Contract 2010-2013 - American Guild of Musical Artists

AGREEMENT made, executed, and delivered in the city of Denver, County of Denver, and Stateof Colorado, this First day of July, 2010, by and between the AMERICAN GUILD OFMUSICAL ARTISTS, a membership corporation organized and existing under and by virtue ofthe laws of the State of New York and having its principal office at 1430 Broadway, 14th Floor,New York, New York 10018 (hereinafter “AGMA”) and COLORADO BALLET COMPANY, anot-for-profit corporation organized under the laws of the State of Colorado, having its principalplace of business at 1278 Lincoln Street, Denver, Colorado 80203 (hereinafter called“EMPLOYER”).W I T N E S S E T H:In consideration of the mutual agreements herein contained, the parties agree as follows:1. EMPLOYEES COVERED - RECOGNITIONThe EMPLOYER hereby recognizes AGMA as the exclusive collective bargaining agent for allfull time and regular part time Dancers, and Dancer Apprentices (all herein referred tocollectively as “ARTIST”) employed by the EMPLOYER; BUT EXCLUDING all students andstudent – trainees of the Academy of the Colorado Ballet or any other dance academy, all officeclerical employees, managerial employees, choreographers, stage managers and their assistants,guards, and supervisors as defined by the Act. The EMPLOYER agrees that AGMA represents,for all collective bargaining purposes, a majority of the ARTISTS.2. APPLICATION OF BENEFITSThe EMPLOYER agrees that the provisions of this Agreement shall apply to and inure to thebenefit of all ARTISTS employed or otherwise engaged by the EMPLOYER, or by an affiliate,subsidiary or the like of the EMPLOYER, directly or indirectly, or through agents/managers orindependent contractors, notwithstanding anything herein to the contrary. Whenever there shallbe used in this Agreement any phrase of a more restricted meaning, such as, for example,“ARTISTS employed by the EMPLOYER” such phrase shall be deemed to mean “ALLARTISTS employed or otherwise engaged by the EMPLOYER, or by an affiliate or subsidiaryof the EMPLOYER, directly or indirectly, or through agents/managers or independentcontractors”.3. MEMBERSHIP IN AGMA(a)Until and unless the union security provisions of the Labor ManagementRelations Act, 1947, as amended, are repealed or amended so as to permit astricter union security clause, the following provisions shall apply:“The EMPLOYER shall employ and maintain in its employment only suchpersons covered by this Agreement as are members of AGMA in good standing oras shall make application for membership on the thirtieth (30th) day following thebeginning of employment hereunder or the date of execution of this Agreement,whichever is the later, and thereafter maintain such membership in good standingas a condition of employment.”1

In the event said Act is repealed or amended as to permit a stricter union securityclause the above provision shall be deemed amended accordingly. The provisionsof this paragraph are subject to said Act.(b)(c)(d)AGMA agrees that it is and will continue to be an open union and will keep itsmembership rolls open and will admit to membership all ARTISTS engaged bythe EMPLOYER and will not impose unreasonable entrance fees or dues upon itsmembers; provided, however, nothing contained in this Agreement shall bedeemed to limit the right of AGMA to suspend, expel, otherwise discipline or torefuse to admit to membership or readmit a member, pursuant to the rules,regulations, Constitution and By-Laws of AGMA, and provided, further, thatnothing contained herein shall require the EMPLOYER to discharge or refuse toengage any ARTIST by reason of an action of AGMA which is in violation of thesaid Labor Management Relations Act.Nothing contained within this Agreement or the Standard Artist’s Contract forEmployment in any way shall abrogate the artistic prerogatives of the ArtisticDirector, which shall be the sole judge and arbiter of any and all artistic matters.AGMA agrees to consider and act upon all charges filed in writing by theEMPLOYER against AGMA member(s) and shall conduct a hearing whenwarranted in accordance with the AGMA Constitution and By-Laws. TheEMPLOYER agrees that such charge filed in writing with AGMA and acted uponby AGMA shall not be subject to arbitration.4. INDIVIDUAL EMPLOYMENT CONTRACT(a)(b)No ARTIST may take part in any performances or rehearsals or do any work inpreparation for a production without first signing a Standard Artist’s Contract forEmployment [“Contract”] which shall state the ARTIST’s rank, compensation,seniority and term of Contract. All Contracts and Agreements made by theEMPLOYER with the ARTISTS employed under this Agreement shall conformin every respect to all the provisions of this Agreement and shall be executed onlyon the AGMA standard form of agreement (hereinafter described as “Exhibit A”)in quadruplicate, one copy for the ARTIST, one for the EMPLOYER, one copyfor the AGMA Retirement and Health Fund, (if applicable) and one for AGMA.AGMA’s copy shall be kept confidential by AGMA and available only (a) to theNational Executive Director or other officer having an equivalent position or (b)when a dispute arises under the contract, and then only to the extent required.Exhibit “A” for Dancers, attached hereto is the Standard Artist’s Contract forEmployment, approved by AGMA and to be entered into by the EMPLOYERwith each ARTIST, subject to such additions thereto and modifications thereofappropriately as may be agreeable to the ARTIST and to AGMA but in no eventinconsistent with this Agreement and less favorable to such ARTIST. A scheduleof rules and regulations, as approved by AGMA, may be attached to the Contract.2

(c)(d)(e)(f)(g)(h)ARTISTS shall be employed on a Weekly Basis, on a Performance Basis or on anAnnual Employment Basis on the terms and at not less than the minimumcompensation hereinafter set forth. As to those ARTISTS who accept such anAnnual Employment contract, the EMPLOYER may not substitute payment forrehearsal weeks for payment of guaranteed performance weeks, if the weeklycompensation of the ARTIST is not the same in all employment weeks. Thisprovision shall become effective upon the commencement of a Contract duringthe term of this Agreement.EMPLOYER agrees that it will continue to employ during the duration of itsperformances (tour) outside of the City of Origination no less than the totalnumber of ARTISTS employed at the beginning of such tour, provided, however,that reduction in such total number may be made due to sickness or injuries but inno event less than 85% of the original total number.When ARTISTS are engaged on a weekly or Annual Employment basis, theContract may contain an option whereby the EMPLOYER may engage theARTIST to render services for an additional specified period of employment.Unless such additional employment is otherwise subject to Paragraph 18(a),notice shall be delivered on the same date to all currently employed ARTISTSwho are required for such additional period of employment. This option may beexercised by the EMPLOYER only by delivering a notice in writing to theARTIST and to AGMA two (2) months prior to the completion of the initialemployment set forth in the Contract. If such notification is made less than two(2) months prior to completion of the initial employment, then an ARTIST shallnot be obligated to participate in the EMPLOYER’s additional employment. TheEMPLOYER shall provide information about the possibility of such additionalemployment six (6) months in advance or as soon as is practicable. [SeeParagraph 16(b) - Contract Period of Employment]ARTISTS shall not have the right to refuse to appear in any dancing role asassigned by the Artistic Director except when morally unacceptable to theARTIST (e.g. nudity).AGMA agrees that all ARTISTS have the obligation to fulfill his/her Contract.AGMA acknowledges that EMPLOYER has the right to pursue all disciplinaryavenues available to the EMPLOYER in instances in which an ARTIST willfullychooses to default on the Contract. These avenues include but are not limited torecourse to AGMA for institution of disciplinary proceedings in accordance withits Constitution and By-laws.Notwithstanding anything to the contrary contained herein, each ARTIST whohas been re-engaged or shall be engaged by the EMPLOYER at the beginning ofthe season, shall be engaged for the minimum number of weeks of AnnualEmployment specified in Paragraph 16(a) of this Agreement for the applicableseason, regardless of whether the EMPLOYER has engaged such ARTIST on a3

for the subsequent season, such offer shall include the applicable StandardIndividual Artist’s Contract [“Contract], together with the written notification, forthe ARTIST to review and consider. The offer will be considered to bewithdrawn unless the ARTIST has returned a signed Contract to the EMPLOYERby the second Saturday in March. An individual ARTIST may make a request foran extension of the deadline if he/she makes the request in writing prior to thesecond Saturday in March. Any extension request is within the sole discretion ofthe Artistic Director. The EMPLOYER will be available for individualARTIST/EMPLOYER discussions during the first week after Contracts have beenoffered to ARTISTS, or the next employment week in the event said week is alay-off week. Thereafter, the EMPLOYER will make every reasonable effort tobe available to an ARTIST for such discussions prior to the deadline for returningsigned contracts.(c)(d)(e)In the event an ARTIST continuously employed on a Annual Employment basisby the EMPLOYER for ten (10) or more years is given a notice of nonreengagement,said notice shall be effective for a period of twelve (12) monthsfrom the following June 30 th . It is understood that the ARTIST will fulfill his/herobligations to the EMPLOYER and will abide by the rules and regulations setforth in the Agreement for the remaining period of his/her employment.Any ARTIST who has been notified of non-reengagement may receive up to five(5) additional personal days, such days to be subtracted from sick days, ifavailable. The ARTIST shall not receive fewer than five (5) days, regardless ofwhether or not a sufficient number of sick days remain. The ARTIST shall notifythe EMPLOYER at least fourteen (14) calendar days in advance of taking thesepersonal days. All notifications shall be in writing and submitted to theEMPLOYER’s Company Manager. The Artistic Director shall have discretion onwhether or not to grant such a request, and permission shall not be unreasonablywithheld.By no later than March 31 st , the EMPLOYER will furnish AGMA with a list ofthose weekly ARTISTS whose contracts expire at the end of the then currentseason and whom the EMPLOYER does not plan to re-engage for the followingseason or tour.7. LOWERING OF MINIMUMS AND WAIVERS PROHIBITEDThe EMPLOYER agrees that the minimum terms and conditions governing the employment ofARTISTS by the EMPLOYER are those contained herein, and the EMPLOYER further agreesthat it will not enter into any contract with or employ any ARTIST upon terms and conditionsless favorable to the ARTIST than those set forth herein. The EMPLOYER agrees that no waiverby an ARTIST of any provision of this Agreement or any contract between any ARTIST and theEMPLOYER shall be requested by the EMPLOYER or be effective unless the written consent ofAGMA to the making of such request or such waiver is first had and obtained. The EMPLOYERagrees to submit such waiver request to AGMA in writing and in sufficient time to allow the5

easonable and proper consideration of the request by the AGMA Board of Governors or theExecutive Council. Likewise, such response by AGMA shall be given in a timely manner. TheEMPLOYER further agrees that nothing in this Agreement shall be deemed to prevent anyARTIST from negotiating for or obtaining better terms than the minimum terms provided forherein. In any case, however, no agreement or contract between the EMPLOYER and anyARTIST, whether or not such agreement or contract contains such better terms, shall be bindingupon the ARTIST unless such agreement or contract is in writing and approved by AGMA inwriting.8. JOINT COMMITTEEA Committee shall be established to discuss and resolve issues which arise during the term ofthis Agreement. This Committee will operate as follows:(a)(b)(c)(d)(e)The EMPLOYER agrees to the establishment of a Committee consisting of up tofour (4) representatives of the ARTISTS, including the AGMA delegates, up tofour (4) representatives of the EMPLOYER, and an officer or representative ofAGMA, when requested.Committee meetings are to be scheduled either upon request of the EMPLOYERrepresentatives, the ARTIST representatives or AGMA, and such meetings shallnot be counted as rehearsal time. Issues brought to the Committee shall have beenfully investigated by the representatives calling the meeting before beingpresented.The subject matter to be discussed by the Committee shall be limited to issuesrelating to terms and conditions of employment. The purpose of the Committee isto create and maintain open communication between the ARTISTS and theEMPLOYER, and to provide the opportunity for both parties to address eachothers concerns.The EMPLOYER will cooperate with AGMA in setting up a shop meeting duringthe first two (2) weeks of the rehearsal period in order that AGMA members canelect a delegate and a Committee and acquaint the members with the provisions ofthis Agreement. This time shall be made available during a regular scheduledrehearsal day but shall not count toward the hours worked in the day or in theweek. The EMPLOYER agrees, subject to the requirement of rehearsal andperformance, to set aside an additional period of up to one (1) hour during whichthere may be no rehearsals, upon request of AGMA, for a membership meeting.This one (1) hour is not to be counted toward hours worked in the day or in theweek.The EMPLOYER will cooperate with AGMA in making additional time availableduring the rest of the performing season at the ARTISTS’ or AGMA’s request.This shall be unpaid time and may infringe upon ARTISTS’ rest span.6

9. CONTRIBUTIONS TO EMPLOYER PROHIBITED(a)(b)No officer, director, employee or agent/manager of the EMPLOYER and noperson who occupies the relationship of independent contractor to theEMPLOYER shall act as manager, agent or personal representative of anymember of AGMA or receive, directly or indirectly, any compensation orremuneration of any kind or nature whatsoever from any member of AGMA. TheEMPLOYER shall be responsible for enforcing compliance with the precedingsentence. Within ten (10) days after notice is given by AGMA to theEMPLOYER of any violation of this paragraph, the EMPLOYER shall correctsuch violation. If the EMPLOYER shall fail to correct such violation within suchtime, then the EMPLOYER shall be deemed to have committed a material andsubstantial breach of this contract.The EMPLOYER agrees that no AGMA member will be solicited or required tomake any payments or contributions of any kind or nature whatsoever, or to havesuch payments or contributions made by any person firm or corporation, to or forthe benefit of the EMPLOYER or anyone else, in order to acquire or continueemployment by the EMPLOYER or as a condition of acquiring such employmentor any preferment in such employment, and the EMPLOYER agrees that it willnot accept or receive any such payments or contributions.10. PAYMENT OF SALARIES(a)(b)(c)(d)The EMPLOYER agrees that all ARTISTS shall be paid by check or directdeposit not later than 12:00 noon on every other Friday.All overtime payments, double time payments, overmileage payments or anyother payments which arise separate and apart from the weekly minimum salariesshall be paid by the EMPLOYER to the ARTIST no later than two (2) weeksfollowing the submission of the overtime schedule to the EMPLOYER, providedthe submission is received by Human Resources in time for the payroll cutoffdate, but in no case later than three (3) weeks after the submission is received.If the regular payday falls in the first week of employment the ARTISTS shallreceive one week of compensation on the Friday of that week and then shallreceive two weeks of compensation every two weeks thereafter. If the paydayfalls in the second week of employment the ARTISTS shall receive one week ofcompensation on the Friday of the first week of employment, one week ofcompensation in the second week of employment and then two weeks ofcompensation every two weeks thereafter.While on tour ARTISTS shall be paid by check or direct deposit with suitablearrangements made for cashing of checks.7

11. NON-PAYMENT OR PARTIAL PAYMENT OF SALARIESNon-payment, or partial payment of salaries, when due, shall be deemed a material breach ofcontract, giving any ARTIST the right to terminate forthwith his contract with the EMPLOYER.12. DEDUCTIONS(a)(b)(c)(d)The EMPLOYER shall deduct all Social Security, Withholding Taxes, and otherTaxes, required by law, to be paid by the EMPLOYER for his Employees. (AllARTISTS engaged by the EMPLOYER covered by this Agreement areconsidered Employees within the meaning of the law.)The EMPLOYER agrees that it will deduct (“Check-Off”) 2.0% of the grosscompensation earned and to be earned by each ARTIST covered under thisAgreement, for whom there shall be filed with the EMPLOYER a writtenassignment in accordance with Section 302 of the Labor Management RelationsAct, 1947, the applicable “Working Dues”. For purpose of such deduction, travelexpenses, meal money, per diem (to the extent provided for in this Agreement)shall not be considered a part of the “gross compensation” and shall not be subjectto such deduction. The EMPLOYER shall commence making such deductionswith the first wage payment to be made to such ARTIST following the date of thefiling of his or her said written assignment, and such deductions shall continuethereafter with respect to each and every subsequent wage payment to be made toeach such ARTIST during the effective term of said written assignment.Within one (1) month after the end of each payroll period, the EMPLOYER shallremit to AGMA, by check drawn to the order of the American Guild of MusicalArtists, the total amount of all deductions made during the said period for all suchARTISTS. The EMPLOYER further agrees that, upon written request of AGMA,dues delinquent not longer than six (6) months and initiation fees payable toAGMA shall be deducted from the compensation of ARTISTS and paid by theEMPLOYER to AGMA by separate check. It will be AGMA’s responsibility tomake any arrangement with the ARTIST for the collection of dues delinquentlonger than six months.At the time of such remittance, and together therewith, the EMPLOYER shall alsofurnish to AGMA a record (form supplied by AGMA) certifying the names,Social Security numbers and total wage and deductions for the pay period of theARTISTS on whose account such deductions were made. The EMPLOYER willbe liable for failure to make a deduction or deductions as set forth in Paragraph12(b) above.The EMPLOYER agrees that a special written assignment in the following form,which may be contained in the Standard Artist’s Contract for Employment withthe EMPLOYER, will be acceptable for the purpose of this Paragraph:8

past the advertised time, unless the readiness of any ARTIST delays suchcircumstance.(g)Dress Rehearsal - An appearance which includes all the following elements:1. All performing ARTISTS appear in full costume and make-up;2. All scenery, lighting, props and costumes are utilized;3. Full orchestra or performance music utilized;4. May include an invited, non-paying audience;5. No printed program or formal announcement stating cast or programcredits.(h)(i)(j)Emergency Rehearsal - A rehearsal necessitated by the inability of an ARTIST toperform due to sickness or injury when such Emergency Rehearsal is posted bythe EMPLOYER not more than twenty-four (24) hours after the EMPLOYERlearns of the emergency or when the EMPLOYER can submit proof to theAGMA delegates that the rehearsal could not have been scheduled at any othertime. In any case, the ARTIST called for Emergency Rehearsals will receive theprevailing rate.Free Day - A period of twenty-four (24) consecutive hours during which theARTIST may not be required to travel, rehearse, perform, or execute any serviceor obligation whatsoever for the EMPLOYER. The Free Day shall not beinterrupted by any Artist Activity whatsoever, or any other service, nor shall anyindividual volunteer such service without prior written consent from AGMA.Monday, in each contract week is a designated Free Day. During “TheNutcracker” only, should a performance fall on a Monday, an alternative FreeDay may be scheduled for the ARTISTS upon mutual agreement with the JointCommittee and the EMPLOYER. During performance weeks the twenty-four(24) hour consecutive time period shall be counted from twelve (12) hours afterthe close of the last preceding performance. During “The Nutcracker” only,ARTISTS may be required to work multiple six day workweeks.Half Hour Call – The thirty (30) minute period (call) prior to the scheduled starttime of Dress Rehearsals and Performances, wherein the EMPLOYER requiresthe ARTIST to check-in at the performance venue. This thirty (30) minute period(call) shall not be counted toward the hours worked in the day or hours worked inthe week. However, such time shall not infringe in any way on any ARTIST RestTime as defined in Paragraph 15-u. If such Half Hour Call infringes on RestTime it shall be considered as time worked and shall be compensated at theapplicable rate.11

(k) Lecture / Demonstration - An activity of dance exhibition not to exceed fifty (50)minutes in duration for the purpose of conveying the art form to an audienceconsisting of, but not limited to, students, teachers and other interested persons.(l)(m)Major Company Performance – Any performance that is published in theEMPLOYER’s performance season brochure, or a tour performance scheduled byEMPLOYER outside of the City of Origination.Master Class - A teaching activity conducted by an ARTIST for the benefit ofnon-company members within the profession for the purpose of giving instructionand criticism and to be compensated at the rate of fifty dollars ($50.00) per hourpayable in half-hour increments. Such time shall be counted as hours worked in aday and in a week. Such compensation shall be in addition to, and not in lieu of,any other compensation otherwise due to the ARTIST under this Agreement.(n) New Dancer – A dancer who has not previously been employed for twenty (20)weeks as an AGMA Dancer, prior to signing the Contract. A New Dancer mayremain at the New Dancer level of compensation for the duration of her/his initialcontract.(o)Pay Rates – Rates of pay due to an ARTIST by the EMPLOYER, agreed to asfollows in accordance with specified circumstances as described:1. Hourly Rate – ARTIST’s hourly rate shall be the dollar equivalent of onethirtieth[1/30 th ] of the individual ARTIST’s weekly contract salary.2. Overtime Rate - The term “Overtime Rate” shall be one and one half [1 ½]times the ARTIST’s Hourly rate (above), payable in one-quarter (1/4)hour increments.3. Doubletime Pay Rate - The term “Doubletime Pay Rate” shall be two [2]times the ARTIST’s Hourly Rate (above), payable in one-half (1/2) hourincrements.4. Free Day Rate – Any required service on the ARTIST’s Free Day shall bea minimum two (2) hour call paid at the hourly Doubletime Rate for thefirst two (2) hours or fraction thereof, payable thereafter in one-half (1/2)hour increments.5. Travel Overtime - Instances while traveling where the Hourly Rate ofpayment is as follows:2010-2011 2011-2012 2012-2013$30 $30 $30and payable in one half hour (1/2) hour increments.12

(p)Performance – Any Major Company Performance presented by the EMPLOYERwhich includes any number of ARTISTs and is counted as three (3) hours,includes intermissions and/or pauses, which are to be counted toward the hoursworked in a day and in a week and also includes all of the following elements:1. All performing ARTISTS shall appear in full costume and make-up;2. All scenery, lighting, props and costumes are utilized;3. Full orchestra or performance music utilized;4. There is an audience.(q)(r)(s)(t)(u)Performance Week - A week commencing on Monday and ending on Sunday,during which at least one (1) performance is given. If a contract begins on any dayother than Monday, the ARTIST shall be paid on a pro rata basis of one-sixth(1/6 th ) of her/his agreed-upon weekly salary for all days preceding the beginningof the week, subject to the terms in Paragraph 29(c) – Pro Rata Days. Two (2)Lecture/Demonstrations each workday do not convert a Rehearsal Week to aPerformance Week.Principal Dancer - Any ARTIST who has been so designated by the IndividualArtist’s Contract and/or public announcement, programs or other literature issuedby the EMPLOYER.Regular Part Time Dancer – An ARTIST engaged by the EMPLOYER to performcharacter dance roles (such as, but not limited to, Drosselmeyer, Van Helsing,etc.) for two or more productions in a contract year or for eight (8) weeks or more,whichever occurs first. A Regular Part Time Dancer shall be employed on anAGMA Standard Artists Contract of Employment and compensated at no lessthan the minimum weekly New Dancer Rate. All other terms and conditions ofemployment shall apply unless otherwise expressly provided for herein.Rehearsal Week - A Monday through Sunday week in which there is noperformance. Rehearsal weeks shall be Tuesday through Saturday with Mondayand Sunday as Free Days, subject to Paragraph 26(e). The EMPLOYER andAGMA agree that a Rehearsal Week will consist of five (5) days of rehearsal plustwo (2) Free Days. Rehearsal Weeks need not be consecutive.Rest Time - Span of time in which no ARTIST’s Activity may be scheduled. RestTime is understood to mean: Off-span (12 or 13) hours, 4th consecutive workhour, break period after travel, time between consecutive same-day performances,a Free Day, the two (2) hour period prior to performance except as stated inParagraph 28 (a) and break time, intermissions/pauses and the time between theend of rehearsal and beginning of performance, with the understanding that13

intermissions/pauses are counted as time worked when computing theperformance time as defined in the definition of “Performance” above.(v)(w)(x)Run-Outs – Instances or events when and where an ARTIST is required toperform either inside or outside the City of Origination, as defined in thisAgreement, but is not required to stay overnight. For run-outs that occur forty(40) miles or greater from the Colorado Ballet Studios, the EMPLOYER shallcompensate the ARTIST with the appropriate meal allowance and EMPLOYERmay provide transportation to and from such performance or shall provideequivalent mileage allowance for transportation.Soloist Dancer - Any ARTIST who has been so designated by the IndividualArtist’s Contract and/or public announcement, programs or other literature issuedby the EMPLOYER.Specialized Theatrical Skill – An activity during a performance, on-stage,technical and/or Dress Rehearsal which requires one or more of the following actsto be completed by an ARTIST:1. Suspension from trapeze, wire or like contrivance more than four (4) feetabove stage floor;2. Performing on stilts or other specialized apparatus (i.e. Mother Ginger inNUTCRACKER);3. Performing on devices which place ARTIST’s feet more than four (4) feetabove stage floor;4. Operating explosive or pyrotechnic devices;5. Handling fire or performing near or around fire;6. Any other feat of ARTIST(S) as mutually determined by the JointCommittee and the EMPLOYER prior to the first performance.• Notwithstanding the foregoing, performing on any construction orapparatus built above the stage floor or orchestra pit, regardless of height,shall not be considered “Specialized Theatrical Skill” if it is of suchstability, width and protective dance ability and having such railings asmay be necessary so as to assure the safety of the ARTISTS as mutuallydetermined by the Joint Committee and the EMPLOYER.• Not later than two (2) weeks prior to any production the EMPLOYER, theProduction Stage Manager and AGMA delegates and/or Committee willmeet to determine, discuss and resolve any possible situation which maybe defined as a Specialized Theatrical Skill.14

• For each instance of Specialized Theatrical Skill the ARTIST shall becompensated at the rate of fifteen dollars ($15.00) for each performance,on-stage, technical and Dress Rehearsal.• If the agreed upon conditions of Exhibit #2 are met by the EMPLOYER,the use of sharp weapons, swords, and or other props used as weapons,shall not ordinarily be considered Specialized Theatrical Skill.(y)Tech Week – The week(s) of rehearsal and/or performances that include technicaland dress rehearsals. [See Paragraphs 15 (g), 27.5 and 28].16. ANNUAL EMPLOYMENT(a)Definition - The EMPLOYER and AGMA agree that the term “AnnualEmployment”, (and engagement on Annual Employment Basis as used in ExhibitA hereto) shall mean employment of the ARTIST by the EMPLOYER wherebythe EMPLOYER provides the ARTIST not less than:2010-2011 2011-2012 2012-201329 Subject to reopener[see Paragraph 72]Subject to reopener[see Paragraph 72]weeks of employment. Such Annual Employment shall occur within a fifty two(52) week period of each contracted year as designated by the EMPLOYER anduniformly reflected in each Individual Artist Contract (See Contract Period ofEmployment below).(b)(c)(d)Contract Period of Employment – For an ARTIST employed on an AnnualEmployment Basis with the Colorado Ballet, the Contract Period of Employmentshall commence on July 1 st , and shall conclude on the following June 30 th . [Seealso Paragraph 52 - Health Benefits] [See Paragraph 20 – Compensation; Seealso Paragraph 4 (e) Individual Employment Contract]Rehearsals in City of Origination - When all ARTISTS under AnnualEmployment contracts have commenced rehearsals prior to the Fall season, anyRehearsal Weeks in the City of Origination at any time subsequent thereto shallinclude all ARTISTS engaged on an Annual Employment Basis by theEMPLOYER who have already commenced rehearsals.For the 2010-2011 contract year only, AGMA agrees that Colorado Ballet mayengage a maximum of five (5) Apprentices included in the minimum of thirty (30)or thirty-one (31) AGMA dancers. As of July 1, 2011 the limitation on the use ofApprentice Dancers is restored to the following terms:15

Minimum Number of AGMA Dancers - The EMPLOYER agrees to employ aminimum of thirty (30) AGMA dancers, including no more than four (4)Apprentices, on an Annual Employment Basis in each year.The EMPLOYER may engage additional Apprentices pursuant to the followingscale:1. Thirty-one (31) AGMA dancers, including four (4) Apprentices;2. Thirty-two (32) AGMA dancers, including five (5) Apprentices;3. Thirty-three (33) AGMA dancers, including six (6) Apprentices.17. REHEARSALS – MINIMUM AGREEMENT(a)(b)(c)At the beginning of any season the EMPLOYER will provide to the ARTIST notless than two (2) Rehearsal Weeks prior to the First Major CompanyPerformance.Following a layoff of three (3) weeks or less, the ARTIST will be provided notless than one (1) week of rehearsal before Major Company Performances cancontinue.Following a layoff of four (4) weeks or more the ARTIST will be provided notless than two (2) weeks of rehearsal before Major Company Performances cancontinue.18. LAY-OFFS(a)If an ARTIST is called upon to perform one (1) or more performances during alay-off week, the EMPLOYER must pay the ARTIST his full regular weeklyperformance salary, except as provided in Paragraph 29(c).1. If, however, an ARTIST is offered the option of an engagement of one ormore performances during a lay-off period, the acceptance of suchengagement is at the discretion of the ARTIST and subject to an agreedupon fee, to be negotiated between the ARTIST and the EMPLOYER andsubject to advance written notification to AGMA.2. If such engagement involves six or more dancers, the EMPLOYER mustseek a waiver from AGMA as per Paragraph 7.3. If any engagement is scheduled by the EMPLOYER, and it is mandatory,all terms and conditions of this Agreement apply.4. Notwithstanding, all such employment shall be on a Contract and subjectto all contributions and deductions as required herein.16

(b)(c)(d)(e)The EMPLOYER may lay off ARTISTS in the City of Origination without anycompensation. The EMPLOYER agrees that all employment outside the City ofOrigination shall be continuous, and each ARTIST shall be compensatedtherefore at his Performance Week salary, and that it shall not lay off an ARTISTin any place other than the City of Origination.No lay-offs or return to employment shall occur without four (4) weeks priorwritten notification to each ARTIST.When the ARTIST returns to employment following a lay-off period, theEMPLOYER agrees that the rehearsal schedule will be posted by noon two (2)working days before the beginning of rehearsal.Employer will provide a ballet class at no cost to the ARTISTS not less than two(2) weeks prior to the first scheduled rehearsals of the beginning of eachPerforming Season. During the contract year, the Employer will provideCompany class, or an alternative Ballet class after the first week of lay-off of two(2) or more weeks.19. FREE DAYS AND HOLIDAYS(a) During each five (5) day Rehearsal Week, each ARTIST will receive two (2)consecutive Free Days as defined herein.(b)ARTISTS may not be required to rehearse and/or perform on the following legalholidays: Labor Day, Independence Day, Memorial Day, Martin Luther KingDay, Thanksgiving, Christmas, New Year’s Day and Easter Sunday. All suchlegal holidays shall be in addition to the regularly scheduled Free Days.1. If the ARTIST is required to perform or rehearse on a legal holiday or ifthe holiday is scheduled to be the regular Free Day, the ARTISTS shallreceive an extra Free Day within the succeeding or preceding two (2)week period of employment except Thanksgiving, Christmas, New Year’sDay and Martin Luther King Day which shall have the extra Free Dayscheduled within the succeeding or preceding four (4) week period ofemployment.2. If an alternate Free Day cannot be scheduled ARTISTS will becompensated at one-sixth (1/6) of the weekly salary. Legal holidays whichfall on a Sunday or a Monday do not require an additional Free Day duringthat same week, provided the ARTIST shall have an alternate Free Dayscheduled.17

(c)For tours which are in excess of twenty-one (21) days, the EMPLOYER shalldesignate the Free Day on the first business day or a mutually agreeable dayimmediately following the Company’s return to the City of Origination.20. COMPENSATION(a)Minimum Compensation - Rehearsal/Performance Weeks1 st -Year Apprentice $351.962 nd -Year Apprentice $372.97New Dancer $462.27Corps DancerLevel I $651.39Corps DancerLevel II $672.40Soloist Dancer $777.46Principal Dancer $945.56*Delegate Fee$50 ea.2010-2011 2011-2012Subject to reopener[seeParagraph72]2012-2013Subject to reopener[seeParagraph72]Returning ARTISTS whose contractual weekly compensation exceeds the above rates plus anyapplicable Seniority payments shall receive no less than a 3% increase in each year.*Payable to each delegate up to a maximum of two.(b)Seniority Minimum - Rehearsal and Performance Weeks1. The EMPLOYER agrees to pay to each ARTIST five dollars ($5) perweek per year of employment in addition to the applicable minimumweekly base compensation of each category provided for in thisAgreement subject to the terms below in 2 –5.2. Such payment shall begin in the first year that the Artist is engaged asCorps Level Dancer, or in the second year of employment if the Artist isoriginally hired at the Corps Level I or higher and shall be computed as ofthe date of the first year of contracted employment for the purpose ofdetermining the amount payable. The EMPLOYER further agrees thatSeniority payment will accrue from level to level should an ARTIST bepromoted.18

3. For the purpose of determining eligibility of the ARTIST to any of theSeniority Compensation provided for above, an ARTIST shall be requiredto have been employed by the EMPLOYER not less than twenty (20)weeks (not necessarily continuous) or for all of the employment providedby the EMPLOYER in each contracted year of employment.4. In the event an ARTIST is engaged by EMPLOYER for twenty (20) ormore weeks of employment (not necessarily continuous) in a particularseason, but is unable to complete twenty (20) or more weeks of suchcontracted employment due to a debilitating injury or illness, such seasonshall nevertheless count towards the computation of Seniority, SeverancePay and/or Transition Pay, whichever is applicable, as provided herein.5. Apprentice years, as defined in this Agreement, shall count towardqualifying an ARTIST for Seniority payment, but the ARTIST shall notvest in such payments until he/she is employed at no less than the CorpsLevel I.21. REGULAR PART TIME ARTIST(a)(b)(c)Compensation - All ARTISTS engaged on a Regular Part Time basis [SeeParagraph 15(s) – Definitions] shall be compensated at no less than the NewDancer Rate for each week of employment. If the ARTIST is required toperform outside the City of Origination, the EMPLOYER will provide theARTIST with a hotel room, plus meal money as provided herein.Per Diem – Meal Money - In those instances where the ARTIST is required toperform outside the City of Origination, but is not required to remain outside theCity of Origination overnight, the ARTIST will, in lieu of per diem providedherein, receive meal money as listed in Paragraph 45(p). Such monies, either perdiem or meal money, shall be distributed to the ARTIST not later than two (2)working days prior to scheduled departure.Benefits - In addition, each Regular Part Time Artist shall receive an amountequal to five percent (5%) of his/her weekly gross compensation, for each week ofcontracted employment, in lieu of Colorado Ballet benefits.22. SINGING AND SPEAKING ROLESAn ARTIST shall be compensated $5.00 per performance for singing and/or speaking ten (10) orfewer words in a dance piece or dance work. An ARTIST who sings or speaks eleven (11) ormore words in a dance piece or dance work shall receive $15.00 per performance in addition toweekly contractual compensation.19

23. CAREER TRANSITION(a)(b)Any ARTIST who has completed his/her tenth (10th) year of service or more withthe EMPLOYER, and is leaving Colorado Ballet shall be paid an amount equal toone-half (1/2) his/her then current contractual weekly base salary, for each year ofemployment with a maximum total years of service of twelve (12) years.Apprentice years shall count toward qualifying an ARTIST for Career Transitionpayment pursuant to subparagraph (a), above, and those years shall count towardcalculating the amount of payment itself. Years of service need not be continuous.However, if an ARTIST is gone for more than two (2) consecutive years, theyears of employment prior to such absence shall not be counted toward years ofservice for purpose of this paragraph.(c) Payments made under this Paragraph 23 will be split equally over the two (2)quarters immediately following the date of termination and will be paid on thepayroll date closest to the end of each respective quarter.24. COMPLIMENTARY TICKETS(a) The ARTIST shall receive two (2) complimentary ticket vouchers and six (6)half-price discount ticket vouchers for each production. Vouchers may be usedonly for limited performances, as selected by the EMPLOYER, are subject torestrictions and terms contained therein, and are valid for any seating areas,except Spotlight Circle seating.(b)(c)(d)ARTISTS may request an exception from EMPLOYER for alternate dates ofvoucher use if their preferred date is not offered on the vouchers. Such requestsare subject to availability.Vouchers will be issued and are redeemable fifteen (15) calendar days before theopening of the production and are valid only through dates specified. TheARTIST must be on contract in order to receive complimentary ticket or halfprice ticket vouchers.Ticket policy applies only to those performances considered part of theEMPLOYERS regular season.25. PARKINGEMPLOYER will exert every best effort to negotiate and achieve a discount parking rate for allARTISTS.20

26. REHEARSALS DURING REHEARSAL WEEKS (for ARTISTS on Weekly orAnnual Employment Basis)(a)During Rehearsal Weeks the ARTIST may be called upon to rehearse not morethan thirty (30) hours per week and not more than six (6) hours in any one (1) dayin a five (5) day week or five (5) hours in a six (6) day week. ARTISTS shall becredited from the scheduled start time of rehearsal to the scheduled stop time, orthe release time, whichever is later. Any such rehearsal may be called, counted,credited and compensated for in one-quarter (1/4) hour increments, unlessotherwise expressly provided for in this Agreement.(b)(c)(d)If the ARTIST shall be required to rehearse, including any Artist Activity, morethan thirty (30) hours per week or more than six (6) hours per day during a fivedayweek, or five (5) hours per day in a six (6) day week, he/she shall be paidadditional compensation of not less than one-quarter (1/4) the hourly OvertimeRate for each such additional quarter hour or fraction thereof. It is further agreedthat if a rehearsal extends beyond the scheduled stop time, such time will becompensated at the rate of one quarter (1/4) the hourly Overtime Rate for eachadditional quarter (1/4 hour or fraction thereof.In the event that the ARTIST is called to perform any Artist Activity at any timeduring a Free Day as defined herein, the ARTIST shall be compensated at theFree Day rate for a minimum two hour call. Thereafter the ARTIST shall becompensated in half hour increments.The ARTIST may not be required to perform any Artist Activity sooner thanthirteen (13) hours following the end of the last service of the preceding day. Ifthe ARTIST is required to perform an Artist Activity within the thirteen (13) hourperiod, he/she shall be compensated at the hourly Double Time Rate for each half(1/2) hour or fraction thereof. All rehearsal hours during all Rehearsal Weeksshall be scheduled within a seven-hour span. During rehearsal weeks,EMPLOYER recognizes and agrees to maintain current practice as follows: Classbegins at 10:15 AM, first service begins at 12 Noon and all services end by 7:00PM.(e) For each eight (8) weeks of employment, the EMPLOYER may schedule one (1)6-day Rehearsal Week prior to a Performance Week. The limit of thirty (30) hoursper week and five (5) hours per day shall prevail in all such 6-day weeks.(f)All rehearsals where an audience is in attendance for fund raising or “cultivation”event shall occur during the defined rehearsal span as specified herein. AnyARTIST who is required to dance in a fund raising or “cultivation” event orrehearsal scheduled outside of the defined rehearsal schedule shall be paid thehourly Overtime Rate in one quarter (1/4) hour increments. (A “cultivation” eventis defined as a quasi-Lecture/Demonstration performed in front of a small invitedaudience.) Only in the event that a fund raising or “cultivation” event cannot be21

scheduled within the time span stated above, upon two (2) weeks advancenotification, the EMPLOYER may shift the day’s span to not later than 8:30PM,and class on that day will begin at 11:45 AM.27. REHEARSAL CONDITIONS – GENERAL PROVISIONS(a)The EMPLOYER agrees not to schedule rehearsals which require an ARTIST tobe available for any two (2) rehearsals occurring at the same time. If an ARTISTis so scheduled, he/she shall make a reasonable effort to contact the Artistic Staff.1. If the ARTIST is unable to contact an Artistic Staff member, and/orreceives no direction as to which rehearsal to attend, the ARTIST mayattend either rehearsal at the ARTIST’s election, without penalty or otheradverse impact.2. In the event that the ARTIST is subsequently told to attend the otherrehearsal or both rehearsals, the rehearsals shall be counted a two separaterehearsals and the ARTIST shall be compensated as such.(b) Within the first four (4) hours of rehearsal each ARTIST shall receive sixty (60)consecutive minutes of Rest Time. The maximum number of consecutive hours ofrehearsal for which an ARTIST may be called is three (3) hours. If the ARTIST isscheduled to rehearse for a fourth (4th) consecutive hour such rehearsal shall bepaid at the Double-time Rate in half-hour segments. The ARTIST will not berequired to travel to another place of rehearsal nor will costume fittings bescheduled during the one hour rest period.(c)(d)When any ARTIST is required to execute movements which involve kneeling onthe floor in any rehearsal room or on stage, the floor of such room or stage shallbe maintained in proper condition for such work and cleaned prior to suchrehearsals.The ARTIST shall be given one 5-minute break during each hour of rehearsalfollowing a 55-minute rehearsal period or 10 minutes after no more than an hourand 20 minute rehearsal. The first rehearsal immediately following CompanyClass, or following a scheduled break of one hour or more, may extend for a fullsixty (60) minutes before the ARTISTS require a five (5) minute break.e.g., Schedule may read as follows:10:15-11:45 Class12:00-1:00 Rehearsal1:05-2:00 Rehearsal2:05-3:00 Rehearsal3:00-4:00 Lunch4:00-5:00 Rehearsal5:05-6:00 Rehearsal6:05-7:00 Rehearsal22

(e)ARTISTS must have forty-five minutes off between calls at two (2) differentlocations. This is in addition to earned break time and to actual travel time whichshall be counted in quarter (1/4) hour increments. Actual travel time shall bedetermined by the Joint Committee as per Paragraph 8.(f) Any rehearsal may be called, counted, and compensated for in one quarter (1/4)hour increments, unless otherwise provided for in this Agreement.(g)(h)(i)(j)(k)For the purposes of compensation due hereunder, time shall be computed inaccordance with the posted schedule or actual time of dismissal, whichever islonger.Any ARTIST appointed by the EMPLOYER to take charge of an officiallyscheduled rehearsal, whether or not the Ballet Master is present, shall be paid atthe rate of thirty dollars ($30) per hour, payable in quarter (1/4) hour increments.The ARTIST’s uncompensated rehearsal hours shall not be utilized in lieu ofpayment for performing the service of replacement for Ballet Master. Suchcompensation is in addition to any applicable compensation otherwise due to theARTIST under this Agreement.A Stage Manager or EMPLOYER representative will be present at all times whenthe Company is rehearsing in the theater and at all Lecture/Demonstrations. Thisrepresentative will be responsible for the floor condition, heating, adequatelighting and for calling breaks and keeping exact time records with regard tocommencement and dismissal of rehearsals. The EMPLOYER agrees that anofficial management representative with authority and decision making powerwill accompany the ARTISTS on all tours.Any Artist Activity requiring make up other than Dress Rehearsal or RegularPerformance must include a half hour rest interval prior to the beginning of thenext scheduled call of that day, in addition to any other earned break time. Suchhalf hour shall not be counted toward consecutive hours worked, but shall counttoward the total hours worked in the day and in the week. If it occurs at the endof the last call of the day the EMPLOYER shall not incur any Overtime or DoubleTime payments for the day, or for the week.The EMPLOYER shall be responsible for the cleaning and maintenance ofrehearsal facilities, including lounge and bathroom facilities and regular cleaning,repair and maintenance of the dance surfaces. In addition, EMPLOYER shallprovide for the extermination of rodents and insects when their presence isevident.27.5. REHEARSALS DURING TECHNICAL AND PERFORMANCE WEEKS(a)All Dress Rehearsal and Performance hours worked in Technical andPerformance Weeks shall be credited from Curtain Time, as defined in Paragraph23

15 (f) and for the full running time of the respective call, but in any case shall beno less than a three-hour call for each such Dress Rehearsal and Performance.1. Half Hour Call prior to Dress Rehearsals and Performances shall not becounted toward the hours worked in the day or hours worked in the week.However, such time shall not infringe in any way on any ARTIST RestTime as defined in Paragraph 15.2. If such Half Hour Call infringes on Rest Time it shall be considered astime worked and shall be compensated at the applicable rate.(b)Technical Week Schedule1. Maximum number of hours worked in a Tech week without additionalcompensation is thirty-five (35).2. Monday shall be a scheduled Free Day.3. Tuesday – Saturday can be scheduled as 6 hour work days.4. Sunday can be scheduled as a 6 hour work day consisting only ofperformance calls. A rehearsal cannot be scheduled after a matineeperformance unless in case of emergency, and will be compensated at theapplicable rate.(c)Performance Week Schedule1. Mondays shall be a scheduled Free Day.(See conditions in case of Monday Nutcracker performance in Paragraph15 (i).)2. Tuesday – Sunday can all be work days with the following provisions:• Maximum hours worked in a performance week without additionalcompensation shall be 33.• There shall be no rehearsals after a Sunday matinee performance unless incase of emergency, any emergency rehearsal will be compensated at theapplicable rate.• Maximum hours worked in a day can be two (2) performance calls or 1performance call and a two (2) hour rehearsal call, or a five (5) hourrehearsal day.24

• During weeks where there are no Tuesday or Wednesday performances,Tuesday will be a Free Day. If there is a Wednesday performance,Tuesdays shall have no longer than three (3) hours of rehearsals.(d)Week Following Performance Run - Shall be one of the following:1. Tech Week – terms of Sub-Paragraph (b) above shall apply.2. Interim Week – Shall be a thirty-hour week scheduled from Wednesdaythrough Sunday.3. Regular Rehearsal Week - Shall be a twenty four (24) hour weekscheduled from Wednesday through Saturday with no more than six hoursscheduled per day.28. CONDITIONS DURING PERFORMANCE WEEKS(a)(b)(c)The ARTIST shall not be required to rehearse within the two (2) hour period priorto the commencement of any performance, unless such rehearsal is scheduledunder emergency conditions as herein defined and further provided that suchEmergency Rehearsal is compensated for in half hour increments at the DoubletimeRate.If the ARTIST shall be required to rehearse in excess of the maximum number ofhours per day or per week, he/she shall be paid not less than the rate of onequarter(1/4) the hourly Overtime Rate for each such additional rehearsal quarterhour or fraction thereof. It is further agreed that spill-over overtime rehearsal asdefined herein will be paid for at the rate of one-quarter (1/4) the hourly OvertimeRate for each additional quarter-hour of rehearsal or fraction thereof.In the event an ARTIST is required to rehearse a fourth (4th) consecutive hour,any 4th or more consecutive hour of service shall be paid for at the Double-timeRate in one-half (1/2) hour segments.(d) The first required service of an ARTIST shall not be sooner than thirteen (13)hours following the end of the last preceding performance or rehearsal period inthe City of Origination. On tour, there shall be a twelve (12) hours intervalfollowing the end of the last preceding performance and the next required service.(e)If the ARTIST is required to rehearse or to perform any Artist Activity during thetwelve (12) hour off span while on tour, or thirteen (13) hour off-span while athome or after an evening performance, the ARTIST shall be paid at the DoubletimeRate in one-half (1/2) hour increments25

(b)(c)(d)(e)(f)(g)(h)(i)During all Rehearsal and Performance Weeks the daily schedule shall be postedby 4:30 PM for two (2) working days in advance of the corresponding rehearsalday. In addition, changes can be made to the daily schedule by 12 PM (noon) one(1) working day prior to the corresponding rehearsal day.If the EMPLOYER does not abide by the foregoing (a) and (b) above, or any partthereof, the ARTIST shall be exonerated for any lateness or missing of rehearsalsoccasioned thereby.Notification of dress/technical rehearsal make-up and hair requirements will beposted on the Company call board no later than half-hour call.The EMPLOYER shall have listed in the program distributed to the audience, oron a reader board in the main lobby, or have announced to the audience, thenames of all ARTISTS who perform leading roles, as designated by the ArtisticDirector.In the event changes occur in the cast (Principal and Solo roles only), theEMPLOYER will announce those changes to the audience or post such changesthrough program inserts, reader board, Figaro, or other mutually acceptablemeans.In the case of an emergency, the EMPLOYER shall notify the ARTISTS bytelephone or in person within one-half (1/2) hour after curtain-down on aperformance day or Dress Rehearsal day and prior to 9:00 PM on a rehearsal dayof any changes in the rehearsal schedule for the following day. ARTISTS shall beexonerated for any lateness or missing rehearsals unless such notification hasoccurred.Full Basic Casting (showing all ARTISTS cast and covering), which is subject tochange, will be posted no later than two (2) weeks after the start of rehearsals forthat piece. Complete casting with performance dates will be posted no later than12 PM (noon) two weeks prior to the performance of that piece.Designated Covers – EMPLOYER must designate covers assigned to attend aperformance by 4 PM two days prior to such performance, pursuant to the termsherein.34. WORK POLICY(a)(b)Students and Studio Company members shall only be cast in corps de ballet roles(as defined by the Artistic Director).Studio Company members may be used to cover Principal or Solo roles only in anextreme emergency (injury or illness). EMPLOYER shall so notify AGMAdelegates and upon request, will meet with the AGMA delegates to discuss.28

(c)EMPLOYER shall use best efforts to cast all Corps Dancers before castingstudents or Studio Company dancers in any ballet. In the event a student orStudio Company member is cast in place of a Corps Dancer, EMPLOYER shallso notify AGMA delegates and upon request, will meet with the AGMA delegatesto discuss.35. REHEARSAL AND PERFORMANCE CONDITIONSThe EMPLOYER agrees to take all responsible steps in an effort to obtain the followingperformance and rehearsal conditions:(a)(b)(c)(d)(e)(f)Prior to the commencement of rehearsals and performances, all stage andrehearsal spaces must be inspected by the Stage Manager and the AGMAdelegate(s). These spaces must be mutually approved and not deemed dangerousby the AGMA delegate(s) and EMPLOYER representative.EMPLOYER will make best efforts to maintain the temperature at 72° in all areasof scheduled Artist Activities. No ARTIST shall be required to rehearse orperform when the temperature drops below 65 degrees (Fahrenheit) or exceeds 85degrees (Fahrenheit) in the place of rehearsal or performance, or below 18.3Celsius or above 32.2 Celsius. This guideline shall apply to changing rooms,fitting rooms, photographer studios and other locations in which the ARTISTmust work.ARTISTS may use their discretion as to whether they wear warm-ups forrehearsal if the temperature is not maintained at 72 degrees.If AGMA receives complaints that the home theaters have not met the health andsafety standards set forth in this Agreement, the EMPLOYER will give evidenceto AGMA in writing that steps have been taken to eliminate the theater’sinadequacies.Crossovers must be sufficiently lighted and uncluttered so as to prevent accidentsand facilitate quick crossovers.Rehearsal, dressing room and performance facilities:1. In each theater where the ARTISTS perform there shall be a sufficientnumber of chairs and mirrors in each dressing room, as well as reasonablyaccessible toilet and washing facilities backstage for both men andwomen.2. All rehearsal and dressing rooms shall be thoroughly cleaned.3. If body make-up is required EMPLOYER will make best efforts to ensurethat all performance venues have hot water and showering facilities29

available. If hot water and shower facilities are not available, body makeupwill not be required for on-stage technical or dress rehearsals, howeverbody make up for performances will be at the discretion of the ArtisticDirector.4. EMPLOYER agrees to provide piano accompaniment for all classes andscheduled rehearsals whenever possible.5. The EMPLOYER agrees to provide sufficient barres for stage and forevery warm-up while on tour.6. At the “Artist 15 minutes” prior to curtain going up, the stage or adjacentspace will be free for use by the ARTISTS whenever possible.(g)(h)(i)Employer shall provide warm-up space including proper floor and barres duringall performances if no additional costs are incurred.If a performance or rehearsal venue has a concrete or carpeted floor that is to becovered by Marley flooring, or if conditions exist that otherwise fail to meet thestandards set forth above, EMPLOYER, in consultation with the AGMAdelegates, shall give consideration to the programming content and to thechoreography and shall make appropriate alterations, including, but not limited to,changes to choreography and/or costumes, staging and lighting.Physical Therapy1. A physical therapist will be scheduled for three (3) hours per day on eachday of rehearsals during rehearsal and performance weeks. In addition, aphysical therapist will be scheduled for three (3) hours during ColoradoBallet’s regular performances in the theater, (not including Run-Outs orLecture Demonstrations).2. EMPLOYER and ARTISTS shall work together in Joint Committee toensure that such physical therapist is mutually acceptable. The ARTISTSshall have the opportunity to work with any PT who is underconsideration, for a period of time that is mutually agreeable to theEMPLOYER and ARTISTS, for evaluation purposes, but the finaldecision is within the sole discretion of the EMPLOYER.36. THEATER SAFETY(a)The EMPLOYER agrees that ARTISTS will not be requested or required torehearse or perform in any theater or other facility which is unsafe or unsanitaryor which contains a floor that is not a safe floor for dance. ARTISTS shall not berequired to rehearse or to perform on any concrete or marble floors or upon anyother inflexible surface which is considered unsafe or injurious to the dancers.30

ARTISTS will not be required to rehearse or perform upon any wooden floorswhich are directly laid over similar surfaces lacking in safe dance resiliency or onfloors with irregular or uneven surfaces.(b)(c)(d)In contacting a presenter for a tour engagement, EMPLOYER will request a list ofdance companies that have performed in the theater in the recent past.EMPLOYER will contact up to three of those companies to ask about theconstruction and condition of the stage floor and their opinion on the suitability ofthe stage floor for dance performances. This information will be given to theAGMA representative for approval.EMPLOYER will notify the AGMA delegates immediately upon discovery of anyrelevant information concerning each performing space, including, but not limitedto, the size, the type and condition of flooring and floor surfaces, size andcondition of dressing room facilities, availability of shower facilities and thenumber and proximity of bathrooms. Such information shall be presented to theAGMA delegates for all touring, Lecture Demonstrations and PromotionalAppearances, as per terms set forth in Paragraph 35 (h) “Performance andRehearsal Conditions.”AGMA may advise the EMPLOYER of any theater that is unsafe or unsanitary orthat has a floor which is unsafe or improperly constructed for dance, to the extentAGMA is aware of such condition. If the EMPLOYER has concerns about thesafety of a stage floor in which it intends to perform, AGMA will attempt toinvestigate all aspects of the stage floor in question to determine if it meets therequirements of a safe floor for dance. However, any such investigation ordetermination shall not relieve the EMPLOYER of its responsibilities hereunder.37. ABSENCE OF MANAGERIn the absence of the General Manager and/or Company Manager on tour, the EMPLOYER willdesignate an individual who will be responsible for carrying out the duties to be performed bymanagement.38. SAFEKEEPING OF VALUABLESThe EMPLOYER shall provide a strong box to be kept by a responsible staff member of theEMPLOYER for storing of ARTISTS’ money and other valuables during all Performances andDress Rehearsals. The EMPLOYER will not, however, assume liability for items placed in thestrong box for safekeeping, and ARTISTS shall be responsible for retrieving money and othervaluables.39. LECTURE/DEMONSTRATIONS(a)A Lecture/Demonstration shall count as one-half (1/2) performance serviceproviding that the total elapsed time including travel does not exceed four (4)31

hours, and providing that each Lecture/Demonstration does not exceed fifty (50)minutes in length. If Lecture/Demonstration exceeds fifty (50) minutes in length,Overtime shall apply in one-half (1/2) hour increments. There shall be not morethan three (3) Lecture/Demonstrations in any one day, each being separated bynot less than one and one-half (1-1/2) hours if travel is involved and by no lessthan one-half (1/2) hour if no travel is involved.(b) A Back-to-Back Lecture/Demonstration shall consist of two (2)Lecture/Demonstrations, each not to exceed fifty (50) minutes in length,performed in the same location for two different audiences within a two and onehalf(2-1/2) hour period with an interval of not less than twenty-five (25)consecutive minutes between. It is equivalent to one (1) full performance.(c)(d)(e)(f)(g)(h)(i)All provisions of this Agreement with respect to rehearsal and travel will apply toLecture/Demonstration.In the event that a Lecture/Demonstration is scheduled on the same day as aregular performance, the provisions of this Agreement relative to a twoperformanceday will apply. No ARTIST may appear in more than oneLecture/Demonstration on a performance day.Rehearsal will be permitted following Lecture/Demonstrations only if there hasbeen a one and one-half (1-1/2) hour rest period from curtain down time prior tothe commencement of such rehearsal, subject to the terms of Paragraph 28.On Lecture/Demonstration days when no other performance is scheduled,rehearsals may be scheduled as follows:Three (3) hours of rehearsal in the event of one (1) Lecture/Demonstration perday, two (2) hours of rehearsal in the event of two (2) Lecture/Demonstrations perday and no rehearsal on days when three (3) Lecture/Demonstrations arescheduled.No stage makeup will be required for Lecture/Demonstrations, excepting specialethnic or character stage make-up integral to the Dance Piece. Make-up may berequired for certain ARTISTS, in which case ARTIST shall be credited with halfhour call before the scheduled start of the Lecture Demonstration.The ARTIST shall have access to the performing space at least one (1) hour priorto the starting time of a Lecture/Demonstration. The EMPLOYER shall arrangefor a suitable warm-up space with barres for the ARTISTS. The EMPLOYERagrees to provide a professional floor surface for all Lecture/Demonstrations.Stage Manager or his designate is to examine the floor and assist in preparing thefloor surface for the safety of the ARTIST.The EMPLOYER will arrange for adequate dressing rooms to include dressingand seating space and bathroom facilities for all occupants.32

(j)(k)If circumstances exist that make it impossible to provide warm up space and/oradequate facilities as described herein, the EMPLOYER will meet with theAGMA delegates in advance to discuss acceptable alternatives.The choreography of the dance pieces to be performed shall be modified to adaptto the existing physical limitation for all Lecture/Demonstrations, fund raising orsimilar events which could endanger the ARTIST. The EMPLOYER mustprovide a Marlee dance surface for all aforementioned events when available.40. COSTUMES, WIGS, SHOES AND MAKE-UP(a)(b)(c)(d)(e)The EMPLOYER agrees to supply the ARTIST with all costumes, wigs, haircoloring, shoes, body make-up, and any special make-up and accessories forcharacter roles, and all costume accessories (i.e., jewelry, fans, and so forth) priorto performances and dress rehearsals. An emergency supply of bobby pins, needleand thread, scissors, mirror and shoe scraper will be placed off stage on both sidesfor use during performances.One week prior to the first week of employment, the ARTIST shall receive onefull month allotment of shoes as follows: three (3) pairs of slippers for men andone (1) pair of slippers and five (5) pairs of pointe shoes for women. Ribbons andelastic will be provided for each pair. Additional slippers and pointe shoes shallbe provided as follows:Men: Three (3) pairs of slippers per month;Women: One (1) pair slippers and five (5) pairs of pointe shoes per month. TheEMPLOYER will provide material for hardening pointe shoes. Every four (4)weeks the EMPLOYER will schedule a specific time on a specified day of theweek for distributions of pointe shoes.During the first week of employment, each male ARTIST shall receive one dancebelt to keep for use in rehearsals. In addition, all female ARTISTS shall beprovided with two pairs of performance tights for each production, as requiredand all male ARTISTS shall receive one pair of performance tights for eachproduction, as required. If EMPLOYER requests ARTIST to purchase his/herown items as listed in (b) and (c) herein, EMPLOYER shall reimburse a monetaryequivalent. Prior to Tech Week, all female ARTISTS shall receive performancetrunks and g-strings.All replacement of black and/or white soft-soled shoes shall be with new shoes asrequired for performances, and prior to such rehearsals and performances.All other specialty shoes and/or boots provided to the ARTISTS by theEMPLOYER shall be comfortable shoes. All specialty shoes and/or boots shall beproperly repaired and reasonably fitted before any use, and ARTIST shall beexpected to go to fittings for that purpose. All performance specialty shoes and/or33

oots shall be available to the ARTISTS not later than forty-eight (48) hours inadvance of the final studio rehearsal or forty-eight (48) hours in advance of theperformance, if they are a replacement pair of shoes and/or boots. Wheneverpossible, the EMPLOYER shall make available a pair of specialty shoes and/orboots for each ARTIST for use in rehearsals. These may be the same shoes asthose used in performance.(f)(g)(h)(i)The EMPLOYER agrees that while on tour it will carry the ARTIST’S make-upand practice clothes from point to point. The EMPLOYER shall distribute theARTIST’S make-up and practice clothes to the theater dressing area no later thanone (1) hour prior to performance time. All ARTISTS’ costumes will bedistributed in dressing rooms both on tour or in City of Origination no later thanby half-hour call, and a wardrobe person will collect each ARTIST’S costumesafter the performance and return the costumes to be packed and stored. ARTISTSshall not be required to distribute or pack their own costumes at any time. Theatercases shall be delivered to the theater not later than one (1) hour prior to the firstcall of the day, whenever possible. ARTISTS may be required to carry one (1) setof practice clothes in personal wardrobe in certain instances. The EMPLOYERwill make available for purchase a theatre case for each ARTIST.The EMPLOYER agrees ARTIST’S costumes will be cleaned at the end of theperformance period of each production. The EMPLOYER agrees to launder allwashable performance items (e.g. tights, trunks, dance belts, unitards, etc.) aftereach Dress Rehearsal and each Performance. No personal items, other than thoseitems required for the performances, will be washed with costumes. TheEMPLOYER agrees to furnish two (2) T-shirts to all male ARTISTS to wearunder costumes. ARTISTS will never be required to wear unlaundered tights orwashable performance items, nor will an ARTIST be required to wear such itemsof another ARTIST under any circumstance. Washable attached trunks ofcostume shall be laundered/hand-washed after each wearing when costume isshared. Dry-cleanable costumes shall be spot-cleaned in the groin/crotch and armpitareas after each wearing whether or not costume is shared. Costumes andlaundered tights will be placed at each ARTIST’S dressing area.The EMPLOYER shall supply each ARTIST with wigs, beards, hair pieces and/orcostume jewelry that is required by the EMPLOYER to be worn by the ARTISTin any dance piece as well as socks necessitated by the costumes, which are to beavailable to the ARTIST no later than one-half (1/2) hour prior to theperformance.ARTIST, upon signing a Standard Artist’s Contract for Employment, agrees tosubmit to EMPLOYER in writing his/her requirement for ballet shoes, includingsize, brand and special order, and EMPLOYER agrees to place a requested order.ARTIST may change shoe order by resubmitting a written request to theEMPLOYER. However, ARTIST must first use up all shoes from the previousorder before using shoes from the new order. Orders are placed for three (3)34

months of shoes at one time. All incorrect or defective shoe orders, as deemed bythe ARTIST, will be returned to manufacturer.(j)(k)(l)In the event an ARTIST is requested to utilize his/her own wardrobe (i.e. streetclothes, not dance clothes) for rehearsals and performances, EMPLOYER agreesto compensate each ARTIST five dollars ($5) per dress rehearsal and perperformance in addition to any liability for damaged garments up to the value ofthe purchase price of such item.Character skirts and practice tutus will be issued by the EMPLOYER forrehearsals at the discretion of the Artistic Staff and/or choreographers. Whenactual costume is not available, EMPLOYER shall supply similar attire whenrequested by the Artistic Staff or choreographers. All items shall remain theproperty of the EMPLOYER. Requests made by the ARTISTS for use of suchskirts or tutus shall not be unreasonably denied.Employer shall arrange for full-time storage of theater cases which will be madeavailable to ARTISTS on a reasonable basis.41. COSTUME FITTINGS(a)EMPLOYER is hereby granted time for costume fittings that shall not be countedtoward hours worked in a day or in a week under the following limitations andconditions:1. Up to one (1) hour of costume fittings for a new dance piece; and2. Up to 30 minutes for any other dance piece;3. Such fittings are per ARTIST and may be counted in fifteen (15) minuteincrements;4. Fittings may only occur during work span and shall not infringe upon anyrest time;5. Any infringement on rest time, or a fourth consecutive hour or more, shallbe compensated at the Double-Time Rate in half hour increments.(b)(c)Any additional hours or fraction thereof spent by the ARTIST for costume fittingsin excess of those provided for above shall be considered rehearsal time andcredited and/or compensated accordingly. Costume fittings may be called,counted and compensated for in fifteen (15) minute increments.If the ARTIST is called for a costume fitting on the ARTIST’S Free Day, suchcall will be for not less than two (2) hours for which the ARTIST shall be35

compensated at the Double Time Rate. Any time in excess of two hours shall becompensated in half hour increments.(d)No costume fitting shall be permitted on a two (2) performance day, unless theARTIST is compensated at the Overtime Rate with a one (1) hour minimum callguaranteed. This shall be waived if such costume fitting is due to an emergencycast change which requires costume adjustments and rehearsal.42. FILMING, BROADCASTING, TELEVISION, ETC.Except as provided herein the EMPLOYER shall not videotape, film, broadcast, record ortelevise, including marketing of video cassettes and/or in-theater closed circuit television, anyperformances, rehearsals, concerts or engagements in which the ARTIST appears by wire,wireless, radio, telephone wireless process or any motion picture, recording, mechanical,electrical or telephone device now in use or hereafter developed or any combination of suchdevices; AGMA, however shall consider the request of the EMPLOYER, for a waiver of theforegoing provision, submitted in advance to AGMA in writing and the granting of such waivershall not be unreasonably withheld. EMPLOYER agrees to notify ARTIST as soon as suchwaiver is granted by AGMA. If EMPLOYER intends to use any such ARTIST work product forcommercial purposes, theatrical exhibition or any purpose other than specifically provided forherein, EMPLOYER agrees to negotiate with AGMA the terms and conditions thereof. In theevent EMPLOYER violates this provision the ARTISTS shall be compensated at no less than theapplicable SAG/AFTRA rates and conditions. Nothing herein shall operate to relieve theEMPLOYER of ultimate responsibility for the safe keeping of such work product and for theproper use thereof as provided in this Agreement, except as provided for in (a)(4) below.Wherever the terms “recording,” “film” or “video tape” or derivatives thereof are used it isunderstood to include any other method or products of capture such as “CD’s” or “DVD’s.”The foregoing notwithstanding, AGMA agrees that:(a)EMPLOYER may make archival/study films under the following conditions:1. At least twenty-four (24) hours’ advance written notice must be given tothe ARTISTS prior to actual filming/taping of in-studio rehearsals.2. When recording is done during a rehearsal or performance, no additionalcompensation will be paid to the ARTIST(S) except when Overtime orother penalties are payable under provisions of this Agreement.3. Study films may be used exclusively for the purpose of recreating,restaging, restudying and recording choreography, and are to be usedstrictly as a record by the EMPLOYER and the choreographer or his/herauthorized stager only. ARTISTS’ requests to review archival tapes shallnot be unreasonably denied.4. EMPLOYER shall make available to ARTISTS, through a check-in/outlibrary system, copies of performance and rehearsal recordings.36

Furthermore, ARTISTS agree that no duplication of such EMPLOYER’srecordings may occur.(b)EMPLOYER may cause or allow a television news crew to film or tape a portionof a rehearsal or a performance for television news release under the followingconditions:1. AGMA and the EMPLOYER recognize that such filming occurs regularlyeach season and for most every repertory production. Therefore theEMPLOYER shall request the written consent from each ARTIST forsuch filming when the ARTIST is offered the Standard Artists Contractfor Employment, and such consent shall not be unreasonably withheldThe ARTISTS’ written consent will be filed at the AGMA office togetherwith the completed Standard Artists’ Contracts for Employment as perParagraph 4 - Individual Employment Contract.2. At least twenty-four (24) hours’ advance written notice must be given tothe ARTISTS prior to actual filming/taping.3. News media video tapes may be created and broadcast on news programs,including magazine-type and entertainment programs, newsdocumentaries and the like, provided that the total airtime does not exceedfifteen (15) minutes and no ballet is broadcast in its entirety. TheEMPLOYER may request, and AGMA will not unreasonably withhold ordeny, a waiver of the foregoing provisions for specific projects.EMPLOYER may use copies of such videotapes for promotionalpurposes.4. Except as otherwise provided for in this Agreement (forovertime/premium situations defined elsewhere in this Agreement) nopremium payments for the ARTISTS shall be required provided nopremium payments are made to any other personnel employed by theEMPLOYER during the production of this videotape.(c)EMPLOYER may create, distribute, play and broadcast or allow the creation,distribution, playing and/or broadcast of videotapes promoting the EMPLOYERand the EMPLOYER’S performances under the following conditions:1. The ARTIST’s prior written consent must be filed at the AGMA office, asper paragraph (b) (1) above.2. At least twenty-four (24) hours advance written notice must be given tothe ARTISTS prior to actual filming/taping.3. Videotaping for promotional tapes may take place during a regularrehearsal, performance or a call specifically for the purposes of such37

taping provided that all time involved in such taping shall be considered“called time” and the provisions of this Agreement relative torehearsal/performance conditions, hours available and rest breaks shallapply.4. Promotional videotapes may be distributed, played and broadcast withoutrestriction provided the total airtime for any one ARTIST does not exceedthree (3) minutes and no ballet is shown in its entirety. The EMPLOYERmay request and AGMA will not unreasonably withhold or deny a waiverof the foregoing provision for specific projects.5. Except as otherwise provided for in this Agreement (forovertime/premium situations defined elsewhere in this Agreement) nopremium payments for the ARTISTS shall be required provided nopremium payments are made to any other personnel employed by theEMPLOYER during the production of this videotape.(d)EMPLOYER may transmit, or allow to be transmitted, the performance in realtime via closed circuit television only to various locations in the theater where theperformance is occurring for purposes such as allowing “latecomers” to view theperformance until they can be seated and for cueing. [See first unletteredparagraph in this Paragraph 42.]43. PHOTOGRAPHY(a)(b)(c)(d)No photo calls shall be permitted on a two (2) performance day, unless theARTIST is compensated at the Overtime Rate with a one (1) hour minimum callguaranteed.The EMPLOYER agrees that if it shall require any ARTIST to pose forphotographs of regular dance pieces for the purpose of publicizing and advertisingperformances of the EMPLOYER, that ARTIST shall receive notice at leasttwenty-four (24) hours in advance when the scheduling is in the EMPLOYER’Scontrol, or by 6 PM the night before, if the scheduling is not in theEMPLOYER’S control. Such photography, including preparation and waitingtime, shall be credited as hours worked and subject to rehearsal limitations andconditions.If the ARTIST is required to pose for photographs on the ARTIST’S Free Day,such call will be for not less than two (2) hours for which the ARTIST shall becompensated at the Double Time Rate and any time thereafter shall becompensated in half (1/2) hour increments.Individual pictures used in souvenir booklets shall be mutually acceptable to theARTIST and the EMPLOYER. ARTISTS’ names shall appear along with all soloand duo photos on EMPLOYER brochures and publicity materials.38

(e)(f)(g)(h)(i)(j)(k)(l)All photos which are used for publicity purposes in any document which is solelyunder the EMPLOYER’S control which feature two (2) ARTISTS or less must beapproved by the ARTISTS involved and shall carry the line: “Please creditDancers - (Dancers’ names)”. If ARTISTS fail to show-up upon request toapprove photographs, EMPLOYER shall consider said photographs approvedwithout the consent of the ARTIST. If violated ARTIST shall receive twenty-five($25.00) Dollars. If, after the conclusion of 2007-2008 2010-2011 performingseason, there is no such violation, AGMA agrees to remove the twenty five dollar($25) payment for the remaining two performing seasons of the Agreement.Photographs or other reproducible likenesses of ARTISTS paid for by theEMPLOYER may be used on promotional items offered for sale to the publicwhich promote the name of the EMPLOYER, the name of the ARTIST or the artform of dance. Such items or likenesses may not be licensed to third partieswithout prior written consent of ARTISTS.All ARTISTS shall have the right of approval of individual photographs ofthemselves (and any accompanying biographical sketch) used by theEMPLOYER in the EMPLOYER’S souvenir program.It is agreed that photographing, including waiting time, make-up time and travel,originating from the EMPLOYER’S studios or theatre incidental thereto, will becounted as rehearsal time and, if applicable, the appropriate Overtime or DoubleTime Rate shall be paid to the ARTISTS.Unless ARTISTS are notified on official company callboard pertaining to“official photographers”, twenty four (24) hours in advance when the schedulingis in the EMPLOYER’S control, or by 6 PM the night before, if the scheduling isnot in the EMPLOYER’S control, under no circumstances will photographers bepermitted on stage, in the wings or any corridors leading to the stage. Thisprohibition shall apply in all theaters where the ARTISTS perform.The EMPLOYER agrees to use the form hereinafter referred to as Exhibit “1” inorder to protect the rights of the ARTISTS and the EMPLOYER.The EMPLOYER agrees to enter into an agreement with photographers regardingthe taking of photographs of ARTISTS with the intent of protecting the rights ofthe EMPLOYER and the ARTISTS.A sign up sheet will be posted with times for ARTISTS to review and approvephotographs. ARTISTS will not unreasonably withhold approval of photographsfor use by EMPLOYER.39

44. PUBLICITY(a)(b)While ARTISTS are under contract all publicity is controlled by theEMPLOYER. ARTISTS shall cooperate by providing publicity information to theEMPLOYER. ARTISTS shall not communicate with the media about workrelated subject matter without coordinating with the EMPLOYER.EMPLOYER may not release ARTIST contact information without ARTISTconsent.45. TRANSPORTATION - GENERAL PROVISIONS(a)(b)(c)(d)The EMPLOYER shall submit to AGMA and to the AGMA delegates theproposed itinerary of any tour, and shall submit in writing to AGMA a statementconcerning the proposed method of transportation to be used during the tour. Bothsuch reports shall be submitted at least thirty (30) days preceding the first (1st)day of any tour. Two (2) copies of the tour itinerary will be made available toeach ARTIST not later than two (2) weeks prior to the commencement of the tour.Any additions or changes in the itinerary must be announced to the ARTISTS atleast one (1) week in advance of such change, or as soon as such information isavailable.No ARTIST shall leave the City Of Origination for work outside said city unlessthe EMPLOYER, prior to the ARTIST’S departure therefrom, has provided andpaid for his transportation and his baggage in accordance with the foregoingprovisions, including return transportation back to the City of Origination and canprovide proof thereof to AGMA. AGMA reserves the right to set up other termsand conditions for granting permission to the EMPLOYER to take any ARTISTSfor an engagement, series of engagements or tours outside of the United States ofAmerica, as AGMA deems necessary to insure the safe transportation and returnof the ARTIST and as provided for in the standard Overseas Rider attachedhereto.The EMPLOYER agrees to compile a listing of doctors and physical therapists(suitable for treating the types of strain-injury usually sustained by dancers) ineach city and town in which the Colorado Ballet is scheduled to perform. The listshall be posted on the tour schedule together with all other necessary information(i.e. banks). The EMPLOYER and AGMA assume no responsibility or liabilityfor the information provided to the ARTISTS. It is the sole responsibility of theARTIST to ascertain the proper credentials of any person so stated on thisinformation sheet.Whenever any ARTIST shall work for the EMPLOYER outside the City ofOrigination, the EMPLOYER shall provide and pay for the transportation of suchARTIST from the City of Origination to such point or points outside and theARTIST’s return transportation to the City of Origination. However, any40

ARTIST who chooses to travel and find accommodations separate from thoseprovided for the main group by the EMPLOYER will be responsible for their owntransfers and additional/other travel to and from rehearsal and performancevenues and transportation depots (airports, train stations, bus stations, etc.).(e)(f)(g)(h)(i)The EMPLOYER also agrees to pay, upon presentation of receipts, alltransportation charges which may be required of the ARTIST by the EMPLOYERduring the course of a trip, such as taxi fares between terminals, etc. and alsotransportation expenses incurred for doctor or emergency due to illness or injuryon tour.Personal Baggage - The EMPLOYER shall provide and pay for the transportationof the ARTIST’s personal baggage to such outside point or points and return tothe City of Origination up to the maximum limit provided by carriers for travel inthe United States, and the EMPLOYER or the carrier shall be liable for any lossto the ARTIST on account of loss or damage to such baggage (ordinary wear andtear excepted) while in transit if the ARTIST shall have provided a suitablecontainer therefore, but not in excess of One Thousand Dollars ($1,000.00) foreach ARTIST. While on tour, whether inside or outside the United States,personal baggage must be available to the ARTIST on a reasonable basis.Transportation to places of Performance or Rehearsal - The EMPLOYER agreesthat in the event that the ARTIST, while on tour, shall be required to perform orrehearse in any location further than one-half (1/2) mile from the hotel, then busor similar transportation to and from such place shall be provided for allARTISTS by the EMPLOYER at its own expense. If the ARTIST is scheduled forrehearsal outside the theater of performance, the EMPLOYER will grant theARTIST sufficient time to allow the ARTIST travel time to reach the theater ofperformance in addition to the time requirements of Paragraph 27 (e). In the eventof inclement weather, or if the route between the hotel and the theater is mutuallydeemed by the AGMA delegate and the EMPLOYER to be unsafe, a bus shall beavailable to ARTISTS one-half (1/2) hour after Curtain Time to providetransportation to the hotel. Similarly, if there are no eating accommodationsavailable, the EMPLOYER shall make provisions to transport ARTISTS to andfrom a restaurant or provide service of food.Travel on a Free Day - Whenever the EMPLOYER requires that the ARTISTtravel on a Free Day, the ARTIST will be paid at the Free Day Rate provided inParagraph 15 (o), unless an alternate Free Day can be mutually agreed upon.Travel between Midnight and 8:00 A.M. - Whenever transportation is scheduledto commence or to conclude between the hours of midnight and 8:00 A.M. theARTIST shall receive additional compensation of the hourly Double Time Ratefor each half hour or fraction thereof of time traveled. In addition to any overtimeincurred while traveling after midnight, there must be a nine (9) hour rest periodfor sleeping, after arrival at destination, prior to any next call. EMPLOYER shall41

make best efforts not to schedule transportation between the hours of midnightand 9:00 A.M. on the morning following an evening performance.AGMA agrees that it shall waive the provisions of this sub-paragraph (i) provided that theEMPLOYER submits to AGMA, two (2) weeks prior to any contemplated travel during thehours circumscribed above, a schedule of public transportation which proves that there is noavailable transport which leaving after 8:00 A.M. or arriving before midnight would fulfill all thecustomary conditions of travel by the EMPLOYER.(j)(k)(l)(m)(n)(o)Method of Transportation - Where railroad, boat, bus, car and/or airplanetransportation is used, the special provisions set forth under Paragraphs 48, 49, 50and 51, respectively shall be applicable.Theater Cases, see Paragraphs 40 (f).The EMPLOYER, AGMA and the Colorado Ballet Dancers’ Committee willmeet in a timely manner to discuss and resolve any and all touring circumstancesat least two (2) weeks prior to departure.It is further agreed that on tour the two (2) hours Rest Time interval prior to aperformance may include class/warm-up at the EMPLOYER’s discretion due totime constraints.The EMPLOYER shall not infringe upon the allotted Rest Time after a travel call.Prior to the first scheduled rehearsal, ARTIST’S use of Rest Time for class orpersonal warm-up may not be infringed upon (e.g. for costume fittings).Hotels - The EMPLOYER agrees to provide and pay for hotel rooms, includingtaxes for all ARTISTS, on double occupancy basis. It is understood that doubleoccupancy means that if two (2) unmarried persons are sharing the room two (2)separate beds must be provided. If appropriate pairing cannot be achieved,EMPLOYER will recognize up to three (3) singles, to include at least one (1) manand one (1) woman. EMPLOYER shall make every reasonable effort toaccommodate ARTISTS requests for choosing his or her roommate when sharingrooms.ARTISTS will be responsible for the payment of all hotel costs beyond the basic room rate andtaxes. EMPLOYER will provide ARTISTS with hotel information five (5) weeks prior to tour.Any changes to hotel information that occur will be provided no later than two weeks prior todeparture for tour. Any ARTIST who notifies the EMPLOYER within one (1) week after theEMPLOYER has provided hotel information the schedules are announced that he or she does notwish to stay in the designated hotel or hotels, shall receive the cash equivalency in an equalamount to one-half (1/2) the double-room rate plus taxes in the designated hotel, in addition tothe meal allowance as follows:42

(p) On any day in which the ARTIST is required to be more than twenty five (25)miles from the in-city departure point:2009/2010 2010-2011 2011-2012 2012-2013Breakfast: prior $10 $10 $10 $10to 9:00 AMLunch: Noon to $17 $17 $17 $173:00 PMDinner: after $27 $27 $27 $276:00 PMTotal Day $54 $54 $54 $54In the event AGMA determines that the per diem is not adequate for a specific tour or portion ofa tour, based on hotel and restaurant information, Colorado Ballet will meet with AGMA todiscuss an adjusted per diem rate or acceptable alternatives.All ARTISTS, either weekly and/or per performance, shall receive per diem and/or meal moneytwo (2) business days prior to departure.The EMPLOYER shall pay all ARTISTS the appropriate meal money allowance whether or notthe airline provides meal service or snacks.(q)International Per Diem – All foreign meal money shall be separately negotiated inthe standard Overseas Rider. For the purposes of such negotiation AGMA shallrespond to the EMPLOYER’s proposed per diem amount for foreign tours and thebasis for that amount (e.g. hotel and local restaurant menus) within thirty (30)days of EMPLOYER’S submission of such information, submission shall beaccompanied by the approximate dates and destinations of such tours.EMPLOYER and AGMA agree to use their best efforts to reach an agreement tothe terms of such Overseas Rider as expeditiously as possible.46. NON CITIZENSThe following provisions shall apply only to non-citizens of the United States who have been inthis country less than five (5) years or who have made application for United States citizenship.The EMPLOYER agrees that where the EMPLOYER enters into a contract with an ARTISTwho is not a citizen of the United States and who has so warranted in his individual contract,then the EMPLOYER may exercise his right to suspend payment to the ARTIST of theARTIST’s compensation of a pro rata basis for each performance which the ARTIST is unable tofulfill due to the sole fact that the ARTIST is unable to leave the United States and perform in aforeign country because of his lack of citizenship. Where the EMPLOYER so exercises his rightto suspend payment, then the EMPLOYER shall pay per diem to the ARTIST for each daypayment is suspended.43

47. SUSTENANCE PAYMENT DURING TRAVELIf an ARTIST under any type of employment contract is required to travel or be outside the Cityof Origination at any time during the week which is neither a Rehearsal Week nor a PerformanceWeek, he shall be paid not less than the applicable per diem for each day (beginning at midnightand ending the following midnight) or part thereof, and EMPLOYER will provide and pay forhotel accommodations. Overseas and/or foreign per diem shall be negotiated and contracted on aseparate Overseas Rider.48. RAILROAD TRAVEL, CONDITIONS OF(a)(b)Pullman Berth to be provided - In the event that railroad transportation or any partthereof shall take place between the hours of midnight and 8:00 A.M., theEMPLOYER shall provide an individual Pullman berth for each of the ARTISTS.Where the circumstances set forth in the preceding sentence do not occur, then theARTIST shall receive the difference in money between the fare actually paid bythe EMPLOYER for the ARTIST and the cost of such individual Pullmansleeping berth.Coach Seats - The EMPLOYER shall provide for each ARTIST regular seatingfacilities in any train where such transportation is by coach service.49. BOAT TRAVELWhere transportation can only be provided for by boat, the accommodations for the ARTISTshall be what is commonly termed “Tourist” passage or better. In the event that any boat does nothave “Tourist” passage, the accommodations shall be such passage as is comparable to what iscommonly termed “Tourist” passage or better.50. BUS TRAVEL, CONDITIONS OF(a)ARTISTS required to travel more than ten (10) hours in one (1) day shall becompensated at the Travel Overtime Rate in one-half (1/2) hour segments.ARTISTS required to rehearse or perform after the 8th hour of required service ona travel day shall be compensated at the Double Time Rate in one hour incrementsfor all such time in excess of eight (8) hours. Travel will be counted from baggagecall to arrival location, such time to include lunch stops and rest stops. Baggagecall may be prior to 8:00 AM without penalty. EMPLOYER will not beresponsible for payment of the overtime travel penalty contained in this Paragraphif the excess travel time was due to inclement weather, mechanical failure, trafficaccidents, or delay caused by ARTIST.(b) Between arrival and the next scheduled rehearsal there shall be a full three (3)hour rest period, however, in the last ninety (90) minutes class may take place. Ifthe EMPLOYER shall violate the provisions in this paragraph, the EMPLOYERagrees to compensate each ARTIST at the hourly Double Time Rate for each hour44

or fraction thereof for each such violation. When traveling from the City ofOrigination, but not staying overnight, the time requirements pursuant toParagraph 27 (e) shall apply.(c)(d)(e)(f)(g)Proof of Insurance - The EMPLOYER agrees to submit proof to AGMA, inwriting, that the carrier company carries liability insurance of a minimum of ONEHUNDRED THOUSAND ($100,000) DOLLARS for each ARTIST engaging intravel. Proof of such insurance will be posted on the company bulletin board two(2) weeks prior to the commencement of any travel by bus.EMPLOYER agrees that transportation by bus shall be subject to the followingrequirement – All busses shall be first class buses with heating and ventilatingfacilities in working order and with toilet facility when the trip is to exceed one(1) hour. If a bus needs to be replaced it will be replaced with a bus of no lesserstandard than described herein.Lunch Stop and Rest Stops - The EMPLOYER agrees that where an ARTIST isrequired to travel by means of bus, the ARTIST will have a lunch stop of fortyfive(45) minutes after approximately four (4) hours of travel and a rest stop of atleast ten (10) minutes after each period of approximately two (2) hours of travel.All buses will be non-smoking.Should the ARTISTS not receive a full forty-five minute lunch stop, ARTISTSshall be compensated at the Travel Overtime Rate.51. AIRPLANE TRAVEL, CONDITIONS OF(a)(b)(c)In the event the EMPLOYER chooses to transport the ARTISTS by airplane,AGMA will approve flights upon regularly scheduled airlines which are FAA andIATA approved.The EMPLOYER agrees to ensure that Workers’ Compensation will coverARTIST for no less than fifty thousand dollars ($50,000) for any travel that iswork related.Air travel shall be timed from the time of baggage call until arrival at destinationhotel and is to include all waiting time at terminals as well as limousine transittime at both ends of the flight. The same applies returning to City of Originationand includes all delays at terminals, limousine transport, etc. Baggage call maybe prior to 8:00 AM without penalty.The EMPLOYER will not be responsible for payment of the Overtime Travel penalty containedin this paragraph if the excess travel time was due to inclement weather, mechanical failure, ordelay in departure or landing of the aircraft over which the EMPLOYER has no control.45

(d)(e)(f)The EMPLOYER agrees that in all cases where it is necessary for ARTISTS totravel between airport terminals and airports, the EMPLOYER will arrange forand pay for the transportation of the ARTIST between city, airport terminals andairports unless ARTIST chooses not to travel with the group.Should departure by airplane be delayed due to any conditions, adequateaccommodations shall be provided for all ARTISTS including hotel roomsbetween 12:01 A.M. and 8:00 A.M. in convenient nearby hotel(s) where the entirecompany can be assembled for the flight simultaneously, unless suchaccommodations are not available.When a flight is chartered by the EMPLOYER, the make-up kits and practiceclothes will, whenever possible, be carried on the same plane as the ARTISTS.Scenery and other equipment will not be carried in the passenger section of theplane if it is of a nature and size that will cause discomfort to or endanger theARTISTS.(g) Between arrival and the next scheduled rehearsal there shall be a full three (3)hour rest period, however, in the last ninety (90) minutes class may take place.The time off will be counted from the time of arrival at hotel. If the ARTIST iscalled upon to perform any services for the EMPLOYER during the establishedRest Time following flight, the ARTIST shall be paid at the Double Time Rate foreach half-hour (1/2) or part thereof that the Rest Time is violated.(i)ARTISTS required to travel, rehearse and/or perform more than ten (10) hours inone (1) day shall be compensated at the Travel Overtime Rate in one-half (1/2)hour segments. ARTISTS required to rehearse or to perform after the eighth (8th)hour of required service on a travel day shall be compensated at the OvertimeRate.52. AGMA RETIREMENT AND HEALTH (MEDICAL COVERAGE) FUNDS(a)Retirement1. ARTISTS shall be entitled to participate in any annuity plan or otherretirement plan the EMPLOYER offers to other Employees of theColorado Ballet. Should an ARTIST choose to so participate, theEMPLOYER will contribute up to 1 ½ % of the gross weeklycompensation on behalf of each ARTIST who contributes 1 ½ % or moreto the Employer Plan.2. These contributions are to begin with the first date of employment underthis Agreement. Per Diem and meal money shall not be computed as partof the gross weekly compensation.46

(b)The EMPLOYER agrees to contribute to a health care plan (no less than thepresent level of coverage as of July 2010) as follows:1. EMPLOYER will contribute to Health Benefit premiums for eachARTIST employed on an Annual Employment Basis who elects theColorado Ballet Health Plan and is under contract with the EMPLOYER.2. EMPLOYER will contribute 75% of the premium for each ARTIST(e.g. July 2010 contributions: EMPLOYER - $259.13; ARTIST - $86.38).3. EMPLOYER will contribute 25% of premium for spouse or familycoverage.4. EMPLOYER will contribute Health Benefit premiums for IndividualCoverage for the full Contract Period of Employment for each ARTISTemployed on an Annual Employment basis, beginning from their first dateof employment except as follows:• Any ARTIST who commences work with Colorado Ballet eleven (11) totwenty one (21) weeks after the start of the season and does not return toColorado Ballet is eligible for coverage under these terms for an additionaltwo months after the end date of the last Season for which he/she isemployed. [See Paragraph 16 – Annual Employment]• Any ARTIST who commences work with Colorado Ballet twenty two (22)weeks after the start of the season and does not return to Colorado Ballet iseligible for coverage under these terms for an additional one month afterthe end date of the last Season for which he/she is employed. [SeeParagraph 16 – Annual Employment]5. Should the cost of the Health Benefit premium increase by over 10%, theEMPLOYER reserves the right to adjust the Health Benefit plan in orderto contain costs for EMPOYER and ARTIST. However, EMPLOYERwill notify AGMA in writing prior to making any changes of its intent todo so and will meet with AGMA Delegates to discuss the different optionsbefore changes are made.6. Should an ARTIST leave for any reason before the end of his or herContract Period of Employment, the ARTIST ceases to qualify forcontinued Health Benefit coverage except as required by law (COBRA).53. SICK LEAVE - PERSONAL DAYS - PREGNANCY/MATERNITY LEAVE -LEAVE OF ABSENCE(a)General47

1. In the event the EMPLOYER is required to comply with the ColoradoState Disability Benefit Law, any disability benefits accruing to theARTIST under such law shall be in addition to the payments theEMPLOYER is required to make pursuant to sub-paragraph (b) and (d)(1)of this Paragraph 53.2. The EMPLOYER may demand a certificate of a doctor as to the illness ofthe ARTIST, and an examination by a doctor designated and paid by theEMPLOYER, as a condition precedent to sick-leave or disability payunder sub paragraphs (b) and (d)(1) of this Paragraph 53.3. The EMPLOYER will not raise as a defense in litigation brought by theARTIST, with reference to any claim he/she may have under anyWorkers’ Compensation Law or for negligence or otherwise, anyWorker’s Compensation provisions of this Paragraph 53.4. EMPLOYER acknowledges all terms and conditions of the Family andMedical Leave Act of 1993 and the terms and conditions of such act shallprevail in the event that they are more favorable to the ARTIST than thoseset forth herein.5. In the event an illness or injury occurs while on tour, EMPLOYER shallprovide return transportation to Denver, CO.(b)Sick Leave1. All ARTISTS on an Annual Employment Contract shall receive twentyone(21) sick days per contract year.2. Sick leave pay shall be coordinated with Disability Insurance and only theamount of salary paid by the EMPLOYER shall be charged against theARTIST’s sick leave.3. In each contract year, ARTIST may carry over a maximum of three (3)unused sick days.4. Notwithstanding any provision contained in this Paragraph 53, theEMPLOYER agrees that where the cause of the ARTIST’s absence is anyinjury or illness received during the course of any ARTIST activity, he/sheshall be entitled to sick leave (whether separate, or partly or whollycontinuous) with full pay for not less than twenty-one (21) working daysduring the term of his/her Contract.5. Upon application to the EMPLOYER, a female DANCER shall beexcused for not less than one (1) full day during her menstrual period,which day shall not be deemed Sick Leave or a Personal Day.48

(c)Personal Days1. Any ARTIST who is employed on an Annual Employment Contract maydesignate up to three (3) of the sick days provided in Paragraph 53(b)(1)as Personal Days.2. Except in the case of bereavement, an ARTIST using Personal Day(s)shall notify the EMPLOYER fourteen (14) calendar days in advance of thePersonal Day(s). All notification shall be in writing and submitted to theEMPLOYER’S Artistic Department, but does not have to state the reasonfor the request, unless it is for “guesting” purposes, in which case it isunderstood that the ARTIST must also execute the appropriate WorkersCompensation release form [see “Exhibit 3”]. The EMPLOYER’S ArtisticDepartment shall have discretion on the granting of all Personal Daysrequested to be taken the final rehearsal week before Tech week, duringperformance weeks and Tech weeks.3. Bereavement - In the event of a death in the immediate family, ARTISTSshall be granted up to three (3) days leave without the loss ofcompensation. ARTISTS may elect to use personal leave for the purposeof bereavement beyond the three (3) days guaranteed with this Paragraphsubject to the conditions regarding Personal Days found in this Paragraph53.(d)Medical Leaves of Absence - When an inability to perform is the result of majorillness, injury, pregnancy or childbirth, the ARTIST shall be entitled to a leave ofabsence with the following conditions:1. Paid LeaveSee EMPLOYER Appendix E2. Unpaid Leave• Pregnancy and non Work-Related Injuries - Where the inability to performis a result of pregnancy or childbirth, in addition to paid sick leave anddisability leave as provided for in this Paragraph 53, the ARTIST shall beentitled to an unpaid leave of absence provided that the ARTIST, inconsultation with ARTIST’s physician, requests an unpaid leave of up tosix (6) months.• Work-Related Injuries - Where the inability to perform is due to workrelatedinjury or illness, in addition to paid sick leave as provided for inParagraph 53(d)(1) above, the ARTIST will be entitled to an unpaid leaveof absence provided the ARTIST requests the leave and the ARTIST’s49

treating physician provides written recommendation for the leave. Suchleave shall not exceed six (6) calendar months, after which time theEMPLOYER shall not be obligated to continue the ARTIST’semployment.3. Return from Leave - ARTIST shall resume work without loss of seniorityor rank upon written medical release from his/her physician. Upon returnto work the Artistic Director shall determine when the ARTIST is capableof performance at the ARTIST’s level of performance prior to the leave ofabsence.4. Health Benefits - The EMPLOYER will continue EMPLOYER’spercentage of health fund contributions for the ARTIST during suchleaves of absence.(e)(f)Alternative Work - An ARTIST who is physically unable to perform his/herregular Artist Activities shall, at his/her request, be provided with alternativeduties consistent with the ARTIST’s medical restrictions, if such work isavailable, to the extent required by and in accordance with the applicable state andfederal law.Except in cases of emergency, ARTIST shall inform EMPLOYER as soon aspossible, but in any event not later than 11:00 am, on any day that ARTIST, dueto illness, injury or other unforeseen circumstance, will be unable to attend anyrehearsal for which he or she is called that day.54. ADMITTANCE OF AGMA REPRESENTATIVE ON THE EMPLOYER’SPREMISESWith adequate and appropriate notice, any officer or other duly authorized representative ofAGMA shall be admitted to the premises of the EMPLOYER, or such other place where theColorado Ballet is working, and the EMPLOYER agrees to cooperate with such representative indealing with all matters pertaining to the official business of AGMA.55. SOCIAL SECURITY, WORKER’S COMPENSATION INSURANCE ANDUNEMPLOYMENT INSURANCE(a)The EMPLOYER must carry at its expense adequate Worker’s CompensationInsurance, securing to all of the ARTISTS, wherever they may work for theEMPLOYER, compensation for disability or death from injury arising out of andin the course of their employment without regard to fault as a cause of the injury,except that there shall be no liability for compensation when the injury has beensolely occasioned by intoxication of the injured ARTIST while on duty, or bywillful intention of the injured ARTIST to bring about the injury or death tohimself or another.50

1. At any time during an ARTIST’S period of employment withEMPLOYER other than a lay-off period, ARTIST shall not perform anyengagement outside his/her Contract with EMPLOYER without firstentering into a release agreement with EMPLOYER, and without firstsigning a worker’s compensation acknowledgment, which shall besubstantially in the forms set forth in Exhibit 3.2. During any period in which ARTIST is on lay-off, ARTIST shall notperform any engagement outside his/her Standard Artist’s Contract forEmployment with EMPLOYER without first signing a worker’scompensation acknowledgement, which shall be substantially in the formset forth in Exhibit 3.(b)(c)(d)(e)The EMPLOYER agrees to obtain coverage for all ARTISTS employedhereunder as permitted under the Colorado Unemployment Insurance Law.The EMPLOYER agrees to cover all ARTISTS herein under the Social Securitylaws of the United States and to execute and file the necessary forms required toobtain such coverage and, thereafter, as required by the laws, to make the propercontributions under the terms of the laws.The contribution made by the EMPLOYER for Unemployment Insurance orSocial Security tax purposes shall be based upon the compensation provided for inthe Contract or the actual gross compensation paid to the ARTIST, whichevershall be greater. No reference shall be made to amounts declared as exempt forFederal Income Tax Withholding purpose in determining what constitutes grosscompensation for purposes of Unemployment Insurance and Social Security.The EMPLOYER shall disclose to AGMA evidence of the EMPLOYER’Scompliance with the provisions of this paragraph.56. FORCE MAJEUREThis Agreement and every contract entered into between the EMPLOYER and any ARTISTshall be deemed to contain the following provisions:“It is agreed that if by reason of fire, accident, strike or collective refusal to work bymembers of any union employed by the Colorado Ballet, riot, Act of God, epidemic, war,the public enemy, or for any other cause of the same general class, the EMPLOYER isunable to conduct, or shall find itself compelled to cancel its scheduled rehearsals orperformances of any of them (the foregoing being referred to as a “condition of forcemajeure”), the EMPLOYER may notify the ARTIST thereof, in writing, and thereafterthe ARTIST (whether engaged on a Weekly or Per Performance Basis) shall not beentitled to compensation during the period of said condition of force majeure.Notwithstanding the foregoing, should such cancellation be due to inclement weather[such as in the case of a heavy snow storm where it is advised that citizens should not51

travel] such conditions shall not be considered force majeure and ARTISTS shall beentitled to compensation. If such condition and cancellation continues for more that threeconsecutive days, it shall from that point be considered a condition of force majeure.Should a condition of force majeure continue for a period of ten (10) days or more aftersuch notice to the ARTIST, either party may during said period of continuance terminatethis contract. The foregoing shall apply to any CONTRACT, whether or not ARTIST’Sservices thereunder have commenced at the time of the condition of force majeure. In theevent of such termination, the EMPLOYER will pay for all services rendered prior to theaforesaid condition of force majeure and transportation back to the City of Origination.Whether or not the Standard Artist’s Contract for Employment is terminated by eitherparty, the EMPLOYER shall pay to the ARTIST Eighty Dollars ($80.00) for any day forwhich the ARTIST is employed outside the City of Origin and did not receive hisindividual contractual compensation, but for not more than the period of ten (10) days asset forth above.”57. PARTIES BOUND BY THE AGREEMENTThis Agreement shall be known as the Basic Agreement and shall be binding upon and shallinure to the benefit of the signatories hereto. This Agreement shall obligate the EMPLOYER, butnot any trustee, officer, director, agent or employee thereof. This Agreement may not beassigned or transferred by either party without the prior written consent of the other party. Anypurported assignment or transfer in violation hereof shall be null and void.58. ARBITRATION OF STANDARD ARTISTS’ AGREEMENTEvery contract entered into between the EMPLOYER and any ARTIST during the term of thisAgreement shall be deemed to contain the following provision:“In the event that a dispute arises during the term of this Agreement regarding theinterpretation or enforcement of any sections of this Agreement, including thearbitrability of any issue arising hereunder, the EMPLOYER and AGMA agree to enterdiscussions with the intent to find a mutually agreeable and equitable solution. If theparties cannot resolve the conflict through these discussions, either party may file awritten grievance within thirty (30) calendar days after the date on which the aggrievedparty gave notice of the event or occurrence giving rise to the dispute. A grievance by theUnion or a member of the Union must be addressed in writing to the EMPLOYER’SCompany Manager or appropriate management representative(s). Within fourteen (14)calendar days of the filing of the grievance, or by a date agreed upon by both parties, theCompany Manager and/or appropriate management representative(s) shall meet with thedesignated union representative(s) or local dancers’ committee, in an attempt to resolvethe grievance. Within fourteen (14) calendar days after the grievance meeting, theresponding party will deliver to the grieving party its written response to the meeting. Ifthe dispute is not resolved by said written response, either party may give writtennotification no later than thirty (30) calendar days thereafter of its intent to arbitratebefore an impartial arbitrator selected under the rules and procedures of the FederalMediation and Conciliation Service (FMCS). An arbitration shall be held under theVoluntary Rules of Labor Arbitration of the FMCS on a date agreed to by the parties at a52

mutually acceptable location. The sole function of the arbitrator shall be to interpret theexpress provisions of this Agreement and apply them to the facts of the dispute orgrievance. The arbitrator shall have no power to change, amend, modify add to orotherwise alter this Agreement. The time limitations expressed in this procedure shall bestrictly enforced. The fees of the arbitrator shall be shared equally by the parties.Notwithstanding the previous sentence, if the arbitrator finds, after notice to the parties,that the demand for arbitration or a party’s position in the arbitration is either not wellgrounded in fact, or not warranted by existing law or by a good faith argument for theextension, modification or reversal of existing law, or interposed for any improperpurpose such as to harass or to cause unnecessary delay or expense, then the arbitratormay, as a sanction, require that party to pay all or part of the other party’s cost of thearbitration, including a reasonable attorney’s fee.”59. ARBITRATION OF BASIC AGREEMENTAny controversy or claim arising out of or relating to this contract or breach or interpretationthereof, including the arbitrability of any issue arising hereunder, shall be settled exclusively bythe grievance and arbitration procedure set forth in the quoted portions of Paragraph 58. Allarbitrations between the EMPLOYER and any ARTIST and/or between the EMPLOYER andAGMA shall take place in the EMPLOYER’S City of Origination.60. NOTICESOutside the City of Origination, all notices provided herein to be given to the ARTIST shall bedelivered to such ARTIST personally, provided the ARTIST has notified the EMPLOYER inwriting of the ARTIST’s place of residence in the city or town of the last performance of theEMPLOYER. Failing such notice by the ARTIST to the EMPLOYER, or if such ARTISTcannot be found either with the EMPLOYER or at such designated place of residence, suchnotice provided herein shall be given to the ARTIST by registered mail to his last known addressor to him in care of AGMA. EMPLOYER may also provide notice to the ARTIST via electronicmail (e-mail) provided both the EMPLOYER and the ARTIST are in agreement to do so. An e-mail message will not be understood to be read until an electronically written message, otherwritten correspondence or verbal reply is received by the EMPLOYER.61. EXPIRATIONThe term of this Agreement shall commence on July 1, 2010, and shall terminate on June 30,2013, subject to Paragraphs 72 and 73 below, provided that all contracts with ARTISTS whichexpire after that date shall be deemed subject to such new Agreement as may be entered intobetween AGMA and the EMPLOYER for the next or succeeding season.62. AUTHORITY OF SIGNATORIESMarie Belew Wheatley hereby warrants and represents that she has the requisite authority as anagent and representative of the EMPLOYER to sign this Agreement on behalf of, and to bind,the EMPLOYER. Likewise, Alan S. Gordon hereby warrants and represents that he has the53

equisite authority as an agent and representative of AGMA to sign this Agreement on behalf of,and to bind, AGMA.63. SEPARABILITYIf any provision of this Agreement shall be held invalid, it shall be deemed separable from theremainder of this Agreement, and it shall not affect the validity of any other provision thereof.64. NO WAIVER OF RIGHTSFailure of AGMA, the ARTIST, or the EMPLOYER to insist upon the strict enforcement of anyof the provisions of this Agreement shall not be deemed a waiver of any rights or remedies thatAGMA or the EMPLOYER may have and shall not be deemed a waiver of any subsequentbreach or default on the part of the EMPLOYER, the ARTIST, or AGMA.65. GOVERNING LAWIt is the intention of the parties that the validity, construction, performance, and application ofthis Agreement shall be governed exclusively by the laws of the state of Colorado, except, asmay otherwise be provided.66. DISCRIMINATION FORBIDDENAll terms and conditions of employment included in this Agreement shall be administered andapplied without regard to race, gender, sexual preference, creed, disability and/or national originexcept where bona fide occupational qualifications may, as recognized by the law of thejurisdiction, be shown to exist. The EMPLOYER shall not unlawfully discriminate against anyARTISTS because of his/her activities on behalf of AGMA.67. SEGREGATIONNo ARTIST will be required to appear in any theatre or place of performance wherediscrimination is practiced because of race, gender, color, creed, sexual preference or nationalorigin against any: (i) ARTIST or (ii) patron, as to admission or seating arrangement.68. INDEMNIFICATIONThe EMPLOYER retains the exclusive responsibility to provide a safe and healthful workplace,and is exclusively liable under its Workers’ Compensation Insurance Policy and indemnifies andholds AGMA harmless in the event of job-related injuries, illnesses or deaths which comethereunder.69. DRUG FREE WORKPLACE(a)The EMPLOYER has the right to require a test of an ARTIST for the existence ofdrugs in the ARTIST’s body or for excessive blood alcohol content if the54

EMPLOYER has reasonable suspicion that the ARTIST may be under theinfluence of a drug or alcohol while either working for the EMPLOYER or on theEMPLOYER’s premise, or as required by any federal, state or local jurisdiction.If any ARTIST refuses to take a drug or blood alcohol test required by theEMPLOYER, the ARTIST shall be subject to termination.(b)If prior to any incident bringing cause for the EMPLOYER to request an ARTISTto take a drug or blood alcohol test, the ARTIST voluntarily approaches theEMPLOYER and indicates he/she has a drug or alcohol problem, theEMPLOYER will assist the ARTIST in enrolling in a drug and alcoholrehabilitation program.70. PARAGRAPH HEADINGSParagraph headings are inserted in this Agreement for convenience only and are not to be usedfor interpreting this Agreement.71. PROGRAM CREDIT TO AGMAThe EMPLOYER will include in its program or stage bill the following credit and the officialAGMA logo:72. RE-OPENERThe Dancers of Colorado Ballet are represented by The American Guild ofMusical Artists, AFL-CIO, the union that represents Artists in the fields of opera,ballet, modern dance and choral presentations.”a) The Parties agree to a three year term, July 1, 2010 – June 30, 2013 with a reopener oncompensation and weeks of work only in the second year of the Agreement for year twoand year three of the Agreement;b) Either party shall have the option, no later than April 30, 2011, to serve written notice tothe other party of its intent to reopen the contract, effective July 1, 2011, to negotiate withrespect to the issues of Guaranteed Weeks and Minimum Compensation only;c) If the Parties have not reached an agreement on such items of Guaranteed Weeks andMinimum Compensation by three weeks from the date of such notice, the Parties shallforthwith notify and engage the services of an FMCS mediator from the Denver RegionalOffices for non-binding mediation;d) Every effort possible will be made by the Parties to reach an agreement prior to ColoradoBallet's June Board Meeting so it may consider and approve a budget for 2011-2012season;55

e) If, after exhausting all of the above, the Parties are unable to reach an agreement byJune 30 th 2011, the Agreement reverts to a one year term, expiring June 30, 2011, withthe parties thereby retaining all such rights and remedies under contract and law.73. QUARTERLY MEETINGSa) In order to create and maintain transparency, the board/management of the ColoradoBallet will hold quarterly meetings at a mutually acceptable time and place with AGMAand the Dancers to ensure a common understanding of the forecasted and actual financialperformance of the Colorado Ballet as the year progresses.b) Status reporting on financial performance will be a standing agenda item during thequarterly meetings so that progress can be jointly monitored.c) Colorado Ballet will provide to AGMA and to the AGMA represented Dancers ofColorado Ballet all financial documents, reports, statements and other relevant financialinformation that it otherwise provides to its Board, and/or any other stakeholder, on aquarterly basis, or upon AGMA’s request, if such material is available and subject toconfidentiality agreements where appropriate.IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date firstabove set forth.AMERICAN GUILD OF MUSICAL ARTISTSBy: ___________________________________Alan S. GordonNational Executive DirectorDate: ___________________________IN THE PRESENCE OF:____________________________________________Deborah Allton-MaherEastern CounselCOLORADO BALLETBy: _________________________Marie Belew WheatleyExecutive DirectorDate:_________________________IN THE PRESENCE OF:________________________________DelegateDate: _________________________________Date: _______________________________________________________DelegateDate: ___________________________56

EXHIBIT “1”AGREEMENT between the __________________________________located at_______________________________, hereinafter called the Company and_________________________, hereinafter called the Photographer, dated this ___________ dayof __________, 20__.Whereby it is mutually agreed that the Company will admit the Photographer to the premises ofthe ________________Theater under the following conditions:1. The Photographer agrees that any photographs taken in the _______________Theater will beused only for purposes of the Company’s publicity, in newspaper, souvenir books, houseprograms or other publicity uses designated by the Company.2. The Company agrees to compensate the Photographer for any photographs ordered or used bythe Company at a rate to be mutually agreed upon.3. The Photographer agrees to submit all photographs of principal and soloist dancers to both thedancer involved and the Company for approval.4. This agreement relates only the Company’s publicity uses and no rights for any commercialuse of any photograph taken in the ______________Theater are granted herein to thePhotographer. For the purposes of this paragraph, the sale of a photograph of said dancer shallnot constitute commercial use.In witness whereof the Company and the Photographer have affixed their signatures below:____________________________ ________________________________Photographer (Dance Company)57

EXHIBIT “2”AGMA REGULATIONS FOR SAFETY WITH SWORDS AND/OR PROPS AS WEAPONSFor the purposes of this Agreement all props used as weapons, including but not limited toswords, sharp implements, knives, poles or any other like instrument, shall be referred to asweapons.The EMPLOYER agrees that whenever a production requires the use of weapons, the followingregulations shall apply.1. The EMPLOYER shall engage a Fight Director (see subparagraph 9.) who shall be thoroughlyfamiliar with the proper use and maintenance of the weapons required in the production. TheFight Director will be engaged during the rehearsal process to work with the ARTIST(S) andCovers in collaboration with the Choreographer or Stager. Instruction in the proper and safe useof the weapons shall be a prerequisite prior to the issuance of any weapon to any ARTIST forany rehearsal or performance. Where a question of safety exists in the opinion of the FightDirector, the Choreographer or Stager may not overrule the Fight Director’s expert judgment.2. No ARTIST shall be required or permitted to handle any weapon in either rehearsal orperformance until the ARTIST feels confident that he/she has received adequate instructions.3. All weapons shall be in the possession of the Stage Manager/Property Master when notactually in use during rehearsal or performance.4. It is agreed that at the commencement of each rehearsal involving weapons, performancetempos shall be modified to facilitate a proper warm-up and orientation prior to rehearsing at aperformance-level tempo.5. All weapons will be thoroughly inspected, cleaned and inventoried by the StageManager/Property Master at the end of each rehearsal and performance.6. At the conclusion of the weapon scene all weapons shall be returned to the StageManager/Property Master and stored for safe-keeping.7. The Fight Director will be present for at least one on-stage technical rehearsal to observe andto supervise the actual staging of the fight sequence.8. In the event that the performance parameters change (by way of example without limitation:where a smaller stage diminishes individual ARTISTS’ parameters of safety necessitating fewerARTISTS, fewer weapons, or revised choreography), the Fight Director will supervise restaging.Such restaging may be devised in advance in anticipation of a change in performance parameters(by way of example without limitation: in preparation for performances on smaller stages duringtours).9.* The Fight Director must hold current certification from the Society of American FightDirectors.[* AGMA is willing to consider additional, appropriate certifications and societies for inclusionin #9.]58

EXHIBIT “3”RELEASE AGREEMENTAGREEMENT between { Artist Name } and { Company } dated this ____ day of __________,20__.It is mutually agreed that Artistic Director, { Name } has given { Artist } permission to performthe following engagement outside his/her Standard Artist’s Contract for Employment with theCompany: {date, time, place and brief description of engagement}.{ Artist } is hereby released from the exclusivity provisions of his/her Standard Artist’s Contractfor Employment solely to the extent necessary to permit ARTIST to perform the aboveengagement. {ARTIST} acknowledges that while performing the above engagement, he/she willnot be covered by {Company’s} Worker’s Compensation Plan.{ARTIST} is also hereby excused from any services that may be required of him/her between{date, time} and {date, time} under his/her Standard Artist’s Contract for Employment with{Company}. {ARTIST} understands and agrees, however, that he/she will not be compensatedfor the period of services missed, and that he/she shall return to work for the next scheduledservice after such period.{ Company } will be given appropriate credit in all publicity and program copy as follows:“{ Artist } appears through the courtesy of { Company }.”____________________________ ____________________________{Signature Company official} {Signature of ARTIST}{Name and Title}WORKER’S COMPENSATION ACKNOWLEDGMENT:“I {the ARTIST} have accepted the following engagement outside my Standard Artist’s Contractfor Employment with {Name of EMPLOYER}: {date, time, place, and brief description ofengagement}. I understand that I will not be covered by EMPLOYER’S Worker’s CompensationPlan during that time. I agree to make every reasonable effort to assure that the place ofemployment is safe and usable for performing. I agree to make every reasonable effort to assurethat I will be covered by the presenter’s Worker’s Compensation Insurance or insurance ofsimilar coverage.”{Signature of Artist}Date: _____________________59