Contract 2010-2013 - American Guild of Musical Artists

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In the event said Act is repealed or amended as to permit a stricter union securityclause the above provision shall be deemed amended accordingly.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
Page 1: AGREEMENT made, executed, and deliv
Page 6 and 7: easonable and proper consideration
Page 8: 11. NON-PAYMENT OR PARTIAL PAYMENT
Page 12 and 13: (k) Lecture / Demonstration - An ac
Page 14 and 15: intermissions/pauses are counted as
Page 16 and 17: Minimum Number of AGMA Dancers - Th
Page 18 and 19: (c)For tours which are in excess of
Page 20 and 21: 23. CAREER TRANSITION(a)(b)Any ARTI
Page 22 and 23: scheduled within the time span stat
Page 24 and 25: 15 (f) and for the full running tim
Page 28 and 29: (b)(c)(d)(e)(f)(g)(h)(i)During all
Page 30 and 31: available. If hot water and shower
Page 32 and 33: hours, and providing that each Lect
Page 34 and 35: oots shall be available to the ARTI
Page 36 and 37: compensated at the Double Time Rate
Page 38 and 39: taping provided that all time invol
Page 40 and 41: 44. PUBLICITY(a)(b)While ARTISTS ar
Page 42 and 43: make best efforts not to schedule t
Page 44 and 45: 47. SUSTENANCE PAYMENT DURING TRAVE
Page 46 and 47: (d)(e)(f)The EMPLOYER agrees that i
Page 48 and 49: 1. In the event the EMPLOYER is req
Page 50 and 51: treating physician provides written
Page 52 and 53:
travel] such conditions shall not b
Page 54 and 55:
equisite authority as an agent and
Page 56 and 57:
e) If, after exhausting all of the
Page 58 and 59:
EXHIBIT “2”AGMA REGULATIONS FOR
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Contract 2010-2013 - American Guild of Musical Artists

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