Western Civic Light Opera (WCLO) Agreement 03-06 - Actors

25. HEALTH BENEFITS ............................................................................................2426. HOUSING.............................................................................................................2427. INJURY AND SUPPLEMENTAL WORKERS’ COMPENSATION.......................2628. JUVENILE ACTORS. ...........................................................................................2629. LAWS GOVERNING. ...........................................................................................2730. NON-DISCRIMINATION.......................................................................................2731. NON-PROFESSIONALS......................................................................................2732. NON-TRADITIONAL CASTING. ..........................................................................2933. NO STRIKE OR LOCK-OUT................................................................................2934. NUDITY. ...............................................................................................................3035. PENSION. ............................................................................................................3036. PERFORMANCE LOST. ......................................................................................3137. “PRE-BROADWAY”/PRODUCTION TRYOUTS. ................................................3138. PRODUCTION PROSECUTED............................................................................3239. PROGRAM AND SOUVENIR PROGRAM. ..........................................................3340. PROPERTY..........................................................................................................3541. RECORDINGS. (USE IN PRODUCTION)............................................................3642. REHEARSAL, PERFORMANCE, AND OTHER WORK RELATED RULES .......3643. REOPENING OF A PLAY. ...................................................................................4244. REPLACEMENT OF THE ACTOR.......................................................................4245. REPORTS. ...........................................................................................................4246. RISK.....................................................................................................................4347. SAFE AND SANITARY PLACES OF EMPLOYMENT.........................................4448. SALARIES............................................................................................................4749. SECRET VOTE. ...................................................................................................5050. SECURITY AND SECURITY AGREEMENTS......................................................5151. SET MOVES.........................................................................................................52ii

52. SICK LEAVE, ILLNESS AND BEREAVEMENT. .................................................5253. SOCIAL SECURITY - UNEMPLOYMENT INSURANCE. ....................................5254. STAGE FIGHTING. ..............................................................................................5455. STAGE MANAGERS AND ASSISTANT STAGE MANAGERS. ..........................5456. SUBSIDIARY RIGHTS. ........................................................................................5857. TELEVISING, FILMING AND RECORDING. .......................................................5958. TERMINATION.....................................................................................................6559. TOURS.................................................................................................................6760. TRANSFERS........................................................................................................7261. TRANSPORTATION TO AND FROM ENGAGEMENT........................................7362. UNDERSTUDIES. ................................................................................................7563. UNION EMBLEM. ................................................................................................7664. UNION SECURITY/DUES AND FEES. ................................................................7665. VACATIONS.........................................................................................................7766. VOLUNTARY CLASSES......................................................................................77iii

Rule 1. ACTORS OBLIGATION TO EQUITYAGREEMENT made between Actors' Equity Association (hereinafter called “Equity”)and Western Region Community Non-Profit Musical Theatres (hereafter called“Producer”) operating under the Western Civic Light Opera Agreement (hereafter called“WCLO”).THEREFORE, it is mutually agreed as follows:RECOGNITIONThe Producer agrees to recognize Actors' Equity Association as the exclusivebargaining representative of all the Actors (Principals, Chorus and Extras), StageManagers and Assistant Stage Managers employed by the Producer for the purpose ofcollective bargaining and the administration of matters within the scope of thisAgreement.1. ACTOR'S OBLIGATION TO EQUITY.RULES GOVERNING EMPLOYMENT(A) Nothing contained in any employment contract signed by any member of Equityshall be construed so as to interfere with the carrying out of any obligation which amember owes to Equity by virtue of such membership, and the Producer shall notonly not request or require any member to do any act or thing forbidden by theConstitution and Bylaws of Equity or by the rules or orders of Equity, or orders of itsauthorized executives, but will require the Actor to do and/or assent to the Actordoing any and all acts required by the foregoing.(B) The Producer further agrees that it has notice:(1) That the Associated Actors and Artistes of America is a voluntaryAssociation (hereinafter referred to as 4 A's) and is subject to the Constitution,Bylaws, rules, regulations and orders of the American Federation ofLabor-Congress of Industrial Organizations (hereinafter referred to asAFL-CIO), from which it derives its charter.(2) That Equity deriving its charter from the 4 A's is in turn subject to theConstitution, Bylaws, orders, rules and regulations of the 4 A's and the AFL-CIO.(3) That the Actor is directly subject to the Constitution, Bylaws, rules,regulations and orders of the 4 A's, and the Producer agrees that it will notrequire the Actor to do any act or thing forbidden by the Constitution or Bylawsof the 4 A's or by its rules, orders or regulations.(4) Contracts of employment shall be subject to all such rules and regulations.(C) Nothing contained in this rule shall, however, require the Producer to take anyaction which is not legally permissible, or permit Equity to change, modify, amend,1

Rule 1. ACTORS OBLIGATION TO EQUITYRule 2. AGENTSRule 3. ALIENSRule 4. ARBITRATIONsupersede or impose any conditions or obligations upon the Producer which are notspecifically set forth in the WCLO Agreement or in any of the individual agreementsmade with Actors consistent herewith.2. AGENTS.(A) Equity Franchise Required. The Producer has notice that if the negotiation for,or the obtaining of this contract by, the Actor is through any employment agent orpersonal representative not holding an Equity Franchise, or one whose Franchise isnot in good standing, the Actor is liable to suspension or other disciplinary action.(B) Commissions. Should the Producer contact the Actor directly and agree with theActor as to the salary and role, the Producer shall not directly or indirectly requirean Agent to intervene to complete the engagement or require the Actor to sign thecontract at or through an Agent's office. Any such Agent so engaged does notrepresent the Actor, and should such Agent make a claim for commission, the Actorwill notify the Theatre accordingly, and the Producer agrees to indemnify the Actorand hold him harmless from any such claim.(C) Agents Acting as Casting Consultants. Any Agent who acts as an Agent for aProducer, either as a casting consultant or otherwise, with or without fee, does not,if the Actor secures employment through him, represent the Actor in securing saidemployment and is not entitled to commissions therefore from the Actor.(D) Chorus Commissions Prohibited. Actors engaged under a Chorus contract orperforming as Chorus shall not pay commissions to any Agent, except inaccordance with the existing Equity Agency Regulations.3. ALIENS.Non-resident aliens may not be employed without the express consent of Equity.4. ARBITRATION.Any controversy arising from the application or interpretation of this Agreement oraffecting the relationship between any Actor and the Producer, or Equity and theProducer, including disputes as to the existence or validity of any employmentcontract, shall be submitted to arbitration in accordance with the Voluntary LaborArbitration Rules of the American Arbitration Association to be held in Los AngelesCounty.The following permanent panel of Arbitrators shall be maintained to hearArbitrations hereunder:2

Rule 4. ARBITRATIONRule 5. AUDITIONS AND INTERVIEWSEdgar A. Jones Howard Block George MarshallFredrick Horowitz Mark Burnstein Louis ZigmanAnita Christine KnowltonSelection shall be made in accordance with their ability to provide the earliest datesagreeable to the parties or necessary to obtain the expedited arbitration providedherein. If the availability of the arbitrators is equal, the American ArbitrationAssociation shall have authority to appoint any one as arbitrator.Arbitration as provided herein shall be the exclusive remedy for the resolution oradjustment of disputes, including any question as to whether a dispute or issue isarbitrable under the provisions of this Agreement.Mutual expenses of the arbitration, including, but not limited to, filing fees, thecompensation of the arbitrator, and the cost of the room will be equally shared byEquity and the Producer.Nothing herein shall be construed to give the arbitrator the authority to alter, amendor modify any of the provisions of this Agreement. The issue of "best efforts" shallnot itself be arbitrable.Should the Producer dispute a ruling by Equity, it must demand arbitration withintwo weeks of notice to it of said ruling. Failure to do so constitutes agreement withsaid ruling and an acknowledgment that Equity may deduct any monies due as aresult of said ruling from any security posted with Equity by the Producer. TheProducer further agrees to replace said amount deducted immediately upondemand by Equity.Equity shall act on behalf of the Actor in any arbitration proceedings in accordancewith Equity's Constitution and Bylaws; and, no Actor is authorized to commence anyarbitration proceeding except with the consent of Equity.Producer shall supply Equity with and keep current its local address, and agreesthat valid and effective service of all documents initiating the Arbitration, service ofall documents during the Arbitration, serving of the Award itself, and serving anydocument or pleadings in a court proceeding relating to the Arbitration or thePetition and the order Confirming an Arbitration Award may be had by placing atrue copy thereof enclosed in a sealed envelope with postage thereon fully prepaid,in the United States mail directed or addressed to said address as last stated to theEquity office by the Producer or to its last known business address on file at theEquity office by certified mail.5. AUDITIONS AND INTERVIEWS.(A) General Provisions.3

Rule 5. AUDITIONS AND INTERVIEWS(1) The Producer shall hold Principal auditions or interviews, Stage Managerinterviews, and, for productions utilizing Chorus, Chorus auditions. Thefollowing conditions shall apply:(a) Among the auditions or interviews held, there shall be auditions orinterviews for Equity performers;(b) The Producer is under no obligation to hire any person pursuant to anyPrincipal interview or audition procedures including the procedures forEquity Actors set forth below.(c) Chorus and Principal auditions shall take place prior to any agentsubmitted auditions.(d) In the case of callbacks, the Producer will make available any specialmaterial requested by the Producer at no cost to the Actor at the time ofnotification.(2) When auditions are held in premises that are not architecturally accessible,the Producer, upon notification by either Equity or a performer with a mobilityimpairment who wishes to audition, shall arrange for an accessible facility forthe audition.(3) When a deaf performer is sought, the Producer shall provide, during theaudition, qualified interpreter for the deaf (i.e., an interpreter qualified orcertified in sign language or oral interpretation).(4) For blind and visually impaired performers who notify Producer in advance,all audition material shall be available at a place to be designated by theProducer, at least 48 hours in advance of the audition.(B) Equity Procedures. Interviews or auditions for Equity Actors shall be conductedin accordance with the following:(1) For each production the Producer will hold one day of Principal auditionsand one day of Chorus auditions in Los Angeles or San Francisco, at anapproved location. In consultation with Equity, the Producer may modify therequirement of one day per show auditions. If such modification is granted, theProducer must hold at least a seasonal audition in Los Angeles or SanFrancisco. If the Producer is located in a city that is an area liaison city, theseProducers must hold auditions in that city as well. In either case, the Producerwill notify Equity no less than three weeks prior to the audition of the time andplace of the audition.If any types of auditions (EPA’s, Chorus Calls, Agent Calls) are to be held inNew York, auditions must be held in Los Angeles or San Francisco. EPA’s andChorus Calls must always be held before Agent Calls.4

Rule 5. AUDITIONS AND INTERVIEWS(2) The Producer shall not hold auditions or interviews on any day when anEquity meeting is scheduled, provided that Equity notifies at least two weeks inadvance of such meeting.(3) Principal Auditions or Interviews.(a) Each Actor shall have up to three minutes to audition using material ofthe Actor’s own choice within categories set by the Producer. Each Actoror Stage Manager shall have up to three minutes for an interview shouldthe Actor elect to have a Principal interview.(b) An individual with casting authority shall be present at all times duringauditions/interviews. To that end, auditions and interviews will beconducted by the Producer, director, choreographer, musical director,assistant director, author or professional casting director designated inwriting by the Producer.(c) When the Producer conducts its own auditions or interviews, Producershall be limited to three in number for a Principal Actor. Thereafter, theProducer shall pay to the Actor a fee of $25.00 plus transportation, for eachof the fourth, fifth, and sixth auditions or interviews and for each audition orinterview following, 1/6 of the Producer’s basic minimum salary plustransportation.(d) Prior to the season, the Producer shall supply to Equity a list of theplays, directors, casting director, or casting consultant, list of parts not cast(for a new play include character descriptions) and first rehearsal dates, ifknown. Any information not available at the time of the foregoing will besupplied when known. Equity will circulate this information and Actors andStage Managers are encouraged to send their pictures and/or resumés tothe Producer.(e) The Producer shall make best efforts to see Actors who may be visitingthe city where the Producer is located.(4) Equity Chorus Auditions.(a) For productions in which Equity performers are required to sing, theremust be an audition for singers at which performers musts be given anopportunity to audition in their primary skill before they may be requested tomove or dance. In productions in which Equity performers are required todance, there must be an audition for dancers at which performers must begiven an opportunity to audition in their primary skill before they can berequested to sing.(b) Each Equity performer who auditions for Chorus may be required by theProducer to attend three days of Chorus auditions. Thereafter, the5

Rule 5. AUDITIONS AND INTERVIEWSProducer shall pay to the Actor 1/6 of the Producer’s basic minimum salaryplus transportation for each such audition day over three.(c) Auditions may be held on three separate days. At the first auditionChorus performer may be typed, asked to dance and/or sing; after theChorus performer has been auditioned for dancing and/or singing, theperformer may be asked to read for Chorus parts and/or understudy. Atthe second and/or third audition, Chorus performer may again be asked todo all of the above.(d) If these three days are not consecutive, the Chorus performer shall notbe required to report for any purpose on the intervening days.(e) If, at the second or third audition, selection of a Chorus performer to beengaged for the production is to be determined at a final match-up, then theChorus performer retained for the match-up, from the earlier audition thatday, shall be released following his selection and be free until match-up,except if required to read a part or understudy.(f) The Producer shall conclude the audition within an eight-hour span fromthe first call on that day. In the event any audition exceeds eight hoursfrom the time of the Chorus performer’s first call, the performer shallreceive 1/6 of minimum salary as compensation for such day.(g) For each auditioned performer, there shall be a break of at leastone-hour after not more than five consecutive hours of audition. For each½ hour, or part thereof over five hours, without a break, the performer shallbe paid $20.00 until such break is given.(C) Equal Employment Opportunity(1) It is the intention of the parties that auditions/interviews shall be conductedin a manner that continues to promote fair consideration to ethnic minorities(African-Americans, Hispanic-Americans, Asian-Americans and NativeAmericans), women, seniors and performers with disabilities. Toward this end,the Producer agrees that casting of all productions will be conducted in amanner that provides full and fair consideration to ethnic minorities, women,seniors, and performers with disabilities.It is the intent of the parties that casting for all roles shall be made withoutregard to race, color, national origin, creed, disability, gender or sexualorientation. It is the desire of the parties that the stage reflect a multi-culturalsociety. In furtherance of this policy, and with due regard for the requirementsof and suitability for a job, the producer shall endeavor to hire ethnic minorities,women, seniors and performers with disabilities.(D) Non-Discrimination6

Rule 5. AUDITIONS AND INTERVIEWS(1) The Producer shall not practice discrimination against any Actor on thebasis of race, color, creed, national origin, gender, sexual orientation, politicalpersuasion or belief, age or disability of such Actor.(2) The Actor shall not be required to perform in any Producer or other place ofperformance where discrimination on the basis of race, color, creed, nationalorigin, gender, sexual orientation, political persuasion or belief, age ordisability is practiced against any Actor or against any patron as to admissionto or seating in such Producer or other place of performance.(E) Non-Traditional Casting(1) The parties hereto affirm commitment to an inclusive casting policy knownas Non-Traditional Casting. Non-Traditional Casting is for the purpose ofincreasing employment for ethnic minorities, females, seniors and performerswith disabilities, and is for the casting of such performers in roles where race,age, ethnicity, gender or the presence or absence of a disability is not germaneto either the play or the character’s development.(2) In furtherance of this goal, the Producer agrees to make a determination ofnon-traditional casting opportunities, taking into consideration any suggestionsmade by Equity, and to identify for use in all published casting notices and inthe Producer’s announcement to agents and casting directors roles availablefor non-traditional casting and to actively solicit the participation of ethnicminorities, females, seniors, and performers with disabilities. The foregoingconstitutes an expression by Equity and the Producer of their desire toencourage and promote inclusive employment practices.(3) Producer agrees to encourage all Directors, Choreographers and CastingConsultants in the Producer’s employ to select in accordance with the policyoutlined in 5 (C) (E). Furthermore, the Producer will provide a statement of thisnon-traditional casting policy to all Directors, Choreographers, and CastingConsultants.(F) Performers with Disabilities(1) When a role to be cast depicts a person with a specific disability, theProducer shall include this information in the casting specifications and, at thesame time, shall notify Equity of such specifications so that performers withsimilar disabilities shall be informed and given the opportunity to audition forthe role.(2) When a Producer holds auditions in premises which are not architecturallyaccessible for performers with disabilities, Producer will, upon notification byEquity or by a performer with a disability who wishes to attend the audition,arrange for appropriate facilities to accommodate performers with disabilities.7

Rule 5. AUDITIONS AND INTERVIEWS(3) When a deaf performer is sought the Producer shall provide, during theaudition, a qualified interpreter for the deaf (one qualified or certified in sign llanguage or oral interpretation).(4) All audition material provided by the Producer shall, upon request, be madeavailable to blind and visually impaired performers at a place to be designatedby the Producer at least 48 hours in advance of the audition.(G) RecordsThe Producer will maintain for each production records of ethnic minorities,women, seniors and performers with disabilities auditioned, interviewed, hired,and/or replaced and will forward such records to Equity within 30 days of thefinal performance of the season. Equity will provide the applicable form.(H) Additional Equity Provisions.(1) Auditions Code/Safe and Sanitary Provisions. When auditions are held instudios, the Producer shall provide:(a) A room other than the audition room which shall have seats and openspace where the Actor may wait and/or warm up for the audition.(b) Separate change facilities (not lavatories) for men and women at anyaudition at which they are required to dance.(c) An audition room, change room and/or waiting room which is properly lit,ventilated and heated during hot or cold weather to a temperature rangebetween 70 and 76 degrees Fahrenheit.(d) Producer shall ensure that cool drinking water be available.(e) Dance surfaces at the place of the audition(s) shall comply with Rule47(H), Safe and Sanitary Places of Employment, Dance Surfaces.(f) Smoking shall not be permitted in the interview, audition, or waitingroom.(g) When auditions are held in the Producer’s facility, the Producer shallprovide conditions similar to those described above.(2) The Producer agrees:(a) Equity shall have the right, in consultation with the Producer, toschedule auditions so that no more than two productions hold their first orfinal call (audition) on the same day, in the same city, or call the samecategory (singer or dancer) at the same time.(b) To audition singers (male and female) and dancers (male and female)separately at the first call for Chorus Actors, and that Equity shall benotified in writing, at least three weeks in advance of the audition, of thetime, place and group called. Dancers shall be auditioned as dancers8

Rule 5. AUDITIONS AND INTERVIEWSRule 6. BAGGAGEbefore they are auditioned as singers. Singers shall be auditioned assingers before they are auditioned as dancers.(c) The Producer shall not halt the continued progress of a Chorus auditionto audition an Actor for a Principal role or, except at the finals, to haveChorus Actors read for a part or understudy during the time of the Chorusaudition.(3) The Producer shall provide liability insurance at all auditions for Equityperformers.(4) The Producer shall provide a pianist proficient in the skill of accompanyingand whom can sight read at all auditions at which the Actor is required to singand/or dance.(5) Cast Breakdowns of New Musicals. (See also Rule 14(C), Contract.)(a) The Producer shall furnish to Equity, as soon as they are available, thescript(s) of any scheduled new musical(s) and/or new adaptations ofscheduled musical productions.(b) Together with the cast breakdowns of Principal roles, number of Chorusand a schedule of all functions for which Chorus Actors shall receiveadditional payments.(c) Equity shall respond to the Producer with its breakdown of Principal andChorus parts.(d) Where differences exist, the Producer shall contract Principals andChorus Actors in accordance with Equity’s breakdown determination. Finaldetermination of Principal and Chorus breakdowns shall be made by Equitywhen the production is “frozen,” and contracts shall be changed, ifnecessary, to reflect this final determination.6. BAGGAGE.(A) The Producer agrees to pay the cost of transporting two full-sized suitcases,plus two pieces of hand luggage that fit in overhead luggage racks.(B) Actors shall not ship luggage and submit the bill to the Producer without priorapproval from the Producer.(C) The Producer shall determine the method of shipment for any baggage beingtransported beyond the weight limits allowed by the airline, railroad or buscompany.(D) The Actor shall be responsible for transporting his personal hand baggage toand from the station or airport in the place of engagement. The Actor shall take the9

Rule 6. BAGGAGERule 7. BILLINGmost reasonable and expeditious mode of transportation and without prior expenseapproval, the Producer shall reimburse the Actor for the actual cost up to $50.00each way as set forth and itemized.7. BILLING.(A) House Boards.(1) The names of all Actors under Equity contract for the production currently inperformance shall be listed in non-preferential order on the house boards infront of the theatre in letters no less than one-half inch in height whereverhouse boards are maintained and within the limitations of the existing facilitieson said house boards.(2) The Producer agrees, in instances where there is no house board outsidethe theatre, to place one prominently inside the lobby.(B) Actor Leaves Cast.(1) When an Actor leaves a cast, the Actor’s name and/or likeness (inphotographs portraying three Actors or less) must be removed from allfront-of-the-house boards and frames where the show is playing, as well asfrom all frames at other theatre’s. The removal shall be made prior to the firstperformance of the Actor's successor. Should the Producer fail to comply withthis rule within three days after the Actor, his successor and/or Equity giveswritten notice of failure to remove the name and/or likeness, the Producer shallpay the Actor currently performing and the Actor whose name and/or likenesshas not been removed, an additional 1/8 of their respective weekly salaries foreach day that the Producer has not complied with the rule.(2) When individual photographs of any cast member not under Equity contractare displayed, every person under Equity contract will have his individualphotograph displayed if the Actor provides such photograph. Production shotsdo not apply.(3) In connection with all other advertising and display media under theProducer's control, it shall exercise reasonable diligence in removing the nameand/or likeness of the Principal Actor no longer in the cast.(C) Breaches of Billing.(1) All provisions pertaining to billing of the Principal Actor shall be specific. Ifbilling is contingent on the billing of any other Principal Actor, such contingencyshall be clearly and succinctly set forth in the contract.(2) Whenever a breach of a billing clause contained in an Actor's individualcontract is claimed, Equity shall notify the Producer in writing of said breach. If10

Rule 7. BILLINGRule 8. BINDING EFFECT OF AGREEMENTRule 9. BLACKLISTINGthe breach is not corrected within three business days of receipt of the writtennotification, except as provided below, the Producer shall pay to the Actor asum equal to 1/8 of the Actor's salary for each week that the breach continuesbeyond the third day. If the breach involves billboards, including those onbusses, the time interval for correction shall be extended to two weeks.Exempted from this provision shall be posters on unpaid locations, commonlyknown as sniping. If the breach involves billing in a magazine or similarpublication, and the Producer does not correct an error in billing when notifiedthree or more business days prior to the press deadline, it shall pay to the Actora sum equal to 1/8 of the Actor's weekly salary. If the breach involves billing ina newspaper, and the Producer does not correct an error in billing when notified48 hours or more, prior to the press deadline, it shall pay to the Actor a sumequal to 1/8 of the Actor's weekly salary.8. BINDING EFFECT OF AGREEMENT.(A) Agreements between Producers and so-called “packagers,” casting consultants,agents or manager’s representatives shall in no way limit or reduce the Producer'sliability or responsibility to fulfill all terms and conditions of Equity contracts to whichthe Producer is signatory.(B) All contracts signed pursuant to these rules are binding upon not only thesigners on the face thereof, but also upon any and all corporations, co-partnerships,enterprises and/or groups which said signers control, and are hereby agreed to beadopted as their contracts by each of them.9. BLACKLISTING.(A) The Producer and Equity both pledge themselves to prevent blacklisting.Opposition to blacklisting is not a controversial issue between the Producer andEquity.(B) Blacklisting for the purposes of this rule shall mean the submission by theProducer, directly or indirectly, to individual or group pressure, and/or the use ofprivate lists, published or unpublished, of persons not to be employed in theatricalproductions for reasons having no direct relation to their theatrical ability.(C) If it is determined in an arbitration that the Producer has blacklisted an Actor asdefined above, the Producer agrees to pay to the Actor losing his employment as aresult of blacklisting, his full contractual salary for the duration of the contemplatedengagement, plus a sum equivalent to the full contractual salary of the successor orsuccessors, or $1,000.00, whichever is the greater.11

Rule 10. BREACHES BY PRODUCER10. BREACHES BY PRODUCER.(A) Breaches by the Producer include, but are not limited to, the following:(1) Should the Producer breach an individual contract of employment, or anypart thereof; breach or fail to abide by or conform to any rule which is a part ofthe employment contract of any Actor;(2) Make any false statement in connection with any employment agreement orregarding security;(3) Employ or have employed any Actor under any form of contract other than astandard form;(4) Be in default as to any employment contract with any Actor under Equitycontract, or breach any such employment contract, past or present;(5) In the future, breach of any such employment contract;(6) Fail to give or deposit security at the time and in the form and amountrequired by Equity;(7) Otherwise breach or fail to live up to any contract of employment or Equityrule;(8) In the event of an act of default by the Producer, the Actor is released fromhis obligation to work. In this event the Actor may (Equity consenting) forthwithterminate the employment, and is released from his obligation to renderservices to the Producer. In addition, the Producer agrees that it will pay theActor, in full, for all services rendered by Actor, plus any other sums to whichthe Actor may be entitled by contract or by this Agreement. In addition, asliquidated damages, Producer agrees to pay no less than a sum equal to twoweeks' salary for Actors signed to Producer contracts. No offset shall beallowed the Producer for earnings of the Actor in a new or subsequentengagement as a result of liquidated damage payment.(B) Disputes as to the applicability of the foregoing paragraph shall be subject to thearbitration clause of this Agreement and neither Equity nor the Actor may finallydetermine any questions of violation or breach on the part of the Producer, exceptas to violations of Rule 10(A)(3) and 10(A)(6), Breaches by Producer. In the eventof the Producer’s breach of Rule 10(A)(3) or 10(A)(6), Breaches by Producer,Equity may intervene, without penalty to itself, and require the Actor to perform orrehearse or not perform or rehearse under such terms and conditions as Equitymay consider just and equitable.(See Rule 39(G), Program and Souvenir Program, for Changes In Cast and Rule44, Replacement of the Actor, for Replacement of the Actor)12

Rule 11. CLAIMSRule 12. CLOTHING AND COSTUMES11. CLAIMS.(A) Waiver or Release Not Permissible. Upon any claim of the Actor arising underhis agreement through any breach thereof, no receipt, waiver, release oradjustment by the Actor is of any validity whatsoever, unless Equity consents inwriting and the Producer, by agreeing to this rule, agrees that it will not seek orsolicit any such waiver, release or settlement, nor offer the same in any arbitrationor any proceeding in court unless Equity specifically consents in writing. In no caseshall claims of members under employment contracts be handled or enforced byagents or attorneys of members unless same are consented to by Equity in writing.(B) Time Limit in Lodging. Should the Actor deem that he has any claim against theProducer under his contract, he shall present the same to Equity or to the Producerwithin four weeks after the time when such claim shall have arisen unless he shallgive to Equity and to the Panel of Arbitration a good and sufficient reason for anydelay after such period of four weeks.12. CLOTHING AND COSTUMES.(A) The Producer shall provide all costumes and clothing except modernconventional undergarments. All clothing provided by the Producer shall be clean,sanitary, and in good condition.(B) Footwear.(1) Shoes. The Producer shall provide properly fitted footwear. All footwearshall be clean, sanitary, and in good repair. Producer will make best efforts toprovide all footwear used for dancing at least one week prior to dress rehearsal.In no case will this footwear be provided less than three days prior to dressrehearsal. Such footwear shall be rubberized and braced when Equity deemsnecessary and shall be of suitable construction for dancing when used forContemporary Theatre Dance Movement, i.e., classical, ballet, modern, jazz,ethnic, etc. During rehearsals, the Producer shall furnish at least one pair ofpointe shoes for each Actor called upon to dance in pointe shoes. New pointeshoes shall be provided to the Actor in a timely increment mutually agreed uponby the choreographer, dancer, Producer and Equity.(2) Dance Shoes. The Producer shall provide new properly fitted professionaldance shoes for all members of the company who are required to dance.Dance shoes may represent the period of a production or nature of a specificcharacter (e.g., sneakers in WEST SIDE STORY; athletic shoes in DAMNYANKEES) which must conform to the appropriate style of the movement. Allfootwear shall be of suitable construction for dancing when used for TheatreDance Movement. Professional dance shoes are not required for normal13

Rule 12. CLOTHING AND COSTUMESballroom dancing or where there is minimally choreographed movement. TheProducer will make best efforts to provide professional dance shoes at leastone week prior to dress rehearsal. In no case will this footwear be providedless than three days prior to dress rehearsal.(a) The Producer shall furnish pointe shoes with ribbons for all rehearsalsand performances requiring pointe shoes. The Producer shall furnish atleast one pair of pointe shoes for each member of the cast called upon todance in pointe shoes. New pointe shoes shall be provided sufficiently inadvance of their use to allow the Actor adequate time to break in the shoes.(b) Shoes for dancing shall be rubberized and braced and shall be repairedor replaced whenever necessary.(C) Kneepads and Protective Clothing. Prior to any activity that requires knee andelbow pads and protective clothing, the Producer shall furnish new and properlyfitted (i.e. small, medium, or large) items for the exclusive use of the Actor for allrehearsals and performances.(D) Make-up. The Producer shall provide all make-up except ordinary andconventional make-up. If the Actor is required to use body make-up, the Producershall furnish clean cloth towels for the removal of such make-up. (See Rule47(B)(4), Safe and Sanitary Places of Employment)(E) Rental. No Actor shall rent or lend any wardrobe to a Producer for use in anyproduction unless the terms of the rental, based on the WCLO Agreement RentalSchedule agreed upon in writing between Equity and the Producer, are stated in theActor's contract of employment or in a rider thereto. The agreed upon paymentshall be made to the Actor separate from but with the Actor's weekly salary. Thefollowing shall be used as a minimum guide in those instances where the Actor isrequested to furnish his own clothing for any production. It is understood that suchpayment is made as a rental fee.ItemMinimum Weekly FeeBlouse 2.00Boots 10.00Coat 5.00Dance Shoes: (Professional jazz shoes,Character shoes, Tap shoes,Pointe shoes, Dance boots) 10.00Dress 5.00Ensemble (Shirt, Tie, Suit, Shoes, Etc.) 30.00Hat 2.0014

Rule 12. CLOTHING AND COSTUMESJeans 2.00Pedal Pushers-Knickers 2.00Shirt 2.50Skirt 5.00Shoes 8.00Shorts 2.00Slacks 5.00Sneakers 8.00Suit 20.00Sweater 3.00Tie 0.50Wig/Hair Piece 15.00(F) Cleaning.(1) Costumes or clothing used in a production shall be freshly cleaned whendelivered to the Actor and cleaned thereafter whenever necessary, but notlonger than two weeks. Spot cleaning, when required, shall be completed intime to allow at least four hours for drying and airing prior to the half-hour call.(2) Stockings, undergarments, undershirts and other conventional "Skin Parts"of costumes and/or clothes shall be new when issued to Actor. “Skin Parts”shall be laundered or cleaned for each performance. “Skin Parts” are to bedefined as any costume pieces that touch the skin. Costumes are notconsidered “Skin Parts” when worn with foundation garments such as T-shirtsor undergarments. Laundered items shall be completely dry and delivered priorto the “half-hour” call.(3) Costume parts that are damp due to perspiration shall be dry for eachperformance whenever practicable.(G) Change of Hair Color. The Actor may not be required to change the color of hishair unless he agrees in writing. If he agrees, the Producer shall pay the expenseof changing the color and of its upkeep during the run of the engagement, and thecost of the restoration to the original color at the close of the engagement.(H) Change of Hair Style. The Actor may not be required to cut or change the styleof his hair in any way, or to shave his head, unless he agrees in writing. He may,however, be required to let his hair grow, or he may be required to grow a beardprovided he agrees in writing. If he agrees, the Producer shall pay the originalexpenses and the expenses of the upkeep of said hair or hair style.15

Rule 12. CLOTHING AND COSTUMESRule 13. CONTINUOUS EMPLOYMENTRule 14. CONTRACT(I) Hairpieces, Wigs and Facial Masks. Beards and hairpieces furnished by theProducer shall be freshly cleaned when delivered to the Actor and cleanedthereafter whenever necessary but at least once every three weeks. Lace on allbeards, mustaches, and hairpieces shall be cleaned daily. No Actor will be requiredto use a facial mask, wig, or hairpiece (including a beard or mustache) which hasbeen worn by another Actor until it has been properly fitted, thoroughly cleaned,dried and aired. New protective breathable liners must be inserted into facialmasks whenever a replacement or understudy uses another Actor’s facial mask.Each liner must be for the exclusive use of one Actor. All liners must be launderedand thoroughly rinsed and dried before every use.13. CONTINUOUS EMPLOYMENT.Continuous employment of the Actor is of the essence of all employment contracts.Employment thereunder shall begin on the date of the beginning of rehearsals orrequired date of arrival, if earlier, and shall continue until terminated as hereinprovided, and not otherwise. All calculations of sums due, or benefits accruing tothe Actor, shall be computed on the basis of consecutive rehearsals andconsecutive employment.14. CONTRACT.(A) Required Number of Contracts. Effective September 8, 2003 throughSeptember 3, 2006, each production of the Producer will have no fewer than 20Equity contracts, of which one will be for the Stage Manager, one will be for theAssistant Stage Manager, and no fewer than eight will be for Chorus.(B) Filing Contract. No Actor may begin employment unless a standard form ofcontract has been filed with Equity.(C) Determination of Classification. Equity has the sole right to determine whetheran individual is correctly classified as a Principal, Chorus, Stage Manager, AssistantStage Manager or Extra, and the Producer agrees that Equity's determination shallbe final. (See also Rule 5(H)(5), Auditions and Interviews).(D) Signing Of. Unless a contract is signed concurrently, it must be signed by theProducer first. The Producer may, at the time it sends the contract to the Actor,notify the Actor in writing that unless the contract is signed, returned and Postmarked to the Producer no later than three business days after the Actor receivesit, the contract is null and void.(E) Changes and Alterations. The Actor has no right or power to waive any of theminimum conditions set forth in the employment contract or these rules without thewritten consent of Equity. Unless any and all riders, changes, alterations, waivers16

Rule 14. CONTRACTor substitutions from or under these rules made prior to, when or after the contractof employment is made shall have been consented to by Equity in writing, suchriders, changes, alterations, waivers or substitutions, or any part thereof, are void,at the option of the Actor, Equity consenting. It shall be the duty of the Producer,not the Actor, to submit proposed changes to Equity for its written approval by aduly authorized representative. The Producer shall also be responsible for notifyingthe Actor personally of any proposed change or alteration to his contract,particularly in the matter of casting assignments. At the option of Equity, no riders,changes, alterations, waivers or substitutions rejected by Equity shall be admitted inevidence, in any arbitration, or by any tribunal for the disposition of any claim,without the written consent of Equity.(F) Completing Contracts.(1) If the Actor agrees to appear in a production “As Cast,” the part assignedand performed at the first public performance shall be deemed the Actor'sassignment for that production and may not be changed or added to without anagreement in writing. At least one part should be specified in the Principalcontract at the time of signing. Should the Actor's assignment be changed, noadditional compensation will be required, but if the Actor is given additionalassignments, the Actor shall be compensated in accordance with Rule 48(D)and Rule 48(L), Salaries.(2) The Producer agrees that all blanks, including opening date, name ofpart(s), salary and required date of arrival, will be filled in writing before signingor delivery.(3) All concessions or waivers granted to the Producer shall be made known tothe Actors and Stage Manager at the time of audition, interview or initial contactif feasible.(4) The Producers agree to indicate on the face of the contract or in a rider thedates of an overnight tour, if known.(G) Quadruplicate Contracts. Immediately after entering into any employmentcontract, the Producer shall file with Equity an exact quadruplicate copy thereof.Should it not do so, the Actor may at any time, Equity consenting, terminate thesame without notice and the Producer shall pay to the Actor such amount as hemay be entitled to under the rules for a breach thereof.(H) Failure by Producer to file a properly executed and signed AEA contract shallconstitute a breach of this agreement entitling Equity among other things andwithout limitation to refuse to release the balance of the security deposited withEquity until the above requirement is met. In the event an Actor fails to sign hiscontract, the Producer agrees to file a copy with the Producer’s signature only.(I) Attempted Breach.17

Rule 14. CONTRACTRule 15. DANCE CAPTAINRule 16. DEFAULTING EMPLOYERS(1) No Actor shall agree with a Producer, Employment Agent, PersonalRepresentative or other Actor, and no Producer shall agree with any Actor,Employment Agent or Personal Representative to cause or attempt to cause, oragree to permit, any breach of any term of any employment contract.(2) Should any Equity member engage in such conduct, he shall be subject tosuch disciplinary action as Equity may determine.(3) Should any Producer be found by an Arbitration Panel to have engaged insuch conduct, said Producer agrees that such conduct on its part shall be abreach of its Employment Agreements with Actors, entitling any such Actors torecover from the Producer, Equity consenting, a sum equal to two weeks' salaryas liquidated damages, no present basis of calculation existing. The Producerfurther agrees that upon such breach, its name may be posted on theDefaulting Employer’s List at Equity.(4) In the event of a recovery of liquidated damages by or on behalf of theoffending Actor, the same shall be paid into the Actors' Equity Foundation.15. DANCE CAPTAIN.Whenever there is choreography and/or musical staging in a production, a DanceCaptain shall be required, and paid from the first date of assignment but in no eventlater than the first day of rehearsal. The Dance Captain shall be paid not less than16% of the then prevailing WCLO minimum salary in addition to the weeklycontractual salary.(A) For Dance Captains, after official opening, a total of 10 rehearsal hours perweek is allowed.(B) The Stage Manager shall not serve as a Dance Captain.(C) The Dance Captain shall receive billing on the page where the complete cast islisted.16. DEFAULTING EMPLOYERS.(A) Any Producer engaging any Actor represents that such Producer is not indefault under any Agreement with Equity at the time of such engagement, and thatno contract has been entered into between said Producer and Equity or any Actor,any breach of which remains unsettled or unliquidated. For the purpose of thisparagraph, the subject matter of a dispute currently in arbitration, or for which anotice of arbitration has been given, shall not be deemed an “unsettled” or“unliquidated” breach.18

Rule 16. DEFAULTING EMPLOYERSRule 17. DEFINITIONS(B) No Actor shall work or be required by any Producer, without the consent ofEquity, to work for any person, co-partnership, corporation, enterprise or groupwhich has failed to abide by any arbitration award or, where permitted herein, anyfinal determination of Equity, or which, through failure to meet past obligations toEquity or its members, has been placed on Equity's Defaulting Employer’s List; norshall any Actor work for or be employed by anyone who is or has been connected,either as an individual proprietor, general partner, associate producer, corporatedirector or officer, or active stockholder with any defaulting management sospecified, without the consent of Equity.(C) Should a Producer remain in default of salaries or other monies due an Actor onEquity contract for a period longer than one year, the Producer agrees that 5%interest, compounded annually, beginning one year after the default and endingwhen the claim is paid, shall be added to and payable as part of said claim. If anActor under Equity contract is adjudged by Equity or an Arbitration to be in defaultto a Producer, interest will accrue on said default in the same manner as above.17. DEFINITIONS.(A) Actor. The term “Actor,” as used in this Agreement, shall refer to and includepersons who are under an Equity contract, including Principals, Chorus, StageManagers, Assistant Stage Managers and Understudies.(B) Principal Actor. The term “Principal Actor” shall include all Actors hired onEquity contracts other than those Actors engaged on Chorus contracts, and/orengaged to perform Chorus work.(C) Chorus. The term “Chorus,” “Chorus member,” “member of the Chorus,” “Actorengaged under a Chorus contract,” “Chorus Actor” and “Chorus Performer” shallinclude Actors engaged under Chorus contracts and/or Actors actually performingChorus work, as may be determined by Equity.(D) Stage Managers and Assistant Stage Managers. The terms “Stage Manager”and “Assistant Stage Manager” shall mean any individual engaged on contract as aStage Manager or Assistant Stage Manager, respectively.(E) Extras. (See Rule 23, Extras.)(F) Part. The term “part” shall mean each character, specialty, or function for whichthe Actor is responsible.(G) Producer. The term “Producer” as used herein is the equivalent of the term“Guarantor” appearing in Equity forms.(H) Role. The term “role” shall mean the sum of the parts, specialties, functions andassignments for which a Principal Actor is responsible.19

Rule 17. DEFINITIONSRule 18. DISABILITY LEAVERule 19. DISCRIMINATION FOR UNION ACTIVITY(I) Gender. All references in this Agreement to “Actor” or “he” (and himself, his,etc.) shall be deemed to refer to both genders.18. DISABILITY LEAVE.Any Actor who becomes disabled during the course of Actor’s employment in theproduction shall be eligible for Disability Leave in accordance with the followingprovisions:(A) An Actor who is unable to work may request an unpaid leave of absence for aperiod of up to 12 months.(B) Such request must be supported by an acceptable medical certificate indicatingthe time necessary for the leave.(C) Actors are eligible to request only one such leave for any single medicalcondition within any single production.(D) The Producer shall use best efforts to insure that the duration of the leaverelates to the nature of the disability. However, in order to accommodate the needsof the production, the Producer may require that the leave be at least three monthsin length.(E) Actors on approved leave must notify the Producer at least one month prior tothe expiration of the leave of their intention to return to work as scheduled or toresign.(F) When a disability leave is requested, Equity will advise the Actor about sickleave benefits, health benefits, medical coverage and, if applicable, the proceduresfor direct payment.(G) Prior to an Actor’s return from a leave, Actor will be required to establish thatActor is able to meet the artistic and physical requirements of the production. Inaddition, at Producer’s option, Actor may be required to submit to an appropriateexamination by Producer’s medical representative at the Producer’s expense.Actor, at Actor’s option, may seek a second opinion at Actor’s expense.(H) Actor’s salary on Actor’s return to the production will be the same as when theleave began, plus any increases required by the WCLO Agreement.(I) Temporary replacement Actors may be hired under “replacement contracts” forperiods up to the full term of the leave.19. DISCRIMINATION FOR UNION ACTIVITY.The Producer shall not dismiss or otherwise penalize any Actor for fulfilling hisduties or obligations as a Deputy or an Equity member.20

Rule 20. DUTIES OF THE ACTOR20. DUTIES OF THE ACTOR.(A) Actor shall file his contract with Equity in a timely manner.(B) The Actor agrees to be prompt at all calls including but no limited to rehearsals,costume and photo calls; to appear at the theatre no later than one-half hour priorto the performance; to pay strict regard to make-up and dress; to perform hisservices as reasonably directed, and sustained by the Stage Manager, and toconform to the language of the script to the best of his ability; to properly care forhis costumes and props; to respect the physical property of the production and theProducer and to abide by all reasonable rules and regulations of the Producerwhich are not in conflict with the provisions of the Agreement. Repeated lateness orother infractions of the Equity rules shall subject the Actor to disciplinaryproceedings, in accordance with the Constitution and By-Laws of Equity.(C) The Producer shall have the right to require an Actor who is late for any call tomake up the time of that call on over-time hours without compensation; if any otherright is thereby invaded, the Producer will be responsible for the applicablecompensation unless the Actor waives said right. In the event of repeated latenessor other infractions of the Equity rules, a committee of five members of thecompany (three in small companies) drawn by lot, or by such other method asEquity may deem appropriate, may be formed to consider complaints.(1) Meetings of the committee shall not be held during rehearsal hours.(2) The complaint must be in writing.(3) The Actor complained of must be called to appear in person before thecommittee, and the Actor filing the complaint, shall be present if possible.(4) The committee shall read the complaint to the Actor, question him as to thevalidity of the complaint, and hear his reasons and any other statement hewishes to make.(5) Before the committee begins discussion of the complaint and theresponses, the parties shall be dismissed so that the committee can discussthe testimony in camera.(6) If, after weighing carefully all the statements and replies, the committeefinds the complaint unsubstantiated, or excuse or reasons in response to thecomplaint to override the complaint, the committee shall dismiss the complaintand notify the parties.(7) If, after weighing carefully all the statements and replies, the committeefinds the complaint substantiated, they shall immediately submit theirrecommendation to Equity for final action in accordance with the Constitutionand By-Laws of Equity.21

Rule 21. EQUITY-SPECIAL PROVISIONS21. EQUITY - SPECIAL PROVISIONS.(A) Special Power to Act for Actor.(1) Equity may represent Actors in any dispute which may arise with theProducer, and Equity may, at all times, represent Actors in relation to anymatter arising under any Employment Agreement, and when any act or requestor consent of any such Actor is provided for in such Agreement, the request,consent, or approval of Equity shall, for all purposes, be deemed the consent,request, approval or act of the Actors.(2) Whenever it is provided in any employment contract that any act or thingmay be done by an Actor at the option of, or with the consent of, or at therequest of Equity, or on the demand of or with the consent of such Actor,Equity, representing the Actor, has and is given the authority to act for and inplace of the Actor and to assert his position or make his request or demand asthe case may be, with all of the power and authority of the Actor himself,without liability to itself.(3) In all cases where, by virtue of any employment contract, the consent orapproval of Equity is required, the Association has and reserves fulldiscretionary power in giving its consent to change, modify or limit rights of anyActor under his contract, said action to be taken on behalf of the Association inwriting by either the President or Executive Director or one of the executivesespecially authorized by either of said officers to act.(B) Meetings; Privileges of Actors to Attend. The Producer shall not require theservices of the Actor for rehearsals (except in cases where dress rehearsals arebeing held or rehearsals on opening date) at any time when membership meetingsas defined in the Constitution of Actors' Equity Association are being held. TheProducer shall be notified by Equity as soon as such meetings are scheduled, butin no event shall notice be given later than two weeks prior to such meeting. Timeoff for this purpose shall not be counted as a part of that day's rehearsal.(C) Oral and Written Interpretations. Oral or telephone rulings made by Equity arenot binding upon the Association, or except with its consent, upon the Actors.Written rulings or interpretations of the employment contract or this Agreementmust be either approved or given by the President or Executive Director or one ofthe executives specifically authorized by either of said officers to act, and shall bebinding upon the Association only when said persons act within the powersdelegated to them by the Council.(D) Council Powers. Should there be any conflict between any rules or any basisfor more than one interpretation as to the meaning of any of them, the Council ofEquity has the right to determine the correct interpretation or resolve the conflict,and its decision shall be binding upon Equity and the Actors.22

Rule 21. EQUITY-SPECIAL PROVISIONSRule 22. EXCLUSIVE SERVICE OF THE ACTORRule 23. EXTRASRule 24. FORMS(E) Deputies and Representatives.(1) Each Company shall elect a Deputy. Deputies shall have the duty andobligation to report to Equity the total weekly hours worked, any overtime,and/or any violation of the rules.(2) There shall be a Deputy for Principal Actors and whenever a Chorus isemployed, there shall be a Deputy (or Deputies) for Chorus Singers andChorus Dancers.(3) Duly authorized representatives of Equity shall have free access to thestage and to all Actors at all times, inclusive of rehearsals and performances.22. EXCLUSIVE SERVICE OF THE ACTOR.Except as otherwise provided for in the contract of employment, the Actor shall notaccept any other engagement in the legitimate and/or musical comedy fields whichconflict with the Actors' duties under his contract from the date of beginning ofrehearsals and until the contract is lawfully terminated, without the written consentof the Producer. The Actor shall not have the right to accept employment intelevision, motion pictures or other employment that conflicts with the fulfillment ofhis duties under his contract.23. EXTRAS.Definition. The function of an Extra is to provide atmosphere and background only.An Extra may not be identified as a definite character, either singly or within agroup. An Extra may be required to change make-up and may be required to makefour costume changes. An Extra may not be rehearsed more than two weeksbefore the first public performance, may not speak except in “omnes,” may not sing(except with the consent of Equity in relation to a particular play), dance orunderstudy, and may not tour.24. FORMS.Equity will forward to the Producer copies of all new and/or changed forms inadvance of their promulgation. No form, including Bond or Security Agreement,issued by Equity, regardless of its contents, shall modify, affect, change, alter orinfluence the text or meaning of any rule in this Agreement.23

Rule 25. HEALTH BENEFITSRule 26. HOUSING25. HEALTH BENEFITS(A) The Producer agrees to contribute to the Equity-League Health Benefits TrustFund the sums of $130.00 or the actuarial rate, whichever is less, per week foreach Actor in its company for each and every week of employment during theperiod September 8, 2003 through September 5, 2004. For the period ofSeptember 6, 2004 through September 4, 2005, the Producer agrees to contributeto the Equity—League Health Benefits Trust Fund the sums of $135.00 or theactuarial rate, whichever is less. The Health contribution to the Equity—LeagueHealth Benefits Trust Fund for the final year of this Agreement from September 5,2005 through September 3, 2006 will be at the rate of $140.00 or the actuarial rate,whichever is less. (See Rule 27(B) Supplemental Workers’ Compensation)PLEASE NOTE: The above health rates do not include the current SupplementalWorkers’ Compensation payment. The Producer agrees to provide SupplementalWorkers’ Compensation Benefits as administered by the Equity-League HealthBenefits Trust Fund at a cost not to exceed $2.50 per Actor per week. (See 27(B)Supplemental Workers’ Compensation)(B) These monies shall be used to provide medical benefits.(C) The Producer further agrees to be bound by the Agreement and Declaration ofTrust establishing the aforesaid Health Benefits Trust Fund, including all its rulesand regulations and any and all amendments and modifications thereto, which maybe adopted by its Trustees during the term of this Agreement.26. HOUSING(A) It shall be the Producer’s obligation to provide suitable rooms for out of townActors at no cost to Actors. The Producer must supply Actor with:(1) Suitable housing shall be defined as a single occupancy room in a facilityreceiving at least a Two diamond rating by the Automobile Club of America andhaving kitchen facilities. If this room is in a hotel and kitchen facilities are notavailable, the Producer will provide or will cause to have provided a microwaveand small refrigerator in the Actor’s room. A microwave and small refrigeratorwill not be required whenever per diem is paid.(2) Out of town Actor shall be defined as an Actor whose primary residence aslisted with Equity is more than 60 miles from the theatre.(3) Should Actors with disabilities be employed, the Producer will providesuitable and accessible accommodations.24

Rule 26. HOUSING(B) In the event the Actor chooses not to exercise the said room option but choosesto drive, Actor shall receive mileage reimbursement in place of housing. Mileagewill be paid at the rate of $0.32 per mile from the first mile driven.(C) When working the allowed “10 out of 12” rehearsal hour days prior to the firstpaid public performance, any Stage Manager or Assistant Stage Manager living 35miles or more from the theatre will be provided with housing. (See Rule 55, StageManagers and Assistant Stage Managers)(D) Local Transportation.(1) In all cases where there is no available public transportation and noavailable suitable public dining and/or suitable living accommodations withinone-half mile by normal transportation route to the theatre and or rehearsal hall,the Producer shall, at its own expense, furnish round-trip transportation to theActor for all performances, rehearsals, and/or meals as the case may require.Said transportation shall be in a fully insured vehicle, operated by a fullylicensed driver, and each Actor shall be provided with a seat in said vehicle.This transportation shall be furnished in such manner that the Actor will arriveat the theatre one-half hour prior to the beginning of each performance, andpromptly for each rehearsal, and shall be available to return the Actor to hisliving quarters no later than one-half hour after each performance and promptlyafter each rehearsal.(2) It is agreed that where public transportation is available, the Actor should beable to return to his lodgings no later than one hour after he leaves the theatre.(3) Taxis may be used as viable transportation under this Agreement. If a taxiis used for transportation, Producer will pay the cost of the taxi fare.(4) In all cases where no suitable shopping facilities are available withinone-half mile of housing or normal transportation routes, the Producer shallprovide round-trip transportation to such shopping facilities once a week atposted times. This trip shall be to an area of diversified shopping, including abona fide supermarket, laundry facilities, hair care facilities, and a licensedpharmacy.(5) It shall be the Producer's obligation and responsibility to locate and reservesuitable living accommodations at reasonable cost for all Actors employed; andeither to have the Actor met on his arrival in the town, or to instruct him inadvance where to go on arrival.(6) If housing provided is found to be in an unsafe area and publictransportation is not available, Producer will arrange transportation as providedin (1) above.(E) The securing of housing and transportation shall not be the responsibility of theStage Managers and/or Assistant Stage Managers. (See Rule 55, Stage Managersand Assistant Stage Managers)25

Rule 26. HOUSINGRule 27. INJURY AND SUPPLEMENTAL WORKERS’ COMPENSATIONRule 28. JUVENILE ACTORS(F) The Producer shall not be responsible for the room and board of relatives orpets.(G) Per Diem.(1) Each member in a production performing away from the theatre shallreceive no less than $90.00 dollars per day for expenses of room and board.(2) When the room cost (including applicable taxes but excluding all other hotelcharges) for an Actor exceeds 50% of the required per diem then the Producershall reimburse that Actor for the excess over said 50% except where the Actorelects to arrange for his own accommodations.27. INJURY AND SUPPLEMENTAL WORKERS’ COMPENSATION.(A) The Producer agrees to obtain and maintain Workers' Compensation InsuranceCoverage for all Actors in its employ. Failure to obtain Workers’ CompensationInsurance shall make the Producer individually liable to the Actor for paymentsequivalent to any Workers’ Compensation lost. This obligation shall survive thetermination of the Actors contract of employment. The Producer will furnishWorkers’ Compensation Claim Forms to the Stage Manager on the first day ofemployment. The Actor must report all accidents to the Stage Manager, Deputyand Producer or his designated representative.(B) Supplemental Workers’ Compensation. The Producer agrees to provideSupplemental Workers’ Compensation Benefits as administered by theEquity-League Health Benefits Trust Fund at a cost not to exceed $2.50 per Actorper week. Supplemental Workers’ Compensation is payable in addition to Workers'Compensation for an injury received in the course of employment. A schedule ofbenefits can be obtained at the Equity office.(C) Reports and Accidents. Within 24 hours of each occurrence, the Actor shallreport all accidents and injuries to the Stage Manager (who shall inform Equity) andthe Producer or the Producer’s representative.28. JUVENILE ACTORS.(A) Separate dressing rooms for male and female juvenile performers (whetherworking under an Equity Agreement or not) will be provided and shall be separatefrom the adult performer’s (whether working under an Equity Contract or not)dressing rooms.(B) When performers under the age of 16 (“Juvenile Actors”) are employed on anEquity contract by a Producer, the Producer agrees to establish a program inconsultation with the Juvenile Actor's parents or guardian and school which will26

Rule 28. JUVENILE ACTORSRule 29. LAWS GOVERNINGRule 30. NON-DISCRIMINATIONRule 31. NON-PROFESSIONALSprovide (1) the security and proper supervision of the Juvenile Actor to thesatisfaction of the Juvenile Actor's parents or guardian and Producer, and (2) theproper education of the Juvenile Actor to the satisfaction of the Juvenile Actor'sparents or guardian, school and Producer. A rider shall be attached to the contractoutlining the program.29. LAWS GOVERNING.(A) All contracts of employment shall be subject to, be construed by, and all therights of the parties thereto shall be determined by the laws of the State ofCalifornia, except as otherwise may be provided.(B) If there are any valid provisions of law applicable to a contract of employmentwhich are in conflict herewith, the provisions of the contract which conflict therewithshall be deemed modified in conformity with the provisions of such applicable laws.(C) If any provision of this Agreement shall be held invalid or unlawful by anytribunal of competent jurisdiction, the remaining provisions shall not be affectedthereby, but shall remain severally valid, binding and in full force and effect.30. NON-DISCRIMINATION.(A) There shall be no discrimination against any Actor or applicant for a part in acast by reason of race, color, creed, sex, national origin, sexual orientation, age,disability, political persuasion, or belief. A claimed violation of the section, unlesssatisfactory resolved between Equity and the Producer, shall be submitted toarbitration. In the event the arbitrator determines that discrimination has beenpracticed, he shall have the authority to direct reinstatement or employment as thecase may be, and/or assess such monetary damages, not to exceed contractualsalary lost, as in his opinion will make the Actor or applicant whole for such financialloss as he may have suffered by reason of said discrimination.(B) The Actor shall not perform, other than in connection with hiring practices ascover by (A) above, in any theatre or other place of performance wherediscrimination is practiced because of race, color or creed against any Actor oragainst any patron as to admission to or seating in such theatre of other place ofperformance.31. NON-PROFESSIONALS.(A) The Producer may employ non-professionals (Equity Membership Candidates,students and local jobbers) who are not members of any branch of the 4 A's and/orwho have not been members of a performers' union outside the United States.27

Rule 31. NON-PROFESSIONALS(B) The Producer shall register with Equity a non-professional registration form foreach non-professional associated with the production. This form must be signed bythe non-professional and state that he is not a member of any branch of the 4 A'snor a member of a performer's union outside the United States.(C) Equity Membership Candidate. An Equity Membership Candidate (EMC) is anon-professional who is interested in obtaining training for the theatre and whointends to make a career in the professional theatre and is properly registered withEquity. No non-professional may be a Stage Manager or an Assistant StageManager.(1) A bona fide work week for the Equity Membership Candidate shall bedefined as any week in which the Equity Membership Candidate actuallyattends rehearsals, rehearses, understudies or performs with the EquityCompany and shall be so reported on the weekly report. (See Rule 45(C),Reports)(2) An Equity Membership Candidate who completes 50 workweeks will beeligible to join Equity. Such eligibility will remain open for a period of five yearsfollowing the fiftieth week. However, after accruing 50 work weeks (or asprovided in paragraph (3) below), and during this five-year period of eligibility,no Membership Candidate may be engaged by a Producer unless signed to anEquity contract.(3) An EMC Candidate who is a member of any other 4A’s union whocompletes 25 weeks will be eligible to join Equity.(4) An Equity Membership Candidate who completes the required number ofworkweeks as specified in paragraphs (2) and (3) above during the period of aproduction will be allowed to complete the production as a non-professionalprovided that the work assignment in that production remains the same.(5) When there is a separate Stage Manager and Assistant Stage Manager forthe production, one production assistant may earn Equity MembershipCandidate credit assisting the Stage Manager and one production assistantmay earn Equity Membership Candidate credit assisting the Assistant StageManager. Credit shall be earned only in those weeks in which the productionassistant is at all times either directly assisting or assigned by the StageManager or Assistant Stage Manager in the performance of his stagemanagerial functions.(D) Local Jobber. A local jobber is a non-professional who is a bona fide resident ofthe community in which the theatre is located (within a 50-mile radius) and whodoes not intend to make a career in the professional theatre.(E) Failure by Producer to File Equity Non-Professional Registration Forms shallconstitute a breach of this agreement entitling Equity among other things and28

Rule 31. NON-PROFESSIONALSRule 32. NON-TRADITIONAL CASTINGRule 33. NO STRIKE OR LOCK-OUTwithout limitation to refuse to release the balance of the security deposited withEquity until the above requirement is met.(F) No Actor may be replaced by a non-professional.(G) Use of Non-Professionals.(1) Non-Professionals may be used only if the required number of Equitycontracts are utilized as follows: Effective September 8, 2003 throughSeptember 3, 2006, each production of the Producer will have no fewer than 20Equity contracts, of which one will be for the Stage Manager, one will be for theAssistant Stage Manager, and no fewer than eight will be for Chorus.(2) If a production is also scheduled to tour to other venues all performers mustbe under Equity contract from the time of first rehearsal (see Rule 59, Tours.)(3) An Equity performer shall not be permitted to partner or be partnered by anon-Equity performer for lifts or any other type of movement that Equity mayconsider hazardous.32. NON-TRADITIONAL CASTING.(A) It is the desire of the parties that employment for Actors shall continue to reflecta multi-racial society that also includes persons with disabilities. Toward that end,the Producer will continue to encourage to the best of its ability a flexible andimaginative casting policy which is called “non-traditional casting.” Non-traditionalcasting is for the purpose of increasing employment for ethnic minority Actors(African-American, Hispanic-American, Asian-American and Native American),female Actors, senior Actors and Actors with disabilities and is for the casting ofethnic minority Actors, female Actors, senior Actors and Actors with disabilities inroles where race, age, ethnicity, gender or the presence or absence of a disability isnot absolutely essential to the play or the character’s development.(B) In furtherance of this policy, the Producer will actively solicit the participation ofethnic minorities and persons with disabilities in all ads, casting notices and castbreakdowns to agents and casting directors.(C) In furtherance of the foregoing policy, the Producer recognizes that all roleswhere race, ethnicity, gender or disability is not germane shall be open to nontraditionalcasting. Each Producer shall include its non-traditional casting policy incasting notices and cast breakdowns to agents and casting directors.33. NO STRIKE OR LOCK-OUT.(A) There shall be no strike, boycott, interruption of work, stoppage, temporarywalk-out or lock-out for any reason during the term of this Agreement except that if29

Rule 33. NO STRIKE OR LOCK-OUTRule 34. NUDITYRule 35. PENSIONeither party shall fail to abide by the decision of the Arbitrator under Rule 4,Arbitration, of this Agreement, after receipt of such decision, then the other partyshall not be bound by this provision.(B) The parties agree as part of the consideration of this Agreement that neitherEquity, nor any of its officers, agents or members, shall be liable for damages forunauthorized stoppages, strikes, slowdowns or suspensions of work if:(1) Equity gives written notice to the Producer and the company Deputy within24 hours of notice from the Producer of such action, that it has not authorizedthe stoppage, strikes, slowdown or suspension of work; and(2) Equity further cooperates with the Producer in getting the employees toreturn and remain at work.(C) It is recognized that the Producer has the right to take disciplinary action,including discharge, against any Actor who engaged in any unauthorized strike orwork stoppage, subject to Equity's right to submit to arbitration in accordance withthe Agreement, the question of whether or not the Actor did engage in anyunauthorized strike or work stoppage.(D) Nothing in this rule, or otherwise, shall be deemed to prohibit or inhibit Equityand/or its members from taking any action it deems necessary, including, but notlimited to, striking, picketing or other concerted activity, to enforce the payment ofagreed minimum and/or contractual salaries and/or the payment of agreed Pensionand Health contributions by the Producer.(E) It is agreed that Equity cannot guarantee that its members will pass through apicket line if any union or unions or organized groups of employees are on strike orare locked out. This Agreement shall not be considered breached by Equitybecause of the failure or refusal of members of Equity to pass through a picket lineunder the circumstances described above. Equity and its members shall only beconsidered responsible for performance of work if the employees can perform theirwork without molestation or interference.34. NUDITY.Any production with nudity shall be subject to prevailing rulings by Equity withregard to auditions, rehearsals, performance and photographs.35. PENSION.The Producer agrees to participate in the Equity-League Pension Trust Fund and toabide by all its rules and regulations. Producer agrees to make weeklycontributions thereto in an amount equal to 8% of all gross payments made to the30

Rule 35. PENSIONRule 36. PERFORMANCE LOSTRule 37. “PRE-BROADWAY”/PRODUCTION TRYOUTSActor up to a maximum of $5,500.00 for each Actor in each and every workweek ofemployment from September 8, 2003 – September 3, 2006. This shall not includethe minimum required per diems or the minimum required costume rentals. WithEquity's consent, uniformly higher per diems given to the entire company may beexcluded.36. PERFORMANCE LOST.If the company cannot perform because of fire, accident, strike, riot, Act of God, orthe public enemy, which could not be reasonably anticipated or prevented, then theActor shall not be entitled to any salary for the time during which Actor’s servicesshall not for such reason or reasons be rendered and either party may terminatethis contract.In the event the Producer believes that rehearsals or performances can beresumed in a period of 10 days or less and requires Actor to remain underemployment, the Actor shall receive the following:(1) 1/6 of minimum salary for each rehearsal day lost or 1/8 of minimum salaryfor each performance lost. Actor shall receive 1/8 of contractual salary for eachadded performance not to exceed nine performances in a workweek or sixperformances in three days. If Actor is paid a per diem, he will be paid one-halfhis per diem payment for each day lost.(2) Should any of the foregoing conditions continue for a period of ten days ormore, either party may terminate the contract, and the Producer shall pay for allservices to date and return transportation for Actors.37. “PRE-BROADWAY”/PRODUCTION TRYOUTS.Should the Producer produce a production in which it accepts financialcompensation, gifts, or investment from the entity or individual who holds the firstclass rights to that production and uses the facilities of the WCLO Producer, theProducer agrees to the following conditions:(A) The Producer will have the first class rights holder sign and submit to Equity, ona form provided by Equity, an agreement to offer all Equity contract employeesengaged in the WCLO production a right of first refusal in the subsequentproduction for the individual’s role or function. Failure to offer any such Actor thesubsequent contract will require payment by the first class rights holder of no lessthan four weeks minimum salary under the Production Contract or four weekscontractual salary under the WCLO Contract, whichever is greater.(B) After official opening, all rehearsal of material not performed at the first paidpublic performance will be paid at the overtime rate. After opening, the Understudy31

Rule 37. “PRE-BROADWAY”/PRODUCTION TRYOUTSRule 38. PRODUCTION PROSECUTEDwill be paid overtime to learn new material, whether at the same time as the Actorhe understudies or at a separate rehearsal. However, once the Actor has learnedthis new material, he will not receive additional overtime for continued understudyrehearsals or for put-in rehearsal.(C) No group sales presentations, except those for the WCLO production, may bemade without the prior consent of Equity, under terms established by Equity, andwith no less than 48 hours written notice to Equity(D) The production will be cast 100% under Equity contract from the time of firstrehearsal.(E) Three days of Equity Auditions will be held. (See Rule 5, Auditions andInterviews)38. PRODUCTION PROSECUTED.(A) Should the production or performances in a production in which the Actor isengaged be complained of as being in violation of any statute, ordinance or law ofthe United States, or any state or any municipality in any state, and should a claimor charge, either civil or criminal, be made against the Actor arising out of hisemployment in such production, the Producer shall defend the Actor at theProducer's own expense, or shall pay any and all reasonable charges made orincurred by the Actor in his defense, and indemnify the Actor against any loss ordamage which he may suffer, arising out of his employment in any such production.This rule does not apply to acts other than in the course of employment unlessdirected by the Producer or its representative.(B) It is specifically agreed and understood between the Actor and the Producer thatthe language, business and costuming of the play are under the control anddirection of the Producer and author, who according to custom, can at any timeerase or amend the scenes and lines, and that consequently the Actor has nocertain method of knowing during rehearsals, whether in its final presentation theplay is susceptible of being considered immoral or indecent. Therefore theProducer represents to the Actor that the play as produced shall not violate any lawor give offense which is punishable by any law, and expressly agrees that should itor the author be arrested or summoned on such charges, that (Equity consenting)the Actor may terminate the engagement forthwith. Upon such termination theProducer shall pay to the Actor forthwith, all sums due under this Agreement plusone week's salary, as compensation for the termination of the engagement withoutnotice, but in no event shall the Actor receive less than a total of two weeks’ salary.(C) This rule shall not apply to any case or any set of conditions where itsenforcement would be illegal or against public policy. In the case of an arrest onaccount of the nature of the play or its production, the Producer shall forthwith32

Rule 38. PRODUCTION PROSECUTEDRule 39. PROGRAM AND SOUVENIR PROGRAMfurnish bail for the Actor; and, in the event of its failure to do so, or for any breach ofthis rule, the Producer shall pay to the Actor (Equity consenting) the sum of$1,000.00. After an arrest, the Actor may demand a suspension of performancepending a determination, and such suspension shall not terminate or otherwiseaffect the terms of the agreement, unless Equity shall otherwise order.39. PROGRAM AND SOUVENIR PROGRAM.(A) A free program shall be given to all patrons at each performance. All Actors onEquity contract must have a picture and biography in the program together withtheir roles and/or functions.(B) All Actors on Equity contract in the production shall be listed either on the titlepage or on the first page on which there is a complete cast listing. On the pagewhere the complete cast is listed all members of Actors' Equity will be asterisked (*)to a statement that they are “Members of Actors' Equity Association, the Union ofProfessional Actors and Stage Managers in the United States.”(C) The Dance Captain shall receive billing on the page where the complete cast islisted.(D) Actor’s Biography.(1) The Actor shall have the right of approval of biographical material for theprogram and souvenir program. Approval must be in writing, and shall not beunreasonably withheld. Biographical material not disapproved within 24 hoursof its submission to the Actor shall be considered approved. Parties agree touse best efforts to limit biographies to biographical data and performancecredits.(2) In the event that there are errors or omissions in the printed cast listing inthe program and/or souvenir program, the Producer agrees, upon receipt ofnotice of an omission or error in such cast listing, it will, within 24 hours(including at least one business day), place in the program and/or souvenirprogram a photocopied or printed slip correcting the omission or error and willalso correct the omission in the next printing of the program and/or souvenirprogram, provided such notice is given at least 24 hours prior to the pressdeadline.(3) For each failure either to place a correction slip in the program and/orsouvenir program, as stipulated above, or to correct the program and/orsouvenir program cast listing at the next printing, after proper notice, theProducer shall pay the Actor involved a sum equal to 1/8 of the Actor'scontractual salary for each week or part thereof during which the omission orerror continues.33

Rule 39. PROGRAM AND SOUVENIR PROGRAM(E) Equity Bio. The Producer agrees to include biographical material about Actors’Equity in said program or playbill, of no more than 50 words, as specified by theunion.(F) The Producer agrees to include the following wording on the cast page in theprogram: “This Theatre operates under an agreement with Actors' EquityAssociation, the Union of Professional Actors and Stage Managers in the UnitedStates.” The Producer has the option to include the Equity Logo, and will besupplied with a “cut” by Equity, when requested.(G) Changes in Cast.(1) The Producer shall use its best efforts to delete promptly the name of theActor from advertising and publicity matter after the Actor leaves the company.(2) All understudies and their roles must be listed in the program unlessrequested by the understudy not to be listed.(3) When the Producer knows that an Understudy will take the place of aPrincipal Actor or Chorus playing a part before “half hour,” in a production, anannouncement to this effect shall be made in two out of the following threeways:(a) Through the insertion of a printed slip in all programs.(b) By means of an announcement from the stage.(c) By means of a sign conspicuously and prominently posted at theentrance to the theatre at the place where tickets of admission arecollected. This sign shall be at least 8 X 10 inches in size, with letters atleast one inch high.(4) When the Producer doesn’t know that an Understudy will take the place of aPrincipal Actor or Chorus playing a part, until after half hour, in a production anannouncement to this effect shall be made from the stage and Producer willmake best efforts to post the announcement as covered in 39(E)(3)(c) above.(5) In all the above cases, such announcements shall include the role(s), thename of the Actor playing such role(s) and the name of the Actor replacedunless the Actor replaced requests, in writing, the omission of his name.(6) For each failure to give the required notice of substitution, the Produceragrees to pay the Actor, whose part is played by an Understudy or anotherActor, and also the Understudy or other Actor, an additional sum equal to 1/8 ofActor’s own weekly salary.(7) Required to Alternate.(a) Unless Equity shall otherwise order, the Producer shall not require theActor to alternate with an Understudy or a successor, and if replaced byeither without the Actor's consent, the Actor may not be thereafter required34

Rule 39. PROGRAM AND SOUVENIR PROGRAMRule 40. PROPERTY40. PROPERTY.(unless Equity otherwise orders) to act again in the part or to report to thetheatre for that purpose. Payments, however, shall continue to be made tohim according to the terms of his agreement.(b) However, an Actor may agree in a rider to his contract to alternateperformances with another Actor. Notice that a role is being performed bymore than one Actor must be stated in the program and the Actorperforming must be properly identified. If such notice is not included in theprinted program, then any change of cast must be announced inaccordance with (3) above.(A) The Producer shall reimburse the Actor for all loss and/or damage to:(1) Actor’s property used or to be used in connection with a production orproductions covered by his employment contract.(2) The personal clothing worn by the Actor to the theatre.(3) The personal effects of the Actor, including his baggage and eyeglasses,while any such property is in the possession or control or under the supervisionof the Producer, or any of its representatives, agents, or employees, or whilesaid property is in any theatre, building, or other place in which the production(or productions) covered by the Actor's agreement has been, or is being given,or is to be given, or when any such property or personal effects have been inany way shipped, forwarded, or stored by the Producer or any of itsrepresentatives, agents, or employees, up to a limit of $10,000.00 for theActor's personal effects and clothing and up to a limit of $1,500.00 for theActor's jewelry; except that, if the Producer provides facilities for safekeepingthe Actor's personal valuables, jewelry, and/or cash, not used in the production,while said articles are in any theatre, the Producer shall be liable for loss and/ordamage only if said personal valuables, jewelry, and/or cash are given to theProducer or its agent for safe-keeping. In this regard, the Producer agrees toprovide facilities for safekeeping of said articles, and to inform all Actors ofsame and of the necessity for using such facilities under the provisions of thisrule by a written notice posted on the callboard.(B) The Producer shall be liable as hereinabove provided, whether or not the act,fault, or negligence of the Producer, its representatives, agents, or employeescaused or contributed to such loss or damage. The Producer, however, shall notbe liable for any loss or damage to the property of the Actor while said property isunder the sole and exclusive control and supervision of the Actor.(C) Except as above provided, the Producer shall not be responsible for any lossand/or damage to the personal property of the Actor, over and above the limitations35

Rule 40. PROPERTYRule 41. RECORDINGSRule 42. REHEARSAL, PERFORMANCE, AND OTHER WORK RELATED RULESherein set forth, and whereas to such property it is the duty of the Actor if hedesires to protect himself against loss to insure the same. The Producer may meetthe foregoing obligations by maintaining adequate and sufficient insurancecoverage, which shall provide the same protection as the Producer hereby,assumes. Upon the direct payment of any damage or loss to the Actor by theProducer, the Producer or the Insurer shall be subrogated to all rights of the Actorto the extent of such payment.41. RECORDINGS. (Use in Production)(A) The Actor shall not be required to work in any production where recordings areused to supply dialogue, singing and chanting, or business where living actorsmight be employed, unless the Producer shall have first obtained the writtenconsent and permission of Equity, and shall comply with all such terms andconditions as Equity may prescribe.(B) Provided he agrees in his contract, a Principal Actor may record, film or tape aportion of the role that he performs on stage for use in the production. The record,film or tape may be used only during the period in which the Actor is employedexcept where the Actor voluntarily terminates his employment and where saidActor's voice is not identifiable, and must be made during the regular rehearsalhours.42. REHEARSAL, PERFORMANCE, AND OTHER WORK RELATED RULES(A) Workweek, Work Day and Rehearsal.(1) A workweek shall mean from and including Monday through Sunday.(2) The Producer must schedule an on-stage technical run-through without anaudience prior to the first paid public performance.(3) During rehearsal weeks the total workweek shall not exceed 45 hours ofwhich no more than 42 hours may be for rehearsal.(4) The workday during the above is limited to seven out of eight and one-halfhours.(5) At the Producer’s option, a six-hour rehearsal block may be utilized for amaximum of three days in any work-week, provided the following conditions aremet:(a) A ¾ majority cast vote, by secret ballot, at the first rehearsal shall berequired for use of a six-hour rehearsal block in combination with thestandard rehearsal schedule.36

Rule 42. REHEARSAL, PERFORMANCE, AND OTHER WORK RELATED RULES(1) The six-hour rehearsal block shall constitute the entire workschedule for the day.(2) Each six-hour rehearsal block shall replace a typical seven out ofeight and one-half hour rehearsal schedule.(b) Within the six-hour rehearsal block, there shall be 40 minutes of breaktime to be distributed in accordance with section (D)(2) below, except thatone break shall not be less than 20 minutes.(6) During the seven days prior to the first paid public performance,notwithstanding the above, rehearsal can consist of the following:(a) Four days of “10 out of 12” rehearsal hour days.(b) Three days of “7 out of 10” rehearsal hour days.(7) Rehearsal period for each production shall be a minimum of two weeks inlength.(8) The Stage Manager will receive overtime any week in which he exceeds themaximum hours allowed the Actors by more than 15 hours in non-rehearsaland/or performance duties.(9) Except for days of two performances when one is an early studentperformance, the span of the workday shall not exceed 12 consecutive hours.(See 42 (B)(6)(10) Between the first paid public performance and official opening:(a) Rehearsals may be five hours per day on a one-performance day.(b) No rehearsal may be held on a two-performance day.(c) The above rehearsals shall be limited to three days.(1) Not withstanding the above, rehearsal days may be increased to nomore than seven days provided that one full day off is given in eachworkweek.(11) After official opening, rehearsals may not exceed eight hours per week forbrush-up or replacements. Up to four hours of the eight allotted above may beused for rehearsing new material during the first two full workweeks afteropening. (See Rule 37(B), “Pre-Broadway”/ Production Tryouts). Forunderstudies and Dance Captains, after official opening, a total of ten hoursrehearsal is allowed.(12) Absent special circumstances, changes in the rehearsal call may be madeonly upon 24 hours written notice.(13) Time shall be set aside for the cast to conduct Equity business during thefirst three days of rehearsal, not to exceed a total of one-half hour. Such timeshall not be considered part of the official rehearsal hours.37

Rule 42. REHEARSAL, PERFORMANCE, AND OTHER WORK RELATED RULES(B) Performances.(1) There shall be no more than eight performances in any week withoutadditional compensation. Notice of the regular performance schedule and anyadditional performances known by the Producer shall be posted at theProducer's announced auditions. A rider describing the regular performanceschedule and known additional performances shall be attached to the Actor'scontract at the time of contract signing.(2) Notification of Performance Schedule Change.(a) The Actor shall be notified of any change of the performance scheduleat least two weeks in advance, except in an emergency when a shorternotice period agreed to by a majority of the cast shall be permitted.(b) When a Theatre's performance schedule is less than eightperformances per week, the Actor must receive no less than one week'snotice of the addition of performances up to the permitted eight theProducer shall give notice at the time of scheduling such additionalperformance(s) but in no event less than one week's notice.(3) There shall be no more than two performances in any day nor more thanfive performances in any three-day period. The total number of hours workedon a two-performance day, including “half-hour,” shall not exceed nine hours.(4) A ninth performance shall be paid for at the rate of 2/8 of weekly contractualsalary except when said performance is a school matinee, community/charitybenefit, in which the payment will be 3/16 of weekly contractual salary.(5) A canceled regularly scheduled performance may be exchanged for threeand one-half hours of rehearsal.(6) Any performance which begins prior to 12:00 noon (except to pre-school orstudent audiences) or which continues beyond 1:00 A.M. shall be paid for at therate of an additional 2/8 of weekly contractual salary. If there are to be anyperformances prior to 12:00 noon, the Actor shall be so advised at the time ofaudition or interview. In the event the Actor is engaged without audition orinterview, the Actor shall be so advised at the time of contract signing. In eitherevent, a rider must be attached to the contract. Should there be no rider, theActor shall not be required to perform without the express consent of Equity.(C) Costume Calls, Photographs and Publicity.(1) In addition to rehearsal time, but within the maximum hours of the workweekas outlined in paragraph (A)(3) above, the Producer may schedule a combinedtotal of no more than six hours for costume and/or photo calls per production.(2) Costume calls must be consecutive with rehearsal hours and must becalculated in segments of no less than one-half hour. Combined costume calls38

Rule 42. REHEARSAL, PERFORMANCE, AND OTHER WORK RELATED RULESand rehearsal hours may reach a maximum of six consecutive hours without abreak.(3) The Producer may require the Actor to pose not only for customary andusual photographs, but also for photographs to appear in magazines ornewspapers for the sole purpose of publicizing and advertising the play. Saidphoto session may take place on a one performance day, or before or afterrehearsal, subject to the limitations as set forth herein, or during the authorizedrehearsal hours, but in no event during auditions, or on a two performance day,or after the evening performance on a day immediately preceding the day off.(4) There shall be no more than one picture call in any week and of no lessthan one-half hour duration. The Actor shall receive no less than 24-hournotice of a picture call. However, combined photo and rehearsal hours mayreach a maximum of six consecutive hours without a break.(5) If the picture call takes place after a performance, refreshments shall bemade available to the Actor at the Producer's expense. No photo call mayextend beyond 1:00 A.M.(6) If the photographs are taken at a time other than hereinabove specified, or ifthe limitation in the number of calls in section 4 above is exceeded, the Actorshall be paid not less than an additional 1/8 of his weekly contractual salary foreach day or part thereof in which the photo session takes place.(7) The Actor's name shall be properly credited whenever and wherever thephotographs are used and/or distributed by the Producer, except in a groupphotograph of more than five the Producer shall use its best efforts to insurethe crediting of photographs not under the Producer’s control.(8) The Actor shall have the right of approval of all individual non-productionphotographs of Actor used or distributed by the Producer and under its control.If the Actor withholds his permission, he may be required to supply his ownphotographs.(9) The Producer shall reimburse the Actor for all reasonable personalexpenses incurred in connection with personal and publicity appearancesinitiated or required by the Producer.(10) Actor’s Picture Used in Conjunction With Commercial Product.(a) The Actor's picture may not be used in conjunction with a commercialproduct unless the Producer has obtained the Actor's prior writtenauthorization identifying the product involved.(b) Actor shall be paid no less than $100.00 for said use.(c) Actors called to a picture call, for the purpose described above, whetherat the theatre or elsewhere, shall be paid no less than $100.00 per hour,and Actor shall receive 24 hours notice for the picture call.39

Rule 42. REHEARSAL, PERFORMANCE, AND OTHER WORK RELATED RULES(11) Equity Logo. The producer agrees to use best efforts to place the EquityLogo or name on all Producer-generated marketing and promotions in allproductions that are either produced or presented by the Producer whereEquity Actors are employed.(D) Breaks, Rest Periods, Days Off.(1) There shall be a break of no less than one and one-half hours after fiveconsecutive hours of work except as provided in paragraph (C)(2) and (C)(4)above. If the Producer has no objection, the Stage Manager may conduct acast vote to may reduce this break to one hour. This Stage Managerprerogative shall be exercised solely for the convenience and at the request ofthe company by a 2/3-majority secret ballot vote of the Actors on Equitycontracts in the company.(2) Except during run-throughs and dress rehearsals, there shall be a break offive minutes after no more than 55 minutes of rehearsal or ten minutes after nomore than 80 minutes of rehearsal for each member of the company. Duringnon-stop run-throughs, there shall be a break of not less than ten minutes atthe intermission point(s).(3) There shall be a break between the rehearsal, photo/costume, and “halfhour” call of at least one and one-half hours. In the event that such break isonly one and one-half hours, Actors must have access to a food menu to makefood available and delivered at Actor’s expense at break time. No break shallbe required should the only rehearsal call for the day be for one hour or lessprovided the Producer schedules it just prior to half-hour and provided that ineach instance there is a unanimous, secret-ballot cast vote from each Actorinvolved in the rehearsal.(4) There shall be no less than one and one-half hours and no more than threehours between curtain down and a rehearsal call. The rest period may bereduced or extended by a cast majority, secret ballot vote.(5) There shall be no less than a 12 hour rest period between the end ofemployment on one day and the beginning of employment on the next day (seeRule 55 (E), Stage Managers and Assistant Stage Managers), for StageManager's Breaks.)(6) There shall be a one and one-half hour rest period exclusive of half-hour,between performances.(7) There shall be one full day off each workweek except for the workweekcontaining the first paid public performance when there shall be a daylight dayof rest.(a) A full day off shall be 24 hours in addition to the regular rest periodrequired at the end of each workday. In the event that Producer requiresActor to rehearse on his day off, Actor will be paid 2/6 of his rehearsal40

Rule 42. REHEARSAL, PERFORMANCE, AND OTHER WORK RELATED RULESsalary for such work prior to first paid public performance and 2/6 of hiscontractual salary thereafter. In the event that Producer requires Actor toperform on his day off, the Actor shall receive 2/8 of his performance salaryunless it is the ninth performance of Actor’s workweek, in which case he willreceive 3/8 of his performance salary.(b) A daylight day of rest means from the end of work on one day until 7:00P.M. of the following day. In the event that Producer calls Actor on adaylight day of rest prior to 7:00 PM, Actor will receive double overtimepayment with a four-hour minimum payment.(c) There shall be no call of any kind after the evening performance on aday immediately preceding the day off.(8) Notification. As soon as the Producer is aware of a possible change, but inno event less than 72 hours, written notice must be given to change the day off.(9) On Thanksgiving and Christmas, an Actor whose contractual salary is lessthan $5,000.00 per week shall receive holiday pay in addition to Actor's weeklycontractual salary as follows:(a) If one performance is scheduled on that holiday, 1/16th minimum salaryfor Actor's own category;(b) If two performances are scheduled on that holiday and Actor performsboth, 3/32nds of said minimum salary; and(c) If two performances are scheduled on that holiday and Actor performsonly one, 1/32nd of said minimum salary.(10) When on tour, the company shall not be required to rehearse until threehours after arrival at hotel, except in the case of replacements. Whentransportation is directly to the Actor’s hotel and travel time does not exceedthree hours from point of departure, two hours shall comprise the aforesaid restperiod. See Rule 59(C)(3)(n) TOURS.(E) Notes.(1) Note sessions may be held after no more than four preview performances.Two of these note sessions may be called at the sole discretion of the directorand two shall require the Actor's approval.(2) Note sessions shall be limited to one hour from curtain down and that hourshall be deducted from the next rehearsal day. The first 15 minutes only ofthese note sessions may be used for rehearsal with the orchestra.(3) Note sessions may not be held between “half hour” and end of show, exceptin cases of replacement, safety or emergency.(4) Note sessions may be held only on a one-performance day.41

Rule 42. REHEARSAL, PERFORMANCE, AND OTHER WORK RELATED RULESRule 43. REOPENING OF A PLAYRule 44. REPLACEMENT OF THE ACTORRule 45. REPORTS(5) Individual Actor notes may not be posted on the Callboard, except in asealed envelope.43. REOPENING OF A PLAY.A play, once closed, shall not be reopened for rehearsal or performance withineight weeks of the date of its closing under any Equity contract other than theWCLO without the written consent of Equity and under such terms as stipulated byEquity. Such consent, upon equitable terms and conditions, shall not beunreasonably withheld.44. REPLACEMENT OF THE ACTOR.(A) Unless Equity shall otherwise order, the Producer shall not require the Actor toalternate with an Understudy or a successor, and if replaced by either without theActor's consent, he may not be thereafter required (unless Equity otherwise orders)to act again in the part or to report to the theatre for that purpose. Payments,however, shall continue to be made to him according to the terms of his agreement.(B) However, an Actor may agree in a rider to his contract to alternate performanceswith another Actor. Notice that a role is being performed by more than one Actormust be stated in the program and the Actor performing must be properly identified.If such notice is not included in the printed program, then any change of cast mustbe announced in accordance with Rule 39 (G) Program and Souvenir Program.(C) Permanent Replacement. If a Principal Actor's employment is terminated, acontract for the replacement must be negotiated and signed between the Producerand the understudy or other replacement no later than two weeks after thePrincipal's last performance in the production (see Rule 31 (F), Non-Professionals).45. REPORTS.(A) W-2 Forms. W-2 Forms must be furnished to the Actor. Equity may in itsdiscretion, at any time, require the Producer to submit proof satisfactory to it that allActors employed are given a withholding tax receipt (W-2 Form) and statement ofSocial Security deductions for the entire season.(B) On the first day of rehearsal, each Actor shall receive a kit containing allinformation regarding state and local taxes and all forms applicable to same or, ifnot immediately available, information as to where such forms may be obtained.(C) Weekly Reports and Payments to Equity.42

Rule 45. REPORTSRule 46. RISK46. RISK.(1) By the Friday following the first week of employment and by each Fridaythereafter, the Producer shall and must furnish Equity, on forms supplied byEquity for that purpose, the following:(a) Pension and Health Reports listing all Actors and all non-professionalcast members employed in the production with the appropriate Pensionand Health payment included.(b) Working Dues Reports listing all Actors working under an Equitycontract with the appropriate Working Dues payment.(c) A Show Program. (When available)(d) Cast changes (program insert, when applicable).(2) The Producer, for each week of failure to file the reports, shall pay to theActors' Equity Foundation, the sum of $25.00. Failure to file the above reports,moreover, shall constitute a breach of this Agreement entitling Equity, amongother things and without any limitation, to refuse to release the balance of thesecurity deposited with Equity until the above requirements are met.(3) If within four weeks of receipt of such reports, Equity fails to notify theProducer of a possible violation based upon that report, or fails to requestfurther information, Equity shall not thereafter take any action or make anyclaim based upon it.An Actor called upon to perform “risk” shall receive no less than $15.00 per weekabove contractual salary, such payments to start at the time that such risk activitybegins.(A) “Risks” are defined as, but not limited to: performing acrobatic feats; suspensionfrom trapezes, wires, or like contrivances; the use of or exposure to weapons, fire,pyrotechnic devices; excessive amounts of smoke and fog, and the taking ofdangerous leaps, falls, throws, catches, knee drops, or slides; and performing onmoving set pieces or on elevated platforms.(B) An Actor shall also be deemed to be eligible for “risk” payment when the stagingor choreography requires the Actor to execute dance movements which depart fromthe accepted techniques of movement and support as used in contemporarytheatre dance, i.e., classical ballet, modern jazz or ethnic.(C) The initial determination as to the eligibility for the said additional compensationshall be made by Equity in each particular case.43

Rule 47. SAFE AND SANITARY PLACES OF EMPLOYMENT47. SAFE AND SANITARY PLACES OF EMPLOYMENT.The Producer agrees to provide the Actor with safe and sanitary places ofemployment.(A) Dressing Rooms. Separate dressing rooms for male and female Actors will beprovided.(1) Dressing rooms (except quick-change booths) shall be of a permanent type,and shall not be only under canvas.(2) Each Actor shall be provided sufficient and suitable dressing table space noless than 30 inches. All dressing rooms shall be properly heated and shallhave adequate lights, mirrors, shelves and wardrobe hooks for Actor’s make-upand dressing equipment. All dressing rooms shall be swept daily, and allmirrors, dressing tables, and dressing rooms shall be thoroughly cleaned daily,prior to the Actor’s occupancy of the dressing room.(3) Use of fluorescent lighting for make-up purposes is prohibited unless thefluorescent lighting is specifically warranted by the manufacturer to be formake-up purposes.(4) All dressing rooms shall be equipped with air-conditioning systems,air-cooling systems or some similar type of mechanical device to insure properventilation and the circulation of fresh, cool air.(5) The Producer agrees to provide heat in the dressing rooms if the outsidetemperature falls below 60 degrees Fahrenheit.(6) A telephone for the Actors shall be accessible to the dressing room areas.(7) Alleys and roads leading to stage doors of theatres shall be accessible andproperly lighted. Runways between dressing rooms and the theatre shall becovered and paved or boarded.(8) Dressing room entrances and windows shall be properly masked from theview of the audience to insure the Actor's privacy(9) There shall be a fire extinguisher accessible to each dressing room.(10) Should Actors with disabilities be engaged, the Producer will provideaccessible dressing room(s).(B) Lavatory and Toilet Facilities.(1) Separate sanitary facilities will be provided for male and female Actors.Toilets and lavatories will be clean and sanitary, and will be separate facilitiesfrom those provided for the audience.(2) The Producer will provide soap, toilet tissue and paper towels.44

Rule 47. SAFE AND SANITARY PLACES OF EMPLOYMENT(3) Sinks with hot and cold running water shall be available in or reasonablyconvenient to the dressing rooms. “Reasonably convenient to” shall meanwithin the same building and in the dressing room area.(4) In all theatres where the Actor is required to use body make-up, there shallbe showers with hot and cold running water. Producer shall furnish clean clothtowels for the removal of body make-up. (See Rule 12(D), Clothing andCostumes)(5) Any walkway between the dressing rooms and toilet facilities shall bemasked from the view of the audience.(C) Rehearsal Space. In all open-air and tent theatres, the Producer shall makeavailable adequate covered rehearsal space, which shall be safe, comfortable andhealthful at all times. When the temperature in the rehearsal space exceeds 90degrees Fahrenheit during a rehearsal period (excluding dress, tech and/ororchestra rehearsal), Actors cannot be engaged in continuous dance sequences orother scenes requiring strenuous physical activity for any period exceeding 30consecutive minutes. In addition, fans, oxygen tanks and water must be availableat all times. All other rehearsal areas shall provide heating and cooling devices,etc., as referred to in (A) above.(D) Aisles Ramped. In all arena theatres, there shall be no riser between therunway and the stage. A ramp or other leveling device must be provided.(E) Raked Stages. Prior to the construction of any raked stage where the inclinewill be greater than one half inch per one foot, the Producer shall promptly notifyEquity of such plans and provide such information as Equity may reasonablyrequest. It is understood that when a Producer is utilizing a set from a priorproduction, said notice may not be possible and the Producer agrees to notifyEquity as soon as a determination is made that such set will be utilized.(F) Guide Lights. All ramps, stairways, levels or platforms higher than three feet,entrances and exits, cross-over areas, or off-stage passageways, which may beaffected by blackouts, shall be illuminated with guide lights or luminous tape. Inarena theatres, there shall be two guide lights on the edge of the stage and one oneach side of every ramp leading to the stage. In addition, there shall be a guidelight on each side of the aisle adjacent to the first row of seats of every aisle, andthere shall be guide lights on each side of every aisle at eight-foot intervals. Thereshall be a warning light at eye-level on both sides of every pole located in an aisle,or any other obstruction in an aisle, which Equity shall deem to be injurious orunsafe, and there shall be side rails on any ramp adjacent to any pit, and levelguide lights on stage along the edge of any pit.(G) Aisles. Aisles shall be maintained in a firm and even condition and if notconstructed of a hard surface such as concrete, asphalt, or macadam, must becovered, and the coverings be secure.45

Rule 47. SAFE AND SANITARY PLACES OF EMPLOYMENT(H) Dancing Surfaces.(1) Actors shall not be required to rehearse dances or dance on concrete ormarble floors or on any other surfaces which Equity shall deem to be injuriousor unsafe, or on wood or on any other substance laid directly over such similarsurfaces which do not provide air space of at least one and five-eighths (1 5/8)inches between the concrete or marble or similar supporting surface and thedancing surface.(2) Where a portable stage is used, platforms must be fastened securely andthe stage completely covered by a level deck or decks of such material as woodor masonite. The edge of all decks must be clearly visible or protected bysecurely fastened guardrails.(3) Pits not in use shall be covered completely by a firm material.(I) Cots. The Producer shall provide two cots backstage for performers during arehearsal or performance. These cots shall not be in a dressing room but shall beeasily available to the entire company. The Producer may, in lieu of the above,provide a cot in each dressing room.(J) First Aid Kits. Portable first aid kits, stocked with adequate supplies, includinglatex gloves, and first aid information shall be available and easily accessible at alltimes wherever the Actor is required to audition, rehearse, dress or perform.(K) Intercom System. An intercom system between the stage area and the dressingrooms shall be installed in all theatres in which Equity deems that the dialogue fromthe stage is not clearly audible in the dressing rooms.(L) Drinking Water. Ample, pure, cool drinking water shall be provided whereverthe Actor is required to audition, rehearse or perform.(M) All areas of the theatre must be equipped for air circulation, heating, safety,safe access, and proper lighting.(N) Medical Services. An up-to-date list of medical services including doctors,dentists and hospitals, must be posted on the call board at all times and qualifiedmedical personnel shall be available in case of emergency.(O) Fire Safety Procedures. The Producer must post a diagram of the locations ofall fire exits and fire fighting equipment and proper procedures in case of fire,earthquake or other disasters. The Producer shall consult with the local firedepartment and formulate safety procedures that shall be given to the Actors priorto dress rehearsal at least once for each production.(P) Smoking Areas. In theatres and rehearsal areas where smoking is permitted,areas shall be designated by the Producer as smoking areas, and smoking shallnot be permitted outside said areas.(Q) Toxic Materials.46

Rule 47. SAFE AND SANITARY PLACES OF EMPLOYMENTRule 48. SALARIES(1) Equity and the Producer shall jointly work together (with such experts as arenecessary) to identify and eliminate hazardous, toxic, or unsafe materials andprocedures from the working environment.(2) Smoke and Haze Effects. The Producer agrees to use only dry ice, liquidnitrogen, or substances listed in and in accordance with the specified limits setforth in EQUIPMENT BASED GUIDELINES FOR THE USE OF THEATRICALSMOKE AND HAZE prepared by ENVIRON international Corporation.(3) The Producer shall post such notices as are required by the regulations ofthe Occupational Safety and Health Administration.(R) Parking. Producer shall provide parking for the Actors under the sameconditions as are generally and customarily offered to the majority of the Producer’sstaff.(S) Inspection and Compliance. The Producer agrees that Equity's representativeshall have the right to inspect the theatre to determine its compliance with the Safeand Sanitary requirements set forth in the foregoing rules. Any deficiencies shall bereported in writing to Equity and the representative shall furnish the Producer with acopy of such report. Upon receipt of such report, Equity may notify the Producer, inwriting, to correct the deficiencies. Unless the Producer either corrects thedeficiencies noted or gives Equity assurances satisfactory to it that suchdeficiencies will be promptly corrected, Equity or its Executives may certify theTheatre as unauthorized for rehearsal, for performances, or both, as Equity or itsExecutives may determine. Upon such certification and until correction of thedeficiencies or the giving of assurances satisfactory to Equity that they will becorrected within a reasonable time, Equity may require Actors to refrain fromauditioning, rehearsing and/or performing in the theatre.48. SALARIES.(A) Rehearsal Salary. Rehearsal salary is the minimum performance salary unlessa higher salary is specifically negotiated. Performance salary begins with first paidpublic performance and shall be continuous thereafter. When it is necessary topro-rate salaries during the week of the first paid public performance due to aperformance schedule with less than eight performances and when only a daylightday of rest is given, the following will apply: The Actor earns 1/7 of his rehearsalsalary for each day of rehearsal and 1/8 of his performance salary for eachperformance. The total of these payments may be no less than the requiredminimum salary under this contract.(B) Performance Salary Minimums.Effective Date 9/1/2003 9/6/2004 9/5/2005Actors $825.00 $850.00 $875.0047

Rule 48. SALARIESStage Manager $1085.00 $1120.00 $1155.001 st Assistant Stage Manager $930.00 $960.00 $990.00ASM/Actor $940.00 $970.00 $1,000.00In no case shall the Salary be less than these figures. Should the Consumer PriceIndex as published by the U.S. Bureau of Labor statistics result in a dollar figure higherthan these minimums, it will become the minimum salary as of the effective date.(C) Per Diem.(1) Each member of a production performing away from the Theatre shallreceive $90.00 per day for expenses of room and board.(2) When the room cost (including applicable taxes but excluding all other hotelcharges) for an Actor exceeds 50% of the required per diem, then the Producershall reimburse that Actor for the excess over said 50% except where the Actorelects to arrange for his own accommodations.(D) Chorus Increments.(1) Chorus Playing a Part. If a member of the Chorus is required to play a part,speak lines, sing a song, or perform a dance that is individual in its character,the Chorus shall be paid not less than $25.00 per week in addition to Chorus’weekly contractual salary for each such assignment or part, beginning with thefirst paid public performance.(2) Chorus as Understudy.(a) Understudy for Principal Role. If a Chorus understudies a PrincipalRole, Chorus shall be paid not less than $40.00 per week for each suchrole in addition to Chorus’ weekly contractual salary.(b) Understudy for Chorus Playing Parts. If a Chorus (including Swings)understudies another member of the Chorus who is paid for playing a part,speaking lines, singing a song, performing a dance that is individual in itscharacter, Chorus shall be paid not less than $20.00 per week for eachsuch understudy assignment or part in addition to weekly contractualsalary.(E) Stage Fighting/Stunts. If the Fight/Stunt Director or Choreographer is notpresent during the run of the production, a Fight/Stunt Captain must be selectedwithin the first week of fight/stunt rehearsals and paid not less than $35.00 perweek from the beginning of that week. (See Rule 54 STAGE FIGHTING)(F) FULL SWINGS AND PARTIAL SWINGS.48

Rule 48. SALARIES(1) Full Swing. Full Swings will not be required under this contract (except asprovided in Rule 37, PRE-BROADWAY/PRODUCTION TRYOUT) unless theProduction is going to tour, in which case a Full Swing of each gender must beemployed not later than two weeks prior to the first paid public performance.Minimum Salary for a Full Swing is $40.00 per week above the minimum salary.A Full Swing is defined as a non-performing member of the Chorus whoswings all or fewer than all chorus performing Chorus numbers in theproduction.(2) Partial Swing. If a member of the Chorus is designated to Swing a Chorusnumber in a production, and is not hired solely as a Full Swing performer (see(1) above), Chorus member shall receive not less than $12.50 per week inaddition to Chorus’ weekly contractual salary for each such number soassigned.(3) If Full Swings are not employed, all chorus parts and specialties will beassigned a chorus understudy not later than two weeks prior to the first paidpublic performance (see Rule 48(D)(2)(b) SALARIES, Chorus Increments).(G) Dialect Coach. If an Actor is asked to instruct others in speaking a dialect,foreign language, or translates or interprets a script, he shall receive not less than$65.00 per week.(H) Overtime.(1) Overtime shall be payable at the rate of $11.00 per one-half hour or partthereof.(2) If the rest period between the end of employment on one day and thebeginning of employment on the next day is invaded, it shall be paid for at oneand one-half times the overtime rate.(I) Salary Payment and Checks.(1) Salaries shall be paid no later than the evening prior to the last banking dayof the week but in no event later than Thursday.(2) The Producer may pay salaries by check only if facilities are madeimmediately available for cashing said checks. In any event, no check or draft,either of the Producer or of a third party, given to or received by the Actor inpayment of any sum under the Actor's contract of employment, shall operate tominimize or affect the Actor's claim for salary or other compensation under theActor's contract.(J) Contingent Compensation.(1) No employment contract shall be entered into by the Producer or Actorwhere in whole compensation is contingent upon receipts. In no case shallcompensation be contingent upon profits.49

Rule 48. SALARIESRule 49. SECRET VOTE(2) In any contract of employment that provides that the Actor's compensationshall be increased upon the gross weekly receipts reaching a stipulated amountor amounts, the gross weekly receipts shall be based on an eight-performanceweek. All performances in excess of eight per week shall be paid for pro-rata ofthe salary due according to the weekly grosses set forth.(3) If the total gross receipts for all performances, including extra performanceswithin any week, shall reach an amount at which the Actor's salary is to beincreased, the Actor shall be paid for the first eight consecutive performancesat the rate of the gross receipts for those eight performances, and for the extraperformances he shall be paid at the higher rate which is based on the totalgross receipts for that week.(K) Actual Salary. The actual salary of the Actor agreed upon shall be stated in thecontract and a lesser or fictitious salary shall not be stated in the contract. A riderto the Actor's contract shall be issued if his salary is increased, provided any suchincrease shall be the result of bona fide renegotiation of the Actor's contractualsalary.(L) Additional Duties. The Actor shall not be required to do any additional work forwhich there is not a specified payment in this Rulebook without mutual agreementin writing. Any additional duties assigned after Actor’s contract is signed shall be atthe specified rate in the agreement. Duties assigned to the Actor that are notdefined in this Agreement shall be paid at no less than $20.00 per assignment perweek.(M) Itemized Deductions. The Actor shall be provided with a breakdown of salarydeductions, additional payments and overtime with his weekly salary.(N) 401(k) Plan. Each Actor shall have the option to contribute to the Equity LeagueTrust Fund 401(k) Plan. The Producer agrees to deduct and remit saidcontributions to the plan. Amount of the contribution shall be determined by theActor in writing at time of contract signing, and no change may be made during termof contract. No contributions shall be required of the Producer.49. SECRET VOTE.(A) At all meetings of the Equity members of the company called by the Deputy orthe Stage Manager, the vote shall be by secret ballot.(B) Should any situation arise where the Producer wishes the company to considerany proposition not covered by the standard Equity contracts of employment orEquity rules, the Producer shall notify the Deputy and the Deputy shall arrange ameeting of the cast, which may be held at the theatre where the company isplaying. At such meeting or meetings, neither the Producer nor his representativeshall be present unless so requested by a majority of the cast but not in any event50

Rule 49. SECRET VOTERule 50. SECURITY AND SECURITY AGREEMENTSwhen a vote is taken. Any proposed action by the cast shall not, however, bebinding without the written approval of Equity.(C) The determination of Equity as to any issue arising under the above provisionshall be final and binding upon the Producer and each Actor.50. SECURITY AND SECURITY AGREEMENTS.(A) Security Agreements.(1) The provisions of any and all agreements relating to security deposited oragreed to be deposited with Equity covering any employment under thisAgreement and any contracts of employment are hereby adopted and madepart of this Agreement and said contracts. This includes agreements on formsnow called “Bond,” “Security Agreement,” and “Producer's Statement.”(2) It is of the essence of this Agreement and all contracts of employment and acondition precedent to the engagement of the Actor that the Producer shallhave filed and maintained with Equity a satisfactory security as required byEquity's existing Security Agreement and Rules.(B) Posting of Security.(1) A Producer shall be ineligible to employ Actors on Equity contracts unlessand until such Producer shall have furnished security in such amount and insuch manner and form as may be satisfactory to Equity to insure the paymentof the claims of Actors against such Producer.(2) No Actor shall work or be required to work or continue in the employment ofany person or Producer or any company, if and when Equity shall bedissatisfied with the quality or amount of any security which may be offered orgiven or requested by Equity to secure the payment of any claim, present orfuture, of any Actor.(C) Return of Security.(1) After the company has closed, provided all claims and obligations requiredby or arising out of this Agreement have been satisfied, the security depositedwith Actors' Equity shall be returned to the Producer six weeks from the receiptof a written request for its return.(2) The Producer shall have the option to designate the security in effect at theend of a season as security for the next ensuing season by giving Equity writtennotice to that effect.(3) If Equity has a liquidated claim against a Producer at the end of the seasonand the same is pending or noticed for arbitration, Equity shall withhold nomore than double the amount of the claim and release the rest.51

Rule 51. SET MOVESRule 52. SICK LEAVE, ILLNESS AND BEREAVEMENTRule 53. SOCIAL SECURITY – UNEMPLOYMENT INSURANCE51. SET MOVES.An Actor in character may, consistent with that character, set or move scenery orprops only in scenes in which the Actor enters or exits.(A) Actor shall be paid no less than $10.00 per week for performing each set movenot in accordance with the above.(B) Set or prop moves are not permitted that are inherently hazardous. Theseinclude, but are not limited to, those due to: location on stage; weight of the setpiece or prop, construction, pyrotechnic or electrical effects; or, proximity tomachinery or to simultaneous movement of other scenery. Determination ofwhether a prop or set move is inherently dangerous will be made by Equity inconsultation with the Producer.(C) Also not permitted are set or prop moves which interfere with the normal work ofthe Actor, or to which the Actor may be engaged to the exclusion of work normallyassigned to the Actor.52. SICK LEAVE, ILLNESS AND BEREAVEMENT.(A) Each Actor shall accrue one day of sick leave and/or bereavement leave foreach four weeks of employment.(B) If questioned, the validity of the illness as a requisite for sick leave shall bedetermined by a committee consisting of the Deputies, Stage Manager and theProducer's representative, and such determination shall be final and binding on theActor and the Producer.(C) Should the illness of an Actor continue for two weeks or more after the Actor'ssick leave is exhausted, Equity shall, at the request of the Producer, have full powerto modify or terminate the Actor's contract upon such terms as it may consider just,if it shall be satisfied that it will be necessary for the Producer to employ asuccessor(D) If the Actor cannot perform on account of illness, injury, or any other validreason, then the Actor shall not be entitled to any salary, except as provided aboveor in Rule 27, Injury and Supplemental Workers’ Compensation, for the time duringwhich said services shall not, for such reason or reasons, be rendered.53. SOCIAL SECURITY - UNEMPLOYMENT INSURANCE.(A) It is understood and agreed that the Actor is entitled to the benefit of all Federaland State enactments constituting what is commonly known and designated as52

Rule 53. SOCIAL SECURITY – UNEMPLOYMENT INSURANCESocial Security Acts or laws including Old-Age and Unemployment Insurance andthat the Producer during the term of this Agreement and all contracts ofemployment shall pay any and all taxes or payments required to be paid byemployers under the provisions of said law. The Producer agrees to provide SocialSecurity Benefits under the elective provisions of the Social Security Law, if it is notrequired to provide benefits under the law. In the event the services of the Actorare not subject to the compulsory provisions of an Unemployment Compensation(Insurance) Law of any State, then the Producer hereby agrees that it will elect tocover the Actor and pay contribution on the earnings of the Actor under the electiveprovisions of the Unemployment Insurance Law of the State of California and/orsuch other eligible state as Equity may determine to be in the best interests of themajority of the Actors employed by the Producer.(B) In the event, however, the Producer is not eligible to elect to come under theCalifornia State Unemployment Insurance Law and if Equity has not designatedanother eligible state, then the Producer agrees to elect to come under theUnemployment Compensation (Insurance) Law of the State where it has itsprincipal place of business, or of the State of the Actor's residence, or of the Statewhere the contract of employment was entered into.(C) The Producer agrees to elect coverage and to pay contributions within the timerequired by applicable state law. When such election is made to California State,the Producer agrees to report the Actor by name, social security number and byCalifornia address to the appropriate agency during the first week of the Actor'semployment and, in no event, later than the quarter in which the work is performed.(D) The Producer agrees to execute and file the necessary forms required by theState Unemployment Compensation (Insurance) Law under which it has elected tocover the Actor and shall notify the Actor of his election.(E) Simultaneously with the posting of security, the Producer shall submit proof,satisfactory to Equity, that it has applied for Unemployment Insurance Coverage,and deliver a true copy of its application to Equity. The Producer warrants andrepresents that it will not withdraw such application, nor modify or change it withoutthe written consent of Equity.(F) In the event any Producer fails to apply for Unemployment Insurance Coverageor withdraws or modifies any application for such coverage without the writtenconsent of Equity, or fails to elect coverage within the time required by applicablestate law, or fails to pay the required insurance contributions to the appropriatestate agencies within the time required, the Producer in that event must pay to theActor the equivalent of any Unemployment Insurance Benefits the Actor may loseas a result thereby. This obligation shall survive the termination of the Actor’scontract of employment.(G) Equity may require the Producer to furnish satisfactory evidence that it hasobtained and maintained maximum Unemployment Insurance Coverage for Actors53

Rule 53. SOCIAL SECURITY – UNEMPLOYMENT INSURANCERule 54. STAGE FIGHTINGRule 55. STAGE MANAGERS AND ASSISTANT STAGE MANAGERSemployed by it in accordance with this rule. If Equity is not so satisfied, it mayretain the Producer's Security (Bond) as a fund against claims.54. STAGE FIGHTING.The following regulations shall be followed whenever a production requires an Actorto engage in stage fighting/stunts, with or without weapons, and/or choreographedmovements such as falls, throws, or tumbling, as it pertains:(A) No Actor shall be required to participate in stage fighting unless the Actor hasagreed to same by means of a signed rider.(B) If the Fight/Stunt Director or Choreographer is not present during the run of theproduction, a Fight/Stunt Captain must be assigned. The function will require anadditional payment of $35.00 per week if an Actor is so assigned.(C) All Actors who participate in a fight/stunt shall run through the routine during the15 minutes prior to half-hour. Any exception to this rule shall be at the expressdiscretion of the Fight/Stunt Captain. Such run-throughs are permitted to impingeupon the regular breaks and/or hours(D) If performing members of the company are required to rehearse fight/stunt withunderstudies and/or replacements, it must be during regular rehearsal hours.(E) Proper first-aid information and equipment shall be made available to theFight/Stunt Captain.(F) The Fight/Stunt Director or Choreographer and/or Fight/Stunt Captain shallconsult with all other artistic personnel to achieve the optimum degree of safetyregarding the choreography, playing area, and equipment used.(G) Understudies and replacements shall be rehearsed by the Fight/Stunt Directoror Fight/Stunt Captain. Performing members of the Company shall rehearse stagefighting/stunts with understudies and replacements during regular rehearsal hoursunder the direction of the Fight/Stunt Director or the Fight/Stunt Captain at leastonce prior to the understudy or replacement Actor’s performance in any role.(H) Firearms. It is essential that appropriate firearm instruction and rehearsals areheld to ensure the Actor’s safety.55. STAGE MANAGERS AND ASSISTANT STAGE MANAGERS.(A) Stage Managers(1) A Stage Manager shall be the individual who is assigned to and is primarilyresponsible for a specific production or productions.54

Rule 55. STAGE MANAGERS AND ASSISTANT STAGE MANAGERS(2) It is agreed that the Stage Manager's responsibilities require full timeattention. The Stage Manager shall not function in areas that impinge upon theduties of a Stage Manager.(3) There shall be no less than one Stage Manager employed in each companyand each production must be assigned a Stage Manager who shall be primarilyresponsible for the stage managerial functions.(4) Each Stage Manager shall be engaged and receive contractual salarybeginning at least one week prior to any rehearsals for each production of theseason unless already under contract.(5) If the Producer terminates the Stage Manager's employment, said StageManager may not be re-engaged or replaced in the same season at a lessersalary.(B) Assistant Stage Managers.(1) An Assistant Stage Manager is the individual who is assigned to assist theStage Manager(s) on a specific production or productions. An Assistant StageManager may not be assigned the primary responsibility for a production. NoActor already under contract may be assigned as Assistant Stage Manager inthe same production.(2) There shall be at least one First Assistant Stage Manager for eachproduction. When a production tours, there will be no less than one StageManager and two Assistant Stage Managers. See Rule 59(A)(8)TOURS.(3) The First Assistant Stage Manager shall be engaged prior to the start ofEquity rehearsals for at least 3 days and receive not less than 1/6 of contractualsalary for each day worked.(4) Producer agrees, upon consultation with the Stage Managers and Equity,due to technical complexities, safety issues, and/or cast size, to consider hiringan additional Stage Manager.(C) No Stage Manager shall perform pre-production work without a signed contract.When a Stage Manager is called to perform services for a production either prior toor after the period of employment, he shall be paid no less than 1/6 of the weeklycontractual salary per day or the applicable overtime rate for each hour worked.Any call over the three hours in duration shall be paid at the rate of 1/6 of weeklycontractual salary.(D) The Stage Manager and the First Assistant Stage Manager may not act. Whentwo Assistant Stage Managers are required, the Second Assistant Stage Managermay not act, understudy, or swing, without prior written consent from Equity.(E) Working Conditions for Stage Managers and Assistant Stage Managers.55

Rule 55. STAGE MANAGERS AND ASSISTANT STAGE MANAGERS(1) Whenever any members of the cast are called, the Stage Manager orAssistant Stage Manager shall be called.(2) A Stage Manager or Assistant Stage Manager must be present at allrehearsals and on the deck or in communication from the booth with allbackstage areas during all performances, run-throughs, technical rehearsals,and dress rehearsals.(3) In addition, if the show is run from a booth, a Stage Manager or AssistantStage Manager must be in communication from said booth with all backstageareas during all performances, run-throughs, technical rehearsals and dressrehearsals.(4) Under no circumstances shall anyone other than the Stage Manager orAssistant Stage Manager “be on book” calling the cues of a production.(5) Meal breaks shall be the same intervals as for actors, but not necessarily atthe same time. If the Producer requires the Stage Manager or Assistant StageManager to work during the meal break, including, but not limited to, work whichis necessary in order to enable a rehearsal to resume properly andappropriately on time, the Producer shall provide the Stage Manager orAssistant Stage Manager with a meal and pay a minimum of one hour ofovertime.(6) The rest period between the end of employment on one day and thebeginning of the next shall be ten hours. During the four days preceding eitherthe first public performance or the opening but not both, the rest period shallnot be less than eight hours. Until such time that the ten or eight hour restperiod is given, whichever is applicable, the Stage Manager and/or theAssistant Stage Manager whose rest periods have been violated shall becompensated at the overtime rate. The overtime payment shall continue untilthe applicable rest period is given.(7) If the Stage Manager and/or Assistant Stage Manager is called by theProducer on the day off, he shall receive an additional 2/6 of weekly contractualsalary.(8) All rules for Actors pertaining to rehearsals, performances, overtime, breaks,rest periods, days off and travel time shall also be applicable to StageManagers and Assistant Stage Managers except where expressly statedotherwise.(9) If the Stage Manager and/or Assistant Stage Manager rehearse(s) and/orperform(s) with Actors hours which would have given an Actor overtime had theActor rehearsed and/or performed those same hours, the Stage Managerand/or Assistant Stage Manager shall receive the overtime compensation thatwould have been due the Actor.56

Rule 55. STAGE MANAGERS AND ASSISTANT STAGE MANAGERS(10) The following activities are prohibited and a Stage Manager or AssistantStage Manager shall not accept responsibility for the following:(a) Having contracts or riders signed or initialed; or performing any otherfunction that normally comes under the duties of the General Manager orCompany Manager (which is not to preclude delivery of a sealed envelopeaddressed to the individual Actor/Stage Manager).(b) Signing the closing notice of the company of the individual notice of anActor upon termination of contract (which is not to preclude posting of allclosing and other permanent company notices).(c) Doing the payroll or distributing payment. Including, but not limited tosalary and per diem.(d) Doing building maintenance, janitorial, custodial or house managementwork.(11) The Stage Manager or the Assistant Stage Manager shall not be requiredto transport any employees of the Producer, including, but not limited to, Actors,directors, and designers, to appointments, performances, or rehearsals.(12) The Stage Manager and/or Assistant Stage Manager shall not be requiredto order or distribute food for the Company, arrange living accommodations, ordo building maintenance, janitorial or custodial work.(13) It shall not be a condition of employment that any of the Stage ManagerialStaff own a motor vehicle.(14) Stage Managers and Assistant Stage Managers shall not be required toperform the following unless they are contracted and compensated separatelyfrom the Equity contract; if a separate, written contract is made, a copy of suchcontract shall be forwarded to Equity:(a) Design, build, hang, transport, operate, shift, run, shop for or maintainlights, sound, scenery, props, video, wardrobe, animals, etc.(b) Arrange living accommodations(c) Order or distribute food for any members of the production.(d) Be responsible for any aspect of transportation or be responsible forthe maintenance of any vehicle.(e) Be responsible for any aspect of laundry or dry cleaning.(f) Be responsible for setting up stage managerial tech tables for technicalrehearsals.(15) The Stage Manager and Assistant Stage Manager shall receive anadditional single payment of 1/6 of the WCLO minimum salary in the weekincluding the first paid public performance.57

Rule 55. STAGE MANAGERS AND ASSISTANT STAGE MANAGERSRule 56. SUBSIDIARY RIGHTS(16) Experience Required. Because of the responsibilities of the StageManager for the success of the production and safety of the Actors, theProducer will use Producer’s best efforts to employ a person who isexperienced in theatrical stage management. (See Rule 14, Contract)(17) The Stage Manager will receive overtime any week in which he exceedsthe maximum hours allowed the Actors by more than 15 hours in rehearsal,non-rehearsal and /or performance duties. In the week when the majority of“10 out of 12” rehearsal hour days occur, said hours shall be increased to 20.(18) When working the allowed “10 out of 12” rehearsal hour days prior to thefirst paid public performance, any Stage Manager or Assistant Stage Managerliving more than 35 miles from the theatre will be provided with housing.(F) Production Script.(1) It is agreed that it is the duty of the Stage Manager to assemble andmaintain the production script required for the actual technical and artisticoperation of the production and that the production script remains the propertyof the Producer.(2) No member of the Stage Managerial Staff will be required to prepare anyadditional production script or book for publication or archival purposes or foruse in any other production of the play or musical.(3) In the event the Producer requests in writing any member of the stagemanagerial staff to prepare an additional Production Stage Manager script oralter same for any of the above purposes he may agree provided that he is paidno less than one week’s contractual salary for each such preparation.56. SUBSIDIARY RIGHTS.(A) Should an Equity Showcase or Los Angeles 99-Seat Theatre Plan Productionbe produced under this contract within five years of its last performance as aShowcase or Los Angeles 99-Seat Theatre Plan production, all Equity membersengaged in such production must receive a written bona fide offer to perform thesame role or function(s) for which they were engaged in such production. If suchbona fide offer is not made, the Actor shall be compensated in the amount of fourweeks minimum Production Contract salary. If more than one such production hasbeen produced within five years, the Producer shall be responsible hereunder onlyto the cast of the first such production.(B) If an Actor accepts a role or function in the production different from the one theActor performed in the Showcase or other such production, Actor may agree withthe Producer to waive the payment required under this rule.58

Rule 56. SUBSIDIARY RIGHTSRule 57. TELEVISING, FILMING AND RECORDING(C) This provision is not applicable where the subsequent production under theWCLO Agreement is not the first standard Equity contract presentation of the playwithin five years of the Showcase, or other such production, provided theintervening contract presentation has satisfied the applicable conversion rightsclause.57. TELEVISING, FILMING AND RECORDING.(A) Except as provided below, there shall be no televising, broadcasting, visualand/or sound recording, motion picture filming, video taping, or other mechanical orelectronic reproduction (hereinafter “Reproduction”) in whole or in part, of anyproduction, including rehearsals, in which Actors are employed under the terms ofthis agreement without the express permission of Equity and under terms andconditions established by it. This rule shall also apply to any Reproduction madewithin a period of 16 weeks following the final performance of the production.(B) Reproduction for Broadcast by a Non-Profit Educational Broadcast Station. AReproduction, in whole or in part, of a production in which Actors are employedunder the terms of this agreement may be made for local broadcast by a non-profiteducational broadcast station under the following terms and conditions:(1) The Actor must give his consent in writing and Equity must be notified inadvance.(2) Each Actor of the cast (including Stage Managers, Understudies andSwings) shall receive one week's salary at the applicable minimum in additionto all compensation required under the appropriate SAG or AFTRA contract forsuch work, provided that such additional compensation shall not be less thanthat required under the AFTRA/EBC agreement.(3) If the Reproduction takes place outside the theatre and the Stage Managerperforms any services related thereto at the request of the Producer, he shall,in addition to all other payments under this rule, be paid an additional 1/6 of hisweekly contractual salary for each day or part thereof so employed.(4) Where the Reproduction occurs in the theatre, there may be no castchanges other than those that might normally occur during the course of theplay's run. Where the Reproduction occurs outside the theatre, each Actorappearing in the theatrical production must be offered the same role for theReproduction and may be free to negotiate terms and conditions under hisagreement satisfactory to him, unless the Actor does not wish or is unable toappear in the Reproduction.(5) In the event that during the run of the theatrical production more than oneactor has contracted for and appeared in a particular role (exclusive of Actorswho may have appeared only in an understudy capacity) the employer shall be59

Rule 57. TELEVISING, FILMING AND RECORDINGfree to choose such Actor as he wishes for the Reproduction. In the event theReproduction is produced outside the theatre and is altered in such fashion asto delete one or more roles, the Actors who had played such roles shallnevertheless be compensated in accordance with (B)(2) above.(6) Notwithstanding the work schedule permitted under the AFTRA and/or SAGagreements, the Actor must have no less than a two-hour rest period prior tothe half-hour call at the theatre.(7) Showing over additional outlets is prohibited unless the terms shall first havebeen negotiated and agreed to by the Producer, Equity and the Actor.(C) Reproduction for News and Community Affairs Telecasts. Subject to theconditions listed herein, a Reproduction may be made of the production for use ona TV newscast review of the production, a feature story on the production containedwithin a TV news program, local public affairs or magazine format programs. Equitywill view with favor and give serious consideration to media projects for thehandicapped and community service programs.(1) During a rehearsal:(a) Filming or taping sessions shall not exceed ½ hour of the regularlyscheduled rehearsal.(b) The Stage Manager shall file a report with Equity giving the time utilizedfor the filming or taping session. Said report shall be initialed by thedeputy. Upon contemplation of filming or taping during a rehearsal, theProducer shall make every reasonable effort to give the cast 24-hournotice.(c) Up to three filming or taping sessions may be scheduled and all stationsmust do their filming or taping during those three sessions.(d) If the time of filming or taping is changed, the Producer shall notify thecast of such change and of the rescheduled time.(2) At a Performance:(a) Filming or taping may be for only ½ hour of footage.(b) If possible, the cast must be given 24-hour notice.(c) When cameras are going to film or tape, the cast must be given noticeat the half-hour call.(d) No additional or altered lighting may be used. It is intended that inpermitting such filming or taping, neither the Actor nor the audience shall bedisturbed in any manner.(3) Provisions Applicable to both Performance and Rehearsal:60

Rule 57. TELEVISING, FILMING AND RECORDING(a) No more than three minutes of any filmed or taped portion of theperformance or rehearsal shall be shown on the TV news broadcast orcommunity affairs program nor may the edited footage shown depict anentire scene or musical number.(b) No payment shall be required provided no payments are made to anyother personnel employed in the production.(c) An Equity Stage Manager is required at every filming or taping.(d) For any violation hereof other than violations of unauthorizedsubsequent use of the film or tape, the Producer shall pay one weekscontractual salary or Production Minimum, whichever is greater, to eachActor whose rights have been breached hereunder. Such payments shallnot preclude any right in law or equity, civil or criminal, that arises under abreach of this rule, which the Actor or Equity has against the Producer orany third party.(D) Reproduction for Non-Broadcast Public Relations, Fund-Raising, Marketing, orCivic Promotion. Actors performing or rehearsing in a production under the termsof this Agreement may participate, without additional compensation, in theReproduction of material for use by the Producer in public relations, fund-raising,marketing, or civic promotion programs under the following terms and conditions:(1) The Actor must be fully advised as to the nature and purpose of suchReproduction and must give his consent to it in writing.(2) All Reproduction must occur during regularly scheduled and allowedrehearsal or performance hours.(3) An Equity Stage Manager must be present at all Reproduction sessions.(4) All Actors involved must be given notice at least 24 hours prior to eachperformance or rehearsal that is to be reproduced.(5) The Producer shall receive no compensation for the exhibition of anymaterial reproduced under the terms of this provision.(6) The Producer will provide Equity with full particulars of the Reproductionincluding times and places of exhibition and the names of all companies ororganizations involved in the Reproduction or editing of the material, as well asdetails of the proposed use.(7) The Producer will provide Equity with the opportunity to view the completedReproduction.(8) The Producer will maintain control and ownership of all material reproducedand will ensure that it is used for no commercial purposes whatsoever.(9) Material reproduced under the terms of this provision may constitute up to25% of the completed Production, if for public relations or fund-raising, but in61

Rule 57. TELEVISING, FILMING AND RECORDINGno case more than a total of ten minutes. Such edited footage may not depictan entire scene or musical number. If the Reproduction is to be used for civicpromotion programs or for showing at point of purchase locations (e.g., videomonitors near a box office), the Reproduction must be no more than threeminutes in length.(10) The provisions of this section are not intended to allow Reproduction forthe creation of television commercials and may not be used in suchcommercials.(11) The Producer may retain and use Reproduction made under this rule for aperiod not to exceed three years, after which the Reproduction shall betransmitted to Equity to be destroyed.(E) TV and Radio Commercials. The Actor may make a television or radiocommercial of one minute or less, using material from the production, provided theActor receives no less than the AFTRA or SAG minimum for such work. When aStage Manager or Dance Captain is required to do any work in connection with aTV or radio commercial the Producer shall pay no less than the applicable SAG orAFTRA minimum of a Principal (on camera) to the Stage Manager. Actors andStage Managers must be signed to the applicable AFTRA/SAG code. In the eventa local AFTRA/SAG office waives jurisdiction, the applicable AFTRA/SAG rate mustbe paid to the Actors and Stage Managers.The above notwithstanding, Equity will permit the Signatories to this Agreement toutilize film, videotape, or still photos of the specific production which has been shotat the Signatory’s theatre under the provisions of (C) above, Reproductions for Newand Community Affairs Telecasts, to be used in the production of a commercial ofup to one minute to promote the specific production at the Signatory’s theatre.In this instance only, Equity shall not require additional compensation to be paid tothe Actor(s) for such usage, providing the following conditions are met: (1) thefootage was shot during a regularly scheduled rehearsal or performance; (2) all theprovisions of (C) above are strictly in force; and (3) the applicable office of AFTRAand/or SAG concurs. Any commercial made under this provision may be used onlyto promote the specific production at the Signatory theatres.(F) Cast Album. A Cast album may be made under this agreement. All Actors &Stage Managers involved in the recording of a “cast album” must be signed to anOriginal Cast Album Rider provided by Equity. The Producer agrees that any Actorwho signs or verbalizes in the production in any number, plus the Stage Manager,shall be employed on the appropriate AFTRA contract for the recording of saidalbum and shall receive not less than one week’s contractual salary for each day orpart thereof so employed except as provided in paragraph 1, below. Such castalbum shall accord credit to each Actor appearing in the production at the time therecording is made, whether or not the Actor performs on the recording.62

Rule 57. TELEVISING, FILMING AND RECORDING(1) In the event the Producer wishes to schedule half-day recording sessionsafter the first day of recording and pro-rate payments for said half-day sessions,the Actor shall receive not less than one-half of the Actor’s weekly salary, up toa cap of 250% of the Production contract minimum salary, or the AFTRA rate,whichever is higher, for each day that the Actor is employed for four hours orless and each Actor shall receive a pro-rata share of 20% of all monies derivedby the Producer from the exploitation of the album. (Note: In the event theProducer does not elect this pro-ration formula, the Actors will share in thestandard 15% of monies derived by the Producer. Terms for Actor participationon the Producer’s 15%/20% are identified in the Original Cast Album Rider.)(2) Producer shall give Equity not less than 72 hours notice (inclusive of at leasttwo business days) prior to such recording.(3) If, during the recording of a cast album, one or more singers who are notmembers of the Equity cast are engaged, then Swing singers and Understudiesassigned to singing parts who are not engaged to record the cast album shallshare equally in an amount equal to the average contractual salary of saidSwings and Understudies multiplied by the number of employment days of suchsupplementary singers.(4) For cast album recordings only, there shall be not less than a 10-hour restperiod between an evening performance and a morning recording call. Thereshall be a break of one and one-half hours (one hour if a meal is provided)between the recording session and rehearsals or performances scheduledunder the Equity Agreement. Recording sessions may not be scheduled ontwo performance days. Application of this rule may not reduce breaks or restperiods required by the AFTRA contract.(G) This rule shall apply in all instances irrespective of the use made of suchReproduction, the method employed in obtaining same, or the length or characterof the "part" of said production so reproduced.(H) Nothing contained herein shall negate or minimize the Actor's right to negotiatedpayments for any Reproduction. If the minimum payments herein required for anyReproduction should be less than the minimum rate required by the AmericanFederation of Television and Radio Artists or the Screen Actors Guild for suchwork, then the Actor shall receive not less than the AFTRA or SAG minimum.Overtime, residuals or any other additional payments that may become due theActor are not included in the minimums specified herein.(I) The Actor shall not knowingly participate in any Reproduction except under thecircumstances set forth above or unless Equity otherwise consents thereto inwriting.(J) Closed Circuit Television. It is not intended that this rule apply to closed circuit,pay television, or the making of cassettes or other audio-visual reproduction forpublic sale or distribution, and the Producer agrees that there will be no closed63

Rule 57. TELEVISING, FILMING AND RECORDINGcircuit, pay television or the making of cassettes or other types of audio-visualreproduction of the production without prior negotiations and agreement with Equityas to the payments and working conditions for said Reproduction.(K) Internet/Web Sites. Up to a total of three minutes of rehearsal and/orperformance footage (of which no continuous sequence shall exceed 30 seconds)may be used, without additional compensation, except as expressly provided in thisRule 57(K), as follows:(1) On web sites of the Producer; not-for-profit arts and tourism-relatedagencies of the city, county, state and intra- and inter-state region in which theTheatre is located; local Rotary, Chamber of Commerce and local not-for-profit“booster” organizations; and the Theatre Communications Group, AmericanArts Alliance, and other not-for-profit Arts service and Arts promotionorganizations, provided the Actor shall be fully advised as to all potential usersand must give his consent in writing:(2) On web sites of sponsors and/or supporters of the Producer, provided:(a) The Actor’s likeness is used solely to acknowledge the sponsorship orsupport and is not in any way used directly or indirectly to endorse thesponsor or a specific product of the sponsor;(b) The footage is on a separate page from any product promotion oradvertisement;(c) The Producer shall receive separate permission from the Actor, specificto the sponsor/supporter web site, which permission shall not be acondition of employment. The Actor shall be fully advised as to the namesof sponsors and supporters and the specific web site usage. Permissionshall be limited to the specific sponsors named and footage shall not begiven later to a different sponsor. Permission shall be granted in each casefor no more than two years form the time such permission is granted. TheActor may negotiate a lesser time period;(d) The Producer shall indemnify the Actor against any breach of an Actorexclusivity clause when such breach is a result of the use not authorized bythis Rule, 57(K)(2);(e) This sub-paragraph (2) shall expire on September 7, 2003; and(f) For all web site usage, neither merchandise promotion nor ticket saleinformation shall be presented on the same “page” as the Reproduction,but may be presented on a separate “page.” However, the “page”containing the Reproduction may indicate how to get to the “page” whichdoes have information about merchandise or tickets. It is also understoodthat there may be no promotion of any other product(s) on the “page” wherethe Reproduction will be seen without Equity’s prior written consent. Ifvoice-over or other live Actor work performance is required, in addition to64

Rule 57. TELEVISING, FILMING AND RECORDINGRule 58. TERMINATIONthe permitted performance footage, the applicable AFTRA/SAGAgreements shall apply to such voice-over or other work.Use of footage for any purpose other than specified above is strictlyprohibited. For any violation under this rule, the Actor shall be paid no lessthan two weeks’ contractual salary in addition to any AFTRA or SAGamounts that may be due.(L) Filming, Taping or Recording for Use in the Production. (See Rule 41,Recordings).58. TERMINATION.(A) It is the essence of all employment contracts that all notices thereunder,company and individual must be in writing. Copies of all notices must be filed withor mailed to Equity forthwith by the party (Actor or Producer) giving notice. Fullpower is reserved to Equity to grant relief from this rule where, in its opinion, theperson or persons to whom notice was not given has not or have not been misledor injured.(B) Notice.(1) All formal notices given either by Producer or Actor must be given in writtenform. All notices to the Producer may be given to the Producer personally, or ina sealed envelope to the Company Manager or Stage Manager. Notice to theActor must be given to the Actor personally in writing unless the Actor is not atthe theatre location, in which case it may be given by registered or certifiedmail, telegram or facsimile to the Actor’s last known address.(2) All communications which refer to the company in general shall be postedupon the callboard.(C) Notices of termination or closing given at or before the end of the performanceon Monday night, effective at the end of the Saturday night of the week followingshall be deemed two weeks notice. If the company's playing week is Tuesdaythrough Sunday, substitute Tuesday and Sunday for Monday and Saturday,respectively, in the foregoing sentence. In either case, the Actor's final day ofemployment shall be a Saturday or Sunday, depending on the Theatre'sperformance schedule.(D) Just Cause.(1) No Actor may be terminated except for “just cause.” If requested by theActor, the Producer must furnish the reasons for dismissal to the Actor andEquity in writing within two weeks of such request. Equity may then investigatethe basis for any discharge. If Equity desires to challenge any discharge, thenthe matter shall be submitted to arbitration in the manner provided in Rule 4,65

Rule 58. TERMINATIONArbitration. This provision shall not apply until one week after the pressopening performance of each production but in any event no later than twoweeks after the first public performance of each production.(2) In the event “just cause” is not found, the arbitrator’s award shall be limitedto monetary damages, which shall not exceed the balance of the unexpiredterm of the Actor’s original engagement less any monies paid in lieu of noticeand any monies earned under another Equity contract during the period.(E) Standard Termination.(1) Before and During Rehearsal.(a) Any Actor earning no more than $1000.00 per week may terminatewithout penalty at any time prior to two weeks before rehearsalscommence. An Actor earning more than $1,000.00 but not less than$2,000.00 per week may terminate without penalty at any time prior to fourweeks before rehearsals commence. An Actor earning $2,000.00 or moreper week may terminate without penalty at any time prior to six weeksbefore rehearsals commence.(b) The Actor may not give notice of termination within two weeks of thefixed first rehearsal date or during the rehearsal period, except with Equity’sconsent.(c) The contract may be terminated by the Producer before the first paidpublic performance by giving written notice to the Actor and paying Actorforthwith a sum equal to two weeks contractual salary plus any rehearsalsalary due.(2) Individual Termination After First Paid Public Performance. Either partymay terminate the contract at any time on or after the date of the first publicperformance by giving the other party two weeks written notice. For Actorsearning more than $1000.00 per week or more, a rider to the contract mayspecify a guaranteed period of employment of up to four weeks. No notice maybe given by either party to become effective during the guaranteed period. Ifemployment continues past the guaranteed period, either party may terminatethe contract by giving the other party two weeks written notice. If the contract isterminated by the Actor, the Actor shall to pay his own fare back to the place ofengagement.(3) Pregnancy and Adoption. A Stage Manager and/or Assistant StageManager will not be terminated because of pregnancy or adoption during theterm of the contract. The Stage Manager and/or Assistant Stage Manager shallremain on contract without pay or accrual of benefits until he or she is ready toreturn to work. The Stage Manager and/or Assistant Stage Manager must givethe Producer the same amount of notice of his or her intent to return as the66

Rule 58. TERMINATIONRule 59. TOURSnotice of termination contained in the replacement Stage Manager’s orAssistant Stage Manager’s contract.(F) Closing Company.(1) The Producer may close the company by posting two weeks written notice,provided the Actor receives not less than the minimum employment and/orpayment guaranteed under the Actor’s contract.(2) A company closing notice shall supersede any individual notice thenoutstanding.(G) Payment When Actor Is Not Allowed to Work Out Notice. If the Actor is notallowed or required to work out any notice properly given under the Actor’s contract,the Actor shall be paid immediately upon the giving of notice and he may forthwithaccept other employment.(H) Additional Payments. If individual notice of termination is given by the Producer,it agrees to pay the Actor in cash the amount of the cost of transportation of theActor and his baggage back to the place of engagement, whether the Actor returnsimmediately or not. However, if, at the time notice is given, the Producer alreadypossesses the requisite tickets, it may give the Actor said tickets in lieu of cash.(I) Rights After Giving Notice When Actor Secures New Engagement. Shouldeither party give the other notice and should the Actor have or secure a newengagement, the Actor shall be permitted to attend rehearsals under the newengagement as may be necessary and as do not conflict with the Actor’sperformances under the Actor’s then existing contract.(J) Military Service. If the Actor is called to report for Military Service, the Actor mayterminate Actor’s contract by giving the Producer as much notice as thecircumstances will permit, and the Producer agrees to pay the Actor’s returntransportation.59. TOURS.(A) When an Actor is signed to one contract by one of the Producer’s for multipleengagements of a single continuous production, it is considered a tour.Re-blocking to accommodate a new stage is not considered as essentially affectingthe original direction. In such a tour, all performers must be under Equity contractfrom first rehearsal.(1) In addition, Producer may tour productions on the WCLO contract to anyfuture non-profit venue that the Producer may acquire or manage for theduration of this contract.(2) If any production is toured to or from a location using a contract oragreement other than the WCLO Agreement, Equity shall be consulted and67

Rule 59. TOURSdetermine conditions (without limitation) consistent with that of continuousemployment in order that Actor’s benefits, salary and work rules shall beprotected in the transfer to or from the WCLO Agreement. It is the intent of thisrule to ensure that rates and conditions are not undercut from one Equitycontract to another and conversely, this rule will not be used to secure ratesand conditions higher than those already mandated by the contract with thehigher minimums.(3) When first class rights are held by another entity in accordance with thedefinition in Rule 37, “Pre-Broadway”/Production Tryouts, Rule 59, Tours andRule 60, Transfers, do not apply.(4) When tours are planned under this Agreement, the Producer will submit theitinerary to Equity prior to signing contracts with Actors. The purpose of thisprovision is to ensure that the tour will not undercut conditions in Theatresnormally providing higher conditions. In the event that such a venue is includedin the itinerary, the Producer and Equity will negotiate in good faith, conditionsfor that venue.(5) The Actor shall work only at the Theatre unless otherwise specified in hiscontract.(6) The Producer agrees to indicate, on the face of the contract or in a rider thedates of an overnight tour, if known.(7) In no event may the total number of hours of employment of an Actor on aday of a tour (including but not limited to any rehearsals, rest periods,performances, and transportation to and from the place of performance)exceed 10 consecutive hours. The requirements of Rule 42, Rehearsal,Performance, and Other Work Related Rules, shall still apply.(8) A Second Assistant Stage Manager must be employed on any productionthat tours. See Rule 55(B)(2)STAGE MANAGERS AND ASSISTANT STAGEMANAGERS.(B) Housing.(1) Whenever the company performs away from the Theatre on a tour on thesame contract, the Producer shall be responsible for securing hotelreservations. Actors will be offered a choice of suitable single occupancy roomsin accordance with Rule 26(A)(1), Housing, two weeks prior to the performance.Within one week thereafter the Actor shall indicate the Actor’s acceptance, orthe Actor’s preference to arrange for the Actor’s own accommodations. Unlessthe Actor notifies the Producer of the Actor’s acceptance of suchaccommodations, the Producer shall be relieved of further responsibility. If theActor has complied with this requirement and does not receiveaccommodations upon arrival, the Actor shall not be required to rehearse orperform until such accommodations are forthcoming. However, should68

Rule 59. TOURScircumstances beyond the Producer's control (such as a hotel confirming areservation and its not being available on the arrival of the Actor) make itimpossible for the Producer to provide such accommodations, the Actor shallnot avail himself of this right. If the Actor refuses to accept accommodationsthat the Actor has requested and obtained through the Producer, the Actor shallpay for one night's accommodation.(2) Except where the Actor elects to arrange for the Actor’s ownaccommodations, when the hotel room cost (including applicable taxes butexcluding all other hotel charges) for an Actor exceeds 50% of the required perdiem as provided in Rule 48(C)(2), Salaries, then the Producer shall reimbursethat Actor for the excess over said 50%.(3) Responsibility for hotel accommodations shall include accommodations inthe same hotel for the entire cast regardless of race, color, creed, sex, nationalorigin, disability, or sexual orientation. Accommodations shall be clean andsanitary and accessible for Actors with disabilities, should they be engaged,and within a reasonable distance of the theatre. (See (C)(3)(i)(2) below)(C) Transportation.(1) Air Travel. See Rule 61(F), Transportation to and from Engagement.(2) Rail Travel. See Rule 61(G), Transportation to and from Engagement.(3) Bus Transportation. All bus travel shall be made under the following rules:(a) Routing. The Producer shall submit to Equity a detailed routing of anyproposed bus tour based on the following schedule of maximum hours pereach day of travel:Double Performance Days 3 hoursSingle Performance Days 6 hoursNon-Performance Days 8 hours(b) The Producer shall submit to Equity and the Deputies of the company aroute sheet (on a form provided by Equity) which shall contain places ofperformance, mileage between cities, estimated hours of travel and aperformance schedule. The route sheet and performance schedule shallbe submitted prior to the commencement of the tour. Subsequent routesheets and performance schedules shall be submitted to Equity and theDeputies as bookings are arranged. Performance schedules must beprovided at least two weeks prior to the performance and shall includedates, times and places. A representative of the Producer shall travel withthe company on the bus at all times.(c) Comfort and Safety. The Producer agrees that the bus shall be equal incomfort, condition and safety to those used by first-class long distance bus69

Rule 59. TOURScompanies and that it shall be equipped with heat, air conditioning,separate luggage quarters, a lavatory facility and seating accommodationsfor each member. The Producer shall instruct the driver to obey all trafficregulations and speed and safety rules of City or State.(d) Travel time shall commence and be computed from the time the bus isscheduled to leave. The Actor shall be prompt for all bus calls and shallmake his baggage available for loading at least 15 minutes prior to thescheduled departure time. If an Actor is responsible for a delay at anytime, such delay shall not be counted as part of the travel time of thecompany. The Producer may, for the convenience of the company,schedule a second pickup, in which event travel time shall commence fromthe scheduled departure from the second pickup. Computation of traveltime shall end upon arrival of the bus at the first hotel at which the Actorsare residing.(e) Overtime Travel. If the applicable travel time set forth in paragraph(3)(a) above is exceeded, the Producer shall pay each Actor involved thesum of $20.00 for each hour or part thereof of overtime travel, up to twohours of overtime. If travel overtime exceeds two hours, the overtimepayment shall be doubled. Payment of any overtime due shall be includedwith the salary payment of the week following the week during which theovertime travel has occurred, and shall be identified as travel overtime.(f) Travel time shall not include time lost due to accidents on the road orother unforeseeable conditions, or time lost by inspections by StateOfficials while crossing state borders or going through Customs atInternational Borders. Should there be more than three breakdowns inone-month period, Equity shall have the right to require the Producer tofurnish a different bus.(g) There shall be a minimum of one ten-minute comfort stop during eachtwo hours of travel. The first ten minutes of such comfort stops shall bedeemed part of the travel time. Times beyond the first ten minutes, if any,shall not be deemed part of the travel time.(h) Within the first four hour travel period, there shall be no less than aone-hour stop for a meal. After this first stop, meal stops shall occur atintervals not to exceed five hours. If, however, the trip does not commenceuntil after 12:00 noon, the first meal stop need not occur for five hours. Theactual time utilized for such meal stops shall not be considered part of thetravel time.(i) Bus Upon Arrival.(1) The bus, upon arriving at its destination, will first deliver the Actorsto their hotels.70

Rule 59. TOURS(2) In every case where the theatre is situated more than 1/4 mile fromthe hotel, the bus will transport the Actor to the theatre and return to thehotel after the performance. The bus shall leave the theatre when allActors are ready to be transported to the hotels. The time of the busdeparture should not be later than 30 minutes after the final curtain.Should the Producer delay the departure of the bus from the theatrebeyond 30 minutes, the time of arrival at the hotel shall mark thebeginning of the time for the required rest period.(j) There shall be an interval of at least 12 hours between the arrival at thehotel and the bus call for the next day's travel, except that on two days aweek this interval may be reduced to 10 hours. In the case of consecutivedays being completely devoted to travel with no performance, there shall bean interval of at least 12 hours between the termination of one day's busjourney and the beginning of the following day's bus journey.(1) Travel time from the theatre to the last hotel, including the30-minute bus departure interval referred to in (i)(2) above, shall notexceed one hour.(2) The Company may, by a 2/3 vote in a secret ballot, elect to alter theofficial tour schedule and travel by night to the next engagement orreturn to the Theatre without obligating the Producer to overtimepayment.(k) Night travel shall be deemed to be travel between the hours of 10:00P.M. and 6:00 A.M. and shall only be by railroad Pullman sleeperaccommodations except by written permission of Equity (see Rule 61(G),Transportation to and from Engagement). A request for a waiver of thisclause may be by letter, telegram or telephone, and after consultation withthe company. The confirmation from Equity, if granted, must be in writing.(l) The Producer agrees that there will be one day off in each workweekfree of all performances and rehearsals, after opening.(m)Travel and rehearsal combined will not exceed nine hours, but in noevent will rehearsal on a travel day exceed five out of six and one-halfhours. No less than 12 hours notice will be given for such rehearsal exceptin an emergency.(n) The company shall not be required to rehearse until three hours afterarrival at hotel, except in the case of replacements. When transportation isdirectly to the Actor's hotel and travel time does not exceed three hoursfrom point of departure, two hours shall comprise the aforesaid rest period.See Rule 42(D)(10)REHEARSAL, PERFORMANCE AND OTHERRELATED WORK RULES.71

Rule 59. TOURSRule 60. TRANSFERS(o) Sound check call will be permitted one hour prior to half-hour on dayfollowing day off when that is the first performance in new Theatre.(p) There shall be at least one and one-half hours between the end of aprevious performance (or arrival in town) and half-hour, which can bereduced to one hour by the Deputy Committee. If the end of a previousperformance (or arrival in town) is less than one and one-half hours prior tohalf-hour, the Producer shall provide a meal at the theatre. The breakbetween performances specified in this section shall not apply to schoolperformances of one and one-half hours or less duration.(q) An evening performance on a day on which there is a performancebeginning prior to 2:00 P.M. shall be permitted provided there was aninterval of at least 12 hours between the final curtain the previous day andthe first call on the day of the early performance.(4) Bus Touring Company Rider. A rider shall be attached to all contracts fortours which use buses as the primary means of transportation.60. TRANSFERS.(A) When an Actor is signed to separate contracts for a single continuousproduction among any of the Signatory Theatres, it is considered a Transfer.Employment during a Transfer must be continuous. A Transfer must beacknowledged by means of a rider to each Actor’s contract. It is agreed that onlywhen Producer involved are Signatory Theatres, the Producer’s may transferMember Candidates provided that said Member Candidates constitute no morethan 25% of the total company.(B) Housing. Whenever a company transfers from one signatory WCLO Theatre toanother, under separate contracts as provided for herein, each Producer willprovide accommodations as provided for in Rule 26(A)(1), Housing, and the perdiem required in Rule 48(C), Salaries, will not be paid.(C) Rehearsal Period. In the case of a transfer between signatories, the Producermay elect one of the following options:(1) If two weeks of rehearsal are used, the four “10 out of 12” rehearsal hourdays will be allowed and salaries will be the minimum rehearsal salaries.(2) If only one week of rehearsal is used (not to exceed a maximum of 37hours) and a maximum of two “10 out of 12” rehearsal hour days are used inthat calendar week, Actor shall be paid no less than 125% of WCLO minimumsalary for that week only.(3) If only one week of rehearsal is used (not to exceed a maximum of 37hours) and more than two “10 out of 12” rehearsal hour days are used in that72

Rule 60. TRANSFERSRule 61. TRANSPORTATION TO AND FROM ENGAGEMENTcalendar week, Actor shall be paid no less than 150% of WCLO minimumsalary for that week only.(D) In the case of a transfer, there must be no less than a 12-hour rest periodbetween end of last employment day of the initial contract and the beginning Actorcall for the new contract.61. TRANSPORTATION TO AND FROM ENGAGEMENT.(A) The Actors applicable address will be the Actors address listed with Equity.(B) The Producer at its own expense shall transport the Actor whenever the Actor isrequired to travel. Any Actor employed originally from a point outside of the area inwhich the Theatre is located shall be provided return transportation to the sameplace at the termination of employment with the company whenever that occurs.(C) The Actor shall travel by such routes as the Producer may direct, except asotherwise agreed in writing between the Actor and the Producer. In no event shallany agreement provide for a payment to the Actor of a sum less than the cost ofapplicable public transportation from the place of engagement, which may bedesignated in the contract, to the theatre and return, or between theatres asprovided in (D)(4) below.(D) Unless the Producer specifies the manner and route of transportation, the Actormay choose his own mode of transportation and shall be reimbursed in an amountnot more than the fare paid by the Actor, including transportation of the Actor to thetheatre, or his lodgings in the community of the Theatre’s location.(E) Tickets.(1) The Producer shall furnish the Actor with the necessary transportationtickets or their cash equivalent. If an Actor loses a plane ticket or transportationvoucher provided by the Producer through the Actor’s negligence, the Actor isresponsible for the cost of a replacement ticket or voucher.(2) All transportation tickets or their cash equivalent from the place ofengagement to the Theatre shall be delivered to the Actor at least one day inadvance of departure. The Producer, upon request of the Actor, shall deliver tohim his return transportation at least one day before the close of the Actor'sengagement.(3) If, in an emergency, it should become impossible for the Producer to complywith the above conditions, the Producer shall reimburse the Actor in an amountequal to the actual sum spent by the Actor for transportation. In no instancemay the Producer take advantage of reduced round-trip fares unless tickets ortheir cash equivalent are delivered to the Actor one-day in advance.73

Rule 61. TRANSPORTATION TO AND FROM ENGAGEMENT(4) Where the Actor has been playing in a previous consecutive engagement,all tickets or their cash equivalent covering transportation from one theatre toanother shall be furnished by the Producer at which the Actor has his nextengagement at least one day prior to his leaving for said engagement. Shouldthe Producer fail to send these tickets or monies, the Producer at which theActor is currently engaged may furnish the Actor with the full cost oftransportation to his next engagement, or it shall provide the Actor with returntransportation to the place of engagement.The Producer at which the Actor is last employed shall be responsible forreturning the Actor to the first point of engagement (residence).(F) Air Travel.(1) Air travel must be by FAA certified scheduled airlines, and not bynon-scheduled or private airlines.(2) Travel between the hours of 8:00 A.M. and 8:00 P.M., which is of less thanfive scheduled hours duration and where meals are provided at the Producer'sexpense may be on scheduled tourist or coach flights on FAA certified airlines.Should there be no scheduled flights between 8:00 A.M. and 8:00 P.M., travelmay be between the hours of 7:00 A.M. and 10:00 P.M. In addition, tourist orcoach travel shall be permitted on non-stop jet flights from coast to coastprovided such travel does not exceed six scheduled hours. Where no non-stopflights are scheduled from coast to coast, direct flights may be utilized, in whichcase, travel shall not exceed eight scheduled hours. Air travel under any othercircumstances shall be First Class. Whenever times are referenced above,hours are figured based on the originating time zone.(3) The Producer shall inform the Actor as to whether it provides air travelinsurance. If the Producer provides such insurance, but fails to notify the Actorby rider, the Actor who purchases air travel insurance shall be reimbursed,upon proof of purchase, for the premium cost of such air travel insurance up tothe amount of $100,000.00.(4) If delay en route in air travel occurs, all expenses usually paid or furnishedthe traveler under first-class travel, and not paid to the Actor by the airlines,shall be reimbursed, upon proof of expense, to the Actor by the Producer.(G) Rail Transportation. If, in the Producer's sole determination, air transportation isunfeasible or not economical, the Actor may be required to travel by railroad. Daycoach transportation is limited to 10 hours daily. Such travel shall not begin prior to8:00 AM. After 10:00 P.M., transportation shall include individual Pullman sleepingaccommodations, which shall be no less than a roomette, if same is available. (SeeRule 59(C)(3)(k), Tours)(H) Bus Transportation. With the Actor's consent, bus travel shall be by publiccarrier duly licensed to carry passengers by intrastate or interstate commission74

Rule 61. TRANSPORTATION TO AND FROM ENGAGEMENTRule 62. UNDERSTUDIES(regularly scheduled). Such travel shall be between the hours of 8:00 A.M. and8:00 P.M. and shall not exceed ten hours. Buses shall be air-conditioned andprovide for the maximum comfort of the Actor.(I) Automobile Transportation. In the event the Actor uses his own car or rides withanother Actor in lieu of other transportation at the beginning and end of hisengagement, he shall receive a sum equivalent to the cost of applicable publictransportation in cash. If the company closes away from the Theatre, the Producershall at the Actor's option and if the Actor has a bona fide reason, return him to theTheatre prior to returning him to his place of residence.(J) Baggage. See Rule 6, Baggage.62. UNDERSTUDIES.(A) Producer will use best efforts to assign understudies to cover every Actor underPrincipal contract as of the first day of rehearsal.(B) In the case of a Tour, understudies will be required for all productions.Understudies under an Equity contract must be hired no later than the first day ofrehearsal.(C) In the case of a Transfer, all roles, which are played by Actors under an Equitycontract, must be understudied (see Rule 60, Transfers). Understudies under anEquity contract must be hired no later than the first day of rehearsal.(D) Understudies shall receive an additional 1/8 of their own contractual salary foreach performance he gives when substituting for the Principal Actor.(E) All understudy assignments shall be shown on the face of the contract or byrider and the Actor shall be paid not less than $40.00 per week for each such role.(F) If the understudy has had the part less than one week, he shall not be requiredto perform but may read it unless the understudy is also performing in theproduction, in which case he must have the part at least two weeks before he canbe required to perform it. In any case, if the understudy has not been rehearsed inthe role, he may not be required to perform it but may read it.(G) If in an emergency an Actor goes on as an understudy in a principal role notspecified in the Actor’s contract, the Actor will be compensated for suchperformance at not less than 2/8 of the Actor’s own contractual salary and shallthereafter be contracted and be compensated for such understudy duty at no lessthan 1/8 of minimum salary.(H) Except in tours, non-professional understudies shall be permitted at the Theatre.If a Principal Actor is being understudied by a non-professional, thenon-professional may perform in his understudy role for a period of not more than75

Rule 62. UNDERSTUDIESRule 63. UNION EMBLEMRule 64. UNION SECURITY/DUES and FEEStwo weeks. Thereafter, the role must be filled by an Actor under an Equity contractwithout prejudice to the original Actor if his contract has not been terminated.63. UNION EMBLEM.The Producer agrees to display the Equity emblem (logo) in the lobby of the theatrenext to the seating chart. In the event that a seating chart is not posted, theemblem will be displayed in a conspicuous place near the Box Office. The Equityemblem shall be supplied by Equity and shall remain the property of Equity andshall be returned to Equity upon demand.64. UNION SECURITY/DUES and FEES.(A) All Actors, except non-professionals as provided in Rule 33, No Strike orLock-Out, of this Agreement, who are members of Actors' Equity Association, as acondition of employment, shall continue to be members of the Union in goodstanding for the life of this Agreement. All employees who are not now members ofEquity, as a condition of employment, shall become members within 31 daysfollowing the signing of this Agreement and shall thereafter remain members of theUnion in good standing as a condition of continued employment. All newemployees, as a condition of employment, shall become members of the Union 31days from the date of the commencement of their employment and thereafter shallcontinue to be members of the Union in good standing as a condition of continuedemployment, to the extent permissible by law. As defined and applied in this rule,the phrase “member of the Union in good standing” means a member who paysinitiation fees and dues, or the monetary equivalent thereof, to the union asfinancial obligations in accordance with the requirements of the National LaborRelations Act.(B) Equity shall provide the Producer two weeks written notice to discharge anyActor covered by this Agreement for non-payment of Union dues or initiation fee.Upon the Actor's failure to make such payment(s) within the aforesaid period, theProducer agrees immediately to discharge the Actor, provided however, that Equityshall withhold its demand for discharge if the Producer undertakes, with the consentof the Actor, to withhold from the Actor's salary a sum or sums sufficient to correctthe Actor's dues or initiation fee delinquency.(C) DUES and FEES.(1) The Producer shall deduct from the weekly salary of every employee who is,or may become, a member of Equity, as provided for in this Agreement,initiation fees and union dues, provided that the Producer receives from Equitya proper authorization, agreed to and signed by the employee.76

Rule 64. UNION SECURITY/DUES and FEESRule 65. VACATIONSRule 66. VOLUNTARY CLASSES(2) Any monies so deducted shall be held in trust by the Producer for thebenefit of Equity and delivered to Equity no later than 30 days following thedate on which the deductions were made.(3) Should the Producer fail to deliver to Equity any and all monies so deductedwithin 30 days following the date on which the deductions were made, Equityshall assess a penalty of $50.00 for each week of failure to deliver the moniesso deducted.65. VACATIONS.(A) Eligibility and Computation. If an Actor is engaged for 12 weeks on a singlecontract, he shall accrue one day of vacation for each four weeks of employment.One day of vacation pay shall be calculated as 1/6 of weekly minimum salary. Forthe purpose of this rule, a week is a Monday through Sunday period in which theActor is employed for a period of three or more days.(B) Notice of Vacation. The Actor shall give the Producer five weeks written noticeof the date of his intended vacation, which date shall be approved or not approvedin writing by the Producer within one week of receipt of said notice.(C) Termination. When the Actor's contract terminates, he shall receive all vacationpay that has accrued and not been previously paid to him. Said vacation pay shallbe included in the final salary payment made to the Actor at the conclusion of hisemployment.66. VOLUNTARY CLASSES.All Actors are prohibited from attending so-called voluntary classes, and theProducer agrees not to request Actors to attend such classes.77

DURATIONThis Agreement shall commence on September 8, 2003 andExpire on September 4, 2006.Dated:____/____/2000THEATRE UNDER THE STARSHouston, TexasDated:____/____/2000FIFTH AVENUE THEATRESeattle, WashingtonBy:Frank YoungPresident and CEOBy:Marilynn SheldonManaging DirectorAndBy:John BreckenridgeProducer and COODated:____/____/2000AMERICAN MUSICAL THEATRE OF SAN JOSESan Jose, CaliforniaBy:Stewart SlaterPresident and Executive ProducerDated:____/____/2000ACTORS’ EQUITY ASSOCIATIONBy:John HollyWestern Regional DirectorRevised 8/30/200078

INDEXAActor 17(A) ............................................ 19Actor's Obligation To Equity 1 ................ 1Actual Salary 48(K)................................ 52Additional Duties 48(L) ......................... 52Additional Payments 58(H).................... 70Agents 2.................................................... 2Agents Acting as Casting Consultants orPackagers 2(C) ..................................... 2Air Travel 61(F) ..................................... 77Aisles 47(G) ........................................... 48Aisles Ramped 47(D)............................. 47Aliens 3 .................................................... 2Arbitration 4 ............................................. 2Assistant Stage Managers 55(B) ............ 58Attempted Breach 14(H) ........................ 18Auditions And Interviews 5 ..................... 3Automobile Transportation 61(I) ........... 78BBaggage 6 ................................................. 9Billing 7.................................................. 10Binding Effect Of Agreement 8........... 11Blacklisting 9.......................................... 11Breaks, Rest Periods, Days Off 42(D).... 41Bus Transportation 61(H)....................... 78CCast Album 57(F)................................... 65Change of Hair Color 12(G)................... 15Change of Hair Style 12(H).................... 16Changes and Alterations 14(E)............... 17Changes in Cast 39(E)............................ 35Chorus 17(C).......................................... 19Chorus Commissions Prohibited 2(D) ..... 2Chorus Increments 48(D) ....................... 50Claims 11 ............................................... 13Cleaning 12(F)........................................ 15Closed Circuit Television 57(J) ............. 67Closing Company 58(F) ......................... 70Clothing And Costumes 12 .................... 13Commissions 2(B).................................... 2Completing Contracts 14(F)................... 17Contingent Compensation 48(J)............. 52Continuous Employment 13................... 16Contract 14 ............................................. 16Costume Calls, Photographs and Publicity42(C).................................................... 39Cots 47(I)................................................ 48Council Powers 22(D)............................ 23DDancing Surfaces 47(H) ......................... 48Defaulting Theatres 16 ........................... 19Definitions 17......................................... 19Deputies and Representatives 22(E)....... 24Determination of Classification 14(C) ... 16Disability Leave 18................................. 20Discrimination For Union Activity 20 ... 21Dressing Rooms 47(A)............................ 46Drinking Water 47(L)............................. 48Dues and Fees 64(C) .............................. 80Duties Of The Actor 21.......................... 22EEligibility and Computation 65(A)......... 80Equity - Special Provisions 22 ............... 23Equity Franchise Required 2(A)............... 2Equity Membership Candidate 31(C)..... 29Exclusive Service Of The Actor 23........ 24Experience Required 55(E)(16).............. 61Extras 17(E)............................................ 20Extras 24................................................. 24FFight/Stunt Captain 48(E) ..................... 51Filing Contract 14(B) ............................. 16Fire Safety Procedures 47(O) ................. 48First Aid Kits 47(J)................................. 48Foreign Dialogue Coach 48(G) .............. 51Forms 25................................................. 2479

GGender 17(I) ........................................... 20Guide Lights 47(F) ................................. 47HHairpieces, Wigs and Facial Masks 12(I)16Health Benefits 26.................................. 25Housing 59(B) ........................................ 71Housing 60(B) ........................................ 75IInjury And Salary Continuance Insurance28......................................................... 27Inspection and Compliance 47(S) .......... 49Intercom System 47(K) .......................... 48Internet/Web Sites 57(K)........................ 67Itemized Deductions 48(M).................... 52JJust Cause 58(D) .................................... 69Juvenile Actors 29.................................. 27KKneepads and Protective Clothing 12(C)14LLavatory and Toilet Facilities 47(B) ...... 46Laws Governing 30 ................................ 28Local Jobber 31(D)................................. 29MMake-up 12(D)....................................... 14Medical Services 47(N).......................... 48Meetings; Privileges of Actors to Attend22(B).................................................... 23Membership Candidate 31(C) ................ 29Military Service 58(J)............................. 70NNo Strike Or Lock-Out 33...................... 30Non-Professionals 31 ............................. 28Non-Traditional Casting 32.................... 30Notes 42(E) ............................................ 42Notice 58(A)........................................... 68Notice of Vacation 65(B) ....................... 80Nudity 34................................................ 31OOral and Written Interpretations 22(C) .. 23Overtime 48(H) ...................................... 51PParking Lots 47(R) ................................. 49Part 17(G)............................................... 20Payment When Actor Is Not Allowed toWork Out Notice 58(G)...................... 70Pension 35 .............................................. 31Per Diem 48(C) ...................................... 50Performance Lost 36 .............................. 32Performance Salary Minimums 48(B).... 50Performances 42(B)................................ 39Posting of Security 50(B) ....................... 53Principal Actor 17(B) ............................. 19Production Prosecuted 38....................... 33Production Script 55(F).......................... 61Program And Souvenir Program 39 ....... 34Property 40 ............................................. 36QQuadruplicate Contracts 14(G) .............. 17RRail Transportation 61(G) ...................... 78Raked Stages 47(E) ................................ 47Recordings (Use in Production) 41 ........ 37Rehearsal Period 60(C) .......................... 76Rehearsal Salary 48(A)........................... 49Rehearsal Space 47(C) ........................... 47Rehearsal, Performance, And Other WorkRelated Rules 42................................. 37Rental 12(E) ........................................... 14Reopening Of A Play 43 ........................ 43Replacement Of The Actor 44................ 43Reports 45 .............................................. 44Reproduction for Broadcast by a Non-ProfitEducational Broadcast Station 57(B) . 6280

Reproduction for News and CommunityAffairs Telecasts 57(C) ...................... 63Reproduction for Non-Broadcast PublicRelations, Fund-Raising, Marketing, orCivic Promotion 57(D)....................... 64Return of Security 50(C) ........................ 53Rights After Giving Notice When ActorSecures New Engagement 58(I) ......... 70Role 17(H).............................................. 20SSafe And Sanitary Places Of Employment47......................................................... 46Salaries 48 .............................................. 49Salary Continuance Insurance 28(B)...... 27Salary Payment and Checks 48(I) .......... 51Secret Vote 49 ........................................ 52Security Agreements 50(A).................... 53Security And Security Agreements 50 ... 53Set Moves 51.......................................... 55Sick Leave, Illness And Bereavement 5255Signing Of 14(D).................................... 16Smoking Areas 47(P) ............................. 49Social Security - Unemployment Insurance53......................................................... 55Special Power to Act for Actor 22(A).... 23Stage Fighting 54.................................... 57Stage Fighting/Stunts 48(E) ................... 51Stage Managers and Assistant StageManagers (Definition) 17(D)............... 20Stage Managers And Assistant StageManagers (Work Rules) 55 ................ 57Standard Termination 58(E)................... 69Subsidiary Rights 56 .............................. 61Swing and Partial Swing 48(F) .............. 51Transfers 60............................................ 75Transportation 59(C).............................. 72Transportation To And From Engagement61......................................................... 76TV and Radio Commercials 57(E)......... 65UUnderstudies 62...................................... 78Union Emblem 63 .................................. 79Union Security/Dues and Fees 64 .......... 79Use of Non-Professionals 31(F)............. 30VVacations 65........................................... 80Voluntary Classes 66.............................. 81WW-2 Forms 45(A)................................... 44Waiver or Release Not Permissible 11(A)13Weekly Report to Equity 45(C).............. 44Work Week, Work Day and Rehearsal42(A) ................................................... 37Working Conditions for Stage Managers andAssistant Stage Managers 55(E)......... 59TTelevising, Filming And RecordingReproduction 57 ................................. 62Termination 58 ....................................... 68Theatre 17(F).......................................... 20Tickets 61(E).......................................... 76Time Limit in Lodging 11(B)................. 13Tours 59.................................................. 70Toxic Materials 47(Q)............................ 4981

Heading and Rule NumberPage No.QUICK REFERENCEMoney Items:Actors’ Photo w/Commercial Product [42(C)(10)(b), (c)] ...................................................39Actor work on Day-Off [42(D)(7)(a), (b)] .......................................................................40,41Actor Performing on Holidays [42(D)(9)(a), (b), (c)] ..........................................................41Added Performances [42(B)(4), (6)]...................................................................................38Additional Duties [48(L)] .....................................................................................................50ASM Pre-Production [55(B)(3), (C)] ...................................................................................55Audition (Break after 5 hours) [5(B)(4)(g)]............................................................................6Audition (More than 3) [5(B)(4)(c)] .......................................................................................6Baggage [6(D)] ................................................................................................................9,10Billing [7(B)(1), (C)(2)] ...................................................................................................10,11Cast Album [57(F)(1)].........................................................................................................63Chorus Increment [48(D)(1), (2)(a), (b)].............................................................................48Clothing and Costumes, Rental [12(E)].........................................................................14,15Contingent Compensation [48(J)] .................................................................................49,50Dance Captain [15].............................................................................................................18Dialect Coaching [48(G)]....................................................................................................49Failure to Deliver Deducted Dues & Fees [64(C)].........................................................76,77Fight/Stunt Captain [48(E), 54(B)] .................................................................................48,54Health Fund [25(A)] ............................................................................................................24Housing [26] ..................................................................................................................24-26Internet/Web Sites [57(K)(2)(f)].....................................................................................64,65Mileage Reimbursement [26(B), 61(I)] ..........................................................................25,75Overtime [48(H)(1),(2), 59(C)(3)(e)]..............................................................................49,70Pension [35] ..................................................................................................................30,31Per Diem [26(G), 48(C)(1), (2)] .....................................................................................26,48Performance Lost [36(1)] ...................................................................................................31Photo calls [42(C)(6), (9)]...................................................................................................39Program & Souvenir Program [39(D)(3)]............................................................................33Property (Loss or damage reimbursement) [40] ...........................................................35,36Rehearsal After Opening (Pre-Broadway) [37(B)].........................................................31,32Reports (Failure to file) [45(C)(2)] ......................................................................................43Risk [46] .............................................................................................................................43Salaries [48(A), (B)].......................................................................................................47,48Set Moves [51(A)]...............................................................................................................52SM/ASM Working on Day-Off [55(E)(7)] ............................................................................56SM/ASM Tech Week Bump-Up [55(E)(15)] .......................................................................57SM/ASM Overtime [55(E)(9), (17)]................................................................................56,58SM Pre-Production [55(C)].................................................................................................55SM Production Script [55(F)(3)]..........................................................................................58SWC (Supplemental Workers’ Compensation) [27(B)]......................................................26Swings [48(F)(1), (2)] .........................................................................................................49Televising, Filming, Recording [57(B)(2), (3)] ....................................................................59Transfers (Rehearsal period) [60(C)(1), (2), (3)] ..........................................................72,73Transportation To and From Engagement [61(D)].............................................................73Travel Overtime [59(C)(3)(e)].............................................................................................70TV and Radio Commercials [57(E)] ...................................................................................62Understudy Payments [62(D), (E), (G)]..............................................................................75Vacation Accrual [65(A)].................................................................................................... 7782

Heading and Rule NumberPage No.Possible Riders:Actual Salary [48(K)]...........................................................................................................50Additional Duties [48(L)] ....................................................................................................50Billing [7(C)] ..................................................................................................................10,11Cast Album [57(F)] .......................................................................................................62,63Changing Assigned Role or Part [14(F)] ...........................................................................17Clothing and Costume Rental [12(E)] ...........................................................................14,15Contract [14(D)] .................................................................................................................16Hair Color/Style [12(G), (H)] ..............................................................................................15Individual Termination After First Paid Public Performance [58(E)(2)] .............................66Juvenile Actors (Supervision/Education) [28].................................................................... 26Nudity [34] .........................................................................................................................30Rehearsal, Performances, and Other Related Work Rules [42(B)(1), (6)] .......................38Reproduction For Non-Broadcast [57(D)(1)] ......................................................................61Replacement Actor [44(B)].................................................................................................42Risk [46] ............................................................................................................................43Stage Fighting [54(A)] ........................................................................................................54Tours [14(F)(4), 59(A)(6)]..............................................................................................17,68Televising, Filming, Recording [57(B)(1)]...........................................................................59Transfer [60(A)] ..................................................................................................................72Travel [61(C)] .....................................................................................................................73Understudy Assignments [62(E)]........................................................................................75Vacation Notice [65(B)] ......................................................................................................77Web-Sites [57(K)(1)] ..........................................................................................................6483