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Hollywood Area Theatre (HAT) Rulebook 10-13 - Actors

Hollywood Area Theatre (HAT) Rulebook 10-13 - Actors

Hollywood Area Theatre (HAT) Rulebook 10-13 - Actors

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(G) Equity shall act on behalf of the Actor in any arbitration proceedings; and, no Actor isauthorized to commence any arbitration proceeding except with the consent of Equity.6. AUDITIONS AND INTERVIEWS(A) Principal Auditions/Interviews.(1) General. Before any principal performers are hired for a production, there shallbe auditions at which performers will be seen, without appointment, for Principalroles and for Stage Manager positions. Subsequent auditions may also bescheduled at this time. The following conditions shall apply:(a) Among auditions held for principal roles, there shall be interviews orauditions for Equity performers. The Producer shall follow all Equity rulesregarding Equity interviews and auditions.(b) The Producer is under no obligation to hire any person pursuant to anyprincipal interview or audition procedures including the procedures for Equityperformers set forth below.(c) Agent-submitted auditions shall not be permitted prior to the completionof all required Equity auditions.(2) Equity Principal Interviews/Auditions.Equity interviews/auditions for Equity performers shall be conducted in accordancewith the following:(a) No later than three weeks prior to the first Equity interview/audition, theProducer shall submit a complete cast breakdown to Equity, setting forth adefinitive description of each character in the production, all stagemanagerial positions available and stating the agreed upon time, date andlocation of the interview/audition for posting at Equity. If the cast breakdownis distributed to personal managers, agents and/or a breakdown servicemore than three weeks prior to the first interview/audition, it shall also besubmitted to Equity at that time.(b) Simultaneously with the Producer’s submission to Equity of the castbreakdown, the names of the Producer, composer, lyricist, author, bookwriter, if any, director, assistant director, musical director, choreographer,Stage Manager, professional casting director, general manager, companymanager and an address to which resumes may be sent are also to besubmitted.(c) When a role to be cast depicts a person with a specific disability, theProducer agrees to include this information in the casting specifications and,at the same time, to notify Equity of such specifications so that performerswith similar disabilities may be informed and given an opportunity to auditionfor the role.(d) There shall be two days during which Equity interviews/auditions shall beheld in a theatre, rehearsal hall, or other Equity approved location that isaccessible, as defined by federal law, and complies with Equity’s safe andsanitary provisions.(e) Equity performers shall have the option to interview on any one of thetwo days of Equity interviews or auditions.4


(f) Equity performers will be seen on a first come, first served basis.(g) The Producer shall consult with Equity with respect to the scheduling ofthe Equity interview/audition.(h) A representative of the Producer with the authority to recommend thatthe performer be called to a subsequent audition shall conduct the Equityinterview. The Producer, director, assistant director, any author and/orprofessional casting director is endowed with such authority.(i) The location or time of the Equity interview/audition may not be changedwithout prior notice to Equity and unless the change can be published intrade publications prior to the interview/audition.(j) Equity, at no cost to the Producer, will provide a monitor to organize thescheduled Equity interviews/auditions.(3) Equity Principal Auditions. Principal auditions for Equity performers shall beconducted as follows:(a) The Equity auditions will be conducted by the Producer, director,assistant director, any author and/or professional casting director designatedin writing by the Producer.(b) The Equity performer shall be limited to three minutes to present auditionmaterial of the performer’s choice. Singing may be required for musicals.(c) Auditions for Equity performers will be available on a first-come, firstservedbasis.(d) When a deaf performer is sought, the Producer shall provide during theaudition a qualified interpreter for the deaf (i.e., an interpreter qualified orcertified in sign language or oral interpretation).(e) All audition material provided by the Producer shall upon request bemade available, at a place to be designated by the Producer at least 48hours in advance of the audition, to blind and visually impaired performers.(4) Additional Equity Principal Interview/Audition Provisions.(a) Each day of Equity interviews/auditions shall consist of seven hours.However, two separate half days of not less than four hours may besubstituted and scheduled in place of any one day.(b) The Producer shall make the premises available to the Equity monitorand Equity performers one-hour prior to commencement of the scheduledinterviews/auditions.(c) The Producer shall provide a piano and a professional pianist proficientin the skill of accompanying and who can sight-read when Equity auditionsfor singers are held.(d) If the Producer requires Actor to audition with materials from theproduction, the Producer must provide all material (scripts and scores) at nocost to the Actor.5


(5) Subsequent Equity Principal Auditions.(B) Chorus Auditions.(a) Subsequent to Equity Principal interviews or auditions, Equity performersshall be called to audition at specific times and shall not be called in groupsunless for physical screening and/or voice blending.(b) Auditions and/or readings, excluding initial interviews/auditions, shall belimited to four in number for an Equity performer and said performer shall becompensated at the rate of one-seventh of minimum salary for each readingand/or audition over four, to which the performer is called.(c) Equity franchised agents may accompany their clients to Equityauditions.(d) The Producer shall provide a piano and a professional pianist proficientin the skill of accompanying and who can sight-read when auditions forsingers are held.(e) The Director or Producer’s designee with final casting authority must bepresent at all auditions. The Musical Director or the Producer’s abovementioneddesignee must be present at all singing auditions and thechoreographer or the Producer’s above-mentioned designee must bepresent at all dancing auditions.(f) <strong>Actors</strong> must be given specific appointments. No more than 12 auditions,including reading, singing and dancing, may be scheduled in an hour.(g) The Producer or the Producer’s representative shall keep a sign-insheet, provided by Equity, at all callbacks and auditions to denote arrival anddeparture times of all <strong>Actors</strong>, and furnish a copy to Equity. Those <strong>Actors</strong> whoare kept at an audition or callback longer than three hours from thescheduled appointment shall be paid at the rate of $15 per hour for the fourthhour and for each additional hour or part thereof. Should the Actor be late forthe Actor’s appointment, the Producer may dismiss the Actor and reschedulethe Actor’s audition. Should the Producer fail to exercise that option theActor’s computation time shall commence upon the Actor’s arrival.(1) General. Before any chorus performers are hired, there shall be chorus auditionsopen to all performers. The following conditions shall apply:(a) Among the chorus auditions held, there shall be auditions for Equityperformers. The Producer shall follow all Equity rules regarding Equityauditions.(b) The Producer is under no obligation to hire any person pursuant to anychorus audition procedures including the procedures for Equity performersset forth below.(c) Agent-submitted auditions shall not be permitted prior to the completionof all other auditions.(2) Equity Chorus Auditions. Chorus auditions for Equity performers shall beconducted as follows:6


(a) The Producer shall provide Equity at least three week’s notice of the firstcall for Equity Chorus auditions and notice of the final call. Equityrepresentatives shall be present at the place of the call.(b) The Producer shall not hold Equity Chorus calls or auditions on any daywhen an Equity meeting is scheduled, provided that Equity gives notice inadvance of such meeting.(c) A representative of the Producer who has been authorized with castingauthority (e.g. one who can effectively recommend performers foremployment by the <strong>Theatre</strong>) must be present at all auditions. Either thedirector, musical director, composer, or choral director must be present at allEquity auditions for singers. Either the choreographer, assistantchoreographer, or dance captain must be present at all Equity danceauditions.(d) The Producer shall audition singers (male and female) and dancers(male and female) separately at the first call for Equity Chorus performers.For productions in which Equity performers are required to sing, there mustbe an audition for singers at which performers must be given an opportunityto audition in their primary skill before they may be requested to move ordance. In productions in which Equity performers are required to dance,there must be an audition for dancers at which performers must be given anopportunity to audition in their primary skill before they can be requested tosing.(e) Dance auditions must be conducted on approved dance surfaces.(f) Equity auditions may, if necessary, be held on two separate days, oneday for voice and one day for dance and general qualifications. If said twodays are not consecutive, performers shall not be required to report for anypurpose on the intervening days. The performers shall not be required,during the audition, to rehearse numbers to be used in the production. If sorequired, rehearsals shall be deemed to have begun.(g) If Equity performers are called for any day, work on any day after thethird audition day, or are called for a fourth audition, the performers shall becompensated on the basis of one-sixth of minimum salary for each day orpart thereof.(h) For each Equity performer, there shall be a break of at least one-hour,after not more than five consecutive hours of audition. For each hour or partthereof, over five hours without a break, the performer shall be paid $25 untilsuch break is given. No audition shall continue past 12 Midnight.(i) The Producer shall provide a piano and a professional pianist proficientin the skill of accompanying and who can sight-read at all auditions at whichthe Actor is required to sing and/or dance.(C) Additional Equity Provisions.(1) Safe and Sanitary Provisions.(a) When auditions are held in studios the Producer agrees to provide:(i) Separate change facilities (not lavatories) for men and womenrequired to dance.7


(ii) A waiting room (other than the auditioning room and changingrooms) which shall have seats and open space where the Actor maywait and/or warm-up for the audition.(iii) An audition room which is properly lighted, ventilated and heated(when necessary) during inclement or cold weather to at least 68degrees Fahrenheit.(iv) Drinking water. Free ample, pure cool drinking water shall beprovided wherever the Actor is required to audition.(b) When auditions are held in theatres, the Producer agrees to provide tothe extent possible, facilities and conditions similar to those described in6(C)(1)(a) above.(c) <strong>Actors</strong> will not be allowed to audition in any premises that do not complywith California State laws and building codes.(d) When interviews and/or auditions are being held, the Producer or theProducer’s representative shall designate an area where smoking ispermitted and no smoking shall be permitted outside this said area.(e) Floors. (See Rule 55(C)).(2) Liability Insurance. The Producer shall provide liability insurance at all interviewsand auditions and shall make the name of the insurance carrier available to the<strong>Actors</strong> at the place of the interview and/or audition. In the event of an injury theProducer shall advise the Actor of the procedure for filing a claim.(3) No televising, filming, videotaping, or sound recording of Equity performers shallbe permitted at any Equity audition, interview, Chorus call or call backs without thewritten consent of Equity.(4) Cast Breakdown of New Musicals. [See also 18(C), CONTRACT](D) Script Advisory Review(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 <strong>Actors</strong> 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 <strong>Actors</strong> 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. [See 28(F), EQUITY: SPECIALPROVISIONS](1) It is the intent of the Producer and Equity that casting for all roles be madewithout regard to sex, race, color, creed, national origin, age, disability, sexualorientation, political persuasion or belief. As an aid in achieving cast integration, andin order to promote the employment in pursuance of equal opportunity for all8


performers, the Producer will submit two scripts and/or outline and castbreakdown/understudy requirements to a Script Advisory Committee of Equity atleast three weeks prior to the Equity Principal Auditions. This Committee shall act inan advisory capacity only. After having reviewed the script, the Committee shallsubmit recommendations to, and be prepared to discuss them with, the Producerand/or Producer’s representative regarding those roles in which ethnic minorities;women and disabled performers might be cast.(2) It is understood that the script is delivered confidentially and is not forpublication; that the recommendations of said Script Advisory Committee shall bemade only after an actual reading of the script. It is further understood that theProducer shall have the right to discuss the script and the Script AdvisoryCommittee’s recommendations with the Script Advisory Committee. The ScriptAdvisory Committee shall provide written recommendations to the Producer. If theProducer gives written approval, Equity may disclose said recommendations.However, if the Producer, or the Producer’s representative, fails to avail himself of ameeting with the Committee within <strong>10</strong> business days of receipt of therecommendations, the Producer shall be deemed to have approved the disclosureof the recommendations by Equity. Any disclosures by the Script AdvisoryCommittee under the provisions of this Rule are limited to posting on the Equitycallboard and submissions to the following newspapers: Variety, <strong>Hollywood</strong>Reporter, Back Stage West and other related trade publications only.(3) Producer’s representative shall be a suitable person with the authority to makecasting recommendations and to share in the casting decisions.(E) Equal Employment OpportunityIt is the intention of the parties that audition/interviews shall be conducted in amanner that continues to promote fair consideration to ethnic performers (including,but not limited to African-Americans, Hispanic-Americans, Asian-Americans andNative Americans), women, seniors and performers with disabilities. Toward thisend, the Producer agrees that casting of all productions will be conducted in amanner that provides full and fair consideration to ethnic performers, women,seniors, and performers with disabilities.It is the intent of the parties that casting for all roles shall be made without regard torace, color, national origin, creed, disability, gender or sexual orientation. It is thedesire of the parties that the stage reflect a multi-cultural society. In furtherance tothis policy, and with due regard for the requirements of and suitability to a job, theProducer shall endeavor to hire ethnic performers, women, seniors, and performerswith disabilities.(F) Non-Discrimination(1) The Producer shall not practice discrimination against any Actor on the basis ofrace, color, creed, national origin, gender, sexual orientation, political persuasion orbelief, age or disability of such Actor.(2) The Actor shall not be required to perform in any theatre or other place ofperformance where discrimination on the basis of race, color, creed, national origin,gender, sexual orientation, political persuasion or belief, age or disability is practicedagainst any Actor or against any patron as to admission to or seating in such atheatre or other place of performance.9


(G) Inclusive Casting(1) The parties hereto affirm commitment to an inclusive casting policy known asInclusive Casting. Inclusive Casting is for the purpose of increasing employment forethnic performers, women, seniors, and performers with disabilities, and is for thecasting of such performers in roles where race, age, ethnicity, gender or thepresence or absence of a disability is not germane to either the play or thecharacter’s development.(2) In furtherance of this goal, the Producer agrees to make a determination of nontraditionalcasting opportunities, taking into consideration any suggestions made byEquity, and to identify for use in all published casting notices and in the Producer’sannouncement to agents and casting directors roles available for non-traditionalcasting and to actively solicit the participation of ethnic performers, women, seniors,and performers with disabilities. The foregoing constitutes an expression by Equityand the Producer of their desire to encourage and promote inclusive employmentpractices.(3) Producer agrees to encourage all Directors, Choreographers and CastingConsultants in the Producer’s employ to select in accordance with the policyoutlined in 6(E) & 6(F). Furthermore, the Producer will provide a statement of thisinclusive casting policy to all Directors, Choreographers, and casting Consultants.(H) Performers with Disabilities(I) Records(1) When a role to be cast depicts a person with a disability, the Producer shallinclude this information in the casting specifications and, at the same time, shallnotify Equity of such specifications so that performers with a comparable disabilityshall be informed and given the opportunity to audition for the role. Producers willmake every effort to cast a role depicting a person with a disability with a performerwith a comparable disability.(2) When a Producer holds auditions in premises which are not architecturallyaccessible for performers with disabilities, Producer will, upon notification by Equityor by a performer with a disability who wishes to attend the audition, arrange forappropriate facilities to accommodate performers with disabilities.(3) When a deaf performer is sought the Producer shall provide, during the audition,a qualified interpreter for the deaf (One qualified or certified in sign language or oralinterpretation).(4) All audition material provided by the Producer shall, upon request, be madeavailable to blind and visually impaired performers at a place to be designated bythe Producer at least 48 hours in advance of the audition.The Producer will maintain for each production records of ethnic minorities, women,seniors and performers with disabilities auditioned, interviewed, hired, and/or replacedand will forward such records to Equity within 30 days of the final performance of theseason. Equity will provide the applicable form.<strong>10</strong>


7. BILLING AND PROGRAMS(See also Rule 46, PRESS RELEASES).(A) House Board. The names of all Principal and Chorus <strong>Actors</strong> and Stage Managers shallbe listed alphabetically on a house board either in front of the theatre or prominentlydisplayed inside the lobby. Should there be errors or omissions in this listing, provided sucherrors or omissions are not corrected within two business days after the day on whichwritten notice either by Actor or Equity is received by the Producer, the Actor shall be paidone-eighth of the Actor’s contractual salary for each day the error is not corrected. (Seealso Rule <strong>13</strong>, CHANGES IN CAST: DUTY TO ANNOUNCE and Rule 67,UNDERSTUDIES).(B) House Board Upon Termination. When a Principal Actor’s contractual employment isterminated, the Actor’s name and/or likeness (in photographs portraying three <strong>Actors</strong> orfewer) must be removed from all front-of-the-house boards and frames where the show isplaying as well as from all frames at other theatres. The removal shall be made prior to thefirst performance of the Principal Actor’s successor. Should the Producer fail to comply withthis Rule within three days after the giving of written notice either by the Principal Actor, thePrincipal Actor’s successor and/or Equity, the Producer shall pay extra to the PrincipalActor currently performing and to the Principal Actor whose name and/or likeness has notbeen removed, one-eighth of their respective weekly salaries for each day that theProducer has not complied with the Rule.When a Principal Actor’s contractual employment is terminated, the Principal Actor’s photographon and/or in the programs must be submitted for removal prior to the next printing deadline.In connection with all other advertising and display media under the Producer’s control, theProducer shall exercise reasonable diligence in removing the name and/or the likeness of thePrincipal Actor no longer in the cast.(C) Actor Billing in Rider. All provisions pertaining to billing of the Actor not set forth hereinshall be specifically set forth in writing as a rider to the Actor’s employment contract. Ifbilling is contingent on the billing of any other Principal Actor, such contingency shall beclearly and succinctly set forth in the contract.(D) Breach of Billing. Whenever a breach of a billing clause contained in an Actor’sindividual contract is claimed, Equity or the Actor shall notify the Producer by certified letterreturn receipt requested, or by hand delivery with receipt signed by the party addressed ortheir designee, of the breach.(1) If the breach is not corrected within seven days of receipt of notification exceptas provided below, the Producer shall pay to the Actor a sum equal to one-eighth ofthe Actor’s salary for any time during the first week the breach continues after theseventh day. For each week the breach continues thereafter, or if additionalbreaches occur and the Producer has been properly notified, the Actor shall be paidcumulatively an additional one-eighth per week or per breach for as long as thebreaches continue (i.e., two-eighths for the second week or second breach, threeeighthsfor the third week or third breach, and so forth).(2) If the breach involves billboards, the time interval for correction shall beextended to two weeks. Exempted from this provision shall be posters on unpaidlocations (commonly known as sniping).(3) If the breach involves billing in a magazine or similar publication and theProducer does not correct an error in billing when notified 72 hours prior to the11


press deadline, the Producer shall pay to the Actor a sum equal to one-eighth of theActor’s weekly salary.(4) If the breach involves billing in a newspaper, and the Producer does not correctan error in billing when notified 48 or more hours prior to the press deadline, theProducer shall pay to the Actor a sum equal to one-eighth of the Actor’s weeklysalary.(E) Program and Souvenir Program.(1) Cast List. A cast list must be offered free of charge to every patron who entersthe theatre at all performances. Such cast list must contain the names of all <strong>Actors</strong>and their role or function. The Dance Captain shall be receive billing on the pagewhere the complete cast is listed.(2) Biographies. All Performing Principal and Chorus <strong>Actors</strong> and Stage Managersshall have a biography in the program, playbill, and souvenir program. Thebiography will contain professional credits and biographical data. The Actor shallhave the right of approval of biographical material which approval shall be in writingand not unreasonably withheld. Such approval shall include an indication of thepreferred cuts in the event that limitations of space require editing. Should the Actorfail to indicate such preferred cuts, the Producer shall be free to edit at theProducer’s discretion. Biographical material not disapproved within 48 hours of itssubmission to the Actor shall be considered approved. Replacement actorsengaged for one week or more shall have biographical material inserted in theprogram if the Actor replaced was a performing Principal Actor or a performingChorus.(3) Equity Bio. There shall also be biographical material about Equity, supplied bythe union.(4) Equity Designation. The following wording shall appear on the cast page in theprogram: “This theatre operates under an agreement with <strong>Actors</strong>’ EquityAssociation, the Union of Professional <strong>Actors</strong> and Stage Managers.”(5) Union Logo. See Rule 69 UNION LOGO.(6) Omissions or Errors. In the event that there are errors or omissions in the printedcast listing in the Playbill or program, the Producer agrees that upon receipt ofnotice of an omission or error in such cast listing, the Producer will, within 24 hours(including at least one business day), place in the Playbill or program amimeographed or printed slip correcting the omission or error, and will also correctthe omission or error in the next printing of the Playbill or program, provided suchnotice is given at least 24 hours prior to the press deadline. Souvenir programs shallbe corrected at the next printing.(7) Penalty. For each failure to either place a correction slip in the Playbill orprogram as stipulated above, or to correct the Playbill or program cast listing at thenext printing, after proper notice, the Producer shall pay the Actor involved, a sumequal to one-eighth of the Actor’s contractual salary for each week or part thereofduring which the omission or error continues.8. BINDING EFFECT OF AGREEMENTAll contracts of employment signed pursuant to this Agreement are binding not only uponthe signers on the face thereof, but upon any and all corporations, co-partnerships,12


enterprises and/or groups which said signers or each of them directs, controls or isinterested in, and are hereby agreed to be adopted as their contract by each of them.9. BLACKLISTINGThe Producer and Equity both pledge themselves to prevent blacklisting in the theatre.Opposition to blacklisting is not a controversial issue between the Producer and Equity.“Blacklisting” for the purposes of this Rule shall mean the submission by the Producer,directly or indirectly, to individual or group pressure, and/or the use of private lists,published or unpublished, of persons not to be employed in theatrical productions forreasons having no direct relation to their theatrical ability. To that end, Equity and theProducer shall jointly investigate and deal with all complaints of blacklisting in the theatre,and take any and all lawful means to correct, remedy, and actively resist each and everyinstance of blacklisting, as and when it arises.<strong>10</strong>. BREACHES BY PRODUCER(A) Should the Producer(1) Breach an individual contract of employment, or any part thereof; or(2) Breach or fail to abide by or conform to any Rule which is a part of theemployment contract of any Actor; or(3) Make any false statement in connection with any employment agreement orregarding security; or(4) Employ or have employed any Actor under any form of contract other than anEquity contract form; or(5) Be in default as to any employment contract with any Actor, or breach any suchemployment contract, past or present; or(6) In the future, breach any such employment contract; or(7) Fail to give or deposit security at the time and in the form and amount requiredby Equity; or(8) Otherwise breach or fail to live up to any contract of employment or Equity Rule;or(9) Should any situation arise where, because of the act of the Producer, or theProducer’s fault or default, the Actor is released from the Actor’s obligation to work,then in either of said events, the Actor may, Equity consenting, forthwith terminatethe Actor’s employment, and shall be released from the Actor’s obligation to renderservices to the Producer.(B) In addition thereto, the Producer agrees to pay the Actor forthwith, in full, for all servicesrendered by the Actor, plus any other sums to which the Actor may be entitled by contractor by Equity rules, and for any damages that may arise under contractual law and also, asliquidated damages, no present basis of calculation existing, a sum equal to two weeks’salary. Against said sum equal to two weeks’ salary, no offset shall be allowed the Producerfor earnings of the Actor in a new or subsequent engagement. These provisions shall applyto and for each production contracted.(C) Disputes as to the applicability of the foregoing paragraph shall be subject to thearbitration provisions of Rule 5, ARBITRATION, and neither Equity nor the Actor may finally<strong>13</strong>


determine any question of violation or breach on the part of the Producer, except as toviolations of Rule <strong>10</strong>(A)(4) and <strong>10</strong>(A)(7). In the event of the Producer’s breach of saidRules, 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 Equity mayconsider just and equitable.11. CALLBOARDA callboard shall be maintained back stage at each <strong>Theatre</strong> on which information importantto the cast shall be posted. This information shall include any notices, correspondences orletter(s) of information sent by Equity to the company; Workers’ Compensation carrier andpolicy number; members of the Producer’s staff whom the <strong>Actors</strong> can contact in case ofemergency; information regarding fire exits and fire-fighting equipment and properprocedures in case of fire, earthquake, or other natural disasters; addresses of hospitals inthe area; information as to safe keeping of <strong>Actors</strong> valuables by the Producer; and brush-uprehearsal calls after opening. All other calls shall be given to the <strong>Actors</strong> by the StageManager.12. CAMERASPrior to curtain, an announcement will be made that the taking of photographs or recordingsof any type is strictly prohibited. An international sign prohibiting photography (a camerawith a “slash” mark through it) will also be prominently posted in the lobby.<strong>13</strong>. CHANGES IN CAST: DUTY TO ANNOUNCEAll Understudies to Principal <strong>Actors</strong> shall be listed in the program and/or Playbill. (See alsoRule 67, UNDERSTUDIES, and Rule 52, REPLACEMENT OF ACTOR).(A) All changes in cast (except as provided below) shall be made by one of the followingmethods:(1) Either, announcement of the change in cast shall be made from the stage orover the public address system at the rise of the curtain; or,(2) Such announcement shall be made in all programs and/or Playbills by theinsertion of a printed slip.(B) In addition to the above, such announcement shall be posted conspicuously,prominently, and in an unobstructed manner at the entrance to the theatre at the placewhere tickets of admission are collected. Such announcement shall be at least 8 by <strong>10</strong>inches in size with the name of the part and the Actor in letters of at least one inch. Postedannouncement need list only the character and name of the Understudy or replacementActor.(C) If an Actor terminates the Actor’s employment in accordance with Rule 36, MILITARYSERVICE OF THE ACTOR or Rule 65, TERMINATION, or if the Actor is absent inaccordance with Rule 36, MILITARY SERVICE OF THE ACTOR, the cast change shall beannounced by means of Rule <strong>13</strong>(A)(2) and <strong>13</strong>(B) above.(D) If an Actor is absent for any other reason for more than one day, a printed slip, asprovided in <strong>13</strong>(A)(2) above, must be inserted in the program on the day following onebusiness day after the change occurs. However, on the day an Actor actually returns to thecast, or on the day the Actor is scheduled to return, announcement of the change may bemade by means of <strong>13</strong>(A)(1) or <strong>13</strong>(A)(2) and <strong>13</strong>(B).14


(E) For each failure to give the notice of substitution required by this Rule, the Produceragrees to pay the Actor whose part is played by an Understudy or another Actor, and alsosuch Understudy or other Actor, a sum equal to one-half of the Actor’s own weekly salary inaddition to Actor’s contractual salary.14. CHORUS: ADDITIONAL COMPENSATION(A) Playing a Part. If a Chorus Actor is required to play a part, speak lines, sing a song, orperform a dance that is individual in its character, the Chorus Actor shall be paid not lessthan $20 per week in addition to Chorus Actor’s weekly contractual salary for each suchassignment or part.(B) Understudy to Chorus Playing a Part. If a Chorus Actor (including Swings) understudiesanother Chorus Actor who is paid for playing a part or specialty, as defined in Rule 14(A)above, said Chorus Actor shall be paid not less than $12.50 per week for each suchUnderstudy assignment or part in addition to weekly contractual salary.(C) Swing. In a production with Chorus <strong>Actors</strong>:15. CLAIMS(1) A full swing shall be employed and signed to a Chorus contract if seven or moreChorus <strong>Actors</strong> are employed in the production. Said swing shall be employed nolater than two weeks prior to the first paid public performance.(2) If there are six or fewer Chorus <strong>Actors</strong> in a production, then the following shallapply:(a) Partial Swing. A Chorus Actor shall be designated to swing one or morenumbers in the production and shall receive no less than $<strong>10</strong> per week inaddition to the Chorus Actor’s weekly contractual salary for eachassignment; or,(b) A full Swing shall be employed and signed to an appropriate Choruscontract.(A) Waiver or Release Not Permissible. Upon any claim of the Actor arising under theActor’s agreement through any breach thereof, no receipt, waiver, release or adjustment bythe Actor is of any validity whatsoever, unless Equity consents in writing and the Producerby agreeing to this Rule, agrees not to seek or solicit any such waiver, release, orsettlement, nor offer the same in any arbitration or any proceeding in court unless Equityspecifically consents in writing. In no case shall claims of <strong>Actors</strong> under employmentcontracts be handled or enforced by agents or attorneys of said <strong>Actors</strong> unless same areconsented to by Equity in writing.(B) Time Limit in Filing Claim. Should the Actor deem that the Actor has any claim againstthe Producer under the Actor’s contract, the Actor shall present the same to Equity or to theProducer within four weeks after the time when such claim shall have risen unless the <strong>Actors</strong>hall give to Equity and to the Board of Arbitration or to either of them a good and sufficientreason for any delay after such period of four weeks.16. CLOTHES AND MAKE-UP(A) Personal Wardrobe. The Actor may not be required to use the Actor’s personalwardrobe in the production. The Producer shall provide to all <strong>Actors</strong> performing a Principal15


or Chorus role all hats, costumes (period or modern), wigs, beards, hair pieces, footwear,including properly fitted shoes (which if modern and conventional shall be new), tights, hoseand stockings except modern conventional undergarments. In no event shall a Producerrequire the Actor to purchase any clothes for the production.(B) Rentals. No Actor shall rent or lend any wardrobe to a Production for use in anyproduction until the terms of the rental, based on the schedule below, are stated in a rider tothe Actor’s contract of employment. The agreed upon payment shall be paid weekly to theActor with the Actor’s salary and by separate check. These payments shall not be subject todues or pension.(1) The following shall be the minimum weekly rental fee when an Actor agrees tofurnish the Actor’s own clothing for a production:Topcoat .................................................................... $<strong>10</strong>.00Overcoat................................................................... $<strong>10</strong>.00Raincoat ..................................................................... $9.00Suit Jacket.................................................................. $9.00Blouse ........................................................................ $5.00Dress........................................................................$<strong>13</strong>.00Ensemble (Shirt, Suit, Shoes, Hat, etc.)..................$30.00Jeans.......................................................................... $4.00Shirt ............................................................................ $5.00Skirt ............................................................................ $6.00Dance Shoes:Dance Wear:Professional jazz shoes ............................... $8.00Character shoes........................................... $8.00Tap shoes..................................................... $8.00Pointe Shoes................................................ $8.00Dance boots ................................................. $8.00Leotard ......................................................... $5.00Tights............................................................ $5.00Briefs............................................................. $5.00Dance Belts.................................................. $5.00Dance Bras................................................... $5.00Shoes......................................................................... $6.00Shorts......................................................................... $3.00Slacks......................................................................... $6.00Sneakers.................................................................... $4.00Suit ...........................................................................$20.00Sweater ...................................................................... $4.00Hat.............................................................................. $4.00Tie .............................................................................. $1.00Wig or Hairpiece ......................................................$15.0016


(C) Shoes.(2) With respect to garments the above price shall be the weekly rental fee. Withrespect to garments not appearing on this schedule, the rental or loan will benegotiated to the mutual agreement of the Actor and the Producer. The costumeshall remain the property of the Actor but will remain in the theatre for the rentalperiod.(3) When the Actor is provided the costume(s) by the Producer and the Actor elects,with the consent of the Producer, to wear the Actor’s own clothing then, in thisevent, the Producer shall not pay any rental fee.(1) The Producer shall provide properly fitted footwear which, if for dancing, shall benew. All other footwear shall be clean, sanitary, and in good repair.(2) Dance Shoes. The Producer shall provide properly fitted professional danceshoes for all members of the cast who are required to dance. Dance shoes mayrepresent the period of a production or nature of a specific character (e.g. sneakersin West Side Story, athletic shoes in Damn Yankees) and must conform to theappropriate style of the movement. All footwear shall be of a suitable constructionfor dancing when used for theatre dance movement. Professional dance shoes arenot required for normal ballroom dancing or where there are minimallychoreographed movements. The Producer shall provide professional dance shoesat least one week prior to dress rehearsal.The Producer shall furnish Pointe shoes with ribbons for all rehearsals andperformances requiring Pointe shoes. The Producer shall furnish at least one pairof Pointe shoes for each member of the cast called upon to dance in Pointe shoes.New Pointe shoes shall be provided sufficiently in advance of their use to allow theActor adequate time to break in the shoes.Shoes for dancing shall be rubbered and braced and shall be repaired or replacedwhenever necessary.(D) Cleaning and Upkeep. All clothing worn by the Actor for use in the Production, whetherfurnished by the Producer or not, shall be cleaned whenever necessary but at least everytwo weeks and laundered at least after every four performances. Costumes shall be airedwhenever possible. Costumes shall also be repaired or replaced whenever necessary.(E) Make-Up. The Producer shall supply all make-up, except ordinary and conventionalmake-up.(F) Knee Pads and Protective Clothing. Prior to any activity that requires knee and elbowpads and protective clothing, the Producer shall furnish new and properly fitted (i.e. small,medium, large, or extra large) items for the exclusive use of the Actor for all rehearsals andperformances.(G) Skin Parts. Clean and dry skin parts, except for painted unitards (which must be dry foreach performance), shall be furnished for every performance. All skin parts of costumesand/or clothes shall be new when issued to Actor. Skin parts include but are not limited to:socks, stockings, pantyhose, tights, body stockings, underwear, T-shirts, bras, jockstraps,dance belts, dance trunks, dress shields, slips, thongs, and bathing suits. “Skin Parts” areto be defined as any costume pieces that touch the skin. Costumes are not considered“Skin Parts” when worn with foundation garments such as T-shirts or undergarments.Laundered items shall be completely dry and delivered prior to the “half-hour” call.(H) Back-Up Costumes. Back-up costumes shall be provided whenever necessary.17


(I) Change of Hair Color. The Actor may not be required to change the color of the Actor’shair unless the Actor agrees in writing, and the Producer shall pay for the expense ofchanging the color and of its upkeep during the run of the engagement and of therestoration to the original color at the end of the Actor’s engagement.(J) Change of Hair Style. The Actor may not be required to cut or change the style of theActor’s hair in any way, or to shave the Actor’s head unless the Actor agrees in writing, andthe Producer shall pay the original expenses and the upkeep of said hair or hair style duringthe run of the Actor’s engagement.(K) Costumes for Understudies and Swings. When possible any costume worn by anotherActor shall be cleaned prior to its use by any Actor or Understudy and again prior to itsfurther use by any other Actor, including the Actor to whom it is regularly assigned.However, if an Understudy who does not have a full set of costumes is required to appear,costumes worn by said Understudy must be cleaned not later than the first business day onwhich no matinee performance occurs following the Understudy’s appearance, or as soonas possible.(L) Costume Measuring. The Actor shall be available for one costume measuring prior tothe rehearsal period at a mutually convenient time, and one two-hour costume call inaddition to the regular rehearsal hours during the rehearsal period, provided that the hoursfor the costume call and rehearsals shall be consecutive. Producer shall use best efforts toconduct costume calls at the place of rehearsal or the Actor shall receive carfare ortransportation if required to travel to and from the costumer.17. CONTINUOUS EMPLOYMENTContinuous employment is the essence of all employment contracts; all calculations ofsums due or benefits accruing to the Actor shall be computed on the basis of consecutiverehearsals and consecutive employment.18. CONTRACT(A) Actor’s Contract.(1) The Actor’s contract shall be signed on the date when the terms of the contractare agreed upon between the parties. If not signed on said date when issued, theymust be signed as of said date.(2) Contracts between Producer and Actor must be signed before the Actor shall bepermitted to rehearse or perform.(3) Unless contracts are signed concurrently, they must be signed by the Producerfirst. If the contract is not signed concurrently, the Producer may notify the Actor orthe Actor’s designated representative, by personal delivery or certified mail, that,unless the contract is signed and returned to the Producer within a specified timeperiod which shall be not less than three business days after receipt of the notice bythe Actor, or the Actor’s designated representative, the contract is null and void.(B) Changes and Alterations.(1) The Actor and/or Producer have no right or power to waive any of the minimumconditions set forth in the employment contract or Equity Rules without the writtenconsent of Equity. Unless any and all riders, changes, alterations, waivers, orsubstitutions made prior to, when or after a contract of employment is made shallhave been consented to by Equity in writing, such riders, changes, alterations,18


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 submitproposed changes to Equity for its written approval by a duly authorizedrepresentative of the Producer.(2) If Equity fails to notify the Producer of its disapproval of said riders, changes,alterations, waivers or substitutions within seven business days after receipt thereofby Equity, they shall be deemed approved. At the option of Equity, no such riders,changes, alterations, waivers, or substitutions shall be admitted in evidence in anyarbitration or by any tribunal for the disposition of any claim without the writtenconsent of Equity.(3) The Producer agrees that all blanks, including opening date, name of part, andsalary will be filled in, in writing, before signing or delivery.(C) Executed Agreement. Within one week after entering into any employment contract(and where the Actor is employed after rehearsals have begun, within three days after theActor has begun to rehearse) the Producer shall file with Equity a signed copy thereof.Failure to do so shall constitute a breach of contract by the Producer, and the Actor may, atany time, Equity consenting, terminate the contract without notice, and the Producer agreesto pay the Actor as damages for breach a sum or sums to be computed as in the case ofbreach of Rule <strong>10</strong>, BREACHES BY PRODUCER.(D) Attempted Breach. No Actor shall agree with a Producer, employment agent, personalrepresentative, or other Actor, and no Producer shall agree with any Actor, employmentagent, or personal representative to cause, or attempt to cause, or agree to permit anybreach of any term of any employment contract.(1) Should any Actor engage in such conduct, said Actor shall be subject to suchdisciplinary action as Equity may determine.(2) Should any Producer be found by an arbitration tribunal to have engaged in suchconduct, said Producer agrees that such conduct on the Producer’s part shall be abreach of the Producer’s employment agreements with <strong>Actors</strong> entitling any such<strong>Actors</strong> to recover from the Producer, Equity consenting, a sum equal to two weeks’salary as liquidated damages, no present basis of calculation existing. The Producerfurther agrees that upon such breach, the Producer’s name may be posted on theDefaulting Employer’s List maintained at Equity.(3) In the event of a recovery of liquidated damages by or on behalf of the offendingActor, the same shall be paid into the <strong>Actors</strong>’ Equity Foundation.(E) Determination of Classification. Equity has the sole right to determine whether anindividual is correctly classified as a Principal, Chorus, Stage Manager, Assistant StageManager or Extra, and the Producer agrees that Equity’s determination shall be final. [Seealso 6(C)(4) AUDITIONS AND INTERVIEWS.]19. CONVERSION RIGHTS(See also Rule 51, REOPENING OF A PLAY).(A) Contract with Higher Minimum Salaries.(1) Should the Producer, or should any management, group or enterprise which theProducer controls or directs, produce a play under this Agreement andsubsequently produce the play under a contract with higher minimums, the19


Producer agrees to offer any member of the company employed on Equity contractwho was originally engaged on the <strong>Hollywood</strong> <strong>Area</strong> <strong>Theatre</strong> Contract and whoactually performed a role or function in the <strong>Hollywood</strong> <strong>Area</strong> production anopportunity to continue in the first subsequent production only. The Producer agreesthat any offer shall be made in writing to the Actor, copy to Equity, at least fourweeks prior to the date of first rehearsal for the subsequent production. TheProducer may require the Actor to respond in writing by hand delivery, facsimile ortelegram, within three business days of receipt of said offer. The cost of saidtelegram or facsimile shall be reimbursed by the Producer. The Producer agrees toreimburse any member of the company employed on Equity contract not offered theActor’s same role or function three weeks’ applicable minimum salary of thesubsequent contract (for the Actor’s category) or three weeks’ contractual salary ofthe original <strong>Hollywood</strong> <strong>Area</strong> <strong>Theatre</strong> contract, whichever is greater.(2) However, if any member of the company on Equity contract who originallyperformed the role or function has been out of the production for a period of twomonths or more prior to the time the play is subsequently produced under the newcontract, the Producer may as an alternative, offer the role or function to any past orpresent member of the company on Equity contract who has performed the samerole or function for two months or longer.(3) In the event the first subsequent production of the play is produced under a newEquity Contract, and the Producer does not control or direct the production of theplay but in which Producer has a financial interest, the Producer agrees that anyfinancial remuneration the Producer receives from the transfer to that firstsubsequent production shall be used on a 50/50 basis (Producer/<strong>Actors</strong>) tocompensate the members of the company on Equity contracts as defined in Rule19(A)(1) or 19(A)(2) who were not offered the same roles or functions, a maximumof three weeks’ applicable minimum for their category or three week’s contractualsalary, whichever is greater. In the event the Producer’s financial remuneration isinsufficient to fully compensate the members of the company on Equity contractshereunder, payments must be made on a pari passu basis to all those entitled tosuch payment.(4) The above will pertain for a period of 18 months following the close of the<strong>Hollywood</strong> <strong>Area</strong> <strong>Theatre</strong> Contract production.(B) Showcase Production/LA 99-Seat <strong>Theatre</strong> Plan: Conversion From.(1) Should an Equity Showcase production, a Los Angeles 99-Seat <strong>Theatre</strong> Planproduction or any <strong>Actors</strong>’ Equity Association Code production which includes afuture rights clause be produced under this Agreement within five years of its lastperformance as a Showcase or Los Angeles 99-Seat <strong>Theatre</strong> Plan production, all<strong>Actors</strong> engaged in such production must receive a 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 therefore in the amountof four weeks’ current minimum <strong>HAT</strong> salary. If more than one such production hasbeen produced within five years, Producer shall be responsible hereunder only tothe cast of the first such production.(2) If an Actor accepts a role or function in the production different from the one theActor performed in the Showcase or other such production, the Actor may agreewith the Producer to waive the payment required under this Rule.20


(3) This provision is not applicable where the subsequent production under the<strong>Hollywood</strong> <strong>Area</strong> <strong>Theatre</strong> Contract is not the first standard Equity contractpresentation of the play within five years of the Showcase, or other such production,provided the intervening contract presentation has satisfied the applicableconversion rights clause.20. DANCE CAPTAIN(A) Whenever there is musical staging and/or choreography a Dance Captain must be hiredno later than the first day of rehearsal.(B) Dance Captains shall be paid from the date of assignment or first day of employment,but in no event later than the first day of rehearsal.(C) Dance Captains shall be paid according to the salary schedule set forth in Rule 56(A)SALARIES, from the first day of assignment.(D) The Stage Manager shall not serve as Dance Captain.(E) After the Official Opening rehearsal hours for Dance Captain(s) shall be limited to <strong>10</strong>hours per week.(F) The Dance Captain shall receive billing on the page where the complete cast is listed.21. DEFAULTING EMPLOYERS(A) A Producer shall not be eligible to engage any Actor unless and until said Producershall have furnished security in such amount and in such manner and form as may besatisfactory to Equity to insure the payment of the claims of any Actor against saidProducer.(B) Any Producer engaging any Actor represents that said Producer is not in default underany agreement with Equity at the time of such engagement, and that no contract has beenentered into between said Producer and Equity or any Actor, any breach of which remainsunsettled or unliquidated.(C) No Actor shall work or be required by any Producer, without the consent of Equity, towork for any person, partnership, corporation, enterprise, or group which has violated or isviolating any agreement with Equity or any <strong>Actors</strong>; or which has failed to abide by anyarbitration award, or where, permitted herein, any final determination of Equity; or which,through failure to meet past obligations to Equity, has been placed on Equity’s “DefaultingEmployers’ List;” nor shall any Actor work for or be employed by anyone who is or has beenconnected, either as an individual proprietor, general partner, associate producer, corporatedirector, officer, active stockholder or otherwise with any defaulting Producer so specified,without the consent of Equity.(D) No Actor shall work or be required to work or continue in employment of any Produceror company, if and when Equity shall be dissatisfied with the quality or amount of anysecurity which may be offered or given or requested by Equity to secure the payment of anyclaim, present or future, of any Actor.22. DEFINITIONS(A) Actor. The term “Actor” shall refer to and include all persons who are under Equitycontract and shall include the following:21


(1) Principal Actor. The term “Principal Actor” shall include <strong>Actors</strong> hired on Equitycontracts other than those engaged on Chorus contracts and/or engaged to performChorus work.(2) Chorus. The term “Chorus,” “Chorus member,” “member of the Chorus,” “Actorengaged under a Chorus contract” and “Chorus Actor” shall include <strong>Actors</strong> engagedunder Chorus contracts and/or actually performing Chorus work, as may bedetermined by Equity.(3) Stage Manager. The term “Stage Manager” shall refer to and include all personsperforming the customary duties of “Stage Manager,” “First Assistant StageManager,” and “Second Assistant Stage Manager.”(4) Swing. A full Swing is a non-performing member of Chorus who Swings all orfewer than all Chorus performing in Chorus numbers in the production. A PartialSwing is a member of the Chorus who is designated to Swing a Chorus number in aproduction and is not hired solely as a full Swing performer.(5) Understudy. The term “Understudy” shall include all <strong>Actors</strong> performingUnderstudy duties.(6) Part. The term “part” shall mean each character, specialty, or function for whichthe Actor is responsible.(7) Role. The term “role” shall mean the sum of the parts, specialties, functions, andassignments for which the Actor is responsible.(B) <strong>Hollywood</strong> <strong>Area</strong> <strong>Theatre</strong> Contract Use and Limitations. The <strong>Hollywood</strong> <strong>Area</strong> <strong>Theatre</strong>Contract is limited to the county of Los Angeles, unless Equity otherwise consents inwriting, and may not be used in any <strong>Theatre</strong> having a capacity of more than 499 seats.(C) Weekly or Contractual Salary. Contractual salary shall include all compensationreceived by the Actor subject to federal, state or local withholding taxes or payments madepursuant to an authorized corporate rider.(D) Workweek.SundayThe term workweek shall mean from and including Monday through23. DEPUTIES AND MEMBERS: NOT TO BE DISCRIMINATED AGAINSTThe Producer shall not dismiss or otherwise penalize any Actor for fulfilling the Actor’sduties or obligations as a Deputy or an Equity member.(A) In the event the employment of a Deputy is terminated for any reason whatsoever, theProducer agrees to furnish written reasons for such termination to both the Deputy andEquity at the time of dismissal.(B) Any Deputy or Actor who claims that the Producer has given notice or otherwisepenalized said Deputy or member for fulfilling their duties either as a Deputy or as an Actormay present their case to Equity who shall give the Producer an opportunity to be heard ifthe Producer desires to avail himself of this opportunity. If Equity is satisfied that suchactivities are the real cause of dismissal or of any penalty, it may permit the Actor’s claim tobe arbitrated and shall have the power to determine the character and the amount of theclaim to be submitted.(C) It is further agreed that, if upon arbitration the claim of the Deputy or member issustained, the arbitrator shall have the right to impose a penalty, which penalty shall be at22


the discretion of the arbitrator, but shall not be less than five weeks’ salary includingbenefits. If the Deputy or member’s claim is sustained, said Deputy or member shall also bereinstated with back pay from date of dismissal to date of reinstatement.24. DEPUTIES AND REPRESENTATIVESEach company shall elect a Deputy. Deputies shall have the duty and obligation to report toEquity the total weekly hours worked, any overtime, and/or any violation of the rules. Thereshall be a Deputy for Principal <strong>Actors</strong> and whenever a chorus is employed, there shall be aDeputy (or Deputies) for Chorus Singers and Dancers.25. DISABILITY LEAVEAny Actor who becomes disabled during the course of Actor’s employment in theproduction shall be eligible for disability leave in accordance with the following provisions:(A) An Actor who is unable to work may request an unpaid leave of absence for a period ofup to 12 months.(B) An acceptable medical certificate indicating the time necessary for the leave mustsupport such request.(C) Producers shall use best efforts to insure that the duration of the leave relates to thenature of the disability. However, in order to accommodate the needs of the production, theProducer may require that the leave be at least three months in length.(D) <strong>Actors</strong> on approved leave must notify the producer at least one month prior to theexpiration of the leave of their intention to return to work as scheduled or to resign.(E) When a disability leave is requested, Equity will advise the Actor about sick leavebenefits, health benefits, medical coverage and, if applicable, the procedures for directpayment.(F) Prior to an Actor’s return from a leave, Actor will be required to establish that Actor isable to meet the artistic and physical requirements of the production. In addition, atProducer’s option, Actor may be required to submit to an appropriate examination byProducer’s medical representative at Producer’s expense. Actor, at Actor’s option, mayseek a second opinion at Actor’s expense.(G) Actor’s salary on Actor’s return to the production will be the same as when the leavebegan, plus any increases required by the <strong>Hollywood</strong> <strong>Area</strong> <strong>Theatre</strong> Agreement.(H) Temporary replacement <strong>Actors</strong> may be hired under “Replacement Contracts” forperiods up to the full term of the leave. Under no circumstances will Producer be required toemploy both <strong>Actors</strong> simultaneously. Such replacements will not be eligible for disabilityleave under the terms of this provision.(I) During the term of disability, the Actor shall not be entitled to any salary for the timeduring which services are not rendered.26. DISCRIMINATIONThere shall be no discrimination against any Actor or applicant for any part or position. (SeeRule 2, AFFIRMATIVE ACTION AND NON-DISCRIMINATION)23


27. DUTIES OF THE ACTORThe Actor agrees to:(A) Actor shall file his/her Contract with Equity in a timely manner.(B) Be prompt at rehearsals;(C) Appear at the theatre no later than one-half hour prior to the performance;(D) Pay strict regard to make-up and dress;(E) Perform the Actor’s services as reasonably directed, to the best of the Actor’s ability;(F) Properly care for the Actor’s costume and props;(G) Respect the physical property of the production and the theatre; and(H) Abide by all reasonable rules and regulations of the Producer not in conflict with EquityRules.28. EQUITY: SPECIAL PROVISIONS(A) Equity as Actor’s Representative. Equity may represent the Actor in any dispute whichmay arise with the Producer, and Equity may at all times, represent the Actor in relation toany matter arising under any employment agreement, and when any act or request orconsent of any such Actor is provided for in such agreement, the request, consent, orapproval of Equity shall, for all purposes, be deemed the consent, request, approval or actof the Actor.(B) Meetings; Privilege of Actor to Attend. The Producer shall not require the services of theActor for rehearsals (except in cases where technical rehearsals and/or dress rehearsalsare being held or rehearsals on opening date) at any time when a regularly calledmembership meeting of Equity is being held. Time off for this purpose shall not be countedas a part of that day’s rehearsal.(C) Authority to Act for the Actor.(1) Whenever it is provided in any employment contract that any act or thing may bedone by an Actor at the option of or with the consent of or at the request of Equity,or on the demand of or with the consent of such Actor, Equity, representing theActor, has and is given the authority to act for and in place of the Actor and to assertthe Actor’s position or make the Actor’s request or demand as the case may be,with all of the power and authority of the Actor, without liability to itself.(2) In all cases where, by virtue of any employment contract, the consent orapproval of Equity is required, Equity has and reserves full discretionary power ingiving its consent to change, modify or limit rights of any Actor under that Actor’scontract, said action to be taken on behalf of the Association in writing by either thePresident, Executive Director, or one of the executives especially authorized to act.(D) Oral and Written Interpretations. Oral or telephone rulings made by Equity are notbinding upon the Association or, except with its consent upon <strong>Actors</strong>. Written rulings orinterpretations of the employment contract or the Agreement Governing Employment in<strong>Hollywood</strong> <strong>Area</strong> <strong>Theatre</strong>s must be either approved or given by the President, ExecutiveDirector, or one of the executives specifically authorized to act, and shall be binding uponthe Association only when said persons act within the powers delegated to them by Equity.24


(E) Should there be any conflict between any Rules or any basis for more than oneinterpretation as to the meaning of any of them, Equity has the right to determine thecorrect interpretation or resolve the conflict, and its decision shall be binding upon Equityand the <strong>Actors</strong>.(F) Determination of Classification. Equity has the sole right to determine whether anindividual is correctly classified as an Actor, Stage Manager, Assistant Stage Manager,Chorus, Understudy, and the Producer agrees that Equity’s determination shall be final andis not subject to arbitration.29. EXTRAORDINARY RISK“Extraordinary Risks” are defined as, but not limited to performing acrobatic feats;suspension from trapezes or wires or like contrivances; the use of or exposure to weapons,fire or pyrotechnic devices; or the taking of dangerous leaps, falls, throws, catches, kneedrops, or slides. Such definition shall also include set construction that is inherentlydangerous.(A) Choreography. An Actor shall also be deemed to be engaging in Extraordinary Risks ifthe staging or choreography requires the dancer to execute movements which depart fromthe accepted techniques of movement and support as used in contemporary theatre dance,i.e., classical ballet, modern, modern jazz, ethnic, tap and soft shoe.(B) Determination. Equity shall have the sole right to determine what constitutesExtraordinary Risk as defined herein, and may in its discretion order that such Risk beremoved from the production. Equity’s decision shall in no way reduce the Actor’s right toproper insurance coverage under the provisions of this Rule.(C) Extraordinary Risk Payments. An Actor called upon to perform “extraordinary risk” shallreceive not less than $15 per week above contractual salary, such payments to begin at thetime of such assignment.[see also Rule 56(P) SALARIES]30. HEALTH RATES: HOSPITALIZATION AND MEDICAL INSURANCE(A) The Producer agrees to contribute to the Equity-League Health Benefits Trust Fund thesums listed below per week for each Actor in its company for each and every week ofemployment during the term for this agreement.Effective Date 12/27/20<strong>10</strong> 12/26/2011 12/31/2012Tier A $145 $148 $155Tier B, C & D $165 $180 $197All amounts inclusive of SWCAt any time during the term of this Agreement, the Union may instruct the Employer inwriting to pay a lower health contribution. The Employer shall then pay such lower healthcontribution to the Health Fund as of the date directed by the Union and shall pay 80% ofthe reduction in the health contribution to each Actor as salary.(B) For the purposes of this rule, a week shall be defined as Monday through and includingSunday. Payments shall be made for each week or part of a week the employee is under25


contract. These monies shall be used to provide health benefits and Supplemental Workers’Compensation insurance for the Actor. [See also Rule 33(C), INJURY & SUPPLEMENTALWORKERS’ COMPENSATION.](C) The Producer hereby agrees to be bound by the Agreement and Declaration of Trustestablishing the aforesaid Health Trust Fund, including all its rules and regulations and anyand all amendments and modifications thereto which may be adopted by its Trustees duringthe term of this Agreement.31. HIRING “AS CAST”: OBLIGATIONS TO ACTOR(A) Actor will be contracted “As Cast” if in the contract of a Principal Actor, the Actor’spart(s) is not specified, then unless Equity shall otherwise order, the Principal Actor shallonly be required to appear and perform in the part(s) in which the Actor performs onopening night or four weeks after the first public performance, whichever occurs first.(1) When the Principal Actor is hired to appear “As Cast,” the Producer must specifythe number of roles and at least two of those roles must be named on the <strong>Actors</strong>contract at the time of signing.(2) Principal <strong>Actors</strong> hired to Understudy “As Cast” must have the number of rolesspecified in the Actor’s contract at the time of signing.(3) The Principal Actor, if the Actor decides not to accept an “As Cast” assignmentprior to the first public performance, may be terminated immediately without penaltyto either party.(B) The Principal Actor hired “As Cast,” except in revues, shall not, without the writtenconsent of Equity, be required to appear and perform in any part or parts other than thepart(s) the Actor appeared in or was assigned to Understudy during the first two weeks ofthe run of the play. (See also Rule 67, UNDERSTUDIES). The reassignment of Understudyparts contemplated by this paragraph shall not be applicable to a case in which the Actorand Producer have agreed to a specific Understudy part(s) in the original contract ofemployment.(C) In no event shall the Actor be required to Understudy unless the Actor’s contractspecifically so provides.32. ILLNESS AND SICK LEAVE(A) During Rehearsals. When the Actor has been absent from rehearsal for seven days byreason of illness or injury, the Producer may terminate the Actor’s contract at the end ofsaid seven days. Equity may, in its discretion, upon appeal by the Producer, reduce thisperiod.(B) During Performances. If the Actor cannot perform on account of illness, injury (otherthan an injury as specified in Rule 33, INJURY & SUPPLEMENTAL WORKERS’COMPENSATION) or any other valid reason, then the Actor shall not be entitled to anysalary for the time during which said services shall not for such reason or reasons berendered. Should the foregoing condition continue for a period of <strong>10</strong> calendar days or more,either party may terminate said contract and the Producer shall pay for all services to theeffective date of termination.(C) Sick Leave. The Actor shall accrue sick leave at the rate of one performance for eachfour weeks of employment. Sick leave shall be credited at the beginning of each four-weekperiod. If an Actor’s salary has been reduced as a result of illness before sick leave has26


accrued, when the Actor earns sick leave the Actor will be reimbursed an amountequivalent to the deduction. Sick leave, however, shall not be added to or be consecutivewith the Actor’s vacation without written consent of the Producer. The Producer may requirereasonable proof of illness.(D) Sick Pay. Upon the termination of the Actor’s employment, and provided that the Actorhas been employed for at least 26 working weeks within a year, the amount of accumulatedsick leave, up to <strong>13</strong> performances per year of employment, shall be paid to the Actor on thebasis of the applicable minimum salary from the date of first employment.(E) Within the first four weeks of employment, the Actor may borrow up to twoperformances of sick leave. If the Producer closes the production before the actual sickleave is accrued, the Actor is not responsible for the monetary amount. If the Actor leavesbefore the actual sick leave is accrued the Actor is responsible for reimbursing theProducer. The amount due the Producer may be withheld from the Actor’s final paycheck.33. INJURY & SUPPLEMENTAL WORKERS’ COMPENSATION(A) Workers’ Compensation. The Producer must obtain and maintain Workers’Compensation insurance coverage for all <strong>Actors</strong>, Stage Managers, and Assistant StageManagers in the Producer’s employ in accordance with the requirements of the law. Failureto obtain Workers’ Compensation shall make the Producer individually liable. Thisobligation shall survive the termination of the Actor’s individual contract of employment.(B) Report of Accident. Within 24 hours of each occurrence, the Actor shall report allaccidents and injuries to the Stage Manager (who shall inform Equity) and the Producer orthe Producer’s representative.(C) Supplemental Workers’ Compensation. The Producer agrees to provide SupplementalWorkers’ Compensation supplementing Workers’ Compensation Disability benefits througha group policy administered by the Equity-League Health Trust Fund. [See Rule 30,HEALTH RATES: HOSPITALIZATION AND MEDICAL INSURANCE]34. JUVENILESThe following special provisions shall apply to <strong>Actors</strong> aged under 16 years at the time ofsigning. These provisions shall apply until the Juvenile Actor reaches the age of 16.(A) Working Papers. A copy of the Juvenile’s working papers must be filed with Equity bythe Juvenile’s first call to work.(B) Supervision. Producer will provide a responsible person to supervise Juvenile <strong>Actors</strong>during the rehearsal period and, after the first public performance, from half-hour until aresponsible parent or guardian calls for the Juvenile Actor after curtain down. Such personshall not be assigned any other duty under jurisdiction of Equity or another theatrical craftunion that conflicts with the supervision of Juvenile <strong>Actors</strong>.(C) A Juvenile Actor may not be called to Understudy or brush-up rehearsals that wouldintrude on the Actor’s normal school day more than once per week.(D) Producer will be responsible for providing services of an accredited or licensed tutor.Tutors will be required to familiarize themselves with the reasonable and customaryschooling requirements of the Juvenile <strong>Actors</strong> by the first day of rehearsal.27


(E) If tutoring is required, when the Juvenile Actor(s) are rehearsing and/or performing on“<strong>10</strong> out 11 ½” hour day, all such required tutoring must be held during the permittedrehearsal hours.(F) Juvenile <strong>Actors</strong> will be permitted to accept publicity assignments in accordance withRule 45, PHOTOGRAPHS AND PUBLICITY, provided such activities do not interfere withthe Actor’s normal school day.(G) Whenever a Juvenile Actor is required to live away from the Actor’s permanentresidence as registered with Equity and further provided the Juvenile Actor is traveling witha parent or legal guardian not regularly employed in the production, Producer, in addition toany other payments required, will pay a Juvenile Actor not less than one-third of the currentProduction Contract per diem.(H) Dressing Rooms. Producer shall use best efforts to provide separate dressing rooms formale and female Juveniles which shall be separate from the adult dressing rooms.35. LAWS GOVERNING(A) All contracts of employment shall be subject to, be construed by and all the rights of theparties thereto shall be determined by the laws of the State of California except asotherwise may be provided. If there are any valid provisions of law applicable to a contractof employment which are in conflict herewith, the provisions of the contract which conflicttherewith shall be deemed modified in conformity with the provisions of such applicablelaws.(B) If any provision of this Agreement shall be held invalid or unlawful by any tribunal ofcompetent jurisdiction, the remaining provisions shall not be affected thereby, but shallremain severally valid, binding, and in full force and effect.36. MILITARY SERVICE OF THE ACTORIf the Actor is called to report for Military Service, the Actor may cancel the Actor’s contractby giving the Producer as much notice as the circumstances will permit.37. MORE REMUNERATIVE EMPLOYMENTFor All Categories the following terms will apply for more remunerative employment(A) Up to Three Days Employment: Should the Actor engaged under a <strong>HAT</strong> contract beoffered more remunerative employment under a 4-A’s contract of no more than three days,the Actor shall be free to accept such employment upon written notice to the Producer andEquity. This written notice must be received by the Producer or the Producer’s dulyauthorized representative as soon as the Actor knows of said employment but no later than24 hours prior the rehearsal or performance to be missed. If proper notice is not given in thetime specified above, the Producer is not obligated to release the Actor.(B) Up to Seven Days Employment: Should the Actor engaged under a <strong>HAT</strong> contract beoffered more remunerative employment of at least three days, but no more than sevendays, under a 4-A’s contract, the Actor shall be free to accept such employment upon 72hours written notice to the Producer and to Equity. If said employment should extendbeyond 14 days, the Producer may terminate the Actor’s contract of employment, uponwritten notice to the Actor and Equity, with no further financial obligation by the Producer tothe Actor. If proper notice is not given in the time specified above, the Producer is notobligated to release the Actor.28


(C) Long Term Employment: Should the Actor engaged under a <strong>HAT</strong> contract be offeredmore remunerative employment of more than seven days, but less than 15 days, under a 4-A’s contract, the Actor shall be free to accept such employment upon 72 hours writtennotice to the Producer and Equity. If said 4-A’s employment should extend beyond 15 days,the Producer may terminate the Actor’s contract of employment, upon written notice to theActor and Equity, with no further financial obligation by the Producer to the Actor.(D) Prohibition Notice. No Actor shall be able to exercise the provisions of MOREREMUNERATIVE EMPLOYMENT during the seven consecutive working day period prior toand including the first public performance; the seventh day being the day of the first publicperformance.(E) Violation. An Actor may not miss rehearsals and/or performances for moreremunerative employment except as provided herein. Any violation of this Rule by an Actorwill be grounds for immediate dismissal by the Producer without further financial obligationto the Actor and/or the Actor may also be subject to disciplinary proceedings in accordancewith the Constitution and By-Laws of <strong>Actors</strong>’ Equity Association. All such dismissals shallbe subject to grievance procedures.(F) Buy-Out Option. The Actor may agree in the form of a written rider to the Actor’scontract not to apply the provisions of the More Remunerative Employment Rule during theterm of the contract provided that the Producer pays the Actor no less than ProductionContract minimum plus any other required compensation such as, but not limited to,additional duties payments, clothing rental, Understudy payments, etc.(G) Replacement by Non-professional Understudy. If a non-professional understudyreplaces an Actor as a result of notice given under this Rule, said understudy may performin the role for the length of the more remunerative employment but, in no event, for morethan a maximum of two weeks, at which time the role must be played by an Actor undercontract.38. MOTION PICTURE RIGHTS(A) If the Producer owns or participates in the Motion Picture Rights of a Play or Production,the Producer agrees to sign the Equity Motion Picture Rights Agreement prior to the signingof any individual employment contracts. The Producer further agrees that this MotionPicture Rights Agreement is and is offered as a material inducement to the Actor, and is ofthe essence of the Actor’s employment contract.(B) In the event the motion picture rights are subsequently sold, the Producer or othersignatory to the Motion Picture Rights Agreement agrees that up to a maximum of 50% ofthe moneys received from said sale shall be used exclusively to reimburse all <strong>Actors</strong>engaged on the <strong>Hollywood</strong> <strong>Area</strong> <strong>Theatre</strong> Contract who originally appeared, stage managed,or understudied at the official opening performance or, if there was no official opening, theactors who appeared, stage managed, or understudied at the first paid public performance,in an amount equal to the difference in their salary on the <strong>Hollywood</strong> <strong>Area</strong> <strong>Theatre</strong> Contractand the minimum under the Standard Production Contract which prevailed at the time of the<strong>Hollywood</strong> <strong>Area</strong> production for the full rehearsal period and up to seven weeks ofperformance or an amount equal to two weeks’ salary at the Standard Production minimumsalary then in effect, whichever is greater. Said 50% shall include all pension moneys dueon the reimbursements paid to the <strong>Actors</strong>.29


39. NO LOCKOUTS OR STRIKES(A) The Producer shall not lock out any of the <strong>Actors</strong>, and neither the <strong>Actors</strong> nor Equity willcall, sanction, or participate in any strike against the Producer during the period of theAgreement between Equity and the Producer. No Actor shall, however, be required toperform, or to enter the theatre for such purpose, if such performance or entrance wouldendanger the Actor’s safety.(B) Should a strike by the <strong>Actors</strong> occur during the period of the Agreement, Equity will bedeemed not to have violated the terms of this Rule if Equity refrains from assisting,encouraging or condoning and in good faith takes every reasonable means to terminate thestrike at once, and in addition thereto promptly declares publicly that the strike isunauthorized and directs the <strong>Actors</strong> to cease such conduct.(C) The provisions of this Rule shall not be deemed to affect the express rights of Equity orthe Actor under Rules <strong>10</strong>, 18, or 47.40. NUDITY(A) Nudity shall not be permitted at an Equity interview.(B) The Actor may not disrobe in whole or in part until after the Actor has been auditionedas an Actor and/or singer and/or dancer.(C) Nudity at auditions may be permitted only under the following guidelines:(1) When a Stage Manager or an official Equity representative is present.(2) The direct professional and artistic supervisory capacity of all persons present,i.e., Producer, director, choreographer, must be attested to.(3) Sex acts shall not be permitted at any audition.(D) Actor may not appear nude or perform acts of a sexual nature in the course of a stagepresentation unless the Actor has been advised and gives written consent by the time of theActor’s signing the contract. The script shall be submitted to the Actor for prior review if sorequested.(E) Actual sex acts during rehearsals or performances shall not be permitted.(F) Actor may not pose for nude photographs or appear nude for any motion picture filming,videotaping or other forms of visual recording without the Actor’s prior written consent.(G) Photograph(s) in which any Actor appears nude or performs an act of a sexual naturemay not be used in any way without the prior written consent of each Actor appearing in thephotograph on a copy of the photograph on a fully executed Equity Nude Photograph/VideoRelease form. The Actor’s written consent must also appear on a copy of the photographreleased. Such request to utilize the photograph must specify the specific use for thephotograph. The signed, released photograph and release form shall be filed with Equity.The Producer and the Actor shall keep duplicate copies.(H) Prior to release or use of any film, videotape, video cassette, or any electronic ormechanical reproduction in which any Actor appears nude, each Actor appearing in thescene shall be given an opportunity to view the film or tape. Use or release shall not bepermitted without the prior written consent of each Actor participating in a scene where anyActor appears nude or performs acts of a sexual nature on a fully executed Equity “NudePhotograph/Video Release” form. A copy of the fully executed release form for each <strong>Actors</strong>hall be filed with Equity.30


(I) A deputy or other authorized Equity representative must be present at all suchphotographing, filming or videotaping and shall be given an opportunity to view thephotographs etc. prior to use or release.(J) Actor shall not, while nude, mix with the audience or leave the stage or performing area.No member of the audience will be permitted to enter the stage, performance area orbackstage while any Actor is nude.(K) The Producer shall be assessed damages of up to one week’s contractual salary foreach violation of any of the provisions set forth above in paragraphs Rule 40(A) through (J).(L) The above shall not preclude the Actor or Equity from instituting any civil or criminalaction in addition to the damages set out in this Rule.41. NUMBER IN CAST(A) The number of Chorus <strong>Actors</strong> employed on the day before the official opening or after16 previews, whichever comes earlier, must be retained for the entire run of the production.(B) The number of Principals employed on the day before the official opening or after eightweeks from the first day of rehearsal, whichever comes earlier, may not be reduced for anyreason.42. PARKINGThe Producer will provide the Actor with free secure parking, near the rehearsal hall ortheatre, when the Actor is required to report to the theatre or rehearsal hall.43. PENSION FUND(A) The Producer agrees to make contributions to the Equity League Pension Trust Fund inan amount equal to 8% of all payments received by the Actor from the first day ofemployment except for any required expense reimbursement (e.g. Clothing Rental,mileage, minimum out-of-town per diem, etc.).(B) The Producer hereby agrees to be bound by the Agreement and Declaration of Trustestablishing the aforesaid Equity League Pension Trust Fund, including all its rules andregulations and any and all amendments and modifications thereto which may be adoptedby it Trustees during the term of this Agreement.44. PERFORMANCES(A) Number.(1) A week’s work shall consist of no more than eight performances on sixconsecutive days. There shall be no more than two performances in any one-dayand no more than five performances in any three consecutive days.(2) Performances shall not begin prior to 2:00 PM nor conclude later than 11:30 PM,except when a twi-night performance is given. The second of such twi-nightperformances may not start later than 11:00 PM. However, provided seven days’notice is given to the cast, student matinee performances may be held prior to 2:00PM if 12 hours have elapsed since the conclusion of the previous night’sperformance. In the event of a twi-night performance, if the time between curtaindown of the first show and the half hour call of the second show is less than oneand one half hours, Producer shall be responsible for providing a choice of hot or31


cold meal (including a vegetarian meal, if requested) at the Producer’s expense.The meal period shall commence from the time the meal is served. (See 54(B)REST PERIODS)(3) Upon two weeks’ written notice to the cast and to Equity, the Producer may alterthe Actor’s day off to accommodate a revised performance schedule. This Ruleshall not apply to the rescheduling of the official opening night.(4) A week’s compensation shall be paid, even if less than eight performances aregiven in any week.(B) Extra Performances. Extra performances in excess of eight per week are permittedprovided that all other requirements of Rule 44(A) are fulfilled. Such extra performances arepaid for at the rate of no less than two-eighths of the Actor’s weekly contractual salary, andthe cast is given at least one week’s notice of intention to give an extra performance. In noevent shall there be more than <strong>10</strong> performances per week without the express consent ofEquity. However, no scheduling of an extra performance shall be permitted on the Actor’sday off. The performance(s) not used in the calculation of the weekly gross shall be theperformance(s) not normally included in the regular performance schedule, but in no eventwill less than eight performances be used in calculating the weekly gross figure.(C) Holiday Performances. Performances given on Thanksgiving, Christmas Eve,Christmas Day, New Year’s Eve, and New Year’s Day shall be considered holidayperformances and Producer shall pay an additional 1/8 th contractual salary for anyperformance given on that day. [See Rule 56(E)] Producer is allowed to scheduleperformances on either Christmas Eve Day or Christmas Day, but not on both days.Producer is allowed to schedule performances on New Year’s Eve Day and New Year’sDay, but not on both days.(D) Lost Performances. In the event that a government (Federal, State or Municipal)proclamation is issued requesting or directing the closing of businesses for purposes of anational day of mourning and/or any reason, the Producer shall have the option to cancelthe performances or rehearsals for that day in compliance with such governmental directiveand the Actor shall not be entitled to any salary for such performances canceled.(E) Payments to Actor. All performances or rehearsals for which admission is charged areto be counted and considered as performances for which the Actor is to be paid.45. PHOTOGRAPHS AND PUBLICITY(A) Picture Call Limits. Company picture calls, except those during the authorized rehearsalhours or dress rehearsals for replacement, shall be limited to:(1) A maximum of two during the rehearsal period;(2) A maximum of three in the first three months from the first paid publicperformance.(3) A maximum of three between the fourth and twelfth month of the run of theproduction, and three additional calls per year.(B) Scheduling. Subject to the limitations of Rule 45(A) above, the Producer may requirethe Actor to pose not only for customary and usual photographs, but also for photographs toappear in magazines or newspapers for the sole purpose of publicizing and advertising theplay, provided said photographing takes place immediately following the matinee or evening32


performance or during the authorized rehearsal hours or dress rehearsals required forreplacements.(1) Picture calls may be scheduled between performances when two performancesare given in one day only with the consent of the majority of the <strong>Actors</strong> involvedtaken by secret ballot. Notice of a picture call must be at least a 24-hour notice andmust be posted before the final half-hour of a performance. If the Producer desiresto take pictures at the time auditions are held, such pictures may be taken prior orsubsequent to the auditions with the written consent of the Actor, prior orsubsequent to the auditions, but in no event during auditions.(2) The time during which said photographs may be taken shall not exceed threehours in the case of a dramatic play or four hours in the case of a musical comedyor revue. When the photo call follows a performance, the time of the call shallcommence at the conclusion of the performance.(3) When photograph calls are allowed between performances the Actor shall havenot less than one hour rest period after matinee and the Producer shall, at theProducer’s own expense, provide the Actor(s) with a hot meal. If the calls take placeafter the evening performance, a meal shall be made available to the Actor at theProducer’s expense.(4) In the event the Producer requests a picture call for the purpose of replacing aphotograph required to be removed under the provisions of Rule 7(B) or for otherreasons resulting from the replacement of an Actor, and such picture call involvesthree or fewer performers, the time and place of such picture call shall be mutuallyarranged between the Producer and the <strong>Actors</strong> and such a call shall not beconsidered a company picture call under the above Rule.(5) If the photographs are taken at a time other than herein specified, or if the limit ofhours herein specified is exceeded, or if the limitation of Rule 45(A) above isexceeded, the Actor(s) shall be paid not less than one-eighth of contractual salaryextra for each day or part thereof employed on such photographing.(6) In all cases under the control of the Producer, the Actor’s name shall be properlycredited in the publicity whenever and wherever the photographs are used.(7) If the Actor does not receive proper credit in photographs or publicity under thecontrol of the Producer, Equity or the Actor shall notify the Producer by certifiedletter return receipt requested of the improper credit. If such error is not corrected byat least one week after receipt of said notice to the Producer, the Producer must paythe Actor one-eighth of Actor’s contractual salary for each day the error is notcorrected.(C) Nude Photography. Actor may not pose for nude photographs without the Actor’s priorwritten consent. Nude photographs of an Actor may not be used in any way without theprior written consent of the Actor on a copy of the photographs to be released and on a fullyexecuted Equity Nude Photograph/Video Release form. A copy of the signed releasedphotograph and the fully executed Release form shall be filed with Equity and the Producerand the Actor shall keep a duplicate copy of each photograph and Release form. (See alsoRule 40, NUDITY).(D) Personal Expense for Publicity. The Producer shall reimburse the Actor for allreasonable personal expenses incurred in connection with personal and publicityappearances initiated or required by the Producer. All interviews and personal appearances33


shall be at the Actor’s convenience and with the Actor’s agreement, and the Actor shall bepaid transportation to and from any interview or personal appearance. The Producer shallhave the right to designate the form of transportation.(E) Written Authorization. The Producer must obtain the Actor’s prior written authorizationbefore the Actor’s picture may be used in conjunction with a commercial product. A Riderstipulating the specific commercial product, the photograph(s) to be utilized, the agreedupon compensation and the duration of the permission shall be executed between theProducer and the Actor and filed with Equity.(1) If the Actor consents to the use of the Actor’s picture, as aforesaid, the <strong>Actors</strong>hall be paid not less than $500 for said use.(2) <strong>Actors</strong> called to a picture call for the purposes described above, whether saidcall is at the theatre or elsewhere, shall be paid $250 per hour for photo call. Inaddition to the hourly fee for a picture call, the Actor shall receive the minimum of$500, as stated in 45(E)(1) above.46. PRESS RELEASESThe Producer shall use reasonable care that the Producer’s press department shall deletethe name of the Actor from advertising and publicity as soon as possible after the Actorleaves the company. The Actor is at liberty to announce any future engagement, which theActor has entered into. (See Rule 7, BILLING AND PROGRAMS and Rule 45(B)(7),PHOTOGRAPHS AND PUBLICITY).47. PRODUCTION PROSECUTED(A) Should the production in which the Actor is engaged be complained of as being inviolation of any statute, ordinance, or law of the United States, or any State or anymunicipality in any State, and should a claim or charge be made against the Actor onaccount of being engaged in such production, either civil or criminal, the Producer shalldefend the Actor at the Producer’s own expense, or shall pay any and all reasonablecharges laid out or incurred by the Actor in the Producer’s defense, and indemnify the Actoragainst any loss or damage which the Actor may suffer on account of being engaged in anysuch production.(B) It is specifically agreed and understood between the Actor and the Producer that thelanguage, business and costuming of the play are under the control and direction of theProducer and author, who according to custom, can at any time erase or amend the scenesand lines, and that consequently the Actor has no certain method of knowing duringrehearsals, whether in its final presentation the play is susceptible of being consideredimmoral or indecent. Therefore the Producer represents to the Actor that the play asproduced shall not violate any law or give offense which is punishable by any law, andexpressly agrees that should the Producer or the author be arrested or summoned on suchcharges, that (Equity consenting), the Actor may end and terminate the engagementforthwith. Upon such termination the Producer shall pay to the Actor forthwith all sums dueunder this Agreement plus one week’s salary, as compensation for the termination of theengagement without notice, but in no event shall the Actor receive less than a total of twoweeks’ salary.(C) This Rule shall not apply to any case or any set of conditions where its enforcementwould be illegal or against public policy. In the case of an arrest on account of the nature ofthe play or its production, the Producer shall forthwith furnish bail for the Actor; and, in the34


event of the Producer’s failure to do so, or for any breach of this Rule, the Producer shallpay to the Actor (Equity consenting) the sum of $2,500. After an arrest, the Actor maydemand a suspension of performance pending a determination, and such suspension shallnot terminate or otherwise affect the terms of the agreement unless Equity shall otherwiseorder.48. PROPERTY: REIMBURSEMENT TO ACTOR FOR LOSS OR DAMAGE(A) The Producer shall reimburse the Actor for all loss and/or damage to the Actor’sproperty used and/or to be used in connection with the play or plays covered by thisAgreement; the personal clothing worn by the Actor to the theatre, and the personalclothing or personal effects or property worn or carried by the Actor to auditions; and thepersonal effects of the Actor, including the Actor’s baggage, while such property is wholly orpartly in the possession or control or under the supervision of the Producer, or under that ofany of the Producer’s representatives, or while said property is in any theatre, building orother place in which the play or plays covered by this Agreement has been or is being givenor is to be given; or when said property or personal effects has been in any way shipped,forwarded or stored by the Producer or any of the Producer’s representatives, agents, oremployees, up to a limit of $5,000 for the Actor’s personal effects and/or clothing; up to alimit of $1,500 on the Actor’s furs; up to a limit of $1,000 for the Actor’s jewelry. Actor shallgive Producer notice of any claim filed under this Rule within 21 days of the loss and/ordamage to the Actor’s property.(B) Except that, if the Producer provides facilities for safekeeping the Actor’s personalvaluables, jewelry and/or cash not used in the production, while said articles are in anytheatre, the Producer shall be liable for loss and/or damage only if said personal valuables,jewelry and/or cash are given to the Producer or the Producer’s agent for safekeeping. Inthis regard, the Producer agrees to provide facilities for safekeeping of said articles, and toinform all <strong>Actors</strong> of same and of the necessity for using such facilities (under the provisionsof this Rule) by a written notice posted on the callboard. The Actor’s signature on this noticeshall be deemed proper notice to the Actor of the existence of these facilities.(C) The Producer shall be liable as herein provided whether or not the act, fault ornegligence of the Producer, the Producer’s agents, or representatives, caused orcontributed to such loss or damage. The Producer, however, shall not be liable for any lossor damage to the property of the Actor while said property is under the sole and exclusivecontrol and supervision of the Actor.(D) Except as above provided, the Producer shall not be responsible for any loss and/ordamage to the personal property of the Actor over and above the limitations herein setforth, and where as to such property it is the duty of the Actor, if the Actor desires to beprotected against loss, to insure the same. The Producer may meet the foregoing obligationby maintaining adequate and sufficient insurance coverage that shall provide the sameprotection as the Producer hereby assumes. Upon the direct payment of any loss ordamage to the Actor by the Producer, the Producer or the Insurer shall be subrogated to allrights of the Actor to the extent of such payment.49. RECORDINGS USED IN PRODUCTION(A) The Actor shall not be required to work in any company where recordings or mechanicalor electronic reproductions of voice are used to supply dialogue, singing and chanting, orbusiness where living <strong>Actors</strong> might be employed, unless the Producer shall have first35


obtained the written consent and permission of Equity, and shall comply with all such termsand conditions as Equity may prescribe.(B) However, the consent of Equity shall not be required for a Principal Actor to record aportion of the role which the Actor performs live on stage for use in the Production, providedthe recording is used only during the period in which the Actor is employed and with theActor’s consent; and further provided that the recording is made during the regularrehearsal hours.50. REHEARSALS(A) Beginning Of.(1) Rehearsal salary shall begin with the date specified on the Actor’s individualcontract. Subsequent to the signing of a <strong>Hollywood</strong> <strong>Area</strong> contract, the Actor mayagree to attend a first play reading on the first day of rehearsal. If the Actor doesattend, the Actor’s Pension and Health coverage shall begin on such date, andpayments therefor shall be made, and the Actor shall receive one-sixth rehearsalsalary; provided that the period between such reading and the Actor’s first rehearsalshall not exceed two weeks. (For requirement of Stage Managers prior to and atrehearsals, see Rule 62, STAGE MANAGERS AND ASSISTANT STAGEMANAGERS).(2) The Producer and/or Stage Manager must notify Equity of the time and place ofthe first day of rehearsal at least two days prior to the first rehearsal.(B) Continuous.(1) It is agreed that except as stated in Rule 50(A) above, rehearsals shall becontinuous from the date of the first rehearsal to the date of the first publicperformance of the play as stated on the face of the contract of employment.(2) Computation of rehearsal hours shall be consecutive from first call to each Actoron each day.(C) Rehearsal Salary.(1) Rehearsal salary shall be the minimum salary as indicated in Level 1 for eachtheatre category.(2) Rehearsal salary for replacements or understudies hired after the show’s firstpaid public performance shall be as above until the Understudy is ready to performbut in no case longer than two weeks after which they are to receive contractualsalary and any increments required by the box office receipts. [See Rule 56,SALARIES].(3) In the event a replacement or understudy performs the role or a portion thereofprior to the conclusion of the contracted rehearsal period, said replacement orUnderstudy shall be paid contractual salary pursuant to Rule 56(D), Weekly Gross.(4) Where pro-rata rehearsal is permitted, payment shall be at the rate of one-sixthof rehearsal pay for each day or part thereof. For the seven days prior to the firstpaid public performance, salary shall be prorated at one-seventh of rehearsal payfor each rehearsal day or part thereof in the week where no day off is provided. [SeeRule 56, SALARIES].36


(5) During the first five weeks of the production’s initial rehearsal period, rehearsalsalary shall be paid. Thereafter, full contractual salary shall be paid.(D) Rehearsal Period.(1) The rehearsal period for each production shall be a minimum of two weeks inlength.(2) If after eight weeks the production has not opened officially, rehearsal and actualperformance time including half-hour shall not exceed 32 hours per week.(3) Rehearsals will not be permitted on Thanksgiving, Christmas, and New Year’sDay.(E) Days Off. There shall be one day off after no more than six days of employment in eachweek of employment, except for the final seven days of rehearsal preceding the first paidpublic performance, said day off to be completely free of any rehearsal and/or performance.During the workweek of the first paid public performance there must be a daylight day ofrest. A daylight day of rest means from the end of work on one day until 7:00 PM of thefollowing day.(F) Rehearsals Before First Paid Public Performance.PERIODS).(1) Rehearsal Hours Work Rules(See also Rule 54, REST(a) Rehearsal workweeks prior to the week before the first paid public shallnot exceed 42 hours (40 hours in Tier A) without additional compensation.(b) The Actor shall not rehearse more than eight and one-half consecutivehours a day, which shall include the one and one-half hour meal break, saideight and one-half hours to be computed from the time of rehearsal call foreach Actor. The company, by 2/3rds majority secret ballot vote, may elect torehearse seven out of eight hours.(c) A six-hour rehearsal block may be utilized provided the following fourconditions are met:(i) The six-hour rehearsal block shall constitute the entire rehearsalschedule for the day.(ii) Each cast must vote unanimously, by secret ballot, at the firstrehearsal, to allow the use of a six-hour rehearsal block. Thereafter,if the option is to be used, the <strong>Theatre</strong> shall give the cast twenty-fourhours’ notice that the option is going to be used.(iii) Each six-hour rehearsal block shall replace a typical seven out ofeight and one half-hour rehearsal block.(iv) A rider shall be attached to the Actor’s contract informing him thatsuch an option shall be available during the rehearsal period.(d) There will be at least a 12-hour rest between the end of work on one dayand the beginning of work on the following day. Any violation of the restbreak will be compensated at 1 ½ times the Actor’s overtime rate.(e) During the rehearsal period there shall be a meal break of one and onehalf-hour after a period of not more than five consecutive hours of rehearsal.37


(2) Breaks.(f) On-Stage Technical Rehearsal. There must be at least one completetechnical rehearsal on-stage (without an audience) prior to the first paidpublic performance.(g) Absent special circumstances, changes in the rehearsal call may bemade only upon 24-hours written notice.(a) There shall be a break of five minutes after each 55 minutes of rehearsalfor both musical and dramatic productions. If a five-minute break is notgiven by the end of the hour, a <strong>10</strong>-minute break must be provided at the endof 80 minutes.(b) If the Producer has no objection, the Deputy(ies) may reduce the oneand one half hour meal break to one hour. This Deputy prerogative shall beexercised solely for the convenience and at the request of the company by a2/3rds majority secret ballot vote of the Equity members of the company.(3) Rehearsals One Week Prior to First Public Performance.(a) The rehearsal week prior to first paid public may include no more thanthree rehearsal days using <strong>10</strong> hours of rehearsal out of a 12 hour day.(b) The rehearsal week prior to the first paid public performance is limited to42 hours (40 hours in Tier A) after which overtime must be paid. The allotted42 hours (40 hours in Tier A) of rehearsal is not inclusive of anyperformances within the workweek ending with the first paid publicperformance.(c) For the workweek that is inclusive of the first paid public performance theActor shall be paid as follows:(i) If Actor’s contractual salary is greater than the stated minimum,payment to the Actor shall be pro-rated as follows: 1/8 th of thecontractual salary for each performance given and 1/6 th of theminimum salary for each day of rehearsal or part thereof.(ii) If stated Actor’s salary is minimum, then the Actor’s salary shall bedetermined by the weekly box office gross for that workweek. In noevent shall the Actor’s salary be less than the weekly minimum asreflected by the weekly box office receipts. (See Salary Chart on p.45-47.)(G) Rehearsals After First Paid Public Performance. (See also Rule 50(D) above.)(1) Hours.(a) Should the Actor rehearse more than four hours on a preview day, theActor shall be paid at the overtime rate for each hour or part thereof over thefour hours allowed in addition to the salary paid for the Preview, but in noevent shall the overtime rehearsal exceed two hours.(b) Rehearsals on two-performance days prior to the official opening shall belimited to two one-hour calls in one week or one two-hour call in one week.(c) However, after the official opening or nine weeks after thecommencement of rehearsals, whichever is sooner, there may be norehearsals on two-performance days except in an emergency.38


(2) Breaks. After the first Paid Public Performance there shall be a meal break ofone and one-half hours after a period of not more than five consecutive hours ofrehearsals.(3) Rehearsal Hours After Official Opening. Rehearsals after the official openingshall be limited to eight hours each week, for brush-up or replacements, 12 hoursweekly for Understudies and shall take place on no more than three days. However,no rehearsals after the official opening may be held on two performance daysexcept in an emergency.(a) Up to four hours of the eight allotted above may be used for rehearsingnew material during the two weeks after opening only.(b) There will be no rehearsal on the day following the day off except for thefirst public performance, the official opening, previews, opening night in anew theatre when a production has changed theatres, emergency and/orcast replacements if the replacement is going into the performance thatevening. Rehearsals called for the purpose of replacing musicians shall bepaid for at the overtime rate.(H) Rehearsal Pianist. The Producer shall provide, at the Producer’s own expense, arehearsal pianist for all musical rehearsals.(I) Overtime. [See Rule 56(N)](J) Attendance at Rehearsal after Opening. After the official opening, a Principal, Chorusor Understudy Actor, if the Actor has other employment or an audition in the entertainmentindustry on a particular day and notifies the Producer (not less than two hours prior to theActor’s call ) for that purpose, said Actor shall not be required to attend a rehearsal calledon said day.(K) Costume Measuring. [See Rule 16(L), CLOTHES AND MAKE-UP](L) Rehearsals Lost. In the event that a governmental (Federal, State or Municipal)proclamation is issued requesting or directing the closing of businesses for purposes of anational day of mourning and/or any reason, the Producer shall have the option to cancelthe rehearsal in compliance with such governmental directive and the Actor shall not beentitled to any salary for such rehearsals that are lost.(M) Rehearsals Discontinued or Play Abandoned. If a production is abandoned before orduring rehearsals, the Producer shall pay the Actor a sum equal to two weeks’ contractualsalary plus all rehearsal salary due to date.(N) Picture Calls. [See Rule 45(A), PHOTOGRAPHS AND PUBLICITY](O) Notes(1) Note sessions may be held after no more than four preview performances.(2) Note sessions shall be limited to one hour from curtain down and that hour shallbe deducted from the next rehearsal day.(3) Note sessions may be held only on a one-performance day.(4) Absent special circumstances, note sessions may be called only upon 24 hourswritten notice and may not be given after the ½ hour call unless they are written.(5) Individual Actor notes may not be posted on the call-board, except in a sealedenvelope.39


51. REOPENING OF A PLAYA play once closed shall not be reopened for rehearsals or performances within eightweeks of the date of its closing, or reopen under any Equity contract, [see Rule 19(A)]without the written consent of Equity.52. REPLACEMENT OF ACTOR(See Also Rule <strong>13</strong>, CHANGES IN CAST: DUTY TO ANNOUNCE).(A) Understudy Alternate. Unless Equity shall otherwise order, the Actor may not berequired to alternate with an Understudy or successor and if replaced by either, the Actormay not thereafter be required (unless Equity otherwise orders) to act again in the part or toreport at the theatre for that purpose. Payments, however, shall continue to be made to theActor according to the terms of the Actor’s agreement.(B) Inability to Perform.(1) If the Actor is temporarily replaced for a single performance because said Actoris late for half hour or appears at the theatre unable to perform due to intoxication orsimilar cause, the Producer, subject to the provisions of Rule 5, may determine thatthe Actor shall not perform. In this instance Rule 52(A) shall not apply and the <strong>Actors</strong>hall be required to perform thereafter, provided the Producer notifies Equity inwriting of such action, and the reasons therefore within 24 hours. Should suchtemporary replacement be determined to be without just cause by an arbitrator or byother mutually agreeable means, the Actor shall be paid full salary for anyperformance not played as a result of the Producer’s action, and shall continue toperform under the Actor’s contract.(2) Should the Producer dismiss an Actor for inability to perform due to intoxicationor similar cause and so notify the Actor in writing, and also notify Equity of suchaction and the reasons therefor within 24 hours, the above provisions shall notapply. If it should be determined by an arbitrator or by other mutually agreeablemeans that the dismissal was without just cause (see Rule 65(E)), the Actor shall bepaid full salary for any performances not played as a result of the Producer’s actionand shall be required to immediately resume the Actor’s performances when notifiedto do so by the Producer. Payment for the missed performances must be paid priorto the Actor resuming performances under the Actor’s contract. Pending thedetermination the Actor need not report to the theatre.(C) Actor Replacement Salary. Should a Producer dismiss or give an Actor notice wherebythe Producer terminates the Actor’s employment (except where employment is terminatedduring rehearsals or under the provisions of Rule 33), the Producer may not re-engage theActor for the same part or role, or replace the Actor by another Actor at a lesser salary thanthe highest salary in the original contract.(D) Role Cut. If an Actor’s role is cut (resulting in the termination of the Actor) before thefirst public performance, the Producer shall pay to the Actor a sum equal to two weeks’contractual salary plus any rehearsal salary due.53. REPORTS(A) The Producer must furnish Equity, on a form supplied by Equity for that purpose, with aweekly “Pension and Health” report listing all <strong>Actors</strong> employed by the Friday following thelast performance of the week. The Producer must also submit to Equity a weekly Box Office40


Statement (see Rule 56(I), Box Office Statements). Failure to file such reports and orstatements shall constitute a breach of Equity Rules, entitling Equity, among other thingsand without any limitation, to refuse to release the balance of the security deposited withEquity until the above requirements are met. (See also Rule 62(C), STAGE MANAGERSAND ASSISTANT STAGE MANAGERS).(B) The Producer, provided the Producer does not file pension and health reports and/orbox office statements for four weeks, shall pay to the <strong>Actors</strong>’ Equity Foundation the sum of$25 for each subsequent week of failure to file.54. REST PERIODS(A) Between Days of Employment. There shall be a 12-hour rest period between the end ofemployment on one day and the beginning of employment on the next day, except on thefinal day before the first paid public performance when the rest period may be reduced to<strong>10</strong> hours for all <strong>Actors</strong>, including Stage Managers.(B) Between Performances.(1) Should there be less than two hours between performances including half hour,the Producer shall pay the <strong>Actors</strong> overtime at the rate of one and one-half timesnormal overtime for two hours.(2) In the event of a twi-night performance schedule, there may be a reduction toone hour between twi-night performances (from the close of the first performance tothe start of the second performance) provided that the Producer shall provide achoice of hot or cold meal (including a vegetarian meal, if requested). The cost ofsuch a meal shall be no less than $12. Actor shall have a choice of receiving themeal or $12. This option is to be exercised no later than the performance on the daypreceding the day of the twi-night performance. The penalty for an infringement ofthis one-hour rest period will be one-eighth of contractual salary. The meal periodshall commence from the time said meal is served.55. SAFE AND SANITARY CONDITIONS OF EMPLOYMENTThe Producer agrees to provide the Actor with safe and sanitary conditions of employment.No Actor shall be employed in any theatre that fails to maintain proper sanitary facilities asherein set forth.(A) Minimum Sanitary Facilities.(1) One Dressing Room for women.(2) One Dressing Room for men.(3) Separate toilets for men and women.(4) Separate wash basins with hot and cold running water for men and women.(5) 30 inches of dressing table space for each Actor.(6) The facilities listed above in (1) through (5) must be separate from audiencefacilities and easily accessible to the cast at all times.(B) Dressing Rooms.(1) All dressing rooms must be properly heated in cold weather and shall beproperly ventilated in warm weather. Each dressing room must be equipped with at41


least one fan or with an air-conditioning system, air-cooling system, or some similartype of mechanical device maintained in good working condition, to insure properventilation and the circulation of air.(2) Should the Producer fail to take steps to provide adequate mechanical deviceswithin 48 hours of notification from Equity, the Actor, Equity consenting, shall not berequired to remain at the theatre. Producer shall use best efforts to supply thesedevices immediately upon notification from Equity.(3) Ventilation of dressing rooms shall meet the standards set by the municipalhealth codes.(4) All dressing rooms shall have adequate lights, mirrors at least one foot by twofeet in dimension, shelves and wardrobe hooks for <strong>Actors</strong>’ make-up and dressingequipment, and clothing racks or their equivalent with hangers for the <strong>Actors</strong>’personal clothes. Floors shall be washed or vacuumed at least once each week,and dressing rooms and wash rooms cleaned at least once each working day.(5) All dressing rooms shall be maintained in a clean and sanitary condition andpainted and maintained as necessary. Peeling paint and loose plaster shall berepaired upon written notification by Equity at the Producer’s earliest opportunity.(6) The Producer shall provide a cot backstage for any performer who may becomeill during a rehearsal or performance.(7) First Aid kits, stocked with adequate supplies, shall be available and easilyaccessible at all times to dressing rooms and rehearsal areas.(8) Free bottled water or a water cooler with a purifier shall be required backstageand in the rehearsal area. Producer agrees to provide free cool drinking water andclean cups backstage.(9) Each Actor shall use best efforts to keep Actor’s own dressing room clean.(<strong>10</strong>) In any production that has dancers, or uses body make-up or requires nudity,showers, separate from other sanitary facilities must be provided. All newly builttheatre must have showers, and all showers must have hot and cold running water.(11) Use of fluorescent lighting for make-up purposes is prohibited unless thefluorescent lighting is specifically warranted by the manufacturer to be for theatricalmake-up purposes.(12) A pay telephone shall be provided backstage for <strong>Actors</strong>’ usage.(<strong>13</strong>) Producer shall provide a safe lock-up space for company member valuables.(C) Floors, Condition of.(1) <strong>Actors</strong> shall not be required to rehearse, audition or perform dances on concreteor marble floors or any other surfaces which Equity shall reasonably deem to beinjurious or unsafe, or on wood or any other substance laid directly over such similarsurfaces which does not provide air space of at least one and five-eighths inchesbetween the concrete, or marble, or similar supporting surface and the dancingsurface.(2) Where a portable stage is used, platforms must be securely fastened and thestage completely covered by a single deck of such material as wood or masonite.The edges of all decks must be clearly visible or, if not, guard rails fastened in order42


to preclude the possibility of injury. Pits not in use shall be completely covered by anon-flexible material adequately supported to prevent accident or injury.(D) Smoke and Haze Effects.(1) Permitted Substances. The Producers agrees to use only dry ice, liquidnitrogen, or substances listed in, and in accordance with the specified limits set forthin the HEALTH EFFECTS EVALUATION OF THEATRICAL SMOKE, HAZE ANDPYROTECHNICS.(2) Notice Requirement. One week prior to the first day of tech, the Producer mustsend written notification to Equity which shall include the following:(a) The names of all machines, fluids and attachments (e.g. chiller, etc.).(b) Indicate whether each effect will be following the time and distancecalculations in the EQUIPMENT-BASED GUIDELINES FOR THE USE OFTHEATRICAL SMOKE AND HAZE or a portable air-sampling monitor asoutlined in the EVALUATION OF SHORT-TERM EXPOSURES TOTHEATRICAL SMOKE AND HAZE AIR SAMPLING PROTOCOL bothprepared by ENVIRON International Corporation dated May 14, 2001 and asmay be amended by Environ and Mount Sinai.(c) Prior to the first paid public performance, the Producer must send writtennotification including but not limited to the following:(i) The location and setting of each machine and fluid combination.(ii) A list of the cues, including the cue lengths and the distancebetween the effect’s release point and the nearest actor.(iii) All applicable calculations and/or air sampling data.(3) Thereafter, the Producer must notify Equity, in writing, of any changes and/oradditions to the original notification not later than 72 hours prior to the first use. TheProducer must post all written notifications to the <strong>Actors</strong>' callboard.(E) Determination of Safe and Sanitary Conditions. Notwithstanding any other provisions ofthese Rules or the individual contracts of employment, Equity in its sole discretion shalldetermine whether the aforementioned Safe and Sanitary Conditions are being properlymaintained.(F) Occupational Safety Notices. Producer shall post such notices as are required by theregulations of the Occupational Safety and Health Administration.(G) Inclined Playing Surfaces. Producer may not use an inclined playing surface (i.e. rakedstages, ramps, etc.) without the approval of Equity.(H) Smoking <strong>Area</strong>s. In theatres and rehearsal areas where smoking is permitted by law,non-common areas shall be designated by the <strong>Theatre</strong> for smoking.43


56. SALARIES(A) Minimum Weekly Salaries. Minimum weekly salaries shall be as listed on pages 45, 46and 47.(B) Large Cast Shows. Producers of large cast shows shall be entitled to the followingcredits:(1) If 12 or more <strong>Actors</strong> are under contract, then <strong>Actors</strong>’ minimums shall remain atlevel 1 (Box Office Weekly Gross of $25,000 or less) for four weeks following thefirst paid public performance. For the purposes of this rule only, the first week shallnot count towards this four-week period if four or fewer performances are given.(2) Thereafter, for a period of no more than 22 additional weeks the Producer shallreceive the following credits on determining the proper level on the sliding scale:12 to 18 <strong>Actors</strong> -- $5,000 credit;18 or more <strong>Actors</strong> -- $<strong>10</strong>,000 credit44


HOLLYWOOD AREA THEATRE MINIMUM WEEKLY SALARIESEffective December 27, 20<strong>10</strong> through December 25, 2011A B C DBox Office Up to - 199 Seats 200 - 299 Seats 300 - 399 Seats 400 - 499 SeatsLevel Weekly Gross Actor SM ASM Actor SM ASM Actor SM ASM Actor SM ASM1 $25000 or less $336 409 364 420 5<strong>13</strong> 442 498 608 522 576 704 6002 $25001 - 30000 336 409 364 420 5<strong>13</strong> 442 498 608 522 576 704 6003 $30001 - 35000 364 438 388 479 584 503 528 644 552 576 704 6004 $35001 - 40000 393 470 415 538 656 561 570 695 595 576 704 6005 $40001 - 50000 449 539 471 598 729 621 630 769 654 636 776 6606 $50001 - 60000 506 607 529 657 801 681 691 842 714 696 848 7197 $60001 - 70000 562 674 585 689 839 712 749 914 773 758 923 7808 $70001 + 652 782 674 749 914 773 763 930 780 780 951 805For the positions below add:Dance Captain (musical)Dance Captain (non-musical)Full Swing$65 $80 $90 $<strong>10</strong>0$33 $41 $49 $57$35 $35 $35 $35Overtime shall be paid per the following schedule:Category A Category B Category C Category D$8.00 per one-half hour $8.00 per one-half hour $<strong>10</strong>.00 per one-half hour $<strong>10</strong>.00 per one-half hour*In the second year (December 26, 2011 through December 30, 2012) and third year (December 31, 2012 throughDecember 29, 20<strong>13</strong>) of the Agreement minimum salaries shall increase by 2% or Cost of Living, whichever is higher,rounded to the next highest dollar as per the charts below. CURRENT MINIMUM SALARIES ARE ALSO AVAILABLE ATwww.actorsequity.org.45


HOLLYWOOD AREA THEATRE MINIMUM WEEKLY SALARIESEffective December 26, 2011 through December 30, 2012A B C DBox Office Up to - 199 Seats 200 - 299 Seats 300 - 399 Seats 400 - 499 SeatsLevel Weekly Gross Actor SM ASM Actor SM ASM Actor SM ASM Actor SM ASM1 $25000 or less $343 $418 $372 $429 $524 $451 $508 $621 $533 $588 $719 $6122 $25001 - 30000 $343 $418 $372 $429 $524 $451 $508 $621 $533 $588 $719 $6123 $30001 - 35000 $372 $447 $396 $489 $596 $514 $539 $657 $564 $588 $719 $6124 $35001 - 40000 $401 $480 $424 $549 $670 $573 $582 $709 $607 $588 $719 $6125 $40001 - 50000 $458 $550 $481 $6<strong>10</strong> $744 $634 $643 $785 $668 $649 $792 $6746 $50001 - 60000 $517 $620 $540 $671 $818 $695 $705 $859 $729 $7<strong>10</strong> $865 $7347 $60001 - 70000 $574 $688 $597 $703 $856 $727 $764 $933 $789 $774 $942 $7968 $70001 + $666 $798 $688 $764 $933 $789 $779 $949 $796 $796 $971 $822For the positions below add:Dance Captain (musical)$65 $80 $90 $<strong>10</strong>0Dance Captain (non-musical)$33 $41 $49 $57Full Swing$35 $35 $35 $35Overtime shall be paid per the following schedule:Category A Category B Category C Category D$8.00 per one-half hour $8.00 per one-half hour $<strong>10</strong>.00 per one-half hour $<strong>10</strong>.00 per one-half hour46


HOLLYWOOD AREA THEATRE MINIMUM WEEKLY SALARIESEffective December 31, 2012 through December 29, 20<strong>13</strong>A B C DBox Office Up to - 199 Seats 200 - 299 Seats 300 - 399 Seats 400 - 499 SeatsLevel Weekly Gross Actor SM ASM Actor SM ASM Actor SM ASM Actor SM ASM1 $25000 or less $350 $427 $380 $438 $535 $461 $519 $634 $544 $600 $734 $6252 $25001 - 30000 $350 $427 $380 $438 $535 $461 $519 $634 $544 $600 $734 $6253 $30001 - 35000 $380 $456 $404 $499 $608 $525 $550 $671 $576 $600 $734 $6254 $35001 - 40000 $4<strong>10</strong> $490 $433 $560 $684 $585 $594 $724 $620 $600 $734 $6255 $40001 - 50000 $468 $561 $491 $623 $759 $647 $656 $801 $682 $662 $808 $6886 $50001 - 60000 $528 $633 $551 $685 $835 $709 $720 $877 $744 $725 $883 $7497 $60001 - 70000 $586 $702 $609 $718 $874 $742 $780 $952 $805 $790 $961 $8128 $70001 + $680 $814 $702 $780 $952 $805 $795 $968 $812 $812 $991 $839For the positions below add:Dance Captain (musical)Dance Captain (non-musical)Full Swing$65 $80 $90 $<strong>10</strong>0$33 $41 $49 $57$35 $35 $35 $35Overtime shall be paid per the following schedule:Category A Category B Category C Category D$8.00 per one-half hour $8.00 per one-half hour $<strong>10</strong>.00 per one-half hour $<strong>10</strong>.00 per one-half hour47


(C) Rehearsal Salary.(1) Rehearsal salary shall be the effective minimum salary set forth in level 1 of Rule56(A) above.(2) Rehearsal salary for replacements and understudies hired after the production’sfirst paid public performance shall be adjusted weekly in accordance with theprevious week’s gross box office receipts, per the scale in Rule 56(A), for eachrehearsal week in excess of two.(3) In the event a replacement or Understudy performs the role or a portion thereofprior to the conclusion of the contracted rehearsal period, said replacement orUnderstudy shall be paid contractual salary pursuant to Rule 56(D), Weekly Gross.(4) Where pro-rata rehearsal is permitted, payment shall be at the rate of one-sixthof rehearsal pay for each day or part thereof. For the seven days prior to the firstpaid public performance, salary shall be pro-rated at one-seventh of rehearsal payfor each rehearsal day or part thereof in the week where no day off is provided.(D) Weekly Gross. Actor’s performance salary shall be adjusted weekly in accordance withthe previous week’s gross box office receipts, per the scale in Rule 56(A) above. Box OfficeGross shall be defined in accordance with the definition set forth in the approved ProductionContract, as amended. (See also Rule 44(B), Extra Performances).(E) Holiday Performance Pay. For any performances given on either Thanksgiving,Christmas Eve Day, Christmas Day, New Year’s Eve Day, or New Year’s Day, Actor shallreceive an additional 1/8 th contractual salary for each performance given. (See also Rule44(C)).(F) Housing and Per Diem.(1) Producer agrees to obtain and provide suitable housing at no cost to the Actoranytime the Actor is required to report to work and lives 60 miles (one way) awayfrom the Actor’s home as registered with Equity.(a) Suitable housing shall be defined as single occupancy room in a facilityreceiving at least a Two Diamond rating by the Automobile Club of America.(b) In the event the Actor chooses not to exercise housing option butchooses to drive, Actor shall receive mileage reimbursement in place ofhousing. Mileage will be paid at the prevailing Federal GovernmentReimbursement Rate per mile from the first mile driven.(c) When working the allowed “<strong>10</strong> out of 12” rehearsal hour days prior to thefirst paid public performance, any Stage Manager or Assistant StageManager living 40 miles (one way) or more from the theatre will be providedwith housing by the Producer at no cost to the Stage Manager or AssistantStage Manager.(d) The Producer shall provide private, individual local non-toll telephoneservice in the Actor’s housing at no cost to the Actor. Actor shall beresponsible for all long distance telephone calls.(2) Producer agrees to pay “out of town” <strong>Actors</strong> (i.e. those <strong>Actors</strong> whose primaryresidence as listed with Equity is 60 miles one way from either the <strong>Theatre</strong> orRehearsal Hall) a minimum per diem based on the following schedule:48


For <strong>Actors</strong> who are provided housing with a suitable kitchen: $25.00 per day.For <strong>Actors</strong> who are provided housing but with no kitchen: $45.00 per day.(a) A suitable kitchen shall be defined as having a microwave, full sizerefrigerator, sink and oven. Also dishes and utensils that can be used in themicrowave shall be provided.(b) All per diem payments must be stated in the Actor’s contract.(c) Minimum per diem payments must be paid weekly and are not subject toworking dues. Any per diem payment made above the minimum amountrequired is subject to the appropriate Working Dues payment.(G) Transportation and Baggage.(1) Responsibility for. The Producer, at the Producer’s own expense, shall transportthe Actor by a direct and expedient mode whenever the Actor is required to travel.Any Actor employed originally from a point outside of the area in which the theatre islocated shall be provided return transportation to the same place at the terminationof employment with the theatre whenever that occurs.(2) Manner and Route. The Actor shall travel by such routes as the Producer maydirect, except as otherwise agreed in writing between the Actor and the Producer.In no event shall any agreement provide for a payment to the Actor of a sum lessthan the cost of applicable public transportation from the place of residence to thetheatre and return.Should the Producer fail to specify the manner and route of transportation, the Actormay choose the mode of transportation and shall be reimbursed in an amount atleast equal to the fare of a direct and expedient mode of transportation, includingtransportation of the Actor to the theatre or lodgings in the community of thetheatre’s location.(3) Tickets or Cash Equivalent. The Producer shall furnish the Actor with thenecessary transportation tickets or their cash equivalent at least three days inadvance of departure and return.If, in any emergency, it should become impossible for the Producer to comply withthe above conditions, the Producer shall reimburse the Actor in an amount equal tothe actual sum spent by the Actor for transportation. In no instance may theProducer take advantage of reduced round-trip fares unless tickets or their cashequivalent are delivered to the Actor three days in advance of departure.(4) Rail Transportation. Day coach transportation is limited to <strong>10</strong> hours daily. If thetrain schedule requires transportation in excess of <strong>10</strong> hours or after <strong>10</strong>:00 p.m.,transportation shall include individual sleeping accommodations, which shall be noless than a roomette.(5) Air Travel. The Actor shall not be compelled to travel by air without the Actor’sconsent. Air travel must be on certified, scheduled, commercial airlines and, unlessthe only air service available does not permit, shall include no more than one stop.Unless the Actor requests otherwise, these flights shall take place between thehours of 8:00 a.m. and 8:00 p.m., and shall be less than six hours duration withmeals provided at the Producer’s expense. The Producer may require the Actor toboard a flight that is scheduled to depart between the hours of 8:01 p.m. and 7:59a.m. if the Actor is provided with a first-class seat. If the Actor consents to travel by49


air, the Producer agrees to reimburse the Actor for the premium cost of air travelinsurance up to the amount of $<strong>10</strong>0,000 purchased by the Actor. Air travel on nonscheduledor private airlines will not be permitted.The Producer may utilize special fares provided the above-listed conditions are metand the Actor is assigned a seat identical to seats provided to full-fare coachpassengers, receives the same meal service, and generally receives the samedegree of service provided to full-fare coach passengers.If a delay en route in air travel occurs, all expenses usually paid or furnished thetraveler under first-class air travel and not paid the Actor by the airlines shall bereimbursed to the Actor by the Producer.(6) Automobile Travel. In the event the Actor uses the Actor’s own car or rides withanother Actor in lieu of other transportation at the beginning and/or end of theActor’s engagement, the Actor shall receive in cash a sum equivalent to the cost ofa 14-day advance coach airline ticket or the current federal governmental autotravel reimbursement rate, whichever is less.(7) Bus Transportation. Bus travel shall be by public carrier duly licensed to carrypassengers by interstate or intrastate commission (regularly scheduled). Suchtravel shall be between the hours of 8:00 a.m. and 8:00 p.m. and shall not exceed<strong>10</strong> hours. Buses shall be air-conditioned and provide for the maximum comfort ofthe Actor. Bus must have lavatory facilities, as well.(8) Baggage. The method of shipment shall be determined by the Producer andspecified in the contract.(a) The Producer shall pay for the transportation of the Actor’s baggageand/or personal effects up to 400 pounds for each Actor.(b) At the start of an engagement where employment is anticipated for 26weeks or more, the baggage allowance shall be 500 pounds for each Actor.(c) At the end of the engagement, the Producer shall pay to ship not morethan an additional <strong>10</strong>0 pounds over the weight at the start of theengagement.(d) The Actor shall be responsible for transporting his personal handbaggage to and from the station or airport in the Actor’s city of residence.The Actor shall take the most reasonable and expeditious mode oftransportation and the Producer shall reimburse the Actor for the actual costeach way as set forth and itemized on a form which shall be provided byEquity for this purpose.(9) Local Transportation for Out-of-Town <strong>Actors</strong>. The Producer, at Producer’sexpense, shall furnish round-trip transportation to the Actor for all performancesand/or rehearsals.(H) Long Term Employment. After every 32 weeks that an Actor is engaged in aproduction, the Actor shall receive an automatic $<strong>10</strong> salary increase.(I) Box Office Statements. The Producer is required to submit a weekly Box OfficeStatement to Equity showing both daily and weekly receipts by Friday following the lastperformance of the week that the statement covers. The statement must reflect the numberof seats sold at each price. (See Rule 53, REPORTS, for late filing penalty).50


(J) Checks: When Check is Payment. The Actor’s acceptance of any payment or thecashing of any check shall not waive the Actor’s claim for the full amount of compensationthat the Actor or Equity may claim is due under the terms of this Agreement or the individualActor’s employment contract. The amount the Actor does receive, however, shall serve as acredit against the full amount of the claim.(K) Contingent Compensation. No employment contract shall be entered into by theProducer or Actor where compensation is contingent upon receipts without the writtenconsent of Equity, which consent will not be unreasonably withheld. In no case shallcompensation be contingent upon profits.(L) Actual Salary. The actual salary of the Actor agreed upon shall be stated in the contractand a lesser or fictitious salary shall not be stated in the contract. A new contract will beissued and signed whenever the Actor’s salary is increased.(M) Additional Duties. The Actor shall not be required to do any additional work withoutmutual agreement and an additional negotiated compensation therefore. Additional work isdefined as playing additional parts, doing additional Understudying or doing additional workas Assistant Stage Manager, not specified in the Actor’s contract at the time of its originalsigning. Minimum additional compensation shall be $15 per week.(N) Overtime. Should the Actor rehearse more than the hours stipulated in this Rule, theProducer shall pay overtime of $8.00 per one-half hour in Category A and B and $<strong>10</strong>.00 inCategory C and D for each instance of such overtime rehearsal.(O) Pay Day. All salaries shall be paid to the Actor on or before the Thursday of eachworkweek. When paid, the Actor must be issued a stub or other record of gross salary,increments and dates thereof, itemized deductions, and net salary.(P) Extraordinary Risk Payments. An Actor called upon to perform “extraordinary risk” shallreceive not less than $15 per week above contractual salary, such payments to begin at thetime of such assignment. [see also Rule 29(C) EXTRAORDINARY RISK]57. SECRET VOTE(A) There are to be no cast meetings held to vote on working conditions, concessions orwaivers without the consent of Equity except as provided in Rule 50(F)(2)(b).(B) At such meeting or meetings, neither the Producer nor the Producer’s representative(whether employed on an Equity contract or not) shall be present other than to explain theProducer’s position. Any proposed action by the cast shall not, however, be binding withoutthe written approval of Equity.(C) All meetings of the company called by the Deputy or Stage Manager shall include onlythe <strong>Actors</strong> and any vote taken shall be by secret ballot.(D) The determination of Equity as to any issue arising under the above provision shall befinal and binding upon the Producer and each Actor.58. SECURITY AND SECURITY AGREEMENTS(A) Provisions. The provisions of any and all agreements relating to security deposited oragreed to be deposited with Equity covering any employment under this agreement and anycontracts of employment are hereby adopted and made part of this Agreement and said51


contracts. This includes agreements on forms now called “Bond,” “Security Agreement,”and “Producer’s Statement.”(B) Posting of Security. It is of the essence of this Agreement and all contracts ofemployment and a condition precedent to the engagement of the Actor that the Producershall have filed and maintains with Equity a satisfactory security as required by Equity’sexisting Security Agreement and Rules.(C) Bond. The entire bond, including the potential bookkeeping charge, is returnable to theguarantor 30 days after the termination of the engagement and after all the Producer’sobligations have been met.59. SET AND PROP MOVES(A) Actor shall be permitted, without payment of additional compensation, to set props andsmall set pieces and to move furniture and set pieces specifically designed to be easilydeployed by such Actor, provided that such action coincides with the Actor’s entrance into(or exit from) a scene in which the Actor takes part as an integral and necessary participantin the stage plot. Such movement need not be attributed customarily to any characterduring the action depicted in the play. Resetting of props in a scene by <strong>Actors</strong> participatingin said scene, shall be permitted.(B) Actor shall be permitted, upon payment of additional compensation as set forth below,to make entrances and exits for the primary purpose of setting props and small set piecesand for moving furniture and set pieces specifically designed to be easily deployed by suchActor, provided that such assignments do not prevent or preclude the Actor from fulfillingActor’s customary duties as an Actor.(C) An Actor assigned to perform additional duties as defined hereunder shall be paid notless than $5 per week for each move assigned commencing with the first paid publicperformance of the play. All moves shall be assigned to the Actor by Rider to Actor’semployment contract.(D) Set or prop moves which are inherently hazardous due to location on stage, weight ofthe set piece or prop, construction, pyrotechnic or electrical effects, proximity to machineryor simultaneous movement of other scenery or effects, shall not be undertaken by the Actorwithout the express consent of Equity.(E) Set or prop moves or other assignments not customarily undertaken by the Actor whichinterfere with the normal work of the Actor or for which the Actor may be engaged to theexclusion of work normally assigned to an Actor shall not be undertaken without theexpress consent of Equity under terms satisfactory to it.60. SOCIAL SECURITY - UNEMPLOYMENT INSURANCE(A) It is understood and agreed that the Actor is entitled to the benefit of all Federal andState laws constituting what is commonly known and designated as Social Security Actsand Unemployment Insurance, and that the Producer during the term of the Actor’s contractshall pay any and all taxes or payments required to be paid by employers under theprovisions of said law.(B) The Producer agrees to provide Social Security benefits under the elective provisions ofthe Social Security Law, if the Producer is not required to provide benefits under the law.(C) In the event the Producer fails to apply for unemployment insurance coverage orwithdraws or modifies any application for such coverage without the written consent of52


Equity, or fails to elect coverage within the time required by applicable state law, or fails topay the required insurance contributions to the appropriate state agencies within the timerequired, the Producer in that event must pay to the Actor the equivalent of anyunemployment insurance benefits the Actor may lose as a result thereby. This obligationshall survive the termination of the Actor’s contract of employment.(D) The Producer agrees to furnish the Producer’s unemployment registration number tothe Actor and to Equity as soon as such number is assigned to the Producer.61. STAGE FIGHTINGThe following regulations shall govern whenever a production requires <strong>Actors</strong> to engage ina fight to be determined by Equity.(A) All <strong>Actors</strong> who participate in a fight shall run through the routine during the 15 minutesprior to half-hour. Any exception to this rule shall be at the express discretion of the StageManager and/or Fight Captain. Such run-throughs are permitted to impinge upon theregular breaks and/or hours.(B) Such stage fighting rehearsals [in Rule 61(A)] shall be exempt from regular rehearsalhours and shall be exempt from overtime.(C) Performing members of the company shall rehearse fights with Understudies duringregular rehearsal hours.(D) After the official opening, the Stage Manager must be consulted before any changesare made in a fight routine.(E) No Actor shall be required to participate in stage fighting unless he has agreed to thesame by means of a signed rider.(F) If a Fight Director or Choreographer will not be present during the run of the production,a Fight Captain must be assigned.(G) Proper first-aid information and equipment shall be made available to the Fight Captain.(H) The Fight Director or Choreographer and/or Fight Captain shall consult with all otherartistic personnel to achieve the optimum degree of safety. Any item used in a fightsequence must be properly maintained.62. STAGE MANAGERS AND ASSISTANT STAGE MANAGERS(A) Good Standing. Stage Managers and Assistant Stage Managers shall be engagedunder Equity contracts.(B) Duties and Obligations of a Stage Manager. It is agreed that the Stage Manager’s jobis a full-time one. The Stage Manager shall not be required to function in areas thatimpinge upon the primary duties as a Stage Manager.(1) A Stage Manager signed to an Equity contract is obligated to perform at least thefollowing duties for the production to which the Stage Manager is engaged, and byperforming them is hereby defined as the Stage Manager. The Stage Managershall:(a) Be responsible for the calling and/or coordinating of all rehearsals andnote sessions whether before or after opening.53


(b) Be responsible for assembling and maintaining the prompt book, which isthe property of the Producer and is defined as the accurate playing text andstage business, together with cues sheets, plots, daily records, etc., as arenecessary for the actual technical and artistic operation of the production.(c) Work with the director and coordinate and communicate with the headsof all other departments during rehearsal and after opening.(d) Schedule rehearsal and outside calls in accordance with Equity’sregulations.(e) Assume active responsibility for the form and discipline of rehearsal andperformance and be the executive instrument in the technical running ofeach performance.(f) Maintain the artistic intentions of the director and the Producer after theopening to the best of the Stage Manager’s ability, which shall include givingnotes, calling brush-up rehearsals of the cast when necessary, andpreparing understudies and replacements when and if the director and/orProducer declines this prerogative.(g) Keep such records as are necessary to advise the Producer and/or theProducer’s representative on matters of attendance, time, or other mattersrelating to the actors and/or the Producer.(h) Maintain discipline as provided in the provisions of this Agreement.(i) Notify the Producer or the Producer’s representative if the safe andsanitary provisions of this Agreement are not being maintained.(2) The following duties are not Stage Managerial duties and members of the StageManagerial staff shall not be required to perform them:(a) Function as stagehands, company or general managers, or box officepersonnel, etc.(b) Design, build, hang, transport, operate, shift, run, shop for, or maintainlights, sound, scenery, props, video, animals or wardrobe, etc.(c) Arrange living accommodations.(d) Order or distribute food for the cast.(e) Transport the cast or be responsible for the maintenance of any vehicle.(f) Do laundry or handle dry cleaning.However, for additional compensation, those additional duties may be compensatedand agreed to by the Producer and the Stage Manager in an agreement separatefrom the Equity contract that shall be discussed, issued, and signed subsequent tothe signing of the Equity contract. The Equity contract shall not be contingent uponthe signing of said separate agreement, which shall neither be attached nor rideredto the Equity contract.(3) The following activities are prohibited, and Stage Managers shall not acceptresponsibility for:(a) Having contracts or riders signed or initialed or performing any otherfunction which normally comes under the duties of the general or company54


manager (which is not to preclude delivery of contracts and/or riders in asealed envelope addressed to the individual <strong>Actors</strong>).(b) Signing the closing notice of the Company or the individual terminationnotice of an Actor (which is not to preclude posting of all closing and otherpertinent Company notices).(c) Doing the payroll or distributing payment (including, but not limited tosalary and per diem) except when such payments are delivered in a sealedenvelope addressed to the individual <strong>Actors</strong>.(d) Doing building maintenance, janitorial, or custodial work.(4) Owning or Operating a Motor Vehicle. It shall not be a condition of employmentthat any of the Stage Managerial staff own or operate a motor vehicle.(5) Workweek. All rules for the Actor pertaining to rehearsals, performances,overtime, breaks, and rest periods shall also be applicable to the Stage Managerand Assistant Stage Manager, except where expressly stated otherwise.(C) Employment Prior to First Rehearsal. There shall be at least one Stage Manager foreach production. The Stage Manager shall be engaged at least one week before thebeginning of rehearsal and shall receive at least one week’s contractual salary beforerehearsals begin. Producer’s weekly reports must be filed for the Stage Manager’s preproductionweek. Stage Managers shall not be permitted to act or Understudy.(D) Assistant Stage Manager. There shall be at least one Assistant Stage Manager in eachproduction and said Assistant Stage Manager shall be employed no later than the first dayof rehearsal. The Assistant Stage Manager may not act or Understudy.(E) Duties Prior to Signing of Contract. The Stage Manager or Assistant Stage Managershall not perform any stage managerial duties of any nature for a Producer without a signedcontract (after security has been properly posted with Equity) and instructions from theProducer as to the work.(1) The contractual compensation agreed upon between any Stage Manager orAssistant Stage Manager and the Producer shall be paid from the time the StageManager or Assistant Stage Manager is first called.(2) However, should the Producer require the Stage Manager to perform any stagemanagerial duties in a production any time prior to the week before rehearsalsbegin, or require the Assistant Stage Manager to perform any stage managerialduties in a production any time prior to the week rehearsals begin, the Producershall pay the SM or ASM at the rate of no less than one-sixth of contractual salaryfor each day of employment. In these cases no contract is required to be signed, butthe Producer must sign an agreement with the Stage Manager or Assistant StageManager that such pre-production work is required. This agreement must be filedwith Equity.(3) When the Stage Manager or Assistant Stage Manager are required to performservices in a production after the production has closed, he shall be paid at the rateof no less than one-sixth of contractual salary for each day of such employment.(F) Rest Period Between Days of Employment. There will be at least a 12-hour restbetween the end of work on one day and the beginning of work on the following day excepton the final day before the first paid public performance when the rest period may be55


educed to <strong>10</strong> hours for <strong>Actors</strong>, including Stage Manager. Any violation of the rest breakwill be compensated at the Actor’s overtime rate.(G) Compensation for Missed Breaks or Rest Period . Due to the nature of StageManagerial duties, it is not always possible for the Stage Manager and/or Assistant StageManager to take the required breaks at the same time as the actors. A violation of StageManager’s or Assistant Stage Manager’s break period(s) shall be paid for at the applicableovertime rate. (See Rule 56(N), Overtime, for rates).(H) Stage Manager Booth. The Stage Managers’ booth must be ventilated and theProducer shall employ best effort to see that all Stage Managers’ booths shall be airconditionedor heated as needed.(I) Additional Services for Other Productions. Should a Stage Manager and/or AssistantStage Manager, during the time either is under contract for a <strong>Hollywood</strong> <strong>Area</strong> production,be called upon to perform additional services for a National Tour, Bus & Truck Tour, LasVegas, other productions, or any other version of that production, for which the StageManager and/or Assistant Stage Manager is under contract, and in which the Producerbears a financial interest, the Stage Manager and the Producer (or the Producer’sdesignee) shall negotiate an additional compensation for such additional services in anamount which shall not be less than $50 a day.(J) Production Script. It is understood that the annotated production script is the soleproperty of the Producer. However, a member of the Stage Management staff will not berequired to prepare an additional production script for publication purposes, archivalpurposes or for use in any other production of the play or musical. In the event that theProducer does request a member of the Stage Management staff to prepare or alter thescript so that it is appropriate for publication purposes, archival purposes or for use in anyother production of the play or musical, the member of the Stage Management staff mayagree provided that said Stage Manager is paid no less than $300 for such preparation.(K) Assignment of Stage Manager Duties. A member of the Stage Management staff shallbe present at all rehearsals and performances. The Stage Manager or Assistant StageManager’s duties shall not be performed by anyone other than a Stage Manager orAssistant Stage Manager respectively, under an Equity contract.(L) Weekly Stage Manager/Assistant Stage Manager Hours.(1) During Rehearsal. The workweek for the Stage Manager and/or Assistant StageManager may not exceed 52 hours without overtime compensation. (See Rule56(N) and Rule 62(F)).(2) Tech Week Bump Up Prior to First Public Performance. During the designatedtech week of the production the Stage Manager and Assistant Stage Manager shallbe paid 2/8 th of the contractual salary in addition to contractual salary. Thedesignated tech week shall be defined as that week in which the majority of the “<strong>10</strong>out of 12” rehearsals occur. This additional payment is required regardless of anyadditional overtime payment that may also be due as a result of Actor overtime,meal break violation, etc.(M) Overtime. Whenever the Actor rehearses and/or performs hours that require overtime,the Stage Manager who works the same hours will receive overtime.(1) The Stage Manager will receive overtime any week in which he exceeds themaximum hours in Rule 62(L) above. (See Rule 56(N)).56


(2) After the official opening, or eight weeks after the date of first rehearsal,whichever comes first, the Stage Manager and/or Assistant Stage Manager shall bepermitted to rehearse no more than <strong>10</strong> hours per week without additionalcompensation. After <strong>10</strong> hours, the applicable overtime rate shall be paid for eachadditional rehearsal hour or part thereof.(3) The Stage Manager and the Assistant Stage Manager shall have a day off ineach workweek which shall always be the same as the <strong>Actors</strong>’ day off. If called bythe <strong>Theatre</strong> to work on the day off, the Stage Manager and/or Assistant StageManager shall receive an additional 2/6ths of weekly contractual salary.(N) Assistant Stage Manager Salary in Stage Manager Absence. In the event that for anyperformance the Stage Manager is not present at the theatre in his capacity as StageManager and no temporary replacement Stage Manager is hired, the First Assistant StageManager shall receive not less than the minimum salary for Stage Manager except if theStage Manager is absent on paid sick leave.63. TELEVISING, RECORDING AND MOTION PICTURE(A) Except as provide below, there shall be no televising, broadcasting, visual and/or soundrecording, motion picture filming, video taping, other mechanical, electronic, or evolvingdigital means or other substantially similar current and evolving methods of recording(hereinafter “Recording”) in whole or in part, of any production, including rehearsals, inwhich <strong>Actors</strong> are employed under the terms of this Agreement without the expresspermission of Equity and under the terms and conditions established by it.(1) This rule shall also apply to any recording made in a period of 16 weeksfollowing the final performance of the production.(2) Recordings may not be used for note sessions with <strong>Actors</strong>, as a replacement forrehearsals, or to discipline <strong>Actors</strong>.(3) Application for permission to Record must be received by Equity at least 30 daysin advance.(4) The above notwithstanding, Producer has the right to record a portion of arehearsal or performance for the purposes of studying complex aspects of theproduction, to be mutually agreed upon by Equity and the Producer, by StageManagers and creative personnel, (i.e. designers, choreographers, etc.) SuchRecording is not to be used as an instructional tool nor to be shown to the <strong>Actors</strong>(except Stage Managers). After the stated purpose has been accomplished, theRecording must be destroyed.(5) If a dispute between Equity and the Producer arises under this paragraph, itshall be subject to the Expeditious Grievance and Expeditious Arbitrationprocedures set forth in Rule 5.(B) Cast Albums. Notwithstanding paragraph (A) above, cast albums may be made underthe provisions of the Original Cast Album Rider. The Producer agrees that any Actor whosings or verbalizes in the production in any number, plus the Stage Manager, shall beemployed on the appropriate AFTRA contract for the Recording of said album and shallreceive not less than one week’s contractual salary, the prevailing Production ContractMinimum or the AFTRA Minimum, whichever is higher, for each day or part thereof soemployed, except as provided in paragraph (2) below.57


(1) Such cast album shall accord credit to each Actor appearing in the production atthe time the Recording is made, whether or not the Actor performs on theRecording.(2) In the event the Producer wishes to schedule half-day recording sessions afterthe fist day of Recording and pro-rate payments for said half-day sessions, the <strong>Actors</strong>hall receive not less than one-half of the Actor’s weekly salary, up to a 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 or less and each Actor shallreceive a pro-rata share of 20% of all monies derived by the Producer from theexploitation of the album. (Note: In the event the Producer does not elect this prorationformula, the <strong>Actors</strong> will share in the standard 15% of monies derived by theProducer. Terms for Actor participation in the Producer’s 15%/20% are identified inthe Original Cast Album Rider).(3) Producer shall give Equity not less than 72 hours’ notice (inclusive of at least twobusiness days) prior to such recording.(4) 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 shall shareequally in an amount equal to the average contractual salary of said Swings andUnderstudies multiplied by the number of employment days of such supplementarysingers.(5) For cast album recordings only, there shall be not less than a <strong>10</strong> hour rest periodbetween an evening performance and a morning recording call. There shall be abreak of one and one-half hours (one hour if a meal is provided) between therecording session and rehearsals or performances scheduled under the EquityAgreement. Recording sessions may not be scheduled on two performance days.Application of this rule may not reduce breaks or rest periods require by the AFTRAcontract.(C) Commercials: TV, Radio Spot, In-Flight or Theatrical Exhibition Commercials.(1) Equity will permit the Actor to make a television or radio spot commercial or acommercial for In-Flight or theatrical use of three minutes or less duration promotingthe theatre or production provided the Actor is signed to the applicable SAG orAFTRA Contract. If a television or other commercial is made from still photographsof persons in the cast, each Actor contained within the photograph, whetherrecognizable or not, shall be signed to the proper SAG or AFTRA Contract. When aStage Manager, Dance Captain, or other Actor is required to do any work other thanperformance in connection with a television or radio commercial, or a commercialfor In-Flight or theatrical use, the Producer shall pay said Actor the same rate as anOn-Camera Principal Actor in addition to payments required if Actor also performs.All terms of the SAG/AFTRA Contract will be applicable to all commercial useidentified herein in paragraph 63(C)(1) except as identified in paragraphs 63(C)(2),(3)&(4).(2) Los Angeles.(a) Producer shall pay the applicable AFTRA/SAG session and/or use fee toeach Actor used in the commercial. The Producer shall be permitted to makeany number of commercials from the same footage shot during the same58


(3) Cable.session using the same Actor. In such event, no additional session or usefee shall be due except as indicated below.If the Producer uses an Actor in one commercial in a lesser paymentcategory and then uses the Actor in a subsequent commercial in a highercategory, Producer will pay the Actor the difference in the session fee aswell as any adjustment in the use fee as may be required under theAFTRA/SAG Agreement.(b) No holding fee payment shall be required.(c) The applicable AFTRA/SAG wildspot fee shall be paid when due underthe AFTRA/SAG Agreement (less the session fee where appropriate as perAFTRA/SAG Agreement).(a) The current SAG/AFTRA Cable Experimental Agreement or applicableSAG/AFTRA Agreement shall apply.(b) If, during the term of this Agreement, AFTRA/SAG adopt terms andconditions involving cable that are different from current terms andconditions, then, in such event, said different terms and conditions shallapply to this Agreement.(4) Stars. Producer may create new footage at a regularly scheduled performancefor the exclusive purpose of incorporating new stars into a pre-existing commercialprovided all <strong>Actors</strong> seen in the newly incorporated footage are paid pursuant to theterms and conditions contained herein. Payment shall be due <strong>Actors</strong> in the new-starcommercial only if they have not been paid for the pre-existing commercial or if theyare now in a higher payment category.(5) Notice. There must be at least 24 hours’ notice to the <strong>Actors</strong> and Equity prior toany taping or filming for a commercial.(6) Session Fee. Except as identified above in paragraphs 63(C)(2),(3)&(4), when acommercial is Recorded, every Actor called shall be paid not less than theapplicable AFTRA/SAG session fee in addition to any use fees which may beapplicable. If the commercial is Recorded during a performance, each Actorperforming their function, including Stage Managers, will be paid the applicableAFTRA/SAG session fee in addition to any use fees.(7) Newscast Footage. Under no circumstances may footage taken pursuant toparagraph (D) below be used to produce a commercial without Equity’s prior writtenconsent which will not be unreasonably withheld or delayed. In the event theProducer violates this provision, each Actor present at the call when the footagewas Recorded shall be paid double the applicable AFTRA/SAG session fee inaddition to any use fees.(D) Television Newscast, Three-Minute Excerpt. Recording can be done of the productiononly for the exclusive use on a Television newscast review of the production or a featuredstory on the production contained within the Television news program (except as providedbelow in Paragraph 63(D)(4), Talk Shows) only under the following conditions:(1) During a Rehearsal.(a) Recording and interview sessions shall not exceed one-half hour of therehearsal.59


(b) The Stage Manager shall file a report with Equity giving the time utilizedfor the Recording and interview sessions. Said report shall be initialed by theDeputy.(c) Upon contemplation of Recording during a rehearsal the Producer shallmake every reasonable effort to:(2) At a Performance.(i) Give the cast 24 hours’ notice.(ii) Schedule only three Recording sessions and all stations must dotheir Recording within those three times.(iii) If the time of the Recording is changed, the Producer shall notifythe cast of such change and of the re-scheduled time.(a) Recording may be for only one-half hour of footage.(b) The cast must be given 24 hours’ notice.(c) When cameras are going to Record, cast must be given notice at thehalf-hour call.(d) There shall be no Recording where there is any interference with the<strong>Actors</strong> or audience such as the requirement for additional lighting or themovement of machinery.(3) Length. No more than three minutes of any Recording shall be shown on theTelevision news broadcast. Such three minute film or tape must not contain anentire self-contained number or scene.(4) Talk Shows. Promotional clips may also be used on entertainment programssubject to the following terms and conditions:(a) The clips (not more than two on any one program) must be used as partof a bona fide interview in which the production is being promoted.(b) The total amount of usage of Equity show clips on a program cannotexceed two minutes. Furthermore, a clip cannot contain all or substantiallyall of a musical number.(c) All performers seen and/or heard on a clip must have given writtenconsent to the above-described promotional use.(d) Clip usage is restricted to currently running productions only.(5) Payment. No payment shall be required provided no payments are made to anyother personnel employed in the production.(6) Stage Manager Required. An Equity Stage Manager is required for anyRecording under this paragraph (D).(7) Violation. For any violation of paragraph (D), other than violations ofunauthorized subsequent uses of the Recording, the Producer shall pay one weeks’contractual salary to each Actor whose rights have been breached hereunder. Suchpayments shall not preclude any right in law or equity, civil, or criminal, that ariseunder a breach of paragraph (D), which the Actor has against the Producer or anythird party.60


(E) Advance News Recording (Previously known as “B-Roll”). In order to be able to supplyfootage to outlets which cannot, for whatever reason, supply their own crews to take suchfootage, the Producer may shoot Advance News footage, provided that Producer adheresstrictly to all the terms of (D) above.(1) The Producer will advise all media to whom the footage is supplied of the termsand conditions outlined in this Agreement under which the airing of such footage isgoverned.(2) The Producer will be limited to one such Recording per year and remains liablefor any claims resulting from any misuse of such footage.(3) The Recording of Advance news footage may take place in accordance with thisparagraph without additional compensation during a scheduled rehearsal, dressrehearsal or performance. It is understood and agreed, however, that enhancedlighting and multiple takes may occur during such a rehearsal, dress rehearsal orperformance provided that in the event an excessive number of takes transform therehearsal into a “session”, then the applicable AFTRA or SAG session fee shall bedue every Actor or Stage Manager at the call. Further, in the event that particular<strong>Actors</strong> are requested to come early or stay late for retakes or special shots, such<strong>Actors</strong> shall likewise be paid the applicable AFTRA or SAG session fee(s) that maybe due.(F) Notice to Broadcast Media and Press Agents. The Producer agrees to supply all mediaand press agents who Record footage or are supplied with footage a copy of Rule 63 of the<strong>Hollywood</strong> <strong>Area</strong> <strong>Theatre</strong> Agreement for the purpose of ensuring compliance. Failure tocomply with Rule 63 may subject the Producer to penalties as specifically outlined in Rule63(D)(7). The Producer will copy Equity on all pro forma letters, indicating the partiescontacted, pursuant to this Agreement.(G) Other Promotional Uses. The Producer and <strong>Actors</strong>’ Equity acknowledge that consistentand varied promotion and advertising of theatrical productions will promote long termemployment for all performers employed in legitimate theater productions and that therecording of the material and uses contemplated by this provision are intended to achievethis objective.(1) Advance News Footage—No Payment Required (Exceptions Noted). The rightto use B-Roll footage for use on television newscasts, soft news programs and talkshows shall continue without compensation provided such footage is created (as setforth in paragraph 2) and used in accordance with the terms and conditions set forthin Rule 63(D). The approved venues for other promotional uses of B-Roll footage inaccordance with Rule 63(D) and without additional compensation are identifiedbelow.(a) Press Reels: Producer can use clips of up to a total of three minutes ofperformance and/or rehearsal footage (of which no continuous sequenceshall exceed 30 seconds) for each production included on the Press Reel.Total clip use on press reels shall not exceed fifteen minutes.(b) Web Sites: Up to a total of five minutes of rehearsal and/or performancefootage (which may depict an entire scene or musical number) may be usedeither in a directory or multiple show format (i.e., “Eye On LA” format) or byan individual Producer on behalf of a particular show or group of shows,including pages on non-embeddable third-party hosting sites (e.g.,Facebook). Neither merchandise promotion nor ticket sale information shall61


e presented on the same “page” as the foregoing, but may be presented ona separate “page”. However, the page containing Advance News footagemay indicate how to get to the page which does have information aboutmerchandise or tickets. It is also understood that there may be no promotionof any other product(s) on the “page” where the Advance News footage willbe seen without Equity’s prior written consent. If voiceover or other live Actorwork performance is required in addition to the permitted performancefootage, the applicable AFTRA/SAG Agreements shall apply to such voiceoveror other work.(c) News and Current Affairs Programs: Producer can use clips for up tothree minutes in total time on each show. (See Rule 63(D)).(d) Entertainment Talk Shows: Producer can use clips for up to two minutesas part of an interview provided performers have given written consent. (SeeRule 63(D)).(2) Use of Advance News Footage (Including Documentary and News Footage)Payment Required. Except as otherwise provided in this Paragraph (2), theProducer may use footage from any B-Roll, documentaries (produced afterNovember 3, 1997, provided Actor has given consent to such use) or news footagefor purposes of promoting the theatrical production for a single AFTRA/SAG fee toeach Actor appearing in such footage in the following venues:(a) Educational Videos: Up to a total of 15 minutes of rehearsal and/orperformance footage from a show provided no number or scene is shown inits entirety.(b) Tour Bus Videos: Up to a total of 15 minutes of rehearsal and/orperformance footage from a show provided no number or scene is shown inits entirety.(c) Sales Kiosk Videos, In-Store Videos or Lobby Loops: Up to a total of sixminutes of rehearsal and/or performance footage from a show provided nonumber or scene is shown in its entirety.(d) Group Sales Video: Up to a total of eight minutes of rehearsal and/orperformance footage from a show provided no number or scene is shown inits entirety.(e) Corporate Videos: Up to a total of eight minutes of rehearsal and /orperformance footage from a show provided no number or scene is shown inits entirety.(f) Movie Trailers and Video Billboards: Up to a total of three minutes ofrehearsal and/or performance footage from a show provided no number orscene is shown in its entirety.(g) In-flight Video and In-house Hotel Video: Up to a total of eight minutes ofrehearsal and/or performance footage from a show provided no number orscene is shown in its entirety. In-flight video or in-house hotel video mayeither be presented as a multiple show directory or on an individual show ormultiple show basis so long as it is presented along with either soft news,cultural or tourist information.(h) Music Video and Infomercial – applicable AFTRA/SAG rates. Withrespect to infomercials, up to a total of 15 minutes of rehearsal and/or62


performance footage from a show provided no number or scene is shown inits entirety.Footage from commercials may be used for any or all of the above upon payment ofthe applicable AFTRA/SAG fee for such use. <strong>Actors</strong>’ Equity shall not apply anyadditional fees for the above uses provided the Producer fully complies with all ofthe terms and conditions set forth herein. The above permitted uses shall notinclude the sale of videos or the endorsement of any commercial products.(H) Documentary.(1) The Producer shall have the right to make a television documentary, includingunlimited exhibition throughout the world on all television and for the period definedin the AFTRA/SAG Agreement. This permission is conditioned on payment of therates for clips of performance and/or rehearsal footage as identified in the formulasbelow:(a) Less than eight minutes: applicable AFTRA/SAG rates.(b) Eight minutes but less than 21 minutes: one eighth contractual salaryplus applicable AFTRA/SAG rates.(c) “Performance footage” and/or rehearsal shall mean footage acquiredfrom B-Roll, documentaries (produced after November 3, 1997, providedActor has given consent to such use) or news footage with no individualclip exceeding three minutes in duration.(d) “Non-performance footage” involving <strong>Actors</strong> in non-performanceactivities (such as interviews, costume fittings and other elements wherethe performer is not performing whether in rehearsal or on stage) shall notbe included in the calculation of running time.(e) If work additional to Actor’s normal duties in rehearsing or performingfor the stage production is required of the Actor to accommodate therecording, the Actor will be paid the appropriate Equity hourly rehearsalovertime rates for such additional work plus any fees which may berequired by AFTRA or SAG.(f) Producer must obtain Equity’s consent to Record more than a total ofthree days of rehearsal and/or performance. Equity agrees that it shall notunreasonably withhold its consent to such additional Recording.(2) Clip Use in Other Documentaries. The Producer can use clips of performersfrom one or more productions in a different documentary with an aggregate limit ofan average of three minutes “performance and/or rehearsal” clips per half-hourprovided that the <strong>Actors</strong> seen are paid no less than the applicable AFTRA/SAG ratein accordance with the formulas identified above. All <strong>Actors</strong> (including StageManagers) shall receive billing at the end of any broadcast of the documentarycreated hereunder.(I) Session Fees. Producer shall not be required to pay a session fee to any Actor who isnot called to be present at the theater or rehearsal space when Recording is taking place.Stage Managers shall be paid the same rate as the <strong>Actors</strong>.(J) Payment for Live Television Promotional Appearances. Whenever an Actor appears incostume or performs a number or scene which is presented substantially in the manner of63


the Equity production on a news, talk or entertainment show, said Actor shall be paid notless than one-eighth of the Actor’s contractual salary plus the applicable AFTRA/SAG rate.If the Stage Manager is present at the live television appearance, the Stage Manager willbe paid no less than the <strong>Actors</strong>.(K) Use of Footage After Expiration Date of Contract. Any footage produced under Rule 63shall continue to be governed by the terms of this Agreement without regard to theexpiration of this Agreement and without regard to the amendment of this Agreementexcept to the extent that such amendment shall so provide.64. TERM OF EMPLOYMENT(A) The Producer guarantees the Actor two consecutive weeks of employment in addition toany rehearsal time.(1) Where paid previews are given immediately preceding the official openingperformance; that is, where there are no intervening days, rehearsals or unpaidpreviews, the Producer, if the company shall close within two weeks of saidopening, may claim the pro-rata salaries paid to the <strong>Actors</strong> for said paid previews asa credit and off-set against the minimum guarantee provided for in the contract ofemployment.(2) Any sums paid to the Actor for rehearsals, whether at a full salary or asRehearsal Salary, or any sums paid to the Actor for unpaid previews or for paidpreviews not immediately preceding the opening performance shall not be a creditagainst the minimum guarantee specified in the contract.(B) An Actor replacing another Actor on short-term employment notice shall be guaranteedat least one week’s employment with a minimum of one weeks’ health contribution plusone-sixth of rehearsal pay for each day or fraction thereof the Actor is called upon torehearse.(C) In the event the Actor gives notice whether for short or long term employment or toterminate Actor’s individual employment contract and the termination becomes effectiveone week before the production closes, then the replacement Actor shall be guaranteed atleast one week’s employment with a minimum of one week’s health contribution. (See alsoRule 32, ILLNESS AND SICK LEAVE).65. TERMINATION(See also Rule 37, MORE REMUNERATIVE EMPLOYMENT, and Rule 52,REPLACEMENT OF ACTOR).(A) Termination Notice in Writing. It is the essence of all employment contracts that allnotices thereunder, company and individual, must be in writing. Copies of all notices mustbe filed with or 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, the person orpersons to whom notice is given has not or have not been misled or injured.(B) Notice to Actor and to Producer. All notices to the Producer may be given to theProducer personally, or the company manager, in writing. Notice to the Actor must be givento the Actor personally in writing unless the Producer has procured the address of the Actorin which case, unless otherwise provided, (see Rule 32(A)), it may be given by mail ortelegram. All communications that refer to the company in general shall be posted upon thecallboard.64


(C) Before or During Rehearsal.(1) The Actor may terminate without penalty at any time prior to two weeks beforethe designated date of rehearsal on the Actor’s contract.(2) If the Actor gives notice of termination within two weeks of the designatedrehearsal date, the Actor must pay the Producer a sum equal to one weeks’compensation.(3) The <strong>Hollywood</strong> <strong>Area</strong> <strong>Theatre</strong> contract may be terminated by the Producer beforethe first paid public performance by giving written notice to the Actor and paying theActor forthwith a sum equal to two weeks’ compensation, plus rehearsal salary due.(4) The Actor may terminate the contract after rehearsals begin and before the firstpaid public performance only on Equity’s consent, except as provided in Rule 37MORE REMUNERATIVE EMPLOYMENT.(5) No Actor shall give notice of any kind, to be effective either during the final sevendays of the regular permissible rehearsal period including the first paid publicperformance or during any of the seven days prior to the official opening night,including the official opening night.(D) Individual Termination after Opening. Either party may terminate the contract at anytime on or after the date of the first paid public performance of the play by giving the otherparty two weeks’ written notice, except as noted in Rule 65(C)(4) above and Rule 65(E)below.(E) Just Cause. No Actor engaged under an Equity contract may be terminated except forjust cause. (See Rule 52(B) for provisions relating to inability of the Actor to perform).(1) Where it is alleged that the Actor is not performing as required, notice oftermination may be served only if the following procedures have been observed:(a) The Actor must have received prior written warning alleging failures toperform as required, which warning must also be served upon Equity.(b) Such written warning may be in the form of “notes” which are reduced towriting.(c) The written warning (which may be or include “notes”) shall be over thesignature of the Producer, Director, Choreographer, Musical Director, orother person with authority to terminate employment.(2) The notice of termination may not be served unless the Producer, Director,Choreographer, Musical Director, or other person with authority to terminateemployment has seen the Actor in performance (in the case of understudies, inrehearsal or performance of the part(s) understudied) within one week prior to thedate of the notice of termination.(3) In the case of an Understudy, either or both of the above notices may be basedupon the Actor’s work in Understudy rehearsal rather than in actual performance.(4) Following the service of the notice of termination the Actor, together with Equity,may demand a meeting with the Producer, or Producer’s representative, for thepurpose of reviewing the matter of the Actor’s alleged failure to perform as required.Such meeting shall be held as promptly as possible after the notice of termination isgiven, but in no event later than one week after demand for such meeting is made.Each party may be accompanied by such other appropriate persons, as it desires.65


(5) In the event the matter is not satisfactorily resolved, it may be submitted byeither party to Arbitration in accordance with Rule 5, ARBITRATION.(6) Should an arbitrator determine that the termination was without just cause,Arbitrator shall provide a remedy in accordance with the following: Damages limitedto one week’s contractual salary, up to Production Contract minimum per week, foreach five weeks of employment under the <strong>Hollywood</strong> <strong>Area</strong> <strong>Theatre</strong> Contract up to amaximum payment of 15 weeks’ contractual salary (based on salary at the time oftermination). In no event shall damages be less than two weeks’ contractual salary.(7) This Rule shall be applicable commencing four weeks after the first paid publicperformance of the play or four weeks after an individual Actor’s first paid publicperformance. The Rule shall be applicable to Understudies and Swings engagedafter the first paid public performance of the play commencing five weeks after dateof first employment.(F) Effect of Company Notice. Where a company is closed in accordance with or afternotice of closing to the entire company, such notice of closing shall supersede anyindividual notice then outstanding.(G) Company Closing Notice. The Producer may close the company upon one week’swritten notice, or upon payment of one week’s contractual salary in lieu thereof, providedthe Producer has paid the Actor for all services rendered to date and in no event less thantwo weeks’ salary, plus rehearsal pay.(1) One week’s notice shall mean eight performances or no more than seven dayscommencing with the first performance following the posting of the notice.(2) Should the Producer wish to continue the production rather than close on thedate specified in the notice, prior to that date the Producer shall submit a statementto the effect that the notice is rescinded and that the <strong>Actors</strong>’ contracts continue toremain in effect. This statement shall be signed by the Producer and by each of the<strong>Actors</strong> who wish to continue in the production.(H) Payment When Actor Is Not Allowed to Work-Out Notice. If the Actor is not allowed orrequired to work out any notice properly given under the Actor’s contract, the Actor shall bepaid immediately upon the giving of notice and the Actor may forthwith accept otheremployment.(I) Rights After Giving Notice When Actor Secures New Engagement. Should either partygive the other any notice permitted under the contract, which notice terminates the same atany future date, and should the Actor have or secure a new engagement, the Actor shall bepermitted to attend rehearsals under the new engagement as may be necessary and as donot conflict with the Actor’s performance under the Actor’s then existing contract.66. TRANSPORTATION AND BAGGAGE(See Rule 56(G), Transportation and Baggage.)67. UNDERSTUDIES(See also Rule <strong>13</strong>, CHANGES IN CAST: DUTY TO ANNOUNCE, and 50(C),REHEARSALS)(A) Parts Understudied. All parts and/or roles except star roles, “bit” parts, and one-personshows, shall be covered by an Understudy. Equity shall have sole authority to determine66


whether an Understudy is needed for a star role. In order to comply with this Rule, theProducer will be permitted to employ non-professionals who are not members of any 4-A’sunion. A non-professional affidavit must be filed for each non-professional. A nonprofessionalunderstudy may not perform more than 14 consecutive performances.(1) Date of Hire. Understudies shall be contracted no later than the first paid publicperformance. Understudy parts and/or roles assigned to Principals or Chorus mustbe so assigned on the original contract or with new contracts or riders withappropriate salary adjustments. (See also Rule 31, HIRING “AS CAST”:OBLIGATIONS TO ACTOR).(2) Understudy Parts Payments.(a) If any performing member of the cast understudies a Principal part or arole, the Actor shall receive no less than $25 per week in addition to theActor’s own salary for each Actor understudied, and(b) Any Understudy going on shall receive no less than one-eighth of theActor’s own salary each time the Actor performs the role or a portion thereofof the Actor understudied.(3) Definition, “Part”. The term “part” shall mean each character, specialty, orfunction for which the Actor is responsible. The term “role” shall mean the sum ofthe parts, specialties, functions, and assignments for which an Actor is responsible.(B) Understudy to Chorus Playing a Part. If a Chorus Actor understudies a part or specialty,as defined in 14(A), performed by another Chorus Actor, the Chorus Actor shall be paid noless than $12.50 per week in addition to the Chorus Actor’s own contractual salary for eachChorus Actor so understudied.(C) Present During Performances. Understudies shall be present at each performanceunless the Producer otherwise consents.(D) Understudy Rehearsal Hours After Official Opening. Rehearsals after the officialopening shall be limited to <strong>10</strong> hours weekly for Understudies and shall take place on nomore than three days. However, no rehearsals after the official opening may be held ontwo performance days except in an emergency.(E) Requirement to Perform. No Understudy shall be required to perform until one weekafter the Actor is engaged as Understudy or assigned as Understudy, has the Actor’s scriptand/or music for one week and has at least one rehearsal. The Understudy shall read thepart or may perform if able and willing. The Producer shall use best efforts to provideUnderstudies with script and/or sides and music as soon as possible.(F) Program Announcement. All Understudies to Principal <strong>Actors</strong> shall be listed in theprogram by name and role understudied. The listing shall be automatic unless theUnderstudy requests in writing on a form supplied by Equity for that purpose, that it not be.Copies of such requests shall be sent to Management and Equity.(G) Number of Companies. Understudies shall be in only one company at a time.(H) Limitation of Understudy Roles. In no event shall a performing Actor be permitted tounderstudy more than three Principal roles. A General Understudy may understudy notmore than five Principal roles.67


68. UNPAID ABSENCE ONLY FOR COMPELLING CIRCUMSTANCES OR EMERGENCY<strong>Actors</strong> shall be entitled to take up to three performances per contract year of unpaidabsence for compelling circumstances or emergency. For purposes of this Rule, acompelling circumstance or emergency will include but not necessarily be limited to either awedding, funeral, graduation or medical emergency and must involve a member of theActor’s immediate family (including in-laws, domestic partners and spousal equivalents).Such absence is subject to the following:(A) Actor will give one week’s written notice when possible;(B) Such Unpaid Absence may not be used by Actor to accept other work or to attend anaudition;(C) Producer may require Actor to explain the compelling circumstance or emergency.(D) Any unpaid absence for a non-compelling circumstance may be granted at theProducer’s sole discretion.69. UNION LOGOThe Producer agrees to insert the following line in the program: “<strong>Actors</strong> and StageManagers employed in this production are members of <strong>Actors</strong>’ Equity Association, theUnion of Professional <strong>Actors</strong> and Stage Managers in the United States.” Also the Produceragrees whenever and wherever possible to prominently display the Equity Logo in the lobbyof the theatre. The Logo shall be supplied by Equity. [See Rule 7(E)(5) BILLING ANDPROGRAMS.]70. UNION SECURITY - DUES AND FEES(A) All <strong>Actors</strong> who are members of <strong>Actors</strong>’ Equity Association shall, as a condition ofemployment, continue to be members of the Union in good standing for the life of thisAgreement. All employees covered by this Agreement who are not now members of Equityshall, as a condition of employment, become members within 31 days following the signingof this Agreement and shall thereafter remain members of the Union in good standing as acondition of continued employment. All new employees covered by this Agreement shall, asa condition of employment, become members of the Union within 31 days from the date ofthe commencement of their employment and shall thereafter continue to be members of theUnion in good standing as a condition of continued employment. As defined and applied inthis Agreement, the phrase “member of the Union in good standing” means a person whopays initiation fees and dues (or the monetary equivalents thereof) to the Union as financialobligations in accordance with the requirements of the National Labor Relations Act.(B) Equity shall provide the Producer two weeks written notice to discharge any actorcovered by this Agreement for non-payment of union dues or initiation fees (or themonetary equivalents thereof). Upon the Actor’s failure to make such payment within theaforesaid period, the Producer agrees immediately to discharge the Actor, providedhowever, that Equity shall withhold its demand for discharge if the Producer undertakes,with the consent of the Actor, to withhold from the Actor’s salary a sum sufficient to correctthe Actor’s delinquency.(C) Dues and Initiation Fees. The Producer agrees to deduct from the Actor’s salary andremit to Equity, Union dues, plus initiation fees, and assessments provided that theProducer receives timely notice from Equity, with proper authorization, agreed to andsigned by the Actor.68


71. VACATIONSAfter the Actor shall have been employed for a period of 25 weeks in a production (seeRule 71(C)), the Actor shall be entitled to a one-week vacation at the Actor’s option. If theActor chooses not to take the vacation, the Actor shall be paid one-week’s contractualsalary in addition to the Actor’s performance salary. No more than one Actor from a castmay be on vacation at the same time.(A) Notice of Vacation. The Actor shall give the Producer five weeks’ notice of the date ofthe Actor’s intended vacation, which date shall be approved or disapproved by the Producerwithin one week thereafter. Such approval shall not be unreasonably withheld.(B) Beginning of Employment. Employment, for the purposes of this Rule, shall begin onthe date the Actor is first required to rehearse.(C) Vacation Eligibility.(1) Absences of no longer than one month due to illness or other valid reason,except as provided in 71(C)(3) below, shall be considered employment for thepurposes of this Rule.(2) Absences of a longer duration for illness, or other valid reason, shall not beconsidered employment for vacation purposes. However, the Actor, uponresumption of the Actor’s services, shall receive credit for all time accumulated priorto said absence or layoff.(3) An Actor who, during the period of employment referred to herein, receives aleave of absence of a longer duration than one month for the purpose of takingother employment shall lose all accumulated time for vacation purposes.(D) Replacement. An Actor engaged to replace another Actor who is on one week’svacation shall be contracted for no less than two weeks. If the first week of the two weekcontract is used exclusively for rehearsals only, Actor shall be paid not less than the Level 1minimum salary of the appropriate <strong>Hollywood</strong> <strong>Area</strong> <strong>Theatre</strong> category. If, however, anyportion of the first week is used for performance, Actor shall be paid not less than theperformance rate based upon the weekly box office gross. During the second week of thereplacement contract, the Actor shall be paid not less than the minimum salary based uponthe weekly box office gross.72. VOLUNTARY CLASSESAll <strong>Actors</strong> are prohibited from attending “voluntary” dance and music classes. The Produceragrees to not request or require <strong>Actors</strong> to attend such classes.69


44-A's 1(A)....................................................................... 1AActorAgreement to Breach of Contract Prohibited 18(D) ....19Claims, Time Limit in Filing 15(B) ...........................15Claims, Waiver Not Permissible 15(A) ......................15Contract Signing 18(A) .............................................18Definition 22(A) .......................................................21Duties 27..................................................................24Emergency Leave 68.................................................68Juveniles 34..............................................................27Military Service 36 ...................................................28Property Reimbursement 48 ......................................35Temporary Replacement for Disability Leave 25(H) ..23Waiver of Minimum Conditions Not Permissible18(B)(1) ..............................................................18Actor's Obligations to Equity 1........................................ 1Additional Duties Payment 56(M) ..................................51Affirmative Action and Non-DiscriminationAffirmative Action 2(B)............................................. 2Non-Discrimination 2(A) ........................................... 2Notice 2(D)................................................................ 2Violation 2(C)............................................................ 2AFL-CIO 1(A)................................................................ 1AFTRA Payments 63.....................................................57AgentsAccess to Auditions 6(A)(5)(c)................................... 6Agent-Submitted Auditions 6(A)(1)(c) ....................... 4Chorus Commissions Prohibited 3(C)......................... 3Commissions 3(B) ..................................................... 3Equity Franchise 3(A)................................................ 3AgreementBinding Effect 8........................................................12Aliens, Non-Resident Prohibited 4................................... 3AnnouncementsCameras in <strong>Theatre</strong> Prohibited 12..............................14Changes in Cast <strong>13</strong> ...................................................14ArbitrationActor Representation by Equity 5(G).......................... 4Dispute of Equity Ruling 5(F) .................................... 3Exclusive Remedy 5(A),(D) ....................................... 3Expenses 5(E)............................................................ 3Panel of Arbitrators 5(B)............................................ 3Selection of Arbitrator 5(C)........................................ 3Time Limit 5(F)......................................................... 3As Cast 30.....................................................................26Auditions and InterviewsAgent-Submitted 6(A)(1)(c) ....................................... 4Equity.......................................... See Equity AuditionsGeneral Chorus 6(B)(1).............................................. 6General Principal 6(A)(1)........................................... 4Liability Insurance 6(C)(2)......................................... 8Nudity Prohibited at Interview 40(A).........................30Safe and Sanitary 6(C)(1)........................................... 7Script Advisory Review 6(D) ..................................... 8BBaggage ............................................... See Salaries 56(G)Billing and Programs ..................... See also Press ReleasesActor Billing in Rider 7(C)........................................11Breach of Billing 7(D)...............................................11House Board 7(A).....................................................11House Board Upon Termination 7(B) ........................11Program and Souvenir Program 7(E) .........................12Programs, Biographies 7(E)(2) ..................................12Programs, Cast List 7(E)(1).......................................12Programs, Omissions or Errors 7(E)(6) ......................12Programs, Penalty 7(E)(7).........................................12Binding Effect of Agreement 8.......................................12Blacklisting 9.................................................................<strong>13</strong>Bond .......................See Security and Security AgreementsBond, Return of 58(C)....................................................52Box Office Statements 56(I)...........................................50Breach of ContractBy Producer <strong>10</strong>(A)(1),(2),(5),(6),(9) ..........................<strong>13</strong>Breaches by ProducerActor Payment <strong>10</strong>(B) ................................................<strong>13</strong>Actor Released from Obligation to Work <strong>10</strong>(A)(9).....<strong>13</strong>Arbitration <strong>10</strong>(C) ......................................................<strong>13</strong>Attempted Breach 18(D) ...........................................19Breach of Contract <strong>10</strong>(A)(1),(2),(5),(6),(9).................<strong>13</strong>False Statement <strong>10</strong>(A)(3) ..........................................<strong>13</strong>Non-Equity Contract <strong>10</strong>(A)(4)...................................<strong>13</strong>Security, Bond <strong>10</strong>(A)(7)............................................<strong>13</strong>Breaks, Rehearsal 50(F)(2),(G)(2) ..................................38CCallbacks 6(A)(5) ........................................................... 6Callboard 11..................................................................14Cast Albums 63(B) ........................................................57ChorusAgent Commissions Prohibited 3(C)........................... 3Definition 22(A)(2)...................................................22Extraordinary Risk, Choreography 29(A)...................25Minimum Number of Contracts 41(A) .......................31Part Definition 22(A)(6)............................................22Partial Swing 14(C)(2)(a)..........................................15Parts Payment 14(A) .................................................15Required Auditions 6(B) ............................................ 6Swing 14(C) .............................................................15Swing Definition 22(A)(4) ........................................22Understudy to Chorus Part 14(B)...............................15ClaimsTime Limit in Filing 15(B)........................................15Waiver Not Permissible 15(A)...................................15Clothes and Make-UpBack-Up Costumes 16(H) .........................................17Change of Hair Color 16(I)........................................18Change of Hair Style 16(J) ........................................18Cleaning and Upkeep 16(D) ......................................17Costume Measuring 16(L).........................................1871


Costumes for Understudies and Swings 16(K)............18Dance Shoes 16(C)(2)...............................................17Knee Pads/Protective Clothing 16(F).........................17Make-Up 16(E).........................................................17Personal Wardrobe 16(A)..........................................15Rental Rates 16(B)(1),(2) ..........................................16Rentals 16(B)............................................................16Shoes 16(C)..............................................................17Skin Parts 16(G) .......................................................17Continuous Employment 17 ...........................................18ContractsActor's Contract Signing 18(A)..................................18Attempted Breach 18(D) ...........................................19Breaches............................... See Breaches by ProducerChanges and Alterations 18(B)..................................18Completing 18(B)(3).................................................19Filing by Producer 18(C)...........................................19Minimum Number 41................................................31Rider Approval 18(B)(2)...........................................19Subject to Law 35(A)................................................28Unlawful Provisions 35(B)........................................28Conversion RightsContract with Higher Minimum Salaries 19(A) ..........19Showcase Production/LA 99-Seat <strong>Theatre</strong> Plan,Conversion From 19(B)........................................20Conversion Rights 19.....................................................19Costumes................................... See Clothes and Make-UpDDance Captain 20...........................................................21Days Off, Rehearsal 50(E)..............................................37Defaulting ProducersBond 21(A)...............................................................21Employment By, Prohibited 21(B),(C).......................21DefinitionsActor 22(A) ..............................................................21Chorus 22(A)(2) .......................................................22Extraordinary Risk 29 ...............................................25<strong>HAT</strong> Use and Limitations 22(B)................................22Part 22(A)(6) ............................................................22Principal Actor 22(A)(1) ...........................................22Role 22(A)(7) ...........................................................22Stage Manager 22(A)(3)............................................22Swing 22(A)(4).........................................................22Understudy 22(A)(5).................................................22Weekly or Contractual Salary 22(C) ..........................22Workweek22(D)...................................................................22Deputies and Members Non-Discrimination 23...............22Deputies and Representatives 24.....................................23Disability Leave 25........................................................23Discrimination Prohibited 26..........................................23Dressing Rooms 55(B)...................................................41Duties of the Actor 27....................................................24EEmergency Leave of Absence 68....................................68Employment, Continuous 17 ..........................................18EquityAs Actor's Representative 28(A)................................24Authority to Act for the Actor 28(C)..........................24Determination of Classification 28(F)........................25Meetings 57(A),(B),(C).............................................51Meetings, Privilege of Actor to Attend 28(B).............24Oral and Written Interpretations 28(D),(E).................24Union Emblem 69.....................................................68Equity AuditionsAccompanist 6(A)(4)(c) ............................................. 5Additional Requirements 6(A)(4) ............................... 5Callbacks 6(A)(5) ...................................................... 6Cast Breakdown 6(A)(2)(a) ........................................ 4Casting Authorities 6(A)(2)(b).................................... 4Change of Location 6(A)(2)(i).................................... 5Chorus Regulations 6(B)(2)........................................ 6Dance 6(B)(2)(d)(e) ................................................... 7Hiring Obligation 6(A)(1)(b)...................................... 4Length of Day 6(A)(4)(a) ........................................... 5Liability Insurance 6(C)(2)......................................... 8Monitor 6(A)(2)(j) ..................................................... 5Number of Days 6(A)(2)(d)........................................ 4Principal Requirements 6(A)(3).................................. 5Required Chorus 6(B)(1)(a)........................................ 6Required Principal 6(A)(1)(a)..................................... 4Requirements 6(A)(2) ................................................ 4Roles for Specific Disabilities 6(A)(2)(c).................... 4Safe and Sanitary 6(C)(1)........................................... 7Scheduling 6(A)(2)(e),(f) ........................................... 5Scripts and Scores Available 6(A)(4)(d)...................... 5Extraordinary RiskChoreography 29(A) .................................................25Defined 29................................................................25Determination 29(B) .................................................25Payments 29(C),56(P)...............................................25FFight Captain 61(F)........................................................53HHair Color 16(I).............................................................18Hair Style 16(J)..............................................................18<strong>HAT</strong> Use and Limitations 22(B).....................................22<strong>HAT</strong>, Use of ................................................................... 1Health RatesHospitalization and Medical Insurance 30..................25Week Definition 29(B)..............................................25Hiring "As Cast" 30 .......................................................26House Board 7(A)..........................................................11Housing................................................. See Salaries 56(F)IIllness and Sick LeaveBorrowed Sick Leave 32(E) ......................................27During Performances 32(B).......................................26During Rehearsals 32(A)...........................................26Sick Leave Accrual 32(C) .........................................26Sick Pay 32(D) .........................................................27Inclined Playing Surfaces 55(G) .....................................43InsuranceLiability, Auditions 6(C)(2)........................................ 872


Unemployment 60.....................................................52Workers’ Compensation 33(A)..................................27JJuvenile <strong>Actors</strong>Dressing Rooms 34(H)..............................................28Out-of-Town Requirements 34(G).............................28Publicity 34(F)..........................................................28Supervision 34(B).....................................................27Tutors 34(D),(E) .......................................................27Working Papers 34(A) ..............................................27Juvenile <strong>Actors</strong> 34 .........................................................27KKnee-Pads/Protective Clothing 16(F)..............................17LLockouts 39(A)..............................................................30MMake-Up 16(E)..............................................................17Military Service of the Actor 36 .....................................28Minimum Term of Employment 64(A) ...........................64More Remunerative EmploymentBuy-Out Option 37(F)...............................................29Long Term 37(C)......................................................29Prohibition Notice 37(D)...........................................29Replacement by Non-professional Understudy 37(G).29Up to Seven Days 37(B)............................................28Up to Three Days 37(A)............................................28Violation 37(E).........................................................29Motion Picture Rights Agreement 38..............................29NNotes 50(O)...................................................................39NudityAuditions 40(B),(C) ..................................................30Interaction with Audience Prohibited 40(J) ................31Reproduction 40(F),(G),(H),(I)..................................30Rider 40(D) ..............................................................30Violation 40(K),(L)...................................................31OOvertime 56(N) .............................................................51PParking 42 .....................................................................31Pension and Health Reports 53(A)..................................40Pension Contribution Rate 43(A)....................................31Per Diem ............................................... See Salaries 56(F)PerformancesExtra 44(B)...............................................................32Holiday 44(C)...........................................................32Lost 44(D)................................................................32Number 44(A) ..........................................................31Payments to Actor 44(E) ...........................................32Rest Periods Between 54(B)......................................41Time 44(A)(2) ..........................................................31Photographs and PublicityJuvenile <strong>Actors</strong> 34(F)................................................28Nude Photography 45(C)...........................................33Personal Expense for Publicity 45(D) ........................33Picture Call Limits 45(A) ..........................................32Press Releases 46......................................................34Scheduling 45(B)......................................................32Written Authorization 45(E)......................................34Principal Actor, Definition 22(A)(1)...............................22Production Prosecuted 47...............................................34Programs .................................... See Billing and ProgramsProperty Lost or Damaged 48.........................................35RRaked Stages ........................See Inclined Playing SurfacesRecordingCameras in <strong>Theatre</strong>, Announcement 12......................14RecordingsAdvance News Rule Taping 63(E).............................61B-Roll Footage – No Payment Required 63(G)(1)......61B-Roll Footage - Payment Required 63(G)(2) ............62Cable 63(C)(3)..........................................................59Cast Albums 63(B) ...................................................57Commercial Session Fee 63(C)(6) .............................59Commercials 63(C)...................................................58Corporate Videos 63(G)(2)(e)....................................62Documentary 63(H) ..................................................63Educational Videos 63(G)(2)(a).................................62Entertainment Talk Shows 63(G)(1)(d)......................62Group Sales Video 63(G)(2)(d) .................................62In-Flight and In-House 63(G)(2)(g) ...........................62Movie Trailers and Video Billboards 63(G)(2)(f) .......62Music Video and Infomercial 63(G)(2)(h)..................62News and Current Affairs Programs 63(G)(1)(c)........62Newscast Footage Use for Commercial Prohibited63(C)(7) ..............................................................59Newscast Taping at a Performance 63(D)(2)..............60Newscast Taping During Rehearsal 63(D)(1).............59Newscast Taping Length 63(D)(3).............................60Notice for Commercial Taping 63(C)(5) ....................59Notice to Broadcast Media and Press Agents 63(F) ....61Other Promotional Uses 63(G) ..................................61Payment for Live Television Promotional Appearances63(J)....................................................................63Press Reels 63(G)(1)(a).............................................61Sales Kiosk, In-Store or Lobby Loops 63(G)(2)(c).....62Session Fees 63(I).....................................................63Stage Manager Required 63(D)(6).............................60Stars 63(C)(4)...........................................................59Talk Shows 63(D)(4) ................................................60Televising, Recording and Filming 63(A) ..................57Television Newscast 63(D)........................................59Tour Bus Videos 63(G)(2)(b) ....................................62Use of Footage After Expiration Date of Contract 63(K)............................................................................64Violation 63(D)(7) ....................................................60Web Sites 63(G)(1)(b)...............................................6173


Recordings, Portion of Role 49(B)..................................36Recordings, Sweetening 49(A) .......................................35RehearsalsAfter First Paid Public Performance 50(G).................38Attendance after Opening 50(J) .................................39Before First Paid Public Performance 50(F)...............37Beginning of 50(A)...................................................36Breaks 50(F)(2),(G)(2)..............................................38Continuous 50(B)......................................................36Days Off 50(E) .........................................................37Holidays 50(D)(3).....................................................37Hours After Official Opening 50(G)(3)......................39Lost 50(L),(M)..........................................................39Notice of Change ......................................................38One Week Prior to First Public Performance 50(F)(3) 38Period 50(D).............................................................37Pianist 50(H) ............................................................39Salary 50(C) .............................................................36Work Rules 50(F)(1).................................................37Reopening of a Play 51 ..................................................40Replacement of ActorActor Replacement Salary 52(C) ...............................40Inability to Perform 52(B).........................................40Minimum Term of Employment 64(B) ......................64Part Cut 52(D) ..........................................................40Understudy Alternate 52(A) ......................................40Vacations 71(D)........................................................69ReportsFailure to File 53(B)..................................................41Weekly 53(A)...........................................................40ReproductionNudity 40(F),(G),(H),(I)............................................30Rest PeriodsBetween Days of Employment 54(A).........................41Between Performances 54(B) ....................................41Risk............................................... See Extraordinary RiskSSafe and SanitaryAuditions 6(C)(1)....................................................... 7Cot 55(B)(6).............................................................42Determination 55(E) .................................................43Dressing Rooms 55(B)..............................................41Fight Choreography 61(H) ........................................53First Aid Kits 55(B)(7)..............................................42Floors 55(C) .............................................................42Inclined Playing Surfaces 55(G) ................................43Minimum Sanitary Facilities 55(A)............................41Occupational Safety Notices 55(F) ............................43Pay Telephone 55(B)(12) ..........................................42Showers 55(B)(<strong>10</strong>)....................................................42Smoke and Fog 55(D) ...............................................43Smoking <strong>Area</strong>s 55(H) ...............................................43Water 55(B)(8) .........................................................42SAG Payments 63..........................................................58SalariesActor Replacement 52(C)..........................................40Actual 56(L) .............................................................51Additional Duties 56(M) ...........................................51Adjusted by Weekly Gross 56(D) ..............................48Box Office Statements 56(I)......................................50Contingent Compensation 56(K) ...............................51Extraordinary Risk Payments 56(P),29(C) .................51Holiday Performances 56(E) .....................................48Housing and Per Diem 56(F).....................................48Large Cast Shows 56(B)............................................44Long Term Employment 56(I)...................................50Minimum Weekly 56(A) ...........................................44Overtime 56(N) ........................................................51Pay Day 56(O)..........................................................51Payment by Check 56(J)............................................51Rehearsal 50(C)........................................................36Rehearsal 56(C)........................................................48Sick Pay 32(D) .........................................................27Transportation and Baggage 56(G) ............................49Weekly or Contractual Definition 22(C) ....................22SecurityInsufficient 21(D) .....................................................21Required 21(A)..........................................See SecuritySecurity and Security AgreementsPosting of 58(B)........................................................52Provisions 58(A).......................................................51Return of Bond 58(C)................................................52Set and Prop Moves 59...................................................52Sex Acts Prohibited 40(E)..............................................30Sick Leave................................ See Illness and Sick LeaveSouvenir Program 7(E)...................................................12Stage FightingCall Prior to Half-Hour 61(A),(D) .............................53Changes After Opening 61(D)...................................53Fight Captain 61(F)...................................................53Rider 61(E)...............................................................53Understudy Rehearsals 61(C) ....................................53Stage ManagersAdditional Services for Other Productions 62(I).........56Assignment of Duties 62(K)......................................56Assistant Stage Manager 62(D) .................................55Assistant Stage Manager Salary in Stage ManagerAbsence 62(N).....................................................57Booth 62(H) .............................................................56Definition 22(A)(3)...................................................22Duties and Obligations 62(B) ....................................53Duties Prior to Pre-Production 62(E) .........................55Equity Contracts 62(A) .............................................53Overtime 62(M)........................................................56Pre-Production 62(C) ................................................55Production Script 62(J)..............................................56Rest Period Between Days of Employment 62(F).......55Tech Week Bump Up 62(L)(2)..................................56Violation of Break or Rest Period 62(G) ....................56Weekly Hours 62(L) .................................................56Strikes 39(A),(B) ...........................................................30Supplemental Workers’ Compensation 33(B)..................27Sweetening 49(A) ..........................................................35Swing Definition 22(A)(4) .............................................22TTech Week Bump UpStage Managers 62(L)(2)...........................................56Telephone Backstage 55(B)(12) .....................................42Term of EmploymentMinimum 64(A)........................................................6474


Replacement of an Actor 64(B),(C) ...........................64TerminationBefore or During Rehearsal 65(C) .............................65Company Closing Notice 65(G).................................66Effect of Company Notice 65(F)................................66Individual Termination After Opening 65(D).............65Just Cause 65(E) .......................................................65Notice in Writing 65(A) ............................................64Notice to Actor and to Producer 65(B).......................64Payment When Actor is Not Allowed to Work OutNotice 65(H)........................................................66Rights After Giving Notice When Actor Secures NewEngagement 65(I) ................................................66Transportation ...................................... See Salaries 56(G)UUnderstudiesActor Not Required to Alternate 52(A) ......................40Costumes for 16(K)...................................................18Date of Hire 67(A)(1)................................................67Definition 22(A)(5)...................................................22Limitation of Understudy Roles 67(H).......................67Number of Companies 67(G).....................................67Parts Payments 67(A)(2) ...........................................67Parts Understudied in a <strong>HAT</strong> Production 67(A)..........66Present During Performance 67(C) ............................67Program Announcement 67(F)...................................67Requirement to Perform 67(E)...................................67Unemployment Insurance 60..........................................52Union SecurityDues and Initiation Fees 70(C) ..................................68Members in Good Standing 70(A) .............................68Non-Payment of Dues 70(B) .....................................68VVacationsAccrual 71................................................................69Beginning of Employment 71(B)...............................69Eligibility 71(C)........................................................69Notice of 71(A).........................................................69Replacement 71(D)...................................................69Voluntary Classes 72 .....................................................69WWaiver by Actor Not Permissible 18(B)(1) .....................18Workers’ Compensation 33(A).......................................2775


Heading and Rule NumberPage No.QUICK REFERENCEMoney Items:Actual Salary ................................................................................................................51Additional Duties ..........................................................................................................51Audition (More Than 4) ...................................................................................................6Audition (After 3 Hours) ..................................................................................................6Audition (Called Or Work) ...............................................................................................7Billing .....................................................................................................................11, 12Changes In Cast ..........................................................................................................15Chorus Increments .......................................................................................................15Costume Rental ...........................................................................................................16Conversion Rights ........................................................................................................19Cast Album ..................................................................................................................57Commercials ................................................................................................................58Dance Captain .............................................................................................................21Documentary ...............................................................................................................63Extraordinary Risk ........................................................................................................25First Play Reading ........................................................................................................36Health ..........................................................................................................................25Housing .......................................................................................................................48Long Term Employment ...............................................................................................50Live Television Promo ..................................................................................................63Mileage Reimbursement ..............................................................................................48Motion Picture Rights ...................................................................................................29Music Video/Infomercial ...............................................................................................62Overtime ................................................................................................................37, 51Parking ........................................................................................................................31Pension ........................................................................................................................31Per Diem ......................................................................................................................49Performances (Extra/Holidays/Lost) .............................................................................32Photo Calls ..................................................................................................................33Property (Loss Or Damage Reimbursement) ................................................................35Rehearsal Discontinued/Play Abandoned .....................................................................39Replacement of Actor ....................................................................................... 40, 64, 69Rehearsals (After 1 st Paid Public Performance) ............................................................38Rehearsals (One Week Prior To 1 st Paid Public Performance) ......................................38Rest Period ..................................................................................................................41Salaries ..................................................................................................................44, 48Set/Prop Moves ...........................................................................................................52SM/ASM Additional Duties ...........................................................................................56SM/ASM Overtime .................................................................................................56, 57SM/ASM Tech Week Bump-Up ....................................................................................56SM/ASM Work Prior To 1 st Rehearsal ...........................................................................55SM/ASM Work After Production Closes ........................................................................55SM Pre-Production .......................................................................................................55SM Production Script ...................................................................................................56Sick Leave Accrual .......................................................................................................26SWC (Supplemental Workers’ Compensation) .............................................................27Swing ...........................................................................................................................15Transportation ..............................................................................................................49Understudy Payments ..................................................................................................66Vacation .......................................................................................................................69Web Sites ....................................................................................................................6176


Heading and Rule NumberPage No.Possible Riders:<strong>Actors</strong>’ Photo W/Commercial Product ...........................................................................34Billing ...........................................................................................................................11Cast Album ..................................................................................................................57Contract .......................................................................................................................18Costume Rental ...........................................................................................................16Entertainment Talk Shows ............................................................................................62Extraordinary Risk ........................................................................................................25Hair Color/Style ............................................................................................................18Individual Termination After Opening ............................................................................65Juveniles (Supervision/Education) ................................................................................27Nudity ..........................................................................................................................30Rehearsal (6 Hour Block) .............................................................................................37Stage Fighting ..............................................................................................................53Television Newscast (Talk Shows) ...............................................................................60Understudy Assignments .............................................................................................67Vacation Notice ............................................................................................................6977

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