Casino Rulebook 12-15 - Actors

AGREEMENT GOVERNING EMPLOYMENT IN CASINOS1. ACTOR'S OBLIGATION ............................................................................................. 12. AGENTS ..................................................................................................................... 23. ANNOUNCEMENTS ................................................................................................... 24. AUDITIONS ................................................................................................................. 45. BILLING ...................................................................................................................... 86. BINDING EFFECT OF AGREEMENT ....................................................................... 117. BLACKLISTING ........................................................................................................ 128. BREACHES BY PRODUCER ................................................................................... 129. CALLBOARD ............................................................................................................ 1310. CATEGORIES AND TIERS ...................................................................................... 1311. CHORUS: PROVISIONS FOR ADDITIONAL COMPENSATION ............................ 1412. CLAIMS ..................................................................................................................... 1513. CLOTHES and MAKE-UP ........................................................................................ 1614. CONSECUTIVE ENGAGEMENTS ............................................................................ 1915. CONTINUOUS EMPLOYMENT ................................................................................ 2016. CONTRACT .............................................................................................................. 2017. CONVERSION RIGHTS ............................................................................................ 2118. COSTUME CALLS .................................................................................................... 2319. DANCE CAPTAIN [See also Rules 5(B)(1) and 5(C)(1) BILLING] ......................... 2320. DAY OFF, DAYLIGHT DAY OF REST, AND REST PERIOD .................................. 2421. DEFAULTING EMPLOYER ...................................................................................... 2522. DEFINITIONS ............................................................................................................ 2623. DEPUTIES and MEMBERS ...................................................................................... 2724. DUTIES OF THE ACTOR ......................................................................................... 2825. EQUAL EMPLOYMENT OPPORTUNITY, NON-TRADITIONAL CASTING, ANDNONDISCRIMINATION [See Rule 4(E) AUDITIONS and Rule 41,NONDISCRIMINATION] ........................................................................................... 2826. EQUITY: SPECIAL PROVISIONS ............................................................................ 2827. EXCLUSIVE SERVICE OF THE ACTOR .................................................................. 2928. GRIEVANCE AND ARBITRATION ........................................................................... 2929. HIRING “AS CAST”: OBLIGATIONS TO ACTOR ................................................... 3130. HEALTH FUND ......................................................................................................... 3131. HOLIDAY PAY .......................................................................................................... 3232. HOUSING .................................................................................................................. 3233. ILLNESS AND SICK LEAVE .................................................................................... 3434. INJURY: WORKERS’ COMPENSATION INSURANCE ........................................... 3735. JUVENILE ACTORS ................................................................................................. 3736. LAWS GOVERNING ................................................................................................. 3837. LAY-OFF WEEKS ..................................................................................................... 3838. MEDIA: RECORDING AND BROADCAST .............................................................. 3939. MILITARY SERVICE OF THE ACTOR ..................................................................... 4240. NO LOCKOUTS OR STRIKES ................................................................................. 4241. NONDISCRIMINATION ............................................................................................. 4242. NON-RESIDENT ALIENS ......................................................................................... 4343. NOTICES .................................................................................................................. 43

44. NUDITY ..................................................................................................................... 4345. NUMBER IN CAST ................................................................................................... 4546. PENSION FUND AND 401(k) PLAN ......................................................................... 4547. PERFORMANCES .................................................................................................... 4548. PERFORMANCES LOST ......................................................................................... 4649. PHOTOGRAPHS ...................................................................................................... 4750. PRODUCTION PROSECUTED ................................................................................. 4851. PROPERTY: REIMBURSEMENT TO ACTOR ......................................................... 4952. PUBLICITY ............................................................................................................... 5053. RECORDINGS FOR USE IN THE PRODUCTION .................................................... 5154. REHEARSALS .......................................................................................................... 5255. REOPENING OF A PRODUCTION .......................................................................... 5656. REPLACEMENT OF ACTOR.................................................................................... 5757. REPORTS ................................................................................................................. 5858. SAFE AND SANITARY CONDITIONS OF EMPLOYMENT ..................................... 5859. SALARIES ................................................................................................................ 6360. SECRET VOTE. ........................................................................................................ 6661. SECURITY AGREEMENTS and BOND ................................................................... 6662. SOCIAL SECURITY/UNEMPLOYMENT INSURANCE ............................................ 6663. STAGE FIGHTING/STUNTS ..................................................................................... 6764. STAGE MANAGERS/ASSISTANT STAGE MANAGERS ........................................ 6865. TELEVISING, RECORDING and MOTION PICTURE FILMING [See Rule 38,MEDIA: RECORDING AND BROADCAST] ............................................................. 7366. TERM OF EMPLOYMENT ........................................................................................ 7367. TERMINATION AND CLOSING NOTICES [See also Rule 43, NOTICES] ............ 7368. TOURS [See Rule 14, CONSECUTIVE ENGAGEMENTS] ..................................... 7569. TRANSPORTATION AND BAGGAGE ..................................................................... 7670. UNDERSTUDIES ...................................................................................................... 7871. UNION EMBLEM ...................................................................................................... 7972. UNION SECURITY AND DUES/INITIATION FEES .................................................. 7973. VACATIONS ............................................................................................................. 8074. VOLUNTARY CLASSES .......................................................................................... 8075. DURATION ............................................................................................................... 80ii

AGREEMENT GOVERNING EMPLOYMENT IN CASINOSRECOGNITIONThe Producer recognizes Actors' Equity Association (hereafter "AEA" or "Equity") as theexclusive representative of the Actors (Principals, Chorus, Stage Managers, AssistantStage Managers, Dance and Fight/Stunt Captains, Swings, and Understudies) employedby the Producer, for the purpose of collective bargaining and the administration of matterswithin the scope of this Agreement.USE OF CASINO AGREEMENTThis Agreement is applicable only to productions presented in Casino Theatres. A CasinoTheatre is any theatre or other performance venue within a casino/hotel property.Actors' Equity Association reserves the right to determine when the use of this contract willbe permitted.1. ACTOR'S OBLIGATION(A) Nothing contained in any employment contract signed by any Actor shall beconstrued so as to interfere with the carrying out of any obligation which an Actor owesto Equity by virtue of the Actor's membership, and the Producer shall not only notrequest or require any Actor to do any act or thing forbidden by the Constitution and By-Laws of Equity or by the Rules or orders of Equity, or orders of its authorizedexecutives, but will require the Actor to do and/or assent to the Actor doing any and allacts required by the foregoing.(B) The Producer further agrees the Producer has notice that:(1) The Associated Actors and Artistes of America is a voluntary Associationhereinafter referred to as the 4 A's and is subject to the Constitution, By-Laws,Rules, regulations and orders of the American Federation of Labor-Congress ofIndustrial Organizations (AFL-CIO), from which it derives its charter.(2) Equity, deriving its charter from the 4 A's, is in turn subject to the Constitution,By-Laws, orders, Rules and regulations of the 4 A's and the American Federationof Labor-Congress of Industrial Organizations.1

(3) The Actor is directly subject to the Constitution, By-Laws, Rules, regulationsand orders of the 4 A's, and the Producer agrees not to require the Actor to doany act or thing forbidden by the Constitution or By-Laws of the 4 A's or by itsRules, orders or regulations.(4) Contracts of employment shall be subject to all such Rules and regulations.(C) Nothing contained in this Rule shall, however, require the Producer to take anyaction which is not legally permissible, or permit Equity to change, modify, amend,supersede or impose any conditions or obligations upon the Producer which are notspecifically set forth in the Agreement Governing Employment In Casino or in any of theindividual agreements made with Actors, consistent herewith.2. AGENTS(A) Equity Franchise The Producer has notice that if negotiation for, or the obtaining ofthis contract by the Actor is through any employment agent or personal representativenot holding an Equity franchise or one whose Franchise is not in good standing, theActor is liable to suspension or other disciplinary action by Equity.(B) Should the Producer contact the Actor directly and agree with the Actor as to thesalary and part, the Producer shall not directly or indirectly require an Agent to interveneto complete the engagement or require the Actor to sign the contract at or through anAgent's office. Any such Agent so engaged does not represent the Actor, and shouldsuch Agent make a claim for commission, the Actor will notify the Producer accordingly,and the Producer shall indemnify the Actor and hold the Actor harmless from any suchclaim. When a Contract is negotiated by an Agent and said Agent is the Agent ofRecord on the face of the contract, the Producer shall pay any commission payable,which would invade the minimum salary.(C) Chorus Actors performing under a Chorus contract or performing chorus work shallnot be required to pay commission to any Agent except as in accordance with theEquity Agency Regulations.3. ANNOUNCEMENTS(A) A live announcement, program note, and/or sign at the auditorium entrance(s) shallnotify the audience prior to the beginning of each performance that pagers, telephonesand other electronic devices belonging to audience members should be turned off. Inaddition, the audience shall be notified that the taking of pictures or the making ofrecordings of any kind during the performance is prohibited.(B) If the aisles are used by the Actors for entrances and/or exits, the Producer shall alsoannounce that the aisles must be kept clear during the performance.(C) Unless a No Smoking sign is prominently posted, the Producer agrees that beforeeach performance an announcement will be made informing the audience that smokingis prohibited.2

4. AUDITIONS(A) The Producer agrees to hold auditions for Principal and Chorus performers andinterviews for Stage Managers. The following conditions shall apply:(1) Among the auditions (or interviews) held for performers, there shall beauditions (or interviews) for Equity performers.(2) The Producer is under no obligation to hire any person pursuant to anyaudition or interview procedures including the procedures for Equity performersset forth below.(3) Agent Calls. Agent-submitted auditions shall not be permitted prior to thecompletion of all other auditions.(B) General Provisions(1) Casting Authority An individual with casting authority (i.e., one who caneffectively recommend performers for employment such as the Director, MusicalDirector and Choreographer) must be present at all times duringauditions/interviews.(2) Audition Spaces All audition spaces should meet the same standards asrequired for the work place as specified under applicable legal codes and buildingregulations. [See Rule 58, SAFE AND SANITARY CONDITIONS OFEMPLOYMENT] To the best of his ability, the Producer shall insure that auditionspaces meet these requirements for all performers, which may include ramps orlifts for the physically impaired. This clause shall not require the Producer tomake immediate changes to the Producer’s work area but shall serve as areminder of the needs of certain members of the community.(3) Posting Concessions Producers to whom a concession to this Agreement hasbeen granted in writing by Equity prior to the conducting of auditions shallconspicuously post a copy of said concession at all auditions. Said concessionshall be null and void if the Producer does not comply with this provision.(C) Equity Audition or Interview Requirements The Producer agrees to see EquityActors and/or Stage Managers in the city where the theatre is located. In addition, theProducer agrees to hold auditions for Actors and interviews for Stage Managers in thenearest Equity Liaison City (as defined by Equity) and in the appropriate Equity OfficeCity.(1) Equity Principal Performer Auditions(a) The Producer shall hold a minimum of two days of open auditions forEquity Principal performers prior to each production, at least one day in thenearest Equity Liaison City and at least one-day in the appropriate EquityOffice city.(b) Principal performers shall be called to auditions at specific times and shallnot be called in groups unless necessary for physical screening or voiceblending.4

(9) Number of Auditions Auditions/Interviews shall be limited to three in numberfor an Equity performer. Thereafter, the Producer shall pay the performer a fee of$25.00, plus transportation, for each of the fourth, fifth, and sixthAuditions/Interviews, and 1/6 th of the appropriate Casino tier’s minimum salaryplus transportation for each additional Audition/Interview over six.(E) Equal Employment Opportunity/Non-Traditional Casting It is the intent of theProducer and Equity that casting for all roles shall be made without regard to race,color, national origin, creed, disability, gender, sexual orientation, age, politicalpersuasion or belief. It is the desire of the parties that employment opportunities formulti-racial/multi-cultural actors (which include actors of color, actors with disabilities,seniors and women actors) be improved and that the stage reflects a multi-culturalsociety. In furtherance of this policy, and with due regard for the requirements of andsuitability for the job, the Producer shall seek to engage actors of color, actors withdisabilities, senior and women actors.The Producer agrees that casting of all productions will be conducted in a manner thatprovides full and fair consideration to all actors (including actors of color, female actors,senior actors and actors with disabilities), and will actively solicit their participation in theproductions of his season by a declaration in all published casting notices and inannouncements to agents, casting directors and breakdowns of roles available for nontraditionalcasting.(1) Non-Traditional Casting The parties hereto affirm their commitment to aninclusive casting policy known as “Non-Traditional Casting” and the Producer willattempt to achieve Non-Traditional Casting. “Non-Traditional Casting” is definedas the casting of actors of color (including, but not limited to: African-American,Hispanic-American, Asian-American and Native American), actors withdisabilities, seniors and women in roles where race, gender, age or the presenceor absence of a disability is not germane. The Producer shall actively solicit suchperformers for non-traditional casting opportunities.(2) Record Keeping The Producer will maintain for each production records ofethnic minorities, females, seniors and Actors with disabilities auditioned,interviewed and/or hired and will forward such records to Equity on an annualbasis, within 30 days of the end of each year covered by this Agreement.(3) Performers With Disabilities(a) When a role to be cast depicts a character with a specific physicaldisability, the Producer agrees to include this information in the castingspecifications and, at the same time, to notify Equity of such specifications sothat actors with similar disabilities may be informed and given an opportunityto audition for the role.(b) When a deaf actor is sought, the Producer shall provide during theaudition a qualified interpreter(s) for the deaf (i.e., an interpreter qualified orcertified in sign language or oral interpretation).(c) All audition material provided by the Producer shall be available uponrequest to blind and visually impaired actors, at a place to be designated bythe Producer, at least 48 hours in advance of the audition.7

5. BILLING(d) When auditions are held in premises that are not architecturallyaccessible, the Producer, upon 48 hour’s notice by either Equity or an actorwith a mobility impairment who wishes to audition, shall arrange for anaccessible facility for the actor’s audition.(A) House Boards(1) The names of all Actors employed in the production shall be listed on a houseboard in letters no less than one and one-half inches in height. The house boardshall be prominently displayed in front of the theatre at the place where tickets ofadmission are collected. Such house board shall be entitled “The Company” andshall include all Actors, Stage Managers, Understudies and Swings.(2) The Producer shall make every effort to display on the house board anindividual photograph of each Actor employed in the production above eachActor's Equity name and that Actor’s role(s) and/or function(s).Each Actor (including Principals, Chorus, Stage Managers, Understudies andSwings) shall submit a single headshot for the entire period of employment forinclusion on the house board.(3) In the event that there are errors in the Actor’s billing on the house board, theProducer agrees to correct such errors within 24 hours of receipt of written noticeof said errors.(4) Whenever an Understudy goes on for a Principal or Star, such change in thecast must be noted on the house board or announced from the stage prior to therise of the curtain at every performance that features the Understudy.(5) The Producer agrees to include the Actors’ Equity Association emblem (logo)at least three inches in diameter on the house board with the following captionbeneath it: “The Actors and Stage Managers employed in this production aremembers of Actors’ Equity Association, the Union of Professional Actors andStage Managers in the United States.”(6) Should the Producer fail to comply with this clause (A) within 24 hours ofreceipt of written notice by the Actor(s) or Equity, the Producer shall pay theActor(s) involved, a sum equal to 1/8 th of the Actor’s contractual salary for eachperformance that the violation continues to exist.(B) Free Cast List including Picture and Biography Required(1) The Producer agrees to make available a free printed cast list to all patrons atevery performance. Such listing shall contain the names of all Actors in theproduction together with their role(s) and/or function(s), as well as their pictureand bio. [See also Rule 19(F), DANCE CAPTAIN.](a) The parties agree to use best efforts to limit all biographies in the freeProgram or Playbill to biographical data and professional credits.8

(b) The Actor shall have the right of approval of biographical material, whichapproval shall be in writing and which shall not be unreasonably withheld.Biographical material not disapproved within 48 hours of its submission to theActor, shall be considered approved.(c) Biographical material once approved must not be edited except wherespatial limitations in the Program or Playbill require editing and then only uponmutual consent, which consent will not be unreasonably withheld.In the event that there are errors in the Actor’s billing, the Producer agrees tocorrect such errors within seven days of receipt of written notice of said errors.(2) The following language shall be displayed on the cast list page: “Any changesin cast for today’s performance shall be listed on the house board at the entranceto the theatre or announced from the stage prior to the rise of the curtain.”(3) Whenever there are permanent changes in the cast, such change shall bereflected within seven days of the first performance such change takes effect.(4) A printed announcement prohibiting flash photography shall be included onthe free cast list page or announced from the stage prior to the rise of the curtainat every performance.(5) The Producer agrees to include the Actors’ Equity Association emblem (logo)at least one-half inch in diameter on the free cast list with the following captionbeneath it: “The Actors and Stage Managers employed in this production aremembers of Actors’ Equity Association, the Union of Professional Actors andStage Managers in the United States.”(6) The Producer agrees to include biographical material about Equity in said FreeProgram, as supplied by the union.(C) Souvenir Programs(1) Whenever a Souvenir Program is available for purchase by the audience, allActors (including Principals, Chorus, Stage Managers, Dance and Fight/StuntCaptains, Understudies and Swings) must have a biography and an individualphotograph in the Souvenir Program.(a) The Actor shall have the right of approval of biographical material, whichapproval shall be in writing and which shall not be unreasonably withheld.Failure to seek approval of Actor’s biography shall require payment of 1/8 th ofthe Actor’s contractual salary. Biographical material not disapproved within48 hours of its submission to the Actor shall be considered approved.(b) Biographical material once approved must not be edited except wherespatial limitations in the program require editing and then only upon mutualconsent, which consent will not be unreasonably withheld.(c) Each Actor shall submit a single headshot for the entire period ofemployment for inclusion in the Souvenir Program. Any photo insertion forreplacement Actors must conform to Producer’s printing schedule.(d) In the event that there are errors or omissions in the biography or billing inthe Souvenir Program, the Producer agrees, upon receipt of notice of such anomission or error, to correct biographical material and/or billing in the next9

proof printing of the Souvenir Program, provided such notice is given at leasttwo weeks prior to the press deadline.(2) The following language shall be displayed on the cast page: “Any changes incast for today’s performance shall be listed on the house board at the entrance tothe theatre or announced from the stage prior to the rise of the curtain.”(3) Whenever there are permanent changes in the cast, such change shall bereflected in the Souvenir Program at the next proof printing after the firstperformance such change takes effect.(4) For each failure to correct the Souvenir Program biography and/or billing at thenext proof printing pursuant to Paragraphs (1)(d) and (3) above, the Producershall pay the Actor(s) involved, a sum equal to 1/8 th of the Actor’s contractualsalary for each week or part thereof during which the omission or error continues.(5) A printed announcement prohibiting flash photography shall be included onthe cast or synopsis page or announced from the stage prior to the rise of thecurtain at every performance.(6) The Producer agrees to include the Actors’ Equity Association emblem (logo)(at least one-half inch in diameter) in the Souvenir Program with the followingcaption beneath it: “The Actors and Stage Managers employed in this productionare members of Actors’ Equity Association, the Union of Professional Actors andStage Managers in the United States.”(7) The Producer agrees to include biographical material about Equity in saidSouvenir Program, as supplied by the union.(8) Photographs The Actor(s) shall be properly identified in each photograph ofthree or fewer Actors in which the Actor’s likeness appears in the SouvenirProgram. In addition, the Producer will make best efforts to identify all Actorspictured in the Souvenir Program.(9) When the Souvenir Program contains photographs of any other Companies,the Producer shall identify which production is pictured (e.g., Broadway, Tour,London and the like). It is understood that such identification may be listed in anindex at the back of the Souvenir Program. In addition, this rule shall not apply forgeneric images where individual Actors are not identifiable.(D) Photographs; Removal of(1) When a Principal Actor leaves a cast, the Actor’s name and/or likeness (inphotographs portraying three Actors or fewer) must be removed from all houseboards and frames where the show is playing as well as from all frames at othertheatres.(2) In all other advertising and display media under the Producer’s control, theProducer shall exercise reasonable diligence in removing the name and/or thelikeness of the Principal Actor no longer in the cast.(3) The Producer shall provide proper identification of each Actor in front-of-housephotographs that contain the likenesses of three or fewer Actors.10

(E) All provisions pertaining to the billing of the Actor not set forth herein shall bespecifically set forth as a rider to the Actor’s employment contract. If billing is contingenton the billing of any other Actor, such contingency shall be clearly and succinctly setforth in the contract.(1) Whenever a breach of a billing clause contained in an Actor’s individualcontract is claimed, Equity or the Actor shall notify the Producer in writing of thebreach.(a) If the breach is not corrected within seven business days (excludingSaturday and Sunday) of receipt of notification, except as provided below, theProducer shall pay to the Actor a sum equal to 1/8 th of the Actor’s salary forthe first week the breach continues beyond the seventh day. For each weekthe breach continues thereafter, or if additional breaches occur and theProducer has been properly notified, the Actor shall be paid cumulatively anadditional 1/8 th per week, or per breach, for as long as the breaches continue(i.e., two-eighths for the second week or second breach, three-eighths for thethird week or third breach, etc.).(b) If the breach involves billboards, the time interval for correction shall beextended to the next billing cycle when changes or corrections canreasonably be made. Exempted from this provision shall be posters onunpaid locations, commonly known as “sniping.”(c) If the breach involves billing in a magazine or similar publication, the timeinterval shall be seven or more days prior to the press deadline. If the breachinvolves billing in a newspaper, the time interval shall be 48 or more hoursprior to the press deadline and the payment to the Actor shall be per dayrather than per week as stipulated in (a) above.(2) In the event of a dispute respecting a breach of the above provisions, thematter shall be resolved by expeditious arbitration procedures as provided in Rule28(E),GRIEVANCE AND ARBITRATION6. BINDING EFFECT OF AGREEMENTAgreements between Producers and so-called "packagers," casting consultants,agents or Producer's representatives shall in no way limit or reduce the Producers'liability or responsibility to fulfill all terms and conditions of Equity contracts to whichthe Producers are signatory.All contracts of employment signed pursuant to this Agreement are binding not onlyupon the signers on the face thereof, but upon any and all corporations, copartnerships,enterprises and/or groups which said signers or each of them directs,controls or has an interest in, and are hereby agreed to be adopted as their contract byeach of them.11

7. BLACKLISTINGThe Producer and Equity both pledge themselves to prevent blacklisting in the theatre.Opposition to blacklisting is not a controversial issue between the Producer andEquity. Blacklisting for the purposes of this Rule shall mean the submission by theProducer, directly or indirectly, to individual or group pressure, and/or the use ofprivate lists, published or unpublished, of persons not to be employed in theatricalproductions for reasons having no direct relation to their theatrical ability.8. BREACHES BY PRODUCER(A) In addition to any other remedies available herein, each Actor affected herein shallreceive up to two weeks' contractual salary or payment for 16 performances pro-rata,whichever is greater, as liquidated damages, no present basis of calculation existing,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 aStandard Form; or(5) Be in default as to any employment contract with any Actor, or breach anysuch employment 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 EquityRule; or(B) 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, thenin either of said events, the Actor may, Equity consenting, forthwith terminate the Actor'semployment, and is released from the Actor's obligation to render services to theProducer. In addition thereto, the Producer shall pay the Actor forthwith, in full, for allservices rendered by the Actor, plus any other sums to which the Actor may be entitledby contract or by Equity Rules, and for any damages that may arise under contractuallaw and also, as liquidated damages, no present basis of calculation existing, up to twoweeks’ contractual salary. Against said sums, no offset shall be allowed the Producerfor earnings of the Actor in a new or subsequent engagement. These provisions shallapply to each season contracted for.12

(C) Disputes as to the applicability of the foregoing paragraphs shall be subject togrievance procedures and arbitration under Rule 28 and neither Equity nor the Actormay finally determine any questions of violation or breach on the part of the Producer,except as to violations of Paragraphs (A)(4) and (A)(8) above. In the event of theProducer’s breach of Paragraphs (A)(4) and (A)(8) above, Equity may intervene, withoutpenalty to itself and require the Actor to perform or rehearse or not perform or rehearseunder such terms and conditions as Equity may consider just and equitable.9. CALLBOARD(A) An official callboard shall be maintained backstage at each Casino Theatre on whichup-to-date information important to the Actor shall be posted.(B) This shall include:(1) Worker's Compensation carrier and carrier number;(2) Names, addresses and telephone numbers of doctors & hospitals in the area;(3) Member of the Producer's staff who the Actor can contact in case of anemergency;(4) Information regarding fire exits and firefighting equipment and properprocedures;(5) Notice of scheduled Day Off and Day of Rest [See Rule 54, REHEARSALS];(6) Notice of rehearsal calls and other calls given by the Stage Manager;(7) Any concessions regarding Safe and Sanitary conditions. [See Rule 58.](8) Producer's procedures for safeguarding the Actors' valuables.(9) Any notices, correspondence or letter(s) sent by Equity to the Company andlabeled for posting.(10) The company Closing Notice, when applicable, and other communicationsfrom the Producer to the Company as a whole. [See Rule 67, TERMINATIONAND CLOSING NOTICES.]10. CATEGORIES AND TIERS(A) For the purposes of this Agreement, there shall be two categories: Tab and Full-Length as follows:Categories:TabFull-Length90 minutes or less, no intermission More than 90 minutes, with or withoutintermissionMaximum 10 perfs per weekAdditional Performances require additionalcompensation (See Rule 59, SALARIES)Maximum 8 perfs per weekAdditional Performances require additionalcompensation (See Rule 59, SALARIES.)13

(B) All Casino Theatres, regardless of Category, shall be classified according to seatingcapacity as follows:Tiers:Tier # of SeatsTier 1 up to 300Tier 2 301-600Tier 3 601-900Tier 4 901 -1200Tier 5 1201-1500Tier 6 1501-1800Tier 7 1801 and aboveIn shows with 20 or fewer Equity Contracts in Tier 4 and above, the minimum salariesfor those Actors will bump up one Tier.11. CHORUS: PROVISIONS FOR ADDITIONAL COMPENSATION(A) Chorus Playing a Part [See Rule 22 DEFINITIONS (G) Part and (H) Role.](1) If a Chorus Actor is required to play a part (except as Understudy) which wasplayed by a Principal Actor in the original production (Broadway, Off-Broadway,Tour, etc.), the Chorus Actor shall receive no less than $25 per week in additionto the Chorus Actor’s weekly contractual salary.(2) 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 receiveno less than $15 per week in addition to the Chorus Actor’s weekly contractualsalary for each such assignment or part.(3) Payment for Additional Assignments Such additional assignments, includingunderstudy assignments, shall be reduced to writing no later than one week aftersuch assignment.(B) Chorus as Understudy(1) Understudy for Principal Role If a Chorus Actor understudies a Principal Role,the Chorus Actor shall be paid not less than $40 per week for each such role inaddition to the Chorus Actor’s weekly contractual salary. Chorus Actors shall notbe assigned to understudy more than three Principal Roles. [This rule alsoapplies to alternate Understudies. See Rule 70(D), UNDERSTUDIES forperformance payment.]Where there are non-enumerated Understudies for a particular role or part and aPrincipal Actor has given advance notice of a leave for vacation or any otherpurpose, the Producer shall provide, absent extraordinary circumstances, twoweeks’ notice to said Understudies and post which Understudy will be performingfor the Actor on leave.14

Understudy roles assigned to Chorus must be so assigned with new contracts,riders and salary adjustments made not later than two weeks after the first publicperformance of the production.(2) Understudy for Chorus Playing Parts If a Chorus Actor (including Swings)understudies another Chorus Actor who is paid for playing a part, speaking lines,singing a song, performing a dance or specialty that is individual in its character[see (A)(2) above], that Chorus Actor shall be paid not less than $12.50 per weekfor each such Understudy assignment or part in addition to weekly contractualsalary. (This Rule also applies to second, third, etc., Understudies.) Suchassignment must be attached to the contract by rider from the date of assignment.(3) Emergency Understudy for Chorus If, in an emergency, a Chorus Actor goeson in a part not designated on the contract, as an Understudy to another ChorusActor playing a part, the Chorus Actor thereafter shall be contracted andcompensated for such understudy duty at no less than $12.50 in addition toweekly contractual salary, subject to two week termination of such understudyduty only, without regard to the requirements of Rule 70(D), UNDERSTUDIES(C) Swing(1) A Full Swing (i.e., a non-performing Chorus Actor who swings all or fewer thanall Chorus Actors performing in Chorus numbers in the production) of eachgender must be employed not later than first day of rehearsal. In all instances,the Swing shall be signed to a Swing singer and/or dancer Chorus contract at thetime of assignment or employment.(2) The need for and employment of additional Full Swings shall be subject toEquity's sole determination.(3) A Swing may be required to attend understudy rehearsals provided that theSwing rehearses only those functions for which the Swing is contracted.(4) No Swing shall be permitted to perform for more than three consecutive weeksfor any one Chorus Actor, except in the case of sickness or injury, in which eventthe period shall be four consecutive weeks.(5) A Full Swing shall be paid not less than 5% of minimum salary or $40.00whichever is greater per week above minimum salary in addition to all otherincrements required by this Agreement.(6) Partial Swing If a Chorus Actor is designated to Swing a Chorus number in aproduction and is not hired solely as a Full Swing performer (see above), thatChorus Actor shall receive not less than $12.50 per week in addition to theChorus Actors’ own weekly contractual salary for each such number so assigned.12. CLAIMS(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, oradjustment by the Actor is of any validity whatsoever unless Equity consents in writing.The Producer, by agreeing to this rule, agrees that the Producer will not seek or solicitany such waiver, release, or settlement, nor offer the same in any arbitration or anyproceeding in court unless Equity specifically consents thereto in writing.15

(B) Time Limit for Lodging Claims Should the Actor deem that the Actor has any claimagainst the Producer under terms of an employment agreement, the Actor shall presentsuch claim to Equity or to the Producer within four weeks after the time which suchclaim shall have arisen unless the Actor shall give to Equity and/or the Arbitrator a goodand sufficient reason for any delay after such period of four weeks.(C) In no case shall claims of Actors under employment contracts be handled orenforced by agents or attorneys of Actors unless such representation is consented to byEquity in writing.13. CLOTHES and MAKE-UP(A) Costumes, Producer Must Provide The Producer shall furnish all Actors engagedhereunder with all costumes and clothes (period or modern), including but not limited to:wigs, hats, beards, hairpieces, tights, hose, stockings and properly fitted footwear.(B) Costumes; Rental of The Actor shall not rent or lend any wardrobe item to aProducer for use in any production unless the terms of the rental or loan are stated inthe contract of employment by rider and approved by Equity. If the Actor wishes towear the Actor’s own clothes (including shoes) instead of those supplied by theProducer, the Actor may do so only with the consent of the Producer and under termsexpressed in the employment contract. Any approval required by this paragraph shallnot be unreasonably withheld or delayed. Any rental approved by Equity shall be paidby the Producer to the Actor weekly with salary.Costume Rental ScheduleThe following may be used as a guide in those instances where the Actor agrees tofurnish the Actor’s own clothing for any production. [It is understood that suchpayment is made as a weekly rental fee and a rider to the Actor's contract shall be filedwith Equity in accordance with Paragraph (B) above.]Blouse..........................................………............ $2.00Boots.....................................................………. $10.00Coat.........................................................……… $5.00Dance Shoes (Professional Jazz Shoes, Character Shoes,Tap Shoes, Pointe Shoes, Dance Boots, etc.)……. $10.00Dress.......................................................……… $5.00Ensemble (Shirt, Suit, Shoes, Hat, etc.)……… $30.00Hat...........................................................……… $2.00Jeans.......................................................……… $2.00Shirt.........................................................……… $2.50Skirt.........................................................……… $5.00Shoes....................................................……….. $8.00Shorts......................................................……… $2.00Slacks......................................................……… $5.00Sneakers.................................................……… $8.00Suit........................................................………. $20.00Sweater...................................................………. $3.00Tie...........................................................………. $1.00Wig or Hairpiece....................................……… $12.0016

With respect to garments not appearing on this schedule, the rental or loan will benegotiated to the mutual agreement of the Actor and the Producer.(C) Cleaning and Upkeep of Costumes or clothing, including hats, furnished by theProducer shall be freshly cleaned when delivered to the Actor and cleaned thereafterwhenever necessary but at least once every three weeks. Spot cleaning, whenrequired, shall be completed in time to allow at least four hours for drying and airingprior to the half-hour call whenever possible. In order to assure that costumes arecleaned as required, the Stage Manager shall maintain a cleaning schedule. Clean anddry shirts, blouses, stockings and skin parts shall be furnished for every performance.Skin parts, including undergarments, bodysuits, stockings, dance belts, dance bras,dance briefs, dress shields, bathing suits and slips, shall be new upon issue, individuallyassigned and shall not be switched from one Actor to another. After cleaning, everyeffort shall be made to dry and air costumes prior to their issue to the Actor. All skinparts, including dance belts not provided by the Producer, must be laundered andthoroughly rinsed and dried.(D) Kneepads 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, or large) items for the exclusive use of the Actor for all rehearsals andperformances.(E) Costumes for Understudies and Swings Swings and Understudies must be assignedproperly fitted shoes and skin parts for their sole and exclusive use in performanceexcept, however, that special leotards or unitards need not be exclusively assigned,provided that they are washed, thoroughly dried and properly fitted prior to use by eachActor. The Producer agrees to make available undergarment liners to any Actor who isnot exclusively assigned special leotards or unitards.A Swing and/or an Understudy shall be provided with a properly fitted costumewhenever the Swing/Understudy is required to perform. Any costume worn by anotherActor shall be cleaned prior to its use by any Swing or Understudy and again prior toits further use by any other Actor, including the Actor to whom it is regularly assigned.Swings and Understudies shall be advised by contract rider at the time their originalemployment contracts are executed whether or not the Producer will provide saidActors with their own set of costumes. It is understood that there is no requirement forindividual costumes for Swings or Understudies.(F) Shoes(1) All footwear shall be clean, sanitary, properly fitted and in good repair and, ifmodern and conventional or for dancing, shall be new. No Actor shall be requiredto perform in shoes that are unsafe, unsanitary, or in poor repair.(2) The Producer shall provide properly fitted professional dance shoes for allmembers of the company who are required to dance. Dance shoes mayrepresent the period of a production or nature of a specific character (e.g.,sneakers in WEST SIDE STORY, athletic shoes in DAMN YANKEES), whichmust conform to the appropriate style of the movement. All footwear shall be ofsuitable construction for dancing when used for theater dance movement andshall be rubbered and braced when necessary. Professional dance shoes are notrequired for normal ballroom dancing or where there are minimal choreographed17

movements. The Producer shall provide professional dance shoes as soon aspossible but no later than one week prior to dress rehearsal. During rehearsals,the Producer shall furnish at least one pair of pointe shoes for each Chorus Actorcalled upon to dance in pointe shoes.(3) Shoes for dancing shall be replaced in accordance with Paragraph (1) aboveor when the Dance Captain, Stage Manager and Deputy agree by majority secretballot vote that the shoes are either in unfit condition for the safety of theperformer or are deemed unsafe or unsanitary. Meetings of the committee shalloccur at least monthly. If the committee votes that the shoes be replacedimmediately, the order for new shoes shall be placed by telephone and/or e-mailno later than the next business day.(G) Make-up The Producer shall furnish all make-up except ordinary and conventionalmake-up. If the Actor is required to use body make-up, the Producer shall furnish aregular towel service for the removal of such make-up. The Producer shall also providebody make-up remover.(H) Hairstyle and Hair Color(1) The Actor may not be required to change the color of the Actor’s hair unlessthe Actor agrees in writing at the time of signing the contract to such a change.The Producer shall pay for the original expense of such change, its upkeep duringthe run of the engagement and its restoration to the original color at the close ofthe engagement.(2) The Actor may not be required to cut or change the style of the Actor’s hair inany way or to shave the Actor’s head unless the Actor agrees in writing at thetime of signing the contract. The Producer shall pay the original expenses of suchchange and the expense of the upkeep of said hair or hairstyle during the run ofthe production.(I) Facial Masks, Hairpieces and Wigs(1) Beards and hairpieces furnished by the Producer shall be freshly cleanedwhen delivered to the Actor and cleaned thereafter whenever necessary but atleast once every three weeks. Lace on all beards, mustaches and hairpieces willbe cleaned daily.(2) No Actor shall be required to use a facial mask, wig or hairpiece including afacial hairpiece (beard or mustache) that has been worn by another Actor until thefacial mask, hairpiece or wig has been thoroughly cleaned and properly fitted.After cleaning, facial masks and hairpieces must be dried and aired prior to issueto the Actor.(3) Protective breathable liners must be inserted into facial masks whenever areplacement or Understudy uses the facial mask of another Actor. Liners shall beissued for the exclusive use of the replacement or Understudy.(J) No agreement to the contrary between the Producer and the Actor shall relieve theProducer of the obligations under this Rule without the written consent of Equity.18

14. CONSECUTIVE ENGAGEMENTS(A) A Consecutive Casino Engagement Rider must be used if the same production ismoved between or among two or more Casino theatres (regardless of the city in whichthey are located) under the following conditions:(1) If there is a rehearsal period of less than seven days (including days off) andthere are no changes in the cast prior to the first public performance at thesubsequent Casino theatre; or(2) If there is a rehearsal period of less than 14 days (including days off) and thereare one or more changes in the cast prior to the first public performance at thesubsequent Casino theatre.(3) In the event that there is a rehearsal period of more than 14 days (includingdays off) for an unchanged or changed cast, the Producer has the option to use aConsecutive Casino Engagement Rider or to re-open under a separate Equitycontract at equal or better terms than the original contract.(B) If the Producer wishes to move any production that originates in a Casino theatre toone or more legitimate theatres (i.e. non-Casino theatres) then the rules of theappropriate Equity Agreement shall apply.(C) In both (A) and (B) above, the following conditions shall apply:(1) All Actors who were originally engaged for such production must receive abona fide offer to perform the same role(s) or function(s) in the subsequentproduction.(a) If such bona fide offer is not made, the Actor shall be compensated in lieuthereof in the amount of four weeks’ of the Actor's own contractual salary.(b) If an Actor accepts a role or function in the production different from theone the Actor performed in the original production, the Actor may agree withthe Producer to waive the payment required under this rule.(c) If a role or function in the original production was performed by more thanone Actor prior to the time the play is moved, the Producer may, as analternative, offer the role to any Actor who has performed the role or functionin the original production for two months or longer. Only one of the Actorsmust be offered employment or compensation in lieu thereof.(2) In no case shall there be a reduction in the Actor's contractual weekly salary.(3) If an Actor chooses to leave the show at the end of the run in the originaltheatre before it re-opens in the subsequent theatre, Producers are NOT requiredto offer that available role at the departing Actors' contractual salary rate, but maynegotiate with the Replacement Actor a new rate based on the applicableminimums at the subsequent theatre.(4) Employment shall be considered to be continuous (i.e. vacation, sick leaveand Pension and Health Benefits shall continue to accrue from one engagementto the next).(5) There shall be no more than six weeks lay-off between engagements.19

(6) The Producer shall be responsible for the costs of transportation of the Actorsand their belongings from one engagement to the next.15. CONTINUOUS EMPLOYMENTContinuous employment is of the essence of all employment contracts; and allcalculations of sums due or benefits accruing to the Actor shall be computed on thebasis of consecutive rehearsals and consecutive employment. Employmenthereunder shall begin on the date of the beginning of rehearsals, or required date ofarrival, if earlier, and shall continue until terminated as herein provided, and nototherwise.16. CONTRACT(A) Effective Date Contracts between the Producer and the Actor must be signed beforethe Actor shall be permitted to rehearse or perform and shall be signed on the datewhen the terms of the contract are agreed upon between the parties. If not signed onsaid date, when issued, they must be signed as of said date.(B) Signing of(1) Unless contracts are signed concurrently, the Producer must sign them first. Ifthe contract is not signed concurrently, the Producer may notify the Actor, or hisdesignated representative, by personal delivery or Certified Mail, that unless thecontract is signed and returned to the Producer within a specified time period,which shall not be less than 72 hours after receipt of notice by the Actor or hisdesignated representative, the Contract shall be deemed null and void.(2) Script Required As soon as it is available, the Producer shall furnish to Equitythe script of any scheduled new musical and/or new adaptation of a musicalproduction with casting breakdowns of Principal roles and number of ChorusActors to be employed. Equity will then promptly issue its preliminarydetermination of Principal roles and Chorus parts. Final determination will bemade by Equity, in accordance with Rule 26(G), EQUITY: SPECIALPROVISIONS when the show is frozen and contracts will be changed if necessaryto reflect this determination.(C) Changes and Alterations All concessions or waivers granted to the Producer byEquity prior to signing shall be made known to the Actor in writing before signing of thecontract. Omission of such notification shall render the concession or waiver invalid atthe discretion of Equity. The Actor has 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 shall havebeen consented to by Equity in writing, such riders, changes, alterations, waivers, orsubstitutions, or any part thereof, are void at the option of the Actor, Equity consenting.It shall be the duty of the Producer, not the Actor, to submit proposed changes to Equityfor its written approval by a duly authorized representative.(1) At the option of Equity, no such riders, changes, alterations, waivers, orsubstitutions shall be admitted in evidence in any arbitration or by any tribunal forthe disposition of any claim without the written consent of Equity.20

(2) If Equity fails to notify the Producer of its disapproval of said riders, changes,alterations, waivers, or substitutions within five business days, excluding Saturdayand Sunday, after receipt thereof by Equity at its appropriate regional office, theyshall be deemed approved.(3) The Producer agrees that all blanks, including first public performance date,name of part and salary shall be filled in, in writing, before signing or delivery.(D) Filing Contract Within one week after entering into any employment contract, but inno event more than three days after the Actor has begun to rehearse, the Producershall file with Equity a signed copy thereof. Failure to do so shall constitute a breach ofcontract by the Producer and the Actor may, at any time, Equity consenting, terminatethe contract without notice and the Producer agrees to pay the Actor as damages forbreach a sum or sums to be computed as in the case of breach of Rule 8, BREACHESBY PRODUCER(E) Attempted Breach No Actor shall agree with a Producer, Employment Agent,Personal Representative, or other Actor, and no Producer shall agree with any Actor,Employment Agent, or Personal Representative to cause, or attempt to cause, or agreeto permit any breach 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 award to have engaged insuch conduct, said Producer agrees that such conduct on the Producer's partshall be a breach of the Producer's employment agreements with the Actors,entitling any such Actors to recover from the Producer, Equity consenting, a sumequal to two weeks’ contractual salary as liquidated damages, no present basis ofcalculation existing. The Producer further agrees that upon such breach, theProducer's name may be posted on the "Defaulting Employers List" maintained atEquity.(3) In the event of a recovery of liquidated damages by or on behalf of theoffending Actor, the same shall be paid into the Actors' Equity Foundation.(F) Hiring "As Cast” If in the contract of a Principal Actor, the Actor's part(s) is notspecified, then, unless Equity shall otherwise order, the Principal Actor shall only berequired to appear and perform in the part(s) in which the Actor makes the Actor's firstpublic appearance.17. CONVERSION RIGHTS(A) Conversion to a Subsequent Equity Contract/Agreement(1) Should the Producer produce the play under a subsequent Equity Contract, allActors who were originally engaged for such production, must receive a bona fideoffer to perform the same role(s) or function(s) in the subsequent production forwhich they were originally engaged.(a) If such bona fide offer is made, the Actor shall be employed for a minimumperiod of four weeks.21

(b) If such bona fide offer is not made, the Actor shall be compensated in lieuthereof in the amount of four weeks’ minimum applicable salary under saidsubsequent Equity Contract production.(c) If an Actor accepts a role or function in the production different from theone the Actor performed in the original production, the Actor may agree withthe Producer to waive the additional payment required under this rule.(2) If a role or function in the original production was performed by more than oneActor prior to the time the play is produced under the subsequent Equity Contract,the Producer may, as an alternative, offer the role to any Actor who hasperformed the role or function in the original production for two months or longer.Only one of the Actors must be offered employment or compensation in lieuthereof.(3) The Producer agrees that any offer shall be made in writing to the Actor, copyto Equity, at least two weeks prior to the date of first rehearsal for the subsequentproduction. The Producer may require the Actor to respond in writing within 72hours of receipt of said offer.(4) The above will pertain for a period of three years following the close of theinitial production. If more than one such production has been produced withinthree years, the Producer shall be responsible hereunder only to the cast of thefirst such production.(B) Conversion from an Equity Code Production (Equity Showcase, Los Angeles 99-SeatTheatre Plan, or Bay Area Project Policy).(1) Should an Equity Code production be produced under this contract withinthree years of its last performance as an Equity Code production, all Actorsengaged in the original production must receive a bona fide offer to perform thesame role(s) or function(s) in the production under this contract.(a) If such bona fide offer is made, the Actor shall be employed for a minimumperiod of four weeks.(b) If such bona fide offer is not made, the Actor shall be compensated in lieuthereof in the amount of four weeks’ minimum applicable Casino salary.(c) If an Actor accepts a role or function in the production different from theone the Actor performed in the Equity Code production, the Actor may agreewith the Producer to waive the additional payment required under this rule.(2) If more than one such production has been produced within three years, theProducer shall be responsible hereunder only to the cast of the first suchproduction.(3) The Producer agrees that any offer shall be made in writing to the Actor, copyto Equity, at least two weeks prior to the date of first rehearsal for the Casinoproduction. The Producer may require the Actor to respond in writing within 72hours of receipt of said offer.22

18. COSTUME CALLS(A) Once a contract has been signed by the Producer and the Actor, the Actor shall beavailable for costume measuring (one costume measuring for Chorus Actors) prior tothe rehearsal period at mutually convenient times. If given notice prior to the third weekbefore start of rehearsals, the Actor shall receive 1/6 th of minimum salary, for each suchday or part thereof applied to costume measuring in addition to other sums provided forin the Contract of Employment.(1) Principals and Chorus Actors may be called for up to three hours of costumecalls in addition to the rehearsal period herein prescribed. In no event may acostume call be less than one hour.(2) Said costume calls shall be permitted in addition to the rehearsal period hereindescribed, provided they are consecutive with the eight and one-half hour periodspecified in Rule 54, REHEARSALS(3) After the Actor’s first public performance, costume calls shall be consideredpart of the rehearsal hours and span of day.(B) When a costume call occurs at a place other than the place of rehearsal, theProducer shall provide, or reimburse the Actor for, transportation to and from suchcostume call. The manner of transportation shall be determined by the Producer.19. DANCE CAPTAIN [See also Rules 5(B)(1) and 5(C)(1) BILLING](A) Whenever there is musical staging and/or choreography, a Dance Captain must behired and paid from the date of assignment or first day of employment, but in no eventlater than the first day of rehearsal. The Stage Manager shall not serve as DanceCaptain.(B) Dance Captains shall be paid not less than 20% of the applicable minimum salary inaddition to their weekly contractual salary.(C) After the first public performance, rehearsal hours for the Dance Captain(s) in Full-Length shows shall be limited to 10 hours per week without additional compensationand rehearsal hours for the Dance Captain(s) in Tab shows shall be limited to fourhours per week without additional compensation. [See Rule 54(G)(2), REHEARSALSHours After First Public Performance.] Unused rehearsal hours in any one week maynot be carried over into another week.(D) An Assistant Dance Captain must be employed in productions that employ 30 ormore Actors. The Assistant Dance Captain shall be paid not less than 15% ofapplicable minimum salary in addition to said Assistant’s weekly contractual salary.(E) If the Dance Captain is absent for any reason for one week or longer and noreplacement Dance Captain has been employed, then:(1) The Assistant Dance Captain shall be paid the Dance Captain increment inlieu of the Assistant Dance Captain increment; or(2) For productions that do not employ an Assistant Dance Captain, a temporaryDance Captain or Assistant Dance Captain shall be assigned from within thecompany, provided there is an Actor who is willing and able to perform the duties.23

Actor shall be paid the applicable increment commencing with the first day of the DanceCaptain’s absence.(F) The Dance Captain shall be listed on the cast page of the Free Cast List andprogram. [See also Rules 5(B)(1) and 5(C)(1), BILLING)20. DAY OFF, DAYLIGHT DAY OF REST, AND REST PERIOD(A) Days Off The Actor shall be entitled to one day off in each week of employment.During such days off, the Actor shall not be required to perform, rehearse, or in anyother manner be at the disposal of the Producer.(1) Definitions(a) The term “Day Off” means 24 consecutive hours in addition to the normalrest period required after a day of rehearsal and/or performance.(b) The term “Daylight Day of Rest” means the period from the conclusion ofwork on one day until 6:00pm the following day. The rehearsal call followinga Daylight Day of Rest may not exceed five hours (i.e. 6:00pm to 11:00pm).(2) Days Off During Rehearsal(a) The Actor shall be entitled to one day off in each week of the rehearsalperiod. [Note: See Paragraph (C) below and Rule 54, REHEARSALS, whichrequires two days off each week if the Producer elects to rehearse eight outof nine and one-half hours per day each week.](b) Rehearsals may only commence with a day off if the day off does notchange more than once during the entire rehearsal period. In the first week ofrehearsal, no day off will be required if rehearsals begin on or after Thursday.(c) In the week of the first public performance, no day off will be required.However, a Daylight Day of Rest must be included within the week of the firstpublic performance.(d) Notwithstanding the above, three “10 out of 12” days may not be followedby more than six consecutive days without a day off.(3) Days Off During Performance(a) The Actor shall be entitled to one day off in each week of performances.There shall be no rehearsal except in an emergency on the day following aDay Off.(b) If an Actor, Stage Manager, Assistant Stage Manager and/or Dance orFight/Stunt Captain is called to audition or rehearse a replacement on the dayfollowing the required day off, that person shall be paid at the appropriateovertime rate for a minimum call of four hours.(c) If a Stage Manager, Assistant Stage Manager and/or Dance or Fight/StuntCaptain is called to audition or rehearse a replacement on the required dayoff, that person shall be paid an additional two-sixths of his weekly contractualsalary. That person’s span of day may not exceed eight hours.24

(4) Posting and Changing(a) The scheduled Day Off and the scheduled Daylight Day of Rest, asdefined, shall be posted on the Callboard of the theatre.(b) Changing the Daylight Day of Rest Upon one week written notice to thecast and to Equity, the Producer may change the scheduled Daylight Day ofRest.(c) Changing the Day Off Upon two weeks written notice to the cast and toEquity, the Producer may alter the Actor's day off to accommodate a revisedrehearsal or performance schedule.(5) In no case shall there be more than 10 days or 16 performances betweendays off.(B) Rest PeriodsThere shall be a minimum of a 12-hour rest period between the end of employment onone day and the beginning of employment on the next day, except on the final daybefore the first public performance when the rest period may be not less than 10hours, including Stage Managers.[For breaks and rest periods during rehearsals, see Rule 54, REHEARSALS](C) Twi-Night PerformancesTwi-night performances are two performances on the same night. The firstperformance shall not begin prior to 5:00pm and the second performance shall not endlater than 1:00am. There shall be no less than one one-hour rest period, exclusive ofhalf-hour, between twi-night performances. The Producer shall provide a meal on theproperty to all Actors and Stage Managers between twi-night performances, unless anon-site meal-plan is already provided.21. DEFAULTING EMPLOYER(A) A Producer shall be ineligible to engage Actors unless and until said Producer shallhave furnished security in such amount and in such manner and form as may besatisfactory to Equity to insure the payment of the claims of Actors against saidProducer.(B) Any Producer engaging any Actor represents that said Producer is not in defaultunder any Agreement with Equity at the time of such engagement, and that no contracthas been entered into between said Producer and Equity or any Actors, any breach ofwhich remains unsettled or unliquidated.(C) No Actor shall work or be required to work or to continue in the employment of anyProducer, without the consent of Equity, to work for any person, partnership,corporation, enterprise, or group which has violated or is violating any Agreement withEquity or any of its Actors; or which has failed to abide by any arbitration award, orwhere, permitted herein, any final determination of Equity; or which, through failure tomeet past obligations to Equity or its Actors, has been placed on Equity's DefaultingEmployers' List; nor shall any Actor work for or be employed by anyone who is or hasbeen connected, either as an individual proprietor, general partner, associate Producer,25

corporate director, officer, active stockholder or otherwise with any defaulting Producerso specified, without the consent of Equity.(D) No Actor shall work or be required to work or continue in the employment of anyProducer or company, if and when Equity shall be dissatisfied with the quality or amountof any security which may be offered or given or requested by Equity, to secure thepayment of any claim, present or future, of any Actor.22. DEFINITIONS(A) Actor The term "Actor," as used in this Agreement, shall refer to and includePrincipals, Chorus, Stage Managers, Assistant Stage Managers, Dance and Fight/StuntCaptains, and Understudies.(1) Principal Actor The term "Principal Actor" shall include any individual hired onan Equity Contract other than those individuals engaged on Equity ChorusContracts, and/or engaged to perform Equity Chorus work.(2) Stage Manager and Assistant Stage Manager The terms "Stage Manager"and "Assistant Stage Manager" shall mean any individual engaged on contract asa Stage Manager or Assistant Stage Manager, respectively.(3) Chorus The term "Chorus," "Chorus member," “Chorus Actor,” "Actorengaged on a Chorus contract" and "Chorus performer" shall include anyindividual engaged on an Equity Chorus contract and/or individuals actuallyperforming Equity Chorus work, as may be determined by Equity [See Rule26(G), EQUITY: SPECIAL PROVISIONS].(B) Contractual Salary The term "Contractual Salary" shall be defined as the negotiatedsalary received by the Actor and shall include (but not be limited to) parts payments,Dance Captain increment, ASM increment, understudy assignments, additional duties,and extraordinary risk payments. The following payments shall not be considered partof the contractual salary: (including but not limited to) per diem, overtime, costumerental, meal break and rest period penalties, understudy performance payments, extraperformance payments, and emergency performance payments.(C) Disability The term "disability" shall be defined by the applicable federal laws.(D) Employment by Producer "Employment by the Producer", or "operation of acompany or companies by the Producer", as such phrases are used in employmentcontracts, shall include employment or operation by the Producer alone, or by anycorporation or management, corporate or otherwise, which Producer controls or directsor has an interest in, either alone or in association with others.(E) Gender All references to “the Actor” (and all references to “he” and “his”) shall bedeemed to refer to both sexes.(F) Work Week and Day A "week" means from and including Monday through Sunday.A “day” means at least 24 hours, in addition to the regular period of rest allowed at theclose of each working day.(G) Part The term “part” shall mean each character, specialty, or function for which theActor is responsible.26

(H) Role The term “role” shall mean the sum of the parts, specialties, functions andassignments for which an Actor is responsible.(I) Extraordinary Risks The term “extraordinary risks" is defined as performing acrobaticfeats; suspension from trapezes or wires or like contrivances; the use of or exposure toweapons, fire, or pyrotechnic devices; or the taking of dangerous leaps, falls, throws,catches, knee drops, or slides. An Actor shall also be deemed to be engaging inExtraordinary Risks if the staging or Choreography requires the Actor to executemovements which depart from the accepted techniques of movement and support asused in contemporary theatre dance, i.e. classical ballet, modern, modern jazz, ethnic,tap and soft shoe.No Actor shall be required to perform any feat or act which places him or her inimminent danger or is inherently dangerous, nor shall any Actor be required to performin a costume or upon a set that is inherently dangerous.Equity shall have the sole right to determine what constitutes Extraordinary Risks asdefined herein, and may at its discretion order that such Risks be removed from theproduction. Equity's decision shall in no way reduce the Actor's right to properinsurance coverage under the provisions of Rule 34, INJURY: WORKERS’COMPENSATION INSURANCE(J) Twi-Night Performances The term “twi-night performances” is defined as twoperformances on the same night. The first performance shall not begin prior to 5:00pmand the second performance shall not end later than 1:00am. [See Rule 20(C) DAYOFF, DAYLIGHT DAY OF REST, AND REST PERIOD]23. DEPUTIES and MEMBERS(A) Each company shall elect a Deputy. Deputies shall have the duty and obligation toreport to Equity the total weekly hours worked, any overtime, and/or any violations ofthe rules.There shall be a Deputy for Principal Actors and whenever a Chorus is employed,there shall be a Deputy (or Deputies) for Chorus Singers and Chorus Dancers.(B) It is agreed that deputies may be designated by Equity without let or hindrance. TheProducer shall not dismiss or otherwise penalize any Actor for fulfilling the duties orobligations of an Equity Deputy or an Equity member. Any Equity Deputy or memberwho claims that the Producer has given notice, or otherwise penalized a member forfulfilling such duties either as a Deputy or as an Equity member may present the case toEquity, which shall give the Producer an opportunity to be heard if the Producer sodesires. If Equity is satisfied that such activities are the real cause of dismissal or ofany penalty, it shall have the right to demand expeditious arbitration (see Rule 28,GRIEVANCE AND ARBITRATION) and shall have the power to determine the characterand the amount of the claim to be submitted thereto.(C) It is further agreed that, if upon arbitration, the claim of the Deputy or other Actor issustained, the arbitrator shall have the right to impose a penalty, which penalty shall beat the discretion of the arbitrator, but shall not exceed the sum of five weeks’ salary. Ifthe claim is sustained, the Deputy or other Actor shall also be reinstated with back payfrom the date of dismissal to date of reinstatement.27

24. DUTIES OF THE ACTOR(A) No Actor shall perform duties other than those for which the Actor is properlycontracted under an Equity contract.(B) The Actor shall:(1) Be prompt at rehearsals;(2) Appear at the theatre no later than one-half hour prior to the performance;(3) Pay strict regard to make-up and dress;(4) Perform the Actor's services as reasonably directed, to the best of the Actor'sability;(5) Properly care for the Actor's costume and props;(6) Respect the physical property of the production and the theatre;(7) Abide by all reasonable Rules and regulations of the Producer not in conflictwith Equity Rules.25. EQUAL EMPLOYMENT OPPORTUNITY, NON-TRADITIONAL CASTING, ANDNONDISCRIMINATION [See Rule 4(E) AUDITIONS and Rule 41,NONDISCRIMINATION]26. EQUITY: SPECIAL PROVISIONS(A) Equity Representatives Duly authorized representatives of Equity shall have freeaccess to the stage and to all members of Equity at all times, inclusive of rehearsalsand performances. Sufficient time shall be allotted during the beginning of the rehearsalperiod for an Equity Representative to conduct Equity business. Such time shall not beconsidered part of the official rehearsal hours.(B) Equity may represent Actors in any dispute which may arise with the Producer andEquity may, at all times, represent Actors in relation to any matter arising under anyemployment agreement and when any act or request or consent of any such Actor isprovided for in such agreement, the request, consent, or approval of Equity shall, for allpurposes, be deemed the consent, request, approval, or act of the Actors.(C) Meetings: Privilege of Actors to Attend The Producer shall neither scheduleauditions nor require the services of the Actor for rehearsals (except in cases wheredress rehearsals are being held or rehearsals are being held on the first publicperformance date) at any time when a regularly called membership meeting of Equity isbeing held in the Area where said auditions and/or rehearsals occur. Time off for thispurpose shall not be counted as a part of that day’s rehearsal.28

(D) Special Power to Act for Actor(1) Whenever it is provided in any employment contract (a) that any act or thingmay be done by an Actor at the option of, with the consent of, or at the request ofEquity, or, (b) on the demand of or with the consent of such Actor, Equity,representing the Actor, has and is given the authority to act for and in place of theActor and to assert the Actor’s position or make the Actor’s request or demand asthe case may be, with all of the power and authority of the Actor, without liability toitself.(2) In all cases where, by virtue of any employment contract, the consent orapproval of Equity is required, the Association has and reserves full discretionarypower in giving its consent to change, modify, or limit rights of any Actor underActor’s contract, said action to be taken on behalf of the Association in writing byeither the President or Executive Director or one of the executives or members ofthe Legal Department especially authorized by either of said officers to act.(E) Oral and Written Interpretations Oral or telephone rulings made by Equity are notbinding upon the Association or, except with its consent, upon the Actors. Writtenrulings or interpretations of the employment contract or the Agreement and RulesGoverning Employment under the Casino Contract must be either approved or given bythe President or Executive Director or one of the executives or members of the LegalDepartment specifically authorized by either of said officers to act and shall be bindingupon the Association only when said persons act within the power delegated to them byEquity.(F) Equity’s Powers Should there be any conflict between any Rules or any basis formore than one interpretation as to the meaning of any of them, Equity has the right todetermine the correct interpretation or resolve the conflict and its decision shall bebinding upon Equity and the Actors.(G) Determination of Classification Equity has the sole right to determine whether anindividual is correctly classified as Principal, Chorus, Stage Manager, Assistant StageManager, Understudy, or Extra and the Producer agrees that Equity’s determinationshall be final and is not subject to arbitration.27. EXCLUSIVE SERVICE OF THE ACTORThe Actor shall have the right to accept other employment not conflicting with thefulfillment of the Actor's duties under the Actor’s contract. The Actor may not utilizematerial performed in this production in any other venue without the express writtenconsent of the Producer.28. GRIEVANCE AND ARBITRATION(A) Grievance Except as otherwise expressly provided in these Rules, any disputebetween a Producer and Equity relating to the interpretation or application of thisAgreement, shall be handled in accordance with the following procedure:(1) Step 1: Within five business days of the presentation of the claimed violation,the grievance shall be reduced to writing and submitted to the Producer (or otherdesignated Representative) by Equity, or to Equity by the Producer, whichever isapplicable.29

(2) Step 2: Within 15 business days of receipt of the written grievance by theProducer or by Equity, all parties shall meet and discuss the grievance andattempt to resolve it. However, the time limits contained herein, as well as theparties to be involved in said meeting, may be changed by mutual consent ofEquity and the Producer.(3) Step 3: If the grievance is not resolved during Steps 1 or 2, then within sevenbusiness days of end of the Step 2 meeting(s), Equity or the Producer maydemand arbitration of the unresolved grievance by giving written notice of itsintent to arbitrate and by submitting the grievance to arbitration in accordance withthe Voluntary Labor Arbitration Rules of the American Arbitration Association.(B) Arbitration Arbitration as provided herein shall be the exclusive remedy for theresolution or adjustment of disputes, including any question as to whether a dispute orissue is arbitrable under the provisions of this Agreement. Nothing herein shall beconstrued to give the arbitrator the authority to alter, amend, or modify any of theprovisions of this Agreement. Arbitration will take place in Los Angeles, California, orsuch other city, as Equity shall designate.(C) Time Limit Should the Producer dispute a ruling by Equity and if said ruling isarbitrable under these Rules, the Producer must demand arbitration within four weeks ofnotice to the Producer of said ruling. Failure to do so shall constitute agreement withsaid ruling and an acknowledgement that Equity may deduct any monies due as a resultof said ruling from any security posted with Equity by the Producer. The Producerfurther shall replace said amount deducted immediately upon demand by Equity.(D) Expenses The expense of the arbitration, including the compensation of thearbitrator, shall be shared equally by Equity and the Producer. Equity shall act onbehalf of the Actor in any arbitration proceedings and no Actor may commence anyarbitration proceeding except with the consent of Equity.(E) Expeditious Arbitration When there is a dispute concerning the termination of anActor by the Producer for reasons set forth in Rule 56, REPLACEMENT OF ACTOR, orin cases where there is a dispute under Rule 5, BILLING; Rule 11, CHORUS:PROVISIONS FOR ADDITIONAL COMPENSATION; Rule 23, DEPUTIES andMEMBERS; Rule 24, DUTIES OF THE ACTOR; Rule 58, SAFE AND SANITARYCONDITIONS OF EMPLOYMENT; Rule 59, SALARIES; Rule 64, STAGEMANAGERS/ASSISTANT STAGE MANAGERS; and/or Rule 69, TRANSPORTATIONAND BAGGAGE; either Equity or the Producer shall have the right to invoke thefollowing expeditious arbitration procedure:(1) The dispute or grievance shall be asserted by a notice given to the otherparties in writing (by Fax, Certified Mail/Return Receipt Requested, or by handdelivery, return receipt requested). Simultaneously, a copy of such notice shall besent to the Arbitrator at an address to be designated by the Arbitrator.(2) The dispute, complaint, or grievance shall be submitted to arbitration within 24hours after receipt of notice by the Arbitrator and the award shall be issued notlater than 48 hours after the conclusion of the hearing.(3) The award of the Arbitrator shall be in writing and may be issued with orwithout opinion. If any party desires an opinion, said party may request same, butsuch request shall not delay compliance with, or enforcement of, the award.30

(4) The failure of any party to attend the arbitration hearing as scheduled shall notdelay said arbitration and the Arbitrator is authorized to proceed to take evidenceand issue an award as though such party were present.(5) The award of the Arbitrator shall be final and binding on all parties.29. HIRING “AS CAST”: OBLIGATIONS TO ACTORIf in the contract of a Principal Actor, a part is not specified, then unless Equity shallotherwise order, the Principal Actor shall only be required to appear and perform in thepart or parts in which the Actor makes his first public appearance.(A) A Principal Actor may be employed “As Cast” only if the production is a new work ora new concept of an old work.(1) When an Actor is hired “As Cast,” the Producer must designate at least onehalfof the parts the Actor may perform on the Actor’s contract.(2) An Actor hired “As Cast” may terminate the Actor’s employment during therehearsal period without penalty by giving the appropriate termination notice.(B) If a Principal Actor is employed to “Understudy-As-Cast,” all the provisions of (A)above apply except that the Actor shall not be required to appear and perform orunderstudy in any part (or parts) other than the part or parts the Actor was assigned tounderstudy no later than the day following the first two weeks after the first publicperformance. The re-assignment of understudy parts contemplated by this paragraphshall not be applicable in the event the Actor and the Producer have agreed to a specificunderstudy part (or parts) in the original contract of employment.(C) The provisions of paragraphs (A) and (B) shall not be applicable to revues.(D) The Principal Actor shall be permitted to accept assignments other than thoseoriginally played or assigned provided that, when assigned, they are designated on arider to the Actor’s contract and additional compensation is negotiated for eachassignment. [See Rule 59, SALARIES]30. HEALTH FUND(A) The Producer agrees to contribute the following sums to the Equity-League HealthTrust Fund for every week or part of a week that an Actor is under a weekly contract[see Rule 64(N)(4), STAGE MANAGERS/ASSISTANT STAGE MANAGERS]:Effective November 19, 2012: $180.00Effective November 18, 2013: $180.00Effective November 17, 2014: $190.00These monies shall be used to provide health benefits for the Actor, including but notlimited to, Hospitalization and Health Insurance.The contribution rates set forth above are inclusive of a contribution for SupplementalWorkers’ Compensation, which supplements workers’ compensation disabilitybenefits, through a group policy administered by the Equity League Health Trust Fund.[See Rule 34(B), INJURY: WORKERS’ COMPENSATION INSURANCE]31

(B) This contribution is not refundable in whole or in part. The Health benefits affordedshall be determined by the Trustees of the Fund and shall include, but shall not belimited to, Medical and Hospital benefits.(C) Contributions are payable and begin to accrue on the first day of employmenthereunder.(D) The Producer further agrees to be bound by the Agreement and Declaration of Trustestablishing the aforesaid Health Trust Fund, including all its rules and regulations andany and all amendments and modifications thereto which may be adopted by itsTrustees during the term of this Agreement.31. HOLIDAY PAYOn Thanksgiving Day, Christmas Eve Day, Christmas Day, New Year’s Eve Day and NewYear’s Day, an Actor whose contractual salary is less than $5,000.00 per week shallreceive holiday pay in addition to Actor's weekly contractual salary as follows:(A) If one performance is scheduled on that holiday, for full-length productions 1/8 thminimum salary, and for tab productions 1/10 th minimum salary;(B) If two performances are scheduled on that holiday and Actor performs both, for fulllengthproductions 3/16 ths of said minimum salary and for tab productions 3/20 thsminimum salary.32. HOUSINGWhen the Actor is required to be away from the Actor's place of residence, which addressshall conform to that registered with Equity, the Actor shall receive, in addition to theActor's own contractual salary, housing and per diem as follows:[See also Rule 59(I) SALARIES: Per Diem.]Producer-Provided Housing OptionsPerDiemWeeklyExpenseMoney1 Furnished Housing w/kitchen w/ 3 meals/day, 6 days/wk $5 $352 Furnished Housing w/o kitchen w/ 3 meals/day, 6 days/wk $15 $1053 Furnished Housing w/kitchen w/ 1 meal/day, 6 days/wk $20 $1404 Furnished Housing w/o kitchen w/ 1 meal/day, 6 days/wk $30 $2105 Furnished Housing w/kitchen with no meals $35 $2456 Furnished Housing w/o kitchen with no meals $40 $280(A) It shall be the Producer's obligation and responsibility to locate and reserve suitableliving accommodations for out-of-town Actors. An out-of-town Actor shall be defined asan Actor whose primary residence as listed with Equity, is more than 75 miles from thetheatre. The Actor may not be required to utilize alternative housing (i.e. with relativesor friends) as a condition of employment. Equity has the right to inspect producerprovidedhousing.32

(B) Housing, including room taxes and utilities shall be provided at no cost to the Actor.There shall be no extra charge for air conditioning or heating.(C) The Producer has the obligation to provide each Actor with housing accommodationsthat meet Equity standards. These accommodations shall be within a 20-mile radius ofthe theatre. The "Y" may not be considered a choice.(1) A "kitchen" in an apartment shall be defined as a kitchen area with a full-sizedrefrigerator, a stove with an oven, and a sink. A "kitchen" in a hotel room shall bedefined as a kitchen area with a refrigerator and a stove or microwave; if amicrowave is provided, microwave-safe cooking accessories must also befurnished.(2) Accommodations that have access to cooking facilities shall contain thefollowing minimum kitchen equipment for each room: pots and pans; silverware;not less than four plates, four cups, and four glasses; a can opener; and kitchenknives.(3) If a security deposit is required, the Producer shall advance the deposit for theActor provided the Actor signs an authorization agreeing to have any monieswithheld from this deposit deducted from his last week's salary.(4) If housekeeping is not provided, a broom, dustpan, mop and pail shall befurnished.(5) The Actor shall not be required to share a bedroom.(6) All accommodations shall include bedding, bed linens, towels, etc.(D) Should the accommodations not conform reasonably to the description of housing orto the minimum housing standards as set by Equity, the Producer shall assist the Actorin seeking and moving to an alternate location. Such change of lodging shall not alterthe Producer's obligation for the Actor's transportation. The Actor shall not make suchchange at any time that will interfere with a rehearsal called by the Producer and thetime so occupied shall not be counted in determining overtime.(E) Telephone The Producer shall provide private, individual local non-toll telephoneservice in the Actor’s housing at no cost to the Actor, except when the Actor is housedin a hotel. When the Actor is housed in a hotel, Producer shall reimburse Actor for theexpense of up to four local, non-toll calls per day.(F) The Producer is obligated to secure living accommodations for the Actor and is notresponsible for securing accommodations for the Actor's family or pets.(G) The Producer, at his own expense, shall furnish round-trip transportation to the Actorfor all performances and/or rehearsals under the following conditions:(1) No available public transportation. (Taxis are an acceptable mode oftransportation so long as the Producer bears the full expense.)(2) No suitable living accommodations within one-half mile of the theatre bynormal transportation routes.(H) In all cases where no suitable shopping, hair salons, and/or public dining facilities areavailable, where the Actor can obtain three meals a day during normal meal hours,seven days a week, within one-half mile of the Actor's lodgings and/or theatre by normal33

transportation routes, the Producer shall provide round-trip transportation to such diningfacilities daily and to an area of diversified shopping, including a bona fide supermarkettwice a week (if shopping is further than one-half mile or if there is no pedestrian waybetween shopping and housing). Such transportation shall also include a weeklylaundry trip if facilities are not available at the Actor's housing. Where the Producerprovides vehicles to the Actors on a 24-hour basis, such transportation shall beconsidered fulfilled.(I) If housing and/or restaurants are more than one-fourth mile from the theatre, theProducer will furnish transportation for Actors 65 years of age and over, and for allActors in the event of inclement weather or in the event that the Actors are required touse unlighted roadways after dark.(J) Local transportation may be furnished in a "Company Car" or a "Cast Car" (and theymay be the same vehicle) but each car shall be properly insured, operated by a properlylicensed driver, and each Actor shall be provided with his own seat facing forward in thecar. The car shall be in good repair with functioning heating and ventilating facilities andshall be equipped with modern safety devices. It is further stipulated that such"Company" and/or "Cast" car will be covered by $500,000/$l,000,000 liability insurance.At the Producer's option, the Producer may, in lieu of the above, reimburse the Actor(s)for a rental car to be used as the "Company Car" or "Cast Car."(K) Transportation shall be furnished in such manner that the Actor will arrive at thetheatre one-half hour prior to the beginning of each performance, and promptly for eachrehearsal, and shall be available to return the Actor to his living quarters no later thanone-half hour after each performance and promptly after each rehearsal.(L) It shall be the Producer's obligation and responsibility either to have the Actor met onhis arrival in the town or instruct him in advance where to go on arrival.(M) Security Measures Where possible, in addition to tumbler locks, there shall be adead bolt lock on all exterior doors of the Actor's quarters. Neither the Actor's roomnumber, address or phone number shall be given out by the Producer or by thetheatre's business or box office, except to an authorized Equity representative, unlessauthorized to do so by the Actor. Phone calls of an emergency nature shall be promptlyrelayed to the Actor by the Producer.Emergency phone numbers will be posted on the official Equity Callboard.33. ILLNESS AND SICK LEAVE(A) Sick Leave The Actor shall accrue one day of sick leave for each four weeks ofemployment during the rehearsal period. At the end of the rehearsal period, each dayof unused sick leave converts to a credit of one performance of sick leave. When thereare up to eight scheduled performances per week, the Actor shall accrue sick leave atthe rate of one performance for each four weeks of employment. When there are nineto 12 scheduled performances per week, the Actor shall accrue sick leave at the rate ofone performance for each three weeks of employment. When there are three or lessscheduled performances per week, the Actor shall accrue sick leave at the rate of oneperformance for each 10 weeks of employment.34

(1) The Actor shall be entitled to "borrow" up to six performances of sick leave(when there are six or more scheduled performances per week) after the Actor'sfirst six weeks of employment or first public performance, whichever is later. Thisentitlement expires after the Actor accrues six performances of sick leave or ifthere are four weeks or less remaining on the Actor's contract.(2) Sick leave shall be credited at the beginning of each period.(3) If an Actor's salary has been reduced as a result of illness before sick leavehas accrued, when the Actor earns sufficient sick leave the Actor will bereimbursed an amount equivalent to the deduction. Sick leave shall not be addedto or be consecutive with the Actor's vacation without written consent of theProducer. The Producer may require reasonable proof of illness.(B) During Rehearsals When the Actor shall have absented himself from rehearsal forseven days by reason of illness or injury, the Producer may terminate the Actor'scontract at the end of said seven days. Equity may, in its discretion, upon appeal by theProducer, reduce this period.(C) During Performances If the Actor cannot perform on account of illness, injury [otherthan an injury as specified in Rule 34, INJURY: WORKERS’ COMPENSATIONINSURANCE] 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, except as specified in (A) above. Should the foregoing condition continue fora period of 10 calendar days or more, either party may terminate said contract and theProducer shall pay for all services to the effective date of termination.(D) Sick Leave Pay Out Upon the termination of the Actor's employment, and providedthat the Actor has been employed for at least 40 working weeks within a year, theamount of accumulated unused sick leave, up to eight performances per year ofemployment for Full-Length shows and up to 10 performances per year of employmentfor Tab shows, shall be paid to the Actor. Calculation of the amount paid shall be basedon the following formula: for each accumulated performance for Full-Length shows theActor shall receive 1/8 th of the Actor’s minimum salary, and for each accumulatedperformance for Tab shows the Actor shall receive 1/10 th of the Actor’s minimum salary.(E) Disability and Parental Leave(1) Disability Leave Any Actor who becomes disabled during the course of Actor’semployment in the production shall be eligible for Disability Leave in accordancewith the following provisions:(a) An Actor who is unable to work may request an unpaid leave of absencefor a period of up to 12 months.(b) Such request must be supported by an acceptable medical certificateindicating the time necessary for the leave.(c) Actors are eligible to request only one such leave for any single medicalcondition within any Agreement period. However, if a work-related injury is atissue, Actor shall be eligible for one extension of the leave and/or oneadditional leave if the Actor returns to work prematurely or the same workrelatedinjury recurs. Producer may, in its discretion, limit total leave(s) for a35

single work-related injury to a 12-month period, measured from the first day ofthe first leave.(d) Producer shall use best efforts to insure that the duration of the disabilityleave relates to the nature of the disability. However, in order toaccommodate the needs of the production, the Producer may require that theleave be at least three months in length.(e) If the Actor is from out of town, at the commencement of the disabilityleave the Producer shall return the Actor to the Actor's residence, at theActors option, and will, after the leave, transport the Actor to the city of theengagement.(2) Parental Leave An Actor shall be entitled to an unpaid parental leave ofabsence under this Rule for a period of up to three continuous months followingthe birth or adoption of a child. This provision will not be effective until six monthsafter the first date of employment of the Actor.(3) Actors on approved leave must notify the Producer at least one month prior tothe expiration of the leave of their intention to return to work as scheduled or toresign.(4) When a disability or parental leave is requested, Equity will advise the Actorabout sick leave benefits, health benefits, medical coverage and, if applicable, theprocedures for direct payment.(5) Prior to an Actor’s return from a leave, Actor will be required to establish thatActor is able to meet the artistic and physical requirements of the production. Inaddition, at Producer’s option, Actor may be required to submit to an appropriateexamination by Producer’s medical representative at Producer’s expense. Actorat Actor’s option may seek a second opinion at Actor’s expense.(6) Actor’s salary on Actor’s return to the production will be the same as when theleave began, plus any increases required by the Rules Governing Employmentunder the Casino Agreement.(7) Temporary replacement Actors may be hired under “Replacement Contracts”for periods up to the full term of the leave. The replacement Actor may beemployed for the designated term on a Standard Minimum contract. Under nocircumstances will the Producer be required to employ both Actorssimultaneously. Such replacements will not be eligible for disability leave underthe terms of this provision.(8) During the term of disability or parental leave, the Actor shall not be entitled toany salary for the time during which services are not rendered. Upon Actor’sreturn to the production, Actor shall give no more than three days of freerehearsals.(F) Unpaid Absence Only for Compelling Circumstances or Emergency Where there isan Understudy on contract and ready to perform, an Actor shall be entitled to take up tothree days of unpaid absence in each year of employment for compelling circumstancesor emergency. An example of a compelling circumstance or emergency shall include,but is not limited to, a wedding, graduation or medical emergency. Such absence issubject to the following:36

(1) The Actor will give one week's written notice when possible.(2) The Producer may limit the number of Actors out at any one time for UnpaidAbsence but may not limit it to fewer than one Actor per performance.(3) Such absence may not be taken during the week between Christmas and NewYear's except in extraordinary circumstances.(4) Such Unpaid Absence may not be used by the Actor to accept other work or toattend an audition.(5) The Producer may require the Actor to explain the compelling circumstance oremergency.(6) Any Unpaid Absence for a non-compelling circumstance may be granted atthe Producer's sole discretion.(G) Bereavement Leave Actors shall be entitled to take up to three days of paid leave ineach employment year to attend the funeral(s) of a member of the Actor's immediatefamily (including, but not limited to, in-laws and domestic partners).(H) Pregnancy Leave A Stage Manager and/or Assistant Stage Manager shall not beterminated because of pregnancy during the term of her contract. When the StageManager and/or Assistant Stage Manager goes on pregnancy leave, she shall remainon contract without pay or accrual of benefits during such leave. Said leave shallcontinue until she is ready to return to work but may not exceed 180 days without thewritten consent of the Producer. The Stage Manager and/or Assistant Stage Managermust give the Producer the same amount of notice of her intent to return as the notice oftermination contained in the Replacement Stage Manager’s or Assistant StageManager’s contract.34. INJURY: WORKERS’ COMPENSATION INSURANCE(A) The Producer agrees to obtain and maintain Workers’ Compensation InsuranceCoverage for all Actors in his employ. Failure to obtain Workers’ CompensationInsurance shall make the Producer individually liable to the Actor for paymentsequivalent to any Workers’ Compensation lost. This obligation shall survive thetermination of the Actor’s contract of employment.(B) Supplemental Workers’ Compensation Plan Insurance The Producer agrees toprovide insurance supplementing Workers’ Compensation Disability benefits through agroup policy administered by the Equity-League Health Trust Fund at a cost not toexceed $4.00 per Actor per week.(C) Record Keeping for Illnesses and Injuries A Standard protocol will be established forthe reporting of all work-related injuries and illnesses.35. JUVENILE ACTORS(A) The following special provisions shall apply to Actors under 16 years of age at thetime of signing of the contract:(1) The Producer shall provide a responsible person to supervise the JuvenileActor(s) during the rehearsal period and, after the first public performance, fromthe half-hour call until a responsible parent or guardian calls for the Juvenile37

Actor(s) after curtain down. If tutoring is required, when the Juvenile Actor(s) arerehearsing and/or performing on a "10 out of 12 hour" day all such requiredtutoring must be held during the permitted rehearsal hours.(2) Dressing Rooms The Producer shall use best efforts to provide separatedressing rooms for male and female Juveniles, which shall be separate from theadult dressing rooms.(3) Working Papers The Juvenile's working papers must be filed with theapplicable city authorities (copy to Equity) by the Juvenile's first day of rehearsal.(4) Whenever the Juvenile Actor is required to live away from the Actor’spermanent residence as registered with Equity and further provided the JuvenileActor is traveling with a parent or legal guardian not regularly employed in theproduction, the Producer, in addition to any other payments required, shall pay aJuvenile Actor not less than one-third of minimum out-of-town expense moneyrequired by Rule 59(I), SALARIES: Per Diem.(B) The foregoing shall apply until the Juvenile Actor reaches the age of 16 years.36. LAWS GOVERNING(A) All contracts of employment shall be subject to, be construed by, and all the rights ofthe parties thereto shall be determined by, the laws of the State of New York except asotherwise may be provided.(B) If there are any valid provisions of law applicable to a contract of employment whichare in conflict herewith, the provisions of the contract which conflict therewith shall bedeemed modified in conformity with the provisions of such applicable laws.(C) 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.37. LAY-OFF WEEKS(A) Provided that the Producer shall have given the Actor two consecutive weeks ofemployment prior to the lay-off week(s), and gives to the Actor two consecutive weeksof employment subsequent thereto, the Producer shall have the right to lay-off thecompany for no more than two consecutive weeks. There shall be no less than fourweeks’ notice for any such lay-off. There will be a maximum of six weeks of lay-offallowed per year.(B) Provided that the Producer shall have given the Actor four weeks written notice, theProducer shall have the right to designate up to one week per year of lay-off time asrequired paid vacation time. However, if the Actor so chooses, the Actor may opt totake two weeks of lay-off time as paid vacation time (so long as the Actor has accruedtwo weeks’ vacation and gives the Producer four weeks written notice). [See Rule 73,VACATIONS](C) Should such lay-off take place, the Producer shall not during said period be entitledto the services of the company. A run-through rehearsal on the day of re-opening shallbe permitted.38

(D) Transportation for Out-Of-Town Actors(1) During lay-offs, the Actors shall have the option of receiving a round-trip ticketto their homes and back, or of remaining in the city where the lay-off occurs.(2) When the company is laid-off due to circumstances beyond the Producer’scontrol (i.e. when the hotel pre-empts the performance venue for a convention orother uses), the Producer shall not be required to provide the Actors a round-tripticket to their homes and back.(3) When the company is laid-off between engagements, the Actors shall have theoption of receiving a ticket to their homes and back to the city where theproduction will re-open, or of remaining in the city where the lay-off occurs beforebeing provided with transportation to the next city.(E) During the lay-off period the Producer shall maintain the housing and per diemprovisions specified in the Actor's contract. In no case shall the Actor be required tovacate provided-housing during the lay-off. Vacation and sick leave shall continue toaccrue during the lay-off period.(F) In all cases under this Rule, the Actor’s guaranteed period of employment must befulfilled or salary paid in lieu thereof.38. MEDIA: RECORDING AND BROADCAST(A) There shall be no televising, broadcasting, visual and/or sound recording, motionpicture filming, videotaping, other mechanical, electronic, or evolving digital means orother substantially similar, current and evolving methods of recording (hereinafter“Recording”) in whole or in part, with the presence of any Actor of any production(including any element of the production over which the Producer has the right to, orreasonably should have had the right to, withhold consent to the use of said element) inwhich Actors are employed under the terms of this agreement without the expresspermission of Equity and under terms and conditions established by it, except asprovided in this Agreement. Such permission will not be withheld unreasonably. Thisprohibition shall be in effect from the beginning of employment until 19 weeks after theproduction has closed. The foregoing paragraph shall not apply to motion picture filmingfor theatrical release.(1) Application for permission for Recording or broadcast beyond the followingprovisions must be received by Equity at least 30 days in advance unless specialcircumstances do not permit such notice.(2) If a dispute between Equity and the Producer arises under this paragraph, itshall be subject to the Dispute Resolution and Arbitration procedures set forth inRule 28.(3) Recordings may not be used for note sessions with Actors, as a replacementfor rehearsals, or to discipline Actors.(B) Commercials Equity will permit the Actor to make commercials of one minute or lessduration to promote the theatre or production, provided the Actor is signed to theapplicable SAG-AFTRA contract and paid no less than that contract’s minimum. If acommercial is made from still photographs of persons in the cast, each Actor contained39

within the photograph, whether recognizable or not, shall receive no less than theapplicable SAG-AFTRA minimum.When a Stage Manager and/or Dance Captain is required to do any work in connectionwith a commercial, the Actor shall be paid no less than the applicable SAG-AFTRAminimum for a Principal (on camera).(C) Newscast, Three-Minute Excerpt A Recording may be taken of the production onlyfor the exclusive use on a newscast review of the production or a featured story on theproduction contained within the news program only under the following conditions:(1) During a Rehearsal(a) Recording and interview session shall not exceed one-half hour of therehearsal.(b) The Stage Manager shall file a report with Equity giving the time utilizedfor the Recording and interview session. Said report shall be initialed by aDeputy.(c) Upon contemplation of Recording during a rehearsal, the Producer shallmake every reasonable effort to:(i) Give the cast 24 hours’ notice.(ii) Schedule only three Recording sessions during which all must dotheir Recording.(iii) If the time of the Recording is changed, the Producer shall notify thecast of such change and of the re-scheduled time.(2) At a Performance(a) Recording may be for only one-half hour of footage.(b) If possible, the cast must be given 24 hours’ notice.(c) When cameras are going to film or tape, cast must be given notice at thehalf-hour call.(d) There shall be no Recording where there is any interference with theActors such as the requirement for additional lighting or the movement ofequipment.(3) Not more than three minutes of any Recorded portion of the performance orrehearsal shall be shown on the news broadcast. Such three minute recordingmust not contain an entire self-contained number or scene.(4) No payment shall be required hereunder provided no payments are made toany other personnel employed by the Producer in the production.(5) An Equity Stage Manager shall be present at every Recording under thisparagraph (C).40

(6) For any violation of this paragraph (C), other than violations of unauthorizedsubsequent uses of the film or tape, the Producer shall pay one week’scontractual salary to each Actor whose rights have been breached hereunder.Such payments shall not preclude any right in law or equity, civil, or criminal, thatarise under a breach of this paragraph (C) which the Actor has against theProducer or any third party.(D) Advance News Rule Recording The Producer may Record Advance News Rulefootage, provided that Producer adheres strictly to all the terms and conditions of Rule38(C), in order to be able to supply publicity footage to programs which cannot, forwhatever reason, supply their own crews to take such footage. The Producer will adviseall media to whom the footage is supplied of the terms and conditions outlined in thisContract under which the airing of such footage is governed. The Producer will belimited to one such Recording per year and remains liable for any claims resulting fromany misuse of such footage.The Recording of Advance News Rule footage may take place pursuant to Rule 1 andin accordance with this paragraph without additional compensation, during ascheduled rehearsal, dress-rehearsal or performance. It is understood and agreed,however, that enhanced lighting and multiple takes may occur during such rehearsal,dress rehearsal or performance provided that in the event an excessive number oftakes transform the rehearsal into a “session,” then the applicable SAG-AFTRAsession fee shall be due every Actor at the call. Further, in the event that particularActors are requested to come in early or stay later for retakes or special shots, suchActors shall likewise be paid the applicable SAG-AFTRA session fee(s) that may bedue.(E) Websites Up to a total of five minutes of rehearsal and/or performance footage(which may depict an entire scene or musical number) may be used either in a directoryor multiple Broadway show format (i.e., “I Love New York” format) or by an individualProducer on behalf of a particular show or group of shows, including pages on thirdpartyhosting sites (e.g., Facebook). .(1) Neither merchandise promotion nor ticket sales information shall be presentedon the same “page” as the foregoing, but may be presented on a separate “page.”However, the page containing Advance News Footage may indicate how to get tothe page which does have information about merchandise or tickets. It is alsounderstood that there may be no promotion of any other product(s) on the “page”where the Advance News Footage will be seen without Equity’s prior writtenconsent. If voice-over or other live actor work performance is required, in additionto performance footage, the applicable SAG-AFTRA Agreements shall apply tosuch voice-over or other work.(F) Use of Recorded material for any purpose other than specified above is strictlyprohibited. For any violation under this Rule, the Actor shall be paid no less than twoweeks’ contractual salary in addition to any SAG-AFTRA amounts which may be due.(G) Use of Footage After Expiration Date of Contract. Any footage produced under Rule38 shall 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.41

39. MILITARY SERVICE OF THE ACTORIf the Actor is called to report for military service, the Actor may cancel the Actor'scontract by giving the Producer as much notice as the circumstances will permit andthe Producer shall pay the Actor's transportation to the Actor's place of engagementand the Actor shall not be obligated for the payment of the fare of Actor's successor.40. NO LOCKOUTS OR STRIKES(A) Notwithstanding any other provisions contained in this Agreement to the contrary, noActor shall be subject to discharge, discipline, or replacement by the Producer: (1) forrefusal to cross a picket line or enter upon the picketed premises if employees of theProducer other than those covered by this Agreement are on strike or are picketing theProducer; or (2) for refusal to cross a picket line or enter upon the premises of anemployer other than the Producer if the employees of such employer are engaged in astrike ratified by a representative of such employees, which such employer is requiredby law to recognize. Provided, however, that in either instance, such strike or picketingmust enjoy the sanction of and be ratified by the relevant parent national or internationalunion and provided further that the Council of Equity endorses and supports the strikeor picketing and directs its members to honor such picket line or strike and furtherprovided that the strike or picketing is not in violation of law.(B) The Producers shall not lock out any of the Actors and neither the Actors nor Equitywill call, sanction, or participate in a strike during the period of the Agreement betweenEquity and the Producer except as provided above. In no event shall any Actor berequired to perform, or to enter the theatre for such purpose, if such performance orentrance would endanger the Actor's safety.(C) Should a strike by the Actors 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 terminatethe strike at once and in addition thereto, promptly declares publicly that the strike isunauthorized and directs the Actors to cease such conduct.(D) The provisions of this Rule shall not be deemed to effect the express rights of Equityor the Actor under Rule 8, BREACHES BY PRODUCER, Rule 21, DEFAULTINGEMPLOYER; Rule 39, MILITARY SERVICE OF THE ACTOR; or Rule 50,PRODUCTION PROSECUTED41. NONDISCRIMINATION[See also Rule 4(E), AUDITIONS: Equal Employment Opportunity/Non-TraditionalCasting.](A) The Parties hereto reaffirm their commitment to a policy of nondiscrimination withrespect to equal employment opportunity hereunder on the basis of gender, race, color,creed, national origin, age, disability, sexual orientation, political persuasion or belief.There shall be no discrimination against any Actor seeking employment.42

(B) The cast shall not be required to perform in any theatre, public or private institution,or other place of performance, where discrimination in any form is permitted or practicedbecause of sex, race, color, creed, national origin, age, disability, sexual orientation,political persuasion or belief.(C) The Actor and Producer shall treat all members of the company, including andwithout exception, all members of the production company employed by Producer andall staff employed by the Producer, with tolerance towards and without prejudice to anyperson(s) because of sex, race, color, creed, national origin, age, disability, sexualorientation or political persuasion or belief.(D) Claims Any claimed violation of this section, unless satisfactorily resolved betweenEquity and the Employer, shall be submitted to arbitration. [See Rule 28, GRIEVANCEAND ARBITRATION]42. NON-RESIDENT ALIENSNon-resident aliens may not be employed without the express consent of Equity,which decision by Equity shall be final and binding and not subject to grievance andarbitration.43. NOTICES(A) It is the essence of all employment contracts that all notices hereunder, companyand individual, must be in writing. Copies of all notices must be filed with or mailed toEquity forthwith by the party (Actor or Producer) giving notice. Full power is reserved toEquity to grant relief from this Rule where, in its opinion, the person or persons to whomnotice is given has not or have not been misled or injured.(B) All notices given by the Actor to the Producer may be given in writing to theProducer, or to the Company Manager. Individual notice to the Actor must be given tothe Actor personally in writing unless the Producer has procured the address of theActor as registered with Equity, in which case, unless otherwise provided, it may begiven by mail or facsimile. Notice of termination may not be given to the Actor while theActor is on a vacation approved by the Producer under the terms of Rule 73,VACATIONS or Rule 37, LAY-OFF WEEKS(C) All communications that refer to the company in general shall be posted upon theCall Board.44. NUDITY(A) Interviews/Auditions(1) Sex acts shall not be permitted.(2) Nudity shall not be permitted at Principal Interviews.(3) Nudity at Auditions (Principal and/or Chorus Auditions) shall not be permittedexcept with the express written permission of Equity and shall be subject to thefollowing guidelines:(a) The Actor shall not disrobe, in whole or in part, until after the Actor hasbeen auditioned as a Principal Actor or Chorus Singer and/or Chorus Dancer.43

(b) An Equity Stage Manager or an official Equity representative must bepresent.(c) The direct professional and artistic capacity of all persons present must beattested to by the Producer in writing to Equity at the time the writtenpermission is requested (i.e., Producer, Director, Choreographer).(B) Rehearsals/Performances(1) Sex acts during rehearsals or performance shall not be permitted.(2) The Actor shall not appear nude or perform acts of a sexual nature in thecourse of a stage presentation unless the Actor has been advised and giveswritten consent by the time of the Actor’s signing the contract. The script shall besubmitted for review if the Actor so requests.(3) The Actor shall not pose for nude photographs or appear nude for any motionpicture filming, videotaping or other forms of visual recording without the Actor’sprior written consent. The applicable consent form will be provided by Equity.(4) Photographs in which any Actor appears nude or performs an act of a sexualnature shall not be used in any way without the prior written consent of each Actorappearing in the photograph, or copy of the photograph, on a fully executedEquity Nude Photograph/Video Release form. The Actor’s written consent mustalso appear on a copy of the photograph release. Such request to utilize thephotograph must specify the specific use for the photograph. The signed,released photograph and release form shall be filed with Equity. The Producerand the Actor shall keep duplicate records.(a) Prior to release or use of any film or videotape, videocassette, or anyelectronic or mechanical reproduction in which any Actor appears nude, eachActor appearing in the scene shall be given an opportunity to view the film ortape. Use or release shall not be permitted without the prior written consentof each Actor participating in a scene where any Actor appears nude, orperforms acts of a sexual nature, on a fully executed Equity NudePhotograph/Video Release form. The Producer shall file a copy of the fullyexecuted release form for each Actor with Equity.(b) An authorized Actors’ Equity Association representative must be presentat all such photographing, filming or videotaping.(5) The Actor shall not, while nude, mix with the audience or leave the stage,backstage or performance area. The Producer shall take all necessary measuresto insure that no member of the audience will be permitted to enter the stage,performance area or backstage while any Actor is nude.(6) Artists' renderings of nude Actors shall not be permitted without the Actor’sprior written consent.(C) If the producer breaches any of the above provisions the producer shall be assesseddamages of no less than one week’s contractual salary for each violation of any of theprovisions set forth in paragraphs (A) or (B) above for each Actor involved.(D) All of the above shall not preclude the Actor or Equity from instituting any civil actionin addition to the damages set out in this rule.44

45. NUMBER IN CASTThe number of Stage Managers, Principals and Chorus Actors employed by the firstpublic performance date may not be reduced for any reason.46. PENSION FUND AND 401(k) PLAN(A) Pension Fund(1) The Producer acknowledges that this Agreement provides for a jointlyadministered Pension Fund and the Producer agrees to become a participant insaid Pension Fund. The Producer agrees to execute all necessary documents,including the Agreement and Declaration of Trust establishing said Pension Fundnow or hereafter adopted, or which may from time to time be adopted by thoseadministering said Fund.(2) The Producer agrees to make contributions of 8% of the gross weeklypayments to the Actor to said Pension Fund for each and every week of theActor's employment.(3) Pension reports and payments to the Fund must be filed by the Fridayfollowing the end of the week in which the work was performed for each week theActor is employed.(B) 401(k) PlanA 401(k) plan has been established covering all Actors employed under thisAgreement (the “Equity-League 401(k) Plan”).(1) The Producer shall not be required to contribute on behalf of the Actors.However, the Producer agrees to make such 401(k) deductions as may berequested by the Actor and to remit those monies to the Equity-League 401(k)Plan.(2) The specific terms and conditions of the Plan will be made available to alleligible Actors.(3) The Producer agrees to be bound by the Agreement and Declaration of Trustestablishing the Equity-League 401(k) Trust Fund, including all its rules andregulations and any and all amendments and modifications thereto that may beadopted by its Trustees during the term of this Agreement.47. PERFORMANCES(A) Number of(1) For Full-Length shows, eight performances in any one week of six out ofseven consecutive days shall constitute a week's work. The number ofperformances per week must appear on the face of the contract when submittedto the Actor for signature. There shall be no more than two performances in anyone day and no more than six performances in three consecutive days with twodays off immediately following, except as may be authorized by Equity.(2) For Tab shows, 10 performances in any one week of six out of sevenconsecutive days shall constitute a week's work. The number of performancesper week must appear on the face of the contract when submitted to the Actor for45

signature. There shall be no more than two performances in any one day, exceptas may be authorized by Equity. The length of performance shall not exceed twoconsecutive hours from the time the scheduled half-hour is called to final curtain.(B) Performance Rules(1) Performances shall not begin prior to 12:00 Noon nor conclude later than11:30 PM., except when a twi-night performance is given. The second of suchtwi-night performances may not start later than 12:00 Midnight.(2) Upon two weeks written notice to the cast and to Equity, the Producer mayalter the Actor's performance schedule. Upon two weeks written notice to thecast and to Equity, the Producer may alter the Actor's day off to accommodate arevised performance schedule.(3) Full contractual compensation shall be paid each week, even if less than thecontracted number of performances are given in any week, except during lay-offweeks and the week containing the first public performance. [See Rule 54(D)REHEARSALS: Rehearsal Salary, Payment of.](C) Extra Performances Extra performances in excess of that number stated on theActor's individual contract are permitted only with the consent of Equity and under termsand conditions as prescribed by Equity. Requests for extra performances must besubmitted in writing at least 10 days prior to the contemplated performances and mustcontain such information as Equity requires.(D) Payments to Actor All performances or rehearsals to which the public is admittedare to be counted and considered as performances for which the Actor is to be paid thecontractual salary for performances.48. PERFORMANCES LOST(A) If the Company as a whole cannot perform because of fire, accident, strikes, riot, Actof God, or act of a public enemy, which could not be reasonably anticipated orprevented, then the Actor shall not be entitled to any salary for the time during which hisservices shall not for such reason or reasons be rendered. Should any of the foregoingconditions continue for a period of 10 days or more, either party may terminate thecontract, and the Producer will pay for all services to date and transportation back to theplace of residence as stated in the contract.The word "strikes" as used in this Rule shall not include strikes within the theatrearising because of the default of the Producer or which he could have reasonablyprevented.(B) If the performances are not given because of a claimed application of section (A) ofthis Rule, any Actor who remains at or near the theatre location and away from his bonafide place of residence at the direction of the Producer, shall receive a per diempayment of 1/7 th of minimum salary for each day that performances are not given, but inno event shall the combined per diem and performance payments exceed contractualsalary. If it is determined that this Rule does not apply to the particular situation, the perdiem payments made to the Actor may be used as a set-off against any salarypayments found due.46

(C) Any dispute between the Producer and Equity as to whether section (A) applies toany given situation may be submitted to arbitration pursuant to Rule 28, GRIEVANCEAND ARBITRATION, and such determination shall be final.49. PHOTOGRAPHSPhotographs of the Company and the production may be taken for the purposes ofpublicizing and advertising the production and for subsequent use in the Producer’spromotional brochures and materials. [See Paragraph (E) below.](A) Photo Calls(1) Before the Rehearsal Period The Actor shall not be available for any photocalls prior to contract signing. Once the contract has been signed, photo callsmay be scheduled when the Actor’s availability permits, and the Actor shall becompensated at no less than the overtime rate for the time spent for such calls,however in no case less than two hours. These photo calls may be combinedwith costume calls. A Stage Manager shall be present at all photo calls and shallbe paid the overtime rate even if said call falls within the Stage Manager’s preproductionweek.(2) During the Rehearsal Period For photo calls taken during authorizedrehearsal hours, no additional compensation shall be required. Photo calls takenoutside authorized rehearsal hours shall be limited to two calls for which the Actorshall receive payment at the overtime rate. [See (B) below.](3) After the First Paid Public Performance(a) There shall be no more than two two-hour calls in the first three monthsafter the first public performance.(b) There shall be no more than two two-hour calls between the fourth and thetwelfth months of the production.(c) There shall be no more than two one-hour calls after the production hasrun one year or longer.(d) A one-hour call shall be allowed whenever there is a permanent castreplacement.(e) All photo calls shall be held immediately after a performance except by theunanimous secret ballot vote of those Actors involved in said photo call.Photo calls may not be held on a two-performance day.(f) Should such calls exceed the hours stated above, overtime shall be paid.(B) Notice There shall be at least a 24-hour written notice for all photo calls. Notice ofthe call shall be posted on the Company callboard.47

(C) Credit In all cases under the control of the Producer, the Actor’s name shall beproperly credited in publicity whenever and wherever the photographs are used. If theActor does not receive proper credit in photographs or publicity and such error is notcorrected within one week of receipt of written notice by the Producer or the Producer’srepresentative, the Producer shall pay the Actor 1/8 th of the Actor’s contractual salaryfor each week the error remains uncorrected. Said penalties shall be subject to theArbitration procedures of this Agreement [See Rule 28 GRIEVANCE ANDARBITRATION](D) Permanent Replacement In the event of a permanent replacement of an Actor, saidActor’s name and/or likeness shall be removed when feasible from wherever displayed,including all advertising and display media under the Producer’s control. Such removalshall be made prior to the first public performance of the Actor’s successor. (See Rule5(D), BILLING: Removal of Photographs.)(E) Subsequent Use Photographs from the production cannot be used for subsequentproductions without the permission of Equity and under such terms and conditions asEquity shall require.(F) Use with Commercial Product or Service The Producer must obtain the Actor’s priorwritten authorization before the Actor’s picture may be used as part of or in conjunctionwith a commercial product or service and said authorization must specify thecommercial product or service involved.If the Actor consents to the use of the Actor’s picture, the Actor shall be paid not lessthan $500.00 for said use. A Rider stipulating the specific commercial product, thephotograph(s) to be utilized, the agreed upon compensation and the duration of thepermission shall be executed between the Producer and the Actor and filed withEquity. Actors called to a photo call for this purpose, whether said call is at the theatreor elsewhere, shall be paid no less than $250.00 per hour for each hour or part thereoffor a minimum two-hour call.(G) Nudity [See Rule 44, NUDITY](H) TV or Radio Commercials [See Rule 38(B) MEDIA: RECORDING ANDBROADCAST and 52 PUBLICITY](I) Websites [See Rule 38(E) MEDIA: RECORDING AND BROADCAST and 52PUBLICITY]50. 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 the Actor being engaged in such production, either civil or criminal, theProducer shall defend the Actor at the Producer’s own expense, or shall pay any and allreasonable charges laid out or incurred by the Actor in the Actor’s defense andindemnify the Actor against any loss or damage which the Actor may suffer on accountof being engaged in any such production.48

(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 the author, who according to custom, can at any time erase or amend thescenes and lines and that consequently the Actor has no certain method of knowingduring rehearsals, whether in its final presentation the play is susceptible of beingconsidered immoral or indecent. Therefore the Producer represents to the Actor thatthe play as produced shall not violate any law or give offense which is punishable byany law and expressly agrees that should Producer or the author be arrested orsummoned on such charges, that (Equity consenting) the Actor may end and terminatethe engagement forthwith. Upon such termination the Producer shall pay to the Actorforthwith all sums due under this Agreement plus one week’s salary, as compensationfor the termination of the engagement without notice, but in no event shall the Actorreceive less than a total of two weeks’ contractual 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 thenature of the play or its production, the Producer shall forthwith furnish bail for the Actor;and, in the event of the Producer’s failure to do so, or for any breach of this rule, theProducer shall pay to the Actor (Equity consenting) the sum of $2,000. After an arrest,the Actor may demand a suspension of performance pending a determination and suchsuspension shall not terminate or otherwise affect the terms of the Agreement unlessEquity shall otherwise order.51. PROPERTY: REIMBURSEMENT TO ACTOR(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 Chorus Actor to Chorusauditions; and the personal effects of the Actor, including the Actor's baggage, whilesuch property is wholly or partly in the possession or control or under the supervision ofthe Producer, or under that of any of the Producer's representatives, or while saidproperty is in any theatre, building or other place in which the play or plays covered bythis Agreement has been or is being given or is to be given; or when said property orpersonal effects has been in any way shipped, forwarded or stored by the Producer orany of the Producer's representatives, agents, or employees, up to a limit of $2000 forthe Actor's personal effects and/or clothing; up to a limit of $750 on the Actor's furs; upto a total limit of $500 for the Actor's jewelry.(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 personalvaluables, jewelry and/or cash are given to the Producer or the Producer's agent forsafekeeping. In this regard, the Producer shall provide facilities for safekeeping of saidarticles, and to inform all Actors of same and of the necessity for using such facilities(under the provisions of this Rule) by a written notice posted on the callboard. TheActor's signature on this notice shall be deemed proper notice to the Actor of theexistence of these facilities.49

(C) The Producer shall be liable as hereinabove 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 anyloss or damage to the property of the Actor while said property is under the sole andexclusive control 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 toprotect himself against loss, to insure the same. The Producer may meet the foregoingobligation by maintaining adequate and sufficient insurance coverage that shall providethe same protection as the Producer hereby assumes. Upon the direct payment of anyloss or damage to the Actor by the Producer, the Producer or the Insurer shall besubrogated to all rights of the Actor to the extent of such payment.52. PUBLICITY(A) Personal Appearances and Interviews Any personal appearances or interviewsrequired or arranged by the Producer shall be for the purpose of publicity for the specificproduction for which the Actor is contracted.(1) Except as specified herein, Equity sets no limit on the number and length ofpersonal appearances or newspaper, radio, and/or TV interviews arranged by theProducer. An Actor may not be required to be available for personal appearancesand/or interviews except within the allowable rehearsal and/or performance hours.Any personal appearances/interviews falling outside the allowable rehearsaland/or performance hours shall be with the Actor’s consent and at the Actor’sconvenience, and the Actor shall have the right to limit the number and timedevoted to such appearances and/or interviews.An Actor may not be requested to be available on the day off or on a twoperformanceday except with the written permission of Equity and under suchterms and conditions as specified by Equity. An Actor must be given no less thana 48-hour notice of all personal appearances and/or interviews. Any time taken forpersonal appearances or newspaper, radio, and/or TV interviews (includingtransportation to and from the appearance/interview site) may not infringe uponthe 12-hour overnight rest period without incurring overtime.(2) Performance Required(a) For Television and Radio When an Actor is required by the Producer orthe Producer’s representative to perform at a personal appearance and whenthat personal appearance comes under the jurisdiction of AFTRA, theProducer and the Actor agree to meet all the requirements of AFTRA. TheStage Manager may be excused by the Producer from having to attendpersonal appearances, however, when a Stage Manager is required to do anywork at a personal appearance which comes under the jurisdiction of AFTRA,the Stage Manager shall be paid no less than the applicable AFTRA minimumfor a Principal (on camera).50

(b) Live Appearances The Actor shall be paid at the rate of no less than theovertime rate for a two-hour minimum call, for performing at a live publicityappearance. Travel time is to be included in computing the time of the call.The Stage Manager shall be in attendance at all such live appearances andshall be compensated as specified above.(3) Transportation Expenses The Producer shall not require the Actor to incurexpenses in connection with personal appearances and/or interviews initiated orrequired by the Producer. The Producer shall provide round-trip transportation forall interviews and personal appearances arranged by the Producer or reimbursethe Actor for such costs. The Producer shall reimburse the Actor for allreasonable personal expenses incurred in connection with the personalappearances and/or interviews arranged by the Producer or the Producer’srepresentative.53. RECORDINGS FOR USE IN THE PRODUCTIONThe Actor shall not be permitted to work in any company where recordings ormechanical or electronic reproductions of voice are used to supply dialogue, singing,chanting, or business where living Actors might be employed, unless the Producershall have first obtained the written consent and permission of Equity. Provided thatEquity gives its consent, the Actor will be compensated for participating in suchrecordings as follows:(A) Ensemble Recordings An Actor engaged to record material which is ensemble innature (i.e., unrecognizable) for use in the production may do so provided that the Actoris originally contracted for the duty or contracted by rider to participate in such recordingand further provided that the Actor is compensated upon leaving the production at noless than one week’s minimum salary if the recording is used in the production after theActor’s termination provided, however, that an Actor who is unjustly terminated per Rule67, TERMINATION AND CLOSING NOTICES receives not less than either two weeks’contractual salary as a one-time payment or one week’s contractual salary for each 26weeks’ use of the recording, at the Producer’s option.(B) Individual or Duet Recordings An Actor engaged to record material which isindividual in nature (i.e., recognizable) for use in the production may do so provided thatthe Actor is originally contracted for the duty or contracted by rider to participate in suchrecording and further provided that the Actor is compensated upon leaving theproduction at no less than two weeks’ contractual salary for each 26 weeks’ use of therecording (or fraction thereof). An Actor engaged solely for a recording who is notengaged to otherwise perform in the production will be signed to a contract andcompensated at no less than two weeks’ minimum salary for use of the recording ineach period of up to 26 weeks or fraction thereof.(C) Compensation stipulated herein is for use of said recording(s) in the originalproduction only. The Actor will be compensated for use of any such recording(s) in anyother production at not less than the minimum terms and conditions stated in theappropriate contract.51

54. REHEARSALS(These rules apply to both Tab and Full-Length Performances unless otherwise noted.)(A) Beginning of Rehearsals begin with the date when the Actor is first called. If theProducer chooses to start with a reading to or by the Company or a part thereof, saidreading is a part of and shall begin the rehearsal period. If the Producer wishes toemploy an Actor for such a reading and the Actor’s contracted rehearsal period has notyet commenced, the Producer may offer the Actor the opportunity to participate in thereading provided the Actor is paid not less than two-sixths of minimum salary and theActor’s participation is strictly voluntary. It is expressly understood that the Actor’sparticipation in the reading may not be a condition of employment. [For requirement ofStage Managers at rehearsals see Rule 64, STAGE MANAGERS/ASSISTANT STAGEMANAGERS](B) Rehearsals Continuous It is agreed that rehearsals shall be continuous from thedate of the first rehearsal to the date of the first public performance of the play as statedon the face of the Contract of Employment.(C) Rehearsals, Minimum The Rehearsal period for each production shall be a minimumof two weeks in length.(D) Rehearsal Salary, Payment of(1) Beginning with the first day of rehearsal the Producer agrees to pay the Actorsalary as set forth in Rule 59, SALARIES, for a period of up to eight weeks forPrincipal Actors and Chorus in dramatic productions; up to nine weeks forPrincipal Actors in musical productions and revues; and up to 10 weeks forChorus in musical productions and revues. If fewer than four days are worked inthe first week of rehearsal, up to three days may be pro-rated at the rate of 1/6 th ofthe Actor’s weekly minimum salary for each day of rehearsal or part thereof.During the week containing the first public performance, for each day of rehearsalprior to the first public performance the Actor shall be paid 1/7 th of minimum salary,unless a full day-off is given that week, in which case the pro rata payment shallbe 1/6 th of minimum salary for each day of rehearsal. The Actor shall be paid prorata contractual salary if fewer than eight performances (or 10, if a tab show) aregiven in the week containing the first public performance. Pro rata contractualsalary shall be paid in eighths if it is a full-length production or in tenths if it is a tabproduction.(2) During any week in which there are rehearsals and performances and in whichperformance salary is paid pro-rata, the Actor shall be paid no less than oneweek’s minimum salary.(3) Compensation subsequent to permitted rehearsal periods shall be at not lessthan full contractual salary.52

(E) Rehearsals Prior to Tech Week(1) Breaks During the rehearsal period there shall be a recess of one and one-halfhours after a period of not more than five consecutive hours of rehearsal. Inaddition, 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 not given bythe end of the hour, a 10-minute break must be provided at the end of 80 minutesof rehearsal.(2) Hours The Actor shall not rehearse more than eight and one-half consecutivehours a day, which shall include the one and one-half hour recess provided in(E)(1) above, said eight and one-half hours to be computed from the time ofrehearsal call for each Actor. The maximum rehearsal time in any week shall belimited to 42 hours. The Company, by unanimous consent, may elect to rehearseseven out of eight hours.In the event the Producer elects to rehearse eight out of nine and one-half hoursper day each week, the Actor must be given two days off each week.(3) Overtime shall be paid for all rehearsal hours in excess of those permittedherein.(4) Rehearsal hours for each Actor shall be computed from the time of rehearsalcall for that Actor.(5) Absent special circumstances, rehearsals may be called only upon 24 hours’written notice.(F) Rehearsals During Tech Week (the final seven days of rehearsal including the day ofthe first public performance).(1) Breaks During the rehearsal period there shall be a recess of one and onehalfhours after a period of not more than five consecutive hours of rehearsal. Inaddition, 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 not given bythe end of the hour, a 10-minute break must be provided at the end of 80 minutesof rehearsal.(2) Hours During the final seven days of rehearsal including the day of the firstpublic performance, an additional nine hours of rehearsal may be scheduled inorder to include not more than three 10 out of 12 hour rehearsal days. Themaximum workweek hours, as stated in Rule 54(E)(2), may be increased by threehours for each 10 out of 12 hour day utilized in the particular workweek. For theworkweek containing the first public performance, the total workweek hours shallinclude all rehearsals and performances.(3) On-Stage Technical Rehearsal There must be at least one complete technicalrehearsal on-stage (without an audience) prior to the first public performance.(4) Overtime shall be paid for all rehearsal hours in excess of those permittedherein.(5) Rehearsal hours for each Actor shall be computed from the time of rehearsalcall for that Actor.53

(6) Absent special circumstances, rehearsals may be called only upon 24 hours’written notice.(G) Rehearsals After the First Public Performance (including previews and theperformance run).(1) Breaks After the first Public Performance there shall be a recess of one andone-half hours after a period of not more than five consecutive hours ofperformances and/or rehearsals combined.(a) Where rehearsal is consecutive with the half-hour call, the time from thecall for rehearsal to the end of the performance shall not exceed fiveconsecutive hours.(b) When rehearsals run more than three consecutive hours, there shall be aminimum of one hour’s break, exclusive of the half-hour call, before anyperformance, after which there shall be no rehearsal except emergencyrehearsal.(2) Hours During the First Full Week of Public Performances During the first fullweek of public performances, rehearsals shall be limited to two hours on any twoperformanceday and to five hours on any one-performance day, not to exceed atotal of 42 hours for the week (rehearsals and performances combined).(3) Hours After the First Full Week of Public Performances(a) For Full-Length Shows Rehearsals after the first full week of publicperformances shall be limited to 8 hours each week, 10 hours weekly forUnderstudies, and shall take place on no more than two days. No rehearsalsafter the first full week of public performances may be held on twoperformancedays except with the permission of Equity. However,Understudies who are not performing may rehearse on a two-performanceday. The performing cast shall not be called to understudy rehearsals formore than four hours per week. After the first full week of publicperformances, rehearsal hours for Dance Captains shall be limited to 10hours per week without additional compensation.(b) For Tab Shows Rehearsals after the first full week of public performancesshall be limited to a total of four hours per week over no more than two daysfor brush-up or understudy rehearsals. The four hours may take place overno more than three days in a week for replacement rehearsals. Anyrehearsal call shall be a minimum of one hour on any one day. After the firstfull week of public performances, rehearsal hours for Dance Captains shall belimited to four hours per week without additional compensation.(c) For both Full-Length and Tab Shows All rehearsal hours beyond theselimitations shall be paid for at the overtime rate of $15 per half-hour or partthereof. Unused rehearsal hours in any one week may not be carried overinto another week.(4) There will be no rehearsal on the day following the day off except for the firstpublic performance, the official opening, emergency and/or cast replacements ifthe replacement is going into the performance that evening.54

(5) Overtime shall be paid for all rehearsal hours in excess of those permittedherein.(6) Rehearsals after Performance Rehearsals may not be scheduled after anevening performance, except as may be authorized by Equity.(7) Notes after Performance Notes may be given for a period not to exceed onehour after curtain, such time to be chargeable as rehearsal hours. Said one-hournote period shall commence no later than 15 minutes following final curtain. Notesessions may only be scheduled with 24-hours written notice to the Actors.(8) Rehearsal hours for each Actor shall be computed from the time of rehearsalcall for that Actor.(9) Absent special circumstances, rehearsals may be called only upon 24 hours’written notice.(H) Overtime Should the Actor rehearse more than the hours stipulated in this Rule, theProducer shall pay overtime at the rate of $15 per one half-hour or part thereof.Payment for such overtime shall be made no later than the week following the week inwhich such overtime occurred. The Stage Managers in attendance shall be entitled toovertime payment whenever an Actor receives overtime payment.(I) Absence Due to Illness When the Actor shall have been absent from rehearsal forseven days by reason of illness, the Producer may terminate the Actor’s contract at theend of said seven days. Equity may, in its discretion, upon appeal by the Producer,reduce this period. [See Rule 33, ILLNESS AND SICK LEAVE](J) Rehearsals Lost If a Producer is prevented from giving rehearsals because of fire,accident, riot, strike, illness of more than seven consecutive days or death of star orprominent member of the cast, Act of God or act of a public enemy which could notreasonably be anticipated or prevented, then the time so lost shall not be counted aspart of the rehearsal period herein provided. During such a lay-off, the Actor shall bepaid a per diem of 1/7 th of the amount deemed to be out-of-town living expenses setforth in Rule 59, SALARIES, for a maximum period of two weeks. Should the lay-offcontinue, the Producer shall pay one-half contractual salary for two further weeks at theend of which time the Actor may terminate Actor’s contract, without payment or penalty,unless the Producer continues the services of the Actor by paying full salary therefor.(K) Rehearsals Discontinued or Play Abandoned If a play for which the Actor is engagedis discontinued or postponed, or if a production is abandoned before or duringrehearsals, the Producer shall pay the Actor not less than two weeks’ contractual salaryplus all rehearsal salary due.(L) Special Additional Provisions(1) The Producer shall provide piano rehearsal for Understudies andreplacements (both Principals and Chorus). Replacements shall be afforded atleast eight hours of rehearsal with piano. If not conducted on stage, rehearsalsshall be conducted in an area or room suitable for rehearsals.55

(2) Understudies must be called to rehearse in each part assigned at least onceevery four weeks after the first public performance for dramatic productions and atleast once every six weeks after the first public performance for musicalproductions.(M) When possible and when it can be held within regular rehearsal hours, adequatetechnical rehearsal shall be provided for all Understudies and replacements before theyare required to perform in front of an audience. Such technical rehearsal shall include,but not be limited to, rehearsal on the set with such props, lighting effects, mechanicalor pyrotechnical devices, weapons, costumes and other cast members as shall bedeemed necessary to insure the safety of replacements, Understudies, Swings and theother performing members of the cast.(N) Rehearsals Substituted for PerformanceAfter the first public performance, when moving the production from one venue toanother within the same city/locale, rehearsals may be substituted for performanceunder the following terms and conditions:(1) The time of rehearsal so substituted will be running time plus half-hour foreach performance not given.(2) Rehearsals called on the day after the day off, in accordance with Rule 20,DAY OFF, DAYLIGHT DAY OF REST, AND REST PERIOD may begin at 4:00P.M. and under this provision will not require additional compensation providedthat the rehearsal time does not exceed two hours plus running time plus halfhour.(3) Producer may call rehearsal as early as 1:00 P.M. on the day after the day offprovided that Actor is compensated at one and one-half times the overtime ratefor each hour or part thereof Actor rehearses prior to 4:00 P.M.(4) Any hours of rehearsal beyond those outlined in Paragraph (2) above whichoccur after 4:00 P.M. will be compensated at the straight overtime rate.(5) Proper rest breaks per Rule 20, DAY OFF, DAYLIGHT DAY OF REST, ANDREST PERIOD must be given.(6) In no event may the rehearsal day be longer than eight hours, exclusive of restperiods required after five hours of work.(O) Span of Day The span of the workday shall not exceed 12 consecutive hours.55. REOPENING OF A PRODUCTIONA production, once closed, shall not be reopened for rehearsal or performance within eightweeks of its closing under any Equity contract without the consent of Equity and undersuch terms as stipulated by Equity, except as provided in Rule 48, PERFORMANCESLOST Such consent, upon equitable terms and conditions, shall not be unreasonablywithheld.56

56. REPLACEMENT OF ACTOR(A) Unless Equity shall otherwise order, an Actor may not be required to alternate withan Understudy or successor and if replaced by either, the Actor may not thereafter berequired (unless Equity otherwise orders) to act again in the role or to report at thetheatre for that purpose. Payments, however, shall continue to be made to the Actoraccording to the terms of the Actor’s individual employment contract except that theProducer shall receive credit for all monies earned by the Actor under another Equitycontract during the balance of the term of the Actor’s original contract.(1) If the Actor is late for “half-hour” or appears at the theatre unable to performdue to intoxication or similar cause, the Producer, subject to the provisions ofRule 28, GRIEVANCE AND ARBITRATION, may determine that the Actor shouldnot perform. If the Actor is temporarily replaced for a single performance forreasons set forth herein, the above provisions shall not apply and the Actor maybe required to perform thereafter, provided the Producer notifies Equity in writingof such action and the reasons therefor within 24 hours. Should such temporaryreplacement be determined to be without just cause by Equity, by an arbitrator orby other mutually agreeable means, the Actor shall be paid full salary for anyperformance not played as a result of the Producer’s action and the Actor shallcontinue to perform under the Actor’s original contract.(2) Should the Producer dismiss an Actor for inability to perform due tointoxication or similar cause and so notify the Actor and Equity in writing of suchaction and the reasons therefor within 24 hours, the provisions of Paragraph (A)above shall not apply. In such event, Equity may institute Expeditious Grievanceand Expeditious Arbitration procedures in accordance with Rule 28. If it should bedetermined by Equity, by the Arbitrator, or by other mutually agreeable meansthat the dismissal was without just cause, the Actor shall be paid full salary for anyperformances not played as a result of the Producer’s action and shall be requiredto immediately resume the Actor’s performances when notified to do so by theProducer. Payment for the missed performances must be made prior to the Actorresuming performances under the Actor’s contract. Pending the determination,the Actor need not report to the theatre.(B) If the Producer terminates an Actor, the Actor's replacement shall rehearse for atleast three days or receive payment in lieu thereof. The replacement Actor mustrehearse at least eight hours before going on.(C) A replacement Actor who sings or dances in the production must have at least onemusical rehearsal before going on.(D) If a replacement Actor is hired to replace an Actor who is out of the production due toillness or vacation, or if only one week remains of the run of the production, such Actormay be signed to a contract with a one-week guarantee provided that it is so stated onthe face of his contract.(E) If an Actor is specifically contracted to play two or more parts and a part is withdrawnor cut out, the Actor, immediately upon giving notice, may terminate the Actor’s contractwithout penalty.57

57. REPORTS(A) W-2 Forms W-2 Forms shall be furnished to the Actor not later than 30 daysfollowing the closing of the theatre or the end of the calendar year, whichever is sooner.Equity may in its discretion, at any time, require the Producer to submit proofsatisfactory to it that all Actors employed are given a withholding tax receipt (W-2 Form)and statement of Social Security deductions. Each Actor shall receive all informationregarding refundable state and local taxes and all forms applicable to same, or if notimmediately available, information as to where such forms may be obtained, with thefinal pay.(B) Weekly Report to Equity The Producer must furnish to Equity by the Friday followingthe last performance of the week, on a form supplied by Equity for that purpose or on acomputerized version of said form, a weekly "Pension and Health" report listing allActors employed. Failure to file such reports and/or statements shall constitute abreach of Equity Rules, entitling Equity, among other things and without any limitation,to refuse to release the balance of the security deposited with Equity until the aboverequirements are met. [See also Rule 64(K)(1)(g), STAGE MANAGERS/ASSISTANTSTAGE MANAGERS](C) Weekly reports shall be sent to:(1) AEA Contracts Department;(2) AEA Membership Department/Working Dues;(3) The Equity-League Health Trust Fund; and(4) The Equity-League Pension Fund.(D) Failure to File(1) If the reports and payments listed in (C)(1)& (2) above are not received byEquity after four weeks following the end of any workweek in which Equity Actorsare employed, the Producer shall pay to the Actors’ Equity Foundation the sum of$100 for each subsequent week of failure to do so until such reports are filed.(2) Equity-League Pension and Health Reports Failure to file the reports listed in(C)(3)& (4) above shall be subject to the rules of the Equity-League Pension andHealth Trust Funds.58. SAFE AND SANITARY CONDITIONS OF EMPLOYMENTThe Producer shall provide the Actor with safe and sanitary places of employment. Ifpre-existing facilities do not and cannot meet the following standards, the Producermust notify Equity prior to the first rehearsal for alternative solutions.(A) Dressing Rooms(1) Separate dressing rooms for male and female Actors will be provided.(2) Dressing rooms (except quick-change booths) shall be of a permanent type,and shall not be only under canvas.58

(3) Each Actor shall be provided at least 30 inches of dressing table space. Alldressing rooms must be properly heated in cold weather and shall be properly airconditioned in warm weather and shall have adequate lights, mirrors at least onefoot by two feet in dimension, shelves and wardrobe hooks for Actors' make-upand dressing equipment, and clothing racks or their equivalent with hangers forthe Actors' personal clothes. Floors shall be washed or vacuumed at least onceeach week, and dressing rooms cleaned at least once each working day.(4) At the Actor's request, the Actor shall be the only person permitted to cleanthe Actor's own dressing room table and mirror.(5) Use of fluorescent lighting for make-up purposes is prohibited unless thefluorescent lighting is specifically warranted by the manufacturer to be for makeuppurposes.(6) All dressing rooms shall be equipped with air-conditioning systems, air-coolingsystems or some similar type of mechanical device to insure proper ventilationand the circulation of fresh, cool air.(7) The Producer shall provide heat in the dressing rooms if the outsidetemperature falls below 60 degrees Fahrenheit.(8) An indoor touch-tone telephone (or pay telephone) with the ability to accesslong distance carriers and touch-tone services (answering machines and voicemail) shall be accessible to the Actors.(9) Alleys and roads leading to stage doors of theatres shall be safe, easilyaccessible and properly lighted. Runways between dressing rooms and thetheatre shall be covered and paved or boarded.(10) Dressing room entrances and windows shall be properly masked from theview of the audience to insure the Actor's privacy.(11) There shall be a fire extinguisher accessible to each dressing room.(12) All Stage Managers’ booths shall be air-conditioned as necessary, or heatedwhen necessary and where conditions allow for separate heating. Heating ofStage Managers' booths may be accomplished by means of a space heater,provided that there is room and the space heater would not present a safetyhazard.(B) Lavatory and Toilet Facilities(1) Separate sanitary facilities will be provided for male and female Actors.Toilets and lavatories will be clean and sanitary, and will be separate facilitiesfrom those provided for the audience.(2) The Producer will provide soap, toilet tissue and paper towels.(3) Sinks with hot and cold running water shall be available or reasonablyconvenient to the dressing rooms. "Reasonably convenient to" shall mean withinthe same building and in the dressing room area.(4) In all theatres where the Actor is required to use body make-up, there shall beshowers with hot and cold running water.59

(5) Any walkway between the dressing rooms and toilet facilities shall be maskedfrom the view of the audience.(C) Guide Lights All ramps, stairways, levels or platforms higher than three feet,entrances and exits, cross-over areas, or off-stage passageways, which may beaffected by blackouts, shall be illuminated with guide lights, or luminous tape.(D) Aisles Aisles shall be maintained in a firm and even condition and if not constructedof a hard surface such as concrete, asphalt, or macadam, must be covered, and thecoverings must be secure.(E) Dance Surfaces(1) Actors shall not be required to rehearse dances or dance on concrete ormarble floors or on any other surfaces which Equity shall deem to be injurious orunsafe, or on wood or on any other substance laid directly over such similarsurface which do 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 fastened securely and thestage completely covered by a level deck or decks of such material as wood orMasonite. The edge of all decks must be clearly visible or protected by securelyfastened guardrails.(3) Pits not in use shall be covered completely by a firm material.(F) Firearms Whenever firearms are used in a production, there shall be a safetydemonstration conducted by a qualified instructor for the entire company prior to the firstpublic performance or use of firearms on stage, whichever occurs first. Thereafter,safety demonstrations and/or instructions will be required for all affected replacementActors as well as Swings and Understudies, before their first public performance.Brush-up safety demonstrations and/or instructions shall be required at least once eachyear.(G) Flash Photography Flash photography during a performance is prohibited. TheProducer shall prominently post the international symbol prohibiting photography. Inaddition, a printed announcement prohibiting flash photography shall be either (1)included on the free cast list page and on the cast or synopsis page of the free and/orsouvenir Playbill or program or (2) announced from the stage prior to the rise of thecurtain at every performance. [See Rule 5, BILLING](H) Cots The Producer shall provide two clean cots backstage for any performer whomay become ill during a rehearsal or performance. These cots shall not be in adressing room but shall be easily available to the entire company. The Producer may,in lieu of the above, provide a cot in each dressing room.(I) First Aid Kits Portable First Aid Kits, stocked with adequate supplies (including icepacks,protective gloves, and eye wash), and first aid information shall be available andeasily accessible at all times wherever the Actor is required to rehearse, dress orperform.60

(J) Intercom System An intercom system between the stage area and the dressingrooms shall be installed in all theatres in which Equity deems that the dialogue from thestage is not clearly audible in the dressing rooms.(K) Drinking Water and Cups Ample, pure, cool drinking water and cups shall beprovided backstage or in the dressing rooms and wherever the Actor is required torehearse or perform.(L) All areas of the theatre must be equipped for air circulation, heating, safety, safeaccess, and proper lighting.(M) Medical Services An up-to-date list of medical services including doctors, dentistsand hospitals, must be posted on the call board at all time and qualified medicalpersonnel shall be available in case of emergency.(N) Fire Safety Procedures The Producer must post a diagram of the locations of all fireexits and firefighting equipment and proper procedures in case of fire. The Producershall consult with the local fire department and formulate safety procedures that shall begiven to the Actors prior to dress rehearsal at least once for each production.(O) Raked Stage Raked Stages are prohibited.(P) Smoking Areas In theatres and rehearsal areas where smoking is permitted, areasshall be designated by the Producer as smoking areas, and smoking shall not bepermitted outside said areas.(Q) Where the Actors' safety is at issue, Equity, in its sole discretion, may require arehearsal call to address said safety issue.(R) Special Effects(1) Permitted Smoke and Haze Substances The Producer agrees to use only dry ice,liquid nitrogen, or substances listed in, and in accordance with the specified limits setforth in the HEALTH EFFECTS EVALUATION OF THEATRICAL SMOKE, HAZE, ANDPYROTECHNICS.(a) Notice Requirement. One week prior to the first day of tech, if known, butin any case prior to the first use of any smoke or haze effect with Actors, theProducer must send written notification to Equity which shall include thefollowing:(1) The names of all machines, fluids and attachments (e.g. chiller,etc) being used.(2) Indicate whether each effect will be following the time and distancecalculations in the EQUIPMENT-BASED GUIDELINES FOR THEUSE OF THEATRICAL SMOKE AND HAZE or a portable air-samplingmonitor as outlined in the EVALUATION OF SHORT-TERMEXPOSURES TO THEATRICAL SMOKE AND HAZE AIR SAMPLINGPROTOCOL both prepared by ENVIRON International Corporationdated May 14, 2001 and as may be amended by Environ and MountSinai.61

(b) No later than one week after the first paid public performance, theProducer must send written notification including but not limited to thefollowing:(1) The location and setting of each machine and fluid combination.(2) A list of the cues, including the cue lengths and the distancebetween the effect’s release point and the nearest Actor.(3) All applicable calculations and/or air sampling data.(c) Thereafter, the Producer must notify Equity, in writing, of any changesand/or additions to the original notification not later than 72 hours prior to thefirst use. The Producer must post all written notifications to the Actors'callboard.(2) Other Substances(a) Prior to the use of other special effects (e.g. pyrotechnic, chemical snow,use of water or fire, etc.), the Producer must send written notification toEquity which shall include the names of the products, if applicable, and howthey will be used.(b) Thereafter, the Producer must notify Equity, in writing, of any changesand/or additions to the original notification not later than 72 hours prior to thefirst use. The Producer must post all written notifications to the Actors'callboard.(S) Actor’s Responsibility It is the Actor’s obligation to respect the physical property ofthe theatre. It is agreed that the Actor shall be responsible for any damage to thetheatre willfully caused by the Actor if the Producer is held responsible to the owner ofthe theatre for such damage.(T) Inspection and Compliance The Producer agrees that Equity’s representative shallhave the right to inspect the theatre to determine whether the Producer has compliedwith the safe and sanitary requirements herein. Any deficiencies shall be reported inwriting to Equity and the representative shall furnish the Producer with a copy of suchreport.Upon receipt of such report, Equity may notify the Producer in writing that theProducer must correct the deficiencies. Unless the Producer (1) corrects thedeficiencies noted, (2) notifies Equity and Equity accepts that the Producer is unable tocomply because of physical or financial hardship or due to the physical properties ofthe facility, or (3) gives Equity assurances satisfactory to it that such deficiencies willbe promptly corrected, Equity may certify the theatre as unauthorized for rehearsal,performances, or both, as Equity may determine.Upon such certification and until correction of the deficiencies or the giving ofassurances satisfactory to Equity that they will be corrected within a reasonable time,Equity may either require the Actors to refrain from rehearsing and/or performing in thetheatre, or require the Producer to pay the sum of $1,000.00 per week to the Actors’Equity Foundation for each week in which the infraction continues.(U) Notwithstanding any other provisions of these Rules or the individual contracts ofemployment, Equity in its sole discretion shall determine whether the aforementionedSafe and Sanitary Conditions are being properly maintained.62

(V) Service During the Performance59. SALARIES(1) The performance shall not begin until all aisles, ramps and stairs used asexits, entrances, or playing areas during the show have been cleared. They shallbe kept clear during the performance.(2) The management shall use its best efforts to minimize table or bar service offood or drink during the performance, and such service shall not interfere in theproduction values.(A) Minimum weekly salaries shall be payable at no less than the Minimum Ratesspecified herein.Minimum Weekly Rates (See also Rule 47, PERFORMANCES):Minimum Salaries for Actors.Tier #of Seats Effective11/19/12Effective11/18/13Effective11/17/141 Up to 300 $612 $624 $6372 301 – 600 $740 $754 $7693 601 – 900 $867 $884 $9024 901 – 1200 $995 $1014 $10355 1201 – 1500 $1122 $1144 $11676 1501-1800 $1250 $1274 $13007 1801 + $1377 $1405 $1433Minimum Salaries for Stage ManagersTier #of Seats Effective11/19/12Effective11/18/13Effective11/17/141 Up to 300 $857 $874 $8912 301 – 600 $1,030 $1,051 $1,0723 601 – 900 $1,178 $1,202 $1,2264 901 – 1200 $1,336 $1,363 $1,3905 1201 – 1500 $1,530 $1,561 $1,5926 1501-1800 $1,688 $1,722 $1,7567 1801 + $1,826 $1,862 $1,90063

Minimum Salaries for Assistant Stage ManagersTier #of Seats Effective11/19/12Effective11/18/13Effective11/17/141 Up to 300 $765 $780 $7962 301 – 600 $918 $936 $9553 601 – 900 $1,051 $1,072 $1,0934 901 – 1200 $1,193 $1,217 $1,2425 1201 – 1500 $1,326 $1,353 $1,3806 1501-1800 $1,469 $1,498 $1,5287 1801 + $1,601 $1,633 $1,666Producers may schedule more than eight Full-Length performances or ten Tabperformances only with the permission of Equity, not subject to arbitration.All salaries shall be paid to the Actor the day before the last banking day in the week,but no later than Thursday. When paid, the Actor must be issued a stub or otherrecord of gross salary; increments and dates thereof, itemized deductions (includingUnion dues); and net salary.(B) Tier Bump-Up In shows with 20 or fewer Equity Contracts in Tier 4 and above, theminimum salaries for those Actors will bump up one Tier. [See Rule 10(B)CATEGORIES AND TIERS](C) Check Cashing Producer will make arrangements for Actors to cash paychecks forno charge when Actors are living away from their homes.(D) Payment Due The Actor is due all sums owed under the Actor’s contract ofemployment (including salary, overtime, per diem, additional duties increments,vacation pay and any other compensation required under said contract). In the eventan Actor receives only partial payment of any sum due under the Actor's contract, nocheck, money order or other currency draft, either by the Producer or a third party, givento or received by the Actor shall minimize or otherwise adversely affect the total amountdue to the Actor. The Actor shall retain the right to make a claim for any amounts owedunder the Actor’s contract of employment. Any amount the Actor does receive,however, shall serve as a credit against the full amount of the claim.(E) Contingent Compensation No employment contract shall be entered into by theProducer or the Actor where additional compensation above minimum is contingentupon receipts without the written consent of Equity, which consent will not beunreasonably withheld. In no case shall compensation be contingent upon profits.(F) Actual Salary The actual salary of the Actor agreed upon shall be stated in thecontract and a lesser or fictitious salary shall not be stated in the contract. A newcontract will be issued and signed whenever the Actor's salary is increased.64

(G) Additional Duties The Actor shall not be required to do any additional work withoutmutual agreement and an additional negotiated compensation therefor, which shall notbe less than $15 per duty per week.Additional duties work is defined as doing additional work not specified in the Actor'scontract at the time of its original signing.(H) Set Moves(1) An Actor in character may, consistent with that character, set or move sceneryor props.(2) An Actor out of character may set or move scenery or props only when makingan entrance or exit from a scene in which the Actor takes part as an integral andnecessary participant in the staged plot.(3) Actors shall not be permitted to do set or property moves which, due to any ofthe following, are inherently hazardous: location on stage, weight of the set pieceor prop, construction, pyrotechnic or electrical effects, proximity to machinery orsimultaneous movement of the scenery or effects.(4) An Actor assigned to perform any set moves other than those abovedescribedshall receive no less than $5 per week per set move beginning in theweek that contains the first paid public performance. The Actor must agree toperform the set move in a rider to the Actor’s contract, which shall include theagreed upon compensation.(I) Per Diem. When the Actor is required to be away from the Actor's place ofresidence, which address shall conform to that registered with Equity, the Actor shallreceive, in addition to the Actor's own contractual salary, housing and per diem asfollows: (See also Rule 32, HOUSING)Producer-Provided Housing OptionsPerDiemWeeklyExpenseMoney1 Furnished Housing w/kitchen w/ 3 meals/day, 6 days/wk $5 $352 Furnished Housing w/o kitchen w/ 3 meals/day, 6 days/wk $15 $1053 Furnished Housing w/kitchen w/ 1 meal/day, 6 days/wk $20 $1404 Furnished Housing w/o kitchen w/ 1 meal/day, 6 days/wk $30 $2105 Furnished Housing w/kitchen with no meals $35 $2456 Furnished Housing w/o kitchen with no meals $40 $280(J) Holiday Pay. See Rule 31, HOLIDAY PAY(K) Overtime. The Producer shall pay overtime at the rate of $15 per one half-hour orpart thereof.Payment for such overtime shall be made no later than the week following the week inwhich such overtime occurred. [See Rule 64(T) STAGE MANAGERS/ASSISTANTSTAGE MANAGERS: Overtime; and Rule 54(H) REHEARSALS: Overtime.]65

60. SECRET VOTE.(A) At all meetings of the company called by the Deputy, the Stage Managers shall beincluded and votes shall be by secret ballot. No Producer or Manager whether under anEquity contract or not may attend such company meetings. A Producer or Managerworking under an Equity contract may, however, be informed of the subject of themeeting.(B) The determination of Equity as to any issue arising under the above provision shallbe final and binding upon the Producer and each Actor.61. SECURITY AGREEMENTS and BOND(A) Security Agreements. The provisions of any and all agreements relating to securitydeposited or agreed to be deposited with Equity covering any employment under thisAgreement and any contracts of employment are hereby adopted and made part of thisAgreement and said contracts. This includes agreements on forms now called "Bond,""Security Agreement," and "Producer's Statement.” It is of the essence of thisAgreement and all contracts of employment and a condition precedent to theengagement of the Actor that the Producer shall have filed and maintained with Equity asatisfactory security as required by Equity's existing Security Agreement and Rules.(B) Posting of Bond A Producer shall be ineligible to employ Actors unless and untilsuch time the Producer shall have furnished security in such amount and in suchmanner and form as may be satisfactory to Equity to insure the payment of the claims ofActors against such Producer.A sum satisfactory to Equity shall be deposited as security with Actors' EquityAssociation in a form acceptable to Equity. The entire bond is returnable to theguarantor 30 days after the close of the production or after all the Producer'sobligations have been met, unless a claim has been filed against the Bond, in whichcase the remainder of the Bond shall be returned.No Actor shall work or be required to work or continue in the employment of anyperson or management or any company if and when Equity shall be dissatisfied withthe quality or amount of any security which may be offered or given or requested byEquity to secure the payment of any claim, present or future, of any Actor.62. SOCIAL SECURITY/UNEMPLOYMENT INSURANCE(A) The Actor shall be entitled to the benefit of all Federal and State laws constitutingwhat is commonly known and designated as Social Security Acts and UnemploymentInsurance and the Producer during the term of the Actor's contract shall pay any and alltaxes or payments required to be paid by employers under the provisions of said laws.(B) In the event the services of the Actor are not subject to the compulsory provisions ofan Unemployment Compensation law of any State, then the Producer hereby agreesthat the Producer will elect to cover the Actor and pay contribution on the earnings ofthe Actor under the elective provisions of the Unemployment Insurance Law of the Stateof New York. In the event the Producer is not eligible to elect to come under the stateunemployment compensation (insurance) laws, then the Producer agrees to elect tocome under the unemployment compensation (insurance) laws of the state in which the66

Producer has his principal place of business, the state of the Actor’s residence, or thestate in which the contract of employment was entered.(C) The Producer shall execute and file the necessary forms required by the StateUnemployment Compensation (Insurance) Law under which the Producer has electedto cover the Actor and shall notify the Actor of the Producer's election. The Producershall furnish the Producer's unemployment registration number to the Actor and toEquity as soon as such number is assigned to the Producer.(D) The Producer shall submit proof satisfactory to Equity that the Producer has appliedfor unemployment insurance coverage, and deliver a true copy of the Producer'sapplication to Equity. The Producer warrants and represents that the Producer will notwithdraw such application nor modify nor change it without written consent of Equity.(E) In the event any Producer fails to apply for Unemployment Insurance Coverage orWorkers’ Compensation or withdraws or modifies any application for such coveragewithout the written consent of Equity, or fails to elect coverage within the time requiredby applicable state law, or fails to pay the required insurance contributions to theappropriate state agencies within the time required, the Producer in that event must payto the Actor the equivalent of any Unemployment Insurance and/or Workers’Compensation benefits the Actor may lose as a result thereby. This obligation shallsurvive the termination of the Actor's contract of employment.(F) The Producer shall obtain and maintain Workers' compensation insurance coveragefor all Actors, Stage Managers and Assistant Stage Managers in the Producer's employ.63. STAGE FIGHTING/STUNTSThe ensuing regulations shall be followed whenever a production requires two or moreActors to engage in stage fighting or stunts, with or without weapons:(A) The Actor shall agree in a contract rider to participate in stage fighting or stunts. Allsuch riders shall describe the stage fight or stunt and specify the amount of additionalcompensation, if any, which shall be paid for participation in stage fighting or stunts.Equity shall receive a copy of all such riders.(B) A stunt coordinator (e.g., stunt person, aerialist instructor, professional fly person,etc.) must be hired to teach stunts (unless the Actor performing the stunt is trained inthat stunt specialty). All stage fights will be staged with on-site consultation by aqualified professional (i.e. someone with expertise in stage combat and, whereappropriate, weaponry and/or martial arts).(C) A qualified Fight/Stunt Captain shall be assigned from the company no later than thefirst rehearsal and so designated by rider to the Actor’s contract. Fight/Stunt Captainsshall be paid not less than $50 per week in addition to their weekly contractual salary.Equity shall receive a copy of all such riders.A Fight/Stunt Captain shall be deemed qualified when he has, through industryrecognizedtraining and experience, proven ability to perform and supervise themaintenance of safe stage fighting or stunt-work.67

(D) All Actors who participate in stage fighting or stunts shall run through the routinebefore the first performance of the day, or whenever a cast change in the stage fight orstunt is made. The Fight/Stunt Captain shall lead such run-throughs. Any exception tothis rule shall be at the express discretion of the Fight/Stunt Captain in consultation withthe Stage Manager. Such run-throughs shall not be deducted from regular rehearsalhours.(E) All Actors who perform stunts or stage fighting shall be coached by the Fight/StuntCaptain. At least once prior to the Understudy’s/Replacement’s performance in any roleinvolving stunts or stage fighting, the Fight/Stunt Captain will rehearse those Actorsaffected by the Understudy/Replacement.(F) Whenever possible, performing members of the company shall rehearse fights withUnderstudies during regular rehearsal hours.(G) All stage-fighting/stunt rehearsals shall utilize tumbling mats and other equipmentthat meet U.S.A.G. (United States Association of Gymnastics) guidelines or theequivalent. The Producer shall provide any necessary protective clothing for rehearsaland/or performance. Where tumbling mats and/or other equipment are used inperformance, such items shall meet U.S.A.G. guidelines or the equivalent and shall bedetermined to be appropriate for the stunt by the Fight/Stunt Captain.(H) Proper first-aid information and equipment including portable First Aid kits, stockedwith adequate supplies (including, but not limited to, ice-packs, protective gloves, andeye wash) shall be made available at any rehearsal or performance site.(I) The Stage Manager, Fight Director or Choreographer, Stunt Director and/orFight/Stunt Captain shall consult with artistic personnel appropriate under thecircumstances to achieve the optimum degree of safety and to reasonably protect theActors from injury.(J) If the actual set is unavailable, the Producer shall make available duplicateequipment, i.e. trampolines, teeter boards, mini-tramps and skeleton scaffolding forclimbing, or high leaps and falls. All appropriate mats (i.e. tumbling and crash mats)shall be readily accessible (and in undamaged condition) for these rehearsal and warmuppurposes and shall meet U.S.A.G guidelines.(K) All equipment used in the performance of any stage fight or stunt shall be checkedfor safety purposes prior to each use.64. STAGE MANAGERS/ASSISTANT STAGE MANAGERSStage Managers are covered by all the Rules in this Agreement except wherespecifically stated otherwise.(A) There shall be no less than one Stage Manager and one Assistant Stage Manageremployed in a dramatic production and no less than one Stage Manager and twoAssistant Stage Managers employed in a musical production. A Stage Manager mustbe in attendance at all rehearsals.(B) Except as provided in paragraph (C) below, no Stage Manager or Assistant StageManager shall do work of any nature whatsoever for a Producer without a signedcontract (after security has been properly posted with Equity) and the Stage Manager orAssistant Stage Manager has received instructions from the Producer as to the work.68

(C) The Stage Manager shall be engaged at least two weeks before the beginning ofrehearsals and shall receive at least two weeks’ contractual salary before rehearsalscommence.(1) Upon the signing of a contract between the Stage Manager and the Producer,filed with Equity, signifying the Producer’s intent to employ the Stage Manager,the Stage Manager shall be obligated to perform all pre-production work. TheProducer may require, as part of the aforementioned pre-production work, theStage Manager’s attendance at Principal Interviews/Auditions, Equity Principaland Chorus auditions and open auditions. Prior to such two-week contractualpre-production, any days of interviews and/or auditions that a Stage Managerattends shall be paid for at 1/6 th of contractual salary per day.(2) In the event the Producer fails to offer employment to the Stage Manager forthat production, the Producer shall be obligated to pay the Stage Manager twoweeks’ contractual salary. If the Stage Manager does not accept employment inthe production, the Stage Manager shall be compensated at the rate of 1/6 th ofcontractual salary for each day worked.(D) Replacement Stage Managers who are not promoted from the production shall behired at least one week prior to the date on which they are to take over the production.Replacement Stage Managers (not Assistants from the same show) taking over theduties of Stage Manager during vacation shall be paid on a daily basis when required bythe Producer to familiarize themselves with the requirements of the production beforeassuming duties.(E) In every Company in which Actors signed to an Equity contract are employed, allStage Managers and Assistant Stage Managers shall be employed under an Equitycontract.(F) No Producer or Manager of a production may be employed as a Stage Manager inthat production where the impact of such employment reduces the complement of theStage Managers herein required. No relative of a Producer or Manager of a productionmay be employed as a Stage Manager in that production where the impact of suchemployment reduces the complement of the Stage Managers herein required.(G) Stage Managers and Assistant Stage Managers shall not be permitted to act and/orunderstudy, except in an emergency. In the case of technologically complex or multisetproductions, Equity and the Producer shall jointly determine the need, in order tomaintain appropriate Safe and Sanitary working conditions, for the employment ofadditional non-acting/non-understudying Assistant Stage Managers.(H) An Assistant Stage Manager shall be hired not later than one week prior torehearsals and paid one week’s contractual salary.(1) In the event any Assistant Stage Manager is required to perform preproductionwork prior to the week before the beginning of rehearsals, a contractshall be signed and the same procedure and arrangement that exists for theStage Manager shall be applicable to any Assistant Stage Manager.(2) Any Assistant Stage Manager performing pre-production work prior torehearsals shall be paid 1/6 th of contractual salary for each day worked.69

(I) All other required Assistant Stage Managers must be hired not later than the first dayof rehearsal in which substantially the full complement of the Chorus commencesrehearsal, but in no event later than the end of the first week of rehearsals.(J) Experience Required Because of the responsibilities of the Stage Manager for thesuccess of the production and safety of the Actors, the Producer will use the Producer’sbest efforts to employ a person who is experienced in theatrical stage management.(K) Duties and Obligations of a Stage Manager It is agreed that the Stage Manager’sfunction is a full-time one. The Stage Manager shall not be required to function in areasthat impinge upon the primary duties as a Stage Manager.(1) A Stage Manager signed to an Equity contract is obligated to perform at leastthe following duties for the production to which the Stage Manager is engaged,and by performing them is hereby defined as the Stage Manager. The StageManager shall:(a) Be responsible for the calling and/or coordinating of all rehearsals andnote sessions whether before or after opening;(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 cue 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 heads ofall 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 of eachperformance;(f) Maintain the artistic intentions of the director and the Producer afteropening to the best of the Stage Manager’s ability, which shall include givingnotes, calling brush-up rehearsals of the cast when necessary, and preparingunderstudies and replacements, when and if the director and/or the Producerdeclines 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; and(j) Implement provisions designated by the Producer for the security ofpersonal property and notify the Producer or the Producer’s representativewhen security provisions for Actors’ valuables are not available/operable.70

(2) The following duties are not Stage Managerial duties and members of theStage Managerial staff shall not be required to perform them:(a) Function as stagehands or box office personnel, 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;and(f) Do laundry or handle dry cleaning.However, for additional compensation, those duties may be agreed to by theProducer and the Stage Manager in an agreement separate from the Equitycontract that shall be discussed, issued, and signed subsequent to the signing ofthe Equity contract. The Equity contract shall not be contingent upon the signingof said separate agreement, which shall neither be attached nor ridered to theEquity contract.(3) The following activities are prohibited, and members of the Stage Managerialstaff shall not accept responsibility for:(a) Having contracts or riders signed or initialed or performing any otherfunction which normally comes under the duties of the general or companymanager (which is not to preclude delivery of contracts and/or riders in asealed envelope addressed to the individual Actor);(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 payments (including, but not limited to,salary and per diem) except when such payments are delivered in a sealedenvelope addressed to the individual Actor; or(d) Doing building maintenance, janitorial, or custodial work.(L) There will be at least a ten-hour rest period between the end of work on one day andthe beginning of work on the following day.(M) In the event that for any performance the Stage Manager is not present at thetheatre in his capacity as Stage Manager and no replacement Stage Manager is hired,the First Assistant Stage Manager shall serve in the capacity of Stage Manager andshall receive not less than the minimum salary for Stage Manager for that type ofproduction. Should no replacement Stage Manager be hired and the Second AssistantStage Manager is required to do the work of the First and Second Stage Managers, theSecond Assistant Stage Manager shall receive an additional 1/8 th of his own contractualsalary for a full-length show or an additional 1/10 th of his own contractual salary for a tabshow for that performance.71

This compensation shall commence with the first day of said absence. The full StageManagers’ complement for any particular production shall not be reduced except incase of emergency. Such an emergency shall not be allowed to extend beyond oneperformance day or one rehearsal day.(N) Short-term Stage Managers Stage Managers may be employed on a daily and perperformance basis as follows:(1) A Stage Manager must be signed to an employment contract for all workperformed (including any training) as required by Rule 16, CONTRACT(2) Salary will be no less than the minimum salary for an Assistant StageManager, pro-rated at the rate of 1/6 th of weekly salary per day prior to the firstpublic performance, and 1/8 th of weekly salary per performance after the firstpublic performance.(3) A Short-term Stage Manager substituting for a specific Stage Manager will bepaid at no less than the appropriate pro-rata salary of that Stage Manager'scategory and tier.(4) After a Short-term Stage Manager has worked for three days or fourperformances, whichever occurs first, a Health contribution will be made on thatStage Manager's behalf. Thereafter, a Health contribution will be required afterevery six days or eight performances worked. Said Health contributions will bedue whether or not the days or performances worked are consecutive.(5) Pension contributions as required by Rule 46, PENSION FUND AND 401(k)PLAN will be made on all monies earned by the Short-term Stage Manager.(6) The employment of Short-term Stage Managers is not intended to replaceadditional Assistant Stage Managers as may be deemed necessary underParagraph (G) above.(7) For "advance work" and/or if any Stage Manager is absent for one week ormore, a Temporary Replacement contract of at least one week will be used. It isnot the intent of the parties to replace the employment of Stage Managers onTemporary Replacement Contracts with the employment of Short-term StageManagers.(O) Should the Stage Manager and/or Assistant Stage Manager(s), while providingservices hereunder, be called upon to perform services for any other company of theplay in which the Producer bears a financial interest, the Stage Manager(s) shall be paidnot less than one additional week’s contractual salary (and for days in excess of oneweek, 1/6 th of contractual salary for each day worked). If the Stage Manager orAssistant Stage Manager prepares a script for publication or for use in any other versionof the production, the Stage Manager or Assistant Stage Manager shall be paid no lessthan one additional week’s contractual salary for each version.(P) When the theatre is used for purposes other than the Equity Production and a StageManager is requested to be in the theatre to protect, strike or restore the production orto generally oversee the interests of the Production, said Stage Manager(s) shall becompensated at the overtime rate of $15 per half-hour for a minimum call of threehours.72

(Q) For any services rendered on the Stage Manager’s day off, the Stage Manager shallbe compensated for said services at the rate of two-sixths weekly contractual salary inaddition to said Stage Manager’s usual weekly contractual salary. [See Rule 20, DAYOFF, DAYLIGHT DAY OF REST, AND REST PERIOD](R) If a Stage Manager is called to manage an audition or to rehearse a replacement onthe day following the Stage Manager’s own day-off, said Stage Manager shall becompensated at the overtime rate for a minimum of four hours. [See Rule 20, DAYOFF, DAYLIGHT DAY OF REST, AND REST PERIOD](S) The Stage Manager shall be consulted in the selection of Assistant Stage Managersand Short-term Stage Managers, but the Producer shall retain full and final authority inhis sole discretion to make all employment decisions.(T) Overtime The Producer shall pay overtime at the rate of $15 per one half-hour orpart thereof. [See Rule 54(H), REHEARSALS: Overtime.]Payment for such overtime shall be made no later than the week following the week inwhich such overtime occurred. The Stage Managers in attendance shall be entitled toovertime payment whenever an Actor receives overtime payment.65. TELEVISING, RECORDING and MOTION PICTURE FILMING [See Rule 38, MEDIA:RECORDING AND BROADCAST]66. TERM OF EMPLOYMENTThe Producer guarantees the Actor two consecutive performance weeks ofemployment in addition to any rehearsal time. In the case of an Actor who iscontracted to replace a cast member who has given notice for illness, vacation ortermination and the termination becomes effective one week before the productioncloses, then the replacement Actor shall be guaranteed at least one week'semployment with a minimum of two week's health contribution, when applicable.67. TERMINATION AND CLOSING NOTICES [See also Rule 43, NOTICES](A) Written It is the essence of all employment contracts that all notices, Company andindividual, must be made in writing. Copies of all notices must be filed with or mailed toEquity immediately by the party (Actor or Producer) giving notice.(B) Serving of All notices to the Producer must be in writing and may be given to theProducer personally, the company manager, or the Stage Manager. Notice to the Actormust be in writing and given to the Actor personally, unless the Producer has obtainedthe address of the Actor as registered with Equity, in which case unless otherwiseprovided under the rehearsal provisions, it may be given by mail or telegram. Allcommunications that refer to the Company in general shall be posted upon thecallboard.(C) Before Rehearsal Before the beginning of rehearsals, standard contracts may beterminated as follows:(1) By the Actor An Actor may give written notice to the Producer at any timeprior to three weeks before the reporting date on the face of the contract. Duringthe three weeks prior to the reporting date, said Actor may terminate the contractby paying one week’s contractual salary to the Producer. Said payment, in the73

form of a certified check, cashier’s check, or money order, must accompany thetermination notice in order for such notice to be effective.(2) By the Producer The Producer may terminate the Actor’s contract any timeprior to the reporting date on the face of the contract by giving written notice to theActor and paying the Actor a sum equal to one week’s contractual salarymultiplied by the number of weeks of employment guaranteed in the contract, butin no case less than two weeks’ contractual salary. Said payment mustaccompany the termination notice in order for such notice to be effective.(D) During Rehearsal(1) By the Actor During rehearsals the Actor may not terminate the contract;however, during the rehearsal period, the Actor may give the Producer writtennotice of the Actor’s intention to terminate the contract. The effective date of saidnotice shall be no earlier than two weeks after the first public performance.(2) By the Producer The Producer may terminate the Actor’s contract any timeprior to the first public performance by giving written notice to the Actor andpaying the Actor for all rehearsal to date plus a sum equal to one week’scontractual salary multiplied by the number of weeks of employment guaranteedin the contract, but in no case less than two weeks’ contractual salary. Saidpayment must accompany the termination notice in order for such notice to beeffective and is in addition to any amount owed to the Actor for work done to date.(E) Individual Termination After the First Public Performance(1) Two Weeks’ Notice Either party may terminate the contract on or after thedate of the first public performance of the production by giving the other party twoweeks’ written notice. Once the just cause provisions [see (E)(2) below] are ineffect, however, the Producer may only terminate the Actor’s contract for justcause. The just cause provision is in effect three weeks after the individualActor’s first performance.(2) Just Cause Except for the provisions of (E)(1) above or in the case of a StageManager temporarily replacing another Stage Manager on pregnancy leave, noActor may be terminated except for “just cause.”(a) Where it is alleged that the actor is not performing as required, notice oftermination may be served only if the following procedures have beenobserved:(i) The Actor must have received prior written warning alleging failures toperform as required, which warning must also be served upon Equity;(ii) Such written warning may be in the form of “notes” that are reducedto writing;(iii) The written warning (which may be or include “notes”) shall be overthe signature of the Producer, Director, Choreographer, MusicalDirector, or other person with authority to terminate employment.(b) The notice of termination may not be served unless the Producer,Director, Choreographer, Musical Director, or other person with authority toterminate employment has seen the Actor in performance (in the case of74

understudies, in rehearsal or performance of the part(s) understudies) withinone week prior to the date of the notice of termination.(c) If requested by the Actor in writing, the Producer must furnish the reasonsfor dismissal to the Actor and Equity in writing within two weeks of suchrequest. Equity may then investigate the basis for the discharge. If Equitydesires to challenge the discharge, the matter shall be submitted toArbitration.In the event just cause is not found, the arbitrator’s award shall be limited tomonetary damages, which shall not exceed 15 weeks’ contractual salary.(F) Company Closing Notice The Producer may close the company upon a one-weekwritten 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, but in no event shallthe Actor be paid less than two weeks’ contractual salary. [See also Rule 66, TERM OFEMPLOYMENT] The Producer shall post this closing notice before the curtain up of thelast performance of the week preceding the closing week.(G) Extension of Engagement – Standard Contract The Producer may state acontemplated closing date on the face of the contract. This shall not be considered aguarantee. Should the Producer extend the playing weeks beyond the contemplatedclosing date, the Actor, at the Actor’s option upon announcement of said extension, mayterminate his contract upon written notice, said termination to coincide with thecontemplated closing date as stated on the contract. Written notice under the aboveconditions may be less than two weeks. Should the Actor agree to remain for theextension of the engagement, a written agreement so stating shall be executed and acopy filed with Equity,(H) Effect of Company Notice When an entire Company is closed in accordance withParagraph (F) above, such closing notice shall supersede any individual terminationnotice then outstanding.(I) Payment When the Actor Is Not Allowed to Work Out Notice If the Actor is notallowed or required to work out any notice properly given under the terms of thisAgreement, the Actor shall be paid all amounts due immediately upon the giving ofnotice and may accept other employment.(J) Rights After Giving Notice When the Actor Secures a New Engagement Shouldeither party give the other any notice permitted under this Agreement which terminatesthe Actor’s contract of employment at any future date, and should the Actor have a newengagement, the Actor shall be permitted to attend rehearsals under the newengagement that do not conflict with the Actor’s rehearsals and/or performances underthe Actor’s then-existing contract.(K) Pregnancy [See Rule 33(H), ILLNESS AND SICK LEAVE: Pregnancy Leave.](L) Actor’s Inability to Perform [See Rule 56, REPLACEMENT OF ACTOR]68. TOURS [See Rule 14, CONSECUTIVE ENGAGEMENTS]All tours must be on the appropriate existing Equity Agreement.75

69. TRANSPORTATION AND BAGGAGE(A) Responsibility for The Producer, at the Producer’s own expense, shall transport theActor by a direct and expedient mode whenever the Actor is required to travel. AnyActor employed originally from a point outside of the area in which the theatre is locatedshall be provided return transportation to the same place at the termination ofemployment with the Producer whenever that occurs.(B) 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 noevent shall any agreement provide for a payment to the Actor of a sum less than thecost of applicable public transportation from the place of residence to the theatre andreturn.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 at leastequal to the fare of a direct and expedient mode of transportation, includingtransportation of the Actor to the theatre or lodgings in the community of the theatre’slocation.(C) Tickets or Cash Equivalent The Producer shall furnish the Actor with the necessarytransportation tickets or their cash equivalent at least three days in advance ofdeparture and return.If, in any emergency, it should become impossible for the Producer to comply with theabove conditions, the Producer shall reimburse the Actor in an amount equal to theactual sum spent by the Actor for transportation. In no instance may the Producertake advantage of reduced round-trip fares unless tickets or their cash equivalent aredelivered to the Actor three days in advance of departure.(D) Previous Consecutive Engagement When the Actor has been playing in a previousconsecutive engagement, all tickets or their cash equivalent covering transportationfrom one theatre to another shall be furnished by the Producer at which the Actor hashis next engagement at least three days prior to leaving for said engagement.Should the Producer fail to send these tickets or monies, the Producer of the theatre atwhich the Actor is currently engaged may furnish the Actor with the full cost oftransportation to the next engagement, or the Producer shall provide the Actor withreturn transportation to the Actor’s place of residence.The Producer of the theatre at which the Actor is last employed shall be responsiblefor returning the Actor to the Actor’s residence.(E) Rail Transportation Day coach transportation is limited to 10 hours daily. If trainschedules require transportation in excess of 10 hours or after 10:00 p.m.,transportation shall include individual sleeping accommodations, which shall be no lessthan a roomette.(F) 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, unless theonly air service available does not permit, shall include no more than one stop. Unlessthe Actor requests otherwise, these flights shall take place between the hours of 8:00a.m. and 8:00 p.m. and shall be less than six hours duration with meals provided at theProducer’s expense. The Producer may require the Actor to board a flight that is76

scheduled to depart between the hours of 8:01 p.m. and 7:59 a.m. if the Actor isprovided with a first-class seat. If the Actor consents to travel by air, the Produceragrees to reimburse the Actor for the premium cost of air travel insurance up to theamount of $100,000 purchased by the Actor. Air travel on non-scheduled or privateairlines 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 same degreeof 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.(G) 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 the Actor’sengagement, the Actor shall receive in cash a sum equivalent to the cost of a 14-dayadvance coach airline ticket or the current federal governmental auto travelreimbursement rate, whichever is less.(H) Bus Transportation Bus travel shall be by public carrier duly licensed to carrypassengers by interstate or intrastate commission (regularly scheduled). Such travelshall be between the hours of 8:00 a.m. and 8:00 p.m. and shall not exceed 10 hours.Buses shall be air-conditioned and provide for the maximum comfort of the Actor.(I) Baggage The method of shipment shall be determined by the Producer and specifiedin the contract.(1) The Producer shall pay for the transportation of the Actor’s baggage and/orpersonal effects up to 400 pounds for each Actor.(2) At the start of an engagement where employment is anticipated for 26 weeksor more, the baggage allowance shall be 500 pounds for each Actor.(3) At the end of the engagement, the Producer shall pay to ship not more than anadditional 100 pounds over the weight at the start of the engagement.(4) The Actor shall be responsible for transporting his personal hand baggage toand from the station or airport in the Actor’s city of residence. The Actor shalltake the most reasonable and expeditious mode of transportation and theProducer shall reimburse the Actor for the actual cost each way as set forth anditemized on a form which shall be provided by Equity for this purpose.(J) Local Transportation [See Rule 32, HOUSING](K) Rehearsal/Performance on Travel Days The Actor shall not be required to rehearseor perform until two hours after his arrival at his lodgings.When travel from the Actor's residence to the theatre location on the same day as thebeginning of rehearsals extends that workday beyond eight and one-half hours (i.e.,combined rehearsal hours and travel), the Actor shall be reimbursed at the prevailingrate for such overtime.Said workday is exclusive of the two-hour rest period after arrival. Any invasion of thistwo-hour rest shall require payment at the overtime rate to each Actor involved.77

70. UNDERSTUDIESExcept as provided in Paragraph (K) below, the Actor shall not be permitted tounderstudy unless the Actor’s Contract so provides.(A) All parts for which contracts are issued shall be covered by Understudies.(B) A performing Actor shall be compensated for each Principal role understudied at therate of not less than $40 per week. A General Understudy shall be compensated at therate of not less than $40 per week for each Principal role understudied over four. In noevent shall a performing Actor be permitted to understudy more than four Principalroles. A General Understudy may understudy not more than five Principal roles.(C) Where there are non-enumerated Understudies, the Producer must indicate bycontract rider, at the time the original contract is executed, that there may be more thanone Understudy for the Understudy part contracted and that the Understudy will performat the Producer’s discretion. When a Principal Actor has given advance notice of aleave for vacation or any other purpose, Producer shall provide, absent extraordinarycircumstances, two weeks’ notice to said Understudies and post which Understudy willbe performing for the Actor on leave.(D) Payment for Performance(1) No Understudy shall perform in a Principal part to which said Understudy isassigned without additional compensation.(a) In Full-Length Productions, payment of 1/8 th of an Actor’s own contractualsalary shall be made to the Understudy for any performance in which theActor appears in the capacity of an Understudy to a Principal.(b) In Tab Productions, payment of one-tenth of an Actor’s own contractualsalary shall be made to the Understudy for any performance in which theActor appears in the capacity of an Understudy to a Principal.(c) A cast member understudying a Star billed over the title, if receiving lessthan $200 over minimum (exclusive of increments), shall be paid at least$175 for each performance given in place of the Star.(E) Understudies shall be present at each performance unless the Producer otherwiseconsents.(F) Understudies must be hired not later than one week before the first publicperformance.(1) Understudy of Principal parts assigned to Chorus must be so assigned on newcontracts or riders and salary adjustments made no later than two weeks after thefirst public performance of the production.(2) For Principal Actors, see Rule 29, HIRING “AS CAST”: OBLIGATIONS TOACTOR(G) The Producer shall provide Understudies with script and music. No Understudy shallbe required to perform a part until one week after the Understudy has received thismaterial and until the Understudy has had at least one rehearsal in the part assigned.However, the Understudy may read the part or may perform it if able and willing.78

(H) Understudies shall be in only one company at a time.(I) If a Principal Actor’s employment is terminated, a contract for replacement must benegotiated and signed between the Producer and the Understudy or other replacementno later than two weeks after the Principal’s last performance in the production.(J) If in an emergency the Actor goes on as an Understudy in a Principal part notspecified in the Actor’s contract, the Actor shall be compensated for such performanceat not less than two-eighths of the Actor’s own contractual salary and shall thereafter becontracted and compensated for such Understudy duty at no less than the usualminimum rate, subject to two week termination of the Understudy assignment onlywithout regard to requirements of Rule 67, TERMINATION AND CLOSING NOTICES.An understudy assignment so contracted may exceed the normal limitation on thenumber of understudy assignments provided under Paragraph (B) above for a periodnot to exceed two weeks.(K) Understudies shall be rehearsed in accordance with Rule 54, REHEARSALS(L) Billing See Rule 5, BILLING and Rule 3, ANNOUNCEMENTS: Changes In Cast.71. UNION EMBLEMThe Producer agrees to include the Actors’ Equity Association emblem (logo) in theprogram or Playbill and to insert the following caption beneath it: “The Actors andStage Managers employed in this production are members of Actors’ EquityAssociation, the Union of Professional Actors and Stage Managers in the UnitedStates.” [See Rule 5, BILLING]72. UNION SECURITY AND DUES/INITIATION FEES(A) All Actors who are members of Equity shall, as a condition of employment, continueto be members of the Union in good standing for the life of this Agreement. Allemployees covered by this Agreement who are not now members of Equity shall, as acondition of employment, become members within 31 days following the signing of thisAgreement and shall thereafter remain members of the Union in good standing as acondition of continued employment. All new employees shall, as a condition ofemployment, become members of the Union within 31 days from the date of thecommencement of their employment and shall thereafter continue to be members of theUnion in good standing as a condition of continued employment. As defined andapplied in this Agreement, the phrase "member of the Union in good standing" means aperson who pays initiation fees and dues (or the monetary equivalents thereof) to theUnion as financial obligations in accordance with the requirements of the National LaborRelations Act.(B) Equity shall provide the Producer two weeks’ written notice to discharge any Actor fornon-payment of union dues or initiation fees (or the monetary equivalents thereof).Upon the Actor's failure to make such payment within the aforesaid period, the Produceragrees immediately to discharge the Actor, provided however, that Equity shall withholdits demand for discharge if the Producer undertakes, with the consent of the Actor, towithhold from the Actor's salary a sum sufficient to correct the Actor's delinquency.79

(C) The Producer shall deduct from the Actor's salary and remit to Equity, union dues,plus initiation fees, and assessments provided that the Producer receives timely noticefrom Equity, with proper authorization, agreed to and signed by the Actor.73. VACATIONS(A) Computation Beginning with the first day of employment, the Actor shall accruevacation pay at the rate of 4% of contractual salary received up to a maximum of 4% of$2,000 per week. However, the Actor shall not be eligible for vacation or vacation payunless the Actor has been employed at least 12 consecutive weeks from the first day ofrehearsal.(B) At the end of each six months of employment, the Actor shall be entitled to take oneweek of vacation at the Actor's option in multiples of one-week increments and providedthat vacations may not be taken within 12 weeks of the first public performance.(C) If the Actor chooses to take the vacation, the Actor shall be paid the accruedvacation pay along with the last regular salary payment prior to the vacation. If theActor chooses not to take the vacation, the Actor shall be paid accrued vacation pay assalary in addition to the Actor's contractual salary, or the Actor may elect to bank theaccrued vacation pay in order to allow the Actor to take two weeks of vacation at theend of the year.(D) When the Actor’s contract terminates, the Actor shall receive all accrued vacationpay that has not been previously paid.(E) Notice of Vacation The Actor shall give the Producer no less than four weeks’ noticeof the date of Actor’s intended vacation, which date shall be approved or disapproved inwriting by the Producer within one week thereafter. [See Rule 37(B), LAY-OFF WEEKS]74. VOLUNTARY CLASSESAll Actors are prohibited from attending so-called "voluntary" dance and music classesprior to or during the rehearsal period and prior to the opening, and the Producer shallnot request Actors to attend any such classes.75. DURATIONThis Agreement shall commence on November 19, 2012 and shall expire onNovember 15, 2015. Any new Rules when adopted shall be retroactive to said datesunless otherwise stated.80

Index401(k) Plan 46 .................................................... 47Actor's Obligation 1 .............................................. 1Agents 2 ............................................................... 2Chorus Commission to Agent 2(C) .................. 2Equity Franchise 2(A) ...................................... 2Announcements 3 ................................................ 2Aisles Kept Clear 3(B) ...................................... 2Changes in Cast 3(D) ...................................... 3No Pictures or Recordings 3(A) ....................... 2No Smoking 3(C).............................................. 2Press Releases 3(D)(5) ................................... 3Turn Off Cell Phones 3(A) ................................ 2Auditions 4 ............................................................ 4Agent Calls 4(A)(3) .......................................... 4Audition Code 4(D)(2) ...................................... 6Audition Spaces 4(B)(2) ................................... 4Casting Authority 4(B)(1) ................................. 4Casting Authority 4(D)(4) ................................. 6EEO/Non-Traditional Casting 4(E) ................... 7Equity Audition/Interview Required 4(C) .......... 4Equity Chorus 4(C)(3) ...................................... 5Equity Chorus Replacement 4(C)(4) ................ 6Equity Meetings 4(D)(5) ................................... 6Equity Principal Performer 4(C)(1) ................... 4Equity Principal Replacement 4(C)(2) ............. 5Equity Stage Manager Interviews 4(C)(5) ........ 6General Provisions 4(B) ................................... 4Liability Insurance 4(D)(6) ................................ 6No recording or televising 4(D)(7) .................... 6Notice 4(D)(1) ................................................... 6Number of 4(D)(9) ............................................ 7Performers with Disabilities 4(E)(3) ................. 7Posting Concessions 4(B)(3) ........................... 4Record-Keeping 4(E)(2) ................................... 7Safe and Sanitary 4(D)(8) ................................ 6Billing 5 ................................................................. 8Billing Set Forth in Rider, 5(E) ....................... 11Billing Set Forth in Rider, Breach of BillingClause 5(E)(1) ........................................... 11Free Cast List Picture and Biography Required5(B) .............................................................. 9Free Cast List Picture and Biography Required,Correcting Errors 5(B)(1) ............................. 9Free Cast List Picture and Biography Required,Equity Bio 5(B)(6) ........................................ 9Free Cast List Picture and Biography Required,Equity Logo 5(B)(5) ...................................... 9Free Cast List Picture and Biography Required,Notice of Change in Cast 5(B)(2) ................ 9Free Cast List Picture and Biography Required,Permanent Changes in Cast 5(B)(3) ........... 9Free Cast List Picture and Biography Required,Prohibition of Flash Photography 5(B)(4) .... 9House Boards 5(A) ........................................... 8House Boards, Correcting Errors 5(A)(3) ......... 8House Boards, Equity Logo 5(A)(5) ................. 8House Boards, Failure to Comply 5(A)(6) ........ 8House Boards, Understudies 5(A)(4) ............... 8Removal of Photos, 5(D) ................................ 11Souvenir Programs, 5(C) ............................... 10Souvenir Programs, Actor ID in Photos 5(C)(8)................................................................... 11Souvenir Programs, Company Bios 5(C)(1) .. 10Souvenir Programs, Equity Bio 5(C)(7) .......... 11Souvenir Programs, Equity Logo 5(C)(6) ....... 10Souvenir Programs, Failure to Correct 5(C)(4)................................................................... 10Souvenir Programs, Notice of Changes in Cast5(C)(2) ........................................................ 10Souvenir Programs, Permanent Changes inCast 5(C)(3) ............................................... 10Souvenir Programs, Photos of OtherCompanies 5(C)(9) .................................... 11Souvenir Programs, Prohibition of FlashPhotography 5(C)(5) .................................. 10Binding Effect of Agreement 6 ............................ 12Blacklisting 7 ....................................................... 12Bond 61 .............................................................. 68Breaches by Producer 8 ..................................... 12Callboard 9 ......................................................... 13Info to be Posted on Callboard 10(B) ............. 13Categories and Tiers 10 ..................................... 14Full-Length 10 ................................................ 14Tab 10 ............................................................ 14Tiers 10(B) ..................................................... 14Chorus, Additional Compensation 11 ................. 14Chorus as Understudy 11(B) ......................... 15Chorus as Understudy for Chorus Playing Parts11(B)(2) ...................................................... 15Chorus as Understudy for Principal Role11(B)(1) ...................................................... 15Chorus Playing a Part 11(A) .......................... 14Emergency Understudy for Chorus 11(B)(3) . 15Partial Swing 11(C)(6) .................................... 16Swing 11(C) ................................................... 15Claims 12 ............................................................ 16Time Limit for Lodging 12(B) .......................... 16Waiver or Release Not Permissible 12(A) ..... 16Clothes and Make-up 13 .................................... 16Cleaning and Upkeep 13(C) .......................... 17Costume Rental Schedule ............................. 17Costumes for Understudies and Swings 13(E)................................................................... 18Costumes, Producer Must Provide 13(A) ...... 16Costumes, Rental of 13(B) ............................. 17Facial Masks, Hairpieces and Wigs 13(I) ....... 1981

Hairstyle and Hair Color 13(H) ....................... 19Kneepads and Protective Clothing 13(D) ...... 18Make-up 13(G) ............................................... 19Shoes 13(F) ................................................... 18Consecutive Engagements 14 ........................... 19Continuous Employment 15 ............................... 20Contract 16 ......................................................... 21Attempted Breach 16(E) ................................ 22Changes and Alterations 16(C) ...................... 21Effective Date ................................................. 21Filing Contract 16(D) ...................................... 22Hiring "As Cast" 16(F) .................................... 22Script Required 16(B)(2) ................................ 21Signing of ....................................................... 21Conversion Rights 17 ......................................... 22From Equity Code 17(B) ................................ 23To Subsequent Equity Contract 17(A) ........... 22Costume Calls 18 ............................................... 23Dance Captain 19 ............................................... 24Day off, Daylight Day of Rest, and Rest Period 20....................................................................... 25Changing the Day Off 20(A)(4)(c) .................. 26Changing the Daylight Day of Rest 20(A)(4)(b)................................................................... 26Days Off During Performance 20(A)(3) ......... 25Days off during rehearsal 20(A)(2)................. 25Definitions 20(A)............................................. 25Definitions 20(A)(1) ........................................ 25Posting and Changing 20(A)(4) ..................... 26Rest Period 20(B) .......................................... 26Twi-Night Performances 20(C) ...................... 26Defaulting Employer 21 ...................................... 26Definitions 22 ...................................................... 27Actor 22(A) ..................................................... 27Chorus 22(A)(3) ............................................. 27Contractual Salary 22(B) ................................ 27Disability 22(C) ............................................... 27Employment by Producer 22(D) ..................... 27Gender 22(E) ................................................. 28Part 22(G) ...................................................... 28Principal Actor 22(A)(1) .................................. 27Role 22(H) ...................................................... 28Stage Manager and ASM 22(A)(2) ................ 27Twi-Night Performances 22(J) ....................... 28Work Week and Day 22(F) ............................ 28Deputies and Members 23 ................................. 28Duration of Agreement 75 .................................. 83Duties of the Actor 24 ......................................... 29Equal Employment Opportunity, Non-TraditionalCasting and Nondiscrimination 25 ...... See Rule4(E) Auditions and Rule 41 NondiscriminationEquity, Special Provisions 26 ............................. 29Determination of Classification 26(G) ............ 30Equity Representatives, Free Access 26(A) .. 29Equity's Powers 26(F) .................................... 30Meetings 26(C) ............................................... 29Oral and Written Interpretations 26(E) ........... 30Power to Act for Actor 26(D) .......................... 30Exclusive Service of the Actor 27 ....................... 30Grievance and Arbitration 28 .............................. 31Arbitration 28(B) ............................................. 31Expeditious Arbitration 28(E) ......................... 32Expenses 28(D) ............................................. 31Grievance 28(A) ............................................. 31Time Limit 28(C) ............................................. 31Health Fund 30 ................................................... 33Hiring As Cast, Obligations to Actor 29 .............. 32Holiday Pay 31 ................................................... 33Housing 32 ......................................................... 34Change of Lodging 32(D) ............................... 35Equity Standards 32(C) .................................. 34Local Transportation ...................................... 36No Cost to Actor 32(B) ................................... 34Per Diem 32 ................................................... 34Producer's Obligation to Provide 32(A) .......... 34Security Measures 32(M) ............................... 36Telephone 32(E) ............................................ 35Transportation to and from 32(G) .................. 35Illness and Sick Leave 33 ................................... 36Bereavement Leave 33(G) ............................. 39Disability and Parental Leave 33(E) ............... 37During Performances 33(C) ........................... 37During Rehearsals 33(B)................................ 36Parental Leave 33(E)(2) ................................. 38Pregnancy Leave 33(H) ................................. 39Sick Leave 33(A) ............................................ 36Sick Leave Pay Out 33(D) ............................. 37Unpaid Absence, Emergency 33(F) ............... 38Index ................................................................... 84Injury, Workers’ Comp 34 ................................... 39Supplemental Workers' Comp 34(B).............. 39Juvenile Actors 35 .............................................. 39Away from Home 35(A)(4) ............................. 40Dressing Rooms 35(A)(2) .............................. 40Supervision 35(A)(1) ...................................... 39Working Papers 35(A)(3) ............................... 40Laws Governing 36............................................. 40Lay-off Weeks 37 ................................................ 40Maintain Housing and Per Diem 37(E) .......... 41Transportation for Out-of-Town Actors 37 (D) 41Media Recording and Broadcast 38 ................... 41Advance News Recording 38(D) .................... 43Television Newscast, Three-Minute Excerpt38(C) .......................................................... 42TV or Radio Spot Commercials 38(B) ............ 41Websites 38(E) ............................................... 43Military Service of the Actor 39 ........................... 44No Lock-Outs or Strikes 40 ................................ 44Nondiscrimination 41 .......................................... 44Non-Resident Aliens 42 ...................................... 45Notices 43 ........................................................... 45Copies to Equity 43(A) ................................... 45In Writing 43(B) .............................................. 45Posting of 43(C) ............................................. 45Nudity 44 ............................................................ 45At Interviews/Auditions 44(A) ......................... 4582

At Rehearsals/Performances 44(B) ............... 46Breaches 44(C) .............................................. 46Number in Cast 45 ............................................. 47Pension Fund 46 .......................................... 47, 74Performances 47 ................................................ 47Extra Performances 47(C) ............................. 48Number of 47(A)............................................. 47Payments to Actor 47(D) ................................ 48Performance Rules 47(B) .............................. 48Performances Lost 48 ........................................ 48Photographs 49 .................................................. 49Notice of Photo Calls 49(B) ............................ 49Nudity .................................. See Rule 44 NudityPermanent Replacement of Actor 49(D) ........ 50Photo Calls 49(A) ........................................... 49Photo Credit 49(C) ......................................... 50Subsequent Use 49(E) ................................... 50TV or Radio Commercials ....... See 38(B) MediaRecording and BroadcastUse with Commercial Product or Service 49(F)................................................................... 50Websites See Rule 38(E) Media Recording andBroadcast and Rule 52 PublicityProduction Prosecuted 50 .................................. 50Property, Reimbursement to Actor 51 ................ 51Publicity 52 ......................................................... 52Live Appearances 52(A)(2)(b) ........................ 53Performance Required 52(A)(2) ..................... 52Personal Appearances and Interviews 52(A) 52Transportation Expenses 52(A)(3) ................. 53Recognition........................................................... 1Recordings for Use in Production 53 ................. 53Ensemble Recordings 53(A) .......................... 53Individual or Duet Recordings 53(B) .............. 53Rehearsals 54 .................................................... 54Absence Due to Illness 54(I) .......................... 57Beginning of. 54(A) ........................................ 54Continuous 54(B) ........................................... 54Minimum 54(C) ............................................... 54Notes After Performance 54(G)(7) ................. 57Overtime 54(H) ............................................... 57Rehearsal Salary 54(D) ................................. 54Rehearsals After First Public Performance54(G) .......................................................... 56Rehearsals After Performance 54(G)(6) ........ 57Rehearsals Discontinued or Play Abandoned54(K) .......................................................... 57Rehearsals During Tech Week 54(F) ............ 55Rehearsals for Understudies andReplacements 54(L)&(M) .......................... 58Rehearsals Lost 54(J) .................................... 57Rehearsals Prior to Tech Week 54(E) ........... 55Rehearsals Substituted for Performance 54(N)................................................................... 58Span of Day 54(O) ......................................... 58Reopening of a Production 55 ............................ 59Replacement of Actor 56 .................................... 59Reports 57 .......................................................... 60Failure to File 57(D) ....................................... 60W-2 Forms 57(A) ............................................ 60Weekly Report to Equity 57(B) ....................... 60Safe and Sanitary Conditions 58 ........................ 60Actor's Responsibility 58(S) ........................... 64Aisles 58(D) .................................................... 62Cots 58(H) ...................................................... 62Dance Surfaces 58(E) .................................... 62Dressing Rooms 58(A) ................................... 60Drinking Water and Cups 58(K) ..................... 63Fire Safety 58(N) ............................................ 63Firearms 58(F) ............................................... 62First Aid Kits 58(I) ........................................... 63Flash Photography 58(G) ............................... 62Food Service During Performance 58(V) ....... 65Guide Lights 58(C) ......................................... 62Inspection and Compliance 58(T) .................. 64Intercom System 58(J) ................................... 63Lavatory and Toilet Facilities 58(B) ................ 61Medical Services 58(M) .................................. 63Raked Stage 58(O) ........................................ 63Smoking Areas 58(P) ..................................... 63Utilities 58(L) .................................................. 63Salaries 59 .......................................................... 65Actual Salary 59(F) ........................................ 67Additional Duties 59(G) .................................. 67Check Cashing 59(C) ..................................... 66Contingent Compensation 59(E) .................... 66Minimum Weekly Rates 59(A) ....................... 65Overtime 59(K) ............................................... 68Payment Due 59(D) ....................................... 66Per Diem 59(I) ................................................ 67Set Moves 59(H) ............................................ 67Tier Bump-Up 59(B) ....................................... 66Secret Vote 60 .................................................... 68Security Agreements and Bond 61 ..................... 68Posting of Bond 61(B) .................................... 68Security Agreements 61(A) ............................ 68Social Security 62 ............................................... 69Stage Fighting 63 ............................................... 69Stage Managers/ASMs 64 ................................. 71Activities Prohibited 64(K)(3) ......................... 73Duties and Obligations 64(K) ......................... 72Duties Not Required 64(K)(2) ........................ 73Experience Required 64(J) ............................ 72Overtime 64(T) ............................................... 75Rest Between Work Days 64(L) ..................... 74Short-Term SMs 64(N) ................................... 74Work on Day Off 64(Q) .................................. 75Televising, Recording and Motion Picture Filming65 ....................................... See Rule 38, MediaTerm of Employment 66 ..................................... 75Termination and Closing Notices 67 .................. 76Actor's Inability to Perform ............ See Rule 56,Replacement of ActorBefore Rehearsal 67(C) ................................. 76Company Closing Notice 67(F) ...................... 77During Rehearsal 67(D) ................................. 7683

Effect of Company Notice 67(H) .................... 78Extension of Engagement 67(G) .................... 78Individual Termination After First PublicPerformance 67(E) .................................... 76Just Cause 67(E)(2) ....................................... 77Payment When Actor is Not Allowed to WorkOut Notice 67(I) ......................................... 78Pregnancy ...... See Rule 34(H), Illness and SickLeaveRights After Giving Notice When Actor SecuresNew Engagement 67(J) ............................. 78Serving of 67(B) ............................................. 76Two Weeks’ Notice 67(E)(1) .......................... 77Written 67(A) .................................................. 76Transportation and Baggage 69 ......................... 78Air Travel 69(F) .............................................. 79Automobile Travel 69(G) ................................ 80Baggage 69(I) ................................................ 80Bus Transportation 69(H) ............................... 80Local Transportation ....... See Rule 33, HousingManner and Route 69(B) ............................... 78Previous Consecutive Engagement 69(D) ..... 79Rail Transportation 69(E) ............................... 79Rehearsal/Performance on Travel Days 69(K)................................................................... 80Responsibility For 69(A) ................................. 78Tickets or Cash Equivalent 69(C) .................. 79Understudies 70 ................................................. 81Payment for Performance 70(D) .................... 81Performing Actor Compensation 70(B) .......... 81Unemployment Insurance 62 ............................. 69Union Emblem (Logo) 71 ................................... 82Union Security and Dues/Initiation Fees 72 ....... 82Use of Casino Agreement .................................... 1Vacations 73 ....................................................... 83At Contract Termination 73(D) ....................... 83Computation 73(A) ......................................... 83Notice of 73(E) ............................................... 83Voluntary Classes 74.......................................... 83Websites 38(E) ................................................... 4384