Guest Artist Guidelines and Application - Actors

Employing Actors and Stage ManagersUnder the Guest Artist AgreementGuidelines and ApplicationEastern Region165 W 46th StreetNew York, NY 10036Telephone: 212-869-8530Fax: 212-719-9815Central Region557 W Randolph Street, 3 rd FloorChicago, IL 60661Telephone: 312-641-0393Fax: 312-641-6365Western Region6755 Hollywood Blvd., 5 th FloorHollywood, CA 90028Telephone: 323-978-8080Fax: 323-978-8081© Actors' Equity Association. All Rights Reserved.

The following guidelineprovides an overview ofthe Actors’ Equity GuestArtist Agreement. Ifyou have any questions,feel free to contact anEquity Business Representative.We’rehappy to assist you.1. Who may utilize thiscontract? Universities, non-profit communitytheatres and non-profit groups operatingwithin an educational or communityframework may secure the services of professionalActors, by obtaining permission fromEquity.2. How do I obtainpermission? Actors’ Equity endeavorsto satisfy requests to employ Guest Artists anddoes not arbitrarily withhold the granting ofsuch permission. However, consideration isgiven to the nature of your organization, sizeof company, performance schedule, and therelationship to professional theatrical activitiesin the area. Please be sure that your applicationfor the employment of an Actor is approvedwith the appropriate Equity BusinessRepresentative before any public announcement.Whenever possible, permissionwill be granted as soon as Equity has had theopportunity to investigate the request.The granting of permission for an Actor toappear on a Guest Artist Agreement is doneon an individual basis only. It is necessary foryou to make application to Equity each timeyou wish to engage an Actor. The granting ofpermission for one Guest Artist can in no waybe construed as establishing a precedent forothers.3. How do I contact an EquityActor? Equity can provide assistanceaccessing the Equity talent pool or with auditions,should you need help. If you makecontact directly with the Actor or the Actor'sagent, it is still necessary to seek the approvalof Equity to engage the Actor.4. How many Actors may Iemploy in my show? Barring specialcircumstances, no more than three Actors andone Stage Manager shall be hired in anyproduction under this agreement. If three ormore Actors are employed, a Stage Managermust also be employed under the Guest ArtistAgreement.5. May Actors be hired asindependent contractors or on afee basis? No. Actors and StageManagers do not meet state or federal criteriaas independent contractors. (If an Actor isemployed via his personal service corporation,please contact Equity for further information.)Thus, federally required employer contributionsto Social Security, Medicare and unemploymentmust be made, as well as staterequiredcontributions to Unemployment andWorkers’ Compensation insurance programs.These amounts are in addition to the salaryand pension and health contributions and maynot be waived.Paymasters. In the event you are not setup as an employer and are unable to procureWorkers’ Compensation, UnemploymentInsurance or provide payroll deductions, thereare organizations, known as paymasters,through whom you may procure theseservices. Please call the Equity office forfurther information.Unemployment Insurance. Equityrequires that Actors employed under Equitycontract receive the benefits provided by theUnemployment Insurance laws of the state inwhich the Actor performs, or through the voluntaryprovisions of the New York or NewJersey State Unemployment laws. Should itbe impossible to comply with this provision, itwill be necessary to contact Equity beforesigning any agreements. A Business Rep candiscuss procedures that may enable you tosecure coverage.6. Tell me about salary, pension,health and Working Dues.Salaries. Minimum weekly salaries for therun of the contract are based on the maximumnumber of performances in any one week. Forexample, if you have two performances oneweek and five performances the next, theappropriate Tier for the run of the contract,rehearsal and performance, would be Tier 2.Tier I minimums are $300 for the Actor, $360for the Stage Manager; Tier II minimums are$400 for the Actor, $480 for the Stage Manager;Tier III minimums are $510 for the Actor,$612 for the Stage Manager. In cases wherethe engagement is one week or less the applicableminimum is $50 more. (See TierTable)Equity establishes minimum salaries only andencourages Actors and their employers tonegotiate above these minimums wheneverpossible.How much do I pay for overtime?Overtime is $12 per each half hour or partthereof. If the 12-hour rest period is invaded,overtime is $20 per half hour or part thereof.(See Tier Table)How about per diem? Minimum perdiem is $22 for all out-of-town Actors. (SeeTier Table)When do I pay the Actor? Salary andper diem are paid weekly, no later than theevening of the Thursday of that week's work.What is an Equity Work Week? TheEquity work week runs from Monday throughSunday. The first week of rehearsal may bepro-rated, 1/6 th of contractual salary for eachday, if the Actor’s first call is late in the week.(The health insurance contribution may not bepro-rated.)What about pay stubs? Whether paidby check or by cash, the Actor must be issueda record of gross salary; an itemization of extraordinarypayments (overtime, clothingrental, etc.), itemized deductions, and net salaryfor his records.How much are the pension andhealth payments? Contributions on theActor’s behalf to the Equity-League Pensionand Health Trust Fund are made by theemployer. These contributions are notdeducted from the Actor's salary. The pensioncontribution is 8% of the Actor's grosssalary. The health contribution is $145 underTier I, $165 under Tier II, $167 under Tier III,and is paid per Actor per week or any partthereof. (See Tier Table) These contributionsprovide medical insurance and help accruepension credits for the Artist. (Copies of theplans are available upon request.)What about Working Dues?Currently, 2.25% of the Guest Artist’s totalgross salary must be deducted and forwardedto Equity as the Actor’s dues obligation toEquity. It is not a cost borne by you.7. How many hours and performancesper week are allowed?Rehearsal Week Hours. Prior to thefirst public performance, the total work weekincluding performance, rehearsals, costumecalls, photos and classes shall be no morethan 25 hours per week under Tier I, 32 hoursunder Tier II, 42 hours under Tier III. (See #6Overtime & Tier Table)Performance Week Hours. After thefirst public performance, the total work weekincluding performances, rehearsals, costumecalls, photos, and classes shall be no morethan 15 hours per week under Tier I, 22 hoursunder Tier II, 32 hours under Tier III. (See #6Overtime & Tier Table)

How many performances perweek are permitted? Tier I allows for amaximum of three per week. Tiers II and IIIallow for a maximum of five and eight perweek, respectively. (See Tier Table) (Oneadditional performance per week beyond theweekly maximum may be scheduled underTiers I, II, and III, 1/3, 1/5, and 1/8 of contractualsalary, respectively, must be paid forsuch additional performance.) In no eventmay there be more than five performances inany three consecutive days.What is the span of day? The span ofday is 7 out of 8 1/2 consecutive hours underTier I, 7 out of 10 under Tier II, and 7 out of 12under Tier III. (See Tier Table) There maybe no less than a 12-hour rest period betweenthe end of employment on one day and thebeginning of employment on the next day.(See #6 Overtime & Tier Table)8. Days off? Two scheduled full days offin each week, which need not be consecutive,are required under Tier I, one scheduled fullday off each week is required under Tiers IIand III. (A full day off is one which is free ofrehearsals, performances and/or teachingresponsibilities and is 24 hours, in addition tothe 12 hours required at the end of each day.)9. Do I provide housing for theActors? Out-of-town Actors are providedhousing at no cost to the Actor. Each Actor isprovided a single, private bedroom. (If youcannot provide the accommodations, you mustconsult with Equity prior to issuing contracts.)An Out-of-town actor is any actor who’s homeaddress, as listed with Equity, is fifty (50) milesor greater from the theatre.10. What about transportation?For out-of-town Actors, the Producer providesround-trip transportation in the form of anairline ticket or cash at least three days beforethe Actor's departure for the place ofengagement. All transportation costs,including taxis, baggage handling andgratuities, must be paid by the Producer.11. What about local transportation?If local transportation is necessaryfrom the Actor’s residence to the theatre, theProducer provides this transportation.12. OK, I’d like to hire an Actor.What do I do now?> Complete an Application. Once aGuest Artist has agreed generally to the termsof employment, the Producer or the institutionmust contact Equity to secure permission toengage the Actor. The employer must describethe theatre organization and proposedproduction by completing the Guest ArtistAgreement Application (Attached). Thisapplication should be sent to Equity as far inadvance of the visiting Actor's reporting dateas possible.The Actor’s employment may not begin untilEquity has issued and received the properlyexecuted contract.> Hold Auditions. (See #3 above.)> Secure the Checks. Once thecommitment has been made to hire the Actorand permission from Equity has been granted,requisition for payment should be made by theappropriate fiscal representative in sufficienttime to draw the necessary checks. Specialattention should be given to this by collegesand other operations where there is no weeklypayroll. (See #5 and #6 above.)To whom and for what do I makeout the checks? In lieu of a securitydeposit or bond, which is customary in thetheatre, you must post with Equity four (4)certified, cashier's or university checks ormoney orders:(1) Actor’s Paychecks. The first twochecks are the final two paychecks for theActor, made payable to the Actor in the netamount, one check for each week. (Equityholds these checks and remits them to theActor during the final two weeks ofemployment.)(2) Pension & Health Check. Thethird check is payable to the Equity-LeaguePension and Health Trust Fund to cover thetotal pension and health contributions.(3) Working Dues Check. The fourthcheck is payable to Actors' Equity Association,in the current amount of 2.25% of the Actor'stotal gross salary, to cover the Actor’s workingdues obligation.Then you’ll send me thecontracts? Upon receipt of the checksdescribed above, Equity will generate and forwardthe contract to you for signing.13. I’ve received the contract.How do I complete it? You mustsign the contract before the Actor. You andthe Actor each get two copies — one to keepand one to file with Equity.14. Script, Rehearsal andPublicity Schedules, Videotaping.Once an agreement is reached, you shouldprovide the Actor with a script and schedulesfor rehearsal and press obligations.Publicity. Actors are not required to dopublicity; however, the Actor may agree to dopublic relations with reasonable notice. Publicitymay not include any performance ofmaterial from the production.May I videotape the production?In most cases, no. It is necessary to consultwith Equity prior to any taping or filming.15. What if I want the Actor toteach a class? If the Actor is hired as anActor/Teacher, the teaching responsibilitiesmust be clearly defined by means of a rider.Also, the work week schedule must be incompliance with the Equity work week.Teaching, except for question-and-answersessions for which no preparation is expectedor required, is counted as two hours for eachhour of work against the allotted maximumallowed under each Tier.16. I’d really like to have anActor do another part, but I didn’tinclude it on the contract. Whatdo I do? An Actor may not do additionalwork without agreement between the Actorand you, the Producer, and additionalcompensation. Additional work is defined aswork not specified in the Actor's contract at thetime of its signing. (Additional duties arecontracted by rider with copies sent to theActor and to Equity.)17. What about billing in the program?All Actors provide a biography forthe program, and changes by the Producermust be approved by the Actor before printing.All Actors engaged under the Guest ArtistAgreement are listed on the title page or castlist page of the theatre’s program with anasterisk (*) next to their names. The asteriskrefers to a program note which reads: “TheActor appears through the courtesy of Actors'Equity Association, the Union of ProfessionalActors and Stage Managers in the UnitedStates.”18. What about costumes? The Producerprovides and maintains all costumes,including wigs, hats, beards, hairpieces, tightsand hose, and properly fitted footwear. (Actormay agree to use items from their personalwardrobe, with a rental agreement set forth ona rider to the contract. Contact Equity for theappropriate terms and rider.)19. Dressing rooms? The Actor is to beprovided a private dressing room, if possible,and must have (or be in close proximity to) toiletfacilities.20. Anything else? The Guest ArtistAgreement includes, by reference, all itemscontained in this guideline as an obligationand responsibility. All other rules will be mutuallyagreed upon between the employer andEquity. If unable to agree, Equity’s decisionwill be final. Equity will make its decisionsbased upon, and by reference to, custom andusage in the industry as appropriate.To obtain a copy of the Guest ArtistAgreement Work Rules, contact your localEquity office or visit www.actorsequity.org.(Rev. 08/31/10)

Tier Structure Highlights T ier I T ier II T ier IIIMaximum Performances Per Week 3 5 8Maximum Weekly Hours Before/After 1 st Public Performance 25/15 32/22 42/32Span of Day 7 of 8 1/2 hours 7 of 10 hours 7 of 12 hoursMinimum Weekly Actor Salary $300.00 $400.00 $510.00Minimum Weekly SM/ASM Salary $360.00 $480.00 $612.00Engagement of 1 Week or LessOvertime$50.00 in addition to minimums listed above$12.00 and $20.00 per 1/2 hourHealth Contribution $145.00/Week $165.00/Week $167.00/WeekPension ContributionMinimum Per Diem8% of salary$22.00 per day ($154.00 per week) for Out-of-Town ActorsAdditional Performance Payment 1/3 1/5 1/8The following worksheet may be used to assist you in determining the compensation package for your production.Important!Applications may be mailed or faxed to the appropriate Equity office (see cover). Please submit as soon as possible.Upon receipt, you will be notified regarding the amounts needed to process your contracts. It may take a minimum ofthree weeks from the date your checks arrive at Equity to process your request, so please plan accordingly.No Equity actor or stage manager may begin rehearsals without having signed an Equity contract.Do NOT send checks until your application has been processed, approved, and you receive a permission letter.

Application to Employ Actors Under the Guest Artist AgreementComplete and submit to the appropriate Equity office at least three weeks prior to the first rehearsaldate. After this application has been processed by Actors' Equity Association, you will be notified ifpermission has been granted.Date of Application: ______________________EMPLOYER INFORMATIONProducing Organization:Address:City: State: Zip: Phone: Fax:Federal ID #: 501.C.3. Non-Profit? Yes No If yes, registration #.Are you affiliated with an educational institution? Yes No If yes, name:Has your organization utilized other Equity contracts? Yes No If yes, which one(s)?:Will salary be paid through Producing Organization’s Payroll Paymaster? If Paymaster, list name, address, phone:Paymaster’s Name:Phone:Paymaster’s Address:Complete the following three items based on the organization through which salary will be paid. (Producer or Paymaster)Federal ID #:Unemployment Insurance Registration Number :State:Workers’ Compensation Carrier: Policy #:Producing Organization Contact:Title:Address:Email:City: State: Zip: Phone: Fax:Name of Producer Authorized to Sign Contract(s):Phone: Fax: Email:PRODUCTION INFORMATIONShow Title:Type:First Rehearsal Date: Opening: Closing:# of Rehearsal Weeks: # of Performance Weeks: # of Performances per week (Mon-Sun):Theatre Facility:Address:City: State: Zip: Box Office Phone:Backstage Phone: Seating Capacity: Ticket Prices:Stage Type: Floor Type: Bar Service: Yes No Food Service: Yes No