BALLET WEST/AMERICAN GUILD OF MUSICAL ARTISTS

BALLET WEST/AMERICAN GUILD OF MUSICAL ARTISTSBASIC AGREEMENT

TABLE OF CONTENTSPageSECTION I. THE AGREEMENT ...............................................................................................1A. TITLE OF AGREEMENT: SUCCESSORS AND ASSIGNS .................................1B. TERM OF AGREEMENT..........................................................................................1C. SEVERABILITY .........................................................................................................1SECTION II. DEFINITIONS.......................................................................................................2A. APPRENTICE ARTIST..............................................................................................2B. ARTIST.........................................................................................................................2C. ARTIST ACTIVITY....................................................................................................2D. BALLET WEST II DANCER.....................................................................................3E. CITY OF ORIGINATION..........................................................................................3F. COMPANY CLASS.....................................................................................................3G. COMPANY ARTIST...................................................................................................3H. CORPS ARTIST ..........................................................................................................3I. CORPS DE BALLET ARTIST ..................................................................................3J. DELEGATE .................................................................................................................4K. DEMI-SOLOIST ARTIST..........................................................................................4L. DRESS REHEARSAL.................................................................................................4M. EMERGENCY REHEARSAL ...................................................................................4N. EXTRAORDINARY RISK.........................................................................................5O. FREE DAY ...................................................................................................................6P. GUEST ARTIST ..........................................................................................................6Q. INTERMISSION..........................................................................................................6ii

R. MASTER CLASS ........................................................................................................6S. NEW ARTIST ..............................................................................................................6T. OVERTIME .................................................................................................................7U. PENALTY ....................................................................................................................7V. PERFORMANCE........................................................................................................7W. PERFORMANCE SERIES.........................................................................................7X. PERFORMANCE WEEK...........................................................................................7Y. PREVIEW PERFORMANCE....................................................................................7Z. PRINCIPAL ARTIST .................................................................................................7AA. REHEARSAL WEEK .................................................................................................8BB. REST TIME .................................................................................................................8CC. RUN-OUTS...................................................................................................................8DD. SCHOOL PERFORMANCE......................................................................................8EE. SENIOR ARTIST ........................................................................................................8FF. SENIOR SOLOIST ARTIST......................................................................................8GG. SENIORITY .................................................................................................................8HH. SOLOIST ARTIST ......................................................................................................8II.SPACING REHEARSAL............................................................................................9JJ. SUPPLEMENTAL ARTIST.......................................................................................9KK. WARM-UP ...................................................................................................................9LL. WEEK ...........................................................................................................................9SECTION III. GENERAL PROVISIONS ................................................................................10A. APPLICATION OF BENEFITS ..............................................................................10B. AGMA RECOGNIZED.............................................................................................11C. MANAGEMENT RIGHTS.......................................................................................11iii

D. INDIVIDUAL ARTIST CONTRACT .....................................................................11E. JUST CAUSE .............................................................................................................11F. LOWERING OF MINIMUMS AND WAIVERS PROHIBITED ........................12G. DELEGATES .............................................................................................................14H. BOARD OF DIRECTORS........................................................................................14I. JOINT COMMITTEE...............................................................................................14J. REPRESENTATION ................................................................................................15K. AGMA REPRESENTATIVE: ADMISSION TO PREMISES.............................15L. AGMA BULLETIN BOARD....................................................................................16M. CONTRIBUTION TO EMPLOYER PROHIBITED ............................................16N. PAYMENT OF SALARIES......................................................................................16O. SECURITY DEPOSIT/BOND..................................................................................17P. NON-PAYMENT OR PARTIAL PAYMENT OF SALARIES ............................18Q. DEDUCTIONS...........................................................................................................18R. SOCIAL SECURITY, WORKERS’ COMPENSATION FUND,DISABILITY..............................................................................................................20S. ARBITRATION.........................................................................................................20T. LOCKOUTS AND STRIKES...................................................................................21U. FORCE MAJEURE...................................................................................................21V. NOTICES....................................................................................................................22W. ABSENCE OF MANAGER......................................................................................22X. SAFEKEEPING OF VALUABLES.........................................................................22Y. GOVERNING LAW..................................................................................................22Z. DISCRIMINATION FORBIDDEN .........................................................................22AA. SEGREGATION........................................................................................................23iv

SECTION IV. EMPLOYMENT CONDITIONS......................................................................24A. EMPLOYMENT PROVISIONS ..............................................................................24B. LAYOFFS...................................................................................................................29C. ADDITIONAL WORK .............................................................................................30D. GUESTING ................................................................................................................30E. TEMPORARY RELEASE FROM CONTRACT...................................................31SECTION V. COMPENSATION & BENEFITS .....................................................................32A. MINIMUM WEEKLY COMPENSATION ............................................................32B. ADDITIONAL COMPENSATION .........................................................................33C. SPECIAL FEES .........................................................................................................34D. ARTISTS’ RESOURCE FUND................................................................................35E. BENEFITS..................................................................................................................36SECTION VI. REHEARSAL/PERFORMANCE CONDITIONS..........................................45A. GENERAL PROVISIONS........................................................................................45B. REHEARSAL CONDITIONS..................................................................................51C. PERFORMANCE CONDITIONS ...........................................................................53D. POSTING OF SCHEDULES....................................................................................56E. COSTUMES, SHOES, WIGS AND MAKE-UP ....................................................57SECTION VII. TOUR/TRAVEL PROVISIONS .....................................................................67A. GENERAL TRAVEL PROVISIONS ......................................................................67B. METHODS OF TRANSPORTATION....................................................................72SECTION VIII. MEDIA/PUBLICITY/PROMOTIONAL MATERIAL...............................76A. PROGRAM LISTING/PUBLICITY MATERIAL ................................................76B. FILMING, BROADCASTING, TELEVISION, ETC............................................76C. PHOTOGRAPHY......................................................................................................80v

BALLET WEST/AMERICAN GUILD OF MUSICAL ARTISTSBASIC AGREEMENTAGREEMENT made, executed, and delivered in the city of Salt Lake City, County ofSalt Lake, and State of Utah, this 26 day of August, 2008, by and between theAMERICAN GUILD OF MUSICAL ARTISTS, a membership corporation organizedand existing under and by virtue of the laws of the State of New York and having itsprincipal office at 1430 Broadway, New York, New York 10018 (hereinafter “AGMA”)and BALLET WEST, a non-profit corporation organized under the laws of the State ofUtah, having its principal place of business at 50 West 200 South, Salt Lake City, Utah,84101 (hereinafter “EMPLOYER”).W I T N E S S E T H:In consideration of the mutual agreements herein contained, the parties agree as follows:SECTION I. THE AGREEMENTA. TITLE OF AGREEMENT: SUCCESSORS AND ASSIGNSThis Agreement shall be known as the Agreement and shall be binding upon andshall inure to the benefit of the signatories hereto and upon any successors,affiliates, subsidiaries, assignees or any entity or person associated in any mannerwith the EMPLOYER, directly or indirectly, or through agents or independentcontractors.B. TERM OF AGREEMENTThe term of this Agreement covering rehearsal and performance periods shall beeffective as of June 1, 2008, and shall continue in effect until June 30, 2011. Thefirst year will end on June 30, 2009. All contracts with ARTISTs which expireafter that date shall be deemed subject to such new Agreement as may be enteredinto between AGMA and the EMPLOYER for the next or succeeding contractyear.C. SEVERABILITYIf any provision of this Agreement shall be held invalid under existing or futureUtah or Federal law, it shall be deemed separable from the remainder of thisAgreement, and it shall not affect the validity of any other provision thereof.1

SECTION II. DEFINITIONSWhenever used in this Agreement, unless otherwise provided:A. APPRENTICE ARTIST – APPRENTICE ARTIST shall be defined as anARTIST so designated by the Individual Artist’s Contract and/or publicannouncement, programs or other literature issued by the EMPLOYER.2. EMPLOYER may not designate an ARTIST as an APPRENTICEARTIST if the ARTIST danced twenty (20) weeks or more in the precedingtwelve (12) months in a professional ballet company.An APPRENTICE ARTIST II is an ARTIST who has served the previous year asan APPRENTICE ARTIST I, or is so designated by the EMPLOYER in theIndividual Artist’s Contract for Employment and/or the public announcement,programs or other literature issued by the EMPLOYER. An ARTIST shall not beconsidered an APPRENTICE ARTIST I or II because of an erroneous orinadvertent designation as such in any company announcement or literature. In noevent shall EMPLOYER hire an ARTIST as an APPRENTICE ARTIST II, whohas been engaged in a rank higher than that of an apprentice artist in aprofessional ballet company.B. ARTIST - shall be defined as COMPANY ARTISTs, GUEST ARTISTs, andSUPPLEMENTAL ARTISTs, engaged by the EMPLOYER, but shall not includestudents, members of Ballet West II, or members of any other pre-professionalprogram.C. ARTISTIC EVALUATION – shall be defined as a meeting scheduled byEMPLOYER for the purpose of satisfying Section IV. A. 6 of the BasicAgreement.D. ARTISTIC MEETING – shall be defined as any meeting scheduled byEMPLOYER in which the Artistic Director meets with an ARTIST to discussanything that would call for a response that cannot be addressed in forty-eight(48) hours or that does not involve information regarding an issue that is takingplace within forty-eight (48) hours.E. ARTIST ACTIVITY – shall be defined as, without limitation:1. Any Performance, rehearsal, School Performance, Lecture Demonstration,notes, make-up call, wigs or costume call, costume fitting, photo orinterview, Run-Out, tour or travel counted from the time when theARTIST is required to be present.2. The EMPLOYER shall compensate ARTIST for any activity in whichARTIST is required to participate.3. All Artist Activities require forty-eight (48) hours notice2

F. BALLET WEST II DANCER – shall be defined as a Pre-Professional ARTIST,who may participate in an ARTIST ACTIVITY as outlined in Section IV A. 5. ofthis Agreement.G. CITY OF ORIGINATION – shall be defined as Salt Lake City (SLC), Utah. Anengagement will be considered outside the City of Origination if such engagementtakes place more than a radius of thirty (30) miles from the Capitol Theater.H. COMPANY CLASS – shall be defined as a one (1) hour to one and one-half(1 ½) hour class for the purpose of maintaining and improving ARTISTs’ craftand warming up for the day’s work.I. COMPANY ARTIST – shall be defined as an ARTIST who has been sodesignated by the EMPLOYER, in the Individual Artist’s Contract foremployment and/or the public announcement, programs or other literature issuedby the EMPLOYER, as one of the following:1. APPRENTICE I2. APPRENTICE II3. NEW ARTIST4. CORPS ARTIST5. SENIOR ARTIST6. DEMI-SOLOIST ARTIST7. SOLOIST ARTIST8. SENIOR SOLOIST ARTIST9. PRINCIPAL ARTISTAn ARTIST shall not be considered a COMPANY ARTIST because of anerroneous or inadvertent designation as such in any company announcement orliterature.J. CORPS ARTIST – shall be defined as an ARTIST who has been so designatedby the EMPLOYER, in the Individual Artist’s Contract for Employment and/orthe public announcement, programs or other literature issued by the EMPLOYER.An ARTIST shall not be considered a CORPS ARTIST because of an erroneousor inadvertent designation as such in any company announcement or literature.K. CORPS DE BALLET ARTIST – shall be comprised of NEW ARTISTs,CORPS ARTISTs, SENIOR ARTISTs, and DEMI-SOLOIST ARTISTs.3

L. DELEGATE – shall be defined as an ARTIST elected by the ARTISTs to serveas a liaison between ARTISTs, AGMA, and EMPLOYER.M. DEMI-SOLOIST ARTIST – shall be defined as an ARTIST who has been sodesignated by the EMPLOYER, in the Individual Artist’s Contract foremployment and/or the public announcement, programs or other literature issuedby the EMPLOYER. An ARTIST shall not be considered a DEMI-SOLOISTARTIST because of an erroneous or inadvertent designation as such in anycompany announcement or literature.N. DRESS REHEARSAL – shall be defined as an Artist Activity in which thefollowing elements are utilized:1. All scenery, lighting, props and costumes;2. Full orchestra or performance music;3. All performing ARTISTs appear in full costume and/or make-up,and which;4. May include an invited audience;5. The EMPLOYER, absent unforeseen circumstances, runs as aperformance and in performance order with the following conditions:a. There is a one-half (½) hour call (counted as part of the day’srehearsal time);b. Intermissions and pauses will occur as in the actual performance;c. There are no notes given to an ARTIST during Intermissionsunless such ARTIST has made his/her final appearance on stage,or unless related to a safety issue; andd. Notes may be posted for ARTIST’s review.6. Whenever there is an audience of two hundred (200) or more the DressRehearsal shall be considered a full Performance, and be counted as such.O. EMERGENCY REHEARSAL – An Emergency Rehearsal is defined as arehearsal necessitated by the inability of an ARTIST to appear in a performanceand when no appropriate second or alternative cast is available. EmergencyRehearsals shall include circumstances or events of which the EMPLOYER hadnot been advised more than forty-eight (48) hours in advance. When the ARTISTis unable to give the EMPLOYER twenty-four (24) hours’ notice, the4

EMPLOYER may change the rehearsal schedule only on a performance day or aDress Rehearsal day, thereby making use of two (2) hours of rehearsal timeavailable to the EMPLOYER. Any such change shall be posted no later than two(2) hours after the EMPLOYER is informed about the emergency or no later thanby class time on the next day if such notice is received after two (2) hours prior tothe end of the work day.In the event there are no rehearsal hours between said performance and theperformance which is thereby affected, the EMPLOYER may call a spacing ormark-through rehearsal at the half (½) hour call or during intermission during aperformance.An Emergency Rehearsal that can be scheduled without changing the ARTIST’soriginally scheduled rehearsal time, as stated on the daily schedule, shall notaccrue additional pay. Other Emergency Rehearsals shall be compensated at theOvertime rate.P. END OF SEASON PERFORMANCE REVIEW – shall be defined as a reviewscheduled by EMPLOYER at the request of an ARTIST on a GuaranteedEmployment Basis for the purpose of satisfying Section IV A. 7.Q. EXTRAORDINARY RISK1. The following constitute Extraordinary Risk:a. suspension from trapeze, wire, or like contrivance where theARTIST’s feet are more than four (4) feet above stage floor;b. performing on stilts or like devices which place ARTIST’s feetmore than four (4) feet above stage floor;c. falling or landing on anything other than the ARTIST’s own feetfrom any surface above the stage floor (for example, rollingbackwards down steps);d. jumping from any surface more than four (4) feet above stagefloor, even if the ARTIST lands on his/her own feet;e. any other form of high risk feat endangering ARTISTs to injuryas mutually determined by the Joint Committee prior to the firstperformance.2. If proper and adequate precautions are not designed and supervised to thesatisfaction of the Joint Committee, the following shall constitute“Extraordinary Risk”:a. operating explosive or pyrotechnic devices;5

. handling fire or performing near or around fire.3. It shall be an Extraordinary Risk when an ARTIST without adequaterehearsal time performs using any device which obscures vision. Theadequacy of rehearsal time shall be determined by the EMPLOYER andthe Delegates.4. Notwithstanding the foregoing, performing on any construction orapparatus (e.g. platform built above the stage floor or orchestra pit),regardless of height, shall not be considered Extraordinary Risk if it is ofsuch stability, width and protective danceability and having such railingsas may be necessary so as to assure the safety of the ARTISTs as mutuallydetermined by the Joint Committee.5. If the conditions of Exhibit B, Sections K and L, are met by theEMPLOYER, the use of sharp weapons, swords, and/or other props usedas weapons, shall not ordinarily be considered Extraordinary Risk.R. FREE DAY – shall be defined as a period of at least twenty-four (24) consecutivehours commencing midnight and ending 10:00 a.m. of the second day, duringwhich the ARTIST shall not be required to perform or execute any ArtistActivities. The Free Day shall not be interrupted by photo calls, costume fittingsor any other Artist Activity. In the event of a School Performance, the Free Daymay end at 9:30 a.m. of the second day; in the event of travel while on tour, theFree Day may end at 8:00 a.m. of the second day.S. GUEST ARTIST – A GUEST ARTIST is any ARTIST who has been engaged toperform as a SOLOIST or PRINCIPAL for less than the guaranteed number ofweeks to perform a specific body of work(s) due to his/her extraordinary meritand artistic ability.T. INTERMISSION – An Intermission is a break in a performance of fifteen (15)minutes or more. The EMPLOYER shall determine when an Intermission shalltake place.U. MASTER CLASS – shall be defined as a teaching activity in which an ARTISTis compensated above and beyond his/her weekly compensation to teach noncompanymembers within the profession on behalf of the EMPLOYER.V. NEW ARTIST – NEW ARTIST shall be defined as an ARTIST, so designatedby the Individual Artist’s Contract and/or public announcement, programs orother literature issued by the EMPLOYER.EMPLOYER may designate an ARTIST as a NEW ARTIST notwithstanding theARTIST having danced the prior year with Ballet West II, or another preprofessionalprogram, or as an APPRENTICE I with EMPLOYER or anotherprofessional ballet company. An ARTIST shall not be considered a NEW6

ARTIST because of an erroneous or inadvertent designation as such in anycompany announcement or literature.EMPLOYER may not designate an ARTIST as a NEW ARTIST, if the ARTISTdanced twenty (20) weeks or more in the preceding twelve (12) months in a rankhigher than that of a first (1 st ) year apprentice in a professional ballet company.W. OVERTIME – shall be defined as the rate to be paid in designated circumstancesas follows: The ARTIST’s actual weekly compensation divided by thirty (30),times one and one-half (1 ½). Overtime will be accrued in one-half (½) hourincrements.X. PENALTY - shall be defined as the rate to be paid in designated circumstances asfollows: The ARTIST’s actual weekly compensation divided by thirty (30), timestwo (2). Penalties will be accrued in one-half (½) hour increments. Tabulation ofpenalty must be submitted by the ARTIST to the EMPLOYER within two (2)weeks after the event precipitating the payment incurred.Y. PERFORMANCE – shall be defined as an appearance which does not exceedthree and one-half (3 ½) hours and which includes all of the following elements:1. ARTISTs appear one-half (½) hour before posted performance time;2. All performing ARTISTs appear in full costume and make-up;3. All scenery, lighting, props and costumes are utilized;4. Full orchestra or performance music is utilized;5. There is a paying audience;6. The program is presented in full.Z. PERFORMANCE SERIES – shall be defined as a run of Performances of a fulllength ballet and/or a mixed bill, separated by Rehearsal Weeks, during a contractyear.AA.BB.CC.PERFORMANCE WEEK - shall be defined as a week commencing on Mondayand ending on Sunday, during which at least one (1) Performance is given.PREVIEW PERFORMANCE – shall be defined as a Dress Rehearsal where theARTISTs are required to wear full makeup, costumes, and hair styles wheneverthere is an audience of two hundred (200) or more. Preview Performances shallbe considered full Performances and shall run as a Performance absent unforeseencircumstances.PRINCIPAL ARTIST – shall be defined as an ARTIST who has been sodesignated by the EMPLOYER in the Individual Artist’s Contract for7

Employment and/or the public announcements, programs and other literatureissued by the EMPLOYER. An ARTIST shall not be considered a PRINCIPALARTIST because of an erroneous or inadvertent designation as such in anycompany announcement or literature.DD.EE.FF.GG.HH.II.JJ.KK.REHEARSAL WEEK - shall be defined as a Monday through Sunday week andshall consist of five (5) days of rehearsal plus two (2) Free Days.REST TIME – shall be defined as a span of time in which no Artist Activity isrequired.RUN-OUTS – shall be defined as an Artist Activity in which an ARTIST isrequired to perform outside the City of Origination, but the ARTIST is notrequired to stay overnight.SCHOOL PERFORMANCE – shall be defined as an appearance of an ARTISTin a performance activity primarily for educational purposes.SENIOR ARTIST – shall be defined as an ARTIST who has been so designatedby the EMPLOYER in the Individual Artist’s Contract for employment and/or thepublic announcement, programs or other literature issued by the EMPLOYER. ACORPS ARTIST shall become a SENIOR ARTIST after no more than four (4)years of service as a CORPS ARTIST excluding a contract year as a NEWARTIST. An ARTIST shall not be considered a SENIOR ARTIST because of anerroneous or inadvertent designation as such in any company announcement orliterature.SENIOR SOLOIST ARTIST – shall be defined as a SOLOIST ARTIST whohas been so designated by the EMPLOYER in the Individual Artist’s Contract foremployment and/or the public announcement, programs or other literature issuedby the EMPLOYER. An ARTIST shall become a SENIOR SOLOIST ARTISTafter no more than four (4) years of service as a SOLOIST ARTIST. An ARTISTshall not be considered a SENIOR SOLOIST ARTIST because of an erroneous orinadvertent designation as such in any company announcement or literature.SENIORITY – An ARTIST who has been engaged by the EMPLOYER fortwenty (20) weeks or more or fifty percent (50%) of one (1) contract yearwhichever is less at the CORPS DE BALLET ARTIST division or above hasSeniority for all purposes as set forth in this Agreement.SOLOIST ARTIST – shall be defined as an ARTIST who has been so designatedby the EMPLOYER in the Individual Artist’s Contract for employment and/or thepublic announcement, programs or other literature issued by the EMPLOYER.An ARTIST shall not be considered a SOLOIST ARTIST because of anerroneous or inadvertent designation as such in any company announcement orliterature.8

LL.SPACING REHEARSAL - shall be defined as an on-stage walk through/talkthrough of the physical spacing of all traffic patterns and formations of a dancepiece prior to a run through.MM. SUPPLEMENTAL ARTIST - shall be defined as an ARTIST who has been sodesignated by the EMPLOYER in the Individual Artist’s Contract foremployment. A copy of said contract shall be provided to AGMA.NN.OO.PP.UNDRESSING TIME – shall be defined as ten (10) minutes following aperformance or rehearsal with costumes and/or makeup given to ARTISTs for thepurpose of removing costumes and/or makeup.WARM-UP – shall be defined as an optional thirty (30) to fifty nine (59) minuteclass given for the purpose of preparing for a Performance or rehearsal.WEEK – shall be defined as a period of seven (7) days starting on a Monday andending on a Sunday and consisting of at least four (4) working days.9

A. APPLICATION OF BENEFITSSECTION III. GENERAL PROVISIONSThe EMPLOYER agrees that the provisions of this Agreement shall apply to andinure to the benefit of all ARTISTs employed or otherwise engaged by theEMPLOYER, or its successors, affiliates, subsidiaries, assignees or any entity orperson associated in any manner with the EMPLOYER, directly or indirectly, orthrough agents or independent contractors, notwithstanding anything herein to thecontrary. Whenever there shall be used in this Agreement any phrase which mayimply a more restricted meaning, such as, for example, “ARTISTs employed bythe EMPLOYER” such phrase shall be deemed to mean “ALL ARTISTsemployed or otherwise engaged by the EMPLOYER, or by an affiliate orsubsidiary of the EMPLOYER, its successors, affiliates, subsidiaries, assignees orany entity or person associated in any manner with the EMPLOYER, directly orindirectly, or through agents or independent contractors.”The parties agree that a child who performs a child’s or student’s role inEMPLOYER’s productions and who may be a Ballet West Academy student orstudent of some other program is not covered by this Agreement. The partiesfurther agree that a Ballet West II Dancer who rehearses or performs inEMPLOYER’s productions to augment the EMPLOYER’s corps of dancers; andwho is compensated at the EMPLOYER’s established pay and benefits rate, isotherwise covered by this Agreement. If the total number of weeks within whicha Ballet West II Dancer is engaged in a Ballet West Artist Activity equals twenty(20) or more, the Ballet West II Dancer shall receive benefits under thisAgreement. Nothing in this paragraph is intended to, nor shall it be interpretedas, in any way reducing the working conditions and wages EMPLOYER has beenproviding Ballet West II Dancers.To assist AGMA respecting enforcement of the Ballet West II provisions, no laterthan four weeks before their initial engagement, EMPLOYER shall notify AGMAof the number of weeks within which each Ballet West II Dancer shall participatein an Artist Activity at Ballet West. Should EMPLOYER change the schedulednumber of weeks the Ballet West II Dancer is so engaged (e.g., schedule changes,changes resulting in an increase or decrease of the number of weeks, etc.),EMPLOYER shall notify AGMA of such change no later than four weeks beforethe date the change is to become effective.AGMA agrees that it is and will continue to be an open union and will keep itsmembership rolls open and will admit to membership all ARTISTs engaged bythe EMPLOYER and will not impose unreasonable entrance fees or dues upon itsmembers; provided, however, nothing contained in this Agreement shall bedeemed to limit the right of AGMA to suspend, expel, otherwise discipline or torefuse to admit to membership or readmit a member, pursuant to the rules,regulations, Constitution and By-Laws of AGMA, and provided, further, thatnothing contained herein shall require the EMPLOYER to discharge or refuse to10

engage any ARTIST by reason of an action of AGMA which is in violation of theLabor Management Relations Act.B. AGMA RECOGNIZEDThe EMPLOYER hereby recognizes AGMA as the exclusive collectivebargaining agent for all ARTISTs, (all herein referred to individually orcollectively as “ARTIST” or “ARTISTs”) employed by the EMPLOYER,including Ballet West II Dancers when they rehearse or perform in Ballet Westproductions.C. MANAGEMENT RIGHTSExcept as otherwise provided by the provisions of this Agreement or theIndividual Artist’s Contract, EMPLOYER reserves and retains, solely andexclusively, all of its inherent business and artistic rights, functions, andprerogatives for the management of its business.D. INDIVIDUAL ARTIST CONTRACTNo ARTIST may take part in any Performances or rehearsals or do any work inpreparation for a production without first signing an Individual Artist’s Contract(Exhibit “A”) with the EMPLOYER. The Individual Artist’s Contract shall statethe ARTIST’s division and rank (APPRENTICE ARTIST, NEW ARTIST,CORPS ARTIST, DEMI-SOLOIST ARTIST, SOLOIST ARTIST, andPRINCIPAL ARTIST) and contract years of Seniority. All contracts andagreements made by the EMPLOYER with the ARTISTs employed under thisAgreement shall conform in every respect to all the provisions of this Agreementand be distributed as follows: one copy for the ARTIST, one for theEMPLOYER, one for the AGMA National Office in New York and one for theAGMA office in San Francisco. AGMA’s copies shall be kept confidential byAGMA and available only (a) for AGMA’s routine and necessary use (b) when adispute arises under the Contract or (c) as subpoenaed by a court or other legalentity having jurisdiction.Exhibit “A” attached hereto is the Individual Artist’s Contract, approved byAGMA and to be entered into by the EMPLOYER with each ARTIST, subject tosuch additions thereto and modifications thereof as may be agreeable to theARTIST and to AGMA but in no event inconsistent with this Agreement or lessfavorable to such ARTIST.E. JUST CAUSEThe Individual Artist Contract of an ARTIST may be terminated for cause onlyfor the following reasons:1. Conviction of or pleading guilty to a felony charge;11

2. Any gross insubordination by the ARTIST;3. Material breach by the ARTIST of his/her professional responsibilities;4. Proven theft or dishonesty respecting any financial matter or with respectto employment documents; or5. Intentional conduct in the workplace that physically endangers anotherperson.In any such case, the EMPLOYER may immediately terminate the IndividualArtist Contract of such ARTIST and upon such termination, neither party shallhave any further obligation to one another. When the Individual Artist Contractof an ARTIST has been terminated pursuant to the terms of this paragraph, anysuch ARTIST shall have the right to petition the EMPLOYER for reinstatementand/or to file a grievance pursuant to Section III.S. of the arbitration provisions ofthis Agreement.F. LOWERING OF MINIMUMS AND WAIVERS PROHIBITED1. The EMPLOYER agrees that the minimum terms and conditionsgoverning the employment of ARTISTs by the EMPLOYER are thosecontained herein, and the EMPLOYER further agrees that it will not enterinto any contract with or employ any ARTIST upon terms and conditionsless favorable to the ARTIST than those set forth herein. The EMPLOYERagrees that no waiver by an ARTIST of any provision of this Agreement orany contract between any ARTIST and the EMPLOYER shall berequested by the EMPLOYER of an ARTIST or Delegate, individually oras a group, or be effective unless the written consent of AGMA to themaking of such request or such waiver is first had and obtained. TheEMPLOYER further agrees that nothing in this Agreement shall bedeemed to prevent any ARTIST from negotiating for or obtaining betterterms than the minimum terms provided for herein. In any case, however,no agreement or contract between the EMPLOYER and any ARTIST,whether or not such agreement or contract contains such better terms, shallbe binding upon the ARTIST unless such agreement or contract is inwriting and approved by AGMA in writing.2. Failure of AGMA or the ARTIST, to insist upon the strict enforcement ofany of the provisions of this Agreement shall not be deemed a waiver ofany rights or remedies that AGMA and the ARTIST may have and shallnot be deemed a waiver of any subsequent breach or default on the part ofthe EMPLOYER.3. Under extraordinary circumstances, EMPLOYER may request and begranted by AGMA, not by any ARTISTs or any Delegate, waiver of12

specific provisions of this Agreement. As of the date of this Agreement,AGMA’s current procedure for considering waiver requests is as follows;a. All requests for waivers must be addressed to the AGMA, AreaRepresentative and each Delegate. The request should specify:i. The extraordinary reason for the request, in detail and withspecificity;ii.iii.The facts, time, dates, duration and circumstances relatingto the waiver being sought;The corresponding waivers, if any, sought from (and/orgranted by) other unions representing employees of thecompany involved in the production.b. Such request shall be submitted well in advance of the need foraction by AGMA. If less than sixty (60) days advance notice isgiven, the waiver request must state reasons causing the shorternotice.c. With specific regard to waivers involving the recording and/orbroadcast of program material or the release of recorded programmaterial in any medium, no such waiver request will be grantedunless:i. The EMPLOYER is, or becomes, a signatory to the AGMAAudio/Video and Internet Release Agreement;ii.iii.The entity having physical possession of the recordedmaterial agrees, in writing, to be bound by the terms andconditions appended to the waiver (if it is granted) and tobe liable to AGMA, and/or the affected ARTISTs, for anyuse of the material that exceeds the use authorized by thewaiver (if it is granted);The request for the waiver specified:The additional compensation to be paid to all AGMAmembers who perform in, or who perform services withregard to the production being broadcast, recorded orreleased,The length of advance notice that ARTISTs will be givenprior to recording and/or broadcast, andAn assurance from the EMPLOYER that it will secure, ifthe waiver is granted, the written consent of each ARTIST13

G. DELEGATESwho performs in the production being broadcast, recordedor released.d. Upon receipt of the EMPLOYER’s waiver request in compliancewith all of the foregoing, AGMA will process it accordingly.Any lack on the part of AGMA to respond to a waiver request,should not in any way be interpreted as giving consent to therequest.Delegates shall have access to all areas in which an Artist Activity occurs andshall have access to individuals and information relevant to insure compliancewith this Agreement. A Delegate is not an agent of AGMA for purposes ofwaiving provisions of this Agreement or entering into any legal enforceableagreement on behalf of AGMA or any individual ARTIST.H. BOARD OF DIRECTORS1. Any ARTIST may attend a scheduled meeting of the Ballet West Board ofDirectors. However, ARTISTs must request permission fromEMPLOYER to attend if attendance is in conflict with a scheduled ArtistActivity. Such permission shall not be unreasonably withheld.2. When official representatives of AGMA desire to meet with or address theBoard of Directors and/or Executive Committee in addition to thescheduled meetings described in the above paragraph, such a request shallbe made to the Executive Director, and such a request shall not beunreasonably denied.I. JOINT COMMITTEEA Joint Committee shall be established to discuss and resolve specific issues,which arise during the term of this Agreement. The Committee’s purpose will beto develop appropriate procedures to prevent problems and address existingissues. This Committee will operate as follows:1. The Joint Committee shall consist of representatives of the EMPLOYER,ARTISTs designated by AGMA and, if so requested by ARTISTs, anAGMA staff representative by teleconference or otherwise. AdditionalARTISTs shall be designated by AGMA to comprise the AGMA Health &Safety Representatives and will serve on the Committee in this capacity.2. Whenever mutual consent of the Joint Committee is prescribed in thisAgreement, the EMPLOYER and AGMA shall each have one (1) vote andthe results of the vote must be unanimous.14

3. The Joint Committee will meet on an as needed basis, but no less thanonce every six (6) work-weeks, to review problems and potentialproblems, concerns relating to terms and conditions of employment orother relevant concerns of the ARTISTs or the EMPLOYER. The firstmeeting will be within thirty (30) days from ratification of this Agreementand each succeeding meeting will be scheduled at the prior meeting.4. Notwithstanding the establishment of the Joint Committee, the AGMADelegates shall continue their role as liaison between the EMPLOYER,the ARTISTs and AGMA as required by the needs of the parties andconsistent with past practice. The EMPLOYER shall not request norexpect any Delegate or other ARTIST to approve any waiver ormodification of this Agreement. Delegates and ARTISTs do not haveauthority to grant any waivers and all such requests must be made directlyto the appropriate AGMA staff representative.5. These Joint Committee meetings will be held outside the normal workday,the times to be decided by mutual agreement of the EMPLOYER andAGMA.J. REPRESENTATION1. AGMA shall designate COMPANY ARTISTs (as defined in Section II. J.of this Agreement) as Delegates.2. The EMPLOYER will provide one (1) hour of company time during thefirst month of the contract year for shop meetings, in order that AGMAmembers can elect Delegates and members of the Joint Committee and sothat AGMA can acquaint the members with the provisions of thisAgreement. In addition, subject to the requirements of rehearsal andperformance, EMPLOYER agrees to set aside an additional hour ofcompany time at the request of AGMA, upon the completion of TheNutcracker and yet another additional hour after the letters of engagementhave been issued by the EMPLOYER. Time assigned pursuant to thisparagraph shall not be included in the computation of overtime.3. The EMPLOYER shall make best efforts to accommodate theattendance/participation of ARTISTs to attend AGMA area meetings viateleconferences.K. AGMA REPRESENTATIVE: ADMISSION TO PREMISESAny officer, Delegate or duly authorized staff representative of AGMA shall beadmitted to the premises of the EMPLOYER, or such other place where theARTISTs rehearse, perform or provide any other service for the EMPLOYER, forthe purpose of verifying compliance with this Agreement, investigating andadjusting grievances, determining terms and conditions of employment, and toconduct AGMA business. As required by law, the EMPLOYER agrees to15

cooperate with such AGMA representative in dealing with all matters pertainingto this Agreement and to any other official business of AGMA as the exclusivebargaining agent of ARTISTs.L. AGMA BULLETIN BOARDThe EMPLOYER shall designate a prominent, well-lit, well traveled area of itspremises for AGMA to place and maintain the AGMA bulletin board, which shallbe no less than three (3) feet by two and one-half (2 ½ ) feet in size. AGMA in itssole discretion shall determine the contents of such Board, but it is intended toinclude union information, pending grievances and/or arbitrations, auditionnotices, election nomination information, information of workplace issues ofconcern to ARTISTs, and any and all other information deemed appropriate byAGMA.M. CONTRIBUTION TO EMPLOYER PROHIBITED1. No officer, director, employee or agent/manager of the EMPLOYER andno person who occupies the relationship of independent contractor to theEMPLOYER shall act as manager, agent or personal representative of anymember of AGMA or receive, directly or indirectly, any compensation orremuneration of any kind or nature whatsoever from any member ofAGMA. The EMPLOYER shall be responsible for enforcing compliancewith the preceding sentence. Within ten (10) days after notice is given byAGMA to the EMPLOYER of any violation of this paragraph, theEMPLOYER shall correct such violation. If the EMPLOYER shall fail tocorrect such violation within such time, then the EMPLOYER shall bedeemed to have committed a material and substantial breach of thiscontract.2. The EMPLOYER agrees that no AGMA member will be solicited orrequired to make any payments or contributions of any kind or naturewhatsoever, or to have such payments or contributions made by anyperson firm or corporation, to or for the benefit of the EMPLOYER oranyone else, in order to acquire or continue employment by theEMPLOYER or as a condition of acquiring such employment or anypreferment in such employment, and the EMPLOYER agrees that it willnot accept or receive any such payments or contributions.N. PAYMENT OF SALARIESThe EMPLOYER agrees that all ARTISTs shall be paid by check or directdeposit not later than 12:00 noon on Thursday of every week during the term ofemployment. All Overtime payments, Penalty payments, and any other payments,which arise separate and apart from the weekly minimum salaries, shall be paidby check or direct deposit by the EMPLOYER to the ARTIST no later than two(2) weeks following any Overtime and/or Penalty infraction. EMPLOYER shall16

calculate Overtime and Penalty as set forth in Section V. B. 4. of the Agreement.ARTISTs on tour who have not elected to use direct deposit shall be paid bycheck with suitable arrangements made for cashing of checks.O. SECURITY DEPOSIT/BOND1. At least one (1) week before the commencement of any rehearsal,engagement, series of engagements or tour within or without the UnitedStates of America, or at least one (1) week before the ARTIST commencesto travel in pursuance of any engagements, series of engagements or tourwithin or without the United States of America, whichever is earlier, theEMPLOYER shall deposit with AGMA, at 1430 Broadway, New York,New York 10018, cash, certified check, savings account passbook,assigned CD, irrevocable assigned letter of credit, or other acceptableliquid financial instruments assigned to American Guild of MusicalArtists, Inc. for the benefit of the ARTISTs which shall be satisfactory toAGMA. AGMA shall be the sole judge as to whether the form, financialresponsibility and amount of such cash, certified check, savings accountpassbook, assigned CD, irrevocable letter of credit, or other acceptableliquid financial instruments assigned to the American Guild of MusicalArtists, Inc., is satisfactory, and the EMPLOYER shall not be deemed tohave performed its obligation under this Agreement until the same hasbeen approved by AGMA. AGMA agrees that the security bond forestablished companies will be limited to one (1) week’s salary for themembers of the company.2. Proof of the placing of the security bond with AGMA will be posted on theEMPLOYER bulletin board and the AGMA bulletin board not later thanthe first (1st) day of each employment period.3. No ARTIST shall leave the City of Origination for work outside said cityunless the EMPLOYER, prior to the ARTIST’s departure there from, hasprovided and paid for his/her transportation and his/her luggage, includingreturn transportation back to the City of Origination. AGMA shall havethe right to require the EMPLOYER to post such bond or bonds or suchother security, including money, and in such amount as in its solediscretion AGMA deems necessary to insure the safe transportation andreturn of the ARTIST. AGMA reserves the right to set up other terms andconditions for granting permission to the EMPLOYER to take anyARTISTs for an engagement, series of engagements or tours outside of theUnited States of America, as provided in the standard Overseas Riderattached hereto.17

P. NON-PAYMENT OR PARTIAL PAYMENT OF SALARIES1. Non-payment, or partial payment of salaries, when due, shall be deemed amaterial breach of contract, giving the ARTIST the right to terminateforthwith his contract with the EMPLOYER.2. If the EMPLOYER fails to pay the salary due the ARTIST, the ARTISTshall, at AGMA’s discretion, have an alternative right to receive his/hercontracted salary out of the EMPLOYER’s security deposit as set forth inSection III. O. above. AGMA shall notify the EMPLOYER of itsintention to so pay the ARTIST; and if the EMPLOYER fails to institutearbitration proceeding within five (5) calendar days from service of thenotice, AGMA may proceed to commence payment to the ARTIST. TheEMPLOYER agrees to replenish the security deposit upon receipt of arequest from AGMA to replenish the security deposit. Acceptance by theARTIST of his/her salary from the security deposit shall not be a waiveron his part of his right to terminate his/her Individual Artist’s Contractwith the EMPLOYER.Q. DEDUCTIONS1. The EMPLOYER shall deduct all Social Security, Withholding Taxes, andother taxes, required by law, to be paid by the EMPLOYER on behalf ofARTISTs. ARTISTs shall be considered Employees for all purposes.2. The EMPLOYER agrees that it will deduct (“Check-Off”) working dues,(currently 2.0%) from the gross compensation earned and to be earned byeach ARTIST covered under this Agreement, for whom there shall be filedwith the EMPLOYER a written assignment in accordance with Section302 of the Labor Management Relations Act of 1947, the applicable“Working Dues.” For purpose of such deduction, travel expenses, mealmoney, per diem (to the extent provided for in this Agreement) and anycompensation earned under the jurisdiction of any other union shall not beconsidered a part of the “gross compensation” and shall not be subject tosuch deduction. The EMPLOYER shall commence making suchdeductions with the first wage payment to be made to such ARTISTfollowing the date of the filing of his or her said written assignment, andsuch deductions shall continue thereafter with respect to each and everysubsequent wage payment to be made to each such ARTIST. No otherdeduction whatsoever shall be made from the compensation of theARTIST except when specified by the ARTIST in writing.3. EMPLOYER agrees, upon receipt of written authorization from anyARTIST, to make deductions from the ARTIST’s gross compensation forthe employee paid portion of all benefits made available by EMPLOYER,or any other purpose authorized by ARTIST and approved byEMPLOYER.18

4. Copies of written authorizations for the deduction of Working Dues setforth in this section shall be provided by EMPLOYER to AGMA uponEMPLOYER’s receipt of same.5. Within thirty (30) days after the end of each payroll period, theEMPLOYER shall remit to the AGMA National Office, by check drawn tothe order of the American Guild of Musical Artists, the total amount of alldeductions made during the said period for all such ARTISTs. At the timeof such remittance and together therewith, the EMPLOYER shall alsofurnish to the AGMA National Office a record certifying the names, SocialSecurity numbers and total wage and deductions made pursuant toparagraph 2 and this paragraph for each ARTIST. The EMPLOYER willbe liable for failure to make a deduction or deductions as set forth above.6. The EMPLOYER agrees that a special written assignment in the followingform, which may be contained in the Individual Artist’s Contract with theEMPLOYER, will be acceptable for the purpose of this paragraph: “Theactual compensation of the ARTIST shall be set forth herein, and thereshall be no remissions, rebates, discounts, booking fees, commissions orother payments or deductions whatsoever from the ARTIST’scompensation except such taxes or withholdings as are required by statute,and except further that the ARTIST hereby assigns to AGMA from anycompensation to be earned in connection with this Contract such amountsfor dues, initiation fees, and assessments certified by AGMA as due andauthorizes and directs the deduction of such amounts from the ARTIST’scompensation and the remission of same to AGMA. This assignment,authorization, and direction covers all compensation earned as a result ofemployment under this Contract (regardless of how characterized or whenpaid). This assignment, authorization and direction shall remain in effectand be irrevocable, and shall be continued automatically, unless theARTIST revokes it by giving written notice to the EMPLOYER andAGMA by registered mail not more than thirty (30) days and not less thanfifteen (15) days prior to the expiration of each successive one-year periodor of each successive Collective Bargaining Agreement, whichever occurssooner. Such revocation shall become effective the first day of thecalendar month following its receipt.”7. Direct deposits made by the EMPLOYER for the ARTIST (e.g., 401K,403B, 125 cafeteria deductions, Savings Account, Disability Plan, etc.)shall be sent to the proper institutions no later than the fifteenth (15) dayof the month following the actual month of the deduction unless theAgreement between the depository or recipient provides for a differentdisposition. Violation compensation shall be ten percent (10%) of theDirect Deposit amount per month until the payment is made.19

R. SOCIAL SECURITY, WORKERS’ COMPENSATION FUND, DISABILITY1. EMPLOYER shall comply with all Federal, State and Local lawsgoverning the pay and benefits it affords to ARTISTs and concerning theFederal Insurance Contribution Act, the Social Security Act, UtahUnemployment Insurance, Utah Workers Compensation insurance andbenefits, including all disability coverage within any of said programs andincluding respecting the calculation of gross income in any of said acts orlaws.2. EMPLOYER agrees to make available a disability plan for all ARTISTs tocover non-work related illness or injury.3. Upon request, the EMPLOYER shall disclose to AGMA evidence of theEMPLOYER’s compliance with the provisions of this Section. TheEMPLOYER agrees to meet and confer with AGMA as required by lawshould it consider any change to the coverage outlined in this Sectioneffective as of the date of this Agreement.S. ARBITRATIONEvery contract entered into between the EMPLOYER and any ARTIST or theEMPLOYER and AGMA during the term of this Agreement shall be deemed tocontain the following provisions:Any controversy or claim arising out of or relating to this contract orbreach or interpretation thereof, including the ability to arbitrate any issuearising hereunder, shall be determined exclusively by grievance andarbitration procedure set forth herein. All arbitration between theEMPLOYER and any ARTIST and/or between the EMPLOYER andAGMA shall take place in the EMPLOYER’s City of Origination.Either party may file a written grievance which states the specific Sectionsof the Agreement alleged to have been violated and the specific nature ofthe alleged violation within thirty (30) calendar days of the time thealleged violation becomes known to AGMA. A grievance by AGMA or amember of AGMA must be addressed in writing to the EMPLOYER’sCompany Manager or appropriate management representative(s).Within fourteen (14) calendar days of the filing of the grievance, theCompany Manager and/or appropriate management representative(s) shallmeet with the designated AGMA representative(s) in an attempt to resolvethe grievance. Within fourteen (14) calendar days after the grievancemeeting, EMPLOYER will deliver to AGMA its written response to thegrievance. If the dispute is not resolved by either party’s written response,either party may give written notification no later than thirty (30) calendardays of its intent to arbitrate before an impartial arbitrator selected by theparties by agreement or under an agreed process. If the parties do not20

each agreement on an Arbitrator or a process within fifteen (15) days, theArbitrator shall be selected under the rules and procedures of theAmerican Arbitration Association (“AAA”).Arbitration shall be held under the Voluntary Rules of Labor Arbitrationof the AAA on a date agreed to by the parties at a mutually acceptablelocation. The sole function of the arbitrator shall be to interpret theexpress provisions of the Agreement and apply them to the facts of thedispute or grievance. The Arbitrator shall have no power to change,amend, modify, add to, or otherwise alter this Agreement. The timelimitations expressed in this procedure shall be strictly enforced.Should the Arbitrator issue an Award involving the payment of back payor other compensatory damages, the Arbitrator is authorized to award thepayment of interest on the award.The fees of the Arbitrator shall be shared equally by the parties.Notwithstanding the previous sentence, if the Arbitrator finds, after noticeto the parties, that the demand for arbitration or a party’s position in thearbitration is either not well grounded in fact, or not warranted by existinglaw or by a good faith argument for the extension, modification or reversalof existing law, or interposed for any improper purpose such as to harassor to cause unnecessary delay or expense, then the Arbitrator may, as asanction, require that party to pay all or part of the other party’s cost of thearbitration, including reasonable attorney’s fees.T. LOCKOUTS AND STRIKESDuring the term of this Agreement neither AGMA, nor its agents, or any ARTISTcovered by this Agreement will authorize, instigate, aid, condone or participate inany work stoppage, sympathy strike, slowdown, nor any other type of strike orwork stoppage or interfere with work. The EMPLOYER will not institute anylockout of any ARTIST covered by this Agreement.U. FORCE MAJEUREIt is agreed that if the EMPLOYER cannot perform because of fire, accident, riot,act of God, war, the public enemy, or for any other cause of the same generalclass which could not reasonably be anticipated or prevented, then theEMPLOYER shall notify the ARTIST thereof, in writing, and the ARTIST shallnot be entitled to any individual contractual compensation for the time duringwhich said services shall not, for reasons above, be rendered. Should any of theforegoing conditions continue for a period of ten (10) days or more after suchnotice to the ARTIST, either party, in writing, may terminate his or her contractand the EMPLOYER shall pay for all services to date, and, if such conditions andevents shall have occurred while on tour, the EMPLOYER shall providetransportation back to the City of Origination. Whether or not the Individual21

Artist’s Contract is terminated by either party, the EMPLOYER shall pay to theARTIST One Hundred Dollars ($100.00) for any day for which the ARTIST isemployed outside the City of Origination and did not receive his/her individualcontractual compensation, but for not more than the ten (10) days as set forthabove. This aforesaid payment shall be the exclusive penalty under the laws ofthe state of Utah for untimely payment of wages while in a force majeure situationbut, under no circumstances, shall this provision be interpreted to affectARTIST’s entitlement to all other benefits of this Agreement.V. NOTICESARTIST must keep the EMPLOYER and AGMA informed of any change ofaddress and/or telephone number by submitting “a change of address form” to theAccounting Department. EMPLOYER shall forward a copy to the AGMANational Office c/o Membership department, or via email to the AGMA SanFrancisco Area Representative.Any and all notices are to be in writing and sent to the last known address filed bythe ARTIST with the EMPLOYER or the last known address filed by theARTIST with AGMA.W. ABSENCE OF MANAGERIn the absence of the Company Manager or similar management personnel, duringany Artist Activity, the EMPLOYER will designate an individual who will beresponsible for carrying out the duties to be performed by management.X. SAFEKEEPING OF VALUABLESThe EMPLOYER agrees to establish a system for storing of money and othervaluables during Dress Rehearsals and Performances. The system may vary fromlocation to location and shall be designed and established in consultation with theJoint Committee. Except as to items stored in lockers at the Capitol Theater, theEMPLOYER will assume liability for items stored for safekeeping, and ARTISTsshall be responsible for retrieving money and other valuables.Y. GOVERNING LAWIt is the intention of the parties that the validity, construction, performance, andapplication of this Agreement shall be governed exclusively by the laws of theState of Utah.Z. DISCRIMINATION FORBIDDENAll terms and conditions of employment included in this Agreement shall beadministered and applied without regard to race, color, sex, creed, sexualorientation, gender identity, disability, religion and/or national origin exceptwhere bona fide occupational qualifications may, as recognized by the law of the22

jurisdiction, be shown to exist. The EMPLOYER shall not unlawfullydiscriminate against any ARTISTs because of his/her activities on behalf ofAGMA.AA.SEGREGATIONNo ARTIST will be required to appear in any theater or place of performancewhere discrimination is practiced because of race, color, sex, creed, sexualorientation, gender identity, disability, religion and/or national origin against any:1. ARTIST; or2. Patron, as to admission or seating arrangement.23

SECTION IV. EMPLOYMENT CONDITIONSA. EMPLOYMENT PROVISIONS1. Guaranteed Employmenta. The EMPLOYER guarantees to employ not less than thirty-five(35) COMPANY ARTISTs in year one of the Agreement; thirtysix(36) COMPANY ARTISTs in year two of the Agreement; andthirty-six (36) COMPANY ARTISTs in year three of theAgreement, including Apprentices. Such guaranteedemployment period shall consist of a twelve (12) month periodas designated by the EMPLOYER and uniformly reflected ineach Individual Artist Contract. Guaranteed Employment meansemployment of the COMPANY ARTIST by the EMPLOYERwhereby the EMPLOYER guarantees the COMPANY ARTISTnot less than thirty-five (35) weeks in year one of the Agreement;thirty-six (36) weeks in year two of the Agreement; and thirtyseven(37) weeks in year three of the Agreement. If theEMPLOYER’s Individual Artists’ Contracts establish a largernumber of guaranteed weeks for year two or year three of theAgreement, the larger number shall be the guaranteed number ofminimum weeks for purposes of this provision.08-09 09-10 10-11Weeks 35 36 37Dancers 35 36 36b. No weeks of employment from one guaranteed employmentperiod shall be credited or offset to comply with the guaranteerequirement in another guaranteed employment period.2. Guaranteed Employeesa. COMPANY ARTISTs shall be engaged on a guaranteedemployment basis. If EMPLOYER has engaged COMPANYARTISTs on a guaranteed employment basis for the requirednumber of weeks as set forth in this Agreement, EMPLOYERmay also engage additional ARTISTs (e.g., SUPPLEMENTALARTISTs and GUEST ARTISTs).b. APPRENTICE ARTISTs shall be engaged on a guaranteedemployment basis and the following conditions shall apply:i. There shall be no more than four (4) APPRENTICEARTISTs per contract year.24

ii.iii.iv.APPRENTICE ARTIST I and II shall each be no more thanone (1) year in length.After completion of the APPRENTICE ARTIST II year, theAPPRENTICE ARTIST II must be accepted into theCompany with at least a CORPS ARTIST ranking orreleased from his/her contract.APPRENTICE ARTIST shall be assigned performanceresponsibilities only in roles equivalent but not superior togeneral Corps roles. The EMPLOYER will advise all guestchoreographers of this provision;3. Guest Artistsv. If at any time an APPRENTICE ARTIST is cast to performa SOLOIST or PRINCIPAL role, the EMPLOYER shallcompensate such APPRENTICE ARTIST the CORPSARTIST rate outlined in Section V. A. 1. of this Agreementfor each week such APPRENTICE ARTIST performs sucha role.EMPLOYER may engage a GUEST ARTIST for a Performance or aPerformance Series. EMPLOYER shall compensate GUEST ARTIST atno less than the applicable minimum rates set forth in Section V.A.1. ofthis Agreement. The EMPLOYER shall notify AGMA of its intention toengage a GUEST ARTIST.4. Supplemental ArtistsEMPLOYER may engage a SUPPLEMENTAL ARTIST on a weeklybasis, only after the EMPLOYER has satisfied the employment guaranteeoutlined above in Section IV.A.1.a. of this Agreement, as a means ofsupplementing the number of COMPANY ARTISTs engaged. TheEMPLOYER shall compensate the SUPPLEMENTAL ARTIST at no lessthan the NEW ARTIST rates outlined in Section V.A.1. of thisAgreement. In the event the EMPLOYER engages a SUPPLEMENTALARTIST, the EMPLOYER shall notify AGMA. Further, the number ofSUPPLEMENTAL ARTISTs shall not exceed ten percent (10%) of thetotal guaranteed number of COMPANY ARTISTs engaged for saidcontract year. A SUPPLEMENTAL ARTIST may not work more thanfifty percent (50%) of the guaranteed number of work weeks of saidcontract year. At no time may a SUPPLEMENTAL ARTIST be engagedto perform a SOLOIST or PRINCIPAL role. Waivers will be liberallygranted where necessitated by incapacitating illness or injury of ARTISTs.25

5. Additional PerformersOnly ARTISTs covered by this Agreement may be allowed to engage inany Artist Activity on behalf of the EMPLOYER, except that a child whois a Ballet West Academy student or student of some other program mayperform a child’s or student’s role in EMPLOYER’s productions. Nomore than ten (10) Ballet West II Dancers may be engaged by Ballet Westat any time. Ballet West II Dancers may not be engaged in any role aboveCorps level.The Artistic Director, Ballet Master/Mistress and the Director ofEducation may be assigned character performing roles and not be subjectto AGMA jurisdiction.6. Reengagementa. An Artistic Evaluation shall be conducted by all members of theartistic staff. EMPLOYER and ARTIST may each provide awitness to be present during the ARTIST’s Artistic Evaluationand, upon request by an ARTIST, a Delegate will be present.However, in no event shall EMPLOYER be required to pay anywages, fees or expenses related to the presence of such witnessor Delegate that EMPLOYER is not otherwise already obligatedto pay, if any. This evaluation shall be scheduled for everyARTIST prior to February 15. An ARTIST shall have theopportunity to ask questions and make comments during theevaluation process. An audio tape recording of the evaluationwill be made and retained by the EMPLOYER. At the conclusionof the evaluation, the ARTIST may receive a copy of the tapedevaluation. In the event there are any deficiencies orcircumstances which are regarded as adverse to the proficiencyor career growth of the ARTIST within Ballet West or the longrangeplans of Ballet West, such deficiencies or circumstancesshall be presented and discussed during the Artistic Evaluation.b. If the Artistic Staff feels the deficiencies discussed may result innon-reengagement, the EMPLOYER at the request of theARTIST must allow the ARTIST six (6) work weeks to improveupon those deficiencies. At the conclusion of the six (6) workweek period, the ARTIST will be scheduled for a secondevaluation. The purpose of the second evaluation will be todiscuss which, if any, of the same deficiencies or circumstancesdiscussed in the initial evaluation remain unresolved. TheArtistic Director may not introduce any new problems at thistime. If it is the EMPLOYER’s intention at the time of thisevaluation not to re-engage the ARTIST for the subsequentcontract year, the Artistic Director must state such intent duringthis Artistic Evaluation. The Artistic Director shall meet with anARTIST prior to the issuance of a letter of non-reengagement to26

that ARTIST. The reasons for non-reengagement must be basedon the same deficiencies and circumstances discussed in theprevious two (2) meetings.c. The rights set forth in paragraph b. above may be relinquished bythe ARTIST at his/her discretion.d. An ARTIST employed shall be notified of re-engagement or nonreengagement,by written notification on or before February 15.All ARTIST’s receiving offers of re-engagement shall be givenIndividual Artist Contracts (Exhibit A) at this time. However, in acontract year in which the Ballet West/AGMA collectivebargaining agreement is to expire, EMPLOYER may giveARTISTs receiving offers of re-engagement letters of intent.Such letters of intent shall stipulate that an ARTIST shall not beengaged at a rank lower than his/her current rank with theexception of a Corps and/or Soloist Artist completing his/herfourth year of service, and/or an Apprentice Artist, or becompensated less than his/her current weekly compensation rate.The contract offer will be considered to be withdrawn unless theARTIST has accepted the EMPLOYER’s offer by April 1 of thecontract year. An ARTIST who has been non-re-engaged may, inwriting, request a meeting with, at the ARTIST’s option, theArtistic Director and/or Executive Director which will be heldwithin fifteen (15) working days of the Artistic Director’s orExecutive Director’s receipt of the written request. TheEMPLOYER will furnish AGMA with a list of those ARTISTsengaged on a guaranteed employment basis that theEMPLOYER does not plan to re-engage for the followingcontract year. Upon request the EMPLOYER will furnishAGMA with a record of the evaluation of any ARTIST.e. Any ARTIST who has been notified of non-reengagement willreceive up to five (5) additional personal days. These personaldays will not be counted as sick days pursuant to the provisionsof Section V.E.6.a.v. The ARTIST shall notify the EMPLOYERat least five (5) calendar days in advance of taking these personaldays. All notifications shall be in writing and submitted to theEMPLOYER’s Artistic Department. Should the ARTIST requestthat any or all of these personal days be taken duringPerformance Weeks, the EMPLOYER’s Artistic Departmentshall have discretion on whether or not to grant such a requestand permission shall not be unreasonably withheld.f. In the event the EMPLOYER replaces the Artistic Director, eachARTIST employed by EMPLOYER at the time of such changeshall be guaranteed reengagement at no less than the ARTIST’scurrent rank for the contract year immediately following suchchange.27

g. In the event an ARTIST continuously employed on a guaranteedemployment basis for ten (10) or more years is given a notice ofnon-re-engagement, said notice shall be effective for a period oftwelve (12) months from the last day of the contract year suchnotice is given.h. No ARTIST shall be demoted.i. Casting, Gender, Balance.EMPLOYER may fail to reengage a COMPANY ARTIST whennecessary to rebalance the COMPANY ARTISTs to match genderand other requirements for the upcoming season, so long asEMPLOYER employs the guaranteed minimum number ofCOMPANY ARTISTs as provided in this Agreement.j. Reduction to Guaranteed Number.In any year in which EMPLOYER employs more than theguaranteed minimum number of COMPANY ARTISTs,EMPLOYER may limit reengagement to the guaranteedminimum number of COMPANY ARTISTs.7. END OF SEASON PERFORMANCE REVIEWAll ARTIST’s employed on a Guaranteed Employment basis shall beentitled to an End of Season Performance review. This review shall beheld during the last four (4) weeks of the Guaranteed Employment period.The purpose of this review is to create another opportunity for an ARTISTto sit with the Artistic Staff and receive feedback on his/her work as wellas discuss any concerns an ARTIST may have for his/her future. Thisreview is not to be considered part of the Artistic Evaluation process.In the event the ARITST wishes to make use of the End of SeasonPerformance Review, ARTIST shall notify the Company Manager inwriting, or by making use of a sign-up sheet posted by EMPLOYER, nolater than five (5) weeks before the last scheduled day of the GuaranteedEmployment period. For the purposes of this agreement notification via e-mail shall qualify as written notification. EMPLOYER will endeavor tonot schedule the End of Season Performance Review on a Performanceday.8. ARTISTIC MEETINGEMPLOYER shall notify Delegates and ARTIST involved no less thantwenty-four (24) hours in advance of scheduling an Artistic Meeting.Delegates shall be given the ARTIST’s name. EMPLOYER shall give the28

ARTIST a written agenda of the meeting at the time such a meeting isscheduled outlining all of the topics to be discussed. Such a meeting shallbe considered an Artistic Activity as set forth in Section II. C. of theAgreement and this meeting shall not be scheduled on a day in which theapplicable ARTIST has to perform.9. Any meeting requested to be scheduled by an ARTIST with Artistic Staffshall not be considered an ARTIST ACTIVITY, but may be scheduledduring an ARTIST’s work span providing such request does not conflictwith a scheduled ARTIST ACTIVITY.B. LAYOFFS1. The EMPLOYER may lay off ARTISTs in the City of Origination. TheEMPLOYER agrees that all employment outside the City of Originationshall be continuous, and each ARTIST shall be compensated therefore athis/her salary, and that it shall not lay off an ARTIST in any place otherthan the City of Origination.2. When the ARTIST returns to employment following a layoff period, theEMPLOYER agrees that the rehearsal schedule will be posted by noon ofthe last day prior to layoff of three (3) weeks or less. In the event layoff isfour (4) weeks or longer, the rehearsal schedule will be emailed to eachARTIST and posted by noon two (2) weeks (fourteen (14) days) prior tothe first (1 st ) rehearsal day following layoff.3. At the beginning of any contract year, the EMPLOYER will guarantee tothe ARTIST not less than three (3) Rehearsal Weeks prior to the firstPerformance Week.4. During any layoff periods, the EMPLOYER must offer ARTISTsCompany Class as outlined in Section VI. A. 2. a. of the Agreement.5. In no event shall layoff reduce the guaranteed number of weeks ofemployment.6. EMPLOYER may not change designated layoff weeks or designated workweeks without four (4) weeks written notice to the ARTIST.7. A production schedule including starting and ending dates, work weeks,holidays and tours for the following contract year shall be made availableto each ARTIST by March 15 of each contract year. Such productionschedule shall be subject to Section IV. B. 6.29

C. ADDITIONAL WORK1. When ARTISTs are engaged, the Individual Artist’s Contract may containan option whereby the EMPLOYER may engage the ARTIST to renderhis/her services for an additional specified period of employment. Thisoption may be exercised by the EMPLOYER only by delivering a noticein writing to the ARTIST and to AGMA sixty (60) days prior to thecompletion of the initial employment set forth in the Individual Artist’sContract. There will be two (2) months notice to the ARTISTs of thepossibility of the option.2. If an ARTIST is called to rehearse or perform during any layoff week onany days which do not immediately precede or succeed a full work week,with the exception of Free Days, the ARTIST shall be compensated for anentire week.3. Pro-rata DaysD. GUESTINGIf the ARTIST shall be guaranteed not less than one (1) full PerformanceWeek, then the EMPLOYER shall have the right, with two (2) weeks priornotice, to engage the ARTIST for not more than three (3) consecutive daysin the week immediately preceding or succeeding any such guaranteed fullPerformance Week at a pro rata amount of the ARTIST’s agreed uponweekly compensation, calculated on the basis of one-fifth (1/5) thereof foreach such day in such week. It is further agreed that the fourth day ofsuch week shall trigger a full week for which the EMPLOYER shallcompensate each ARTIST one week’s salary at the ARTIST’s rate of payfor that contract year.1. ARTISTs shall work exclusively for the EMPLOYER during the term ofthe Individual Artist Contract. However any ARTIST may be permitted toprovide services during a Performance Week or a Rehearsal Week to othercompanies as long as the EMPLOYER has consented to such services inwriting.2. If the EMPLOYER has consented in writing to such services to anothercompany, the EMPLOYER, based upon availability, may rent costumes,video and audio tapes for use by such ARTIST; provided, however,costumes, video and audio tapes shall be requested in writing at least two(2) weeks prior to such use. It shall be the ARTIST’s responsibility tosecure all rights and royalties for the use of any copyrighted materialinvolved. EMPLOYER will assist the ARTIST in any way possible.3. In addition, any ARTIST shall be permitted to provide services to othercompanies during a layoff week as long as the ARTIST gives prior writtennotice to the EMPLOYER. If the EMPLOYER adds work during such alayoff week within the required notification time outlined in Section IV. B.30

6. of this Agreement, the ARTIST shall be obligated to perform such workunless the ARTIST already secured prior written consent from theEMPLOYER to provide such services to another Company. With writtenconsent from the EMPLOYER, an ARTIST may appear as a guest up tosix (6) days per contract without payroll deduction exclusive of layoffweeks.4. Any guest appearance must include the words “ARTIST appears courtesyof Ballet West.”5. ARTISTs may rent costumes from EMPLOYER at the discretion of theArtistic Director and the Costume Director. Rental fees payable to “BalletWest” will be fifty dollars ($50.00) per rental (outing) per costume. Tuturentals begin at seventy-five dollars ($75.00) per rental. Rentals do notinclude tights, trunks, and thongs for women or dance belts or tights formen. Footwear is never part of the rental fee. A separate fee will becharged for use of the EMPLOYER’s footwear.E. TEMPORARY RELEASE FROM CONTRACTAn ARTIST may request to be and, at the discretion of the EMPLOYER be,temporarily released from the obligations of the Individual Artist Contract. Anytime allowed for release from the Individual Artist Contract shall be deductedfrom time guaranteed in the Individual Artist Contract.If an ARTIST is temporarily released from the Individual Artist Contract for apartial week, the sum of one-fifth (1/5) of the ARTIST’s salary will be deductedfor each day missed, not to exceed the regular weekly compensation. If anARTIST is released from the Individual Artist Contract for an entire work week,the full weekly salary shall be deducted.31

SECTION V. COMPENSATION & BENEFITSA. MINIMUM WEEKLY COMPENSATION1. Employment ContractMinimum Compensation – Rehearsal and Performance WeeksARTISTsYEARONEYEARYEARTWOTHREE2.5% 3%PRINCIPALARTIST $ 1,120.16 $ 1,148.17 $1,182.61SENIOR SOLOIST$ 976.61 $ 1,001.03 $1,031.06SOLOISTDEMI-SOLOISTSENIOR ARTIST$ 949.16 $ 972.89 $1,002.08$ 883.28 $ 905.36 $932.52$ 861.31 $ 882.84 $909.32CORPS ARTISTNEW ARTISTAPPRENTICEARTIST II$ 852.96 $ 874.28 $900.51$ 722.26 $ 740.31 $762.52$ 541.59 $ 555.13 $571.79APPRENTICEARTIST I $ 361.12 $ 370.15 $381.25DelegateCompensation2% of gross weekly compensation per 2 delegates per contractyear.2. Weekly Employment ContractEMPLOYER will compensate each ARTIST the agreed upon aboveweekly rate that corresponds to the designation as set forth in theIndividual Artist’s Contract.3. Delegate CompensationThe EMPLOYER shall pay the Delegate compensation set forth above toeach Delegate up to a maximum of two (2) Delegates for each week ofemployment per contract year. Each Delegate shall receive such paymentwith his or her weekly paycheck.32

B. ADDITIONAL COMPENSATION1. Seniority Minimum2. Overtimea. In addition to any minimum compensation provided for in theAgreement, the EMPLOYER agrees to pay the ARTIST eightdollars and sixteen cents ($8.16) for each year of service in yearone of this agreement, eight dollars and thirty six cents ($8.36)for each year of service in year two of this agreement, and eightdollars and sixty-one cents ($8.61) for each year of service inyear three of this agreement, with a maximum of ten (10) yearsin each individual contract year; e.g. tenth (10 th ) Seniority year inyear one of this agreement equals eighty dollars and sixteen cents($80.16) etc. for the appropriate number of years of Seniorityachieved by the ARTIST as of the effective date of theEmploymentb. Any over-scale, per diems or any other payment fromEMPLOYER shall not be credited towards satisfaction of thisSeniority minimum.c. An ARTIST employed in a contract year who is re-engaged for anylength of time in the following contract year shall be due theSeniority minimum as defined above. ARTISTs shall be permittedone contract year’s break in service without loss of Senioritystatus.d. Seniority accrual shall continue through promotions except when apromotion is to SOLOIST or to PRINCIPAL.e. Each Seniority increment earned shall be added to ARTIST’s wageon a weekly basis. No over-scale, per diems, Overtime, Penaltiesor any other payment from EMPLOYER shall be credited towardssatisfaction of this Seniority minimum, nor shall this Seniorityminimum be offset against such payment. Payment of thisSeniority minimum shall be added to ARTIST’s wages on a weeklybasis.Shall be calculated as the ARTIST’s actual weekly compensation dividedby thirty (30), times one and one half (1½). .3. PenaltyShall be calculated as the ARTIST’s actual weekly compensation dividedby thirty, times two (2).4. EMPLOYER shall be responsible for calculating each ARTIST’s weeklyOvertime and Penalty fees.33

C. SPECIAL FEES1. Extraordinary RiskAn ARTIST who is required to and performs an Extraordinary Risk feat,as defined in Section II. N. of this Agreement, shall receive, in addition tohis/her weekly compensation, in year one of the Agreement; thirty dollarsand sixty cents ($30.60), in year two of the Agreement; thirty - one dollarsand thirty seven cents (31.37), in year three of the Agreement, thirty-twodollars and thirty–one cents ($32.31) per rehearsal and Performanceinvolving the feat. For the purpose of compensation, the EMPLOYERshall pay ARTIST separately for each type of feat performed.2. Ballet Mistress/Master Feea. Any ARTIST who is scheduled to take charge of an officiallyscheduled EMPLOYER rehearsal or class in the absence of aBallet Master/Mistress shall be paid not less than the hourlyOvertime rate in addition to such ARTIST’s other compensation.b. Any ARTIST appointed by the Artistic Staff or theirrepresentative to take charge of an officially scheduled rehearsalin addition to participating as a dancer, whether or not the BalletMaster is present, shall be compensated the Penalty rate inaddition to such ARTIST’s compensation.3. Master ClassEMPLOYER shall compensate any ARTIST who teaches a Master Class aminimum fee of in year one of the Agreement; sixty-one dollars andtwenty cents ($61.20), in year two of the Agreement; sixty-two dollars andseventy-three cents ($62.73), in year three of the Agreement, sixty-fourdollars and sixty-one cents ($64.61) for each class in addition to all othercompensation owed such ARTIST.4. Singing and Speaking RolesEMPLOYER shall compensate an ARTIST who sings or speaks ten (10)words or more (except background noise; e.g., Black Cake) in a ballet ordance work in year one of the Agreement; fifteen dollars and thirty cents($15.30), in year two of the Agreement; fifteen dollars and sixty-eightcents ($15.68), in year three of the Agreement, sixteen dollars and fifteencents ($16.15) per Performance in addition to all other compensation owedsuch ARTIST.5. Choreographers Contract for Company ARTISTsa. For a dance piece created by a COMPANY ARTISTchoreographing his or her first ballet for the EMPLOYER, thefee shall be in year one of the Agreement; four hundred and eight34

dollars ($408.00) with a royalty of forty dollars and eighty cents($40.80), in year two of the Agreement; four hundred eighteendollars and twenty cents ($418.20) with a royalty of forty-onedollars and eighty-two cents ($41.82) in year three of theAgreement, four hundred and thirty dollars and seventy-fourcents ($430.74) with a royalty of forty-three dollars and sevencents ($43.07), for each Performance after the premier run.b. For choreography of a minor dance piece, (defined as a dancework of not more than ten (10) minutes duration with not morethan four (4) ARTISTs), after the first dance piece, the fee shallnot be less than in year one of the Agreement; five hundred andten dollars ($510) with a royalty of fifty - one dollars ($51.00),in year two of the Agreement; five hundred and twenty-twodollars and seventy-five cents ($522.75) with a royalty of fiftytwodollars and twenty – eight cents ($52.28) in year three of theAgreement, five hundred and thirty-eight dollars and forty-threecents ($538.43) with a royalty of fifty-three dollars and eightyfourcents ($53.84) for each Performance after the premier run.c. For all additional choreography other than a minor piece for theEMPLOYER, the fee shall not be less than in year one of theAgreement; eight hundred and sixteen dollars ($816) with aroyalty of fifty-one dollars ($51.00), in year two of theAgreement; eight hundred and thirty-six dollars and forty cents($836.40) with a royalty of fifty-two dollars and twenty-eightcents ($52.28) in year three of the Agreement, eight hundredsixty-one dollars and forty-nine cents ($861.49) with a royalty offifty-three dollars and eighty-four cents ($53.84) for eachPerformance after the premier run.D. ARTISTS’ RESOURCE FUNDThe EMPLOYER shall establish an Artists’ Resource Fund which shall beadministered by a committee comprised of three (3) persons known as theEMPLOYER’s Trustees, and three (3) persons known as the ARTISTs’ Trustees.The EMPLOYER’s Trustees shall be named by the EMPLOYER. TheEMPLOYER shall attempt to assure that one of its Board of Directors shall serveas a Trustee. The ARTISTs’ Trustees shall be named by the ARTISTs, and mayinclude an AGMA staff representative.During the initial organizational period, until the Trustees otherwise establishrules for the governing of the Trust and providing for the succession of Trustees,the Trustees shall act by majority vote in all matters.35

The Artists’ Resource Fund shall be a trust fund used for the purpose ofenhancing the efforts of Ballet West to assist COMPANY ARTISTs who, in anyvariety of ways, may have the need for such assistance.In the first year of the Agreement, an interest bearing account shall be institutedand all payments to the Artists’ Resource Fund as provided in this Agreement,will be deposited into said account.During the first year of this Agreement, the Trustees shall: (1) establish the rulesand regulations by which the Trust shall be governed; (2) establish the criteria forthe proper use of the fund herein established; and (3) establish the manner bywhich a public Performance will be designated, promoted and carried for thebenefit of the Artists’ Resource Fund.The designated benefit Performance shall take place in the second year of thisAgreement and each year thereafter. The gross amount of compensation due tothe COMPANY ARTISTs (calculated as one-fifth (1/5) of the total weeklycompensation) under contract at the time of the Performance shall be contributedto the Artists’ Resource Fund and a matching amount shall be contributed by theEMPLOYER to said Fund.E. BENEFITS1. Medical Coveragea. Health InsuranceThe EMPLOYER will provide and pay for health insurance benefits toall ARTISTs who are engaged by EMPLOYER for twenty (20) weeks ormore. The health insurance benefits will not fall below the level ofcoverage and range of the health insurance benefits EMPLOYERprovided to ARTISTs in effect on August 1, 2005. Such HealthInsurance will provide basic health benefits and major medical benefitsboth inside and outside the City of Origination. As of the effective dateof this Agreement the EMPLOYER shall demonstrate to AGMA that theMedical Coverage available to ARTIST meets the requirement of thisSection. In the event the insurance provider proposes to substantiallychange the level of coverage for the EMPLOYER’s group, thenEMPLOYER shall give AGMA immediate notice of such change (but inno event less than thirty (30) days notice) prior to any change in levelsof coverage or medical service providers. In the event of such change,the EMPLOYER shall meet and confer with AGMA so as todemonstrate compliance with this Section prior to any final decisiontaking place. EMPLOYER agrees to pay the entire amount of theapplicable deductible for each ARTIST during each year of his/heremployment, but in no event shall EMPLOYER be required to pay morethan one thousand dollars ($1,000) towards the deductible. In the eventthat the deductible increases above one thousand two hundred and fifty36

dollars ($1,250), ARTISTs shall have the option of enrolling in AGMAHealth Plan A, in which case the EMPLOYER shall pay such premiumson behalf of such ARTISTs directly to AGMA Health Plan A – but in noevent shall EMPLOYER pay on behalf of the ARTIST an amountgreater than the applicable individual premium than members ofEMPLOYER’s health plan group, plus one thousand dollars ($1,000)each year.b. Family CoverageThe EMPLOYER agrees to deduct the difference between the costof individual coverage and the cost of dependent or FamilyCoverage from the compensation of any ARTIST described above,who chooses to elect such additional dependent or familycoverage. The EMPLOYER agrees to remit this payment to theappropriate insurance carrier along with the required EMPLOYERcontributions on a monthly basis.c. Dental Coverage2. Life InsuranceThe EMPLOYER shall provide a Dental Plan to all ARTISTs whoare engaged for twenty (20) weeks or more. Such DentalInsurance will provide basic dental benefits both inside and outsidethe City of Origination. As of the effective date of this Agreementthe EMPLOYER shall demonstrate to AGMA that the DentalCoverage available to ARTIST meets the requirement of thisSection. EMPLOYER shall endeavor to notify AGMA at leastsixty (60) days and in no event later than thirty (30) days prior toany change in levels of coverage or dental service providers. TheEMPLOYER shall meet and confer with AGMA so as todemonstrate compliance with this Section prior to any finaldecision taking place.The EMPLOYER will provide and pay for life insurance benefits for atleast Ten Thousand Dollars ($10,000.00) of coverage with an established,reputable insurance company selected by the EMPLOYER for ARTISTswho are engaged for twenty (20) weeks or more.3. Company Matching Retirement Accounta. The EMPLOYER will make available to all ARTISTs who areengaged for twenty (20) weeks or more, a 401K ARTIST-EMPLOYER matching retirement fund. This program will bechosen and implemented by the EMPLOYER. The EMPLOYERwill match fifty cents (.50¢) on every dollar up to three per cent(3%) of the ARTIST’s total gross salary for each dollar contributedby the ARTIST. For each completed year of employment, the37

ARTIST will be twenty per cent (20%) vested in theEMPLOYER’s contribution until the ARTIST is one hundred percent (100%) vested. The ARTIST’s contribution is always onehundred per cent (100%) vested. All ARTISTs who have beenemployed for five (5) years or more, when they enter the plan, willbe automatically one hundred per cent (100%) vested onEMPLOYER contributions. New eligible ARTISTs are able toenroll in the plan on the first day of the month following six (6)months of employment.b. In addition, each contract year EMPLOYER will make aguaranteed contribution of one and a half per cent (1 ½%) of eachof the ARTIST’s total gross salary without the necessity ofemployee matching. The one and a half per cent (1 ½%) providedherein shall be treated as an employee contribution for thepurposes of the vesting and therefore be immediately vested.Contributions shall be made on the standard time schedule underthe plan. In no event shall the contribution be made later thanJanuary 31 st .4. 125 Cafeteria PlanThe EMPLOYER shall make available to all ARTISTs who are engagedfor twenty (20) weeks or more, a tax-free savings program designed toprovide setting aside funds to pay certain expenses. ARTISTs can requestthat money be deducted from each paycheck in an amount equal toindividual insurance premiums; cost of non-reimbursed medical expenses,or dependent child care expenses. The EMPLOYER will takeresponsibility for informing participating ARTISTs that any unusedamounts remaining in their account will be forfeited at the end of the year.5. 403 (b) Tax ShelterThe EMPLOYER shall make available to all ARTISTs who are engagedfor twenty (20) weeks or more a program designed to provide allemployees of non-profit enterprises with a retirement plan wherebycontributions are taken on a pre-tax basis and can be invested in eitherannuities or mutual funds.6. Leavesa. Sick LeaveThe EMPLOYER agrees that an ARTIST, upon engagement, shallbe entitled to sick leave with full pay for not less than twelve (12)days during a contract year. Sick leave must be accrued before usewith the following exception: ARTISTs who are newly engagedshall receive six (6) of said sick days on the first day of38

employment in which case, ARTIST shall accrue the remainingsuch days equally throughout the contract year.i. Where permitted by law, in the event ARTIST receives timeloss benefits under the applicable workers’ compensation,disability, and/or unemployment compensation lawssimultaneously with the receipt of sick leave pay asprovided herein, the EMPLOYER will pay only thedifference between the benefits received and the ARTIST’sregular rate of pay unless and until the ARTIST’s sick leaveis exhausted.ii.iii.iv.After the third day, the EMPLOYER may demand acertificate of a doctor as to the illness of the ARTIST andan examination by a doctor designated and paid by theEMPLOYER as a condition precedent to sick-leave ordisability leave pay outlined in this Section.The EMPLOYER will not raise any provision of thisparagraph as a defense to or to reduce recovery for anyclaim ARTIST may have under any worker’s compensationlaw, unemployment insurance law, or for negligence. TheEMPLOYER shall truthfully reply to any governmentinquiries.ARTIST may accrue unused sick days from one contractyear of employment to the next, such accrual not to exceedtwenty (20) days.v. Up to seven (7) sick days may be used as personal days. Inall cases, ARTIST shall endeavor to give as much notice aspossible, but not less than seventy-two (72) hours prior tothe desired personal day. Personal days may be takenduring Performance Weeks only in cases of extraordinarycircumstance or emergency, subject to EMPLOYER’sapproval. Except for Performance Weeks, ARTISTs shallnot need to divulge the reason for the request.vi.Except in cases of emergency, on any day that ARTIST willbe unable to attend any rehearsal, due to illness, injury orother unforeseen circumstance, ARTIST shall informEMPLOYER of his/her absence as soon as possible, but inno event later than 10:45 a.m during Rehearsal Weeks.During Performance Weeks, ARTIST shall endeavor toinform EMPLOYER by 10:30am, but in no event later thanthirty (30) minutes prior to the commencement of CompanyClass or Warm-Up before a School Show.39

. Bereavement LeaveIn the event of a death in the immediate family, ARTIST may takeup to three (3) paid days off to make funeral and estatearrangements and/or attend the funeral. If additional days arerequired, arrangements may be made with the Executive Director.Immediate family members are defined as current spouse,significant other, parent, grandparent, great grandparent, sister,brother, all legally dependent children (per IRS guidelines),guardian, ward, and any other person who, at the time of death,was residing in ARTIST’s home. The above relatives include thosewho are in-laws or step relatives.c. Jury DutyARTISTs performing jury duty will be paid the difference betweentheir regular pay and the jury duty pay for the duration of the juryduty period.d. Medical Leaves of Absencei. Work-related illness and/or injuryWhere the inability to perform is due to work-related injuryor illness, in addition to paid sick leave as provided for inthis Section, the ARTIST shall be entitled to an unpaidleave of absence, provided the ARTIST requests the leaveand the ARTIST’s treating physician provides writtenrecommendation for the leave.● Notice of InjuryARTISTs shall give the EMPLOYER notice of anyinjury within three (3) working days after theoccurrence, in order to comply with the Workers’Compensation Laws. The EMPLOYER has the right tomake reasonable requests from the ARTIST for medicalupdates.● Injury from Unusual AppliancesIf an ARTIST is injured to the extent that it prohibitsemployment due to a substantiated work-related injurywhile working with any unusual appliances (e.g., ropes,wires, trampolines) for the EMPLOYER, theEMPLOYER shall continue full payment of thecontract salary, less any Workers’ Compensationallowed by the State of Utah, for the remainder of thecontracted period.40

ii.Non Work-related illness and/or injuryWhere the inability to perform is due to non work-relatedinjury or illness, in addition to paid sick leave as providedfor in this Section, the ARTIST shall be entitled to anunpaid leave of absence for three (3) months, provided theARTIST requests the leave and the ARTIST’s treatingphysician provides written recommendation for the leave.iii.Pregnancy and Childbirth(a)(b)(c)(d)(e)(f)In the event that an ARTIST becomes pregnant,such ARTIST may continue to rehearse and perform(with the written consent of her Physician), untilsuch time as the Artistic Director decides that she isno longer able to fulfill her duties at her previouslevel of competency.At such time the ARTIST shall be offered aminimum of fifteen (15) hours per week ofmodified administrative duties as directed by theExecutive Director, for which she shall becompensated at fifty per cent (50%) percent of hercurrent weekly salary, or she may choose to go onunpaid maternity leave.In the event a Character role is offered for theARTIST to perform, she may choose to rehearseand perform said role and be compensated at onehundred percent (100%) of her current weeklysalary.The ARTIST may use any accrued sick days beforeor after going on modified duty or unpaid leave.The ARTIST’s health insurance will remain in effectduring any modified duty or unpaid leave. If theARTIST desires to maintain the health insurancebenefit provided herein, the ARTIST must continueto pay the ARTISTs portion of the health insurancepremium, if any, during weeks when the ARTIST’sare contracted.Unless ARTIST gives EMPLOYER notice of herintent to not return to employment as an ARTIST,the EMPLOYER shall not permanently replace41

ARTIST during the term of her pregnancy/maternityleave.(g)(h)(i)(j)In addition to paid sick leave as provided forelsewhere herein, the ARTIST shall be entitled to anunpaid leave of absence without loss of position orseniority provided that the ARTIST shall resumework not later than four (4) months aftertermination of pregnancy.If an individual ARTIST requires an additionalphysician advised period to recover from anypregnancy related medical condition(s), ARTISTmay take an unpaid leave of absence without loss ofposition or seniority for up to six (6) months aftertermination of pregnancy or until released from herphysician whichever comes first.Upon release from her physician, the ArtisticDirector will determine when the ARTIST iscapable of returning to work at the ARTIST’sformer level of capability. The ARTIST will then bereinstated with no loss of Seniority or rank.In the event an ARTIST, whether a spouse ordomestic partner, who is engaged on a weekly basisfor at least twelve (12) weeks becomes a new parentby birth or adoption (other than through her ownpregnancy), such ARTIST may take up to five (5)days of leave per contract year. ARTIST may applyaccrued sick leave to the leave provided in thisSection V. E. 6. d. iii. (b).iv.The EMPLOYER acknowledges all terms and conditionsof the Family and Medical Leave Act of 1993 and the termsand conditions of such Act shall prevail in the event thatthey are more favorable to the ARTIST than those set forthherein.v. Return from Leave – Upon his/her return from a leaveprovided for in this Section, ARTIST shall resume workwithout loss of Seniority or rank upon written medicalrelease from his/her physician. Upon return to work theArtistic Director shall determine when the ARTIST iscapable of Performance at the ARTIST’s level ofperformance prior to the leave of absence.vi.Benefits - The EMPLOYER will continue health benefitcontributions and all other benefit contributions contained42

in this Section for the ARTIST during such leaves ofabsence. However, if ARTIST was contributing to thehealth plan before the leave of absence and ceases to do soonce on leave, EMPLOYER may discontinue health benefitcontributions if ARTIST’s failure to continue suchcontributions results in the cancellation of the ARTIST’splan coverage by the insurer.vii.Modified Duty - Any tasks required of an ARTIST in amodified duty position will be within the scope of themedical restrictions, including time periods necessary fortherapy and rehabilitation resulting from the ARTIST’sinjury or illness. The EMPLOYER will make best effortsto offer the ARTIST work that is related to his/herprofession as a dancer. The EMPLOYER will not assignjanitorial work, warehouse work or production dutiesrequiring special skills to an ARTIST. ARTISTs who are onWorkers’ Compensation, who are assigned to workmodified duty, in no event, will receive less than their fullWorkers’ Compensation benefits for all periods duringwhich they provide services for the EMPLOYER,regardless of the nature of such service. Modified duty willbe assigned during weeks when the ARTISTs arecontracted, unless otherwise requested by the ARTIST.7. Service BonusAny ARTIST who has completed six (6) years or more of guaranteedemployment shall be entitled to Exit Pay if the ARTIST leaves for anyreason whatsoever. EMPLOYER shall compensate such ARTIST anamount equal to one-half (½) of his/her gross weekly compensation peryear as stated in his/her current Individual Artist Contract up to amaximum of nine (9) years.EMPLOYER may spread out the payment of monies set forth under thisprovision in any manner that it sees fit provided that such payment ismade during work-weeks and is completed no later than the finalscheduled work-week of the contract year for each applicable ARTIST.8. ParkingFor each calendar month in which the dancers are employed for one weekor more, all ARTISTs shall be compensated at a rate of forty dollars ($40)per calendar month for parking during contracted weeks. Thiscompensation will be included in the first check of each calendar month.43

9. Performance TicketsEMPLOYER will supply each ARTIST with two (2) pairs ofcomplimentary tickets for each local series of Performances, includingtwo (2) pairs for The Nutcracker. However, EMPLOYER shall only needto supply each ARTIST with one (1) pair of complimentary tickets foreach Performance Series at the Rose Wagner.Tickets for Purchase by ARTISTs - In addition to the complimentarytickets offered above, one hundred (100) moderately priced tickets shall beheld for each Performance in the City of Origination of The Nutcracker forpurchase by ARTISTs on a first-come first served basis, and for each SaltLake City repertoire performance, twenty (20) moderately priced ticketsshall also be held. Such tickets shall be available for purchase at a 10%discount for forty-eight (48) hours after posting of casting schedules for allPerformances in the City of Origination. ARTISTs who have purchasedor received comp tickets for Performances, prior to any cast change fortheir role(s), shall be allowed to exchange said tickets, subject toavailability.10. ARTIST Well-Being ProgramIn recognition of the fact that ARTISTs need a consistent amount ofphysical maintenance in order to stay healthy and perform at the optimumstandard required by the EMPLOYER, the EMPLOYER shall provideARTISTs with the following:• A physical therapist for fifteen (15) hours per week for each contractedweek of employment. EMPLOYER and ARTISTs shall work togetherin Joint Committee to ensure that such physical therapist is mutuallyacceptable.• Physical Maintenance Allowance of one hundred and twenty dollars($120.00) per ARTIST per contract year to be reimbursed to eachARTIST upon presentation of a receipt. These monies shall be used forany service or products related to physical maintenance.The ARTIST Well-Being Program will remain as a permanent agendaitem for Joint Committee as a means of continuing to investigate anddevelop methods and means for the establishment of an improved PhysicalMaintenance Program that will not only serve to support the longevity,health and performance of the ARTISTs, but enhance the EMPLOYERfinancial security by preventing and limiting injuries. If EMPLOYER isunable to maintain current level of programs, EMPLOYER shall giveARTISTs immediate notice of such change and bring the change to theJoint Committee for resolution.44

SECTION VI. REHEARSAL/PERFORMANCE CONDITIONSA. GENERAL PROVISIONS1. Weeks, Free Days & Holidaysa. Rehearsal Weeki. The EMPLOYER shall schedule Rehearsal Weeks on a five(5) day basis.ii.iii.iv.The EMPLOYER shall not require an ARTIST to engage inmore than thirty (30) hours of Artist Activity in anyRehearsal Week or six (6) hours of Artist Activity on anyone day in a Rehearsal Week.Rehearsal Weeks need not be consecutive.During each five (5) day Rehearsal Week, each ARTISTshall receive two (2) consecutive Free Days as definedherein. EMPLOYER shall make best efforts to scheduleconsecutive Free Days on Saturday and Sunday. In theevent the EMPLOYER is not able to schedule consecutiveFree Days on Saturday and Sunday, the EMPLOYER shallnotify ARTISTS no later than fourteen (14) days prior tothe first changed Free Day.v. If the ARTIST shall be required to rehearse more than thirty(30) hours per week or more than six (6) hours per dayduring a five-day week, the EMPLOYER shall compensatesuch ARTIST overtime pay in half (½) hour increments.vi.EMPLOYER shall schedule all ARTIST ACTIVITIESwithin a seven (7) hour span, each day during all RehearsalWeeks.b. Performance Weeki. The EMPLOYER shall schedule Performance Weeks on asix (6) day basis, except as needed for two weeks duringThe Nutcracker.ii.iii.The EMPLOYER shall not require an ARTIST to engage inmore than thirty (30) hours of ARTIST Activity in anyPerformance Week or five (5) hours of ARTIST Activity ona non-performance day.Each ARTIST shall receive in each Performance Week atleast one (1) Free Day as defined herein in each Monday45

through Sunday Week, except as needed for two weeksduring The Nutcracker.iv.If the ARTIST shall be required to rehearse more than thirty(30) hours per week or more than five (5) hours per dayduring a six-day week, the EMPLOYER shall compensatesuch ARTIST overtime pay in half ( ½ ) hour increments.v. EMPLOYER shall schedule all ARTIST ACTIVITIESwithin a ten and one-half (10 ½ ) hour span each day duringall performance weeks. However for a Run-Out,EMPLOYER may deduct the time scheduled for aCompany Class from the ten and one-half (10 ½ ) hourwork spanvi.EMPLOYER may schedule a fifteen (15) minute notesession on a Performance day following Company Classonly on a day in which no rehearsals are scheduled. Suchnote session shall be counted as part of the working day tobe calculated in fifteen (15) minute increments and allARTISTS are to attend. ARTISTS are not expected to wearpractice clothes or to dance full out. This note session mustbe completed no less than sixty (60) minutes before thecommencement of the Performance.c. Free Dayi. During Performance Weeks the twenty-four (24) hourconsecutive time period shall be from thirteen (13) hoursafter the close of the last preceding performance. But inany event, where a Free Day is followed by a SchoolPerformance, the ARTIST may be called at 9:30 a.m. for aSchool Performanceii.iii.iv.During a Rehearsal Week, there shall be two (2) Free Daysin each calendar week. During a Performance Week thereshall be either one (1) Free Day in each calendar week ortwo (2) Free Days in each fourteen (14) days. However,the Employer will attempt to schedule all ARTISTACTIVITIES so that at least one Free Day will occur inevery seven (7) days, whenever possible.Services on a Free Day shall be paid at the penalty rate,with a three (3) hour minimum call.No ARTIST shall be required to perform, nor shall suchARTIST be allowed to volunteer to perform, any ARTISTACTIVITY on a Free Day without prior written consentfrom AGMA.46

v. After a Performance Series, the EMPLOYER will giveARTISTs two (2) consecutive Free Days, whenever a layoffperiod is not scheduled immediately after said run. Awaiver shall not be unreasonably withheld. If aPerformance Series is followed by not more than one (1)Rehearsal Week before an Ogden engagement,EMPLOYER may reschedule one (1) required Free Dayupon approval of the Artist Joint CommitteeRepresentatives.d. Holidaysi. ARTISTs may not be required to rehearse and/or perform,on the following legal holidays: New Year’s Day, MartinLuther King Jr. Day, President’s Day, Memorial Day,Easter, Independence Day Pioneer Day, Labor Day,Thanksgiving Day and Christmas Day. All such legalholidays shall be in addition to the regularly scheduled FreeDays. Free Days shall not be scheduled on holidays, exceptduring The Nutcracker in which case Christmas may beused as the designated Free Day for that week provided analternative Free Day is determined and scheduled by theJoint Committee. If the holiday falls on a scheduled FreeDay, rescheduling shall be determined by the JointCommittee.ii.An ARTIST who performs an ARTIST Activity on aholiday listed in the paragraph above will receive anadditional one-fifth (1/5) of his/her weekly salary.2. Company Class/Warm-Upa. Company Classi. Company class is not mandatory.ii.iii.iv.EMPLOYER agrees not to take role or attendance at anyclass.EMPLOYER shall offer class on each performance andrehearsal day.During Rehearsal Weeks, class shall begin no earlier10:00 a.m.v. During Performance Weeks, class shall begin no earlierthan 11:00 a.m., except before Nutcracker Performanceswhich begin earlier than 2:00 p.m.47

vi.vii.viii.ix.A request by the EMPLOYER for a shorter class periodwhile on tour must be approved by mutual consent of theJoint Committee at least two (2) weeks prior to departure.If an instructor for a scheduled class fails to appear,EMPLOYER will deposit fifty dollars ($50.00) into theCompany ARTISTs’ Resource Fund.During any layoff periods of one (1) week or less, theEMPLOYER may offer class for such layoff period.During any layoff period of more than one (1) week, theEMPLOYER shall offer class or make alternatearrangements for the ARTISTs to attend class. In anyevent, for a layoff period of four (4) weeks or more, theEMPLOYER shall offer class to ARTISTs one (1) weekprior to end of the layoff, to be held at the home studio.Two (2) Company Classes per Rehearsal Week shall notinclude Ballet West II Dancers.x. EMPLOYER shall not permit more than one (1) guest totake Company Class when BWII is in attendance. Thisprovision may be removed once Ballet West relocates totheir new facility and AGMA has an opportunity to reviewthe space and determines that this provision is no longerneeded.b. Warm-upi. Warm-up is not mandatory.ii.iii.iv.EMPLOYER agrees to not take role or attendance at warmup.EMPLOYER shall offer warm-up prior to the first SchoolPerformance of the day..EMPLOYER shall offer warm-up prior to any eveningPerformance on a one (1) Performance day provided that itis agreed upon in Joint Committee.3. Role Assignmenta. Casting shall be posted two (2) weeks prior to a performance orseries of performances. Any change in casting made within twentyfour(24) hours of a performance shall be posted and shall requirepersonal notification to each ARTIST involved, except in case ofemergency. For each day after the mandatory notice should havebeen posted two (2) weeks prior to a performance, theEMPLOYER delays or misses cast posting, the EMPLOYER will48

contribute one hundred dollars ($100.00) to the Company Artists’Resource Fund.b. The EMPLOYER shall ensure that anyone designated as aperformer or cover is notified of his/her part or cover designationprior to the fifth day of the first Rehearsal Week of that dancepiece. In the case of any new choreography or a guest setting awork on the ARTIST for the first (1st) time in three (3) years, thedaily schedule shall be posted twenty-four (24) hours in advancefor the first four (4) days of rehearsal. Guest Choreographers mustpost a provisional cast list of their dance piece no later than five (5)days of their workings days, immediately following their arrival inSalt Lake City, UT. The EMPLOYER shall give each ARTISTsuch notification prior to scheduling each ARTIST for any costumefitting for such designated roles. If such notifications do not occurthe EMPLOYER shall contribute to the Artists’ Resource Fund onehundred dollars ($100.00) per day until notice is given.c. The ARTIST shall be provided with adequate rehearsal time for allnew or not previously performed roles. In no event shall anARTIST be required to perform a role for which they have notbeen given a studio run-through rehearsal of that role.The EMPLOYER guarantees that an EMERGENCYREHEARSAL will be scheduled for any ARTIST who isscheduled to perform who has not yet been given a studio rehearsalof that role.d. ARTISTs shall not have the right to refuse to appear in any dancingrole as assigned by the Artistic Director except when morallyunacceptable to the ARTIST (e.g., nudity, blackface). Thisprovision shall not be invoked in the casting of roles of the typewhich are generally accepted roles in the United States.4. Rest Spana. Overnight Rest Span - The first required service of an ARTISTshall not be sooner than twelve (12) hours following the end of thelast preceding performance or rehearsal period in the City ofOrigination. If the ARTIST is required to provide any ARTISTActivity within the twelve (12) hour period, he/she shall becompensated for such rehearsal at the appropriate hourly Penaltyrate.b. Rest Span during Rehearsal Daysi. The ARTIST shall not work more than fifty-five (55)minutes without a five (5) minute break. However, during astage-rehearsal, there shall be one twenty (20) minute, or49

two ten (10) minute breaks during each three (3) hours, andone ten (10) minute break for any fourth hour. At no timewill an ARTIST rehearse for more than ninety (90) minuteswithout being given a break of at least ten (10) minutes.EMPLOYER may give ARTISTS a ten (10) minute breakafter up to eighty (80) minutes of a studio-rehearsal underone of the following conditions only:• if such studio rehearsal is a working run-throughrehearsal of a multiple act ballet, or• if such studio rehearsal is for a ballet or an act of aballet that has a running time greater than fifty (50)minutes without stops.Such a call shall be noted on the daily schedule as an “80 –10” rehearsal. “80-10” rehearsals may include stops andstarts.ii.In any four (4) hours of rehearsal time, each ARTIST shallreceive sixty (60) consecutive minutes Rest Time. Themaximum number of consecutive hours of rehearsal forwhich an ARTIST may be called is three (3) hours, exceptfor a rehearsal that requires a one-half (1/2) hour call, inwhich case the maximum number of consecutive hoursshall not exceed three (3) hours and forty (40) minutes.Except as set forth above, if the ARTIST is scheduled torehearse for a fourth (4th) consecutive hour, the first thirty(30) minutes of such fourth (4th) consecutive hour shall bepaid at the overtime rate and any additional consecutiverehearsal time thereafter shall be paid for at the penalty ratein one-half (1/2) hour increments. The ARTIST will not berequired to travel to another place of rehearsal nor willcostume fittings be scheduled during the one (1) hour restperiod. However an ARTIST may work for up to four (4)consecutive hours without a sixty (60) minute rest time atno additional compensation only if all of the followingconditions exist:• The four (4) consecutive hours must begin with the first(1st) scheduled Artist Activity of the day (currently11:45).• The fourth (4th) consecutive hour may only consist ofan Artist Activity that does not require anydancing, (i.e. costume fitting, interview), and,50

• The ARTIST is not called to take part in anyadditional Artist Activity that day.It is further understood that any portion of this forth (4th)scheduled hour will count as the full fourth (4th) hour.iii.iv.ARTISTs must have one and one-half (1½) hours offbetween rehearsals called at two (2) different studios ortheater locations if such locations are more than one (1)mile apart.All dress rehearsals or rehearsals requiring make-up mustinclude a one and one-half (1 ½) hour rest interval prior tothe half (1/2) hour call for a Dress Rehearsal.c. Rest Spans on Performance Daysi. The ARTIST shall not be required to rehearse within thetwo (2) hour period prior to the commencement of anyperformance, unless such rehearsal is scheduled underemergency conditions as herein defined and furtherprovided that such emergency rehearsal is compensated foras provided in Section II. M. of this Agreement.ii.iii.There shall be a minimum of a one (1) hour rest periodbetween the end of a School Performance and the firstscheduled Artist Activity with the exception ofPerformance as outlined in Section VI. C. 6. of theAgreement.The EMPLOYER agrees that there shall be a minimumperiod of two (2) hours intervening between the conclusionof any matinee performance and the commencement of theevening performance during which period the ARTIST maynot be required to rehearse, travel and/or perform any ArtistActivity.B. REHEARSAL CONDITIONS1. Generala. Any rehearsal may be called in no less than half (½) hourincrements and counted as posted on the schedule.b. If the EMPLOYER schedules more than one (1) rehearsal at thesame time that covers material for which an ARTIST must beresponsible, the EMPLOYER may release such ARTIST from onerehearsal in order to attend another rehearsal. The EMPLOYER51

must indicate which rehearsal the ARTIST is first required toattend on the daily schedule.c. In the event that an ARTIST misses a rehearsal of a role for whichhe/she must be responsible because he/she has been scheduled toparticipate in another rehearsal at the same time, the EMPLOYERwill make best efforts to insure that such ARTIST will be broughtup to speed with any and all pertinent information he/she missed.Artistic Director, Ballet Mistress/Master and anyone who isresponsible for leading future rehearsals of the scenes involvedwill be informed of why the ARTIST had to miss that rehearsal andthe ARTIST will in no way suffer any repercussions for missingsuch rehearsal.d. The EMPLOYER agrees to provide piano accompaniment for allclasses and scheduled rehearsals whenever possible.e. Whenever possible, in the event that an alternate cast does not havean orchestra rehearsal, the EMPLOYER will provide taped musicwith the intended performance tempo and appropriate orchestrationfor the final rehearsal prior to the performance for such alternatecast.f. Rehearsals in the City of Origination - It is the intention of theparties to this Agreement that no ARTISTs will be required toperform a new ballet without direct instruction or coaching by thechoreographer of the ballet or his/her representative, wheneverpossible to be held in the City of Origination.g. Compensation for rehearsals shall commence from the time of thescheduled Artist Activity for such rehearsals and conclude at thetime of the scheduled dismissal.h. ARTIST shall not be required to dance during a spacing rehearsal.i. In the event an Artistic Staff member is not present at a rehearsal, afee of fifty dollars ($50.00) shall be deposited in the Artists’Resource Fund.j. There shall be at least one Dress Rehearsal prior to the openingnight for each Performance Series2. Rehearsals during Performance Weeksa. The ARTIST shall not be required to rehearse in excess of two (2)hours on a Performance day unless there is a Dress Rehearsal,when the ARTIST shall not be required to rehearse in excess ofthree (3) hours and forty (40) minutes.52

. Whenever possible, the EMPLOYER shall schedule DressRehearsals on non-performance days.c. EMPLOYER shall use its best efforts to ensure that any ARTISTwho is required to perform in an evening Performance of TheNutcracker shall only be required to rehearse one (1) hour on saidday.d. On non-performance days during Performance Weeks, the ARTISTmay be required to rehearse not more than five (5) hours per day(i.e., rehearsals during Performance Week):A or BOther non-performance days: 5 hrs 5 hrs.Day preceding opening night: 5 hrs. (includes 4 hrs.Dress Rehearsal)Opening night: 2 hrs. 3 hrs. (includesDress Rehearsal)Subsequent performance days: 2 hrs. 2 hrs.In the event there are two (2) Dress Rehearsals on the day beforeopening, there shall be no Dress Rehearsal on the day of opening.In the City of Origination, EMPLOYER will utilize Column Aonly. EMPLOYER may schedule using Column B duringPerformance Weeks on tour.e. Rehearsal will be permitted on a day in which two (2)Performances are given only in case of emergency, as outlined inSection II. M. of this Agreement.f. With the exception of School Performances, no rehearsal shall bepermitted following a performance.3. ARTIST Sign-inFor stage rehearsals at which the EMPLOYER provides an officialcallboard and which are subject to a one-half (1/2) hour call, eachARTIST called shall arrive at the theater and sign-in on the officialcallboard one-half (1/2) hour prior to the scheduled rehearsal call time. Inall events where ARTIST is unable to appear for rehearsal, EMPLOYERmust be notified as soon as possible.C. PERFORMANCE CONDITIONS1. Sign-In RequirementAll ARTISTs scheduled for a particular performance shall arrive at thetheater and sign-in on the official callboard one-half (1/2) hour prior to thescheduled start time of the performance (“half-hour call”). If an ARTIST53

is unable to appear for performance, the EMPLOYER must be notified assoon as possible. Once an ARTIST has arrived and signed for one-half(1/2) hour call, he/she shall not leave the theater until released by anArtistic Staff Member or until finished with the performance.2. CoversARTISTs designated to cover a role in a Performance, either as analternate cast or cover, shall be present at least one-half (1/2) hour beforecurtain. Such ARTISTs may leave only after the role for which they arecovering has been performed, or the ARTIST has been excused by ArtisticStaff.3. “Calls”Stage Manager, or his/her Designee, shall make “Calls” for StageRehearsals which include one-half (½) hour calls and Performances asfollows:a. “Half Hour Call” one half (1/2) hour before the scheduled startingtime.b. “Fifteen Minute Call” fifteen (15) minutes before the actualstarting time.c. “Ten Minute Call” ten (10) minutes before the actual starting time.d. “Five Minute Call” five (5) minutes before the actual starting time.e. “Onstage Call” three (3) minutes before curtain time.f. “Places Call” one (1) minute before curtain time.g. “Fifteen Minute Intermission Call” fifteen (15) minutes prior to theend of intermission.h. “Ten Minute Intermission Call” ten (10) minutes prior to the end ofintermission.i. “Five Minute Intermission Call” five (5) minutes prior to the endof intermission.j. “Onstage Call Intermission Call” three (3) minutes prior to the endof intermission.k. “Places Call Intermission Call” one (1) minute prior to the end ofintermission.54

4. Intermissions/Pausesa. When the EMPLOYER elects to have an intermission betweenballets, or Acts of a ballet, EMPLOYER agrees that any suchintermission shall be at least fifteen (15) minutes in length.Intermission times shall begin at the end of curtain calls, or if thereare no curtain calls, when the curtain comes down. Although roleswithin any ballet may require a costume, hair or make-up change,sufficient time will be provided and such changes will not requirean intermission.b. No rehearsals of anything including bows, walk-throughs, notes,stagings, or spacing will occur during any intermission or pausebetween pieces, unless requested by an ARTIST or in anemergency situation.c. During the first ten (10) minutes of an Intermission, no wardrobeperson shall enter an ARTIST’s dressing room. After the first ten(10) minutes no more than two (2) Wardrobe staff members at atime shall enter an ARTIST’s dressing room.5. Maximum Number of Performancesa. ARTIST may not be required to take part in more than seven (7)performances per week on tour and not more than eight (8)performances per week in the City of Origination. If the ARTISTshall be required to take part in more than seven (7) performancesin any week while on tour or more than eight (8) performances inany week in the City of Origination, ARTIST shall be paid not lessthan one-fifth (1/5) of his/her agreed-upon weekly compensationfor each such additional performance.b. Preview performances will be considered full performances.c. No ARTIST shall be required to perform in more than two (2) fullperformances per day.6. School Performancesa. No School Performance may begin prior to 9:30 a.m., includingthe half (1/2) hour sign in call.b. Warm-ups for School Performance shall begin no earlier than9:00 a.m.55

c. School Performances shall not exceed ninety (90) minutes inlength including half (½) hour call.d. A School Performance does not convert a Rehearsal Week into aPerformance Week.e. On a two (2) School Performance day, EMPLOYER may use up toone and one-half (1 ½) hours to accommodate change of studentaudience between shows. The one-half (½) hour call for thesecond show shall be in the last half (½) hour of such break.f. For the purposes of determining the maximum number ofPerformances and School Performances allowed in a PerformanceWeek only, each School Performance shall count as one-half (1/2)of a Performance. However, second School Performance on thesame day shall count as one (1) Performance. Two (2) SchoolPerformances that are performed consecutively on the same dayshall therefore count as one and one-half (1 ½) Performances.g. School Performances scheduled on a Performance/Dress Rehearsalday following a day which includes an evening performance or anevening dress rehearsal, shall not be scheduled to start earlier than10:00 a.m.h. On a Performance Day or day with a Dress Rehearsal, there shallonly be one (1) School Performance.7. All performance conditions shall apply to Preview Performances andSchool Performances.8. Lecture Demonstrations/OutreachShould the EMPLOYER decide to include any number of ARTISTs aspart of a Lecture Demonstration, the EMPLOYER will negotiate withAGMA in advance of those matters directly relating to subsistenceallowance, transportation arrangements, and participation in the LectureDemonstration.D. POSTING OF SCHEDULES1. A callboard shall be provided in each place where rehearsals are regularlyscheduled, and all notices concerning rehearsals shall be posted thereon.Complete daily schedules must be posted at least two (2) working days,forty-eight (48) hours in advance of the first Artist Activity. During aPerformance Week, the information provided on the callboard closest tothe stage shall override information provided on any other callboard.56

2. If the EMPLOYER does not abide by the foregoing or a part thereof, theARTIST shall be exonerated for any lateness or missing of rehearsalsoccasioned thereby, and EMPLOYER shall pay one hundred dollars($100.00) into the Artists’ Resource Fund. The EMPLOYER shall usebest efforts to notify the ARTISTs by telephone or in person within onehalf(½) hour after curtain down on a performance day or Dress Rehearsalday and prior to 9:00 a.m. on a rehearsal day of any changes in rehearsalschedule for the following day.3. Change of Rehearsal Schedule ProcedureIf an early release from a rehearsal or a cancellation of a rehearsal, or aneed from EMPLOYER prompts a desire for either the EMPLOYER or anaffected ARTISTs to alter the schedule for the rest of the day, thefollowing procedure shall be used to determine whether or not theschedule shall be altered:a. Delegates and the appropriate Ballet West staff member shalldiscuss suggested change option(s).b. Delegates shall decide whether or not to present such an option(s)to the affected ARTISTs.c. If after such discussion Delegates decide to present such anoption(s) to the affected ARTISTs, the affected ARTISTs shall beconvened for the purpose of explaining such option(s) and taking avote.d. Affected ARTISTs shall vote by secret ballot.e. The proposed schedule change shall be implemented only if thevote is unanimous.f. At no time shall a Ballet West staff member approach an individualARTIST nor should an individual ARTIST approach a Ballet Weststaff member regarding such options. All such requests shall bemade through a Delegate only.E. COSTUMES, SHOES, WIGS AND MAKE-UP1. The EMPLOYER agrees to supply the ARTIST with all costumes, wigs,hair coloring, shoes, body makeup, and any special make-up andaccessories for character roles, and all costume accessories (i.e., jewelry,fans, and so forth) prior to performances and rehearsals in which suchitems are required in a manner that is in keeping with the Health andSafety Standards outlined in Exhibit B, Section J. If EMPLOYERrequests ARTIST to purchase his/her own items, EMPLOYER shallreimburse ARTIST.57

a. Performance AccessoriesReturning ARTISTs will submit to the Wardrobe Supervisor, uponrequest, information regarding sizes, and when applicable brands,not later than the final week of the contract year. ARTISTs new toBallet West will be required to submit previously listedinformation to EMPLOYER within the first week of employment.i. Performance TightsEMPLOYER shall issue each ARTIST performance tightsof acceptable quality, both to EMPLOYER and ARTIST,as needed for the contract year. Performance tights will beissued before a performance as needed and will becollected ten (10) minutes after the final curtain to belaundered.ii.Performance Dance BeltsEMPLOYER shall issue each male ARTIST performancedance belts of acceptable quality, both to EMPLOYER andARTIST, as needed during the contract year. Dance beltswill be issued prior to each performance and will becollected ten (10) minutes after the final curtain to belaundered.b. All ARTIST’s costumes and small clothes (e.g. tights, trunks, anddance belts) will be distributed in dressing areas both on tour or inCity of Origination no later than half (½) hour call. It shall be theARTIST’s responsibility to notify the Wardrobe Supervisor of anymissing items as soon as possible.c. THE EMPLOYER agrees ARTIST’s costumes will be cleaned atthe beginning of each contract year, after fifteen (15) uses, and/orprior to another ARTIST’s use. The EMPLOYER agrees tolaunder all washable performance items and small clothes aftereach performance. Further, the EMPLOYER agrees to issue T-shirts, to be worn under costumes, as needed, and socks asnecessitated by the costumes. ARTISTs will never be required towear unlaundered tights or washable performance items under anycircumstances. Washable attached trunks of a costume shall belaundered or hand-washed after each wearing when said costume isshared.d. The EMPLOYER shall supply each ARTIST with wigs, beards,specialty make-up, accessories, hair pieces and/or costume jewelrythat is required by the EMPLOYER to be worn by the ARTIST inany dance piece. These items shall be distributed no later thanone-half (½) hour prior to the Performance or Dress Rehearsal.58

The Artistic Director may require an ARTIST to change hair coloror length for a specific role. Wardrobe shall assist, and supply haircoloring, in the event of such a change. ARTISTs must receiveapproval from the Artistic Director to make any significant changein hair color or length. Additionally, the Wardrobe Departmentshall require four weeks notification to facilitate the purchase ofnew or matching hair pieces.e. Character skirts and practice tutus will be issued by theEMPLOYER for rehearsals, at the discretion of the Artistic Staff,and/or Choreographers. When a specialty costume is required andnot available for rehearsals, the EMPLOYER shall supply similarattire when requested by Artistic Staff and/or Choreographers.f. ARTISTs will not be required to distribute or pack their owncostumes at any time.2. Costume Fittingsa. Costume fittings must be called and counted in fifteen (15) minuteincrements.b. No costume fitting shall be permitted on a two (2) performanceday or an ARTIST’s Free Day. In the event that an ARTIST isunable to attend his/her fitting for any reason, the ARTIST willmake best efforts to contact the Costume Department as soon aspossible and reschedule the fitting at the next availableopportunity, inclusive of ARTIST’s rest time. EMPLOYER shallmake best efforts to call ARTIST to fittings only when they arefree from rehearsals.c. Only in the event that there are circumstances beyond the controlof the EMPLOYER pertaining to facilitating Costume fittings,such fittings may be scheduled in less than the prescribedminimum forty-eight (48) hours notice, but in no event with lessthan twenty-four (24) hours notice.3. Costume and Wig Performance PoliciesEMPLOYER’s Wardrobe Department has a system of organization thatpertains to costumes that are used by the ARTISTs in the theatre.Costumes are defined as: all items that the Wardrobe Department isresponsible for including, performance costumes and their accessories,small clothes such as unitards, leotards, tights, trunks, thongs, dance belts,t-shirts, socks and jewelry, special make-up, hats, headpieces, wigs,hairpieces, character shoes, dyed pointe shoes and boots.59

a. All costume pieces will be distributed to the dressing rooms ordesignated dressing areas in a systematic way. ARTISTs may notchange the system without prior discussion with the WardrobeSupervisor.b. All ARTISTs are responsible for checking all costume pieces, assoon as possible after half (½) hour call, to be certain that all of thenecessary pieces are there. If any piece is missing ARTIST willinform Wardrobe Supervisor as soon as possible.c. Female ARTIST’s small clothes may be distributed in the dailydistribution bags. Thongs will be distributed in individual laundrybags. All items placed in these bags are to be placed in the laundrybaskets provided at the end of each performance. The ARTIST’sthong bag must be closed by the Artist. All other costumes are tobe returned in same manner as they are received and to the sameplace from which they are distributed unless otherwise requestedby the Wardrobe Supervisor.i. Freeds tights, by their nature, must be “serged” and not cut.Only the Wardrobe staff will do this.ii.If rosin is used inside the ARTIST’s shoes, the feet of thetights must remain outside the daily distribution bag beforegently closing the bag.d. Male ARTIST’s small clothes may be issued in the dailydistribution bags. Dance belts will be distributed in individuallaundry bags. All items placed in these bags are to be placed in thelaundry baskets provided at the end of each performance. TheARTIST’s dance belt bag must be closed by the ARTIST. All othercostumes are to be returned in same manner as they are receivedand to the same place from which they are distributed unlessotherwise requested by the Wardrobe Supervisor.e. Headpieces, hat and hairpieces shall be distributed to dressingrooms or dressing areas.f. A Wig Station will be designated when needed. Wigs will be puton and taken off at the Wig Station with the assistance of a memberof the wardrobe staff.g. Artistic staff, and/or designers will define special make-up. If anARTIST purchases any special make-up, receipts may be given tothe Wardrobe Supervisor for reimbursement, in which case suchsupplies purchased by EMPLOYER will become the property ofthe EMPLOYER. Special make-up supplies which are the propertyof the EMPLOYER will be in the Wardrobe or Wig Station or60

other area designated by the Wardrobe Supervisor, and will bepicked up by the ARTIST.h. ARTIST’s may rehearse in costumes only during a scheduled dressrehearsal, or at the request of Artistic Staff. All costume piecesshall be available at the half (½) hour call. Costume pieces may beavailable one (1) hour prior to the performance, with permission ofthe Wardrobe Supervisor, when requested. Request must bereceived forty eight (48) hours in advance.i. ARTISTs are to preset costume pieces and hangers needed forquick changes as instructed by the Wardrobe Department. Asincere effort will be made to have dressers return all costumesfrom a quick-change area to the ARTIST’s dressing roomwhenever possible. Wardrobe Supervisor will determine when thisis possible. If dressers are not available, it will be the ARTIST’sresponsibility to return costume pieces to the dressing room.Personal items will always be the ARTIST’s own responsibility.j. Dressers will be hired for all dress rehearsals and performances.Dressers will assist the ARTISTs with dressing and quick changes.All repairs, alteration requests and the special cleaning needs mustbe made directly to the Wardrobe Supervisor by the end of theperformance. If a costume needs repair or special cleaningattention, ARTIST may give that costume to the dresser who willbring it to the wardrobe area.k. ARTISTs are to return all costume pieces to their proper placeswithin ten (10) minutes of final curtain. In a repertory programthis means within ten (10) minutes of the end of each work. For afull-length ballet this means within ten (10) minutes of the finalcurtain of each act.l. The Wardrobe Department will post ARTIST’s costume notes ifrequested.m. ARTISTs may rent costumes from EMPLOYER as set forth inSection IV.D.5. of this Agreement.n. Fittings for rentals will be arranged at a mutually convenient timefor the ARTIST and the Costume Production staff. Such fittingswill not be considered an Artist Activity under the terms of theBasic Agreement.o. ARTIST shall not sit in costumes unless necessitated by emergencyor artistic considerations.61

4. ShoesUpon signing an Individual Artist’s Contract, the ARTIST agrees to supplythe EMPLOYER, in writing, their requirements for pointe shoes, balletshoes and jazz shoes. These requirements shall include size, brand andspecial order information. ARTISTS returning for their second orsubsequent seasons will be required to supply EMPLOYER with anychanges to the above requirements after signing their Individual Artist’sContract. EMPLOYER reserves the right to request additionalinformation as the repertory for the season dictates. The EMPLOYERwill exert their best efforts to periodically provide for a shoemanufacturer’s representative to be on the premises to measure andascertain the proper shoe orders.a. Pointe Shoesi. Each APPRENTICE ARTIST, New Dancer ARTIST,CORPS ARTIST, SENIOR ARTIST and DEMI-SOLOISTARTIST shall be allotted forty-four (44) pairs of pointeshoes for a given season provided the number of workweeks does not exceed thirty-eight (38).ii.iii.iv.Each SOLOIST ARTIST and SENIOR SOLOIST ARTISTshall be allotted sixty-six (66) pairs of pointe shoes for agiven season provided the number of work weeks does notexceed thirty-eight (38).Each PRINCIPAL ARTIST shall be allotted eighty-eight(88) pairs of pointe shoes for a given season provided thatthe number of work weeks does not exceed thirty-eight(38).Employer reserves the right to apply any unused shoes tothe next season’s allotment, with the following conditions:• The season for which the shoes were intended forhas concluded and lay off shoes have been issued.• The ARTIST has returned their Individual Artist’sContract and has indicated to the EMPLOYER thatshe wishes to make no changes to her shoespecification whatsoever.• The ARTIST finds all shoes to be of acceptablequality for use.• The ARTIST has placed a new order per d. of thissection and the order has not yet arrived.62

v. EMPLOYER shall provide all returning ARTISTs with noless than fifteen (15) pairs of pointe shoes upon thebeginning of the season.vi.vii.viii.The EMPLOYER reserves the right to supply ARTISTsnew to Ballet West no fewer than eight (8) pairs of shoesfor the purpose of determining the accuracy of the order. Ifthe shoes are satisfactory, ARTIST shall receive the balanceof the order to comply with the fifteen (15) pairs, as statedabove, as soon as shoes become available.EMPLOYER may require the ARTIST to turn in worn outpointe shoes.Additional shoe requests will not be unreasonably denied.b. Supplemental Artists and Guest ArtistsAll female ARTISTs, prior to their first week of employment orengagement in ARTIST Activity, shall receive one pair of pointeshoes. All ARTISTs shall be given one pair of ballet slippers.Additional pairs of pointe shoes and ballet slippers shall be issuedas needed thereafter.c. Shoe QualityThe EMPLOYER acknowledges the need for and encouragesdialogue regarding quality of shoes being supplied. All shoeorders that do not meet previously agreed specifications or are ofpoor craftsmanship may be returned to the EMPLOYER with awritten explanation to facilitate a return to the manufacturer and toprocess a new order.d. Shoe ChangesThe ARTISTs retain the ability to change their shoe requirementsat any time. The ARTISTs must, however, discuss these changesas well as the need for these changes with the EMPLOYER,specifically the Costume Director and Ballet Mistress. After suchdiscussion, the order will be changed. Depending on themagnitude of the changes, the ARTISTs may be required to utilizetheir current inventory until the new order arrives. TheEMPLOYER shall make all available attempts to acquire aninterim shoe that is both safe and acceptable to the ARTIST if thecurrent inventory is not.63

e. Ballet Slippersi. Female ARTISTs shall receive one pair of ballet slippersper season, but shall receive an additional pair if necessarydue to the rehearsal requirements of the season.ii.Male ARTISTs shall receive ballet slippers on an as neededbasis. EMPLOYER may require the ARTIST to turn inworn out shoes.f. Layoff ShoesFemale ARTISTs are entitled to no less than one pair of pointeshoes for every two weeks of layoff. Male ARTISTs are entitled tono less than one pair of ballet slippers for every two weeks oflayoff.g. Shoe InspectionARTIST may be required to inspect new orders if the ARTIST orEMPLOYER feels that the quality may be in question. ARTISTand EMPLOYER will find a mutually agreeable time for suchinspection.h. Specialty Shoesi. Character ShoesFemale ARTISTs shall be provided with a new pair ofcharacter shoes to be issued for rehearsal purposes at thebeginning of their engagement with Ballet West. Whenrehearsal shoes are worn out, EMPLOYER will replacethem with a new pair.ii.Jazz ShoesMale ARTISTs shall be provided with a new pair of jazzshoes to be issued for rehearsal purposes at the beginningof their engagement with Ballet West. At the end of theseason, jazz shoes will be returned to EMPLOYER forrepair or replacement.iii.Dyed ShoesEMPLOYER shall be solely responsible for the dyeing ofshoes. ARTISTs shall receive notification of which shoeswill be needed no less than two (2) weeks prior to theapplicable Dress Rehearsal and/or Performance.EMPLOYER will issue shoes to ARTIST no later thanseven (7) days prior to the Dress Rehearsal or Performance64

for which they will be used. Dyed shoes will always benew and will come out of the ARTIST’s allotment.ARTISTs shall return all dyed shoes to the wardrobesupervisor or shoe manager, as requested, following thefinal performance of the dance piece in which such shoesare used.iv.Condition and Fit of ShoesAll boots and character shoes shall be properly repaired andreasonably fitted before any use, and ARTISTs will beexpected to go to fittings for that purpose. Character shoesand boots shall be available to the ARTISTs no later thanforty-eight (48) hours in advance of the Dress Rehearsal.i. When possible, performance shoe requirements will be posted nolater than two (2) weeks in advance of performance.j. Shoe Request and Distributioni. Shoe request forms will be available outside the shoestorage room at all times and ARTISTs may submit shoerequests at any time. Requests will be processed and shoeswill be distributed on the next distribution day. However,requests made after 6:00 p.m. the Tuesday prior to thescheduled distribution day may not be processed until thenext distribution day.ii.iii.iv.During a contract year, shoes will be distributed on thesecond Wednesday of the month. If the distribution datedoes not fall on the week prior to moving into the theater,or falls on a scheduled layoff week, ARTISTs may requestan additional or alternate distribution day.ARTISTs must collect requested shoes as soon as possiblefollowing class on distribution day.ARTISTs must sign for number and type of shoes received.ARTISTs will be notified at that time of the number of theirshoes available in house and the balance of their allotment.k. Ribbon and ElasticFemale ARTISTs will receive one (1) roll of ribbon and allARTISTs will receive sufficient elastic (of their choice) at the startof the Contract Year.65

l. TouringFor tours of less than two (2) weeks, ARTISTs may request anadditional distribution day in order to take an adequate supply ofshoes. When a tour is longer than two (2) weeks, EMPLOYERwill assist in transportation of shoes.66

SECTION VII. TOUR/TRAVEL PROVISIONSA. GENERAL TRAVEL PROVISIONS1. The EMPLOYER shall submit to AGMA and to the AGMA Delegatesproposed itinerary of any tour, and shall submit in writing to AGMA astatement concerning the proposed method of transportation to be usedduring the tour if not included in the itinerary. Both such reports shall besubmitted at least thirty (30) days before the first (1st) day of any tour.Two (2) copies of the tour itinerary will be made available to eachARTIST not later than two (2) weeks prior to the commencement of thetour. If the tour itinerary is not made available to the ARTISTs at least twoweeks prior to the commencement of the tour, for each day after themandatory notice is due, the EMPLOYER shall pay one hundred($100.00) dollars to the Company ARTISTs’ Resource Fund until theitinerary is provided. Any additions or changes in the itinerary must beannounced to the ARTISTs at least one (1) week in advance of suchchange except when unforeseen circumstances occur. Mail will beforwarded from EMPLOYER’s office to the ARTISTs on tour once everyfourteen (14) days, if requested by ARTIST. The payment provided hereinis the exclusive penalty for late availability of the tour itinerary.2. Whenever any ARTIST shall work for the EMPLOYER outside the Cityof Origination, the EMPLOYER shall provide and pay for thetransportation of such ARTIST from the City of Origination to such pointor points outside and the ARTIST’s return transportation to the City ofOrigination.3. Upon presentation of receipts by the ARTIST, EMPLOYER agrees toreimburse ARTIST for all transportation charges which may be required ofthe ARTIST by the EMPLOYER during the course of a trip, such as taxifares between terminals and other means of transportation.4. Transportation to PhysicianWhile on tour, the EMPLOYER shall provide transportation, or monetarycompensation instead of transportation, for any ARTIST requiring theservices of a doctor. This applies to on-the-job accidents and illness andexcludes pre-existing conditions.5. Personal LuggageThe EMPLOYER shall provide and pay for the transportation of theARTIST’s personal luggage to all destinations and return to the City ofOrigination subject to, as specified by carrier, the maximum limits, andany other restrictions for travel in the United States and/or abroad. Thecarrier(s) or EMPLOYER shall be liable for any loss to the ARTIST onaccount of loss or damage to such luggage (ordinary wear and tearexcepted) while in transit if the ARTIST shall have provided a suitable67

container. The liability for damage or loss shall be the amount set forth bythe governmental agency’s or agencies’ laws, treaties, or conventions withrelevant jurisdiction. While on tour, whether inside or outside the UnitedStates, personal luggage must be available to the ARTIST on a reasonablebasis.6. Theater Casesa. The EMPLOYER agrees that while on tour, the EMPLOYER willbe responsible for all transportation of the ARTISTs’ individualTheater Cases. ARTISTs’ make-up and practice clothes will becarried from point to point in ARTISTs’ Theater Case. Thistransportation is understood to be by truck or by container alongwith the EMPLOYER’s scenery, costumes, properties and othertechnical equipment. However, the ARTIST may choose to takehis/her Theater Case as personal luggage, in which case theEMPLOYER will not, except where restricted by the governmentalagency with the relevant jurisdiction, be responsible fortransporting it to all destinations. If a Theater Case is placed in thecontainer or truck prior to departure from the City of Origination,then EMPLOYER shall be responsible for the transportation ofsaid Theater Case for the duration of the entire tour. If ARTISTchooses to take his/her Theater Case as personal luggage, he/shemust do so for the entire span of the tour.b. Upon arrival at the theater, the EMPLOYER shall make availablethe ARTISTs’ Theater Cases no later than one (1) hour prior toclass or the first ARTIST Activity of the day, whichever comesfirst.c. Upon return from a tour within the United States, Theater Caseswill be available to the ARTISTs no later than seven (7) daysfollowing the return date of the tour and within thirty (30) daysfollowing the return from international tours. The individualARTIST may be required to transport his/her own Theater Case ifhe/she has chosen a flight other than the designated EMPLOYERflight(s).d. Theater Cases shall be the sole property of Employer and may notbe altered or expanded.e. If lost by ARTIST, ARTIST shall be responsible for thereplacement cost of the Theater case.f. ARTISTs may arrange to purchase their own Theater Cases fromthe EMPLOYER.g. No items prohibited by law may be transported with any ARTIST’sTheater Case.68

h. EMPLOYER may request the ARTIST to carry their Theater Casesto the Airport or other point of departure.i. ARTISTs must place Theater Cases in the touring crates no laterthan thirty (30) minutes after final curtain on load-out days.j. ARTISTs must have Theater Cases to EMPLOYER’s warehousefor loading by 10:00 a.m. on truck load days. EMPLOYER shallendeavor to post loading notice two weeks in advance, but in noevent, later than one week in advance.k. ARTIST should plan that Theater Cases will not be available toARTISTs on tour when the trucks are en route or for Companyclass when Company class is not in the theater.l. It is the responsibility of each ARTIST to handle his/her TheaterCase while ARTIST is in the theater.7. Transportation to places of Performance or RehearsalIf an ARTIST is required to rehearse or perform in a location more thanone-half (½) mile from the tour accommodations, then the bus or similartransportation to and from such place will be provided and paid for allARTISTs by the EMPLOYER. For the purpose of calculatingcompensation, travel between the two locations shall be included in workspan. If the ARTIST is scheduled for rehearsal outside the theater ofperformance, the EMPLOYER will grant the ARTIST sufficient time toallow the ARTIST travel time to reach the theater of performance inaddition to the time requirements of Section VI. A. 4. b. iii. of thisAgreement. In the event of inclement weather, or if the route between thehotel and the theater is mutually deemed by the AGMA Delegate and theEMPLOYER to be unsafe, a bus shall be available to ARTISTs one-half(½) hour after curtain time to provide transportation to the hotel.Similarly, if there are no eating accommodations available, theEMPLOYER shall make provision to transport ARTISTs to and from arestaurant or provide service of food.8. Travel on a Free DayWhenever the EMPLOYER requires that the ARTIST travel on a FreeDay, the EMPLOYER shall compensate each ARTIST the Penalty rate fora minimum of three (3) hours.9. Travel between Midnight and 8:00 a.m.a. Whenever transportation is scheduled to commence or to concludebetween the hours of midnight and 8:00 a.m., the EMPLOYERshall compensate each ARTIST the hourly Penalty rate for eachhalf (½) hour or fraction thereof traveled. In addition to any69

overtime incurred while traveling after midnight, there must be aten (10) hour rest period for sleeping, after arrival at destination,prior to any next call. EMPLOYER shall make best efforts in notscheduling transportation between the hours of midnight and9:00 a.m. on the morning following an evening performance.b. AGMA agrees that it shall waive the provisions of this paragraph 9provided that the EMPLOYER submits to AGMA, two (2) weeksprior to any contemplated travel during the hours circumscribed inthe above paragraph, a schedule of public transportation whichproves that there is no available transport which leaves after8:00 a.m. or arrives before midnight that would fulfill all of thecustomary conditions of travel by the EMPLOYER.10. The EMPLOYER shall not infringe upon the allotted free time after atravel call. Prior to the first scheduled rehearsal, ARTIST’s use of freetime for class or personal warm-up may not be infringed upon (i.e. forcostume fittings, notes, etc.).11. A travel call may take place not earlier than 8:00 a.m. following any FreeDay except as provided for in Section VII. A. 9. b.12. Travel, Rehearsal and Performance Provisions on TourWhen any ARTIST is required to travel more than:a. Eight (8) hours on a non-performance day;b. Four (4) hours on a one (1) performance day;c. Two (2) hours on a two (2) performance day; or ifd. A combination of travel and rehearsal/performance hours exceedsseven (7) total hours;the EMPLOYER agrees to compensate each ARTIST at the overtime ratein one-half ( ½ ) hour increments for each violation.13. EMPLOYER shall compensate each ARTIST who is required to travelmore than eight (8) hours as follows:8-10 hours; an additional hour of pay at the ARTIST’s weeklycompensation rate, as set forth in his/her Individual Artist Contractdivided by thirty (30) to be paid in hourly increments.10+; the Overtime Rate as set forth in Section V. B. 2. of the Agreementto be paid in half (1/2) hour increments.70

14. Per Diema. Run Outsi. Per diem rates shall be as follows:Breakfast $11.25Lunch $13.75Dinner $20.00A full day $45.00ii.Run-Out Per Diem. On any run-out, the per diem will bepaid to Artists as follows:• Where departure call is before 9:00 a.m., Breakfast• If outside the City of Origination between 11:30a.m. and 1:00 p.m., Lunch• If outside the City of Origination after 6:00 p.m.,Dinner.b. Touringi. Domestic Per Diem. On any day in which the ARTIST isrequired to be outside of Utah that requires an overnightstay, ARTIST shall receive a per diem of Fifty Dollars($50.00) per day, except when traveling to New York, SanFrancisco, Aspen or Washington, D.C., at which time theper diem shall be Sixty Dollars ($60.00) per day. On perdiems for overnight stays within Utah, the per diem shall beForty-Five Dollars ($45.00) per day.ii.International Per Diem - shall be calculated in accordancewith the State Department rates in effect on the date onwhich the tour is contracted for the destination city/cities orFifty Dollars ($50.00), whichever is higher.c. All ARTISTs shall receive per diem and/or meal money at leasttwo (2) working days prior to departure. The EMPLOYER shallbe required to pay meal money/per diem as aforementionedregardless of whether the airline provides complete meal services.15. Use of Own VehicleARTIST reserves the right to utilize alternative transportation at his/herown expense, provided that notification is given to the EMPLOYER priorto travel call.71

16. HotelsIn the event that an ARTIST is required to spend overnight away from theCity of Origination, the EMPLOYER agrees to provide and pay for hotelrooms, including taxes, for all ARTISTs on a double occupancy basis. AnARTIST shall not be required to room with a person of the other gender.Any single occupancy room shall be offered by Seniority. EMPLOYERwill provide ARTISTs with hotel information four (4) weeks prior to tour.Any ARTIST who notifies the EMPLOYER that he or she does not wishto stay in the designated hotel or hotels, within seventy-two (72) hoursafter the EMPLOYER announces the schedule including hotelinformation, shall receive the cash equivalency in an equal amount to onehalf(½) the double-room rate plus applicable taxes in the designated hotel,in addition to the meal allowance outline above. Incidental charges on theARTIST’s hotel bill must be paid by the ARTIST, in time to avoiddelaying departure.B. METHODS OF TRANSPORTATION1. Conditions of TravelTravel will be counted from scheduled travel call to arrival location, suchtime to include lunch stops and rest stops. EMPLOYER shall not beresponsible for any overtime or penalty if: the excess travel time was dueto an overseas trip, inclement weather, mechanical failure, delay indeparture or arrival of the airplane, bus, other vehicle, or traffic accidents,or failure of ARTIST to be on time over which the EMPLOYER has nocontrol. A domestic or international travel overtime waiver will not beunreasonably denied.Between arrival and the next scheduled rehearsal there shall be a full three(3) hour rest period, however, in the last ninety (90) minutes class maytake place. If the EMPLOYER shall violate the provisions in thisparagraph, the EMPLOYER agrees to compensate each ARTIST at thehourly penalty rate for each one-half (½) hour increment of such violation.When traveling from the City of Origination and the distance traveled isseventy-five (75) miles or less, or if the time traveled is one and one-half(1 ½ ) hours or less, the three (3) hour rest period may be reduced to a two(2) hour rest period during which the last ninety (90) minutes class maytake place.In the event the EMPLOYER is not able to provide Company Class at thevenue of a Run-Out, EMPLOYER shall bring the issue to Joint Committeeon a case by case basis to discuss the possibility of an alternative schedule.The decision to approve such a change shall be the discretion of the JointCommittee ARTIST Representatives.72

2. Bus Travela. Proof of Insurance - The EMPLOYER agrees to submit proof toAGMA, in writing, that the carrier company carries liabilityinsurance of a minimum of one hundred thousand dollars($100,000.00) for each ARTIST engaging in travel. Proof of suchinsurance will be posted on the EMPLOYER bulletin board two(2) weeks prior to the commencement of any travel by bus.b. Bus Standard - The EMPLOYER agrees that transportation by busshall be by first-class non-smoking bus, with heating, airconditioning, and ventilating facilities systems in working orderand with toilet facility. In the event that the bus used to commencea tour or used within a tour requires replacement because of anemergency, such replacement bus shall meet the same standards. Ifa substantially similar replacement bus is not available or theoriginal bus cannot be repaired within three (3) hours, theEMPLOYER shall provide and pay for local hotelaccommodations, transportation to the hotel accommodations, and,if necessary, food for the ARTISTs.c. Lunch Stop and Rest Stops - The EMPLOYER agrees that wherean ARTIST is required to travel by means of bus, the ARTIST willhave a lunch stop of one (1) hour after approximately four (4)hours of travel and a rest stop of fifteen (15) minutes after eachperiod of approximately two (2) hours of travel. If afterapproximately four (4) hours of combined air and bus travel time,ARTISTs are traveling by bus, a lunch stop of one (1) hour will beprovided if the bus portion is to be longer than sixty (60) minutes.Should the ARTISTs not receive a full hour lunch stop, ARTISTsshall be compensated at the overtime rate in one-half (½) hourincrements until the full lunch hour is satisfied.3. Airplane Travel, Conditions ofa. In the event the EMPLOYER chooses to transport the ARTISTs byairplane, AGMA will approve flights upon regularly scheduledairlines which are FAA and IATA approved.b. The EMPLOYER agrees to purchase insurance on the life of eachARTIST during said airplane travel, having a value of no less thanfifty thousand dollars ($50,000.00). When the EMPLOYERpurchases the life insurance, it will provide beneficiary cards to theARTISTs.c. Air travel shall be timed from the time of the scheduled travel calluntil arrival at destination hotel and is to include all waiting time atterminals as well as shuttle transit time at both ends of the flight73

and the same applies returning to City of Origination and includingall delays, under control of EMPLOYER, at terminals, shuttletransport, etc.d. The EMPLOYER agrees that in all cases where it is necessary forARTISTs to travel between airport terminals and airports, theEMPLOYER will arrange for and pay for the transportation of theARTIST between city, airport terminals and airports.e. Should departure by airplane be delayed due to any conditions,adequate accommodations shall be provided for all ARTISTs,including hotel rooms, between 12:01 a.m. and 8:00 a.m. inconvenient nearby hotel(s) where the entire company can beassembled for the flight simultaneously.f. When a flight is chartered by the EMPLOYER, the Theater Caseswill, whenever possible, be carried on the same plane as theARTISTs. Scenery and other equipment will not be carried in thepassenger section of the plane if it is of a nature and size that willcause discomfort to or endanger the ARTISTs.g. Transportation to Salt Lake City International AirportEach ARTIST will be responsible for their transportation to andfrom the Salt Lake City International Airport, and the EMPLOYERshall compensate each ARTIST traveling on tour six dollars($6.00) per round trip.4. Railroad Travel, Conditions ofa. A Sleeping Berth is to be provided - In the event that such railroadtransportation or any part thereof shall take place between thehours of midnight and 8:00 a.m., the EMPLOYER shall provide anindividual sleeping berth for the ARTISTs. Where thecircumstances set forth in the preceding sentence do not occur,then the ARTIST shall receive the difference in money between thefare actually paid by the EMPLOYER for the ARTIST and the costof such individual sleeping berth.b. Coach Seats - The EMPLOYER shall make every effort to assureeach ARTIST regular seating facilities in any train where suchtransportation is by coach service.5. Boat Travel, Conditions ofWhere transportation can only be provided for by boat, theaccommodations for the ARTIST shall be what are commonly termed“Tourist” passage or better. In the event that any boat does not have74

“Tourist” passage, the accommodations shall be such passage as iscomparable to “Tourist” passage or better.75

SECTION VIII. MEDIA/PUBLICITY/PROMOTIONAL MATERIALA. PROGRAM LISTING/PUBLICITY MATERIAL1. While ARTISTS are under contract, all publicity is controlled by theEMPLOYER. ARTISTs shall cooperate by providing publicityinformation to the EMPLOYER. ARTISTs shall not communicate withthe Media about work-related subject matter without coordinating with theEMPLOYER. ARTISTs will cooperate with all reasonable requests forpublicity/promotional activities2. The EMPLOYER shall have listed in the program distributed to theaudience, or on a reader board in the main lobby, or have announced to theaudience, the names of all ARTISTs who perform PRINCIPAL andSOLOIST roles, as designated by the Artistic Director.3. The EMPLOYER shall place the following phrase into each and everyprogram “Ballet West is an American Guild of Musical Artists company.”4. In the event changes occur in the casting listed on the Reader Board in thelobby, EMPLOYER shall announce to the audience, prior to theperformance from the stage or stage manager’s microphone, all changesfor PRINCIPAL and SOLOIST roles.5. EMPLOYER shall not market, publicize or announce any informationregarding program or repertoire for a given contract year without firstgiving such information to ARTISTs.B. FILMING, BROADCASTING, TELEVISION, ETC.Except as provided below, the EMPLOYER shall not videotape, film, broadcast,record or digitize, and/or televise, with the exception of in-theater closed circuittelevision, any performances, rehearsals, concerts or engagements in which theARTIST appears by wire, wireless, radio, telephone wireless process or anymotion picture, recording, mechanical, electrical, or digital, or telephone devicenow in use or hereafter developed or any combination of such devices; AGMAhowever, shall consider the request of the EMPLOYER for a waiver of theforegoing provision and the granting of such waiver shall not be unreasonablywithheld.Any and all films/videotapes made under this paragraph may not be distributed,publicly performed, or used for commercial purposes, theatrical exhibition or anyother purpose other than specifically provided herein. In the event theEMPLOYER violates any of the provisions contained herein or such videotapesor films are used by any person or corporation or organization other than theEMPLOYER for any purpose whatsoever, the EMPLOYER agrees that it willcompensate all ARTISTs appearing in such film at the appropriate rate ofcompensation and conditions of the union having jurisdiction over such use.Nothing herein shall operate to relieve the EMPLOYER of ultimate responsibility76

for the safe keeping of the tapes or films and for the proper use thereof asprovided in this Agreement except as provided for below.1. Archival/Study Tapesa. TapingAll time spent in such recording shall be considered as rehearsal orperformance time and paid for at the appropriate rate contained inthis Agreement.b. When recording is done during a rehearsal or performance, noadditional compensation will be paid to the ARTISTs except whenovertime or other penalties are payable under provisions of theAgreement.c. Study films may be used exclusively for the purpose of recreating,restaging, restudying and recording choreography, and are to beused strictly as a record by the EMPLOYER and the choreographeror his/her authorized stager only. ARTISTs’ requests to reviewarchival tapes shall not be unreasonably denied.d. EMPLOYER shall make available to ARTIST through a checkin/outlibrary system, the copies of performance and rehearsalvideotapes. ARTISTs shall use these videotapes for private studyand rehearsal purposes only. ARTISTs shall indemnify and holdEMPLOYER harmless for all damages caused by ARTIST whichEMPLOYER may incur from any unauthorized use by the ARTISTof said videotape while said tape is or has been in the possession ofARTIST. ARTISTs shall not make any copies of said tapes norcause nor allow copies of said tapes to be made.e. ARTISTs may not check out any videos to view outside the CapitolTheatre. If an ARTIST wishes to study a video, he/she must booktime with the Stage Manager to view the video on site. Everyeffort will be made to allow ARTIST to view the video in a timelymanner.f. Distribution to ARTISTsi. ARTISTs may acquire copies of archival/study videotapesof dance pieces for which the EMPLOYER is able to obtainfull and complete permissions from other parties whosework is presented on such videotapes (choreographers,musicians, et al). It is further agreed that such copies arefor the personal documentation of ARTIST’s work only andthat such copies will not be used by ARTISTs or anyoneelse for restaging or for sale. ARTISTs shall not make anycopies of said tapes, nor cause or allow any copies of said77

tapes to be made. ARTIST shall furnish the EMPLOYERwith blank cassette(s) for copies. EMPLOYER shallsupply such tapes within a reasonable time period afterARTIST’s request.ii.Wherever possible, ARTISTs exiting employment withBallet West, upon request, shall be given videodocumentation of their career compiled from ballet videosfor which the EMPLOYER is able to obtainchoreographer’s consent for such purpose of up to thirty(30) minutes in total length. Such videotapes shall includeno more than three (3) minutes of each ballet selected bythe dancer and the dancer shall cue up the appropriate tapesso that the production department can make the copy.2. Filming of Performance or Rehearsal for Television News ReleaseThe EMPLOYER may cause or allow a television crew to film or tape aportion of a rehearsal or performance or make a film or tape available forrelease on a domestic local newscast or a “magazine format,” “hard” or“soft” news program without additional payment to ARTISTs, under thefollowing conditions:a. On a case-by-case basis, the ARTIST may request to withdrawfrom any such filming or taping. Such request shall not beunreasonably denied.b. At least twenty four (24) hours’ advance written notice must begiven to the ARTISTs prior to the actual filming/taping. Suchnotice shall include the producer/broadcaster, the nature of theforeseen use of any footage and exact time and place of the taping.c. No ballet may be shown in its entirety.d. No more than a total of three (3) minutes of the tape/film of theARTISTs, person, images and/or voices shall be used on a LocalNewscast.e. In addition to news coverage of segments up to three (3) minutes inlength, up to fifteen (15) minutes of the taped/filmed segmentsmay be used on “magazine-format” programs, entertainmentprograms, news documentaries and the like. However, no balletmay be shown in its entirety. EMPLOYER may use copies of suchvideotapes for promotional purposes. The same protectionsagainst misuse apply as in “archival/study” filming/videotaping.f. No additional payment for ARTISTs shall be required, providedthat no additional payments are made to any other personnel,instrumentalists or performers, with the exception of the film crew.78

g. In the event that EMPLOYER has a contract with an entity filmingthe ARTISTs, EMPLOYER shall insure that such contract containsa provision requiring the entity to comply with the provisions ofthis Agreement. If the news clip is used or taken in any mannerother than hereto expressly authorized, the appropriate rates andconditions of SAG or AFTRA, whichever medium is used, shallprevail.h. Videotaping for promotional tapes may take place during a regularrehearsal, performance or a call specifically for the purposes ofsuch taping. All time involved in such taping shall be considered“called time” and the provisions of this Agreement relative torehearsals/performance conditions, hours available and rest breaksshall apply.i. Promotional videotapes may be distributed, played and broadcastwithout restriction providing the total airtime for any one ARTISTdoes not exceed ninety (90) seconds and no ballet is shown in itsentirety.j. Except for Education and Training purposes, the EMPLOYERshall not transmit or allow to be transmitted, the performance ofany ARTIST in real time via closed circuit television except tovarious locations in the theater where the performance is occurringfor purposes such as allowing “latecomers” to view theperformance until they can be seated and for cueing.3. Commercial Recording/Side letterThe EMPLOYER and AGMA agree to negotiate a Media Agreement tocover the release of ARTISTs’ work product in all media, including but notlimited to release on radio, television, DVD, sound recordings, over theInternet or otherwise. Should the EMPLOYER intend to make anaudio/visual record, on tape, film, in a digital medium or any othermedium for commercial use (e.g. PBS Broadcast, Videotape, DVD,Internet Streaming, or any medium whatsoever now in existence or in thefuture to be developed) prior to the completion of such an Agreement, theEMPLOYER shall notify the AGMA Delegate(s) and Area Representativein writing, at least sixty (60) days prior and shall negotiate in good faithfor a separate specific agreement regarding such recording. TheEMPLOYER recognizes AGMA as the Exclusive Bargaining Agent for allARTISTs for the purpose of negotiating any such side letter agreement.No commercial release of ARTIST work product may be made without theexpress agreement of AGMA.79

C. PHOTOGRAPHY1. No photo calls shall be permitted on a two (2) Performance day.2. EMPLOYER agrees that if it shall require any ARTIST to pose for orparticipate in any photographs for any purpose of the EMPLOYER notcovered by Section VIII.B.2 of this Agreement, ARTIST shall receive atleast forty-eight (48) hours notice of said photographing, and suchphotography time including waiting time shall be compensated at theappropriate rehearsal rate.3. If the ARTIST is required to pose for photographs on the ARTIST FreeDay, such call will be not for less than three (3) hours for which theARTIST shall be compensated at the applicable penalty rate.4. Individual pictures used in souvenir booklets shall be mutually acceptableto the ARTIST and the EMPLOYER. ARTISTs’ names shall appear alongwith all solo and duo photos on EMPLOYER brochures and publicitymaterials.5. All photos which are used for publicity purposes in any document which issolely under the EMPLOYER’s control which have two (2) ARTISTs orless, must be approved by the ARTIST involved and shall credit theARTIST. For all ARTISTs who were engaged by EMPLOYER for theperiod beginning five (5) years before the date of the selection of suchARTIST’s photograph, including current ARTISTs, the ARTIST shall beentitled to approve all individual photographs and any biographicalsketches. If a currently engaged ARTIST fails to respond toEMPLOYER’s request to approve photographs within five (5) businessdays of making such request, or if a former ARTIST fails to respondwithin twenty-one (21) business days of such request, EMPLOYER mayconsider said photographs approved without the consent of the ARTIST.EMPLOYER need not get additional approval if such approval haspreviously been obtained by the ARTIST depicted in the photograph.EMPLOYER shall use its best efforts to locate such ARTIST.6. Photographs of the ARTIST used in any place, such as websites, theinternet, or for any commercial purpose, theatrical exhibition, or any otherpurpose will not be altered by the EMPLOYER in any manner withoutapproval of the ARTIST.7. Photographs or other reproducible likenesses of ARTIST paid for by theEMPLOYER may be used on promotional items offered for sale to thePublic which promote the name of the EMPLOYER, the name of theARTIST, or the Art form of Dance. Such items or likenesses may not belicensed to third parties without written consent of ARTIST.80

8. It is agreed that photographing, including waiting time, makeup time andtravel incidental thereto, will be counted as rehearsal time and, ifapplicable, the appropriate overtime rate shall be paid to the ARTISTs.9. Unless ARTISTs are notified on “official” Company Call Board pertainingto “official photographers” under no circumstances will photographers bepermitted onstage, in the wings, or in any corridors leading the Stage. NoARTISTs and no photographer shall stand in front of lighting booms. Thisprohibition shall apply in all theaters where the ARTISTs are required toperform.10. EMPLOYER agrees to enter into an Agreement with Photographersregarding the taking of photographs of ARTISTs with the intent ofprotecting the Rights of the EMPLOYER and the ARTISTs.IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the datefirst above set forth.AMERICAN GUILD OFMUSICAL ARTISTSBALLET WESTBy:Nora HeiberNational Dance ExecutiveBy:Johann JacobsExecutive DirectorDate:IN THE PRESENCE OF:Date:IN THE PRESENCE OF:Date:Date:81

EXHIBIT “B”HEALTH AND SAFETYAGMA and the EMPLOYER share a common interest in the health and safety of theARTISTs. It is the EMPLOYER’s responsibility to provide a safe and healthy workplaceand it is the ARTIST’s responsibility to work in a safe manner. Any Employee of BalletWest or AGMA on the scene has both the right and the obligation to bring any potentialhazards to the attention of the EMPLOYER.The following list is presented for the purpose of informing the ARTISTs of thestandards, which they may expect, and to provide guidelines for the prevention ofharmful situations. The ARTISTs shall notify the EMPLOYER of any potentiallydangerous situations by contacting the designated AGMA Health & SafetyRepresentatives or Area Representative or the Production Manager or Company Manageras soon as possible. The EMPLOYER shall immediately address any situation that posesimminent danger and shall, if necessary consult the Joint Committee in order to developlong term solutions to hazardous situations.A. General1. A Stage Manager or EMPLOYER representative will be present at alltimes when the company is rehearsing in the theater and at all SchoolPerformances. This representative will be responsible for the floorcondition, heating, adequate lighting and for calling breaks and keepingexact time records with regard to commencement and dismissal ofrehearsals. The EMPLOYER agrees that an official managementrepresentative with authority and decision making power will accompanythe ARTISTs on all tours.2. Smoking, eating and drinking beverages other than water by ARTISTsshall be prohibited in any space where a class, rehearsal and/orperformance are being held. With the exception of smoking, this provisionis not intended to prohibit these activities from taking place in the loadingdock area.3. The EMPLOYER shall prepare an evacuation plan, which shall be postedin appropriate places. All ARTISTs shall be assigned a “meeting place” towhich they should go in the case of an evacuation of the building. AllARTISTs will be informed of all emergency exit routes from the stage, orany out of house rehearsal/performance facility, at that ARTIST’s firstrehearsal in that location.4. Emergency Ice and first aid kits stocked with adequate supplies shall beavailable and easily accessible at all times to ARTISTs.5. Adverse Travel Conditions and Work Day

B. FacilityIf City, County, State, or Federal government employees are officially toldto stay home from work due to adverse weather conditions, then allARTISTs shall be given a Free Day. Such Free Day shall not replace anyother required Free Day described in this Agreement.1. All rehearsal, performance, and dressing room areas, lavatory and toiletfacilities shall be maintained in a clean and sanitary condition and wetmopped and vacuumed regularly when in use by ARTIST, with toilet,lavatories and showers sanitized regularly.2. When ARTISTs are required to execute movements which involvekneeling on the floor in any rehearsal room or on stage, the floor of suchroom or stage shall be maintained in proper condition and cleaned themorning of or the night before such rehearsal or Performance occurs.3. EMPLOYER will make best efforts to maintain the temperature atseventy-two degrees (72°) Fahrenheit. When performing indoors, noARTIST shall be required to rehearse or perform when the temperaturedrops below sixty-eight degrees (68º) Fahrenheit or exceeds eighty-fivedegrees (85º) degrees Fahrenheit in the place of rehearsal or performance.When performing outdoors no ARTIST shall be required to rehearse orperform when the temperature drops below sixty-five degrees (65º)degrees Fahrenheit or exceeds ninety degrees (90º) Fahrenheit in the placeof rehearsal or performance.. This guideline shall apply to changing room,fitting rooms, photographer studios and other locations in which theARTIST must work.4. Prior to the commencement of rehearsals and performances, all stage andrehearsal spaces must be inspected by the Stage Manager/EMPLOYERrepresentative. These spaces must be approved and deemed not dangerousby the Stage Manager and the AGMA Health & Safety Representatives.5. When in the Home Facility, the EMPLOYER shall be responsible for theupkeep and maintenance of rehearsal facilities, including lounge andbathroom facilities. In addition, EMPLOYER shall provide for theextermination of rodents and insects when their presence is evident.EMPLOYER shall use its best efforts to assure that all other facilities arefree of vermin.6. The EMPLOYER agrees to compile a listing of doctors (suitable fortreating the types of strain-injury usually sustained by dancers) in eachcity and town in which the company is scheduled to perform. The list ofthe doctors’ names shall be listed on the tour schedule plus all othernecessary information (i.e. banks). The EMPLOYER and AGMA assumeno responsibility for the information provided to the ARTISTs.

7. When the rehearsal space is without plumbing due to service of suchplumbing, for an unreasonable amount of time, the ARTISTs will not berequired to work until such plumbing is restored.8. Sufficient lighting shall be provided wherever an ARTIST is required toperform an ARTIST Activity.C. Theater Conditions1. Rehearsal, dressing room and performance facilities:In each theater where the ARTISTs shall perform, EMPLOYER shallarrange for adequate dressing rooms, which shall include a sufficientnumber of chairs and mirrors in each dressing room, as well as reasonablyaccessible toilet and washing facilities backstage for both men andwomen. All rehearsal and dressing rooms shall be thoroughly cleaned.2. If AGMA receives complaints that the home theaters have not met thehealth and safety standards set forth herein, the EMPLOYER will giveevidence to AGMA in writing that steps have been taken to eliminate thetheater’s inadequacies.3. EMPLOYER will provide warm-up space including proper floor andbarres during all performances. During half (½) hour prior to curtaingoing up, the stage or adjacent space will be free for use by the ARTISTs.D. Stage Conditions1. AGMA Health & Safety Representatives to may inspect the stage prior tothe first Dress Rehearsal for each program at the Capitol Theater and ateach venue on tour that Ballet West performs. The EMPLOYER willaddress any health threats that may be uncovered during these inspectionsin a means that is satisfactory to the Health and Safety Representativesbefore the Dress Rehearsal.2. No apparatus will be utilized in the studio or on stage unless safe andthoroughly pre-tested in a manner which accurately simulates full weightload and distribution of the ARTISTs on or use by the ARTISTs of theapparatus.3. All scenery shall be designed or modified, where necessary, to includesuch safety measures as handrails, luminous paint, etc. and such safetymeasures shall be present whenever such scenery is used by ARTIST.Where not possible, AGMA shall be notified prior to the first rehearsal orperformance where such safety measure(s) are not present.4. All steps, ramps and platform edges and passageways, as well as on anywires or cords crossing those passageways, shall be visibly marked.

5. The EMPLOYER agrees to make every effort to insure that all exits andpassageways from the performance area of the stage shall be free ofscenery or any other obstruction at all times.6. Crossovers must be sufficiently lighted and uncluttered so as to preventaccidents and facilitate quick crossovers. ARTIST Health & SafetyRepresentatives shall be given the opportunity to review and approve theseconditions prior to the first Dress Rehearsal of each Performance Series.7. ARTISTs shall be given an opportunity to rehearse on the actual set withall obstructions as early as possible, and at least once before any givenPerformance.8. All ARTISTs necessary to the performance of the foregoing ExtraordinaryRisk feats shall have adequate on-stage rehearsals of such feats.9. All theaters, which are used by the EMPLOYER must have an adequatewarm-up space not including the stage itself in which the ARTISTs mayprepare for rehearsals and performances. Adequate space shall be definedas a large enough space to accommodate barre movement that is equippedwith barres, a clean and appropriate dance floor and a room temperature ofas outlined above. The EMPLOYER shall transport or provide enoughballet barres in any rehearsal or performance space so that the entirecompany has space to Warm Up or to take Company Class. AGMAacknowledges that the way in which the EMPLOYER has provided WarmUp and rehearsal space in the last five (5) years during tours and Run-Outshas met the standards of this paragraph. EMPLOYER shall use its bestefforts to comply with this provision as new venues are used byEMPLOYER or existing venues change for its performances. TheEMPLOYER will meet with Joint Committee where there is any doubtregarding EMPLOYER’s ability to comply with this provision, wherethere is a change to a previously used venue, or where there is an additionof a new venue.10. Adequate water must be supplied for all rehearsals and performances.11. The choreography of the dance pieces to be performed shall be modifiedto adapt to the existing physical limitations for all lecture/demonstrations,fund raising or similar events, which could endanger the ARTIST. TheEMPLOYER must provide a resilient linoleum dance surface for allaforementioned eventsE. Floor Conditions1. No ARTIST shall be required to dance on a floor of concrete, marble orany similar material or on any surface laid directly over such floor, whichdoes not provide the appropriate airspace between such floor and thedance surfaces to provide for adequate spring. Adequate spring shall bedefined as visible flex throughout the surface when pressure from jumping

is applied. In no event shall a floor be acceptable if the level of spring isnot equal or comparable to that of our Ballet West custom sprung floor atthe Capitol Theater.2. No ARTIST shall be required to dance on a floor with an irregular oruneven surface.3. Pointe-work shall only be required on a non-slick, smooth surface, whichdoes not contain warps or bumps. Should the floor contain any flawsdeemed hazardous by AGMA, the EMPLOYER shall designatemaintenance work to be done within one week of the report. If timelyrepair is not possible for any reason, EMPLOYER will meet with AGMAand/or Joint Committee to agree upon a procedure to insure ARTISTs’safety.4. ARTISTs shall not be penalized for refusal to rehearse on a floor that doesnot meet the specifications outlined herein.5. Mats shall be provided at ARTIST’s request during any rehearsal in whichgymnastic moves are executed.F. Hazardous SubstancesDuring the one (1) year period after execution of this Agreement, EMPLOYERmay establish a task force comprised of members of administration, ARTISTs andAGMA representation, for the purposes of addressing the special effectspreviously attained by use of smoke or fog devices that will be discontinued andmaintaining maximum artistic flexibility and integrity.1. Beginning one (1) year from the date of execution of this Agreement, theEMPLOYER shall adopt and comply, with the following national policyof the American Guild of Musical Artists with regard to the use of smokeand fog effects at any facility utilized by the EMPLOYER:a. No smoke or fog effects may be used in any production except forthose generated by water vapor or dry ice.b. No smoke and fog devices or effects shall be permitted to be usedin any production unless each AGMA member scheduled toperform in that production shall be given a one (1) week advancenotification of the company’s intention to use same.2. The EMPLOYER shall use its best efforts to insure that all performanceand rehearsal spaces are free from known toxic or hazardous residue orcontaminants that are recognized as health or safety hazards, including tothe extent practical mold and dust. The EMPLOYER shall not introduceor permit the introduction of any substance or a higher concentration ofany substance than permitted by applicable state and federal statutes and

egulations and should comply with all applicable mandated procedureswith respect to toxic and hazardous substances.3. No ARTIST shall be required to rehearse or perform in any situation inwhich any substance, fabric, or other material, when worn, used be theARTIST directly, or disseminated into the air, is deemed to be toxic orallergenic by the manufacturer or any government agency, or to which anARTIST has an allergic reaction.G. Supervision of ChildrenNo children shall be unsupervised at any time or permitted in production areas,hallways or corridors, except as necessary to fulfill their performance obligations.H. Backstage Visitors PolicyThere shall be no more than six (6) guests allowed in the backstage area duringany given Performance or Dress Rehearsal at any time. Guests shall include, butnot be limited to, donors, photographers, journalists, spouses, children, andfriends. Guests shall be approved by the Stage Manager. When requests havebeen made for more than six (6) guests for any one time, best efforts will be madeto give the ARTISTs’ request priority. Approved guests will be presented withbackstage passes by the Stage Manager upon arrival and will be expected to wearissued passes while backstage. No one will be allowed backstage withoutapproval except donors. Donors will be allowed to tour the backstage area duringthe intermission provided that they are accompanied by an appropriate member ofthe staff. Furthermore, while backstage the guests will observe the followingrules.1. Guests must stay in areas designated by the Stage Manager.2. No guest will be allowed to go into any dressing room area, dressingroom, hallway or production area. This includes the basement dressingand wardrobe areas (i.e.; Studio 1) while in the Capitol Theater.The following exception will be made:1. Flower presenters will be allowed backstage prior to flower presentation.2. Donors will be allowed to tour the backstage area during the intermissionprovided that they are accompanied by an appropriate member of the staff.3. During Nutcracker the volunteers presenting the Sugar Plum party shall beallowed to occupy the hallway outside of Studio I, but will make bestefforts to be aware of dancers moving through the hallway.

I. MakeupAll makeup and makeup adjuncts shall comply with all regulations of the FederalDrug Administration.1. The EMPLOYER will instruct all makeup artists employed to take allnecessary steps to avoid contamination between ARTISTs, includingpossible contamination from utilizing the same water and/or applicatorwhen applying makeup on more than one ARTIST.2. Body makeup shall mean any makeup applied to the full torso and/or fullleg(s), except to cover suntan, or sunburn or tattoos. Any ARTISTrequired to wear body makeup shall be compensated one-half (½) hourovertime. ARTISTs will be provided with additional supplies in order toassist them in removing body makeup if so requested. An ARTIST shallnot be required to use body makeup unless suitable bathing facilities andhot water are available for removal of the makeup. If hot water andshower facilities are not available, body make-up will not be required.3. For makeup above the neck there shall be suitable bathing facilities andhot water available. The EMPLOYER must provide an alternative methodof makeup removal (e.g. “Wet wipe” disposable pre-moistened cloths)when these conditions are not met.J. Costumes, Shoes, and WigsAll costumes, costume accessories, shoes and wigs will be issued by theEMPLOYER.1. The EMPLOYER will supply kneepads for any ARTIST who is requiredto kneel in rehearsal and, when possible, for performance.K. AGMA Regulations For Safety With Swords or Knives (or other props used asweapons)The EMPLOYER agrees that whenever a production requires the coordinatedmovement of swords, knives or props used as weapons, the following regulationsshall apply, and further, these regulations shall be issued to and shall be read byall ARTISTs who are assigned and who accept stage business requiring the use ofswords.1. The EMPLOYER shall engage an Expert who shall be thoroughly familiarwith the proper use and maintenance of the weapons required in theproduction, and who, in turn, shall designate a Fight Captain to superviserehearsals and pre-performance warm-ups in the Expert’s absence. TheExpert will instruct all ARTISTs, covers and Stage Directors in the properand safe use of the weapons. This shall be a prerequisite prior to theissuance of any weapons to any ARTIST for any rehearsal or performance.No one may overrule the Expert’s judgment in this regard.

2. No ARTIST shall be required or permitted to handle any weapons in eitherrehearsal or performance until such ARTIST feels confident that he/shehas received adequate instructions.3. All weapons shall be in the possession of the Stage Manager/PropertyMaster when not actually in use during rehearsal or performance.4. It is agreed that at the commencement of the first rehearsal involvingcoordinated movement of weapons or like instruments, performancetempos shall be modified to facilitate a proper warm-up and orientationprior to rehearsing at a performance-level tempo.5. All weapons or like instruments will be thoroughly inspected, cleaned andinventoried at the end of each rehearsal and performance.6. At the conclusion of the scene, all weapons shall be returned toEMPLOYER’s representative and stored for safe-keeping.7. During a performance in which a coordinated movement of weaponsoccurs, there shall be a fight review of any such scenes prior to theperformance of said scenes during the ballet. This fight review shall bescheduled and supervised by the Expert or Fight Captain at fifteen (15)minutes to curtain.8. The regulations listed herein above pertaining to weapon safety shall applyto anyone who appears on the stage with a sword or knife which is to beused in a coordinated movement, whether or not that person is under anAGMA agreement.L. Firearm SafetyThe EMPLOYER agrees that whenever a production requires the use of firearms,the following rules shall apply:1. The EMPLOYER shall designate an Armorer who shall be thoroughlyfamiliar with the proper use and maintenance of the firearms required inthe production. The Armorer will instruct all ARTISTs in the proper andsafe use of the firearms. This shall be a prerequisite prior to the issuanceof any firearm to any ARTIST for any rehearsal or performance. No onemay overrule the Armorer’s judgment in this regard.2. No ARTIST shall be required or permitted to handle any firearms in eitherrehearsal or performance until such ARTIST has received adequateinstructions.3. All firearms shall be in the possession of the Armorer when not actually inuse during rehearsal or performance. At no time shall the Armorer or theARTIST leave the firearm unattended.

4. At the conclusion of the scene, all firearms shall be returned to andunloaded by the Armorer.5. Maintenance and loading of firearms shall be done only by the Armorer.6. The regulations listed herein above pertaining to firearm safety shall applyto anyone who appears on the stage with a firearm, whether or not thatperson is under the AGMA agreement.M. Fire SafetyThe EMPLOYER agrees that whenever a production involves the use of actualfire, the following regulations apply.1. Whenever a live flame is on stage, or backstage, fire extinguishers shall bein hand or at convenient locations, where the handlers of the extinguishershave a full view of the area in which the flames are located. Fireextinguishers shall be located on both sides of the stage.2. Except in the case of lighting flames as part of the scene, all torches andcandles shall be lit by the Electrics or Property Department. This lightingshall occur as late as possible to allow all torches and candles to be lit intime.3. All torches and candles shall be returned to the Property Department uponcompletion of their use.4. No ARTIST who feels unsafe carrying a live flame shall be required to doso. This right shall not be invoked unreasonably.5. No ARTIST will be required to carry a prop with a live flame if said propis too heavy for said ARTIST to carry safely.6. The regulations listed herein above pertaining to fire safety shall apply toanyone who appears on the stage with a live fire, whether or not theperson is under AGMA agreement.

EXHIBIT “C”PHOTOGRAPHY AGREEMENTAGREEMENT between the ______________________________________located at______________________________________, hereinafter called the EMPLOYER and_________________________, hereinafter called the Photographer, dated this___________ day of __________, 20__.Whereby it is mutually agreed that the EMPLOYER will admit the Photographer to thepremises of the ________________Theater under the following conditions:The Photographer agrees that any photographs taken in the _______________Theaterwill be used only for purposes of the EMPLOYER’s publicity, in newspaper, souvenirbooks, house programs or other publicity uses designated by the EMPLOYER.The EMPLOYER agrees to compensate the Photographer for any photographs ordered orused by the EMPLOYER at a rate to be mutually agreed upon.The Photographer agrees to submit all photographs of PRINCIPAL ARTISTs andSOLOIST ARTISTs to both the dancer involved and the EMPLOYER, and obtainwritten approval.This agreement relates only to the EMPLOYER’s publicity uses and no rights for anycommercial use of any photograph taken in the ______________Theater are grantedherein to the Photographer. For the purposes of this paragraph, the sale of a photographof said dancer shall not constitute commercial use.In witness whereof the EMPLOYER and the Photographer have affixed their signaturesbelow:_______________________________________________________________