section i. general provisions - American Guild of Musical Artists

eason of an action of AGMA which is in violation of the said Labor Management RelationsAct.3) Nothing contained within this Basic Agreement or the Standard Artist's Contract forEmployment in any way shall abrogate the artistic prerogatives of the management, whichshall be the sole judge and arbiter of any and all artistic matters.H. AGMA REPRESENTATIVE: ADMISSION TO PREMISESAny officer, delegate or duly authorized staff representative of AGMA shall be admitted to thepremises of BSJ, or such other place where the ARTISTs rehearse, perform or provide any otherservice for BSJ, for the purpose of verifying compliance with this Basic Agreement,investigating and adjusting grievances, determining terms and conditions of employment, and toconduct AGMA business. As required by law, BSJ agrees to cooperate with such AGMArepresentative in dealing with all matters pertaining to this Basic Agreement and to any otherofficial business of AGMA as the exclusive bargaining agent of ARTISTs.I. REPRESENTATION1) AGMA shall designate two (2) Company Members (as defined in Section III, J. of this BasicAgreement) as Delegates.2) BSJ will provide at least one (1) hour of company time during the first month of the seasonfor shop meetings, in order that AGMA members can elect Delegate(s) and a JointCommittee and acquaint the members with the provisions of this Basic Agreement. Inaddition, subject to the requirement of rehearsal and performance, BSJ agrees to set aside anadditional hour of company time upon request of AGMA, upon the completion of Nutcrackerand yet another additional hour after the letters of engagement have been issued by BSJ (i.e.approximately sixty (60) days before the end of the season).3) BSJ shall make best efforts to accommodate the attendance/participation of ARTISTs toattend AGMA area meetings via teleconferencesJ. BOARD ACCESSWhen designated representatives of AGMA desire to meet with or address the Operating Boardof Directors, such a request shall be made to the Executive Director, and such a request shall notbe denied. The Executive Director will present the request to the Operating Board. The boardwill have final approval of any formal address and how and when to accommodate the actuallogistics of such a request. BSJ and AGMA shall discuss ways in which to make the mosteffective use of this forum in Joint Committee.K. COMPANY MEETINGSBSJ shall set aside one (1) hour of company time per rehearsal period of three (3) weeks or morefor ARTISTs to use for AGMA shop meetings. ARTIST attendance at such meetings shall bemandatory.4

additions thereto and modifications thereof appropriately as may be agreeable to the ARTISTand to AGMA but in no event inconsistent with this Basic Agreement and less favorable tosuch ARTIST. A schedule of rules and regulations, as collectively bargained for, approvedand ratified by AGMA, may be attached to the Standard Artist's Contract for Employment.3) ARTISTs shall be employed on a Weekly or on a Guaranteed Employment Basis on theterms and at not less than the minimum compensation hereinafter set forth. As to thosedancers who accept such a Guaranteed Employment contract, BSJ may not substitutepayment for rehearsal weeks for payment of guaranteed performance weeks, if the weeklycompensation of the ARTIST is not the same in all employment weeks. This provision shallbecome effective upon the commencement of a Standard Artist's Contract for Employmentduring the term of this Basic Agreement.4) BSJ agrees that it will continue to employ during the duration of its performances (tour)outside of the city of origination no less than the total number of dancers employed at thebeginning of such tour, provided, however, that reduction in such total number may be madedue to sickness or injuries but in no event less than 85% of the original total number.5) When ARTISTs are engaged on a Weekly or Guaranteed Employment Basis, the StandardArtist's Contract for Employment may contain an option whereby BSJ may engage theARTIST to render his services for an additional specified period of employment. This optionmay be exercised by BSJ only by delivering a notice in writing to the ARTIST and to AGMAsixty (60) days prior to the completion of the initial employment set forth in the StandardArtist's Contract for Employment. There will be a three (3) month notice to the ARTIST ofthe possibility of the option.6) All ARTISTs employed shall be notified of re-engagement or non-reengagement, by writtennotification on or before March 1. The contract offer will be considered to be withdrawnunless the ARTIST has accepted BSJ’s offer within four (4) weeks after date of offer. BSJwill furnish AGMA with a list of those ARTISTs engaged on a guaranteed employment basisthat BSJ does not plan to re-engage for the following contract year. Such letters of intentshall include employment dates and upon approval of BSJ’s Board, information regarding therepertory for the following contract year. BSJ shall make best efforts to provide informationregarding the repertory for the following contract year to the Artists no later than one (1)week prior to the end of the current contract year. An Artist shall not be required to sign anindividual employment contract for the following contract year without first receivinginformation regarding the repertory for the following contract year. However, ARTISTSshall make best efforts to return a signed individual contract within two (2) weeks ofreceiving information regarding the repertory along with a complete and final calendaroutlining rehearsal and performance dates for the entire contract year.a. Each ARTIST shall be given a written Artistic Evaluation by the Artistic Director by nolater than February 1 st of each contract year. Such Artistic Evaluation shall be made on aform that has been mutually agreed upon by BSJ and AGMA and shall include a place forthe Artistic Director to check off whether or not any concerns expressed as part of theArtistic Evaluation may lead to the non-reengagement of the ARTIST.b. After receipt of the written Artistic Evaluation, an ARTIST may, in writing, request ameeting with the Artistic Director and/or Executive Director which will be held any timebetween 2/2 and 2/28 of that contract year. ARTIST’s written request shall include the6

area of his or her evaluation he or she would like to discuss and who he or she wouldlike to be present as part of this meeting.c. An ARTIST shall not be re-engaged at a rank lower than his/her current rank.7) END OF SEASON PERFORMANCE REVIEWAll ARTIST’s employed on a Guaranteed Employment basis shall be entitled to an End ofSeason Performance review, at their written request. This review shall be held during the lasttwo (2) weeks of the Guaranteed Employment period. The purpose of this review is to createanother opportunity for an ARTIST to sit with the Artistic Staff and receive feedback onhis/her work as well as discuss any concerns an ARTIST may have for his/her future. Thisreview is not considered part of the Artistic Evaluation process. In the event the ARTISTwishes to make use of the End of Season Performance Review, ARTIST shall use a sign-upsheet posted by EMPLOYER or notify the Company Manager in writing, no later than three(3) weeks before the last scheduled day of the Guaranteed Employment period. For thepurposes of this agreement notification via e-mail shall qualify as written notification.EMPLOYER will endeavor not to schedule the End of Season Performance Review on aPerformance Day.8) AGMA agrees that all ARTISTs have the obligation to fulfill his/her Standard Artist'sContract for Employment. AGMA acknowledges that BSJ has the right to pursue alldisciplinary avenues available to BSJ in instances in which an ARTIST willfully chooses todefault on the Standard Artist's Contract for Employment. These avenues include but are notlimited to recourse to AGMA for institution of disciplinary proceedings in accordance withits Constitution and By-laws. DANCERS shall not have the right to refuse to appear in anydancing role as assigned by the Artistic Director except when morally unacceptable to theARTIST (e.g. nudity, blackface).O. ASSIGNMENT OF ARTIST’s CONTRACTSBSJ agrees that the Standard Artist's Contract for Employment between BSJ and any ARTISTmay not be assigned or transferred to any individual or corporation unless the written consent ofAGMA and the ARTIST concerned shall have been endorsed on the face of the contract and thethird-party individual or corporation has assumed in writing all of the obligations of this BasicAgreement with respect to such ARTIST, or has negotiated a collective bargaining agreementwith AGMA. Any attempt to transfer of said individual contract without compliance with thisSection of this Basic Agreement shall have no effect and shall be deemed null and void.P. LOWERING OF MINIMUMS AND WAIVERS PROHIBITED1) BSJ agrees that the minimum terms and conditions governing the employment of ARTISTsby BSJ are those contained herein, and BSJ further agrees that it will not enter into anycontract with or employ any ARTIST upon terms and conditions less favorable to theARTIST than those set forth herein. BSJ agrees that no waiver by an ARTIST of anyprovision of this Basic Agreement or any contract between any ARTIST and BSJ shall berequested by BSJ of an ARTIST or delegate, individually or as a group, or be effective unlessthe written consent of AGMA to the making of such request or such waiver is first had andobtained. BSJ further agrees that nothing in this Basic Agreement shall be deemed to preventany ARTIST from negotiating for or obtaining better terms than the minimum terms7

provided for herein. In any case, however, no agreement or contract between BSJ and anyARTIST, whether or not such agreement or contract contains such better terms, shall bebinding upon the ARTIST unless such agreement or contract is in writing and approved byAGMA in writing.2) Failure of AGMA or the ARTIST, to insist upon the strict enforcement of any of theprovisions of this Basic Agreement shall not be deemed a waiver of any rights or remediesthat AGMA and the ARTIST may have and shall not be deemed a waiver of any subsequentbreach or default on the part of BSJ.3) Under extraordinary circumstances, BSJ may request and be granted by AGMA, not by anyARTIST(S) or any Delegate, waiver of specific provisions of this Basic Agreement. As ofApril 1, 2002, AGMA’s current procedure for considering waiver requests is:a) All requests for waivers must be addressed in writing, to AGMA’s MembershipDepartment Supervisor, Candace I. Itow. at Candace@musicalartists.org. with copiesprovided to the San Francisco Area Representative and each Delegate If an electroniccopy cannot be sent, then waivers should be directed to her at AGMA’s National Offices(1420 Broadway, 14 th Floor, New York, NY, 10018),The request should specify:i. The extraordinary reason for the request, in detail and with specificity.ii. The specific provision(s) of the contract for which you are seeking a waiver.iii. The facts, time, dates, duration and circumstances relating to the waiver beingsought and the reason(s) that a waiver is necessary.iv. Any corresponding waivers sought from (and granted by) other unionsrepresenting ARTISTs of the company involved in the production.b) Such request shall be submitted well in advance of the need for action by AGMA. If lessthan two (2) month’s advance notice is given, the waiver request must state reasonscausing the insufficient noticec) With specific regard to waivers involving the recording and/or broadcast of programmaterial or the release of recorded program material in any medium, no such waiverrequest will be granted unless;i. BSJ is, or becomes, a signatory to the AGMA Audio/Video and Internet ReleaseAgreement andii. The entity having physical possession of the recorded material agrees, in writing,to be bound by the terms and conditions appended to the waiver (if it is granted)and to be liable to AGMA, and/or the affected ARTIST(s), for any use of thematerial that exceeds the use authorized by the waiver (if it is granted);iii. The request for the waiver specified:8

The additional compensation to be paid to all AGMA members who perform in,or who perform services with regard to the production being broadcast, recordedor released,The length of advance notice that ARTISTs will be given prior to recordingand/or broadcast, andAn assurance from BSJ that it will secure, if the waiver is granted, the writtenconsent of each ARTIST who performs in the production being broadcast,recorded or released.d) Upon receipt of your waiver request, made in compliance with all of the foregoing, wewill process it as expeditiously as is possible. Any requests made in any other mannerwill not be considered. It is inappropriate for any company official to discuss the waiverrequest with individual members of the bargaining unit prior to AGMA’s consideration ofthe request. Please remember that AGMA’s Board of Governors retains constitutionalauthority to deny the waiver even if a majority of the bargaining unit is in favor of it.e) PLEASE NOTE: With regards to ‘emergency’ waivers made at the last minute, theconditions giving rise to the last minute or ‘emergency’ nature of the request must havebeen unforeseen and unforeseeable. Any waiver request that reasonably could have beenmade prior to two (2) months in advance period specified above will be summarilydenied as untimely.4) If BSJ requests a waiver, BSJ shall provide ARTISTS with one (1) hour of company time inaddition to the time set forth in paragraph K. above for ARTISTS to schedule a meeting todeliberate and vote on such a waiver. Such meeting will be scheduled at a time that ismutually agreeable to AGMA and BSJ.CONTRIBUTION TO BSJ PROHIBITED1) No officer, director, employee or agent/manager of BSJ and no person who occupies therelationship of independent contractor to BSJ shall act as manager, agent or personalrepresentative of any member of AGMA or receive, directly or indirectly, any compensationor remuneration of any kind or nature whatsoever from any member of AGMA. BSJ shall beresponsible for enforcing compliance with the preceding sentence. Within ten (10) days afternotice is given by AGMA to BSJ of any violation of this paragraph, BSJ shall correct suchviolation. If BSJ shall fail to correct such violation within such time, then BSJ shall bedeemed to have committed a material and substantial breach of this contract.2) BSJ agrees that no AGMA member will be solicited or required to make any payments orcontributions of any kind or nature whatsoever, or to have such payments or contributionsmade by any person firm or corporation, to or for the benefit of BSJ or anyone else, in orderto acquire or continue employment by BSJ or as a condition of acquiring such employmentor any preferment in such employment, and BSJ agrees that it will not accept or receive anysuch payments or contributions.9

Q. PAYMENT OF SALARIESBSJ agrees that all ARTISTs, shall with best efforts be paid by cash, check, or upon agreementby the ARTIST, by direct deposit to the ARTISTs specified bank account not later than 12:00noon on Friday of the week following each week of employment. All overtime payments, ECApayments, over mileage payments or any other payments which arise separate and apart from theweekly minimum salaries shall be paid by BSJ to the ARTIST no later than the Friday of theweek following each week of employment. Payment will include a detailed breakdown definingthe nature of all included compensation.R. NON-PAYMENT OR PARTIAL PAYMENT OF SALARIES1) Non-payment, or partial payment of salaries, when due, shall be deemed a material breach ofcontract, giving any ARTIST the right to terminate forthwith his contract with BSJ.However, upon application and sufficient proof by BSJ of the reasons for any non-payment,AGMA in its discretion may grant BSJ a grace period not to exceed seven (7) days.2) If BSJ fails to pay the salary due the ARTIST, the ARTIST shall have an alternative right toreceive his contracted salary out of BSJ’s reserve funds as set forth in Section T belowAGMA shall notify BSJ of its intention to so pay the ARTIST; and if BSJ fails to institutearbitration proceeding within five (5) calendar days, AGMA will proceed to commencepayment to the ARTIST. BSJ agrees to replenish the security deposit upon receipt of arequest from AGMA to replenish the security deposit. Acceptance by the ARTIST of hissalary out of the security deposit shall be a waiver on his part of his right to terminate hiscontract with BSJ.S. SECURITY DEPOSIT/BOND1) At least one (1) week before the commencement of any rehearsal, engagement, series ofengagements or tour within or without the United States of America, or at least one (1) weekbefore the ARTIST commences to travel in pursuance of any engagements, series ofengagements or tour within or without the United States of America, whichever is earlier,BSJ shall provide proof of the liquid reserve sufficient to cover one (1) week‘s payroll. Thecertified proof of existence of the reserve must be shared with AGMA not less than monthlyfor the duration of this Basic Agreement.2) Proof of the placing of the security bond with AGMA will be posted on the company bulletinboard and the AGMA bulletin board not later than the first (1st) day of each employmentperiod.3) No ARTIST shall leave the city of origination for work outside said city unless BSJ, prior tothe ARTIST’s departure therefrom, has provided and paid for his transportation and hisbaggage, including return transportation back to the city of origination. AGMA shall havethe right to require BSJ to post such bond or bonds or such other security, including money,and in such amount as in its sole discretion AGMA deems necessary to insure the safetransportation and return of the ARTIST. AGMA reserves the right to set up other terms andconditions for granting permission to BSJ to take any ARTISTs for an engagement, series ofengagements or tours outside of the United States of America, as provided in the standardOverseas Rider attached hereto. All other foreign travel per diem shall be separatelynegotiated in the standard Overseas Rider.10

4) Should any non-payment of salaries occur, BSJ will cooperate with AGMA in securingmonies in the amount of the unpaid compensation from the California Unpaid Wages Fundadministered by the California Department of Industrial Relations.T. SOCIAL SECURITY, WORKER’s COMPENSATION FUND1) BSJ must carry at its expense adequate Worker's Compensation Insurance, securing to all ofthe ARTISTs, wherever they may work for BSJ, compensation for injury, disability or deathfrom injury sustained in the course of their employment, without regard to fault as a cause ofthe injury, except that there shall be no liability for compensation when the injury has beensolely occasioned by intoxication of the injured ARTIST while on duty, or by willfulintention of the injured ARTIST to bring about the injury or death to himself or another.2) BSJ agrees to obtain coverage for all ARTISTs employed hereunder as permitted under theCalifornia State Unemployment Insurance Law. BSJ agrees to provide ARTISTs and AGMAany information in its possession necessary to secure ARTISTs any unemployment insurancebenefits earned and due.3) BSJ agrees to elect to continue to cover all ARTISTs herein under the Social Security laws ofthe United States and to execute and file the necessary forms required to obtain suchcoverage and, thereafter, as required by the laws, to make the proper contributions under theterms of the laws.4) The contribution made by BSJ for Unemployment Insurance or Social Security tax purposesshall be based upon the compensation provided for in the Standard Artist's Contract forEmployment or the actual gross compensation paid to the ARTIST, whichever shall begreater. No reference shall be made to amounts declared as exempt for Federal Income TaxWithholding purpose in determining what constitutes gross compensation for purposes ofUnemployment Insurance and Social Security.5) Upon request, BSJ shall disclose to AGMA evidence of BSJ’s compliance with theprovisions of this paragraph. BSJ agrees to meet and confer with AGMA as required by lawshould it consider any change to the coverage outlined in this Section effective as of the dateof this Basic Agreement.U. ARBITRATION1) Any controversy or claim arising out of or relating to this Basic Agreement or theinterpretation, performance or breach thereof, shall be settled by arbitration. Either party maydemand such arbitration by giving written notice of such demand. An impartial permanentarbitrator to be mutually selected within thirty (30) days of the ratification of this BasicAgreement shall hear and decide all matters referred to arbitration by either party.2) Any dispute regarding an ARTIST’s Standard ARTIST Agreement may be arbitrated in thesame manner described in the above Section I V of this Basic Agreement, in front of thepermanent arbitrator, unless ARTIST objects. Then ARTIST, AGMA and BSJ all agree tochoose another arbitrator.11

W. NOTICES1) ARITST must keep BSJ and AGMA informed of any change of address and/or telephonenumber. This notice must be provided within 15 days of change occurring.2) Any and all notices are to be in writing and sent return receipt requested to the last knownaddress filed by the ARTIST with BSJ or the last known address filed by the ARTIST withAGMA.X. SEPARABILITYIf any provision of this Basic Agreement shall be held invalid under existing or future Californiaor Federal law, it shall be deemed separable from the remainder of this Basic Agreement, and itshall not affect the validity of any other provision thereof.Y. LOCKOUTS AND STRIKESDuring the term of this Basic Agreement there shall be no lockouts and no strikes. However anindividual ARTIST compelled by their individual conscience may choose to respect a dulysanctioned picket line of an authorized labor organization.Z. UNLAWFUL DISCRIMINATION FORBIDDENAll terms and conditions of employment included in this Basic Agreement shall be administeredand applied without regard to race, sex, sexual orientation, gender identity, creed, disabilityand/or national origin except where bona fide occupational qualifications may, as recognized bythe law of the jurisdiction, be shown to exist. BSJ shall not unlawfully discriminate against anyARTISTs because of his/her activities on behalf of AGMA.AA.HARMONIOUS WORKPLACE1) BSJ, AGMA and ARTISTs agree to endeavor to promote mutual respect, a positiveatmosphere, and harmonious working relationships. BSJ, AGMA and ARTISTsacknowledge that artistic endeavors may involve stressful conditions. BSJ and ARTISTs willexpressly maintain the position that no ARTIST or BSJ Staff Member shall be subjected toinsulting or humiliating language, trespass, or abusive conduct on the part of any BSJemployee, affiliate or representative. It is further acknowledged that injuries may result to theaffected individual or BSJ’s operations may be impaired as a result of any such personalaffront, racial or ethnic slur, or any trespass to person or property.2) Therefore, in the event that any individual believes he/she has been affected by such anaffront, slur, or trespass by BSJ, ARTISTs or any other person otherwise engaged by BSJ,the individual affected shall make a written report of the incident, which report shall besubmitted promptly to the Executive Director, with a copy to the AGMA representative(s).3) Such allegations of abuse, including written statements, shall be brought to the attention ofthe Executive Director, and AGMA representative and may be discussed and a resolutionattempted by BSJ and AGMA. Such discussions and attempts at resolution neither supplantnor constitute remedies which must be exhausted by either BSJ, AGMA or ARTISTs prior toany arbitration or other procedures which may be undertaken with the consent of bothAGMA and BSJ.12

SECTION II: EMPLOYMENT CONDITIONSA. MINIMUM EMPLOYMENT GUARANTEE1) BSJ guarantees to employ on a Guaranteed Employment Basis (as used in Exhibit A hereto),in each contract year not less than thirty-one (31) Company Members (not including GuestArtists), of which two (2) may be Apprentices for all contracted rehearsal and performanceweeks. Guaranteed Employment means employment of the ARTIST (by BSJ whereby BSJguarantees the ARTIST) for not less than the following number of weeks of employmentwithin a thirty-six (36) week consecutive (week) period:2010-11Number of Weeks 27Consecutive Weeks Span 36Such Guaranteed Employment shall consist of any 12-month period as designated by BSJ, asuniformly reflected in each individual ARTIST AGREEMENT No weeks of employmentfrom one Season shall be credited or offset to comply with the guarantee requirement inanother Season.2) Only if BSJ has engaged thirty-one (31) Company Members on a guaranteed employmentbasis for the required number of weeks outlined in Section II A.1., above, may any additionalARTISTs such as a Dancer engaged to augment the company or to replace an injured orabsent Company Member be hired.3) If the dancer guarantee is not satisfied at the beginning of the contract period, BSJ shalldivide the total salary for each unfulfilled contract including Plan B contributions equallyamongst the dancers for each employment week such contract remains unfulfilled after two(2) weeks.4) Rehearsal – Minimum GuaranteeAt the beginning of any contract year or following a lay-off of three (3) weeks or more BSJwill guarantee to the ARTIST not less than two (2) Rehearsal Weeks prior to the beginningof performance.B. WEEKS AND FREE DAYSWeek: a period of seven (7) full consecutive days. Any week of three (3) days or less may beprorated with regard to compensation. Any week of more than three (3) days shall be considereda full week.1) In-Studio Rehearsal Week – any week or major part thereof, as defined in Section III T, ofthis Basic Agreement, which is spent in BSJ’s rehearsal facilities in preparation for aperformance.13

2) In-Theatre Rehearsal/Performance Week – any week or major part thereof, as defined inSection III R, of this Basic Agreement, from one Monday through the following Sunday, inwhich a paid public performance is scheduled. The free day during said week shall beMonday unless that is a Travel Day, in which case the Free Day will be on the next Tuesday.3) BSJ shall give ARTISTs at least two (2) consecutive Free Days between an In-Theater andan In-Studio Rehearsal Week immediately following a two-week performance run. BSJ shallgive ARITSTS one and one half (1 ½) days after a one-week performance run. BSJ shall notschedule any Artists Activity to begin before noon or after 5:00PM on the half (1/2) dayC. HOLIDAYSARTISTs may not be required to rehearse and/or perform on the following legal holidays: LaborDay, Independence Day, Memorial Day, Martin Luther King Day, Thanksgiving, Christmas,New Year's Day and Easter Sunday and the Friday after Thanksgiving if it should fall on arehearsal week. All such legal holidays shall be in addition to the regularly scheduled Free Days.If the ARTIST is required to perform or rehearse on a legal holiday or if the holiday is scheduledto be the regular Free Day, the ARTISTs shall receive an extra Free Day within the succeedingor preceding two (2) week period of employment except Thanksgiving, Christmas, New Year'sDay and Martin Luther King Day which shall have the extra Free Day scheduled within thesucceeding or preceding four (4) week period of employment. If an alternate Free Day cannotbe scheduled ARTISTs will be compensated at one-sixth (1/6) of the weekly salary. Legalholidays which fall on a Sunday do not require an additional Free Day during that same week,provided the ARTIST shall have an alternate Free Day scheduled.D. LAYOFFS1) BSJ may lay off ARTISTs in the City of Origination without any compensation. BSJ agreesthat all employment outside the City of Origination shall be continuous, and each ARTISTshall be compensated therefore at his Performance Week salary, and that it shall not lay offan ARTIST in any place other than the City of Origination.2) In no event shall lay-off affect the guaranteed number of weeks of employment.3) No layoffs or return to employment shall occur without six (6) weeks prior writtennotification to each ARTIST.4) When the ARTIST returns to employment following a lay-off period, BSJ agrees that therehearsal schedule will be posted by noon two (2) working days before the beginning ofrehearsal.5) No lay-off during the contract year shall be longer than three (3) weeks.6) BSJ will ensure that dance studios are made available to ARTISTs during all lay-off weeks(i.e. Thanksgiving) given that ARTISTs use the studios during regular business hours when amember of management is present. ARTISTs will be required to sign a release of liability touse the facilities during these lay-off weeks and will need to respect the studio requirementsof the Ballet San Jose School during these periods. ARTISTs will need to schedule such usewith the Ballet San Jose School staff to prevent overbooking of studio space.14

E. PRO-RATA DAYSIf the ARTIST shall be guaranteed not less than one (1) full Performance Week, then BSJ shallhave the right, on two (2) weeks prior notice, to engage the ARTIST for not more than three (3)consecutive days in the week immediately preceding or succeeding any such guaranteed fullPerformance Week at a pro rata amount of the ARTIST’s agreed upon weekly compensation forPerformance Weeks calculated on the basis of one-sixth (1/6th) thereof for each such day in suchweek. It is further agreed that the fourth (4th) day or a fifth (5th) performance "triggers" a fullPerformance Week.F. TOURINGShould BSJ decide to include any number of ARTISTs as part of an established tour, BSJ willnegotiate with AGMA in advance of the tour those matters directly relating to subsistenceallowance, transportation arrangements, and participation in the tour.G. LECTURE DEMONSTRATIONS/OUTREACH1) Compensationa) During Lay-offAll ARTISTs who participate in a Lecture Demonstration/ Outreach/ Student Matinee ata time when the ARTIST is not otherwise engaged by BSJ shall be compensated at theirindividual In-Rehearsal week rate pro-rated on an hourly basis in half (1/2) hourincrements with a two (2) hour minimum for any rehearsal hour that takes place on a dayprior to the Lecture Demonstration/Outreach/Student Matinee. The LectureDemonstration/Outreach/Student Matinee Performance shall be compensated at the ECArate for a minimum of three (3) hours to be paid in half (1/2) hour increments. At no timewill an ARTIST be given the option to rehearse in preparation of a LectureDemonstration/Outreach/Student Matinees without being compensated as outlined in thisparagraph.b) During contracted employment weeks Compensation for all time devoted to such workshall follow all conditions, rates and fees governing rehearsal set forth in this Agreement.c) All ARTISTs will receive a minimum of two (2) hours of rehearsal for a LectureDemonstration/ Outreach/Student Matinee2) ARTISTs will not be asked to rehearse more than three (3) hours on the day of the LectureDemonstration/Outreach.3) All rehearsal, performance and travel calls will be scheduled in accordance with theapplicable In-Theater conditions as outlined in the Basic Agreement, including, but notlimited to rest spans, overtime and allowable consecutive hours of work.4) BSJ may schedule an earlier starting time than what is set forth in this Basic Agreement atthe sole discretion of the ARTISTs by submitting the request in writing to the San FranciscoArea Representative no less than one (1) week in advance of the Lecture15

Demonstration/Outreach. The response to such a request shall be made to BSJ from the SanFrancisco Area Representative or one of the Delegates.5) Transportation: All transportation to and from the Lecture Demonstration/ Outreach will bearranged by BSJ. In the event that BSJ is unable to provide transportation an ARTIST maybe asked to drive under the following circumstances: ARTIST will receive reimbursementfor mileage at the current IRS rate for San Jose, CA and parking at the location of theLecture Demonstration/ Outreach will either be provided or reimbursed. No ARTIST will berequired to drive without their consent.6) Per Diem: If an ARTIST is required to be more that 30 miles from the in-city departurepoint, per diem rates apply as set forth in Section IV D, of this Basic Agreement.7) Health & Safety: BSJ will make every possible attempt to provide a proper dance floor. Ifthis becomes impossible no ARTIST will be asked to jump or wear point shoes.8) Exceptions: Exceptions to Lecture Demonstration/ Outreach/Student Matinee provisions maybe made if agreed to in writing by AGMA, and BSJ.9) Basic Agreement Application: All terms of this Basic Agreement shall apply to all LectureDemonstrations/ Outreaches.10) BSJ shall give AGMA and Delegates the following details regarding a LectureDemonstration/ Outreach, no less than ten (10) days prior to the Lecture Demonstration/Outreach;a) Location of Lecture Demonstration/ Outreach,b) Date of Lecture Demonstration/ Outreach.c) Complete schedule for Rehearsals and Performances of the Lecture Demonstration/Outreach,d) All conditions regarding space and dressing facilities including any modifications thatwill be made to the space in order to accommodate all of the requirements set forth in thisBasic Agreement including but not limited to Paragraph A of the Health & SafetyAddendum.e) Whether or not there will be a paying audience.f) The purpose of the Lecture Demonstration/ Outreach.11) BSJ shall post a notice on the ARTIST Bulletin Board outlining all details set forth inparagraph 12 above no less than one (1) week in advance of such Lecture Demonstration/Outreach/ Student Matinee.12) In-Studio Showings shall not be included in this section of the agreement. However, BSJshall discuss the schedule for such days in Joint Committee in advance of such scheduling.16

SECTION III.DEFINITIONSWhenever used in this Basic Agreement, unless otherwise provided:A. APPRENTICE - shall be defined as an ARTIST who has been so designated by the EMPLOYERin the Individual Artist’s Contract for Employment and/or the public announcements, programsand other literature issued by the EMPLOYER. Except as explicitly provided in thissubparagraph, all terms and conditions of this contract shall apply to Apprentices:1) There shall be no more than eight (8) Apprentices;2) Apprenticeship shall be no longer than two (2) contract years in length;3) Apprentices can be renewed only once and there will be a difference between the rate of payfor first year apprentices from that of second year apprentices. After the Apprentice hascompleted his/her second Apprentice Year with BSJ, then he/she upon reengagement will beoffered no less than a First-Year Dancer individual employment contract for his/her thirdcontract year of employment;4) Apprentice shall be assigned performance responsibilities only in roles equivalent, but notsuperior to corps roles. BSJ will advise all guest choreographers of this provision;5) If at any time an Apprentice is cast to perform a solo role or higher such BSJ shallcompensate the Apprentice:a) the In-Studio Rehearsal Company Member rate for each week such Apprentice rehearsessuch a role andb) the In-Theatre Rehearsal/Performance Company Member rate for each week suchApprentice performs such a role.6) Whenever BSJ casts an APPRENTICE for a solo ROLE or higher (role) BSJ shall contactAGMA in writing no later than forty-eight (48) hours after such casting is assigned. BSJ shallput $100 into the Career Transition Fund for each such role cast for which AGMA did notreceive such a notice.7) BSJ may cast each APPRENTICE in a solo or higher role one (1) time during his/her two (2)year Apprenticeship without additional compensation set forth in paragraph 5 above.8) Any controversy which may arise over the appropriateness of any role assigned to anApprentice pursuant to this Section shall be referred to Joint Committee for discussion.9) Once a Dancer is engaged as a Company Member they can no longer be engaged as anApprentice.17

B. ARTIST ACTIVITY - shall mean, without limitation:1) Any performance, company class, rehearsal, Lecture/Demonstration, make-up call, wigs orcostume call, costume fitting, photo call or interview, or travel counted from the time, whichthe ARTIST is required to be present.2) Any activity in which the ARTIST is required to participate and which results in the ARTISTplying his/her trade shall be paid.3) Any Activity in which the ARTIST is requested to participate, which does not result in theARTIST plying his/her trade, and which is the ARTIST’s option, shall not be paid.C. AUDIENCE DEVELOPMENT PERFORMANCE – shall mean a free performance wherethe audience is invited and of a targeted demographic for the specific purpose of cultivating newpatrons.D. CITY OF ORIGINATION - shall mean the city of San Jose, California. An engagement will beconsidered outside the City of Origination if such engagement takes place more than a radius ofthirty (30) miles from the company's point of in-city departure.E. COMPANY CLASS – shall be defined as a one hour to one and a half hours ninety (90) minuteclass for the purpose of maintaining and improving on the ARTIST’s craft and warming up forthe day’s work.F. COMPANY MEMBER – shall be defined as a dancer who has been engaged on a guaranteedemployment contract as defined in Section II A 1. Company Members shall include Corps DeBallet, Soloist and Principal ARTISTS.G. COMPANY WARM-UP – shall be defined as an optional thirty (30) to fifty (50) minute classgiven for the purpose of warming up prior to a performance or rehearsal, except where stated inV.A.1.c, where it will be considered required.H. CORPS DE BALLET ARTIST - shall be defined as an ARTIST who has been so designated bythe EMPLOYER in the Individual Artist’s Contract for Employment and/or the publicannouncements, programs and other literature issued by the EMPLOYER.I. ALTERNATES – shall be defined as any ARTIST who is listed on the Responsibility Sheet inconnection with a specific role(s) and is required to remain on call and be present during theperformance for which he/she has been assigned to cover/understudy until curtain goes up on theparticular piece of which such cover/understudy is responsible.J. CURTAIN TIME – shall be defined as five (5) minutes past advertised Curtain Time or thebeginning of the music of the first (1st) dance piece whichever occurs first.K. DELEGATE – shall be defined an ARTIST elected by the Company Members and Apprenticesto serve as liaisons between ARTISTs, AGMA BSJ. Delegates shall have access to all areas inwhich Artist Activity occurs and shall have access to individuals and information relevant toinsure compliance with this Basic Agreement. A Delegate is not an agent of AGMA for purposesof waiving provisions of this Basic Agreement or entering into any legal enforceable agreementon behalf of AGMA or any individual ARTIST.18

L. DRESS REHEARSAL – shall be defined as an appearance which includes the followingelements:1) All performing ARTISTs shall appear in full costume and/or make-up;2) All scenery, lighting, props and costumes are utilized3) Full orchestra utilized or performance music utilized;4) May include an invited, non-paying audience;5) No printed program or announcement stating cast or program credits or promotion as aperformanceMEXCEPTIONAL CIRCUMSTANCE ALLOWANCE (referred to herein as ECA) - shall bedefined as a fee equal to the amount outlined in Section IV B 3, to be paid addition to all othercompensation (normal weekly salary, overtime, etc.), which may be due to the ARTIST.N. EMERGENCY REHEARSAL – shall be defined as a rehearsal necessitated by the inability of anARTIST to perform due to sickness or injury when such emergency rehearsal is posted by BSJnot more than twenty-four (24) hours after BSJ learns of the emergency or when BSJ can submitproof to the AGMA delegate(s) and/or Area Representative that the rehearsal could not havebeen scheduled at any other time.O. EXTRAORDINARY RISK – shall be defined as a performance or on-stage technical rehearsalor Dress Rehearsal which entails one or more of the following high risk feats for an ARTIST:1) suspension from trapeze, wire or like contrivance more than five (5) feet above stage floor;2) performing on stilts or like devices which place artist’s feet more than five (5) feet abovestage floor;3) operating explosive or pyrotechnic devices;4) handling fire or performing near or around fire;5) when, as part of the production, use of water, liquid or any substance which makes the floorslippery;6) any other form of high-risk feat endangering ARTIST(S) to injury as mutually determined bythe Joint Committee and BSJ, or as determined by an impartial arbiter under the provisions ofSection I V, of this Basic Agreement.7) Notwithstanding the foregoing, performing on any construction or apparatus built above thestage floor or orchestra pit, regardless of height, shall not be considered Extraordinary Risk ifit is of such stability, width and protective danceability and having such railings as may benecessary so as to assure the safety of the ARTISTs as mutually determined by the JointCommittee and BSJ.19

8) The use of sharp weapons, swords, and or other props used as weapons, shall not ordinarilybe considered Extraordinary Risk, if the agreed upon conditions of the Health and SafetyRegulation Addendum regarding this matter are met by BSJ.9) BSJ agrees to assure ARTIST shall not be required to perform or rehearse in a space, whichis below sixty-eight (68) degrees Fahrenheit or above ninety (90) degrees Fahrenheit. It isunderstood by the ARTIST that there are circumstances out of BSJ’s control construed asacts of God, and may require exception. In such exceptions BSJ will compensate ARTISTtwenty dollars ($20.00). In the case of outdoor performances where the potential exists forcanceling a performance, temperature and conditions will be assessed by the Stage Manager,or designee. If the temperature is beyond the stated parameters then BSJ will make the finaldecision as to whether or not to proceed or not with the schedule rehearsal and performanceat the penalty rate stated above.P. FREE DAY – shall be defined as a period of twenty-four (24) consecutive hours during whichthe ARTIST may not be required to travel, rehearse, perform, or execute any service orobligation whatsoever for BSJ. The Free Day shall not be interrupted by photo calls, costumefittings, or any other Artist Activity, nor shall any individual volunteer such service without priorwritten consent from AGMA. During performance weeks the twenty-four (24) hour consecutivetime period shall be counted from twelve (12) hours after the close of the last precedingperformance. Each performance week shall have one (1) Free Day in each Monday throughSunday week. Each rehearsal week shall have two (2) Free Days within each Monday-through-Sunday week. During a five (5)-day rehearsal week the consecutive Free Days shall commenceat midnight and end at 9:30 AM in the morning of the third (3rd) following day.Q. GUEST ARTIST – shall be defined as a dancer who has been engaged for less than theguaranteed number of weeks referred to in Section II A 1, to perform a specific body of work(s)due to his/her unique and extraordinary artistic ability.R. IN-THEATER REHEARSAL/PERFORMANCE WEEK – shall be defined as any week ormajor part thereof, from one Monday through the following Sunday, in which a paid publicperformance is scheduled. The free day during said week shall be Monday.S. ON-STAGE TECHNICAL REHEARSAL – shall be defined as an appearance which includesthe following elements:1) scenery, lighting, props, costumes and hair requirements may be utilized;2) may include invited, non-paying audience;3) no printed program or announcement stating casts or program credits or promotion as aperformer;4) one five (5) minute break given during each hour of rehearsal following a fifty-five (55)minute rehearsal period; or ten (10) minutes within ninety (90) minutes.T. OVERTIME – an hourly rate of pay as set forth in Section IV B 2, of this Basic Agreement, inaddition to any other compensation due.T. PERFORMANCE – shall be defined as an appearance which counts as three hours and fifteenminutes (3-¼) and includes all of the following elements:20

1) All performing ARTISTs shall appear in full costume and make-up;2) All scenery, lighting, props and costumes are utilized;3) Full orchestra or performance music utilized;4) There is a paying audience;5) The program presented is a full performance.U. PRINCIPAL ARTIST - shall be defined as an ARTIST who has been so designated by theEMPLOYER in the Individual Artist’s Contract for Employment and/or the publicannouncements, programs and other literature issued by the EMPLOYER.V. IN-STUDIO REHEARSAL WEEK – shall be defined as any week or major part thereof, fromMonday through the following Sunday, which is spent in BSJ’s rehearsal facilities in preparationfor a performance. Free Days, as defined in Section III P, during said week shall be Saturday andSunday. Free Days may be changed as long as Artists are given notice of such change with theirseason schedules on the first day of their contract. In any event Artists shall never work for morethan six (6) days without a Free Day and Free Days during In-Studio Rehearsal weeks shallalways be consecutive.W. REST SPAN – shall be defined as a span of time in which no ARTIST’s activity as defined inSection II B, may be scheduled without additional compensation. (e.g. off-span twelve (12)hours, 4th consecutive work hour, break period after travel, time between matinee and eveningperformances, Free Day, the two hour period prior to performance, and break time,intermissions/pauses and the time between the end of rehearsal and beginning of performance.)X. RUN-OUTS - When an ARTIST is required to perform more than thirty (30) miles beyond thecentral point of departure, but is not required to stay overnight, BSJ shall compensate theARTIST with the appropriate meal allowance. BSJ will provide transportation to and from suchperformance or an equivalent allowance for transportation.Y. SPILL OVER REHEARSALS – shall be defined as unscheduled rehearsal of the same ballet orrehearsal call which immediately follows a scheduled rehearsal and announced as such. Spill-Over Rehearsal shall not exceed one-half (1/2) hour per day per ARTIST under anycircumstances and shall be compensated at the appropriate half-hour rate.Z. SOLOIST - shall be defined as an ARTIST who has been so designated by the EMPLOYER inthe Individual Artist’s Contract for employment and/or the public announcement, programs orother literature issued by the EMPLOYER.AA.BB.SPACING REHEARSAL - shall be defined as an on-stage walk through/talk through of thephysical spacing for all traffic patterns and formations of a dance piece prior to a run through.STUDENT MATINEE - shall be defined as a full or partial performance with the followingconditions:1) Curtain time that allows performance to fall within the time frame of a public school day,typically 10:00 AM – 11:00 AM.21

2) Company Warm-Up precedes curtain time by ninety (90) minutes.CC.UNDRESSING TIMEArtists will be given 15 minutes following a performance or rehearsal with costumes and/ormakeup to remove costume and/or makeup unless ARTIST requires additional time asdetermined by wardrobe department; ARTISTs must be out of costume within fifteen (15)minutes of performance or rehearsal ending.DD. WEEK - shall be defined as a period of seven (7) full consecutive days. Any week of three (3)days or less may be prorated with regard to compensation. Any week of more than three (3) daysshall be considered a full week.22

SECTION IV. COMPENSATIONA. Minimum CompensationOverscale Dancers - The total compensation rates for over scale dancers shall be increased by thedollar amount of the percentage increase given to minimum wages set forth above or an amountno less than the average change in the Bureau of Labor Statistic Consumer Prices Index forUrban Wage Earners and Clerical Workers in the San Francisco Bay Area for the previous threeyears ending December 31 (3.3% for 12/07) whichever is greater.1) Rehearsal Weeks.2010-111st-Year Apprentice $477.212nd-Year Apprentice $656.17Corps De Ballet $836.00Soloist $865.00Principal $1,090.00No ARTIST engaged for the 2010-11 season shall be employed at a weekly salary less thanhis/her 2009-10 weekly salary. The lowest salary for a Company Member for the 2010-11 seasonis $876.88 per In-Studio Rehearsal Week.2) In-Theater Rehearsal/Performance Weeks2010-111st-Year Apprentice $620.392nd-Year Apprentice $853.03Corps De Ballet $1086.80Soloist $1,124.50Principal $1,417.00In-Theater Rehearsal/Performance week shall be compensated at thirty per cent (30%) of eachARTIST’s In-Studio Rehearsal Weekly salary. Any over-scale compensation an ARTIST mayreceive shall not be credited towards satisfying this enhanced weekly salary.B. ADDITIONAL COMPENSATION1) Seniority Minimum.BSJ agrees to pay to an ARTIST in the employ of BSJ for the appropriate period of time asdefined hereafter prior to the effective date of employment the following compensation inaddition to any minimum compensation provided for in this Basic Agreement: ten dollars($10.00) per week, per contract year. For example, an ARTIST with six (6) contract years’seniority with BSJ would receive $60.00 per week.23

Seniority minimum compensation based on each ARTISTs’ year of employment to date withthe company shall become effective as of the date of this Basic Agreement. Each seniorityincrement earned from 2001-2002 forward shall be added to ARTIST’s wage without regardto other pre-existing over-scale rates. Any over scale, per diems or any other payment fromBSJ shall not be credited towards satisfaction of this seniority minimum. An ARTISTemployed in a season who is re-engaged for any length of time in the following season shallbe due the seniority minimum as defined above. ARTIST’s shall be permitted at least onecontract year’s break in service without loss of seniority status.2) OvertimeAn hourly rate of pay equal to:3) Exceptional Circumstance Allowance2010-11$40.94In addition to all other compensation (minimum weekly compensation, overtime, etc.), whichmay be due to the ARTIST:4) Severance and Exit Pay2010-11$46.80When an ARTIST who has been employed on a guaranteed employment basis by BSJ forfive (5)* years leaves the ARTIST shall receive one hundred per cent (100%) week’sMinimum Compensation, per year of employment for service of up to fifteen (15) years. Ifthere is a break in service of not more than one (1) year, ARTIST shall not lose credit for pastyears of employment.*See Addendum 3 for 2010-11 contract year5) Delegate PayBSJ shall split $50 per week of the contract period between the Delegates elected by theARTISTs. This will be in addition to any other compensation that they are due and shall beincluded in each of his/her paycheck.C. SPECIAL FEES1) Extraordinary Risk2010-11$38.0624

2) Ballet Mistress/Master Feea) Any ARTIST appointed by the Artistic Staff or their representative to take charge of anofficially scheduled rehearsal for which such ARTIST is not participating as a dancer,whether or not the Ballet Master is present, shall be paid the half-hour Overtime Rate foreach such half-hour or fraction thereof in addition to ARTIST’s weekly rate (includingany other overtime compensation or ECA payment owed to such ARTIST).b) Any ARTIST appointed by the Artistic Staff or their representative to take charge of anofficially scheduled rehearsal in addition to participating as a dancer, whether or not theBallet Master is present, shall receive an ECA payment as per Section IV B 3, of thisBasic Agreement. in addition to dancer’s weekly rate (including any other overtime orECA compensation owed to such ARTIST).c) The ARTIST’s uncompensated rehearsal hours shall not be utilized in lieu of payment forperforming the service of replacement for Ballet Master.D. PER-DIEM RUN-OUT MEALS1) On any day in which the ARTIST is required to be more than thirty (30) miles from the incitydeparture point ARTISTs shall receive, the U.S. State Department rates listed at thattime.a) All Artists, either weekly and/or per performance, shall receive per diem and/or mealmoney two (2) working days prior to departure.b) In the event BSJ approves an ARTIST’s request to use his/her personal vehicle for anyrun-out and/or tour or BSJ requests an ARTIST to use his/her personal vehicle for anyrun-out and/or tour, BSJ will reimburse the ARTIST at the mileage rate prescribed by theIRS in addition to tolls and parking expense.c) If an ARTIST notifies BSJ in writing during the first week that a run-out and/or tourschedule is posted that the ARTIST will use his/her personal vehicle for said run-outand/or tour, BSJ will not be responsible to reimburse said ARTIST for mileage unlessBSJ requires ARTIST to use his/her own vehicle.d) If an ARTIST under any type of employment contract is required to travel or be outsidethe City of Origination at any time during the week which is neither a Rehearsal Weeknor a Performance Week, he/she shall be paid not less than the applicable per diem foreach day (beginning at midnight and ending the following midnight) or part thereof, andBSJ will provide and pay for hotel accommodations. Overseas and/or foreign per diemshall be negotiated and contracted on a separate Overseas Rider.25

E. BENEFITS1) AGMA Medical Coveragea) Medical CoverageBSJ will provide to all ARTISTs who are engaged for fifteen (15) weeks or more, HealthInsurance that will not fall below the level of coverage and range of providers of theHealth Insurance BSJ ISTS. BSJ will demonstrate that the current Health Insuranceprovided to ARTISTs is equivalent or superior to the AGMA Health Plan A. Suchcoverage will provide basic health benefits and major medical benefits both inside andoutside the city of origination. As of the effective date of this Basic Agreement BSJ shalldemonstrate to AGMA that the Medical Coverage available to ARTIST meets therequirement of this Section. At least sixty (60) days prior to any change in levels ofcoverage or medical service providers, BSJ shall meet and confer with AGMA so as todemonstrate compliance with this Section prior to any final decision taking place.b) Dental CoverageBSJ will provide to all ARTISTs who are engaged for fifteen (15) weeks or more, DentalInsurance for no less than twelve (12) months from first day of coverage per contractyear. Such insurance shall begin on the first day of the month after the first day of eachARTIST’s contract.c) Vision CoverageBSJ will make available to all ARTISTs who are engaged for fifteen (15) weeks or more,Vision Insurance for ARTISTs entire contracted period from the first day of employmentper contract year. BSJ shall make such contributions on behalf of each ARTIST whochooses to participate in such Vision plan and which shall be deducted from eachARTIST’s paycheck on a pre-taxed, pro-rated basis, upon written authorization fromeach ARTIST. Such insurance shall begin on the first day of the month after the first dayof each ARTIST’s contract.d) BSJ will provide to all ARTIST who are engaged for fifteen (15) weeks or more, HealthInsurance for no less than twelve (12) months* from first day of coverage per contractyear, that will not fall below the level of coverage and range of providers of the HealthInsurance BSJ currently provides ARTIST. Such insurance shall begin on the first dayof the month after the first day of each ARTIST’s contract.*For the 2010-11 contract year only, see Addendum 3.e) Family CoverageBSJ agrees to deduct the difference between the cost of Individual Coverage and the costof Family Coverage from the compensation of any ARTIST described in Section IV A 1,above, who chooses to elect such additional dependent coverage. BSJ agrees to remit thispayment to the applicable insurance provider along with the required BSJ contributionson a monthly basis.f) Plan BBSJ shall contribute seventy dollars ($70.00) for the 2010-11contract year per month foreach month ARTIST is engaged per dancer to the AGMA Health Plan B.26

(g) 403(b)BSJ will make available to all ARTISTs who are engaged for fifteen (15) weeks or more,a 403(b) ARTIST-BSJ retirement fund. The ARTISTs contribution is always onehundred percent (100%) vested. New eligible ARTISTs are able to enroll in the plan onthe first day of the month of employment.2) LEAVES(a) Sick and Personal Leavei. BSJ agrees that all ARTISTs shall be given Sick/Personal Leave with full pay atthe rate of one (1) block for each week of employment, during any contract year.ii.iii.iv.For the purpose of calculating Sick/Personal Days each day shall be divided intothree (3) blocks of time; Company Class = first block, end of class to lunch break= second block; After lunch break to end of day = third block. SickLeave/Personal Days = twenty-seven (27) blocks (9 days). Once ARTIST hasexhausted all of his/her Sick and Personal Leave, BSJ may deduct a pro-ratedamount of the ARTISTs’ base weekly compensation for any additional timemissed. Unused Sick and Personal leave shall not carry over to the next contractyear.Except in cases of emergency, on any day that ARTIST will be unable to attendany rehearsal, due to illness, injury or other unforeseen circumstance, ARTISTshall make best efforts to inform BSJ of his/her absence as soon as possible, bythe start of Company Class for that day or three (3) hours prior to the first ArtistActivity for which he/she is required to attend (if no Company Class isscheduled), whichever is later. Such notification shall be made by phone only tothe Stage Management office, at the studios or theater, as appropriate. If ARTISTfails to inform BSJ within the time frame set forth herein then BSJ shall deductone (1) block of time from such ARTIST’s sick-leave allotment as set forth inparagraph ii. above, in addition to the total amount of time ARTIST is absent.Notice for use of personal time: ARTISTs shall conduct personal or privateinterests or business only during non-company time. If unable to do so dancershall provide 2 working days notice to Company, by means of filling out aSick/Personal Time slip and turning it into stage management. The ARTIST shallindicate on the slip the date and time of the anticipated absence, unless preventedfrom doing so by reason of an emergency. No such absence shall be denied,provided that such absence does not contravene the provisions set forth inIV.E.2.a.i and IV.E.2.a.iv. If such occurrence does occur (excluding illness orinjury) BSJ shall deduct block(s) equivalent to those blocks missed plus one (1)additional Sick/Personal Time block from individual ARTIST’s allowance.v. An ARTIST shall not take a Personal Day in an In-Theater week. An ARTISTshall give the Artistic Director at least one (1) week’s notice of his/her intention totake a Personal Day during one (1) week prior to an In-Theater week. Suchrequirements will not apply to absences taken due to illness or injury.27

vi.BSJ shall be responsible for logging all absences for any Artists Activity forwhich an ARTIST is required to attend and informing ARTISTs of whatever theirremaining balance is in writing. BSJ shall give this information to each ARTISTtwo times per contract year as follows: with each ARTIST’s paycheck deliveredduring the last week of Nutcracker and with each ARTIST’s letter of intent. BSJshall also make this information available to each ARTIST upon request.Absences from any Artist Activity for which an Artist has not been scheduledshall not be included.(b) Medical Leaves of AbsenceWhen an inability to perform is the result of major illness, injury, pregnancy orchildbirth, the ARTIST shall be entitled to a leave of absence, with the followingconditions:(i) Paid Leave1) Work-related injury or illnessBSJ agrees to enroll all ARTISTs engaged on a guaranteed-employmentbasis in a disability insurance plan, which contains a minimum of thefollowing terms:ooocoverage of total disability which is work-related;14-day waiting period per injury after disability commences;52-week maximum insured period per injury(ii) Unpaid Leave - Pregnancy and non-work related injury or illness:Where the inability to perform is a result of an non-work related injury or illnessor pregnancy or child birth, in addition to paid sick leave and disability leave asprovided for in this Section, an ARTIST, who has completed at least three (3)years of guaranteed employment with BSJ, of up to 12 months.c) Return from LeaveARTIST shall resume work without loss of seniority or rank upon written medicalrelease from his/her physician. Upon return to work the Artistic Director shalldetermine when the ARTIST is capable of performance at the ARTIST’s level ofperformance prior to the leave of absenced) Health BenefitsBSJ will continue health fund contributions for the ARTIST during such leaves ofabsence for any ARTIST who is experiencing a leave of absence due to a workrelated or non-work related injury or illness.e) Alternative WorkAn ARTIST who is physically unable to perform his/her regular ARTIST Activities,at his/her request shall be provided alternative duties consistent with the ARTIST’s28

medical restrictions to the extent required by and in accordance with the applicablestate and federal law.3) ARTIST WELL-BEING PROGRAMIn recognition of the fact that ARTISTs need a consistent amount of physicalmaintenance in order to stay healthy and perform at the optimum standard required byBSJ, BSJ shall make the following services available to each ARTIST engaged.a) A physical therapist for fifteen (15) hours per week for each rehearsal week duringthe contract year. EMPLOYER and ARTISTs shall work together in JointCommittee to ensure that such physical therapist is mutually acceptable.b) Physical Maintenance Allowance of one hundred and twenty dollars ($120.00) perARTIST per contract year to be reimbursed to each ARTIST upon presentation of areceipt. These monies shall be used for any service or products related to physicalmaintenance.c) BSJ has secured gym membership at San Jose Athletic Club for the contract year forall ARTISTS engaged during the contract year. In addition, BSJ will use its bestefforts to maintain such membership for the contract year as well as the currentphysical maintenance programs (e.g. gym membership, physical therapy, etc.).d) In addition, BSJ and AGMA agree to establish a consistent forum for meeting in goodfaith to investigate and develop methods and means for improving the currentPhysical Maintenance Program that will serve to support the longevity, health andperformance of the ARTISTs, and enhance BSJ’s financial security by preventing andlimiting injuries. If BSJ is unable to maintain current level of programs, BSJ shallgive ARTISTs immediate notice of such change and bring the change to the JointCommittee for resolution.4) CAREER IN TRANSITION FUNDAs of 2002-2003, it is agreed that one public performance during each contract year willbe designated as a benefit for BSJ’s Dancer’s Career in Transition Fund. Each ARTISTwill contribute to the Fund, by means of a payroll deduction, one day’s wages of theperformance week (calculated as one sixth (1/6) of the total weekly compensation). Amatching amount shall be contributed by BSJ to the fund. BSJ will also appeal to theaudience of said performance for contributions to the fund. All of the abovecontributions made each contract year shall be kept and administered separate and apartfrom all general funds and shall be known as the “Career in Transition Fund.”The Career In Transition Fund shall be administered by a JointCommittee comprised of three persons known as BSJ’s Trustees who shall be theExecutive Director, the Director of Finance and one member of BSJ Governing Board ofTrustees designated by said Board, and three Artist Trustees elected by ARTISTs, two ofwhom shall be ARTISTs employed by BSJ and one of whom shall be an AGMA staffrepresentative.The Career in Transition Fund shall be a Trust Fund used for the purpose of enhancingthe efforts of BSJ to assist dancers BSJ in making career transition.29

The Trustees shall meet initially to consider and propose, rules, and regulationsconcerning the investment of the Career in Transition Fund. The Trustees shall act bymajority vote in all matters. The said rules and regulations shall provide at the discretionof the Trustees, for alternate Trustees to serve in place or stead of the Trustees in theevent of death, disability, resignation or absence.A portion of the Fund money that has been contributed by BSJ and the ARTISTs may beallocated for emergency relief for the ARTISTS. The Fund Trustees will work togethertoward establishing the conditions under which Fund money may be used in this regard.Any money that has been donated to the Fund by patrons shall not be used for emergencyrelief unless it has been specifically allocated for such use.5) PARKINGBSJ shall make parking available to each ARTIST, for each day ARTIST is required toperform or, upon presentation of a receipt, reimbursement for parking at an amount not toexceed the cost of parking at the lot located on Almaden Blvd. and Balbach St. Suchreimbursement will only be made for days when ARTISTs are called to a location other thanthe BSJ studios located at 40 N. First Street, San Jose, CA 95113.6) PERFORMANCE TICKETSBSJ will supply each ARTIST with three (3) pairs of complimentary tickets and two (2) pairsof half (1/2) priced tickets for each week of Performances per program.7) IDENTIFICATION CARDSBSJ shall provide all ARTISTs with identification cards, which will verify employment bythe Company, eligibility for complimentary tickets and shall be used for entry into anytheaters where BSJ holds performance, and as needed to the BSJ studios.30

SECTION V: REHEARSAL/PERFORMANCE CONDITIONSA. GENERAL PROVISIONS1) Company ClassBSJ shall provide ARTISTs with a Company Class as follows:a) Such class shall be part of the compensated weekly hours and begin no earlier than 9:30AM on any given morning, with the exception of workdays including a Student Matineeas defined in Section III AA, of this Basic Agreement.b) During Rehearsal Weeks, a one and a half (1 ½) hour Company Class shall be provided atthe beginning of each workday.c) During In-Theatre Rehearsal/Performance Week a one (1) hour Company Class shall beprovided at the beginning of each work day. There shall be a half (1/2) hour breakbetween the end of the class and the start of the next rehearsal. In the event that norehearsal is scheduled for that day, the class shall be one and a half (1 ½) hours long. Ifthere is only a matinee performance scheduled for the day, per Section V.A.2.a, CompanyClass shall be replaced by a Company Warm-Up. However, on this such day, theCompany Warm-Up will be required and not optional. This is to ensure that all dancersare present and properly warmed up for the performance, since Company Class was notmade available.d) At least two different teachers will teach Company Class each week. BSJ will providethree (3) alternate teachers per season to teach a minimum of four (4) Company Classeseach. A teacher may teach Company Class for a limit of only three (3) consecutiveclasses, except in the case of an emergency situation that dictates a teacher’s availability.BSJ will work with Joint Committee to continue efforts to provide additional guestteachers. Alternate teacher shall be defined as anyone who is not the AD or Regisseur.e) BSJ shall make best efforts to provide separate men and women classes as often as isreasonably possible.f) Piano AccompanimentBSJ agrees to make best efforts to provide piano accompaniment for all classes and forall rehearsals when appropriate.2) Company Warm-upa) BSJ shall provide an optional forty-five (45) minute Company Warm-up before eachperformance not immediately proceeded by a Company Class. Warm-up shall concludeno later than fifteen (15) minutes prior to the one-half hour call.b) The ARTIST shall have access to the performing space or other suitable warm-up spacewith barres at least one (1) hour prior to the starting time of any dancer activity on stage.31

3) Roll Assignmentsa) Castingb) The program of dance pieces, including complete casting, to be performed in thefollowing week shall be posted on the bulletin board no later than 2:30 PM on the Fridaybefore the last Rehearsal Week before an In-Theater Week. If BSJ does not abide by theforegoing above BSJ shall put one hundred dollars ($100) into the Career TransitionFund for each event.c) Responsibility SheetAfter the second week (2 nd ) of a five (5) week rehearsal period or the third (3 rd ) week of asix (6) week rehearsal period BSJ shall post a “responsibility” sheet which shall list eachrole of each piece scheduled to be rehearsed for such rehearsal period along with thename of each ARTIST who is responsible for learning each roled) Covers/Understudy/AlternateBSJ shall use best efforts to ensure that anyone designated as a performer orcover/understudy is notified of his/her part or cover designation during the first RehearsalWeek of that dance piece. BSJ ensures that anyone who is designated to learn a part in aballet (whether as a performer or as a cover/understudy/alternate cast) shall be notified ofhis/her designation not later than three (3) weeks prior to any scheduled performance andthe ARTIST shall be provided with adequate rehearsal time for all new or not previouslyperformed roles. Adequate rehearsal time shall be defined as two (2) rehearsal blockingsof one and a half (1 ½) hours of actual rehearsal time on the floor, for each ARTIST BSJintends to have perform. ARTIST shall assist Stage Manager in ensuring that this occursif the schedules do not appear to provide the cover/understudy/alternate time.4) Rest Spana) The first required service of an ARTIST shall not be sooner than twelve (12) hoursfollowing the end of the last preceding performance or rehearsal period in the City ofOrigination.b) During in-studio rehearsal weeks, within the first four (4) hours of rehearsal eachARTIST shall receive sixty (60) consecutive minutes Rest Time. The maximum numberof consecutive hours of rehearsal for which an ARTIST may be called is three (3) hours.Any additional consecutive rehearsal time thereafter shall be compensated at theOvertime rate outlined in Section IV B 2, of this Basic Agreement.c) During in-theater weeks, within the first four hours and three quarters (4-¾) of classand/or rehearsal each ARTIST shall receive sixty (60) consecutive minutes Rest Time.The maximum number of consecutive hours of rehearsal for which an ARTIST may becalled is four hours and three quarters (4-¾). If the ARTIST is scheduled to rehearse forgreater than this span the additional time shall be paid at the Overtime Rate outlined inSection IV B 2, of this Basic Agreement. A ninety (90) minute dinner break will be givenbetween the end of the last rehearsal and the performance call, with the exception of aNutcracker performance in which case the dinner break will be for sixty (60) minutes.32

d) ARTIST will not be required to travel to another place of rehearsal nor will costumefittings be scheduled during the one hour rest period.e) ARTISTs shall be given one 5-minute break during each one-hour rehearsal or one 10-minute break during each 90-minute rehearsal. In addition, sufficient time will beprovided for change of shoes, changing costumes, changing rehearsals and/or studiolocations.f) BSJ agrees that there shall be a minimum period of three (3) hours intervening betweenthe conclusion of any matinee performance and the commencement of the eveningperformance during which period the ARTIST may not be required to rehearse, traveland/or perform. However, there may be a two and one-half (2-1/2) hour time spanbetween performances when the total performance time from curtain up to curtain downis two and one-half (2-1/2) to three (3) hours and during NUTCRACKER seasons duringwhich the ARTIST may not be required to rehearse, travel or perform.g) ARTISTs must have one and one-half (1-1/2) hours off between rehearsals called at two(2) different studio or theatre locations if such locations are more than one-half (1/2) mileaparth) All Dress Rehearsals or rehearsals requiring make-up must include a two (2) hours restinterval prior to the on-stage call for a Dress Rehearsal.i) The ARTIST shall not be required to rehearse within the two (2) hour period prior to onehalf(1/2) hour sign-in of any performance.j) There shall be a half (1/2) hour break between the end of a Company Class given duringan In Theater Rehearsal/Performance week and the start of the next rehearsal.k) During In-Theater Weeks, all ARTIST ACTIVITY shall take place from 12 noon to 12midnight. For any ARTIST ACTIVITY that occurs before 12 noon or after 12 midnightBSJ shall compensate each ARTIST involved in such work at the overtime rate in onehalf (½) hour increments.l) BSJ shall be allowed a three (3) minute grace period at the end of a rehearsal for thepurpose of finishing the run of a dance sequence. BSJ shall insure that each ARTISTreceives the total rest span he or she is owed at all times. If such grace period is exceededthen BSJ shall compensate each ARTIST involved the Overtime rate in half (1/2) hourincrements.5. In an In-Theater Rehearsal without costume the ARTISTs may decide to shorten or cancelthe 1:00 PM – 1:30 PM half-hour break by following the below procedure:a) Delegates shall ask the appropriate BSJ staff member if such change would be possiblein advance of when such change would be implemented.b) If BSJ confirms that such a change can be made the Delegates shall convene all ARTISTsinvolved for the purpose of taking a vote.33

c) The proposed schedule change shall be implemented only if the vote is unanimous and ifthe delegates let the appropriate BSJ staff member know at least two (2) days in advanceof when such changes would be implemented.d) At no time shall a BSJ staff member approach an individual ARTIST nor should anindividual ARTIST approach a BSJ staff member regarding such options. All suchrequests shall be made through a delegate only.e) If the half hour break is changed in any way, the time slots for the rest of the day’sschedule shall be moved up to reflect such change without changing the amount of timeallotted for each activity in any way.f) BSJ will offer two (2) warm-ups on each two (2) performance day of In-Theater Week,all ARTISTs are required to attend at least one (1) of the two (2), but they have the optionof selecting which warm-up to attend. On a matinee only day, where no rehearsal orCompany Class is scheduled, and only one (1) Warm-Up is offered, that Warm-Up shallbe required for all ARTISTs.B. REHEARSAL CONDITIONS1) General(a) Any rehearsal may be called, counted, and compensated for in one-half (1/2) hourincrements.(b) Compensation for rehearsals shall commence from the time of the scheduled call for suchrehearsals and conclude at the time of the actual dismissal.(c) Two Rehearsals at the Same Time - BSJ agrees not to schedule rehearsals, which requirean ARTIST to be available for any two (2) rehearsals occurring at the same time. Uponnotification of any scheduling error, BSJ will correct the error and determine whichrehearsal the ARTIST shall attend.(d) At no time will any ARTIST be required to attend a scheduled rehearsal for which thereis no one formally designated to run it.(e) When rehearsal is designated to be run by an ARTIST, that ARTIST may not alter thetime, scheduling, or location of said rehearsal without prior request to and approval fromBSJ. Only Artistic Director or Regisseur can make such an approval.(f) When BSJ is preparing a world or Company Premiere, should the schedule as writtenprove inadequate for the artistic demands of said premiere, the Artistic Director may,after notifying ARTIST’s representatives, alter the rehearsal times or casting providedthat notice of said change is posted no later than 2:30 PM on the day preceding theactivity to be changed. This will only be allowed for the first five (5) days of rehearsalsof said premiere.34

2) Rehearsals during Rehearsal Weeksa) During Rehearsal Weeks the ARTIST may be called upon to rehearse not more thanthirty-five (35) hours per week including company class and not more than seven (7)hours including company class in any one (1) day. This arrangement will generally occuras reflected below:9:30-11:00 Company ClassBreak – 11:00-11:10 AM Break11:10-1:30 Rehearsal Time (includes 10 minutes of appropriate break time)1:30-2:30 Lunch Break2:30-5:30 PM Rehearsal Time (includes 15 minutes of appropriate break time)b) The parties understand that the exact arrangement as set forth above may not occur ineach and every rehearsal day during a rehearsal week, however, any alterations to thegeneral paradigm as set forth in this Section shall respect rest spans and maximumamount of consecutive artists activity that can be scheduled without a rest span and allother relevant Sections of this Basic Agreement. Emergency situations or any otherexigent circumstances shall not justify BSJ’s non-compliance with this Section.c) Any rehearsal may be called, counted, and compensated for in one-half (1/2) hourincrements. If the ARTIST is dismissed from rehearsal and is called for further rehearsalwithin one (1) hour of the time of such dismissal, then such intervening time betweendismissal and recall shall be counted as if the ARTIST had rehearsed.d) In the event that the ARTIST is called to rehearse at any time during a Free Day asdefined in Section III P, of this Basic Agreement, the ARTIST shall receive a ECApayment in addition to their hourly rate of pay, as per Section IV B 3, of this BasicAgreement for a minimum call of two (2) hours, unless that week has been converted to atheatre-pay week allowing for activity on a sixth day for the enhanced pay rate. ARTISTsshall be notified of such a change no later than one (1) week prior to such a change.e) The ARTIST may not be required to rehearse sooner than twelve (12) hours following theend of the last preceding rehearsal period. If the ARTIST is required to rehearse withinthe twelve (12) hour period, he/she shall for each applicable half (1/2) hour receiveOvertime as outlined in Section IV B 2, of this Basic Agreement in addition to his/herweekly rate of pay. During rehearsal weeks, BSJ recognizes and agrees to maintaincurrent practice as follows: Class and all rehearsals shall fall between 9:30 AM and5:30PM.f) The daily work span for Rehearsal Week shall be no more than eight (8) consecutivehours including lunch break.3) Rehearsals during Performance Weeks(a)(b)The ARTIST may be called upon to rehearse during each Performance Week withoutthe payment of additional compensation provided that:The ARTIST shall not be required to rehearse in excess of four (4) hours and fortyfive(45) minutes including Company Class and a one-half (1/2) hour break betweenrehearsal and performance, on a performance day.35

(c)In-Theatre Rehearsal/Performance weeks shall generally conform to one of thespecific scenarios set forth below:(i) In-Theater Rehearsal DaysRehearsal Day12-1:00 PM Company Class1:00-1:30 PM Break1:30-4:45 PM Rehearsal Time (includes appropriate break time)4:45-5:00 PM Undressing Time5:00-6:00 PM Dinner Break6:00-6:45 PM Optional Dancer warm-up7:00-7:30 PM ½ Half Hour7:30 -11:45 PM Rehearsal Time with appropriate breaks11:45-12:00 AM Undressing TimeDress Rehearsal Day12-1:00 PM Company Class1:00-1:30 PM Break1:30-4:30 PM Rehearsal Time (includes appropriate break time)4:30-4:45 PM Undressing Time4:45-6:00 PM Dinner Break6:00-6:45 PM Dancer optional warm-up7:00 PM Half Hour Call7:30- 11:45 PM Rehearsal Time with appropriate breaks11:45-12:00 AM Undressing Time(ii) In-Theater Performance DaysIn-Theater 7:30 PM Performance Day12-1:00 PM Company Class1:00-1:30 PM Break1:30-4:45 PM Rehearsal Time (includes appropriate break time)4:45-5:00 PM Undressing Time5:00-6:00 PM Dinner Break6:00-6:45 PM Optional Dancer warm-up7:00 PM Half Hour Call7:35-10:50 PM Performance Allowancefifteen minutes Undressing TimeIn-Theater 8:00 PM Performance Day12-1:00 PM Company Class1:00-1:30 PM Break1:30-4:45 PM Rehearsal Time (includes appropriate break time)4:45-5:00 PM Undressing Time5:00-6:30 PM Dinner Break6:30-7:15 PM Optional Dancer warm-up7:35 PM Half Hour Call8:05-11:20 PM Performance Allowancefifteen minutes Undressing Time36

Two (2) performance day (7:30 PM evening performance)12-12:45 PM Optional Dancer Warm-Up*1:00-1:30 PM Break/Half Hour Call1:35-4:50 PM Matinee Performance Allowance(fifteen minutes undressing time)5:05-6:00 PM Dinner Break6:00-6:45 PM Optional Dancer warm-up*7:00 PM Half Hour Call7:35-10:50 PM Performance Allowancefifteen minutes Undressing Time*ARTIST must attend one (1) of the two (2) warm-ups provided.Two (2) performance day (8:00 PM evening performance)12-12:45 PM Optional Dancer Warm-Up*1:00-1:30 PM Break1:35-4:50 PM Matinee Performance AllowanceFifteen Minutes Undressing Time5:05-6:30 PM Dinner Break6:30-7:15 PM OptionalDancer warm-up*7:30 PM Half Hour Call8:05-11:20 PM Performance Allowancefifteen minutes Undressing Time*ARTIST must attend one (1) of the two (2) warm-ups provided.Two (2) performance day (Student Matinee)9:00-9:45 AM Optional Dancer Warm-Up*10:00-10:30 AM Break/Half Hour Call10:30-1:45 PM Matinee Performance AllowanceFifteen minutes Undressing Time2:00-6:30 PM Break6:30-7:15 PM OPTIONAL Dancer warm-up*7:30 PM Half Hour Call8:05-11:20 PM Performance Allowancefifteen minutes Undressing Time*ARTIST must attend one (1) of the two (2) warm-ups provided.Two (2) Student Matinee day8:30 –9:15 AM Required Dancer Warm-Up9:30 AM Half Hour Call10:00 – 11:00 AM First (1 st ) Student Matinee Performance Allowance11:00 –11:30 AM Break11:30 AM – Half Hour Call12:00 PM-1:00 PM Second (2 nd ) Student Matinee Performance AllowanceFifteen minutes Undressing TimeThe will be no other Artist Activity scheduled on such days.One (1) Performance Day (Matinee Only)12-12:45 PM Required Dancer Warm-Up1:00-1:30 PM Break/Half Hour Call1:35-4:50 PM Matinee Performance Allowance37

(fifteen minutes undressing time)(d) The parties understand that the exact arrangement as set fort above may not occur ineach and every day during an In-Theatre Rehearsal/Performance week, however, anyalterations to the general paradigm as set forth in this Section shall respect rest spansand maximum amount of consecutive artists activity that can be scheduled without arest span and all other relevant Sections of this Basic Agreement. Emergencysituations or any other exigent circumstances shall not justify BSJ’s non-compliancewith this Section.(e) No rehearsal shall be permitted following matinee performances.(f) None of the above schedules set-forth herein preclude BSJ’s responsibility tocompensate the ARTISTs any Overtime or ECA fees such a schedule might incur.C. PERFORMANCE CONDITIONS1) Maximum Number of Performancesa) The ARTIST may be required to take part in no more than eight (8) performances perweek in the City of Origination. If the ARTIST shall be required to take part in morethan eight (8) performances in any Monday through Sunday week in the City ofOrigination, he/she shall be paid not less than one-sixth (1/6th) of his agreed-uponweekly compensation for each such additional performance. For the purpose ofcalculating number of performances in a week each Student Matinee Performance shallequal one-half (1/2) of a Performance.b) No ARTIST shall be required to perform in more than two (2) full performances per day.c) Each ARTIST shall receive in each Performance Week one (1) Free Day as definedherein.d) Closing Time of PerformanceBSJ agrees that in the event a performance shall be concluded after 11:30 PM or if theperformance exceeds three (3) hours and fifteen (15) minutes length from Curtain Time,each ARTIST shall be compensated at the rate of one-half the hourly Overtime Rate foreach half-hour or fraction thereof during which the ARTIST is required to perform after11:30 PM or in excess of (3) hours and fifteen (15) minutes from five (5) minutes pastadvertised Curtain Time or the beginning of the music of the first (1st) dance piecewhichever occurs first.e) Intermissions/Pauses(i) No rehearsals, walk-throughs, bows or notes, stagings or spacing will occur duringany intermission or pause between pieces unless requested by an ARTIST or in anemergency situation.(ii) Intermissions shall be no less than fifteen (15) minutes in length. Pauses shall be longenough to accommodate whatever ARTIST(s) may need in order to prepare for thefollowing piece (e.g., costume, hairstyle or make-up change).38

f) Dressing Rooms - BSJ will arrange for adequate dressing rooms to include dressing andseating space and bathroom facilities for all occupants.g) During each In-Theater Week, BSJ shall provide at least two (2) licensed massagetherapists or physical therapists for no less than four (4) hours each day, whether suchday is a Performance or Rehearsal Day. BSJ may consider using an unlicensed massagetherapist with AGMA’s approval. In such a case BSJ and AGMA shall discuss theprocess by which this would occur. BSJ shall schedule these four (4) hours within thefollowing hours: From 9AM-12PM and/or from 5PM to the designated theater closingtime or 11:30PM whichever is earlier. BSJ will schedule time before class wheneverpossible. In addition to the work day hours set forth herein, BSJ may also schedule suchhours to occur on Free Days.D. POSTING OF SCHEDULES1) A callboard shall be provided in each place where rehearsals are regularly scheduled, and allnotices concerning rehearsals shall be posted thereon. BSJ also shall maintain for the benefitof the ARTISTs an online posting of the schedule or a telephone recording if the onlineversion is not available.2) During all Rehearsal and Performance Weeks the complete and detailed individualARTIST’s schedule shall be posted by 2:30 PM two (2) working days (including the day thatthe schedule is posted) in advance of the rehearsal. Therefore, by way of example, BSJ shallpost Wednesday’s rehearsal schedule by Monday at 2:30 PM and shall post Monday’srehearsal schedule by Thursday at 2:30 PM.3) If BSJ does not abide by the foregoing (a) and (b) above, or a part thereof, the ARTIST shallbe exonerated for any lateness or missing of rehearsals occasioned thereby and BSJ shall putone hundred dollars ($100) into the Career Transition Fund.E. COSTUMES, WIGS, SHOES AND MAKE-UPBSJ agrees to supply the ARTIST with all costumes, wigs, hair coloring, shoes, body make-up,and any special make-up and accessories for character roles, and all costume accessories (i.e.,jewelry, fans, and so forth with the exception of small rhinestone earrings, which ARTISTs maybe asked to supply) prior to performances and rehearsals in which such items are required.1) ShoesBSJ will provide shoes for each ARTIST to use during all classes, rehearsals, andperformances for the duration of ARTIST's engagement with BSJ.ARTIST is responsible for selecting the pointe shoes and ballet slippers that BSJ willpurchase on ARTIST's behalf, and will do so in writing upon signing an Individual Artist'sContract for Employment.ARTIST may change their shoe selection by resubmitting a written request to BSJ.However, ARTIST must first use up all shoes already in his or her inventory, as well as39

orders that have been placed but cannot be cancelled, before receiving shoes from the neworder. BSJ will make best efforts to cancel unfulfilled orders and/or return unused inventoryfor refund.ARTISTs acknowledge that it is a lengthy process for BSJ to procure special order pointeshoes and ballet slippers, and that even stock shoes can take a long time to obtain. ARTISTsfurthermore acknowledge that BSJ needs to keep sufficient stock of shoes on hand or onorder to meet the ARTIST’s expected needs. "Sufficient stock" will be determined by BSJon a case-by-case basis, considering the ARTIST’s history of shoe usage, the repertory to beperformed, and the difficulty of obtaining each ARTIST’s preferred shoes.In the event that ARTISTs preferred shoes are delayed or cannot be procured by BSJ forreasons beyond the control of BSJ or ARTIST, the ARTIST must agree to a shoe that BSJcan procure in a timely fashion until the preferred order arrives or a new shoe selection isreceived.Notwithstanding the above, ARTIST will not be required to wear incorrect, defective orpotentially injury causing shoes.At ARTIST’s request, BSJ will meet with AGMA to discuss resolving any challenges suchARTIST is experiencing with shoes including but not limited to insufficient supply.2) Performance and Rehearsal Accessoriesc) During each ARTISTs first week of employment, BSJ shall provide ARTISTs with thefollowing dance wear for his or her personal use during rehearsals:(i) All ARTISTs:three (3) new pairs of tights(ii) Each female ARTIST: two (2) leotards of her choice(iii)Each male ARTIST:three (3) dance belts of his choiced) In addition for Performances, BSJ shall provide each female ARTIST with tights, dancetrucks, and g-strings, and each male ARTIST with dance belts, t-shirts, and socks asneeded. All such items designated for Performance shall not be taken out of the theater atany time.e) If BSJ request ARTIST to purchase his/her own items, BSJ shall reimburse a monetaryequivalent.3) Costumes(a) Cleaning and Maintenance(i)BSJ agrees ARTIST’s costumes will be cleaned at the beginning of each contractyear and after fifteen (15) wearing of each costume thereafter. BSJ agrees tolaunder all washable performance items (e.g. tights, trunks, dance belts, unitards,and any clothing items that do not require dry-cleaning etc.) after eachperformance or rehearsal for which ARTIST is required to wear a costume or anyportion of a costume. If no costumes are required, upon request, ARTISTs willmake best efforts to wear rehearsal clothes of a similar color to the applicablecostume worn for pieces being rehearsed during any rehearsal for which lightingis being determined At no time shall any ARTIST be required to wear any tights,40

dance trunks, dance belts, t-shirts or g-strings that have previously be worn byanyone else.(ii)(iii)BSJ shall supply each ARTIST with non-allergenic wigs, beards, hair pieces,including adhesives, and/or costume jewelry that is required by BSJ to be worn bythe ARTIST in any dance piece as well as socks necessitated by the costumes,which are to be distributed no later than one-half (1/2) hour prior to theperformance.In the event an ARTIST is requested to utilize his/her own wardrobe (i.e. streetclothes, not dance clothes) for rehearsals and performances, BSJ agrees tocompensate each ARTIST $10.00 per rehearsal and per performance in additionto any liability for damaged garments.(b) Costume Fittings(i)(ii)(iii)(iv)(v)Costume fittings may be counted in fifteen (15) minute increments. Fittings mayonly occur during work span. Should there be any infringement on the 4th ormore consecutive hour; the ARTIST shall receive ECA payment as per Section IVB 3, of this Basic Agreement.BSJ agrees that any additional hours or fraction thereof spent by the ARTIST forcostume fittings above those provided for in the preceding subparagraph shall beconsidered rehearsal time and compensated as provided in Sections IV B 2, of thisBasic Agreement. Costume fittings may be called, counted and compensated forin fifteen (15) minute increments.If the ARTIST is called for costume fittings on the ARTIST’s Free Day, such callwill be for not less than two (2) hours for which the ARTIST shall receive ECApayment in addition to normal hourly rate of pay, as per Section IV B 3, of thisBasic Agreement.No costume fitting shall be permitted on a two (2) performance day, unless theARTIST receives an ECA payment in addition to ARTIST’s normal hourly rate ofpay, as per Section IV B 3, of this Basic Agreement, with a one (1) hourminimum call guaranteed.If an ARTIST who is not participating in a rehearsal at the time of the fitting,misses a fitting which has been posted on the schedule as outlined herein, withoutbeing excused, BSJ may deduct one (1) block of time from such ARTIST’sallotment of sick leave as set forth in Section IV. E. 2. a. iii. of this agreement.41

SECTION VI. PUBLICITY/PROMOTIONAL MATERIALA. PUBLICITYWhile ARTISTs are under contract all publicity is controlled by BSJ. ARTISTs shall cooperateby providing publicity information to BSJ. ARTISTs shall not communicate with the mediaabout work related subject matter without coordinating with BSJ. During the ARTISTs firstweek of employment, the ARTIST will provide his/her own biography (including stage name) toBSJ. Subject to BSJ’s limitations on typeface, space, and presentation, all changes and the finalform of an ARTIST’s biography must be approved by the ARTIST. BSJ will present to theARTIST any proposed changes to the ARTIST’s biography and the ARTIST must respondwithin two (2) working days. If the ARTIST does not, BSJ and AGMA will consider theproposed changes approved. No other ARTIST-requested changes, other than for correction ortypographical errors, will be made during the contract year unless ARTIST is willing to assumeprinting production costs.B. PROGRAM LISTING/PUBLICITY MATERIALBSJ shall have listed in the program distributed to the audience, or on a reader board in the mainlobby, or have announced to the audience, the names of all ARTISTs. BSJ shall list in all printedand publicly available materials a complete roster of all ARTISTs clearly identified separately asfollows: Company Members, Guest Artists and Apprentices. Any other individual who mightparticipate in a performance as outlined in Section I D, of this Basic Agreement (e.g. Student,Super) whose names may be included in such written material mentioned within this paragraphshall be identified and listed separately from ARTISTs. BSJ shall place the following phrase intoeach and every program: “Artists appear courtesy of the American Guild of Musical Artists,A.F.L.C.I.O.”In the event changes (other than corps dance roles) occur in the cast, a program insert or readerboard, or announcement (unless specifically not requested by the ARTIST) shall be made to theaudience. If BSJ fails to comply, ARTIST shall be compensated fifty dollars ($50.00).C. FILMING, BROADCASTING, TELEVISION, ETC.Except as provided below, BSJ shall not videotape, film, broadcast, record or digitize, includingmarketing for video cassettes and/or televise, with the exception of in-theater closed circuittelevision, any performances, rehearsals, concerts or engagements in which the ARTIST appearsby wire, wireless, radio, telephone wireless process or any motion picture, recording,mechanical, electrical, or digital, or telephone device now in use or hereafter developed or anycombination of such devices.Any and all films/videotapes made under this paragraph may not be distributed, publiclyperformed, or used for commercial purposes, theatrical exhibition or any other purpose otherthan specifically provided herein. In the event BSJ violates any of the provisions containedherein or such videotapes or films are used by any person or corporation or organization otherthan BSJ for any purpose whatsoever, BSJ agrees that it will compensate all members of AGMAappearing in such film at the appropriate rate of compensation and conditions of the unionhaving jurisdiction over such use. Nothing herein shall operate to relieve BSJ of ultimateresponsibility for the safe keeping of the tapes or films and for the proper use thereof as providedin this Basic Agreement except as provided for below.42

1) Archival/Study Tapesa) TapingAll time spent in such recording shall be considered as rehearsal or performance time andpaid for at the appropriate rate contained in this Basic Agreement.b) Distribution to ARTISTsi) ARTISTs may acquire copies of archival/study videotapes of dance pieces for whichBSJ is able to obtain full and complete permissions from other parties whose work ispresented on such videotapes (choreographers, musicians, et al). It is further agreedthat such copies are for the personal documentation of ARTIST’s work only and thatsuch copies will not be used by ARTISTs or anyone else for restaging or for sale.ARTISTs shall not make any copies of said tapes, nor cause or allow any copies ofsaid tapes to be made. ARTIST shall furnish BSJ with blank cassette(s) and copies.ii) ARTISTs exiting employment with BSJ, upon request, shall be given videodocumentation of their career compiled from ballet videos for which BSJ is able toobtain choreographer’s consent for such purpose of up to thirty (30) minutes in totallength. Such videotapes shall include no more than three (3) minutes of each balletselected by the dancer and the dancer shall cue up the appropriate tapes so that theproduction department can make the copy. This tape will include the appropriatedistortions so that the tape may not be duplicated.2) Filming of Performance or Rehearsal for Television News ReleaseBSJ may cause or allow a television crew to film or tape a portion of a rehearsal orperformance or make a film or tape available for release on a domestic local newscast or a“magazine format,” “hard,” or “soft” news program without additional payment toARTISTs, under the following conditions:a) Notice will be given to AGMA delegate(s) and Representative at least one (1) week priorto any filming or taping, and in any event as much in advance of the actual filming/tapingas possible.b) At least twenty-four (24) hours’ advance written notice must be given to the AGMAdelegate(s) and Representative prior to the actual filming/taping. Such notice shallinclude the producer/broadcaster, the nature of the foreseen use of any footage and exacttime 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 the ARTISTs, person, imagesand/or voices shall be used on a Local Newscast.e) In addition to news coverage of segments up to three (3) minutes in length, up to fifteen(15) minutes of the taped/filmed segments may be used on “magazine-format” programs.However no ballet may be shown in its entirety. The same protections against misuseapply as in “archival/study” filming/videotaping.43

f) No payment for the performers shall be required, provided no payments are made to anyother personnel employed in the production.g) The three (3) minute news clip and the balance of the filmed/taped sequence shall bereturned to BSJ for safekeeping after its use. Certification shall be given to AGMA thatthis has been done. BSJ shall insure that no producer/ broadcaster, news agency and/ ordocumentary organization maintains any tape/ film footage of any ARTIST in theirarchives.h) If there is any violation of any of the above listed regulations, or if the news clip is usedor taken in any manner other than hereto expressly authorized, the appropriate rates andconditions of SAG or AFTRA, whichever medium is used, shall prevail.i) Videotaping for promotional tapes may take place during a regular rehearsal,performance or a call specifically for the purposes of such taping. All time involved insuch taping shall be considered “called time” and the provisions of this Basic Agreementrelative to rehearsals/performance conditions, hours available and rest breaks shall apply.j) Promotional videotapes may be distributed, played and broadcast without restrictionproviding the total airtime for any one ARTIST does not exceed ninety (90) seconds andno ballet is shown in its entirety.3) Commercial Recording/Side letterShould BSJ intend to make an audio/visual record, on tape, film, in a digital medium or anyother medium for commercial use (e.g. PBS Broadcast, Videotape, DVD, Internet Streaming,etc.) BSJ shall notify the AGMA delegate(s) and Area Representative in writing, at leastsixty (60) days prior and shall negotiate in good faith for a separate specific agreementregarding such recording. BSJ recognizes AGMA as the Exclusive Bargaining Agent for allARTISTs for the purpose of negotiating any such side letter agreement.D. PHOTOGRAPHY1) No photo calls shall be permitted on a two (2) performance day, unless the ARTIST receivesan ECA payment as per Section IV B 3, of this Basic Agreement, with a one (1) hourminimum call guaranteed.2) BSJ agrees that if it shall require any ARTIST to pose for photographs of regular dancepieces for the purpose of publicizing and advertising performances of BSJ, that ARTISTshall receive at least twenty-four (24) hours notice of such photographing, and suchphotography or waiting time shall be compensated for at the appropriate rehearsal rates.3) If the ARTIST is required to pose for photographs on a Free Day, such call will be for notless than two (2) hours for which the ARTIST shall receive an ECA payment as per SectionIV B 3, of this Basic Agreement.4) Individual pictures used in souvenir booklets shall be mutually acceptable to the ARTISTand BSJ. ARTISTs' names shall appear along with all solo and duo photos on BSJ brochuresand publicity materials.5) All photos which are used for publicity purposes in any document which is solely underBSJ’s control which have three (3) ARTISTs or less must be approved by the ARTISTs44

involved and shall carry the line: "Please credit Dancers - (Dancers' names)". If ARTISTsfail to show-up upon request to approve photographs, BSJ shall consider said photographsapproved without the consent of the ARTIST. If violated ARTIST shall receive fifty($50.00) Dollars.6) Photographs or other reproducible likenesses of ARTISTs paid for by BSJ may be used onpromotional items offered for sale to the public which promote the name of BSJ, the name ofthe ARTIST or the art form of dance. Such items or likenesses may not be licensed to thirdparties without written consent of ARTISTs.7) When headshots are needed, BSJ photographer will take photos of each ARTIST in need of aheadshot. Each ARTIST will then be allowed twenty (20) minutes, on paid time, to reviewthe photos and select their headshot, on a dedicated computer, in a private location at BSJstudios.8) It is agreed that photographing, including waiting time, make-up time and travel incidentalthereto, will be counted as rehearsal time and, if applicable, the appropriate overtime rateshall be paid to the ARTISTs.9) Unless ARTISTs are notified on official company callboard pertaining to "officialphotographers", under no circumstances will photographers be permitted on stage, in thewings or any corridors leading to the stage. This prohibition shall apply in all theaters wherethe ARTISTs perform.10) BSJ agrees to use the form hereinafter referred to as Exhibit "1" in order to protect the rightsof the ARTISTs and BSJ.11) BSJ agrees to enter into an agreement with photographers regarding the taking ofphotographs of ARTISTs with the intent of protecting the rights of BSJ and the ARTISTs.12) Photographs used in any place, such as, by way of example but not limited to Web sites, theInternet, or for any commercial purpose, theatrical exhibition or any other purpose will not bealtered in any manner without approval of the ARTIST.13) All ARTISTS shall be given a minimum of thirty (30) minutes to prepare for a photo-shoot.45

IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date first above setforth.AMERICAN GUILD OF MUSICAL ARTISTsBALLET SAN JOSEBy:______________________________Date:____________________________By:_________________________________Date:_________________________________IN THE PRESENCE OF:IN THE PRESENCE OF:__________________________________________________________Date: _____________________________Date:______________________________________________________________________Delegate______________________________________Delegate46

EXHIBIT "1"AGREEMENT between the _______________________located at______________________________, hereinafter called the Company and_________________________, hereinafter called the Photographer, dated this ___________ day of__________, 20 ___.Whereby it is mutually agreed that the Company will admit the Photographer to the premises of the________________Theater under the following conditions:1. The Photographer agrees that any photographs taken in the _______________Theaterwill be used only for purposes of the Company's publicity, in newspaper, souvenir books, houseprograms or other publicity uses designated by the Company.2. The Company agrees to compensate the Photographer for any photographs ordered orused by the Company at a rate to be mutually agreed upon.3. The Photographer agrees to submit all photographs of principal and soloist dancers toboth the dancer involved and the Company for approval.4. This agreement relates only to BSJ’s publicity uses and no rights for any commercial useof any photograph taken in the ______________Theater are granted herein to the Photographer.For the purposes of this paragraph, the sale of a photograph of said dancer shall not constitutecommercial use.In witness whereof the Company and the Photographer have affixed their signatures below:____________________________ ________________________________Photographer(Dance Company)47

Health and Safety Regulation AddendumAGMA and BSJ share a common interest in the health and safety of the ARTISTs. It is BSJ’sresponsibility to provide a safe and healthy workplace and it is the ARTIST’s responsibility to work in asafe manner. Any Employee BSJ or AGMA on the scene has both the right and the obligation to bringany potential hazards to the attention of BSJ.The following list is presented for the purpose of informing the ARTISTs of the standards, which theymay expect, and to provide guidelines for the prevention of harmful situations. The ARTISTs shallnotify BSJ of any potentially dangerous situations by contacting the designated AGMA delegate(s) orArea Representative or Stage Management Staff or Human Resources as soon as possible. BSJ shallimmediately address any situation that poses imminent danger and shall, if necessary consult the JointCommittee in order to develop long term solutions to hazardous situation.A. General1) All rehearsal, performance, and dressing room areas, lavatory and toilet facilities shall bemaintained in a clean and sanitary condition and wet mopped and vacuumed regularly whenin use by Artist, with toilet, lavatories and showers sanitized regularly.2) BSJ shall provide for the extermination of rodents and insects when their presence is evident.3) In each theater where the ARTISTs shall perform there shall be one chair and mirror spaceper Performing ARTIST in each dressing room, as well as reasonably accessible toilet andwashing facilities backstage for both men and women.4) If hot water and shower facilities are not available, body make-up will not be required.5) All scenery shall be designed or modified, where necessary to include such safety measuresas handrails, luminous paint, etc. and such safety measures shall be present whenever suchscenery is used by ARTIST. Where not possible, AGMA shall be notified prior to the firstrehearsal or performance where such safety measure(s) are not present.6) All steps, ramps and platform edges and passageways, as well as on any wires or cordscrossing those passageways shall be visibly marked.7) BSJ agrees to make every effort to insure that all exits and passageways from theperformance are of the stage shall be free of scenery or any other obstruction at all times.8) Ice and first aid kits stocked with adequate supplies shall be available and easily accessible atall times to ARTISTs.9) BSJ shall prepare an evacuation plan, which shall be posted in appropriate places. AllARTISTs shall be assigned a “meeting place” to which they should go in the case of anevacuation of the building. All ARTISTs will be Informed of all emergency exit routes fromthe stage, or any out of house rehearsal/performance facility, at that ARTIST’s first rehearsalin that location.48

10) No ARTIST shall be required to rehearse or perform in any situation in which any substance,fabric, or other material, when worn, used be the ARTIST directly, or disseminated into theair, is deemed to be toxic or allergenic be the manufacturer or any government agency, or towhich an ARTIST has an allergic reaction.11) The choreography of the dance pieces to be performed shall be modified to adapt to theexiting physical limitations for all lecture/demonstrations, fund raising or similar events,which could endanger the ARTIST. BSJ must provide a resilient linoleum dance surface forall aforementioned events when available.12) No ARTIST shall be required to dance on a floor of concrete, marble or any similar materialor on any surface laid directly over such floor, which does not provide the appropriateairspace between such floor and the dance surfaces to provide for adequate spring. Adequatespring shall be defined as visible flex throughout the surface when pressure from jumping isapplied.13) No ARTIST shall be required to dance on a floor with an irregular or uneven surface.14) Point-work shall only be required on a non-slick, smooth surface, which does not containwarps or bumps. Should the floor contain any flaws deemed hazardous by AGMA, BSJ shalldesignate maintenance work to be done within one week of the report. If timely repair is notpossible for any reason, BSJ will meet with AGMA and or Joint Committee to agree upon aprocedure to insure ARTISTs’ safety.15) ARTISTs including Alternates who are performing shall be given an opportunity to rehearseon the actual set with all obstructions, with best efforts to include props and lighting, as earlyas possible, and at least once before any given performance.16) All theaters, which are used by the company, must have an adequate warm-up space notincluding the stage itself in which the ARTISTs may prepare for rehearsals andperformances. Adequate space shall be defined as a large enough space to accommodatebarre movement that is equipped with barres, a clean and appropriate dance floor and a roomtemperature of, at least, sixty-eight degrees Fahrenheit (68 ° F). BSJ will make best efforts tomaintain rehearsal and theater space including dressing rooms at no less than 68 Degrees.BSJ will meet with Joint Committee for the purpose of securing adequate space in allprospective venues.17) BSJ shall transport or provide enough ballet barres in any rehearsal or performance space sothat the entire company has space to take class as well as warm-up.18) Adequate bottled or reverse osmosis filtered water must be supplied for all rehearsals andperformances.19) Artists will not be required to rehearse or perform when the temperature drops below sixtyeightdegrees Fahrenheit (68° F) or exceeds eighty-eight degrees Fahrenheit (88° F) in theplace of rehearsal or performance. It will be BSJ’s responsibility to cancel the rehearsal orperformance. The performance or rehearsal may continue with AGMA’s approval.20) EMPLOYER shall engage a security guard for the front door of the Ballet San Jose building any dayin which ARTISTs are required to be on-site starting from 8AM in the morning until the end of thelast call for the day.49

21) EMPLOYER shall make showers available to all ARTISTs by the end of the term of the contract.B. Hazardous Substances1) BSJ shall use its best efforts to insure that all performance and rehearsal spaces are free fromknown toxic or hazardous residue or contaminants that are recognized as health or safetyhazards, including to the extent practical mold and dust. BSJ shall not introduce or permitthe introduction of any substance or a higher concentration of any substance than permittedby applicable state and federal statutes and regulations and should comply with all applicablemandated procedures with respect to toxic and hazardous substances.2) The MSDS certificate for all fog or smoke effects used in any production will be available,and said effects will not be used in any manner which could be injurious to any ARTIST.BSJ will make best efforts to insure that all conduits and pipes employed to create fog orsmoke effects shall be clean and free of mold, mildew, and/or other contaminants.3) Parties recognize that certain Artists may be or become sensitive to glycol-based and Oilbasedsmoke and fog special effects products.4) No Artist shall be financially penalized in any way because of such sensitivity. BSJ willadvise all Artists of the specific products to be used in a production at least two (2) weeks(as soon as possible for a premiere) in advance and will make its best efforts to accommodateany Artist who so requests.5) Further, within one contract year of the date of this Basic Agreement, BSJ in conjunctionwith AGMA shall present a safety and health training session of a reasonable length to covernecessary material, about smoke and fog products. All Artists shall be required to attend, andany students who have appeared in a production within the preceding six months shall beinvited to attend, with their parents if they so desire. Such training will include informationabout the specific health risks faced by Artists under 18, asthmatics, etc. as set forth inmanufacturer’s specifications. AGMA staff shall be present and may participate inconducting this training and AGMA may also include any experts of its choice to alsoparticipate.6) BSJ shall not use any such products except in venues with modern, adequate ventilationsystem(s) to remove the chemicals.7) BSJ recognizes that AGMA has the right to inspect any machines to be used to producetheatrical smoke and fog, to have an industrial hygienist examine the conditions in whichsuch products are used and to determine their effects, if any, on Artists.8) BSJ agrees to follow all manufacturers’ instructions regarding the use of theatrical smokeand fog and agrees to only use products in the machines and at a temperature as set forth bythe manufacturer.9) BSJ shall not use pyrotechnic effects, such as propane, within 20 minutes of use of theatricalsmoke and fog (i.e. any substance dispersed in the air other than CO2 from dry ice and steamas defined below, including but not limited to Glycol and oil-mist).50

10) Any steam produced to create theatrical effects shall be produced with clean water, i.e. notboiler water or any other water from a source other than tap or bottle, and shall not introduceany biocide or other chemical agents into the clean water used to produce steam. BSJ agreesto meet and confer with AGMA before each use of any smoke and fog products if sorequested by AGMA11) In recognition of the fact that some smoke and fog effects are proven to be harmful toARTISTs, BSJ and AGMA agree to meet in good faith within the term of this BasicAgreement to review ways in which BSJ may insure healthy use of smoke and fog effects atany facility utilized by BSJ which is as follows.C. Supervision of childrenNo children shall be unsupervised at any time or permitted in production areas, hallways orcorridors, except as necessary to fulfill their performance obligations.D. Makeup1) All makeup and makeup adjuncts shall comply with all regulations of the Federal DrugAdministrator2) BSJ will instruct all makeup artists employed to take all necessary steps to avoidcontamination between ARTISTs, including possible contamination from utilizing the samewater when applying makeup on more than one ARTIST.E. Costumes, Shoes, and Wigs.All costumes, costume accessories, shoes and wigs will be supplied by BSJ.1) BSJ will supply kneepads for any ARTIST who is required to kneel in rehearsal and, whenpossible, for performance.2) Before being worn by ARTIST for the first time, all costumes and wigs shall be cleaned. Alllinens, T-shirts, stockings, tights, etc. (all washable items) shall be washed. Any item wornnext to the skin shall be washed prior to each rehearsal or performance.3) No ARTIST shall be required to wear undergarments previously worn by another ARTIST.4) No ARTIST shall be required to wear tights or trunks, which have not been cleaned ordisinfected.5) BSJ provides shoes, including but not limited to rehearsal shoes, which are satisfactory toeach ARTIST. BSJ will make best efforts to provide performance shoes one (1) week prior tothe first performance of each ballet.F. Weapons SafetyBSJ agrees that whenever a production requires the use of firearms, swords, knives, (hereinknown as “weapons”) or other props used as weapons, the following rules shall apply:51

1) BSJ shall have first provided said ARTIST with thorough, expert instruction in the use ofsaid weapon by a person with specific expertise, training on this weapon. Such designation ofexpertise shall be noticed to Joint Committee with sufficient time to review.2) No ARTIST shall be required or permitted to handle any weapons in either rehearsal orperformance until such ARTIST feels confident that they have received adequateinstructions.3) All such shall be in the possession of the designated expert when not actually in use duringrehearsal or performance. At no time shall the designated expert or the ARTIST leave suchweapon unattended.4) At the conclusion of the scene, all such weapons shall be returned to and unloaded by thedesignated Expert.5) Maintenance and loading of such weapons shall be done only by the designated expert.6) The regulations listed herein above pertaining to the safe use of such weapons shall apply toanyone who appears on the stage with such a weapon, whether or not that person is under thisBasic Agreement.7) All such weapons will be thoroughly inspected, cleaned and inventoried at the end of eachrehearsal and performance.8) It is agreed that at the commencement of the first rehearsal involving coordinated movementof such weapons, performance tempos shall be modified to facilitate a proper warm-up andorientation prior to rehearsing at a performance-level tempo.9) At the conclusion of the scene, all such weapons shall be returned to the Property Departmentfor safekeeping.10) During a performance on which a coordinated movement of such weapons occurs, there shallbe a fight review of any such scenes prior to the performance of said scenes during the ballet.This fight review shall be scheduled and supervised by the designated expert or his designeeat fifteen (15) minutes to curtain.G. Fire Safety.BSJ agrees that whenever a production involves the use of actual fire the following regulationsapply.1. Whenever a live flame is on stage, or backstage, fire extinguishers shall be in hand or atconvenient locations, where the handlers of the extinguishers have a full view of the area inwhich the flames are located. Fire extinguishers shall be located on both sides of the stage.2. Except in the case of lighting flames as part of the scene all torches and candles shall be litby the Property Department. This lighting shall occur as late as possible to allow all torchesand candles to be lit in time.3. All torches and candles shall be returned to the Property Department upon completion oftheir use.52

4. No ARTIST who feels unsafe carrying a live flame shall be required to do so. This rightshall not be invoked unreasonably.5. No ARTIST will be required to carry a prop with a live flame if said prop is too heavy forsaid ARTIST to carry safely.The regulations listed herein above pertaining to fire safety shall apply to anyone who appears onthe stage with a live fire, whether or not the person is under an AGMA Agreement.53

AMERICAN GUILD OF MUSICALARTISTS1430 Broadway (between 39 th and 40 th Streets), New York, NY 10018212-265-3687 – Fax: 212-262-9088Affiliated with the AFL-CIO, Branch of Associated Actors and Artistes ofAmericaThis letter will serve as Addendum 1 to the 2010-11 Ballet San Jose/AGA collective bargainingagreement with regard to work-span.For the 2010-11 contract year only, BSJ may exercise the option of changing the work-span set forth inSection V. A. 4. (k) which states:“During In-Theater Weeks, all ARTIST ACTIVITY shall take place from 12 noon to 12midnight. For any ARTIST ACTIVITY that occurs before 12 noon or after 12 midnightEMPLOYER shall compensate each ARTIST involved in such work at the overtime rate in onehalf(½) hour increments.”BSJ may exercise this option only under the following conditions:1) This change can only happen for BSJ performances of Nutcracker.2) At no time may BSJ schedule a Company Class or Warm-up to begin before 8:30AM.3) The twelve (12) hour rest span set forth in Section V.4. a) of the Agreement will be honoredat all times.4) BSJ would notify the AGMA Area Representative, the Delegates and all of the ARTISTs inwriting at least one (1) week prior to such a change.5) BSJ may not schedule the day to begin prior to 9:30AM more than three (3) times during thecontract year.If the above is in accordance with your understanding, please sign one copy and return it to me.For AGMA:Nora HeiberNational Dance Executive, AGMAFor BSJDennis NahatArtistic Director, BSJDateDate54

AMERICAN GUILD OF MUSICALARTISTS1430 Broadway (between 39 th and 40 th Streets), New York, NY 10018212-265-3687 – Fax: 212-262-9088Affiliated with the AFL-CIO, Branch of Associated Actors and Artistes of AmericaThis letter will serve as an Addendum 2 to the 2010 Ballet San Jose/AGA collective bargainingThe following “Rules and Regulations” shall apply to all ARTISTs and Staff of Ballet San Jose without regard torace, color, creed, sex, age, national origin, or marital status:1. Harmonious Workplace. Echoing I.AA.1, BSJ, AGMA and ARTISTs agree to endeavor to promotemutual respect, a positive atmosphere, and harmonious working relationships. BSJ, AGMA andARTISTs acknowledge that artistic endeavors may involve stressful conditions. BSJ and ARTISTs willexpressly maintain the position that no ARTIST or BSJ Staff Member shall be subjected to insulting orhumiliating language or behavior, trespass, or abusive conduct on the part of any BSJ employee, affiliate,or representative. It is further acknowledged that injuries may result to the affected individual or BSJ’soperations may be impaired as a result of any such personal affront, racial or ethnic slur, or any trespassto person or property.2. Professional Conduct and Behavior. All ARTISTs and BSJ Staff members are prohibited fromdrinking alcoholic beverages, taking of drugs or smoking in the Ballet San Jose workplace or in anytheater Ballet San Jose performs in. Additionally in line with I.U.1, neither ARTISTs nor BSJ Staff shallcome to work in the workplace or theater under the influence of drugs or alcohol. ARTISTs, when calledto an artist activity, will refrain from texting or using cellphones out of respect and consideration for thedirector of the artist activity and, because it can hinder the ability of the ARTIST to learn choreographyfor all roles for which they are responsible. Additionally, ARTISTs shall arrive on-time for all artistactivity calls, as definied in III.B, for which they are scheduled, and will appear and sign-in no later than30 minutes prior to any performances held by Ballet San Jose (V.A.4.i). As a professional courtesy, it isrequested that ARTISTs refrain from smoking at least 10 minutes prior to any costume fitting.3. Artistic Respect and Responsibility ARTISTs shall wear costumes, accessories, wigs, facial hair orapply hair coloring or special make-up as directed by the Choreographer/Stager, Artistic Director,Costume Director/Designer and Makeup Designer, as necessary as long as such items and applications arein accordance with Sections A.10.D., E. of the Health and Safety Addendum and any other applicableprovision of the cba. All ARTISTs, to the best of their ability, will continue to uphold the original designof such persons listed and will maintain the choreography of any work as instructed by thechoreographer/stager/ballet master/Artistic Director, for the duration of the run for any performance inaccordance with Sections A. 11, 12, 13, 14, 15, B., F., G., of the Healthy and Safety Addendum and anyother applicable provision of the cba.4. Ballet San Jose Building Safety. For the safety of all ARTISTs and Staff, no one other than FacilityStaff shall go on the roof of the Ballet San Jose building, or go above the 4 th floor of said building.Additionally, ARTISTs are not to go into the basement of said building. All ARTISTs and Staff shallonly enter said building through the Front Door (#40). The Box Office Door (#38) is for Box Office Staffand patron use only. The last door (#34) is an emergency exit. Additionally, in accordance with postedsigns, all smoking must occur at least 20 feet away from all Ballet San Jose doors. All ARTISTs andStaff must follow the elevator rules, regarding maximum capacity, as posted inside the elevator.5. Theater Safety. It is understood that “it is BSJ’s responsibility to provide a safe and healthy workplaceand it is the ARTIST’s responsibility to work in a safe manner,” as set forth in the Health and SafetyAddendum. Towards this end, when ARTISTs are in a theater, they should follow the directions of theArtistic Director, Technical Director and Stage Managers regarding movement and safety backstage.55

ARTISTs should keep themselves aware of any flying scenery, curtains, spilled water, other dancer’sclothing on the floor, or electrical equipment when in the area of the stage. ARTISTs shall not touch,move or handle any technical equipment, props, or scenery unless authorized by Management for eachARTIST’s safety and the integrity and condition of said items. Additionally, ARTISTs shall always enterany theater Ballet San Jose performs in, at the designated Theater Stage Door.6. Artist Injuries. Any ARTIST who suffers an injury due to working in the Ballet San Jose building or inany theater occupied by Ballet San Jose, ARTIST must report the accident or injury to the staff or directorin charge of artist activity. To help prevent injuries caused by ARTIST executing choreography,ARTISTs are required to properly warm up their bodies prior to dancing as long as conditions are inaccordance with Sections A. 16. & 19. of the Healthy and Safety Addendum and any other applicableprovision of the cba. ARTISTs should also wear appropriate clothing and footwear at all times, asnecessitated by the current artist activity. Additionally, no ARTIST or Staff member shall engage inhorseplay, running up or down stairs, or jumping over handrails.7. Rehearsal Items. All rehearsal costumes and props are property of Ballet San Jose and should be treatedwith respect. All rehearsal costumes should be returned to where they were found (hung back onappropriate racks, in baskets, checked back in if they were checked out, etc.) and rehearsal props shouldbe returned to where they were found (prop tables, baskets, etc.). In many instances, rehearsal props areactual show props. Since this may not always be known by the ARTIST during use, all props should betreated as if they were actual show properties. If, during use, a prop or rehearsal costume becomesdamaged or hazardous to the ARTIST, ARTIST must inform the Stage Manger, the Costume Director ortheir Assistants to get the situation corrected quickly (Health and Safety Regulation Addendum, 2 ndparagraph).8. Restricted Entry. As stated in IV.E.7, Ballet San Jose will provide ARTISTs and Staff with CompanyID Badges. These badges permit Ballet San Jose to protect ARTISTs, Staff and production property, byonly allowing those with Company ID Badges backstage in theaters where Ballet San Jose performs, andin some cases, at the Ballet San Jose building. ARTISTs and staff will present their Company ID whenrequested by stage door guard or building security. Any guest that an ARTIST wishes to bring to thetheater must receive a similar ID badge, which can be obtained through Stage Management. However,this badge does not allow guests of the ARTIST to be present on the dressing room level or backstage inany theater Ballet San Jose performs in, during the half hour call, during the actual performance, or in thefifteen (15) minutes immediately following the final curtain. In the studios, if an ARTIST wishes to bringa guest to take Company Class, it must be approved by the Artistic Director, each time such guest wishesto take class. The request must be made in writing or verbally to the Stage Manager, who will take therequest to the Artistic Director and report back to the ARTIST.If the above is in accordance with your understanding, please sign one copy and return it to me.For AGMA:For BSJDateDate56

AMERICAN GUILD OF MUSICALARTISTS1430 Broadway (between 39 th and 40 th Streets), New York, NY 10018212-265-3687 – Fax: 212-262-9088Affiliated with the AFL-CIO, Branch of Associated Actors and Artistes ofAmericaThis letter will serve as Addendum 3 to the 2010 Ballet San Jose/AGA collective bargainingNotwithstanding Section IV. E. 1. d., which states as follows;“BSJ will provide to all ARTIST who are engaged for fifteen (15) weeks or more, Health Insurance forno less than twelve (12) months from first day of coverage per contract year, that will not fall below thelevel of coverage and range of providers of the Health Insurance BSJ currently provides ARTIST. Suchinsurance shall begin on the first day of the month after the first day of each ARTIST’s contract.”For any ARTIST who does not accept a contract offer to return for BSJ’s 2011-12 contract year, BSJshall only be obligated to continue to provide Health Insurance as set forth in Section E. 1. a. of thisAgreement for one additional month following the last date of such ARTIST’s 2010-11 individualemployment contract in addition to the month in which such individual contract ends.In addition, for the 2010-11 contract year only, Section IV. B. 4 shall read as follows:“Severance and Exit PayWhen an ARTIST who has been employed on a guaranteed employment basis by BSJ for at least three(3) years leaves the ARTIST shall receive one hundred per cent (100%) week’s MinimumCompensation, per year of employment for service of up to fifteen (15) years. If there is a break inservice of not more than one (1) year, ARTIST shall not lose credit for past years of employment.”If the above is in accordance with your understanding, please sign one copy and return it to me.For AGMA:For BSJDateDate57