New York Gilbert and Sullivan Players (NYGASP) Rulebook ... - Actors

Actors’ Equity AssociationAGREEMENT AND RULESGOVERNING EMPLOYMENTATNEW YORK GILBERT AND SULLIVAN PLAYERSEffective Date: September 6, 2010Expiration Date: September 8, 2013NATIONAL OFFICE165 West 46 th StreetNew York, NY 10036(212) 869-8530 phone(212) 719-9815 faxHOLLYWOOD OFFICE6755 Hollywood Boulevard, 5 th FlHollywood, CA 90028(323) 978-8080 phone(323) 978-8081 faxCHICAGO OFFICE557 West Randolph StreetChicago, IL 60661(312) 641-0393 phone(312) 641-6365 faxORLANDO OFFICE10319 Orangewood BoulevardOrlando, FL 32821(407) 345-8600 phone(407) 345-1522 faxwww.actorsequity.org

1. ACTOR'S OBLIGATIONS TO EQUITY........................................................................................ 12. AGENTS..................................................................................................................................... 23. AUDITIONS ................................................................................................................................ 24. BILLING AND PROGRAMS. (SEE ALSO RULE 40, PHOTOGRAPHS AND PUBLICITY ANDRULE 41, PRESS RELEASES.).................................................................................................. 35. BINDING EFFECT OF AGREEMENT. ........................................................................................ 46. BLACKLISTING. ......................................................................................................................... 47. BREACHES BY PRODUCER...................................................................................................... 48. BREAKS, REST PERIODS, DAYS OFF....................................................................................... 59. CALLBOARD. ............................................................................................................................. 610. CHANGES IN CAST: DUTY OF PRODUCER TO ANNOUNCE.................................................. 611. CLAIMS. ..................................................................................................................................... 712. CLOTHES AND MAKE-UP.......................................................................................................... 713. CONTRACT.............................................................................................................................. 1014. DANCE CAPTAINS................................................................................................................... 1115. DEFAULTING EMPLOYERS..................................................................................................... 1216. DEFINITIONS. .......................................................................................................................... 1217. DEPUTIES AND MEMBERS: NOT TO BE DISCRIMINATED AGAINST................................... 1318. DEPUTIES AND REPRESENTATIVES..................................................................................... 1319. DISCRIMINATION. ................................................................................................................... 1420. DOUBLECASTING ................................................................................................................... 1421. DUES AND INITIATION FEES. ................................................................................................. 1422. DUTIES OF THE ACTOR.......................................................................................................... 1423. EQUAL EMPLOYMENT OPPORTUNITY - NON-TRADITIONAL CASTING -NONDISCRIMINATION............................................................................................................. 1424. EQUITY: SPECIAL PROVISIONS. ........................................................................................... 1625. GRIEVANCES AND ARBITRATION.......................................................................................... 1726. HIRING "AS CAST": OBLIGATIONS TO ACTOR. .................................................................... 1827. HOSPITALIZATION AND MEDICAL INSURANCE. ................................................................... 191

28. ILLNESS AND SICK LEAVE. .................................................................................................... 1929. INJURY &SUPPLEMENTAL WORKER’S COMPENSATION..................................................... 1930. JUVENILE ACTORS. ................................................................................................................ 2031. LAWS GOVERNING. ................................................................................................................ 2132. MEDIA: RECORDING AND BROADCAST. .............................................................................. 2133. MILITARY SERVICE OF THE ACTOR. ..................................................................................... 2634. MORE REMUNERATIVE EMPLOYMENT................................................................................. 2635. NO LOCKOUTS OR STRIKES.................................................................................................. 2636. NOTES..................................................................................................................................... 2737. PENSION FUND....................................................................................................................... 2738. PER DIEM AND HOUSING....................................................................................................... 2739. PERFORMANCES.................................................................................................................... 2840. PHOTOGRAPHS AND PUBLICITY. (SEE ALSO RULE 4, BILLING AND PROGRAMS ANDRULE 57, TELEVISING, RECORDING, AND MOTION PICTURE.)........................................... 2941. PRESS RELEASES. ................................................................................................................. 2942. PRODUCTION PROSECUTED................................................................................................. 2943. PROPERTY: REIMBURSEMENT TO ACTOR FOR LOSS OR DAMAGE. ................................ 3044. RATIO. ..................................................................................................................................... 3145. RECORDINGS USED IN PRODUCTION. ................................................................................. 3146. REHEARSALS.......................................................................................................................... 3247. REPORTS. ............................................................................................................................... 3248. SAFE AND SANITARY CONDITIONS OF EMPLOYMENT........................................................ 3349. SALARIES. ............................................................................................................................... 3650. SCORES .................................................................................................................................. 4051. SECRET VOTE......................................................................................................................... 4052. SECURITY AND SECURITY AGREEMENTS. .......................................................................... 4053. SOCIAL SECURITY - UNEMPLOYMENT INSURANCE. ........................................................... 4154. STAGE FIGHTING.................................................................................................................... 4155. STAGE MANAGERS AND ASSISTANT STAGE MANAGERS. ................................................. 422

56. SUSPENSION FOR CAUSE. .................................................................................................... 4357. TELEVISING, RECORDING AND MOTION PICTURE. ............................................................. 4358. TERMINATION (SEE ALSO RULE 34, MORE REMUNERATIVE EMPLOYMENT.) .................. 4359. TOURS. (SEE RULES 38 PER DIEM AND HOUSING, 39(E) PERFORMANCES, 49(D)SALARIES AND 60 TRANSPORTATION.)................................................................................ 4460. TRANSPORTATION................................................................................................................. 4461. UNDERSTUDIES...................................................................................................................... 4862. UNION EMBLEM. ..................................................................................................................... 4963. UNION SECURITY. .................................................................................................................. 4964. VOLUNTARY CLASSES........................................................................................................... 493

NEW YORK GILBERT & SULLIVAN PLAYERS and ACTORS’ EQUITYASSOCIATIONAGREEMENT made between Actors' Equity Association (hereafter called "Equity") andNew York Gilbert and Sullivan Players, Albert Bergeret, ProducerMUTUAL RECOGNITIONNew York Gilbert & Sullivan Players (hereafter “Producer” or “NYGASP”) agrees torecognize Actors' Equity Association (hereafter “AEA” or “Equity”) as the exclusiverepresentative for the purpose of collective bargaining of all the Actors (Principals,Chorus, Stage Managers, Assistant Stage Managers, Dance and Fight Captains,Standbys, Swings, Covers, Understudies) employed by the Producer in productions ofoperettas from or similar to the Gilbert & Sullivan canon.Equity recognizes that NYGASP is neither a Broadway nor an off-Broadway theatrecompany; that because of the repertory it performs, it operates in certain respects in amanner similar to an opera company and in other respects in a manner similar to atheatre company; that it engages some actors who are full-time theatre professionals,others who art part-time theatre professionals, and others who are engaged in other fulltimeemployment or activities outside the theatre or the theatre industry; and that, byreason of the foregoing, it is in the interest of NYGASP, its performers, and Equity toenter into this Special Agreement.USE OF NEW YORK GILBERT & SULLIVAN AGREEMENTThis Agreement is applicable only to The New York Gilbert & Sullivan Players for fullystaged productions of operettas from or similar to the Gilbert & Sullivan canon,excluding concerts, ensemble programs, educational programs, lecture demonstrations,and similar events.RULES GOVERNING EMPLOYMENT1. ACTOR'S OBLIGATIONS TO EQUITY.(A) Nothing contained in any employment contract signed by any Actor shall beconstrued so as to interfere with the carrying out of any obligation which anActor owes to Equity by virtue of the Actor's membership, and the Producershall not only not request or require any Actor to do any act or thing forbiddenby the Constitution and By-Laws of Equity or by the rules or orders of theCouncil of Equity or orders of its authorized executives, but will require theActor to do and/or assent to the Actor doing any and all acts required by theforegoing.1

(B) The Producer further agrees that the Producer has notice:(1) That the Associated Actors and Artistes of America (hereinafter referredto as the 4 A's) is a voluntary Association and is subject to theConstitution, By-Laws, rules, regulations and orders of the AmericanFederation of Labor-Congress of Industrial Organizations (AFL-CIO),from which it derives its charter.(2) That Equity deriving its charter from the 4 A's is in turn subject to theConstitution, By-Laws, orders, rules and regulations of the 4 A's and theAmerican Federation of Labor-Congress of Industrial Organizations.(3) That the Actor is directly subject to the Constitution, By-Laws, rules,regulations and orders of the 4 A's, and the Producer agrees not torequire the Actor to do any act or thing forbidden by the Constitution orBy-Laws of the 4 A's or by its rules, orders or regulations. Contracts ofemployment shall be subject to all such rules and regulations.(C) Nothing contained in this Rule shall, however, require the Producer to takeany action which is not legally permissible, or permit Equity to change, modify,amend, supersede or impose any conditions or obligations upon the Producerwhich are not specifically set forth in this Agreement.2. AGENTS.(A) Equity Franchise Required. The Producer has notice that if negotiation for orthe obtaining of this contract by the Actor is through any employment agent orpersonal representative not holding an Equity Franchise, or one whoseFranchise is not in good standing, the Actor is liable to suspension or otherdisciplinary action.(B) Commissions. Should the Producer contact the Actor directly and agree withthe Actor as to the salary and part, the Producer shall not directly or indirectlyrequire an Agent to intervene to complete the engagement or require theActor to sign the contract at or through an Agent's office. Any such Agent soengaged does not represent the Actor, and should such Agent make a claimfor commission, the Actor will notify the Producer accordingly, and theProducer agrees to indemnify the Actor and hold the Actor harmless from anysuch claim.(C) Chorus Commissions Prohibited. The Producer has notice that Actorsperforming under a Chorus Contract shall not pay commission to any agent,except as in accordance with the Equity Agency Regulations.3. AUDITIONSThere shall be not less than eight hours of auditions for Principal Performers andChorus Performers for all roles in each season with scheduled appointment times.To the extent Equity Members do not fill all of the audition slots available, theProducer may utilize any remaining time to audition non-Equity performers. TheProducer agrees that all Equity Members seeking an appointment during the timestipulated for making appointments will be scheduled for an audition. When2

auditions are not required because all roles have been cast from existing companymembers, the Producer may petition Equity for relief from this requirement. Suchrelief will not be unreasonably withheld.4. BILLING AND PROGRAMS. (See also Rule 40, PHOTOGRAPHS ANDPUBLICITY and Rule 41, PRESS RELEASES.)(A) House Board. Where practicable, the names of all Actors employed in theproduction shall be placed on an alphabetical listing board displayed either infront of the theatre or inside the lobby. Stage Managers, understudies andswings may be listed separately. The Producer shall exercise reasonablediligence in removing the name and/or the likeness of the Principal Actor nolonger in the cast. (See also Rule 10 CHANGES IN CAST.)(B) Program and Souvenir Program. A cast list shall be offered free of charge toevery patron who enters the theatre at all performances. Such cast list shallcontain the names of all Actors and their role or function. The Stage Managershall be billed on the first page on which there is a complete cast listing or onthe title page.(C) Biographies. All performing Principal Actors, Chorus Actors and StageManagers shall have a biography in any program, playbill, or souvenirprogram produced under the control of the Producer. The biography willcontain professional credits and biographical data. The Producer shall usebest efforts to require that other presenters include biographies for all Actorsin any program, playbill, or souvenir program not produced under the controlof the Producer. All Actors who wish to have a biography included in anyprogram must submit an individual biography to the Producer within twoweeks of accepting an engagement, which biography shall remain in effect forthe entire season. The Actor shall indicate the preferred cuts in the event thatlimitations of space require editing. Should the Actor fail to indicate suchpreferred cuts the Producer shall be free to edit at the Producer's discretion.Where practicable, replacement actors engaged for one week or more shallhave biographical material inserted in the program if the Actor replaced was aperforming Principal Actor, Stage Manager, or a performing Chorus.(D) Omissions or Errors. Where possible, errors or omissions in the printed castlisting in the Playbill or program or the house board, or violations of the billingclause of an Actor's individual contract, shall be corrected within two businessdays after written notice either by Actor or Equity is received by the Producer.Upon receipt of written notice of an omission or error in such cast listing, theProducer will promptly place in the Playbill or program a mimeographed orprinted slip correcting the omission or error, and, if practicable, will alsocorrect the omission or error in the next printing of the Playbill or program. Ifthe errors are not corrected by the Producer as provided in this paragraphwithin two business days, the Actor shall not be entitled to a monetary remedyfor such errors. If the errors are not corrected within two business days, theActor shall be entitled to a payment of one-eighth of contractual salary foreach day the error is not corrected.3

5. BINDING EFFECT OF AGREEMENT.All contracts of employment signed pursuant to this Agreement are binding notonly upon the signers on the face thereof, but upon any and all corporations, copartnerships,enterprises and/or groups which said signers or each of them directs,controls or is interested in, and are hereby agreed to be adopted as their contractby each of them.6. BLACKLISTING.The Producer and Equity pledge themselves to prevent blacklisting in the theatre.Opposition to blacklisting is not a controversial issue between the Producer andEquity.(A) Blacklisting for the purposes of this Rule shall mean the submission by theProducer, directly or indirectly, to individual or group pressure, and/or the useof private lists, published or unpublished, of persons not to be employed intheatrical productions for reasons having no direct relation to their theatricalability.(B) To that end, Equity and the Producer shall jointly investigate and deal with allcomplaints of blacklisting in the theatre, and take any and all lawful means tocorrect, remedy, and actively resist each and every instance of blacklisting, asand when it arises.7. BREACHES BY PRODUCER.(A) In addition to any other remedies available herein, each Actor affected hereinshall receive up to two weeks’ salary as liquidated damages, no present basisof calculation existing, should the Producer:(1) Breach an individual contract of employment, or any part thereof;(2) Breach or fail to abide by or conform to any rule which is a part of theemployment contract of any Actor;(3) Make any false statement in connection with any employment agreementor regarding security;(4) Employ or have employed any member of Equity under any form ofcontract other than a Standard Form;(5) Be in default as to any employment contract with any Actor, or breachany such employment contract, past or present;(6) In the future, breach any such employment contract;(7) Employ or continue to employ any Actor who is not a fully paid-upmember in good standing of Equity (see Rule 63, UNION SECURITY);(8) Fail to give or deposit security at the time and in the form and amountrequired by Equity;(9) Otherwise breach or fail to live up to any contract of employment orEquity Rule.4

(B) Should any situation arise where, because of the act of the Producer, orProducer’s fault or default, the Actor is released from Actor’s obligation towork, then in any of said events, the Actor may, Equity consenting, forthwithterminate Actor’s employment and is released from any obligation to renderservices to the Producer. In addition thereto, the Producer agrees thatProducer shall pay the Actor forthwith, in full, for all services rendered, plusany other sums to which the Actor may be entitled by contract or by EquityRules and also, as liquidated damages, no present basis of calculationexisting, up to two weeks’ salary for Actors signed to Standard MinimumContracts, a sum equal to the Actor’s salary multiplied by the number ofweeks remaining under Actor’s guarantee of employment, or by the number ofweeks during which the production for which the Actor has been engagedruns during the season, calculated from the date when the Actor ceased to beemployed, whichever period shall be longer. Against said sums, no offsetshall be allowed the Producer for earnings of the Actor in a new orsubsequent engagement. These provisions shall apply to each seasoncontracted for.(C) Disputes as to the applicability of the foregoing paragraphs shall be subject toarbitration under Rule 25, GRIEVANCES AND ARBITRATION and neitherEquity nor the Actor may finally determine any questions of violation or breachon the part of the Producer, except as to violations of Rule 7(A)(4) and7(A)(8). In the event of the Producer’s breach of Rule 7(A)(4) or 7(A)(8),Equity may intervene, without penalty to itself and require the Actor to performor rehearse or not perform or rehearse under such terms and conditions asEquity may consider just and equitable.8. BREAKS, REST PERIODS, DAYS OFF.(A) Rest Period. Except as set forth in Rule 60 TRANSPORTATION, there shallbe a 12-hour rest period between the end of work on one day and thebeginning of work on the next, except that on the final day before the firstpublic performance, and in connection with any children’s and/or school groupperformances, the rest period may be reduced to 11 hours. Any invasion ofthis rest period shall be paid at double the overtime rate of $12 per hour, inaddition to all other remuneration due. The overtime rate shall increase to$13.00 per hour or part thereof for 2009-2010 season.(B) Breaks. There shall be a break of at least one hour after a period of not morethan five consecutive hours of rehearsal and/or performance and a break offive minutes after each 55 minutes, or 10 minutes after each 80 minutes, ofrehearsal. The foregoing provisions shall not apply in the final two dayspreceding the first public performance and/or where the limited time availablefor the use of the theater makes such breaks impracticable. Except inunavoidable circumstances, an Actor may not be required to work for morethan six hours without the opportunity for a meal.(C) Between Performances. Should there be less than one and one-half hoursbetween curtain down and half hour, the Producer shall pay the Actors thesum of $15.5

(D) Designated Day Off. The Actor shall be entitled to one scheduled full“Designated Day Off” each workweek (excluding the rehearsal period) whichshall be free of rehearsals and/or performances, except during the first weekof performances for any individual production. The Producer may alter theActor's day off to accommodate a revised performance schedule (providedthat no Actor shall be deemed in breach of his individual contract where he isunable to perform on his scheduled day off because of conflicting contractualcommitments or other circumstances beyond his control). When the Companyis performing in the City of New York, a “Designated Day Off” shall be definedas a full 24 hours in addition to the standard rest break at the end of eachworkday. Each Actor or Stage Manager who does not receive a day off inaccordance with the foregoing shall receive an additional payment in anamount equal to two-seventh’s (2/7) of his weekly contractual salary.(E) Holidays.(1) Subject to paragraph (D) above, in addition to the regular day off duringthe workweek there shall be no rehearsal or performance on eitherDecember 24 or December 25 (but not both unless the regular day off isscheduled by the Producer on December 24 or December 25).(2) There shall be no rehearsal or performance on Thanksgiving Day.(3) Any changes of day-off that are required by paragraphs (1) and (2)above shall not require the consent of the Actors.9. CALLBOARD.Where practicable, a callboard shall be maintained back stage on whichinformation important to the cast shall be posted. This information shall includeany notices, correspondences or letter(s) of information sent by Equity to theCompany; Worker's Compensation Carrier and Carrier Number; members of theProducers Staff whom the Actors can contact in case of emergency; informationregarding fire exits and fire-fighting equipment and proper procedures in case offire; addresses of hospitals in the area; information as to safe keeping of Actors'valuables by the Producer; and brush-up rehearsal calls after opening. All othercalls shall be given to the Actors by the Stage Manager.10. CHANGES IN CAST: DUTY OF PRODUCER TO ANNOUNCE.(A) All understudies and their roles must be listed in the program unlessrequested by the Understudy not to be listed.(B) When an Understudy takes the place of an Actor whose part listed in theprogram is a specifically identifiable character, or where such an Actor isreplaced by another Actor (except in an emergency which occurs at or afterhalf-hour, in which case an announcement shall be made from the stage),announcement to this effect shall be made in one out of the following threeways:(1) Through the insertion of a printed slip in all programs.(2) By means of an announcement from the stage.6

payment shall be paid weekly to the Actor with the Actor's salary and byseparate check. These payments shall not be subject to dues or pension.(1) The following shall be the minimum weekly rental fee when an Actoragrees to furnish the Actor's own clothing for a production:BLOUSE .................................................... $2.00DANCE SHOES ......................................... $4.00DRESS....................................................... $5.00ENSEMBLE (SHIRT,TIE,SUIT,SHOES,HAT, ETC.) ................................. $30.00EVENING CLOTHES (TUXEDO, GOWN) $25.00HAT............................................................ $2.00JEANS ....................................................... $2.00SHIRT ........................................................ $2.50SHOES ...................................................... $4.00SHORTS .................................................... $2.00SKIRT ........................................................ $5.00SLACKS..................................................... $5.00SNEAKERS................................................ $2.00SUIT......................................................... $20.00SUIT JACKET ............................................ $7.00SWEATER ................................................. $3.00TIE ............................................................... $.50TIGHTS,HOSE,STOCKINGS..................... $1.50TOPCOAT,OVERCOAT OR RAINCOAT... $7.00WIGS AND HAIRPIECES .......................... $6.00(2) With respect to garments not appearing on this schedule, the rental orloan will be negotiated to the mutual agreement of the Actor and theProducer. The costume shall remain the property of the Actor but willremain in the theatre for the rental period.(3) When the Actor is provided the costume(s) by the Producer and theActor elects, with the consent of the Producer, to wear the Actor's ownclothing then, in this event, the Producer shall not pay any rental fee.(C) Footwear. Producer may either rent shoes belonging to the Actor at theapplicable rental fee or request the Actor purchase appropriate footwear. Ifsuch request is made, Actor shall have the option to either keep possession ofthe shoes and receive the applicable rental fee or receive reimbursement fromthe Producer for the cost of the shoes. If the Actor receives reimbursement,8

the Actor shall return the shoes to the Producer at the conclusion ofemployment. A receipt must accompany all requests for reimbursement.(D) Cleaning and Upkeep. All clothing worn by the Actor for use in theProduction, whether furnished by the Producer or not, shall be cleaned atleast after every 18 performances and laundered at least twice a week. Anyissue raised about a costume will be addressed immediately to the best ofProducer’s ability. Producer shall make best efforts to have costumes airedafter each performance. Where practicable, no Actor may be required to weara costume that was previously worn by another Actor without being properlycleaned. If the replacement Actor continues in the role, the costume shall becleaned as soon as possible. Where appropriate, the Producer shall provide t-shirts or camisoles and dress shields, and shall not store cleaned costumes indry cleaning bags.(E) Make-up. The Actor shall furnish his/her own conventional make-up. TheProducer shall furnish only specialty make-up. The Producer shall makealcohol available for the use of the Actors. If the Actor is required to use bodymake-up, the Producer shall furnish freshly laundered towels for the removalof such make-up. Producer shall also provide body make-up remover.(F) Knee Pads and Protective Clothing. Prior to any activity that requires kneeand elbow pads and protective clothing, the Producer shall furnish new andproperly fitted (i.e., small, medium, or large) items for the exclusive use of theactor for all rehearsals and performances. (See Rule 54(G).)(G) Skin Parts. Clean and dry skin parts, except for painted unitards (which mustbe dry for each performance), shall be furnished for every performance. Skinparts include but are not limited to: socks, stockings, pantyhose, tights, bodystockings, underwear, t-shirts, bras, jockstraps, dance belts, dress shields,slips, and bathing suits. Commencing with their first public performance,Understudies and Swings shall be provided with their own set of skin parts. T-shirts and socks will be new when initially assigned to each Actor. T-shirtspreviously assigned to individuals prior to September 6, 2004 need not benew. Divided-toe Mikado socks need not be new, but must be individuallyassigned.(H) Hairpieces and Wigs. Beards and hairpieces furnished by the Producer shallbe cleaned prior to each season. In addition, any issue raised about thecleanliness of a beard or hairpiece will be addressed immediately to theextent practicable in the circumstances.(I)Doublecast Roles. The Producer shall use best efforts to provide separatecostumes (including wigs and hairpieces) to different Actors playing the samerole. In any event, wigs and hairpieces must be dried between matinee andevening performances.(J) Hairstyle and Haircolor.(1) Change of Hair Color. The Actor may not be required to change thecolor of the Actor's hair unless the Actor agrees in writing, and theProducer shall pay for the expense of changing the color and of its9

upkeep during the run of the engagement and of the restoration to theoriginal color at the end of the Actor's engagement.(2) Change of Hair Style. The Actor may not be required to cut or changethe style of the Actor's hair in any way, or to shave the Actor's headunless the Producer notifies the Actor at time of casting. The Producershall pay the original expenses and the upkeep of said hair or hairstyleduring the run of the Actor's engagement provided that the cost thereof isapproved in advance by the Producer.(K) Costume Measuring. The Actor shall be available for one costume fitting foreach role at a mutually convenient time and place without additionalcompensation. Producer shall use best efforts to conduct costume calls at theplace of rehearsal or the Actor shall receive carfare or transportation ifrequired to travel to and from the costumer.13. CONTRACT.(A) Actor's Contract.(1) Contracts between Producer and Actor must be signed in connectionwith all work covered by this Agreement before the Actor rehearses orperforms. Said contract shall indicate the Actor’s acceptance of the termsof this Agreement for the work being contracted.(2) Signing of. Unless contracts are signed concurrently, they must besigned by the Producer first. If the contract is not signed concurrently,the Producer may notify the Actor or the Actor's designatedrepresentative, by personal delivery or Certified Mail, that, unless thecontract is signed and returned to the Producer within a specified timeperiod which shall be not less than 48 hours after receipt of the notice bythe Actor, or the Actor's designated representative, the contract is nulland void.(3) Performance Riders. For each engagement that the Actor is hired, aPerformance rider indicating salary, role(s), date(s) and location of theperformance(s) shall be signed by the Actor and the Producer. Copies ofeach Actor’s Performance riders shall be filed with Equity.(B) Changes and Alterations.(1) The Actor and/or Producer have no right or power to waive any of theminimum conditions set forth in the employment contract or Equity Ruleswithout the written consent of Equity. Unless any and all riders,changes, alterations, waivers, or substitutions made prior to, when orafter a contract of employment is made shall have been consented to byEquity in writing, such riders, changes, alterations, waivers, orsubstitutions, or any part thereof, are void at the option of the Actor,Equity consenting. It shall be the duty of the Producer, not the Actor, tosubmit proposed changes to Equity for its written approval by a dulyauthorized representative.10

(2) If Equity fails to notify the Producer of its disapproval of said riders,changes, alterations, waivers or substitutions within seven business daysafter receipt thereof by Equity, they shall be deemed approved. At theoption of Equity, no such riders, changes, alterations, waivers, orsubstitutions shall be admitted in evidence in any arbitration or by anytribunal for the disposition of any claim without the written consent ofEquity.(3) The Producer agrees that all blanks, including opening date, name ofpart, and salary will be filled in, in writing, before signing or delivery.(C) Executed Agreement. Within one week after entering into any employmentcontract (and where the Actor is employed after rehearsals have begun, withinthree days after the Actor has begun to rehearse) the Producer shall file withEquity a signed copy thereof (provided that the Actor has signed and returnedthe contract prior to such time). Failure to do so shall constitute a breach ofcontract by the Producer, and the Actor may, at any time, Equity consenting,terminate the contract without notice.(D) Attempted Breach. No Actor shall agree with the Producer, EmploymentAgent, Personal Representative, or other Actor and nor shall the Produceragree with any Actor, Employment Agent, or Personal Representative tocause, or attempt to cause, or agree to permit any breach of any term of anyemployment contract.(1) Should any Actor engage in such conduct, said Actor shall be subject tosuch disciplinary action as the Council of Equity may determine.(2) Should the Producer be found by an arbitration tribunal to have engagedin such conduct, Producer agrees that such conduct on the Producer'spart shall be a breach of the Producer's employment agreements withActors entitling any such Actors to recover from the Producer, Equityconsenting, a sum equal to two weeks' salary as liquidated damages, nopresent basis of calculation existing. The Producer further agrees thatupon such breach, the Producer's name may be posted on the DefaultingProducers List at Equity.(3) In the event of a recovery of liquidated damages by or on behalf of theoffending Actor, the same shall be paid into the Actors' EquityFoundation, Inc.14. DANCE CAPTAINSA Dance Captain shall be hired not later than the first day of rehearsal for allproductions for which a choreographer is separately credited. The Dance Captainshall be paid no less than an additional $2.00 per hour for rehearsal and $50 perweek (or, at the option of the Producer, $25 per performance) in addition tocontractual salary. The Stage Manager shall not serve as Dance Captain. TheDance Captain shall be credited on the cast list page of the playbill or program.11

15. DEFAULTING EMPLOYERS.(A) A Producer shall be ineligible to engage any Actor unless and until saidProducer shall have furnished security in such amount and in such manner asRule 52 SECURITY AND SECURITY AGREEMENTS shall require to insurethe payment of the claims of any Actor against said Producer.(B) Any Producer engaging any Actor represents that said Producer is not indefault under any agreement with Equity at the time of such engagement, andthat no contract has been entered into between said Producer and Equity orany Actor, any breach of which remains unsettled or unliquidated.(C) No Actor shall work or be required by any Producer, without the consent ofEquity, to work for any person, partnership, corporation, enterprise, or groupwhich has violated or is violating any arbitration award, or where, permittedherein, any final determination of Equity; or which, through failure to meet pastobligations to Equity or its members, has been placed on Equity's DefaultingEmployer’s List; nor shall any Actor work for or be employed by anyone whois or has been connected, either as an individual proprietor, general partner,associate producer, corporate director, officer, active stockholder or otherwisewith any defaulting Employer so specified, without the consent of Equity.(D) No Actor shall work or be required to work or continue in employment of anyProducer or company, if and when the quality or amount of any security whichmay be offered or given or requested by Equity to secure the payment of anyclaim, present or future, of any Actor fails to meet the requirements of thisAgreement.16. DEFINITIONS.(A) Actor. The term "Actor" shall refer to and include all persons who aremembers of Equity or employed on an Equity contract.(1) Principal Actor. The term "Principal Actor" shall include all Actors hiredon Equity contracts other than those Actors engaged on Choruscontracts and/or engaged to perform Chorus work.(2) Chorus. The term "Chorus," "Chorus member," "member of the Chorus,""Actor engaged under a Chorus contract" and "Chorus performer" shallinclude Actors engaged under Chorus contracts and/or Actors actuallyperforming Chorus work, as may be determined by Equity.(3) Stage Manager. The term "Stage Manager" shall refer to and include allpersons who are contracted to perform the customary duties of "StageManager," "First Assistant Stage Manager," and "Second AssistantStage Manager."(4) Understudy. The term "Understudy" shall include all Actors performingunderstudy duties. A General Understudy is a member of the cast whodoes not otherwise perform. A Performing Understudy is a performingmember of the cast who also understudies other roles.12

(B) Part. The term "part" shall mean each character, specialty, or function forwhich the Actor is responsible.(C) Role. The term "role" shall mean the sum of the parts, specialties, functions,and assignments for which the Actor is responsible.(D) Disability. The term "disability" shall be defined by the applicable laws.(E) Work Week. The term "week" shall mean Monday through Sunday. While ontour, the work week may be any consecutive seven day period.(F) Weekly or Contractual Salary. Contractual salary shall include allcompensation received by the Actor subject to federal, state or localwithholding taxes or payments made pursuant to an authorized corporaterider.17. DEPUTIES AND MEMBERS: NOT TO BE DISCRIMINATED AGAINST.The Producer shall not dismiss or otherwise discriminate against any Actor forfulfilling the Actor's duties or obligations as a Deputy or an Equity member.(A) In the event the employment of a Deputy is terminated for any reasonwhatsoever, the Producer agrees to furnish written reasons for suchtermination to both the Deputy and Equity at the time of dismissal.(B) Any Equity Deputy or member who claims that the Producer has givenhim/her notice or otherwise penalized said Deputy or member for fulfillinghis/her duties either as a Deputy or as an Equity member may present his/hercase to the Council who shall give the Producer an opportunity to be heard ifthe Producer desires to avail him/herself of this opportunity. If the Council issatisfied that such activities are the real cause of dismissal or of any penalty,it may permit the Actor's claim to be arbitrated and shall have the power todetermine the character and the amount of the claim to be submitted.(C) It is further agreed that, if upon arbitration the claim of the Deputy or memberis sustained, the arbitrator shall have the right to impose a penalty, whichpenalty shall be at the discretion of the arbitrator, but shall not exceed thesum of five weeks' salary. If the Deputy's or member's claim is sustained,said Deputy or member shall also be reinstated with back pay from date ofdismissal to date of reinstatement.18. DEPUTIES AND REPRESENTATIVES.(A) An Equity Deputy shall be elected by the Equity cast and the election shall bepromptly reported to Equity on the form provided. The Deputy shall submitweekly and such other reports as are required by Equity. Deputies shall havethe duty and obligation to report non-compliance with this Agreement.(B) Provided it does not disrupt rehearsal or performance, duly authorizedrepresentatives of Equity shall have free access to the stage and to allmembers of Equity at all times, inclusive of rehearsals and performances.Sufficient time shall be set aside during the beginning of the rehearsal period13

for an Equity Representative to conduct Equity business. Such time shall notbe considered part of the official rehearsal hours.19. DISCRIMINATION.There shall be no discrimination against any Actor or applicant for any part orposition. (See Rule 23, EQUAL EMPLOYMENT OPPORTUNITY - NON-TRADITIONAL CASTING - NONDISCRIMINATION.)20. DOUBLECASTINGThe Producer may elect to doublecast some or all roles and shall determine theschedule in which each of the doublecast Actors shall perform. Each performerwho is doublecast may be engaged to serve as a standby/cover, without additionalremuneration, in the event the other Actor is not available.21. DUES AND INITIATION FEES.The Producer agrees to deduct from the Actor's salary and remit to Equity, uniondues, plus initiation fees, and assessments provided that the Producer receivestimely notice from Equity, with proper authorization, agreed to and signed by theActor.22. DUTIES OF THE ACTOR.The Actor agrees to:(A) Be prompt at rehearsals;(B) Appear at the theatre no later than one-half hour prior to the performance;(C) Pay strict regard to make-up and dress;(D) Perform the Actor's services as reasonably directed, to the best of the Actor'sability;(E) Properly care for the Actor's costume and props;(F) Respect the physical property of the production and the theatre; and(G) Abide by all reasonable rules and regulations of the Producer not in conflictwith this Agreement(H) Failure by the Actor to comply with these requirements shall be cause forappropriate discipline.23. EQUAL EMPLOYMENT OPPORTUNITY - NON-TRADITIONAL CASTING -NONDISCRIMINATION.Consistent with the foregoing and with the procedure set forth in Rule 3,AUDITIONS, it is the intention of the parties that the auditions/ interviews will beconducted in a manner that continues to promote fair consideration to ethnicminorities, women, seniors and Actors with disabilities (consistent with theAmericans with Disabilities Act and the rules set forth herein.)14

(A) Nondiscrimination.(1) The Parties hereto reaffirm their commitment to a policy ofnondiscrimination with respect to equal employment opportunityhereunder on the basis of sex, race, color, creed, national origin, age,disability, sexual orientation, political persuasion or belief. There shall beno discrimination against any Actor seeking employment.(2) The cast shall not be required to perform in any theatre, public or privateinstitution, or other place of performance, where discrimination in anyform is permitted or practiced because of sex, race, color, creed, nationalorigin, age, disability, sexual orientation, political persuasion or belief.(3) Actor and Producer shall treat all members of the Company, includingand without exception all members of the Production Companyemployed by Producer and all Staff employed by the Producer, withtolerance towards and without prejudice to any person(s) because ofsex, race, color, creed, national origin, age, disability, sexual orientationor political persuasion or belief.(B) Affirmative Action.Affirmative Action is herein defined as an action, for creating employmentopportunities for ethnic minorities, women, seniors and Actors with disabilities.(C) Non-Traditional Casting.(1) It is the desire of the parties that employment for Actors shall continue toreflect a multi-racial society that also includes Actors with disabilities.Toward that end, Actors' Equity Association and the Producer willcontinue to encourage to the best of their abilities a flexible andimaginative casting policy which is called non-traditional casting.(2) Non-traditional casting is for the purpose of increasing employment forethnic minority (African-American, Hispanic-American, Asian-Americanand Native American) Actors, women Actors, senior Actors and Actorswith disabilities and is for the casting of the aforementioned Actors inroles where race, age, ethnicity, gender or the presence or absence of adisability is not absolutely essential to the play or the character'sdevelopment.(3) It is also the intention of the parties that in furtherance of this policy, withdue regard for the requirements of and suitability for employment, andwith the understanding that there can be no interference with thecontractual rights or artistic discretion of the Playwright, Director orChoreographer, the Producer shall endeavor to engage ethnic minorityActors, women Actors, senior Actors and Actors with disabilities.(D) Records. The Producer will maintain for each production records of ethnicminorities and women Actors, Actors with disabilities, and will make bestefforts to maintain records on senior Actors auditioned, interviewed, hiredand/or replaced and will forward such records to Equity within four weeks of15

the first public performance and thereafter on a quarterly basis. Equity willprovide the applicable form.24. EQUITY: SPECIAL PROVISIONS.(A) Equity may represent the Actor in any dispute which may arise with theProducer, and Equity may at all times, represent the Actor in relation to anymatter arising under any employment agreement, and when any act orrequest or consent of any such Actor is provided for in such agreement, therequest, consent, or approval of Equity shall, for all purposes, be deemed theconsent, request, approval or act of the Actor.(B) Meetings; Privilege of Actor to Attend. The Producer shall not require theservices of the Actor for rehearsals (except in cases where technicalrehearsals and/or dress rehearsals are being held or rehearsals on openingdate) at any time when a regularly called meeting of Equity is being held.Time off for this purpose shall not be counted as a part of that day's rehearsal.(C) Special Power to Act for the Actor.(1) Whenever it is provided in any employment contract that any act or thingmay be done by an Actor at the option of or with the consent of or at therequest of Equity, or on the demand of or with the consent of suchmember, Equity, representing the Actor, has and is given the authority toact for and in place of the Actor and to assert the Actor’s position ormake the Actor’s request or demand as the case may be, with all of thepower and authority of the Actor, without liability to itself (A.E.A.).(2) In all cases where, by virtue of any employment contract, the consent orapproval of Equity is required, the Association has and reserves fulldiscretionary power in giving its consent to change, modify or limit rightsof any Actor under that Actor’s contract, said action to be taken on behalfof the Association in writing by either the President or Executive Directoror the designee or one of the executives or members of the LegalDepartment especially authorized by either of said officers to act.(D) Oral and Written Interpretations. Oral or telephone rulings made by Equity arenot binding upon the Association or, except with its consent upon itsmembers. Written rulings or interpretations of the employment contract or theAgreement must be either approved or given by the President or ExecutiveDirector or the designee or one of the executives or members of the LegalDepartment specifically authorized by either of said officers to act, and shallbe binding upon the Association only when said persons act within the powersdelegated to them by the Council.(E) Council Powers. Should there be any conflict between any Rules or any basisfor more than one interpretation as to the meaning of any of them, the Councilof Equity has the right to determine the correct interpretation or resolve theconflict, and its decision shall be binding upon Equity and its members.(F) Determination of Classification. Equity has the sole right to determine, for itsown internal purposes, whether an individual is correctly classified as16

Principal, Chorus, Stage Manager, or Assistant Stage Manager, and theProducer agrees that Equity's determination shall be final.25. GRIEVANCES AND ARBITRATION(A) Any controversy arising from the application or interpretation of thisagreement or affecting the relationship between any Actor or Equity and theProducer (“Grievances”) shall be addressed in the first instance by the dulyauthorizedrepresentatives of Equity and of the Producer. Prior to submittinga written grievance to the other party, the aggrieved party shall engage ingood faith discussions in an attempt to clarify and/or resolve the matterwithout resort to the formal grievance procedure. The time limit for filing agrievance, set forth below, shall be tolled during such discussions. Inthe event a matter is not resolved as aforesaid, the aggrieved party maysubmit the Grievance in writing to the other party. Thereafter, either partymay, after ten days’ written notice to the other party (during which period theparties shall engage in further good faith efforts to resolve the matter), submitthe Grievance to arbitration pursuant to the voluntary labor arbitration Rules ofthe American Arbitration Association. The grievance and arbitrationprocedure as provided herein shall be the exclusive remedy for the resolutionor adjustment of such disputes. Nothing herein shall be constructed to givethe Arbitrator the authority to alter, amend or modify any of the provisions ofthe Agreement. Arbitration will take place in New York.(B) Time Limits.(1) Any grievance must be submitted to the Producer party within thirty daysafter Equity has, or should have had, notice of the facts on which suchgrievance is based. Failure to comply with the foregoing time limit shallconstitute a waiver of the grievance.(2) Should the Actor deem that he has any claim against the Producer underhis contract, he shall present the same to Equity or to the Producer nolater than four weeks after the time when such claim shall have arisenunless he shall give to Equity, or to the Board of Arbitration, or to eitherof them, a good and sufficient reason for any delay beyond such periodof four weeks unless informal claims have been previously asserted andmade known to the Producer.(3) Should the Producer dispute a rule by Equity and if said ruling isarbitrable under these Rules, he must demand arbitration within fourweeks of notice of said ruling. Failure to do so constitutes agreementwith said ruling and an acknowledgement that Equity may deduct anymonies due as a result of said ruling from any security posted with Equityby the Producer. The Producer further agrees that upon demand fromEquity, he will immediately replace any deducted amounts.(C) Expenses. The expense of the arbitration, including the compensation of thearbitrator, shall be shared equally by Equity and the Producer.(D) Equity’s Right. Equity shall act on behalf of Actor in any arbitrationproceeding and in accordance with Equity’s Constitution and By-Laws. No17

Actor is authorized to commence any arbitration proceeding except with theconsent of Equity. Equity shall choose the arbitrator on behalf of the Actor.(E) Waiver or Release Not Permissible. Upon any claim of the Actor arising underthe Actor's agreement through any breach thereof, no receipt, waiver, releaseor adjustment by the Actor is of any validity whatsoever, unless Equityconsents in writing. The Producer, by agreeing to this rule, agrees not to seekor solicit any such waiver, release, or settlement, nor offer the same in anyarbitration or any proceeding in court unless Equity specifically consents inwriting. In no case shall claims of Actors under employment contracts behandled or enforced by agents or attorneys of said Actors unless same areconsented to by Equity in writing.(F) Remedies. In the event of any breach of the provisions of this Agreement forwhich no remedy is specifically provided, the arbitrator shall have the authorityto determine an appropriate remedy.26. HIRING "AS CAST": OBLIGATIONS TO ACTOR.(A) If in the contract of a Principal Actor, the Actor's part(s) is not specified, then,unless Equity shall otherwise order, the Principal Actor shall only be requiredto appear and perform in the part(s) in which the Actor performs on openingnight or four weeks after the first public performance, whichever occurs first.(B) A Principal Actor may be employed to appear and/or understudy "AS CAST"only if said Actor is signed to a standard minimum contract.(1) When the Principal Actor is hired to appear "AS CAST," the Producermust specify the number of roles and at least two of those roles must benamed on the Actor's contract at the time of signing.(2) Principal Actors hired to understudy "AS CAST" must have the number ofroles specified in the Actor's contract at the time of signing.(3) The Principal Actor, if he/she decides not to accept an "AS CAST"assignment prior to the first public performance, may be terminatedimmediately without penalty to either party.(C) Parts.(1) The Principal Actor hired "AS CAST," shall not, without the writtenconsent of Equity, be required to appear and perform in any part or partsother than the part(s) the Actor appeared in, or was assigned tounderstudy, during the first two weeks of the run of the play. (See alsoRule 61, UNDERSTUDIES.)(2) The reassignment of understudy parts contemplated by this paragraphshall not be applicable to a case in which the Actor and Producer haveagreed to a specific understudy part(s) in the original contract ofemployment.(D) In no event shall the Actor be required to understudy unless the Actor'scontract specifically so provides.18

27. HOSPITALIZATION AND MEDICAL INSURANCE.(A) The Producer agrees to pay to the Equity League Health Trust Fund the sumof $170.00 per week per employee working under a weekly Contract coveredby this Agreement for every week that the employee is employed under aweekly Contract including a weekly touring contract. If a tour exceeds sevenperformances, each performance in excess of seven shall count toward theper performance accrual noted in (B) below.(B) The Producer further agrees to pay the Equity League Health Trust Fund thesum of $170.00 per employee working under a per performance engagementfor each seven performances accrued.(C) During the rehearsal time period, one week of Health shall be contributed uponthe Actors’ behalf after the Actor has worked no more than Thirty-five (35)hours.(D) Commencing September 5, 2011, the Health Rate shall increase to $175.00.(E) Commencing September 3, 2012, the Health Rate shall increase to $180.00.(F) The Health Rates listed above are inclusive of the contribution forSupplemental Worker’s Compensation Insurance. (See Rule 29 INJURYAND SUPPLEMENTAL WORKER’S COMPENSATION INSURANCE.)28. ILLNESS AND SICK LEAVE.(A) During Rehearsals. When the Actor shall have absented him/herself fromrehearsal for seven days by reason of illness or injury, the Producer mayterminate the Actor's contract at the end of said seven days. Equity may, inits discretion, upon appeal by the Producer, reduce this period.(B) During Performances. If the Actor cannot perform on account of illness, injury(other than an injury as specified in Rule 29, INJURY AND SUPPLEMENTALWORKER’S COMPENSATION) or any other valid reason, then the Actor shallnot be entitled to any salary for the time during which said services shall notfor such reason or reasons be rendered. Should the foregoing conditioncontinue for a period of 10 calendar days or more, either party may terminatesaid contract and the Producer shall pay for all services to the effective dateof termination.29. INJURY &SUPPLEMENTAL WORKER’S COMPENSATION.(A) Worker's Compensation. The Producer must obtain and maintain Worker'sCompensation insurance coverage for all Actors, Stage Managers, andAssistant Stage Managers in the Producer's employ in accordance with therequirements of the law. Failure to obtain Worker's Compensation shall makethe Producer individually liable. This obligation shall survive the termination ofthe Actor's individual contract of employment.(B) Supplemental Worker’s Compensation. The Producer agrees to providesalary continuance insurance supplementing Worker's CompensationDisability benefits through a group policy administered by the Equity-League19

Health Trust Fund at a cost not to exceed $2.00 per Actor per week and atbenefit levels not less than those existing on July 1, 2000. The Health Rateslisted in Rule 27 HOSPITALIZATION AND MEDICAL INSURANCE. areinclusive of the contribution for Supplemental Workers CompensationInsurance.(C) Extraordinary Risk.(1) "Extraordinary Risks" are defined as, but not limited to performingacrobatic feats; suspension from trapezes or wires or like contrivances;the use of or exposure to weapons, fire or pyrotechnic devices; or thetaking of dangerous leaps, falls, throws, catches, knee drops, or slides.(2) Such definition shall also include set construction that is inherentlydangerous.(3) An Actor shall also be deemed to be engaging in Extraordinary Risks ifthe staging or choreography requires the Actor to execute movementswhich depart from the accepted techniques of movement and support asused in contemporary theatre dance, i.e., classical ballet, modern,modern jazz, ethnic, tap and soft shoe.(4) Equity shall have the sole right to determine what constitutesExtraordinary Risk as defined herein. Equity's decision shall in no wayreduce the Actor's right to proper insurance coverage under theprovisions of this Rule.30. JUVENILE ACTORS.The following special provisions shall apply to Actors aged under 16 years at thetime of signing:(A) Producer shall provide a responsible person to supervise Juvenile Actorsduring the rehearsal period and, after the first public performance, from thehalf-hour call until Juvenile Actor(s) is called for by a responsible parent orguardian after curtain down. This shall not be the Stage Manager or therequired Assistant Stage Manager.(B) If tutoring is required, when the Juvenile Actor(s) are rehearsing and/orperforming on “10 out of 11 ½ “ hour day, all such required tutoring must beheld during the permitted rehearsal hours.(C) Dressing Rooms. Producer shall use best efforts to provide separate dressingrooms for male and female Juveniles which shall be separate from the adultdressing rooms.(D) Working Papers. The Juvenile's working papers must be filed with theapplicable city authorities (copy to Equity) by the Juvenile's first day ofrehearsal.(E) The foregoing shall apply until the Juvenile Actor reaches the age of 16.20

31. LAWS GOVERNING.(A) All contracts of employment shall be subject to, be construed by and all therights of the parties thereto shall be determined by the laws of the State ofNew York except as otherwise may be provided. If there are any validprovisions of law applicable to a contract of employment which are in conflictherewith, the provisions of the contract which conflict therewith shall bedeemed modified in conformity with the provisions of such applicable laws.(B) If any provision of this Agreement shall be held invalid or unlawful by anytribunal of competent jurisdiction, the remaining provisions shall not beaffected thereby, but shall remain severally valid, binding, and in full force andeffect.32. MEDIA: RECORDING AND BROADCAST.(Previously TELEVISING, RECORDING AND MOTION PICTURE.)(A) Televising, Recording and Filming. Except as expressly permitted otherwise inthis Agreement, there shall be no televising, broadcasting, visual and/orsound recording, motion picture filming, video taping, other mechanical,electronic, or evolving digital means or other substantially similar current andevolving methods of recording (hereinafter “Recording”) in whole or in part, ofany production (including any element of the production over which theProducer has the right, or reasonably should have had the right, to withholdconsent to the use of said element) in which Actors are employed under theterms of this agreement without the express permission of Equity and underterms and conditions established by it. Such permission will not be withheldunreasonably. This prohibition shall be in effect from the beginning ofemployment until 19 weeks after the production has closed.(1) Request to Record or broadcast must be received by Equity at least 30days in advance unless special circumstances do not permit suchnotices.(2) If a dispute between Equity and the Producer arises under thisparagraph, it shall be subject to the Arbitration procedures set forth inRule 25 GRIEVANCES AND ARBITRATION.(B) Television Newscast, Three-Minute Excerpt. A Recording may be taken ofthe production only for the exclusive use on a Television newscast review ofthe production or a featured story on the production contained within theTelevision news program (except as provided below in Paragraph 32(B)(4),TALK SHOWS) only under the following conditions:(1) During a Rehearsal.(a) Recording and interview session shall not exceed one-half hour ofthe rehearsal.(b) The Stage Manager shall file a report with Equity giving the timeutilized for the Recording and interview session. Said report shall beinitialed by the Deputy.21

(c) Upon contemplation of Recording during a rehearsal the Producershall make every reasonable effort to:(1) Give the cast 24 hours' notice.(2) Schedule only three Recording sessions and all stations mustdo their Recording within those three times.(3) If the time of the Recording is changed, the Producer shallnotify the cast of such change and of the re-scheduled time.(2) At a Performance.(a) Recording may be for only one-half hour of footage.(b) If possible, the cast must be given 24 hours' notice.(c) When cameras are going to Record, cast must be given notice at thehalf-hour call.(d) There shall be no Recording where there is any interference with theActors or audience such as the requirement for additional lighting orthe movement of machinery.(3) Length. No more than three minutes of any Recorded portion of theperformance or rehearsal shall be shown on the Television newsbroadcast. Such three minute recording must not contain an entire selfcontainednumber or scene.(4) Talk Shows. Promotional clips may also be used on entertainmentprograms subject to the following terms and conditions:(a) The clips (not more than two on any one program) must be used aspart of a bona fide interview in which the production is beingpromoted.(b) The total amount of usage of Equity show clips on a program cannotexceed two minutes. Furthermore, a clip cannot contain all orsubstantially all of a musical number.(c) All performers seen and/or heard on a clip must have given writtenconsent to the above-described promotional use.(d) Clip usage is restricted to currently running productions only.(5) Payment. No payment shall be required provided no payments aremade to any other personnel employed in the production.(6) Stage Manager Required. An Equity Stage Manager under EquityContract is required at every Recording under this paragraph (B).(7) Violation. For any violation of paragraph (B), other than violations ofunauthorized subsequent uses of the recording, the Producer shall payone week's contractual salary to each Actor whose rights have beenbreached hereunder. Such payments shall not preclude any right in lawor equity, civil, or criminal, that arise under a breach of paragraph (B),which the Actor has against the Producer or any third party.22

(C) Advance News Rule Recording. The Producer may Record Advance NewsRule footage, provided that Producer adheres strictly to all the terms andconditions of Rule 32(B), in order to be able to supply publicity footage totelevision stations which cannot, for whatever reason, supply their own crewsto take such footage. The Producer will advise all media to whom the footageis supplied of the terms and conditions outlined in this Agreement under whichthe airing of such footage is governed. The Producer will be limited to onesuch Recording per year and remains liable for any claims resulting from anymisuse of such footage.(D) Recording for Non-Broadcast Public Relations, Fund-Raising, Marketing, orCivic Promotions. Actors performing or rehearsing in a production under theterms of this Agreement may participate, without additional compensation, inthe Recording of material for use by the Producer in public relations, fundraising,marketing, or civic promotion programs under the following terms andconditions:(1) The Actor must be fully advised as to the nature and purpose of suchRecording and must give his consent to it in writing.(2) All Recordings must occur during regularly scheduled and allowedrehearsal or performance hours.(3) A Stage Manager must be present at all Recording sessions.(4) All Actors involved must be given notice at least 24 hours prior to eachperformance or rehearsal that is to be Recorded.(5) The Producer shall receive no compensation for the exhibition of anymaterial Recorded under the terms of this provision.(6) The Producer will provide Equity with full particulars of the Recordingincluding times and places of exhibition and the names of all companiesor organizations involved in the Recording or editing of the material, aswell as details of the proposed use.(7) The Producer will provide Equity with the opportunity to view thecompleted Recording.(8) The Producer will maintain control and ownership of all materialRecorded and will ensure that it is used for no commercial purposeswhatsoever.(9) The edited recording under the terms of this provision, may constitute upto 25% of the Recorded material, if for public relations or fund-raising,but in no case more than a total of 10 minutes. Such edited recordingmay not depict an entire scene or musical number. If the recording is tobe used for civic promotion programs or for showing at point of purchaselocations (e.g., video monitors near a box office), the recording must beno more than three minutes in length.(10) The provisions of this section are not intended to allow Recording for thecreation of television commercials and may not be used in suchcommercials.23

(11) The Producer may retain and use recordings made under this Rule for aperiod not to exceed three years, after which the recordings shall betransmitted to Equity to be destroyed.(E) Web Sites. No more than 5 minutes of rehearsal and/or performance footageper production (of which no continuous sequence shall exceed 30 seconds)and up to 30 minutes total may be used, without additional compensation,except as expressly provided in this Rule 32(E), as follows:(1) On web sites of the Producer; not-for-profit arts and tourism-relatedagencies of the city, county, state and intra- and inter-state region inwhich the Producer is located; local Rotary, Chamber of Commerce andlocal not-for-profit “booster” organizations; and the TheatreCommunications Group, American Arts Alliance, and other non-for-profitArts service and Arts promotion organizations, provided the Actor shallbe fully advised as to all potential users and must give his consent inwriting;(2) On web sites of sponsors and/or supporters of the Producer, provided:(a) The Actor’s likeness is used solely to acknowledge the sponsorshipor support and is not in any way used directly or indirectly to endorsethe sponsor or a specific product of the sponsor;(b) The footage is on a separate page from any product promotion oradvertisement;(c) The Producer shall receive separate permission from the Actor,specific to the sponsor/supporter web site, which permission shallnot be a condition of employment. The Actor shall be fully advisedas to the names of sponsors and supporters and the specific website usage. Permission shall be limited to the specific sponsorsnamed and footage shall not be given later to a different sponsor.Permission shall be granted in each case for no more than two yearsfrom the time such permission is granted. The Actor may negotiate alesser time period;(d) The Producer shall indemnify the Actor against any breach of anActor exclusivity clause when such breach is a result of the use notauthorized by this Rule 32(E)(2).(3) For all web site usage, neither merchandise promotion nor ticket saleinformation shall be presented on the same “page” as the Recording, butmay be presented on a separate “page.” However, the “page” containingthe Recording may indicate how to get to the “page” which does haveinformation about merchandise or tickets. It is also understood that theremay be no promotion of any other product(s) on the “page” where theRecording will be seen without Equity’s prior written consent. If voiceoveror other live actor work performance is required, in addition to thepermitted performance footage, the applicable AFTRA/SAG Agreementsshall apply to such voice-over or other work.24

(4) Use of footage for any purpose other than specified above is strictlyprohibited. For any violation under this Rule, the Actor shall be paid noless than two weeks’ contractual salary in addition to any AFTRA or SAGamounts which may be due.(F) Archival Recordings. A Recording in whole or in part may be made for anarchive maintained by the Producer under the following terms and conditions:(1) The releases referred to in paragraph (4) below, are not to be signedprior to or at the time of contract signing.(2) Recordings of the productions shall not be loaned out or removed fromthe Theatre's premises without the written consent of Actors' EquityAssociation.(3) Recording shall take place only during a regularly scheduledperformance.(4) The Actor shall be advised as to the nature and purpose of suchRecording, and may agree to be Recorded by signing a release formprior to the date of the Recording. Such agreement shall be garnered ata company meeting by secret ballot and must be agreed to by not lessthan seventy-five percent of the company. Once the required number ofreleases are signed, the Producer shall notify Equity, in writing, that allmembers of the Company (including Stage Management Staff) havesigned and shall submit a copy of the fully executed release form toEquity. This shall occur as soon as the date of the Recording is known,but in no event shall there be less than 48 hours notice to the Actors. Ifthere is nudity involved in the production, Equity shall be notified prior tothe Actors being asked to sign a release.(5) Any rehearsal called to prepare for the Recording of the production shallrequire overtime payment to the Actors called.(6) No person connected with the production shall receive specialcompensation for the Recording. Should any other participating union,such as the Musicians Union or the Stage Hands Union, receivecompensation for their participation, then these conditions shall no longerapply and each Actor participating in the Recording shall be paid no lessthan the applicable rate for non-broadcast recordings.(7) The Producer shall provide Equity with the opportunity to view thecompleted recording.(8) The recording may be viewed by anyone employed or connectedartistically with the Producer and by scholars, teachers and students inand of the visual and performing arts and by Equity members.(9) If, at any time, New York Gilbert & Sullivan Players no longer operatesunder an Equity Agreement, all recordings shall be turned over to Actors'Equity Association or a mutually acceptable archive prior to the releaseof any bond which Equity may be holding.25

(10) If the Producer wishes to house the archive in a facility not under itsdirect control, it must petition Equity for consent.(11) The Producer shall maintain control and ownership of all recordings andwill ensure that they are not for any commercial purpose whatsoever.The Producer shall also ensure that no copies of the recording are made.(12) Any violation of any part of this Agreement shall result in a payment ofeither two weeks contractual salary or $2,000, whichever is greater, foreach breach, to each Actor whose rights have been breached hereunder,plus whatever SAG or AFTRA rate may be due.(G) Payment for Live Television Promotional Appearances. Whenever an Actorappears in costume on a news, talk or entertainment show, said Actor shall bepaid not less than one-eighth of the Actor’s contractual salary up to a cap of250% of weekly minimum salary plus the applicable AFTRA/SAG rate.(H) Use of Footage After Expiration Date of Contract. Any footage producedunder Rule 32 shall continue to be governed by the terms of this Agreementwithout regard to the expiration of this Agreement and without regard to theamendment of this Agreement except to the extent that such amendmentshall so provide.33. MILITARY SERVICE OF THE ACTOR.If the Actor is called to report for Military Service, the Actor may cancel the Actor'scontract by giving the Producer as much notice as the circumstances will permit.34. MORE REMUNERATIVE EMPLOYMENT.(A) The Actor shall be free to accept more remunerative employment in theentertainment industry of not more than one week duration upon seven days’notice in writing to the Producer (copy to Equity), The Actor shall be free toexercise this leave whether or not the Producer has hired understudies. Suchleave is an unpaid leave of absence after which the Actor is entitled andobligated to return.(B) The above notwithstanding, no Actor may take leave for more remunerativeemployment during a week that includes the first paid public performance ofany show or any performance on tour. In the event an Actor has acceptedmore remunerative employment, another Actor who either performs orunderstudies the same role shall not be entitled to more remunerativeemployment leave for the same period of time.35. NO LOCKOUTS OR STRIKES.(A) The Producer shall not lock out any of the Actors, and neither the Actors norEquity will call, sanction, or participate in any strike against the Producerduring the term of this Agreement. No Actor shall, however, be required toperform, or to enter the theatre for such purpose, if such performance orentrance would endanger the Actor's safety.26

(B) Should a strike by the Actors occur during the period of the Agreement, Equitywill be deemed not to have violated the terms of this Rule if Equity refrainsfrom assisting, encouraging or condoning and in good faith takes everyreasonable means to terminate the strike at once, and in addition theretopromptly declares publicly that the strike is unauthorized and directs theActors to cease such conduct.(C) The provisions of this Rule shall not be deemed to affect the express rights ofEquity or the Actor under Rules 6, 13, or 42.36. NOTES(A) Note sessions after performances shall be limited to one hour from curtaindown and that hour shall count toward the allowable weekly rehearsal hours.(B) Note sessions may be held only on a one-performance day.(C) Individual Actor notes may not be posted on the Callboard, except in a sealedenvelope.(D) Notes (other than written notes) may not be given during the half-hour callexcept by the Stage Manager, Dance Captain, or Fight Captain, or if initiatedby the Actor.37. PENSION FUND.(A) The Producer hereby agrees to become a participant in the Equity-LeaguePension Trust Fund and to abide by all its applicable provisions, requirementsand regulations and to execute all necessary documents, including theAgreement and Declaration of Trust establishing said Pension Fund now orhereafter adopted, or which may from time to time be adopted by thoseadministering said Fund.(B) The Producer agrees to make contributions to this Pension Fund in an amountequal to 8% of all payments received by the Actor from the first day ofemployment except for any minimum expense reimbursement required byRules12(B), CLOTHES AND MAKE-UP and Rule 8(C) BREAKS, RESTPERIODS, DAYS OFF and Rule 38 PER DIEM AND HOUSING; pluscompensation paid in acknowledgement of reasonable, legitimate promotionalexpenses.38. PER DIEM AND HOUSING.(A) For overnight performances, each Actor shall receive per diem of no less than$40.00 (per day) in addition to the Actor's contractual out-of-town salary. Ifdeparture from New York is after 2:00 pm, fifty percent (50%) of the per diemshall be payable for the day of departure. If arrival in New York is prior to 6:00pm, fifty percent (50%) of the per diem shall be payable for the day of arrival.Per diem is to be paid to the Actors prior to making the trip.(1) Commencing September 8, 2008 the per diem shall increase to $45.00.27

(B) The Producer will pay hotel room expenses. The Producer will use bestefforts to provide single occupancy accommodations to any Actor whorequests single occupancy housing. No Actor shall be subject to retaliation orreprisal of any kind by reason of his or her request for single room occupancyaccommodations.(C) All housing shall be within walking distance (defined as one-quarter mile orless) of a restaurant or, if not, the Producer shall provide time andtransportation for Actors to travel to the restaurant.39. PERFORMANCES.(A) The performance period for the New York City engagements at City Center andSymphony Space shall be no less than seven days, except for singleperformance engagements. The first paid public performance shall beconsidered the official opening.(B) There shall be no more than two performances in any day nor more than fiveperformances in any three day period except that there may be one instance inthe week in which there may be no more than six performances in a three dayperiod. The total number of hours worked on a two performance day, includinghalf-hour, shall not exceed nine hours.(C) City Center – An Actor who is engaged for three or more performances shall beengaged on a weekly Contract. Actors who perform in excess of fourperformances shall be paid at the per performance rate for each suchperformance.(D) Symphony Space – An Actor who is engaged for four or more performancesshall be engaged on a weekly Contract. Actors who perform in excess of fiveperformances shall be paid the per performance rate for each suchperformance.(E) Tours - Tours shall be limited to no more than seven performances per week. Ifa tour exceeds seven performances, each additional performance shall be paidat one-seventh of contractual salary.(F) Overnights - Overnights shall be limited to no more than four performancesover five days.(G) Runouts - Runouts shall be limited to one or more performance(s) of the sameproduction of up to a total of three and one half hours in duration (where twoshows, up to a total of two and one half hours) over one day not to exceed aspan of fourteen hours from departure call in New York City to arrival at drop offpoint in New York City.(H) Cancelled Performances - Performances may be cancelled on not less thanone week’s notice. If a performance is cancelled on less than one week’snotice, Actors shall be due contractual salary for that performance.28

40. PHOTOGRAPHS AND PUBLICITY. (See also Rule 4, BILLING ANDPROGRAMS and Rule 57, TELEVISING, RECORDING, AND MOTIONPICTURE.)(A) Individual photo calls may be scheduled at a mutually convenient time andplace. Such calls shall be on a voluntary basis, without additionalcompensation, except that if the call exceeds four hours a meal shall beprovided. The Producer shall reimburse the Actor for carfare incurred inconnection with such calls.(B) In all uses of photographs in publicity and other materials produced after thedate of this agreement under the control of the Producer, the Actor’s nameshall be properly credited for photographs in which four or fewer individualsare recognizable.(C) The Producer must obtain the Actor's prior written authorization before theActor's picture may be used in conjunction with a commercial product andsaid authorization must specify the commercial product involved.(1) If the Actor consents to the use of the Actor's picture, as aforesaid, theActor shall be paid not less than $150 for said use. Actors called to apicture call for the purpose described above, whether said call is at thetheatre or elsewhere shall be paid $100 per hour for said call, but shallbe paid no additional sums for the use of pictures taken during said call.(2) This requirement of this Section (C) shall not apply to the so-calledinstitutional ads similar in type to the department store ads on file at theoffices of Equity and the League.(D) If photographs are to be taken during a dress rehearsal or performance,Producer shall make best efforts to give the cast 24 hours’ notice but in noevent shall such notice be any later than the half-hour call.41. PRESS RELEASES.The Producer shall use reasonable care that the Producer's press departmentshall drop the name of the Actor from advertising and publicity matter as soon aspossible after the Actor leaves the company. The Actor is at liberty to announcethe Actor's subsequent engagement when or after said engagement commences.(See Rule 4, BILLING and PROGRAMS and Rule 40, PHOTOGRAPHS andPUBLICITY.)42. PRODUCTION PROSECUTED.Should the production in which the Actor is engaged be complained of as being inviolation of any statute, ordinance, or law of the United States, or any State or anymunicipality in any State, and should a claim or charge be made against the Actoron account of being engaged in such production, either civil or criminal, theProducer shall defend the Actor at the Producer's own expense, or shall pay anyand all reasonable charges laid out or incurred by the Actor in the Producer'sdefense, and indemnify the Actor against any loss or damage which the Actor maysuffer on account of being engaged in any such production. In the case of an29

arrest on account of the nature of the play or its production, the Producer shallforthwith furnish bail for the Actor; and, in the event of the Producer's failure to doso, or for any breach of this rule, the Producer shall pay to the Actor (Equityconsenting) the sum of $1,000.43. PROPERTY: REIMBURSEMENT TO ACTOR FOR LOSS OR DAMAGE.(A) The Producer shall reimburse the Actor for all loss and/or damage to theActor's property used and/or to be used in connection with the play or playscovered by this Agreement; the personal clothing worn by the Actor to thetheatre, and the personal clothing or personal effects or property worn orcarried by the Actor to auditions; and the personal effects of the Actor,including the Actor's baggage, while such property is wholly or partly in thepossession or control or under the supervision of the Producer, or under thatof any of the Producer's representatives, or while said property is in anytheatre, building or other place in which the play or plays covered by thisAgreement has been or is being given or is to be given; or when said propertyor personal effects has been in any way shipped, forwarded or stored by theProducer or any of the Producer's representatives, agents, or employees, upto a limit of $3,000 for the Actor's personal effects and/or clothing; up to a limitof $750 on the Actor's furs; up to a limit of $500 for the Actor's jewelry. Actorshall give Producer notice of any claim filed under this rule within 21 days ofthe loss and/or damage to the Actor's property.(B) Except that, if the Producer provides facilities for safekeeping the Actor'spersonal valuables, jewelry and/or cash not used in the production, while saidarticles are in any theatre, the Producer shall be liable for loss and/or damageonly if said personal valuables, jewelry and/or cash are given to the Produceror the Producer's agent for safekeeping. In this regard, the Producer agreesto provide facilities for safekeeping of said articles, and to inform all Actors ofsame and of the necessity for using such facilities (under the provisions of thisRule) by a written notice posted on the callboard. The Actor's signature onthis notice shall be deemed proper notice to the Actor of the existence ofthese facilities.(C) The Producer shall be liable as herein above provided whether or not the act,fault or negligence of the Producer, the Producer's agents, or representatives,caused or contributed to such loss or damage. The Producer, however, shallnot be liable for any loss or damage to the property of the Actor while saidproperty is under the sole and exclusive control and supervision of the Actor.(D) Except as above provided, the Producer shall not be responsible for any lossand/or damage to the personal property of the Actor over and above thelimitations herein set forth, and where as to such property it is the duty of theActor, if the Actor desires to protect him/herself against loss, to insure thesame. The Producer may meet the foregoing obligation by maintainingadequate and sufficient insurance coverage which shall provide the sameprotection as the Producer hereby assumes. Upon the direct payment of anyloss or damage to the Actor by the Producer, the Producer or the Insurer shallbe subrogated to all rights of the Actor to the extent of such payment.30

44. RATIO.(A) City Center: All Actors, including the Stage Manager and Assistant StageManager, shall be employed under Equity contracts. No more than two (2)non-professional supernumeraries may be used per production at City Center.Supernumeraries may not speak, sing, dance and may not perform specialskills such as juggling, acrobatics, mime or puppeteering. In PRINCESS IDA,no more than three supernumeraries shall be permitted(B) For all other engagements, at least 80% of the cast, not including the StageManager and Assistant Stage Manager, shall be employed under Equitycontracts provided that in no case shall more than six individuals in anyproduction be employed without an Equity contract.45. RECORDINGS USED IN PRODUCTION.(A) The Actor shall not be required to work in any company where recordings areused to supply dialogue, singing and chanting, or business where live Actorsmight be employed, unless the Producer shall have first obtained the writtenconsent and permission of Equity, and shall comply with all such terms andconditions as Equity may prescribe.(B) However, the consent of Equity shall not be required for a Principal Actor torecord a portion of the role which the Actor performs live on stage for use inthe Production, provided the recording is made with the Actor's consent; andfurther provided that the recording is made during the regular rehearsal hours.The recording is to be used only during the period in which the Actor isemployed provided, however, that the following shall apply if the Actorterminates his/her employment and the recorded voice is not a character theActor portrays live on stage:(1) If the Actor terminates during rehearsal the Producer shall have 26weeks’ use of the recording in performance at no additionalcompensation.(2) If the Actor terminates during previews (prior to the official opening), theProducer shall have 13 weeks’ use of the recording in performance at noadditional compensation.(3) If the Actor terminates after the official opening, the Producer shall haveuse of the recording for no additional compensation for the period equalto the length of the Actor’s notice clause.(C) In the event no one in the cast is appropriate for the purpose of making arecording for use in the production, the Producer may hire an Actor at theAFTRA non-broadcast, off-camera daily rate provided no more than twominutes of such recorded material is used in the production for each suchActor. Any recording so produced may be used for that one production only.(D) This provision will not apply to recognizable “star” voices and Equity will notrequire payment for same provided the Producer obtains written permissionfrom any such star currently living. The definition of “star” shall be determinedby Equity in its sole discretion.31

46. REHEARSALS.(A) All rehearsals shall be scheduled at the convenience of the Actor, and thereshall be a minimum rehearsal call of two hours. Additionally, each Actor shallbe guaranteed not less than three hours of rehearsal pay per weekcommencing with the first week in which said Actor is scheduled for rehearsalfor a particular production (except that the foregoing minimum hours shall notapply in any week in which a holiday or performance of another productionfalls).(B) On one-performance days, (a) if the performance is three and one-half hours orless (including half-hour), rehearsal shall not exceed five consecutive hours; (b)if the performance is over three and one-half hours (including half-hour),rehearsal shall not exceed four and one-half consecutive hours.47. REPORTS.(1) After the official opening or one-week following the first paid publicperformance of the Actor's final production of the season, whichevercomes first, rehearsals shall be limited to ten hours per week forbrush-up and replacements only.(2) If a company is on tour rehearsals shall be for brush-up and replacementsonly and limited to ten hours per week.(3) Actors receiving weekly salary during the City Center engagement may becalled to rehearse no more than ten hours during the week of theengagement. These ten hours are included in the weekly salary. Anyadditional rehearsal hours must be paid at the hourly rehearsal rate.These ten hours may be used only for the production being performed.(4) Actors receiving weekly salary during the Symphony Space engagementmay be called to rehearse no more than ten hours during the week of theengagement. These ten hours are included in the weekly salary. Anyadditional rehearsal hours must be paid at the hourly rehearsal rate.These ten hours may be used only for the production being performed.(A) The Producer must furnish Equity, on an appropriate form with a weekly"Pension and Health" report listing all Actors employed by the Friday followingthe last performance of the workweek. Failure to file such reports shallconstitute a breach of Equity Rules, entitling Equity, among other things andwithout any limitation, to refuse to release the balance of the securitydeposited with Equity until the above requirements are met.(B) The Producer, provided the Producer does not file Pension and Health reportsfor four weeks, shall pay to the Actors' Equity Foundation, Inc. the sum of $25for each subsequent week of failure to file.(C) Pension and Health Reports shall be sent to:(1) AEA Contracts Department;(2) AEA Membership Department;32

(3) Equity League Health Trust Fund;(4) Equity League Pension Trust Fund.48. SAFE AND SANITARY CONDITIONS OF EMPLOYMENT.The Producer shall provide safe and sanitary conditions of employment. No Actorshall be employed in any theatre that fails to maintain proper sanitary facilities asherein set forth.(A) Dressing Rooms.(1) Separate dressing areas for men and women shall be provided whichare discrete enclosures ensuring privacy.(2) Separate sanitary facilities shall be provided for male and female Actorsto the extent such facilities are available at the theater. Toilets andlavatories shall be clean and sanitary, and shall be separate facilitiesfrom those provided for the audience.(3) The Producer shall provide soap, toilet tissue and paper towels.(4) Sinks with hot and cold running water shall be available in or reasonablyconvenient to the dressing room. "Reasonably convenient to" shall meanwithin the same building and in the dressing room area.(5) Access to a shower shall be provided.(6) Any walkway between the dressing rooms and toilet facilities shall bemasked from the view of the audience.(7) To the extent practicable in view of the facilities available at the theater,all dressing rooms shall be properly heated in cold weather and shall beproperly air conditioned in warm weather and shall have adequate lights,mirrors at least one foot by two feet in dimension, 30 inches of dressingtable space for each Actor, shelves and wardrobe hooks for Actors'make-up and dressing equipment, and clothing racks or their equivalentwith hangers for the Actors' personal clothes. Floors shall be washed orvacuumed at least once each week, and dressing rooms cleaned at leastonce each working day.(8) Use of fluorescent lighting for make-up purposes is prohibited.(9) All dressing rooms shall be maintained in a clean and sanitary condition.Peeling paint and loose plaster shall be repaired.(10) Ventilation of dressing rooms shall meet the standards set by themunicipal health codes.(B) Backstage and Onstage.(1) The Producer shall provide a cot backstage for any performer who maybecome ill during a rehearsal or performance.(2) First Aid kits, stocked with adequate supplies, shall be available andeasily accessible at all times to dressing rooms and rehearsal areas.33

(3) The Producer shall provide cool drinking water backstage.(4) Emergency lighting shall be installed and maintained.(5) An adequate number of fire extinguishers shall be provided backstageand in the dressing rooms.(6) Fire exits shall be clearly marked and illuminated and completelyaccessible from the backstage and dressing room area.(7) The set shall contain adequate safety provisions such as glow tape,running lights and secure guardrails on platforms, ramps and stairs.(C) Stage and/or Rehearsal Floors.(1) Actors shall not be required to rehearse, audition or perform dances onconcrete or marble floors or any other surfaces which poses anunreasonable risk of injury, or on wood or any other substance laiddirectly over such similar surfaces which does not provide air space of atleast one and five-eighths inches between the concrete, or marble, orsimilar supporting surface and the resilient dancing surface.(2) Prior to the construction of any "new" raked stage or inclined playingsurface (i.e. ramps, set pieces, etc.) after the start of this Agreementcommencing on September 6, 2004, the Producer shall promptly notifyEquity in writing of such plans and provide such information as Equitymay reasonably request. The use of any raked stage or inclined playingsurface constructed after September 6, 2004, is subject to approval byEquity.(3) All previously constructed sets, including platforms, stair units, allinclined playing surfaces (i.e. raked stages, ramps, set pieces, etc.), builtprior to the start of this Agreement commencing on September 6, 2004,will be considered grand-fathered. However, the Producer agrees todiscuss with Equity any safety concerns regarding, but not limited to,staging and choreography, costumes, shoes, etc. on these previouslyconstructed sets. If Equity determines there is a safety concern theProducer will be advised by Equity and will take the necessary steps toensure that those utilizing the set are safe. It is not the intent of Equity tointerfere with proper artistic judgments of the Producer but only to protectthe Actor from injury.(4) Symphony Space. It is understood that the permanent floor of theSymphony Space stage (under the show deck) creates an incline of lessthan ¼" per foot to the show deck. Equity will not object to the slope ofthis permanent floor.(5) Where a portable stage is used, platforms shall be securely fastened andthe stage completely covered by a level deck or decks of such materialas wood or masonite. The edge of all decks shall be clearly visible and/orguard rails fastened in order to preclude the possibility of injury. Pits notin use shall be completely covered by a non-flexible material adequatelysupported to prevent accident or injury.34

(6) All backstage stairs and step units shall have non-sliptreads, luminousmarkings and when necessary, guard rails.(D) Smoking. In theatres and rehearsal areas where smoking may be permitted,only non-common areas may be designated for smoking by the Producer.(E) Hazardous Materials.(1) Make-up. Whenever the Producer provides make-up, hair coloring, wigs,or other material, they shall be free of fluorocarbons or hazardouschemicals.(2) Sets, Props and Costumes. Sets, props and costumes shall beconstructed in such a manner that there shall be no toxic or hazardousresidue that might be inhaled, absorbed or ingested.(3) Use and Storage of Toxic or Hazardous Materials. Toxic or hazardousmaterials, including solvents, adhesives, cleaning agents, paints, dyes,and pyrotechnic effects, if stored in the theatre, shall not be stored onstage or in or near dressing rooms. If volatile materials are used in thetheatre, forced air exhaust shall be provided and such materials shall beconfined to rooms not occupied by the Actor. Smoking shall be strictlyprohibited during use of such materials.(4) Rehearsals and/or Performance. Adequate rehearsal shall be provided inthe use and safety of all props, lighting effects, mechanical orpyrotechnic devices, weapons and costumes for all Actors, understudiesand/or replacements before they are required to perform in front of anaudience.(5) Lasers. Laser lighting effects shall be maintained and operated in suchmanner as to avoid injury to the Actor. Applicable federal, state, and locallaws shall govern all such use.(F) Smoke and Haze Effects.(1) Permitted Substances. The Producer agrees to use only dry ice, liquidnitrogen, or substances listed in, and in accordance with the specifiedlimits set forth in the HEALTH EFFECTS EVALUATION OFTHEATRICAL SMOKE, HAZE AND PYROTECHNICS.(2) Notice Requirement. Prior to the use of any smoke or haze effect, theProducer must send written notification to Equity. The Producer mustnotify Equity of the name of the manufacturer, machine, fluid,attachments, any other products to be used and whether the effect willbe following the time and distance calculations in the EQUIPMENT-BASED GUIDELINES FOR THE USE OF THEATRICAL SMOKE ANDHAZE or a portable air-sampling monitor as outlined in the EVALUATIONOF SHORT-TERM EXPOSURES TO THEATRICAL SMOKE AND HAZEAIR SAMPLING PROTOCOL both prepared by ENVIRON InternationalCorporation dated May 14, 2001 and as may be amended by Environand Mount Sinai.35

49. SALARIES.(3) Thereafter, the Producer must notify Equity, in writing, of any changesand/or additions to the original notification not later than 72 hours prior tothe first use. The Producer must post all written notifications to theActors' callboard.(A) The minimum rehearsal salary for Actors and Stage Managers in New YorkCity for the 2010-2011 season shall be no less than $13.00 per hour or partthereof. Actors shall be paid for services during the rehearsal period withinone week after the accumulation of 15 hours. This amount shall increase to$13.50 per hour or part thereof for 2011-2012 season and $14.00 per hour orpart thereof for the 2012-2013 season.(B) CITY CENTER(1) The minimum weekly performance salary for 2010-2011 engagement atCity Center shall be:WEEKLY PER PERFORMANCEACTOR: $597.00 $178.00STAGE MANAGER $716.00 $215.00ASSISTANT STAGE MANAGER $657.00 $199.00(2) The minimum weekly performance salary for 2011-2012 engagement atCity Center shall be:WEEKLY PER PERFORMANCEACTOR: $609.00 $182.00STAGE MANAGER $730.00 $219.00ASSISTANT STAGE MANAGER $670.00 $203.00(3) The minimum weekly performance salary for 2012-2013 engagement atCity Center shall be:WEEKLY PER PERFORMANCEACTOR: $621.00 $185.00STAGE MANAGER $745.00 $224.00ASSISTANT STAGE MANAGER $683.00 $207.00(C) SYMPHONY SPACE(1) The minimum weekly performance salary for 2010-2011 engagements atSymphony Space shall be:WEEKLY PER PERFORMANCEACTOR: $371.00 $93.00STAGE MANAGER $448.00 $112.00ASSISTANT STAGE MANAGER $410.00 $103.00(2) The minimum weekly performance salary for 2011-2012 engagements atSymphony Space shall be:WEEKLY PER PERFORMANCEACTOR: $378.00 $95.00STAGE MANAGER $457.00 $114.00ASSISTANT STAGE MANAGER $418.00 $105.0036

(3) The minimum weekly performance salary for 2012-2013 engagements atSymphony Space shall be:WEEKLY PER PERFORMANCEACTOR: $386.00 $97.00STAGE MANAGER $466.00 $116.00ASSISTANT STAGE MANAGER $426.00 $107.00(D) TOURS(1) The minimum salary for the 2010-2011 Tours shall be:ACTOR: $771.00STAGE MANAGER: $917.00ASSISTANT STAGE MANAGER: $778.00(2) The minimum salary for the 2011-2012 Tours shall be:ACTOR: $786.00STAGE MANAGER: $943.00ASSISTANT STAGE MANAGER: $794.00(3) The minimum salary for the 2012-2013 Tours shall be:ACTOR: $802.00STAGE MANAGER: $962.00ASSISTANT STAGE MANAGER: $810.00(E) RUNOUTS/OVERNIGHTS(1) The minimum per performance salary for the 2010-2011 season Run-Outsand Overnights shall be:RUN-OUTS OVERNIGHTSACTOR: $143.00 $166.00STAGE MANAGER: $166.00 $191.00ASSISTANT STAGE MANAGER: $155.00 $177.00(2) The minimum per performance salary for the 2011-2012 season Run-Outsand Overnights shall be:RUN-OUTS OVERNIGHTSACTOR: $146.00 $169.00STAGE MANAGER: $175.00 $203.00ASSISTANT STAGE MANAGER: $160.00 $186.00(3) The minimum per performance salary for the 2012-2013 season Run-Outsand Overnights shall be:RUN-OUTS OVERNIGHTSACTOR: $149.00 $173.00STAGE MANAGER: $179.00 $207.00ASSISTANT STAGE MANAGER: $164.00 $190.00(F) Checks: When Check is Payment. No check or draft, either of the Produceror a third party, given to or received by the Actor in payment of any sum dueunder the Actor's contract of employment shall operate to minimize or affectthe Actor's claim for salary or other compensation under the Actor's contract,and the receipt or acceptance of any such checks, drafts, etc., shall have noeffect whatsoever unless and until paid in full when presented for payment.37

(G) Actual Salary. The actual salary of the Actor agreed upon shall be stated inthe contract and a lesser or fictitious salary shall not be stated in the contract.A new contract will be issued and signed whenever the Actor's salary isincreased.(H) Additional Duties. The Actor shall not be required to do any additional workwithout mutual agreement and an additional negotiated compensationtherefore. Additional work is defined as playing additional parts, doingadditional understudying, loading or unloading physical properties includingbut not limited to sets, props, costumes, lights, prior to or following anyengagement or doing additional work as Assistant Stage Manager, notspecified in the Actor's contract at the time of its original signing.(I)Set Moves.(1) Definition of Work Permitted Without Additional Compensation:(a) Actor shall be permitted, without payment of additionalcompensation, to set props and small set pieces, and to movefurniture and set pieces specifically designed to be easily utilized bysuch Actor, provided that such action is within the scope of theActor’s character in the play and that such movement wouldcustomarily be performed by such a character during the actiondepicted in the play. In no event may an actor be required to pre-setscenery before the show or at intermission, nor shall any actor berequired to strike scenery at intermission or after the show exceptwhen such pre-set or strike takes place in view of the audience (avista). This shall not preclude an Actor from choosing to pre-sethis/her own props.(b) Actor shall be permitted, without payment of additionalcompensation, to set props and small set pieces and to movefurniture and set pieces specifically designed to be easily utilized bysuch Actor, provided that such action coincides with Actor’s entranceinto (or exit from) a scene in which the Actor takes part as an integraland necessary participant in the staged plot. Such movement neednot be attributed customarily to any character during the actiondepicted in the play. Resetting of props in a scene by Actorsparticipating in said scene, shall be permitted.(2) Definition of Work Permitted With Additional Compensation.(a) Actor shall be permitted, upon payment of additional compensationto make entrances and exits for the primary purpose of setting propsand small set pieces and for moving furniture and set piecesspecifically designed to be easily utilized by such Actor, provided thatsuch assignments do not prevent or preclude the Actor from fulfillingActor’s customary duties as an Actor.(b) Actors shall be paid additional compensation, if assigned specialblocking (staging), the primary purpose of which is to set props,small set pieces, move furniture, and set pieces specifically designed38

to be easily utilized by such Actor. Such assignments shall notprevent or preclude the Actor fulfilling Actor’s customary contractualduties as an Actor. Special blocking (staging) shall be defined asblocking (staging) which requires Actor to arbitrarily remove himselfor his character from the action flowing out of and related to the plotof the play in order to accomplish the prop or set move, interrupt theflow of Action on the stage, or any such move accomplished duringsuch interruption of the action of the play, including but not limited tothose accomplished during blackouts, dim-outs, or such otherconventional interruptions during which scene shifts take place.(3) Definition of Work Not Permitted Except With the Permission of andUnder Terms Satisfactory to Equity.(a) Set or prop moves which are inherently hazardous due to location onstage, weights of the set piece or prop, construction, pyrotechnic orelectrical effects, proximity to machinery or simultaneous movementof other scenery or effects shall not be undertaken by the Actorwithout the express consent of Equity.(b) Set or prop moves or other assignments not customarily undertakenby the Actor which interfere with the normal work of the Actor or forwhich the Actor may be engaged to the exclusion of work normallyassigned to an Actor shall not be undertaken without the expressconsent of Equity under the terms satisfactory to it.(4) Compensation.(a) Additional duties as defined hereunder shall be assigned to the Actorby Rider to Actor’s employment contract. It is agreed thatassignments may be withdrawn or reassigned at the discretion of theProducer and that additional compensation payable hereunder maylikewise be adjusted upon execution of a rider to the Actor’semployment contract. The Actor shall not be required to do any setor prop moves without mutual agreement and an additionalnegotiated compensation therefore.(b) An Actor who performs as a Swing, Understudy, or temporaryreplacement in a part which involves set or prop moves for whichadditional compensation is required, shall be contracted as outlinedabove and shall be paid pro-rata for each performance.(c) Payment hereunder shall be in addition to Actor’s contractual salaryunless Actor has agreed at the time of signing Actor’s originalcontract of employment that any payments over minimum salaryshall cover set and prop moves as set forth herein.(J) Payment Due. All salaries shall be paid to the Actor the day before the lastbanking day in the week. When paid, the Actor shall be issued a stub or otherrecord of gross salary, increments and dates thereof, itemized deductions,and net salary. Upon request, the Actor shall be furnished with a writtenitemized account of services rendered and payment thereof including but not39

50. SCORESlimited to rehearsal hours, performances, and overtime. If the Produceremploys a computerized payroll service, the computer generated paycheckshall include year-to-date calculations. When touring, Actor shall be paidwithin seven days of the Actor’s return.The Producer may require each Actor to provide his own score. The Actor, at hisoption, may either retain the score for his personal use or request reimbursement ofthe cost of the score from the Producer. If the Actor requests reimbursement, thescore shall become the property of the Producer.51. SECRET VOTE.(A) At all meetings of the AEA members of the company called by the Deputyand/or Stage Manager the vote shall be by secret ballot.(B) Should any situation arise where the Producer wishes the company toconsider any proposition not covered by the Standard Equity contracts ofemployment or Equity rules, the Producer shall notify the Deputy and theStage Manager and the Deputy shall arrange a meeting of the cast which maybe held at the theatre where the company is playing.(C) At such meeting or meetings, neither the Producer nor the Producer'srepresentative shall be present other than to explain the Producer's position.Any proposed action by the cast shall not, however, be binding without thewritten approval of Equity.(D) The determination of the Council of Equity as to any issue arising under theabove provision shall be final and binding upon the Producer and eachmember.52. SECURITY AND SECURITY AGREEMENTS.(A) The provisions of any and all agreements relating to security deposited oragreed to be deposited with Equity covering any employment under thisagreement and any contracts of employment are hereby adopted and madepart of this agreement and said contracts. This includes agreements on formsnow called "Bond," "Security Agreement," "Authority by Principal" and"Producer's Statement."(B) It is of the essence of this agreement and all contracts of employment and acondition precedent to the engagement of the Actor that the Producer shallhave filed and maintain with Equity a satisfactory security as required byEquity's existing Security Agreement and Rules.(C) Bond.(1) A sum equal to a minimum of one week’s contractual salary for all Actorsunder contract plus the applicable pension and health for two weeksshall be deposited as security with Actors' Equity Association in a formacceptable to Equity.40

(2) An additional sum of $200 shall be deposited which shall represent apotential bookkeeping charge to be retained by Actors' EquityAssociation should it be called upon to deduct money from the bond.(3) An additional sum of 15% of the total of the one week’s salaries, benefitsand bookkeeping fee which shall represent a contingency fee to beretained by Actors' Equity Association should it be called upon to deductmoney from the bond.(4) The entire bond, including the potential bookkeeping charge, isreturnable to the guarantor 28 days after the termination of theengagement and after all the Producer's obligations have been met.53. SOCIAL SECURITY - UNEMPLOYMENT INSURANCE.(A) It is understood and agreed that the Actor is entitled to the benefit of allFederal and State enactments constituting what is commonly known anddesignated as Social Security Acts or Laws including Old-Age andUnemployment Insurance and that the Producer during the term of the Actor'scontract shall pay any and all taxes or payments required to be paid byemployers under the provisions of said law.(B) The Producer agrees to provide Social Security Benefits under the electiveprovisions of the Social Security Law, if the Producer is not required toprovide benefits under the law.(C) In the event the services of the Actor are not subject to the compulsoryprovisions of the New York State Unemployment Insurance Law, then theProducer hereby agrees that the Producer will elect to cover the Actor andpay contribution on the earnings of the Actor under the elective provisions ofsaid Law.(D) In the event the Producer fails to apply for Unemployment InsuranceCoverage or withdraws or modifies any application for such coverage withoutthe written consent of Equity, or fails to elect coverage within the time requiredby applicable state law, or fails to pay the required insurance contributions tothe appropriate state agencies within the time required, the Producer in thatevent must pay to the Actor the equivalent of any Unemployment InsuranceBenefits the Actor may lose as a result thereby. This obligation shall survivethe termination of the Actor's Contract of Employment.(E) The Producer agrees to furnish the Producer's unemployment registrationnumber to the Actor and to Equity as soon as such number is assigned to theProducer.54. STAGE FIGHTING.The following regulations shall govern whenever a production requires Actors toenact a fight:(A) The Actor shall agree in a contract rider to participate in stage fighting.41

(B) At the express discretion of the Stage Manager, all Actors who participate in afight may be required to run through the routine or any 10 minute segment ofit before half hour of each performance, except before the secondperformance on a twi-night performance night.(C) Whenever possible, performing members of the company shall rehearse fightswith Understudies during regular rehearsal hours.(D) After the official opening, the Stage Manager must be consulted before anychanges are made in a fight routine.(E) Such stage fighting rehearsals (in B above) shall be exempt from regularrehearsal hours and shall be exempt from overtime.(F) In the absence of a qualified Fight Captain in the company, the Produceragrees to call the Fight Director or his/her designee when Producer orProducer’s designee deems it necessary, after consultation with the StageManager.(G) The Producer shall provide any necessary protective clothing for rehearsaland/or performance. (See Rule 12(F))(H) Proper first-aid information and equipment (including ice-packs) shall be madeavailable at any rehearsal or performance site where stage fighting/violenceoccurs. (See Rule 48(B)(2).)(I)Weapons. Whenever firearms are used in a production, there shall be asafety demonstration for the entire company, prior to the first paid publicperformance, or use of firearms in rehearsal, whichever occurs first whichdemonstration time shall be counted as rehearsal time. Thereafter, safetydemonstrations and/or instructions shall be required for all affectedreplacement Actors as well as Swings and Understudies, before their first paidpublic performance, which demonstration time shall be counted as rehearsaltime. Brush-up safety demonstrations and/or instructions shall be required atleast once each year which demonstration time shall not be counted asrehearsal time nor compensated but shall be in addition to rehearsal orperformance. Attendance at the yearly demonstration shall be mandatory.55. STAGE MANAGERS AND ASSISTANT STAGE MANAGERS.(A) An Equity Stage Manager shall be engaged for all rehearsals and performancesof productions hereunder and shall be employed for no less than 24 hours priorto the beginning of the season and paid at the rehearsal rate. An EquityAssistant Stage Manager shall also be engaged for all rehearsals andperformances of productions hereunder. In the event that neither the StageManager nor the Assistant Stage Manager is available to attend a scheduledrehearsal, an Actor/ASM may be designated by the Producer to perform theduties of the Stage Manager during any such rehearsal. The hourly rehearsalrate shall be paid for all such work unless the Actor/ASM has also been calledto the rehearsal as an Actor in which event double rehearsal rate shall be due.The Stage Manager and Assistant Stage Manager must be present for all42

performances. Neither a Stage Manager nor Assistant Stage Manager shall berequired to attend sessions for which only one Actor is called.(B) Working Conditions for Stage Managers and Assistant Stage Managers(1) The Stage Manager and Assistant Stage Manager shall not be requiredto perform the following, unless they are contracted and compensatedseparately from the Equity contract:(2) Perform the duties which are properly those of stagehands, housemanagement staff or box office personnel.(3) Design, build, hang, operate or shop for lights, sound, scenery, props orwardrobe, etc.(4) Be responsible for any aspect of laundry or dry cleaning.(C) Assistant Stage Managers: It is agreed and understood that the primary dutiesof the Assistant Stage Manager are to monitor safety backstage and on stage,to check presets and supervise scene changes, and to assist and back up theStage Manager. The Producer agrees to hire stagehands as necessary to doscene shifts.(D) The Assistant Stage Manager may participate as necessary in scene shifts tothe extent that such participation does not interfere with the ASM’s primaryduties.56. SUSPENSION FOR CAUSE.(A) Whenever Equity notifies the Producer in writing that the Actor has beensuspended by Equity or has otherwise ceased to be a member thereof ingood standing, the Actor's Contract of Employment shall terminate forthwith,provided in said notice Equity expressly requests or consents to suchtermination. Said contract shall terminate as shall be provided or required insaid notice from Equity.(B) The Producer must comply with this Rule within two weeks from the date ofnotice from Equity.57. TELEVISING, RECORDING AND MOTION PICTURE.Please see rule 32 MEDIA: RECORDING AND BROADCAST.58. TERMINATION (See also Rule 34, MORE REMUNERATIVE EMPLOYMENT.)Either party may terminate the contract at any time by giving the other party no lessthan two weeks’ written notice, a copy of which shall be filed with Equity.43

59. TOURS. (See Rules 38 PER DIEM AND HOUSING, 39(E) PERFORMANCES,49(D) SALARIES and 60 TRANSPORTATION.)60. TRANSPORTATION(A) Producer’s Obligations. The Producer, at his own expense, shall transport theActor whenever the Actor is required to travel to and from New York City.(1) The Actor shall travel by such routes as the Producer may direct or asotherwise agreed in writing between the Actor and the Producer. In noevent shall any agreement provide for a payment to the Actor of a sumless than the Producer’s lowest actual cost for individual airline, or otherpublic carrier, tickets. In the absence of such agreement, the Producer isrelieved of the obligation to provide reimbursement therefor.(2) If, in an emergency, it should become impossible for the Producer tocomply with the above conditions and he instructs the Actor to make hisown travel arrangements, the Producer shall reimburse the Actor in anamount equal to the actual sum spent by the Actor for transportation.(3) When the point of departure is an airport, the Producer shall eitherprovide ground transportation to and from Manhattan or reimburse eachActor (up to $30 per person each way) for ground transportation to andfrom the Actor’s residence and the airport.(4) When the point of departure is in Manhattan, Producer shall reimburseeach Actor (up to $10 per person each way) for ground transportation toand from the Actor’s residence to the point of departure. This provisionshall apply to tours only.(5) The total span of day shall be no more than twelve hours. When point ofdeparture is an airport, span of day shall commence and be computedfrom two hours prior to the scheduled flight departure time. When point ofdeparture is in Manhattan, span of day shall commence and becomputed from the time the bus is scheduled to leave. In all cases, thespan of day ends at curtain down. If the span of day is exceeded, theProducer shall pay each Actor the overtime rate for each hour or partthereof that exceeds the twelve hour span. This rule shall not apply toengagements at Wolf Trap. Wolf Trap engagements shall be governed bythe following rule regarding span of day:(a) Wolf Trap: The twelve hour span of day will not apply during the2007-2008 season. The twelve hour span of day shall apply duringthe 2008-2009 season, however any breaks or rest periods inaddition to the applicable minimum required will be credited to thespan. The twelve hour span shall apply with no exception toengagements at Wolf Trap commencing with the 2009-2010 season.(6) For overnights and runouts, the Producer has the option to travel thecompany one day earlier than the first performance. In suchcircumstances housing must be provided at the Producer’s expense;44

(B) Air Travel.however the Producer is not obligated to pay salary or a per diem for thetravel day.(1) Air travel must be by FAA certified scheduled airlines, and not bynon-scheduled or private airlines.(2) Travel between the hours of 8:00 A.M. and 8:00 P.M., which is of less thanfive scheduled hours duration and where meals are provided at theProducer's expense, may be on scheduled tourist or coach flights on FAAcertified airlines. Producer may request an exception to extend to 10:00p.m. which, upon given sufficient reason, shall not be unreasonablywithheld. Should there be no scheduled flights between 8:00 A.M. and8:00 P.M., travel may be between the hours of 7:00 A.M. and 10:00 P.M.In addition, tourist or coach travel shall be permitted on non-stop jet flightsfrom coast to coast provided such travel does not exceed six scheduledhours. Where no non-stop flights are scheduled from coast to coast, directflights may be utilized, in which case travel shall not exceed eightscheduled hours. Air travel under any other circumstances shall be FirstClass.(3) The Producer shall inform the Actor as to whether he provides air travelinsurance. If the Producer provides such insurance, but fails to notify theActor by rider, the Actor who purchases air travel insurance shall bereimbursed, upon proof of purchase, for the premium cost of such airtravel insurance up to the amount of One Hundred Thousand Dollars.(4) If delay en route in air travel occurs, all expenses usually paid orfurnished the traveler under first-class travel, and not paid to the Actor bythe airlines, shall be reimbursed, upon proof of expense, to the Actor bythe Producer.(C) Bus Travel. All bus travel shall be made under the following rules:(1) While on tour, travel shall be between the hours of 8:00 a.m. and 8:00p.m. except in the case of travel following a matinee performance andshall not exceed 10 hours. The Producer may request an extension to10:00 p.m. which upon sufficient reason, shall not be unreasonablywithheld.(2) Routing. The Producer shall submit to Equity and the Deputies a detailedrouting of any proposed bus tour based on the following schedule ofmaximum hours per each day of travel:Double Performance Days... 3 hoursSingle Performance Days..... 6 hoursNon-Performance Days ..... 10 hours(3) The route sheet shall contain places of performance, mileage betweencities, estimated hours of travel and a performance schedule. The routesheet and performance schedule shall be submitted prior to thecommencement of the tour. Subsequent route sheets and performance45

schedules shall be submitted to Equity and the Deputies as bookings arearranged. Performance schedules must be provided at least two weeksprior to the performance and shall include dates, times, places and title ofplay to be performed. A representative of the Producer shall travel withthe company on the bus at all times.(4) Comfort and Safety. The Producer agrees that the bus shall be equal incomfort, condition and safety to those used by first-class long distance buscompanies and that it shall be equipped with heat, air conditioning,separate luggage quarters and seating accommodations for eachmember. The Producer shall instruct the driver to obey all trafficregulations and speed and safety rules of city or state.(5) Travel time shall commence and be computed from the time the bus isscheduled to leave. The Actor shall be prompt for all bus calls and shallmake his/baggage available for loading at least fifteen minutes prior to thescheduled departure time. If an Actor is responsible for a delay at anytime, such delay shall not be counted as part of the travel time of thecompany. The Producer may, for the convenience of the company,schedule a second pickup, in which event travel time shall commencefrom the scheduled departure from the second pickup. Computation oftravel time shall end upon arrival of the bus at the first hotel at which theActors are residing.(6) Overtime Travel. If the applicable travel time set forth in paragraph (2)above is exceeded, the Producer shall pay each Actor the overtime ratefor each hour or part thereof of overtime travel, up to two hours ofovertime. If travel overtime exceeds two hours, the overtime paymentshall be doubled. Payment of any overtime due shall be included with thesalary payment of the week following the week during which the overtimetravel has occurred, and shall be identified as travel overtime.(7) Travel time shall not include time lost due to accidents on the road or otherunforeseeable conditions, or time lost by inspections by State Officialswhile crossing state borders or going through Customs at InternationalBorders. Should there be more than two breakdowns in a one- monthperiod, Equity shall have the right to require the Producer to furnish adifferent bus.(8) There shall be a minimum of one ten-minute comfort stop during each twohours of travel unless the bus has lavatory facilities. The first ten minutesof such comfort stops shall be deemed part of the travel time. Timesbeyond the first ten minutes, if any, shall not be deemed part of the traveltime.(9) Within the first four hour travel period, there shall be no less than a onehour stop for a meal. After this first stop, meal stops shall occur atintervals not to exceed five hours. If, however, the trip does notcommence until after 12:00 Noon, the first meal stop need not occur forfive hours. The actual time utilized for such meal stops shall not beconsidered part of the travel time.46

(10) The bus, upon arriving at its destination, will first deliver the Actors totheir hotels except where there is no hotel at the venue location or thereis a matinee performance prior to hotel check-in(11) In every case where the theatre is situated more than one-quarter milefrom the hotel, the bus will transport the Actor to the theatre and return tothe hotel after the performance. The bus shall leave the theatre when allActors are ready to be transported to the hotels. The time of the busdeparture should not be later than thirty minutes after the final curtain.Should the Producer delay the departure of the bus from the theatrebeyond thirty minutes, the time of arrival at the hotel shall mark thebeginning of the time for the required rest period.(12) Travel time from the theatre to the last hotel, including the thirty minutebus departure interval referred to in (11) above, shall not exceed onehour.(13) No pets shall be allowed on company buses without the express consentof the Producer.(14) It is understood that no person shall be allowed to ride on the bus withthe company unless they are a bona fide employee engaged for the tourexcept by express consent of the Producer.(15) The bus captain shall be designated the company manager, in associationwith the General Manager. The Producer shall ensure that the companymanager is provided with sufficient cash and/or a credit card to addressemergencies relating to the company’s hotel, food service and travelarrangements. The company manager shall have, or have access to, acell phone. The Producer shall provide written instructions to the companymanager concerning his/her duties.(D) Night Travel.While on tour, there shall be no night travel without Equity’s prior written consentwhich, upon given sufficient reason, shall not be unreasonably withheld. Nighttravel shall be defined as being between the hours of 10:00 p.m. and 6:00 a.m.(E) Rest Periods. (See also Rule 8, BREAKS, REST PERIODS, DAYS OFF)(1) The Producer agrees that there will be one day off in each week free of allperformances and rehearsals, after opening. On tour, a day off mayconsist of at least 36 hours off (measured from curtain down) over 2consecutive days. Such days off in each week shall be no further apartthan nine consecutive performance days. For any performance beyondnine consecutive performance days without a day off, each Actor shall bepaid an additional three-sixteenths of his/her weekly salary for eachperformance. Travel to the next playing date, if necessary, will notconstitute a breach of this paragraph, requiring extra payment. However,there shall be one day free of rehearsals, performances and travel everytwo weeks.47

(2) The company shall not be required to rehearse until one and one-halfhours after arrival at hotel, except in the case of replacements; wherethere is no hotel at the venue location; where there is a matineeperformance prior to hotel check in; or necessary spacing rehearsals.When transportation is directly to the Actor's hotel and travel time does notexceed three hours from point of departure, two hours shall comprise theaforesaid rest period.(3) There shall be at least one and one-half hours between the arrival in townor the end of a previous performance and half-hour, which can be reducedto one hour by the Deputy. If the end of a previous performance is lessthan one and one-half hours prior to half-hour, the Producer shall providea meal at the theatre, or, if food is readily available, $15 to each Actor. Inthe event that the arrival in town is less than 1½ hours prior to half hour,and the company has not had its proper meal break, the Producer shallprovide a meal at the theatre, or, if food is readily available, $15 to eachActor. The break between performances specified in this section shall notapply to school performances of one and one-half hours’ or less duration.(4) There shall be an interval of at least ten hours between curtain down andthe bus call for the next day's travel. In the case of consecutive daysbeing completely devoted to travel with no performance, there shall be aninterval of at least twelve hours between the termination of one day’s busjourney and the beginning of the following day's bus journey. Theminimum interval may be reduced to eight hours after the finalperformance of a tour or overnight.61. UNDERSTUDIES.(A) Understudies shall not be required hereunder; however, salaries may not bereduced to compensate for lost performances if Equity understudies have notbeen engaged. Replacements and Understudies, if any, must be engagedunder an approved Equity employment contract.(B) If any performing member of the cast understudies a Principal role, the Actorshall receive either:(1) No less than $10.00 in addition to the Actor’s own weekly salary or $5.00in addition to the Actor’s per performance salary for each Actorunderstudied, or(2) No less than $40.00 each time the Actor performs the role or a portionthereof of the Actor understudied.(C) Understudies who are not performing members of the cast are not required toreceive any additional compensation above minimum.(D) The term “role” shall mean the sum of the parts, specialties, functions andassignments for which an Actor is responsible.48

62. UNION EMBLEM.(A) The Producer agrees to insert the following line in the program: "The Actorsand Stage Managers employed in this production are members of Actors'Equity Association, the Union of Professional Actors and Stage Managers inthe United States." Also, the Producer agrees whenever and whereverpossible to prominently display the Equity Emblem in the lobby of the theatre.Emblem will be supplied by Actors' Equity Association.(B) Space permitting, Equity shall have a biography in any playbill/programproduced under the control of the Producer which states: “Actors’ EquityAssociation (AEA), founded in 1913, represents more than 45,000 actors andstage managers in the United States. Equity seeks to advance, promote andfoster the art of live theatre as an essential component of our society. Equitynegotiates wages and working conditions, providing a wide range of benefits,including health and pension plans. AEA is a member of the AFL-CIO, and isaffiliated with FIA, an international organization of performing arts unions.The Equity emblem is our mark of excellence.”63. UNION SECURITY.(A) All Actors, except non-professionals as allowed by concession, as a conditionof employment, shall be or become members of Actors' Equity Associationafter thirty days of consecutive employment and shall continue to be membersin good standing during the term of their employment. No non-resident Alienmay be engaged under terms of this Agreement.(B) The Producer shall receive two weeks’ written notice to discharge any Actor fornon-payment of union dues or initiation fee. Upon the Actor's failure to makesuch payment(s) within the aforesaid period, the Producer agrees immediatelyto discharge the Actor provided, however, that Equity agrees to withhold itsdemand for discharge if the Producer undertakes, with the consent of the Actor,to withhold from the Actor's salary a sum or sums sufficient to correct theActor's dues or initiation fee delinquency.64. VOLUNTARY CLASSES.All Actors are prohibited from attending so-called "voluntary" dance and musicclasses prior to or during the rehearsal period and prior to the opening. TheProducer agrees not to request Actors to attend such classes.49