MSUA Rulebook 11-14 - Actors

Arbitration, as provided herein, shall be the exclusive remedy for the resolution oradjustment of disputes, including any question as to whether a dispute or issue isarbitrable under the provisions of this Agreement.The expenses of the arbitration, including the compensation of the arbitrator, shallbe shared equally by Equity and the Producer. Nothing herein shall be construed togive the arbitrator the authority to alter, amend or modify any of the provisions ofthis Agreement.Equity shall act on behalf of the Actor in any arbitration proceeding and inaccordance with Equity's Constitution and By-Laws. No Actor is authorized tocommence any arbitration proceeding except with the consent of Equity. Equityshall choose the arbitrator for the Actor.Arbitration shall be held in a city where Actors' Equity Association maintains anoffice.(C) Failure to Pay Creates a Dispute. Failure by a Producer to pay any amountclaimed by the Actor or Equity is evidence of the existence of a dispute (Equityconsenting), entitling the claimant to an arbitration (Equity consenting).(D) Failure to Arbitrate a Breach of Contract. Failure of the Producer to appoint hisarbitrator and promptly arbitrate any dispute, on demand by Equity, within the timespecified in this Agreement or Equity rules, shall be a breach of this Agreement.(E) Special Provision. Should any dispute arise to which an Actor is a party, andeither the making or the validity of the agreement itself, or the agreement to submitto arbitration, or the failure to comply with any agreement to arbitrate, is in dispute,all parties to the agreement or alleged agreement shall waive and by theacceptance of this Rule do waive any and all provisions of law, which may lawfullybe waived and which may provide other or different procedure and submit suchdispute to arbitration in the manner provided in standard form Equity contracts andby Equity rules.No Actor and no Producer shall make or take any appeal in any form to any Court oflaw to determine any rights or remedies, or alleged rights or remedies, or anyquestion in dispute of any kind under any agreement or claimed agreement ofemployment, or any disputed question regarding the making of any agreement toarbitrate or any part thereof, when it shall be lawful to determine such questioninvolved or such dispute by mutual written consent through arbitration held inaccordance with the provisions of standard form Equity contracts or Equity rules.Failure on the part of an Equity member to obey these rules or any of them shall begrounds for discipline of such Equity member. Failure on the part of the Producer toobey these rules or any of them shall constitute a breach of agreement and ofEquity rules by the Producer or employer, which breach shall entitle all Actors, atthe request of Equity, to withdraw from his cast. In case of such breach, theProducer agrees, in case the Actor holds a standard contract without guaranty ofmore than two weeks, to pay forthwith, in full for all services rendered by the Actorto the Producer, plus any other amounts then owing not already paid, and also asliquidated damages, no present basis of calculation existing, a sum equal to twoweeks' contractual salary. If the Actor holds a contract with a guaranty exceedingtwo weeks, then in case of such breach the Producer agrees to pay the Actor6