Special Appearance - Standard Rulebook 2010-2012 - Actors

(H)Extensions. The initial run shall be limited to no more than 20 performances in Level Iand 25 performances in Level II. The Producer may extend up to an additional 20 (or 25)performances, by increasing the salary of all Equity Actors by no less than $50.00 perweek. Only one such extension shall be allowed. Subsequent performances would beallowed only under the terms and conditions of a different Equity Contract.(I) Costumes. The Producer shall provide all costumes and clothing except modernconventional undergarments. The Actor may not be required to use any personalwardrobe in the production. Should the Actor agree to rent any wardrobe to the Producerfor use in any production, he must do so by means of a rider to the employment contract,at a rental fee negotiated to the mutual agreement of the Actor and the Producer but noless than the following:Item 1st Two weeks of Performance All Subsequent weeksCoat/Jacket $ 7.00 $ 3.50Suit Jacket 7.00 3.50Blouse 2.00 1.00Dress 5.00 2.50Ensemble (Complete outfit) 30.00 15.00Jeans 2.00 1.00Shirt 2.50 1.30Skirt 5.00 2.50Shoes/Sneakers 4.00 2.00Shorts 2.00 1.00Slacks 5.00 2.50Suit 20.00 10.00Sweater 3.00 1.50Tie .50 .30Hat 2.00 1.00Evening Gown 15.00 7.50Slip/Bra 2.00 1.00Nightgown 2.00 1.00Bathing Suit 2.00 1.00Miscellaneous .50 .30(Purse, jewelry, etc.)With respect to garments not appearing on this schedule, the rental fee will be negotiated to the mutualagreement of the Actor and the Producer.When the Producer has provided suitable costumes for the Actor's use in the production but the Actorelects to wear the Actor's own clothing instead, the Producer shall not be required to pay an rental fee.4. SAFE AND SANITARY.The Producer shall provide a safe and sanitary place of employment for the Actor, under the guidanceof Equity, including rehearsal, performance and dressing room spaces. Dancing shall not be permittedon cement or other hard surfaces or on platforming laid directly on such hard surfaces.5. TAPING, FILMING, RECORDING.There shall be no televising, broadcasting, visual and/or sound recording, motion picture filming,videotaping, or other mechanical or electronic reproduction in whole or in part of any production,4

including rehearsals, in which members of Equity are employed without the express, written permissionof Equity and under the terms and conditions established by it.6. ARBITRATION.Any controversy arising from the employment of Equity members or affecting the relationship betweenan Actor or Equity and the Producer, including the disputes as to the existence or validity of anyemployment contract, shall be submitted to arbitration pursuant to the Voluntary Labor Arbitration Rulesof the American Arbitration Association. Should the Producer dispute a ruling by Equity he mustdemand arbitration within four (4) weeks of notice to him of said ruling.Equity shall determine the site of arbitration, which shall be New York, Chicago, Los Angeles, SanFrancisco or such other city as Equity shall designate.7. PROGRAM.(A)(B)A cast list must be offered free of charge to every patron who enters the theatre at allperformances. Such cast list must contain the names of all Equity members and theirroles or functions.All Equity members engaged hereunder shall be listed on the title page or cast list pageof the program with an asterisk (*) beside their names. The asterisk shall refer to a notewhich will read: "Member of Actors' Equity Association, the Union of Professional Actorsand Stage Managers in the United States, appearing under a Special AppearanceContract."8. EQUITY MEMBERSHIP CANDIDATE PROGRAM.Credit or participation in the Equity Membership Candidate Program is not available through theatresusing the Special Appearance Contract.9. BOX OFFICE STATEMENTS.The Producer agrees to submit upon request weekly box office statements to Equity showing both dailyand weekly receipts by the Friday following the last performance of the week which the statementcovers. The reports need not be audited but each must be certified correct by the Box Office Treasureror other competent employee.10. CONVERSIONS AND CONTINGENT RIGHTS TO ACTORS ENGAGED HEREUNDER.(A)Performance Rights In First Subsequent Equity Contract Production.(1) Should the Producer, or any entity which the Producer controls or directs or inwhich the Producer has a financial interest, participate in the production of thePlay under terms of a subsequent Equity Contract, the Producer agrees to makea bona fide offer (as hereafter defined) to afford to any Actor who was originallyengaged hereunder and who actually performed in the Production the opportunityto perform the same role or function. The Producer agrees that any offer shall bemade in writing to the Actor, copy to Equity, at least two weeks prior to the date ofthe first rehearsal for the subsequent production. The producer may require theActor to respond in writing, by hand delivery or telegram, within two (2) businessdays of receipt of said offer. The cost of said telegram shall be reimbursed by theProducer. Producer agrees to pay to any Actor not receiving a bona fide offer anamount equal to three (3) weeks minimum salary under said subsequent EquityContract production.(2) However, if any member of the Company on Equity contract who originallyperformed the role or function has been out of the production for a period of four(4) weeks or more prior to the time the play is subsequently produced under asubsequent Equity Contract, the Producer may as an alternative, offer the role orfunction to any past or present member of the Company on Equity contract whohas performed the same role or function for four (4) weeks or longer.5

(B)(3) The foregoing notwithstanding, Producer's obligations hereunder shall not exceedfifty percent (50%) of the proceeds received by the Producer from subsequentexploitations of the Play, as defined below. Producer acknowledges itsobligations to be continuing, and if Producer's obligations to the Actors hereunderremain unsatisfied because of insufficient proceeds from the Play, Producer shallprovide to Equity continuing reports concerning receipts of proceeds fromsubsequent exploitations of the Play until such time as Producer's obligationshave been satisfied. Producer shall furnish to Equity copies of statementsrequested by Equity, and Equity shall have the right, upon reasonable notice, toexamine Producer's records, insofar as they relate to the proceeds from thesubsequent exploitations of the Play.(4) If the producer of said subsequent Equity Contract production compensates theActors hereunder who fail to receive bona fide offers in accordance with aconversion clause in the applicable Equity Contract, the Producer hereunder shallhave no obligation to compensate the said Actors under this provision. Nothing inthis Agreement shall be construed to relieve any producer of a subsequent Equitycontract production of any obligation to make conversion and/or contingent rightspayments to Actors.(5) The provisions of this Paragraph 10 will pertain for a period of three (3) yearsfollowing the close of the production.SUBSIDIARY RIGHTS IN OTHER MEDIA.(1) In the event any rights to produce the Play in another medium (e.g., motionpicture, television, including pay TV and cable, video disk or cassette) now knownor hereafter devised are disposed of, the Producer shall pay or cause to be paidto each Actor hereunder an amount equal to five (5) weeks of AEA ProductionContract minimum salary in effect at the time of the disposition of the rights lesscertain deductions specified below.(2) The following amounts, up to but not exceeding the equivalent of three (3) weeksAEA Production Contract minimum salary in effect at the time of the close ofProduction hereunder, may be deducted from the five (5) weeks ProductionContract salary due in accordance with (A) above:(a)(b)Any sums paid to the Actor hereunder as conversion payments followingconversion of the Play pursuant to a subsequent Equity Contractproduction, or,If an Actor had received a bona fide offer to perform in such ContractProduction, the amount the Actor would have received in payment in lieuhad the Actor not received such offer.(3) Based on the foregoing, each Actor hereunder will, in the event of disposition ofrights to another media production of the Play, be entitled to receive theequivalent of not less than two (2) weeks nor more than five (5) weeks ProductionContract salary, subject to Paragraph D below.6

(4) The foregoing notwithstanding, Producer's obligations hereunder shall not exceedfifty percent (50%) of the proceeds received by the Producer from subsequentexploitations of the Play, as defined below. Producer acknowledges itsobligations to be continuing, and if Producer's obligations to participantshereunder remain unsatisfied because fifty percent (50%) of Producer's proceedsfrom the Play do not equal Producer's obligations, Producer shall provide toEquity continuing reports concerning receipts of proceeds from subsequentexploitations of the Play until such time as Producer's obligations have beensatisfied. Producer shall furnish to Equity copies of statements requested byEquity, and Equity shall have the right, upon reasonable notice, to examineProducer's records.11. DEFINITIONS AND REFERENCES.(A)(B)(C)(D)"Production" or "the production hereunder" means the production of the Play under thisContract."Actors" as used herein refers to any person engaged under this Contract as actor,(principal or chorus), understudy, stage manager, or assistant stage manager."Bona fide offer" shall mean an offer to perform in the subsequent Equity Contractproduction the identical role or function performed in the Production hereunder, and theoffer must be in writing, sent to the Actor by certified mail, return receipt requested, with acopy to AEA."Producer's proceeds from subsequent exploitations of the Play" shall include allproceeds received by Producer from or as a result of subsequent productions or otherexploitations of the Play or the rights in the Play (including but not limited to productionsin the live stage and in other media) and/or contributions to the Producer by or on behalfof the author or subsequent producer of the Play.12. The above TERMS, CONDITIONS AND WORK RULES are specifically incorporated as part ofindividual employment contracts. The TERMS, CONDITIONS AND WORK RULES are subject tochange without notice. The TERMS, CONDITIONS, AND WORK RULES current at the time that theindividual contracts are drawn, are binding.13. All other rules shall be mutually agreed to between the Producer and Actors’ Equity Association;if the parties are unable to agree, Equity’s decision shall be final; Equity represents that it will make itsdecision by reference to custom and usage in the industry as appropriate.Revised 09/30/2010Master7