Chanhassen Dinner Theatre Rulebook 05-07 - Actors

Actors’ Equity AssociationAGREEMENT AND RULESGOVERNING EMPLOYMENTATCHANHASSEN DINNER THEATREEffective Date: May 30, 2005Expiration Date: May 27, 2007NATIONAL OFFICE165 West 46 th StreetNew York, NY 10036(212) 869-8530Fax (212) 719-9815Chicago, IL 60603Suite 1500125 South Clark Street(312) 641-0393 phone(312) 641-6365 faxSan Francisco, CA 94104Suite 900350 Sansome Street(415) 391-3838 phone(415) 391-0102 faxLos Angeles, CA 90036Suite One5757 Wilshire Boulevard(323) 634-1750 phone(323) 634-1777 faxOrlando, FL 3282110319 Orangewood Boulevard(407) 345-8600 phone(407) 345-1522 faxwww.actorsequity.org

47. PERSONAL APPEARANCES.......................................................................................................... 4448. PHOTO AND COSTUME CALLS .................................................................................................... 4549. PRESS RELEASES ......................................................................................................................... 4650. PRODUCTION PROSECUTED OR SUBJECT TO LAWSUIT, CIVIL OR CRIMINAL .................... 4751. PROGRAMS .................................................................................................................................... 4752. PROPERTY/VALUABLES ............................................................................................................... 4853. RECORDINGS (FOR USE IN THE PRODUCTION) ....................................................................... 4954. REHEARSALS ................................................................................................................................. 5056. REPORTS ........................................................................................................................................ 5557. ROLES AS WRITTEN...................................................................................................................... 5558. SAFE, SANITARY, AND HEALTHFUL PLACES OF EMPLOYMENT ............................................ 5559. SALARIES........................................................................................................................................ 5960. SECURITY AND SECURITY AGREEMENTS................................................................................. 6161. SET AND PROP MOVES ................................................................................................................ 6262. SOCIAL SECURITY ANDUNEMPLOYMENT INSURANCE ........................................................... 6263. STAGE FIGHTING ........................................................................................................................... 6364. STAGE MANAGERS AND ASSISTANT STAGE MANAGERS....................................................... 6465. SUBSIDIARY RIGHTS..................................................................................................................... 6766. TELEVISING, RECORDING, BROADCASTING AND FILMING..................................................... 6868. TRANSPORTATION AND BAGGAGE ............................................................................................ 7369. UNDERSTUDIES ............................................................................................................................. 7770. UNION EMBLEM.............................................................................................................................. 8071. UNION SECURITY........................................................................................................................... 8072. VACATIONS..................................................................................................................................... 8073. VOTING............................................................................................................................................ 81II

RECOGNITIONChanhassen Dinner Theatre (hereinafter the “Producer”) agrees to recognize Equity asthe exclusive representative of the Actors (Principals, Chorus, Stage Managers,Assistant Stage Managers) employed by the Producer, for the purpose of collectivebargaining and the administration of matters within the scope of this Agreement.RULES GOVERNING EMPLOYMENT1. ACTORS' OBLIGATION TO EQUITY. [See also Rule 71 UNION SECURITY](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 the Actorowes to Equity, and the Producer shall not only not request or require any Actor todo any act or thing forbidden by the Constitution and By-Laws of Equity or by therules or orders of the Council of Equity, or orders of its authorized executives, butwill require the Actor to do and/or assent to the Actor doing any and all acts requiredby the foregoing.(B) The Producer further agrees that the Producer has notice:2. AGENTS.(1) That the Associated Actors and Artistes of America (hereinafter referred toas “the 4-A’s”) is a voluntary Association hereinafter referred to as the 4-A's andis subject to the Constitution, By-Laws, rules, regulations and orders of theAmerican Federation of Labor-Congress of Industrial Organizations (hereinafterthe “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 the AFL-CIO.(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 to require theActor to do any act or thing forbidden by the Constitution and By-Laws of the 4-A's or by its rules or orders or regulations.(4) This Agreement and all contracts of employment shall be subject to all suchrules and regulations.(5) Nothing contained in this Rule however, shall 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 or in any of the individualagreements made with Actors that are consistent herewith.(A) Equity Franchise Required. The Producer has notice that if the negotiation foror the obtaining of this contract by the Actor is through any employment agent orpersonal representative who does not hold an Equity franchise, or whose franchiseis not in good standing, the Actor is liable to suspension or other disciplinary action.1

(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 negotiation or require the Actor to signthe contract at or through an agent's office. Any agent so engaged does notrepresent the Actor and should such agent make a claim for commission, the Actorwill notify the Producer accordingly, and the Producer agrees to indemnify the Actorand hold the Actor harmless from any such claim.(C) Agents Acting as Casting Consultants or Packagers. Any agent who acts as anagent for a Producer, either as a casting consultant or otherwise, with or without afee, does not, if the Actor secures employment through the agent, represent theActor in securing said employment and therefore pursuant to the AgencyRegulations is not entitled to commissions from the Actor.The foregoing also applies in any case in which the agent acts as a packager, eitheron behalf of a Producer, with or without a fee, or on the agent’s own behalf.(D) Principal Commissions. Commissions on the compensation of a Principal Actorshall be subject to Equity’s Agency Regulations. A copy of the currentcommissionable scale and all provisions regarding agents are available uponrequest.(E) Chorus Commissions. The Producer has notice that an Actor employed undera Chorus Contract shall not pay a commission to any agent, except in accordancewith Equity’s Agency Regulations.3. ALIENS. Non-resident Aliens shall not be employed without the consent of Equity.Equity’s decision shall not be arbitrable.4. ANNOUNCEMENTS. The Producer or the Producer’s designated representativeshall make an announcement before the beginning of each performance to the effectthat the taking of pictures or the making of recordings of any kind during theperformance is prohibited. If the aisles are used by the Actors for entrances and/orexits, the Producer shall also announce that the aisles must be kept clear during theperformance. The Producer agrees that an announcement will be made before eachperformance, requesting the audience not to smoke during the performance.5. ARBITRATION.Any controversy arising from the application or interpretation of this Agreement oraffecting the relationship between any Actor or Equity and the Producer, includingdisputes as to the existence or validity of any employment contract, shall be submittedto arbitration pursuant to the Voluntary Labor Arbitration Rules of the AmericanArbitration Association. Arbitration as provided herein shall be the exclusive remedy forthe resolution or adjustment of disputes, including any question as to whether a disputeor issue is arbitrable under the provisions of this Agreement.Nothing herein shall be construed to give the arbitrator the authority to alter, amend ormodify any of the provisions of this Agreement.Arbitration will take place in Chicago or such other city as may be mutually agreedupon.2

(A) Time Limit. Should the Producer dispute a ruling by Equity and if said ruling isarbitrable under these Rules, the Producer must demand arbitration within fourweeks’ notice of said ruling. Failure to do so constitutes agreement with said rulingand an acknowledgment that Equity may deduct any monies due as a result of saidruling from any security posted with Equity by the Producer. The Producer furtheragrees to replace said amount deducted immediately upon demand by Equity.(B) Expenses. The expense of the arbitration, including the compensation of thearbitrator, shall be shared equally by Equity and the Producer.(C) Equity's Rights. Equity shall act on behalf of the Actor in any arbitrationproceedings and in accordance with Equity's Constitution and By-Laws. No Actor isauthorized to commence any arbitration proceeding except with the consent ofEquity. Equity may choose the arbitrator for the Actor.6. AUDITIONS. (See also Rule 29 EQUAL EMPLOYMENT OPPORTUNITY.)(A) Principal Auditions(1) General. Before any principal performers (other than “star” performers) arehired for a production, the Producer shall hold auditions at which performers willbe seen, for principal roles and for stage managerial positions. The followingconditions shall apply:(a) Among the auditions held for principal roles, there shall be auditions forEquity performers; and(b) The Producer is under no obligation to hire any person pursuant to anyprincipal audition procedures including the procedures for Equity performersset forth below.(2) Equity Principal Auditions. The Producer shall comply with the below-listedauditions procedures for Equity performers.(a) Requirement., the Producer will hold announced auditions in the TwinCities in order to see Equity performers. Auditions shall be held perproduction.(b) The director or designated representative shall be present at all timesand must have final casting authority.(c) Auditions shall be held in an Equity-approved facility.(d) The Producer shall submit to Equity a list of all proposed productionstentatively scheduled for rehearsal before the next audition session.(e) The list shall include a description of all roles in the case of originalplays, and, for previously-produced works, indicate if there has been amajor change in the script or if the play is to have a new productionconcept. The list shall include race and nationality only when pertinent withrespect to non-traditional casting [see Rule 29, EQUAL EMPLOYMENTOPPORTUNITY] and shall also include stage managerial positions. Equityshall receive the list prior to agent submissions.3

(f) The list also shall contain the names of the director, stage manager,and in the case of musicals, the musical director and choreographer, whoalready have been contracted, and all necessary information for contactingthe Producer, including telephone number (with area code) and address(with zip code).(g) When a role to be cast depicts a person with a specific disability, theProducer agrees to include this information in the casting specificationsand, at the same time, to notify Equity of such specifications so that Actorswith similar disabilities may be informed and given an opportunity toaudition for the role.(h) Equity shall receive this list no later than two weeks prior to the firstEquity Principal audition. In addition, the audition times, date, and locationmust be submitted to Equity at least two weeks before the auditions begin.(i) The location and time may not be changed within one week of ascheduled audition without notifying Equity and all trade publications, timepermitting.(j) The Producer shall consult Equity with respect to the scheduling ofEquity auditions.(k) In Chicago, an Equity monitor shall be present at no cost to theProducer to organize and run the Principal auditions. The Producer shallmake the premises available to the Equity monitor and the Equityperformers two hours before the scheduled auditions begin, if the locationcan be made available.(l) If any play for which Principal Auditions have been held is changed, theProducer shall immediately notify Equity of the new play and schedule anEquity audition for the new play. If the new production is an original play,the Producer shall also include a cast breakdown and a description of theroles.(m) If the Producer holds Equity auditions in addition to those required inaccordance with this Rule, the Producer shall consult with Equity, as far inadvance as possible, so that Equity can assist the Producer in schedulingthe auditions to avoid conflict with other auditions, and in notifyingperformers of the time and place of the auditions.(n) The Producer shall specify the nature of the audition and anyrequirements (i.e., performers should bring music and/or dance shoes, amonologue is requested, whether or not a pianist will be provided by theProducer, etc.). In-depth auditions shall be scheduled separately.(3) Additional Equity Principal Audition Provisions.(a) Principal performers shall be called to audition individually and shall notbe called in groups, unless necessary for physical screening and/or voiceblending. Auditions and/or readings shall be limited to three in number for aPrincipal performer; said performer shall be compensated at the rate of no4

less than 1/7 of minimum salary for each reading and/or audition over threeto which the performer is called. The above-listed numerical limitations andpayments shall not be applicable to recognized "star" performers.(b) The Producer shall furnish Equity with copies of all audition scheduleswhich shall include the names of all performers auditioned and the datesand times of their auditions. This list shall also include the name of theperson auditioning and the name of the stage manager, if one is inattendance.(c) The location of all auditions and/or readings, including callbacks,scheduled as a result of an Equity Principal audition, shall be held withinreasonable driving distance of the location of the original interview.Callbacks shall be held within reasonable driving distance of the firstaudition.(d) The director or designated representative, who shall have castingauthority, shall be present at all auditions.(e) The musical director shall be present for singing auditions and thechoreographer shall be present for all dance auditions.(f) All audition spaces shall be in compliance with Equity's safe andsanitary provisions.(g) The Producer shall furnish a piano and piano accompanist, who is ableto sight-read music, for all principal auditions at which performers arerequired to sing and/or dance.(h) A copy of these audition Rules shall be conspicuously posted by Equityat auditions.(i) The Producer shall not hold Equity auditions during the same time thata regularly scheduled Equity membership meeting is being held within 50miles of the audition location, provided Equity notifies the Producer inadvance of such meeting.(j) If the Producer cannot audition the performer within one hour of thescheduled audition time, the performer shall be notified and the auditionrescheduled.(k) The Producer will hold announced auditions at the theatre at least twicea year.(B) Chorus Auditions.(1) General. For productions utilizing chorus performers, the Producer shallschedule chorus auditions at least every six months or for each suchproduction. The following conditions shall apply:(a) Among the chorus auditions held, there shall be chorus auditions forEquity performers; and5

(b) The Producer is under no obligation to hire any person pursuant to anychorus audition procedure, including the procedures for Equity performersset forth below.(2) Equity Chorus Auditions. The Producer shall comply with the below-listedChorus audition procedures for Equity performers.(a) All Equity auditions shall be held in an Equity-approved space.(b) The Producer shall furnish Equity with a list of all proposed andscheduled musical productions for the period until the next Chorusauditions, no less than two weeks before the date of each Chorus audition.(c) In Chicago, an Equity monitor shall be present, at no cost to theProducer, at all auditions to assist the Producer or the designatedrepresentative in organizing and facilitating the auditions.(d) In scheduling all Chorus auditions, the Producer will check with Equity.In consultation with the Producer, Equity shall attempt to schedule theauditions so that no more than two theaters hold their Chorus auditions onthe same day or audition the same category of performer (singer or dancer)at the same time.(e) The scheduling of Chorus auditions and notice of such audition callsshall be sent by Equity in the applicable city. The Producer shall notifyEquity of the time and date of the final audition.(f) Singers (male and female) and dancers (male and female) shall beauditioned separately at the first Chorus call for performers. For eachgroup called, the time and place of said call shall be provided in a noticesent to Equity at least two weeks before the time of audition. No less thantwo hours shall be allotted by the Producer for each gender in eachcategory.(g) If necessary, auditions may, be held on two separate days, one day forvoice, and one day for dancing and general qualifications. If the two daysof auditions are not consecutive, the performers shall not be required toreport, for any purpose, on the intervening days. If performers are called forany day, or work on any day after the second audition day, it shall bedeemed a rehearsal.(h) Time spent for any call-back shall be limited to five out of sevenconsecutive hours.(i) Auditions and/or call-backs shall be limited to two in number for eachindividual performer. For each call-back in excess of the above limitation,the performer shall be compensated at the rate of no less than 1/7 ofweekly minimum salary.(j) A Chorus audition shall not be interrupted to audition a Principal Actor,however, during a call-back, a Chorus Actor may read for a "part" orunderstudy.6

(k) At all auditions, the Producer shall provide a piano accompanist whocan sight read music.(l) No performer shall be called upon to perform any material at anaudition which cannot safely be executed without rehearsal, including butnot limited, to trick dance steps, acrobatics, or other movements whichcannot safely be performed, by virtue of the performer's training, withoutpractice and preparation.(m) The Producer shall not hold auditions on any day when a regularlyscheduled Equity membership meeting is being held within 50 miles of theaudition location, provided that Equity notifies the Producer in advance ofsuch a meeting.(n) The musical director or designated representative must be present atauditions for singers. The choreographer or designated representativemust be present at dance auditions. Someone with final casting authoritymust be present at all auditions.(o) Equity shall post a copy of the Audition Code at all Chorus auditions.(p) Dancers shall be auditioned as dancers before being auditioned assingers.(q) Singers shall be auditioned as singers before being auditioned asdancers.(C) Additional Equity Provisions.(1) A copy of this Agreement, concessions and waivers granted prior toPrincipal auditions, Chorus auditions and Stage Manager interviews shall beposted at the interviews and auditions. A detailed performance schedule alsoshould be posted for each production. If concessions or waivers are grantedafter the interviews or auditions, or Actors or Stage Managers are engagedwithout interviews or auditions, all Actors and Stage Managers shall be soadvised by a rider signed by both parties and attached to the contract at thetime of contract signing. (See also Rule 20 (D))For failure to observe thisprocedure, such concessions or waivers shall be rendered invalid at thediscretion of Equity.(2) Auditions Code. When auditions are held the Producer shall ensure thatthe below-listed terms are met.(a) When auditions are held in premises that are not architecturallyaccessible, upon notification by either Equity or a performer with a disabilitywho wishes to audition, the Producer will arrange accessible auditionfacilities to accommodate actors with disabilities.(b) When a deaf actor is sought, the Producer shall provide qualifiedinterpreter(s) for the deaf (i.e., interpreters qualified or certified in signlanguage or oral interpretation) during the audition.7

(c) Upon request, all audition material provided by the Producer shall bemade available to blind and visually impaired actors at a place designatedby the Producer at least 48 hours in advance of the audition.(d) When a role to be cast depicts a person with a specific disability theProducer agrees to include this information in the casting specificationsand, at the same time, to notify Equity of such specifications so that actorswith similar disabilities may be informed and given an opportunity toaudition for the role.(e) There shall be seating and open space where the performer may waitand/or warm up for the audition. No portion of the audition room shall beused as a waiting room.(f) There shall be separate changing facilities (not lavatories) for men andwomen dancers.(g) There shall be an audition room, changing room and/or waiting roomwhich is properly lighted, ventilated and heated (when necessary) duringinclement weather to at least 68 degrees Fahrenheit.(h) There shall be separate, clean and functioning lavatories.(i) In theaters, rehearsal halls or audition spaces under the direct control ofthe Producer, where smoking is permitted, there shall be no smoking in thewaiting rooms, rooms in which interviews and/or auditions are being held, orin the lavatories and dressing rooms. In those theaters, rehearsal halls oraudition spaces not under the direct control of the Producer, there shall beno smoking in the rooms in which interviews and/or auditions are being heldand the Producer shall make best efforts to secure a waiting area,lavatories and dressing rooms that are designated as non-smoking. It isunderstood that the Producer may not have direct control over areas thatare used by the general public.(j) Drinking Water. Wherever the Actor is required to audition, ample,pure, cool drinking water and when ever necessary, cups shall be providedat no cost to the Actor.(3) Liability Insurance. The Producer shall provide liability insurance to coverperformers at auditions and interviews.7. BENEFIT PERFORMANCES. Actors may rehearse for and perform in Equityapprovedbenefits. All requests for benefits must be made through Equity. Uponconfirmation from Equity, the Deputy will notify the cast of Equity approved benefits. Allbenefits will be subject to the terms and conditions specified by the Theatre Authority.8. BILLING. [See also Rule 48, PHOTO AND COSTUME CALLS, and Rule 51,PROGRAMS.](A) If the Actors' pictures and names do not appear in the program, then, whereversuitable, the Actors' pictures and names shall be displayed in front of the theatre (orin the lobby, foyer, or at the main entrance of the theatre), provided such picturesare furnished by the Actors. These pictures shall be head shots (not composites)8

no less than 8x10 in size with the likeness upright when the eight-inch side is ontop, and adjacent to each, the Actor's name shall be posted in clearly legible print.(B) Actors must receive picture credit on all brochures, publicity and promotionalmaterial (under the Producer's control) and for photographs (when the shot includesfour or fewer Actors).(C) In the event of a cast replacement, or error, the Actor's name and/or likeness(in pictures of four or fewer) must be removed from wherever displayed, including alladvertising and display media under the Producer's control.(D) Wherever billing has been negotiated as a rider to a contract, failure to providesuch billing shall be corrected within five business days upon written notificationthereof by the Actor to the Producer or the Producer’s duly authorizedrepresentative. Failure to correct such error within the stipulated time shall create abreach of contract as stipulated in Rule 11, BREACHES BY PRODUCER.9. BINDING EFFECT OF AGREEMENT.Agreements between the Producers and so-called "packagers," casting consultants,agents or Producers' representatives shall in no way limit or reduce the Producer’sliability or responsibility to fulfill all terms and conditions of Equity contracts to which theProducers is a signatory.All contracts signed pursuant to these Rules are binding upon not only the signers onthe face thereof, but upon any and all corporations, co-partnerships, enterprises, and/orgroups which said signers or each of them control, and are hereby agreed to beadopted as their contracts by each of them.10. BLACKLISTING.The Producer and Equity both pledge themselves to prevent blacklisting in dinnertheatre. Opposition to blacklisting is not a controversial issue between the Producerand Equity.Blacklisting for the purposes of this Rule shall mean the submission by the Producer,directly or indirectly, to individual or group pressure, and/or the use of private lists,published or unpublished, of persons not to be employed in theatrical productions forreasons having no direct relation to their theatrical ability.If it is determined that a Producer has blacklisted, as defined herein, said Produceragrees to pay to the Actor who has lost employment as a result thereof, full contractualsalary for the duration of the contemplated engagement, plus a sum equivalent to thefull contractual salary of the Actor’s successors, or $1,000.00, whichever is greater.11. BREACHES BY PRODUCER.Should the Producer:(A) breach this Agreement; or(B) breach any Equity Rule which is a part of the employment contract of any Actor;or9

(C) make any false statement in connection with any employment agreement orregarding security; or(D) employ or have employed any Actor under any form of contract other than astandard form; or(E) be in default under any employment contract with any Actor; or(F) breach any such employment contract past or present; or(G) in the future breach any such employment contract; or(H) fail to give or deposit security at the time and in the form and amount requiredby Equity,then and in any of such events, the Actor may, Equity consenting, terminateemployment, and in addition the Producer agrees to pay the Actor in full for allservices rendered that had not already been paid, plus any other sum to which theActor may be entitled by contract or under Equity Rules, and also as liquidateddamages, no present basis of calculation existing, a sum equal to two weeks' salaryand for Actors signed to limited term contracts, a sum equal to the Actor’s salarymultiplied by the number of weeks remaining under Actor’s guarantee ofemployment, or by the number of weeks during which the production for which theActor has been engaged runs during the season, calculated from the date when theActor ceased to be employed, whichever period is longer. Against said sums, nooffset shall be allowed the Producer for earnings of the Actor in a new orsubsequent engagement. These provisions shall apply to each season contracted.Should any such act or breach occur, neither the giving of any performance by theActor nor any omission or any act by the Actor or Equity shall be or act as a waiverof any or either of the rights of the Actor or Equity, and in connection with theforegoing, Equity is hereby given authority, without prejudice and without penalty toitself to intervene and require the Actor to perform or otherwise act, or not toperform or not to take advantage of any such breach, said requirements to be madeby Equity, under such terms and conditions as it may in its sole discretion considerjust and equitable. All of the foregoing shall be without prejudice to any other orfurther rights given to the Actor or Equity by contract or by Equity Rules.12. CALLBOARD.An official Equity callboard shall be maintained backstage at the theatre, on which upto-dateinformation important to the Actor shall be posted, including:(A) Worker's Compensation carrier and carrier number, etc.;(B) Names, addresses and telephone numbers of doctors and hospitals in the area;(C) Member(s) of the Producer's staff whom the Actor can contact in case of anemergency;(D) Information regarding fire exits and fire fighting equipment and properprocedures;(E) Producer’s procedures for safeguarding the Actor's valuables;10

(F) Notice of scheduled Day of Rest (see Rule 22, DAY OFF, DAY OF REST ANDREST PERIOD);(G) Notice of rehearsal calls after opening, and other calls given by the StageManager;(H) Any concessions regarding Safe and Sanitary conditions. [See Rule 58, SAFE,SANITARY AND HEALTHFUL PLACES OF EMPLOYMENT.]13. CATEGORIES/TIERS. A Theatre’s Tier will be a subject of negotiation betweenEquity and the Producer. Current theatres shall remain at their previously negotiatedtier for the duration of this agreement.Cabaret: 0 – 150Fireside: 151 – 299Mainstage: 501 – 60014. CHANGES IN CAST. [See also Rule 55, REPLACEMENTS, and Rule 69,UNDERSTUDIES.](A) All understudies and their roles must be listed in the program unless theunderstudy requests in writing, with a copy to Equity, that he not be listed.(B) When an understudy takes the place of a Principal Actor or a Chorus Actorplaying a Principal role in a production, or any Principal is replaced by anotherActor:(1) an announcement stating the name of the understudy or replacement actorand the character portrayed shall be made from the stage or over the publicaddress system immediately prior to the beginning of the performance, or(2) an announcement stating the name of the understudy or replacement actorand the character portrayed shall be made in all programs through insertion of aprinted slip, or(3) an announcement stating the name of the understudy or replacement actorand the character portrayed shall be conspicuously and prominently posted atthe entrance to the theatre at the place where tickets of admission arecollected. Such announcement shall be at least eight by ten inches in size, inletters of at least one inch.(4) In the event of a permanent replacement, the Producer agrees that within24 hours after the replacement's first performance in the part, theannouncement will be made by means of a printed slip in the program. In caseof an emergency, this time frame will be expanded to 48 hours.In the event that the Producer is made aware that a replacement will berequired to perform for more than one performance, but will not be a permanentreplacement, the Producer agrees that in addition to the announcementrequired in (B)(1) above, the change will also be publicized as specified in(B)(2) or (B)(3) above.11

(5) The Producer shall notify Equity of each scheduled musical production.Equity shall furnish to the Producer a list of all principal roles and a list of allparts, etc. for which Chorus shall receive additional payments. Should aproduction be new or sufficiently changed either by cutting, by re-writing or byre-choreographing to make questionable the category in which a particular partbelongs, final determination shall be made by Equity.(B) Number of Chorus. When the maximum number of Chorus is achieved duringthe rehearsal period, the number of Chorus contracts shall not be reduced eitherduring a subsequent rehearsal period or during the run of the production, unless aChorus Actor terminates the contract and termination becomes effective two weeksor less from the closing of the production.16. CLAIMS.(A) Waiver or Release Not Permissible. Upon any claim of the Actor arising underthis Agreement, through any breach thereof by the Producer, no waiver or releaseor adjustment by the Actor is of any validity whatsoever, unless Equity consents inwriting. The Producer, by agreeing to this Rule, agrees not to seek or solicit anysuch waiver, release or settlement, or offer the same in any arbitration or anyproceeding in court unless Equity specifically consents in writing. In no case shallclaims of Actors under employment contracts be handled or enforced by agents orattorneys of Actors, unless such handling is consented to by Equity in writing.(B) Time Limit in Lodging Claims. Should the Actor deem that there is any claimagainst the Producer under the Actor's contract, the Actor shall present the claim toEquity or to the Producer within four weeks after the time when such claims shallhave arisen, unless the Actor shall give to Equity or to the Board of Arbitration or toeither of them a good and sufficient reason for any delay after such period of fourweeks. Should the Actor present the claim to Equity, Equity, upon receipt of aclaim, will immediately notify the Producer in writing of such claim.17. CLOSING NOTICES. [See also Rule 67, TERMINATION.](A) Closing the Theatre. The Producer may close the theatre by posting on theEquity callboard one week's written notice to all members of the Company, providedthe Actors shall receive not less than the minimum employment and/or paymentguaranteed under their contracts.(B) When a theatre is closed in accordance with or after notice of closing to theentire Company, such notice of closing shall supersede any individual notice oftermination then outstanding.(C) Closing the Production. The Producer may close a specific production byposting on the Equity callboard two weeks' written notice to all members of theCompany, provided the Actors shall receive no less than the minimum employmentand/or payment guaranteed under their contracts.Anything to the contrary notwithstanding, notice to a Stage Manager shall be anindividual notice; the Stage Manager shall not be terminated by a production closingnotice.13

(2) Chorus. The Producer shall furnish Actors engaged on Chorus contractswith all hats, costumes (period or modern), wigs, beards, hairpieces, shoes,tights, hose, and stockings. In no circumstances shall Actors engaged onChorus contracts be required to furnish any of their outer clothing.Tights, hose, stockings and all other skin parts shall be new when issued to theActor.(3) Shoes.(a) General The Producer shall provide properly fitted footwear, which, iffor dancing, shall be new. All other footwear shall be clean, sanitary, and ingood repair.(b) Dance Shoes The Producer shall provide properly-fitted professionaldance shoes for all members of the Company who are required to dance.Dance shoes may represent the period of a production or nature of aspecific character (e.g., sneakers in WEST SIDE STORY, athletic shoes inDAMN YANKEES) and must conform to the appropriate style of themovement. All footwear shall be of suitable construction for dancing whenused for theatre dance movement. Professional dance shoes are notrequired for normal ballroom dancing or where there are minimallychoreographed movements. The Producer shall provide professionaldance shoes at least one week prior to dress rehearsal.The Producer shall furnish pointe shoes with ribbons for all rehearsals andperformances requiring pointe shoes. The Producer shall furnish at leastone pair of pointe shoes for each member of the Company called upon todance in pointe shoes. New pointe shoes shall be provided sufficiently inadvance of their use to allow the Actor adequate time to break in the shoes.Shoes for dancing shall be rubbered and braced (unless otherwisespecified by the Actor) and shall be repaired or replaced whenevernecessary.(D) All Productions.(1) The Actor shall take reasonable care of all clothes and/or costumesfurnished to the Actor by the Producer.(2) The Producer agrees to repair at the Producer’s expense any damage tothe Actor's shoes and/or clothing used in the production.(3) The Producer shall be responsible for the cleaning of costumes at theProducer’s expense (whenever necessary), but at least once every threeweeks. Spot cleaning, when required, shall be completed in time to allow atleast four hours for drying and airing prior to the half-hour call. Shirts,stockings and other skin parts shall be laundered whenever necessary, but atleast every two days. Dry shirts, blouses and skin parts shall be furnished atthe beginning of each performance. During the final week of the Actor'sengagement, the Producer shall pay the Actor a sum equal to the cost ofcleaning the Actor's personal wardrobe used in the production, computed at the15

prevailing rates at the Actor's place of residence as stated in the Actor’scontract, provided the Producer is not required to have the Actor's wardrobecleaned before it can be used in the production.(4) Costumes to be Returned. At the close of the engagement, all Actors shallpromptly return all wearing apparel, shoes and accessories furnished by theProducer.(5) The Actor may be charged for any wardrobe issued which is not returned atthe close of the production, provided the Actor signs a form listing all itemsissued at the time of issue and that the wardrobe person checks all itemsreturned by the Actor on this form and issues a receipt to the Actor.(6) 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. It is understood that the Producermay furnish the Actor with items previously worn by the Actor in a priorengagement provided they are clean, in good repair, fit properly and have beenused exclusively by said Actor.(7) The Producer shall provide all make-up except ordinary and conventionalstage make-up. When the Producer requires the use of body make-up, theProducer shall furnish clean towels for the removal of make-up.(8) Any dispute relating to the above sections of this Rule shall be submitted toa committee composed of the appropriate Deputy, Company Manager, StageManager, and, in the case of musicals, the Dance Captain or Choreographer,whichever is appropriate, and the decision of the majority of this committeeshall be final and binding.(9) Rental Rider. No Actor shall rent or lend any wardrobe item to a Producerfor use in any production without the terms of rental endorsed on the Actor’scontract or in a rider thereto. Any rental payment approved by Equity shall bemade to the Actor by separate check with the Actor’s weekly salary. When theProducer has the ability to pay these sums on the payroll as a separatelyitemized, non-taxed earning, the Producer may include such payment on theActor's weekly payroll check.Nothing in this Rule shall preclude an Actor from negotiating additional rentalpayment for personal wardrobe items that the Actor may agree to furnish underthis Rule, provided the minimum requirements set forth herein are maintained.(10) Change of Hair Color. The Actor may not be required to change hair colorto a color different from the one the Actor had at the time of hiring, unless theActor agrees in writing. If the Actor agrees, the Producer shall pay for theexpense of changing the color and of its upkeep during the run of theengagement and for the restoration to the original color, at the close of theengagement.The Actor is responsible for appearing at the theatre with the same hair colorthe Actor maintained when signing the contract. If the Actor’s hair color has16

een changed, the Actor, at the Actor’s own expense, shall restore it to thesame color it was at the time of signing the contract, upon the request of theProducer.(11) Change of Hair Style. The Actor may not be required to cut the Actor’s hairin a manner that changes the hair style or to shave the Actor’s head, beard,moustache, or sideburns, unless the Actor agrees in writing at the time ofcontract signing. If the Actor agrees, the Producer will assume the cost ofmaking the change and maintaining it during the run.The Actor is responsible for appearing at the theatre with the same hair-stylethe Actor maintained when signing the contract. If the Actor changes hair style,the Actor, at the Actor’s own expense, shall restore it to the same style it was inat the time of signing the contract, upon the request of the Producer.(12) When the Actor, at the Producer's request, is required to buy and wear ahairpiece, the Producer shall be responsible for the cost of supplying andmaintaining said hairpiece. Should the Actor and Producer agree in writing touse the Actor's personal hairpiece, a rental fee shall be agreed upon by theProducer and the Actor, and be paid weekly to the Actor. It shall be theProducer's responsibility for the cleaning and upkeep of the hairpiece.19. CONTINUOUS EMPLOYMENT. Continuous employment of the Actor is theessence of all employment contracts. Employment shall begin on the date of thebeginning of rehearsals or the required date of arrival if earlier, and shall continue untilterminated as herein provided, and not otherwise. In no case shall employment beginwith a "Day Off."The Theatre will be permitted to lay off the company for the week containing the Fourthof July under the following conditions:(A) Each Actor must be notified at the time of contract signing that the Theatrereserves the right to schedule said layoff. Final notification of the use or non-use ofthe layoff shall be provided to all Actors no later than April 15 th ;(B) Each Actor and Stage Manager may elect whether to receive his/heraccumulated vacation pay during said week OR to take the week as an unpaid layoff.Those who elect to take an unpaid lay-off shall retain their right to requestvacation and/or receive payment as per Rule 73; and(C) The Producer shall not be required to make a health payment for the layoffweek, however a Weekly Report shall be filed and the appropriate pensioncontributions and 2.25% dues deductions shall be made for any Actor/SM whoreceives vacation pay during the hiatus week. All Actors/SMs on an unpaid lay-offshall be listed on the report as a leave-of-absence (LOA); and(D) Employment shall be considered continuous; for the purposes ofsick/bereavement leave and vacation accrual, the week shall be counted as a weekof employment.17

When there is insufficient time for the Producer to have delivered to the Actor asigned, standard Equity contract prior to the commencement of employment and/ortravel, the Producer will send to the Actor by facsimile a signed copy of the standardform Equity contract, which shall be returned by facsimile as described above. Acopy shall also be sent immediately by facsimile to the appropriate Equity office.Such signed facsimile shall be recognized by Equity as a valid contract with thestipulation that the standard Equity contract must be signed by the Producer and theActor within 24 hours of the Actor's arrival at the place of employment.(E) Quintuplicate Contracts. After entering into any employment contract, theProducer shall file with Equity an exact quintuplicate copy thereof, no later than oneweek after receipt by the Producer.(F) Attempted Breach. No Actor shall agree with a Producer, employment agent,personal representative, or other Actor, and no Producer shall agree with any Actor,employment agent, or personal representative to cause or attempt to cause oragree to permit, any breach of any term of any employment contract.Should any Equity member engage in such conduct, the member shall be subject tosuch disciplinary action as Equity may determine.Should any Producer be found by an arbitration award to have engaged in suchconduct, said Producer agrees that such conduct shall be a breach of theProducer’s employment agreements with Actors, entitling any such Actors torecover from the Producer, Equity consenting, a sum equal to two weeks' salary asliquidated damages, no present basis of calculation existing. The Producer furtheragrees that upon such breach, the Producer’s name may be posted on theDefaulting Producers and/or Managers list at Equity, until such breach is settled orliquidated.In the event of a recovery of liquidated damages by or on behalf of the offendingActor, the same shall be paid into the Actors' Equity Foundation, Inc.(G) Changes and Alterations. The Actor has no right or power to waive any of theminimum conditions set forth in the employment contract or Equity Rules without thewritten consent of Equity. Unless any and all riders, changes, alterations, waivers,or substitutions made prior to, when, or after a contract of employment is made shallhave been consented to by Equity in writing, such riders, changes, alterations,waivers, or substitutions, or any part thereof, are void at the option of the Actor,Equity consenting. At the option of Equity, no such riders, changes, alterations,waivers or substitutions shall be admitted in evidence in any arbitration or by anytribunal for the disposition of any claim without the written consent of Equity.It shall be the duty of the Producer, not the Actor, to submit proposed changes toEquity for its written approval by a duly authorized representative. If Equity fails tonotify the Producer of its disapproval of said riders, changes, alterations, waivers orsubstitutions within 15 business days (excluding Saturday and Sunday) after receiptthereof by Equity, they shall be deemed approved.19

(H) Touring Rider. If the Producer moves the show directly to another theatre in anychain, group or loose consortium, the Producer must sign a Touring Rider or thecontract is void.(I) Limited Term Rider. An Actor may be signed to a Limited Term Rider for aperiod not to exceed six months, provided the Actor receives at least $100.00 perweek above the applicable minimum salary. At the end of six months, the contractmay be extended, by mutual consent, for an additional six months. Should mutualagreement not be reached and no extension effected, the contract will continue inforce with the standard individual termination provision as contained in the Rules.With notice as stipulated in Rule 68, TERMINATION, the Actor may give fourweeks’ notice to terminate a Limited Term Rider to accept a Production contract.Upon receipt of such termination notice, the Producer shall be released from theobligation to pay the Limited Term increment. In addition, the Producer mayrequest the Actor to pay an amount equal to the Limited Term increment paid to theActor to date. Such payment must be received by the Producer in order for theActor's termination to be effective and the Actor released from the obligation forrehearsal and/or performance as indicated in the termination notice.(J) The point from which transportation must be paid shall be filled in on the spaceon the Equity contract that states "Actor's Place of Residence."Should there be any conflict between any Rules, or any basis for more than oneinterpretation as to the meaning of any Rule, Equity has the right to determine thecorrect interpretation or resolve the conflict, and its decision shall be binding uponEquity and the Actors.21. DANCE CAPTAINS.(A) In all productions utilizing musical staging or choreography, there shall be aDance Captain under Equity contract from the first day of rehearsal. In addition tothe weekly contractual salary, an Actor who performs the duties of Dance Captainshall be paid no less than the following weekly increment:10% of minimum salary (See Rule 59(A)(2), MINIMUM SALARIES)An Actor engaged solely as Dance Captain shall be paid no less than $20.00 inaddition to the Actor’s minimum salary. The Stage Manager may not serve asDance Captain. The Dance Captain may perform as Assistant Stage Manager,however, if it is so stated in the contract and the proper additional payment is made.If the choreographer is in the production and functions as Dance Captain, then theincrement shall be paid as of the first paid public performance.(B) After the week containing the first paid public performance, the Dance Captain’srehearsal hours shall not exceed eight hours per performance week. These may beused for brush-up, replacement, understudy, and conversion rehearsal, subject tothe restrictions described in Rule 54, REHEARSALS. Additional hours to performDance Captain duties will be compensated at the overtime rate.If the choreographer notifies the Producer that the choreographer is unavailable andthe Dance Captain is called upon to set the musical staging and choreography for20

another type of stage, the Producer shall pay the Dance Captain no less than 1/7 ofminimum salary for each day’s work in addition to the Dance Captain’s weeklycontractual salary.(C) Dance Captains shall be billed on the cast page of the program.22. DAY OFF, DAY OF REST AND REST PERIOD.(A) Days Off and Daylight Days of Rest.(1) Definitions.(a) Full Day Off. A full Day Off means 24 consecutive hours in addition tothe normal rest period required after a day of rehearsal and/or performance.(b) Daylight Day of Rest. A Daylight Day of Rest means the period from theconclusion of work on one day until 7:00 PM the following day.(c) Designated Day Off. The Designated Day Off is the 24-consecutivehour period listed on the face of the Actor's contract or in a rider to theActor's contract. [Restated with some revision](2) General Provisions.(a) The Designated Day Off and/or Daylight Day of Rest cannot bechanged without one week's notice to the Actors.(b) Period Between Days Off. There shall be no more than eight daysbetween Days Off, except for the week in which Christmas and New Year'sEve fall, during which the period may be extended to 10 days. Thelimitation described in the previous sentence is not applicable during thefinal rehearsal week.(c) During the rest periods discussed in this Rule, the Actor shall not berequired to perform, rehearse, or in any other manner be at the disposal ofthe Producer.(3) During the Rehearsal Period.(a) Seven or Fewer Days. If there are seven or fewer days of rehearsalprior to the first paid public performance, the Producer need not schedule afull Day Off.(b) Eight to 10 Days. If the rehearsal period is more than seven days, butno more than 10 days, only a Daylight Day of Rest shall be required duringthe rehearsal period.(c) 11 or 12 Days. If the rehearsal period is 11 or 12 days, at theProducer's option, only two Daylight Days of Rest or one full Day Off shallbe required during the rehearsal period.(d) 13 to 28 Days. If the rehearsal period is between 13 and 28 days, theProducer shall provide no less than one full Day Off in each week, exceptas provided in Paragraph (4) below. [See also Rule 34, HOUSING ANDPER DIEM.]21

(4) In the Week of Tech/ the First Paid Public Performance. During the week oftech/week containing the first paid public performance, the Actor shall beentitled to a Daylight Day of Rest.(5) After the Week Containing the First Paid Public Performance.(a) The Actor shall be entitled to one full Day Off with salary in each week.(b) The Designated Day Off shall not precede a day on which a matineeperformance is scheduled except as provided in Rule 47(C)(3).(c) There shall be no rehearsal of the current production on the dayfollowing the Designated Day Off, except in an emergency or under theconditions listed in Rule 55, REHEARSALS.(B) Rest Period. There shall be a 12-hour rest period between the end ofemployment on one day and the beginning of employment on the next day, exceptduring rehearsals and on two-performance days when said rest period may bereduced to 11 hours.23. DEFAULTING PRODUCERS.The Producer represents that the Producer is not in default under any agreement withEquity at the time of engaging an Actor, and that no contract has been entered intobetween said Producer and Equity or any Actor, any breach of which remains unsettledor unliquidated. For the purpose of this Paragraph, the subject matter of a disputecurrently in arbitration or for which a notice of arbitration has been given shall not bedeemed an "unsettled" or "unliquidated" breach.No Actor shall work or be required to work by any Producer, without the consent ofEquity, for any person, co-partnership, corporation, enterprise, or group which has failedto abide by any arbitration award or, where permitted herein, any final determination ofthe Council of Equity, or which, through failure to meet past obligations to Equity, hasbeen placed on Equity's Defaulting Producers and/or Managers List; nor shall any Actorwork for or be employed by anyone who is or has been connected with any defaultingProducer so specified, either as an individual proprietor, general partner, associateproducer, corporate director or officer, or active stockholder, without the consent ofEquity.Should a Producer remain in default of salaries or other monies due Actor(s) for aperiod longer than one year, the Producer agrees that 5% interest, compoundedannually, beginning one year after the default and ending when the claim is paid, shallbe added to and payable as part of said claim. If an Actor is adjudged by the Council ofEquity or an Arbitration Award to be in default to a Producer, interest will accrue on saiddefault in the same manner as above.24. DEFINITIONS. [See also Rule 71 UNION SECURITY](A) Actor. The term "Actor" shall refer to and include persons who are employedunder Equity contracts, including Principals, Chorus, Stage Managers, DanceCaptains Standbys, Swings, and Understudies.22

(I) Part. The term “part” shall mean each character, specialty or function for whichthe Actor is responsible.(J) Principal Actor. The terms "Principal Actor" and "Principal" shall include allActors hired on Equity contracts other than those Actors engaged as Chorus or asStage Managers.(K) Producer. The "Producer" is the individual(s) who sign(s) individual contracts ofemployment or for the rendering of services. This must be the individual(s) who hassigned the security agreement as such.(L) Role. The term “role” shall mean the sum of the parts, specialties, functions andassignments for which an Actor is responsible.(M) Stage Manger. The terms "Stage Manager" and "Assistant Stage Manager"shall refer to and include Actors employed under Equity contracts who are actuallyperforming the work of a Stage Manager or Assistant Stage Manager.(N) Star. A "star" is an Actor earning $1,500.00 a week or more who receives billingabove the title of the production on the title page of the program.(O) Workweek.Sunday.The term "Work Week" shall be defined as Monday through25. DEPUTIES AND REPRESENTATIVES.(A) Deputies. Deputies of Equity shall be permitted in each company. Whenever aChorus is employed, there shall be one or two deputies, as the Chorus shalldetermine, in addition to the Deputy for Principal Actors. Deputies shall have theduty to report non-compliance with the Rules Governing Employment in DinnerTheatres to Actors' Equity Association. Deputies of Equity must be elected andfunctioning at all times in each production. Such election, by secret ballot, shall beconducted by the Stage Manager. The time span of the day during which theelection is held shall be extended by 15 minutes to allow for the election duringrehearsal time. Should a Deputy cease to function as Deputy, for any reason, areplacement must be elected immediately.(B) Representatives. Duly authorized representatives of Equity shall have freeaccess to the stage and to all Actors at all times, inclusive of rehearsals andperformances.26. DISCRIMINATION.(A) Discrimination shall not be permitted against any Actor because of race, color,creed, age, disability, national origin, gender, sexual orientation, political persuasionor belief of such Actor.(B) The Actor shall not be permitted to perform in any theatre or other place ofperformance where discrimination exists because of race, color, creed, nationalorigin, gender, disability, age, sexual orientation, political persuasion or beliefagainst any Actor, or against any patron, as to admission to or seating in suchtheatre or other place of performance. As between Equity and the Actor or cast,Equity shall determine whether discrimination exists at the place of performance.24

(6) To respect the physical property of the production and the theatre, includingapartments, automobiles, and any other off-premises facilities of the Produceror theatre;(7) To abide by all reasonable rules and regulations of the Producer which arenot in conflict with this Agreement; and(8) To abide by all rules and regulations of Equity and not alter, omit, or changethem in any way.(D) If the Actor is late for half-hour or appears at the theatre unable to perform orrehearse due to intoxication or similar cause, the Producer may determine that theActor should not perform. If Equity contests the Producer's determination, thematter shall be submitted to arbitration in accordance with Rule 5, ARBITRATION.The arbitrator shall have the authority to determine whether the penalty of nonperformanceand non-payment imposed by the Producer in a particular situation iswithout just cause. If the arbitrator so determines, the Actor shall receive full salaryfor any performance missed as a result of the Producer's action.(E) Lateness or other infractions of the Equity Rules can subject the Actor todisciplinary proceedings, in accordance with the Constitution and By-Laws ofEquity.(F) All Actor lateness for half-hour call must be reported in writing to both the Actorand Equity. After three such unexcused latenesses (excepting extraordinarycircumstances), the Producer may deduct up to $25.00 from the Actor's salary,subject to Equity's right to grieve the matter, which the employer agrees tocontribute to the Actors' Equity Foundation.An Actor who is absent from a scheduled performance without the permission of theProducer in order to audition and or perform either 4-A's or non-4-A's work or othersimilar activity, may, subject to Equity's right to grieve the matter, be subject topayment of 1/2 week's contractual salary or the actual cost of replacing the Actor forthat missed performance, whichever is greater. In such case that there is no cost ofreplacement to the Producer, the Producer agrees to donate the monies to theActors' Equity Foundation.29. EQUAL EMPLOYMENT OPPORTUNITY [See also Rule 6 AUDITIONS](A) Affirmation. The parties hereto affirm their commitment to a policy of equalemployment opportunity designed to promote the elimination of discrimination andto project a positive model of equal employment and multi-ethnic diversity in DinnerTheatre. Consistent with the foregoing, it is the intention of the parties that thecasting of plays and the hiring of Stage Managers be conducted in a manner thatprovides fair employment to ethnic minorities (African-American, Asian/Asian-PacificAmerican, Hispanic-American, Native American), women, seniors, and Actors withdisabilities.(B) The Producer agrees that the casting of all productions will be conducted in amanner that provides full and fair consideration to ethnic minorities (African-American, Asian/Asian-Pacific American, Hispanic-American, Native American),women, seniors, and Actors with disabilities. All parts or roles shall be open to all26

(1) Equity will maintain records of ethnic minorities (African-American,Asian/Asian-Pacific American, Hispanic-American, Native American), women,seniors, and Actors with disabilities auditioned at all required interview/auditioncalls held in cities where Equity maintains an office. Equity will send to theProducer at least once within each calendar year a tally of the ethnic minorities(African-American, Asian/Asian-Pacific American, Hispanic-American, NativeAmerican), women, seniors, and Actors with disabilities who auditioned at allrequired interviews/auditions.(2) The Producer will maintain records of ethnic minorities (African-American,Asian/Asian-Pacific American, Hispanic-American, Native American), women,seniors, and Actors with disabilities, auditioned at all non-required and/or localauditions and will forward such records including information on Actors hired, toEquity, at least once within each calendar year, on a form supplied by Equity.(F) Script Review. As an aid to achieving cast integration and in order to promotethe employment of multiracial/multicultural actors (which includes ethnic minorities(African-American, Asian/Asian-Pacific American, Hispanic-American, NativeAmerican), women, seniors, and Actors with disabilities) the Producer will submit alloriginal or substantially revised scripts (or outlines) to be produced in the seasonwith such other related information as may be relevant to a Script AdvisoryCommittee of Equity Association consisting of three members of its EqualEmployment Opportunity. This Committee shall act in an advisory capacity only.After reviewing the script, the Committee shall submit recommendations to, and beprepared to discuss with, the Producer, director, playwright and choreographerthose roles in which ethnic minorities, women, seniors, and actors with disabilitiesmight be cast. It is understood that the script is delivered confidentially and is notfor publication, that the recommendations submitted by the Committee are advisory,and that the recommendation of said advisory Committee shall be made only afteran actual reading of the script. It is further understood that the Producer, or on theProducer’s behalf, the director, playwright, casting director, musicalsupervisor/director, or choreographer, shall have the opportunity to discuss thescript and the Committee’s recommendations with the Script Advisory Committee.The Committee shall not disclose its recommendations to anyone other than thedirector, the playwright, the casting director and the choreographer without thewritten approval of the Producer. If the Producer, or on the Producer’s behalf, thedirector, playwright, casting director, or choreographer, gives such written approval,Equity may disclose said recommendations. However, if the Producer, or on theProducer’s behalf, the director, playwright, casting director, or choreographer, failsto request and be or become available for a discussion with the Committee within10 business days of receipt (by certified mail) of the recommendation, the Producershall be deemed to have approved the disclosure of the recommendations byEquity.30. EQUITY - SPECIAL PROVISIONS.(A) Special Power to Act for Actor. Equity may represent the Actors in any disputewhich may arise with the Producer, and Equity may, at all times, represent the28

Actors in relation to any matter arising under any employment agreement, and whenany act or request or consent of any such Actor is provided for in such agreement,the request, consent, or approval of Equity shall, for all purposes, be deemed theconsent, request, approval, or act of the Actors.Whenever it is provided in any employment contract that any act or thing may bedone by an Actor, at the option of or with the consent of or at the request of Equity,or on the demand of or with the consent of such Actor, Equity, representing theActor, has and is given the authority to act for and in place of the Actor and to assertthe Actor’s position or make the request or demand, as the case may be, with all ofthe power and authority of the Actor himself, without liability to itself.In all cases where, by virtue of any employment contract, the consent or approval ofEquity is required, Equity has and reserves full discretionary power to giving itsconsent to change, modify or limit rights of any Actor under the contract, said actionto be taken on behalf of Equity in writing by either the President or ExecutiveDirector or one of the executives especially authorized by either of said officers toact.(B) Meetings: Privilege of Actors to Attend. The Producer shall not require theservices of the Actor for rehearsals at any time when an annual membership,quarterly and/or special membership meeting, as defined in the Constitution ofEquity is being held within 50 miles of where the Actor is rehearsing or performing,except in cases of dress rehearsals or rehearsals on the day of the first paid publicperformance, provided Equity has notified the Producer of the meeting at least twoweeks in advance. Time off for this purpose shall not be counted as part of thatday's rehearsal.(C) Oral and Written Interpretations. Oral or telephone rulings made by Equity arenot binding upon Equity, or except with its consent, upon the Actors. Written rulingsor interpretations of the employment contract or this Agreement must be eitherapproved by or given by the President or Executive Director or one of theexecutives who is specifically authorized by either of said officers to act, and shallbe binding upon Equity only when said persons act within the powers delegated tothem by Equity. Equity will send the Producer written confirmation of all telephonerulings within three business days of the time the ruling is given.(D) Council Powers. Should there be any conflict between any Rules, or any basisfor more than one interpretation as to the meaning of any Rule, the Council ofEquity has the right to determine the correct interpretation or resolve the conflict,and its decision shall be binding upon Equity and the Actors. (For controversiesbetween Equity and Producers see Rule 5.)31. EXCLUSIVE SERVICE OF THE ACTOR.Except as otherwise provided for in the contract of employment, the Actor shall notaccept any other engagement in the legitimate and/or musical comedy fields from thedate of the beginning of rehearsals and until the contract is lawfully terminated, withoutthe written consent of the Producer. The Actor shall not have the right to accept29

modifications thereto which may be adopted by its Trustees during the term of thisAgreement.These negotiated health contribution rates shall provide coverage subject to theeligibility standards established by the Trustees of the Equity-League Health TrustFund.34. HOUSING AND PER DIEM.(A) Producer-Provided Housing.(1) It shall be the Producer's obligation and responsibility to provide suitableliving accommodations for out-of-town Actors at no cost to the Actor. An out-oftownActor shall be defined as an Actor whose primary residence as listed withEquity is more than 75 miles from the theatre. The Actor may not be required toutilize alternative housing (i.e., with relatives or friends) as a condition ofemployment.(2) It shall be the Producer's obligation and responsibility either to have theActor met on arrival in the town or to instruct the Actor in advance where to goon arrival.(3) The Actor may not be required to live on the theatre premises, or in theatreownedand/or Producer-owned premises as a condition of employment. Equityhas the right to inspect "on premises" living quarters.(4) If the Producer owns or leases living accommodations, the Producer mayoffer these to the Actor, provided these accommodations have been approvedby Equity. If the Actor agrees to accept these accommodations, the Actor maydo so in the form of a rider to the contract.(5) Housing shall be within a 20-mile radius of the theatre. The "Y" is not avalid housing option.(6) The Producer shall ensure that there are accessible reasonableaccommodations when an Actor with a disability is engaged.(7) Housing shall be offered to the Actor regardless of race, color, creed,national origin, gender, age, sexual orientation, or political persuasion or belief.(8) The Actor acknowledges that there may not be a choice of housing, but anyhousing offered by the Producer must meet Equity’s standards.(9) If the Producer does give the Actor a choice of housing and does so at least10 days prior to the Actor's arrival at the theatre, the Producer may require theActor to notify the Producer of the Actor's choice within four days after receipt ofwritten notice from the Producer that such prompt choice is required. Once theActor has selected a room from this list of housing choices and notified theProducer or the Producer’s representative of the Actor’s choice, the Actor mustaccept such choice on arrival or make his own housing arrangements. Shouldthe accommodation chosen by the Actor prior to arrival prove not to conformreasonably to the description on the housing list or to the minimum housing31

(a) There is no available public transportation; or(b) There is no suitable living accommodations within 1/2 mile of thetheatre by normal transportation routes.(2) In all cases where no suitable shopping, hair salons, and/or public diningfacilities are available, where the Actor can obtain three meals a day duringnormal meal hours, seven days a week, within 1/2 mile of the Actor's lodgingsand/or the theatre by normal transportation routes, the Producer shall provideroundtrip transportation to such dining facilities daily and to an area ofdiversified shopping, including a bona fide supermarket twice a week (ifshopping is further than 1/2 mile or if there is no pedestrian way betweenshopping and housing). Such transportation shall also include a weekly laundrytrip if facilities are not available at the Actor's housing. Where the Producerprovides vehicles to the Actors on a 24-hour basis, such transportation shall beconsidered fulfilled.(3) If housing and/or restaurants are more than 1/4 mile from the theatre, theProducer will furnish transportation for Actors 65 years of age and over, and forall Actors in the event of inclement weather or in the event that the Actors arerequired to use unlighted roadways after dark.(4) Local transportation may be furnished in a "company car" or a "Cast car"(and they may be the same vehicle), but each car shall be properly insured,operated by a properly licensed driver, and each Actor shall be provided with aseat facing forward in the car. The car shall be in good repair with functioningheating and ventilating facilities and shall be equipped with modern safetydevices. It is further stipulated that such company and/or Cast car will becovered by $500,000/$l,000,000 liability insurance. At the Producer's option,the Producer in lieu of the above, may reimburse the Actor(s) for a rental car tobe used as the company car or Cast car."(5) Transportation shall be furnished in such manner that the Actor will arrive atthe theatre a half hour prior to the beginning of each performance, and promptlyfor each rehearsal, and shall be available to return the Actor to the Actor’s livingquarters no later than a half hour after each performance and promptly aftereach rehearsal. Public transportation shall not mean public conveyance forprivate hire, such as taxis.(D) Per Diem.(1) The Producer is not obligated to pay per diem to the Actor, unless therehearsal period exceeds 13 days, in which case the Producer shall pay theActor a per diem of no less than $17.50 for each additional day of rehearsal ifeither of the below-listed conditions applies:(a) The Actor's place of residence as stated in the contract is not within areasonable commuting distance from the theater; or(b) The rehearsals do not take place in a city where Equity maintains anoffice and in which the Actor was interviewed, auditioned, or signed thecontract.33

36. INJURY AND SUPPLEMENTAL WORKER’S COMPENSATION PLAN.(A) Workers’ Compensation. The Producer agrees to obtain and maintain workers’compensation insurance coverage for all Actors employed. The Producer shallfurnish workers’ compensation accident report forms to the Stage Manager on thefirst day of rehearsal. Equity shall be informed of the Producer's workers’compensation insurance carrier and carrier number, and this information shall beposted on the callboard. The Actor must report all accidents to the Producer or theProducer’s designated representative. Whenever possible, the Actor shall report allaccidents to the Producer or the Producer’s designated representative within 24hours of the occurrence.Failure to obtain and maintain workers’ compensation insurance shall make theProducer liable to the Actor for payments equivalent to any Workers’ compensationlost. This obligation shall survive the termination of the Actor's contract ofemployment.(B) Supplemental Workers’ Compensation Plan. The Producer agrees to providesupplemental workers’ compensation through a plan administered by the Equity-League Health Trust Fund at a cost not to exceed $2.00 per Actor per week.(C) Supplemental workers’ compensation is payable in addition to workers’compensation for an injury received in the course of employment. A schedule ofbenefits may be obtained at the Equity office.37. JUVENILE ACTORS.The Producer shall provide a person with child care experience to supervise three ormore juvenile Actors during the rehearsal period and all performances from half-houruntil each juvenile Actor has been called for by a guardian or parent after curtain down.Such persons shall not perform functions that interfere with the supervision of saidjuveniles. The Producer shall use best efforts to ensure that juvenile Actors shall beprovided with dressing room space separate from adult Chorus and Principal Actors.The use of curtains or partitions will satisfy this Rule.Juvenile Actors shall be defined as those Actors under 14 years of age.38. LAWS GOVERNING.All contracts of employment shall be construed by and shall be subject to the laws of thestate of Minnesota and all the rights of the parties thereto shall be determined by saidlaws, except as otherwise may be provided.If there are any valid provisions of the law applicable to a contract of employment thatare in conflict herewith, the provisions of the contract which conflict shall be deemedmodified in conformity with the provisions of such applicable laws.If any provision of this Agreement shall be held invalid or unlawful by any tribunal ofcompetent jurisdiction, the remaining provisions shall not be affected thereby, but shallremain severally valid, binding, and in full force and effect.35

39. LONG TERM EMPLOYMENT.(A) Every Actor employed in a single production for more than 26 weeks ofperformance shall receive a 5% increase in the contractual salary. This raise alsoshall apply to the Stage Manager and Assistant Stage Manager.(B) Beginning with the 31 st week, the Actor shall receive an additional 10%increase. This raise also shall apply to the Stage Manager and Assistant StageManager.It is understood between the parties that the Long Term Employment rule wascreated to cover the extension of a “hit” show after its standard Dinner Theatre runof ten to twelve weeks. Therefore, this rule shall not apply to Actors employed oncontracts for productions whose initial contemplated run is at least 26 weeks.40. MILITARY SERVICE.If the Actor is called to report for military service, the Actor may terminate the contractby giving the Producer as much notice as the circumstances will permit, and theProducer agrees to pay the Actor's return transportation and the Actor shall not beobligated for payment of the fare of the Actor’s successor.41. NO LOCK-OUT OR STRIKES.The Producer shall not lockout any of the Actors, and neither the Actors nor Equity willcall, sanction or participate in any strike against the Producer during the period of theAgreement between Equity and the Producer. The refusal to report for work by anemployee in good faith because of abnormally dangerous conditions for work at theplace of employment of such employee shall not be deemed a “strike” by that employeefor purposes of this section. The preceding sentence shall be interpreted and given thesame meaning as the National Labor Relations Board and the courts have developedwhen interpreting Section 502 of the National Labor Relations Act, as amended and anarbitrator shall be bound to follow those decisions.”Should a strike by the Actors occur during the period of the Agreement, Equity will bedeemed not to have violated the terms of this Rule, if Equity refrains from assisting,encouraging or condoning and in good faith takes every reasonable means to terminatethe strike at once, and in addition thereto promptly declares publicly that the strike isunauthorized and directs the Actors to cease such conduct.The provisions of this Rule shall not be deemed to affect the express rights of Equity orthe Actor under Rules 11, BREACHES BY PRODUCER; 23, DEFAULTINGPRODUCERS; 49, PRESS RELEASES; and 50, PRODUCTION PROSECUTED ORSUBJECT TO LAWSUIT, CIVIL OR CRIMINAL.42. NON-PROFESSIONALS.(A) The Producer may employ non-professionals (Equity Membership Candidates,students and local jobbers) who are not members of any branch of the 4-A's and/orwho are not members of a performers' union outside the United States.(B) Non-Professional Registration Form. The Producer shall register with Equity ona form supplied by Equity each non-professional associated with the company36

within one week of engagement by filing the person’s name, address, SocialSecurity number, and a statement, signed by the non-professional, that thenonprofessional is not and never has been a member of any branch of the 4-A's.(C) Equity Membership Candidate. An Equity Membership Candidate is a nonprofessionalwho is interested in obtaining training for the theatre and who intendsto make a career in the professional theatre and properly registers with Equity. TheProducer agrees to abide by all the applicable provisions of the Equity MembershipCandidate (“EMC”) program as established by Equity. For work on the Main Stageat Chanhassen, a creditable work week for the Equity Membership Candidate(EMC) shall be defined at this theatre as any two weeks in which the EMCrehearses, understudies, or performs with the Equity company or functions asproduction trainee to the Equity Stage Manager(s) and shall be so reported on theweekly reports.(D) Local Jobber. A local jobber is a bona fide resident of the community in whichthe theatre is located, who is a non-professional as above described, who is in noother manner connected with the professional theatre. A person who qualifies as aLocal Jobber must be given the option to enroll in the Equity Membership CandidateProgram. (E) The Producer may engage children under the age of 14 to playchildren's roles by notifying Equity in writing prior to the first rehearsal. Such use ofchildren will be outside the non-pro ratio.(E) For the purposes of this Rule, the term "Equity contracts" shall mean thecontracts of all Actors signed for the production except Stage Managers and nonperformingunderstudies as defined in Rule 70(A).(F) Principal Roles: Use of Non-Professionals in Principal Roles.(1) Non-professionals may be used in the following ratio only, said ratios to bein effect from the first day of rehearsal:Principal Actor ContractsNon-ProfessionalsTier 1 4 25 26 37 48 59+ EqualTiers 2 & 3 5 26 27 38 49+ Equal37

(1) A Stage Manager or an official Equity representative must be present.(2) The Producer must attest to the direct professional and artistic supervisorycapacity of all persons present (i.e., Producer, director, choreographer); and(3) Sex acts shall not be permitted at any audition.(D) An Actor may not appear nude or perform acts of a sexual nature in the courseof a stage presentation unless the Actor has been advised and gives writtenconsent by the time of contract signing. The script shall be submitted to the Actorfor prior review if so requested.(E) Actual sex acts during rehearsals or performances shall not be permitted.(F) An Actor shall not pose for nude photographs or appear nude for any motionpicture filming, videotaping or other forms of visual recording without the Actor'sprior written consent.(G) Photograph(s) in which any Actor appears nude or performs an act of a sexualnature may not be used in any way without the prior written consent of each Actorappearing in the photograph on a fully executed Equity Nude Photograph/VideoRelease Form. The Actor's written consent must also appear on a copy of thephotograph released. Such request to utilize the photograph must specify thespecific use for the photograph. The signed, released photograph and release formshall be filed with Equity. The Producer and the Actor shall keep duplicate copies.Prior to release or use of any film, videotape, video cassette, or any electronic ormechanical reproduction in which any Actor appears nude, each Actor appearing inthe scene shall be given an opportunity to view the film or tape. Use or releaseshall not be permitted without the prior written consent of each Actor participating ina scene where any Actor appears nude or performs acts of a sexual nature. Suchwritten consent shall be on a fully executed Equity Nude Photograph/Video ReleaseForm. A copy of the written consent shall be filed with Equity.An authorized Equity representative must be present at all such photographing,filming or videotaping and shall be given the opportunity to view the photographs,etc. prior to their use or release.(H) An Actor, while nude, shall not mix with the audience or leave the stage,backstage or performing area. No member of the audience will be permitted toenter the stage, performance area or go backstage while any Actor is nude.(I) Artists renderings of nude Actors shall not be permitted without the Actor's priorwritten consent.(J) The Producer shall be assessed damages of up to one week's contractualsalary for each violation of any of the provisions set forth above in Paragraphs (A)through (I).(K) The above provision shall not preclude the Actor or Equity from instituting anycivil or criminal action in addition to the damages set forth in this Rule.39

44. PENSION FUND AND 401(K) DEFERRAL.(A) Pension.(1) 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.(2) The Producer agrees to make contributions of 8% of the gross weeklypayments to the Actor, but in no event more than 8% of $2,000.00, to saidPension Fund for each and every week of the Actor's employment.(3) Pension reports and payments to the Fund must be filed by the Fridayfollowing the last performance of the first week of the production and everyweek thereafter(B) 401(k) Plan Deferral. The Actor shall have the option to contribute to theEquity-League 401(k) Plan. The Producer agrees to make salary deferrals, asdirected by the Actor, and remit these deferrals to the Plan. No contribution shall berequired of the Producer.45. PERFORMANCES.(A) Place Of. The Actor shall not be required to perform in any other place or uponany other stage than the one on which performances are regularly given, exceptwith the prior consent of Equity.(B) Number Of (See also Paragraph (D)(4) below).(1) A week's work shall consist of no more than eight performances in sixconsecutive days, and there shall be no more than five performances withinthree consecutive days. [But see Paragraph (E)(2) below.](2) There will be no three-performance days.(3) There must be at least one week's notice if there is any change in theperformance schedule.(C) Specifics of Performance.(1) Length Of. Except in an emergency, the length of a performance shall notexceed four consecutive hours from the time half hour is called. Overtime forperformance shall be paid at the prevailing overtime rate per half hour or partthereof. [See Rule 59 SALARIES] In no event shall the Producer be requiredto pay overtime for the first paid public performance of each production.(2) Half Hour Call.(a) After half-hour call, the Cast may not be called to rehearse, acceptscript changes, or be required to accept notes, except in an emergency,and no persons except those connected with the production will bepermitted in the dressing rooms.40

(b) If the regularly scheduled half-hour call is to be changed, the Actor mustreceive no less than 24 hours’ notice. The regularly scheduled half-hourcall may not be changed for the second performance on a two-performanceday. In an emergency, at the Producer's option and in consultation with theStage Manager and Deputy, the regularly scheduled half-hour call for thesecond twinight performance may be delayed to provide the proper restbetween performances as specified in Paragraph (F) (1) below.(3) Intermission. An intermission shall not exceed 30 minutes. If theintermission does extend beyond 30 minutes, each Actor and Stage Managershall be paid the overtime rate per half hour or part thereof, in addition to theweekly contractual salary, for each such infraction. If the intermission exceeds30 minutes because the Actors are not in place ready to perform, no paymentshall be due.(4) Regular Matinees. For any regularly scheduled performance that beginsprior to l:00 PM, the Actor shall receive no less than an additional 2/8ths of theActor’s weekly contractual salary.(5) Theatre Party Matinees. Special theatre party matinees may commence noearlier than 12:30 PM without additional compensation, provided at least 24hours’ notice is given to the Deputy and posted by the Producer for the Cast.(6) The Cast shall not remain on stage if the star or stars speak or performfollowing the final company bows.(7) Late Curtain Down. If on a two-performance day, the final curtain comesdown later than 1:30 AM, the Producer agrees to provide the Actor withtransportation to the Actor’s home or lodgings. [See also Rule 65 (F),TRANSPORTATION AND BAGGAGE.] In addition, if the curtain comes downlater than 2:30 AM, the Actor will receive an additional payment of 2/8ths ofweekly salary for each infraction, except for the first two-performance day ofeach production during which there shall be a 15-minute grace period.(8) Notes.(a) The Cast shall not be called for the giving of notes after a performance,except that on one-performance days within the week containing the firstpaid public performance, the director, choreographer (or both) may givenotes for up to one hour within 90 minutes after the final curtain.(b) No notes shall be given during any performance.(c) There shall be no note sessions held on a two-performance day.(d) If a production runs for more than two weeks, the director and/orchoreographer may call one note session, not to exceed 1½ hours, after aperformance provided the Actors receive at least 24 hours' notice, thedirector and/or choreographer has seen a performance within the previous48 hours, and the director and/or choreographer give(s) the notespersonally.(e) The required rest period shall begin with the end of the note session.41

(f) Additional note sessions may be held in lieu of brush-up rehearsals asprovided in Rule 56(C), REHEARSALS.(D) Payments to the Actor.(1) The Producer shall pay a full week's contractual salary even if fewer thaneight performances are given, except in the week containing the first paid publicperformance, the Producer may prorate contractual salary in accordance withthe number of performances In no case may the prorated rehearsal salary plusthe prorated contractual salary for that week be less than the applicableminimum salary.(2) All performances or rehearsals for which admission is charged, except bonafide benefits endorsed by the Theatre Authority or Equity, shall be consideredperformances for which the Actor must be paid.(3) Except as provided in Paragraph (4) below, a sum of no less than 2/8ths ofweekly contractual salary shall be paid for each performance over eight in aweek.(4) Without incurring additional performance pay, the Producer may develop aschedule that results in nine performances in one week and sevenperformances in another week, provided the following conditions are met:(E) Holidays.(a) The ninth performance may not take place in the week containing thefirst paid public performance;(b) The performance schedule must be attached to the Actor’s contract, orconsecutive production rider, at the time of contract signing;(c) There shall be no violation of the required Day(s) Off or rest periods;and(d) The number of nine-performance weeks and seven-performance weeksshall be equal.(1) The Actor shall receive no less than an additional 1/7 of contractual salaryfor any performance given on Thanksgiving or Christmas Day.(2) If during the week containing Christmas Eve and/or Christmas Day, theProducer provides the Actor with two full Days Off, one of which is the holiday,the Producer may schedule six performances in three consecutive days.(3) There shall be no rehearsal or performance on Thanksgiving, ChristmasEve, Christmas Day or New Year’s Day without giving the Actor at least fourweeks’ notice, or, if the Actor’s contract is signed less than four weeks prior tothe holiday, notice no later than at the time of contract signing.(F) Rest Periods.(1) Between performances there shall be a minimum of 1½ hours’ restexclusive of half-hour .42

(2) If the minimum rest period as specified in Paragraph (1) above cannot begiven, one of the following shall apply:(a) If the Actor receives less than 1½ hours’ rest exclusive of half-hour, butmore than one hour’s rest exclusive of half-hour, between performances,the Producer, at the Producer’s expense, shall provide a choice of anutritional vegetarian or non-vegetarian meal or, at the Producer's option,provide the Actor with a payment of no less than $10.00.(b) If the Actor receives less than one hour’s rest exclusive of half-hour, theActor must be provided with a choice of a nutritional vegetarian or nonvegetarianmeal at the Producer's expense.(c) The Producer may ask the Actor to make the meal selection one weekin advance.(3) Matinees are permitted on a day after a Designated Day Off if there are twoDays Off in the week of the performance or if there is no performance on theSunday evening before the Designated Day Off.(4) No performance may be given on a day scheduled as a Designated Day Offin the week except with the consent of Equity and under such terms andconditions as prescribed by it.(G) Service During the Performance.(1) The performance shall not begin until all aisles, ramps, and stairs used asexits, entrances, or playing areas during the show have been cleared. Theyshall be kept clear during the performance.(2) There shall be no clearing of dishes, no scheduled table or bar service offood or drinks, nor any collecting of payments during the performance exceptwhere production techniques so direct as an integral part of the play. Theforegoing does not apply to intermissions.46. PERFORMANCES LOST.(A) If the company as a whole cannot perform because of fire, accident, strikes,riot, Act of God, or the public enemy, which could not be reasonably anticipated orprevented, the Actor shall not be entitled to any salary for the time during which theActor’s services shall not for such reason or reasons be rendered. Should any ofthe foregoing conditions continue for a period of 10 days or more, either party mayterminate the contract, and the Producer will pay the Actor for all services renderedto date and transportation back to the Actor’s place of residence as stated in thecontract.The word "strikes" as used in this Rule shall not include strikes within the theatrearising because of the default of the Producer or which strikes the Producer couldhave reasonably prevented.(B) If the performances are not given because of a claimed application ofParagraph (A) of this Rule, any Actor who remains at or near the theatre locationand away from the Actor’s bona fide place of residence at the direction of the43

Producer, shall receive a per diem payment of 1/7 of minimum salary for each daythat performances are not given, in no event shall the combined per diem andperformance payments exceed the Actor’s weekly contractual salary. If it isdetermined that this Rule does not apply to the particular situation, the per diempayments made to the Actor may be used as a set-off against any salary paymentsfound to be due.(C) Any dispute between the Producer and Equity as to whether section (A) appliesto any given situation may be submitted to arbitration pursuant to Rule 6,ARBITRATION, and such determination shall be final.47. PERSONAL APPEARANCES.(A) An Actor cannot be required to be at the disposal of the Producer except withinthe specified rehearsal and performance hours.(B) During Rehearsal. Any time taken for personal appearances, newspaper, radioand TV interviews (including transportation to and from the interview site) may notinfringe upon the 12-hour rest period, without the Actor’s consent.(C) After the First Paid Public Performance. Equity sets no limit on the number andlength of personal appearances, newspaper, radio and TV interviews, arranged bythe Producer, but they shall be with the Actor's consent, at the Actor’s convenience,and the Actor shall have the right to limit the number and time devoted to suchappearances and interviews.Provided it is specified in the Actor's contract at the time of signing, in productionsrunning more than four weeks, the Producer may require the Actor to make up totwo personal appearances without additional compensation provided they are withinthe permissible weekly rehearsal hours. Such hours shall count toward the week’srehearsal hours. If such appearances occur outside the permissible rehearsalhours, however, the Actor shall be paid no less than double the overtime rate fromthe time the Actor is called for pick up until the Actor is returned to the pick up site.The Producer will give the Actor at least three days’ notice of a scheduledappearance and shall use best efforts to make the time of the appearanceconvenient to the Actor.(D) When an Actor is required by the Producer (or his authorized representative) toperform at a personal appearance and when the personal appearance comes underthe jurisdiction of AFTRA or SAG, the Producer shall notify the nearest office of theunion having jurisdiction and agrees to pay no less than the applicable AFTRA/SAGrate. The Producer and Actor agree to meet all the requirements of said union. Inaddition, whenever an Actor appears in costume on a news, talk or entertainmentprogram, said Actor shall receive not less than the applicable AFTRA/SAG rate. Ifthe Stage Manager or Dance Captain is required to be present during the televisionappearance, said Stage Manager or Dance Captain shall receive not less than therate received by the Actors.(E) The Producer shall provide round-trip transportation for all interviews andpersonal appearances arranged by the Producer or reimburse the Actor for suchcosts.44

(F) The Producer shall reimburse the Actor for all reasonable personal expensesincurred in connection with personal appearances and interviews arranged by theProducer.48. PHOTO AND COSTUME CALLS. [See also Rule 9, BILLING.]The Producer may require the Actor to pose not only for the customary and usualphotographs for use in programs and lobby displays, but also for photographs to appearin newspapers, promotional brochures, magazines and leaflets for the sole purpose ofpublicizing and advertising the play and/or theatre, under the below listed conditions,but in no event during auditions.(A) During Rehearsal.(1) For each production, two hours in addition to the regular rehearsal hoursshall be permitted for picture calls and/or costume calls. Such additional callmay not be made on a 10 out of 12 hour rehearsal day. Any subsequent picturecalls and/or costume calls shall be included as part of rehearsal time.(2) An Actor who is in rehearsal but not performing shall not be obliged toreturn to the theatre only for such purpose following an evening performance.(B) After the Actor's First Paid Public Performance.(1) All picture calls, other than a single session lasting no more than one hourfor dramatic productions and two hours for musicals, shall be paid for at no lessthan the overtime rate per half hour or part thereof. Except in the event ofreplacements, part of the rehearsal time set forth in Rule 56(C), REHEARSALS,may be used for additional picture calls, subject to the conditions set forthherein.(2) Picture calls at the performance site shall immediately follow aperformance. At picture calls held after the evening performance, the Producershall furnish refreshments.(3) No picture call shall last beyond 1:00 AM for dramatic productions and 2:00AM for musicals.(4) There shall be no picture calls on a two-performance day, unless a majorityof the Cast consents by secret ballot vote.(C) Actors must be given no less than 24 hours’ notice, exclusive of the DesignatedDay Off, of all picture calls, except in the case of (B)(4) above. In such case, theCast must be notified and the secret ballot vote taken no less than one week prior tothe scheduled photo call.(D) Transportation. If the picture call takes place anywhere other than therehearsal site during rehearsals, or the performance site consecutive with theActor's performance, the Producer shall furnish round trip transportation orreimburse the Actor for the cost of such transportation.(E) Still photographs may be taken during a run-through, dress rehearsal, preview,or performance by a bona fide staff photographer, newspaper or magazinephotographer, or other professional photographer, from the rear half of the theatre,45

not in any aisle used for entrances or exits provided no flash or strobe is used. TheCast shall be given notice of such photography no later than at the half-hour call.These photographs are limited to the uses set forth in the first Paragraph of thisRule. The Producer will ascertain whether the photographer is interested in sellingpictures to the Actors, and if so, the Producer will provide the Actors with theinformation necessary for them to contact the photographer.(F) For picture or costume calls held at any other time than that specified inParagraphs (A) and (B) above, the Actor shall be paid no less than 1/8 of theActor’s weekly contractual salary for each day or part thereof employed in suchpicture or costume calls. In the event the Producer requests a picture call for thepurpose of replacing a photograph required to be removed under the provisions ofRule 8(C), BILLING, or for other reasons resulting from the replacement of an Actor,and such picture call involves four or fewer performers, the time and place of suchpicture call shall be mutually arranged between the Producer and Actors and such acall shall trigger the above referenced payment.(G) The Actor shall have the right to approve of all individual non-productionphotographs used or distributed by the Producer that are under the Producer’scontrol. If the Actor withholds permission, the Actor may be required to furnish theActor’s own photographs.(H) Nude pictures, graphics, etc., may not be used without the Actor's prior writtenconsent. No Actor may be required to pose or be photographed in the nude. [SeeRule 43, NUDITY.](I) At all picture calls held away from the performance site, the Actor shall notperform acts or moves involving extraordinary risk or dance on any surface that isnot in compliance with Rule 58(E)(6), SAFE, SANITARY & HEALTHFUL PLACESOF EMPLOYMENT.(J) Other than the uses outlined in Rule 8(A), pictures provided to the Producer bythe Actor or taken at picture calls in conjunction with the play may be used only forthe purpose of promoting the play and/or theatre and for no other purposewhatsoever.(K) All pictures taken during the term of this Agreement and released or used forany purpose shall carry the correct name and identification of those Actors in thepicture.(L) The Cast shall be given the name, address, and phone number of thephotographer, at the photographer’s discretion.(M) Actors must receive picture credit on all brochures, publicity and promotionalmaterial issued during the term of this Agreement that are under the Producer'scontrol.49. PRESS RELEASES.After the Actor leaves the company, provided the Actor’s contract has been properlyterminated, the Producer promptly shall delete the name of the Actor from all press46

eleases, publicity material, and advertising sent out or to be printed after the Actor’sdeparture.50. PRODUCTION PROSECUTED OR SUBJECT TO LAWSUIT, CIVIL ORCRIMINAL.Should the production or a performance in the production in which the Actor is engagedbe complained of as being in violation of any statute, ordinance, or law of the UnitedStates, or Minnesota or any municipality in Minnesota, and should a claim or charge,either civil or criminal, be made against the Actor arising out of the Actor’s employmentin such production, the Producer shall defend the Actor at the Producer's own expense,or shall pay any and all reasonable charges made or incurred by the Actor in the Actors'defense, and indemnify the Actor against any loss or damage which the Actor maysuffer, arising out of the Actor employment in any such production.This Rule does not apply to acts other than those occurring in the course of employmentunless so directed by the Producer or the Producer’s representative.It is specifically agreed and understood between the Actor and the Producer that thelanguage, business, and costuming of the play are under the control and direction of theProducer and author, who, according to custom, can at any time delete or amend thescenes and lines, and that consequently the Actor has no certain method of knowingduring rehearsals whether, in its final presentation, the play is susceptible of beingconsidered immoral or indecent. The Producer therefore represents to the Actor that theplay as produced shall not violate any law or give offense which is punishable by law,and the Producer expressly agrees that should the Producer or the author be arrestedor summoned on such charges, that the Actor may terminate the contract, providedEquity consents. Upon such termination, the Producer shall pay to the Actor all sumsdue under the Actor’s contract plus one week's salary as compensation for thetermination of the engagement without notice; in no event shall the Actor receive lessthan a total of two weeks' salary.This Rule shall not apply to any case or any set of conditions under which itsenforcement would be illegal or against public policy. In the case of an arrest onaccount of the nature of the play or its production, the Producer shall furnish bail for theActor; and, in the event of the Producer’s failure to do so, or for any breach of this Rule,the Producer shall pay to the Actor, Equity consenting, the sum of $1,000.00. After anarrest, the Actor may demand a suspension of performance pending a determination,and such suspension shall not terminate or otherwise affect the terms of the Actor’scontract unless Equity shall otherwise order.51. PROGRAMS. [See also Rules 8, BILLING, 14, CHANGES IN CAST, and 48,PHOTO AND COSTUME CALLS.](A) Cast List. All Actors and Stage Managers shall receive program credit for eachand every role specified in their contracts whenever and wherever the Producerdistributes programs. The Producer will use best efforts to include other roles thatare assigned subsequent to the signing of contracts. If the Producer does notdistribute programs free of charge to the patrons, a cast list will be placed on each47

table. If tables are for more than six patrons, there will be one cast list on the tablefor every four patrons.Actors hired on Equity contracts shall be billed in the cast list above EquityMembership Candidates and Local Jobbers, except where the company is listed inorder of appearance. Further, Equity Actors shall be signified by an asterisk (*) andthe following wording shall appear in the program: "Member of Actors' EquityAssociation, the Union of Professional Actors and Stage Managers.”(B) The Actor shall submit all biographical material and pictures for programs at thetime of contract signing. In doing so, the Actor shall indicate the preferred cuts ifprogram space requires editing. The Actor shall have the right of approval ofbiographical material for the program and souvenir program, which approval shallbe in writing and not unreasonably withheld. Biographical material not approvedwithin 48 hours of its submission to the Actor shall be considered approved.If the Actor does not submit biographical material at the time of contract signing, theActor shall have waived the right of approval of such material as required herein.(C) Errors or Omissions in Program. In the event there are errors or omissions inthe printed program, the Producer agrees that within 24 hours, including at leastone business day, of written notice thereof from the Actor, the appropriate Deputy,or Equity to the Producer or his duly authorized representative, the Producer willplace in the program a a printed slip correcting the omission or error. In addition,the Producer will correct the omission or error in the next printing of the program,provided such notice is given at least 24 hours, including at least one business day,prior to the press deadline.(D) After notification and until the correction is made, errors (other than spellingerrors) or omissions must be announced from the stage or over the public addresssystem before each performance.After proper notice, for each failure to correct the program as above -stipulated, theProducer shall pay the Actor involved a sum equal to 1/8 of minimum salary foreach performance during which the omission or error continues; in no event shallthe Producer be required to pay more than 2/8 of the Actor's contractual salary foreach week or part thereof that the error or omission remains uncorrected.(E) All programs shall contain the language, in conspicuously displayed bold-facetype, that the taking of pictures and/or the making of recordings is expresslyforbidden.52. PROPERTY/VALUABLES.(A) The Actor’s valuables shall be picked up at half-hour and prior to rehearsals,held in the theatre, and stored in a safe place during the performance and/orrehearsal.(B) Valuables shall be handed to each Actor at the end of each performance andnot put on dressing room tables or anywhere else.(C) The Producer shall reimburse the Actor for all loss and/or damage to the Actor’sproperty used or to be used in connection with the production or productions48

covered by the Actor’s contract of employment, and the personal effects of theActor, including the Actor’s baggage, eyeglasses, and personal clothing worn to thetheatre, while any such property is wholly or partly in the possession or control orunder the supervision of the Producer or any of the Producer’s representatives,agents, or employees, or while said property is in any theatre, building, or otherplace in which the production(s) covered by the Actor's contract has been, or isbeing given, or is to be given, or when any such property or personal effects havebeen in any way shipped, forwarded, or stored by the Producer or any of theProducer’s representatives, agents, or employees, up to a limit of $2,000.00 for theActor's personal effects and clothing, and up to a limit of $1,000.00 for the Actor'sjewelry.If the Producer provides facilities for safe-keeping the Actor's personal valuables,jewelry, and/or cash not used in the production while said articles are in the theatre,the Producer shall be liable for loss and/or damage only if said personal valuables,jewelry, and/or cash are given to the Producer or the Producer’s agent for safekeeping.In this regard, the Producer agrees to provide facilities for the safekeepingof said articles and to inform all Actors of these facilities and of thenecessity for using them under the provisions of this Rule by means of a writtennotice posted on the Actor’s callboard.The Producer shall be liable as hereinabove provided, whether or not the act, fault,or negligence of the Producer, the Producer’s representatives, agents, oremployees caused or contributed to such loss or damage. The Producer shall notbe liable, however, 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.Except as above provided, the Producer shall not be responsible for any loss and/ordamage to the personal property of the Actor over and above the limitations hereinset forth, and whereas to such property, it is the duty of the Actor, if the Actordesires, to protect himself against loss to insure the same. The Producer may meetthe foregoing obligations by maintaining adequate and sufficient insurancecoverage that shall provide the same protection as the Producer hereby assumes.Upon the direct payment of any damage or loss to the Actor by the Producer, theProducer or the insurer shall be subrogated to all rights of the Actor to the extent ofsuch payment.The Producer may instruct the Actor not to bring property except wearing appareland jewelry into the theatre that is not necessary to the Actor’s fulfillment ofcontractual duties, or to remove such property from the theatre. Failure of the Actorto obey such instruction shall relieve the Producer of any liability in the event of lossor damage of such property.53. RECORDINGS (FOR USE IN THE PRODUCTION).(A) Equity shall not permit the Actor to work in any production in which recordingsor mechanical or electronic reproduction of voice are used to supply dialogue,singing and chanting, or business where living Actors might be employed, unlessthe Producer shall have first obtained the written consent and permission of Equity,and complies with all such terms and conditions as Equity may prescribe.49

(B) Provided there is agreement in writing, the Principal Actor may record, film, ortape a portion of the role that the Actor performs on stage for use in the production.The recording, film, or tape must be made during the regular rehearsal hours. Itmay be used only during the period in which the Actor is employed, unless the Actorvoluntarily terminates the contract and the Actor’s voice is not identifiable.(C) If the Producer wishes to use the voice of an Actor who is not in the productionfor which the recording is being made, the Producer may do so by paying the Actorno less than two weeks’ of the Actor minimum salary minimum for a maximum of 26weeks' use of the recording.54. REHEARSALS.(A) General Provisions. (Apply to both Principal and Chorus Actors.)(1) The Actor shall rehearse a production for no more than four weeks prior tothe date of the first paid public performance stated on the face of the Actor’scontract. ,(2) Rehearsals shall be considered to be continuous from the date of the firstrehearsal as provided in the contract. If the Actor is required to arrive at thetheatre location at an earlier date, rehearsals shall begin on the date of arrival.(3) If the Producer chooses to start by having a reading with the company, or asubstantial part thereof, said reading is a part of and shall begin the rehearsalperiod for the Actors involved.(4) An Actor arriving for the first rehearsal shall not be called until the Actor hassecured housing in accordance with Rule 34, HOUSING AND PER DIEM, but inno event earlier than two hours after arrival at the Actor’s lodging. Combinedrehearsal and travel shall not exceed 10 hours within a 12- hour span of day.[See also Rule 68(H), TRANSPORTATION.](5) All rehearsals shall commence at the time the Actor is called.(6) When directed to do so by the Producer, the Actor may shop for clothesduring rehearsal hours, but not during the time when the Actor has beenpersonally scheduled to rehearse. If said shopping falls outside of rehearsalhours or the costume call permitted in Rule 48, PHOTO AND COSTUMECALLS, such shopping hours shall be paid for at the overtime rate.(7) The Actor shall not be required to perform in front of an audience until theActor has had at least one full tech/dress run-through on the set. Thistech/dress run-through shall include, but shall not be limited to, rehearsal on theset with such props, lighting effects, mechanical or pyrotechnic devices,weapons, and costumes necessary for the production.(8) No rehearsals are to be called after the evening performance.(9) There shall be no rehearsal on a two-performance day except that when theProducer’s schedule provides for two such two-performance days each week,two consecutive hours of rehearsal are permitted on one such day.50

(10) Rehearsals called for the replacement of musicians shall be paid at theovertime rate per half hour or part thereof.(11) Overtime. Should the Actor rehearse beyond the limitations stipulatedherein, the Producer shall pay overtime for each half hour or part thereof foreach instance of such overtime rehearsal. [See Rule 59, SALARIES] See alsoRule 64(I)(10), STAGE MANAGERS AND ASSISTANT STAGE MANAGERS,and Rule 25(A), DEPUTIES.)(12) Except as provided herein, Equity has full discretionary powers to permitadditional rehearsals and to specify the terms for them.(13) Absence From. When an Actor has been absent from rehearsal for fourdays prior to the first paid public performance because of illness, the Producermay terminate the Actor’s contract at the end of the fourth day. Upon appealfrom the Producer, Equity, in its discretion, may reduce this period.(B) Breaks and Rest Periods.(1) The Stage Manager and Assistant Stage Manager(s) shall be entitled to areasonable number of breaks during the day, to be scheduled in cooperationwith the director and/or choreographer.(2) There shall be a five-minute rest period after no more than 55 minutes ofrehearsal, except during dress rehearsals. If this rest period is not given in anyhour, a 10-minute rest period must be given after no more than 80 minutes ofrehearsal. For each failure to give such rest periods, the Producer shall payeach Actor one hour of overtime.(3) After no more than five consecutive hours of rehearsal, there shall be abreak of one or 1½ hours, at the discretion of the Actors involved.(4) There shall be a minimum of one hour’s break, exclusive of the half-hourcall, before every performance, after which there shall be no rehearsal exceptan emergency rehearsal.(C) Rehearsal Hours.(1) Before the Week Containing the First Paid Public Performance.(a) No Actor shall be permitted to rehearse more than 7 out of 8½consecutive hours in any day, which shall include a 1½- hour recess.(b) There shall be no less than a 12-hour notice of a change in therehearsal call.(2) During the Week of Tech/Week that Contains the First Paid PublicPerformance.(a) Within the three days prior to the first paid public performance, two daysof 10-out-of-12 consecutive hours shall be permitted for work throughtechnical and/or dress rehearsals.51

(b) There shall be no more than five hours of rehearsal on a oneperformanceday, including the day of the first paid public performance,which for the purpose of compensation is not a rehearsal day.(c) For permissible hours on a two-performance day, see Paragraph (A)(9)above.(d) There shall be no less than a 12-hour notice of a change in therehearsal call.(e) Total rehearsal, costume, photo and performance hours combined forthe week, however, shall not exceed 55, without the payment of overtime.(3) After the Week Containing the First Paid Public Performance.(a) General Provisions.(i) After the week containing the first paid public performance of anyproduction, further rehearsal of that production without additionalcompensation is limited to a total of eight hours per week. These hoursmay be used for brush-up, replacement, understudy, technical, andconversion rehearsal, subject to the below-described restrictions.(ii) All brush-up, replacement, and understudy rehearsals must berun by the Director, Choreographer, Musical Director, Stage Manager,or Dance Captain.(iii) The Actors shall receive no less than 24 hours' notice of anyrehearsal after the first paid public performance, except for emergencyreplacement rehearsals and/or understudy put-in rehearsals.(iv) There shall be no rehearsal of the current production on the dayfollowing the Designated Day Off, except in an emergency or asprovided in Paragraphs (b)(v) and (c)(iv) below. [See also Rule22(A)(5)(c).](b) Brush-up Rehearsal.(i) There may be one brush-up rehearsal, which shall not exceedfive hours.(ii) In productions that run for four weeks or more, an additionalbrush-up rehearsal may be called every two weeks; this rehearsal shallnot exceed three consecutive hours.(iii) There shall be no brush-up rehearsals on a two-performance dayexcept with the permission of Equity, which will not be unreasonablywithheld.(iv) A note session may be held in lieu of a brush-up rehearsal. [SeeRule 45(C)(8)(f), PERFORMANCES.](v) There shall be no brush-up rehearsal on the day following theDesignated Day Off, except:52

(a) When the day following the Designated Day Off is the “PressOpening,” wherein one brush-up rehearsal, not to exceed fivehours, is permitted; or(b) When a performance is not scheduled on the day following theDesignated Day Off and the brush-up rehearsal begins after 7:00PM.(vi) New Material and Restaging. The first five-hour rehearsalpermitted in Paragraph (a) above may be used for the insertion of newmaterial or restaging, but not for the insertion of a newly choreographeddance number. All additional rehearsal of new material or restagingshall be paid for at the overtime rate.(c) Replacement and Understudy Rehearsal.(i) The limitations in Paragraph (3)(a) above are applicable toreplacement and understudy rehearsals.(ii) There shall be no more than five hours of such rehearsal on aone-performance day, and no more than two hours of rehearsal on atwo-performance day. [See also Rule 69(A), UNDERSTUDIES.](iii) Adequate technical rehearsal with other involved companymembers shall be provided for all understudies and replacementsbefore they are required to perform in front of an audience. Suchtechnical rehearsal shall include, but shall not be limited to, rehearsalon the set with such music, props, lighting effects, mechanical orpyrotechnical devices, weapons, and costumes as are used in theproduction.(iv)Put-In Rehearsal on Day After Designated Day Off.(a) There shall be no replacement or understudy rehearsal on theday after a Designated Day Off, except there may be a put-inrehearsal of up to four hours, at no additional cost, if the dayfollowing the Designated Day Off is the day on which a replacementor understudy is performing for the first time.(b) There may also be a put-in rehearsal of up to four hours, at noadditional cost, if the Designated Day Off is Monday, and areplacement or understudy is performing for the first time at theWednesday matinee. The start time for this put-in rehearsal shallbe no earlier than 7:00 PM on Tuesday; by unanimous secret ballotvote, however, the Cast may alter the starting time for therehearsal.(v) Put-In Rehearsal (General). In the event an understudy orreplacement is performing for the first time, the Cast or any part ofthereof may be called on the day of the performance, at no additionalcost, for a three-hour put-in, if the day is a one-performance day, or fora two-hour put-in, if the day is a two-performance day. [See also Rule53

55, REPLACEMENTS.] These specific rehearsal hours may exceed theeight-hour limitation stated in Paragraph (a)(i) above without triggeringthe payment of overtime.(vi) When an Actor is being replaced and the replacement Actor isnot ready to perform, resulting in the cancellation of a normallyscheduled performance, those performance hours may be used forreplacement rehearsal without additional compensation.(vii) Understudy and/or put-in rehearsal shall not be combined withbrush-up rehearsal.(viii) Emergency Replacements. If during an engagement a PrincipalActor is unable to perform due to accident or illness and no member ofthe company is prepared to undertake the Principal Actor's role withoutadditional rehearsals, Equity will permit such additional rehearsals asare reasonable under the circumstances of each particular case. Suchrehearsals shall be paid at the overtime rate per half hour or partthereof.(D) Rehearsal for the Subsequent Production.(1) After the first paid public performance, no Actor shall rehearse more than 5-out-of-6½ consecutive hours on a one-performance day, which shall include a1½- hour recess.(2) For rehearsal on a two-performance day, see Paragraph (A)(9) above.(3) Should a production be scheduled to run for more than two consecutiveweeks, the Actor employed in said production shall not be required to rehearsefor the subsequent production except during the three weeks prior to its firstpaid public performance.(4) Salary for Consecutive Productions. [See Rule 59(B), SALARIES.](5) Scheduled overtime is prohibited for Actors rehearsing under a ConsecutiveProduction Rider.55. REPLACEMENTS.(A) Every Actor whose employment is terminated by the Producer must be replacedso that the number of Equity contracts will not be diminished.(B) Actor Re-engaged or Replaced. Should a Producer terminate an Actor’semployment, the Producer may not later re-engage the Actor for the same part orreplace the Actor with another Actor at a lesser salary than the highest salary of theActor whose employment was terminated, without the written consent of Equity.This salary shall include any increment due to the Actor under Rule 39, LONGTERM EMPLOYMENT.If the Producer terminates an Actor, the Actor's replacement shall rehearse for atleast three days or receive payment in lieu thereof. The replacement Actor mustrehearse at least eight hours before going on.54

(C) A replacement Actor who sings or dances in the production must have at leastone musical rehearsal before going on.(D) If a replacement is hired to replace an Actor who is out of the production due toillness or vacation, or if only one week remains of the run of the production, thereplacement may be signed to a contract with a one-week guarantee provided it isso stated on the face of the replacement Actor’s contract.56. REPORTS.(A) W-2 Forms. W-2 Forms shall be furnished to the Actor no later than 30 daysfollowing the closing of the theatre or the end of the calendar year, whichever issooner. In its discretion, at any time, Equity may require the Producer to submitproof satisfactory to it that all Actors employed are given a withholding tax receipt(W-2 Form) and statement of Social Security deductions. Each Actor shall receiveall information regarding refundable state and local taxes and all forms applicable tothe same, or if not immediately available, information as to where such forms maybe obtained, with the Actor’s final paycheck.(B) Weekly Report to Equity. The Producer must furnish Equity with a weeklyreport, on a form supplied by Equity for that purpose, listing all the Actors and nonprofessionalsemployed in each production by the Friday following the Sunday ofthe previous week. After four weeks, for each additional week of failure to file thereports, the Producer shall pay to the Actors' Equity Foundation the sum of $100.00.Failure to file such reports shall constitute a breach entitling Equity, among otherthings and without any limitation, to refuse to release the balance of the security thatwas deposited with Equity until the above requirements have been met.If, within four weeks of receipt of such reports, Equity fails to notify the Producer of apossible violation based upon that report or fails to request further informationconcerning that report, Equity shall not thereafter take any action or make any claimbased upon such report.57. ROLES AS WRITTEN.Should any role be substantially cut or altered prior to the signing of the contract, a ridershall be attached to the contract in which the Actor agrees to the altered role. The Actorshall be given a revised script as soon as it becomes available.58. SAFE, SANITARY, AND HEALTHFUL PLACES OF EMPLOYMENT.The Producer agrees to provide the Actor with a safe, sanitary, and healthful places ofemployment.(A) The stage, playing area, backstage, and aisles used by the Cast shall bemaintained at a healthful temperature during the performance and rehearsals.If the theatre is air-conditioned, best efforts will be made that all areas within thetheatre in which the Actors work shall also be air-conditioned. The surface of theplaying area shall be clean and dry.The Producer agrees that before each performance an announcement will be maderequesting the audience not to smoke during the performance.55

(B) Dressing Rooms.(1) Separate dressing rooms for male and female Actors will be provided.Dressing rooms, except quick-change booths, shall be of a permanent type andlocated in the theatre.(2) There shall be no less than 30 inches of dressing table space for eachActor.(3) The Producer shall use best efforts to provide lighting from two sources witha minimum of 150 watts of useable light. There shall be no fluorescent lightingunless the fluorescent lighting is warranted by the manufacturer to be used formake-up purposes.(4) Dressing room floors, except for carpeted floors, shall be washed at leastonce a week. Carpeted floors shall be vacuumed or swept at least once aweek.(5) Dressing rooms shall be private and for the sole use of the Actors. TheProducer will use his best efforts to keep the backstage area restricted to themembers of the company involved in the theatrical production from a half hourbefore to a half hour after performance.(6) All dressing room windows and exterior doors shall be screened whereverstructurally possible and wherever fire regulations permit.(7) If the theatre is air-conditioned, all dressing rooms shall be air-conditioned.If the theatre is not air-conditioned, the Producer shall provide mechanicaldevices in dressing rooms to insure proper ventilation and the circulation offresh cool air.Should the Producer not provide adequate mechanical devices within 24 hoursof notification from Equity, including one business day, the Actor, Equityconsenting, shall not be required to remain at the theatre.(8) The Producer agrees to provide heat in the dressing rooms if the outsidetemperature falls below 60 degrees. Heat shall be turned on in the dressingroom at least one hour before the Actors' call time. Should the Producer notprovide heat within 24 hours of notification, the Actor, Equity consenting, shallnot be required to remain at the theatre.(9) Dressing room entrances shall be properly lighted. Dressing roomentrances and windows shall be properly masked from the view of the audienceto insure the Actors' privacy.(10) The Actor must not be exposed to inclement weather in order to make astage entrance or exit.(11) Lights and heat or air-conditioning must remain on at least a half hour afterthe performance, note session, or picture call.(C) Showers, Toilets, and Sinks.56

(1) Showers. In the same building and in the dressing room area, there shall beseparate showers, with hot and cold running water, for male and female actors.(2) Toilets. Separate clean and sanitary toilets shall be provided for male andfemale actors.The toilets shall be separate facilities from those provided for the public andkitchen personnel.All toilets shall be enclosed in a permanent walled area with a door, equippedwith a working lock, operable from inside the stall. Any walkway between thedressing rooms and the toilet facilities shall be masked from the view of theaudience.(3) Sinks. Sinks with hot and cold running water shall be available in orreasonably convenient to the dressing rooms. "Reasonably convenient to" shallmean within the same building and in the dressing room area. Soap and towelsshall be available.(4) Minimum Facilities for the Theatre:Sinks Toilets ShowersMainstage: 5 2 3Fireside 4 2 2Playhouse 3 2 2(D) Rehearsal Space. The Producer shall make available adequate coveredrehearsal space, which shall be safe, comfortable, and healthful at all times.(E) Safety Precautions.(1) Ramps or other leveling devices shall be installed wherever possible.Where ramps or other leveling devices cannot be installed due to elevatorstages or moveable thrust stages, all risers shall be indicated with luminousguide tape, luminous paint, or guide lights(2) All ramps or aisles shall be at least 2 ½ feet wide. This width shall bemaintained at all times.(3) Guide Lights. All ramps, stairways, entrances and exits, cross-over areas,or off-stage passageways which may be affected by blackouts shall beilluminated with guide lights. Luminous guide tape, paint, or guide lights shallbe installed wherever there is a rise. There shall be a warning light, luminoustape or paint at eye-level on both sides of every pole located in an aisle or anyother obstruction in an aisle which Equity shall deem to be injurious or unsafe.There shall be side rails on any ramp adjacent to any pit, and guide lights,luminous tape or paint on the stage edge adjacent to any pit.(4) Aisles shall be maintained in a firm and even condition and, if notconstructed of a hard surface such as concrete, asphalt, or macadam, must becovered securely. (See also 6 below)(5) Drapes must be trimmed to floor length.57

(6) Rehearsal, Dancing and Performing Surfaces. Actors shall not be requiredto audition, rehearse dances, dance, or perform choreographed running onconcrete or marble floors or on any other surfaces which Equity shall deem tobe injurious or unsafe, or on wood or any other substance laid directly oversuch similar surfaces which do not provide air space of at least 1 5/8 inchesbetween the concrete or marble or similar supporting surface and the dancingsurface. Exempt from this Rule are building materials which have been or maybe developed that provide a resilient surface for dancing, provided they areapproved by Equity. If aisles are used for dancing they must meet the abovestated requirement.Where a portable stage is used, platforms must be fastened securely and thestage completely covered by a single deck of such material as wood ormasonite. The edges of all decks must be clearly visible or, if not, guard railsmust be fastened in order to preclude the possibility of injury. Pits that are notin use shall be covered completely by a non-flexible material.(7) Rosin shall be furnished wherever dancers rehearse or perform.(8) The Producer shall provide two cots, one for each gender, at all rehearsalsand performances, accessible to any Actor at all times. Unless a cot isprovided in each dressing room, the required cots shall not be in anyindividual's dressing room but shall be easily available to the entire Cast.(9) First Aid Kit. First aid kits, stocked with adequate supplies, shall beavailable and easily accessible at all times wherever the Actor is required torehearse, dress, or perform.(10) Stage Entrance. Alleys and roads leading to stage doors shall beaccessible and properly lighted.(11) When the Cast is assembled in the theatre, there shall be a fire drill,involving instruction to the entire cast and an actual evacuation of the buildingthrough the fire exits. This shall be part of each rehearsal period but shall notbe counted as part of rehearsal time.(F) Monitor System. A monitor system shall be installed between the stage and thedressing rooms so that the Actors can follow the progress of the performance. Themonitor shall be turned off from the half-hour call to curtain time and duringintermission. The monitor system shall be on from the "places" call to curtain downof each act.(G) Backstage Music. No music shall be piped into the dressing rooms during halfhouror intermissions.(H) Drinking Water. Ample, pure, cool drinking water shall be provided whereverthe Actor is required to rehearse or perform.(I) Raked Stage. The total rake of any stage shall not exceed 1/2 inch per foot.(J) Inspection and Compliance. The Producer agrees that Equity's representativeshall have the right to inspect the Producer's theatre to determine whether theProducer has complied with the safe and sanitary requirements set forth in the58

foregoing provisions of this Rule. Any deficiencies shall be reported in writing toEquity and the representative shall furnish the Producer with a copy of such report.Upon receipt of such report, Equity may notify the Producer in writing to correct thedeficiencies. Unless the Producer either corrects the deficiencies noted or givesEquity assurances satisfactory to it that such deficiencies will be corrected promptly,Equity may certify the theatre as unauthorized for rehearsal, performance, or both,as Equity may determine. Upon such certification and until correction of thedeficiencies or the giving of assurances satisfactory to Equity that they will becorrected within a reasonable time, Equity may require the Cast to refrain fromrehearsing and/or performing in the theatre.(K) Smoke and Haze. The Producer agrees to use only dry ice, liquid nitrogen, orsubstances listed in, and in accordance with the specific limits set forth inEQUIPMENT-BASED GUIDELINES FOR THE USE OF THEATRICAL SMOKEAND HAZE prepared by ENVIRON International Corporation, dated May 14, 2001,as may be amended by Environ and Mount Sinai Hospital and approved by theEquity-League Pension and Health Trustees.59. SALARIES.(A) Rehearsal Pay and Minimum Salaries.(1) General Provisions.(a) The actual salary of the Actor upon which the parties have agreed shallbe stated in the contract and a lesser or fictitious salary shall not be statedin the contract.(b) The Producer and the Actor will make no agreement that includes in, ordeducts from, the contractual salary the necessary rehearsal pay or anyother sums that are due or may become due.(c) No contract or rider thereto shall specify two salaries for any week. Inthe event two salaries are specified, the higher salary shall prevail and anyand all additional payments that are due or may become due in accordancewith this Agreement shall be based on the higher salary.(d) The Producer shall pay all salaries no later than the day before the lastbanking day of each week. If payment is by check, the Producer mustmake arrangements for the cashing of such checks at a convenient locationor at the theatre. In no event shall the Actor be required to stand in line withthe public in order to be paid or cash payroll checks.(e) Checks must be cashed by the Producer by the final day of theworkweek, except that if the Cast is paid on or before Thursday, salarychecks to be cashed must be presented prior to Saturday.(f) No check or draft, either of the Producer or a third party, given to orreceived by the Actor in payment of any sum under the Actor's contract,shall operate to minimize or affect the Actor's claim for salary or othercompensation under the that contract.59

(g) No deductions may be made from salaries for illness or performanceslost [See Rule 35ILLNESS and Rule 46, PERFORMANCES LOST] withoutone week's notice, except during the Actor's final week of employment.(h) Along with salary, the Actor shall be given a voucher separate ordetachable from the paycheck which itemizes earnings as taxable and nontaxableas well as itemizing applicable deductions such as local, state, andfederal taxes, Equity dues, expense money, and overtime payments.(i) The Actor may not be required to return to the theatre or make a specialtrip to the theatre in order to collect salary.(2) Minimum Salaries. The following minimum salaries shall be in effect:Actor SM ASM ASM (if acting)Main Stage: $588.00 $739.00 $588.00 +$45.00Fireside: $419.00 $509.00 $419.00 +$39.75Cabaret: $389.00 $465.00 $389.00 +$36.50(a) The Producer agrees to pay the Actor per week no less than theapplicable above-stated minimum amount, commencing with the requireddate of arrival of the Actor, except when the Actor is called upon torehearse for four days or less. In such an event, the Producer may proratethe Actor’s compensation at no less than 1/7 of the Actor’s rehearsal salaryper day or part thereof. Compensation shall be computed consecutivelyfrom the day the Actor is required to arrive to the Actor’s first paid publicperformance. If the Actor is called upon to rehearse more than four days,but fails to do so through no fault of the Producer, said Actor'scompensation also may be prorated, as above-indicated.(b) Full Salary During Rehearsal. The Stage Manager and Assistant StageManager(s) shall be paid full contractual salary during rehearsal,commencing with the first day of employment.(3) Additional Duties.(a) Additional Parts or Understudy Assignments. A Principal Actor shall notbe required to do any additional work without mutual agreement and anadditional negotiated compensation therefore which shall be no less than$10.00 per week. Additional work is defined as playing additional parts orunderstudying additional roles not specified in the Actor’s contract at thetime of its original signing.Set or Prop Moves. To determine if payment is required when an Actorperforms a set or prop move, see Rule 61 SET AND PROP MOVES.](B) Rehearsal Salary for Consecutive Productions.(1) An Actor, including the Stage Manager, working in one show may beemployed for the next by means of a rider to the existing contract.(2) The Producer shall be permitted to schedule limited rehearsal under thisprovision on the Designated Day Off. Each Actor shall be paid at no less than60

the overtime rate for any hours worked up to 3½ hours, and no less than 1½times the overtime rate for any hours worked beyond 3½ hours.(3) At the time of signing, the Producer must stipulate which of the below-listedpayment methods shall be in effect for the rehearsal of the subsequentproduction. The Producer may not use both the Fixed Rate and the HourlyRate in the same production.(a) Fixed Rate. The Actor shall be paid for rehearsal, in addition to weeklycontractual salary, no less than $146.25.(b) Flexible Rate.(i) If an Actor, including the Stage Manager, is employed on theFlexible Rate, weekly rehearsal hours shall be limited to no more than32.(ii) The Actor shall be permitted to rehearse no more than sevenhours on a non-performance day or one-performance day and no morethan two hours on two-performance days.(iii) The Actor shall be paid for rehearsal, in addition to the weeklycontractual salary, at the rate of 1/40 th of the applicable minimum salarytimes the number of hours actually rehearsed, but in no case less thanthe applicable Fixed Rate per week. [See Paragraph (a) above.](iv) If contracted for a subsequent production on a new contract, theActor shall be paid full rehearsal salary as set forth in Paragraph (A)(2)of this Rule, and Rule 54(B), REHEARSAL HOURS PRIOR TO THEFIRST PAID PUBLIC PERFORMANCE, shall apply.(C) Overtime. Should the Actor rehearse or perform beyond the limitationsstipulated in Rule 54 and 45, the Producer shall pay overtime for each half hour orpart thereof for each instance of such overtime.Main Stage: $10.50/half hourFireside: $7.50/half hourCabaret: $6.95/half hour(D) Per Diem. To determine if and/or when the Actor shall receive a per diem, seeRule 34, HOUSING AND PER DIEM.60. SECURITY AND SECURITY AGREEMENTS.(A) Security Agreements. The provisions of any and all agreements relating tosecurity deposited or agreed to be deposited with Equity covering any employmentunder this Agreement and any contracts of employment hereby are adopted andmade part of this Agreement and said contracts. This includes agreements onforms now called "Security Agreement," and "Producer's Statement t." It is of theessence of this Agreement and all contracts of employment and a conditionprecedent to the engagement of the Actor that the Producer shall have filed andmaintained with Equity a satisfactory security as required by Equity's existingSecurity Agreement and Rules.61

(B) Posting of Security. A Producer shall be ineligible to employ Actors unless anduntil the Producer shall have furnished security in such amount and in such mannerand form as may be satisfactory to Equity to insure the payment of the claims ofActors against the Producer.\No Actor shall work or be required to work or continue in the employment of anyperson or management or any company if and when Equity shall be dissatisfied withthe quality or amount of any security which may be offered or given or requested byEquity to secure the payment of any claim, present or future, of any Actor.61. SET AND PROP MOVES.(A) An Actor shall be permitted to set props and small set pieces and to movefurniture and set pieces specifically designed to be easily deployed by such Actor,without payment of additional compensation, provided that such action is within thescope of the Actor's character in the production and that such movement wouldcustomarily be performed by such a character during the action depicted in theproduction.(B) An Actor shall be permitted to set props and small set pieces and to movefurniture and set pieces specifically designed to be easily deployed by such Actor,without payment of additional compensation, provided that such action coincideswith the Actor's entrance into, or exit from, a scene in which the Actor takes part asan integral and necessary participant in the staged plot. Such movement need notbe attributed customarily to any character during the action depicted in theproduction. Resetting of props in a scene by Actors participating in the scene shallbe permitted.(C) Payment Required. With the prior written approval of Equity, an Actor assignedany set or prop moves other than those described in the Paragraphs (A) and (B)shall be paid no less than $5.00 per week for each move assigned, commencingwith the first paid public performance of the production.(D) Prohibited Without Consent. The following work will not be permitted exceptwith the permission of and under terms satisfactory to Equity:(1) Set or prop moves which are inherently hazardous due to location on stage,weight of the set piece or prop, construction, pyrotechnic or electrical effects,proximity to machinery, or simultaneous movement of other scenery or effects;and(2) Set or prop moves or other assignments not customarily undertaken by theActor that interfere with the normal work of the Actor or for which the Actor maybe engaged to the exclusion of other work normally assigned to an Actor.62. SOCIAL SECURITY ANDUNEMPLOYMENT INSURANCE.It is understood and agreed that the Actor is entitled to the benefit of all federal andstate laws constituting what is commonly known as the Social Security Acts andunemployment insurance and that the Producer during the term of this Agreement and62

all contracts of employment shall pay any and all taxes or payments required to be paidby employers under the provisions of said law.The Producer agrees to provide Social Security benefits under the elective provisions ofthe Social Security Law, even if not required to provide benefits under the law. In theevent the services of the Actor are not subject to the compulsory provisions of anunemployment Insurance law of any state, the Producer hereby agrees to elect to coverthe Actor and pay contributions on the earnings of the Actor under the electiveprovisions of the unemployment insurance law of the state of New York and/or suchother eligible state as Equity may determine to be in the best interests of the majority ofthe Actors employed by the Producer. In the event, however, the Producer is noteligible to elect to come under the New York state unemployment insurance law andEquity has not designated another eligible state, then the Producer agrees to elect tocome under the unemployment compensation (insurance) law of Minnesota or of thestate of the Actor's residence or of the state into which the contract of employment wasentered. The Producer agrees to elect coverage and to pay contributions within thetime required by applicable state law. When such election is made to New York state,the Producer agrees to report the Actor by name, Social Security number, and by NewYork address to the appropriate agency during the first week of the Actor's employmentand in no event later than the quarter in which the work is performed.The Producer agrees to execute and file the necessary forms required by the stateunemployment insurance law under which the Producer has elected to cover the Actorand shall notify the Actor of this election.Simultaneously with the posting of security, the Producer shall submit proof satisfactoryto Equity that the Producer has applied for unemployment insurance coverage anddeliver a true copy of said application to Equity. The Producer warrants and representsthat the Producer will not withdraw such application nor modify or change it without thewritten consent of Equity.In the event any Producer fails to apply for unemployment insurance coverage orwithdraws or modifies any application for such coverage without the written consent ofEquity or fails to elect coverage within the time required by applicable state law or failsto pay the required insurance contributions to the appropriate state agencies within thetime required, the Producer in that event must pay to the Actor the equivalent of anyunemployment insurance benefits the Actor may lose as a result thereby. Thisobligation shall survive the termination of the Actor's contract of employment.Equity may require the Producer to furnish satisfactory evidence that the Producer hasobtained and maintained maximum unemployment insurance coverage for the Actorsemployed in accordance with this Rule. If Equity is not so satisfied, it may retain theProducer's security (bond) as a fund against such claims.63. STAGE FIGHTING. The following regulations shall be followed whenever theProducer requires an Actor to engage in stage combat.(A) The Actor shall agree in a rider to participate in stage fighting.(B) If the Producer does not employ a fight director/choreographer for the durationof the production, a qualified Fight Captain shall be assigned by the first rehearsal63

and so designated by a rider to the Actor’s contract. The Fight Captain shall bepaid no less than $15.00 per week in addition to their weekly contractual salary fromthe date of assignment. Equity shall be notified of said assignment within one week.It is understood that the assignment of a Fight Captain is solely to insure the safetyof fight participants and is not required for the purposes of compensation.(C) All Actors who participate in a fight shall run through the routine under thedirection of the fight director/choreographer or Fight Captain before a performancewhenever necessary. Any exception to this provision shall be at the expressdiscretion of the fight director/choreographer or the Fight Captain. Such runthroughsshall not be deducted from regular rehearsal hours.(D) Props and weapons used in stage fights shall be checked and maintained forsafety prior to every performance and rehearsal.(E) The fight director or choreographer and/or Fight Captain shall consult withartistic personnel appropriate under the circumstances to reasonably protect theActors from injury.64. STAGE MANAGERS AND ASSISTANT STAGE MANAGERS.(A) There shall be at least one Stage Manager on Equity contract for eachproduction who shall be solely responsible for the stage managerial functions.(B) Pre-Production.(1) A Stage Manager who is engaged to rehearse a production and who hasnot been engaged on the immediately previous production shall be engagedone week prior to the first day of rehearsal.(2) Any Stage Manager who is engaged on the immediately precedingproduction need not receive pre-production.(C) Assistant Stage Manger.(1) An Assistant Stage Manager (ASM) must be employed on an Equitycontract whenever the Stage Manager works from a booth that does not havedirect access to the backstage area. This ASM may be permitted to actwhenever the ASM’s performance duties do not reduce the ASM’s ability toeffectively perform Stage Managerial functions.(2) An ASM who may act or understudy shall be hired on an Equity contractduring rehearsal for any production that meets either of the following conditions:(a) Concurrent rehearsals are being held.(This does not preclude holdingseparate music rehearsals or coaching, dialect coaching, or other similaractivities at which staging is not taking place.); or(b) The Stage Manager is under contract to rehearse a subsequentconsecutive production during the performance hours of the currentproduction.64

(3) An ASM who may act or understudy shall be hired on an Equity contractduring both rehearsal and performances of any production that meets either ofthe following conditions:(a) The production is a musical with a chorus; or(b) The production has an on-stage company of 18 or more.(D) Experience/Training. Because of the responsibilities of the Stage Manager forthe production and for the safety of the Actors, the Producer agrees to employ aperson who is experienced and/or trained in theatrical stage management.(E) If any Producer is employed as the Stage Manager or required ASM, theProducer must be present and perform the functions and duties of the StageManager or required ASM.(F) The use of the words "Stage Manager" and/or "Assistant Stage Manager"and/or "members of the Stage Managerial staff" along with the word "Actor" in anyof the Rules of this Agreement have been inserted for added emphasis and/orclarification. The failure of those descriptions to appear in a Rule is not meant toimply that the Rule does not cover those categories of employment. StageManagers and ASM's are covered by all Rules in this Agreement except wherespecifically stated otherwise.(G) Either the Stage Manager or the ASM shall be present at all rehearsals andperformances. An ASM shall be the individual who is assigned to assist the StageManager(s) on a specific production. An ASM may not be assigned the primaryresponsibility for stage managerial functions for any production.(H) No Producer shall require any Stage Manager or ASM to perform any duties ofa Stage Manager or ASM until the Stage Manager or ASM has signed a contract(after security has been properly posted with Equity) and the Producer has giventhe Stage Manager or ASM instructions as to what work will be done.(I) When a Stage Manager or ASM is called to perform services in a productionbefore rehearsals begin, including, but not limited to, interviews and auditions, orafter the production has closed, the Stage Manager or ASM shall be paid no lessthan 1/6 of weekly contractual salary per day. [But see (2) below.](1) If auditions are for three consecutive hours or less on one day, the StageManager shall receive no less than 1/12 of weekly contractual salary.(2) The above-mentioned 1/6 of weekly contractual salary for auditions of ashow applies if the Stage Manager is not hired for the next show, in which casethe Stage Manager may work seven out of 8 ½ hours per day. If the StageManger is hired for the next show, the consecutive production rehearsalincrement applies to such a situation, as do the hour limitations set forth inRules 61(C), SALARIES and 56(D), REHEARSALS.(J) If the Producer terminates the Stage Manager's employment, the Stage Mangermay not be re-engaged or replaced in the same production at a lesser salary.65

(K) The Council of Equity shall have the power from time to time to define themeaning of the word "Stage Manager" and may alter, change, or modify themeaning of Stage Manager as hereinabove defined.(L) Working Conditions for Stage Managers and Assistant Stage Managers.(1) Whenever the Actors are called, the Stage Manager or Assistant StageManager shall be called and present.(2) Meal breaks shall be the same intervals as for Actors but not necessarily atthe same time.(3) Whenever the Stage Manager's schedule is different from the Actors', theProducer shall provide separate transportation for the Stage Manager to mealsand lodging.(4) The rest period between the end of employment on one day and thebeginning of employment on the next shall be no less than 10 hours.(5) A Stage Manager shall have a Day Off in each week except during the firstweek of public performances of a production, and, if called on the Day Off, theStage Manger shall receive an additional 2/6 of weekly contractual salary.(6) The Producer shall provide time off for the Stage Manager and ASMequivalent to the Daylight Day of Rest required for Actors, except during weekswhen one production is in performance and a subsequent one is in rehearsal.During these weeks, the Producer shall use best efforts to provide such timeoff. If the Daylight Day of Rest is not given when required, the Producer shallpay the Stage Manager and/or ASM an additional 1/6 of weekly contractualsalary.(7) The Producer must consult the Stage Manager in the selection of the ASM.(8) A Stage Manager may not be required to run dinner lights or stage manageor run pre-show and/or post-show entertainment. Any such function shallrequire additional negotiated compensation.(9) The Stage Manager's booth shall be cooled or heated within a temperaturerange of 60 to 80 degrees Fahrenheit and shall be adequately ventilated.(10) If the Stage Manager or required ASM is in attendance at a rehearsaland/or performance with one or more different groups of Actors on the sameday, and the Stage Manger’s or ASM’s collective work hours exceed thecontractual hours allowed, the Stage Manger or ASM shall receive overtimecompensation.(11) Should the Stage Manager and/or ASM be required by the Producer toremain in the theatre more than 30 minutes after the final curtain, that StageManager and/or ASM shall be compensated at the applicable overtime rate perhalf hour or part thereof.(12) It is agreed that the Stage Manager's function is a full-time one. The StageManager must not be required to function in areas that violate the provisions ofParagraph (N) below.66

(M) Assistant Stage Managers.(1) If also acting, the ASM shall be compensated in accordance with Rule61(L), SALARIES.(2) If an Actor is assigned the duties of an ASM, the Actor shall becompensated in accordance with Rule 60(L), SALARIES.(N) The Stage Manager or the ASM must be present on the deck or incommunication from the booth with all backstage areas during all performances,run-throughs, technical rehearsals and dress rehearsals. The Stage Manager shallkeep a prompt book that includes technical cues, blocking, business, direction,plots, and daily records. Under no circumstances shall anyone other than the StageManager or ASM be on book calling the cues of a production. No Stage Manager’sor ASM’s duties shall be performed by anyone other than a Stage Manager or ASM,respectively, working on an Equity contract.(O) Members of the Stage Managerial staff are not required to design, build, hang,or shop for lights, sound, scenery, props, wardrobe, etc. as part of their StageManagerial duties. They are prohibited from: doing janitorial, custodial, buildingmaintenance, or restaurant work; transporting the company; being responsible forthe maintenance of any vehicle; or being responsible for the ordering or distributionof food for the company as part of their Stage Managerial duties. Members of theStage Management staff may not be required to operate lighting or soundequipment as part of Stage Managerial duties, but they may agree to do so on anindividual basis in a separate agreement.(P) The Stage Manager shall not be permitted to act or understudy.(Q) For all musicals and all dramatic shows with on-stage companies of six or morethat travel (i.e., packages of the same show at consecutive dinner theatres underthe same management) which do not have an advance Stage Manager, either theStage Manager or the ASM shall travel with the production and be responsible inthe absence of the director and/or choreographer for restaging for arena orproscenium stages if necessary, brush-up rehearsals, and replacement rehearsals.(R) There must be intercommunication equipment between the Stage Manager, theAssistant Stage Manager, and those who help run the show.(S) The Stage Manager shall be engaged for all televising, recording, broadcasting,filming, and/or video recording sessions.(T) A Stage Manager and/or ASM is not permitted to work on a concert, recitalpresentation, or show on his dark night or Day Off without additional compensation.(U) It shall not be a condition of employment that any of the Stage Managerial staffown or operate a motor vehicle.65. SUBSIDIARY RIGHTS.Should the Producer or any management group or enterprise, corporate or otherwise,which the Producer controls or directs or in which the Producer has a financial interest,67

present an original play for the first time and subsequently bring the play to Broadway ortake the play on tour under the Production contract or televise or film the play withinthree years of the Producer’s production, an Actor who created a role and then played itfor at least 30 performances must be offered the same role in whichever medium theshow is being done. If such bona fide offer is not made, the Actor shall receive no lessthan two weeks' standard Production contract minimum salary or the applicable AFTRAor SAG minimum, whichever is greater.In any production in which an Actor has performed and is entitled to subsidiary rights(i.e., has executed a subsidiary rights clause under a previous contract or agreement),the Actor shall receive a bona fide offer to appear in the same role in the Producer’sproduction or three weeks’ minimum salary in lieu thereof.The Producer will contact Equity in writing prior to signing contracts for new productionsto ascertain whether or not Equity's records indicate prior productions that may havesubsidiary rights commitments that are outstanding. Should Equity inform the Producerthat there are no outstanding commitments, the Producer shall be held harmless.66. TELEVISING, RECORDING, BROADCASTING AND FILMING.(A) Except as otherwise provided herein, there shall be no televising, broadcasting,visual and/or sound recording, motion picture filming, or video taping, in whole or inpart, of any production in which Actors are employed without the expresspermission of Equity and under the terms and conditions established by it.(B) For the purpose of promoting the production and/or the theatre [forcommercials, see Paragraph (C), below], a number or scene from a production maybe performed on radio and/or television provided such scene does not exceed fiveminutes or, in the event more than one portion of the production is performed, theaggregate time does not exceed eight minutes provided the Actor is paid no lessthan the applicable American Federation of Television and Radio Artists (AFTRA) orScreen Actors' Guild (SAG) minimum. Such scenes must be from the showcurrently in performance or rehearsal, otherwise the scenes can only be used withthe express permission of Equity and under such conditions prescribed by it.(C) TV or Radio Spot Commercials.(1) Equity will permit the Actor to make a TV or radio spot commercial of oneminute or less in duration promoting the theatre or production, if no less thanthe applicable SAG or AFTRA minimum is paid the Actor. If a TV commercial ismade from still photographs of persons in the company, each Actor containedwithin the photograph, whether recognizable or not, shall receive no less thanthe applicable SAG or AFTRA minimum. When a Stage Manager is required todo any work in connection with a TV or radio commercial, the Producer shallpay no less than the applicable SAG or AFTRA minimum of a Principal (onCamera) to the Stage Manager(s).(2) Equity will waive the above-required payment if footage from a regularlyscheduled rehearsal or performance is utilized to make a television spotcommercial of one minute or less duration promoting the production. At thetime of contract signing, each Actor must be advised that such a commercial68

may be made. Any Actor who does not agree will not appear in the commercialfootage. When a decision is made to produce a commercial, Equity will beadvised. It is understood that AFTRA/SAG will not require payment be madefor a commercial made under these specific terms.(D) TV Newscast, Three-Minute Excerpt. A film or video tape may be taken of theproduction only for the exclusive use on a TV newscast review of the production ora featured story on the production contained within the TV news program and onlyunder the below-listed conditions.(1) During a Rehearsal.(a) The filming or taping of an interview session shall not exceed one1/2hour of the rehearsal.(b) The Stage Manager shall file a report with Equity giving the time utilizedfor the filming or taping and interview session. This report shall be initialedby the Deputy.(c) Upon contemplation of filming or taping during a rehearsal, theProducer shall make every reasonable effort to give the Cast 24 hours'notice, to schedule only three filming or taping sessions during which allstations must do their filming or taping, and to notify the Cast of any changein the time of the filming or taping, or any re-scheduling of the same.(2) At a Performance.(a) Only one 1/2 hour of film or tape may be shot.(b) If possible, the Cast will be given 24 hours' notice.(c) When filming or taping is to be done, the Cast must be given notice nolater than at the half-hour call.(d) There shall be no filming or taping where there is any interference withthe Actors (e.g., the requirement for additional lighting or the movement ofequipment).(3) No more than three minutes of any filmed or taped portion of theperformance or rehearsal shall be shown on the TV news broadcast. Suchthree-minute film or tape must not contain an entire, self-contained number orscene.(4) No payment shall be required provided that no payments are made to anyother personnel employed in the production.(5) A Stage Manager is required to be present at every filming or taping underthis Paragraph (D).(6) For any violation of this Paragraph (D), other than violations of unauthorizedsubsequent uses of the film or tape, the Producer shall pay no less than oneweek's contractual salary to each Actor whose rights have been breachedhereunder. Such payments shall not preclude any right in law or equity, civil, or69

criminal, that may arise under a breach of this Paragraph (D), which the Actorhas against the Producer or any third party.(E) The above-listed provisions shall also apply to a radio broadcast.(F) Subsequent Use of Three-Minute Excerpt.(1) Subject to permission from Equity, footage which has been produced incompliance with Paragraph (D) above may be reused on certain network andmajor market programs identified by Equity in addition to "hard news" programsto illustrate reviews and feature stories about current productions, theatres, andpersonalities associated with same, provided that such reuse shall be inaccordance with the appropriate AFTRA Code. Provided that AFTRA or SAGhas established jurisdiction, the Producer shall ensure that Actors who appearin such segments shall be compensated at not less than the AFTRA or SAGminimum then in effect and that such reuse is controlled by the agreementbetween the television producer and AFTRA or SAG.(2) For any failure of the Producer to secure the assent of Equity to subsequentuse of news film or tape, failure to secure properly executed AFTRAagreements, or failure to insure proper and timely compensation of Actorsunder the terms of this Paragraph, the Producer shall be required to pay oneweek's contractual salary to each Actor whose rights shall have been breachedhereunder, in addition to any other payments which may become due. Suchpayments shall not preclude any right in law or equity, civil or criminal, that mayarise under breach of this Paragraph the Actor has against the Producer or anythird party.(3) It is not intended that award programs which are specially-produced anddevoted primarily to entertainment industry awards and in which Actors havecustomarily appeared in scenes or numbers taped, filmed, or performed live forawards presentation, be considered under the terms of this Paragraph even ifthe awards program were to be produced by a television news department.(G) Nothing contained herein shall negate or minimize the Actor's right to negotiatepayments for televising, taping, filming, etc. If the minimum payments hereinrequired for televising, broadcasting, visual and/or sound recording, or motionpicture filming of any part of the production should be less than the minimum raterequired by AFTRA or SAG for such work, the Actor shall receive not less than theAFTRA or SAG minimum. Overtime, residuals, or any other additional paymentsthat may become due the Actor are not included in the minimums specified herein.(H) Nothing in the above provisions precludes the Actors from appearing withoutcompensation on radio or TV interviews, talk shows, and similar programs with theActor’s consent and at the Actor’s convenience. Such appearance may not includeperforming any portion of the show.(I) Archival Videotape. The Producer will be permitted to make a videotape ofeach production for archival purposes under the terms and conditions of theArchival Videotape Side Letter.70

(J) Cast Albums. Should a cast album be made of a production, all terms andconditions applicable to cast albums in the PRODUCTION contract shall govern.(K) Websites. Up to three minutes of rehearsal and/or performance footage, ofwhich no continuous sequence shall exceed 30 seconds, may be used, withoutadditional compensation, on the theatre’s website.(1) Neither merchandise promotion nor ticket sale information shall bepresented on the same “page” as the reproduction but may be presented on aseparate “page”. The “page” containing the Reproduction may indicate,however, how to get to the “page” which does have information aboutmerchandise or tickets. It is also understood that there may be no promotion ofany other product(s) on the “page” on which the reproduction will be seen. Ifvoice-over or other live actor work performance is required, in addition to theperformance footage, the applicable AFTRA/SAG agreements shall apply tosuch voice-over or other work.(2) Use of footage for any purpose other than that above-specified is strictlyprohibited. For any violation under this Paragraph, the Actor shall be paid noless than two weeks’ contractual salary in addition to any AFTRA/SAG amountsthat may be due.(L) If any of the above limitations are exceeded, the Actor shall be paid no lessthan one week's contractual salary, but no less than the AFTRA, SAG, or standardProduction contract, whichever is greater, for each day or part thereof employed onsuch televising, sound recording, motion picture filming, or rehearsal for same.Such payments shall not preclude any right in law or equity, civil or criminal, thatarises under a breach of the above provisions that the Actor has against theProducer or any third party.67. TERMINATION. [See also Rule 17, CLOSING NOTICES.](A) It is the essence of all employment contracts that all notices there under, Castand individual, must be in writing. Copies of all notices must be filed with or mailedto Equity by the party (Actor or Producer) giving notice. Full power is reserved toEquity to grant relief from the provision where, in its opinion, the person or personsto whom notice is given has not or have not been misled or injured.(B) All notices to the Producer, which must be in writing, may be given to theProducer personally, to the Company Manager or to the Stage Manager. Notices tothe Actor, which must be in writing, must be given to the Actor personally, unlessthe Producer has procured the address of the Actor, in which case unless otherwiseprovided, it may be given by mail or telegram. All communications that refer to theCast in general shall be posted on the callboard. [See Rule 12, CALLBOARD.](C) Notice must be given by either party to the other before the Actor leaves thetheatre after the final performance each week. In order to facilitate a smoothtransition, the Actor will use all best efforts to notify the Producer of the Actor’sintent to terminate employment as soon as possible and prior to the required twoweeks’ notice.71

(D) Before Rehearsal. [See also Paragraph (E) below.] Notice to terminate thecontract may occur prior to the start of rehearsal as below indicated.(1) The Actor may terminate the contract by:(a) giving the Producer at least three weeks' notice prior to the reportingdate on the face of the contract; or(b) giving the Producer at least two weeks' notice prior to the reporting dateon the face of the contract and paying the Producer one week's salary.(2) (2)The Producer may terminate the contract by giving the Actor notice andpaying the Actor a sum equal to one week's salary multiplied by the number ofweeks of employment guaranteed on the face of the contract.(3) In the case of any Actor receiving $1,500.00 or more in contractual salary,the contract may be terminated by either party only by six weeks' written noticeprior to the reporting date on the face of the contract, together with the paymentby the terminating party to the other of one week's contractual salary multipliedby the number of weeks employment guaranteed by the contract.(E) Before the First Paid Public Performance. If an Actor give notice of terminationto take effect within four weeks of a production’s first paid public performance[opening], except as provided in Paragraphs (F) and (G) below, the Producer mayrequire the Actor to reimburse the Producer for the reasonable transportation costsof the Actor’s successor. If requested, the Producer must receive such payment inorder for the Actor’s termination to become effective and for the Actor to bereleased from [his obligation for] rehearsal and/or performance.(F) After the First Paid Public Performance. After the first paid public performance,provided the Actor is not working on a term contract, either party may terminate thecontract by giving the other two weeks’ notice, except that in the case ofreplacements, when the term of employment is less than two weeks, the terminationdate shall be stated in the contract.No Actor may be terminated except for "just cause". If requested by the Actor inwriting, the Producer must furnish the reasons for dismissal to the Actor and Equity,in writing, within two weeks of such request. Equity then may investigate the basisfor the discharge. If Equity desires to challenge the discharge, the matter shall besubmitted to arbitration in the manner provided in Rule 5, ARBITRATION, exceptthat unless otherwise mutually agreed, the place of arbitration shall be the site ofthe theatre. This provision shall not apply until three weeks after the first paid publicperformance of each production. In the event "just cause" is not found, thearbitrator's award shall be limited to monetary damages, which shall not exceed sixweeks' contractual salary.(G) Extension of Engagement. The Producer shall state a contemplated closingdate on the face of the contract. This shall not be considered a guarantee. Shouldthe Producer extend the playing weeks beyond the contemplated closing date, theActor, at the Actor's option upon announcement of said extension, may terminatethe contract upon written notice, said termination to coincide with the contemplatedclosing date as stated on the contract. Written notice under the above conditions72

may be less than two weeks. Should the Actor agree to remain in the production forthe extension of the engagement, a rider shall be executed and a copy filed withEquity.(H) Termination Due to Illness or Accident. Should the Actor be absent fromperformances for seven out of 12 consecutive performances by reason of illness oraccident not involving "extraordinary risk," the Producer may terminate the Actor’scontract in writing at the end of said seven performances. At its discretion, Equitymay reduce the period, upon appeal of the Producer.(I) Additional Provisions. An Actor whose contract is terminated under the aboveParagraphs (F), (G) or Rule 55(A)(9), REHEARSALS, shall be entitled to returntransportation and payment for all services to date and shall not be liable fortransportation of the Actor’s successor. If an Actor terminates the contract and thetermination date coincides with the closing of the production, the Actor shall beentitled to return transportation and shall not be liable for transportation of theActor’s successor.In addition, an Actor whose contract is terminated under the above Paragraph (G)shall be entitled, if otherwise qualified, to the payments specified in Rules 35,ILLNESS, SICK, AND BEREAVEMENT LEAVE and 36, INJURY ANDSUPPLEMENTAL WORKERS’ COMPENSATION PLAN.(J) Actor's Obligation After Giving or Receiving Notice. Once an Actor has beengiven notice or gives notice, the Actor shall not be called for rehearsal for anysubsequent production in which the Actor will not perform.(K) Payment When Actor is Not Allowed to Work Out Notice. When notice is givento the Actor, and the Actor is no longer called upon to perform, the Actor shall bepaid immediately and may accept other employment.(L) Rights After Giving Notice When Actor Secures New Engagement. Shouldeither party give the other any notice permitted under the contract which terminatesemployment at a future date, and should the Actor have or secure a newengagement, the Actor shall be permitted to attend rehearsals for the newengagement as may be necessary and as do not conflict with the Actor’sperformance under the existing contract with the Producer.(M) Additional Payments and When to be Given. If individual notice of terminationis given by the Producer, the Producer agrees to pay the Actor in cash the amountof the cost of transportation of the Actor and the Actor’s baggage back to the Actor’splace of residence, as stated on the contract, whether the Actor returns immediatelyor not.68. TRANSPORTATION AND BAGGAGE.(A) Transportation of Actor by Producer.(1) Except as specifically changed or modified herein, the Producer, at theProducer’s expense, shall transport the Actor and the Actor’s baggage, whenrequired to travel, from the Actor's place of residence as stated in the contractto the theatre and return or between theatres as provided in Paragraph (G),73

Consecutive Engagements, of this Rule. The Producer shall provide suchmethods of travel to the theatre as are the most direct within the public meansavailable.(2) The Actor and the Producer may agree in writing as to the routes andmodes of transportation. In no event, however, shall such agreement providefor a payment to the Actor of a sum less than the cost of applicable publictransportation from the place of residence to the theatre and return. If travel isby air, a coach ticket on a FAA certified airline is required for transportation fromthe city that is the point of origin to the first city to which the Actor travels andfrom the last city in which the Actor performs back to the point of origin. TheActor shall not be compelled to travel by air without the Actor’s consent, and ineach case it shall be entirely the decision of the Actor whether to travel by air.(3) The Producer shall furnish the Actor with the necessary tickets from theplace of residence as stated in the contract to each theatre, or their cashequivalent, at least three days in advance of the Actor’s departure. TheProducer shall deliver the Actor's return transportation in cash or tickets, at theActor's option, at least three days before the close of the Actor's engagement.(B) Air Travel. Air travel shall be the preferred method of travel. Air travel, ifconsented to by the Actor, must be on a first class, FAA certified, scheduled airlineand not on a non-scheduled or private airline.(1) Air excursion or group travel tickets may be substituted for full fare coachprovided such flights take place during the hours of 8:00 AM and 10:00 PM, areless than six hours’ duration and meals are provided on the plane at theProducer's expense. Once an Actor has accepted an excursion or group airticket, the Actor shall be responsible for any additional expense that may resultfrom the Actor making changes to the travel schedule and not using the flightsthat the Producer has arranged. Whenever a tour of at least five flights iscontemplated, the Producer shall provide the Actor, before the initial flight, witha recognized insurance policy for not less than $125,000.00. The Producer willreimburse the Actor for said premiums provided a receipt is submitted. Traveltime shall commence and be computed from the time the Actor is called toreport, but in no case later than one hour prior to the flight time, until the timethe Actor arrives at the Actor’s lodging.(2) If delay en route in air travel occurs, all expenses usually paid for orfurnished the traveler under coach air travel and not paid to the Actor by theairlines shall be reimbursed to the Actor by the Producer.(C) Automobile, Train, and Bus Transportation. Actors choosing to travel byautomobile, train, or bus must make their own travel arrangements and will receivea sum equivalent to the cost of the applicable public transportation utilized totransport the rest of the Cast, as well as normal baggage transportation expenses.If train or bus transportation is required by the Producer because a flight is notavailable, the Producer shall notify Equity of the proposed method of travel. Thebelow-listed restrictions shall apply.74

(1) Train Transportation.(a) Day coach transportation is limited to eight hours daily between thehours of 8:00 AM and 8:00 PM. For every 1/2 hour or part thereof in excessof eight hours of scheduled travel, no less than $4.50 shall be paid to theActor. Travel time shall commence and be computed from the time theActor is called to report. This call may not be more than a 1/2 hour prior tothe scheduled departure. If an Actor is responsible for a delay at any time,such delay shall not be counted as part of the travel time.(b) Night transportation shall be limited to 12 hours and shall it is available.Should the Producer present proof satisfactory to Equity that Pullmansleeping accommodations could not be obtained, the Producer shall pay theActor an amount equal to the cost of a roomette only, without taxes or otherexcess charges. Failure to so prove shall obligate the Producer to pay theActor the difference between the total cost of first-class Pullmantransportation, including roomette, taxes, and other excess charges, andthe amount of coach transportation.(2) Bus Transportation. Bus travel shall be on a public commercial carrier oron a chartered commercial bus that is duly licensed to carry passengers by theappropriate interstate or intrastate commission and that is complete with airconditioning and lavatory facilities.(a) Day Transportation. Bus travel during the day is limited to seven hours,including an hour meal break, between the hours of 8:00 AM and 8:00 PM.For every 1/2 hour or part thereof in excess of seven hours of scheduledtravel, no less than $4.50 shall be paid to the Actor. Travel time shallcommence and be computed from the time the Actor is called to report untilthe time the Actor arrives at the Actor’s lodgings. This call may not be morethan a 1/2 hour prior to the scheduled departure time. If an Actor isresponsible for a delay at any time, such delay shall not be counted as apart of the travel time.There shall be a meal stop of not less than one hour during the seven hoursof travel. If bus travel is on a chartered bus, the time of the meal breakshall be agreed upon by the Cast. This meal shall be at the Producer'sexpense and shall not exceed $6.00. The rest period prior to a bus callshall be no less than 10 hours. If the full rest period is not given, each Actorshall receive the night transportation payment of no less than $40.00.(b) Night Transportation. If bus travel which commences after 8:00 PMdoes not end until after midnight, each Actor shall receive the nighttransportation payment of no less than $40.00. Travel between 8:00 PMand midnight is allowable if the trip is completed within that time and all restperiods are observed. If night bus travel after an evening performance isrequired, the Actors shall be paid no less than $40.00 each by the Producerof the dinner theatre to which the Actors are traveling.75

(D) Rest Period After Arrival. The Actor shall not be required to rehearse orperform until two hours after the Actor arrives at the Actor’s lodgings.(E) Baggage.(1) The Actor shall be responsible for transporting the Actor personal handbaggage to and from the Actor’s place of residence and the Producer shallreimburse the Actor in full for all reasonable expenses incurred as set forth bythe Actor on a form that shall be provided by Equity for this purpose. The Actorshall show proof of all such expenses by providing the Producer withappropriate receipts.(2) The Actor shall also be responsible for transporting the Actor’s personalhand baggage and trunk, as indicated above, under the Producer's directionfrom the Actor’s place of residence to the station, terminal, or place of theActor's arrival at or near Chanhassen and back to the Actor’s place ofresidence. The Producer will pay for the entire cost of and reimburse the Actorfor such transportation of baggage up to 300 pounds.Upon arrival, the Producer shall be responsible and pay for transportation of theActor's baggage up to 300 pounds from the station, terminal, or place of theActor's arrival to the theatre and/or the Actor's lodging place, and back to thestation, terminal, or place from which the Actor departs after the close of theengagement.(3) All arrival expenses covered under (1) and (2) above are due and payablewith the first performance salary payment.If the Actor returns to the same city from which the Actor departed, all departureexpenses that are due shall be paid to the Actor with the final week's salary.If the Actor goes to a different city, the Actor shall be reimbursed for theseexpenses upon presentation of the Actor’s receipts to the Producer.(F) Local Transportation. [See also Rule 34, HOUSING.] If the Actor's permanentresidence is within 25 miles of the theatre and there is no safe convenient publictransportation from the Actor's home to the theatre, the Producer, at the Producer’sexpense, shall provide round-trip transportation between the Actor's home, or somesafe, convenient central location, and the theatre. This transportation shall deliverthe Actor to the theatre for all rehearsals and half-hour calls and shall return theActor to the Actor’s home, or some safe, convenient central location, afterrehearsals or performances, departing no later than a 1/2 hour after rehearsal isfinished or after the curtain call of a performance but allowing reasonable time forthe removal of costumes and make-up. Public transportation shall not mean taxis.Equity shall have the sole power to determine if such transportation is "safe" and"convenient" and what a "convenient location" is.If the Actor uses public transportation, the weekly cost of such transportation shallnot exceed 17% of the Actor’s contractual salary. If there is no publictransportation, the Producer does not supply transportation and the Actor drives, theProducer shall reimburse the Actor for gasoline and tolls used getting to and fromthe theatre.76

(G) Consecutive Engagements. Anything to the contrary in the above Paragraphsnotwithstanding, when the Actor is engaged consecutively at two theatres (differentpart, different play) and is required to rehearse a minimum of at least four days atthe second theatre, the Producer of the second theatre shall be obligated to pay theentire cost of transportation between theatres, unless the distance between theatresis greater than the distance from the Actor's place of residence as stated in theActor’s contract to the second theatre. In this event, the Producer of the first theatreshall be responsible for paying the equivalent of the cost of transportation from thattheatre to the Actor's place of residence as stated in the Actor’s contract, and theProducer of the second theatre shall be responsible for all additional transportationcosts. In any event, all tickets or cash equivalents covering transportation from onetheatre to another must be in the Actor's possession at least three days prior to theActor’s departure for the next engagement.Should the Producer of the second theatre fail to provide tickets or transportationmonies in advance, the Producer of the first theatre may furnish the Actor with thefull cost of transportation to the Actor’s next engagement or provide the Actor withreturn transportation to the Actor's place of residence as stated in the Actor’scontract; the Actor shall not be obligated to continue to the next theatre.This Paragraph (G) does not apply to consecutive engagement for the same part inthe same play. In such event and upon written application by the Producer, Equity,in its discretion, may permit other travel arrangements.(H) If the Producer requires the Actor to travel more than three hours prior torehearsing and/or performing on the same day, the Actor shall be paid 1/3 of weeklycontractual salary over and above the Actor’s contractual salary, except in the caseof emergency replacements.69. UNDERSTUDIES.(A) All Principal roles, and all Chorus parts and specialties shall be understudied.Non-professionals may be used as understudies. An understudy may understudyno more than five Principal roles in a production. All understudy assignments shallbe made no later than one week prior to the first paid public performance.(B) If understudies are hired on Equity contracts, the minimum payments indicatedbelow in (C) and (D) shall apply. [But see also Paragraph (K) below.](1) A member of the Cast who is assigned to understudy shall receive paymentfor assignment, and, when the Actor performs in the role understudied, theActor shall receive payment for performance. These payments are in additionto the Actor’s weekly contractual salary.(2) An Actor hired solely to understudy shall be paid the Actor’s contractualsalary for understudy assignments listed on the face of the contract. There isno payment for the assignment, but when an Actor hired solely as anunderstudy performs the role understudied, the Actor shall receive no less thanthe below-listed payment for performance.(C) Dramatic Productions.77

(1) Payment for Assignment. The Actor shall receive no less than $10.00 perweek in addition to the Actor’s contractual salary for each role understudied. Inaddition to the regular rehearsal hours, the Understudy shall be permitted oneunderstudy rehearsal per week of no more than two hours and one additionalrehearsal of no more than two hours on the day on which the Actor firstperforms the role understudied.(2) Payment for Performance. When an Understudy performs the partunderstudied, the Actor shall be paid no less than 1/8 of weekly contractualsalary per performance. The Actor’s combined understudy pay and salary shallnot exceed the contractual salary of the Actor understudied, except that noperforming understudy shall receive less than $25.00 per performance given.(D) Musical Productions.(1) Payment for Assignment.(a) If a Chorus or Principal Actor understudies a Principal role, the Actorshall be paid no less than $10.00 per week in Playhouse or Firesidetheatre, and no less than $15.00 per week in the Mainstage theatre for eachrole understudied.(b) If a member of the Chorus understudies a part played by anothermember of the Chorus, the Actor shall be paid no less than $5.00 per weekin the Playhouse or Fireside theatre and no less than $10.00 per week inthe Mainstage theatre for each understudy assignment.(c) Swing.(i) If a member of the Chorus is assigned to swing a Chorusnumber, the Actor shall be paid no less than $10.00 per week for eachsuch assignment.(ii) If an Actor is employed as a full Swing, (i.e., a non-performingmember of the Chorus) to swing all or fewer than all Chorus performingin Chorus numbers in the production, no additional increment paymentis required for assignment in addition to the Actor's weekly contractualsalary. A Swing may not be employed as a non-performing Understudyas above described in Paragraph (A).(2) Payment for Performance.(a) When a Principal or Chorus member performs the Principal role thatunderstudied, the Actor shall be paid no less than 1/8 of the Actor’s weeklycontractual salary for each performance in addition to contractual salary.Combined understudy pay and salary shall not exceed the contractualsalary of the Actor understudied, except that no performing understudy shallreceive less than $25.00 per performance given.(b) Chorus Understudying a Star. Should a Chorus member perform inplace of the star understudied, the Actor shall be paid no less than $50.00or 1/8 of the Actor’s weekly contractual salary, whichever is greater, foreach such performance.78

(E) All Understudies may be called for one understudy rehearsal per week for notmore than two hours in addition to regular weekly rehearsal hours.(F) Actors who understudy roles that require singing and dancing shall have amusical rehearsal at least once every two weeks and must have a musicalrehearsal on the first day they perform in the roles they understudy.(G) When a Chorus member performs a Principal role understudied or has beendesignated to perform in case of an emergency, the Actor shall not be requested toperform the Actor’s Chorus duties during that performance.(H) Understudies shall be present at each performance unless the Producerotherwise consents. It will be at the discretion of the Producer when an Understudymust be used in cases of Actor lateness.(I) No Understudy shall be required to perform until:(1) One week after the Understudy is engaged or assigned; The Understudyhas had the script and/or music for at least one week; and(2) The Understudy has at least one rehearsal encompassing all blocking,music, and choreography required for the role understudied with at least pianoaccompaniment (if the Cast was rehearsed or performs without live music, theUnderstudy may be rehearsed with such accompaniment).If these conditions are not met, the Actor shall read the part or he may performif able and willing.(J) All Understudies to Principal Actors shall be listed in the program by name androle understudied. The listing shall be automatic unless the Understudy requests inwriting that it not be done. A copy of such request shall be sent to Equity.(K) When, in an emergency, an Actor plays a role which the Actor does notunderstudy, the Actor shall be paid no less than the following amounts:(1) For leading and/or major Principal roles - 3/8 of minimum salary for the firstperformance in the role, and 2/8 of minimum salary for each additionalperformance.(2) For supporting Principal roles - 2/8 of minimum salary for the firstperformance in the role, and 1/8 of minimum salary for each additionalperformance.(3) For Parts Played by Chorus Actors - the applicable payment set forth inRule 15(A), CHORUS, for up to eight performances in any week.(L) Permanent Replacement. If a Principal Actor's employment is terminated, acontract for a replacement must be negotiated and signed between the Producerand the understudy or other replacement no later than two weeks after the PrincipalActor’s last performance in the production.79

70. UNION EMBLEM.The Producer agrees to promulgate the fact that the Producer operates a professionaldinner theatre employing Equity members by both displaying in the lobby (foyer,entrance, place where tickets are sold or taken) the Equity logo, which shall be suppliedby Equity and in inserting the following paragraph in the program: "Chanhassen DinnerTheatre is a professional theatre employing members of Actors' Equity Association."[See also Rule 53, PROGRAMS.]71. UNION SECURITY.(A) All Actors, except non-professionals as provided in this Agreement, who aremembers of Actors' Equity Association shall, as a condition of employment,continue to be members of the union in good standing for the term of theiremployment. All employees who are covered by this Agreement who are not nowmembers of Equity shall, as a condition of employment, become members within 31days following the signing of this Agreement and shall thereafter remain membersof the union in good standing as a condition of continued employment. All newemployees who are covered by this Agreement shall, as a condition of employment,become members of the union within 31 days from the date of the commencementof their employment and shall thereafter continue to be members of the union ingood standing as a condition of continued employment. As defined and applied inthis Rule, the phrase "member of the union in good standing" means a person whopays initiation fees and dues, or the monetary equivalents thereof, to the union asfinancial obligations in accordance with the requirements of the National LaborRelations Act.(B) The Producer shall deduct from the salary of every employee who is or maybecome a member of Equity, union dues and initiation fees on demand of Equity,provided that the Producer receives from Equity a proper authorization, agreed toand signed by the employee authorizing such deductions.Any monies so deducted shall be delivered to Equity not later than 10 daysfollowing the date on which the deductions are made.72. VACATIONS.(A) The Actor shall accrue one day of vacation pay for each eight consecutiveweeks of employment for the Producer. The Actor shall not be eligible for vacationor vacation pay, however, unless the Actor has been employed for at least 12consecutive weeks from the first day of employment.(B) The Producer may direct the time the Actor is to take vacation provided theProducer gives the Actor at least two weeks’ advance notice and provided the Actoris given the opportunity to take all of the Actor’s accrued vacation days. If the Actorasks to take vacation at the Actor’s convenience and the Producer agrees, vacationmay be taken in days. If the Actor is unable to take the vacation, the Actor shallreceive the accrued vacation pay as severance pay.(C) Vacation pay shall accrue at the rate of 1/6 of weekly contractual salary foreach vacation day accrued, but in no event may vacation pay exceed 1/6 of the sumof $150.00 plus the applicable minimum salary per week.80

ADDENDUM #1EQUITY STANDARDS FOR ACTORS' HOUSING1. The premises must be reputable, clean and sanitary.2. Rooms must have bedding, bed linens, towels, etc., window coverings, and heat and aircooling equipment as is appropriate to the climatic conditions.3. A private room must be available to each Actor, with a lock, from both inside and outside,unless the room is in a private home which has locks on outside doors.4. Where a kitchen is provided, cooking and eating utensils are to be furnished.5. Bath facilities, if shared, shall offer privacy while in use by the Actor.6. Any housing list must provide the below-listed information.(a) Cost (daily or weekly rate);(b) Pertinent facts about commercial lodgings (i.e., hotel or motel), such as whether ornot there is s TV, swimming pool, a private or public bath or shower, telephoneavailability, parking for cars, allowance for pets and/or children, single or double beds,food service on the premises (and, if so, what types), provisions for security, etc.(c) Pertinent facts about private housing, such as the size and location of the room, thetype of bed, the number and ages of children in residence, the number of other adults inhousehold, the number and types of pets, the number of persons sharing a bathroomwith the Actor, whether there is a tub or shower, whether there are kitchen privileges:,whether smoking is permitted, whether permanent resident smokes, whether there is atelephone and other equipment available (e.g., answering machine) to the Actor, etc.(d) Local transportation, or lack thereof, and the proximity of the housing to thattransportation;(e) The availability of restaurants, laundry facilities, and retail shops in theneighborhood, and the distance from those conveniences to each housing location.(f) The distance between the housing and the theatre.(g) The type of heating and air cooling available.82

ADDENDUM #2MINIMUM CLOTHING RENTAL AMOUNTS PER WEEKCOATS: Overcoats, Topcoats, Parkas, Raincoats, Winter Coats, Sports, Coats $ 3.50DANCE WEAR: Leotards, Tights, Briefs $ 2.00DRESS: $ 5.00ENSEMBLES: (Man) Suit, Shirt, Tie, Shoes, Hat(Woman) Suit or Dress, Blouse or Dickey, Stockings, Gloves,Purse, Hats $ 7.50EVENING WEAR: Tuxedos, Tails, Evening Gowns, Furs, (and All Accessories) $ 7.50FOOTWEAR: Boots, Sneakers, Dress Shoes, Casual hoes $ 2.50Professional Jazz shoes, Character Shoes, Tap Shoes,Pointe Shoes, Dance Boots $ 5.00MISCELLANEOUS: Socks, Neckties, Stockings, Hats, etc $ 1.00NIGHTWEAR: Pajamas, Nightgowns, Robes, Housecoats, Smoking Jackets, Bathrobes,Dressing Gowns $ 2.00PROPERTIES: Eyeglasses, Suitcases, Canes, Umbrellas, Cameras, Sports Equipment,Attaché Case, etc $ 2.00SLACKS: (Man or Woman) $ 3.00SPORTSWEAR& LINENS: Shorts, Sweaters, Jogging Suits, Sport Shirts,Bathing Suits, T-Shirts, Jeans, Shirt Blouse,Dress Shirt, Vest $ 2.00SUIT: (Man or Woman) $ 5.00WIGS: $ 5.0083

INDEXAbsence from Performance or Rehearsal.29, 38,56, 81AccidentEmergency Replacements ...........................59Termination Due to .......................................81Accident, Insurance..........................................38Accident, Performances Lost ...........................48Accompaniment/AccompanistChorus Auditions ............................................7Principal Auditions ..........................................5Understudy Rehearsal..................................89Act of God, Performances Lost........................48ACTORDefinition.......................................................24Duties............................................................28Exclusive Service .........................................32Long Term Employment ...............................39Obligation to Equity ........................................1With a Disability ............................................30Additional Duties ..............................................67Additional Parts ................................................67ADVANCE STAGE MANAGERShows that Travel.........................................75AFL-CIO .............................................................1AFTRA........................................................76–79Personal Appearances .................................49Subsidiary Rights..........................................76AGENTS.........................................................1–2Affirmative Action..........................................29Attempted Breach of Contract ......................20Commissions ..................................................2Equity Franchise Required .............................1Handling of Claims .......................................14Agreement, Duration of ....................................91Air ConditioningBus Transportation .......................................84Air Travel..........................................................83AislesAnnouncement of Entrances ..........................2Clearing for Perormances.............................47Photographing in ..........................................50Safe and Sanitary .............................61, 63–64Aliens..................................................................2Alleys to Stage Doors.......................................65Alterations of Contract......................................21Announcements .................................................2Changes in Cast ...........................................12Arbitration............ 2–3, 14, 21, 24, 27, 28, 48, 81Equity's Rights ................................................3Expenses ........................................................3Location ..........................................................3Time Limit .......................................................3As Cast" Contracts ...........................................19ASSISTANT STAGE MANAGER...............71–76as Dance Captain......................................... 22Breaks and Rest Periods ............................. 56Definition ...................................................... 26Duties .....................................................72, 75Long Term Employment............................... 39Minimum Salaries...................................67, 74Pre-Production and Post-Production............ 73When Required ............................................ 72Working Conditions ..........................73–74, 75Associated Actors and Artistes of America........ 1AUDITIONS ................................................... 3–9Accompanist................................................... 5Actors with Disabilities ................................... 4Auditions Code ............................................... 8Casting Authority Required ....................4, 5, 7Chorus........................................................ 6–8During Membership Meeting ...................... 6, 7Equity Monitor ................................................ 4Liability Insurance........................................... 9Locations of .................................................... 4Number Required........................................... 6Posting of Audition Rules ............................... 6Principal.......................................................... 3Safe and Sanitary....................................... 5, 8Authority by Principal ....................................... 69Automobile Transportation............................... 83Backstage Music.............................................. 65Baggage.........................................53, 82, 83, 85Beards........................................................15, 16Benefit Performances .................................. 9, 46Bereavement Leave...................................37–38Billing ........................................................... 9–10Breach of Billing Clause ................................. 9Errors.............................................................. 9Head Shots..................................................... 9Rider............................................................... 9Binding Effect of Agreement ............................ 10Biographical Material, Program ....................... 53Bit Parts ........................................................... 13Blacklisting ....................................................... 10Bond................................................................. 69Breach, Attempted ........................................... 20Breach, Billing .................................................. 10Breach, Handling of Claims ............................. 14Breaches by Producer .........................10–11, 24Failure to File................................................ 61BREAKS (see also Rest Periods)................... 56Bus Travel .................................................... 84Stage Manager.......................................56, 73Brush-Up Rehearsal ............................57–58, 57Bus Transportation...............................83, 84–85Callboard.......................................................... 11Closing Notice .............................................. 14Clothing and Costume Rental ...................... 15i

Cast Listing, Programs.....................................52Cast Vote..........................................................91Casting Consultant, Agent as.............................2Categories (see also Tiers).............................12Changes in Cast.........................................12–13Changes in Contract ........................................21Checks .............................................................66Children (see also Juvenile Actors) ................41CHOREOGRAPHER (see also Fight Director)as Dance Captain .........................................22Clothes and Make-up Disputes ....................17Dance Auditions .........................................5, 7Notes ............................................................45Rehearsal After the First Public Performance..................................................................57CHORUS....................................................13–14Agents.............................................................2Auditions .....................................................6–8Costumes......................................................16Dance Captain........................................22–23Definition.......................................................25Deputy ..........................................................26Emergency Replacement .............................89Non-Professionals ........................................42Number of.....................................................14Playing a Part .........................................13–14Rehearsals .............................................55–60Swing ............................................................88Understudy Chorus.......................................88Understudy Principal ..............................88, 89Understudy Star............................................88CLAIMS ............................................................14Time Limit in Lodging ...................................14Waiver or Release ........................................14Cleaning of Costumes......................................17Closing Notices ..........................................14–15CLOTHES AND MAKE-UP ........................15–18Cleaning of Costumes ..................................17Cleaning of Hairpieces .................................18Costume Calls ........................................49, 50Disputes........................................................17Hair Color and Hair Style..............................18Liability for Damage or Loss...................17, 53Rental .....................................................15, 18Shoes............................................................16Towels ..........................................................17Commercial Television Spot ............................76Commissions, Agent ..........................................2Company Car ...................................................36Consecutive Engagements, Transportation.....86Consecutive Productions (see also SubsequentProductions)ASM Requirement ........................................72Rehearsal .....................................................60Salary............................................................67Sick/Bereavement Leave..............................37Contemplated Closing Date.......................15, 81Continuous Employment.................................. 19CONTRACT ...............................................19–22Attempted Breach......................................... 20Breaches by Producer............................10–11Changes and Alterations.............................. 21Determination of Classification..................... 19Extension of Engagement ............................ 81File with Equity ............................................. 20Place of Residence ...................................... 22Riders ........................................................... 21Run of the Play Rider ................................... 21Signing ......................................................... 20Termination ............................................79–82Touring Rider................................................ 21Contractual Salary, Definition .......................... 25Conversion Rehearsal ..................................... 57Costume Calls............................................49, 50Costumes......... See CLOTHES AND MAKE-UPCots.................................................................. 64Damaged Property of Actor ............................. 53DANCE CAPTAIN......................................22–23as ASM......................................................... 22as Choreographer ........................................ 22Clothes and Make-up Disputes .................... 17Rehearsal After the First Public Performance.................................................................. 57Rehearsal Hours .......................................... 22Dance Shoes ................................................... 16Dancers, Auditions......................................... 7, 8Dancers, Safety Precautions ........................... 64Dancing Surfaces............................................. 64DAY OFF ...................................................23–24Day After Day Off ...................................47, 58Stage Managers .....................................74, 75Daylight Day of RestStage Managers ........................................... 74Defaulting Producers ....................................... 24DEFINITIONS ............................................24–26Actor ............................................................. 24Actor With a Disability .................................. 30Additional Work ............................................ 67Assistant Stage Manager ............................. 26Chorus.......................................................... 25Contractual Salary........................................ 25Dinner Theatre ............................................. 25Extraordinary Risk ........................................ 25Juvenile Actors ............................................. 39Membership Candidate ................................ 26Non-Traditional Casting ............................... 30Out of Town Actor ........................................ 34Principal Actor .............................................. 26Producer....................................................... 26Stage Manager............................................. 26Star............................................................... 26Work Week................................................... 262

DEPUTIES .................................................26–27Chorus ..........................................................26Election of.....................................................26Termination of...............................................27Determination of Classification.........................19Dinner Theatre, Definition ................................25DIRECTORat Auditions.....................................................4Notes ............................................................45Rehearsal After the First Public Performance..................................................................57Disabled Actors ................................................30DISCRIMINATIONRace, Color, Creed, etc. ...............................27Union Activity..........................................27–28DRESS REHEARSAL ......................................57Rest Periods .................................................56DRESSING ROOMS..................................61–63After Half-hour Call .......................................44Backstage Music ..........................................65Cots ..............................................................64Monitor System.............................................65Drinking Water .................................................65Duration of Agreement .....................................91Duties of the Actor......................................28–29EMERGENCYAfter Half-hour Call .......................................44Half-hour Call for Second Performance .......45Performance by Chorus................................89Performance of Role Not Understudied .......89Phone Numbers............................................35Replacement Rehearsal ...............................59Replacements...............................................89Employment, Continuous .................................19Employment, Long-Term..................................39EQUAL EMPLOYMENT OPPORTUNITY........29Affirmation.....................................................29EQUITYMeetings .......................................................32Representatives............................................27Special Power to Act for Actor......................31Special Provisions ..................................31–32Equity Membership Candidate.............26, 40, 41Equity Principal Auditions...................................3Equity-League Health Trust Fund ....................33Errors in Program.........................................9, 53Exclusive Service of the Actor..........................32Expense of Arbitration........................................3Extension of Engagement................................81Extraordinary Risk, Definition...........................25Fight Captain....................................................71Fight Director....................................................71Filmingfor Use in the Production ..............................55Subsidiary Rights..........................................76Fire Safety..................................................11, 65Fire, Performances Lost .................................. 48First Aid Kits..................................................... 65Floors for Dancing............................................ 64Fluorescent Lighting ........................................ 62Food and Beverage ...................................47, 75Four A's.............................................................. 1Furniture Moves ............................................... 69Grievance Committee ...................................... 33Grievance Procedure....................................... 33Guide Lights..................................................... 64Hair Color, Change of ...................................... 18Hair Style, Change of....................................... 18Hairpieces and Wigs............................15, 16, 18Half-hour Call ..17, 28, 29, 36, 38, 44, 45, 47, 50,65, 86Hazard Pay .....................See Extraordinary RiskHead Shots ........................................................ 9Heat, Audition Room.......................................... 8Heat, Dressing Rooms..................................... 62Heat, Stage Manager's Booth.......................... 74Hiring "As Cast" ............................................... 19Holiday Pay...................................................... 46House Board ................................. See CallboardHOUSING ......................................34–37, 34–37Cooking Facilities ......................................... 35Family and Pets............................................ 35Local Transportation .................................... 36Security Measures........................................ 35IllnessEmergency Replacements ........................... 59Salary Deductions ........................................ 66Termination Due to.................................56, 81Illness and Sick Leave ...............................37–38Injury and Salary Continuance Insurance........ 38Inspection, Safe and Sanitary.......................... 65INSURANCECompany Car ............................................... 36Liability at Auditions ....................................... 9Personal Property......................................... 54Salary Continuance...................................... 38Social Security........................................70–71Unemployment .......................................70–71Worker's Compensation ............................... 38Intermission...................................................... 45Interpretations, Oral and Written...................... 32Interviews, Employment............See AUDITIONSInterviews, Personal Appearances ......48, 49, 79Intoxication....................................................... 28Jewelry, Lost or Stolen .................................... 54Just Cause ....................................................... 81Juvenile Actors................................................. 38Lateness .......................................................... 29Half-hour Call ............................................... 29Use of Understudy........................................ 89Lavatory and Toilet Facilities ........................... 63Laws Governing ............................................... 393

Leave, Sick/Bereavement ..........................37–38Length of Performance.....................................44Liability Insurance ........................................9, 36Local Jobber.....................................................40Local Transportation ..................................36, 86Lock-outs or Strikes ...................................39–40Locks, Security Measures ................................35Lost Performances ...........................................48Lost Property....................................................53Luggage .........................................See BaggageMake-up ...........................................................17Manager's Statement .......................................69MatineePerformance ...........................................45, 47MEALSBetween Performances ................................47During Travel ..........................................83, 84Transportation to ....................................36, 74Meetings, Cast .................................................91Meetings, Equity Membership..................6, 7, 32Membership Candidates ............................40, 41Membership Meeting, Equity............................32Military Service.................................................39Monitor System, Dressing Rooms ...................65Musical DirectorAuditions for Singers ..................................5, 7Rehearsal After the First Public Performance..................................................................57Musical ProductionsASM Requirement ........................................72Clothes and Make-up .............................15–16Dance Captain..............................................22Shows that Travel.........................................75Understudies ..........................................87–88Newscast, Three Minute Excerpt ...............76–79Night Transportation.............................36, 84, 85No Lock-out or Strikes................................39–40NON-PROFESSIONALS............................40–42Children ........................................................41Equity Membership Candidates ...................40In Chorus ......................................................42In Principal Roles....................................41–42Local Jobber .................................................40Partnering .....................................................42Ratios......................................................41, 42Registration Forms .......................................40Understudies ................................................87Violation........................................................42Waivers.........................................................42Non-resident Aliens............................................2Notes ..............................................44, 45–46, 58NOTICESActor's Obligation..........................................82Closing....................................................14–15Termination.............................................79–82Nudity .........................................................42–43Number of Chorus............................................ 14Number of Non-professionals ....................41–42Number of Performances................................. 44Number of Principals..................................41–42Obligation of Actor to Equity .............................. 1Omissions in Program ..................................... 53Oral Interpretations .......................................... 32OVERTIMEEmergency Replacement Rehearsal ........... 60Failure to Give Rest Periods ........................ 56Intermission .................................................. 45Performance................................................. 44Personal Appearances................................. 49Picture Calls ................................................. 50Rates ............................................................ 56Rehearsal After First Public Performance.... 58Stage Manager............................................. 74Packager, Agent as............................................ 2Partnering ........................................................ 42Pension Fund.............................................43–44401(k) ........................................................... 44PER DIEMPerformances Lost ....................................... 48Rehearsal ..................................................... 68PERFORMANCES.....................................44–48Absence from ...................................29, 38, 81After Final Cast Bows................................... 45Announcements ....................................... 2, 12Benefit ............................................................ 9Intermission .................................................. 45Length of ...................................................... 44Lost............................................................... 48Matinee...................................................45, 47Notes ............................................................ 45Number of..................................................... 44Overtime....................................................... 44Payment for Additional ................................. 46Picture Calls ................................................. 50Place of ..................................................27, 44Rest Periods Between.................................. 47Service During.............................................. 47Transportation to and from.........35, 36, 45, 86Permanent Replacement ...........................12, 89Personal Appearances ..............................48–49Personal Property ......................................53–54Pets, Housing................................................... 35Photo and Costume Calls ..........................49–51PHOTOGRAPHSBilling.............................................................. 9Head Shots..................................................... 9Nudity ........................................................... 43Picture Calls ...........................................49–51Programs...................................................... 53Replacement Call......................................... 51Photography and Recordings Prohibited........... 2Picture Calls.........See Photo and Costume Calls4

Place of Performances.....................................44Place of Residence ..........................................22Transportation to and from .........48, 82, 83, 86Post-production, Stage Manager .....................73Pre-production, Stage Manager.......................73Press Opening .................................................58Press Releases ................................................51Principal Actor, Definition .................................26Principal Auditions..........................................3–6Producer, Definition..........................................26Producer's Statement.......................................69Production Prosecuted or Subject to Lawsuit 51–52Programs (see also Billing) .................52–53, 90Biographical Material ....................................53Cast Listing...................................................52Errors or Omissions......................................53Understudies ................................................89Prop Moves ......................................................67Property, Loss or Damage ...............................53Prosecuted Production...............................51–52PUBLICITYWebsites.......................................................79Publicity and Photographs ...............9, 49, 50, 51Put-in Rehearsal ..............................................59Radio Broadcasting..........................................76Rail Transportation.....................................83–84Raked Stage ....................................................65Ramps, Safety Precautions........................63–64Ratio, Non-Professionals ...........................41–42Reading Play....................................................55Recognition ........................................................1RecordingCast Albums .................................................79Recordings and Photography Prohibited ...........2Recordings for Use in the Production ........54–55Re-engagement of Actor ..................................60REHEARSALS ...........................................55–60Absence from .........................................38, 56Additional......................................................56After First Public Performance......................57Beginning of..................................................55Breaks and Rest Periods..............................56Brush-up .................................................57, 58Concurrent, ASM Requirement ....................72Day After Day Off .........................................58During Membership Meetings.......................32Election of Deputy ........................................26Emergency Replacements ...........................59Hours for Dance Captain ..............................22Housing.........................................................55Overtime .......................................................56Per Diem.......................................................68Reading Play ................................................55Replacement ..........................................57, 58Space, Safe and Sanitary.............................63Subsequent Productions ..................60, 67–68Transportation to and from.....................36, 86Understudy .................................57, 58, 87, 88Release Not Permissable ................................ 14Releases, Press............................................... 51Rental of Clothing ............................................ 18Replacement of Actor ...................................... 60Replacement, Deputy ...................................... 27Replacement, Emergency, Chorus.................. 89Replacement, Emergency, Principal..........59, 89Replacement, Musicians.................................. 56Replacement, Permanent ..........................12, 89Replacement, Picture Call ............................... 51Replacement, Rehearsal ...........................58, 59Reports ......................................................60–61Failure to File................................................ 61Pension ........................................................ 44W-2 Forms.................................................... 61Weekly to Equity........................................... 61Representatives, Equity.......................27, 43, 65REST PERIODS (see also BREAKS)After Arrival................................................... 85Between Performances................................ 47Bus Transportation.................................84, 85Failure to Give .............................................. 56Rehearsal ..................................................... 56Stage Manager............................................. 74RIDERBilling.............................................................. 9Clothing Rental.......................................15, 18Consecutive Productions ............................. 68Housing ........................................................ 34Role Cut or Altered....................................... 61Run of the Play............................................. 21Stage Fighting .............................................. 71Touring ......................................................... 21Written Consent of Equity ............................ 21Riot, Performances Lost .................................. 48Risks, Extraordinary......................................... 25Roles as Written............................................... 61Rooms, Housing .............................................. 35Rosin................................................................ 64Rulings, Oral and Written................................. 32Run of the Play Rider....................................... 21SAFE, SANITARY, AND HEALTHFUL PLACESOF EMPLOYMENT ................................61–66Air Conditioning ......................................61, 62Aisles......................................................63, 64Audition Spaces ............................................. 5Cots .............................................................. 64Dancing Surfaces......................................... 64Drapes.......................................................... 64Dressing Rooms.....................................61–63Drinking Water.............................................. 65Fire Drill ........................................................ 65First Aid Kit ................................................... 655

Fluorescent Lighting .....................................62Guide Lights .................................................64Heat ..............................................................62Inspection and Compliance ..........................65Lavatory and Toilet Facilities........................63Monitor System.............................................65Raked Stage.................................................65Ramps ..........................................................63Rehearsal Space ..........................................63Stage Entrance.............................................65SAG............................................................76–79Personal Appearances .................................49Subsidiary Rights..........................................76SALARIES..................................................66–68Additional Duties...........................................67Additional Performances ..............................46Checks..........................................................66Chorus Playing a Part...................................13Consecutive Productions........................67–68Contractual Salary, Definition.......................25Dance Captain..............................................22Deductions..............................................29, 66Emergency Replacement .............................89Holiday Pay ..................................................46Increase........................................................39Payment Due................................................66Per Diem.................................................48, 68Pro-Ration, Pre-production...........................73Run of the Play Rider ...................................21Subsequent Productions ..................60, 67–68Understudy .............................................87, 88Salary Continuance Insurance.........................38Schedule Change.............................................45Script Advisory Committee...............................31Script Changes.......................................4, 44, 61Secret Ballot Vote ..........................26, 33, 50, 91Security and Security Agreements.............68–69Security Measures, Housing ............................35Service During the Performance......................47Service, Military................................................39Set Moves ........................................................67Shoes ...............................................................16Show Album .....................................................79Showers ...........................................................63Sick Leave..................................................37–38Singers, Auditions ......................................5, 7, 8Smoking Areas...................................................9Social Security ...........................................70–71Sound Recording .............................................54Spot Commercial..............................................76StageRaked ...........................................................65Safe and Sanitary ...................................61, 65Stage Door .......................................................65Stage Entrance, Safe and Sanitary............63, 65Stage Fighting ..................................................71Fight Captain ................................................ 71Rider............................................................. 71STAGE MANAGERS .................................71–76Acting Not Permitted .................................... 75Activities Prohibited...................................... 75ASM Requirement........................................ 72Attendance at Performance and Rehearsal. 72Booth ............................................................ 74Breaks and Rest Periods .......................56, 73Day Off ......................................................... 74Daylight Day of Rest .................................... 74Definition ...................................................... 26Long Term Employment............................... 39Overtime....................................................... 74Post-production ............................................ 73Pre-production........................................71, 73Rest Periods................................................. 74Selection of ASM.......................................... 74Shows that Travel......................................... 75Televising, Recording, Broadcasting, andFilming ...................................................... 75Transportation .............................................. 73Working Conditions ................................73–74Star, Definition ................................................. 26Strikes or Lock-outs ...................................39–40Strikes, Performances Lost.............................. 48Subsequent ProductionsRehearsal ..................................................... 60Salary ...............................................60, 67–68Subsidiary Rights ............................................. 76Swing ............................................................... 88TELEVISING, RECORDING, BROADCASTINGAND FILMING ........................................76–79Awards Programs......................................... 78Cast Album................................................... 79Newscast, Three Minute Excerpt ...........76–79TV Spot Commercial .................................... 76TERMINATION ..........................................79–82Accident........................................................ 81After First Public Performance ..................... 80Before Rehearsal ......................................... 80By Actor, Breaches by Producer .................. 11Closing the Production ................................. 14Closing the Theatre...................................... 14Deputy .......................................................... 27Discrimination for Union Activity.............27–28Illness .....................................................56, 81Just Cause ................................................... 81Mililtary Service ............................................ 39Notice ........................................................... 80Payment to Actor.......................................... 82Permanent Replacement ............................. 89Re-engagement of Actor .............................. 60Re-engagement of Stage Manager.............. 73Replacement of Actor................................... 60Replacement of Stage Manager .................. 736

Run of the Play Rider ...................................22When Actor Secures New Engagement.......82TiersDefinition.......................................................12Time Limit, Arbitration ........................................3Time Limit, Lodging Claims..............................14Toilet and Lavatory Facilities............................63Touring Rider ...................................................21Train Transportation...................................83–84TRANSPORTATION AND BAGGAGE ......82–87Air Travel ......................................................83Automobile....................................................83Baggage .................................................53, 85Bus................................................................84Company Car ...............................................36Consecutive Engagements...........................86Local, Provided by Producer ............36, 45, 86Meal Breaks............................................83, 84Night Transportation ...............................84, 85Personal Appearances ...........................48, 49Picture Call ...................................................50Rest Period After Arrival ...............................85Stage Manager .............................................73Train........................................................83–84Travel Time.......................................83, 84, 85UNDERSTUDIES.......................................87–90Announcements............................................12Changes in Cast, Billing .........................12–13Chorus for Chorus ........................................88Chorus for Principal ................................88, 89Chorus for Star .............................................88Dramatic Productions ...................................87Emergency, Chorus Role ............................. 89Emergency, Principal Role........................... 89Musical Productions ..................................... 87Non-professionals ........................................ 87Number of Roles Permitted.......................... 87Payments ...............................................87, 88Permanent Replacement ............................. 89Principal Role ............................................... 88Principal Roles ............................................. 87Program Listing ............................................ 89Rehearsal .............................57, 58, 59, 88, 89Swing............................................................ 88Unemployment Insurance..........................70–71Union Emblem ................................................. 90Union Security.................................................. 90Vacations ...................................................90–91Accrual ......................................................... 90Replacements .............................................. 60Valuables ...................................................53–54Voting............................................................... 91W-2 Forms ....................................................... 61Waiver or Release Not Permissable................ 14Waivers, Non-professional Ratios ................... 42Waivers, Rider ................................................. 21Wardrobe .......... See CLOTHES AND MAKE-UPWater, Drinking ................................................ 65Water, Hot........................................................ 63Weekly Report ................................................. 61Wigs .....................................................15, 16, 18Work Week, Definition ..................................... 26Worker's Compensation................................... 387