(1) At any time during the first seven days' rehearsals of the Actor
by either party by giving written notice, if this contract be signed
and entered into within two months of the specific date mentioned in
Paragraph 2 on the face hereof, except in case the Actor be re-engaged
by the Manager for a part which he has previously played, in which
event he shall be paid two weeks' compensation; or
(2) Any time after the first seven days' rehearsals of the Actor by
the Manager giving written notice to the Actor and by paying him
forthwith a sum equal to two weeks' compensation.
(Note: In the above two subdivisions (C-1 and C-2), wherever the word
"seven" appears in reference to the probationary period of rehearsals
the word "ten" shall be substituted if the Actor be employed in a
musical comedy, revue or spectacular production.)
(3) The Actor may cancel the contract by giving written notice and
with the same paying to the Manager a sum equal to two weeks'
compensation.
_Individual Termination After Opening_
D. Either party may terminate this contract at any time on or after
the date of the first public performance of the play by giving the
other party two weeks' written notice.
E. (1) If the play runs four weeks or less, the Manager may close the
play and company without notice, and terminate the right of the Actor
to further compensation, provided he has paid the Actor for all
services rendered to date, and in no event less than two weeks'
compensation.
(2) If the play shall run more than four weeks, the Manager shall give
one week's notice of the closing of the season of the play and
company, or pay one week's compensation in lieu thereof.
_Clothes_
F. (1) If the Actor be a man, he shall furnish and pay for such
conventional morning, afternoon and evening clothes as are customarily
worn by civilians of the present day in this country, together with
wigs and footwear necessarily appurtenant thereto. All other wigs,
footwear, costumes, clothes, appurtenances and "properties," including
those peculiar to any trade, occupation or sport, to be furnished by
the Manager.
(2) If the Actor be a woman, all wigs, gowns, hats, footwear and all
"properties" shall be furnished by the Manager.
(3) It is understood that in every case where the Manager furnishes
costumes, if the notice of cancellation of this Contract be given by
the Actor, he or she shall reimburse the Manager for the necessary and
reasonable expense to which he may actually be put in having costumes
altered or rearranged for the successor, and repay for current shoes.
_Notices_
(G) All communications which refer to the company in general shall be
posted upon the call-board. Notice to the Manager must be given to him
personally or to his company or Stage Manager.
_Number of Performances Work_
(H) (1) Eight performances shall constitute a week's work.
(2) A week's compensation shall be paid even if a less number than
eight performances are given, except as herein otherwise provided in
Paragraph J.
(3) A sum equal to one-eighth of the weekly compensation shall be paid
for each performance over eight in each week. (This also applies to
understudies.)
(4) It is assumed that Sunday rehearsals and performances will take
place only where it is lawful, and the Actor shall not be required to
perform in the play and part above named on Sunday in any theatre
except those where Sunday performances were customarily given on May
1, 1924.
_Lost Performances_
(I) The Actor shall travel with the company by such routes as the
Manager may direct, and the Actor shall not demand compensation for
any performance lost through unavoidable delay in travel which
prevents the giving of performances by the company.
(J) (1) It is further agreed if the company cannot perform because of
fire, accident, strikes, riot, act of God, the public enemy, or for
any other cause of the same general class which could not be
reasonably anticipated or prevented, or if the Actor cannot perform on
account of illness or any other valid reason, then the Actor shall
not be entitled to any salary (except as otherwise herein specified)
for the time during which said services shall not for such reason or
reasons be rendered. Should any of the foregoing conditions continue
for a period of ten days or more, either party may terminate the
contract and the Manager will pay for all services to date and
transportation back to New York City.
(2) Strikes, within the meaning of this Paragraph, is construed to
mean any strike of any name or nature which shall prevent the Manager
from giving performances in the usual course of his business in any of
his theatre or theatres.
_Lost Rehearsals_
(K) If the Manager is prevented from giving rehearsals because of
fire, accident, riot, strikes, illness of star or prominent member of
the cast, act of God, public enemy or any other cause of the same
general class which could not reasonably be anticipated or prevented,
then the time so lost shall not be counted as part of the four (or
five, as the case may be) weeks' rehearsal period herein provided.
After the fourth (or fifth, as the case may be) week of rehearsal,
including any lay-off period on the above account, the Manager will
pay half salaries for two weeks, at the end of which time the Actor
shall be free, unless the Manager wishes to continue the services of
the Actor and pays him full salary therefor.
_Transportation_
(L) The Manager agrees to transport the Actor when required to travel,
including transportation from New York City to the point of opening
and back to New York City from the point of closing; also the Actor's
personal baggage up to two hundred pounds weight.
(M) The Manager shall reimburse the Actor for all loss or damage to
his property used and/or to be used in connection with the play while
it is wholly or partly in the possession or control or under the
supervision of the Manager or of any of his representatives and also
when such baggage and property has been in any way shipped, forwarded
or stored by the Manager or any of his representatives, but the Actor
shall have no claim if the loss or damage occurs while the baggage or
property is under his control. Upon payment of said loss or damage the
Manager shall be subrogated to all rights of the Actor therefor.
(N) (1) If individual notice of termination is given by the Manager he
agrees to pay the Actor in cash the amount of the cost of
transportation of the Actor and his baggage back to New York City
whether the Actor returns immediately or not.
(2) If this contract is cancelled by the Actor, he agrees to pay his
own railroad fare back to New York City and to reimburse the Manager
for any railroad fare the Manager may have to pay for the Actor's
successor up to an amount not exceeding railroad fare from New York
City to the point where said successor joins the company, whether for
rehearsal or for playing.
(3) If the company is organized outside of New York City, the name of
such place is herein agreed to be substituted for New York City in
Paragraph L, N-1 and N-2 and elsewhere.
(O) The Manager shall not be responsible for any loss occurring to the
personal baggage of the Actor whose duty it is, if he desires to
protect himself against loss, to insure the same.
(P) The Actor herein may play in any benefit performance given by or
under the auspices of the Actors' Equity Association. Deputies of said
Association will be permitted in each company and a duly authorized
representative shall have the right to be on the stage before and
after rehearsals and before and after performances, and said
Association may represent its members in any dispute which may arise
with the managers. Actors will be tentatively engaged on their paid up
cards only, which card will be prima facie evidence of membership in
said Association until the Manager is otherwise notified.
RULES GOVERNING MINIMUM STANDARD CONTRACTS
(To be printed on Independent Standard Minimum Contracts)
1. Should the Manager of any production consider the same
"Spectacular" and therefore entitled to five weeks of free rehearsals,
he shall notify the Actors' Equity Association before the beginning of
rehearsals and advise fully as to the nature of the production and
secure its allowance of his claim.
2. Rehearsals begin with the date when the Actor is first called. If
the Manager chooses to start with a reading to the company, or
substantial part thereof, said reading is a part of and begins the
rehearsal period.
3. In case of company rehearsals being held _before opening_ at a
place different from that of organization, the Manager shall pay the
Actor his reasonable living expenses during said rehearsals, except
that the Manager shall be allowed two days of free rehearsal in cities
within one thousand miles of New York City and one additional day free
for each additional one thousand miles or fraction thereof.
4. If the Actor shall absent himself from rehearsals for seven days or
more by reason of illness, the Manager may cancel this contract
without payment for service to date. The Association may, in its
discretion, upon appeal by the Manager, reduce this period.
5. Contracts between Manager and Actor shall be deemed to be entered
into between the said parties on the date when the terms of the
contract are agreed upon between the parties, and contracts must be
issued and signed as of that date.
6. If after joining a company, which has opened and is on tour, an
Actor is dismissed at rehearsals within the seven day probationary
period (provided the seven day probationary period has not already
been deleted from his contract) the Manager shall pay to the Actor his
transportation both ways and for each day of rehearsal a sum equal to
one-fourteenth of the weekly salary agreed upon, said rehearsals to be
deemed continuous and to begin not later than the day after the
Actor's arrival. In case the Actor is dismissed after the seven day
probationary period, the Manager shall pay the Actor two weeks' salary
and his transportation both ways.
7. If the full rehearsal period to which the Manager is entitled be
not used by him before the date of opening, he may employ the balance
thereof immediately before the New York opening, provided that said
New York opening takes place within six weeks of the original opening
of the play.
8. All performances for which admission is charged (except bona fide
benefits) are to be counted and considered as performances under the
Minimum Standard Contract.
9. If the employment under any contract relates to the second or
subsequent season of any play then the period of free rehearsals is
three weeks instead of four, but this provision shall not obtain if 50
per cent or more of the cast were not members of the production the
preceding year.
[Illustration: A THIRD FLOOR CORRIDOR]
10. If the play for which the Actor is engaged is rehearsed seven days
or less and then rehearsals are discontinued or postponed, or if the
production is abandoned during rehearsals on or before the seven day
probationary period would have expired, the Manager shall pay the
Actor as follows: If the contract has been signed or entered into
within two months of the date mentioned in Paragraph 2 of the Standard
Minimum Contract, a sum equal to one week's salary, otherwise a sum
equal to two weeks' salary.
11. In case the play is abandoned before rehearsals or the Actor is
entitled to compensation under the preceding paragraph, payment shall
be made by the Manager to the Actor not later than three weeks prior
to date of opening specified in Paragraph 2 of the main contract.
12. Seven days' rehearsals means seven consecutive calendar days,
counting Sunday (when Sunday is used for rehearsals), and said seven
days terminate with the dismissal of rehearsal on the seventh day as
herein reckoned.
13. If the part of an Actor who shall have been dismissed before the
end of the rehearsal on the seventh day shall be cut out, the Manager
shall pay to the Actor a sum equal to one week's salary.
14. The Manager shall use reasonable care that his press department
shall not announce the engagement of the Actor until after the seven
day probationary period, and shall drop the name of the Actor from
advertising and publicity matter as soon as is possible after the
Actor leaves the company.
15. If the Actor is not allowed to work out any notice properly given
under his contract the amount to which he is entitled to shall be paid
forthwith upon the giving of the notice.
16. The right of the Manager to close a play and company without a
week's notice within four weeks after the opening date does not apply
to the second or subsequent season thereof.
17. Notices of termination or closing given at or before the end of
the performance on Monday night, effective at the end of the Saturday
night following, shall be deemed one week's notice and such notice
effective at the end of Saturday week following shall be deemed two
weeks' notice.
18. The essence of this contract is continuous employment and a play
once closed shall not be re-opened during the same season within eight
weeks of the date of previous closing, without the consent of the
Actors' Equity Association. Such consent, if given, shall be upon such
terms and conditions as may be considered just and equitable by such
Association.
19. Except in a case of notice given on Monday, as otherwise provided
in these rules, a week's notice shall be seven calendar days and two
weeks' notice fourteen calendar days.
20. Should the Manager require the Actor to purchase his clothes from
a special tailor or shall require exclusive or unique designs or
unusually expensive clothes, then the Manager shall pay for such
clothes, anything to the contrary in Clause G of the Standard Minimum
Contract notwithstanding.
21. The Actor shall be responsible for transporting his own baggage to
and from the station or theatre in New York City. The Manager will pay
the cost of or reimburse the Actor for such transportation anywhere on
Manhattan Island.
22. Should the Citizens' Jury provided for in New York decide
adversely to the continuance of a production because salacious or
against public morals, the Actor shall forthwith terminate his
employment without notice, payment or penalty.
23. Should the production in which the Actor is engaged be complained
of as being in violation of any statute, ordinance or law of the
United States, any state or any municipality in any state and should a
claim or charge be made against the Actor on account of his being
engaged in such production, either civil or criminal, the Manager
shall defend the Actor at his own expense, or shall pay any and all
reasonable charges laid out or incurred by the Actor in his defense,
and the Manager agrees to indemnify the Actor against any loss or
damage which he may suffer on account of being engaged in any such
production.
This rule shall not apply to any case or any set of conditions where
its enforcement would be illegal or against public policy.
24. The Manager shall have the right to lay off his company the week
before Christmas and Holy Week. Should such lay off take place the
Manager shall not during said lay off period be entitled to the
services of the company except for a run-through rehearsal on the day
of re-opening, and except further that additional rehearsals may be
allowed by the Actors' Equity Association in case of illness of the
star or prominent member of the company or change of cast.
25. If in any production the star or featured member of the cast shall
be ill and a lay off shall take place on that account, Actors
receiving less than $100.00 weekly (but no others) shall be paid by
the Manager an amount equal to their board and lodging for the first
week. If said lay off continues beyond one week, half salaries shall
be paid to the entire company for each day the Actors are retained up
to and including two further weeks. From and after the beginning of
the fourth week the Manager shall either pay full salaries to all
members of the company or may abandon the production.
26. When understudies are employed or there is a change in the cast,
announcement shall be made to this effect, either by a slip in the
program, or by announcement from the stage at the rise of the curtain,
or by conspicuously posting a notice to that effect a reasonable time
before the rise of the curtain, at the box office.
27. In case after the opening of the play and after at least two
weeks' employment, the Manager shall desire a lay off for the purpose
of re-writing or making changes in the cast or any other reason deemed
sufficient by him, he may apply to the Actors' Equity Association for
the right to do so. If the Association agrees to such lay-off it may
do so upon such terms and conditions as may seem equitable to it under
the circumstances. But in any event if a change or changes in the cast
is made the Actor or Actors dismissed and not employed upon the
renewed run of the play shall be paid at least one week's additional
salary.
28. Musical comedies, revues or spectacular plays shall immediately
after a New York run be allowed one day's lay off before the opening
in either Boston or Chicago. This does not apply to premieres, i.e.,
original openings in those cities.
29. Should the Actor deem that he has any claim against the Manager
under his contract he shall present the same to the Actors' Equity
Association or to the Manager or both within two months after the time
when such claim has arisen, unless he shall give to the Board of
Arbitration good and sufficient reason for any delay after such period
of two months.
30. Should either party give the other any notice under his contract
which terminates the same at any future date and should the Actor have
or secure a new engagement he shall be permitted to attend the
rehearsals under the new engagement as may be necessary and as do not
conflict with his performances under his then existing contract.
31. The actual salary of the Actor agreed upon shall be stated in the
contract and a lesser or fictitious salary shall not be stated in the
contract.
32. Unless special consent otherwise is given by the Manager,
understudies shall be present at each performance.
33. "Tryouts" during May, June and July are permissible where the
Manager agrees to pay and pays one week's salary for two weeks'
rehearsals and an additional half week's salary for each additional
week of rehearsal, one week's salary to be guaranteed. Payment for
part of a week's rehearsal shall be pro rata.
34. Sunday performances referred to in "Regulations," under
Subdivision 4 of Paragraph H, are regular dramatic and musical
productions and do not include vaudeville, recitals, concerts and the
like.
35. Equity will raise no objection to the trying out of vaudeville
acts in revues or similar type of productions for one performance,
provided the act understands and is agreeable to this arrangement and
provided further that this entails on the company no rehearsals.
36. The actor shall be required to work only with a manager who
employs members (who are and continue to be members in good standing)
of the Actors' Equity Association, exclusively, in his company or
companies.
37. The parties have notice that, pursuant to special resolution of
the Actors' Equity Association, there is on file at its office an
exempt list containing the names of non-members of said Association
with whom the actor herein will work, thus creating an exception under
paragraph 5 on the face of this agreement. The parties know they may
examine this list at any time and therefore know the names of
non-members with whom the actor herein will work while the resolution
of the Association creating said exempt list continues in force; and
the actor is not required to work with any other non-member in any
company.
[Illustration: NW]
* * * * *
EQUITY MINIMUM CONTRACT
Standard Form as Agreed Upon by the
_Managers Protective Association, Inc._
and the
_Actors' Equity Association_
(Affiliated with the American Federation of Labor)
115 West 47th Street, New York City
LOS ANGELES OFFICE 6412 Hollywood Blvd.
SAN FRANCISCO OFFICE Theodore Hale, 369 Pine St.
CHICAGO OFFICE 1032 Capitol Bldg.
KANSAS CITY OFFICE Gayety Theatre Bldg.
_To be used with members of the Managers Protective Association, Inc.
only._
AGREEMENT made this ---- day of ----, 19--, between ---- ("MANAGER")
and ---- (hereinafter called "ACTOR").
The regulations on the other side hereto are a part hereof, as though
printed herein at length. To insure in this contract a sufficient
degree of flexibility to meet the contingencies and necessities of
theatre production as the same may arise, separately printed "Rules
Governing Minimum Standard Contract" are also made a part hereof as
though printed herein at length.
_Agreement of Employment_
1. The Manager engages the Actor to render services in part of
---- (Here insert name of part; also if Actor is required to
understudy) in the play now called ---- (Here insert present title of
play) and the Actor hereby accepts such employment upon the terms
herein set forth.
_Opening Date_
2. The date of the first public performance shall be the ---- day of
----, 19--, or not later than fourteen days thereafter.
Employment hereunder shall begin on the date of the beginning of
rehearsals, and shall continue until terminated by notice given as
herein provided and not otherwise.
_Compensation_
3. The Manager agrees to pay the Actor the sum of ---- Dollars ($----)
each week on Saturday thereof, from and after the date named in
Paragraph 2, and until this agreement is duly terminated.
_Regulations on Reverse Side_
Regulations covering rehearsals, notice of termination before and
during rehearsals, lost rehearsals, individual termination, closing of
play and season, clothes, number of performances, lost performances,
transportation, lay-off, method of giving notice and other matters
are set forth in the "Regulations" on the reverse side of this page
and in "Rules Governing Minimum Standard Contract," and except as
hereinafter provided are a part hereof.
_Duties of the Actor_
4. The Actor agrees to be prompt at rehearsals, to pay strict regard
to makeup and dress, to perform his services in a competent and
painstaking manner, to abide by all reasonable rules and regulations
of the Manager, and, except as otherwise herein provided, to render
services exclusively to the Manager from the date of beginning of
rehearsals, and shall not render services to any other person, firm or
corporation without the consent of the Manager.
5. (a) The Actor's employment hereunder is conditional upon the
membership of the companies of the Manager being in accordance with
the Equity Association rules, set forth in the agreement between the
Actors' Equity Association and the Managers' Protective Association,
Inc., dated May 12, 1924, and the Actor shall not be required to work
hereunder in violation of any such rules. Should at any time the
membership of any such company fail to be in accordance with any such
rules, or should the Manager fail to comply with any of the provisions
of paragraphs "SEVENTH" or "EIGHTH" of said agreement, the Actor shall
at his option, provided the Actors' Equity Association consents, be
released from this agreement and the Manager agrees to pay to him and
he may recover from the Manager, all sums due to date of said release
plus his return fare, as provided in the transportation clause, plus,
as liquidated damages, a sum equal to two weeks' salary. Any claim
under this paragraph must be made by the Actor through and with the
consent of the Actors' Equity Association and any dispute regarding
the same shall be arbitrated under the provisions of this agreement.
(b) This agreement is dependent upon and subject to all the terms and
conditions of said agreement with the Managers' Protective
Association, Inc., dated May 12, 1924.
_Arbitration_