then, wherever the word "Four" appears in this paragraph and in
paragraph three the word "Five" shall be substituted.
_Notice of Closing_
7. The Manager shall give one week's notice of the closing of the
production and company for which the Actor is engaged.
_Duties of the Actor_
8. The Actor agrees to be prompt at rehearsals, to pay strict regard
to makeup and dress, to perform the services herein required in a
competent and painstaking manner, to abide by all reasonable rules and
regulations, and to render services exclusively to the Manager from
the date of beginning of rehearsals, and not to render services to any
other person, firm or corporation without the consent of the Manager.
_Miscellaneous_
9. Lay-offs, unless caused through the fault of the Actor, shall not
be counted as part of the guaranteed period.
10. If the blank in paragraph five is not filled in, and no guaranteed
period is agreed upon, the Manager agrees that this contract shall
call for a minimum guaranty of two weeks' employment from the date
named in Paragraph three hereof.
11. The Manager agrees that he has notice that the Actor herein is a
member of the Actors' Equity Association and as such member is bound
to conform to its lawful rules and regulations, and that it is a
lawful rule and regulation of said Association that, as far as the
Manager herein is concerned, the Actor is to work only in companies
operated by the Manager herein when all members of said company or
companies are members of the Actors' Equity Association in good
standing and continue to be such during the entire term of employment
hereunder. And the Manager agrees that the Actor shall not be required
to work hereunder in violation of said rule or other lawful rule of
said Association, and further agrees to the full extent to which said
agreement is lawful that all actors in the company in which the Actor
herein is employed, shall be and shall continue throughout the term
hereof to be members in good standing of the Actors' Equity
Association, except as provided in paragraph 24 of the Rules.
Should the Manager employ any non-member of the Actors' Equity
Association, or any member not fully paid up or not in good standing,
or one who fails to continue himself in good standing, or should the
Manager breach any covenant herein made, the Actor may (the Actors'
Equity Association consenting) not only terminate this agreement
forthwith, but the Manager also agrees to pay the Actor all sums due
to the date of termination, plus his return fare and plus, as
liquidated damages, no present basis for calculation existing, a sum
equal to two weeks' salary.
_Arbitration_
12. In event that any dispute shall arise between the parties as to
any matter or thing covered by this agreement, or as to the meaning of
any part thereof, then said dispute or claim shall be arbitrated. The
Manager shall choose one arbitrator and the Actors' Equity Association
the second; ---- shall be the third. These three shall constitute the
Board and the decision of a majority of the arbitrators shall be the
decision of all and shall be binding upon both parties and shall be
final. The Board shall hear the parties and within seven (7) days
shall decide the dispute or claim. The Board shall determine by whom
and in what proportion the cost of arbitration shall be paid, and the
parties hereby constitute said Board their agents and agree that its
decision shall constitute an agreement between them, having the same
binding force as if agreed to by the parties themselves. Further, that
they and each of them will, if required, sign such individual
arbitration agreement as to make said arbitration comply with a legal
arbitration under the laws of the State of New York, and the rules of
the Supreme Court thereof, and that judgment upon the award may be
entered in the Supreme Court of the State of New York. The oath of the
members of the Board of Arbitration shall not be necessary unless
specifically requested by one of the parties.
IN WITNESS WHEREOF we have signed this agreement on the day and year
first above written.
---- MANAGER
---- ACTOR
REGULATIONS
_Rehearsals_
A. (1) The Actor, if required, shall give four weeks' rehearsal
without pay (in case of musical comedy, revue or spectacular
production, five weeks), and obligates himself to be ready to rehearse
four (or five) weeks before the date mentioned in Paragraph three on
face of contract hereof; if further rehearsals are required then for
each additional week or part thereof the Manager shall pay the Actor
full compensation, as provided in Paragraph four on face of contract
hereof on Saturday night of each week.
(2) It is agreed that rehearsals shall be continuous from the date of
the first rehearsal to the date of the first public performance of the
play, as stated in Paragraph three on the face hereof.
_Clothes_
B. (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.
[Illustration: BELLE BAKER]
_Notices_
C. 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_
D. (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 F.
(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.
E. 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.
_Lost Performances_
F. (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, the Actor may terminate the contract
and the Manager will pay for all services to date and transportation
back to New York City.
_Lost Rehearsals_
G. 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
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_
H. 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.
I. 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 they
are 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 own control. Upon payment of said loss or damage
the Manager shall be subrogated to all rights of the Actor therefor.
J. 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 H, and elsewhere.
K. 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.
L. 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
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 the opening of the
play_ 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
rehearsals 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 the terms of the contract
are agreed upon between the parties, and contracts must be issued and
signed as of that date.
6. 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.
7. 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.
8. 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.
9. 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.
10. Should the Manager require the Actor purchasing 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 B of the Standard Run of
the Play Contract notwithstanding.
11. 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.
12. 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.
13. 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.
14. 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.
15. If in any production the star or featured member of the cast shall
be ill and a lay off takes 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.
16. 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.
17. 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.
18. 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.
19. Should either party give the other any notice permitted under this
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.
20. 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.
21. 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.
22. Sunday performances referred to in "Regulations" under Subdivision
4 of Paragraph D are regular dramatic and musical productions and do
not include vaudeville, recitals, concerts and the like.
23. The Actor shall be required to work only with a Manager who
employs exclusively in his company or companies actors who are, and
who continue to be, members in good standing of the Actors' Equity
Association.
24. 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]
[Illustration: BUSINESS OFFICE, NED WAYBURN STUDIOS]
* * * * *
FORM M.P.A.R. NO. 2
THIS CONTRACT MUST NOT BE ISSUED TO THE CHORUS.
_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.
RUN-OF-THE-PLAY
STANDARD CONTRACT
_For Use by Members of the Managers' Protective Association_
AGREEMENT made this ---- day of ----, 19--, between ---- (hereinafter
Called "Manager") and ---- (hereinafter Called "Actor").
The REGULATIONS and RULES contained on the reverse side are a part
hereof as though set forth on this page in full.
_Agreement of Employment_
1. The Manager hereby hires the Actor to render services, as such, in
the part of ----, in the play hereinafter mentioned, and the Actor
hereby accepts the said engagement; such hiring to be subject to the
terms hereinafter set forth.
_Period of Employment_
2. The term of employment shall be the Run of the Play now called
---- during the season of 19-- 19-- which said season is agreed to BE
THE PERIOD BETWEEN THE FIRST DAY OF SEPTEMBER AND THE FOLLOWING FIRST
DAY OF JUNE.
_Opening Date_
3. The date of first public performance shall be the ---- day of ----,
19--, or not later than fourteen days thereafter.
Employment hereunder shall begin upon the date of beginning of
rehearsals, which date shall be not earlier than four weeks prior to
the date of first public performance.
_Compensation_
4. The Manager agrees, as compensation for services hereunder, to pay
the Actor from and after the date named in Paragraph 3 and continuing
for and during the run of the production for which the Actor is
engaged, the sum of ---- Dollars ($----) each and every week (on
Saturday).
_Guaranteed Period_
5. The Manager agrees and guarantees that under this contract he will
give the Actor not less than ---- consecutive weeks' work, commencing
with the date of the first public performance, and pay him therefor.
If the blank in this paragraph is not filled in, and no guaranteed
period is agreed upon, the Manager agrees that this contract shall
call for a minimum guaranty of two weeks' employment from the date
named in Paragraph three hereof.
_Rehearsals_
6. The Actor, if required, shall give four weeks' rehearsal without
pay; if further rehearsals are required, then, for each additional
week or part thereof, the Manager shall pay the Actor, on Saturday of
that week, at the rate of the full salary mentioned in paragraph four.
Rehearsals shall be considered to be continuous from the date of the
first rehearsal to the date of the first public performance of the
play as provided in paragraph three.
If the above play is a musical play, or a spectacular production,
then, wherever the word "Four" appears in this paragraph and in
paragraph three the word "Five" shall be substituted.
_Notice of Closing_
7. The Manager shall give one week's notice of the closing of the
production and company for which the Actor is engaged.
_Duties of the Actor_
8. The Actor agrees to be prompt at rehearsals, to pay strict regard
to makeup and dress, to perform the services herein required in a
competent and painstaking manner to abide by all reasonable rules and
regulations, and to render services exclusively to the Manager from
the date of beginning of rehearsals, and not to render services to any
other person, firm or corporation without the consent of the Manager.
_Miscellaneous_
9. Lay-offs, unless caused through the fault of the Actor, shall not
be counted as part of the guaranteed period.
10. (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, omitting the "Equity Minimum
Contract" made a part of said agreement.
_Arbitration_