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
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.
_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 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.
_Rules of Travel and 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. Should the manager for any of the foregoing
reasons close the company and later on reopen, the Actor shall be
re-engaged upon the same terms herein specified, should the Actor
desire such engagement.
[Illustration: PEARL REGAY]
_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.
M. Strikes, within the meaning of Paragraph F hereof, are 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.
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
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 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 "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 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 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.
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 where the contracts of
such individual actors permits him to take such action as to them 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.
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.
* * * * *
FORM 1B
B
CHORUS EQUITY MINIMUM CONTRACT
Standard Form as agreed upon by the
_Managers Protective Association, Inc._
_Chorus Equity Association_
(Affiliated with the American Federation of Labor)
110 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.
AGREEMENT made this ---- day of ----, 192-, between ---- (hereinafter
called "Manager") and ---- (hereinafter called "Chorus").
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 Chorus Equity Minimum Contract, Standard Form," are also
made a part hereof as though printed herein at length.
_Agreement of Employment_
1. The Manager engages the Chorus to render services in ----, (Here
insert present title of play.) and the Chorus hereby accepts such
engagement 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 Chorus the sum of ---- Dollars ($----)
each week, in New York City, and ---- Dollars ($----) each week
outside of New York City, on Saturday thereof, from and after the date
named in paragraph "2" and until this agreement is duly terminated.
The minimum salary of this contract shall be the sum of Thirty ($30)
Dollars weekly in New York City; outside of New York City the minimum
salary shall be the sum of Thirty-five ($35) Dollars, unless the
production shall be designated by the Chorus Equity Association of
America, as a Number 2 attraction, in which case the road salary shall
be Thirty ($30) Dollars.
_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 Chorus Equity Minimum Contract Standard Form," and as
hereinbefore provided are a part hereof.
_Duties of the Chorus_
4. The Chorus 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 Chorus's employment hereunder is conditional upon the
membership of the companies of the Manager being in accordance with
the Chorus Equity Association rules, set forth in the agreement
between the Chorus Equity Association and the Managers' Protective
Association, dated May 12, 1924, and the Chorus shall not be required
to work hereunder in violation if 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 Paragraph "Seventh" of said agreement,
or Paragraph "Eighth" of the Managers' Protective Association-Actors'
Equity Association basic agreement, dated May 12, 1924, as modified
and incorporated into said Chorus Equity Association M.P.A. basic
agreement, the Chorus shall at his option, provided the Chorus 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
Chorus through and with the consent of the Chorus 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 Managers' Protective Association,
dated May 12, 1924.
_Arbitration_
6. 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 Chorus 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.
---- Chorus.
REGULATIONS
(To be printed on Chorus Equity Minimum Contracts, Standard Form)
_Rehearsals_
A. (1) The Chorus, 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 Chorus half
salary for the next two weeks and full salary thereafter. All payments
for rehearsals beyond the four weeks shall be made on or before the
Saturday 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 2 on the face hereof.
_Notice of Termination Before Rehearsal_
B. This contract may, before the beginning of rehearsals, be
terminated as follows:
(1) If the contract be signed and entered into prior to two months
before the specific date mentioned in Paragraph 2 on the face hereof,
by the Manager's giving the Chorus written notice and paying him two
weeks' salary.
If, however, previously to giving such written notice, the Manager
shall have given to the Chorus written notice that the play will not
be produced or that the Chorus will not be called for rehearsals, and
the Chorus thereafter secures a new engagement under which payments to
him are to begin not later than the date specified in paragraph 2 on
the face hereof, then and in that event, instead of said two weeks'
salary, the only sum, if any, which the Manager need pay the Chorus,
shall be the amount, if any, by which said two weeks' salary exceeds
two weeks' salary to the Chorus under said new engagement.
_Notice of Termination During Rehearsal_
C. This contract may, during rehearsals, be terminated as follows:
(1) At any time during the first ten days rehearsal of the Chorus, 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 Chorus be
re-engaged by the Manager for a Chorus in which he has previously
worked, in which event he shall be paid two weeks' compensation; or
(2) Any time after the first ten days rehearsals of the Chorus by the
Manager paying the Chorus immediately a sum equal to two weeks'
compensation; or
(3) If this contract be signed and entered into prior to two months of
the date mentioned in paragraph 2, by the Manager giving written
notice to the Chorus and paying two weeks' compensation.
(4) If the contract be signed and entered into within two months of
the specific date mentioned in paragraph 2 on the face hereof and the
play is not placed in rehearsal or is abandoned, the Manager shall pay
the Chorus a sum equal to one week's salary.
_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.
_Termination By Closing of Play and Season_
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 Chorus
to further compensation, provided he has paid the Chorus 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. All hats, costumes, wigs, shoes, tights and stockings shall be
furnished the Chorus by the Manager.
_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_
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 Chorus 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
1st, 1924.
_Lost Performances_
I. The Chorus shall travel with the company by such routes as the
Manager may direct, and the Chorus shall not demand compensation for
any performance lost through unavoidable delay in travel which
prevents the giving of performances by the company.