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 Chorus cannot perform on account
of illness or any other valid reason, then the Chorus 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 Manager may terminate the contract by
paying in cash for all services and transportation of the Chorus back
to New York City, including sleeper.
_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 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 Chorus shall be
free, unless the Manager wishes to continue the services of the Chorus
and pays him full salary therefor.
_Transportation_
L. The Manager agrees to pay for transportation of the Chorus when
required to travel, including transportation from New York City to the
opening point and back to New York City from the closing point,
including sleepers. The Manager has the right to put two in a lower
berth and only one in an upper berth. The Manager also agrees to pay
the cost of transportation of the Chorus' personal baggage up to 200
pounds weight. Sleepers must be supplied for the Chorus for all travel
begun before five o'clock in the morning.
M. (1) If individual notice of termination is given by the Manager, he
agrees to pay the Chorus in cash the amount of the cost of
transportation and sleeper of the Chorus and his baggage back to New
York City, whether the Chorus returns immediately or not.
(2) If this contract is cancelled by the Chorus, he agrees to pay his
own railroad fare back to New York City.
(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
paragraphs L, M-1 and M-2 and elsewhere.
N. The Manager shall not be responsible for any loss occurring to the
personal baggage of the Chorus, whose duty it is, if he desires to
protect himself against loss, to insure the same.
O. Strikes, within the meaning of Paragraph J hereof, 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.
RULES GOVERNING CHORUS EQUITY MINIMUM CONTRACTS STANDARD FORM
(To be printed on Chorus Equity Minimum Contracts, Standard Form)
1. A list or lists of all members of the Chorus of the play, stating
the full names and salaries of each member, shall be filed by the
Manager with the Chorus Equity Association not later than the
termination of the first week of performance. If the Manager prefers,
triplicate copies of all Chorus contracts may be so filed instead.
2. Rehearsals begin on the day for which the individual Chorus is
called--whether he works or not--next following the second day of
tryout. If after the second day of tryout the Chorus is required or
permitted to work, he shall be deemed to have been called for a
rehearsal.
Tryouts may, if necessary, be on two separate days, one day for voice,
and one day for dancing and for general qualifications. If said two
days of tryout are not consecutive, the Chorus shall not be required
to report for any purpose on the intervening days between such
tryouts. If the Chorus is called for any day, or works on any day,
after the second tryout day, the probation period of ten days starts
on that day.
3. In case of company rehearsals being held before opening at a place
different from that of organization, the Manager shall pay the Chorus
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 Chorus 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 Chorus shall be deemed to be entered
into between the said parties no later than the date of the first
rehearsal, and written contracts must be given and signed before the
end of the ten-day probationary period for rehearsals. If such written
agreement is not offered to the Chorus, fully made out and ready for
signatures, on or before the tenth day of rehearsal, the Chorus, at
his option may terminate the employment, in which event the Manager
shall pay to the Chorus a sum equal to one week's minimum
compensation.
If such contract has not been so offered within said ten day period
(and if the Chorus has not then terminated the employment) and such
contract is not offered at the end of the twentieth day of rehearsal,
the Chorus, at his option, may terminate the employment, in which
event the Manager shall pay him a sum equal to two weeks' minimum
compensation.
6. If after joining a company, which has opened and is on tour, a
Chorus is dismissed at rehearsals within the ten day probationary
period (provided the ten day probationary period has not already been
deleted from his contract) the Manager shall pay to the Chorus his
transportation and sleeper both ways and for each day of rehearsal a
sum equal to one-seventh of the weekly salary agreed upon, said
rehearsals to be deemed continuous and to begin not later than the day
after the Chorus's arrival. In case the Chorus is dismissed after the
ten day probationary period the Manager shall pay the Chorus two
weeks' salary and his transportation and sleeper 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 the 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
Chorus Equity Minimum 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.
10. If the play for which the Chorus 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 ten day
probationary period would have expired, the Manager shall pay the
Chorus 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 Chorus is
entitled to compensation under the preceding paragraph, payment shall
be made by the Manager to the Chorus not later than three weeks prior
to date of opening specified in Paragraph 2 of the main contract.
12. Ten days' rehearsals means ten consecutive calendar days, counting
Sunday (when Sunday is used for rehearsals) and said ten days
terminate with the dismissal of rehearsal on the tenth day, as herein
reckoned.
13. If the Chorus is not allowed or required to work out any notice of
dismissal properly given under his contract the amount to which he is
entitled shall be paid forthwith upon the giving of the notice.
14. 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.
15. 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.
16. 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
Chorus Equity Association. Such consent, if given, shall be upon such
terms and conditions as may be considered just and equitable by such
Association.
17. 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.
18. The Chorus 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 Chorus for such transportation
anywhere on Manhattan Island.
19. Should the Citizens' Jury provided for in New York decide
adversely to the continuance of a production because salacious or
against public morals, the Chorus shall forthwith terminate his
employment without notice, payment or penalty.
20. Should the production in which the Chorus is engaged be complained
of as being in violation of any statute, ordinance or law of the
United States, any state or municipality in any state and should a
claim or charge be made against the Chorus on account of his being
engaged in such a production, either civil or criminal, the Manager
shall defend the Chorus at his own expense, or shall pay any and all
reasonable charges laid out or incurred by the Chorus in his defense,
and the Manager agrees to indemnify the Chorus 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.
21. The Manager shall have the right to lay off his company the week
before Christmas and Holy Week without pay. 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 Chorus Equity Association in case of illness of the
star or prominent member of the company or change of cast.
[Illustration: EDDIE CANTOR]
22. 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, Chorus
receiving less than $100 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 Chorus 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.
23. 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 Chorus Equity Association for
the right to do so, which right shall be granted if the Actors' Equity
Association grants the same right, and shall be granted upon the terms
and conditions that are acceptable to the Actors' Equity Association.
But in any event if a change or changes in the cast is made the Chorus
dismissed and not employed upon the renewed run of the play shall be
paid at least one week's additional salary.
24. Musical comedies, revues or spectacular plays shall immediately
after a New York run be allowed one day's lay-off without pay before
the opening in either Boston or Chicago. This does not apply to
premiers, i.e., original openings in those cities.
25. Should the Chorus deem that he has any claim against the Manager
under his contract, he shall present the same to the Chorus 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.
26. Should either party give the other any notice under his contract
which terminates the same at any future date and should the Chorus
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 performance under his then existing contract.
27. The actual salary of the Chorus agreed upon shall be stated in the
contract and a lesser or fictitious salary shall not be stated in the
contract.
28. Unless special consent otherwise is given by the Manager,
understudies shall be present at each performance.
29. "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.
30. Sunday performances, referred to in the "Regulations," under
Subdivision 4 of paragraph "H" are regular dramatic and musical
productions and do not include vaudeville, recitals, concerts and the
like.
31. Chorus 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
rehearsal.
* * * * *
FORM 2B
TO BE ISSUED ONLY TO C.E.A. MEMBERS IN GOOD STANDING
CHORUS EQUITY MINIMUM CONTRACT
Standard Form Issued by the
_Chorus Equity Association_
(Affiliated with the American Federation of Labor)
229 West 51st 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 by "Independent" New York Managers and others playing the
same class of attractions_
AGREEMENT made this ---- day of ----, 192-, between ---- (hereinafter
called "Manager") and ---- (hereinafter called "Chorus").
_Regulations and Rules Over Leaf_
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 Independent Chorus Equity Minimum Contract Standard
Form," on the pages following, and except as hereinafter provided are
a part hereof.
_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.
_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. The Manager agrees that he has notice that the Chorus herein is a
member of the Chorus 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 Chorus is to work only in companies operated
by the Manager herein when all members of said chorus of said company
or companies are members of the Chorus Equity Association in good
standing and continue to be such during the entire term of employment
hereunder. And the Manager agrees that the Chorus 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 chorus members in the company
in which the Chorus herein is employed, shall be and shall continue
throughout the term hereof to be members in good standing of the
Chorus Equity Association.
Should the Manager employ any non-member of the Chorus 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 Chorus member may (The
Chorus Equity Association consenting) not only terminate this
agreement forthwith, but the Manager also agrees to pay the Chorus 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_
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 Independent Chorus Equity Minimum Contract, 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 to 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 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.)