(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.

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 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.

(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 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 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's 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 Independent 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 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 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 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 any municipality in any state and should a

claim or charge be made against the Chorus on account of his being

engaged in such 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.

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.

[Illustration: NED WAYBURN STUDIOS OF STAGE DANCING]

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

premieres, 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.

* * * * *

AGENT'S CONTRACT

(Usual form of contract required by artist's representative, business

manager or "agent" as he is called, who negotiates with managers for

the artist's services.)

THIS AGREEMENT made this ---- day of ----, 19--, between ----,

hereinafter called the Manager, and ----, hereinafter called the

Artist.

WITNESSETH: In consideration of the covenants and conditions

hereinafter contained, the parties hereto have agreed and do hereby

agree as follows:

1st--The Artist engages the Manager as ---- exclusive Business Manager

and agrees to remain under his personal charge and supervision for a

term of ---- years from the date hereof, and in all matters and things

connected with the theatrical engagements and motion pictures, or in

any wise affecting the rendition of the Artist's services therein, to

be governed and controlled exclusively by the Manager's judgment and

discretion.

2nd--The Manager accepts the engagement as ---- Manager of the Artist

as above mentioned and agrees to manage, take sole charge of,

supervise and control the development and exploitation of the Artist

as an ---- in theatrical productions and motion pictures, and to use

his best efforts to promote the Artist's interests and enhance the

value of ---- services. The Manager further agrees to give due

publicity to the fact that the Artist is under his personal direction

and to render such other services as are customarily performed by the

Business Manager of actors or actresses engaged in theatrical

productions or in the production of motion pictures.

3rd--The Manager is authorized, on behalf of the Artist and in the

Artist's name, to negotiate for and enter into a contract or contracts

with theatrical managers and motion picture producers for the services

of the Artist at a minimum salary of ---- Dollars per week, or for

such other compensation as may be mutually agreed upon between the

parties. The Artist agreeing to conduct all negotiations through the

Manager and to advise him of all calls and offers of employment during

the terms of this agreement.

4th--The Manager will receive ten per cent (10%) of all salaries,

compensation, earnings or share of profits or receipts accruing to the

Artist during the term hereof, or through any contract for the

Artist's services made during the term of this agreement, said sum to

be payable to the Manager periodically as the compensation of the

Artist shall become due and payable, and the Artist does hereby

assign, transfer and set over unto the Manager ten per cent (10%) of

all compensation for services received during the period of this

agreement, and the Artist hereby authorizes and empowers any person,

firm or corporation for whom the Artist shall render services as

aforesaid, to withhold and pay over to the Manager ten per cent (10%)

of all compensation payable to the Artist from time to time as such

compensation shall become due.

5th--All advertisements, announcements or publicity relating to the

Artist paid for or payable by the Artist shall contain a statement or

notice to the effect that the Artist is under exclusive management or

direction of said manager.

IN WITNESS WHEREOF, the parties hereto have hereunto set their hands

and seals the day and year first above mentioned.

---- (L.S.)

---- (L.S.)

In presence of: ----

[Illustration: NW]

* * * * *

AGENT'S AGREEMENT

AGREEMENT made this the ---- day of ----, 19--, between ---- New York

City, hereinafter called the Manager, and ----, hereinafter called the

"Act."

WHEREAS the Manager is engaged in the business of managing, producing

and exploiting theatrical, motion picture and vaudeville enterprises

and specialties, and

WHEREAS, the said Manager is acquainted with the producers of

theatrical and motion picture enterprises and with persons desirous of

obtaining the employment of theatrical and vaudeville specialties,

similar to the one owned by the Act, and

WHEREAS, the said Manager has a wide experience and knowledge of the

method of staging and producing specialties and theatrical and motion

picture enterprises, and also of the duties of a Manager, and

WHEREAS the said Act is engaged in rendering and producing a certain

specialty in various cities and is constantly traveling and requires

the services of a person to attend to the making of contracts and the

proper advertising, correspondence, transportation, music, billing,

program and press matters of the said Act;

NOW therefore, in consideration of the premises and the sum of One

Dollar by each of the parties to the other in hand paid and in

consideration of the mutual covenants herein expressed, it is agreed

as follows:

FIRST: The Act hereby employs and engages the Manager to render his

services as personal representative and business manager for the Act

for a period of ---- or, ---- from the date hereof, and the Manager

hereby accepts said employment, upon the following terms and

conditions.

SECOND: The Manager agrees to attend to all correspondence of the Act

and to maintain an office at his own expense, which the Act may use,

and to arrange and to attend to the details in connection with the

transportation, advertising, billing, program and press matters and to

attend to the delivery of the same at such theatres as the Act may be

engaged to play, and to make and execute in the name of the Act as its

personal representative and Manager any and all contracts in

connection with the said Act. Also to advertise and exploit and to

procure and advertise reports of the said Act and to otherwise

popularize the same in such manner and such times as the Manager deems

best.

THIRD: The Act agrees to pay the said Manager for his services as such

a weekly salary of $---- during each week that the Act may perform at

a salary of $---- per week, and less or more than such compensation in

proportion to the salary earned by the Act, and to pay the Manager

such sums as he may disburse for other things necessary in managing

said Act.

FOURTH: The Act in order to secure the Manager the aforesaid salary

hereby assigns the amount of such weekly compensation to the said

Manager and hereby authorizes said Manager to draw and execute such

assignment in the name of the Act and hereby authorizes the managers

of the theatres to deduct said compensation and pay the same to the

Manager from the money due the Act.

FIFTH: The Act further agrees that the Manager shall be the sole and

exclusive Manager and representative of the Act during the said period

and that he shall not be required to devote all his time to or with

said Act.

SIXTH: The Manager further agrees at his own expense and when

necessary to employ employment agent or agencies in order to procure

the best employment for the Act and it is agreed that the Manager is

not to receive any compensation for procuring employment through said

agents or agencies or otherwise.

SEVENTH: It is further agreed that no oral agreement not included

herein is binding on the parties hereto:

In witness whereof the parties hereunto have set their hands and seals

this ---- day of ----, 19--.

It is understood that

if the Artist shall

play vaudeville the (Signed) ---- (L.S.)

commission to us

shall only be five

(5%) per cent. (Signed) ---- (L.S.)

In the presence of ----

* * * * *

MANAGERIAL CONTRACT

THIS AGREEMENT made this ---- day of ----, 192-, between NED WAYBURN

OFFICE, Inc., hereinafter called the Manager, and ----, hereinafter

called the Artist.

WITNESSETH: In consideration of the covenants and conditions

hereinafter contained, the parties hereto have agreed and do hereby

agree as follows:

1st--The Artist engages the Manager as ---- exclusive Business Manager

and agrees to remain under his personal charge and supervision for a

term of ---- years from the date hereof, and in all matters and things

connected with the theatrical engagements and motion pictures, or in

any wise affecting the rendition of the Artist's services therein, to

be governed and controlled exclusively by the Manager's judgment and

discretion.

2nd--The Manager accepts the engagement as Manager of the Artist as

above mentioned and agrees to manage, take sole charge of, supervise

and control the development and exploitation of the Artist as a ---- in

theatrical productions and in motion pictures, and to use his best

efforts to promote the Artist's interests and enhance the value of

---- services. The Manager further agrees to give due publicity to the

fact that the Artist is under his personal direction and to render

such other services as are customarily performed by the Business

Manager of actors or actresses engaged in theatrical productions or in

the production of motion pictures.

The Art of Stage Dancing The Story of a Beautiful and Profitable Profession · 第 25 / 26 段