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.