Agreement for Theatre Directors in the UK

Transcription

1 Agreement for Theatre Directors in the UK From August 2018 March 2022 Incorporating rates for 2019, 2020 and 2021

2 Contents Collective Agreement 1 Scope Of Agreement Union Membership Equal Opportunities Interview Expenses Copies of Contract Form Implementation Duration of Agreement Schedule 1: Common Conditions Applicable To All Directors 1.1 Contract Subsistence Travel And Other Expenses Late Hours Failure To Produce Scripts Research Material Casting Ownership & Assigning the Copyright Licensing & Future Productions Co-productions Making Changes to the Work Publicity Consultation with the Director Social media, photography and press activities Archive Recording Recording for Publicity Purposes Recording for Broadcast Prompt Script Billing Working Conditions Payment Manager s Undertakings Director s Undertakings Prosecution Of Production Definitions Arbitration / Conciliation Assistant Directors...10 Schedule 2: Conditions Applicable To Freelance Directors Only 2.1 Exclusive Services Minimum Fees Definition of Duties Illness Extent Of Director s Services Assistant Directors...13 Schedule 3: Conditions Applicable To Resident Directors Only 3.1 Exclusive Services Minimum Salaries Payment Sabbatical Leave Holidays Illness Notice Period Artistic Directors Assistant Directors...16 Appendix 1 Rates from COLLECTIVE AGREEMENT This Agreement is made 28 September 2018 between UK Theatre Association (hereafter called UK Theatre ) of the one part and Equity of the other part. Whereby it is agreed as follows: 1 SCOPE OF AGREEMENT 1.1 This Agreement sets forth in the following annexed schedules hereto minimum terms and conditions which shall be observed by members of UK Theatre for the engagement of Directors for theatrical productions intended for initial presentation at theatres covered by UK Theatre/Equity Agreements for Performers and Stage Management in the Commercial Theatre and subsidised Repertory Theatre. 1.2 The above-mentioned annexed schedules are: Common Conditions (applicable to all Directors) Conditions applicable only to Freelance Directors (and to Freelance Assistant Directors wholly paid for by the Manager) Conditions applicable to Resident Directors including Artistic Directors (and to Assistant Directors wholly paid for by the Manager). 2 UNION MEMBERSHIP 2.1 A Director engaged by a Manager for any production shall, if not a member of Equity, be encouraged to apply for membership. 2.2 Whether or not a Director becomes a member of Equity, he / she shall not be engaged on terms less favourable than those herein prescribed. 3 EQUAL OPPORTUNITIES 3.1 UK Theatre and Equity, as the parties to this Agreement, are committed to Inclusive Casting and to the development of positive policies to promote equal opportunities regardless of sex, marital status, colour, race, creed, ethnic origin, age, sexual orientation or physical disability. The principal criteria for selecting an Artist or Director for a particular role or job shall be that Artist s or Director s ability and the requirements of the role or job. This principle shall apply in respect of all conditions of work and treatment of individuals. 3.2 The parties agree that they will review from time to time the operations of this policy and the effects on it of developments in legislation and in good engagement practice. 4 INTERVIEW EXPENSES A Director attending an interview at the Manager s request or as a result of an advertisement placed by the Manager shall, where the Manager is in receipt of funds from the appropriate Arts Council, a Regional Arts Board or Local Authority, a University or other public body or charitable institution, be reimbursed expenses, as agreed in advance. Expenses for this purpose shall include travel expenses from the Director s home address or address of current engagement provided that the distance involved is at least 25 miles and, where necessary and appropriate, accommodation including meals. 1

3 5 COPIES OF CONTRACT FORM When a Manager offers a Director an engagement under the terms of this Agreement, the Manager and the Director shall jointly sign copies of a Contract. This Contract shall be available in one of three ways: 5.1 As the standard Contract for this Agreement as obtainable in printed form from both UK Theatre and Equity. 5.2 As a downloadable version of the standard Contract posted on Equity s website. 5.4 An extended version of the standard Contract produced by the Manager. Such an extended version may contain additional terms and conditions to reflect the particular concerns and circumstances of the Manager. However, it shall still include all of the matter contained within the standard Contract and any additional terms and conditions shall be at least as beneficial to the Director as those in the standard Contract. 6 IMPLEMENTATION 6.1 The provisions of this Agreement shall come into operation on 1 August 2018 for all contracts entered into on or after that date for productions opening on or after that date but not otherwise. 7 DURATION OF AGREEMENT This Agreement shall subsist until terminated by either party giving to the other not less than 4 months prior written notice, accompanied by detailed proposals for its revision. Provided that no such notice shall be given to take effect before 31 March As witness the hands of the parties hereto the day, month and year first above written. For and on behalf of UK Theatre For and on behalf of Equity SCHEDULE 1: COMMON CONDITIONS (APPLICABLE TO ALL DIRECTORS) 1.1 Contract There shall be four copies of the Contract. One copy of the Contract shall be for the Manager. The other three copies of the Contract shall be supplied to the Director. The Director shall send one copy of the Contract to the Director s Agent (if applicable) and one copy of the Contract to Equity The Manager shall ensure that a copy of this Schedule, and, if required, other appropriate UK Theatre / Equity Agreement Schedules, shall be made available to the Director. 1.2 Subsistence Either: The subsistence allowance as agreed and for the duration agreed in the UK Theatre / Equity Subsidised Repertory Agreement for Performers and Stage Managers shall apply where the Manager s base or theatre is 25 miles or more from the Director s normal home address (as set out in his / her Contract) or the said distance is less than 25 miles but the Director is required (either by the Manager or by the non-availability of normal public transport) to reside closer to the base or theatre or A relocation package that is at least equivalent to 13 weeks of the allowance referred to in above. 1.3 Travel And Other Expenses The Manager shall reimburse the Director such travel and other expenses as he / she may incur, subject to the Manager s prior approval, in connection with the production where the Director s presence is required to fulfil the services required under the Contract. Provided that the Manager may instead pay the Director in advance such fixed allowance as shall be mutually agreed and any unforeseen expenses shall be the subject of further discussion. Any agreed travel and other expenses are separate from any fee payment(s) due to the Director under this Agreement. 1.4 Late Hours If the Director is required by the Manager to remain in the theatre or in any other place of work after 11.15pm or after the hour at which his public transport ceases, whichever shall be the earlier, then the Manager shall pay any reasonable expenses which the Director shall incur in providing transport to the Director s place of residence up to 20 miles from the theatre or such other place of work. The Manager shall use all reasonable endeavours to eliminate overnight travel. In circumstances where it proves unavoidable, fair and reasonable arrangements shall be made. 1.5 Failure To Produce If the Manager, for any reason, shall not produce a production for which the Director shall have been engaged, the Manager shall pay the Director in addition to any sums theretofore payable under his / her Contract not less than the fractions of the Director s Fee stated in the table below: No. of weeks notice given of abandonment of production before projected start of rehearsals Fee payable 10 or more weeks 1/4 of fee 5-10 weeks 1/3 of fee Less than 5 weeks 1/2 of fee 2 3

4 1.6 Scripts The Manager shall provide all scripts and music and these shall be legible. All parts written or printed are the property of the Manager and shall be returned to the Manager. See also Clause Research Material In the event of the Manager supplying or paying for research material for the Director, this material remains the property of the Manager and shall be returned to the Manager at the end of the week in which the first press performance is given. 1.8 Casting Unless specified otherwise in writing at the time of signing the Contract, the casting of the production shall be the Manager s exclusive right and responsibility subject to consultation with the Director and consideration being given to his / her view Where the Director is delegated the responsibility for casting, the Manager will inform the Director of the relevant UK Theatre / Equity conditions with which the Director will then comply on the Manager s behalf, including the Casting Agreements, the Equal Opportunities Cause and the Appendix on Nudity and Simulated Sex. Where appropriate, the Manager will also ensure that the Director is conversant with the relevant conditions of the UK Theatre / Writers Agreement with which the Director will comply on the Manager s behalf The Manager shall operate and assist the Director to operate the UK Theatre Equity Integrated Casting Policy The engagement by the Manager of other creative personnel (including Designers, Choreographers and Musical Directors) shall be subject to advance consultation with the Director. 1.9 Ownership & Assigning of the Copyright All copyright or like rights which may now or in the future exist in the product of the Director s services for the Production or otherwise from the Director s involvement with the Production shall hereinafter be referred to as the Direction and shall be and remain vested in the Director In consideration of the sums payable to the Director under this Agreement, the Director hereby grants to the Manager a sole and exclusive licence to use the Direction in the Production and for such other forms of exploitation of the play and/or the Production as are permitted under this Agreement. Such licence will subsist for the performing period of the Production / the planned touring period of the Production as defined in the Contract, and thereafter as mutually agreed between the Manager and the Director The Director hereby unconditionally and irrevocably grants to the Manager every consent necessary including under Part II of the Copyright, Designs and Patents Act 1988 for the Manager to make the fullest use of the services provided by the Director hereunder and the widest possible exploitation of the Direction as is permitted under this Agreement To the extent that the Director actually makes a contribution to the text of the play (to include a stage direction that thereafter becomes part of the text of the play) the Director shall assign to the Manager with full title guarantee, including by way of assignment of future copyright, all of the Director s right, title and interest in and to such contribution throughout the universe for the full period of copyright and thereafter in perpetuity. It is acknowledged that the Director shall not be able to make any additions or alterations to the text without the prior written consent of the Manager Licensing & Future Productions The Manager may, at any time, seek the Director s agreement to extend the licence granted hereunder either in time or scope or to transfer it in whole or in part to a third party The Manager agrees not to enter into any agreement with a third party involving the extension or transfer of the Manager s licence from the Director without the Director s written agreement, such agreement not to be unreasonably withheld Where the Manager wishes to reproduce the Production in the UK following the expiry of the agreed licence period, the Director shall grant to the Manager a licence to use the Direction in such subsequent production on the same terms as are set out in this Agreement and a further fee shall be payable to the Director. Such fee shall be mutually agreed between the Manager and the Director in the light of any further work required of the Director and with each party acting reasonably and in good faith, but shall not be less than 25% of the prevailing category minimum fee. The Director agrees not to unreasonably withhold agreement Where a third party, not being the Manager under this Agreement, wishes following the expiry of the agreed licence period to reproduce or transfer the Production to another theatre or a tour of theatres or to any other theatre(s) not covered by this Agreement then that third party must negotiate with the Director appropriate payments for the Director s further work (if any) and for further use of the Direction. The Director agrees not to unreasonably withhold agreement Co-productions Where the Production or any subsequent production presented by the Manager pursuant to this Agreement is a pre-planned co-production between a Subsidised Repertory member of UK Theatre and a Commercial member of UK Theatre, the minimum fee and weekly payment structure shall be as for a Commercial production (see Appendix 1) Where the Production or any subsequent production presented pursuant to this Agreement is a pre-planned co-production between one or more Subsidised Repertory members of UK Theatre, the minimum fee shall be as for the highest MRSL Grade Company involved in the co-production (see Appendix 1) Making changes to the work The Director shall have the right to withdraw his/her name from the Production if the Manager makes substantial changes to the Direction without his / her written consent, or if the Manager requires substantial changes to the Direction which the Director is not willing to implement. 4 5

5 In the event of such withdrawal the Manager shall forthwith arrange for the Director s name to be removed from bills and posters outside the theatre and from any other printed matter when next reprinted The Manager shall also ensure that all existing programmes are slipped to show the alteration, pending the next reprint The withdrawal of the Director s name shall in no way prejudice the Director s contractual financial rights Notwithstanding the above, the Manager and its licensees shall have the unrestricted right without first obtaining the Director s approval to make such minor changes to the Production and/or the Direction as may be required to accommodate any Health and Safety or legislative issues required by the appropriate authorities or the physical requirements of any theatre Publicity All photograph calls and / or recordings which are to be used for advertising and/or publicity and / or press promotion of the Production shall be made by the Manager, where practicable in consultation with the Director. It is understood and agreed that subject to the prior approval of the Manager the products of such photograph calls and / or recordings may be used by the Director solely for the purpose of inclusion in the Director s portfolio and subject to the Manager and the Production being credited The Director hereby agrees that the Manager may undertake or permit activities in connection with the marketing and/or advertising and/or publicity and / or press promotion of the Production, and/or for educational use. Such activities may include the following and may incorporate recordings and or images of the Director and the Direction: Social Media: including contribution to blogs, references to the Production and to the Direction through social media platforms which shall include, but not be limited to Twitter and Facebook or any of their successors; Photography: This may include pre-production photo shoots and rehearsal and production pictures; Press: This may include press photo calls; interviews and press shots on site and at media studios Archive recording The Manager may make an archive filmed copy of the Production so long as such copy is used for archive purposes and not for any commercial purpose. Such archive recording may be made available to organisations involved in the provision of an assisted performance of the Production Recording for publicity purposes As well as the recording of an archive filmed copy of the Production, the Manager may arrange for the creation of filmed video materials and/ or an EPK recording for the purpose of promoting, publicising or advertising the Production. This may incorporate recordings and or images of the Director and the Direction and include the following: behind-the-scenes films and photographs, short excerpts of rehearsals, filmed excerpts of the Production not to exceed 10 minutes completed edited footage, film of photo shoots and interviews; making of trailers and promotional videos; live streaming of post-show discussions Subject to , the Manager may without payment use the product of the recording for: Narrowcast A limited distribution of recorded material as distinct from broadcast and with the meaning usually attributed to such terms in the broadcast industry including but not limited to: Tradeshows (domestic and international); Group Sales Presentations; Ticket Sales sites; Ticket Booths; Travel Agent Displays; In Flight videos (including airport videos); In house hotel Videos; Tour bus Videos; Taxis; Underground station escalators; Footage on outdoor sites; Exhibition Stands; Sequences of no longer than 1 minute streamed on the main show website, affiliate sites, and ticketing outlets websites; Visit London/Britain promotional activities (domestic and overseas); Main line station screens; Promotional DVD where given away free to promote the show; Mobile digital media (Bluetooth, mobile phone texting, downloads etc.) Broadcast worldwide TV/radio/cinema/internet commercial campaign; incorporation within a Making Of Documentary for two UK network transmissions or one UK network transmission and one UK secondary channel; broadcast use on television or related media in news, topical magazine, light entertainment shows (including but not limited to chat shows, game shows), documentaries and awards programmes; and broadcast and non-commercial use as set out in this clause to promote subsequent productions worldwide until 4 Weeks after the Press Night of the subsequent production Where an extract from the Production is used for broadcast and an agreement exists between Equity and the relevant broadcasting companies for payment for such use, the Manager shall use reasonable endeavours to ensure that the Director receives any appropriate fee due as agreed from time to time between Equity and the broadcasting company The terms set out in this Clause 1.13 shall apply to any subsequent production presented by the Manager pursuant to this Agreement which make use of the Direction Recording for broadcast Any recording of the Production which is made by or on behalf of the Manager and is used and exploited for direct commercial gain by the Manager as a separate product (including for example as a television programme or film, publications, articles (other 6 7

6 than theatre programmes, souvenir brochures, cast albums or other uses of photos of a production) or commercial tie-ins (including videogames and interactive multimedia products) shall be subject to the following conditions: Use shall be subject to the payment of a royalty and/or fee in respect of the applicable use to be mutually agreed by the Manager and the Director each acting reasonably and in good faith. Any royalty and / or fee shall reflect prevailing industry practice and (if applicable) the contribution of any third party, and the extent to which all or a substantial or recognisable part of the Direction feature in such recording No recording shall be made or exhibited without the fee(s) / payments due to the Director having been agreed in writing by the Director and subject to advance consultation with Equity The terms set out in this Clause 1.14 shall apply to any subsequent production presented by the Manager pursuant to this Agreement which make use of the Direction Prompt script The Manager shall provide the Director with the opportunity to make (and preserve for the Director s own use) a copy of the Prompt Script by the end of the week including the Press Night Billing The Director shall be accorded normal credit on all posters and leaflets printed after the signing of the Contract and over which the Manager has control. In any such material where any individual contributor to the production is named (other than the author(s)), the Director shall also be credited. The Director shall be accorded credit on all programmes Working Conditions The Manager shall use his best endeavours to provide adequate rehearsal facilities including (if the full acting area is not available) a separate rehearsal room and space for the acting area to be marked out. The Director shall not be required to rehearse or continue rehearsals in extremes of noise or temperature (not being below 18 C) Payment Cheques in payment of a percentage or other similar continuing payments shall be sent to the Director or (if the Director so instructs in writing) to his / her Agent by noon on Friday following the week to which they apply The Director shall be given with every payment due a statement showing the amount and nature of that payment and of any deduction Any VAT due to the Director shall be paid to the Director within 30 days of the Manager s receipt of the Director s VAT invoice Manager s Undertakings In issuing the Contract the Manager shall be deemed to have undertaken: That he / she is registered as an approved Manager with the Theatre Council That he / she is not in default to any Equity member under a Contract issued by the London Theatre Council or Theatre Council and that he / she is not knowingly connected (as an individual proprietor, partner, associate producer, corporate director, officer, active shareholder or otherwise) with any defaulting Management: Default shall include but shall not be limited to cases where: the Manager admits that he / she is in default the Manager is in default by verdict of the Courts or of the Theatre Council Director s Undertakings In accepting the Contract the Director undertakes to: Perform the services required of him / her under his / her Contract in a diligent and competent manner Comply with the rules and policies of any theatre at which he / she works and with all rules and policies made by the Manager insofar as they do not conflict with the terms of his / her Contract Direct a production that does not contain any matter that, to the best of the Director s belief, is illegal. The Director undertakes to discuss with the Manager at the earliest opportunity any material in the production that may reasonably be considered to be potentially controversial Have regard to the health and safety of all Individuals, and ensure that all reasonable steps within the Director s power are taken to protect all Individuals from any foreseeable risk of harm having particular regard to any Individual who may be asked to undertake a hazardous act. (If there are any fight sequences in a production, these shall be supervised by a qualified Fight Director 1. If there are any substantial choreographic sequences in a production, these shall be supervised by a Choreographer.) Wherever appropriate, the Director should bring any concerns to the Manager s attention at the earliest opportunity. In accepting the Contract, the Director undertakes to acquaint him / herself with the Manager s Health and Safety procedures, which shall be provided by the Manager in written form, and to comply with them Prosecution Of Production If a complaint is made that a production is in violation of the law or statutory requirement, or if a claim or charge (either civil or criminal) is made against the Director acting in accordance with his / her Contract and provided that the Director has fulfilled the undertakings in above, the Manager shall defend the Director at his own expense and shall indemnify him / her against any loss or damage. However, if the Manager warns the Director in writing that his / her treatment of the production is likely to occasion such a complaint or claim or charge and the Director ignores such warning, the Director s protection under this Clause shall be forfeit. The Director will co-operate in every reasonable way to assist the Manager to defend any action against the Director or against the production for which the Director has been engaged Definitions When the Director negotiates a percentage of the weekly Box Office receipts to be paid by the Manager in addition to fees, the expression Box Office receipts shall 1 Refer to UK Theatre/SOLT/ITC Agreement for Fight Directors available from 8 9

7 mean the gross Box Office receipts less VAT or other tax (or equivalent thereof), credit card, charge card and other sales commissions, discounts offered at the discretion of the Manager for previews, matinees, parties, affinity groups, subscription schemes, standby sales and any other special discount Where in any Clause the expression not less than is used in respect of sums of money payable by the Manager to the Director to cover the services of the Director stated in such Clause, the Director shall render the services stated for the sum prefaced by the expression not less than unless a higher sum shall have been negotiated between the parties prior to the signature of the Contract If a Contract shall have been entered into by a Limited Company to provide the Manager with the services of the Director then (in the absence of any additional provisions agreed by the parties hereto to the contrary) all monies expressed as payable to the Director shall be validly given to the Director of such Company and the Director s personal guarantee as set out at the end of his / her Contract shall be signed by the Director and will apply to the carrying out of obligations by the Director and such Company Arbitration / Conciliation The Arbitration / Conciliation provisions of the current UK Theatre / Equity Performers Agreements shall apply Assistant Directors The following of the above conditions in Section 1 of this Schedule shall be applicable in the case of Assistant Directors: 1.1, 1.2, 1.3, 1.4, 1.5, 1.6, 1.7, 1.16, 1.17, 1.18, 1.19, 1.20, 1.22 and SCHEDULE 2: CONDITIONS APPLICABLE TO FREELANCE DIRECTORS ONLY 2.1 Exclusive Services This fee will give the Manager the Director s exclusive services to the production for a maximum period of four weeks from the first day of rehearsals in respect of each production until the final performance on the Saturday of the week in which the Designated Press Performance takes place 1 or such other period or periods of time as may be agreed in writing at the time of engagement Should the Director s exclusive services be needed for a longer period than four weeks then each week shall be paid a 20% of the prevailing sector s minimum fee. 2.2 Minimum Fees Director s Fee The Manager shall pay to the Director a Director s Fee of not less than the appropriate minimum as set out in Appendix 1 for the sector in which the Director has been asked to direct (Commercial Tour / (Season / Repertory or Subsidised Repertory) Current Daily Fee Should a full week not be required, the 20% fee can be sub-divided by 6 to give a daily rate fee. Expenses might also need to be given, in accordance with clause Payment Payment of the Director s fee shall be made as follows: 1/3 at the time of signing contracts. 1/3 no later than the first day of rehearsals. The remaining 1/3 on or before the Designated Press Performance Payment of any Daily Fees due shall be made within four weeks of receipt of the relevant invoice. 2.3 Definition Of Duties In return for the Director s Fee (as described in clause 2.2 above) the Director shall supply his / her services for the undertaking of the following duties: Preparation of the background, context and meaning of the play Preparation of an interpretative vision of the play Working with the production team (Designer, Lighting Designer, Choreographer, Musical Director, Production Manager, etc) to evolve and co-ordinate a unified physical production Responsibility for the achievement of the overall artistic conception of the production Actively co-operating in the publicising of the production (provided that this does not unreasonably interfere with rehearsals). 1 The Designated Press Performance will be defined on the Contract Form

8 Actively co-operating in the administration of the production, including working within agreed budgets as notified by the Manager Actively co-operating in the education and outreach policies of the Manager (provided that this does not unreasonably interfere with rehearsals). Any session not specified at the time of contracting the Director for which the Director is asked to take on the responsibility of leading shall be separately contracted and remunerated Attendance at at least one meeting before the rehearsal period of the production and at least one visit to the production subsequent to the week in which its Designated Press Night shall have taken place, unless the Manager and the Director mutually agree that such a subsequent visit is unnecessary Attendance, subject to the Director s reasonable availability, at appropriate meetings with other members of the artistic, production and management teams Responsibility for the Director s part in casting the original production as set out in Clause 1.8 above The word illness shall include any bodily or mental infirmity and shall be certified by a qualified medical practitioner. The Manager shall be responsible for the costs of obtaining a doctor s certificate if the Manager shall demand such a certificate for periods of less than 7 days sickness. 2.5 Extent Of Director s Services A Director shall not be required by the Manager to perform any function other than as a Director for the minimum fee or salary contained herein. If the Manager requests and the Director agrees to perform any additional function, they shall negotiate additional payments which shall not be less than the minimum terms for the services as set down in the appropriate union / management agreement. In any event the Director shall not undertake to perform services for which he / she is not qualified, or which might constitute a breach of good health and safety practice (see Clause above). 2.6 Assistant Directors The following of the above conditions in Section 2 of this Schedule shall be applicable in the case of Assistant Directors: 2.1, 2.2, , , , , , (unless the Manager and Assistant Director mutually agree this unnecessary), , , , , , 2.4 and Planning the rehearsal schedule for the company Responsibility for all artistic and performance aspects of the production as approved by the Manager Directing the performers during the given period of rehearsal in order to facilitate the preparation of their performances and their co-ordination into a unified production at a professional standard by the agreed opening performance Collaborating with the Production Manager, each taking responsibility for their respective areas, to co-ordinate the full company and production team from the beginning of the production weekend up to the end of the agreed opening performance Conducting at least two rehearsals of the understudies (where engaged and if required by the Manager) at least one of which shall be before the first public performance. 2.4 Illness In the event that a Director falls ill, the Manager shall negotiate with him / her appropriate payment. Provided that: Should a Director be unable to commence or complete his / her services due to illness, the Manager shall pay to him / her such a proportion of the total Director s Fee as is appropriate to the services theretofore rendered, plus the reimbursement of any expenses theretofore incurred. In the event that the Director and the Manager are unable to agree what the proportion should be, the Manager and the Director shall jointly report the matter to the Theatre Council and ask for their decision on that question and the Manager and the Director shall abide by their decision

9 SCHEDULE 3: CONDITIONS APPLICABLE TO RESIDENT DIRECTORS ONLY 3.1 Exclusive Services A Resident Director s services shall be exclusively available to the Manager throughout his / her engagement (with the exception of any sabbatical leave see Clause 3.4 below). 3.2 Minimum Salaries The Manager shall pay a Resident Director a weekly Resident Director s salary of not less than the appropriate minimum as set out in Appendix 1 hereto. For this salary the Resident Director shall undertake those duties assigned and agreed at the time of contracting or as subsequently altered by mutual agreement. Those duties may include such matters as development of artistic policy, the development of education and outreach policy, building of the artistic programme, the interviewing, recommending for appointment and training of staff and the harnessing of the energies of the personnel of the company towards the objectives of the theatre In addition, the Resident Director shall undertake the duties applicable to specific productions as outlined in Clause 2.3 (in the Freelance Schedule) above, up to a maximum of 5 productions in any 52 week period of his / her Contract If the Manager should require the Resident Director to direct more than 5 productions in any 52 week period then the Manager shall pay to the Resident Director (in addition to his / her weekly salary as set out in his / her Contract and described in Clause above, and in respect of each such production in excess of 5) a negotiated Director s Fee as described in Clause above, unless the Resident Director is in receipt of a salary that is above the relevant minimum salary as set out in the table below. In consideration of the payment of such Director s Fee, the Resident Director shall carry out the duties outlined in Clause 2.3 above. Salary No. of productions (% above minimum) (maximum) 10% 6 30% 7 50% For each production that the Resident Director is asked to direct, the Manager and the Resident Director shall mutually agree in advance and in writing the name of the production, the date of the start of rehearsals, the date of the Designated Press Performance and (for Copyright purposes) the concluding date of the Initial Run. 3.3 Payment The Resident Director s salary and, if relevant, subsistence allowance, shall be paid by cheque (if paid on a Thursday) or by the B.A.C.S. to reach the payee s account by noon on Friday of each week. 3.4 Sabbatical Leave A Resident Director shall be entitled to unpaid sabbatical leave of up to 13 weeks in respect of each period of 3 years of his / her contract, subject to prior discussion between the Manager and the Director on the terms of such leave. At the termination of the Director s engagement with the Manager, no liability (financial or otherwise) shall attach to the Manager for any such sabbatical leave not taken by the Director. 3.5 Holidays The holiday entitlement of the Director shall be not less than that for the Stage Managers engaged by the Manager, and in any case shall be not less than set out below: holidays, including public holidays, payable pro-rata. Holidays shall be taken on mutually agreed dates If the Director is required to work on a public holiday (which will, for the purposes of this agreement be considered to be the same as those specified in the relevant UK Theatre / Equity performance agreement), the Director shall be given a day off in lieu within the ensuing 12 weeks If for any reason holiday entitlement shall not have been taken, a Resident Director shall be paid at the rate of average weekly salary after every 12 weeks worked at the termination of their engagement for any holiday entitlement to which they are entitled but have not taken. Such an arrangement shall only apply to engagements of less than 52 weeks duration. For any engagements of 52 weeks or over, all holiday entitlement shall be taken as a holiday and not as paid compensation. 3.6 Illness Subject as hereafter provided in respect of any day upon which the Resident Director is unable by reason of illness to perform his / her duties, the Resident Director s full salary shall be paid, each weekday being deemed to attract l/6th of the relevant salary. Provided that the Manager shall not be obliged to pay the Resident Director s full salary for more than an aggregate of six weeks during the first year of the Resident Director s engagement with the Manager and not more than an aggregate of eight weeks for each subsequent year s engagement thereafter. At the end of such six (or eight) weeks, if the Resident Director is still unable to perform his / her duties, the Manager shall have the right by written notice to the Resident Director, to terminate the engagement without further liability but, if his / her engagement is not so terminated, the Resident Director shall thereafter be paid full salary without prejudice to the Manager s right at any time by written notice to terminate such engagement should the Resident Director s illness continue A Resident Director alleging incapacity through illness shall, within 72 hours, supply reasonable evidence of his / her incapacity (eg: a self- certificate for spells of up to 7 calendar days or a medical certificate for spells over 7 days). In the event of failure to produce such a certificate, the Manager may terminate the engagement forthwith or at once report the matter to the Theatre Council who may direct such penalty as they think fit and the Manager and the Resident Director shall abide by their decision. In the event of termination by the Manager, the Resident Director shall have the right, exercisable through Equity, to appeal to the Theatre Council, who shall have the power to reverse a decision relating to his / her dismissal. The Manager shall, at his own expense, have the right to have the Resident Director medically examined by the doctor or physician of his own choosing

10 3.7 Notice Period The engagement of a Resident Director shall be subject to termination by either party giving the other in writing not less than 8 weeks notice (13 weeks notice in the case of Artistic Directors), such notice not to expire before the Designated Press Performance of a production which the Director has been publicly announced as directing at the time of the notice being given. In the case of Assistant Directors, the notice period shall be 4 weeks without exception. Notes 3.8 Artistic Directors An Artistic Director may be engaged on a contract agreed locally which shall contain terms and conditions that are at least as beneficial as those for a Resident Director under this Agreement. Such a contract shall refer to this Agreement for all those terms and conditions which it does not itself explicitly set out An Artistic Director shall have the right to attend and speak at ordinary Board meetings of the Company. 3.9 Assistant Directors The following of the above conditions in Section 3 of this Schedule shall be applicable in the case of Assistant Directors: 3.1, 3.2.1, 3.2.4, 3.3, 3.5, 3.6 and

11 APPENDIX 1 RATES FROM From 1 August 2018 until 1 April 2022 % uplift each year: Subsidised 5% YEAR 1 YEAR 2 YEAR 3 YEAR 4 1 August March April March Apr March April March 2022 SUBSIDISED REPERTORY Freelance Directors Director s fee Director s fee Director s fee Director s fee MRSL Grade 1 3,332 3,499 3,674 3,858 MRSL Grade 2 2,910 3,056 3,209 3,370 MRSL Grade 3 2,745 2,882 3,026 3,177 Any week/s over 4 wks are payable at 20% of Directors Fee. Daily fee is 1/6th of Weekly Fee Artistic Directors Weekly Fee Weekly Fee Weekly Fee Weekly Fee MRSL Grade MRSL Grade 2/ Resident Directors MRSL Grade MRSL Grade MRSL Grade Assistant Directors (all Grades) % uplift each year: Commercial 6% in Year 1 and 5% thereafter YEAR 1 YEAR 2 YEAR 3 YEAR 4 1 August March April March Apr March April March 2022 COMMERCIAL REPERTORY Director s fee Director s fee Director s fee Director s fee Freelance 2,604 2,734 2,871 3,015 Weekly Fee Weekly Fee Weekly Fee Weekly Fee Exceptional minimum Normal minimum COMMERCIAL TOURS & SEASONS Exceptional Minimum Director s fee Director s fee Director s fee Director s fee Short run 1,970 2,069 2,172 2,281 Long run 2,955 3,103 3,258 3,421 Normal minimum Short run 2,626 2,757 2,895 3,040 Long run 4,376 4,595 4,825 5,066 Minimum Weekly Fees Weekly Fee/Daily Fee Weekly Fee/Daily Fee Weekly Fee/Daily Fee Weekly Fee/Daily Fee Exceptional Minimum (short run) Normal Minimum (short run)

12 Notes Summary of the main changes to the 2018 UK Theatre Directors Agreement FINANCIAL TERMS Financial Offer Subsidised sector 5% annual increase for 4 years; Commercial sector 6% increase in Year 1 followed by 5% annual increase for subsequent 3 years. EQUAL OPPORTUNITIES Clauses have been updated. Appendix 1 Collective Agreement clause 3 20

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