Actors Equity Association

Transcription

1 Actors Equity Association AGREEMENT AND RULES GOVERNING EMPLOYMENT UNDER THE THEATRE FOR YOUNG AUDIENCES CONTRACT Effective Date: June 27, 2011 Expiration Date: June 29, 2014 NATIONAL OFFICE 165 West 46 th Street New York, NY (212) phone (212) fax CHICAGO OFFICE 557 West Randolph Street Chicago, IL (312) phone (312) fax HOLLYWOOD OFFICE 6755 Hollywood Boulevard, 5 th Fl Hollywood, CA (323) phone (323) fax ORLANDO OFFICE Orangewood Boulevard Orlando, FL (407) phone (407) fax

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3 TABLE OF CONTENTS RULES GOVERNING ALL TYA PRODUCTIONS 1. ACTOR'S OBLIGATION TO EQUITY AGENTS ALIENS ARBITRATION ARTIST-ACTIVITY AUDITIONS BEREAVEMENT BILLING BINDING EFFECT OF AGREEMENT BLACKLISTING BREACHES BY PRODUCER CHORUS: ADDITIONAL COMPENSATION PROVISIONS CLAIMS CONTINUOUS EMPLOYMENT CONTRACT COSTUMES DANCE CAPTAINS DEFAULTING PRODUCERS DEFINITIONS DEPUTIES AND REPRESENTATIVES DISCRIMINATION FOR UNION ACTIVITY DUTIES OF THE ACTOR EQUAL EMPLOYMENT OPPORTUNITY, NON-TRADITIONAL CASTING AND NONDISCRIMINATION EQUITY: SPECIAL PROVISIONS k HEALTH INSURANCE HOUSING LAWS GOVERNING MEDIA RECORDING AND BROADCAST MILITARY SERVICE OF THE ACTOR MINORS NO LOCKOUTS OR STRIKES NON-DISCRIMINATION NON-TRADITIONAL CASTING PARKING PENSION POSTING OF AGREEMENT PRODUCER S REPRESENTATIVE PRODUCTION CONTRACT HOUSES PRODUCTION PROSECUTED PROGRAM/HOUSEBOARD PROPERTY QUESTION AND ANSWER PERIOD SAFE AND SANITARY SALARY SECRET VOTE SECURITY AND SECURITY AGREEMENTS

4 48. SICKNESS: MISSED PERFORMANCES SOCIAL SECURITY, UNEMPLOYMENT INSURANCE, WORKER'S COMPENSATION AND SUPPLEMENTAL WORKERS COMPENSATION PLAN SPONSORS STAGE FIGHTING/STUNTS STAGE MANAGERS, ASSISTANT STAGE MANAGERS AND ACTOR/ASM S SUBSIDIARY RIGHTS TERMINATION UNION SECURITY VOLUNTARY CLASSES Rules Specifically Governing Touring Productions 57. COSTUME CALLS LAYOFF PERFORMANCE PERFORMANCE SCHEDULE PHOTOGRAPHS & PUBLICITY (SEE ALSO RULE 73) REHEARSAL REST PERIODS, BREAKS, DAYS OFF TRAVEL UNDERSTUDIES Rules Specifically Governing Resident Productions 66. DEFINITION COSTUME CALLS LOCAL RUN-OUTS MORE REMUNERATIVE EMPLOYMENT ( MRE ) OUT-OF-TOWN ACTORS PERFORMANCE PERFORMANCE SCHEDULE PHOTOGRAPHS & PUBLICITY. (See Rule 61 PHOTOGRAPHS & PUBLICITY) REHEARSAL REST PERIODS, BREAKS, DAYS OFF UNDERSTUDIES

5 Agreement made as of June 27, 2011, between Actors' Equity Association (hereinafter "Equity") and The Producers' League of Theatre for Young Audiences (hereinafter Producer ). RECOGNITION The Producer agrees to recognize Equity as the exclusive bargaining representative of all the Actors (Principals, Chorus, Stage Managers and Assistant Stage Managers) employed by the Producer, for the purpose of collective bargaining and the administration of matters within the scope of this Agreement. RULES GOVERNING ALL PRODUCTIONS 1. ACTOR'S OBLIGATION TO EQUITY (A) Nothing contained in any employment contract signed by any Actor shall be construed so as to interfere with the carrying out of any obligation which an Actor owes to Equity by virtue of such Actor's membership, and the Producer shall not only not request or require any member to do any act or thing forbidden by the Constitution and By-Laws of Equity or by the rules or orders of Equity, or orders of its authorized executives, but will require the Actor to do and/or assent to the Actor doing any and all acts required by the foregoing. (B) The Producer further agrees that the Producer has notice: (1) That the Associated Actors and Artistes of America is a voluntary Association ( the 4A's ) and is subject to the Constitution, By-Laws, rules, regulations and orders of the American Federation of Labor-Congress of Industrial Organizations ( AFL-CIO ), from which it derives its charter. (2) That Equity deriving its charter from the 4A's is in turn subject to the Constitution, By- Laws, orders, rules and regulations of the 4A's and the AFL-CIO. (3) That the Actor is directly subject to the Constitution, By-Laws, rules, regulations and orders of the 4A's, and the Producer agrees that the Actor will not be required to do any act or thing forbidden by the Constitution or By-Laws of the 4A's or by its rules, orders or regulations. Contracts of employment shall be subject to all such rules and regulations. 2. AGENTS (A) Equity Franchise Required. The Producer has notice that if the negotiation for or the obtaining of a contract of employment by the Actor is through any employment agent or personal representative not holding an Equity franchise or one whose franchise from Equity is not in good standing, the Actor is liable to suspension or other disciplinary action by Equity. (B) Principal Commissions An Actor engaged under a Principal contract may be required to pay commissions and/or fees to agents in accordance with Equity agency regulations. (C) Chorus Commissions An Actor engaged under a Chorus contract shall not be required to pay commissions to any agent except in accordance with Equity agency regulations. 3. ALIENS. Non-resident aliens may not be employed in Theatre for Young Audiences productions without the express consent of Equity. Equity s determination shall be final and binding. 1

6 4. ARBITRATION (A) Any controversy arising from the application or interpretation of this Agreement or affecting the relationship between any Actor or Equity and the Producer, including disputes as to the existence or validity of any employment contract, shall be submitted to arbitration pursuant to the Voluntary Labor Arbitration Rules of the American Arbitration Association. All arbitrations shall take place in one of the cities where Equity maintains an office. (B) Arbitration as provided herein shall be the exclusive remedy for the resolution or adjustment of disputes, including any question as to whether a dispute or issue is arbitrable under the provisions of this Agreement. The expenses of the arbitration, including the compensation of the arbitrator, shall be shared equally by Equity and the Producer. Nothing herein shall be construed to give the arbitrator the authority to alter, amend or modify any of the provisions of this Agreement. Equity shall act on behalf of the Actor in any arbitration proceedings and no Actor is authorized to commence any arbitration proceeding except with the consent of Equity. (C) Speedy Arbitration Regarding Continuation of Salary Claim. If Equity claims a continuation of salary for an Actor whose contract is alleged to have been terminated wrongfully, any resulting arbitration shall take place, if possible, within 30 days after Equity receives the Producer's response to the claim. The decision of the arbitrator shall be rendered within one week following the conclusion of the hearing. 5. ARTIST-ACTIVITY. (A) Artist-Activity Permitted. Actor(s) signed to the Weekly Contract may participate in Artist- Activity in lieu of or in addition to performances, provided all Artist-Activity is given in conjunction with a performance. All work rules of this Agreement shall apply. (B) Definition of Artist-Activity Artist-Activity shall be defined as any direct contact between the Actor and the audience. This may include: (1) Conducting class; (2) Participating in symposia; (3) Planning with teachers; and/or (4) Any other Artist-Activity consistent with the concept of an artist performing for and/or with young people and/or their teachers including directed feedback sessions. QUESTION AND ANSWER PERIOD are not included under this definition. (See also Rule 43 QUESTION AND ANSWER PERIOD.) (C) Artist-Activity Workweek (Weekly Contract). (1) The term "Artist-Activity" shall apply only during a workweek in which the Actor both performs and participates in any Artist-Activity as defined above on a Weekly Contract. (2) In any Artist-Activity workweek Actors may participate in no more than 18 hours of combined performance and Artist-Activity without additional compensation. (3) For each additional 2 hours, or part thereof, beyond the basic 18 hours, the Actor shall receive no less than the prevailing increment for performances in excess of nine in a workweek. (See Rule 45(A)(4) SALARIES.) (4) There shall be a maximum of 24 hours of combined performance and Artist-Activity per workweek and no more than 6 hours per day. 2

7 (5) In no event shall the number of actual performances in an Artist-Activity workweek exceed those as stipulated in Rules 59(A)(2) PERFORMANCE. & 71(A)(3) PERFORMANCE. (6) In a prorated week, each 2 hours of Artist-Activity or part thereof, shall be considered a performance and shall be compensated according to Rule 45(C)(2)(d) SALARIES. (D) Artist-Activity Conditions (1) There shall be no Artist-Activity on a three-performance day. (2) There shall be a teacher present in the room at all times and the Producer shall so inform the Sponsor(s). (3) The Actor shall be informed at the audition of the possibility of doing Artist-Activity. (4) All Artist-Activity shall be noted on the Actor's performance schedule rider in accordance with Rules 60(A)(3) & 72(A)(3)PERFORMANCE SCHEDULE (5) The Producer shall prepare the Actor for Artist-Activity during regular rehearsal hours. (6) The Actor shall not be required to do Artist-Activity without the participation of another company member unless the Actor chooses to do so. (7) The Actor, although not required, may choose to wear a costume. (8) All materials required for Artist-Activity, including make-up, shall be supplied by the Producer. (E) Non-Participating Actor. If any Actor is not participating in Artist-Activity and is therefore not compensated in accordance with (C) above, said Actor shall be transported back to Actor's motel or departure/return-point following the performance. In lieu of such transportation, said Actor shall receive overtime for each hour or part thereof until said transportation is available. (F) Artist-Activity on a Per Performance Contract Artist-Activity may be part of a Per Performance schedule only by special arrangement with Equity. (1) For any performance and/or Artist-Activity, or combination thereof, that does not exceed 2 hours; the applicable prevailing Per Performance rate shall apply. (2) If a performance and Artist-Activity exceeds 2 hours, an additional applicable prevailing Per Performance rate shall be due. 6. AUDITIONS (SEE ALSO RULE 23 EQUAL EMPLOYMENT OPPORTUNITY, RULE 33, NON- DISCRIMINATION and RULE 34, NON-TRADITIONAL CASTING) (A) Principal Auditions. (1) General. (a) The Producer shall conduct auditions, without appointment, for principal performers. The following conditions shall apply: (1) Among the auditions held for principal performers, there shall be auditions for Equity performers. (2) The Producer is under no obligation to hire any person pursuant to any audition procedure, including the procedures for Equity performers set forth below. (b) Producers to whom a concession to this Agreement has been granted in writing by Equity prior to the conducting of auditions shall conspicuously post a copy of said concession at all auditions. Said concession shall be null and void if the Producer does not comply with this provision. 3

8 (c) Performers shall be informed at auditions of the possibility of doing Artist-Activity in accordance with Rule 5 of this Agreement. (d) Producers who tour under a weekly contract shall conspicuously post a notice identifying which Tier each production will be contracted under at all auditions. (See also Rule 45(A)(2).) (e) Producers who tour shall conspicuously post the proposed tour schedule, or a sample of a prior year s schedule at all auditions. (2) Equity Principal Auditions. The Producer shall comply with the below-listed audition provisions for Equity Principal Performers. (a) Casting Notice. At least six weeks prior to the first rehearsal of each season: (1) The Producer shall submit to Equity s Auditions Department, for posting by Equity, a casting notice for the Producer s required Principal Auditions, including a listing and description of general type requirements, including Stage Managers and Assistant Stage Managers, for all planned productions in that season. If an Actor is also to be assigned as an Assistant Stage Manager (the duties must be outlined), this shall be included in the above description and posted in a conspicuous place at all auditions. (2) This notice shall be submitted prior to any other casting announcement but no later than two weeks preceeding the first day of any Principal audition. (3) Included in the notice shall be the name and address of the audition place as well as dates and times of the audition, instructions (e.g., Prepare a brief song or sides will be provided at the audition ) and all necessary information for contacting the Producer as well as the names of all directors and/or choreographers, if such information is available. (b) The Producer agrees to set aside one half-day once each season to interview Stage Managers. During these interviews, those responsible for the hiring of Stage Managers shall be present. (c) Two four-hour days or one seven out of eight hour day shall be set aside as Equity Principal Auditions. All Equity performers who sign up for the Equity Principal Audition during the specified hours will be auditioned individually. In Equity Regional office cities, Equity will provide a monitor, at no cost to the Producer, to run the required Equity Principal Auditions (d) Principal auditions will take place in either the nearest city where Equity maintains an office (New York, Chicago, Los Angeles, or Orlando) or the nearest Equity Liaison city, or San Francisco, whichever is closer to the company s primary place of business.. (e) In addition to the seasonal auditions outlined herein, there shall be one four-hour audition or Stage Manager interview for any previously unannounced production(s) within the season. (f) An audition for a Principal role is defined as singing or reading or performing a structured improvisation or a prepared monologue. If the primary skill required for one or more principal role(s) is dance, a portion of the Equity Principal Auditions day may be held as a Principal Dance Audition. (g) An individual with casting authority (that is, one who can effectively recommend performers for employment by the Producer) shall be present at all times during auditions. 4

9 (h) At subsequent auditions, performers shall be called at specific times and shall not be auditioned in groups, unless it is necessary for physical screening and/or voice blending and/or dance. Subsequent auditions shall not exceed two per production. (i) Replacement auditions shall be limited to three for each performer for each production. (B) Chorus Auditions. (1) General. The Producer shall conduct chorus auditions for all productions utilizing chorus performers. The following conditions shall apply: (a) Among the auditions held for chorus performers, there shall be chorus auditions for Equity performers. (b) The Producer is under no obligation to hire any person pursuant to any chorus audition procedure, including the procedures for Equity performers set forth below. (2) Equity Chorus Auditions. The Producer shall comply with the below-listed audition procedures for Equity performers. (a) The Producer shall advise Equity as to the primary Chorus skill (singing or dancing) required for each production. (b) The scheduling of Chorus auditions for performers shall be arranged through Equity's Auditions Department and notice of such calls, including primary skill requirements, shall be posted by Equity. (c) The Producer shall notify Equity of the time and place of the final (second) audition. (d) Equity shall receive at least 12 days notice of the first audition. (C) Additional Equity Provisions. (1) Performers shall be compensated at the prevailing hourly overtime rate per hour or part thereof for each audition and/or reading beyond the agreed limited number specified herein. (2) The Producer shall not hold Equity auditions and/or readings on any day when an Equity membership meeting is scheduled, provided that Equity notifies the Producer in advance of such meeting. (3) For productions in which singing or dancing will be required, the Producer shall provide a piano and accompanist who can sight-read music. (4) A waiting area with a reasonable number of seats shall be available to the performer one hour prior to the beginning of the announced audition time. (5) If wearing dance clothing is required, separate change facilities (not lavatories) for men as well as for women shall be made available to performers one hour prior to the beginning of the announced audition time. Clothing requirements, if any, shall be included in audition notices. (6) The audition space, waiting area and change facilities shall be maintained at adequate temperatures. (7) When Equity auditions are conducted in a city in which Equity maintains an office, an Equity monitor shall be present to organize and run the Equity auditions at no cost to the Producer. The Equity monitor shall not unnecessarily interrupt or delay the audition. (8) The Producer shall provide liability insurance for all performers at auditions. (9) A copy of this Audition Rule shall be posted and/or made available by the Equity monitor at the place of Equity auditions. 5

10 (10) All audition notices shall state whether smoke and fog, strobe lights or stage fighting shall be utilized and whether vocal amplification will not be used. (11) An ample supply of pure, cool, drinking water, and cups, where needed, shall be provided at no charge to the Actor. (12) Restrooms shall be available throughout the times of required auditions. Access to these facilities must be separate from the room in which auditions are being held. (D) Equal Employment Opportunity. (1) Affirmation. The parties hereto affirm their commitment to a policy of equal employment opportunity designed to promote a positive model of diversity and the elimination of discrimination in theatre. The Producer agrees that the casting of all productions and the hiring of Stage Managers will be conducted in such a manner as to provide full and fair consideration to Actors of all ethnicities (including but not limited to African-American, Asian/Asian-Pacific American, Hispanic-American, Native American, multi-cultural), sex, gender identity and/or expression, women, seniors, and Actors with disabilities. Unless otherwise textually indicated, all parts/roles shall be open to all Actors without prejudice, and further there will be active solicitation of Actors of all ethnicities (including but not limited to African-American, Asian/Asian-Pacific American, Hispanic-American, Native American, multi-cultural), sex, gender identity and/or expression, women, seniors, and Actors with disabilities. This shall be evident in all casting notices, calls and cast breakdowns in order to ensure full participation in the casting process. (2) In addition, the Producer and Equity shall encourage multi-ethnic/multi-cultural productions and the use of a flexible and imaginative casting policy known as "non-traditional casting." Non-traditional casting is for the purpose of increasing employment of ethnic minorities, women, seniors, performers with disabilities, as well as the casting of such performers in roles for which race, sex, gender identity and/or expression, age and presence or absence of a disability is not germane to either the play or the character s development. (3) Non-traditional Casting. (a) In furtherance of the commitment to equal employment opportunity in the Theatre for Young Audiences industry, each Producer accepts the obligation to ensure opportunities for hiring ethnic minorities, women, seniors and performers with disabilities throughout the term of this Agreement. (b) With awareness of the special role youth-oriented theatre must play in shaping attitudes by reflecting a multi-ethnic/multi-cultural society, the Producer will encourage increased non-traditional casting opportunities (as defined above) in all productions. (c) The Producer agrees to encourage all Directors, Choreographers, and Casting Consultants in the Producer s employ to cast in accordance with the policy outlined in 6(D) Furthermore, the Producer will provide a copy of this rule to all Directors, Choreographers, and Casting Consultants. (d) Any claimed violation of this clause shall promptly be submitted for settlement to a joint Equity-Producer Board of Review comprised of two members appointed by Equity and two members appointed by the Producer. (e) The performer or applicant shall submit to Equity any claimed violation of these provisions following the alleged discrimination. Equity shall send written notice thereafter to the Producer. The Board of Review shall be convened immediately thereafter. 6

11 (f) In the event a settlement or resolution of the dispute satisfactory to both Equity and the Producer cannot be achieved, the claim shall be submitted to arbitration in accordance with the arbitration provisions of this Agreement. The arbitrator may provide such remedies as he deems appropriate. (4) All audition material provided by the Producer shall, upon request, be made available at a place to be designated by the Producer at least 48 hours in advance of the audition to blind and visually impaired performers. (5) Performers with Disabilities. (a) When a role to be cast depicts a person with a specific disability, the Producer shall include this in the casting specifications and, at the same time, notify Equity of such so that performers with similar disabilities shall be informed and given the opportunity to audition for the role. (b) When a deaf performer is sought or a deaf character is being cast, the Producer shall provide, during the audition, a certified interpreter for the deaf (or, in states where no certification exists, an interpreter qualified in sign language or oral interpretation). (c) All audition material provided by the Producer shall be available, upon request, at a place to be designated by the Producer at least 48 hours in advance of the audition of performers who are blind or have low vision. (d) When auditions are held in premises that are not architecturally accessible, the Producer, upon notification by either Equity or a performer with a disability who wishes to audition, shall arrange for an appropriate audition facility. (6) Discrimination. (a) The Producer shall not discriminate against any performer because of race, color, creed, age, disability, national origin, sex, gender identity and/or expression, sexual orientation or political persuasion or belief. (b) The performer shall not be permitted to perform in any theatre or other place of performance where discrimination exists on the basis of race, color, creed, national origin, sex, gender identity and/or expression, disability, age, sexual orientation or political persuasion or belief against any actor or against any patron as to admission to or seating in such theatre or other place of performance. Equity, not the individual Actor or company, shall determine whether discrimination exists at the place of performance. (7) Records. (a) Equity will maintain records of ethnic minorities, women, seniors and performers with disabilities who audition at all required audition calls held in cities where Equity maintains an office. (b) The Producer will maintain records of ethnic minorities, women, seniors and performers with disabilities auditioned at all non-required and/or local auditions and will forward such records, including information on actors hired, to Equity no later than thirty days after the end of the season. 7. BEREAVEMENT. Actors shall be entitled to up to three days of paid leave to attend the funeral of a member of the Actor s immediate family, which shall include spouse, parents, siblings, children, grandparents, mothers/fathers/sisters/brothers in-law, domestic partners and spousal equivalents. Upon request for such leave, the Actor shall provide the name and relationship of the deceased. The Actor may be required to provide documentation upon return. 7

12 8. BILLING. (A) Picture Credit. Actors must receive picture credit on all brochures and promotional material when the Producer is the Sponsor or when the Producer has control. When the Producer is not the Sponsor or has no control, the Producer must transmit to the Sponsor properly labeled pictures and instruct the Sponsor to utilize only those pictures for purposes of duplication. If there are any inaccurate picture credits when published by the Sponsor, the Producer is liable for the payments in (D) below if the Producer transmitted inaccurate picture credits to the Sponsor or failed to give written instructions to the Sponsor. (B) Actor's Permission for Use of Name and/or Picture. (1) The Actor's permission must be gained in writing at the time of signing a contract for the use of his name and/or picture in advertising, brochures, promotional pieces, published or recorded material. (2) Such written permission once obtained is valid for three consecutive seasons, including the season in which the photos are taken. (C) Promotional Material. (1) For the purposes described herein the word "promotional" applies to promotion by the Producer for any current or future production in which the producing unit may be involved or any publicity in connection with Theatre for Young Audiences productions which the Producer controls. (2) Each season the Producer shall file with Equity an individually dated copy of all brochures and an individually dated copy of each piece of promotional material. All Actors shall be identified and photos used in said material shall be separately and individually dated. (D) Violations. The Producer shall pay each Actor involved $25.00 each time a violation of Rule 8 occurs. 9. BINDING EFFECT OF AGREEMENT. Agreements between Producers and so-called "Sponsors", Casting Consultants, Agents, or Producer's representatives shall in no way limit or reduce the Producer's liability or responsibility to fulfill all terms and conditions of Equity contracts to which the Producer is a signatory. All contracts signed pursuant to these Rules are binding upon not only the signers noted on the face thereof, but upon any and all corporations, co-partnerships, enterprises, and/or groups which said signers individually or collectively control, and are hereby agreed to be adopted as their contracts by each of them. 10. BLACKLISTING. Both the Producer and Equity pledge to prevent blacklisting. Opposition to blacklisting is not a controversial issue between the Producer and Equity. 11. BREACHES BY PRODUCER. It shall be considered a breach of this Agreement should the Producer: (A) Breach an individual contract of employment or any part thereof; (B) Breach or fail to abide by or conform to any rule which is a part of the employment contract of any Actor; (C) Make any false statement in connection with any employment or security agreement; 8

13 (D) Employ or have employed any Actor under any form of contract other than a standard form; (E) Be in default as to any employment contract with any Actor, or breach any such employment contract, past or present; (F) In the future, breach any such employment contract; (G) Fail to give or deposit security at the time and in the form and amount required by Equity; or (H) Otherwise breach or fail to live up to any contract of employment or Equity rule. (I) Should any situation arise in which, because of the act of the Producer or the Producer's fault or default, the Actor is released from his obligation to work, the Producer agrees to pay the Actor, as liquidated damages, a sum equal to the Actor's contractual salary not to exceed one week's standard minimum salary under a Weekly Contract. This provision shall apply regardless of whether an Actor is employed under a Weekly or Per Performance Contract. In addition thereto, Equity or the Actor, Equity consenting, may terminate the Actor's employment and the Actor shall be released from his obligation to render services to the Producer. The Producer agrees to pay the Actor in full for all services rendered by the Actor plus any other sums to which the Actor may be entitled by contract or by this Agreement. Disputes as to the applicability of the foregoing paragraph shall be subject to the arbitration clause of this Agreement and neither Equity nor the Actor may finally determine any questions of violation or breach on the part of the Producer, except as to the violations of (D) and (G) above. In the event of the Producer's breach of (D) or (G) above, Equity may intervene, without penalty to itself, and require the Actor to perform or rehearse or not perform or rehearse under such terms and conditions as Equity may consider just and equitable. 12. CHORUS: ADDITIONAL COMPENSATION PROVISIONS (A) Weekly Contract. If a Chorus Actor employed under a standard Weekly Contract is assigned to sing a song, perform a dance, speak lines or play a part that is individual in its character, the Chorus Actor shall be paid no less than $10.00 for each such assignment per week in addition to contractual salary. (B) Per Performance Contract. If a Chorus Actor employed under a Per Performance Contract is assigned to sing a song, perform a dance, speak lines or play a part that is individual in its character, the Chorus performer shall be paid no less than $4.50 for each such assignment per performance in addition to contractual salary. (C) Chorus Understudying a Principal Role. (See Rules 65 & 76, UNDERSTUDIES.) 13. CLAIMS. (A) Waiver or Release Not Permissible. Upon any claim of the Actor arising under the Actor's Agreement through any breach thereof, no receipt, waiver, release or adjustment by the Actor is of any validity whatsoever, unless Equity consents in writing and the Producer, by agreeing to this Rule, agrees not to seek or solicit any such waiver, release, or settlement, nor offer the same in any arbitration or any proceeding in court unless Equity specifically consents in writing. In no case shall claims of Actors under employment contracts be handled or enforced by agents or attorneys of Actors unless same are consented to by Equity in writing. (B) Time Limit in Lodging. Should the Actor deem that there is any claim against the Producer under the Actor's contract, said Actor shall present the same to Equity and the Producer within four weeks after the time when such claim shall have arisen unless the Actor shall give to Equity or to the Board of Arbitration a good and sufficient reason for any delay after the four-week period. 9

14 14. CONTINUOUS EMPLOYMENT. Continuous employment of the Actor is of the essence of all employment contracts. Employment thereunder shall begin on the date of the beginning of rehearsals and shall continue until terminated, as herein provided, and not otherwise. All calculations of sums due or benefits accruing to the Actor shall be computed on the basis of consecutive rehearsals and consecutive employment. 15. CONTRACT. (A) Filing Contract. No Actor may begin employment unless a standard form contract has been filed with Equity. (See (E) below.) (B) Determination of Classification. Equity has the sole right to determine whether an individual is correctly classified as a Principal, Chorus, Stage Manager or Assistant Stage Manager, and the Producer agrees that Equity's determination shall be final. (C) Signing of. Unless contracts are signed concurrently, they must be signed by the Producer first. (D) Changes and Alterations. The Actor has no right or power to waive any of the minimum conditions set forth in the employment contract or these Rules without the written consent of Equity. Unless any and all riders, changes, alterations, waivers or substitutions from or under these Rules made prior to, when or after the contract of employment is made have been consented to by Equity in writing, such riders, changes, alterations, waivers, substitutions or any part thereof are void at the option of the Actor, Equity consenting. It shall be the duty of the Producer, not the Actor, to submit proposed changes to Equity for its written approval by a duly authorized representative. At the option of Equity, no such riders, changes, alterations, waivers or substitutions shall be admitted in evidence in any arbitration or by any tribunal for the disposition of any claim without the written consent of Equity. Any Producer to whom a concession has been granted in writing prior to the signing of contract(s) shall attach said concession as a rider to each individual contract. Said concession shall be null and void if the provisions contained herein are not adhered to. The Producer agrees that all blanks, including name of play, date of first rehearsal, opening date and salary, will be filled in, in writing, before signing or delivery. (E) Quadruplicate Contracts. (1) Immediately after entering into any employment contract, the Producer shall file with Equity an exact copy thereof no later than the first day of employment. Barring extenuating circumstances, should the Producer not file said contract and/or applicable riders by the date of the first public performance or the detailed performance schedule rider prior to the eight days before the applicable performance date (see Rules 60(A) and 72(A)), the Producer shall pay to Equity, as liquidated damages, the sum of $5.00 per week or part thereof, for each such late document, and the Actor may at any time, Equity consenting, terminate his contract without notice. In addition, the Producer shall pay to the Actor the amount to which the Actor may be entitled under the Rules for a breach thereof. (See Rule 11, BREACHES BY PRODUCER and Rule 45, SALARY.) (2) Immediately after entering into any rider to an employment contract, the Producer shall file with Equity an exact copy thereof. If said rider is not filed immediately, the Producer shall be liable for the same liquidated damages referred to in (1) above. (F) Attempted Breach. No Actor shall agree with a Producer, employment agent, personal representative or other Actor, and no Producer shall agree with any Actor, employment agent or personal representative to cause, or attempt to cause, or agree to permit any breach of any term of any employment contract. 10

15 Should any Actor engage in such conduct, the Actor shall be subject to such disciplinary action as Equity may determine. Should any Producer be found by an arbitration tribunal (such tribunal may be defined as an Equity-Producer board of review) to have engaged in such conduct, said Producer agrees that such conduct shall be a breach of the Producer's contract with the Actor, entitling any such Actor to recover from the Producer, Equity consenting, a sum equal to two weeks' contractual salary under the Weekly Contract as liquidated damages, no present basis of calculation existing. This provision shall apply regardless of whether the Actor is employed under a Weekly or Per Performance Contract. The Producer further agrees that upon such breach, the Producer's name may be posted on the Defaulting Producer's List at Equity. In the event of a recovery of liquidated damages by or on behalf of the offending Actor, the same shall be paid into the Actors' Equity Foundation, Inc. 16. COSTUMES. (A) Clothing. All clothing shall be supplied by the Producer and shall be cleaned before issued. (B) Prior to any activity that requires knee and elbow pads and protective clothing, the Producer shall furnish properly fitted (i.e. small, medium or large) items, which shall be properly laundered, sanitary and in good repair, for the exclusive use of the Actor for all rehearsals and performances. For choreography that requires knee work, (e.g. knee drops, knee slides, knee turns, knee crawls, etc.), the Producer shall furnish new kneepads to each Actor involved in such staging. (C) Shoes. (1) The Producer shall provide properly fitted footwear which, if for dancing, shall be new. All other footwear shall be clean, sanitary, and in good repair. (2) The Producer shall provide properly fitted professional dance shoes for all members of the company who are required to dance. Dance shoes may represent the period of a production or nature of a specific character (e.g. sneakers in WEST SIDE STORY, athletic shoes in DAMN YANKEES) which must conform to the appropriate style of the movement. All footwear shall be of suitable construction for dancing when used for Theatre Dance Movement. Professional dance shoes are not required for normal ballroom dancing or where there are minimally choreographed movements. The Producer shall provide professional dance shoes at least one week prior to dress rehearsal. The Producer shall furnish pointe shoes with ribbons for all rehearsals and performances requiring pointe shoes. The Producer shall furnish at least one pair of pointe shoes for each member of the cast called upon to dance in pointe shoes. New pointe shoes shall be provided sufficiently in advance of their use to allow the Actor adequate time to break in the shoe. Shoes for dancing shall be rubbered and braced and shall be repaired or replaced whenever necessary. (3) Principal Actors and Singing Chorus. Such performers shall be supplied with shoes that are clean, sanitary, in good repair, conform to specified size or fit and conform to the performer's individual style and technique and the needs of the choreography involved. If such a performer requests a non-skid applique, it will be provided and affixed to the shoes by the Producer. If such a performer is required to execute extensive technical choreography, the Producer shall supply shoes according to those requirements stipulated for the Dancing Chorus in (2) above. 11

16 (D) Skin Parts. The Producer shall supply the Actor with three sets of "skin parts," including all character stockings, shirts, undershirts, removable dress shields, tights and leotards, which shall be clean, in good repair and dry for each performance in a given day. All such skin parts, excluding conventional underwear, shall be laundered by the Producer no less than every four days or at the end of six performances, whichever comes first. However, companies performing at the same site for four days or more shall launder skin parts daily. (E) Cleaning. (1) All costumes exclusive of skin parts shall be cleaned as the need arises but in no event later than two weeks or 18 performances, whichever comes first. No Actor, Equity consenting, shall be required to perform in a costume that has not been cleaned in accordance with the Rules herein. (2) The Producer shall be responsible for the repair, maintenance, dry-cleaning and laundering of all costumes, including rented items that are received clean and in good repair. (F) Rental. (1) Clothing Other Than Shoes. (a) Actors are not required to use their own wardrobe in a production. If Actors are requested to use their own wardrobe in a production, it shall be considered a rental and it shall be paid for in accordance with the chart below for each week or part thereof. Blouses $1.00 Dance Shoes Professional Jazz Shoes $5.00 Character Shoes $5.00 Tap Shoes $5.00 Pointe Shoes $5.00 Dance Boots $5.00 Boots $3.00 Shoes / Sneakers $3.00 Evening Gown $6.00 Ensemble (Complete Outfit) $9.00 Dress $1.50 Hat $1.00 Jeans $1.00 Shirt $1.00 Shorts $1.00 Skirt $1.50 Slacks $1.50 Suit $6.00 Suit Jacket $2.00 Sweater $1.00 Tie $.50 Slip $1.00 Bra $1.00 Nightgown $1.00 Topcoat $2.00 Overcoat $2.00 Raincoat $2.00 Bathing Suit $1.00 Wigs and Hairpieces $

17 (b) The Producer shall be responsible for dry-cleaning or laundering all rented costume items during the term of the rental and at the end of the run. (2) Shoes. The Actor who rents shoes to the production shall be paid no less than $3.00 for each pair of shoes per production for each week or part thereof. (3) Dance Shoes. The Actor who rents dance shoes (professional jazz shoes, character shoes, tap shoes, pointe shoes dance boots) to the production shall be paid no less than $5.00 for each pair of dance shoes per productions for each week or part thereof. (4) Rider. The terms of such rental agreement shall be attached as a rider to the Actor's contract at the time such rental is mutually agreed upon. (5) Emergency Costume Rental. If, in an emergency (i.e., loss, theft, damage.) costume rental is necessary, Producer may rent such costumes from the Actor at no less than $2.00 per costume or part thereof for a period of no longer than 48 hours. After 48 hours, the rates outlined in (1)(a) above shall apply. (G) Hair Style and/or Color. (1) Color. The Actor shall not be required to change hair color to one different from that at the time of hiring, unless agreed to in writing at the time of contract signing. The Producer shall pay for the cost involved in the change and its upkeep during the run of the engagement. At the close of the engagement, the Producer shall pay for the expense involved in the restoration to the original color. (2) Style and/or Cut. The Actor shall not be required to cut his hair in a manner that changes his hair style or to shave his head, beard, mustache or sideburns, unless agreed to in writing at the time of contract signing. If the Actor does so agree, the Producer shall pay for the cost involved in the change and its upkeep during the run of the engagement if said cost is extraordinary for the individual. (3) Wigs. If the Actor is required to wear a wig or any other hairpiece, it shall fit properly and, whenever possible, be new. If not new it shall be cleaned professionally before the Actor is required to wear it. All wigs and/or hairpieces shall be maintained by the Producer whenever necessary. (H) Costume Calls. (See Rules 57and 67, COSTUME CALLS.) 17. DANCE CAPTAINS. The Producer will notify Equity, on the Producer s Questionnaire and prior to bonding, the intent to do a musical or a play with music. Whenever a Choreorgrapher or Director/Choreographer is hired, the producer and Equity will jointly determine the requirement of a Dance Captain, who will be paid from the first day of rehearsal. An Actor on a weekly contract performing the services of Dance Captain shall be paid an increment of no less than 5% of applicable minimum salary in addition to contractual salary. An Actor on a Per Performance contract performing the services of Dance Captain shall be paid an increment of no less than 9% of the applicable rehearsal or Per Performance minimum salary in addition to contractual salary. Provision for payment shall be included in a rider to the Dance Captain's contract. The Dance Captain s rehearsal hours shall not exceed the maximum hours set forth in Rules 62(A),(B),(C) and (I) or 74(B), 74(C) and (D) without incurring overtime. All provisions for breaks, rest periods (including overnight rest) as provided in Rules 63 or 75 REST PERIODS shall apply. The Stage Manager is prohibited from functioning as Dance Captain. 13

18 18. DEFAULTING PRODUCERS. Any Producer engaging any Actor represents that such Producer is not in default under any agreement with Equity at the time of such engagement and that no contract has been entered into between said Producer and Equity or any Actor, any breach of which remains unsettled or unliquidated. No Actor shall work or be required by any Producer, without the consent of Equity, to work for any person, co-partnership, corporation, enterprise or group which has failed to abide by any arbitration award or, where permitted herein, any final determination of the Equity Council, or which, through failure to meet past obligations to Equity, has been placed on Equity's Defaulting Producers list, nor shall any Actor work for or be employed by anyone who is or has been connected, either as an individual proprietor, general partner, associate producer, corporate director or officer or active stockholder with any defaulting Producer so specified, without the consent of Equity. Should a Producer remain in default of salaries or other monies due an Actor for a period longer than one year, the Producer agrees that 5% interest, compounded annually, beginning one year after the default and ending when the claim is paid, shall be added to and payable as part of said claim. If an Actor is adjudged by Equity or an arbitrator to be in default to a Producer, interest will accrue on said default in the same manner as indicated above. 19. DEFINITIONS. (A) Theatre for Young Audiences ( TYA ). (1) Productions Covered Under This Agreement. (a) Productions Expressly Written for Young Audiences (i.e., productions of plays or material expressly written, created or adapted to be performed for young audiences up through and including the high school level). (b) Productions Adapted From Adult Material (i.e., plays or material originally created and/or performed for adults that have been adapted and/or performed for young audiences). (1) Performances of such material may not begin after 7:00 p.m. (2) Such material shall be advertised in all brochures and promotional literature as a "Production Adapted for Young Audiences. (3) Under no circumstances may a performance of adult material be given on a TYA contract in a Production Contract House. (See Rule 39(D) PRODUCTION CONTRACT HOUSES.) (2) Length of Performance. The total length of performance, including intermission(s), shall be no longer than 2 hours. (See Rules 59(B) & 71(C) Length of Performance. & Rule 5 ARTIST-ACTIVITY.) (3) Equity's Right of Determination. Equity reserves the right to determine where and when the Agreement and Rules Governing Employment in Theatre for Young Audiences' productions shall apply. Such determination shall not be unreasonably made. (B) Actor. The term "Actor" as used in this Agreement shall refer to and include persons who are employed under Equity contract, including Principals, Chorus, Understudies, Stage Managers and Assistant Stage Managers. (C) Actors With Disabilities. For the purposes of this Agreement, an actor with a disability shall be defined as an actor with a condition which substantially impairs or restricts his ability to perform one or more major life activities, including, but not limited to, walking, seeing, hearing, speaking and performing manual tasks. 14

19 (D) Artist-Activity. (See Rule 5(B) ARTIST ACTIVITY) (E) Audience. Primary audiences under this contract shall be young people of high school age and under, their families, faculty, official Sponsors and/or institutional staff. (F) Audition. (See Rule 6 AUDITIONS) (G) Chorus. The terms "Chorus," "member of the Chorus," "Actor engaged under a Chorus contract" and "Chorus Actor" shall include any individual engaged under a Chorus contract and/or actually performing Chorus work, as may be determined by Equity. (H) Employer. Employment by the Producer or operation of a company or companies by the Producer, as such phrases are used in employment contracts, shall include employment or operation by the Producer alone or by any corporation or management, corporate or otherwise, which the Producer controls or directs or in which the Producer has an interest either alone or in association with others. (I) Point of Organization. The term Point of Organization shall be defined as the Equity office city (New York, Chicago, or Los Angeles) in which the Actors' contracts for that production are on file. (J) Principal Actor. The term "Principal Actor" shall include all Actors engaged under Equity contracts other than those engaged on Chorus contracts and/or engaged to perform Chorus work. (K) Resident Theatre Production. (See Rule 66, DEFINITION.) (L) Season. The term season shall be defined as September 1 st through August 31 st. (M) Stage Manager. The term "Stage Manager" shall mean any individual engaged under contract as a Stage Manager or an Assistant Stage Manager. (N) Workweek. A workweek or week shall be defined as Monday through Sunday. 20. DEPUTIES AND REPRESENTATIVES. (A) Deputies. (1) Permitted. Deputies of Equity shall be permitted in each company. Whenever a Chorus Actor is employed, there shall be a Deputy for Chorus Actors in addition to a Deputy for Principal Actors. (See Rule 24(E) EQUITY: SPECIAL PROVISIONS.) (2) Election of. Deputies must be elected and functioning at all times in each company. At the discretion of the Stage Manager, the Deputy election shall take place no earlier than the end of the first day of rehearsal, but in no event later than the beginning of the fourth day. The rehearsal day shall be extended by the amount of time used for the election of the Deputy. (3) Deputy Log. The Deputy shall keep a log of all rehearsal, performance and travel time on a form provided by Equity for the purpose of computing overtime. (B) Representatives. (1) Duly authorized representatives of Equity shall have free access to the stage and to all Actors at all times, including auditions, rehearsals and performances. Said representatives will not unnecessarily interrupt or hold up any auditions, rehearsals or performances. (See Rule 24(E).) (2) Equity may represent Actors in any dispute which may arise with the Producer. 15

20 21. DISCRIMINATION FOR UNION ACTIVITY. The Producer shall not dismiss or otherwise penalize any Actor for fulfilling duties or obligations as an Equity member. (See also Rule 54(F) TERMINATION.) In the event the employment of an Actor is terminated, the Producer shall furnish the reasons for this termination to both the Actor and Equity simultaneously at the written request of the Actor who has been dismissed. Any Equity member who claims that the Producer has given notice or has been otherwise penalized for fulfilling duties as an Equity member may present his case to Equity, which shall give the Producer an opportunity to be heard if the Producer desires to take advantage of this opportunity. If Equity is satisfied that such union activities are the real cause of dismissal or of any penalty, it may permit the Actor's claim to be arbitrated and shall have the power to determine the character and the amount of the claim to be submitted. It is further agreed that if upon arbitration the claim of the Actor is sustained, the arbitrator, in his discretion, shall have the right to impose a penalty in an amount he determines. If the Actor's claim is sustained, the Actor shall also be reinstated with back pay from the date of dismissal to the date of reinstatement. 22. DUTIES OF THE ACTOR. (A) The Actor agrees to: (1) Be prompt at rehearsals and to attend all rehearsals as required; (2) Appear at the theatre no later than one half-hour prior to the performance; (3) Pay strict regard to make-up and dress; (4) Perform services as reasonably directed and to conform to the language of the script to the best of Actor's ability; (5) Properly care for costumes and props; (6) Respect the physical property of the production and the theatre and to abide by all reasonable rules and regulations of the Producer which are not in conflict with Equity rules; and (7) Refrain from using or being under the influence of alcoholic beverages and/or illegal drugs during rehearsals, half hour, performances and/or while traveling in the Company Vehicle. (B) Violations. Repeated lateness or other infractions of the Equity rules and/or terms of this Agreement shall subject the Actor to immediate disciplinary proceedings in accordance with the Constitution and By-Laws of Equity. (C) Latenesses. (1) In the event the Actor is late without good and sufficient cause on more than two occasions for rehearsal, the travel call and/or the half hour call for performance, the Producer may reduce the Actor s salary by $25.00 for the third lateness and each such lateness thereafter. The Producer agrees to forward the lateness penalty to the Actors Equity Foundation. (2) In the event the Producer determines that an Actor s salary should be reduced, the Actor must receive written notification, with a copy to Equity, within two business days of the lateness. The Actor may appeal the determination in writing to the Producer, with a copy to Equity, within two business days of receipt of the Producer s notice. If the matter cannot be satisfactorily resolved informally among the Actor, the Producer, PLOTYA and Equity, the matter will be resolved in accordance with the procedures set forth in Rule 4, ARBITRATION. 16