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2. theatre

Actors’ Equity Association
AGREEMENT AND RULES
GOVERNING EMPLOYMENT
UNDER THE
WESTERN CIVIC LIGHT OPERA (WCLO)
AGREEMENT
Effective Date: May 31, 2010
Expiration Date: May 25, 2014
NATIONAL OFFICE
165 West 46th Street
New York, NY 10036
(212) 869-8530 phone
(212) 719-9815 fax
HOLLYWOOD OFFICE
6755 Hollywood Boulevard, 5th Fl
Hollywood, CA 90028
(323) 978-8080 phone
(323) 978-8081 fax
CHICAGO OFFICE
125 South Clark Street, Suite 1500
Chicago, IL 60603
(312) 641-0393 phone
(312) 641-6365 fax
ORLANDO OFFICE
10319 Orangewood Boulevard
Orlando, FL 32821
(407) 345-8600 phone
(407) 345-1522 fax
www.actorsequity.org
TABLE OF CONTENTS
RULE
PAGE
1.
ACTOR'S OBLIGATION TO EQUITY ..................................................................... 5
2.
AGENTS .................................................................................................................. 6
3.
ALIENS .................................................................................................................... 6
4.
ARBITRATION ........................................................................................................ 6
5.
AUDITIONS AND INTERVIEWS.............................................................................. 7
6.
BAGGAGE............................................................................................................. 13
7.
BILLING................................................................................................................. 13
8.
BINDING EFFECT OF AGREEMENT ................................................................... 14
9.
BLACKLISTING .................................................................................................... 14
10.
BREACHES BY PRODUCER ............................................................................ 15
11.
CLAIMS.............................................................................................................. 16
12.
CLOTHING AND COSTUMES........................................................................... 16
13.
CONTINUOUS EMPLOYMENT ......................................................................... 19
14.
CONTRACT ....................................................................................................... 19
15.
DANCE CAPTAIN .............................................................................................. 21
16.
DEFAULTING EMPLOYERS ............................................................................. 21
17.
DEFINITIONS..................................................................................................... 22
18.
DISABILITY LEAVE ........................................................................................... 23
19.
DISCRIMINATION FOR UNION ACTIVITY........................................................ 23
20.
DUTIES OF THE ACTOR .................................................................................. 24
21.
EQUITY - SPECIAL PROVISIONS..................................................................... 25
22.
EXCLUSIVE SERVICE OF THE ACTOR........................................................... 26
23.
EXTRAS ............................................................................................................. 26
24.
FORMS............................................................................................................... 26
25.
HEALTH FUND .................................................................................................. 27
26.
HOUSING........................................................................................................... 27
27.
INJURY AND SUPPLEMENTAL WORKERS’ COMPENSATION ..................... 29
28.
JUVENILE ACTORS .......................................................................................... 29
29.
LAWS GOVERNING .......................................................................................... 30
30.
NON-DISCRIMINATION..................................................................................... 30
31.
NON-PROFESSIONALS.................................................................................... 30
32.
NON-TRADITIONAL CASTING ......................................................................... 32
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33.
NO STRIKE OR LOCK-OUT.............................................................................. 32
34.
NUDITY .............................................................................................................. 33
35.
PENSION AND 401(K) PLAN ............................................................................ 33
36.
PERFORMANCE LOST ..................................................................................... 34
37.
“PRE-BROADWAY”/PRODUCTION TRYOUTS............................................... 34
38.
PRODUCTION PROSECUTED.......................................................................... 35
39.
PROGRAM AND SOUVENIR PROGRAM ......................................................... 36
40.
PROPERTY........................................................................................................ 38
41.
RECORDINGS (USE IN PRODUCTION) ........................................................... 39
42.
REHEARSAL, PERFORMANCE, AND OTHER WORK RELATED RULES ..... 40
43.
REOPENING OF A PLAY .................................................................................. 46
44.
REPLACEMENT OF THE ACTOR .................................................................... 46
45.
REPORTS .......................................................................................................... 46
46.
RISK ................................................................................................................... 47
47.
SAFE AND SANITARY PLACES OF EMPLOYMENT....................................... 48
48.
SALARIES.......................................................................................................... 53
49.
SECRET VOTE .................................................................................................. 57
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50.
SECURITY AND SECURITY AGREEMENTS.................................................... 57
51.
SET MOVES....................................................................................................... 58
52.
SICK LEAVE, ILLNESS, BEREAVEMENT, AND PARENTAL LEAVE ............. 58
53.
SOCIAL SECURITY - UNEMPLOYMENT INSURANCE.................................... 59
54.
STAGE FIGHTING ............................................................................................. 60
55.
STAGE MANAGERS AND ASSISTANT STAGE MANAGERS......................... 61
56.
SUBSIDIARY RIGHTS ....................................................................................... 65
57.
TELEVISING, FILMING AND RECORDING ...................................................... 65
58.
TERMINATION................................................................................................... 73
59.
TOURS............................................................................................................... 76
60.
TRANSFERS...................................................................................................... 80
61.
TRANSPORTATION TO AND FROM ENGAGEMENT ..................................... 81
62.
UNDERSTUDIES ............................................................................................... 83
63.
UNION EMBLEM................................................................................................ 84
64.
UNION SECURITY/DUES AND FEES ............................................................... 84
65.
VACATIONS....................................................................................................... 85
66.
VOLUNTARY CLASSES ................................................................................... 85
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AGREEMENT
made between Actors' Equity Association (hereinafter called “Equity”)
and Western Region Community Non-Profit Musical Theatres (hereafter called
“Producer”) operating under the Western Civic Light Opera Agreement (hereafter
called “WCLO”).
THEREFORE, it is mutually agreed as follows:
RECOGNITION
The Producer agrees to recognize Actors' Equity Association as the exclusive
bargaining representative of all the Actors (Principals, Chorus and Extras), 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 EMPLOYMENT
1. ACTOR'S OBLIGATION TO EQUITY
(A) Nothing contained in any employment contract signed by any member of Equity
shall be construed so as to interfere with the carrying out of any obligation which a
member owes to Equity by virtue of such 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 it has notice:
(1) That the Associated Actors and Artistes of America is a voluntary
Association (hereinafter referred to as the 4-A’s) and is subject to the
Constitution, By-Laws, rules, regulations and orders of the American
Federation of Labor-Congress of Industrial Organizations (hereinafter referred
to as AFL-CIO), from which it derives its charter.
(2) That Equity deriving its charter from the 4-A's is in turn subject to the
Constitution, By-Laws, orders, rules and regulations of the 4-A's and the AFLCIO.
(3) That the Actor is directly subject to the Constitution, By-Laws, rules,
regulations and orders of the 4-A's, and the Producer agrees that it will not
require the Actor to do any act or thing forbidden by the Constitution or ByLaws of the 4-A's or by its rules, orders or regulations.
(4) Contracts of employment shall be subject to all such rules and regulations.
(C) Nothing contained in this rule shall, however, require the Producer to take any
action which is not legally permissible, or permit Equity to change, modify, amend,
supersede or impose any conditions or obligations upon the Producer which are not
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specifically set forth in the WCLO Agreement or in any of the individual agreements
made with Actors consistent herewith.
2. AGENTS
(A) Equity Franchise Required. The Producer has notice that if the negotiation for, or
the obtaining of this contract by, the Actor is through any employment agent or
personal representative not holding an Equity Franchise, or one whose Franchise is
not in good standing, the Actor is liable to suspension or other disciplinary action.
(B) Commissions. Should the Producer contact the Actor directly and agree with the
Actor as to the salary and role, the Producer shall not directly or indirectly require an
Agent to intervene to complete the engagement or require the Actor to sign the
contract at or through an Agent's office. Any such Agent so engaged does not
represent the Actor, and should such Agent make a claim for commission, the Actor
will notify the Producer accordingly, and the Producer agrees to indemnify the Actor
and hold him harmless from any such claim.
(C) Chorus Commissions Prohibited. Actors engaged under a Chorus contract or
performing as Chorus shall not pay commissions to any Agent, except in accordance
with the existing Equity Agency Regulations.
3. ALIENS
Non-resident aliens may not be employed without the express consent of Equity.
4. ARBITRATION
Any controversy arising from the application or interpretation of this Agreement or
affecting the relationship between any Actor and the Producer, or Equity and the
Producer, including disputes as to the existence or validity of any employment
contract, shall be submitted to arbitration in accordance with the Voluntary Labor
Arbitration Rules of the American Arbitration Association to be held in Los Angeles
County.
The following permanent panel of Arbitrators shall be maintained to hear Arbitrations
hereunder:
Edgar A. Jones
Howard Block
George Marshall
Fredrick Horowitz
Mark Burnstein
Louis Zigman
Anita Christine Knowlton
Selection shall be made in accordance with their ability to provide the earliest dates
agreeable to the parties or necessary to obtain the expedited arbitration provided
herein. If the availability of the arbitrators is equal, the American Arbitration
Association shall have authority to appoint any one as arbitrator.
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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.
Mutual expenses of the arbitration, including, but not limited to, filing fees, the
compensation of the arbitrator, and the cost of the room will be equally shared 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. The issue of "best efforts" shall
not itself be arbitrable.
Should the Producer dispute a ruling by Equity, it must demand arbitration within two
weeks of notice to it of said ruling. Failure to do so constitutes agreement with said
ruling and an acknowledgment that Equity may deduct any monies due as a result of
said ruling from any security posted with Equity by the Producer. The Producer
further agrees to replace said amount deducted immediately upon demand by
Equity.
Equity shall act on behalf of the Actor in any arbitration proceedings in accordance
with Equity's Constitution and By-Laws; and, no Actor is authorized to commence
any arbitration proceeding except with the consent of Equity.
Producer shall supply Equity with and keep current its local address, and agrees that
valid and effective service of all documents initiating the Arbitration, service of all
documents during the Arbitration, serving of the Award itself, and serving any
document or pleadings in a court proceeding relating to the Arbitration or the Petition
and the order Confirming an Arbitration Award may be had by placing a true copy
thereof enclosed in a sealed envelope with postage thereon fully prepaid, in the
United States mail directed or addressed to said address as last stated to the Equity
office by the Producer or to its last known business address on file at the Equity
office by certified mail.
5. AUDITIONS AND INTERVIEWS
(A) General Provisions.
(1) The Producer shall hold Principal auditions or interviews, Stage Manager
interviews, and, for productions utilizing Chorus, Chorus auditions. The
following conditions shall apply:
(a) Among the auditions or interviews held, there shall be auditions or
interviews for Equity performers;
(b) The Producer is under no obligation to hire any person pursuant to any
Principal interview or audition procedures including the procedures for
Equity Actors set forth below.
(c) Chorus and Principal auditions shall take place prior to any agent
submitted auditions.
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(d) In the case of callbacks, the Producer will make available any special
material requested by the Producer at no cost to the Actor at the time of
notification.
(2) When auditions are held in premises that are not architecturally accessible,
the Producer, upon notification by either Equity or a performer with a mobility
impairment who wishes to audition, shall arrange for an accessible facility for
the audition.
(3) When a deaf performer is sought, the Producer shall provide, during the
audition, qualified interpreter for the deaf (i.e., an interpreter qualified or
certified in sign language or oral interpretation).
(4) For blind and visually impaired performers who notify Producer in advance,
all audition material shall be available at a place to be designated by the
Producer, at least 48 hours in advance of the audition.
(B) Equity Procedures. Interviews or auditions for Equity Actors shall be conducted
in accordance with the following:
(1) For each production the Producer will hold at least one day of Principal
auditions and at least one day of Chorus auditions in the city of the signatory
theatre, at an approved location. For each production, if an EPA or Agent
audition is held outside the signatory theatre city then an EPA will be held first
in Los Angeles. For each production if a Chorus Call is held outside the
signatory theatre city then a Chorus Call will be held first in Los Angeles. In
either case, the Producer will notify Equity no less than three weeks prior to the
audition of the time and place of the audition.
(2) The Producer shall not hold auditions or interviews on any day when a local
Equity membership meeting is scheduled, provided that Equity notifies at least
two weeks in advance of such meeting.
(3) Principal Auditions or Interviews.
(a) Each Actor shall have up to three minutes to audition using material of
the Actor’s own choice within categories set by the Producer. Each Actor or
Stage Manager shall have up to three minutes for an interview should the
Actor elect to have a Principal interview.
(b) An individual with casting authority shall be present at all times during
auditions/interviews. To that end, auditions and interviews will be
conducted by the Producer, director, choreographer, musical director,
assistant director, author or professional casting director designated in
writing by the Producer.
(c) When the Producer conducts its own auditions or interviews, Producer
shall be limited to three in number for a Principal Actor. Thereafter, the
Producer shall pay to the Actor a fee of $25.00 plus transportation, for each
of the fourth, fifth, and sixth auditions or interviews and for each audition or
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interview following, 1/6th of the Producer’s basic minimum salary plus
transportation.
(d) Prior to the season, the Producer shall supply to Equity a list of the
plays, directors, casting director, or casting consultant, list of parts not cast
(for a new play include character descriptions) and first rehearsal dates, if
known. Any information not available at the time of the foregoing will be
supplied when known. Equity will circulate this information and Actors and
Stage Managers are encouraged to send their pictures and/or résumés to
the Producer.
(e) The Producer shall make best efforts to see Actors who may be visiting
the city where the Producer is located.
(4) Equity Chorus Auditions.
(a) For productions in which Equity performers are required to sing, there
must be an audition for singers at which performers musts be given an
opportunity to audition in their primary skill before they may be requested
to move or dance. In productions in which Equity performers are required
to dance, there must be an audition for dancers at which performers must
be given an opportunity to audition in their primary skill before they can be
requested to sing.
(b) Each Equity performer who auditions for Chorus may be required by the
Producer to attend three days of Chorus auditions. Thereafter, the
Producer shall pay to the Actor 1/6th of the Producer’s basic minimum
salary plus transportation for each such audition day over three.
(c) Auditions may be held on three separate days. At the first audition
Chorus performer may be typed, asked to dance and/or sing; after the
Chorus performer has been auditioned for dancing and/or singing, the
performer may be asked to read for Chorus parts and/or understudy. At the
second and/or third audition, Chorus performer may again be asked to do
all of the above.
(d) If these three days are not consecutive, the Chorus performer shall not
be required to report for any purpose on the intervening days.
(e) If, at the second or third audition, selection of a Chorus performer to be
engaged for the production is to be determined at a final match-up, then
the Chorus performer retained for the match-up, from the earlier audition
that day, shall be released following his selection and be free until matchup, except if required to read a part or understudy.
(f) The Producer shall conclude the audition within an eight-hour span from
the first call on that day. In the event any audition exceeds eight hours from
the time of the Chorus performer’s first call, the performer shall receive
1/6th of minimum salary as compensation for such day.
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(g) For each auditioned performer, there shall be a break of at least onehour after not more than five consecutive hours of audition. For each ½
hour, or part thereof over five hours, without a break, the performer shall be
paid $20.00 until such break is given.
(h) Producer agrees to audition singers (male and female) and dancers
(male and female) separately at the first call for Chorus Actors, and that
Equity shall be notified in writing, at least three weeks in advance of the
audition, of the time, place and group called. Dancers shall be auditioned
as dancers before they are auditioned as singers. Singers shall be
auditioned as singers before they are auditioned as dancers.
(C) Equal Employment Opportunity.
(1) It is the intention of the parties that auditions/interviews shall be conducted
in a manner that continues to promote fair consideration to all Actors of color
and all ethnicities (including but not limited to African-Americans, HispanicAmericans, Asian-Americans and Native Americans), women, seniors and
performers with disabilities. Toward this end, the Producer agrees that casting
of all productions will be conducted in a manner that provides full and fair
consideration to Actors of color and all ethnicities, women, seniors, and
performers with disabilities.
It is the intent of the parties that casting for all roles shall be made without
regard to race, color, national origin, creed, disability, gender or sexual
orientation. It is the desire of the parties that the stage reflect a multi-cultural
society. In furtherance of this policy, and with due regard for the requirements
of and suitability for a job, the producer shall endeavor to hire Actors of color
and all ethnicities, women, seniors and performers with disabilities.
(D) Non-Discrimination.
(1) The Producer shall not practice discrimination against any Actor on the
basis of race, color, creed, national origin, gender, sexual orientation, political
persuasion or belief, age or disability of such Actor.
(2) The Actor shall not be required to perform in any Theatre or other place of
performance where discrimination on the basis of race, color, creed, national
origin, gender, sexual orientation, political persuasion or belief, age or disability
is practiced against any Actor or against any patron as to admission to or
seating in such Theatre or other place of performance.
(E) Non-Traditional Casting.
(1) The parties hereto affirm commitment to an inclusive casting policy known
as Non-Traditional Casting. Non-Traditional Casting is for the purpose of
increasing employment for Actors of color and all ethnicities, females, seniors
and performers with disabilities, and is for the casting of such performers in
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roles where race, age, ethnicity, gender or the presence or absence of a
disability is not germane to either the play or the character’s development.
(2) In furtherance of this goal, the Producer agrees to make a determination of
non-traditional casting opportunities, taking into consideration any suggestions
made by Equity, and to identify for use in all published casting notices and in
the Producer’s announcement to agents and casting directors roles available
for non-traditional casting and to actively solicit the participation of Actors of
color and all ethnicities, females, seniors, and performers with disabilities. The
foregoing constitutes an expression by Equity and the Producer of their desire
to encourage and promote inclusive employment practices.
(3) Producer agrees to encourage all Directors, Choreographers and Casting
Consultants in the Producer’s employ to select in accordance with the policy
outlined in 5(C) and 5(E). Furthermore, the Producer will provide a statement of
this non-traditional casting policy to all Directors, Choreographers, and Casting
Consultants.
(F) Performers with Disabilities.
(1) When a role to be cast depicts a person with a specific disability, the
Producer shall include this information in the casting specifications and, at the
same time, shall notify Equity of such specifications so that performers with
similar disabilities shall be informed and given the opportunity to audition for
the role.
(2) When a Producer holds auditions in premises which are not architecturally
accessible for performers with disabilities, Producer will, upon notification by
Equity or by a performer with a disability who wishes to attend the audition,
arrange for appropriate facilities to accommodate performers with disabilities.
(3) When a deaf performer is sought the Producer shall provide, during the
audition, a qualified interpreter for the deaf (one qualified or certified in sign
language or oral interpretation).
(4) All audition material provided by the Producer shall, upon request, be made
available to blind and visually impaired performers at a place to be designated
by the Producer at least 48 hours in advance of the audition.
(G) Records. The Producer will maintain for each production records of Actors of
color and all ethnicities, women, seniors and performers with disabilities auditioned,
interviewed, hired, and/or replaced and will forward such records to Equity within 30
days of the final performance of the season. Equity will provide the applicable form.
(H) Additional Equity Provisions.
(1) Auditions Code/Safe and Sanitary Provisions. When auditions are held in
studios, the Producer shall provide:
(a) A room other than the audition room which shall have seats and open
space where the Actor may wait and/or warm up for the audition.
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(b) Separate change facilities (not lavatories) for men and women at any
audition at which they are required to dance.
(c) An audition room, change room and/or waiting room which is properly
lit, ventilated and heated during hot or cold weather to a temperature range
between 70 and 76 degrees Fahrenheit.
(d) Producer shall ensure that cool drinking water be available.
(e) Dance surfaces at the place of the audition(s) shall comply with Rule
47(H), SAFE AND SANITARY PLACES OF EMPLOYMENT.
(f) Smoking shall not be permitted in the interview, audition, or waiting
room.
(g) When auditions are held in the Producer’s facility, the Producer shall
provide conditions similar to those described above.
(2) The Producer agrees:
(a) Equity shall have the right, in consultation with the Producer, to
schedule auditions so that no more than two productions hold their first or
final call (audition) on the same day, in the same city, or call the same
category (singer or dancer) at the same time.
(b) The Producer shall not halt the continued progress of a Chorus audition
to audition an Actor for a Principal role or, except at the finals, to have
Chorus Actors read for a part or understudy during the time of the Chorus
audition.
(3) The Producer shall provide liability insurance at all auditions for Equity
performers.
(4) The Producer shall provide a pianist proficient in the skill of accompanying
and whom can sight read at all auditions at which the Actor is required to sing
and/or dance.
(5) Cast Breakdown of New Musicals. [See also Rule 14(C), CONTRACT]
(a) The Producer shall furnish to Equity, as soon as they are available, the
script(s) of any scheduled new musical(s) and/or new adaptations of
scheduled musical productions.
(b) Together with the cast breakdowns of Principal roles, number of Chorus
and a schedule of all functions for which Chorus Actors shall receive
additional payments.
(c) Equity shall respond to the Producer with its breakdown of Principal and
Chorus parts.
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(d) Where differences exist, the Producer shall contract Principals and
Chorus Actors in accordance with Equity’s breakdown determination. Final
determination of Principal and Chorus breakdowns shall be made by Equity
when the production is “frozen,” and contracts shall be changed, if
necessary, to reflect this final determination.
6. BAGGAGE
(A) The Producer agrees to pay the cost of transporting two full-sized suitcases, plus
two pieces of hand luggage that fit in overhead luggage racks.
(B) Actors shall not ship luggage and submit the bill to the Producer without prior
approval from the Producer.
(C) The Producer shall determine the method of shipment for any baggage being
transported beyond the weight limits allowed by the airline, railroad or bus company.
(D) The Actor shall be responsible for transporting his personal hand baggage to
and from the station or airport in the place of engagement. The Actor shall take the
most reasonable and expeditious mode of transportation and without prior expense
approval, the Producer shall reimburse the Actor for the actual cost up to $50.00
each way as set forth and itemized.
7. BILLING
(A) House Boards.
(1) The names of all Actors under Equity contract for the production currently in
performance shall be listed in non-preferential order on the house boards in
front of the theatre in letters no less than one-half inch in height wherever
house boards are maintained and within the limitations of the existing facilities
on said house boards.
(2) The Producer agrees, in instances where there is no house board outside
the theatre, to place one prominently inside the lobby.
(B) When Actor Leaves Cast.
(1) When an Actor leaves a cast, the Actor’s name and/or likeness (in
photographs portraying three Actors or less) must be removed from all front-ofthe-house boards and frames where the show is playing, as well as from all
frames at other theatres. The removal shall be made prior to the first
performance of the Actor's successor. Should the Producer fail to comply with
this rule within three days after the Actor, his successor and/or Equity gives
written notice of failure to remove the name and/or likeness, the Producer shall
pay the Actor currently performing and the Actor whose name and/or likeness
has not been removed, an additional 1/8th of their respective weekly salaries
for each day that the Producer has not complied with the rule.
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(2) When individual photographs of any cast member not under Equity contract
are displayed, every person under Equity contract will have his individual
photograph displayed if the Actor provides such photograph. Production shots
do not apply.
(3) In connection with all other advertising and display media under the
Producer's control, it shall exercise reasonable diligence in removing the name
and/or likeness of the Principal Actor no longer in the cast.
(C) Breaches of Billing.
(1) All provisions pertaining to billing of the Principal Actor shall be specific. If
billing is contingent on the billing of any other Principal Actor, such contingency
shall be clearly and succinctly set forth in the contract.
(2) Whenever a breach of a billing clause contained in an Actor's individual
contract is claimed, Equity shall notify the Producer in writing of said breach. If
the breach is not corrected within three business days of receipt of the written
notification, except as provided below, the Producer shall pay to the Actor a
sum equal to 1/8th of the Actor's salary for each week that the breach
continues beyond the third day. If the breach involves billboards, including
those on busses, the time interval for correction shall be extended to two
weeks. Exempted from this provision shall be posters on unpaid locations,
commonly known as sniping. If the breach involves billing in a magazine or
similar publication, and the Producer does not correct an error in billing when
notified three or more business days prior to the press deadline, it shall pay to
the Actor a sum equal to 1/8th of the Actor's weekly salary. If the breach
involves billing in a newspaper, and the Producer does not correct an error in
billing when notified 48 hours or more, prior to the press deadline, it shall pay
to the Actor a sum equal to 1/8th of the Actor's weekly salary.
8. BINDING EFFECT OF AGREEMENT
(A) Agreements between Producers and so-called “packagers,” casting consultants,
agents or manager’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 signatory.
(B) All contracts signed pursuant to these rules are binding upon not only the signers
on the face thereof, but also upon any and all corporations, co-partnerships,
enterprises and/or groups which said signers control, and are hereby agreed to be
adopted as their contracts by each of them.
9. BLACKLISTING
(A) The Producer and Equity both pledge themselves to prevent blacklisting.
Opposition to blacklisting is not a controversial issue between the Producer and
Equity.
14
(B) Blacklisting for the purposes of this rule shall mean the submission by the
Producer, directly or indirectly, to individual or group pressure, and/or the use of
private lists, published or unpublished, of persons not to be employed in theatrical
productions for reasons having no direct relation to their theatrical ability.
(C) If it is determined in an arbitration that the Producer has blacklisted an Actor as
defined above, the Producer agrees to pay to the Actor losing his employment as a
result of blacklisting, his full contractual salary for the duration of the contemplated
engagement, plus a sum equivalent to the full contractual salary of the successor or
successors, or $1,000.00, whichever is the greater.
10. BREACHES BY PRODUCER
(A) Breaches by the Producer include, but are not limited to, the following:
(1) Should the Producer breach an individual contract of employment, or any
part thereof; breach or fail to abide by or conform to any rule which is a part of
the employment contract of any Actor;
(2) Make any false statement in connection with any employment agreement or
regarding security;
(3) Employ or have employed any Actor under any form of contract other than a
standard form;
(4) Be in default as to any employment contract with any Actor under Equity
contract, or breach any such employment contract, past or present;
(5) In the future, breach of any such employment contract;
(6) Fail to give or deposit security at the time and in the form and amount
required by Equity;
(7) Otherwise breach or fail to live up to any contract of employment or Equity
rule;
(8) In the event of an act of default by the Producer, the Actor is released from
his obligation to work. In this event the Actor may (Equity consenting) forthwith
terminate the employment, and is released from his obligation to render
services to the Producer. In addition, the Producer agrees that it will pay the
Actor, in full, for all services rendered by Actor, plus any other sums to which
the Actor may be entitled by contract or by this Agreement. In addition, as
liquidated damages, Producer agrees to pay no less than a sum equal to two
weeks' salary for Actors signed to Producer contracts. No offset shall be
allowed the Producer for earnings of the Actor in a new or subsequent
engagement as a result of liquidated damage payment.
(B) 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 violations of Rule 10(A)(3) and 10(A)(6), BREACHES BY PRODUCER. In the
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event of the Producer’s breach of Rule 10(A)(3) or 10(A)(6), BREACHES BY
PRODUCER, 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.
[See Rule 39(G), PROGRAM AND SOUVENIR PROGRAM, for Changes in Cast and
Rule 44, REPLACEMENT OF THE ACTOR, for Replacement of the Actor.]
11. CLAIMS
(A) Waiver or Release Not Permissible. Upon any claim of the Actor arising under
his 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 that it will not 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
members under employment contracts be handled or enforced by agents or
attorneys of members unless same are consented to by Equity in writing.
(B) Time Limit in Lodging Claims. Should the Actor deem that he has any claim
against the Producer under his contract, he shall present the same to Equity or to
the Producer within four weeks after the time when such claim shall have arisen
unless he shall give to Equity and to the Panel of Arbitration a good and sufficient
reason for any delay after such period of four weeks.
12. CLOTHING AND COSTUMES
(A) The Producer shall provide all costumes and clothing except modern
conventional undergarments. All clothing provided by the Producer shall be clean,
sanitary, and in good condition.
(B) Footwear.
(1) The Producer shall provide properly fitted footwear. All footwear shall be
clean, sanitary, and in good repair.
(2) Dance Shoes. Producer will make best efforts to provide all footwear used
for dancing as soon as possible but no later than one week prior to dress
rehearsal. Such footwear shall be rubberized and braced when Equity deems
necessary and shall be of suitable construction for dancing when used for
Contemporary Theatre Dance Movement, i.e., classical, ballet, modern, jazz,
ethnic, etc. During rehearsals, the Producer shall furnish at least one pair of
pointe shoes for each Actor called upon to dance in pointe shoes. New pointe
shoes shall be provided to the Actor in a timely fashion mutually agreed upon
by the choreographer, dancer, Producer and Equity.
The Producer shall provide new properly fitted professional dance shoes for all
members of the company who are required to dance. Dance shoes may
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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 is minimally choreographed movement. The Producer will make
best efforts to provide professional dance shoes at least one week prior to
dress rehearsal. In no case will this footwear be provided less than three days
prior to dress rehearsal.
(a) 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
shoes.
(b) Shoes for dancing shall be rubberized and braced and shall be repaired
or replaced whenever necessary.
(C) Kneepads and Protective Clothing. Prior to any activity that requires knee and
elbow pads and protective clothing, the Producer shall furnish new and properly
fitted (i.e. small, medium, or large) items for the exclusive use of the Actor for all
rehearsals and performances.
(D) Make-up. The Producer shall provide all make-up except ordinary and
conventional make-up. If the Actor is required to use body make-up, the Producer
shall furnish clean cloth towels for the removal of such make-up. [See Rule 47(B)(4),
SAFE AND SANITARY PLACES OF EMPLOYMENT.]
(E) Rental. No Actor shall rent or lend any wardrobe to a Producer for use in any
production unless the terms of the rental, based on the WCLO Agreement Rental
Schedule agreed upon in writing between Equity and the Producer, are stated in the
Actor's contract of employment or in a rider thereto. The agreed-upon payment shall
be made to the Actor separate from but with the Actor's weekly salary. The following
shall be used as a minimum guide in those instances where the Actor is requested to
furnish his own clothing for any production. It is understood that such payment is
made as a rental fee.
Item
Blouse
Boots
Coat
Minimum Weekly Fee
$2.00
$10.00
$5.00
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Dance Shoes: (Professional Jazz shoes,
Character shoes, Tap shoes, Pointe shoes,
Dance boots)
Dress
Ensemble (Shirt, Tie, Suit, Shoes, Etc.)
Hat
Jeans
Pedal Pushers-Knickers
Shirt
Skirt
Shoes
Shorts
$10.00
Slacks
Sneakers
Suit
Sweater
Tie
Wig/Hair Piece
$5.00
$8.00
$20.00
$3.00
$1.00
$15.00
$5.00
$30.00
$2.00
$2.00
$2.00
$2.50
$5.00
$8.00
$2.00
(F) Cleaning.
(1) Costumes or clothing used in a production shall be freshly cleaned when
delivered to the Actor and cleaned thereafter whenever necessary, but not
longer than two weeks. Spot cleaning, when required, shall be completed in
time to allow at least four hours for drying and airing prior to the half-hour call.
(2) Stockings, undergarments, undershirts, tights, dance belts, dance bras,
thongs, dance trunks, and other conventional "Skin Parts" of costumes and/or
clothes shall be new when issued to Actor. “Skin Parts” shall be laundered or
cleaned for each performance. “Skin Parts” are to be defined as any costume
pieces that touch the skin. Costumes are not considered “Skin Parts” when
worn with foundation garments such as T-shirts or undergarments. Laundered
items shall be completely dry and delivered prior to the “half-hour” call.
(3) Costume parts that are damp due to perspiration shall be dry for each
performance whenever practicable.
(G) Change of Hair Color. The Actor may not be required to change the color of his
hair unless he agrees in writing. If he agrees, the Producer shall pay the expense of
changing the color and of its upkeep during the run of the engagement, and the cost
of the restoration to the original color at the close of the engagement.
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(H) Change of Hair Style. The Actor may not be required to cut or change the style of
his hair in any way, or to shave his head, unless he agrees in writing. He may,
however, be required to let his hair grow, or he may be required to grow a beard
provided he agrees in writing. If he agrees, the Producer shall pay the original
expenses and the expenses of the upkeep of said hair or hair style.
(I) Hairpieces, Wigs and Facial Masks. Beards and hairpieces furnished by the
Producer shall be freshly cleaned when delivered to the Actor and cleaned thereafter
whenever necessary but at least once every three weeks. Lace on all beards,
mustaches, and hairpieces shall be cleaned daily. No Actor will be required to use a
facial mask, wig, or hairpiece (including a beard or mustache) which has been worn
by another Actor until it has been properly fitted, thoroughly cleaned, dried and
aired. New protective breathable liners must be inserted into facial masks whenever
a replacement or understudy uses another Actor’s facial mask. Each liner must be
for the exclusive use of one Actor. All liners must be laundered and thoroughly
rinsed and dried before every use.
13. 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 or
required date of arrival, if earlier, 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.
14. CONTRACT
(A) Required Number of Contracts. For the term of this Agreement each production
of the Producer will have no fewer than 20 Equity contracts, of which one will be for
the Stage Manager, one will be for the Assistant Stage Manager, and no fewer than
eight will be for Chorus.
(B) Filing Contract. No Actor may begin employment unless a standard form of
contract has been filed with Equity.
(C) Determination of Classification. Equity has the sole right to determine whether an
individual is correctly classified as a Principal, Chorus, Stage Manager, Assistant
Stage Manager or Extra, and the Producer agrees that Equity's determination shall
be final. [See also Rule 5(H)(5), AUDITIONS AND INTERVIEWS.]
(D) Signing Of. Unless a contract is signed concurrently, it must be signed by the
Producer first. The Producer may, at the time it sends the contract to the Actor, notify
the Actor in writing that unless the contract is signed, returned and Postmarked to
the Producer no later than three business days after the Actor receives it, the
contract is null and void.
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(E) 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 shall have been consented to by Equity in writing, such riders,
changes, alterations, waivers or 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. The Producer shall also be responsible for notifying the
Actor personally of any proposed change or alteration to his contract, particularly in
the matter of casting assignments. At the option of Equity, no riders, changes,
alterations, waivers or substitutions rejected by Equity shall be admitted in evidence,
in any arbitration, or by any tribunal for the disposition of any claim, without the
written consent of Equity.
(F) Completing Contracts.
(1) If the Actor agrees to appear in a production “As Cast,” the part assigned
and performed at the first public performance shall be deemed the Actor's
assignment for that production and may not be changed or added to without an
agreement in writing. At least one part should be specified in the Principal
contract at the time of signing. Should the Actor's assignment be changed, no
additional compensation will be required, but if the Actor is given additional
assignments, the Actor shall be compensated in accordance with Rule 48(E)
and Rule 48(M), SALARIES.
(2) The Producer agrees that all blanks, including opening date, name of
part(s), salary and required date of arrival, will be filled in writing before signing
or delivery.
(3) All concessions or waivers granted to the Producer shall be made known to
the Actors and Stage Manager at the time of audition, interview or initial
contact unless the Agreement with Equity is not yet finalized, in which case all
concessions and/or waivers will be identified as “pending.”
(4) The Producers agree to indicate on the face of the contract or in a rider the
dates of an overnight tour, if known.
(G) Quadruplicate Contracts. Immediately after entering into any employment
contract, the Producer shall file with Equity an exact quadruplicate copy thereof.
Should it not do so, the Actor may at any time, Equity consenting, terminate the
same without notice and the Producer shall pay to the Actor such amount as he may
be entitled to under the rules for a breach thereof.
(H) Failure by Producer to file a properly executed and signed AEA contract shall
constitute a breach of this agreement entitling Equity among other things and without
limitation to refuse to release the balance of the security deposited with Equity until
the above requirement is met. In the event an Actor fails to sign his contract, the
Producer agrees to file a copy with the Producer’s signature only.
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(I) Attempted Breach.
(1) 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.
(2) Should any Equity member engage in such conduct, he shall be subject to
such disciplinary action as Equity may determine.
(3) Should any Producer be found by an Arbitration Panel to have engaged in
such conduct, said Producer agrees that such conduct on its part shall be a
breach of its Employment Agreements with Actors, entitling any such Actors to
recover from the Producer, Equity consenting, a sum equal to two weeks'
salary as liquidated damages, no present basis of calculation existing. The
Producer further agrees that upon such breach, its name may be posted on the
Defaulting Employer’s List at Equity.
(4) 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.
15. DANCE CAPTAIN
Whenever there is choreography and/or musical staging in a production, a Dance
Captain shall be required, and paid from the first date of assignment but in no event
later than the first day of rehearsal. The Dance Captain shall be paid not less than
16% of the then prevailing WCLO minimum salary in addition to the weekly
contractual salary.
(A) For Dance Captains, after official opening, a total of 10 rehearsal hours per week
is allowed.
(B) The Stage Manager shall not serve as a Dance Captain.
(C) The Dance Captain shall receive billing on the page where the complete cast is
listed.
(D) Assistant Dance Captains (in “Pre-Broadway”/Production Tryouts and tours only)
shall be paid not less than 12% of the then prevailing WCLO minimum salary in
addition to the weekly contractual salary. [See Rule 37(F) “PREBROADWAY”/PRODUCTION TRYOUTS.]
16. DEFAULTING EMPLOYERS
(A) 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. For the purpose of this
paragraph, the subject matter of a dispute currently in arbitration, or for which a
21
notice of arbitration has been given, shall not be deemed an “unsettled” or
“unliquidated” breach.
(B) 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 Equity, or which, through failure to meet past obligations to
Equity or its members, has been placed on Equity's Defaulting Employer’s 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 management so
specified, without the consent of Equity.
(C) Should a Producer remain in default of salaries or other monies due an Actor on
Equity contract 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 under Equity contract is adjudged by Equity or an Arbitration to be in default to
a Producer, interest will accrue on said default in the same manner as above.
17. DEFINITIONS
(A) Actor. The term “Actor,” as used in this Agreement, shall refer to and include
persons who are under an Equity contract, including Principals, Chorus, Stage
Managers, Assistant Stage Managers and Understudies.
(B) Principal Actor. The term “Principal Actor” shall include all Actors hired on Equity
contracts other than those Actors engaged on Chorus contracts, and/or engaged to
perform Chorus work.
(C) Chorus. The term “Chorus,” “Chorus member,” “member of the Chorus,” “Actor
engaged under a Chorus contract,” “Chorus Actor” and “Chorus Performer” shall
include Actors engaged under Chorus contracts and/or Actors actually performing
Chorus work, as may be determined by Equity.
(D) Stage Manager and Assistant Stage Manager. The terms “Stage Manager” and
“Assistant Stage Manager or ASM” shall mean any individual engaged on contract
as a Stage Manager or Assistant Stage Manager, respectively.
(E) Extras. [See Rule 23, EXTRAS.]
(F) Part. The term “part” shall mean each character, specialty, or function for which
the Actor is responsible.
(G) Producer. The term “Producer” as used herein is the equivalent of the term
“Guarantor” appearing in Equity forms.
(H) Role. The term “role” shall mean the sum of the parts, specialties, functions and
assignments for which a Principal Actor is responsible.
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(I) Gender. All references in this Agreement to “Actor” or “he” (and himself, his, etc.)
shall be deemed to refer to both genders.
18. DISABILITY LEAVE
Any Actor who becomes disabled during the course of Actor’s employment in the
production shall be eligible for Disability Leave in accordance with the following
provisions:
(A) An Actor who is unable to work may request an unpaid leave of absence for a
period of up to 12 months.
(B) Such request must be supported by an acceptable medical certificate indicating
the time necessary for the leave.
(C) Actors are eligible to request only one such leave for any single medical
condition within any single production.
(D) The Producer shall use best efforts to insure that the duration of the leave
relates to the nature of the disability. However, in order to accommodate the needs
of the production, the Producer may require that the leave be at least three months
in length.
(E) Actors on approved leave must notify the Producer at least one month prior to
the expiration of the leave of their intention to return to work as scheduled or to
resign.
(F) When a disability leave is requested, Equity will advise the Actor about sick
leave benefits, health benefits, medical coverage and, if applicable, the procedures
for direct payment.
(G) Prior to an Actor’s return from a leave, Actor will be required to establish that
Actor is able to meet the artistic and physical requirements of the production. In
addition, at Producer’s option, Actor may be required to submit to an appropriate
examination by Producer’s medical representative at the Producer’s expense. Actor,
at Actor’s option, may seek a second opinion at Actor’s expense.
(H) Actor’s salary on Actor’s return to the production will be the same as when the
leave began, plus any increases required by the WCLO Agreement.
(I) Temporary replacement Actors may be hired under “replacement contracts” for
periods up to the full term of the leave.
19. DISCRIMINATION FOR UNION ACTIVITY
The Producer shall not dismiss or otherwise penalize any Actor for fulfilling his
duties or obligations as a Deputy or an Equity member.
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20. DUTIES OF THE ACTOR
(A) Actor shall file his contract with Equity in a timely manner.
(B) The Actor agrees to be prompt at all calls including but not limited to rehearsals,
costume and photo calls; to appear at the theatre no later than one-half hour prior to
the performance; to pay strict regard to make-up and dress; to perform his services
as reasonably directed, and sustained by the Stage Manager, and to conform to the
language of the script to the best of his ability; to properly care for his costumes and
props; to respect the physical property of the production and the Producer and to
abide by all reasonable rules and regulations of the Producer which are not in
conflict with the provisions of the Agreement. Repeated lateness or other infractions
of the Equity rules shall subject the Actor to disciplinary proceedings, in accordance
with the Constitution and By-Laws of Equity.
(C) The Producer shall have the right to require an Actor who is late for any call to
make up the time of that call on overtime hours without compensation; if any other
right is thereby invaded, the Producer will be responsible for the applicable
compensation unless the Actor waives said right. In the event of repeated lateness
or other infractions of the Equity rules, a committee of five members of the company
(three in small companies) drawn by lot, or by such other method as Equity may
deem appropriate, may be formed to consider complaints.
(1) Meetings of the committee shall not be held during rehearsal hours.
(2) The complaint must be in writing.
(3) The Actor complained of must be called to appear in person before the
committee, and the Actor filing the complaint, shall be present if possible.
(4) The committee shall read the complaint to the Actor, question him as to the
validity of the complaint, and hear his reasons and any other statement he
wishes to make.
(5) Before the committee begins discussion of the complaint and the
responses, the parties shall be dismissed so that the committee can discuss
the testimony in camera.
(6) If, after weighing carefully all the statements and replies, the committee
finds the complaint unsubstantiated, or excuse or reasons in response to the
complaint to override the complaint, the committee shall dismiss the complaint
and notify the parties.
(7) If, after weighing carefully all the statements and replies, the committee
finds the complaint substantiated, they shall immediately submit their
recommendation to Equity for final action in accordance with the Constitution
and By-Laws of Equity.
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21. EQUITY - SPECIAL PROVISIONS
(A) Special Power to Act for Actor.
(1) Equity may represent Actors in any dispute which may arise with the
Producer, and Equity may, at all times, represent Actors in relation to any
matter arising under any Employment Agreement, and when any act or request
or consent of any such Actor is provided for in such Agreement, the request,
consent, or approval of Equity shall, for all purposes, be deemed the consent,
request, approval or act of the Actors.
(2) Whenever it is provided in any employment contract that any act or thing
may be done by an Actor at the option of, or with the consent of, or at the
request of Equity, or on the demand of or with the consent of such Actor,
Equity, representing the Actor, has and is given the authority to act for and in
place of the Actor and to assert his position or make his request or demand as
the case may be, with all of the power and authority of the Actor himself,
without liability to itself.
(3) In all cases where, by virtue of any employment contract, the consent or
approval of Equity is required, the Association has and reserves full
discretionary power in giving its consent to change, modify or limit rights of any
Actor under his contract, said action to be taken on behalf of the Association in
writing by either the President or Executive Director or one of the executives
especially authorized by either of said officers to act.
(B) Meetings; Privilege of Actors to Attend. The Producer shall not require the
services of the Actor for rehearsals (except in cases where dress rehearsals are
being held or rehearsals on opening date) at any time when a regularly scheduled
local membership meeting of Equity is being held. The Producer shall be notified by
Equity as soon as such meetings are scheduled, but in no event shall notice be
given later than two weeks prior to such meeting. Time off for this purpose shall not
be counted as a part of that day's rehearsal.
(C) Oral and Written Interpretations. Oral or telephone rulings made by Equity are
not binding upon the Association, or except with its consent, upon the Actors.
Written rulings or interpretations of the employment contract or this Agreement must
be either approved or given by the President or Executive Director or one of the
executives specifically authorized by either of said officers to act, and shall be
binding upon the Association only when said persons act within the powers
delegated to them by the Council.
(D) Council Powers. Should there be any conflict between any rules or any basis for
more than one interpretation as to the meaning of any of them, the Council of Equity
has the right to determine the correct interpretation or resolve the conflict, and its
decision shall be binding upon Equity and the Actors.
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(E) Deputies and Representatives.
(1) Each Company shall elect a Deputy. Deputies shall have the duty and
obligation to report to Equity the total weekly hours worked, any overtime,
and/or any violation of the rules.
(2) There shall be a Deputy for Principal Actors and whenever a Chorus is
employed, there shall be a Deputy (or Deputies) for Chorus Singers and
Chorus Dancers.
(3) Duly authorized representatives of Equity shall have free access to the
stage and to all Actors at all times, inclusive of rehearsals and performances.
22. EXCLUSIVE SERVICE OF THE ACTOR
Except as otherwise provided for in the contract of employment, the Actor shall not
accept any other engagement in the legitimate and/or musical comedy fields which
conflict with the Actors' duties under his contract from the date of beginning of
rehearsals and until the contract is lawfully terminated, without the written consent of
the Producer. The Actor shall not have the right to accept employment in television,
motion pictures or other employment that conflicts with the fulfillment of his duties
under his contract.
23. EXTRAS
Definition. The function of an Extra is to provide atmosphere and background only.
An Extra may not be identified as a definite character, either singly or within a group.
An Extra may be required to change make-up and may be required to make four
costume changes. An Extra may not be rehearsed more than two weeks before the
first public performance, may not speak except “in omnes,” may not sing (except with
the consent of Equity in relation to a particular play), dance or understudy, and may
not tour.
24. FORMS
Equity will forward to the Producer copies of all new and/or changed forms in
advance of their promulgation. No form, including Bond or Security Agreement,
issued by Equity, regardless of its contents, shall modify, affect, change, alter or
influence the text or meaning of any rule in this Agreement.
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25. HEALTH FUND
(A) The Producer agrees to contribute to the Equity-League Health Benefits Trust
Fund the sums listed below or the break even rate, whichever is less, per week for
each Actor in its company for each and every week of employment during the term of
this Agreement. [See Rule 27(B) INJURY AND SUPPLEMENTAL WORKERS’
COMPENSATION.]
5/31/10 – 5/29/11
$181.50
5/30/11 – 5/27/12
$191.50
5/28/12 – 5/26/13
$201.50
5/27/13 – 5/25/14
$211.50
All amounts inclusive of SWC
(B) These monies shall be used to provide health benefits and Supplemental
Workers’ Compensation insurance for the Actor.
(C) The Producer further agrees to be bound by the Agreement and Declaration of
Trust establishing the aforesaid Health Benefits Trust Fund, including all its rules
and regulations and any and all amendments and modifications thereto, which may
be adopted by its Trustees during the term of this Agreement.
26. HOUSING
(A) It shall be the Producer’s obligation to provide suitable rooms for out-of-town
Actors at no cost to Actors. The Producer must supply Actor with:
(1) Suitable housing shall be defined as a single occupancy room in a facility
receiving at least a Two-diamond rating by the Automobile Club of America and
having kitchen facilities. If this room is in a hotel and kitchen facilities are not
available, the Producer will provide or will cause to have provided a microwave
and small refrigerator in the Actor’s room. A microwave and small refrigerator
will not be required whenever per diem is paid.
(2) Out-of-town Actor shall be defined as an Actor whose primary residence as
listed with Equity is more than 60 miles from the theatre.
(3) Should Actors with disabilities be employed, the Producer will provide
suitable and accessible accommodations.
(B) For those Actors who reside more than 60 miles driving distance from the
Theatre and/or rehearsal space, and in the event the Actor chooses not to exercise
the said room option but chooses to drive, the Producer shall provide travel
expenses in an amount no less than the current Federal reimbursement rate from the
first mile driven.
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(C) When working the allowed “10-out-of-12” rehearsal hour days prior to the first
paid public performance, any Stage Manager or Assistant Stage Manager living 35
miles or more from the theatre will be provided with housing. [See Rule 55, STAGE
MANAGERS AND ASSISTANT STAGE MANAGERS.]
(D) Local Transportation.
(1) In all cases where there is no available public transportation and no
available suitable public dining and/or suitable living accommodations within
one-half mile by normal transportation route to the theatre and or rehearsal
hall, the Producer shall, at its own expense, furnish round-trip transportation to
the Actor for all performances, rehearsals, and/or meals as the case may
require. Said transportation shall be in a fully insured vehicle, operated by a
fully licensed driver, and each Actor shall be provided with a seat in said
vehicle. This transportation shall be furnished in such manner that the Actor
will arrive at the theatre one-half hour prior to the beginning of each
performance, and promptly for each rehearsal, and shall be available to return
the Actor to his living quarters no later than one-half hour after each
performance and promptly after each rehearsal.
(2) It is agreed that where public transportation is available, the Actor should
be able to return to his lodgings no later than one hour after he leaves the
theatre.
(3) Taxis may be used as viable transportation under this Agreement. If a taxi is
used for transportation, Producer will pay the cost of the taxi fare.
(4) In all cases where no suitable shopping facilities are available within onehalf mile of housing or normal transportation routes, the Producer shall provide
round-trip transportation to such shopping facilities once a week at posted
times. This trip shall be to an area of diversified shopping, including a bona fide
supermarket, laundry facilities, hair care facilities, and a licensed pharmacy.
(5) It shall be the Producer's obligation and responsibility to locate and reserve
suitable living accommodations at reasonable cost for all Actors employed; and
either to have the Actor met on his arrival in the town, or to instruct him in
advance where to go on arrival.
(6) If housing provided is found to be in an unsafe area and public
transportation is not available, Producer will arrange transportation as provided
in 26(D)(1) above.
(E) The securing of housing and transportation shall not be the responsibility of the
Stage Managers and/or Assistant Stage Managers. [See Rule 55, STAGE
MANAGERS AND ASSISTANT STAGE MANAGERS.]
(F) The Producer shall not be responsible for the room and board of relatives or
pets.
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(G) Per Diem.
(1) Each member in a production performing away from the theatre shall
receive no less than $90.00 dollars per day for expenses of room and board.
(2) When the room cost (including applicable taxes but excluding all other hotel
charges) for an Actor exceeds 50% of the required per diem then the Producer
shall reimburse that Actor for the excess over said 50% except where the Actor
elects to arrange for his own accommodations.
27. INJURY AND SUPPLEMENTAL WORKERS’ COMPENSATION
(A) The Producer agrees to obtain and maintain Workers' Compensation Insurance
Coverage for all Actors in its employ. Failure to obtain Workers’ Compensation
Insurance shall make the Producer individually liable to the Actor for payments
equivalent to any Workers’ Compensation lost. This obligation shall survive the
termination of the Actor’s contract of employment. The Producer will furnish Workers’
Compensation Claim Forms to the Stage Manager on the first day of employment.
The Actor must report all accidents to the Stage Manager, Deputy and Producer or
designated representative.
(B) Supplemental Workers’ Compensation. The Producer agrees to provide
Supplemental Workers’ Compensation Benefits as administered by the EquityLeague Health Benefits Trust Fund. Supplemental Workers’ Compensation is
payable in addition to Workers' Compensation for an injury received in the course of
employment. A schedule of benefits can be obtained at the Equity office. [See Rule
25(A) HEALTH FUND.]
(C) Reports and Accidents. Within 24 hours of each occurrence, the Actor shall
report all accidents and injuries to the Stage Manager (who shall inform Equity) and
the Producer or the Producer’s representative.
28. JUVENILE ACTORS
(A) Separate dressing rooms for male and female juvenile performers (whether
working under an Equity Agreement or not) will be provided and shall be separate
from the adult performer’s (whether working under an Equity Contract or not)
dressing rooms.
(B) When performers under the age of 16 (“Juvenile Actors”) are employed on an
Equity contract by a Producer, the Producer agrees to establish a program in
consultation with the Juvenile Actor's parents or guardian and school which will
provide (1) the security and proper supervision of the Juvenile Actor to the
satisfaction of the Juvenile Actor's parents or guardian and Producer, and (2) the
proper education of the Juvenile Actor to the satisfaction of the Juvenile Actor's
parents or guardian, school and Producer. A rider shall be attached to the contract
outlining the program.
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29. LAWS GOVERNING
(A) All contracts of employment shall be subject to, be construed by, and all the
rights of the parties thereto shall be determined by the laws of the State of California,
except as otherwise may be provided.
(B) If there are any valid provisions of law applicable to a contract of employment
which are in conflict herewith, the provisions of the contract which conflict therewith
shall be deemed modified in conformity with the provisions of such applicable laws.
(C) If any provision of this Agreement shall be held invalid or unlawful by any tribunal
of competent jurisdiction, the remaining provisions shall not be affected thereby, but
shall remain severally valid, binding and in full force and effect.
30. NON-DISCRIMINATION
(A) There shall be no discrimination against any Actor or applicant for a part in a
cast by reason of race, color, creed, sex, national origin, sexual orientation, age,
disability, political persuasion, or belief. A claimed violation of the section, unless
satisfactory resolved between Equity and the Producer, shall be submitted to
arbitration. In the event the arbitrator determines that discrimination has been
practiced, he shall have the authority to direct reinstatement or employment as the
case may be, and/or assess such monetary damages, not to exceed contractual
salary lost, as in his opinion will make the Actor or applicant whole for such financial
loss as he may have suffered by reason of said discrimination.
(B) The Actor shall not perform, other than in connection with hiring practices as
cover by (A) above, in any theatre or other place of performance where
discrimination is practiced because of race, color or creed against any Actor or
against any patron as to admission to or seating in such theatre of other place of
performance.
31. NON-PROFESSIONALS
(A) The Producer may employ non-professionals (Equity Membership Candidates,
students and local jobbers) who are not members of any branch of the 4-A's and/or
who have not been members of a performers' union outside the United States.
(B) Affidavits. On a form supplied by Equity the Producer shall register with Equity
each Non-Professional associated with his company within one week of engagement
by filing the name, address, Social Security number and a statement, signed by the
Non-Professional, that said Non-Professional is not a member of any branch of the
4-A's.
(C) Equity Membership Candidate. An Equity Membership Candidate (EMC) is a
non-professional who is interested in obtaining training for the theatre and who
intends to make a career in the professional theatre and is properly registered with
30
Equity. No non-professional may be a Stage Manager or an Assistant Stage
Manager.
(1) A bona fide workweek for the Equity Membership Candidate shall be
defined as any week in which the EMC actually attends rehearsals, rehearses,
understudies or performs with the Equity Company and shall be so reported on
the weekly report. [See Rule 45(C), REPORTS.]
(2) An Equity Membership Candidate who completes 50 workweeks will be
eligible to join Equity. Such eligibility will remain open for a period of five years
following the fiftieth week. However, after accruing 50 workweeks (or as
provided in paragraph 31(C)(3) below), and during this five-year period of
eligibility, no Membership Candidate may be engaged by a Producer unless
signed to an Equity contract.
(3) An Equity Membership Candidate who is a member of any other 4-A’s union
who completes 25 weeks will be eligible to join Equity.
(4) An Equity Membership Candidate who completes the required number of
workweeks as specified in paragraphs 31(C)(2) and 31(C)(3) above during the
period of a production will be allowed to complete the production as a nonprofessional provided that the work assignment in that production remains the
same.
(5) When there is a separate Stage Manager and Assistant Stage Manager for
the production, one production assistant may earn EMC credit assisting the
Stage Manager and one production assistant may earn EMC credit assisting
the Assistant Stage Manager. Credit shall be earned only in those weeks in
which the production assistant is at all times either directly assisting or
assigned by the Stage Manager or Assistant Stage Manager in the
performance of his stage managerial functions.
(D) Local Jobber. A local jobber is a non-professional who is a bona fide resident of
the community in which the theatre is located (within a 50-mile radius) and who does
not intend to make a career in the professional theatre.
(E) Failure by Producer to File Equity Non-Professional Registration Forms shall
constitute a breach of this agreement entitling Equity among other things and without
limitation to refuse to release the balance of the security deposited with Equity until
the above requirement is met.
(F) No Actor may be replaced by a non-professional.
(G) Use of Non-Professionals.
(1) Non-Professionals may be used only if the required number of Equity
contracts are utilized as follows: Effective for the term of this Agreement, each
production of the Producer will have no fewer than 20 Equity contracts, of
which one will be for the Stage Manager, one will be for the Assistant Stage
Manager, and no fewer than eight will be for Chorus.
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(2) If a production is also scheduled to tour to other venues all performers must
be under Equity contract from the time of first rehearsal. [See Rule 59,
TOURS.]
(3) Partnering. An Actor shall be permitted to partner or be partnered by a nonprofessional. Should a dispute arise as to the safety of this partnering, such
partnering may only continue with the unanimous approval of an on-site
committee consisting of the Deputies, Dance Captain and Stage Manager.
32. NON-TRADITIONAL CASTING
(A) It is the desire of the parties that employment for Actors shall continue to reflect a
multi-racial society that also includes persons with disabilities. Toward that end, the
Producer will continue to encourage to the best of its ability a flexible and
imaginative casting policy which is called “non-traditional casting.” Non-traditional
casting is for the purpose of increasing employment for Actors of color and all
ethnicities (including but not limited to African-American, Hispanic-American, AsianAmerican and Native American), female Actors, senior Actors and Actors with
disabilities and is for the casting of Actors of color and all ethnicities, female Actors,
senior Actors and Actors with disabilities in roles where race, age, ethnicity, gender
or the presence or absence of a disability is not absolutely essential to the play or
the character’s development.
(B) In furtherance of this policy, the Producer will actively solicit the participation of
Actors of color and all ethnicities and persons with disabilities in all ads, casting
notices and cast breakdowns to agents and casting directors.
(C) In furtherance of the foregoing policy, the Producer recognizes that all roles
where race, ethnicity, gender or disability is not germane shall be open to nontraditional casting. Each Producer shall include its non-traditional casting policy in
casting notices and cast breakdowns to agents and casting directors.
33. NO STRIKE OR LOCK-OUT
(A) There shall be no strike, boycott, interruption of work, stoppage, temporary walkout or lock-out for any reason during the term of this Agreement except that if either
party shall fail to abide by the decision of the Arbitrator under Rule 4,
ARBITRATION, of this Agreement, after receipt of such decision, then the other
party shall not be bound by this provision.
(B) The parties agree as part of the consideration of this Agreement that neither
Equity, nor any of its officers, agents or members, shall be liable for damages for
unauthorized stoppages, strikes, slowdowns or suspensions of work if:
(1) Equity gives written notice to the Producer and the company Deputy within
24 hours of notice from the Producer of such action, that it has not authorized
the stoppage, strikes, slowdown or suspension of work; and
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(2) Equity further cooperates with the Producer in getting the employees to
return and remain at work.
(C) It is recognized that the Producer has the right to take disciplinary action,
including discharge, against any Actor who engaged in any unauthorized strike or
work stoppage, subject to Equity's right to submit to arbitration in accordance with
the Agreement, the question of whether or not the Actor did engage in any
unauthorized strike or work stoppage.
(D) Nothing in this rule, or otherwise, shall be deemed to prohibit or inhibit Equity
and/or its members from taking any action it deems necessary, including, but not
limited to, striking, picketing or other concerted activity, to enforce the payment of
agreed minimum and/or contractual salaries and/or the payment of agreed Pension
and Health contributions by the Producer.
(E) It is agreed that Equity cannot guarantee that its members will pass through a
picket line if any union or unions or organized groups of employees are on strike or
are locked out. This Agreement shall not be considered breached by Equity because
of the failure or refusal of members of Equity to pass through a picket line under the
circumstances described above. Equity and its members shall only be considered
responsible for performance of work if the employees can perform their work without
molestation or interference.
34. NUDITY
Any production with nudity shall be subject to prevailing rulings by Equity with regard
to auditions, rehearsals, performance and photographs.
35. PENSION AND 401(k) PLAN
(A) Pension Plan. The Producer agrees to participate in the Equity-League Pension
Trust Fund and to abide by all its rules and regulations. Producer agrees to make
weekly contributions thereto in an amount equal to 8% of all gross payments made
to the Actor up to a maximum of $5,500.00 for each Actor in each and every
workweek of employment for the term of this Agreement. This shall not include the
minimum required per diems or the minimum required costume rentals. With Equity's
consent, uniformly higher per diems given to the entire company may be excluded.
(B) 401(k) Plan. Each Actor shall have the option to contribute to the Equity-League
Trust Fund 401(k) Plan. The Producer agrees to deduct and remit said contributions
to the plan. Amount of the contribution shall be determined by the Actor in writing at
time of contract signing, and no change may be made during term of contract. No
contributions shall be required of the Producer, except as required by Rule 48(D),
SALARIES, Media Payment.
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36. PERFORMANCE LOST
If the company cannot perform because of fire, accident, strike, riot, Act of God, or
the public enemy, which could not be reasonably anticipated or prevented, then the
Actor shall not be entitled to any salary for the time during which Actor’s services
shall not for such reason or reasons be rendered and either party may terminate this
contract.
In the event the Producer believes that rehearsals or performances can be resumed
in a period of 10 days or less and requires Actor to remain under employment, the
Actor shall receive the following:
(A) 1/6th of minimum salary for each rehearsal day lost or 1/8th of minimum salary
for each performance lost. Actor shall receive 1/8th of contractual salary for each
added performance not to exceed nine performances in a workweek or six
performances in three days. If Actor is paid a per diem, he will be paid one-half his
per diem payment for each day lost.
(B) Should any of the foregoing conditions continue for a period of ten days or more,
either party may terminate the contract, and the Producer shall pay for all services to
date and return transportation for Actors.
37. “PRE-BROADWAY”/PRODUCTION TRYOUTS
Should the Producer produce a production in which it accepts financial
compensation, gifts, or investment from the entity or individual who holds the first
class rights to that production and uses the facilities of the WCLO Producer, the
Producer agrees to the following conditions:
(A) The Producer will have the first class rights holder sign and submit to Equity, on
a form provided by Equity, an agreement to offer all Equity contract employees
engaged in the WCLO production a right of first refusal in the subsequent production
for the individual’s role or function. Failure to offer any such Actor the subsequent
contract will require payment by the first class rights holder of no less than four
weeks minimum salary under the Production Contract or four weeks contractual
salary under the WCLO Contract, whichever is greater.
(B) After official opening, all rehearsal of material not performed at the first paid
public performance will be paid at the overtime rate. After opening, the Understudy
will be paid overtime to learn new material, whether at the same time as the Actor he
understudies or at a separate rehearsal. However, once the Actor has learned this
new material, he will not receive additional overtime for continued understudy
rehearsals or for put-in rehearsal.
(C) No group sales presentations, except those for the WCLO production, may be
made without the prior consent of Equity, under terms established by Equity, and
with no less than 48 hours written notice to Equity
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(D) The production will be cast 100% under Equity contract from the time of first
rehearsal.
(E) Three days of Equity Auditions will be held. [See Rule 5, AUDITIONS AND
INTERVIEWS.]
(F) An Assistant Dance Captain must be employed in productions that employ 30 or
more performing actors. The Assistant Dance Captain shall be paid not less than
12% of the prevailing WLCO minimum salary in addition to the weekly contractual
salary.
(G) A play, once closed, may reopen for rehearsal or performance within eight
weeks of the date of its closing only under the Production Agreement upon the
following terms and conditions:
(1) The
Producer
agrees
to
abide
by
Rule
37
BROADWAY”/PRODUCTION TRYOUTS of this WCLO Agreement.
“PRE-
(2) The Producer agrees to pay vacation pay at the rate of 4% of weekly salary,
from first day of rehearsal on the WCLO Agreement.
(3) The Producer agrees to pay sick leave accrual per the Production Contract
Rulebook from first day of rehearsal on the WCLO Agreement.
(4) The Producer agrees that when the production being produced by the
Signatory Theatre goes from the WCLO Agreement to the Production
Agreement, starting with the first Production Agreement rehearsal, Actors must
be paid not less than Production contract minimum or the WCLO contractual
salary, whichever is greater.
(5) The Dance Captain shall receive not less than the prevailing Production
Contract increment in addition to weekly contractual salary, from first day of
rehearsal on the WCLO Agreement.
(6) Full Swings shall be required and paid not less than the prevailing
Production Contract increment in addition to weekly contractual salary, from
first day of rehearsal on the WCLO Agreement.
(7) The Stage Manager and Assistant Stage Managers shall receive not less
than 1/6th of the prevailing WCLO Contract minimum in addition to weekly
contractual salary, from first day of work.
(8) All terms from Rule 70 TRANSFER TO PRODUCTION CONTRACT in the
Production Rulebook shall also apply.
38. PRODUCTION PROSECUTED
(A) Should the production or performances in a production in which the Actor is
engaged be complained of as being in violation of any statute, ordinance or law of
the United States, or any state or any municipality in any state, and should a claim or
charge, either civil or criminal, be made against the Actor arising out of his
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employment in such production, the Producer shall defend the Actor at the
Producer's own expense, or shall pay any and all reasonable charges made or
incurred by the Actor in his defense, and indemnify the Actor against any loss or
damage which he may suffer, arising out of his employment in any such production.
This rule does not apply to acts other than in the course of employment unless
directed by the Producer or its representative.
(B) It is specifically agreed and understood between the Actor and the Producer that
the language, business and costuming of the play are under the control and direction
of the Producer and author, who according to custom, can at any time erase or
amend the scenes and lines, and that consequently the Actor has no certain method
of knowing during rehearsals, whether in its final presentation the play is susceptible
of being considered immoral or indecent. Therefore the Producer represents to the
Actor that the play as produced shall not violate any law or give offense which is
punishable by any law, and expressly agrees that should it or the author be arrested
or summoned on such charges, that (Equity consenting) the Actor may terminate the
engagement forthwith. Upon such termination the Producer shall pay to the Actor
forthwith, all sums due under this Agreement plus one week's salary, as
compensation for the termination of the engagement without notice, but in no event
shall the Actor receive less than a total of two weeks’ salary.
(C) This rule shall not apply to any case or any set of conditions where its
enforcement would be illegal or against public policy. In the case of an arrest on
account of the nature of the play or its production, the Producer shall forthwith
furnish bail for the Actor; and, in the event of its failure to do so, or for any breach of
this rule, the Producer shall pay to the Actor (Equity consenting) the sum of
$1,000.00. After an arrest, the Actor may demand a suspension of performance
pending a determination, and such suspension shall not terminate or otherwise
affect the terms of the agreement, unless Equity shall otherwise order.
39. PROGRAM AND SOUVENIR PROGRAM
(A) A free program shall be given to all patrons at each performance. All Actors on
Equity contract must have a picture and biography in the program together with their
roles and/or functions.
(B) All Actors on Equity contract in the production shall be listed either on the title
page or on the first page on which there is a complete cast listing. On the page
where the complete cast is listed all members of Actors' Equity will be asterisked (*)
to a statement that they are “Members of Actors' Equity Association, the Union of
Professional Actors and Stage Managers in the United States.”
(C) The Dance Captain shall receive billing on the page where the complete cast is
listed.
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(D) Actor’s Biography.
(1) The Actor shall have the right of approval of biographical material for the
program and souvenir program. Approval must be in writing, and shall not be
unreasonably withheld. Biographical material not disapproved within 24 hours
of its submission to the Actor shall be considered approved. Parties agree to
use best efforts to limit biographies to biographical data and performance
credits.
(2) In the event that there are errors or omissions in the printed cast listing in
the program and/or souvenir program, the Producer agrees, upon receipt of
notice of an omission or error in such cast listing, it will, within 24 hours
(including at least one business day), place in the program and/or souvenir
program a photocopied or printed slip correcting the omission or error and will
also correct the omission in the next printing of the program and/or souvenir
program, provided such notice is given at least 24 hours prior to the press
deadline.
(3) For each failure either to place a correction slip in the program and/or
souvenir program, as stipulated above, or to correct the program and/or
souvenir program cast listing at the next printing, after proper notice, the
Producer shall pay the Actor involved a sum equal to 1/8th of the Actor's
contractual salary for each week or part thereof during which the omission or
error continues.
(E) Equity Bio. The Producer agrees to include biographical material about Actors’
Equity in said program or playbill, of no more than 50 words, as specified by the
union.
(F) The Producer agrees to include the following wording on the cast page in the
program: “This Theatre operates under an agreement with Actors' Equity
Association, the Union of Professional Actors and Stage Managers in the United
States.” The Producer has the option to include the Equity Logo, and will be supplied
with a “cut” by Equity, when requested.
(G) Changes in Cast.
(1) The Producer shall use its best efforts to delete promptly the name of the
Actor from advertising and publicity matter after the Actor leaves the company.
(2) All understudies and their roles must be listed in the program unless
requested by the understudy not to be listed.
(3) When the Producer knows that an Understudy will take the place of a
Principal Actor or Chorus playing a part before “half-hour,” in a production, an
announcement to this effect shall be made in two out of the following three
ways:
(a) Through the insertion of a printed slip in all programs.
37
(b) By means of an announcement from the stage.
(c) By means of a sign conspicuously and prominently posted at the
entrance to the theatre at the place where tickets of admission are
collected. This sign shall be at least 8 X 10 inches in size, with letters at
least one inch high.
(4) When the Producer doesn’t know that an Understudy will take the place of a
Principal Actor or Chorus playing a part, until after half-hour, in a production an
announcement to this effect shall be made from the stage and Producer will
make best efforts to post the announcement as covered in 39(G)(3)(c) above.
(5) In a production which utilizes Full Swings, when the Producer knows prior to
half-hour that a Swing will be performing in an unidentifiable role, a sign stating
“Also Appearing in the Ensemble” and the name of the Actor, shall be
conspicuously and prominently posted at the entrance to the theatre at the
place where tickets of admission are collected. This sign shall be at least 8 X
10 inches in size, with letters at least one inch high.
(6) In all the above cases, such announcements shall include the role(s), the
name of the Actor playing such role(s) and the name of the Actor replaced
unless the Actor replaced requests, in writing, the omission of his name.
(7) For each failure to give the required notice of substitution, the Producer
agrees to pay the Actor, whose part is played by an Understudy or another
Actor, and also the Understudy or other Actor, an additional sum equal to 1/8th
of Actor’s own weekly salary.
(8) Not Required to Alternate.
(a) Unless Equity shall otherwise order, the Producer shall not require the
Actor to alternate with an Understudy or a successor, and if replaced by
either without the Actor's consent, the Actor may not be thereafter required
(unless Equity otherwise orders) to act again in the part or to report to the
theatre for that purpose. Payments, however, shall continue to be made to
him according to the terms of his agreement.
(b) However, an Actor may agree in a rider to his contract to alternate
performances with another Actor. Notice that a role is being performed by
more than one Actor must be stated in the program and the Actor
performing must be properly identified. If such notice is not included in the
printed program, then any change of cast must be announced in
accordance with 39(G)(3) above.
40. PROPERTY
(A) The Producer shall reimburse the Actor for all loss and/or damage to:
(1) Actor’s property used or to be used in connection with a production or
productions covered by his employment contract.
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(2) The personal clothing worn by the Actor to the theatre.
(3) The personal effects of the Actor, including his baggage and eyeglasses,
while any such property is in the possession or control or under the supervision
of the Producer, or any of its representatives, agents, or employees, or while
said property is in any theatre, building, or other place in which the production
(or productions) covered by the Actor's agreement has been, or is being given,
or is to be given, or when any such property or personal effects have been in
any way shipped, forwarded, or stored by the Producer or any of its
representatives, agents, or employees, up to a limit of $10,000.00 for the
Actor's personal effects and clothing and up to a limit of $1,500.00 for the
Actor's jewelry; except that, if the Producer provides facilities for safekeeping
the Actor's personal valuables, jewelry, and/or cash, not used in the production,
while said articles are in any theatre, the Producer shall be liable for loss
and/or damage only if said personal valuables, jewelry, and/or cash are given
to the Producer or its agent for safe-keeping. In this regard, the Producer
agrees to provide facilities for safekeeping of said articles, and to inform all
Actors of same and of the necessity for using such facilities under the
provisions of this rule by a written notice posted on the callboard.
(B) The Producer shall be liable as hereinabove provided, whether or not the act,
fault, or negligence of the Producer, its representatives, agents, or employees
caused or contributed to such loss or damage. The Producer, however, shall not be
liable for any loss or damage to the property of the Actor while said property is under
the sole and exclusive control and supervision of the Actor.
(C) Except as above provided, the Producer shall not be responsible for any loss
and/or damage to the personal property of the Actor, over and above the limitations
herein set forth, and whereas to such property it is the duty of the Actor if he desires
to protect himself against loss to insure the same. The Producer may meet the
foregoing obligations by maintaining adequate and sufficient insurance coverage,
which shall provide the same protection as the Producer hereby, assumes. Upon the
direct payment of any damage or loss to the Actor by the Producer, the Producer or
the Insurer shall be subrogated to all rights of the Actor to the extent of such
payment.
41. RECORDINGS (Use in Production)
(A) The Actor shall not be required to work in any production where recordings or
mechanical or electronic reproductions of voice are used to supply dialogue, singing
and chanting, or business where living actors might be employed, unless the
Producer shall have first obtained the written consent and permission of Equity, and
shall comply with all such terms and conditions as Equity may prescribe.
(B) Provided he agrees in his contract, a Principal Actor may record, film or tape a
portion of the role that he performs on stage for use in the production. The record,
film or tape may be used only during the period in which the Actor is employed
39
except where the Actor voluntarily terminates his employment and where said Actor's
voice is not identifiable, and must be made during regular rehearsal hours.
42. REHEARSAL, PERFORMANCE, AND OTHER WORK RELATED RULES
(A) Workweek, Work Day and Rehearsal.
(1) A workweek shall mean from and including Monday through Sunday.
(2) The Producer shall conduct an on-stage, full-dress, full-tech, run-through of
the entire play, including intermissions, prior to the first public performance. If,
due to unforeseen circumstances, the tech/dress rehearsal cannot be
achieved, the Producer shall ensure that all aspects of the production that
might endanger the Actor are rehearsed. Also, the Producer shall make an
announcement from the stage prior to the beginning of the performance that
there may be a need to stop.
(3) During rehearsal weeks the total workweek shall not exceed 45 hours of
which no more than 42 hours may be for rehearsal.
(4) The workday during the above is limited to seven-out-of-eight-and-one-half
hours.
(5) At the Producer’s option, a six-hour rehearsal block may be utilized for a
maximum of three days in any workweek, provided the following conditions are
met:
(a) A ¾ majority cast vote, by secret ballot, at the first rehearsal shall be
required for use of a six-hour rehearsal block in combination with the
standard rehearsal schedule.
(1) The six-hour rehearsal block shall constitute the entire work
schedule for the day.
(2) Each six-hour rehearsal block shall replace a typical seven-out-ofeight-and-one-half hour rehearsal schedule.
(b) Within the six-hour rehearsal block, there shall be 40 minutes of break
time to be distributed in accordance with section 42(D)(2) below, except
that one break shall not be less than 20 minutes.
(6) During the seven days prior to the first paid public performance,
notwithstanding the above, rehearsal can consist of the following:
(a) Four days of “10-out-of-12” rehearsal hour days.
(b) Three days of “7-out-of-10” rehearsal hour days.
(7) Rehearsal period for each production shall be a minimum of two and a half
weeks in length inclusive of no less than four days of technical rehearsal (up to
four days of “10-out-of-12” days).
40
(8) The Stage Manager will receive overtime any week in which he exceeds the
maximum hours allowed the Actors by more than 15 hours in rehearsal, nonrehearsal and/or performance duties. Nevertheless, any time an Actor receives
overtime, the Stage Manager shall also receive overtime. [See Rule 55(E)(17)
STAGE MANAGERS AND ASSISTANT STAGE MANAGERS.]
(9) Except for days of two performances when one is an early student
performance, the span of the workday shall not exceed 12 consecutive hours.
[See 42(B)(6) below.]
(10) Between the first paid public performance and official opening:
(a) Rehearsals may be five hours per day on a one-performance day.
(b) No rehearsal may be held on a two-performance day.
(c) The above rehearsals shall be limited to three days.
(1) Not withstanding the above, rehearsal days may be increased to no
more than seven days provided that one full day off is given in each
workweek.
(11) After official opening, rehearsals may not exceed eight hours per week for
brush-up or replacements. Up to four hours of the eight allotted above may be
used for rehearsing new material during the first two full workweeks after
opening. [See Rule 37(B), “PRE-BROADWAY”/PRODUCTION TRYOUTS.] For
understudies and Dance Captains, after official opening, a total of ten hours of
rehearsal is allowed.
(12) Absent special circumstances, changes in the rehearsal call may be made
only upon 24-hours written notice.
(13) Time shall be set aside for the cast to conduct Equity business during the
first three days of rehearsal, not to exceed a total of one hour. Such time shall
not be considered part of the official rehearsal hours.
(B) Performances.
(1) There shall be no more than eight performances in any week without
additional compensation. Notice of the regular performance schedule and any
additional performances known by the Producer shall be posted at the
Producer's announced auditions. A rider describing the regular performance
schedule and known additional performances shall be attached to the Actor's
contract at the time of contract signing.
(2) Notification of Performance Schedule Change.
(a) The Actor shall be notified of any change of the performance schedule
at least two weeks in advance, except in an emergency when a shorter
notice period agreed to by a majority of the cast shall be permitted.
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(b) When a Theatre's performance schedule is less than eight
performances per week, the Actor must receive no less than one week's
notice of the addition of performances up to the permitted eight. The
Producer shall give notice at the time of scheduling such additional
performance(s) but in no event less than one-week's notice.
(3) There shall be no more than two performances in any day nor more than
five performances in any three-day period. The total number of hours worked
on a two-performance day, including “half-hour,” shall not exceed nine hours.
(4) A ninth performance shall be paid for at the rate of 2/8ths of weekly
contractual salary except when said performance is a school matinee,
community/charity benefit, in which the payment will be 3/16ths of weekly
contractual salary.
(5) A canceled regularly scheduled performance may be exchanged for threeand-one-half hours of rehearsal.
(6) Any performance which begins prior to 12:00 noon (except to pre-school or
student audiences) or which continues beyond 1:00 A.M. shall be paid for at
the rate of an additional 2/8ths of weekly contractual salary. If there are to be
any performances prior to 12:00 noon, the Actor shall be so advised at the time
of audition or interview. In the event the Actor is engaged without audition or
interview, the Actor shall be so advised at the time of contract signing. In either
event, a rider must be attached to the contract. Should there be no rider, the
Actor shall not be required to perform without the express consent of Equity.
[See 42(A)(9) above.]
(C) Costume Calls, Photographs and Publicity.
(1) In addition to rehearsal time, but within the maximum hours of the workweek
as outlined in paragraph 42(A)(3) above, the Producer may schedule a
combined total of no more than six hours for costume and/or photo calls per
production.
(2) Costume calls must be consecutive with rehearsal hours and must be
calculated in segments of no less than one-half hour. Combined costume calls
and rehearsal hours may reach a maximum of six consecutive hours without a
break.
(3) The Producer may require the Actor to pose not only for customary and
usual photographs, but also for photographs to appear in magazines or
newspapers for the sole purpose of publicizing and advertising the play. Said
photo session may take place on a one-performance day, or before or after
rehearsal, subject to the limitations as set forth herein, or during the authorized
rehearsal hours, but in no event during auditions, or on a two-performance day,
or after the evening performance on a day immediately preceding the day off.
(4) There shall be no more than one picture call in any week and of no less
than one-half hour duration. The Actor shall receive no less than 24-hours
42
notice of a picture call. However, combined photo and rehearsal hours may
reach a maximum of six consecutive hours without a break.
(5) If the picture call takes place after a performance, refreshments shall be
made available to the Actor at the Producer's expense. No photo call may
extend beyond 1:00 A.M.
(6) If the photographs are taken at a time other than hereinabove specified, or
if the limitation in the number of calls in section 4 above is exceeded, the Actor
shall be paid not less than an additional 1/8th of his weekly contractual salary
for each day or part thereof in which the photo session takes place.
(7) The Actor's name shall be properly credited whenever and wherever the
photographs are used and/or distributed by the Producer, except in a group
photograph of more than five the Producer shall use its best efforts to insure
the crediting of photographs not under the Producer’s control.
(8) The Actor shall have the right of approval of all individual non-production
photographs of Actor used or distributed by the Producer and under its control.
If the Actor withholds his permission, he may be required to supply his own
photographs.
(9) The Producer shall reimburse the Actor for all reasonable personal
expenses incurred in connection with personal and publicity appearances
initiated or required by the Producer. Such appearances shall be arranged at a
mutually convenient time.
(10) Actor’s Picture Used in Conjunction With Commercial Product.
(a) The Actor's picture may not be used in conjunction with a commercial
product unless the Producer has obtained the Actor's prior written
authorization identifying the product involved.
(b) Actor shall be paid no less than $100.00 for said use.
(c) Actors called to a picture call, for the purpose described above, whether
at the theatre or elsewhere, shall be paid no less than $100.00 per hour,
and Actor shall receive 24-hours notice for the picture call.
(11) Equity Logo. The Producer agrees to use best efforts to place the Equity
Logo or name on all Producer-generated marketing and promotions in all
productions that are either produced or presented by the Producer where
Equity Actors are employed.
(12) In the event another Theatre which operates under a standard Equity
Contract wishes to use photographs taken under this provision for promotional
or publicity purposes, the Actor may, through the initial Producer, agree to the
use in writing under the following conditions (which shall apply to all Actors
identifiable in the image):
(a) Actor shall be made aware in writing of the precise images to be used.
43
(b) Actor shall be made aware in writing of the intended use of the images,
as well as the duration of said use.
(c) Actor shall be identified and attributed, as will be the Theatre from
whose production the photograph was taken.
(d) Actor shall be compensated a sum of no less than $100.00 per image
for all use per requesting Theatre, said sum to be mutually agreed upon.
(e) A duly executed copy of the written agreement permitting such use and
its scope and terms shall be forwarded to Equity.
(D) Breaks, Rest Periods, Days Off.
(1) There shall be a break of no less than one-and-one-half hours after five
consecutive hours of work except as provided in paragraph 42(C)(2) and
42(C)(4) above. If the Producer has no objection, the Stage Manager may
conduct a cast vote to reduce this break to one hour. This Stage Manager
prerogative shall be exercised solely for the convenience and at the request of
the company by a 2/3rds majority secret ballot vote of the Actors on Equity
contracts in the company.
(2) Except during run-throughs and dress rehearsals, there shall be a break of
five minutes after no more than 55 minutes of rehearsal or ten minutes after no
more than 80 minutes of rehearsal for each member of the company. During
non-stop run-throughs, there shall be a break of not less than ten minutes at
the intermission point(s).
(3) There shall be a break between the rehearsal, photo/costume, and “halfhour” call of at least one-and-one-half hours. In the event that such break is
only one-and-one-half hours, Actors must have access to a food menu to make
food available and delivered at Actor’s expense at break time. No break shall
be required should the only rehearsal call for the day be for one hour or less
provided the Producer schedules it just prior to half-hour and provided that in
each instance there is a unanimous, secret-ballot cast vote from each Actor
involved in the rehearsal.
(4) There shall be no less than one-and-one-half hours and no more than three
hours between curtain down and a rehearsal call. The rest period may be
reduced or extended by a cast majority, secret ballot vote.
(5) There shall be no less than a 12-hour rest period between the end of
employment on one day and the beginning of employment on the next day. [For
Stage Manager's Breaks see Rule 55(E), STAGE MANAGERS AND
ASSISTANT STAGE MANAGERS.]
(6) There shall be a one-and-one-half hour rest period exclusive of half-hour,
between performances.
44
(7) There shall be one full day off each workweek except for the workweek
containing the first paid public performance when there shall be a daylight day
of rest.
(a) A full day off shall be 24 hours in addition to the regular rest period
required at the end of each workday. In the event that Producer requires
Actor to rehearse on his day off, Actor will be paid 2/6ths of his rehearsal
salary for such work prior to first paid public performance and 2/6ths of his
contractual salary thereafter. In the event that Producer requires Actor to
perform on his day off, the Actor shall receive 2/8ths of his performance
salary unless it is the ninth performance of Actor’s workweek, in which case
he will receive 3/8ths of his performance salary.
(b) A daylight day of rest means from the end of work on one day until 7:00
P.M. of the following day. In the event that Producer calls Actor on a
daylight day of rest prior to 7:00 PM, Actor will receive double overtime
payment with a four-hour minimum payment.
(c) There shall be no call of any kind after the evening performance on a
day immediately preceding the day off.
(8) Notification. As soon as the Producer is aware of a possible change, but in
no event less than 72 hours, written notice must be given to change the day off.
(9) On Thanksgiving and Christmas, an Actor whose contractual salary is less
than $5,000.00 per week shall receive holiday pay in addition to Actor's weekly
contractual salary as follows:
(a) If one performance is scheduled on that holiday, 1/16th minimum salary
for Actor's own category;
(b) If two performances are scheduled on that holiday and Actor performs
both, 3/32nds of said minimum salary; and
(c) If two performances are scheduled on that holiday and Actor performs
only one, 1/32nd of said minimum salary.
(10) When on tour, the company shall not be required to rehearse until three
hours after arrival at hotel, except in the case of replacements. When
transportation is directly to the Actor’s hotel and travel time does not exceed
three hours from point of departure, two hours shall comprise the aforesaid rest
period. [See Rule 59(C)(3)(n) TOURS.]
(E) Notes.
(1) Note sessions may be held after no more than four preview performances.
Two of these note sessions may be called at the sole discretion of the director
and two shall require the Actor's approval.
45
(2) Note sessions shall be limited to one hour from curtain down and that hour
shall be deducted from the next rehearsal day. The first 15 minutes only of
these note sessions may be used for rehearsal with the orchestra.
(3) Note sessions may not be held between “half-hour” and end of show,
except in cases of replacement, safety or emergency.
(4) Note sessions may be held only on a one-performance day.
(5) Individual Actor notes may not be posted on the Callboard, except in a
sealed envelope.
43. REOPENING OF A PLAY
A play, once closed, shall not be reopened for rehearsal or performance within eight
weeks of the date of its closing under any Equity contract other than the WCLO
without the written consent of Equity and under such terms as stipulated by Equity.
Such consent, upon equitable terms and conditions, shall not be unreasonably
withheld. [For “PRE-BROADWAY”/PRODUCTION TRYOUTS, see Rule 37.]
44. REPLACEMENT OF THE ACTOR
(A) Not Required to Alternate. Unless Equity shall otherwise order, the Producer
shall not require the Actor to alternate with an Understudy or a successor, and if
replaced by either without the Actor's consent, he may not be thereafter required
(unless Equity otherwise orders) to act again in the part or to report to the theatre for
that purpose. Payments, however, shall continue to be made to him according to the
terms of his agreement.
(B) However, an Actor may agree in a rider to his contract to alternate performances
with another Actor. Notice that a role is being performed by more than one Actor
must be stated in the program and the Actor performing must be properly identified.
If such notice is not included in the printed program, then any change of cast must
be announced in accordance with Rule 39(G) PROGRAM AND SOUVENIR
PROGRAM.
(C) Permanent Replacement. If a Principal Actor's employment is terminated, a
contract for the replacement must be negotiated and signed between the Producer
and the understudy or other replacement no later than two weeks after the
Principal's last performance in the production. [See Rule 31(F), NONPROFESSIONALS.]
45. REPORTS
(A) W-2 Forms. W-2 Forms must be furnished to the Actor. Equity may in its
discretion, at any time, require the Producer to submit proof satisfactory to it that all
Actors employed are given a withholding tax receipt (W-2 Form) and statement of
Social Security deductions for the entire season.
46
(B) On the first day of rehearsal, each Actor shall receive a kit containing all
information regarding state and local taxes and all forms applicable to same or, if not
immediately available, information as to where such forms may be obtained.
(C) Weekly Reports and Payments to Equity.
(1) By the Friday following the first week of employment and by each Friday
thereafter, the Producer shall and must furnish Equity, on forms supplied by
Equity for that purpose, the following:
(a) Pension and Health Reports listing all Actors and all non-professional
cast members employed in the production with the appropriate Pension
and Health payment included.
(b) Working Dues Reports listing all Actors working under an Equity
contract with the appropriate Working Dues payment.
(c) A Show Program. (When available)
(d) Cast changes (program insert, when applicable).
(2) The Producer, for each week of failure to file the reports, shall pay to the
Actors' Equity Foundation, the sum of $25.00. Failure to file the above reports,
moreover, shall constitute a breach of this Agreement entitling Equity, among
other things and without any limitation, to refuse to release the balance of the
security deposited with Equity until the above requirements are met.
(3) If within four weeks of receipt of such reports, Equity fails to notify the
Producer of a possible violation based upon that report, or fails to request
further information, Equity shall not thereafter take any action or make any
claim based upon it.
46. RISK
An Actor called upon to perform “risk” shall receive no less than $17.50 per week
above contractual salary, such payments to start at the time that such risk activity
begins.
(A) “Risks” are defined as, but not limited to: performing acrobatic feats; suspension
from trapezes, wires, or like contrivances; the use of or exposure to weapons, fire,
pyrotechnic devices; excessive amounts of smoke and fog, and the taking of
dangerous leaps, falls, throws, catches, knee drops, or slides; and performing on
moving set pieces or on elevated platforms.
(B) An Actor shall also be deemed to be eligible for “risk” payment when the staging
or choreography requires the Actor to execute dance movements which depart from
the accepted techniques of movement and support as used in contemporary theatre
dance, i.e., classical ballet, modern, jazz or ethnic.
47
(C) The initial determination as to the eligibility for the said additional compensation
shall be made by Equity in each particular case.
47. SAFE AND SANITARY PLACES OF EMPLOYMENT
The Producer agrees to provide the Actor with safe and sanitary places of
employment.
(A) Dressing Rooms. Separate dressing rooms for male and female Actors will be
provided.
(1) Dressing rooms (except quick-change booths) shall be of a permanent type,
and shall not be only under canvas.
(2) Each Actor shall be provided sufficient and suitable dressing table space no
less than 30 inches. All dressing rooms shall be properly heated and shall have
adequate lights, mirrors, shelves and wardrobe hooks for Actor’s make-up and
dressing equipment. All dressing rooms shall be swept daily, and all mirrors,
dressing tables, and dressing rooms shall be thoroughly cleaned daily, prior to
the Actor’s occupancy of the dressing room.
(3) Use of fluorescent lighting for make-up purposes is prohibited unless the
fluorescent lighting is specifically warranted by the manufacturer to be for
make-up purposes.
(4) All dressing rooms shall be equipped with air-conditioning systems, aircooling systems or some similar type of mechanical device to insure proper
ventilation and the circulation of fresh, cool air.
(5) The Producer agrees to provide heat in the dressing rooms if the outside
temperature falls below 60 degrees Fahrenheit.
(6) A telephone for the Actors shall be accessible to the dressing room areas.
(7) Alleys and roads leading to stage doors of theatres shall be accessible and
properly lighted. Runways between dressing rooms and the theatre shall be
covered and paved or boarded.
(8) Dressing room entrances and windows shall be properly masked from the
view of the audience to insure the Actor's privacy
(9) There shall be a fire extinguisher accessible to each dressing room.
(10) Should Actors with disabilities be engaged, the Producer will provide
accessible dressing room(s).
(B) Lavatory and Toilet Facilities.
(1) Separate sanitary facilities will be provided for male and female Actors.
Toilets and lavatories will be clean and sanitary, and will be separate facilities
from those provided for the audience.
(2) The Producer will provide soap, toilet tissue and paper towels.
48
(3) Sinks with hot and cold running water shall be available in or reasonably
convenient to the dressing rooms. “Reasonably convenient to” shall mean
within the same building and in the dressing room area.
(4) In all theatres where the Actor is required to use body make-up, there shall
be showers with hot and cold running water. Producer shall furnish clean cloth
towels for the removal of body make-up. [See Rule 12(D), CLOTHING AND
COSTUMES.]
(5) Any walkway between the dressing rooms and toilet facilities shall be
masked from the view of the audience.
(C) Rehearsal Space. In all open-air and tent theatres, the Producer shall make
available adequate covered rehearsal space, which shall be safe, comfortable and
healthful at all times. When the temperature in the rehearsal space exceeds 90
degrees Fahrenheit during a rehearsal period (excluding dress, tech and/or
orchestra rehearsal), Actors cannot be engaged in continuous dance sequences or
other scenes requiring strenuous physical activity for any period exceeding 30
consecutive minutes. In addition, fans, oxygen tanks and water must be available at
all times. All other rehearsal areas shall provide heating and cooling devices, etc.,
as referred to in 47(A) above.
(D) Aisles Ramped. In all arena theatres, there shall be no riser between the runway
and the stage. A ramp or other leveling device must be provided.
(E) Inclined Playing Surfaces.
(1) No inclined playing surface (i.e. raked stages, ramps, etc.) will be permitted
without the express written permission of Actors' Equity Association.
(2) If an inclined playing surface is contemplated, then the Producer shall
promptly notify Equity of its proposal, in writing, and provide such information
as Equity may request. In no event shall any inclined playing surface be
constructed without Equity’s prior approval.
(3) If permission for an inclined playing surface is granted, the theatre will
institute the following protocol:
(a) Health Care Practitioner Consultation with Performing Artists: Content
and Timing
(1) At least one consultation with a health care practitioner should
occur during the planning period of the production to advise Producers
and the Director or creative team member designated by the director
for movement (i.e. fight director, choreographer, etc.) of areas of
increased risk for musculoskelatal injury/illness (set design, costumes,
shoes, rake and floor surfaces, puppets, wigs, headpieces, etc.)
(2) At least one observation and at least one instruction session to the
cast during the rehearsal period prior to the first paid public
performance. The observation by the health care practitioner is to
49
determine health and safety issues that will be incorporated into the
educational sessions for the cast members and/or will require
modification. The health care practitioner will review musculoskeletal
injury/illness risk management techniques that will include, but are not
limited to ergonomics of lifting, costume and shoe modifications for
safety, appropriate physical training (e.g., warm-up, cross training,
strengthening/stretching, etc.), and best ergonomic use of stage
surfaces/props. When possible, instruction should occur in the theatre
environment and use the actual tasks, staging, and materials the
performing artists will employ during production.
(3) A follow-up observation during the production to instruct new cast
members of the previously reviewed musculoskeletal risk factor
management techniques.
(b) Identifying Qualified Health-Care Practitioners.
(1) The health care practitioner should be licensed in a field that
includes formal training in human anatomy, physiology, kinesiology,
biomechanics and ergonomics. The health care practitioner’s training
or experience should include the skills and abilities necessary to
assess risk factors associated with musculoskeletal injury/illness.
Licensed professionals with such training include physical therapists,
occupational therapists, and physicians. However, individuals in other
licensed/certified health care professions may be appropriate after
demonstrating equivalent study/knowledge in these areas.
(2) It is highly recommended that health care practitioners should have:
(a) Previous work experience with performing artists that includes
work performed in a clinic and at the worksite (theater).
(b) A minimum of two (2) years of health care professional
experience.
(3) Notice Requirement. The Producer must provide Equity with the
name and qualifications of the health care practitioner or the name of
the organization providing the practitioner and confirmation that the
practitioner being provided will meet all the requirements of Rule
47(E)(3)(b)(1) and 47(E)(3)(b)(2) above. Said notice may be at the
beginning of the season if known. Thereafter, the Producer must notify
Equity immediately, in writing, of any changes from the original
notification. The Producer must post all written notifications to the
Actors’ callboard.
(F) Guide Lights. All ramps, stairways, levels or platforms higher than three feet,
entrances and exits, cross-over areas, or off-stage passageways, which may be
affected by blackouts, shall be illuminated with guide lights or luminous tape. In
arena theatres, there shall be two guide lights on the edge of the stage and one on
50
each side of every ramp leading to the stage. In addition, there shall be a guide light
on each side of the aisle adjacent to the first row of seats of every aisle, and there
shall be guide lights on each side of every aisle at eight-foot intervals. There shall
be a warning light at eye-level on both sides of every pole located in an aisle, or any
other obstruction in an aisle, which Equity shall deem to be injurious or unsafe, and
there shall be side rails on any ramp adjacent to any pit, and level guide lights on
stage along the edge of any pit.
(G) Aisles. Aisles shall be maintained in a firm and even condition and if not
constructed of a hard surface such as concrete, asphalt, or macadam, must be
covered, and the coverings must be secure.
(H) Dancing Surfaces.
(1) Actors shall not be required to rehearse dances or dance on concrete or
marble floors or on any other surfaces which Equity shall deem to be injurious
or unsafe, or on wood or on any other substance laid directly over such similar
surfaces which do not provide air space of at least one-and-five-eighths (15/8ths) inches between the concrete or marble or similar supporting surface
and the dancing surface.
(2) Where a portable stage is used, platforms must be fastened securely and
the stage completely covered by a level deck or decks of such material as
wood or masonite. The edge of all decks must be clearly visible or protected by
securely fastened guardrails.
(3) Pits not in use shall be covered completely by a firm material.
(I) Cots. The Producer shall provide two cots backstage for performers during a
rehearsal or performance. These cots shall not be in a dressing room but shall be
easily available to the entire company. The Producer may, in lieu of the above,
provide a cot in each dressing room.
(J) First Aid Kits. Portable first aid kits, stocked with adequate supplies, including
latex gloves, and first aid information shall be available and easily accessible at all
times wherever the Actor is required to audition, rehearse, dress or perform.
(K) Intercom System. An intercom system between the stage area and the dressing
rooms shall be installed in all theatres in which Equity deems that the dialogue from
the stage is not clearly audible in the dressing rooms.
(L) Drinking Water. Ample, pure, cool drinking water shall be provided wherever the
Actor is required to audition, rehearse or perform.
(M) All areas of the theatre must be equipped for air circulation, heating, safety, safe
access, and proper lighting.
(N) Medical Services. An up-to-date list of medical services including doctors,
dentists and hospitals, must be posted on the call board at all times and qualified
medical personnel shall be available in case of emergency.
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(O) Fire Safety Procedures. The Producer must post a diagram of the locations of all
fire exits and fire fighting equipment and proper procedures in case of fire,
earthquake or other disasters. The Producer shall consult with the local fire
department and formulate safety procedures that shall be given to the Actors prior to
dress rehearsal at least once for each production.
(P) Smoking Areas. In theatres and rehearsal areas where smoking is permitted,
areas shall be designated by the Producer as smoking areas, and smoking shall not
be permitted outside said areas.
(Q) Toxic Materials.
(1) Equity and the Producer shall jointly work together (with such experts as are
necessary) to identify and eliminate hazardous, toxic, or unsafe materials and
procedures from the working environment.
(R) Smoke and Haze Effects.
(1) Permitted Substances. The Producer agrees to use only dry ice, liquid
nitrogen, or substances listed in and in accordance with the specified limits set
forth in the HEALTH EFFECTS EVALUATION OF THEATRICAL SMOKE,
HAZE, AND PYROTECHNICS.
(2) Notice Requirement.
(a) The Theatre may provide a Smoke and Haze Equipment list with the
information specified below for the season if known prior to the start of the
season. In no event shall said information be remitted later than one week
prior to the first day of tech. The Producer must send written notification to
Equity which shall include the following:
(1) The names of all machines, fluids and attachments (e.g. chiller,
etc.) and which show(s) will use Smoke and/or Haze effects.
(2) Indicate whether each effect will be following the time and distance
calculations in the EQUIPMENT BASED GUIDELINES FOR THE USE
OF THEATRICAL SMOKE AND HAZE or a portable air-sampling
monitor as outlined in the EVALUATION OF SHORT-TERM
EXPOSURES TO THEATRICAL SMOKE AND HAZE AIR SAMPLING
PROTOCOL both prepared by ENVIRON International Corporation
dated May 14, 2001 and as may be amended by Environ and Mount
Sinai.
(a) The Producer shall make best efforts to send written notification
to Equity prior to the first paid public performance or as soon
thereafter as possible. Said notification shall include but not be
limited to the following:
(i) The location and setting of each machine and fluid
combination.
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(ii) A list of the cues, including the cue lengths and the
distance between the effect’s release point and the nearest
actor.
(iii) All applicable calculations and/or air sampling data.
(3) Thereafter, the Producer must notify Equity, in writing, of any
changes, modifications and/or additions to the original notification not
later than 72 hours following the first use. The Producer must post all
written notifications to the Actors’ callboard.
(S) Parking. Producer shall provide parking for the Actors under the same conditions
as are generally and customarily offered to the majority of the Producer’s staff.
(T) Inspection and Compliance. The Producer agrees that Equity's representative
shall have the right to inspect the theatre to determine its compliance with the Safe
and Sanitary requirements set forth in the foregoing rules. Any deficiencies shall be
reported in writing to Equity and the representative shall furnish the Producer with a
copy of such report. Upon receipt of such report, Equity may notify the Producer, in
writing, to correct the deficiencies. Unless the Producer either corrects the
deficiencies noted or gives Equity assurances satisfactory to it that such deficiencies
will be promptly corrected, Equity or its Executives may certify the Theatre as
unauthorized for rehearsal, for performances, or both, as Equity or its Executives
may determine. Upon such certification and until correction of the deficiencies or the
giving of assurances satisfactory to Equity that they will be corrected within a
reasonable time, Equity may require Actors to refrain from auditioning, rehearsing
and/or performing in the theatre.
48. SALARIES
(A) Rehearsal Salary.
(1) Rehearsal salary is the minimum performance salary unless a higher salary
is specifically negotiated.
(2) A full week’s salary shall be paid in any week in which the Actor is under
contract and/or required to render any services. However, when the Actor is
solely involved in rehearsal in his first week of employment, salary may be prorated in sixths and the Actor shall be so advised by rider.
(3) When it is necessary to pro-rate salaries during the week of the first paid
public performance due to a performance schedule with fewer than eight
performances and when only a daylight day of rest is given, the following will
apply: The Actor earns 1/7th of his rehearsal salary for each day of rehearsal
and 1/8th of his performance salary for each performance. The total of these
payments may be no less than the required minimum salary under this contract.
53
(B) Performance Salary Minimums. Performance salary begins with first paid public
performance and shall be continuous thereafter.
Effective Date
5/31/2010
5/31/2011
5/28/2012
5/27/2013
$965
$974
$983
$1,002
Stage
Managers
$1,275
$1,291
$1,307
$1,336
1st Assistant
SM
$1,095
$1,107
$1,119
$1,143
ASM/Actors
$1,105
$1,117
$1,129
$1,153
Actors
In no case shall the Salary be less than these figures. Should the Producer’s
contribution to the Health Fund as published in Rule 25 decrease in any year per the
provision within Rule 25(A) regarding the break even rate, the dollar value of any
such decrease shall be added to that year’s published minimum salaries above at
the rate of 80% of the total dollar decrease in Health Contribution. (Example: The
2011-2012 published Health rate of $191.50 decreases by $5 as a result of the
break even rate being $186.50. 80% of $5 is $4. Therefore, $4 shall be added to the
published 2011-2012 minimum salaries above for that contract year resulting in an
Actor minimum, for example, of $978 rather than the published rate of $974. In 20122013 the published health rate of $210.50 decreases by $15 as a result of the break
even rate remaining at $186.50. 80% of $15 which is $12 is added to the published
2012-2013 minimum salaries above for that contract year resulting in an Actor
minimum, for example, of $995 rather than the published rate of $983.)
Given the potential variable in the break even health rate it is understood that the
published yearly health contribution may go down but never increase above the
published rate and the minimum yearly salaries may go up as a result, but never
decrease below the published yearly rate.
(C) Per Diem.
(1) Each member of a production performing away from the Theatre shall
receive $90.00 per day for expenses of room and board.
(2) When the room cost (including applicable taxes but excluding all other hotel
charges) for an Actor exceeds 50% of the required per diem, then the Producer
shall reimburse that Actor for the excess over said 50% except where the Actor
elects to arrange for his own accommodations.
(D) Media Payment. For the right of the Producer to capture and use Reproductions
under Rule 57, TELEVISING, FILMING AND RECORDING, Producer shall make a
weekly 401(k) contribution as a media payment to each Actor. The contribution shall
equal 2% of minimum Actor salary.
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(E) Chorus Increments.
(1) Chorus Playing a Part. If a member of the Chorus is required to play a part,
speak lines, sing a song, or perform a dance that is individual in its character,
the Chorus shall be paid not less than 2.5% of minimum salary or $25.00
whichever is greater per week in addition to Chorus’ weekly contractual salary
for each such assignment or part, beginning with the first paid public
performance.
(2) Chorus as Understudy. All understudy assignments shall be shown on the
face of the contract or by rider and the Actor shall be paid from the date of
assignment or the first rehearsal, whichever is applicable.
(a) Understudy for Principal Role. If a member of the Chorus understudies
a Principal Role, Chorus shall be paid not less than 4% of minimum salary
or $40.00 whichever is greater per week for each such role in addition to
Chorus’ weekly contractual salary.
(b) Understudy for Chorus Playing Parts. If a member of the Chorus
(including Swings) understudies another member of the Chorus who is paid
for playing a part, speaking lines, singing a song, performing a dance that
is individual in its character, Chorus shall be paid not less than 2% of
minimum salary or $20.00 whichever is greater per week for each such
understudy assignment or part in addition to weekly contractual salary.
(F) Stage Fighting/Stunts. If the Fight/Stunt Director or Choreographer is not present
during the run of the production, a Fight/Stunt Captain must be selected within the
first week of fight/stunt rehearsals and paid not less than an additional 3.5% of
minimum salary or $35.00 whichever is greater per week from the beginning of that
week. [See Rule 54 STAGE FIGHTING.]
(G) Full Swings And Partial Swings.
(1) Full Swing. Full Swings will not be required under this contract (except as
provided in Rule 37, “PRE-BROADWAY”/PRODUCTION TRYOUTS) unless
the Production is going to tour (not applicable to transfers), in which case a Full
Swing of each gender must be employed from the first day of rehearsal.
Minimum Salary for a Full Swing is 5% of minimum salary or $50.00 whichever
is greater per week above the minimum salary. A Full Swing is defined as a
non-performing member of the Chorus who swings all or fewer than all chorus
performing Chorus numbers in the production.
(2) Partial Swing. If a member of the Chorus is designated to Swing a Chorus
number in a production, and is not hired solely as a Full Swing performer [see
48(G)(1) above], Chorus member shall receive not less than 1.5% of minimum
salary or $15.00 whichever is greater per week in addition to Chorus’ weekly
contractual salary for each such number so assigned.
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(3) If Full Swings are not employed, all chorus parts and specialties will be
assigned a chorus understudy not later than two weeks prior to the first paid
public performance. [See Rule 48(E)(2)(b) SALARIES, Chorus Increments.]
(H) Dialect Coach. If an Actor is asked to instruct others in speaking a dialect,
foreign language, or translates or interprets a script, he shall receive not less than
$65.00 per week.
(I) Overtime.
(1) Overtime shall be payable at the rate of $17.50 per one-half hour or part
thereof.
(2) If the rest period between the end of employment on one day and the
beginning of employment on the next day is invaded, it shall be paid for at oneand-one-half times the overtime rate.
(J) Salary Payment and Checks.
(1) Salaries shall be paid no later than the evening prior to the last banking day
of the week but in no event later than Thursday.
(2) The Producer may pay salaries by check only if facilities are made
immediately available for cashing said checks. In any event, no check or draft,
either of the Producer or of a third party, given to or received by the Actor in
payment of any sum under the Actor's contract of employment, shall operate to
minimize or affect the Actor's claim for salary or other compensation under the
Actor's contract.
(K) Contingent Compensation.
(1) No employment contract shall be entered into by the Producer or Actor
where in whole compensation is contingent upon receipts. In no case shall
compensation be contingent upon profits.
(2) In any contract of employment that provides that the Actor's compensation
shall be increased upon the gross weekly receipts reaching a stipulated
amount or amounts, the gross weekly receipts shall be based on an eightperformance week. All performances in excess of eight per week shall be paid
for pro-rata of the salary due according to the weekly grosses set forth.
(3) If the total gross receipts for all performances, including extra performances
within any week, shall reach an amount at which the Actor's salary is to be
increased, the Actor shall be paid for the first eight consecutive performances
at the rate of the gross receipts for those eight performances, and for the extra
performances he shall be paid at the higher rate which is based on the total
gross receipts for that week.
(L) Actual Salary. The actual salary of the Actor agreed upon shall be stated in the
contract and a lesser or fictitious salary shall not be stated in the contract. A rider to
the Actor's contract shall be issued if his salary is increased, provided any such
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increase shall be the result of bona fide renegotiation of the Actor's contractual
salary.
(M) Additional Duties. The Actor shall not be required to do any additional work for
which there is not a specified payment in this Rulebook without mutual agreement in
writing. Any additional duties assigned after Actor’s contract is signed shall be at the
specified rate in the agreement. Duties assigned to the Actor that are not defined in
this Agreement shall be paid at no less than $20.00 per assignment per week.
(N) Itemized Deductions. The Actor shall be provided with a breakdown of salary
deductions, additional payments and overtime with his weekly salary.
49. SECRET VOTE
(A) At all meetings of the Equity members of the company called by the Deputy or
the Stage Manager, the vote shall be by secret ballot.
(B) Should any situation arise where the Producer wishes the company to consider
any proposition not covered by the standard Equity contracts of employment or
Equity rules, the Producer shall notify the Deputy and the Deputy shall arrange a
meeting of the cast, which may be held at the theatre where the company is playing.
At such meeting or meetings, neither the Producer nor his representative shall be
present unless so requested by a majority of the cast but not in any event when a
vote is taken. Any proposed action by the cast shall not, however, be binding without
the written approval of Equity.
(C) The determination of Equity as to any issue arising under the above provision
shall be final and binding upon the Producer and each Actor.
50. SECURITY AND SECURITY AGREEMENTS
(A) Security Agreements.
(1) The provisions of any and all agreements relating to security deposited or
agreed to be deposited with Equity covering any employment under this
Agreement and any contracts of employment are hereby adopted and made
part of this Agreement and said contracts. This includes agreements on forms
now called “Bond,” “Security Agreement,” and “Producer's Statement.”
(2) It is of the essence of this Agreement and all contracts of employment and a
condition precedent to the engagement of the Actor that the Producer shall
have filed and maintained with Equity a satisfactory security as required by
Equity's existing Security Agreement and Rules.
(B) Posting of Security.
(1) A Producer shall be ineligible to employ Actors on Equity contracts unless
and until such Producer shall have furnished security in such amount and in
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such manner and form as may be satisfactory to Equity to insure the payment
of the claims of Actors against such Producer.
(2) No Actor shall work or be required to work or continue in the employment of
any person or Producer or any company, if and when Equity shall be
dissatisfied with the quality or amount of any security which may be offered or
given or requested by Equity to secure the payment of any claim, present or
future, of any Actor.
(C) Return of Security.
(1) After the company has closed, provided all claims and obligations required
by or arising out of this Agreement have been satisfied, the security deposited
with Actors' Equity shall be returned to the Producer six weeks from the receipt
of a written request for its return.
(2) The Producer shall have the option to designate the security in effect at the
end of a season as security for the next ensuing season by giving Equity
written notice to that effect.
(3) If Equity has a liquidated claim against a Producer at the end of the season
and the same is pending or noticed for arbitration, Equity shall withhold no
more than double the amount of the claim and release the rest.
51. SET MOVES
An Actor in character may, consistent with that character, set or move scenery or
props only in scenes in which the Actor enters or exits.
(A) Actor shall be paid no less than $10.00 per week for performing each set move
not in accordance with the above.
(B) Set or prop moves are not permitted that are inherently hazardous. These
include, but are not limited to, those due to: location on stage; weight of the set piece
or prop, construction, pyrotechnic or electrical effects; or, proximity to machinery or
to simultaneous movement of other scenery. Determination of whether a prop or set
move is inherently dangerous will be made by Equity in consultation with the
Producer.
(C) Also not permitted are set or prop moves which interfere with the normal work of
the Actor, or to which the Actor may be engaged to the exclusion of work normally
assigned to the Actor.
52. SICK LEAVE, ILLNESS, BEREAVEMENT, AND PARENTAL LEAVE
(A) Each Actor shall accrue one day of sick leave and/or bereavement leave for each
four weeks of employment.
(B) If questioned, the validity of the illness as a requisite for sick leave shall be
determined by a committee consisting of the Deputies, Stage Manager and a
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Producer's representative, and such determination shall be final and binding on the
Actor and the Producer.
(C) Should the illness of an Actor continue for two weeks or more after the Actor's
sick leave is exhausted, Equity shall, at the request of the Producer, have full power
to modify or terminate the Actor's contract upon such terms as it may consider just, if
it shall be satisfied that it will be necessary for the Producer to employ a successor.
(D) If the Actor cannot perform on account of illness, injury, or any other valid
reason, then the Actor shall not be entitled to any salary, except as provided above
or in Rule 27, INJURY AND SUPPLEMENTAL WORKERS’ COMPENSATION, for
the time during which said services shall not, for such reason or reasons, be
rendered.
(E) Parental Leave. The Producer agrees to abide by the prevailing State and
Federal laws regarding Parental Leave.
53. SOCIAL SECURITY - UNEMPLOYMENT INSURANCE
(A) It is understood and agreed that the Actor is entitled to the benefit of all Federal
and State enactments constituting what is commonly known and designated as
Social Security Acts or laws including Old-Age and Unemployment Insurance and
that the Producer during the term of this Agreement and all contracts of employment
shall pay any and all taxes or payments required to be paid by employers under the
provisions of said law. The Producer agrees to provide Social Security Benefits
under the elective provisions of the Social Security Law, if it is not required to
provide benefits under the law. In the event the services of the Actor are not subject
to the compulsory provisions of an Unemployment Compensation (Insurance) Law of
any State, then the Producer hereby agrees that it will elect to cover the Actor and
pay contribution on the earnings of the Actor under the elective provisions of the
Unemployment Insurance Law of the State of California and/or such other eligible
state as Equity may determine to be in the best interests of the majority of the Actors
employed by the Producer.
(B) In the event, however, the Producer is not eligible to elect to come under the
California State Unemployment Insurance Law and if Equity has not designated
another eligible state, then the Producer agrees to elect to come under the
Unemployment Compensation (Insurance) Law of the State where it has its principal
place of business, or of the State of the Actor's residence, or of the State where the
contract of employment was entered into.
(C) The Producer agrees to elect coverage and to pay contributions within the time
required by applicable state law. When such election is made to California State, the
Producer agrees to report the Actor by name, social security number and by
California address to the appropriate agency during the first week of the Actor's
employment and, in no event, later than the quarter in which the work is performed.
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(D) The Producer agrees to execute and file the necessary forms required by the
State Unemployment Compensation (Insurance) Law under which it has elected to
cover the Actor and shall notify the Actor of his election.
(E) Simultaneously with the posting of security, the Producer shall submit proof,
satisfactory to Equity, that it has applied for Unemployment Insurance Coverage,
and deliver a true copy of its application to Equity. The Producer warrants and
represents that it will not withdraw such application, nor modify or change it without
the written consent of Equity.
(F) In the event any Producer fails to apply for Unemployment Insurance Coverage
or withdraws or modifies any application for such coverage without the written
consent of Equity, or fails to elect coverage within the time required by applicable
state law, or fails to pay the required insurance contributions to the appropriate state
agencies within the time required, the Producer in that event must pay to the Actor
the equivalent of any Unemployment Insurance Benefits the Actor may lose as a
result thereby. This obligation shall survive the termination of the Actor’s contract of
employment.
(G) Equity may require the Producer to furnish satisfactory evidence that it has
obtained and maintained maximum Unemployment Insurance Coverage for Actors
employed by it in accordance with this rule. If Equity is not so satisfied, it may retain
the Producer's Security (Bond) as a fund against claims.
54. STAGE FIGHTING
The following regulations shall be followed whenever a production requires an Actor
to engage in stage fighting/stunts, with or without weapons, and/or choreographed
movements such as falls, throws, or tumbling, as it pertains:
(A) No Actor shall be required to participate in stage fighting unless the Actor has
agreed to same by means of a signed rider.
(B) If the Fight/Stunt Director or Choreographer is not present during the run of the
production, a Fight/Stunt Captain must be assigned. The function will require an
additional payment of 3.5% of minimum salary or $35.00 whichever is greater per
week if an Actor is so assigned.
(C) All Actors who participate in a fight/stunt shall run through the routine during the
15 minutes prior to half-hour. Any exception to this rule shall be at the express
discretion of the Fight/Stunt Captain. Such run-throughs are permitted to impinge
upon the regular breaks and/or hours
(D) If performing members of the company are required to rehearse fight(s)/stunt(s)
with understudies and/or replacements, it must be during regular rehearsal hours.
(E) Proper first-aid information and equipment shall be made available to the
Fight/Stunt Captain.
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(F) The Fight/Stunt Director or Choreographer and/or Fight/Stunt Captain shall
consult with all other artistic personnel to achieve the optimum degree of safety
regarding the choreography, playing area, and equipment used.
(G) Understudies and replacements shall be rehearsed by the Fight/Stunt Director or
Fight/Stunt Captain. Performing members of the Company shall rehearse stage
fighting/stunts with understudies and replacements during regular rehearsal hours
under the direction of the Fight/Stunt Director or the Fight/Stunt Captain at least
once prior to the understudy or replacement Actor’s performance in any role.
(H) Firearms. Whenever firearms are used in a production, there shall be a safety
demonstration conducted by a qualified individual for the entire company, prior to the
first paid public performance or use of firearms in rehearsal, whichever occurs first,
which demonstration time shall be counted as rehearsal time. Thereafter, safety
demonstrations and/or instructions shall be required for all affected replacement
Actors as well as Swings and Understudies, before their first paid public
performance, which demonstration time shall be counted as rehearsal time. For any
production that runs eight weeks or longer, a brush-up safety demonstration and/or
instruction shall be required. Any and all modifications to firearms shall be done by a
licensed gunsmith.
The Producer agrees that all applicable State and Federal guidelines will be
followed whenever firearms are used in a production.
55. STAGE MANAGERS AND ASSISTANT STAGE MANAGERS
(A) Stage Managers.
(1) A Stage Manager shall be the individual who is assigned to and is primarily
responsible for a specific production or productions.
(2) It is agreed that the Stage Manager's responsibilities require full time
attention. The Stage Manager shall not function in areas that impinge upon the
duties of a Stage Manager.
(3) There shall be no less than one Stage Manager employed in each company
and each production must be assigned a Stage Manager who shall be primarily
responsible for the stage managerial functions.
(4) Each Stage Manager shall be engaged and receive contractual salary
beginning at least one week prior to any rehearsals for each production of the
season unless already under contract.
(5) If the Producer terminates the Stage Manager's employment, said Stage
Manager may not be re-engaged or replaced in the same season at a lesser
salary.
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(B) Assistant Stage Managers.
(1) An Assistant Stage Manager is the individual who is assigned to assist the
Stage Manager(s) on a specific production or productions. An Assistant Stage
Manager may not be assigned the primary responsibility for a production. No
Actor already under contract may be assigned as Assistant Stage Manager in
the same production.
(2) There shall be at least one First Assistant Stage Manager for each
production. When a production tours, there will be no less than one Stage
Manager and two Assistant Stage Managers. [See Rule 59(A)(8) TOURS.]
(3) The First Assistant Stage Manager shall be engaged prior to the start of
Equity rehearsals for at least 3 days and receive not less than 1/6th of
contractual salary for each day worked.
(4) Producer agrees, upon consultation with the Stage Manager(s) and Equity,
due to technical complexities, safety issues, and/or cast size, to consider hiring
an additional Stage Manager.
(C) No Stage Manager shall perform pre-production work without a signed contract.
When a Stage Manager is called to perform services for a production either prior to
or after the period of employment, he shall be paid no less than 1/6th of the weekly
contractual salary per day or the applicable overtime rate for each hour worked. Any
call over the three hours in duration shall be paid at the rate of 1/6th of weekly
contractual salary.
(D) The Stage Manager and the First Assistant Stage Manager may not act. When
two Assistant Stage Managers are required, the Second Assistant Stage Manager
may not act, understudy, or swing, without prior written consent from Equity.
(E) Working Conditions for Stage Managers and Assistant Stage Managers.
(1) Whenever any members of the cast are called, the Stage Manager or
Assistant Stage Manager shall be called.
(2) A Stage Manager or Assistant Stage Manager must be present at all
rehearsals and on the deck or in communication from the booth with all
backstage areas during all performances, run-throughs, technical rehearsals,
and dress rehearsals.
(3) In addition, if the show is run from a booth, a Stage Manager or Assistant
Stage Manager must be in communication from said booth with all backstage
areas during all performances, run-throughs, technical rehearsals and dress
rehearsals.
(4) Under no circumstances shall anyone other than the Stage Manager or
Assistant Stage Manager “be on book” calling the cues of a production.
(5) Meal breaks shall be the same intervals as for actors, but not necessarily at
the same time. If the Producer requires the Stage Manager or Assistant Stage
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Manager to work during the meal break, including, but not limited to, work
which is necessary in order to enable a rehearsal to resume properly and
appropriately on time, the Producer shall provide the Stage Manager or
Assistant Stage Manager with a meal and pay a minimum of one hour of
overtime.
(6) The rest period between the end of employment on one day and the
beginning of the next shall be ten hours. During the four days preceding either
the first public performance or the opening but not both, the rest period shall
not be less than nine hours. Until such time that the ten or nine hour rest period
is given, whichever is applicable, the Stage Manager and/or the Assistant
Stage Managers whose rest periods have been violated shall be compensated
at the overtime rate. The overtime payment shall continue until the applicable
rest period is given.
(7) If the Stage Manager and/or Assistant Stage Manager is called by the
Producer on the day off, he shall receive an additional 2/6ths of weekly
contractual salary.
(8) All rules for Actors pertaining to rehearsals, performances, overtime,
breaks, rest periods, days off and travel time shall also be applicable to Stage
Managers and Assistant Stage Managers except where expressly stated
otherwise.
(9) If the Stage Manager and/or Assistant Stage Manager rehearse(s) and/or
perform(s) with Actors hours which would have given an Actor overtime had the
Actor rehearsed and/or performed those same hours, the Stage Manager
and/or Assistant Stage Manager shall receive the overtime compensation that
would have been due the Actor.
(10) The following activities are prohibited and a Stage Manager or Assistant
Stage Manager shall not accept responsibility for the following:
(a) Having contracts or riders signed or initialed; or performing any other
function that normally comes under the duties of the General Manager or
Company Manager (which is not to preclude delivery of a sealed envelope
addressed to the individual Actor/Stage Manager).
(b) Signing the closing notice of the company of the individual notice of an
Actor upon termination of contract (which is not to preclude posting of all
closing and other permanent company notices).
(c) Doing the payroll or distributing payment, including, but not limited to
salary and per diem.
(d) Doing building maintenance, janitorial, custodial or house management
work.
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(11) The Stage Manager or the Assistant Stage Manager shall not be required
to transport any employees of the Producer, including, but not limited to,
Actors, directors, and designers, to appointments, performances, or rehearsals.
(12) The Stage Manager and/or Assistant Stage Manager shall not be required
to order or distribute food for the Company, arrange living accommodations, or
do building maintenance, janitorial or custodial work.
(13) It shall not be a condition of employment that any of the Stage Managerial
Staff own a motor vehicle.
(14) Stage Managers and Assistant Stage Managers shall not be required to
perform the following unless they are contracted and compensated separately
from the Equity contract; if a separate, written contract is made, a copy of such
contract shall be forwarded to Equity:
(a) Design, build, hang, transport, operate, shift, run, shop for or maintain
lights, sound, scenery, props, video, wardrobe, animals, etc.
(b) Arrange living accommodations
(c) Order or distribute food for any members of the production.
(d) Be responsible for any aspect of transportation or be responsible for the
maintenance of any vehicle.
(e) Be responsible for any aspect of laundry or dry cleaning.
(f) Be responsible for setting up stage managerial tech tables for technical
rehearsals.
(15) Tech Week Bump-Up. The Stage Manager and Assistant Stage Manager
shall receive an additional single payment of 1/6th of the WCLO minimum
salary in the week including the first paid public performance.
(16) Experience Required. Because of the responsibilities of the Stage
Manager for the success of the production and safety of the Actors, the
Producer will use Producer’s best efforts to employ a person who is
experienced in theatrical stage management. [See Rule 14, CONTRACT.]
(17) The Stage Manager will receive overtime any week in which he exceeds
the maximum hours allowed the Actors by more than 15 hours in rehearsal,
non-rehearsal and/or performance duties. In the week when the majority of “10out-of-12” rehearsal hour days occur, said hours shall be increased to 20.
Nevertheless, any time an Actor receives overtime, the Stage Manager shall
also receive overtime.
(18) When working the allowed “10-out-of-12” rehearsal hour days prior to the
first paid public performance, any Stage Manager or Assistant Stage Manager
living more than 35 miles from the theatre will be provided with housing.
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(F) Production Script.
(1) It is agreed that it is the duty of the Stage Manager to assemble and
maintain the production script required for the actual technical and artistic
operation of the production and that the production script remains the property
of the Producer.
(2) No member of the Stage Managerial Staff will be required to prepare any
additional production script or book for publication or archival purposes or for
use in any other production of the play or musical.
(3) In the event the Producer requests in writing any member of the stage
managerial staff to prepare an additional Production Stage Manager script or
alter same for any of the above purposes he may agree provided that he is
paid no less than one week’s contractual salary for each such preparation.
56. SUBSIDIARY RIGHTS
(A) Should an Equity Showcase or Los Angeles 99-Seat Theatre Plan Production be
produced under this contract within five years of its last performance as a Showcase
or Los Angeles 99-Seat Theatre Plan production, all Equity members engaged in
such production must receive a written bona fide offer to perform the same role or
function(s) for which they were engaged in such production. If such bona fide offer is
not made, the Actor shall be compensated in the amount of four-weeks minimum
Production Contract salary. If more than one such production has been produced
within five years, the Producer shall be responsible hereunder only to the cast of the
first such production.
(B) If an Actor accepts a role or function in the production different from the one the
Actor performed in the Showcase or other such production, Actor may agree with the
Producer to waive the payment required under this rule.
(C) This provision is not applicable where the subsequent production under the
WCLO Agreement is not the first standard Equity contract presentation of the play
within five years of the Showcase, or other such production, provided the intervening
contract presentation has satisfied the applicable conversion rights clause.
57. TELEVISING, FILMING AND RECORDING
(A) Except as provided below, there shall be no televising, broadcasting, visual
and/or sound recording, motion picture filming, video taping, or other mechanical or
electronic or evolving digital means or other substantially similar current and
evolving methods of reproduction (hereinafter “Recording or Capture”) in whole or in
part, of any production, including rehearsals, in which Actors are employed under
the terms of this agreement without the express permission of Equity and under
terms and conditions established by it. Reproductions may not be used for note
sessions with Actors, as a replacement for rehearsal, or to discipline Actors. This
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rule shall also apply to any Reproduction made within a period of 16 weeks following
the final performance of the production.
(B) Reproduction for Broadcast by a Non-Profit Educational Broadcast Station. A
Reproduction, in whole or in part, of a production in which Actors are employed
under the terms of this agreement may be made for local broadcast by a non-profit
educational broadcast station under the following terms and conditions:
(1) The Actor must give his consent in writing and Equity must be notified in
advance.
(2) Each Actor of the cast (including Stage Managers, Dance Captains,
Understudies and Swings) shall receive one week's salary at the applicable
minimum in addition to all compensation required under the appropriate SAG or
AFTRA contract for such work, provided that such additional compensation
shall not be less than that required under the AFTRA/EBC agreement.
(3) If the Reproduction takes place outside the theatre and the Stage Manager
and/or Dance Captain performs any services related thereto at the request of
the Producer, he shall, in addition to all other payments under this rule, be paid
an additional 1/6th of his weekly contractual salary for each day or part thereof
so employed.
(4) Where the Reproduction occurs in the theatre, there may be no cast
changes other than those that might normally occur during the course of the
play's run. Where the Reproduction occurs outside the theatre, each Actor
appearing in the theatrical production must be offered the same role for the
Reproduction and may be free to negotiate terms and conditions under his
agreement satisfactory to him, unless the Actor does not wish or is unable to
appear in the Reproduction.
(5) In the event that during the run of the theatrical production more than one
actor has contracted for and appeared in a particular role (exclusive of Actors
who may have appeared only in an understudy capacity) the employer shall be
free to choose such Actor as he wishes for the Reproduction. In the event the
Reproduction is produced outside the theatre and is altered in such fashion as
to delete one or more roles, the Actors who had played such roles shall
nevertheless be compensated in accordance with 57(B)(2) above.
(6) Notwithstanding the work schedule permitted under the AFTRA and/or SAG
agreements, the Actor must have no less than a two-hour rest period prior to
the half-hour call at the theatre.
(7) Showing over additional outlets is prohibited unless the terms shall first
have been negotiated and agreed to by the Producer, Equity and the Actor.
(C) Broadcasts. Subject to the conditions listed herein, captured material of the
production may be used as part of a feature story on the production, the Theatre or
the arts or any of the artists connected with the production on international, national,
state, and local news, arts and arts award broadcasts (provided Actor is signed to
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the appropriate AFTRA/SAG contract when applicable), broadcast reviews of the
production, talk and entertainment programs, community affairs broadcasts,
community service programs, and media projects for people with disabilities. All of
the foregoing shall include, but not be limited to, programs broadcast on radio,
network and cable television, and the Internet.
Subject to the conditions listed below, capture may be made of rehearsals and
performances for the uses listed above. Producer may also capture interviews,
backstage footage, other non-rehearsal/non-performance footage, and promotional
and publicity events (together “Additional Footage”), which must be voluntary.
(1) During a rehearsal:
(a) Starting with the first day of rehearsal through the official opening, or
one week following the first paid public performance, whichever is earlier,
regularly scheduled rehearsals may be captured for up to four consecutive
hours per day, one day per week. Any capture or part thereof shall
constitute a full four-hour block.
(b) The Stage Manager shall file a report with Equity giving the time utilized
for the capture. Said report shall be initialed by the deputy(ies). Upon
contemplation of capture during a rehearsal, the Producer shall make every
reasonable effort to give the cast 24-hours’ notice.
(c) If the time of capture is changed, the Producer shall notify the cast of
such change and of the rescheduled time.
(2) At a Performance:
(a) An entire performance may be captured only by the Producer or a third
party directly engaged by the Producer, provided the Producer maintains
ownership of all captured material. In the event the Recording is unusable
or there is a cast change, another Recording of an entire performance may
be made.
(b) If possible, the cast must be given 24-hours’ notice of the capture of an
entire performance or any part thereof.
(c) The cast must be given notice at the half-hour call of the capture of an
entire performance or any part thereof.
(d) No additional or altered lighting may be used. It is intended that in
permitting such capture, neither the Actor nor the audience shall be
disturbed in any manner.
(3) Additional Footage.
(a) The Producer’s intent is to show the Actors in the best possible light.
(b) The Actor’s written permission is required at time of capture for costume
fittings/changes and warm-ups. There may be no capture of nudity.
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(c) There is no time limit on the capture or use of additional footage.
(4) Provisions Applicable to both Performance and Rehearsal:
(a) No more than fifteen (15) minutes of edited performance and/or
rehearsal footage per production captured by the Producer or a third party
directly engaged by the Producer shall be used. The edited
footage/material may depict an entire scene or musical number.
(b) A news organization or media company may only capture up to 30
minutes of rehearsal and up to 30 minutes of performance per production.
No more than three minutes of edited performance or rehearsal footage
that is captured by news organizations or media companies may be
broadcast. Such broadcast may not depict an entire scene or musical
number.
(c) An Equity Stage Manager is required at every capture session.
(d) For any violation hereof other than violations of unauthorized
subsequent use of the film or tape, the Producer shall pay one-week’s
contractual salary or Production Minimum, whichever is greater, to each
Actor whose rights have been breached hereunder. Such payments shall
not preclude any right in law or equity, civil or criminal, that arises under a
breach of this rule, which the Actor or Equity has against the Producer or
any third party.
(D) Non-Broadcast. Subject to the conditions listed herein, a Recording may be
made for non-broadcast promotion, publicity, marketing, public relations, fund
raising, audience development, education, prize, award, and festival applications,
and/or civic, state, and national promotion.
Actors employed in a production under the terms of the Agreement may participate
in the capture of material for use by the Producer for the aforementioned purposes
under the following terms and conditions:
(1) All capture of performance and rehearsal must occur in accordance with
Rule 57(C).
(2) The Producer shall receive no compensation for the exhibition of any
material captured under the terms of this provision.
(3) The Producer will provide Equity with the opportunity to view the completed
Recording.
(4) The edited Recording under the terms of this provision may constitute up to
25% of the captured material but in no case more than a total of 15 minutes of
performance and/or rehearsal. The edited Recording may depict an entire
scene or musical number.
(5) There is no time limit on the use of Additional Footage.
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(6) In the event the Producer wishes to submit a reproduction of an entire
performance to private or public grant-making institutions, to apply for prizes or
awards, or fulfill festival application requirements, the Producer may make a
Reproduction of the production for this sole purpose(s) and shall notify Equity
at the time of submission. Any such reproduction made under this Rule shall be
encoded with warnings at regular five-minute intervals that state the following:
THIS FOOTAGE IS FOR GRANT REQUEST PURPOSES ONLY AND MAY
NOT BE SCREENED FOR ANY OTHER PURPOSE. UNDER NO
CIRCUMSTANCES MAY THIS FOOTAGE BE DUPLICATED. Any reproduction
made under this Rule must also include the Equity logo and identify that Actors
in the production include members of Actors’ Equity Association.
(7) The provisions of this section are not intended to allow Recording for the
creation of television commercials and may not be used in such commercials.
(8) The Producer may retain and use Recordings made under this rule for as
long as the Producer operates under the WCLO Agreement, after which the
Reproduction shall be transmitted to Equity to be destroyed.
(9) The Producer will maintain control and ownership of all material recorded
and will ensure that it is used for no commercial purposes whatsoever.
(E) TV and Radio Commercials. The Actor may make a television or radio
commercial of one minute or less, using material from the production, provided the
Actor receives no less than the AFTRA or SAG minimum for such work. When a
Stage Manager or Dance Captain is required to do any work in connection with a TV
or radio commercial the Producer shall pay no less than the applicable SAG or
AFTRA minimum of a Principal (on camera) to the Stage Manager. Actors and Stage
Managers must be signed to the applicable AFTRA/SAG code. In the event a local
AFTRA/SAG office waives jurisdiction, the applicable AFTRA/SAG rate must be paid
to the Actors and Stage Managers.
The above notwithstanding, Equity will permit the Signatories to this Agreement to
utilize film, videotape, or still photos of the specific production which has been shot
at the Signatory’s theatre under the provisions of 57(C) above, to be used in the
production of a commercial of up to one minute to promote the specific production at
the Signatory’s theatre.
In this instance only, Equity shall not require additional compensation to be paid to
the Actor(s) for such usage, providing the following conditions are met: (1) the
footage was shot during a regularly scheduled rehearsal or performance; (2) all the
provisions of 57(C) above are strictly in force; and (3) the applicable office of AFTRA
and/or SAG concurs. Any commercial made under this provision may be used only to
promote the specific production at the Signatory theatres.
(F) Cast Album. A Cast album may be made under this agreement. All Actors &
Stage Managers involved in the recording of a “cast album” must be signed to an
Original Cast Album Rider provided by Equity. The Producer agrees that any Actor
who sings or verbalizes in the production in any number, plus the Stage Manager,
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shall be employed on the appropriate AFTRA contract for the recording of said
album and shall receive not less than one week’s contractual salary for each day or
part thereof so employed except as provided in paragraph 1, below. Such cast album
shall accord credit to each Actor appearing in the production at the time the
recording is made, whether or not the Actor performs on the recording.
(1) In the event the Producer wishes to schedule half-day recording sessions
after the first day of recording and pro-rate payments for said half-day
sessions, the Actor shall receive not less than one-half of the Actor’s weekly
salary, up to a cap of 250% of the Production contract minimum salary, or the
AFTRA rate, whichever is higher, for each day that the Actor is employed for
four hours or less and each Actor shall receive a pro-rata share of 20% of all
monies derived by the Producer from the exploitation of the album. (Note: In
the event the Producer does not elect this pro-ration formula, the Actors will
share in the standard 15% of monies derived by the Producer. Terms for Actor
participation on the Producer’s 15%/20% are identified in the Original Cast
Album Rider.)
(2) Producer shall give Equity not less than 72-hours notice (inclusive of at
least two business days) prior to such recording.
(3) If, during the recording of a cast album, one or more singers who are not
members of the Equity cast are engaged, then Swing singers and Understudies
assigned to singing parts who are not engaged to record the cast album shall
share equally in an amount equal to the average contractual salary of said
Swings and Understudies multiplied by the number of employment days of such
supplementary singers.
(4) For cast album recordings only, there shall be not less than a 10-hour rest
period between an evening performance and a morning recording call. There
shall be a break of one-and-one-half hours (one hour if a meal is provided)
between the recording session and rehearsals or performances scheduled
under the Equity Agreement. Recording sessions may not be scheduled on two
performance days. Application of this rule may not reduce breaks or rest
periods required by the AFTRA contract.
(G) This rule shall apply in all instances irrespective of the use made of such
Recording, the method employed in obtaining same, or the length or character of the
"part" of said production so reproduced.
(H) Nothing contained herein shall negate or minimize the Actor's right to negotiated
payments for any Recording. If the minimum payments herein required for any
Recording should be less than the minimum rate required by the American
Federation of Television and Radio Artists or the Screen Actors Guild for such work,
then the Actor shall receive not less than the AFTRA or SAG minimum. Overtime,
residuals or any other additional payments that may become due the Actor are not
included in the minimums specified herein.
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(I) The Actor shall not knowingly participate in any Recording except under the
circumstances set forth above or unless Equity otherwise consents thereto in writing.
(J) Closed Circuit Television. It is not intended that this rule apply to closed circuit,
pay television, or the making of cassettes or other audio-visual reproduction for
public sale or distribution, and the Producer agrees that there will be no closed
circuit, pay television or the making of cassettes or other types of audio-visual
reproduction of the production without prior negotiations and agreement with Equity
as to the payments and working conditions for said Recording.
(K) Web Sites and Other Platforms. Up to a total of 15 minutes of edited rehearsal
and/or performance footage per production (which may depict an entire scene or
musical number), as well as unlimited Additional Footage, may be used as follows:
(1) On Websites of the Producer (including third party hosting sites); not-forprofit arts and tourism-related agencies of the city, county, state and intra- and
inter-state region in which the Theatre is located; local Rotary, Chamber of
Commerce and local not-for-profit “booster” organizations; media web sites;
arts calendar websites (such as Playbill.com); third-party promotional and
ticketing services (e.g., Theatremania.com, Ticketmaster, WebTix.com);and
not-for-profit Arts service and Arts promotion organizations (e.g. Actors' Equity
Association, Theatre Communication Group, Americans for the Arts).
(2) On Websites of sponsors and/or supporters of the Producer, provided:
(a) The Actor’s likeness is used solely to acknowledge the sponsorship or
support and is not in any way used directly or indirectly to endorse the
sponsor or a specific product of the sponsor;
(b) At the time of contracting, the Producer solicits from the Actor any
current or potential professional conflicts that may limit the use of the
Actor’s image on the sponsor or supporter’s web site, and the Producer,
based upon the Actor’s written notification, does not use the Actor’s image
in any way that may pose conflicts;
(c) The footage is not used for more than two years from commencement of
the Actor’s individual employment contract. The Actor may negotiate a
lesser time period;
(d) The Producer shall indemnify the Actor against any breach of an Actor
exclusivity clause when such breach is a result of the use not authorized by
this Rule, 57(K)(2);
(3) Promotional and publicity recordings may be delivered through the following
platforms, including but not limited to: mobile technology (including but not
limited to cell phones), sales kiosks, lobby loops, podcasts, wallpaper, and
video e-blasts. Producers may also use and provide materials captured
hereunder through other substantially similar deliver platforms that are
currently available or as they may evolve.
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(4) For all usage authorized by this Rule 57(K), the Producer’s ticket sale
information may be presented on the same “page” as the Recording. If voiceover or other live actor work performance is required, in addition to the
permitted performance footage, the applicable AFTRA/SAG Agreements shall
apply to such voice-over or other work.
(5) The above time restrictions apply per distribution point, not per delivery
platform. Thus, a permitted Recording may be used on a number of different
web sites, not just one Recording for the entire web.
(6) Recordings may be changed on an individual distribution point (e.g., a
single web site) as often as the Producer wishes provided the total amount of
material on that distribution point at any one time adheres to the time
limitations set forth above.
(7) Use of footage for any purpose other than specified above is strictly
prohibited. For any violation under this rule, the Actor shall be paid no less
than two weeks’ contractual salary in addition to any AFTRA or SAG amounts
that may be due.
(L) Filming, Taping or Recording for Use in the Production. [See Rule 41,
RECORDINGS (Use in Production).]
(M) Captured Material For Use By Visual/Audio Interpreters
(1) The Producer may make an audio or video Recording or may use material
captured/ recorded under Rule 57(C) for the sole purpose of assisting
interpreters for the hearing or visually impaired (hereafter referred to as
”Interpreters”). Under no circumstances may any such Recording, in whole or in
part, be used for any commercial or non-commercial purpose, except as
expressly provided herein, without the written consent of Equity and pursuant
to terms established by Equity.
(2) Capture will take place during one regularly scheduled rehearsal or
performance of each production. There may be no special calls and no special
staging for the capture.
(3) The Actors shall be given at least 24 hours’ notice of any capture
hereunder.
(4) No copies of the Recording shall be permitted. The Reproduction will be
adequately secured by the Stage Manager or the Interpreter to insure its
integrity. Under no circumstances may anyone other than the Interpreter listen
to or view the Recording.
(5) After the stated purpose has been accomplished, the Recording will be
surrendered to Actors' Equity Association, accompanied by written certification
signed by the Producer, the Stage Manager and the interpreter that no copies
of the Recording exist.
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(6) Any breach of the terms set forth herein shall render the Producer liable for
breach penalty payments of not less than two weeks’ salary for each Actor
affected plus any applicable AFTRA or SAG rates.
(N) Additional Terms.
(1) Material may not be used to promote a non-Equity production.
(2) The Producer may furnish captured material to a commercial producer, for
promotional and publicity purposes only, provided the commercial producer
makes additional payment to each Actor as negotiated by the commercial
producer with Equity.
(3) In the event captured material is used to promote a season that includes
any non-Equity production, the captured material must indicate that the Actors
and Stage Managers are represented by Actors' Equity Association.
(4) In the case of shared material, terms of use shall be governed by each
presenting Producer’s Equity Agreement.
(5) Equity may obtain and use footage from any production (including closed
productions) for purposes of promoting and branding Equity provided Equity
credits both the Producer and the production.
(O) Media Payment. See Rules 48(D) SALARIES and 35(B) PENSION AND 401(k)
PLAN.
(P) Personal Appearances. When an Actor is asked to perform as part of a personal
appearance and when that performance comes under the jurisdiction of the
American Federation of Television and Radio Artists/Screen Actors Guild, the Actor
shall be paid no less than the applicable AFTRA/SAG minimum. When the Stage
Manager and/or Dance Captain is asked to do any work in connection with said
performance, the Stage Manager and/or Dance Captain shall be paid no less than
the applicable AFTRA/SAG minimum for a Principal (on camera) in lieu of any other
payment due under the terms of this Agreement.
58. TERMINATION
(A) It is the essence of all employment contracts that all notices thereunder,
company and individual, must be in writing. Copies of all notices must be filed with or
mailed to Equity forthwith by the party (Actor or Producer) giving notice. Full power is
reserved to Equity to grant relief from this rule where, in its opinion, the person or
persons to whom notice was not given has not or have not been misled or injured.
(B) Notice.
(1) All formal notices given either by Producer or Actor must be given in written
form. All notices to the Producer may be given to the Producer personally, or in
a sealed envelope to the Company Manager or Stage Manager. Notice to the
Actor must be given to the Actor personally in writing unless the Actor is not at
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the theatre location, in which case it may be given by registered or certified
mail, telegram or facsimile to the Actor’s last known address.
(2) All communications which refer to the company in general shall be posted
upon the callboard.
(C) Notices of termination or closing given at or before the end of the performance
on Monday night, effective at the end of the Saturday night of the week following
shall be deemed two-weeks’ notice. If the company's playing week is Tuesday
through Sunday, substitute Tuesday and Sunday for Monday and Saturday,
respectively, in the foregoing sentence. In either case, the Actor's final day of
employment shall be a Saturday or Sunday, depending on the Theatre's
performance schedule.
(D) Just Cause.
(1) No Actor may be terminated except for “just cause.” If requested by the
Actor, the Producer must furnish the reasons for dismissal to the Actor and
Equity in writing within two weeks of such request. Equity may then investigate
the basis for any discharge. If Equity desires to challenge any discharge, then
the matter shall be submitted to arbitration in the manner provided in Rule 4,
ARBITRATION. This provision shall not apply until one week after the press
opening performance of each production but in any event no later than two
weeks after the first public performance of each production.
(2) In the event “just cause” is not found, the arbitrator’s award shall be limited
to monetary damages, which shall not exceed the balance of the unexpired
term of the Actor’s original engagement less any monies paid in lieu of notice
and any monies earned under another Equity contract during the period.
(E) Standard Termination.
(1) Before and During Rehearsal.
(a) Any Actor earning no more than $1000.00 per week may terminate
without penalty at any time prior to two weeks before rehearsals
commence. An Actor earning more than $1,000.00 but not less than
$2,000.00 per week may terminate without penalty at any time prior to four
weeks before rehearsals commence. An Actor earning $2,000.00 or more
per week may terminate without penalty at any time prior to six weeks
before rehearsals commence.
(b) The Actor may not give notice of termination within two weeks of the
fixed first rehearsal date or during the rehearsal period, except with
Equity’s consent.
(c) The contract may be terminated by the Producer before the first paid
public performance by giving written notice to the Actor and paying Actor
forthwith a sum equal to two-weeks’ contractual salary plus any rehearsal
salary due.
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(2) Individual Termination After First Paid Public Performance. Either party may
terminate the contract at any time on or after the date of the first public
performance by giving the other party two-weeks’ written notice. For Actors
earning more than $1000.00 per week or more, a rider to the contract may
specify a guaranteed period of employment of up to four weeks. No notice may
be given by either party to become effective during the guaranteed period. If
employment continues past the guaranteed period, either party may terminate
the contract by giving the other party two-weeks’ written notice. If the contract
is terminated by the Actor, the Actor shall to pay his own fare back to the place
of engagement.
(3) Pregnancy and Adoption. A Stage Manager and/or Assistant Stage
Manager will not be terminated because of pregnancy or adoption during the
term of the contract. The Stage Manager and/or Assistant Stage Manager shall
remain on contract without pay or accrual of benefits until he or she is ready to
return to work. The Stage Manager and/or Assistant Stage Manager must give
the Producer the same amount of notice of his or her intent to return as the
notice of termination contained in the replacement Stage Manager’s or
Assistant Stage Manager’s contract.
(F) Closing Company.
(1) The Producer may close the company by posting two weeks written notice,
provided the Actor receives not less than the minimum employment and/or
payment guaranteed under the Actor’s contract.
(2) A company closing notice shall supersede any individual notice then
outstanding.
(G) Payment When Actor Is Not Allowed to Work Out Notice. If the Actor is not
allowed or required to work out any notice properly given under the Actor’s contract,
the Actor shall be paid immediately upon the giving of notice and he may forthwith
accept other employment.
(H) Additional Payments. If individual notice of termination is given by the Producer,
it agrees to pay the Actor in cash the amount of the cost of transportation of the
Actor and his baggage back to the place of engagement, whether the Actor returns
immediately or not. However, if, at the time notice is given, the Producer already
possesses the requisite tickets, it may give the Actor said tickets in lieu of cash.
(I) Rights After Giving Notice When Actor Secures New Engagement. Should either
party give the other notice and should the Actor have or secure a new engagement,
the Actor shall be permitted to attend rehearsals under the new engagement as may
be necessary and as do not conflict with the Actor’s performances under the Actor’s
then existing contract.
(J) Military Service. If the Actor is called to report for Military Service, the Actor may
terminate Actor’s contract by giving the Producer as much notice as the
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circumstances will permit, and the Producer agrees to pay the Actor’s transportation
expense to return home.
59. TOURS
(A) When an Actor is signed to one contract by one of the Producer’s for multiple
engagements of a single continuous production, it is considered a tour. Re-blocking
to accommodate a new stage is not considered as essentially affecting the original
direction. In such a tour, all performers must be under Equity contract from first
rehearsal.
(1) In addition, Producer may tour productions on the WCLO contract to any
future non-profit venue that the Producer may acquire or manage for the
duration of this contract.
(2) If any production is toured to or from a location using a contract or
agreement other than the WCLO Agreement, Equity shall be consulted and
determine conditions (without limitation) consistent with that of continuous
employment in order that Actor’s benefits, salary and work rules shall be
protected in the transfer to or from the WCLO Agreement. It is the intent of this
rule to ensure that rates and conditions are not undercut from one Equity
contract to another and conversely, this rule will not be used to secure rates
and conditions higher than those already mandated by the contract with the
higher minimums.
(3) When first class rights are held by another entity in accordance with the
definition in Rule 37, “PRE-BROADWAY”/PRODUCTION TRYOUTS, Rule 59,
TOURS and Rule 60, TRANSFERS, do not apply.
(4) When tours are planned under this Agreement, the Producer will submit the
itinerary to Equity prior to signing contracts with Actors. The purpose of this
provision is to ensure that the tour will not undercut conditions in Theatres
normally providing higher conditions. In the event that such a venue is included
in the itinerary, the Producer and Equity will negotiate in good faith, conditions
for that venue.
(5) The Actor shall work only at the Producer’s theatre unless otherwise
specified in his contract.
(6) The Producer agrees to indicate, on the face of the contract or in a rider the
dates of an overnight tour, if known.
(7) In no event may the total number of hours of employment of an Actor on a
day of a tour (including but not limited to any rehearsals, rest periods,
performances, and transportation to and from the place of performance) exceed
10 consecutive hours. The requirements of Rule 42, REHEARSAL,
PERFORMANCE, AND OTHER WORK RELATED RULES, shall still apply.
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(8) A Second Assistant Stage Manager must be employed on any production
that tours. [See Rule 55(B)(2) STAGE MANAGERS AND ASSISTANT STAGE
MANAGERS.]
(9) A Full Swing of each gender must be employed on any production that tours
(not applicable to transfers). [See Rule 48(G)(1) SALARIES, Full Swing.]
(B) Housing.
(1) Whenever the company performs away from the Theatre on a tour on the
same contract, the Producer shall be responsible for securing hotel
reservations. Actors will be offered a choice of suitable single occupancy
rooms in accordance with Rule 26(A)(1), HOUSING, two weeks prior to the
performance. Within one week thereafter the Actor shall indicate the Actor’s
acceptance, or the Actor’s preference to arrange for the Actor’s own
accommodations. Unless the Actor notifies the Producer of the Actor’s
acceptance of such accommodations, the Producer shall be relieved of further
responsibility. If the Actor has complied with this requirement and does not
receive accommodations upon arrival, the Actor shall not be required to
rehearse or perform until such accommodations are forthcoming. However,
should circumstances beyond the Producer's control (such as a hotel
confirming a reservation and its not being available on the arrival of the Actor)
make it impossible for the Producer to provide such accommodations, the Actor
shall not avail himself of this right. If the Actor refuses to accept
accommodations that the Actor has requested and obtained through the
Producer, the Actor shall pay for one night's accommodation.
(2) Except where the Actor elects to arrange for the Actor’s own
accommodations, when the hotel room cost (including applicable taxes but
excluding all other hotel charges) for an Actor exceeds 50% of the required per
diem as provided in Rule 48(C)(2), SALARIES, then the Producer shall
reimburse that Actor for the excess over said 50%.
(3) Responsibility for hotel accommodations shall include accommodations in
the same hotel for the entire cast regardless of race, color, creed, sex, national
origin, disability, or sexual orientation. Accommodations shall be clean and
sanitary and accessible for Actors with disabilities, should they be engaged,
and within a reasonable distance of the theatre. [See 59(C)(3)(i)(2) below.]
(C) Transportation.
(1) Air Travel. [See Rule 61(F), TRANSPORTATION TO AND FROM
ENGAGEMENT.]
(2) Rail Travel. [See Rule 61(G), TRANSPORTATION TO AND FROM
ENGAGEMENT.]
(3) Bus Transportation. All bus travel shall be made under the following rules:
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(a) Routing. The Producer shall submit to Equity a detailed routing of any
proposed bus tour based on the following schedule of maximum hours per
each day of travel:
Double-Performance Days
3 hours
Single-Performance Days
6 hours
Non-Performance Days
8 hours
(b) The Producer shall submit to Equity and the Deputies of the company a
route sheet (on a form provided by Equity) which shall contain places of
performance, mileage between cities, estimated hours of travel and a
performance schedule. The route sheet and performance schedule shall be
submitted prior to the commencement of the tour. Subsequent route sheets
and performance schedules shall be submitted to Equity and the Deputies
as bookings are arranged. Performance schedules must be provided at
least two weeks prior to the performance and shall include dates, times and
places. A representative of the Producer shall travel with the company on
the bus at all times.
(c) Comfort and Safety. The Producer agrees that the bus shall be equal in
comfort, condition and safety to those used by first-class long distance bus
companies and that it shall be equipped with heat, air conditioning,
separate luggage quarters, a lavatory facility and seating accommodations
for each member. The Producer shall instruct the driver to obey all traffic
regulations and speed and safety rules of City or State.
(d) Travel time shall commence and be computed from the time the bus is
scheduled to leave. The Actor shall be prompt for all bus calls and shall
make his baggage available for loading at least 15 minutes prior to the
scheduled departure time. If an Actor is responsible for a delay at any time,
such delay shall not be counted as part of the travel time of the company.
The Producer may, for the convenience of the company, schedule a
second pickup, in which event travel time shall commence from the
scheduled departure from the second pickup. Computation of travel time
shall end upon arrival of the bus at the first hotel at which the Actors are
residing.
(e) Overtime Travel. If the applicable travel time set forth in paragraph
59(C)(3)(a) above is exceeded, the Producer shall pay each Actor involved
the sum of $30.00 for each hour or part thereof of overtime travel, up to two
hours of overtime. If travel overtime exceeds two hours, the overtime
payment shall be doubled. Payment of any overtime due shall be included
with the salary payment of the week following the week during which the
overtime travel has occurred, and shall be identified as travel overtime.
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(f) Travel time shall not include time lost due to accidents on the road or
other unforeseeable conditions, or time lost by inspections by State
Officials while crossing state borders or going through Customs at
International Borders. Should there be more than three breakdowns in a
one-month period, Equity shall have the right to require the Producer to
furnish a different bus.
(g) There shall be a minimum of one ten-minute comfort stop during each
two hours of travel. The first ten minutes of such comfort stops shall be
deemed part of the travel time. Times beyond the first ten minutes, if any,
shall not be deemed part of the travel time.
(h) Within the first four-hour travel period, there shall be no less than a
one-hour stop for a meal. After this first stop, meal stops shall occur at
intervals not to exceed five hours. If, however, the trip does not commence
until after 12:00 noon, the first meal stop need not occur for five hours. The
actual time utilized for such meal stops shall not be considered part of the
travel time.
(i) Bus Upon Arrival.
(1) The bus, upon arriving at its destination, will first deliver the Actors
to their hotels.
(2) In every case where the theatre is situated more than 1/4th mile
from the hotel, the bus will transport the Actor to the theatre and return
to the hotel after the performance. The bus shall leave the theatre
when all Actors are ready to be transported to the hotels. The time of
the bus departure should not be later than 30 minutes after the final
curtain. Should the Producer delay the departure of the bus from the
theatre beyond 30 minutes, the time of arrival at the hotel shall mark
the beginning of the time for the required rest period.
(j) There shall be an interval of at least 12 hours between the arrival at the
hotel and the bus call for the next day's travel, except that on two days a
week this interval may be reduced to 10 hours. In the case of consecutive
days being completely devoted to travel with no performance, there shall
be an interval of at least 12 hours between the termination of one day's bus
journey and the beginning of the following day's bus journey.
(1) Travel time from the theatre to the last hotel, including the 30minute bus departure interval referred to in 59(C)(3)(i)(2) above, shall
not exceed one hour.
(2) The Company may, by a 2/3rds vote in a secret ballot, elect to alter
the official tour schedule and travel by night to the next engagement or
return to the Theatre without obligating the Producer to overtime
payment.
79
(k) Night travel shall be deemed to be travel between the hours of 10:00
P.M. and 6:00 A.M. and shall only be by railroad Pullman sleeper
accommodations except by written permission of Equity. [See Rule 61(G),
TRANSPORTATION TO AND FROM ENGAGEMENT.] A request for a
waiver of this clause may be by letter, telegram or telephone, and after
consultation with the company. The confirmation from Equity, if granted,
must be in writing.
(l) The Producer agrees that there will be one day off in each workweek
free of all performances and rehearsals, after opening.
(m) Travel and rehearsal combined will not exceed nine hours, but in no
event will rehearsal on a travel day exceed five-out-of-six-and-one-half
hours. No less than 12-hours’ notice will be given for such rehearsal except
in an emergency.
(n) The company shall not be required to rehearse until three hours after
arrival at hotel, except in the case of replacements. When transportation is
directly to the Actor's hotel and travel time does not exceed three hours
from point of departure, two hours shall comprise the aforesaid rest period.
[See Rule 42(D)(10) REHEARSAL, PERFORMANCE, AND OTHER WORK
RELATED RULES.]
(o) Sound check call will be permitted one hour prior to half-hour on the
day following the day off when that is the first performance in a new
theatre.
(p) There shall be at least one-and-one-half hours between the end of a
previous performance (or arrival in town) and half-hour, which can be
reduced to one hour by the Deputy Committee. If the end of a previous
performance (or arrival in town) is less than one-and-one-half hours prior to
half-hour, the Producer shall provide a meal at the theatre. The break
between performances specified in this section shall not apply to school
performances of one-and-one-half hours or less duration.
(q) An evening performance on a day on which there is a performance
beginning prior to 2:00 P.M. shall be permitted provided there was an
interval of at least 12 hours between the final curtain the previous day and
the first call on the day of the early performance.
(4) Bus Touring Company Rider. A rider shall be attached to all contracts for
tours which use buses as the primary means of transportation.
60. TRANSFERS
(A) When an Actor is signed for a single continuous production among any of the
Signatory Theatres, either on separate contracts or on one contract, it is considered
a Transfer. Employment during a Transfer must be continuous. A Transfer must be
80
acknowledged by means of a rider to each Actor’s contract. It is agreed that only
when Producers involved are Signatory Theatres, the Producers may transfer Equity
Member Candidates provided that said Member Candidates constitute no more than
25% of the total company.
(B) Housing. Whenever a company transfers from one signatory WCLO Theatre to
another, under separate contracts or on one contract as provided for herein, each
Producer will provide accommodations as provided for in Rule 26(A)(1), HOUSING,
and the per diem required in Rule 48(C), SALARIES, will not be paid.
(C) Rehearsal Period. In the case of a transfer between signatories, the Producer
may elect one of the following options:
(1) If two weeks of rehearsal are used, four “10-out-of-12” rehearsal-hour days
will be allowed and salaries will be the minimum rehearsal salaries.
(2) If only one week of rehearsal is used (not to exceed a maximum of 37
hours) and a maximum of two “10-out-of-12” rehearsal hour days are used in
that calendar week, Actor shall be paid no less than 125% of WCLO minimum
salary for that week only.
(3) If only one week of rehearsal is used (not to exceed a maximum of 37
hours) and more than two “10-out-of-12” rehearsal hour days are used in that
calendar week, Actor shall be paid no less than 150% of WCLO minimum
salary for that week only.
(D) In the case of a transfer, there must be no less than a 12-hour rest period
between the end of the last employment day of the initial contract or venue and the
beginning Actor call for the new contract or venue.
61. TRANSPORTATION TO AND FROM ENGAGEMENT
(A) The Actor’s applicable address will be the Actor’s address listed with Equity.
(B) The Producer at its own expense shall transport the Actor whenever the Actor is
required to travel. Any Actor employed originally from a point outside of the area in
which the Theatre is located shall be provided return transportation to the same
place at the termination of employment with the company whenever that occurs.
(C) The Actor shall travel by such routes as the Producer may direct, except as
otherwise agreed in writing between the Actor and the Producer. In no event shall
any agreement provide for a payment to the Actor of a sum less than the cost of
applicable public transportation from the place of engagement, which may be
designated in the contract, to the theatre and return, or between theatres as
provided in 61(E)(4) below.
(D) Unless the Producer specifies the manner and route of transportation, the Actor
may choose his own mode of transportation and shall be reimbursed in an amount
81
not more than the fare paid by the Actor, including transportation of the Actor to the
theatre, or his lodgings in the community of the Theatre’s location.
(E) Tickets.
(1) The Producer shall furnish the Actor with the necessary transportation
tickets or their cash equivalent. If an Actor loses a plane ticket or transportation
voucher provided by the Producer through the Actor’s negligence, the Actor is
responsible for the cost of a replacement ticket or voucher.
(2) All transportation tickets or their cash equivalent from the place of
engagement to the Theatre shall be delivered to the Actor at least one day in
advance of departure. The Producer, upon request of the Actor, shall deliver to
him his return transportation at least one day before the close of the Actor's
engagement.
(3) If, in an emergency, it should become impossible for the Producer to comply
with the above conditions, the Producer shall reimburse the Actor in an amount
equal to the actual sum spent by the Actor for transportation. In no instance
may the Producer take advantage of reduced round-trip fares unless tickets or
their cash equivalent are delivered to the Actor one-day in advance.
(4) Where the Actor has been playing in a previous consecutive engagement,
all tickets or their cash equivalent covering transportation from one theatre to
another shall be furnished by the Producer at which the Actor has his next
engagement at least one day prior to his leaving for said engagement. Should
the Producer fail to send these tickets or monies, the Producer of the theatre at
which the Actor is currently engaged may furnish the Actor with the full cost of
transportation to his next engagement, or it shall provide the Actor with return
transportation to the place of engagement.
The Producer of the theatre at which the Actor is last employed shall be
responsible for returning the Actor to the first point of engagement (residence).
(F) Air Travel.
(1) Air travel must be by FAA certified scheduled airlines, and not by nonscheduled or private airlines.
(2) Travel between the hours of 8:00 A.M. and 8:00 P.M., which is of less than
five scheduled hours duration and where meals are provided at the Producer's
expense, may be on scheduled tourist or coach flights on FAA certified airlines.
Should there be no scheduled flights between 8:00 A.M. and 8:00 P.M., travel
may be between the hours of 7:00 A.M. and 10:00 P.M. In addition, tourist or
coach travel shall be permitted on non-stop jet flights from coast to coast
provided such travel does not exceed six scheduled hours. Where no non-stop
flights are scheduled from coast to coast, direct flights may be utilized, in which
case, travel shall not exceed eight scheduled hours. Air travel under any other
circumstances shall be First Class. Whenever times are referenced above,
hours are figured based on the originating time zone.
82
(3) The Producer shall inform the Actor as to whether it provides air travel
insurance. If the Producer provides such insurance, but fails to notify the Actor
by rider, the Actor who purchases air travel insurance shall be reimbursed,
upon proof of purchase, for the premium cost of such air travel insurance up to
the amount of $100,000.00.
(4) If delay en route in air travel occurs, all expenses usually paid or furnished
the traveler under first-class travel, and not paid to the Actor by the airlines,
shall be reimbursed, upon proof of expense, to the Actor by the Producer.
(G) Rail Transportation. If, in the Producer's sole determination, air transportation is
unfeasible or not economical, the Actor may be required to travel by railroad. Day
coach transportation is limited to 10 hours daily. Such travel shall not begin prior to
8:00 AM. After 10:00 P.M., transportation shall include individual Pullman sleeping
accommodations, which shall be no less than a roomette, if same is available. [See
Rule 59(C)(3)(k), TOURS.]
(H) Bus Transportation. With the Actor's consent, bus travel shall be by public carrier
duly licensed to carry passengers by intrastate or interstate commission (regularly
scheduled). Such travel shall be between the hours of 8:00 A.M. and 8:00 P.M. and
shall not exceed ten hours. Buses shall be air-conditioned and provide for the
maximum comfort of the Actor.
(I) Automobile Transportation. In the event the Actor uses his own car or rides with
another Actor in lieu of other transportation at the beginning and end of his
engagement, he shall receive a sum equivalent to the cost of applicable public
transportation in cash. If the company closes away from the Theatre, the Producer
shall at the Actor's option and if the Actor has a bona fide reason, return him to the
Theatre prior to returning him to his place of residence.
(J) Baggage. [See Rule 6, BAGGAGE.]
62. UNDERSTUDIES
(A) Producer will use best efforts to assign understudies to cover every Actor under
Principal contract as of the first day of rehearsal.
(B) In the case of a Tour, understudies will be required for all productions.
Understudies under an Equity contract must be hired no later than the first day of
rehearsal.
(C) In the case of a Transfer, all roles, which are played by Actors under an Equity
contract, must be understudied. [See Rule 60, TRANSFERS.] Understudies under
an Equity contract must be hired no later than the first day of rehearsal.
(D) Understudies shall receive an additional 1/8th of their own contractual salary for
each performance given when substituting for a Principal Actor.
83
(E) All understudy assignments shall be shown on the face of the contract or by rider
and the Actor shall be paid not less than $40.00 per week for each such role from
the date of assignment or the first rehearsal, whichever is applicable.
(F) If the understudy has had the part less than one week, he shall not be required to
perform but may read it unless the understudy is also performing in the production,
in which case he must have the part at least two weeks before he can be required to
perform it. In any case, if the understudy has not been rehearsed in the role, he may
not be required to perform it but may read it.
(G) If in an emergency an Actor goes on as an understudy in a principal role not
specified in the Actor’s contract, the Actor will be compensated for such performance
at not less than 2/8ths of the Actor’s own contractual salary and shall thereafter be
contracted and be compensated for such understudy duty at no less than 1/8th of
minimum salary.
(H) Except in tours, non-professional understudies shall be permitted at the Theatre.
If a Principal Actor is being understudied by a non-professional, the non-professional
may perform in his understudy role for a period of not more than two weeks.
Thereafter, the role must be filled by an Actor under an Equity contract without
prejudice to the original Actor if his contract has not been terminated.
63. UNION EMBLEM
The Producer agrees to display the Equity emblem (logo) in the lobby of the theatre
next to the seating chart. In the event that a seating chart is not posted, the emblem
will be displayed in a conspicuous place near the Box Office. The Equity emblem
shall be supplied by Equity and shall remain the property of Equity and shall be
returned to Equity upon demand.
64. UNION SECURITY/DUES and FEES
(A) All Actors, except non-professionals as provided in Rule 33, NO STRIKE OR
LOCK-OUT, of this Agreement, who are members of Actors' Equity Association, as a
condition of employment, shall continue to be members of the Union in good
standing for the life of this Agreement. All employees who are not now members of
Equity, as a condition of employment, shall become members within 31 days
following the signing of this Agreement and shall thereafter remain members of the
Union in good standing as a condition of continued employment. All new employees,
as a condition of employment, shall become members of the Union 31 days from the
date of the commencement of their employment and thereafter shall continue to be
members of the Union in good standing as a condition of continued employment, to
the extent permissible by law. As defined and applied in this rule, the phrase
“member of the Union in good standing” means a member who pays initiation fees
and dues, or the monetary equivalent thereof, to the union as financial obligations in
accordance with the requirements of the National Labor Relations Act.
84
(B) Equity shall provide the Producer two weeks’ written notice to discharge any
Actor covered by this Agreement for non-payment of Union dues or initiation fee.
Upon the Actor's failure to make such payment(s) within the aforesaid period, the
Producer agrees immediately to discharge the Actor, provided however, that Equity
shall withhold its demand for discharge if the Producer undertakes, with the consent
of the Actor, to withhold from the Actor's salary a sum or sums sufficient to correct
the Actor's dues or initiation fee delinquency.
(C) DUES and FEES.
(1) The Producer shall deduct from the weekly salary of every employee who
is, or may become, a member of Equity, as provided for in this Agreement,
initiation fees and union dues, provided that the Producer receives from Equity
a proper authorization, agreed to and signed by the employee.
(2) Any monies so deducted shall be held in trust by the Producer for the
benefit of Equity and delivered to Equity no later than 30 days following the
date on which the deductions were made.
(3) Should the Producer fail to deliver to Equity any and all monies so deducted
within 30 days following the date on which the deductions were made, Equity
shall assess a penalty of $50.00 for each week of failure to deliver the monies
so deducted.
65. VACATIONS
(A) Eligibility and Computation. If an Actor is engaged for 12 weeks on a single
contract, he shall accrue one day of vacation for each four weeks of employment.
One day of vacation pay shall be calculated as 1/6th of weekly minimum salary. For
the purpose of this rule, a week is a Monday through Sunday period in which the
Actor is employed for a period of three or more days.
(B) Notice of Vacation. The Actor shall give the Producer five weeks written notice of
the date of his intended vacation, which date shall be approved or not approved in
writing by the Producer within one week of receipt of said notice.
(C) Termination. When the Actor's contract terminates, he shall receive all vacation
pay that has accrued and not been previously paid to him. Said vacation pay shall
be included in the final salary payment made to the Actor at the conclusion of his
employment.
66. VOLUNTARY CLASSES
All Actors are prohibited from attending so-called voluntary classes, and the
Producer agrees not to request Actors to attend such classes.
85
ARCHIVE RECORDING RULES
A Recording, in whole or in part, of a production in which Equity members are
employed under the terms of the Agreement and Rules Governing Employment Under
The Western Civic Light Opera (WCLO) Agreement, may be made or material
captured under Rule 57(C) may be used for an archive maintained by the Theatre
under the following terms and conditions:
(1) Recordings of these productions shall not be loaned out or removed from
the Theatre's premises without the written consent of Equity. Equity will
entertain requests, for which permission shall not be unreasonably withheld, to
use such Recording for submission to private or public grant-making
institutions, or the Pulitzer Prize Committee, Recordings will not be considered
for any purpose except as identified herein.
(2) Recording shall take place only during a regularly scheduled performance.
(3) The Actor shall be advised as to the nature and purpose of such Recording.
The Theatre shall submit notice to Equity, in writing, that an Archive Recording
has been made as soon as the date of the Recording is known. If there is
nudity involved in the production, Equity shall be notified prior to capture.
(4) Any rehearsal called to prepare for the Recording of the production shall
require overtime payment to the Actors called.
(5) No person connected with the production shall receive special
compensation for this Archive Recording. Should any other participating union,
such as the Musicians Union or the Stage Hands Union, receive compensation
for its participation, then these conditions shall no longer apply and each Actor
participating in this Archive Recording shall be paid no less than the applicable
SAG/AFTRA rate.
(6) The Theatre shall provide Equity with the opportunity to view the completed
Recording.
(7) The Recording may be viewed by anyone employed by or connected
artistically with the Theatre and by scholars, teachers, and students in and of
the visual and performing arts and by Equity members.
(8) If, at any time, the Theatre no longer operates under the WCLO Agreement,
all Recordings shall be turned over to Equity or a mutually acceptable archive
prior to the release of any bond that Equity may be holding.
(9) A Theatre wishing to house its archives in a facility not under direct control
of the Theatre must petition Equity for consent.
86
(10) The Theatre shall maintain control and ownership of all Recordings and
will ensure that they are not used for any commercial purpose whatsoever.
The Theatre shall also ensure that no copies of the Recording are made.
(11) Any violation of any part of this Agreement shall result in a payment of
either two weeks' contractual salary or Two Thousand Dollars ($2,000),
whichever is greater, for each breach, to each Actor whose rights have been
breached hereunder, plus whatever SAG or AFTRA rate may be due.
(12) Should Lincoln Center Library Theatre On Film or Tape (TOFT) request a
copy of the Recording, the Theatre may, at its discretion, provide TOFT with a
copy. The Theatre shall inform Equity, in writing, at the time the tape is sent to
TOFT.
87
INDEX
ASM Pre-Production 55(B)(3) ............ 62
ASM Required 55(B)(2)...................... 62
Ass’t Dance Captain Increment 15(D) 21
Assistant Dance Captain, Need for
37(F) ............................................... 35
Assistant Stage Managers 55(B) ....... 62
Audition Break After 5 hrs 5(B)(4)(g) . 10
Audition Records 5(G) ....................... 11
Auditions And Interviews 5................... 7
Auditions, Actors with Disabilities
5(A)(2)-(4)......................................... 8
Auditions, Cast Breakdown of New
Musicals 5(H)(5) ............................. 12
Auditions, Casting Authority 5(B)(3)(b) 8
Auditions, Equity Chorus 5(B)(4) ......... 9
Auditions, Equity Principals 5(B)(3) ..... 8
Auditions, Equity Procedures 5(B) ....... 8
Auditions, Exceeding 8 Hours 5(B)(4)(f)
.......................................................... 9
Auditions, Insurance 5(H)(3) .............. 12
Auditions, More than 3 for Chorus
5(B)(4)(b) .......................................... 9
Auditions, More than 3 for Principals
5(B)(3)(c) .......................................... 8
Auditions, No Smoking 5(H)(1)(f) ....... 12
Auditions, Performers with Disabilities
5(F) ................................................. 11
Auditions, Pianist 5(H)(4) ................... 12
Auditions, Safe and Sanitary Provisions
5(H)(1) ............................................ 11
Auditions, Separate Changing Rooms
5(H)(1)(b)........................................ 12
Auto Transport Reimbursement, 61(I) 83
1
10-out-of-12 Rehearsal Hours 42(B)(6)
........................................................ 40
10-out-of-12s for Transfers 60(C) ...... 81
10-out-of-12s SM/ASM Housing
55(E)(18) ........................................ 64
12-Hour Rest Period 42(D)(5) ............ 44
4
401(k) Plan 35(B) ............................... 33
4-A's 1(B) ............................................. 5
9
9th Performance Increment 42(B)(4).. 42
A
Actor Definition 17(A)......................... 22
Actor Performing on Holidays 42(D)(9)
........................................................ 45
Actor Secures New Engagement 58(I)75
Actor's Bio 39(D) ................................ 37
Actor's Obligation To Equity 1.............. 5
Actor's Photo With Commercial Product
42(C)(10) ........................................ 43
Actors with Disabilities 5(F)................ 11
Actual Salary 48(L) ............................ 56
Added Performances 42(B)(4) ........... 42
Additional Duties 48(M)...................... 57
Additional Payments 58(H) ................ 75
Agents 2 ............................................... 6
Agents, Chorus Commissions
Prohibited 2(C) ................................. 6
Agents, Commissions 2(B)................... 6
Agents, Equity Franchise Required 2(A)
.......................................................... 6
Aisles 47(G) ....................................... 51
Aisles Ramped 47(D) ......................... 49
Aliens 3 ................................................ 6
Arbitration 4.......................................... 6
Archive Recording Rules ................... 86
B
Baggage 6.......................................... 13
Beards 12(I) ....................................... 19
Bereavement Leave 52(A) ................. 58
Billing 7 .............................................. 13
Billing in Programs 39 ........................ 36
Billing, Actor's Bio 39(D) .................... 37
Billing, Breach 7(C) ............................ 14
89
Billing, Changes in Cast 39(G)........... 37
Billing, Failure to Correct Actor's Bio
39(D)(3) .......................................... 37
Billing, Full Swings 39(G)(5) .............. 38
Billing, House Boards 7(A)................. 13
Billing, When Actor Leaves Cast 7(B) 13
Binding Effect Of Agreement 8........... 14
Bio, Actor’s 39(D) ............................... 37
Bio, Equity 39(E) ................................ 37
Blacklisting 9 ...................................... 14
Breaches by Producer 10................... 15
Break Between Performances 42(D)(6)
........................................................ 44
Breaks, Rest Periods, Days Off 42(D) 44
Contracts, Quadruplicate 14(G) ......... 20
Contracts, Required Number 14(A).... 19
Costume Calls, Photos & Publicity 42(C)
........................................................ 42
Costumes Cleaning 12(F) .................. 18
Costumes Rental 12(E) ...................... 17
Cots 47(I) ........................................... 51
Council Powers 21(D) ........................ 25
D
Dance Captain 15 .............................. 21
Dance Captain Increment 15 ............. 21
Dance Captain Rehearsal Hours After
Opening 15(A) ................................ 21
Dance Shoes 12(B)(2) ....................... 16
Dancing Surfaces 47(H)..................... 51
Day Off 42(D)(7)................................. 45
Day Off, Change In 42(D)(8) .............. 45
Day Off, Invasion of 42(D)(7)(a)&(b) .. 45
Daylight Day of Rest 42(D)(7)(b) ....... 45
Defaulting Employers 16 .................... 21
Definition, Actor 17(A)........................ 22
Definition, Chorus 17(C) .................... 22
Definition, Extras 23 ........................... 26
Definition, Gender 17(I)...................... 23
Definition, Local Jobber 31(D) ........... 31
Definition, Out-of-Town Actor 26(A)(2)
........................................................ 27
Definition, Part 17(F).......................... 22
Definition, Principal Actor 17(B) ......... 22
Definition, Producer 17(G) ................. 22
Definition, Role 17(H)......................... 22
Definition, Stage Manager and ASM
17(D)............................................... 22
Definitions 17 ..................................... 22
Deputies and Representatives 21(E) . 26
Determination of Classification 14(C) 19
Dialect Coach Increment 48(H).......... 56
Disability Leave 18............................. 23
Discrimination For Union Activity 19 .. 23
Dressing Rooms 47(A) ....................... 48
Drinking Water 47(L).......................... 51
Dues and Fees 64(C)......................... 85
Dues and Fees, Failure to Deliver
64(C)(3) .......................................... 85
C
Cast Album 57(F) ............................... 69
Change of Hair Color 12(G) ............... 18
Change of Hair Style 12(H) ................ 19
Changing Assigned Role 14(F)(1) ..... 20
Child Actors (Juvenile Actors) 28....... 29
Chorus Definition 17(C) ..................... 22
Chorus Increments 48(E) ................... 55
Claims 11 ........................................... 16
Claims, Time Limit in Lodging 11(B) .. 16
Claims, Waiver/Release Not
Permissible 11(A) ........................... 16
Closed Circuit TV 57(J)...................... 71
Clothing And Costumes 12 ................ 16
Clothing Cleaning 12(F) ..................... 18
Clothing Rental 12(E)......................... 17
Commercials for TV and Radio 57(E) 69
Contingent Compensation 48(K)........ 56
Continuous Employment 13 ............... 19
Contract 14......................................... 19
Contract Concessions 14(F)(3) .......... 20
Contract, Changes and Alterations
14(E)............................................... 20
Contract, Determination of Classification
14(C)............................................... 19
Contract, Filing 14(B) ......................... 19
Contract, Signing Of 14(D)................. 19
Contracts, Attempted Breach 14(I)..... 21
Contracts, Completing 14(F) .............. 20
Contracts, Failure to File 14(H).......... 20
90
Duration of Agreement ....................... 88
Duties Of The Actor 20....................... 24
I
Inclined Playing Surfaces 47(E)......... 49
Increment, 9th Performance 42(B)(4). 42
Increment, Ass’t Dance Captain 15(D)
........................................................ 21
Increment, Chorus Playing a Part
48(E)(1) .......................................... 55
Increment, Chorus Understudying a
Principal 48(E)(2)(a) ....................... 55
Increment, Chorus Understudying
Chorus 48(E)(2)(b) ......................... 55
Increment, Dance Captain 15 ............ 21
Increment, Dialect Coach 48(H)......... 56
Increment, Emergency US 62(G) ....... 84
Increment, Fight/Stunt Captain 48(F). 55
Increment, Fight/Stunt Captain 54(B). 60
Increment, Full Swing 48(G)(1) .......... 55
Increment, Partial Swing 48(G)(2)...... 55
Increment, Risk 46 ............................. 47
Increment, Set Moves 51 ................... 58
Increment, Tech Week Bump-Up
55(E)(15) ........................................ 64
Increment, Understudy 62(E) ............. 84
Increment, Understudy goes on for
Principal 62(D)................................ 83
Index .................................................. 89
Individual Termination After First Paid
Public Performance 58(E)(2) .......... 75
Injury And Supplemental Workers’
Comp 27 ......................................... 29
Inspection and Compliance 47(T) ...... 53
Insurance, SWC (Supplemental WC)
27(B)............................................... 29
Insurance, Workers’ Comp 27(A)....... 29
Intercom System 47(K)....................... 51
Internet Sites 57(C) ............................ 66
Internet Websites 57(K) ..................... 71
Itemized Deductions 48(N)................. 57
E
EEO Equal Employment Opportunity
5(C)................................................. 10
EMC 31(C) ......................................... 30
Equity - Special Provisions 21 ........... 25
Equity Bio 39(E) ................................. 37
Equity Business at Rehearsal 42(A)(13)
........................................................ 41
Equity Logo 42(C)(11)........................ 43
Equity Logo 63 ................................... 84
Equity Membership Candidate 31(C) . 30
Exclusive Service Of The Actor 22..... 26
Extras 23 ............................................ 26
F
Facial Masks 12(I).............................. 19
Fight/Stunt Captain Increment 48(F).. 55
Fight/Stunt Captain Increment 54(B).. 60
Fight/Stunt Rehearsals 54(C) ............ 60
Fight/Stunt Rehearsals for Understudies
and Replacements 54(G) ............... 61
Filming ...... See Televising, Filming And
Recording
Fire Safety Procedures 47(O) ............ 52
Firearms 54(H) ................................... 61
First Aid Kits 47(J).............................. 51
Footwear 12(B) .................................. 16
Forms 24 ............................................ 26
Full Swing Increment 48(G)(1) ........... 55
G
Gender, Definition 17(I)...................... 23
Guide Lights 47(F) ............................. 50
H
Hairpieces 12(I).................................. 19
Health Fund 25 .................................. 27
Holiday Pay 42(D)(9) ......................... 45
Housing 26 ......................................... 27
Housing for Tours 59(B)..................... 77
Housing for Transfers 60(B)............... 81
J
Just Cause 58(D) ............................... 74
Juvenile Actors 28.............................. 29
91
K
P
Kneepads and Protective Clothing
12(C)............................................... 17
Parental Leave 52(E) ......................... 59
Parking 47(S) ..................................... 53
Part, Definition 17(F).......................... 22
Partial Swing Increment 48(G)(2)....... 55
Payment When Actor Is Not Allowed to
Work Out Notice 58(G)................... 75
Pension 35 ......................................... 33
Per Diem 26(G) .................................. 29
Per Diem 48(C) .................................. 54
Performance Changed to Rehearsal
42(B)(5) .......................................... 42
Performance Lost 36 .......................... 34
Performance Prior to 12 Noon 42(B)(6)
........................................................ 42
Performances, Number of 42(B)(1) .... 41
Performances, Schedule Change
42(B)(2) .......................................... 41
Performers with Disabilities 5(F) ........ 11
Photo Credit 42(C)(7)......................... 43
Photo Session at Unusual Time
42(C)(6) .......................................... 43
Photo Sessions for Publicity 42(C)(3) 42
Photo Sharing for Promotion and
Publicity 42(C)(12).......................... 43
Pregnancy & Adoption Leave 58(E)(3)
........................................................ 75
Pre-Production 55(C) ......................... 62
Principal Actor Definition 17(B) .......... 22
Producer, Definition 17(G) ................. 22
Production Prosecuted 38.................. 35
Program And Souvenir Program 39 ... 36
Property Loss/Damage 40.................. 38
Publicity Appearances 42(C)(9) ......... 43
L
Lavatory and Toilet Facilities 47(B) ... 48
Laws Governing 29 ............................ 30
Local Jobber Definition 31(D) ............ 31
Local Transportation 26(D) ................ 28
M
Make-up 12(D) ................................... 17
Matinee 42(B)(4) ................................ 42
Matinee Prior to 12 Noon 42(B)(6) ..... 42
Media Payment 48(D) ........................ 54
Medical Services 47(N) ...................... 51
Meetings; Privilege of Actors to Attend
21(B)............................................... 25
Membership Candidate 31(C) ............ 30
Mileage Reimbursement 26(B)........... 27
Military Service 58(J) ......................... 75
N
No Strike Or Lock-Out 33................... 32
Non-Discrimination 30........................ 30
Non-Discrimination 5(D)..................... 10
Non-Pro Affidavits 31(B) .................... 30
Non-Pro Partnering 31(G)(3) ............. 32
Non-Pro Understudies 62(H).............. 84
Non-Professionals 31......................... 30
Non-Traditional Casting 32 ................ 32
Non-Traditional Casting 5(E) ............. 10
Note sessions 42(E)........................... 45
Nudity 34 ............................................ 33
Q
O
Quick Reference, Money Items List ... 95
Quick Reference, Possible Riders List
........................................................ 96
Oral and Written Interpretations 21(C)
........................................................ 25
Out-of-Town Actor Defined 26(A)(2) .. 27
Overnight Tours 14(F)(4)) .................. 20
Overnight Tours 59(A)(6) ................... 76
Overtime 48(I) .................................... 56
Overtime Travel 59(C)(3)(e)............... 78
Overtime, Stage Manager 55(E)(17) .. 64
R
Raked Stages.........See Inclined Playing
Surfaces
92
Recording.. See Televising, Filming And
Recording
Recording, Archive............................. 86
Recordings (Use in Production) 41 .... 39
Rehearsal After Opening (PreBroadway) 37(B)............................. 34
Rehearsal After Opening 42(A)(11) ... 41
Rehearsal Hours, 10-out-of-12 42(B)(6)
........................................................ 40
Rehearsal Period for Transfers 60(C) 81
Rehearsal Space 47(C)...................... 49
Rehearsal, Performance, And Other
Work Related Rules 42 .................. 40
Rehearsals During Previews 42(A)(10)
........................................................ 41
Rental of Actor’s Clothes 12(E).......... 17
Reopening Of A Play 43..................... 46
Replacement Of The Actor 44............ 46
Reports 45.......................................... 46
Reports to Equity 45(C)...................... 47
Reports, Failure to File 54(C)(2) ........ 47
Repro for Broadcast by a Non-Profit
Educational Broadcast Station 57(B)
........................................................ 66
Repro for News and Community Affairs
Broadcasts and Media Internet Sites
57(C)............................................... 66
Repro for Non-Broadcast 57(D) ......... 68
Rest Periods 42(D)............................. 44
Rider, Additional Duties 48(M) ........... 57
Rider, Air Travel Insurance 61(F)(3) .. 83
Rider, Alternating Role 39(G)(8)(b).... 38
Rider, Alternating Role 44(B) ............. 46
Rider, Billing 7(C)(1) .......................... 14
Rider, Bus Tour 59(C)(4) ................... 80
Rider, Cast Album 57(F) .................... 69
Rider, Change of Hair Color 12(G) .... 18
Rider, Change of Hair Style 12(H) ..... 19
Rider, Changing Assigned Role
14(F)(1) .......................................... 20
Rider, Chorus as Understudy 48(E)(2)
........................................................ 55
Rider, Contract 14(D) ......................... 19
Rider, Costumes Rental 12(E) ........... 17
Rider, Education/Supervision of
Juvenile Actors 28(B) ..................... 29
Rider, Guaranteed Period of
Employment 58(E)(2)...................... 75
Rider, Just Cause Termination 58(D). 74
Rider, Nudity 34 ................................. 33
Rider, Overnight Tours 59(A)(6) ........ 76
Rider, Performance Schedule 42(B)(1)
........................................................ 41
Rider, Performances Prior to Noon
42(B)(6) .......................................... 42
Rider, Repro for Broadcast by a NonProfit 57(B)(1) ................................. 66
Rider, Repro for Non-Broadcast
57(D)(1) .......................................... 68
Rider, Risk 46 .................................... 47
Rider, Salary Increase 48(L) .............. 56
Rider, Stage Fighting 54(A) ............... 60
Rider, Termination 58(E)(2) ............... 75
Rider, Tours 14(F)(4)) ........................ 20
Rider, Transfers 60(A) ....................... 80
Rider, Travel 61(C) ............................ 81
Rider, Understudy Assignments 62(E)84
Rider, Vacation 65(B)......................... 85
Rider, Websites 57(K)(1) ................... 71
Risk 46 ............................................... 47
Role, Definition 17(H)......................... 22
S
Safe And Sanitary Places Of
Employment 47............................... 48
Salaries 48 ......................................... 53
Salary Payment and Checks 48(J)..... 56
Salary, Actual 48(L) ........................... 56
Salary, Additional Duties 48(M) ......... 57
Salary, Ass’t Dance Captain Increment
15(D)............................................... 21
Salary, Chorus Increments 48(E) ....... 55
Salary, Contingent Compensation 48(K)
........................................................ 56
Salary, Dance Captain Increment 15 . 21
Salary, Dialect Coach Increment 48(H)
........................................................ 56
Salary, Emergency US Increment 62(G)
........................................................ 84
93
Salary, Fight/Stunt Captain Increment
48(F) ............................................... 55
Salary, Fight/Stunt Captain Increment
54(B)............................................... 60
Salary, Full Swing Increment 48(G)(1)
........................................................ 55
Salary, Itemized Deductions 48(N) .... 57
Salary, Media Payment 48(D) ............ 54
Salary, Overtime 48(I) ........................ 56
Salary, Partial Swing Increment
48(G)(2) .......................................... 55
Salary, Per Diem 48(C) ...................... 54
Salary, Performance Minimums 48(B) 54
Salary, Rehearsal Minimum 48(A) ..... 53
Salary, Risk Increment 46 .................. 47
Salary, Set Moves Increment 51 ........ 58
Salary, Understudy Assignments 62(E)
........................................................ 84
Salary, Understudy Increments
62(D)&(E) ....................................... 83
Schedule Change 42(B)(2) ................ 41
Secret Vote 49 ................................... 57
Security And Security Agreements 50 57
Security, Posting of 50(B) .................. 57
Security, Return of 50(C) ................... 58
Set Moves 51 ..................................... 58
Sick Leave, Illness, Bereavement and
Parental Leave 52 .......................... 58
SM Production Script 55(F)................ 65
SM/ASM Experience Required
55(E)(16) ........................................ 64
SM/ASM Housing for 10-out-of-12s
55(E)(18) ........................................ 64
SM/ASM May Not Act 55(D)............... 62
SM/ASM Pre-Production 55(C) .......... 62
SM/ASM Responsibilities 55(E) ......... 62
SM/ASM Tech Week Bump-Up
55(E)(15) ........................................ 64
SM/ASM Working Conditions 55(E) ... 62
SM/ASM Working on Day Off 55(E)(7)
........................................................ 63
Smoke and Haze Effects 47(R).......... 52
Smoking Areas 47(P) ......................... 52
Social Security, Unemployment
Insurance 53................................... 59
Span of Day 42(B)(9) ......................... 41
Span of Day, 2-Performance Day
42(B)(3) .......................................... 42
Special Power to Act for Actor 21(A).. 25
Stage Fighting 54............................... 60
Stage Fighting/Stunts 48(F) ............... 55
Stage Manager and ASM Definition
17(D)............................................... 22
Stage Manager Overtime 42(B)(8) ..... 41
Stage Manager Overtime 55(E)(17) ... 64
Stage Managers And ASMs (Work
Rules) 55 ........................................ 61
Subsidiary Rights 56 .......................... 65
SWC Supplemental Workers’ Comp
27(B)............................................... 29
Swing and Partial Swing 48(G) .......... 55
T
Tech Week Bump-Up 55(E)(15)......... 64
Televising, Filming And Recording 57 65
Termination 58 ................................... 73
Termination After First Paid Public
Performance 58(E)(2) ..................... 75
Termination, Closing Company 58(F) 75
Termination, Notice of 58(B) .............. 73
Termination, Standard 58(E).............. 74
Tours 59 ............................................. 76
Tours, 2nd ASM Required 59(A)(8) ... 77
Toxic Materials 47(Q)......................... 52
Transfers 60 ....................................... 80
Transfers, Housing 60(B) ................... 81
Transfers, Rehearsal Period 60(C) .... 81
Transfers, Rest Period 60(D) ............. 81
Transportation for Tours 59(C) .......... 77
Transportation of Baggage 6 ............. 13
Transportation To And From
Engagement 61 .............................. 81
Transportation, Air 61(F).................... 82
Transportation, Automobile 61(I) ....... 83
Transportation, Bus 61(H).................. 83
Transportation, Rail 61(G) ................. 83
Transportation, Tickets 61(E)............. 82
Travel 61(C) ....................................... 81
Travel Overtime 59(C)(3)(e)............... 78
TV and Radio Commercials 57(E)...... 69
94
U
Understudies 62 ................................. 83
Understudies for Tours 62(B)............. 83
Understudies for Transfers 62(C) ...... 83
Understudies, Non-Pros 62(H)........... 84
Understudy Assignments 62(E).......... 84
Understudy Emergency Increment
62(G) .............................................. 84
Understudy Increments 62(D)&(E) ..... 83
Union Emblem 63............................... 84
Union Security/Dues and Fees 64 ..... 84
Use of Non-Professionals 31(G) ........ 31
V
Vacation, Accrual Payout 65(C) ......... 85
Vacation, Eligibility and Computation
65(A)............................................... 85
Vacation, Notice of 65(B) ................... 85
Vacations 65 ...................................... 85
Voluntary Classes 66 ......................... 85
W
W-2 Forms 45(A) ............................... 46
Websites, 3rd Party 57(C).................. 66
Websites, 3rd Party 57(K)(2) ............. 71
Websites, Non-Profit/Tourism 57(K)(1)
........................................................ 71
Websites, Producers’ 57(K) ............... 71
Wigs 12(I) .......................................... 19
Workers’ Comp Insurance 27(A)........ 29
Workweek, Work Day and Rehearsal
42(A)............................................... 40
95
Heading and Rule Number
Page No.
QUICK REFERENCE
Money Items:
Actors’ Photo w/Commercial Product [42(C)(10)(b), 42(C)(10)(c)]........................ 43
Added Performances [42(B)(4)] ........................................................................... 42
Additional Duties [48(M)] ..................................................................................... 57
ASM Pre-Production [55(B)(3), 55(C)] ................................................................. 62
Audition (Break after 5 hours) [5(B)(4)(g)]............................................................ 10
Audition (More than 3 for Chorus) [5(B)(4)(b)]........................................................9
Audition (More than 3 for Principals) [5(B)(3)(c)]....................................................8
Auto Transport Reimbursement [61(I)]................................................................. 83
Baggage [6(D)] .................................................................................................... 13
Billing, Change in Cast [7(B)(1)], Breach [7(C)(2)] .......................................... 13,14
Cast Album [57(F)(1)] .......................................................................................... 70
Chorus Increment [48(E)(1), 48(E)(2)(a), 48(E)(2)(b)] .......................................... 55
Clothing and Costumes, Rental [12(E)]................................................................ 17
Contingent Compensation [48(K)]........................................................................ 56
Dance Captain [15].............................................................................................. 21
Day-Off, Invasion of [42(D)(7)(a), 42(D)(7)(b)] ..................................................... 45
Dialect Coach [48(H)] .......................................................................................... 56
Failure to Deliver Deducted Dues & Fees [64(C)] ................................................ 85
Failure to Correct Actor’s Bio in Program [39(D)(3)]............................................. 37
Fight/Stunt Captain [48(F), 54(B)]................................................................... 55,60
Health Fund [25(A)] ............................................................................................. 27
Holiday Pay [42(D)(9)] ......................................................................................... 45
Housing [26] ........................................................................................................ 27
Internet/Websites [57(C), 57(K)(2)] ................................................................. 67,71
Media Payment [48(D)]........................................................................................ 54
Mileage Reimbursement [26(B)] .......................................................................... 27
Overtime [48(I)(1), 48(I)(2), 59(C)(3)(e)] ......................................................... 56,78
Pension Fund [35] ............................................................................................... 33
Per Diem [26(G), 48(C)(1), 48(C)(2)] .............................................................. 29,54
Performance Lost [36(A)] .................................................................................... 34
Photo calls [42(C)(3), 42(C)(6)]....................................................................... 42,43
Property (Loss or damage reimbursement) [40] ................................................... 38
Rehearsal After Opening (Pre-Broadway) [37(B)] ................................................ 34
Reports (Failure to file) [45(C)(2)] ........................................................................ 47
Risk [46] .............................................................................................................. 47
Salaries [48(A), 48(B)] .................................................................................... 53,54
Set Moves [51(A)] ............................................................................................... 58
SM/ASM Working on Day-Off [55(E)(7)] .............................................................. 63
SM/ASM Tech Week Bump-Up [55(E)(15)] ......................................................... 64
SM/ASM Overtime [55(E)(9), 55(E)(17)]......................................................... 63,64
SM/ASM Pre-Production [55(C)].......................................................................... 62
SM Production Script [55(F)(3)] ........................................................................... 65
SWC (Supplemental Workers’ Compensation) [27(B)]......................................... 29
Swings [48(G)(1), 48(G)(2)] ................................................................................. 55
Televising, Filming, Recording [57(B)(2), 57(B)(3)].............................................. 66
Transfers (Rehearsal period) [60(C)] ................................................................... 81
Transportation To and From Engagement [61(D)]................................................ 81
Travel Overtime [59(C)(3)(e)] .............................................................................. 78
TV and Radio Commercials [57(E)] ..................................................................... 69
Understudy Payments [62(D), 62(E), 62(G)] ................................................... 83,84
Vacation Accrual [65(A)]...................................................................................... 85
96
Heading and Rule Number
Page No.
Possible Riders:
Actual Salary [48(L)]............................................................................................ 56
Additional Duties [48(M)] ..................................................................................... 57
Air Travel Insurance [61(F)(3)]............................................................................. 83
Alternating Role [44(B)] ....................................................................................... 46
Billing [7(C)(1)] .................................................................................................... 14
Bus Tour [59(C)(4)].............................................................................................. 80
Cast Album [57(F)] .............................................................................................. 69
Changing Assigned Role or Part [14(F)(1)] .......................................................... 20
Clothing and Costume Rental [12(E)] .................................................................. 17
Contract [14(D)]................................................................................................... 19
Hair Color/Style [12(G), 12(H)] ....................................................................... 18,19
Juvenile Actors (Supervision/Education) [28(B)] .................................................. 29
Nudity [34]........................................................................................................... 33
Performance Schedule [42(B)(1)] ........................................................................ 41
Performances Prior to Noon [42(B)(6)] ................................................................ 42
Reproduction For Broadcast by Non-Profit [57(B)(1)]........................................... 66
Reproduction For Non-Broadcast [57(D)(1)]......................................................... 68
Risk [46] .............................................................................................................. 47
Stage Fighting [54(A)] ......................................................................................... 60
Tours [14(F)(4)] ................................................................................................... 20
Tours [59(A)(6)] ................................................................................................... 76
Tours [59(C)(4)]................................................................................................... 80
Termination (Individual) After First Paid Public Performance [58(E)(2)] ............... 75
Transfers [60(A)] ................................................................................................. 80
Travel [61(C)] ...................................................................................................... 81
Understudy Assignments [62(E)].......................................................................... 84
Use of Smoke and Haze Effects [47(R)] .............................................................. 52
Vacation Notice [65(B)]........................................................................................ 85
Websites [57(K)(1)] ............................................................................................. 71
97