AEA SPT - Rulebook - 17-19
AEA SPT - Rulebook - 17-19
AEA SPT - Rulebook - 17-19
www.actorsequity.org
Table of Contents
RECOGNITION ............................................................................................................ 1
USE OF AGREEMENT ................................................................................................ 1
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40. NONPROFESSIONALS ................................................................................... 36
41. NON-TRADITIONAL CASTING ....................................................................... 36
42. NUDITY ............................................................................................................ 36
43. PARKING ......................................................................................................... 37
44. PENSION.......................................................................................................... 37
45. PERFORMANCES ........................................................................................... 38
46. PHOTOGRAPHS.............................................................................................. 39
47. PRODUCTION PROSECUTED ........................................................................ 41
48. PROGRAMS, HOUSE BOARDS, CHANGES IN CAST, AND BILLING ......... 41
49. PROPERTY: REIMBURSEMENT TO ACTOR FOR LOSS OR DAMAGE ...... 43
50. RECORDINGS USED IN PRODUCTION ......................................................... 44
51. REHEARSALS ................................................................................................. 44
52. REOPENING OF A PRODUCTION .................................................................. 49
53. REPLACEMENT OF ACTOR ........................................................................... 49
54. REPORTS ........................................................................................................ 51
55. SAFE AND SANITARY CONDITIONS OF EMPLOYMENT............................. 52
56. SALARIES........................................................................................................ 55
57. SECURITY AND SECURITY AGREEMENTS.................................................. 58
58. SET MOVES ..................................................................................................... 58
59. SEXUAL HARASSMENT ................................................................................. 59
60. SOCIAL SECURITY AND UNEMPLOYMENT INSURANCE ........................... 59
61. STAGE FIGHTING ........................................................................................... 60
62. STAGE MANAGERS AND ASSISTANT STAGE MANAGERS ...................... 61
63. SUBSIDIARY/CONVERSION RIGHTS ............................................................ 66
64. TERMINATION ................................................................................................. 69
65. TERM OF EMPLOYMENT ............................................................................... 71
66. TRANSPORTATION AND BAGGAGE ............................................................ 71
67. UNDERSTUDIES ............................................................................................. 72
68. UNION EMBLEM.............................................................................................. 74
69. UNION SECURITY/ DUES AND INITIATION FEES ........................................ 74
70. VACATIONS..................................................................................................... 75
71. VOLUNTARY CLASSES ................................................................................. 75
72. VOTING ............................................................................................................ 75
DURATION .............................................................................................................. 76
ADDENDUM: MINIMUM COMPENSATION TABLES ............................................... 78
II
RULES GOVERNING EMPLOYMENT
IN SMALL PROFESSIONAL THEATRE PRODUCTIONS
RECOGNITION
The Producer recognizes Actors' Equity Association (hereafter "Equity" or "AEA")
as the exclusive representative of the Actors (Principals, Chorus, Stage
Managers, Assistant Stage Managers, Dance Captains, Swings, Extras,
Understudies) employed by the Producer for the purpose of collective bargaining
and the administration of matters within the scope of this Agreement.
USE OF AGREEMENT
This Agreement may be offered by Equity, in its sole discretion, for use in Small
Professional Theatres (hereinafter "SPT").
(A) The term "Small Professional Theatre" shall mean Theatres with a seating
capacity of 349 seats or less located outside the cities of Chicago and
New York. A Theatre’s “Category” shall be determined by the number of
weekly performances offered and the maximum weekly work hours
needed as per the Minimum Compensation Table and Rules 45(B),
PERFORMANCES and 52(H), REHEARSALS.
(B) The Small Professional Theatre Agreement shall not be used without the
express consent of Equity by any Producer or Producing Organization that
has operated under any Equity agreement in the preceding 12 months.
(C) Food or beverages may not be served to the audience in an SPT theatre
under any circumstances (this shall not preclude lobby concessions). It
shall be the responsibility of the Producer to enforce this ruling. If Equity
determines that the Producer is permitting violations of this rule, such
violations shall subject the Producer to review of this Agreement, and
Equity may, at its sole discretion, require the Producer to operate under a
different Agreement.
(D) Except with the express permission of Equity and under such terms and
conditions as Equity may require, the Producer shall not schedule special
performances for children or school level audiences or present
productions which should properly be produced under the terms and
conditions of the Agreement and Rules Governing Employment in Theatre
for Young Audiences, in that the material is:
(1) Expressly written, created or adapted to be performed for children,
up through and including junior high school level, or performed for
high school level audiences if the production is not altered in any
way from that performed before younger age levels; or
(2) A play or material originally created and/or performed for adults
which has been adapted for children and performed as stated
above. This provision shall not, however, preclude student
performances of regular full-length adult productions.
(E) When a play is produced where: two or more Co-Producers utilize this
Agreement and the play is produced in the venues of each Producer; or
one Co-Producer is a signatory to this Agreement, and one Co-Producer
is a signatory to a different Equity Agreement; then, accordingly, Equity
shall determine, as to each Small Professional Theatre production, the
Actors' salary, benefits, and work rules, consistent with the principle of
continuous employment.
(F) Any play or musical at an SPT theatre that will receive enhancement
money from a Producer who has first class rights to the play or musical
may not be produced under the Theatre's SPT Agreement unless the SPT
Producer receives prior written consent from Equity and agrees to such
terms and conditions as Equity may establish. For purposes of this
Agreement, "enhancement money" is defined as any kind of financial
support from another producer that is applied toward any aspect of a
particular production, including, but not limited to, Actors' salaries,
costumes, sets, and/or services of any kind provided at a reduced rate or
no cost.
2. AGENTS
(A) Equity Franchise Required. The Producer has notice that if negotiation
for, or the obtaining of, this contract by the Actor is through any
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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 part, 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 shall notify the Producer
accordingly, and the Producer shall indemnify the Actor and hold the Actor
harmless from any such claim.
(C) Chorus. An Actor signed to a Chorus contract or performing Chorus work
shall not be required to pay commission to any Agent, except in
accordance with the Equity Agency Regulations.
3. ALIENS
Non-resident aliens may not be employed without the express consent of Equity,
which decision by Equity shall be final and binding and not subject to grievance
and arbitration..
4. ANNOUNCEMENTS
(A) An announcement shall be made, either in the program or live before the
beginning of each performance to the effect that the taking of pictures or
the making of recordings of any kind during the performance is prohibited.
(B) A live announcement shall be made at each performance if the aisles are
used by the Actors for entrances and/or exits that the aisles shall be kept
clear during the performance.
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acknowledgement that Equity may deduct any monies due as a result of
this ruling from any security posted with Equity by the Producer. The
Producer immediately shall replace said deducted amount upon demand
by Equity.
(C) Expenses. The expense of the arbitration, including the compensation of
the arbitrator, shall be shared equally by Equity and the Producer.
(D) Equity shall act on behalf of the Actor in any arbitration proceedings, and
no Actor is authorized to commence any arbitration proceeding.
6. AUDITIONS
The Producer shall conduct auditions or interviews for performers and stage
managers. The following conditions shall apply:
(A) Affirmation. The parties hereto affirm their commitment to a policy of
equal employment opportunity designed to promote a positive model of
diversity and the elimination of discrimination in theatre. Consistent with
the foregoing, it is the intention of the parties that the casting of plays and
the hiring of Stage Managers be conducted in such a manner as to
provide equal employment opportunities to Actors of all ethnicities
(including but not limited to African American, Asian/Asian Pacific
American, Hispanic American, Native American, multi-cultural), women,
seniors, and Actors with disabilities.
The Producer agrees that the casting of all productions will be conducted
in such a manner as to provide full and fair consideration to Actors of all
ethnicities (including but not limited to African American, Asian/Asian
Pacific American, Hispanic American, Native American, multi-cultural),
women, seniors, and Actors with disabilities. Unless otherwise textually
indicated, all parts/roles shall be open to all Actors without prejudice. This
shall be evident in all casting notices, calls and cast breakdowns in order
to insure full participation in the casting process.
(B) General Provisions
(1) Among the auditions or interviews held, there shall be auditions or
interviews for Equity performers and Stage Managers.
(2) The Producer is under no obligation to hire any person pursuant to
any audition or interview procedure including the procedure for
Equity performers and Stage Managers set forth below.
(3) Auditions for Minors shall begin no earlier than 3:30pm on school
days.
(4) Performers with Disabilities
(a) 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 comparable
disabilities shall be informed and given the opportunity to
audition for the role. Producer will make every effort to cast a
role depicting a person with a disability with a performer with
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said, or a comparable, disability.
(b) All auditions shall be held in premises which are architecturally
accessible. If auditions cannot be held in premises that are
architecturally accessible, the Producer will, upon notification by
Equity or by a performer with a disability who wishes to attend
the audition, arrange for appropriate audition facilities to
accommodate performers with disabilities.
(c) When a deaf performer is sought or a deaf character is being
cast, the Producer shall provide, during the audition, a qualified
interpreter for the deaf (one qualified or certified in sign
language or oral interpretation).
(d) All audition material provided by the Producer shall, upon
request, be made available to performers who are blind or have
low vision at a place to be designated by the Producer at least
48 hours in advance of the audition.
(5) Auditions of producer-invited, agent-submitted, and manager-
submitted actors and call back auditions for a production shall not
be conducted until all required Equity auditions have been
completed for that production.
(6) Equity and the Producer agree that personal information (including
but not limited to contact information) provided by the actor in any
form for purposes of employment is provided in confidence and is
to be used solely for casting purposes (e.g., setting up callbacks,
providing audition material, making offers of employment). The
Producer shall not use this private information for the purpose of
marketing and/or advertising or for unsolicited contact of a personal
nature and shall notify contractors of same.
(C) Equity Audition/Interviews
The Producer shall comply with the following audition procedures for Equity
performers and Stage Managers:
(1) Required Auditions
(a) There shall be no less than one full day of auditions for each
production. One full day of Equity auditions consists of seven
hours of auditions out of an eight-hour period. A half-day
consists of four consecutive hours of Equity auditions. Two
half-days may be used to equal one day. Upon written consent
of Equity, two full days of seasonal Equity auditions for Equity
performers and Stage Managers may fulfill the audition
requirement. These auditions shall be at the theatre or other
local space approved by Equity. Auditions and interviews will
be conducted by an individual or individuals with casting
authority (the Producer, director, choreographer, musical
director, assistant director, author and/or professional casting
director, as designated in writing by the Producer). Either the
director, musical director, composer, or choral director must be
present at all Equity auditions for singers. Either the
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choreographer, assistant choreographer, or dance captain
must be present at all Equity dance auditions.
(b) The Producer shall consult with the Equity Auditions
department with respect to the scheduling of
auditions/interviews.
(c) The location or time of the Equity audition/interview may not be
changed without Equity approval.
(d) No televising, filming, videotaping, or sound recording of Equity
performers shall be permitted at any Equity audition, interview,
or callback without the written consent of Equity.
(e) If a Producer holds seasonal Equity auditions, and if any of the
productions announced in the Producer’s casting notice are
replaced in the season by another production or new
productions are added to the season after the seasonal
auditions have been held, the Producer shall contact the Equity
Auditions Department immediately to determine if further
auditions are required.
(2) Casting Notice
(a) At least 10 business days prior to the audition or any other
casting announcement, the Producer shall submit to Equity,
for posting on the Equity website, a casting notice
containing the following information:
(i) The date(s), time(s), and location(s) of the auditions;
(ii) The title(s), author(s), director(s), first rehearsal
date(s), and all scheduled performances of all
productions being auditioned;
(iii) A list and description of all roles in the production(s),
with indication of which roles, if any, are precast;
(iv) The name(s) and title(s) of casting personnel
expected to attend the auditions;
(v) All necessary instructions for actors to prepare for the
audition.
(b) Required Equity audition notices shall contain character
descriptions, synopses, and other pertinent items of
information identical to those included in notices sent to a
breakdown service intended for agents and/or managers.
(c) In the event that auditions of any kind are held outside the
Producer’s local area (more than 50 miles actual driving
distance), equivalent Equity auditions shall be required in the
nearest Equity liaison city or the Producer’s Regional Equity
office city (in addition to the required local Equity auditions).
When Equity Principal auditions are scheduled in an Equity
office city, that office city’s Equity Principal audition
procedures shall be used. These auditions will be
coordinated with the Equity office city’s audition department.
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If the Producer conducts auditions of any kind in an Equity
office city, Equity reserves the right to require the Producer
to conduct Equity Principal Auditions (and, if applicable,
Equity Chorus Calls) in that office city, in addition to the local
auditions required herein, for the same production(s).
(3) Procedures
(a) Auditions, readings, and/or interviews, shall be limited to
three in number for an Equity performer, and said performer
shall be compensated at the rate of 1/7 of minimum salary
for each reading and/or audition over three to which the
performer is called.
(b) If any production in the Producer’s season is a musical, the
Producer shall provide a piano and an accompanist who can
sight-read throughout the full day of local Equity auditions for
that production.
(c) Performers shall be auditioned individually and shall not be
called in groups unless necessary for movement and/or
voice blending.
(d) If the Producer chooses to audition from scripts, sides, or
similar materials, such materials shall be made available at
the audition site at least 30 minutes prior to the first
scheduled audition time and at no cost to the Actor. If the
material has more than one character, the Producer shall
provide a reader. The Producer shall make best efforts to
make sides available prior to auditions. If the Producer
makes the sides available prior to the auditions, information
regarding where the sides may be found shall be included in
the casting notice.
(4) Equity Chorus Calls
(a) Chorus auditions for Equity performers shall be conducted in
accordance with the preceding provisions and the following:
(b) Auditions may, if necessary, be held on two separate days,
one day for voice and/or general qualifications and one day
for dancing and/or general qualifications. If these two days
are not consecutive, the Chorus shall not be required to
report for any purpose on the intervening days.
(c) The Producer shall audition singers (male and female) and
dancers (male and female) separately at the first call for
Equity Chorus performers. For productions in which Equity
performers are required to sing, there must be an audition
for singers at which performers must 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
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be requested to sing.
The Producer shall not under any circumstances halt the
continued progress of a Chorus Audition to audition a
performer for a principal role.
(5) Safe and Sanitary Provisions. Performers shall not be permitted
to audition in any premises that do not comply with the fire laws of
the city and state in which the auditions are held. The Producer
shall provide:
(a) A room, other than the audition room, that shall have seating
and open space where the performers may wait and/or warm
up for the audition.
(b) Separate change facilities (not lavatories) for men and
women dancers.
(c) An audition, change and/or waiting rooms that are properly
lighted, ventilated and in which the temperature is properly
regulated during inclement weather (hot or cold) to provide a
comfortable environment, but in no event less than 68°.
(d) Actors shall not be required to perform dance steps on
concrete or marble floors or any other surfaces which Equity
shall reasonably deem to be injurious or unsafe, or on wood
or any other substance laid directly over such similar
surfaces which does not provide air space of at least 1 5/8th
inches between the concrete, or marble, or similar
supporting surface and the resilient dancing surface.
(e) Ample, pure, cool drinking water and cups, where needed,
shall be provided at no charge wherever the performer is
required to audition.
(f) Restrooms shall be available throughout the times of the
audition. Access must be separate from the room in which
auditions are being held.
(6) Liability Insurance. The Producer shall provide liability insurance
at auditions and shall provide the name of the insurance carrier to
the performers at the audition. In the event of injury, the Producer
shall advise the performer of the procedure for filing a claim with
the insurance company.
(D) Equal Employment Opportunity – Non-Traditional Casting. See Rule
23, EQUAL EMPLOYMENT OPPORTUNITY, NON-DISCRIMINATION,
AND NON-TRADITIONAL CASTING.
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8. BLACKLISTING
The Producer and Equity each pledge themselves to prevent blacklisting in the
Theatre. 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 who are not to be
employed in theatrical productions for reasons having no direct relation to their
theatrical ability. If it is determined that a Producer has blacklisted, as defined
herein, said Producer shall pay the Actor losing employment as a result thereof,
the Actor’s full contractual salary for the duration of the contemplated
engagement, plus a sum equivalent to the full contractual salary of the Actor’s
successor or $1,000, whichever is the greater.
9. BREACHES BY PRODUCER
(A) Should the Producer be in breach of any of the Producer’s obligations
under this Agreement, including but not limited to:
(1) Breaching an individual contract of employment, or failing to abide
by any rule which is part of said contract, or being in default as to
any such contract; or
(2) Making any false statement in connection with any employment
agreement or regarding security, or failing to deposit security at the
time and in the form and amount required by Equity; or
(3) Employing any Actor under any form of contract other than a
standard Equity form.
Should any situation arise where, because of the act of the Producer, or
the Producer's fault or default, the Actor is released from the Actor's
obligation to work, then, in any of said events, the Actor may, Equity
consenting, forthwith terminate the Actor's employment and be released
from any obligation to render services to the Producer.
(B) If a breach occurs as set forth in Paragraph (A) above, the Producer shall
pay the Actor forthwith, in full, for all services rendered by the Actor, plus
any other sums to which the Actor may be entitled by contract or by Equity
Rules which have not yet been paid to the Actor, and for any damages
that may arise under contractual law and also, as liquidated damages, no
present basis of calculation existing, a sum equal to two weeks'
contractual salary. Against said sum equal to two weeks' salary, no offset
shall be allowed the Producer for earnings of the Actor in a new or
subsequent engagement. These provisions shall apply to each season or
period of employment contracted for. Disputes as to the applicability of
the foregoing paragraph shall be subject to arbitration and neither Equity
nor the Actor may finally determine any question of violation or breach on
the part of the Producer, except as to violations of Paragraphs (A)(2) and
(3) above. In the event of the Producer's breach of Paragraph (A)(2) or (3)
above, Equity may intervene, without penalty to itself, and require the
Actor to perform or rehearse or not perform or rehearse under such terms
and conditions as Equity may consider just and equitable.
(C) Attempted Breach. No Actor shall agree with a Producer, Employment
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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.
(1) Should a Producer be found by an arbitrator to have engaged in
such conduct, the Producer agrees that such conduct on the
Producer's part shall be a breach of the Producer's employment
agreements with Actors, entitling any such Actors to the remedy
stated in Paragraph (B) above. The Producer further agrees that
upon such breach, the Producer's name may be posted on the
“Defaulting Employer’s List” maintained by Equity.
(2) Should any Actor engage in such conduct, said Actor shall be
subject to such disciplinary action as Equity may determine. In the
event of a recovery of liquidated damages by or on behalf of the
offending Actor, the same shall be paid into the Actors' Equity
Foundation, Inc.
(D) Should the Producer in any way breach any clause of this Agreement
(such as but not limited to ratio, maximum seating, maximum ticket price)
the Producer shall pay a penalty of not less than two weeks of an Actor’s
minimum salary for each such breach and for each week the breach
continues. Such penalty amounts shall be paid to the Actors’ Equity
Foundation.
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Day Off” shall be defined as a full 24 hours in addition to the standard 12-
hour rest break at the end of each workday. The regularly scheduled
designated day off within each workweek may be changed by unanimous
consent of the Actors on not less than one week's notice. In no case may
there be more than eight days between designated days off, except that
nine days may elapse between designated days off to comply with the
Thanksgiving and Christmas rules below. (See Paragraphs (D)(1) and
(D)(2) below.) Should the Stage Manager agree to work on the day off,
the Stage Manager shall receive no less than an additional 2/6 of the
Stage Manager’s weekly contractual salary.
(D) Holidays
(1) In addition to the regular day off during the workweek, there shall
be no rehearsal or performance on either December 24 or
December 25 (but not both unless the regular day off is scheduled
by the Producer on December 24 or December 25). In Categories
6 though 10, the Producer may schedule six performances over
three consecutive days during the seven-day period prior to or
following December 25 but not both. (See also (C) above.)
(2) There shall be no rehearsal or performance on Thanksgiving Day.
In Categories 6 through 10, should the Producer schedule a second
day off during the week in which Thanksgiving occurs, the Producer
may schedule six performances over three consecutive days during
said week. (See also (C) above.)
(3) Any changes of day-off that are required by Paragraphs (1) and/or
(2) above shall not require the consent of the Actors.
(E) Days with Matinee and Evening Performances. There shall be no less
than a 1½ hour rest period, exclusive of half-hour, between performances.
(See Rules 45(E) and (F), PERFORMANCES.)
(F) Twinight. Twinight performances shall have not less than one hour
between performances and shall not start earlier than 5:00 PM nor end
later than l:00 AM. (See Rule 45(F), PERFORMANCES.)
11. CALLBOARD
(A) A callboard shall be maintained backstage at each Theatre on which
information important to the cast shall be posted. This information shall
include:
(1) Sign-in sheet;
(2) Any notices, correspondence or letter(s) of information sent by
Equity to the Company;
(3) Company closing notice (when applicable) and other
communications from the Producer to the Company as a whole;
(4) Name of the Workers’ Compensation carrier and the carrier
number;
(5) Members of the Producer's staff whom the Actors can contact in
case of emergency;
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(6) Information regarding fire exits and fire-fighting equipment and
proper procedures in case of fire;
(7) Addresses of hospitals in the area;
(8) Phone numbers for local doctor and dentist;
(9) Information as to safekeeping of Actors valuables by the Producer;
and
(10) Brush-up rehearsal calls after opening. (All other calls after
opening shall be given to the Actors by the Stage Manager.)
(11) Theatre’s Sexual Harassment Policy.
12. CHORUS
(A) Whenever a Play or Musical with a Chorus is produced, a minimum
number of the Equity company (not including Stage Managers or non-
performing Understudies) shall be engaged on an Equity Chorus contract
and actually perform Chorus work (see Rule 24(G), EQUITY SPECIAL
PROVISIONS). The minimum number of Equity Chorus required is:
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(3) Swing. If there are six or more Chorus Actors in a production,
swings shall be required. A Chorus Actor of each gender may be
designated to swing one or more numbers in the production or a full
Swing of each gender may be employed. Should the assigned
Swings be under an Equity contract, the following shall apply:
(a) Partial Swing. If a Chorus Actor is assigned to swing one or
more numbers, the Chorus Actor shall receive no less than
8% per week in addition to weekly contractual salary for
each such assignment; and
(b) Full Swing. If a full Swing is hired, the Swing shall be signed
to an appropriate Chorus contract.
13. CLAIMS
(A) Waiver or Release Not Permissible. No Actor may waive rights to any
claim or any portion thereof unless Equity consents in writing; the
Producer agrees not to seek or solicit any such waiver, release, or
settlement, nor offer the same in any arbitration or any court proceeding,
unless Equity specifically consents in writing. In no case shall claims of
Actors under employment contracts be handled or enforced by agents or
attorneys of Actors unless Equity consents in writing.
(B) Time Limit in Filing Claim. Should the Actor deem that there is any
claim against the Producer under the Actor's contract, the Actor shall
present the same to Equity or to the Producer within 30 days after the time
when such claim shall have arisen, unless the Actor gives to Equity and/or
to the arbitrator a good and sufficient reason for any delay after such
period of 30 days. Should Equity deem that there is any claim against the
Producer, whether filed by an Actor or not, Equity shall file the claim with
the Producer in writing no more than 30 days after the time when Equity
becomes aware of the claim, unless Equity gives to the arbitrator a good
and sufficient reason for any delay after such period of 30 days.
(C) The Producer is on notice that if a previous season’s bond is not cleared
by Equity, Equity may direct Actors not to accept employment with the
Producer.
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salary but by a separate check.
(C) The following shall be the minimum rental fee per week when an Actor
furnishes the Actor's personal clothing for a production:
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(E) Cleaning and Upkeep. All clothing worn by the Actor for use in the
production, whether furnished by the Producer or not, shall be cleaned at
the Producer's expense whenever necessary but at least every two weeks
and laundered whenever necessary but at least twice a week. All clothing
shall be aired whenever possible. Clothing shall also be repaired or
replaced whenever necessary.
(F) Backup Costumes. Backup costumes shall be provided whenever
necessary.
(G) Skin Parts. All Actors including Swings and Understudies shall be
supplied with new or freshly laundered and dried "skin parts" daily,
including any undergarments, bodysuits, stockings, dress shields, bathing
suits, dance trunks or slips. Under no circumstances shall Skin Parts be
shared.
(H) Knee Pads and Protective Clothing. Prior to any activity that requires
knee and elbow pads and protective clothing, the Producer shall furnish
new and properly fitted (that is, small, medium, and large) items for the
exclusive use of the Actor for all rehearsals and performances.
(I) Makeup. The Actor shall supply all conventional theatrical facial makeup.
The Producer shall supply all special and body makeup.
(J) Wigs, Hairpieces, and Facial Hair. All wigs, hairpieces and facial hair
shall be provided to the Actor in a clean and sanitary condition and shall
be so maintained by the Producer.
(K) Change of Hair Color. The Actor may not be required to change the
color of the Actor's hair unless the Actor agrees in writing. The Producer
shall pay for the expense of changing the color professionally and of its
upkeep during the run of the engagement and of the professional
restoration to the original color at the end of the Actor's engagement.
(L) Change of Hair Style. The Actor may not be required to cut the Actor’s
hair in a manner that changes the hair style, or shave the Actor’s head,
beard, moustache, or sideburns, unless the Actor agrees in writing at the
time of signing the Actor’s contract, and has been notified at the time of
audition of such potential change. If the Actor agrees, the Producer shall
assume the cost of making the change, and maintaining it during the run
of the production.
(M) Costumes for Understudies and Swings. A Swing or Understudy shall
be furnished with all shoes necessary for performance, and shall be
provided with a properly fitted costume whenever required to perform. If
possible, any costume worn by another Actor shall be cleaned prior to its
use by any Swing or Understudy and again prior to its further use by any
other Actor, including the Actor to whom it is regularly assigned. Under no
circumstances shall Skin Parts be shared. If an Understudy or Swing
provides his own costume, the Understudy or Swing shall be paid no less
than the weekly rental fee provided in Paragraph (C) above.
(N) Costume Measurement. Prior to the beginning of rehearsals, an Actor
who has been contracted for the production may be asked to consult with
the costumer for measurements at a mutually convenient time.
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(O) Costume Fitting. During rehearsals, two costume calls per Actor of up to
two hours each shall be permitted in addition to the regularly scheduled
rehearsal hours herein prescribed, see Rule 52(H), provided that the
hours for the costume call and the Actor's rehearsal shall be consecutive.
16. CONTRACTS
(A) All contracts with Actors shall be valid and binding only when printed on
the official Equity contract form. No other form of contract, oral or written,
shall be deemed valid. The Producer shall not offer any such other form
of contract into evidence in any arbitration or assert any defense or waiver
in an effort to establish any form of contract, notwithstanding anything to
the contrary in the law of the state in which the theatre is located.
(B) Signing Of. Unless contracts are signed concurrently, they shall be
signed by the Producer first. The Producer agrees that all blanks,
including opening date, name of part, and salary shall be filled in before
signing or delivery. The contract and any riders shall be presented to the
Actor no less than seven calendar days prior to the Actor’s first day of
employment.
(C) Effective Date. Contracts between Producer and Actor shall be signed
before the Actor begins rehearsal and shall be signed on the date when
the terms of the contract are agreed upon between the parties. If not
signed on said date, they shall be signed as of said date.
(D) Right to Negotiate. The Actor and the Producer agree that the Rules and
Regulations set forth in this Agreement are minimum provisions and, as
such, do not limit an Actor’s right to negotiate better terms and conditions
of employment. (See also Rule 59, SALARIES.)
(E) Hiring "As Cast" Prohibited. All roles and duties shall be specified in
the Actor's contract at time of signing.
(F) Determination of Classification. Equity has the sole right to determine
whether an individual is correctly classified as a Principal, Chorus, Stage
Manager or Assistant Stage Manager, and the Producer agrees that
Equity’s determination shall be final.
(G) Changes and Alterations. Neither the Actor nor the Producer has any
right or power to waive any of the minimum conditions set forth in the
employment contract or this Agreement without the written consent of
Equity. All riders, changes, waivers, or substitutions made to any contract
of employment require the consent of Equity in writing. If Equity does not
consent, said riders, changes, waivers, or substitutions, or any part
16
thereof, are void. 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. If Equity fails to notify the Producer in writing of
its disapproval of said riders, changes, waivers or substitutions within 10
business days after receipt thereof by Equity, they shall be deemed
approved. No such riders, changes, waivers, or substitutions not
previously agreed to by Equity shall be admitted in evidence in any
arbitration for the disposition of any claim, without the written consent of
Equity.
(H) Executed Agreement. The Producer shall file with Equity a signed
employment contract within one week after entering into such contract.
Where the Actor is employed after rehearsals have begun, the contract
shall be filed within three days. Failure to do so shall constitute a breach
of contract by the Producer, and the Actor may, at any time, Equity
consenting, terminate the contract without notice, and the Producer shall
pay the Actor as damages for breach, a sum or sums to be computed as
in the case of breach of Rule 9, BREACHES BY PRODUCER.
17
as may be satisfactory to Equity to ensure the payment of the claims of
Actors against said Producer.
(B) Any Producer engaging any Actor represents that said 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 Actors, any breach of which remains unsettled or
unliquidated.
(C) No Actor shall work or be required to work or to continue in the
employment of any Producer, without the consent of Equity, or to work for
any person, partnership, corporation, enterprise, or group that has violated
or is violating any Agreement with Equity or any of its members; or 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 Employers’ 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, officer,
active stockholder or otherwise with any defaulting Producer so specified,
without the consent of Equity.
(D) No Actor shall work or be required to work or continue in the employment
of any Producer or 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.
19. DEFINITIONS
(A) Actors' Equity Association. The terms "Equity," "AEA," or "Actors'
Equity" shall mean Actors' Equity Association.
(B) Actor. The term "Actor" shall refer to any person engaged on an Equity
contract, including Principal, Chorus, Stage Manager, Assistant Stage
Manager, Dance Captain, Swing and Understudy. (See RULE 72, UNION
SECURITY/ DUES AND INITIATION FEES.)
(C) Principal Actor. The term "Principal Actor" shall include any Actor
engaged on an Equity contract who is not engaged on a Chorus contract
and/or engaged to perform Chorus work.
(D) Chorus. The term "Chorus," “Chorus Actor,” "member of the Chorus,"
"Actor engaged under a Chorus contract" and "Chorus performer" shall
include any Actor engaged on an Equity Chorus contract and/or actually
performing Chorus work, as may be determined by Equity.
(1) Stage Manager. The term "Stage Manager" shall refer to and
include any persons engaged on an Equity contract performing the
customary duties of "Stage Manager" or "Assistant Stage
Manager." (See Rule 64(C)(1), Whenever firearms are used in a
production, there shall be a safety demonstration for the entire
company conducted by a qualified individual, prior to the first paid
public performance or use of firearms in rehearsal, whichever
18
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. Any and all modifications to firearms shall be done
by a licensed gunsmith.
(2) It shall be the responsibility of the Producer to insure that any use
of firearms in the production is in compliance with all applicable
state and/or local laws regulating the use of firearms in theatrical
productions.
(3) Any costs associated with the use of firearms shall be borne by the
Producer.
(E) STAGE MANAGERS AND ASSISTANT STAGE MANAGERS.)
(F) Opening. "Opening" shall be defined as the first paid public performance.
(G) Opening Week. The term "Opening Week" shall mean the workweek that
contains the first paid public performance.
(H) Out-of-Town Actor. The term "out-of-town Actor" shall be defined as an
Actor residing more than 50 miles actual driving distance from the theatre
no matter where the Actor auditioned or was engaged. Such residence
address shall conform to that registered with Equity.
(I) Production Contract. Wherever the term "Production Contract" or
"Standard Minimum Contract" is used in these rules, it is understood to
refer to the contract covered by the Agreement and Rules Governing
Employment Under the Equity-League Production Contract. Where the
term "Production Minimum" or "Standard Production Minimum" is used, it
is understood to refer to the applicable minimum salary in the Agreement
and Rules Governing Employment Under the Equity-League Production
Contract.
(J) Pro Rata Portion of Contractual Salary. The pro rata portion of
contractual salary shall be determined by dividing the contractual salary by
the number of performances permitted in the workweek, for the applicable
category, as specified in the Minimum Compensation Table and Rule 59,
SALARIES. (For example, in Category 1, the contractual salary would be
divided by four, the maximum allowable number of performances, or the
number of days during rehearsal. See Rule 59(F), SALARIES)
(K) Weekly or Contractual Salary. Weekly or contractual salary shall be
defined as all compensation received by the Actor that is subject to
federal, state and local withholding taxes.
(L) Workweek. The "Workweek" shall be Monday through Sunday. No other
workweek shall be used for computing days off, pay period, and so forth.
(M) Part. The term “part” shall mean each character, specialty, or function for
which the Actor is responsible.
(N) Role. The term “role” shall mean the sum of the parts, specialties,
functions, and assignments for which an Actor is responsible.
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20. DEPUTIES
(A) Deputies shall be required in each company. Whenever a Chorus Actor
is employed, there shall be a Deputy for Chorus singers and dancers, in
addition to a Deputy for Principal Actors. Deputies shall have the
obligation to report to Equity any non-compliance with the provisions of
this Agreement.
(B) Deputies shall be elected from among the Actors of the company and
function at all times in each company. The Deputy shall be elected within
the first two days of rehearsal. A rehearsal may be extended no more
than 15 minutes to compensate for the time used for the election. In the
event the Deputy leaves the company for whatever reason, an election to
replace the Deputy shall be held immediately. After any Deputy election,
the appropriate Equity office shall be immediately notified of the results of
said election by the newly elected Deputy.
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(3) Pay strict regard to makeup and dress;
(4) Conform to the language of the script;
(5) Perform the Actor's services as reasonably directed, to the best of
the Actor's ability;
(6) Properly care for the Actor's costume and props;
(7) Respect the physical property of the production and the Producer;
(8) Refrain from using or being under the influence of alcoholic
beverages and illegal drugs during rehearsals, half-hour and
performances and/or while traveling in the company vehicle;
(9) Abide by all reasonable rules and regulations of the Producer not in
conflict with Equity Rules (See Rule 55(I), REPLACEMENT OF
ACTOR); and
(10) Abide by all rules and regulations of Equity and not alter, omit, or
change them in any way.
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shall not be required to perform in any theatre, public or private
institution, or other place of performance where discrimination is
permitted or practiced because of sex, race, color, creed, national
origin, age, disability, gender identity and/or expression, sexual
orientation, familial status, veteran status or political persuasion or
belief against any person. Equity, not the individual Actor or
company, shall determine whether discrimination exists at the place
of performance.
(3) In order to insure equal employment opportunities for all Actors, the
Producer shall hold Principal and Chorus Interviews and Auditions
pursuant to Rule 6. AUDITIONS.
(4) The parties hereto agree to continue their joint efforts toward and
reaffirm their commitment to the policy of non-discrimination and to
an ongoing policy of furthering the principles of equal employment
opportunity. It is the desire of the parties that employment
opportunities for Actors with disabilities, Actors of color, seniors and
women be improved and that the stage reflect a diverse and
inclusive society.
(C) Non-Traditional Casting
(1) The parties hereto affirm their 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,
women, seniors and performers with disabilities, and is for the
casting of such performers in 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
announcements to agents and casting directors roles available for
Non-Traditional Casting and to actively solicit the participation of
Actors of color, women, seniors and performers with disabilities.
(3) The foregoing constitutes an expression by Equity and the
Producer of their desire to encourage and promote diverse and
inclusive employment practices.
(4) Producer agrees to encourage all Directors, Choreographers and
Casting Consultants in the Producer’s employ to select in
accordance with this policy. Furthermore, the Producer will provide
a statement of this Non-Traditional Casting policy to his all
Directors, Choreographers and Casting Consultants.
(D) 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 comparable disabilities shall
22
be informed and given the opportunity to audition for the role.
Producers will make a reasonable effort to cast a role depicting a
person with a disability with a performer with said, or a comparable,
disability.
(2) All auditions shall be held in premises which are architecturally
accessible. If auditions cannot be held in premises that are
architecturally accessible, the Producer will, upon notification by
Equity or by a performer with a disability who wishes to attend the
auditions, arrange for appropriate audition facilities to
accommodate performers with disabilities.
(3) When a deaf performer is sought or a deaf character is being cast,
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 performers who are blindor have low vision at
a place to be designated by the Producer, at least 48 hours in
advance of the audition.
(E) Records
(1) The Producer will maintain records of Actors of color (including but
not limited to African American, Asian/Asian Pacific American,
Hispanic American, Native American, multi-cultural), women,
seniors and Actors with disabilities auditioned at all auditions and
hired and will forward such records including information on Actors
hired, to Equity, at least once within each calendar year,on a form
supplied by Equity.
(2) The Producer may provide a form upon which performers who
appear at the audition may, at their option, designate ethnicity,
gender and disability.
(F) Sexual Harassment
The Producer shall maintain and enforce a written policy prohibiting
unlawful harassment and setting out a procedure for making complaints,
which shall be distributed to Actors on the first day of rehearsal and
posted on the Call Board.
23
performing, except in cases where dress rehearsals are being held or
rehearsals on opening date provided Equity has notified the Producer of
the meeting at least two weeks in advance. Time off for this purpose shall
not be counted as a part of that day's rehearsal.
(C) Special Power
(1) 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
the Actor’s position or make the Actor’s request or demand as the
case may be, with all of the power and authority of the Actor,
without liability to itself.
(2) 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 that Actor’s contract, said
action to be taken on behalf of the Association in writing by the
President, the Executive Director, or one of the Equity executives
authorized to act.
(D) Oral and Written Interpretations. Oral or telephone rulings made by
Equity are not binding upon the Association or, except with its consent,
upon its members. Written rulings or interpretations of the employment
contract or this Agreement must be either approved or given by the
President, the Executive Director, or one of the Equity executives
authorized to act, and shall be binding upon the Association only when
said person acts within the powers delegated to him by the Equity Council.
(E) Should there be any conflict between any Rules or any basis for more
than one interpretation as to the meaning of any of them, Equity shall have
the right to determine the correct interpretation or resolve the conflict, and
its decision shall be binding upon Actors.
(F) Duly authorized representatives of Equity shall have free access to all
work areas and housing and to all Actors at all times, inclusive of
rehearsals and performances.
(G) Determination of Classification. Equity has the sole right to determine
whether an individual is correctly classified as a Principal Actor, Chorus,
Stage Manager, or Assistant Stage Manager, and the Producer agrees
that Equity's determination shall be final.
24
structure of the Theatre or Producer or any change in the Theatre's physical
plant. Equity further reserves the right to review the use and/or renewal of this
Agreement each year.
27. HOUSING
The following shall apply to all out–of-town Actors (see Rule 19(H),
DEFINITIONS; see also Rule 69, TRANSPORTATION AND BAGGAGE):
(A) When the Actor arrives at the station or the airport of the theatre's location
by transportation specified by the Producer, the Producer shall provide
timely transportation for the Actor to the Actor's lodging.
(B) The Producer shall supply heated and air conditioned housing with access
to full kitchen and bathroom facilities at no cost to the Actor. Each Actor
shall be provided a single, private bedroom. There shall be access to a
working telephone, at no installation cost to the Actor, within the housing
facility. (If the Producer cannot provide such accommodations as outlined
herein, a per diem of no less than $35 shall be negotiated by Equity.) The
Producer's obligation shall be limited to providing a choice of Equity-
approved housing.
(C) The Producer shall provide, at no cost to the Actor, high speed, consumer-
grade Internet access in the Actor’s housing, either via wireless or a portal
(hook-up). When the Actor is housed in a hotel or other accommodations
where Internet access is available for a fee, the Producer shall reimburse
the Actor for the expense of Internet access for so long as the Actor is
housed in such hotel or other accommodations.
(D) In order to facilitate the Actor’s planning, the Producer will provide the
Actor, no later than one week prior to his/her arrival, with a description of
the housing, including furnishings and appliances, that will be available, as
25
well as whether the housing will be shared with the opposite gender.
(E) The following shall be the minimum furnishings supplied in each Actor’s
housing: bed and mattress in good condition; nightstand; reading lamp;
armchair or sofa; table and chairs; lamp; dresser; mirror; hangers;
linens/towels; pillows; blankets; wastebasket; radio alarm clock; and
television and cable, where available and necessary for adequate
reception. In multi-bedroom units or dormitories, the television and
armchairs or sofa may be provided in the common area. The Producer
shall make available irons and ironing boards.
(F) The following shall be the minimum kitchen equipment supplied in each
Actor’s housing: pots and pans with lids; coffee maker; cooking utensils;
silverware for four; not less than four plates; cups and glasses; can
opener; kitchen knives; and colander. Where housekeeping is not
provided, a broom and dustpan, as well as a mop and pail, shall be
furnished. If the housing contains a microwave oven, microwave-safe
accessories shall be furnished.
(G) The Producer shall provide an initial set-up of the following items in the
Actor’s housing prior to Actor’s arrival: toilet paper; paper towels; hand
soap; dish soap; salt and pepper; sugar; coffee; tea; garbage bags; and
sponge.
(H) If housing is shared, there shall be at least one full bathroom complete
with shower per three Actors housed in the accommodations.
(I) The Producer warrants and guarantees that the living accommodations
secured for the Actor shall be clean, safe and sanitary.
(J) The Producer is obligated to secure living accommodations for the Actor
and is not responsible for securing accommodations for the Actor's family
or pets.
(K) Neither the Actor's room number, address or phone number shall be given
out by the Theatre's business or box office, except to an authorized Equity
representative, unless authorized to do so by the Actor. The Producer
shall promptly relay phone calls of an emergency nature to the Actor.
(L) In all cases where there is no available public transportation and no
available suitable and moderately priced public dining and/or suitable
living accommodations within ¼ mile by normal transportation route to the
theatre, the Producer shall, at the Producer’s own expense, furnish
roundtrip transportation (including gas) to the Actor for all performances,
rehearsals, and/or meals as the case may require in accordance with a
pre-arranged schedule.
(1) This transportation shall be furnished in such manner that the Actor
shall arrive at the theatre not later than 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 ½ hour after each performance and promptly after each
rehearsal. Public transportation shall not mean public conveyances
for private hire such as taxis.
(2) When the Stage Manager is required by the Producer or the
26
Producer’s representative to be at the theatre at times when the
Actor is not so required, the Producer shall provide separate
transportation, including gas, for the Stage Manager to meals
and/or lodging.
(3) The Producer shall provide roundtrip transportation, including gas,
once a week at posted times to an area of diversified shopping,
including a bona fide supermarket, drugstore, and laundromat, if
such facilities are further than ¼ mile from the Actor's lodging.
(4) When suitable accommodations are available within two miles by
normal transportation route, but the Actor elects to go beyond that
area, then the Producer shall not be obligated to furnish such
transportation.
(M) Local Transportation. All transportation provided by the Producer to the
Actor shall be in a company car which shall be covered by
$500,000/$1,000,000 liability, operated by a properly licensed driver, and
shall conform with all laws of the city and state in which the vehicle is
registered and each Actor shall be provided with his own seat in the car.
The car shall be in good repair with functioning heating and ventilating
facilities and shall be equipped with functioning modern safety devices.
27
29. INJURY AND WORKERS’ COMPENSATION INSURANCE
(A) Workers’ Compensation Insurance. The Producer shall obtain and
maintain Workers’ Compensation insurance coverage for all Actors.
(B) Supplemental Workers’ Compensation Insurance. The Producer shall
provide insurance supplementing worker's compensation disability
benefits through a policy administered by the Equity-League Health Trust
Fund, the cost of which shall be included in the weekly health contribution
rate. This supplemental workers’ compensation may be payable, in
addition to workers’ compensation, for injuries received during the course
of employment. A schedule of these benefits may be obtained from the
Equity-League Health Fund Office.
(C) The Producer agrees that the Stage Manager shall forward to Equity (and
copy Producer) a weekly injury/illness report on a form supplied by Equity.
28
not called to the appearance or a rehearsal for same, but does work in
preparation for or restoration after the appearance, the Stage Manager will
be paid at the overtime rate for each hour or part thereof worked.
29
sessions.
(d) The Producer shall give the cast as much notice of
Recording as possible but in no event less than 24 hours’
notice.
(e) If the time of Recording is changed, the Producer shall notify
the cast of such change and of the rescheduled time.
(2) At a Performance
(a) Recording may be for only 30 minutes of footage.
(b) If possible, the cast shall be given 24 hours’ notice.
(c) When cameras are going to Record, the cast shall be given
notice at the half-hour call.
(d) No additional or altered lighting may be used. It is intended
that in permitting such Recording, neither the Actor nor the
audience shall be disturbed in any manner.
(3) Additional Footage
(a) The Producer may Record interviews, backstage footage
and other non-rehearsal/non-performance footage (together,
“Additional Footage”), which must be voluntary.
(b) The Producer’s intent is to show the Actors in the best
possible light.
(c) The Actor’s written permission is required at the time of
Recording for costume fittings/changes and warm-ups.
There may be no capture of nudity.
(d) There is no time limit on the Recording or use of Additional
Footage.
(4) Provisions Applicable to Performance and Rehearsal
(a) No more than three minutes of any Recorded portion of the
performance or rehearsal shall be shown on the TV news
broadcast or community affairs program nor may the edited
footage shown depict an entire scene or musical number.
(b) No payment shall be required provided no payments are
made to any other personnel employed in the production.
(c) A Stage Manager under contract is required at every
Recording.
(d) For any violation hereof other than violations of unauthorized
subsequent use of the Recording, the Producer shall pay
one week's contractual salary or Production Contract
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.
(C) Advance News Rule Recording. The Producer may Record Advance
News Rule footage, provided that Producer adheres strictly to all the terms
30
and conditions of (B) above, in order to be able to supply footage to
television stations which cannot, for whatever reason, supply their own
crews to take such footage. The Producer will advise all media to whom
the footage is supplied of the terms and conditions outlined in this
Agreement under which the airing of such footage is governed. The
Producer will be limited to one such Recording per production and
remains liable for any claims resulting from any misuse of such footage.
(D) Reproduction for Non-Broadcast Public Relations, Fundraising,
Marketing, or Civic Promotion, and Grant, Award, or Prize
Applications. In a not-for-profit theatre only, a recording maybe be made
for use by the Producer in non-broadcast public relations, fundraising,
marketing, or civic promotion programs and grant, award, or prize
applications under the following terms and conditions:
(1) All Recording must occur in accordance with (B) above.
(2) The Producer shall receive no compensation for the exhibition of
any Recording produced under the terms of this provision.
(3) The Producer shall provide Equity with the opportunity to view the
completed Recording.
(4) The Producer shall maintain control and ownership of all
Recordings and shall ensure that it is used for no commercial
purpose whatsoever.
(5) The finished Recording produced under the terms of this provision
may include no more than a total of 10 minutes of footage from a
production. For fundraising, and grant, award, or prize applications,
the finished Recording may contain up to 15 minutes of a
production, but in no case more than 25% of the production. Such
edited footage may depict an entire scene or musical number. If
the Recording is to be used for civic promotion programs or for
showing at point of purchase location (that is, video monitors near a
box office), the Recording shall be no more than three minutes in
length.
(6) The provisions of this section are not intended to allow Recording
for the creation of television commercials or Public Service
Announcements and these Recordings may not be used in such
commercials.
(7) The Producer may retain and use Recordings made under this Rule
for as long as the Theatre operates under the SPT Agreement,
after which the Recordings shall be delivered to Equity to be
destroyed.
(8) For any violation hereof, the Producer shall pay one week's
contractual salary or Production Contract 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.
31
(E) TV or Radio Spot Commercials. The Actor may make a TV or radio spot
commercial of one minute or less in duration promoting the theatre or
production, if no less than the applicable SAG-AFTRA minimum is paid to
the Actors. If a TV commercial is made from still photographs of persons
in the cast, each Actor contained within the photograph, whether
recognizable or not, shall receive no less than the applicable SAG-AFTRA
minimum. When a Stage Manager and/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-AFTRA minimum of a Principal (on
camera) to the Stage Manager(s) and/or Dance Captain.
(F) Cast Album. The Producer agrees that any Actor who sings or verbalizes
in any number in the production which is included in the Recording
session of the cast album and the Stage Manager shall be employed on
the appropriate SAG-AFTRA contract for the Recording of all or part of
that production. The Actor shall receive no less than the required SAG-
AFTRA payment for making the cast album. In no event, however, shall
the Actor receive less than one week’s contractual salary per day or part
thereof so employed or the prevailing Tier 10, Actor salary minimum,
whichever is greater. Should there be a cast album made under this
Agreement and should the Producer have some financial interest and/or
control in a subsequent Equity production that occurs within three years
from the last performance under this Agreement, the Producer shall pay
the Actors who made the cast album under the SPT Agreement the
difference, if any, between the compensation that would have been
required for an Actor's participation in the cast album under the second
contract and the compensation the Actor received for making the cast
album or part thereof under SPT.
(G) Archival Recording. An archival Recording of the production may be
permitted with the express written permission of Equity and under such
terms and conditions as Equity may establish. The cast must be apprised
of the archival Recording Rules in writing 48 hours in advance of the
Archival Recording.
(H) Websites. Up to a total of five minutes of rehearsal and/or performance
footage (which may depict an entire scene or musical number) may be
used on websites of the Theatre or the individual production, including
pages on non-embeddable third-party hosting sites, e.g., Facebook. Use
of rehearsal and/or performance footage on any other website shall
require Equity’s written permission. This does not preclude the Theatre
from being linked on other websites.
(I) For any unauthorized use of any Recorded material, the Producer shall
pay no less than the applicable SAG-AFTRA minimum for that type of
usage plus two weeks’ contractual salary, or Production Contract
minimum, whichever is greater, to each Actor whose rights have been
breached hereunder.
(J) Use of Footage After Expiration Date of Contract. Any footage
produced under this Rule shall continue to be governed by the terms of
this Agreement without regard to the expiration of this Agreement and
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without regard to the amendment of this Agreement except to the extent
that such amendment shall so provide.
34. MINORS
(A) Auditions. Auditions for Minors shall begin no earlier than 3:30pm on
school days.
(B) Travel. Whenever Minors are required to travel, they shall be
accompanied by a parent or adult designated by the parent. All terms and
conditions under which the Minor’s parent or designated accompanying
adult will travel and lodge during the Minor’s term of employment shall be
described in a rider to the Minor’s contract, which rider shall be attached to
the Minor’s contract prior to signing. Producer-provided housing shall be
appropriate for two people. Should a per diem be due to the Minor, the
Producer shall pay the Minor not less than an additional one-third of the
full per diem rate.
(C) The Producer shall provide a responsible person to supervise Minors
under the age of 16 during the rehearsal period and all performances from
half-hour until a responsible parent or adult designated by the parent has
called for each Minor after curtain down. Such persons shall not perform
functions that interfere with the supervision of said Minors, and Stage
Managers in the production shall not perform such supervisory duties.
(D) Dressing Rooms. Producer will assign dressing room space for Minors in
age-appropriate combinations, which shall be separate from adult Chorus
or Principals.
(E) Tutoring. The Producer shall provide a tutor for all Minors in his employ
who are away from their place of residence during their normal school
term. Tutorial time shall be deducted from the allowed rehearsal hours.
(F) Working Papers. The Minor's working papers, where required, must be
filed with the applicable state authorities (copy to Equity) by the Minor's
first day of employment.
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requiring the Actor to miss one to three days of rehearsal or
performance, the Actor shall give written notice to the Producer or
the Producer’s duly authorized representative no later than 48
hours prior to the first missed rehearsal or performance. For an
absence of four to seven days, the Actor shall give 72 hours’ written
notice as indicated above. The Actor shall send a copy of the
notice to Equity.
(2) Long-Term More Remunerative Employment. For an absence
requiring the Actor to miss eight to 14 days of rehearsal or
performance, the Actor shall give written notice to the Producer or
the Producer’s duly authorized representative no later than seven
days prior to the first missed rehearsal or performance. The Actor
shall send a copy of the notice to Equity.
(B) The Actor shall not be excused for more remunerative employment during
the six days prior to the first public performance and for two days following
the first public performance.
(C) Should the Actor's absence due to more remunerative employment extend
beyond two weeks, the Actor's contract may be terminated by the
Producer without further financial obligation, by giving the Actor written
notice to be effective immediately, provided the Actor has been
compensated for all services rendered to date.
(D) The Actor shall provide the Stage Manager with a written schedule of all
such work where unexpected delays might cause the Actor to be late for
or miss a rehearsal or performance. Further, the Actor shall inform the
Stage Manager and the Producer immediately in the event that such
potential conflict shall in fact cause absence. The Producer shall provide
an understudy for the Actor (see Rule 70, UNDERSTUDIES) to cover any
performance at which the Actor may be unable to perform because of a
more remunerative employment commitment that may prevent the Actor
from making the half-hour call. Any loss of performance due to the failure
of the Producer to engage, employ or prepare an understudy shall be the
sole liability of the Producer regardless of the reason that causes any
Actor's absence.
(E) The Actor who returns from more remunerative employment leave may
rehearse or perform at the Producer's discretion.
(F) A nonprofessional replacement or understudy may not substitute for an
Actor for a period longer than two weeks without benefit of an Equity
contract.
(G) The Producer may deduct the appropriate pro rata portion (see Rule 19(J),
DEFINITIONS) of the Actor's contractual salary for each rehearsal day or
performance missed as a result of notice given under this Rule.
(H) If requested, the Actor shall furnish proof of the more remunerative
employment.
(I) If notice of termination in accordance with all provisions of Rule 67,
TERMINATION (See also Rule 28, ILLNESS AND SICK LEAVE), is given
during or before a leave of absence, the leave shall be calculated as part
34
of the notice period.
37. MUSICALS
Before a musical is scheduled, and prior to auditions, the Producer shall contact
Equity for specific musical rules, including, but not limited to, all Chorus
provisions and requirements. (See Rule 12, CHORUS)
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(D) The provisions of this Rule shall not be deemed to effect the express
rights of Equity or the Actor under Rule 9, BREACHES BY PRODUCER,
Rule 18, DEFAULTING EMPLOYERS, or Rule 48, PRODUCTION
PROSECUTED.
40. NONPROFESSIONALS
(A) The use of nonprofessionals shall be negotiated between the Producer
and Equity.
(B) If the employment of nonprofessionals is permitted, the Producer agrees
to provide Equity with a list of all cast members’ names and social security
numbers no later than the end of the first week of rehearsals. For each
nonprofessional engaged in the production, the Producer shall submit to
Equity a Nonprofessional Registration Form, provided by Equity, no later
than one week after Equity notifies the Producer of the appropriate
required form. Participation by a Theatre in the Equity Membership
Candidate Program shall be at Equity’s sole discretion.
42. NUDITY
Nudity shall not be permitted in any interview or audition. Nudity shall not be
permitted in any rehearsal or performance without prior consent of Equity and
only under the below-listed terms and conditions.
(A) Rehearsals/Performances
(1) SEX ACTS DURING REHEARSAL OR PERFORMANCE SHALL
NOT BE PERMITTED.
(2) The Actor shall not appear nude or perform acts of a sexual nature
in the course of a stage presentation unless the Actor has been
advised and gives written consent by the time of the Actor’s signing
the contract. The script shall be submitted for review if the Actor so
requests.
(3) Actor shall not pose for nude photographs or appear nude for any
motion picture filming, videotaping or other forms of visual
recording without the Actor’s prior written consent. The applicable
consent form shall be provided by Equity.
(4) Photographs in which any Actor appears nude or performs an act of
a sexual nature shall not be used in any way without the prior
written consent of each Actor appearing in the photograph, or copy
of the photograph, on a fully executed “Nude Photograph/Video
36
Release” form. The Actor’s written consent shall also appear on a
copy of the photograph release. Such request to utilize the
photograph shall specify the specific use for the photograph. The
signed, released photograph and release form shall be filed with
Equity. The Producer and the Actor shall keep duplicate records.
(a) Prior to release or use of any film or videotape, video
cassette, or any electronic or mechanical reproduction in
which any Actor appears nude, each Actor appearing in the
scene shall be given an opportunity to view the film or tape.
Use or release shall not be permitted without the prior written
consent of each Actor participating in a scene where any
Actor appears nude, or performs acts of a sexual nature, on
a fully executed Nude Photograph/Video Release form. The
Producer shall file a copy of the fully executed release form
for each Actor with Equity.
(b) An authorized Equity representative shall be present at all
such photographing, filming or videotaping.
(5) The Actor shall not, while nude, mix with the audience or leave the
stage, backstage or performance area. The Producer shall take all
necessary measures to insure that no member of the audience
shall be permitted to enter the stage, performance area or
backstage while any Actor is nude.
(6) Artist renderings of nude Actors shall not be permitted without the
Actor’s prior written consent.
(B) If the Producer breaches any of the above provisions, the Producer shall
be assessed damages of no less than two weeks’ contractual salary for
each violation of any of the provisions set forth above in Paragraph Error!
Reference source not found. for each Actor involved.
(C) The above provisions shall not preclude the Actor or Equity from instituting
any civil action in addition to the damages set forth in this Rule.
43. PARKING
The Theatre shall provide parking for the Actors under the same conditions as
are generally and customarily offered to a majority of the Theatre’s staff. For
example, if the Theatre’s staff receives free or discounted parking privileges, the
Actor shall receive the same privileges or if the staff participates in a parking
lottery, the Actor shall participate proportionately on the same terms.
44. PENSION
The Producer shall participate in the Equity-League Pension Trust Fund and
shall make weekly contributions thereto in an amount equal to 8% of all gross
salary payments made to the Actor. The Producer agrees to be bound by the
Agreement and Declaration of Trust establishing the Equity-League Pension
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
37
of this Agreement.
45. PERFORMANCES
(A) Schedule. The regular performance schedule shall be made known to all
Actors, by means of a rider to the contract, no later than the signing of the
contract.
(B) Maximum Number of Performances. Unless otherwise stated in the
Producer’s rider, the workweek shall consist of no more than the below-
listed number of performances, performed in no more than six days.
Categories 1, 2 & 3: 4 performances
Categories 4 & 5: 5 performances
Categories 6 & 7: 6 performances
Categories 8 & 9: 7 performances
Category 10: 8 performances
There shall be no more than two performances on any one day and no
more than five performances in any three consecutive days. (But see Rule
10(D), BREAKS AND REST PERIODS.) Except by written permission of
Equity, all performance days within each week shall be consecutive. The
Actor shall have a full day off in each workweek in addition to the standard
12-hour rest break.
(C) Length. No performance shall last longer than 3½ hours, inclusive of half-
hour and intermissions.
(D) Time. On a single performance day the performance shall not last later
than 11:30 PM.
(E) Half-Hour. During “half-hour” the Actor shall be permitted to prepare for
the performance without the distraction of non-company backstage visitors
and without invasion for notes and/or rehearsal, except for last minute
emergency replacement rehearsal. Each Actor shall receive an actual
“half hour” regardless of the time of the Actor’s call to places.
(F) Two-Performance Days. The span of performances on a two-
performance day shall not exceed 9½ hours, inclusive of half-hour on the
first performance, intermissions, and break between performances, except
that no more than once per week the span may be increased to 12 hours
to allow for a student matinee. Any invasion of the 12-hour rest period
shall be paid at double the overtime rate. Should there be less than two
hours from curtain down to curtain up between performances, the
Producer, at his own expense, shall provide the Actors with a meal at the
theatre within 15 minutes of the conclusion of the first performance. The
Actor shall have a choice of hot or cold balanced meal (including a
vegetarian choice) including a choice of beverage. Should the Producer
not provide a meal, the Producer shall pay a meal allowance of no less
than $10 to the Actor. The cast shall be notified 24 hours in advance that
a meal shall not provided. Twinight performances shall have not less than
one hour between performances and shall not start earlier than 5:00 PM
nor end later than l:00 AM.
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(G) Notes
(1) A note session may be held after a performance provided that the
director and/or choreographer who has called the session shall
have seen a performance within 48 hours prior to the call and shall
give the notes personally.
(2) The note session shall be limited to one hour from curtain down
and that hour shall be deducted from the allotted rehearsal time for
the week.
(3) Such note sessions may be held only on a one-performance day
and only twice during the run of the play.
(4) Personal Actor notes may not be openly posted on the callboard or
sent to the Actor in a group email.
(5) No oral or written notes may be given after the half-hour call.
However, individual written notes may be distributed to the Actor’s
dressing table prior to half-hour.
(H) Overtime. Should the Actor be required to perform more than the hours
set forth in this Rule, the Producer shall pay overtime at no less than the
overtime rate listed in the Minimum Compensation Table, except that any
time worked which invades the 12-hour rest break shall be paid at double
the overtime rate.
(I) Extra Performances. One extra performance shall be paid for at no less
than 1½ times the contractual pro rata performance rate. A second extra
performance in the same workweek shall be paid for at double the
contractual pro rata performance rate. Additional performances shall not
be scheduled in more than two consecutive weeks. The cast shall be
given at least one week's notice of intention to give an extra performance
posted on the theatre callboard. However, no scheduling of an extra
performance shall be permitted on the Actor's designated day off. The
cast shall be given at least one weeks’ notice to cancel an extra
performance, unless the performance is a student matinee, in which case
a 48-hour notice is required. Failure to give minimum notice of
cancellation of an extra performance shall require the Producer to pay for
the extra performance.
(J) Substitute Performances. A change in the performance schedule may
be made only with the consent of Equity. The Actor shall have no less
than one week’s prior notice of the change in schedule and a rider to each
Actor's contract, stating the change, shall be filed with Equity.
46. PHOTOGRAPHS
(A) In addition to the regular rehearsal time, one photo call not to exceed 1½
hours in length may be scheduled either immediately prior to or
immediately after rehearsal. All photographs are to be used for the sole
purpose of publicizing and advertising the production or theatre.
(B) After the first public performance, company picture calls shall be limited to
one call of not more than 1½ hour’s duration within every six-week period.
39
(1) The time during which photographs may be taken shall not exceed
1½ hours and shall begin within 15 minutes following the end of the
performance. The Producer shall provide refreshments for the
company.
(2) These picture calls shall be not less than two weeks apart and shall
take place immediately following a performance on a one-
performance day, but not on the day immediately preceding the
scheduled day off, nor on a day in which a 10 out of 12 hour
rehearsal occurs.
(C) Notice of all photo calls, including those during rehearsal hours, shall be
given at least 24 hours in advance. For calls scheduled to follow a
performance, a list of the sequence of photos shall be posted prior to half-
hour call for that performance.
(D) If the photographs are taken at a time other than specified above, each
Actor (including Stage Managers) shall receive the pro rata portion of
contractual salary for each such call. If the 1 ½ -hour time limit of any
photo call is exceeded, each Actor (including Stage Managers) shall
receive double the applicable overtime rate.
(E) In all cases under the control of the Producer, in photographs of three or
fewer Actors, each Actor's name shall be properly credited in the publicity
whenever and wherever the photographs are used. If the Actor does not
receive proper credit in photographs or publicity under the control of the
Producer, Equity or the Actor shall notify the Producer in writing of
improper credit. If such error is not corrected within one week of the
Producer being notified, the Actor shall be paid the pro rata portion of
contractual salary for each day thereafter that the error remains
uncorrected, up to a maximum of one week's salary.
47. No Actor may be required to pose for nude photographs. (See Rule 41,
NON-TRADITIONAL CASTING. (See Rule 23. EQUAL EMPLOYMENT
OPPORTUNITY, NON-DISCRIMINATION, AND NON-TRADITIONAL
CASTING).
(A) NUDITY.)
(B) The Producer must obtain the Actor's prior written authorization before the
Actor's picture, name or likeness may be used in conjunction with a
commercial product and said authorization shall specify the commercial
product involved. A copy of the authorization shall be filed with Equity. If
the Actor consents to the use of the Actor's picture, name or likeness as
aforesaid, the Actor shall be paid not less than $150 for such use. Actors
called to a picture call for the purpose described above, whether the call is
at the theatre or elsewhere, shall be paid not less than $100 per hour for
the call.
(C) Photos which include Actors engaged under an Equity contract may not
be used to publicize productions which are not under an Equity contract.
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48. PRODUCTION PROSECUTED
(A) Should the production in which the Actor is engaged be complained of as
being in violation of any federal, state or local statute, ordinance, or law,
and should a claim or charge, either civil or criminal, be made against the
Actor on account of being engaged in such production, the Producer shall
defend the Actor at the Producer's own expense, or shall pay any and all
reasonable charges laid out or incurred by the Actor in the Producer's
defense, and shall indemnify the Actor against any loss or damage which
the Actor may suffer on account of being engaged in any such production.
(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 eliminate 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 the
Producer or the author be arrested or summoned on such charges, then,
Equity consenting, the Actor may end and 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 the Producer's
failure to do so, or for any breach of this Rule, the Producer shall pay to
the Actor (Equity consenting) the sum of $2,500. 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.
41
(3) If biographical materials are printed in the program, the Producer
shall also include the short biographical history of Actors' Equity
Association that shall be provided by Equity.
(4) In the event the Actor's biographical material is printed in the
program or souvenir program, the Actor shall have the right of
approval of biographical material, which approval shall be in writing
and not unreasonably withheld. Biographical material not
disapproved within 48 hours of its submission to the Actor shall be
considered approved.
(5) In the event that there are errors or omissions in the printed cast list
in the program, the Producer agrees that upon receipt of notice of
an omission or error in such cast list, the Producer shall, within 24
hours, place in the program a slip sheet correcting the omission or
error, and shall also correct the omission or error in the next
printing of the program, provided such notice is given at least 48
hours (including at least two business days) prior to the press
deadline. Souvenir programs shall be corrected at the next
printing.
(6) For each failure either to place a correction slip in the program as
stated above, or to correct the program cast list at the next printing
after proper notice, the Producer shall pay the Actor involved an
additional sum not less than the pro rata portion of contractual
salary for each performance during which the omission or error
continues.
(B) House Boards. The Producer shall provide a house board, prominently
displayed either outside the theatre or in the lobby, on which the names of
all Actors and Stage Managers in the cast are listed in letters at least ½
inch high.
(C) Changes In Cast
(1) All changes in cast involving Actors, except as provided below,
shall be made known as follows:
An announcement, which shall be at least eight by 10 inches in
size, with the name of the part and the Actor in letters of at least
one inch, shall be posted conspicuously and prominently at the
entrance of the theatre where tickets of admission are collected,
and either:
(a) An announcement of the change in cast shall be made from
the stage or over the public address system immediately
prior to the beginning of performance; or
(b) Such announcement shall be made in all programs and/or
Playbills by the insertion of a printed slip.
(2) When an Actor leaves a cast, the Actor’s name and/or likeness (in
photographs portraying three or fewer cast members) shall be
removed from all front-of-the-house boards and frames. The
removal shall be made prior to the first performance of the Actor's
successor. The Producer shall also immediately remove the name
42
and/or likeness of any Actor no longer in the cast from all other
advertising and display media.
(3) Failure to Comply. Should the Producer fail to comply with
Paragraph (1), and/or (2) above, the Producer shall pay to the Actor
currently performing and to the Actor whose name and/or likeness
had not been removed an additional sum not less than the pro rata
portion of contractual salary for each performance for which the
Producer has not complied with this Rule.
(D) Individual Billing
(1) All provisions pertaining to individual billing of the Actor shall be
specific and shall be clearly set forth in the Actor's contract.
(2) Whenever a breach of a billing clause contained in an Actor's
individual contract is claimed, Equity, the Actor or the Deputy shall
notify the Producer of the breach by letter. If the breach is not
corrected within seven days of receipt of notification, the Producer
shall pay to the Actor not less than the pro rata portion of
contractual salary for each week the breach continues. If the
breach involves billing in a magazine or similar publication, the
Producer shall be notified at least seven or more days prior to the
press deadline. If the breach involves billing in a newspaper, the
time interval shall be 48 or more hours prior to the press deadline.
(E) The Producer shall send a copy of the official program to the Equity office
as soon as it is available, and whenever program or cast changes are
made Equity shall be notified immediately.
43
callboard.
(C) The Producer shall be liable as provided above whether or not the act,
fault or negligence of the Producer, the Producer's agents, or
representatives caused or contributed to such loss or damage.
(D) The Producer may meet the foregoing obligation by maintaining sufficient
insurance coverage that shall provide the same protection as the Producer
hereby assumes. Upon the direct payment of any loss or damage to the
Actor by the Producer, the Producer or the Insurer shall be surrogated to
all rights of the Actor to the extent of such payment.
52. REHEARSALS
(A) Notice To Equity. The Producer shall notify Equity of the hour, date and
place of the first rehearsal at least seven days in advance of the rehearsal.
(B) Rehearsal Schedule. The rehearsal schedule (that is, the time of day
when rehearsals shall take place) shall be made known to each Actor, by
means of a rider to the contract, no later than the signing of the contract.
There shall be no less than 24 hours’ notice of any change in rehearsal
time. However, in Categories 1 through 5, any subsequent changes in
said rehearsal times shall be solely at the convenience of and with the
consent of the Actors involved. (See also (J)(4) below.)
(C) Equity Business. Not less than 30 minutes shall be set aside on the first
day of rehearsal to allow the cast to conduct Equity business, including the
election of an Equity Deputy. This time shall not be counted as part of
rehearsal hours. This time shall be exclusive, however, of time devoted to
paperwork, including the filling out of I-9 and W-4 forms, and the conduct
of any other business by the Producer.
(D) Beginning of Employment. Employment and salary begins with the date
when the Actor is first called. (See also Rule 14(N), CLOTHES AND
MAKEUP.) If the Producer chooses to start with a reading of the play
involving any part of the Company, said reading is a part of, and begins
the rehearsal period for, those Actors. (See also Paragraph (K) below.)
(E) The Producer shall provide a printed copy of the script to each Actor. The
44
Producer may not require Actors to print or obtain their own copies of the
script.
(F) Prior Work. The Actor shall not be required to memorize a part and/or
musical score prior to first rehearsal unless the Actor agrees in writing by
means of a rider attached to the contact. The Actor shall receive no less
than one week's contractual salary for such work.
(G) Actors shall not be required to perform in front of an audience until they
have had a technical rehearsal on the stage set, with a full-dress, full-tech,
non-stop run-through of the entire play, including intermissions. Such
technical rehearsal shall include, but not be limited to, rehearsal on the set
with such props, lighting effects, mechanical or pyrotechnic devices,
weapons, and costumes necessary for the production. No understudy
shall be required to perform until the understudy has had at least one
rehearsal encompassing all blocking, music (with at least piano
accompaniment), and all choreography including fight choreography (as
applicable). Such rehearsal shall also include use of props, weapons,
costumes, mechanical or pyrotechnic devices as deemed necessary.
(H) Rehearsal Hours Before First Public Performance
(1) Length and Span. Rehearsals may be scheduled as follows:
(a) Categories 1 through 4: 5 out of 6½ hours per weekday,
and 7 out of 8½ hours per weekend day or, by unanimous
secret ballot vote, on a weekday; and
(b) Categories 5 through 10: 7 out of 8½ hours per day.
(c) For costume call hours, see Rule 14(O), CLOTHES AND
MAKEUP.
(d) For photo call hours, see Rule 46(A), PHOTOGRAPHS.
(e) The Producer may utilize a six-hour rehearsal block provided
the following conditions are met:
(i) There has been a unanimous secret ballot vote by the
Actors;
(ii) The six-hour rehearsal block shall constitute the entire
work schedule for the day;
(iii) The six-hour rehearsal block shall count as seven
hours in tallying the work hours for the week;
(iv) The 1½ hour break need not be scheduled;
(v) One of the required five or 10 minute breaks (see
Rule 10(B), BREAKS AND REST PERIODS) shall be
increased to 20 minutes;
(vi) The Actor shall receive no less than 24 hours’ notice
that the six-hour rehearsal block will be utilized; and
(vii) The Producer shall inform the Actor in a rider to his
contract that the six-hour rehearsal block option may
be used.
(2) Any rehearsal over the daily limits above or weekly limits below
45
shall be paid at the overtime rate as set forth in the Minimum
Compensation Table. (See also (3) below.)
(a) Category 1: 22 hours (Actor);
24 hours (Stage Manager)
(b) Category 2: 26 hours (Actor);
30 hours (Stage Manager)
(c) Categories 3 & 4: 30 hours (Actor);
34 hours (Stage Manager)
(d) Categories 5 & 6: 34 hours (Actor);
38 hours (Stage Manager)
(e) Categories 7 & 8: 38 hours (Actor);
42 hours (Stage Manager)
(f) Categories 9 & 10: 42 hours (Actor);
46 hours (Stage Manager)
(3) Additional Rehearsal Time. In Categories 1 through 6, in any one
rehearsal week, the Producer may purchase a single pack of five
additional rehearsal hours at the regular hourly rehearsal rate to be
scheduled throughout a single specified week in accordance with
all rules governing required breaks, rest periods and length of the
work day. To exercise this option, the Producer must so inform the
Actor in a rider no later than at the time of original contract signing.
(4) Minimum Two-Hour Call. Any time the Actor is called to rehearse,
the Actor shall be credited with two hours of rehearsal, except in
the instance of a one-hour rehearsal immediately before half-hour
(see Paragraph (J)(2)(e) below).
(I) Rehearsal Hours - Week of First Public Performance
(1) During the seven days preceding the first public performance,
provided that the workweek does not exceed the maximum weekly
hours, as stated in the Minimum Compensation Table and in Rule
59 SALARIES, the schedule may include tech-dress rehearsal days
as follows:
(a) Categories 1 through 4: one day of 10 out of 12 hours, or
two days of 8 out of 10 hours; and
(b) Categories 5 though 10: two days of 10 out of 12 hours.
(2) In addition, during the week of the first public performance, the
Producer may schedule rehearsals on one-performance days,
provided the workweek does not exceed the maximum weekly
hours as stated in (H)(1) above and that the workday does not
exceed 7 out of 10 hours. (For purposes of this Rule, performance
hours shall be considered actual running time including half-hour,
but in no case less than 2½ hours.) All other provisions of
Paragraph (H) above shall apply.
(3) Notice of. (See (B) above. See also (J)(4) below.)
(J) Rehearsal Hours After the Week of the First Public Performance
46
(1) Rehearsals after the week of the first public performance shall be
limited to six hours per week for brush-up, replacement, and
understudy rehearsals. Any rehearsal of new material after the
press opening or two weeks following the first public performance,
whichever comes first, shall require payment of overtime.
Whenever new material is rehearsed, it shall be subject to and
deducted from the allotted six hours noted above.
(2) Scheduling
(a) Rehearsals scheduled on a one-performance day shall be
limited to five hours in duration.
(b) The span of time between the end of rehearsal and the
beginning of performance (curtain up) shall be two hours.
(See also (e) below.)
(c) No rehearsal may be scheduled on a two-performance day,
except there may be up to two hours of rehearsal:
(i) In the event of an emergency put-in; or
(ii) With the unanimous secret ballot vote of the Cast.
(iii) See also (K)(3) below.
(d) Rehearsal on a non-performance day shall be governed by
the applicable Category’s rehearsal rules for weeks prior to
the first public performance, except that rehearsal hours may
not exceed the weekly limits prescribed in (1) above without
the payment of overtime.
(e) A rehearsal of no more than one hour may be called no
more than three times in any one week during the one hour
preceding the half-hour call. Each such call shall be
deducted from the weekly rehearsal hours set forth above in
segments of no less than one hour. The Actor shall be
compensated at no less than the overtime rate if all the
following conditions are not met:
(i) This rehearsal shall be the only rehearsal call of the
day, and may not be held on a two-performance day.
(ii) Notice shall be given per Paragraph (4) below.
(iii) A fight rehearsal (as required in Rule 64(A)(3),
STAGE FIGHTING) shall take precedence for the
individuals involved.
(iv) No new materials may be rehearsed.
(v) No more than five hours may elapse between this
rehearsal call and curtain down.
(f) Transportation for Actors involved in such rehearsal shall be
provided in addition to the regularly scheduled pickups of
Actors for the performance.
(g) No rehearsal may be called on the Designated Day Off.
(h) Notes. (See Rule 45(G), PERFORMANCES.)
47
(3) Musical Rehearsals. The Producer shall provide appropriate
musical rehearsal including an accompanist for Understudies
and/or replacements at no expense to the Actor.
(4) Rehearsal Notice. The Actor shall be notified no later than curtain
down of the last performance each week of all upcoming brush-up,
understudy and replacement rehearsals for the next week. (This
shall not apply to emergency replacement rehearsals.) In all
circumstances, the more remunerative short- and long-term clauses
shall apply.
(5) Rehearsal Time Utilized. If the Actor is called for a rehearsal that
is designated to be of a specific time and duration, the Actor shall
be credited with the total hours of the call regardless of whether the
Actor is kept for the entire time period.
(6) Overtime. Should the Actor rehearse more than the hours required
by this Rule, the Producer shall pay overtime as set forth in the
Minimum Compensation Table and in Rule 59, SALARIES.
(K) Consecutive Productions (See also Rule 59(A)(1), SALARIES.)
An Actor or Stage Manager may be employed for consecutive
productions, by means of a rider, for no less than the additional minimum
overlap increment (see Minimum Compensation Table) for any week in
which the Actor or Stage Manager rehearses in one production while
performing in another. Assistant Stage Managers shall receive the Stage
Manager overlap increment. Overlap increments are as published, and
shall not be less than 20% of the applicable Category minimum weekly
Actor salary for Actors and not less than 30% of the applicable Category
minimum weekly Stage Manager salary for members of the stage
management team. During overlap weeks, the below-listed conditions
shall apply.
(1) The workweek hours for Actors and Stage Managers shall not
exceed the following limits without incurring overtime:
(a) Category 1: 22 (Actor); 32 (SM)
(b) Category 2: 26 (Actor); 38 (SM)
(c) Categories 3 & 4: 30 (Actor); 40 (SM)
(d) Categories 5 & 6: 34 (Actor); 48 (SM)
(e) Categories 7 & 8: 38 (Actor); 52 (SM)
(f) Categories 9 & 10: 42 (Actor); 56 (SM)
(2) Rehearsals shall be limited to five hours on a one-performance day.
(3) There shall be no rehearsal on a two-performance day, if only one
such day is scheduled in the week. If the week contains more than
one two-performance day, there may be two hours of rehearsal on
one two-performance day during that week.
(4) There shall be a 2 hour break between the end of rehearsal and the
half-hour call for performance.
(L) Rehearsals Discontinued or Play Abandoned. If a production is
abandoned before or during rehearsals, the Producer shall pay the Actor
48
two weeks' contractual salary plus compensation for all services rendered
to date.
55. Except as noted in Rule 73(C), VACATIONS, Rule 28(A), ILLNESS AND
SICK LEAVE, and Rule 35(A), MINORS
(A) Auditions. Auditions for Minors shall begin no earlier than 3:30pm on
school days.
(B) Travel. Whenever Minors are required to travel, they shall be
accompanied by a parent or adult designated by the parent. All terms and
conditions under which the Minor’s parent or designated accompanying
adult will travel and lodge during the Minor’s term of employment shall be
described in a rider to the Minor’s contract, which rider shall be attached to
the Minor’s contract prior to signing. Producer-provided housing shall be
appropriate for two people. Should a per diem be due to the Minor, the
Producer shall pay the Minor not less than an additional one-third of the
full per diem rate.
(C) The Producer shall provide a responsible person to supervise Minors
under the age of 16 during the rehearsal period and all performances from
half-hour until a responsible parent or adult designated by the parent has
called for each Minor after curtain down. Such persons shall not perform
functions that interfere with the supervision of said Minors, and Stage
Managers in the production shall not perform such supervisory duties.
(D) Dressing Rooms. Producer will assign dressing room space for Minors in
age-appropriate combinations, which shall be separate from adult Chorus
or Principals.
(E) Tutoring. The Producer shall provide a tutor for all Minors in his employ
who are away from their place of residence during their normal school
term. Tutorial time shall be deducted from the allowed rehearsal hours.
(F) Working Papers. The Minor's working papers, where required, must be
filed with the applicable state authorities (copy to Equity) by the Minor's
first day of employment.
(G) MORE REMUNERATIVE EMPLOYMENT (MRE), an Actor shall be
replaced with another Actor, whether the Producer or Actor gives notice.
The Actor’s Replacement shall be contracted and called for a minimum of
three days of rehearsal or training. For each such day, the Replacement
Actor’s rehearsal/training hours shall be governed by the appropriate
Category’s “Rehearsal Hours Before First Public Performance” (see Rule
49
52(G), REHEARSALS).
The above rehearsal/payment requirement shall be waived for an Actor
who is returning to play a role/function that the Actor has played in that
production within the previous three months, provided Equity is notified in
writing of the consent of both the returning Actor and the production’s
Stage Manager.
(H) Unless Equity shall otherwise order, the Actor may not be required to
alternate with an Understudy or successor and if replaced by either, the
Actor may not thereafter be required (unless Equity otherwise orders) to
act again in the part or to report at the theatre for that purpose. Payments,
however, shall continue to be made to the Actor according to the terms of
the Actor's contract.
(I) Inability to Perform
(1) If an Actor is late for half-hour or appears at the theatre unable to
perform due to intoxication or similar cause, the Producer may
determine that the Actor may be replaced for that performance. In
this instance, Paragraph (H) above shall not apply, and the Actor
shall be required to perform thereafter, provided the Producer
notifies Equity in writing of such action and the reasons therefor
within 24 hours. Should such temporary replacement be
determined to be without just cause by an arbitrator or by other
mutually agreeable means, the Actor shall be paid full salary for
any performance not played as a result of the Producer's action,
and shall continue to perform under the Actor's contract.
(2) Should the Producer dismiss an Actor for inability to perform due to
intoxication or similar cause and so notify the Actor in writing, and
also notify Equity of such action and the reasons therefor within 24
hours, the above provisions shall not apply. If it should be
determined by an arbitrator or by other mutually agreeable means
that the dismissal was without just cause, the Actor shall be paid
full salary for any performances not played as a result of the
Producer's action and shall be required to immediately resume
performances when notified to do so by the Producer. Payment for
the missed performances shall be paid prior to the Actor resuming
performances under the Actor's contract. Pending the
determination the Actor need not report to the theatre.
(J) Should a Producer dismiss or give an Actor notice whereby the Producer
terminates the Actor's employment, the Producer may not re-engage the
Actor for the same part or replace the Actor by another Actor at a lesser
salary without the written consent of Equity.
(K) If the part of an Actor signed to this contract is cut before the first public
performance, the Producer shall pay to the Actor a sum equal to two
weeks' contractual salary plus any rehearsal salary due.
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56. Emergency Replacements. (See Rule 70(G), UNDERSTUDIES and Rule
34, MINORS
(A) Auditions. Auditions for Minors shall begin no earlier than 3:30pm on
school days.
(B) Travel. Whenever Minors are required to travel, they shall be
accompanied by a parent or adult designated by the parent. All terms and
conditions under which the Minor’s parent or designated accompanying
adult will travel and lodge during the Minor’s term of employment shall be
described in a rider to the Minor’s contract, which rider shall be attached to
the Minor’s contract prior to signing. Producer-provided housing shall be
appropriate for two people. Should a per diem be due to the Minor, the
Producer shall pay the Minor not less than an additional one-third of the
full per diem rate.
(C) The Producer shall provide a responsible person to supervise Minors
under the age of 16 during the rehearsal period and all performances from
half-hour until a responsible parent or adult designated by the parent has
called for each Minor after curtain down. Such persons shall not perform
functions that interfere with the supervision of said Minors, and Stage
Managers in the production shall not perform such supervisory duties.
(D) Dressing Rooms. Producer will assign dressing room space for Minors in
age-appropriate combinations, which shall be separate from adult Chorus
or Principals.
(E) Tutoring. The Producer shall provide a tutor for all Minors in his employ
who are away from their place of residence during their normal school
term. Tutorial time shall be deducted from the allowed rehearsal hours.
(F) Working Papers. The Minor's working papers, where required, must be
filed with the applicable state authorities (copy to Equity) by the Minor's
first day of employment.
(G) MORE REMUNERATIVE EMPLOYMENT (MRE).)
57. REPORTS
(A) All Producers are required to submit to Equity the following reports:
(1) A weekly report form (supplied or approved by Equity) listing all
Actors and all nonprofessionals employed in rehearsal or
performance, the Equity-League Pension and Health Plan
contributions made on behalf of each Actor, and any applicable
dues deducted from each Actor's salary, along with remittance of
said contributions and dues. This report shall be submitted no later
than five business days following the end of the workweek for which
it is submitted.
(2) A Nonprofessional Registration Form (provided by Equity) for each
nonprofessional engaged, which shall be submitted within one
week of the nonprofessional joining the company.
(3) A weekly box office statement showing the actual attendance,
actual number of tickets sold and actual prices of those tickets.
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(B) For each week of failure to file the reports stated above, the Producer
shall pay to Equity a penalty sum of $25. Failure to file such 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.
(C) W-2 Forms. W-2 forms shall be furnished to the Actor not later than 30
days following the closing of the production or the end of the calendar
year, whichever is sooner. Equity may, at any time, and at its discretion,
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 covering the entire run.
52
one foot by two feet in dimension, 30 inches of dressing table
space for each Actor, shelves and wardrobe hooks for Actors'
makeup and dressing equipment, and clothing racks or their
equivalent with hangers for the Actors' personal clothes. Floors
shall be washed or vacuumed at least once each week, and
dressing rooms cleaned at least once each working day.
(4) All dressing rooms shall be maintained in a clean and sanitary
condition. Peeling paint and loose plaster shall be repaired as soon
as practical.
(5) Ventilation of dressing rooms shall meet the standards set by the
municipal health codes.
(E) Lavatory and Toilet Facilities
(1) Separate sanitary facilities shall be provided for male and female
Actors. Toilets and lavatories shall be clean and sanitary, and shall
be separate facilities from those provided for the audience.
(2) Adequate wash basins, with adequate hot and cold water, not
custodial sinks.
(3) The Producer shall provide soap, toilet tissue and paper towels.
(4) Access to a shower for each gender with adequate hot and cold
water shall be provided.
(5) Washrooms, toilets and showers must be cleaned at least once
each working day. Floors shall be washed or vacuumed at least
once each week.
(6) Washrooms shall be painted and maintained as necessary. Peeling
paint, loose plaster and faulty plumbing shall be repaired as soon
as practicable.
(7) Any walkway between the dressing rooms and toilet facilities shall
be masked from the view of the audience.
(F) Backstage and Onstage
(1) The Producer shall provide a cot backstage for any performer who
may become ill during a rehearsal or performance.
(2) First aid kits, stocked with adequate supplies, shall be available and
easily accessible at all times to dressing rooms and rehearsal
areas.
(3) The Producer shall provide cool drinking water backstage.
(4) Emergency lighting shall be installed and maintained.
(5) An adequate number of fire extinguishers shall be provided
backstage and in the dressing rooms.
(6) Fire Safety/Evacuation Procedures. The Producer must post fire
safety procedures, which shall include the location of all fire exits,
firefighting equipment and evacuation procedures. Fire exits shall
be clearly marked and illuminated and completely accessible from
the backstage and dressing room area. The theatre’s designated
Fire Guard shall give the Actors a walk-through of the building to
53
point out fire exits.
(7) The set shall contain adequate safety provisions such as glow tape,
running lights and secure guardrails on platforms, ramps and stairs.
(8) Extermination. Producer agrees to provide extermination service
as needed.
(G) Stage and/or Rehearsal Floors
(1) Actors shall not be required to rehearse, audition or perform dances
on concrete or marble floors or any other surfaces which Equity
shall reasonably deem to be injurious or unsafe, or on wood or any
other substance laid directly over such similar surfaces which does
not provide air space of at least 1 5/8th inches between the
concrete, or marble, or similar supporting surface and the resilient
dancing surface. Where a portable stage is used, platforms shall
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 shall be clearly visible or protected by securely fastened
guardrails. Pits not in use shall be covered completely by a firm
material.
(2) Inclined Playing Surfaces. No inclined playing surfaces (i.e.,
raked stages, ramps, etc.) shall be permitted.
(H) Smoking. In theatres and rehearsal areas where smoking may be
permitted, only non-common areas may be designated for smoking by the
Producer.
(I) Hazardous Materials
(1) Makeup. Whenever the Producer provides makeup, hair coloring,
wigs, or other material, they shall be free of fluorocarbons or
hazardous chemicals.
(2) Sets, Props and Costumes. Sets, props and costumes shall be
constructed in such a manner that there shall be no toxic or
hazardous residue that might be inhaled, absorbed or ingested.
(3) Use and Storage of Toxic or Hazardous Materials. Toxic or
hazardous materials, including solvents, adhesives, cleaning
agents, paints, dyes, and pyrotechnic effects, if stored in the
theatre, shall not be stored on stage or in or near dressing rooms.
If volatile materials are used in the theatre, forced air exhaust shall
be provided and such materials shall be confined to rooms not
occupied by the Actor. Smoking shall be strictly prohibited during
use of such materials.
(4) Rehearsals and/or Performance. Adequate rehearsal shall be
provided in the use and safety of all props, lighting effects,
mechanical or pyrotechnic devices, weapons and costumes for all
Actors, understudies and/or replacements before they are required
to perform in front of an audience. (See also Rule 59(K),
Extraordinary Risk.)
(5) Lasers. Laser lighting effects shall be maintained and operated in
54
such manner as to avoid injury to the Actor. Applicable federal,
state, and local laws shall govern all such use.
(6) Smoke and Haze Effects.
(a) Permitted Substances. The Producer agrees to use only
dry ice, liquid nitrogen, or substances listed in the current
THEATRICAL SMOKE, FOG AND HAZE TESTING:
CALIBRATIONS FACTORS document and in accordance
with the specified limits set forth in the EQUIPMENT BASED
GUIDELINES FOR THE USE OF THEATRICAL SMOKE
AND HAZE and AIR-SAMPLING PROTOCOL reports
provided by industrial hygienist, RAMBOLL ENVIRON.
(b) If the Producer wishes to use a smoke, haze or smoking
product that is not identified in the current THEATRICAL
SMOKE, FOG AND HAZE TESTING: CALIBRATIONS
FACTORS document, the Producer must notify the industrial
hygienist, RAMBOLL ENVIRON, and the Equity Business
Representative, in writing, no later than two weeks prior to its
first use. Equity will review the matter with the industrial
hygienist, if applicable, and promptly notify the Producer on
the proposed deviation from the Smoke and Haze Study. In
the event the parties do not agree on the proposed
deviation, the product will not be implemented.
(J) Inherently Dangerous Conditions Prohibited. No Actor shall be
required to rehearse or perform any feat or act which places the Actor in
imminent danger or is inherently dangerous, nor shall any Actor be
required to rehearse or perform in a costume or upon a set or under
conditions which are inherently dangerous or which would jeopardize the
Actor’s health. Equity shall have the right to make the final determination
as to what is inherently dangerous.
(K) Notwithstanding any other provisions of this Agreement or the individual
contract of employment, Equity in its sole discretion shall determine
whether the aforementioned Safe and Sanitary conditions are being
properly maintained.
59. SALARIES
(A) Minimum weekly salaries for a Theatre's first year of operation shall be
determined by the number of performances and maximum weekly hours
as set forth in the Minimum Compensation Tables appearing in the
Addendum to this Agreement.
(1) Consecutive Productions. An Actor or Stage Manager may be
employed for consecutive productions, by means of a rider, for no
less than the additional minimum overlap increment, as set forth in
the Minimum Compensation Table, for any week in which the Actor
or Stage Manager rehearses in one production while performing in
another. (See Rule 52(K), REHEARSALS and Rule 65(F),
55
Whenever firearms are used in a production, there shall be a safety
demonstration for the entire company conducted by a qualified
individual, 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. Any and all modifications to firearms
shall be done by a licensed gunsmith.
(2) It shall be the responsibility of the Producer to insure that any use
of firearms in the production is in compliance with all applicable
state and/or local laws regulating the use of firearms in theatrical
productions.
(3) Any costs associated with the use of firearms shall be borne by the
Producer.
(B) STAGE MANAGERS AND ASSISTANT STAGE MANAGERS.)
(C) Extended Performance Salary Adjustment. Each Actor and Stage
Manager who remains on contract for the same production for an
extended run shall receive salary increments as follows:
(1) Beginning with the 7th week of performance, contractual salary shall
be increased by not less than 10%;
(2) Beginning with the 25th week of performances, no less than an
additional $25; and
(3) Thereafter, contractual salary shall be increased by no less than
$25 for each 25 weeks of performance.
(D) Overtime. All rehearsal hours over those stated above shall be paid for at
no less than the overtime rate indicated in the Minimum Compensation
Table. Overtime shall increase each year based on the percentage
increase to the minimum salary, rounded up to the nearest $0.05.
(E) Actual Salary. The actual agreed-upon salary of the Actor shall be stated
in the contract and a lesser or fictitious salary shall not be listed.
(F) Continuous Employment. The Actor or Stage Manager shall receive
contractual salary from the first day of employment. No employment week
shall be prorated, except as specifically provided herein. When the Actor
is involved solely in rehearsal in the Actor’s first week of employment,
salary may be prorated in sixths, continuously from the first day of
rehearsal. This proration shall apply to both the number of workdays and
the number of work hours, that is, if the Producer pays 2/6 of salary, the
Actors may work no more than two days and 2/6 of the maximum weekly
hours. (See Rule 15, CONTINUOUS EMPLOYMENT.)
(G) Payment. The Producer shall pay the Actor all rehearsal and performance
salary for all work done each week no later than the evening prior to the
last banking day of the week, but in no event later than Thursday. The
Producer may pay salaries by check only if facilities are made immediately
available for cashing said checks at no cost to the Actor.
56
The Actor’s acceptance of any payment or the cashing of any check shall
not waive his claim for the full amount of compensation that the Actor or
Equity may claim is due under the terms of this Agreement or the
individual Actor’s employment contract. The amount the Actor does
receive, however, shall serve as a credit against the full amount of the
claim.
The Producer shall use best efforts to provide the Actor with the option of
direct deposit of paychecks and per diem checks to the bank of the Actor’s
choice at no cost to the Actor.
The Actor shall be issued a paycheck stub or other record indicating the
gross salary, itemized additions (including, but not limited to, overtime),
and itemized deductions (including, but not limited to, union dues
deductions, federal, state and local taxes and Social Security).
(H) Additional Duties. The Actor shall not be required to do any additional
work without mutual agreement and an additional negotiated
compensation therefor. Additional work is defined as playing additional
parts, doing additional understudying or doing additional work as a Stage
Manager not specified in the individual contract of employment at the time
of its original signing.
(I) Understudy Compensation. If any performing Actor understudies a
Principal part or a role, the Actor shall receive no less than $15 per week
for each such assignment in addition to contractual salary. (See also Rule
70, UNDERSTUDIES.) Contracted Understudies who are not performing
members of the company shall be paid no less than the applicable
minimum salary for Actors.
(J) Tech Week Compensation. For the tech week of each production, the
Stage Manager and Assistant Stage Manager shall be paid, in addition to
contractual salary, not less than 1/6 of contractual salary, with the method
of payment to be stated in a rider to the contract. This increment shall be
paid in addition to any penalty or overtime due during the tech week.
(K) Extraordinary Risk
(1) An Actor may not be called upon to perform "extraordinary risk"
unless the Actor agrees in a rider to the Actor’s contract, and is
paid not less than $10 per week in addition to his contractual
salary. Payments shall begin with the first day of rehearsal or when
the act becomes “extraordinary risk,” whichever proves to be the
initial period of risk.
(2) "Extraordinary risk" is defined as, but not limited to: stage fighting;
performing acrobatic feats; suspension from trapezes or wires or
like contrivances; the use of inclined playing surfaces (i.e. raked
stages, ramps, etc.), mobile scenery, excessive heights, unsecured
and/or unprotected heights, weapons, fire, or pyrotechnic devices;
the taking of dangerous leaps, falls, throws, catches, knee drops, or
slides; participating in choreography potentially dangerous; or
choreography requiring the dancer to execute movements which
depart from the accepted techniques of movement and support as
57
used in contemporary theatre dance, that is, classical ballet,
modern, modern jazz, ethnic, tap and soft shoe; or performing on
sets which are potentially dangerous.
(3) The Producer shall abide by Equity’s determination as to whether
this extraordinary risk provision is applicable in any situation, and
such determination shall be final. Equity's decision shall in no way
reduce the Actor's right to proper insurance coverage under the
provisions of this Rule nor to allow inherently dangerous conditions
to exist. (See Rule 58(I)(6)(a), SAFE AND SANITARY
CONDITIONS OF EMPLOYMENT.)
(L) Chorus: Additional Compensation Provisions (See Rule 12(B),
CHORUS)
(M) 401(k) Plan. Each Actor shall have the option to contribute to an Equity-
League 401(k) Plan. The Theatre agrees to deduct and remit said
contributions. No contributions shall be required of the Theatre.
58
move beginning in the week that contains the first paid public
performance. The Actor must agree to perform the set move in a
rider to the Actor’s contract, which shall include the agreed upon
compensation.
59
64. STAGE FIGHTING
(A) The following regulations shall apply whenever a production requires two
or more actors to engage in stage fighting and/or stunts.
(1) The Actor first shall agree to participate in stage fighting/stunts by
means of a rider to the Actor’s contract.
(2) A Fight Captain shall be assigned from among the company and
shall be so designated by rider to the Actor's contract. The Fight
Captain shall receive a weekly increment of not less than $10 in
addition to his contractual salary. (See Rule 59(H), SALARIES.)
(3) All Actors who participate in a fight/stunt shall run through the
routine before each performance. Any exception to this rule shall
be at the express discretion of the Fight
Director/Choreographer/Stunt Coordinator or the Fight Captain.
Such run-throughs shall not be deducted from regular rehearsal
hours.
(4) Except in an emergency, performing members of the company shall
rehearse fights/stunts with understudies during regular rehearsal
hours. However, in any event, at least once prior to the
Understudy’s performance in any fight/stunt role, the Fight Captain
and/or Stage Manager will rehearse all Actors affected by the cast
change in the fight/stunt using actual performance props and
weapons.
(5) Proper first aid information and equipment shall be made available.
(6) The Fight Director, Choreographer, Stunt Coordinator and/or Fight
Captain shall consult with artistic personnel appropriate under the
circumstances to reasonably protect the Actors from injury.
(7) Props and weapons used in stage fights/stunts shall be checked
and maintained for safety prior to every performance and rehearsal.
(8) All stage fights and/or stunts will be staged with on-site consultation
by a qualified professional (i.e. one who has, through industry-
recognized training and experience, proven ability to perform and
supervise the maintenance of safe stage fighting and/or stunts).
(9) After the first paid public performance, the Fight Captain and Stage
Manager must be consulted before any changes are made in a
fight/stunt routine.
(10) The Producer agrees to call the Fight Director/Stunt Coordinator or
his/her designee when requested to do so by the Fight Captain
and/or Stage Manager.
(11) All stage fighting/stunt rehearsals shall utilize tumbling mats. The
Producer shall provide any necessary protective clothing for
rehearsal and/or performance.
(B) The inclusion of music shall not affect the determination of what
constitutes a staged fight.
(C) Firearms
(1) Whenever firearms are used in a production, there shall be a safety
60
demonstration for the entire company conducted by a qualified
individual, 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. Any and all modifications to firearms
shall be done by a licensed gunsmith.
(2) It shall be the responsibility of the Producer to insure that any use
of firearms in the production is in compliance with all applicable
state and/or local laws regulating the use of firearms in theatrical
productions.
(3) Any costs associated with the use of firearms shall be borne by the
Producer.
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(c) When the production has a total cast of 10 or more; and/or
(d) During rehearsal for any production that meets either of the
following conditions:
(i) Concurrent rehearsals are being held. (This does not
preclude holding separate music rehearsals or
coaching, dialect coaching, or scheduling other similar
activities at which staging is not taking place) or.
(ii) The Stage Manager is under contract to rehearse
subsequent consecutive productions where individual
Stage Managers are not hired for each production.
The term of employment for such an Assistant Stage
Manager shall not be less than one week plus the
number of weeks that the rehearsals of one
production overlap with the rehearsals and/or
performances of a different production.
(2) In cases where an Assistant Stage Manager is not required by this
Agreement but one is engaged, the Assistant Stage Manager may
act or understudy up to three roles provided this is so stated in the
Assistant Stage Manager’s contract, and further provided that such
duties do not interfere with the Assistant Stage Manager duties. All
other provisions of the Rule 70, UNDERSTUDIES, shall apply. If
the Assistant Stage Manager also acts, or if an Actor is assigned
the duties of an Assistant Stage Manager, he shall be compensated
in accordance with Rule 59, SALARIES.
(3) For any production that does not require an Assistant Stage
Manager as specified above, the Producer shall provide the Stage
Manager with an assistant stage manager who need not be signed
to an Equity contract and who shall report to and assist the Stage
Manager during rehearsal and performance. The Producer shall
consult the Stage Manager in the selection of the assistant stage
manager(s). This assistant stage manager shall begin work no
later than the first day of rehearsal.
(C) Pre- and Post-Production. Should the Producer require the Stage
Manager and/or Assistant Stage Manager to perform any stage
managerial duties in a production any time prior to the required first date
of employment or after the production has closed, the Producer shall pay
the Stage Manager or Assistant Stage Manager at the rate of no less than
1/6 of contractual salary for each day or part thereof of employment.
(D) Additional Services
(1) Should a member of the Stage Management staff, while under
contract for a production, be called upon to perform additional
services for any version of that production or for any other
production in which the Producer bears a financial interest, the
Stage Manager shall receive additional compensation for such
additional services in an amount which shall not be less than 1/6 of
contractual salary for each day or part thereof for which services
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are rendered. The Producer shall require no such service nor shall
it be a condition of employment. (This provision shall not prevent a
Stage Manager signed to a Consecutive Production Rider, see
Paragraph (F) below, from fulfilling rehearsal and performance
duties permitted therein.)
(2) The Stage Manager shall assemble and maintain the production
script required for the actual technical and artistic operation of the
production that shall remain the property of the Producer.
(3) A member of the Stage Management staff shall not be required to
prepare any production script specifically for archival or publication
purposes. In the event that the Producer does request a member
of the Stage Management staff to prepare or alter a script so that it
is appropriate for publication, the member of the Stage
Management staff may agree provided that the Stage Manager is
paid no less than $500 or 1-week’s contractual salary, whichever is
greater, for such preparation.
(E) Rest Periods. The rest period between the end of work on one day and
the beginning of work on the next day shall be no less than 11 hours. Any
violation of the rest break shall be compensated at no less than double the
applicable overtime rate.
(F) Consecutive Productions. A Stage Manager may be hired for
consecutive productions (see Rule 59, SALARIES). A “Consecutive
Production” Rider allows the Stage Manager to run performances and
rehearsals concurrently as long as Paragraph (E) above is not violated
and as long as there is a 2-hour break between the end of rehearsal and
the beginning of half-hour call.
(G) Workweek. The Stage Manager's and Assistant Stage Manager's
maximum weekly hours (which include, but are not limited to, dry technical
rehearsals, scene shift sessions, light sessions, sound sessions,
production meetings, performances and/or any rehearsal with or without
Actors) shall be as follows:
Maximum Weekly Hours
Consecutive Productions
Category Single Production Overlapping Weeks
1 24 hours 32 hours
2 30 38
3 34 40
4 34 40
5 38 48
6 38 48
7 42 52
8 42 52
9 46 56
10 46 56
(1) If the Stage Manager is required to work more than the above-
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stated hours in any workweek, the Stage Manager shall be paid at
no less than the applicable overtime rate.
(2) The above notwithstanding, if any of the Stage Management staff
are in attendance at rehearsals or performances for hours which
would have given an Actor overtime had the Actor rehearsed and/or
performed those same hours, said members of the Stage
Management staff shall receive the overtime compensation that
would have been due the Actor.
(H) Stage Managers are covered by all the rules and provisions of this
Agreement, except where specifically stated otherwise, and all the rules
for Actors pertaining to rehearsals, performances, overtime, breaks, rest
periods and travel time shall also be applicable to Stage Managers and/or
Assistant Stage Managers.
(I) If the Producer terminates the Stage Manager's employment, the Stage
Manager may not be re-engaged or replaced in the same production or
season at a lesser salary.
(J) Working Conditions for Stage Managers and Assistant Stage
Managers
(1) The Stage Manager or the Assistant Stage Manager shall be
present at all rehearsals and performances and shall actively run
such rehearsals and performances.
(2) It shall be the responsibility of the Stage Manager, maintain the
prompt book and act as the executive instrument of the Director
and/or Producer whenever both are absent in maintaining the
artistic intent of the Director and/or Producer.
(3) Meal breaks shall be at the same intervals as for Actors, but not
necessarily at the same times, and, if transportation is provided for
the Actors, similar transportation shall likewise be provided for the
Stage Manager even if the breaks are not concurrent.
(4) The Stage Manager shall have a day off each week. Should the
Stage Manager agree to work on the day off, the Stage Manager
shall receive no less than an additional 2/6 of weekly contractual
salary.
(5) There shall be intercommunication equipment between the Stage
Manager, Assistant Stage Manager, and those who help run the
show.
(6) The Producer shall provide the Stage Manager with reasonable
access to its office space and business equipment, including a
working telephone and computer.
(7) It is agreed that the Stage Manager's function is a full-time one, and
the Stage Manager shall not be requested to engage in any activity
which interferes with primary function of Stage Management.
(8) 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,
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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; or
(f) Be responsible for setting up stage managerial tech tables
for technical rehearsals.
(9) Stage Managers and Assistant Stage Managers shall be prohibited
from doing or accepting responsibility for the following tasks:
(a) Having contracts or riders signed or initialed; or perform
another function which normally comes under the duties of
the General Manager or Company Manager. This shall not,
however, preclude delivery of a sealed envelope addressed
to the individual Actor/Stage Manager;
(b) Signing the closing notice of the company or 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; and/or
(e) Opening or locking up the theatre.
(10) It shall not be a condition of employment that the Stage Manager
and/or Assistant Stage Manager own or drive a motor vehicle.
(11) The Producer shall not ask nor require the Stage Manager to use
the Stage Manager’s personal cash, credit card, cell phone and/or
phone card on behalf of the production.
(K) The Stage Manager shall be engaged for all permissible televising,
recording, broadcasting and filming sessions. (See Rule 32, MEDIA:
RECORDING & BROADCAST.)
(L) A Stage Manager and/or Assistant Stage Manager is not permitted to work
without additional compensation on a concert, recital presentation, or any
show for which the Stage Manager is not contracted.
(M) Tech Week Compensation (See Rule 59(J), SALARIES.)
(N) Short-term Stage Manager. A Short-term Stage Manager may be
employed on a daily and per performance basis as indicated below.
(1) A Short-term Stage Manager must be signed to an Equity contract
for all work performed including any training.
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(2) A Short-term Stage Manager shall be compensated at no less than
the rate applicable to the Stage Manager’s category (Stage
Manager or ASM) as follows:
(a) One-sixth of minimum salary per day prior to the
production’s first paid public performance; and
(b) The pro rata performance rate per performance after the
production’s first paid public performance.
(3) After a Short-term Stage Manager has worked for four days or five
performances, whichever occurs first, a health contribution will be
made on that Stage Manager’s behalf. Thereafter, a health
contribution will be required after every six days or eight
performances worked, whichever occurs first. Said health
contributions will be due whether or not the performances or days
worked are consecutive.
(4) The Producer will contribute to the Equity-League Pension Fund
8% of all monies, exclusive of any required per diem, paid to a
Short-term Stage Manager.
(5) The employment of Short-term Stage Managers shall not replace
Assistant Stage Managers that may be required by this Agreement.
(6) If any Stage Manager is absent for one week or more, and the
Producer hires a replacement Stage Manager, a temporary
replacement contract of at least one week will be used.
(O) Equity shall have the right from time to time to define the term "Stage
Manager" and also retains the right to alter, change, or modify the
meaning of "Stage Manager," as hereinabove defined.
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Actor by certified mail, return receipt requested, with a copy to
Equity.
(5) Where more than one SPT Actor has performed the identical
function in the SPT Production, they shall share as determined by
Equity in any conversion payments due.
(6) "Subsequent Equity Contract Production" shall refer to the first
Equity contract production, including another SPT production,
occurring within three years following the close of the first SPT
Production.
(7) Producer's "proceeds from subsequent exploitations of the play"
shall include all proceeds received by Producer from or as a result
of subsequent productions or other exploitations of the play or the
rights in the Play (including but not limited to productions on the live
stage and in other media) and/or contributions to the Producer by
or on behalf of the author or subsequent producer of the Play.
(B) Subsequent Equity Contract Production
(1) Should the Producer, or any entity which the Producer controls or
directs or in which the Producer has a financial interest, participate
in the production of the play under terms of a subsequent Equity
contract, the Producer shall make a bona fide offer to any Actor
who was originally engaged hereunder and who actually performed
in the Production the opportunity to continue in the same role or
function in which the Actor appeared. Producer shall pay to any
Actor not receiving a bona fide offer an amount equal to three
weeks’ minimum salary under said subsequent Equity contract.
(2) The foregoing notwithstanding, the Producer's obligations
hereunder shall not exceed 50% of the proceeds received by the
Producer from subsequent exploitations of the play. The Producer
acknowledges his obligations to be continuing, and to the extent the
Producer's obligations to SPT Actors remain unsatisfied because of
insufficient proceeds from the play, the Producer shall provide to
Equity continuing reports concerning receipts of proceeds from
subsequent exploitations of the play, up until such time as
Producer's obligations to the SPT participants have been satisfied.
The Producer shall furnish to Equity copies of statements
requested by Equity, and Equity shall have the right, upon
reasonable notice, to examine Producer's records.
(3) If the Producer of said subsequent Equity contract production
compensates the SPT Actors who fail to receive bona fide offers in
accordance with a conversion clause in the applicable Equity
contract, the SPT Producer shall have no obligation to compensate
said SPT Actors under this provision. Nothing in this Agreement
shall be construed to relieve any Producer of a subsequent Equity
contract production of any obligation such subsequent Producer
may have for any conversion and/or contingent rights payments to
Actors.
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(C) Other Media
(1) In the event the Motion Picture or other Mechanical or Electrical
Reproduction Rights are subsequently sold, leased, licensed, or
otherwise disposed of, the Producer or other signatory to the
Motion Picture Rights Agreement agrees that up to a maximum of
50% of the monies received from said sale shall be used
exclusively to reimburse all Actors engaged on the contract who
originally appeared, stage managed, or understudied at the
opening performance in an amount equal to three weeks of
performance salary or an amount equal to two weeks’ salary at the
Standard Production minimum salary then in effect, whichever is
greater.
(2) The foregoing notwithstanding, the Producer's obligation hereunder
shall not exceed 50% of the proceeds received by the Producer
from subsequent exploitations of the play. The Producer
acknowledges his obligation to be a continuing one, and to the
extent the Producer's obligation to SPT participants remains
unsatisfied because 50% of the Producer's proceeds from the play
do not equal the Producer's obligations, the Producer shall provide
to Equity continuing reports concerning receipts of proceeds from
subsequent exploitations of the play, up until such time as the
Producer's obligations to the SPT participants have been satisfied.
The Producer shall furnish to Equity copies of statements
requested by Equity, and Equity shall have the right, upon
reasonable notice, to examine the Producer's records.
(D) Prior Code or Los Angeles 99-Seat Theatre Productions
(1) In the event the play has been produced under a Showcase Code,
a Funded Non-Profit Theatre Code, the Los Angeles 99-Seat
Theatre Plan, the Transitional Los Angeles 99-Seat Theatre Code,
and/or the Los Angeles 99-Seat Theatre Agreement within three
years prior to the production under this Agreement, the Producer
shall make a bona fide offer to perform the identical role or function
to each Actor who rehearsed and/or performed in said prior
production, or shall pay three weeks’ salary hereunder in lieu of
such an offer.
(2) When more than one Actor has performed the identical role or
function in the Code, Plan, and/or Agreement production and
neither/no such Actor receives a bona fide offer to perform such
function in this SPT Production, all Actors who performed said role
or function shall share in such monies. All payments due hereunder
shall be made to Equity for distribution among the Code, Plan
and/or Agreement Actors in such proportion as AEA shall
determine.
(E) Motion Picture and/or Television Sale
If the Producer owns or participates in the Motion Picture and/or
Television Rights of a Play or Production, either directly or indirectly, the
Producer agrees to sign the Equity “Motion Picture and/or Television
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Rights” Agreement prior to the signing of any individual employment
contracts. The following clause shall appear in all contracts of
employment as a recognition and agreement by the Producer and Actor
that the inclusion of this language is offered as a material inducement to
the Actor to enter into the contract:
“The Producer warrants and represents that:
(a) The Producer (has/has not) an interest and/or right in the
play presently entitled " ";
(b) The play named above is an original play and the production
herein is the first commercial production in the United States
in which Actors are employed; and
(c) The Producer, or person or persons holding or participating
in the Motion Picture and/or Television Rights, has signed
the Equity Motion Picture and/or Television Rights
Agreement agreeing to its terms.”
67. TERMINATION (See also Rule 28, ILLNESS AND SICK LEAVE)
(A) Just Cause. Except as provided below, no Actor may be terminated
except for "just cause." This provision shall not apply until 10 days after
the first public performance of each production.
(1) If Equity requests, the Producer shall 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
dismissal. If Equity elects to challenge any dismissal, the matter
shall be submitted to arbitration in the manner provided in Rule 5,
ARBITRATION (See also Rule 13, CLAIMS).
(2) In the event that just cause is not found, the arbitrator's award shall
be limited to monetary damages, which shall not exceed 10 weeks’
contractual salary.
(3) When it is alleged by the Producer that the Actor is not performing
as required, notice of termination may be served only if the
following procedures have been observed:
(a) The Producer or director shall give the Actor written notes
detailing how the Actor is failing to perform as directed.
(b) If the Actor's performance does not improve and the
Producer intends to give notice that the Producer shall
terminate the Actor's contract, the Producer shall first
provide the Actor with a written warning (with a copy sent to
Equity) requiring the Actor to improve in accordance with
Paragraph (a) above. This written warning shall provide a
deadline by which the improvements must be demonstrated.
This deadline shall not be earlier than the conclusion of the
next scheduled performance following the serving of the
written warning to the Actor.
(c) Should the Actor challenge the reasons for dismissal, the
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procedures outlined in Paragraphs (1) and (2) above shall be
followed.
(B) All notices hereunder, company and individual, shall be made in writing.
Copies of all notices shall be filed with or mailed to Equity immediately by
the party (Actor or Producer) giving notice.
(C) All notices to the Producer shall be given in writing to the Producer
personally, or through the Company Manager or Stage Manager. Notice
to the Actor shall be given to the Actor personally in writing, unless the
Producer has procured the current address of the Actor, in which case it
may be given by certified mail, return receipt requested. All
communications that refer to the company in general shall be posted
upon the callboard.
(D) Before or During Rehearsal
(1) The Actor may terminate the contract, without any penalty, at any
time prior to two weeks before the designated date of rehearsal set
forth on the Actor's contract.
(2) If the Actor gives notice of termination within two weeks prior to the
designated rehearsal date, the Actor shall pay the Producer a sum
equal to one week's contractual salary (unless the Actor has
secured more remunerative employment pursuant to Rule 34).
(3) The contract may be terminated by the Producer before the first
public performance by giving written notice to the Actor and paying
the Actor forthwith a sum not less than two weeks' contractual
salary plus any amounts due for services rendered to date.
(4) During rehearsal the Actor may terminate the Actor’s contract by
giving the Producer 14 days’ notice (except for more remunerative
employment).
(5) No Actor shall give notice to be effective during the final seven days
of the rehearsal period including the first public performance.
(E) Individual Termination After Opening. Either party may terminate the
contract at any time on or after the date of the first public performance of
the play by giving the other party 14 days’ written notice and subject to the
provisions of Paragraph (A) above.
(F) Company Closing Notice. The Producer may close the company upon
one week's written notice, or upon payment of one week's contractual
salary in lieu thereof, provided the Producer has paid the Actor for all
services rendered to date and in no event less than two weeks' salary.
(G) Effect of Company Notice. Where a company is closed in accordance
with notices of closing to the entire company, such notices of closing shall
supersede any individual notice then outstanding. Should the Producer
wish to continue the production rather than close on the date specified in
the notice, prior to that date the Producer shall submit a statement to the
effect that the notice is rescinded and that the Actors' contracts continue to
remain in effect. This statement shall be signed by the Producer and by
each of the Actors who wish to continue in the production.
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(H) 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 the Actor may forthwith accept other employment.
(I) Rights After Giving Notice When Actor Secures New Engagement.
Should either party give the other any notice permitted under the contract,
which notice terminates the same at any future date, 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 responsibilities under the Actor's then existing
contract.
(J) If the Producer terminates an Actor's contract for any reason, the
replacement Actor’s salary cannot be less than the contractual salary of
the Actor being replaced. (See Rule 50(A), REPLACEMENT OF ACTOR.)
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shall be on a first-class, FAA-certified, scheduled airline and not on a non-
scheduled or private airline. The Producer shall provide or reimburse the
Actor for the premium cost of air travel insurance up to the amount of
$125,000 for each flight.
(1) Air excursion or group travel tickets may be substituted for full fare
coach provided such flights take place during the hours between
8:00 AM and 8:00 PM and are less than six hours’ duration and
meals are provided on the plane at no expense to the Actor. Once
an Actor has accepted an excursion or group air ticket, the Actor
shall be responsible for any additional expense which may result
from the Actor’s changing his travel schedule and not using the
flights that the Producer has arranged.
(2) If delay en route in air travel occurs, the Producer shall reimburse
the Actor for all expenses incurred.
(C) Automobile, Train, and Bus Transportation
(1) If the Producer requires train or bus transportation because a flight
is not available, the Producer shall notify Equity of the proposed
method of travel and shall abide by the Equity rules governing such
transportation.
(2) Actors choosing to travel by automobile, train, or bus shall make
their own travel arrangements and shall receive a sum equivalent to
the cost of the applicable public transportation utilized to transport
the rest of the Company, and normal baggage transportation
expenses.
(D) Rest Period After Arrival. The Actor shall not be called to travel,
rehearse or perform until two hours after the Actor’s arrival at his lodgings.
(E) Baggage. The Producer shall pay for the entire cost of and reimburse the
Actor for transportation of baggage, up to 300 pounds, from place of
residence to the theatre and/or lodgings and return to place of residence,
door-to-door. The method of prompt door-to-door shipping shall be at the
Producer's discretion. The Producer shall reimburse the Actor in full for all
reasonable expenses incurred as set forth by the Actor on a form that
shall be provided by Equity for this purpose. Actor shall show proof of all
such expenses by providing Producer with appropriate receipts.
(F) Payment of Expenses
(1) All arrival expenses are due and payable with (but separate from)
the first salary payment check.
(2) All departure expenses due shall be paid with (but separate from)
the final week's salary check.
70. UNDERSTUDIES
(A) All roles except “bit parts” shall be covered by understudies. Understudies
shall be engaged no later than one week prior to the first public
performance. Such understudies may be nonprofessionals. Each such
nonprofessional understudy shall file with Equity a Nonprofessional
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Registration Form (provided by Equity) upon joining the production. No
Actor may be assigned more than four understudy assignments in one
production. The Producer shall submit a list of all understudy assignments
prior to the first paid public performance.
(B) An understudy assignment made to a contracted Actor who is performing
in the production shall be listed on the original contract, or in a rider added
to the contract stating the appropriate salary adjustments. (See Rule 59(I),
SALARIES.)
(C) Understudies who are not performing members of the company shall be
paid no less than the applicable minimum salary for Actors. (See Rule
59(I), SALARIES.)
(D) No Understudy shall be required to perform until one week after the Actor
is engaged or assigned as Understudy, has had the script and/or music for
one week and has had at least one rehearsal of all relevant scenes,
blocking and costume changes in actual time. If the above conditions
have not been met, the Understudy shall read the part or may perform if
able and willing.
(E) All Understudies to Principal Actors shall be listed in the program by name
and role understudied. The listing shall be automatic unless an
Understudy requests in writing that it be omitted. Copies of such requests
shall be sent to the Producer and Equity.
(F) See Rule 49(C), PROGRAMS, HOUSE BOARDS, CHANGES IN CAST,
AND BILLING for the announcement of an Understudy performance.
(G) If in an emergency an Actor performs a part not specified in said Actor's
contract, the Actor shall be compensated for such performance at not less
than double the pro rata rate of the Actor's contractual salary, and shall
thereafter be contracted and compensated for such understudy duty at no
less than the applicable prevailing minimum rate, subject to two week
termination of the understudy assignment only.
(H) If a nonprofessional is understudying an Actor, the nonprofessional may
actually perform the role for a period of not more than two consecutive
weeks. Thereafter, a contracted Actor shall fill the role. However, this
replacement shall not diminish the original Actor's right to return to the role
under his original contract, provided such contract has not been
terminated
(I) Any loss of performance due to the failure of the Producer to engage,
employ or prepare an understudy shall be the sole liability of the Producer
regardless of the reason that causes any Actor's absence.
(J) On-Call Understudy. The Producer may engage an Actor an On-Call
Understudy in either of the following ways:
(1) Understudies may be hired on a standard Equity contract utilizing
the minimum salary three categories below the Theatre’s actual
category. For the first two weeks the Understudy may rehearse no
more than the maximum weekly hours for the lower category. After
that, rehearsal hours are limited to the number of hours permitted
after opening in the lower category and the Actor may also be
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required to watch one performance per week. Salary and full fringe
benefits shall be paid for each week. Understudies hired under this
provision shall be “on call’ by telephone 45 minutes prior to the
performance. If the Understudy is required to perform, the
Understudy shall be paid at the pro rata performance rate based
upon the category applicable minimum salary for that Theatre, with
a cap on the Understudy’s total weekly salary equal to the category
applicable minimum salary.
(2) Emergency On-Call Understudies may be hired on a standard
Equity contract, with all applicable fringe benefits, for one week to
learn the role. The contract shall include a rider specifying the
understudy obligations (including the method of checking in or
leaving a default phone number) and noting that the Understudy
may give notice for more remunerative employment or illness. The
increment for additional roles shall be no less than $35 per role, if
the minimum salary is under $250, and no less than $50 per role if
the minimum is $250 or more. There shall be a limit of no more
than three roles for any one Understudy hired under the terms of
this Paragraph (J). The Understudy shall receive no less than 1½
times his pro rata salary each time he performs in the production.
The Producer shall make a pension contribution on the
Understudy’s performance salary and health contributions shall be
required for each such week of employment.
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receives timely notice from Equity, with proper authorization, agreed to
and signed by the Actor.
(C) Should there be an early termination of the Actor’s contract, the Producer
also agrees that the full amount owed to Equity at the time of such
termination shall be deducted before the Actor's final paycheck, to the
extent possible. In the event such monies are not so deducted, the
Producer assumes responsibility for this obligation.
73. VACATIONS
(A) The Actor shall accrue vacation pay at the rate of 4% of contractual salary
beginning with the first day of employment. However, the Actor shall not
be entitled to receive vacation pay until the Actor has completed no less
than 12 weeks of employment within a season. At the end of 50 weeks
from the start of employment, the Actor shall be entitled to two weeks’ paid
vacation, at the Actor’s option. If the Actor chooses to take the vacation,
the Actor shall be paid as vacation pay the accrued contractual salary. If
the Actor chooses not to take the vacation, the Actor shall be paid the
accrued salary as vacation pay at this time, in addition to regular
contractual salary. Thereafter, the Actor shall be entitled to one week’s
vacation or vacation pay for each 25 weeks of employment.
(B) At Termination. When the Actor's contract terminates, the final salary
payment shall include all vacation pay that has accrued, and to which the
Actor is entitled, which has not previously been paid.
(C) Replacement
(1) A nonprofessional understudy may replace a vacationing Actor for
not more than two weeks.
(2) An Actor who is engaged under contract to replace the vacationing
Actor shall be guaranteed two weeks’ contractual salary. If the
replacement is for a full two weeks of performances, rehearsals
may be pro rated at the rate of 1/6 of contractual salary per day for
rehearsals or for watching performances. In any event, the
replacement shall be guaranteed a minimum of five hours of
rehearsal before performing in the role.
75. VOTING
(A) There shall be no cast meetings held to vote on working conditions,
concessions or waivers without the consent of Equity, except as provided
in Rule 10, BREAKS AND REST PERIODS.
(B) At such meeting or meetings, neither the Producer nor the Producer's
representative (whether under an Equity contract or not) shall be present
other than to explain the Producer's position. Any proposed action by the
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cast shall not be binding, however, without the written approval of Equity.
(C) All meetings of the Company called by the Deputy or Stage Manager shall
include only the Actors, and any vote taken shall be conducted by secret
ballot.
(D) Equity’s determination as to any issue under this Rule shall be final and
binding upon the Producer and the Actor.
Duration
This Agreement shall commence on August 7, 2017, and expire on June 2, 2019.
The SPT Agreement may be modified before the above-noted expiration date
upon 120 days' notice to the Producer.
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AGREEMENT AND RULES GOVERNING EMPLOYMENT
IN SMALL PROFESSIONAL THEATRES
PRODUCER DATE
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Addendum
Note: Minimum salaries, divided by total weekly hours, must meet or exceed all applicable
minimum wage laws.
Pension: 8%
Health (including Supplemental Workers Comp):
Categories 1 - 5 : $162.00 per contract per week
Categories 6 - 10: $177.00 per contract per week
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MINIMUM COMPENSATION TABLES
(Referenced to Rule 59, SALARIES.)
Note: Minimum salaries, divided by total weekly hours, must meet or exceed all applicable
minimum wage laws.
Pension: 8%
Health (including Supplemental Workers Comp):
Categories 1 - 5 : $162.00 per contract per week
Categories 6 - 10: $177.00 per contract per week
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