Download Guest Artist Rulebook 2015-2020

Actors’ Equity Association
AGREEMENT AND RULES
GOVERNING EMPLOYMENT
AS A
GUEST ARTIST
Effective Date: September 28, 2015
Expiration Date: September 27, 2020
NATIONAL OFFICE
165 West 46th Street
New York, NY 10036
(212) 869-8530 phone
(212) 719-9815 fax
HOLLYWOOD OFFICE
5636 Tujunga Ave
North Hollywood, CA 91601
(323) 978-8080 phone
(323) 978-8081 fax
CHICAGO OFFICE
557 West Randolph Street
Chicago, IL 60661
(312) 641-0393 phone
(312) 641-6365 fax
ORLANDO OFFICE
10319 Orangewood Boulevard
Orlando, FL 32821
(407) 345-8600 phone
(407) 345-1522 fax
www.actorsequity.org
TABLE OF CONTENTS
1. CONTRACTS ............................................................................................................1 2. SALARY REQUIREMENTS ......................................................................................1 3. DUES AUTHORIZATION ..........................................................................................2 4. PENSION AND HEALTH ..........................................................................................3 5. UNEMPLOYMENT INSURANCE AND WORKERS' COMPENSATION..................3 6. REHEARSAL AND PERFORMANCE RULES .........................................................3 7. BREAKS, REST PERIODS, AND DAYS OFF ..........................................................4 8. OVERTIME ................................................................................................................5 9. MEDIA: RECORDING & BROADCAST - LIMITED ..................................................5 10. MEDIA: RECORDING & BROADCAST - EXPANDED ............................................6 11. CAST LIST ................................................................................................................8 12. COSTUMES AND DRESSING ROOMS ...................................................................8 13. HOUSING ..................................................................................................................9 14. TRANSPORTATION .................................................................................................9 15. PUBLICITY ..............................................................................................................10 16. SAFE AND SANITARY ...........................................................................................10 17. ACTOR'S PERSONAL BELONGINGS ..................................................................10 18. DUTIES OF THE ACTOR ........................................................................................11 19. TERMINATION ........................................................................................................11 20. GENERAL PROVISIONS ........................................................................................11 21. DISPUTES ...............................................................................................................12
PRODUCER’S SIGNATURE...................................................................................13
Agreement and Rules Governing Employment under the Guest Artist Agreement, 2015-2020
AGREEMENT AND RULES GOVERNING EMPLOYMENT
UNDER THE GUEST ARTIST AGREEMENT
Please sign and return this document to Actors’ Equity Association. Contracts will not be
issued until a signed copy of this document is on file with the appropriate Regional Office.
1. CONTRACTS
All contracts with Actors shall be valid and binding only when printed on the official Equity
contract form. The Producer shall file with Equity each signed employment contract within one
week after entering into such contract.
2.
SALARY REQUIREMENTS
(A) Salary Minimums. Minimum weekly salaries for Guest Artists are based on the maximum number of performances in any one week as per Rule 6(A). Minimum weekly
salaries are as follows:
Minimum Weekly
Salaries*
Effective
Dates
Tier
9/28/2015
Tier I
$315
$378
through
Tier II
$420
$504
9/25/2016
Tier III
$536
$643
9/26/2016
Tier I
$324
$389
through
Tier II
$433
$519
9/24/2017
Tier III
$552
$662
9/25/2017
Tier I
$334
$401
through
Tier II
$446
$535
9/30/2018
Tier III
$568
$682
10/1/2018
Tier I
$344
$413
through
Tier II
$459
$551
9/29/2019
Tier III
$585
$702
9/30/2019
Tier I
$354
$425
through
Tier II
$473
$568
9/27/2020
Tier III
$603
$723
Actor
Stage
Manager
*In cases where the engagement is one week or less, the applicable minimum is $50 more.
(B) The Actors' Equity Association (hereinafter 'Equity') work week runs from Monday
through Sunday. The Producer may engage an Actor for less than a full week at the
beginning of the engagement period under the following terms:
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Agreement and Rules Governing Employment under the Guest Artist Agreement, 2015-2020
(1) Such period must be consecutive and may not exceed four days.
(2) Such period must immediately precede a full work week with no hiatus in between.
(3) Payment for each such pro-rata day must be not less than one-sixth of the Actor's
weekly contractual salary.
(4) For each day of pro-ration, the maximum allotted weekly rehearsal hours must also
be pro-rated by not less than one-sixth.
(5) All pro-rata days must be specified in a rider to the Actor's employment contract.
(6) If the Actor is engaged for more than four days, the Actor must be paid the full
weekly contractual salary.
(C) Per Diem. Minimum per diem is $25/day through September 30, 2018, and $28/day
thereafter for all out-of-town Actors. When per diem is paid, it is paid weekly. The term "outof-town Actor" shall be defined as an Actor residing 50 miles or greater in 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. For additional out-of-town
Actor requirements, see Rules 13, HOUSING and 14, TRANSPORTATION.
(D) Payday. Salary and per diem will be paid weekly, no later than the evening of the
Thursday of the week of that week's work.
(E) Record of Salary Deductions. Whether paid by check or by cash, the Actor must be
issued a stub or other record of gross salary, an itemization of extraordinary payments,
(e.g. overtime, clothing rental, etc.), itemized deductions, and net salary for his records.
(F) Additional Duties. An Actor shall not do any additional work without mutual agreement
between the Actor and the Producer and an additional negotiated compensation therefor.
Additional duties not specified in the Actor's contract at the time of its original signing shall
be contracted by rider with copies to the Actor and Equity.
(G) Actor/Teacher. If the Actor is hired as an Actor/Teacher, the teaching responsibilities
must be clearly defined by means of a rider. Additionally, the work week must be in
compliance with the Equity work week. Teaching, exclusive of question and answer
sessions, and for which no preparation is expected or required, is counted as 2 hours for
each hour worked.
(H) Additional Performances. In no event may there be more than one additional
performance per week. Each additional performance shall be paid for at no less than the
contractual pro rata performance rate. The Actor and Equity shall be given at least 48
hours written notice of intention to give an extra performance.
3. DUES AUTHORIZATION
The Actor hereby assigns to Equity from any compensation earned in connection with this
contract such amounts for dues, initiation fees and assessments certified by Equity as due and
authorizes and directs the deduction of such amounts from the Actor's weekly compensation
and the remission of same to Equity. This clause shall be operative unless stricken by the Actor
in which case the Actor is liable for direct payment of dues to Equity to the extent permitted by
law. If the Actor strikes this clause and elects to pay dues directly to Equity and is in default of
payment of any legally required dues, the Actor may be subject to discharge from employment
for dues delinquency.
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Agreement and Rules Governing Employment under the Guest Artist Agreement, 2015-2020
4. PENSION AND HEALTH
The Producer agrees to be bound by the Agreement and Declaration of Trust establishing the
Pension and Health Trust Funds mentioned in a) and b) below, including its regulations and
any modifications thereto which may be adopted by its Trustees during the term of this
agreement. (Pension and Health contributions are costs borne by the Producer.)
(A) Pension. The Producer agrees to participate in the Equity-League Pension Trust Fund
by making weekly contributions of 8% thereto on all gross payments made to the Actor in
each week of employment.
(B) Health. The Producer agrees to contribute to the Equity-League Health Trust Fund for
each week of employment. This fund provides health insurance benefits for the Actor. The
weekly health contribution is as follows:
Effective
Dates
Tier
Weekly
Health*
9/28/2015
Tier I
$150
through
Tier II
$165
9/24/2017
Tier III
$167
9/25/2017
Tier I
$150
through
Tier II
$167
9/29/2019
Tier III
$170
9/30/2019
Tier I
$155
through
Tier II
$170
9/27/2020
Tier III
$173
*All rates inclusive of Supplemental Workers’ Compensation.
5. UNEMPLOYMENT INSURANCE AND WORKERS' COMPENSATION
The Producer must obtain Unemployment Insurance and Workers' Compensation coverage for
the Actor under this contract.
6.
REHEARSAL AND PERFORMANCE RULES
(A) Except as provided for under Rule 2(H), in each week there will be no more than 3
performances in Tier I, no more than 5 performances in Tier II, no more than 8
performances in Tier III. There will be no more than 5 performances in any 3 consecutive
days.
(B) On a non-performance day, rehearsal will not exceed 7 out of 8 ½ hours in Tier I, 7 out
of 10 hours in Tier II, and 7 out of 12 hours in Tier III. After 5 hours of rehearsal there shall
be a break of at least 1 hour.
(C) On a one-performance day, rehearsal shall not exceed 5 hours. Any time beyond that
shall be paid for at the overtime rate of $12 per ½ hour. There shall be no rehearsal on a
two-performance day.
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Agreement and Rules Governing Employment under the Guest Artist Agreement, 2015-2020
7.
(D) There may be one day of 10 out of 12 consecutive hours of rehearsal for each
production in the 7-day period prior to the first public performance of a production. This
does not add extra work hours to the total allowed for the work week.
(E) Costume and photo calls shall be included in rehearsal hours.
(F) Prior to the first paid public performance, the total work week including performances,
rehearsals, costume calls, photos and classes will not exceed 25 hours in Tier I, 32 hours
in Tier II, or 42 hours in Tier III.
(G) After the first paid public performance week, the total work week including
performances, rehearsals, costume calls, photos, and classes will not exceed 15 hours in
Tier I, 22 hours in Tier II, or 32 hours in Tier III.
(H) 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.
(I) Scheduling
(1) The span of time between the end of rehearsal and the beginning of performance
(curtain up) shall be two hours.
(2) 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:
(a) This rehearsal shall be the only rehearsal call of the day, and may not be
held on a two-performance day;
(b) Notice shall be given per the Rehearsal Notice below;
(c) A fight rehearsal shall take precedence for the individuals involved;
(d) No new materials may be rehearsed; and,
(e) No more than five hours may elapse between this rehearsal call and curtain
down.
(3) Transportation for Actors involved in such rehearsal shall be provided in addition to
the regularly scheduled pickups of Actors for the performance.
(4) No rehearsal may be called on the Designated Day Off.
(5) 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
work week.
BREAKS, REST PERIODS, AND DAYS OFF
(A) There will be a break of 1½ hours from the end of one performance to the half hour call
of the second performance. If there are less than 1½ hours, the Producer will provide the
Actor with a choice of a hot or cold meal, at the Producer’s expense. In no event will there
be a rest period of less than 1 hour, exclusive of the half-hour call.
(B) There must be a 5 minute break after 55 minutes; or a 10 minute break after 80 minutes
of rehearsal time.
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Agreement and Rules Governing Employment under the Guest Artist Agreement, 2015-2020
(C) For a performance running less then 90 minutes, there shall be a break of ½ hour from
the end of one performance to the half-hour call of the second performance.
(D) There shall be no less than a 12-hour rest period between the end of employment on
one day and the beginning of employment on the next day.
(E) Two scheduled full days off in each week, which need not be consecutive, are required
under Tier I, one scheduled full day off each week is required under Tiers II and III. (A full
day off is one that is free of rehearsals, performances and/or teaching responsibilities and
is 24 hours in addition to the 12 hours required at the end of each work day.)
8. OVERTIME
Overtime is $13 per ½ hour or part thereof. If the 12-hour rest period is invaded, overtime is
$22 per ½ hour or part thereof.
9. MEDIA: RECORDING & BROADCAST - LIMITED
All Producers shall be bound to the media terms as set forth below. Producers may elect to optin to Rule 10 MEDIA: RECORDING & BROADCAST - EXPANDED for additional provisions.
(A) Except as provided below, there shall be no televising, broadcasting, visual and/or
sound recording, cast album recording, motion picture filming, videotaping, other
mechanical, electronic, or evolving digital means or other substantially similar current and
evolving methods of recording (hereinafter "Recording") in whole or in part, of any
production, including rehearsals, in which Actors are employed under the terms of this
Agreement without the express permission of Equity and under terms and conditions
established by it. This prohibition shall be in effect from the beginning of employment until
19 weeks after the production has closed.
Recordings may not be used for note sessions with Actors, as a replacement for
rehearsals, or to discipline Actors.
(B) News & Community Affairs Programs. Subject to the conditions listed herein, a
Recording may be made of the production for use on a newscast review or a feature story
on the production contained within a news program, local public affairs program or
magazine format programs:
(1) During Rehearsal
(a) Recording sessions shall not exceed 30 minutes of the regularly scheduled
rehearsal.
(b) The Producer shall file a report with Equity giving the time utilized for the
Recording sessions.
(c) The Producer may schedule up to three Recording sessions, and must have
all programs do their Recording within those three sessions.
(d) Upon contemplation of Recording during rehearsal, the Producer shall give
the cast a 24-hour notice.
(e) If the time of the Recording is changed, the Producer shall notify the cast of
such change.
(2) At a Performance
(a) Recording may be for only 30 minutes of footage.
(b) The cast shall be given 24 hours’ notice.
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Agreement and Rules Governing Employment under the Guest Artist Agreement, 2015-2020
(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 nonrehearsal/non-performance footage (together, “Additional Footage”), which must
be voluntary.
(b) The Producer’s intent is to show the Actor 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 Recording of nudity.
(d) There is no time limit on the amount of Additional Footage.
(4) Provisions Applicable to both Performance and Rehearsal
(a) No more than three minutes of combined rehearsal/performance footage
may be used in the news or community affairs program, within which, an entire
scene or musical number may be shown.
(b) No payment shall be required provided no payments are made to any other
personnel employed in the production.
(c) Should an Equity Stage Manager be on Contract, said Stage Manager is
required at all Recording sessions.
(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.
(C) Advance News Recording. The Producer may Record Advance News footage,
provided that Producer adheres strictly to all the terms and conditions of Rule 9 b) above,
in order to be able to supply footage to news and current affairs programs 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) Unless otherwise stated, for any unauthorized use of any Recorded material, the
Producer shall pay no less than the applicable SAG or 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.
(E) Use of Footage After Expiration Date of Contract. Any footage produced under Rule
9 or 10 of this Agreement shall continue to be governed by the terms of this Agreement
without regard to the expiration of this Agreement and without regard to the amendment of
this Agreement except to the extent that such amendment shall so provide.
10. MEDIA: RECORDING & BROADCAST - EXPANDED
All Producers shall be bound to the media terms as set forth in Rule 9, MEDIA: RECORDING &
BROADCAST - LIMITED, but may choose to opt-in to this Rule 10, MEDIA: RECORDING &
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Agreement and Rules Governing Employment under the Guest Artist Agreement, 2015-2020
BROADCAST - EXPANDED, for additional provisions. If a Producer opts-in to use the terms of
this Rule, all Equity members in the production shall be paid a weekly salary increase of $25 for
the length of the contract beginning from the first day of rehearsal.
(A) 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 third-party hosting sites, e.g., Facebook and
YouTube. 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.
(B) Recording for Fundraising, Grant, Award, or Prize Applications. In a not-for-profit
theatre only, a Recording may be made for use by the Producer in fundraising, grant,
award, or prize applications under the following terms and conditions:
(1) All Recording must occur in accordance with Rule 9(B).
(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 edited recording produced under the terms of this provision may include up to
25% of the production, but in no case more than 15 minutes total. Such edited footage
may depict an entire scene or musical number.
(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) If, at any time, the Producing Organization no longer operates as a Theatre, the
recordings shall be turned over to Equity or a mutually acceptable archive within 30
days.
(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.
(C) Archive Recording. A Recording (hereafter “Archival Recording”), in whole or in part,
of a production in which Equity members are employed under the terms of the Guest Artist
Agreement, may be made for an archive maintained by the Theatre under the following
terms and conditions:
(1) A single Recording may be made for the purposes of the Archive, and shall not be
loaned out or removed from the Theatre's premises without the written consent of
Equity. The Archive Recording will not be considered for any purpose except as
identified herein.
(2) Recording shall take place during a regularly scheduled performance.
(3) The Actor shall be advised as to the nature and purpose of such Recording. If there
is nudity involved in the production, no Archival Recording can be made. The Theatre
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Agreement and Rules Governing Employment under the Guest Artist Agreement, 2015-2020
shall submit notice to Equity, in writing, that the Recording for an Archive will be made
as soon as the date of the Recording is known, but in no event shall there be less than
48-hours’ notice to the Actors.
(4) Any rehearsal called to prepare for the Recording shall require overtime payment to
the Actors called.
(5) No person connected with the production shall receive special compensation for
this Recording. Should any other participating union, such as the Musicians Union or
the Stage Hands Union, receive compensation for its participation, then these
conditions shall no longer apply and each Actor participating in this Archive Recording
shall be paid no less than the applicable SAG/AFTRA rate.
(6) The Theatre shall provide Equity with the opportunity to view the completed
Recording upon request.
(7) The Recording may be viewed by anyone employed by or connected artistically
with the Theatre and by scholars, teachers, and students in and of the visual and
performing arts and by Equity members.
(8) If, at any time, the Producing Organization no longer operates as a Theatre, the
recordings shall be turned over to Equity or a mutually acceptable archive within 30
days.
(9) A Theatre wishing to house its archives in a facility not under direct control of the
Theatre must petition Equity for consent.
(10) The Theatre shall maintain control and ownership of the recording and will ensure
that they are not used for any commercial purpose whatsoever. The Theatre shall also
ensure that no copies of the recordings are made for any purpose whatsoever without
the express written approval by Actors Equity and under the terms and conditions set
by Equity.
(11) Any violation of any part of Rule 10(C)shall result in a payment of either two
weeks' contractual salary or Two Thousand Dollars ($2,000), whichever is greater, for
each breach, to each Actor whose rights have been breached hereunder, plus
whatever SAG or AFTRA rate may be due.
(D) For any unauthorized use of any Recorded material, the Producer shall pay no less
than the applicable SAG or 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.
11. CAST LIST
If a cast list is provided, an asterisk (*) must appear beside the Actors name with a program
note which states: "The Actor appears through the courtesy of Actors' Equity Association, the
Union of Professional Actors and Stage Managers in the United States."
12. COSTUMES AND DRESSING ROOMS
(A) Costumes. The Producer shall furnish Actors with all costumes, including wigs, hats,
beards, hairpieces, tights and hose, and properly fitted footwear. Producer shall maintain
said items at his expense, in a clean and sanitary condition.
(B) Costume Rental. The Actor may not be required to use any personal wardrobe in the
production. If requested by the producer, the Actor may, at his option, agree to use
specified items from his personal wardrobe, with a rental agreement set forth on a rider to
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Agreement and Rules Governing Employment under the Guest Artist Agreement, 2015-2020
his contract. Equity shall be contacted for the appropriate terms, conditions and rider. The
rental fee shall be negotiated to the mutual agreement of the Actor and the Producer but no
less than the following:
Rate paid each
Rate paid each
week of
week of
ITEM
performance
ITEM
performance
Suit Jacket
$7.00
Suit
Blouse
$2.00
Sweater
$3.00
Dress
$5.00
Tie
$0.50
$30.00
Hat
$2.00
Ensemble
(complete outfit)
$20.00
Jeans
$2.00
Evening Gown
$15.00
Shirt
$2.50
Slip/Bra
$2.00
Skirt
$5.00
Nightgown
$2.00
Shoes/Sneakers
$4.00
Bathing Suit
$2.00
Shorts
$2.00
Misc.
(purse, jewelry, etc.)
$0.50
Slacks
$5.00
(C) Dressing Room. The Actor shall be provided with a private dressing room if possible.
The Actors dressing room must have toilet facilities or be within close proximity to toilet
facilities.
13. HOUSING
Mutually agreed-upon housing which must include a private bedroom shall be provided at no
cost to the Actor. The Producer will provide the Actor, no later than one week prior to his arrival
or when the application to employ Equity Actors is submitted to Actors Equity Association,
whichever comes first, with a description of the housing, including furnishings and appliances,
that will be available, as well as whether the housing will be shared and if so, with the opposite
gender. The Producer shall provide a copy of this description to Actors Equity Association
along with the Application to Employ Actors Under the Guest Artist Agreement. A rider
describing such housing shall be attached to the Actors contract. When an Actor with a
disability is engaged, accommodations shall be provided as under Title I of the A.D.A.
14. TRANSPORTATION
(A) To the Theatre. The Producer must provide the Actor with round-trip transportation in
the form of an airline or railroad ticket or cash at least three days before the Actors
departure to the place of employment. All reasonable transportation costs, including but
not limited to taxis, baggage handling and gratuities, must be paid by the Producer.
It shall be the Producer’s obligation and responsibility to have the Actor met on his arrival in
town or to instruct the Actor in advance where to go on arrival. The Producer shall provide
transportation from the point of the Actor’s arrival in town to his local residence.
It is also helpful to provide the Actor with city maps and information about the city.
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Agreement and Rules Governing Employment under the Guest Artist Agreement, 2015-2020
(B) Local Transportation for Out-of-Town Actors. If housing is beyond a reasonable
walking distance, local transportation will be provided to and from the theatre and rehearsal
space. The Producer will provide round-trip transportation to shopping facilities twice a
week at posted times. Said transportation shall be in a fully-insured vehicle, operated by a
fully-licensed driver. One such trip will be to an area of diversified shopping, which
includes a bonafide supermarket, pharmacy, laundromat and bank.
15. PUBLICITY
Actors are not required to do publicity; however, the Actor may agree to do public relations with
reasonable notice. Publicity may not include any performance of material from the production.
16. SAFE AND SANITARY
The Producer shall provide a safe and sanitary place of employment for the Actor under the
guidance of Equity. Dancing shall not be permitted on cement or other hard surfaces or
platforming laid directly on such hard surface. Inclined playing surfaces (i.e. raked stages,
ramps, etc.), smoke, haze, pyro and chemical snow effects shall not be permitted. All stage
fights and/or stunts with or without weapons or firearms 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). 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. 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.
17. ACTOR'S PERSONAL BELONGINGS
(A) Baggage. The Actor will be responsible for transporting his personal baggage to and
from the station from his residence and the Producer will reimburse the Actor in full for all
reasonable expenses incurred, as set forth by the Actor. In addition, the Producer will
reimburse the Actor for transportation of the Actors trunk and baggage up to 300 pounds
from his residence (including pickup from within his or her living quarters) to his lodging in
the vicinity of the theatre and, upon termination of the engagement, for return to his
residence (including delivery to within his living quarters). Receipts from such
transportation costs must be presented.
(B) Restricted Access. The Producer agrees to restrict public access to the Actors
dressing room and to provide facilities for safe keeping of the Actor’s personal effects and
valuables.
(C) Personal Valuables. The Producer shall be liable for the loss of and damage to the
Actor’s personal effects and valuables subject to the limits indicated below, if the valuables
have been given to the Producer or the Producer’s agent for safe keeping. When the
Producer requires the Actor to utilize his personal property in a production, the Producer
shall be liable for the loss and/or damage to such property.
(D) Limited Liability. The Producer shall be liable as hereinabove provided whether or
not the act, fault, or negligence of the Producer, its agents, servants, or representatives,
caused or contributed to such loss or damage up to a limit of $5,000 for the Actor’s
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Agreement and Rules Governing Employment under the Guest Artist Agreement, 2015-2020
personal effects, clothing, furs, coats, overcoats, jewelry and electronics. The Producer
shall not, however, be liable for any loss or damage to the Actor’s property while said
property is under the sole and exclusive control and supervision of the Actor.
18. DUTIES OF THE ACTOR
No Actor shall be required to perform duties other than those for which the Actor is properly contracted
under an Equity contract. The Actor shall:
(1) Be prompt at rehearsal and all other official calls;
(2) Appear at the theatre no later than one-half hour prior to the performance;
(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, marijuana
and illegal drugs during rehearsals, half-hour and performances and/or while traveling
in the company vehicle;
(9) Abide by all reasonable rules and regulation of the Producer not in conflict with
Equity Rules; and,
(10) Abide by all rules and regulations of Equity and not alter, omit, or change them in
any way.
19. TERMINATION
(A) Before Rehearsals. Prior to the beginning of rehearsals, this contract may be
terminated as follows:
(1) By the Actor giving the Producer written notice at least two weeks prior to the
rehearsal date specified in the contract.
(2) By the Producer giving the Actor written notice, at least two weeks prior to the
rehearsal date specified on the contract and paying the Actor one week's salary
multiplied by the number of weeks of any guarantee.
(B) During Rehearsal. This contract may not be terminated during rehearsals except with
the permission of Equity.
(C) After First Paid Public Performance. Either party may terminate this contract by
giving a 2-week notice in writing to the other. Termination will be effective at the end of 2
weeks after notice is given.
20. GENERAL PROVISIONS
(A) This contract will include by reference all items contained in the Employing Actors and
Stage Managers Under the Guest Artist Agreement guidelines as an obligation and
responsibility. All other rules will be mutually agreed to between the Producer and Equity.
If the parties are unable to agree, Equity's decision will be final. Equity represents that it
will make its decisions by reference to custom and usage in the industry as appropriate.
(B) Exclusive Bargaining Agent. The Producer recognizes Equity as the exclusive
collective bargaining agent for the Actor. Except as expressly stated herein or as set forth
in the Employing Actors and Stage Managers Under the Guest Artist Agreement guidelines
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Agreement and Rules Governing Employment under the Guest Artist Agreement, 2015-2020
incorporated by reference herein, working conditions shall conform to rules which have
been adopted by custom and usage in the professional theatre.
(C) Individual Signature Required. The Producer agrees that the execution of this
contract binds not only the theatre, but also the individual signatory to this contract as well
as any person under whose authority this contract is executed.
(D) Agreement. The granting of permission for an Actor to appear on a Guest Artist
Agreement is done on an individual basis only. It is necessary for the Producer to make
application to Equity each time the Producer wishes to engage an Actor. The granting of
permission for one Guest Artist can in no way be construed as establishing a precedent for
others.
(E) The terms and conditions of the Guest Artist Agreement set forth herein shall be subject
to revision upon no less than 90 days’ written notice.
21. DISPUTES
Any dispute arising under, out of, or in connection with employment here under, or in relation to
this Agreement or any breach or asserted breach thereof, shall be determined and settled by
arbitration, pursuant to the Voluntary Labor Arbitration Rules of the American Arbitration
Association. The Producer and Actors' Equity Association will be the sole parties to such
proceeding. Any award rendered shall be final and binding. Any hearing or arbitration will be
held in a location selected by Actors' Equity Association. The expense of the arbitration,
including the compensation of the arbitrator, shall be shared equally by Equity and the
Producer. The Producer must sign below and return this page to Equity before a Guest Artist
Agreement with any actor can be contracted.
I, _____________________________, Producer of the _______________________________
Theatre/Producing Organization, have read and understand this agreement and agree to abide
by each and every rule stated herein.
_______________________________________
______________________
Producer
Date
Send to the Guest Artist Department of the appropriate Equity Regional Office.
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