Survey
* Your assessment is very important for improving the workof artificial intelligence, which forms the content of this project
* Your assessment is very important for improving the workof artificial intelligence, which forms the content of this project
Actors’ Equity Association AGREEMENT AND RULES GOVERNING EMPLOYMENT IN COUNCIL OF RESIDENT STOCK THEATRES (C.O.R.S.T.) Effective Date: February 25, 2008 Expiration Date: February 24, 2013 NATIONAL OFFICE 165 West 46th Street New York, NY 10036 (212) 869-8530 Fax (212) 719-9815 Chicago, IL 60603 Suite 1500 125 South Clark Street (312) 641-0393 phone (312) 641-6365 fax Los Angeles, CA 90028 5th Floor 6755 Hollywood Boulevard (323) 634-1750 phone (323) 634-1777 fax San Francisco, CA 94104 Suite 900 350 Sansome Street (415) 391-3838 phone (415) 391-0102 fax Orlando, FL 32821 10319 Orangewood Boulevard (407) 345-8600 phone (407) 345-1522 fax www.actorsequity.org TABLE OF CONTENTS 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. 16. 17. 18. 19. 20. 21. 22. 23. 24. 25. 26. 27. 28. 29. 30. 31. 32. 33. 34. 35. 36. 37. 38. 39. 40. 41. 42. 43. ACTOR'S OBLIGATION TO EQUITY. ................................................................ 1 AGENTS. ............................................................................................................. 1 ARBITRATION. ................................................................................................... 2 AUDITIONS AND INTERVIEWS. ........................................................................ 4 BINDING EFFECT OF AGREEMENT. ................................................................ 7 BLACKLISTING. ................................................................................................. 8 BREACHES BY PRODUCER.............................................................................. 8 CALLBOARD. ..................................................................................................... 9 CHANGES IN CAST. ........................................................................................... 9 CHORUS............................................................................................................ 10 CLAIMS. ............................................................................................................ 11 CLOSING SEASON........................................................................................... 11 CLOTHING AND COSTUMES. ......................................................................... 11 CONTINUOUS EMPLOYMENT......................................................................... 14 CONTRACT. ...................................................................................................... 14 CROSS-CONTRACTUAL PRODUCTIONS. ..................................................... 15 DANCE CAPTAIN. ............................................................................................ 15 DAY OF REST AND REST PERIODS............................................................... 16 DEFAULTING EMPLOYERS............................................................................. 16 DEFINITIONS. ................................................................................................... 17 DEPUTIES. ........................................................................................................ 20 DISCRIMINATION. ............................................................................................ 20 DISCRIMINATION FOR UNION ACTIVITY. ...................................................... 20 DUTIES OF ACTOR. ......................................................................................... 21 EQUAL EMPLOYMENT OPPORTUNITY, NONDISCRIMINATION AND NON-TRADITIONAL CASTING......................................................................... 21 EQUITY: SPECIAL PROVISIONS..................................................................... 23 EXCLUSIVE SERVICE OF THE ACTOR. ......................................................... 24 HOSPITALIZATION AND MEDICAL COVERAGE. .......................................... 25 HOUSING AND LOCAL TRANSPORTATION. ................................................. 25 ILLNESS AND SICK LEAVE............................................................................. 28 INJURY AND WORKERS’ COMPENSATION INSURANCE. ........................... 28 JUVENILE ACTORS. ........................................................................................ 29 LAWS GOVERNING.......................................................................................... 29 MILITARY SERVICE OF THE ACTOR.............................................................. 29 MUSICAL PRODUCTIONS: SPECIAL PROVISIONS. ..................................... 29 NO LOCKOUTS OR STRIKES.......................................................................... 32 NON-PROFESSIONALS. .................................................................................. 33 NUDITY.............................................................................................................. 36 PENSION FUND AND 401(k). ........................................................................... 36 PERFORMANCES............................................................................................. 36 PERFORMANCES LOST. ................................................................................. 38 PHOTOGRAPHS AND PUBLICITY. ................................................................. 38 PRODUCTION PROSECUTED. ........................................................................ 39 I 44. 45. 46. 47. 48. 49. 50. 51. 52. 53. 54. 55. 56. 57. 58. 59. 60. 61. 62. 63. 64. PROGRAMS AND ANNOUNCEMENTS. .......................................................... 39 PROPERTY. ...................................................................................................... 41 RECORDINGS FOR USE IN PRODUCTION. ................................................... 41 REHEARSALS. ................................................................................................. 42 REPORTS.......................................................................................................... 44 SAFE AND SANITARY PLACES OF EMPLOYMENT. ..................................... 45 SALARIES. ........................................................................................................ 49 SECURITY AND SECURITY AGREEMENT. .................................................... 52 SET MOVES ...................................................................................................... 52 SOCIAL SECURITY AND UNEMPLOYMENT INSURANCE. ........................... 52 STAGE FIGHTING............................................................................................. 53 STAGE MANAGERS. ........................................................................................ 54 SUBSIDIARY RIGHTS. ..................................................................................... 58 TELEVISING, RECORDING AND MOTION PICTURE. .................................... 58 TERMINATION. ................................................................................................. 63 TRANSPORTATION AND BAGGAGE.............................................................. 66 UNION EMBLEM. .............................................................................................. 69 UNION SECURITY/DUES AND INITIATION FEES........................................... 69 VACATIONS. ..................................................................................................... 70 VOLUNTARY CLASSES. .................................................................................. 70 VOTING. ............................................................................................................ 70 II AGREEMENT made between Actors' Equity Association (hereinafter "Equity") and the Council of Resident Stock Theatres (hereinafter "CORST"). RECOGNITION The Producer agrees to recognize Equity as the exclusive representative of all the Actors, Stage Managers and Assistant Stage Managers employed by them, for the purposes of collective bargaining and the administration of matters within the scope of this Agreement. RULES GOVERNING EMPLOYMENT 1. ACTOR'S OBLIGATION TO EQUITY. (A) Nothing contained in any employment contract signed by any member of Equity shall be construed so as to interfere with the carrying out of any obligation which a member owes to Equity by virtue of such membership, and the Producer shall not only not request or require any member to do any act or thing forbidden by Equity or by the rules or orders of the Council of Equity, or orders of its authorized executives, but will require the Actor to do and/or assent to the Actor doing any and all acts required by the aforementioned. (B) The Producer further agrees that he has notice that: (1) The Associated Actors and Artistes of America is a voluntary Association hereinafter referred to as 4A's and is subject to the Constitution, By-Laws, rules, regulations and orders of the American Federation of Labor-Congress of Industrial Organizations from which it derives its charter. (2) Equity deriving its charter from the 4A's is in turn subject to the Constitution, By-Laws, orders, rules and regulations of the 4A's and the American Federation of Labor-Congress of Industrial Organizations. (3) The Actor is directly subject to the Constitution, By-Laws, rules, regulations and orders of the 4A's, and the Producer agrees that he will not require the Actor to do any act or thing forbidden by the Constitution and By-Laws of the 4A's or by its rules or orders or regulations. This Agreement and all contracts of employment shall be subject to all such rules and regulations. 2. AGENTS. (A) Equity Franchise Required. The Producer has notice that if the negotiation for, or the obtaining of a contract of employment by the Actor is through any employment agent or personal representative not holding an Equity franchise, or one whose franchise is not in good standing, the Actor is liable to suspension or other disciplinary action by Equity. (B) Commissions. Should the Producer contact the Actor directly and agree with him as to the salary and part, the Producer shall not directly or indirectly require 1 an Agent to intervene to complete the engagement or require the Actor to sign the contract at or through an Agent's office. Any such Agent so engaged does not represent the Actor and should such Agent make a claim for commission, the Actor will notify the Producer accordingly, and the Producer agrees to indemnify the Actor and hold him harmless from any such claim. (C) Agents Acting as Casting Consultants or Packagers. Any Agent who acts as an Agent for a Producer, either as a casting consultant or otherwise, with or without fee, does not, if the Actor secures employment through him, represent the Actor in securing said employment and is not entitled to commissions therefore from the Actor. The foregoing paragraph likewise applies in any case where the Agent acts as a Packager, either on behalf of a Producer, with or without fee, or on his own behalf. (D) Chorus, Commissions Prohibited. The Producer has notice that Actors performing under Chorus contracts shall not pay commission to any Agent, except as in accordance with the Equity Agency regulations. 3. ARBITRATION. (A) Time Limit. Should the Producer dispute a ruling by Equity and if said ruling is arbitrable under these Rules, he must demand arbitration within four weeks of notice to him of said ruling. Failure to do so constitutes agreement with said ruling and an acknowledgement that Equity may deduct any monies due as a result of said ruling from any security posted with Equity by the Producer. The Producer further agrees to replace said amount deducted immediately upon demand by Equity. (B) Procedure. Any controversy arising from the application or interpretation of this Agreement or affecting the relationship between any Actor or Equity and the Producer, including disputes as to the existence or validity of any employment contract, shall be submitted to arbitration pursuant to the Voluntary Labor Arbitration Rules of the American Arbitration Association.Arbitration as provided herein shall be the exclusive remedy for the resolution or adjustment of disputes, including any question as to whether a dispute or issue is arbitrable under the provisions of this Agreement. The expenses of the arbitration, including the compensation of the arbitrator, shall be shared equally by Equity and the Producer. Nothing herein shall be construed to give the arbitrator the authority to alter, amend or modify any of the provisions of this Agreement. Equity shall act on behalf of the Actor in any arbitration proceedings and in accordance with Equity's Constitution and By-Laws. No Actor is authorized to commence any arbitration proceeding except with the consent of Equity. Arbitrations shall be held in New York City, Chicago, Los Angeles or San Francisco as Equity may designate. (C) Failure to Pay Creates a Dispute. Failure by a Producer to pay any amount 2 claimed to be due by the Actor or Equity is evidence of the existence of a dispute (Equity consenting), entitling the claimant to an arbitration (Equity consenting). (D) Failure to Arbitrate a Breach of Contract. Failure of the Producer to appoint his arbitrator and promptly arbitrate any dispute, on demand by Equity, within the time specified in this Agreement shall be a breach of his agreement. (E) Special Provision. Should any dispute arise to which an Actor is a party; and either the making or the validity of the agreement itself, or the agreement to submit to arbitration, or the failure to comply with any agreement to arbitrate, is in dispute, all parties to the agreement or alleged agreement shall waive and by the acceptance of this Rule do waive any and all provisions of law which may lawfully be waived and which may provide other or different procedure, and submit such dispute to arbitration in the manner provided in standard form Equity contracts and by Equity rules. No Actor and no Producer shall make or take any appeal in any form to any court of law to determine any rights or remedies, or alleged rights or remedies, or any question in dispute of any kind under agreement or claimed agreement of employment, any disputed question regarding the making of any agreement, or the making of any agreement to arbitrate or any part thereof, when it shall be lawful to determine such question involved or such dispute by mutual written consent through arbitration held in accordance with the provisions of standard form Equity contracts or Equity rules. Failure by the Actors to obey any or all of these rules shall be grounds for disciplinary action by Equity. Failure by the Producer to obey any or all of these rules shall constitute a breach of this Agreement and of Equity rules, which breach shall entitle all Actors, at the request of Equity, to withdraw from the cast. In case of such breach the Producer agrees, whenever the Actor holds a standard minimum contract without guarantee of more than two weeks, to pay forthwith in full for all services rendered by the Actor to the Producer, plus any other amounts then owing, not already paid, and also as liquidated damages, no present basis of calculation existing, a sum equal to two weeks’ salary. If the Actor holds a contract with a guarantee exceeding two weeks, then in case of such breach the Producer agrees to pay the Actor forthwith in full for all services rendered by him, not then already paid for, plus any other sums to which the Actor may be entitled by contract or by Equity rule, and in addition as liquidated damages, no present basis of calculation existing, a sum equal to his salary multiplied by the number of weeks remaining under his guarantee of employment. In no event shall the Actor be paid less than two weeks’ salary, and in no case shall any offsets be allowed to the Producer for the earnings of the Actor in a new or subsequent engagement. The arbitration provisions of this Agreement shall, with respect to any controversy or dispute, survive the termination or expiration of this Agreement, or of any contract of employment. Nothing herein contained shall be deemed to give the arbitrator the authority, power or right to alter, amend, change, modify, add to, or subtract from, any of the provisions of this Agreement. 3 4. AUDITIONS AND INTERVIEWS. (A) Principal Auditions. (1) The Producer shall conduct auditions at which performers will be seen without appointment for principal roles and for stage managerial positions. Callbacks shall not take place during contractually required Principal Audition hours. The following conditions shall apply: (a) Among the auditions held for principal roles, there shall be interviews or auditions for Equity performers. (b) The Producer is under no obligation to hire any person pursuant to any Principal Interview or Audition procedures including the procedures for Equity performers set forth in this Rule. (2) Auditions for Equity Performers. The Producer shall comply with the following procedures for Equity performers: (a) The Producer shall schedule all required Equity auditions prior to the submission of a season of plays to agents. All required Equity auditions must be completed prior to any agent-submitted auditions being held. The Producer shall conduct at least two days of auditions for Equity performers. If musicals are contemplated, a third day must be held. If, however, a season includes only one musical, the Producer shall provide a piano accompanist for one of the two days so that the performer may audition dramatically and/or musically, and the third day of auditions will not be required. (b) The Producer shall consult with Equity with respect to the scheduling of these Auditions and no more than two CORST theatres will hold auditions on any one day in any one city. There shall be separate Equity performer auditions for each CORST Theatre. (c) These Equity performer auditions may be held in any city in which Equity maintains an office. The location or time of auditions may not be changed without the consent of Equity. (d) During each seven-hour day of auditions, the Producer will audition a minimum of 126 performers and shall see more if time permits. Each performer shall have up to three minutes to present prepared material or, should the Producer so choose, read from material provided by the Producer. (e) During each seven-hour day of Auditions, the Producer shall allow Stage Managers to be interviewed. The Director and/or Producer, or a representative of the Producer who can effectively recommend Stage Managers for hiring, shall be present at all Stage Manager interviews. 4 (f) At least three weeks prior to the desired audition time, the Producer shall submit to Equity a list of plays to be produced at his theatre during the season, their then-projected playing dates, an accounting of Stage Managerial positions open, and information regarding where and to whom stage managerial resumes should be sent. Listings of original or obscure productions shall include a cast breakdown and description of roles. If the season is changed after auditions for principal performers have been held, the Producer shall immediately notify Equity of the titles of the new and/or additional plays together with information necessary for contacting the Producer. (g) There shall be an Equity monitor present at Equity auditions provided at no cost to the Producer. (h) The Producer shall provide a piano and accompanist who can sight-read music for all auditions at which the performer is required to sing and/or dance. (i) The Director and/or Producer must be present at all auditions except that a casting director, as approved by the AEA Stock Department, may take the place of the Director and/or Producer at the principal audition only. Furthermore, the Musical Director, and/or Producer and/or Director must be present at all singing auditions, and the Choreographer and/or Producer must be present at all dancing auditions. For the purposes of this rule, “Producer” shall be deemed to include Artistic Director, Associate Producer or Associate Artistic Director. (j) A copy of any concession and/or waiver granted to the Producer prior to auditions shall be posted at the audition location. (k) Subsequent Principal Auditions. (1) Principal performers shall not be called to audition in groups unless necessary for physical screening and/or voice blending. (2) Auditions and/or readings (in addition to the auditions described above) shall be limited to three in number for principal performers, and said performers shall be compensated at the rate of one-seventh of minimum salary for each reading and/or audition over three to which they are called. (l) Local Auditions. The Equity Auditions Department shall be notified of the date and time of any Auditions at the theatre for dissemination. (B) Chorus Auditions. (1) If the theatre schedules a chorus musical, chorus auditions shall be required. (a) Among the auditions held for chorus performers, there shall be 5 auditions for Equity performers. (b) The Producer is under no obligation to hire any person pursuant to any audition procedures including those for Equity performers set forth below. (2) Chorus Auditions for Equity Performers. The Producer shall comply with the following procedures for Equity performers: (a) These auditions shall be held in any city where Equity maintains an office. (b) Equity shall have the right, in consultation with the Producer, to schedule the auditions so that no more than two theatres hold their audition on the same day or call the same category (singer or dancer) at the same time. (c) An Equity monitor shall be present at the audition to assist the Producer or his representative in organizing and facilitating the audition. (d) The Musical Director and/or Producer must be present at all singing auditions. The Choreographer and/or Producer must be present at all dancing auditions. Someone with casting authority must be present at all auditions. (e) No portion of the audition room shall be used as a waiting room. (f) Singers (male and female) and dancers (male and female) shall be auditioned separately at the first call for Equity performers. The group called, and the time and place of said call shall be provided in a notice sent to Equity at least two weeks before the time of audition. The Producer shall also notify Equity of the time and place of the final audition. (g) Dancers shall be auditioned as dancers before being auditioned as singers. Singers shall be auditioned as singers before being auditioned as dancers. (h) Auditions may, if necessary, be held on two separate days: one day for singing, and one day for dancing and for general qualifications. If said two days of auditions are not consecutive, the performers shall not be required to report for any purpose on the days between such auditions. (i) If a performer is called to audition or work on any day after the second audition day, he shall be paid at the rate of one-seventh of minimum for each such day. (j) The performer shall not be required during an audition to rehearse numbers to be used in the production; if so required, rehearsals begin. (k) The time span of any callback shall not exceed five out of seven 6 hours from the inception of the call. A Chorus audition shall not be interrupted to audition a Principal performer for a Principal role, except at the final auditions, when a Chorus performer may read for a "part" or for an understudy assignment. (l) The Producer agrees to provide a piano and a professional piano accompanist who can sight read music at all auditions for chorus performers. (m) Should the Producer, after having engaged his entire chorus, release without obligation an individual chorus performer so engaged at the performer's request, he may hold an additional audition without payment for the purpose of replacing said chorus performer. (C) Additional Provisions for Equity Performers. (1) Safe and Sanitary Provisions for Equity Auditions. When auditions are held the Producer shall provide: (a) Separate room with seats and open space where the performer may wait and/or prepare for the audition or interview. This room shall be provided beginning one hour before the start of the required audition and shall remain available throughout the audition day; (b) Separate change facilities (not lavatories) for men and women at any audition where they are required to dance; (c) Separate lavatory facilities for men and women. These facilities must be accessible without passing through the audition room. (d) An audition room, change room and/or waiting room which is properly lighted, ventilated and heated (when necessary) to at least sixty-eight degrees Fahrenheit; (e) Dancing surfaces which are in compliance with Rule 49(H). Equity reserves the right to approve all audition dance surfaces; (f) All auditions shall be conducted in a facility in which smoking is not permitted; (g) An ample supply of pure, cool drinking water, and cups where needed at no cost to the Actor. (2) Liability Insurance. The Producer shall provide liability insurance to cover performers at auditions and interviews. 5. BINDING EFFECT OF AGREEMENT. Agreements between Producers and so-called "packagers," casting consultants, agents, or manager's representatives shall in no way limit or reduce the Producer's liability or responsibility to fulfill all terms and conditions of Equity contracts to which the Producer is signatory. All contracts signed pursuant to these Rules are binding not only upon the 7 signers on the face thereof, but also upon any and all corporations, copartnerships, enterprises, and/or groups which said signers or each of them control, and are hereby agreed to be adopted as their contracts by each of them. 6. BLACKLISTING. The Producer and Equity both pledge themselves to prevent blacklisting. Opposition to blacklisting is not a controversial issue between the Producer and Equity. Blacklisting for the purposes of this rule shall mean the submission by the Producer, directly or indirectly, to individual or group pressure, and/or the use of private lists, published or unpublished, of persons not to be employed in theatrical productions for reasons having no direct relation to their theatrical ability. If it is determined that a Producer has blacklisted as defined herein, said Producer agrees to pay to the Actor losing his employment as a result thereof, his full contractual salary for the duration of the contemplated engagement, plus a sum equivalent to the full contractual salary of his successor or successors, or $1,000, whichever is greater. 7. BREACHES BY PRODUCER. Should the Producer: a) breach this Agreement; b) breach any Equity rule which is a part of the employment contract of any Actor; c) make any false statement in connection with any employment agreement, or regarding security; d) employ or have employed any Actor under any form of contract other than a standard form; e) be in default as to any employment contract with any Actor, or breach any such employment contract, past or present; f) in the future breach any such employment contract; or g) fail to give or deposit security at the time and in the form and amount required by Equity, then in any of said events the Actor may, Equity consenting, terminate forthwith his employment, and in addition the Producer agrees that he will pay the Actor forthwith, in full, for all services rendered by him, plus any other sum(s) to which the Actor may be entitled by contract or under Equity rules, and also as liquidated damages, no present basis of calculation existing, a sum equal to two weeks salary. Should any such act or breach occur, neither the giving of any performance by the Actor nor any omission of any act by the Actor or Equity shall be or act as a waiver of any or either of the rights of the Actor or Equity, and in connection with the foregoing, Equity is hereby given authority, without prejudice and without penalty to itself, to intervene and require the Actor to perform or otherwise act, or not to perform or not to take advantage of any such breach, said requirements to be made by Equity, under such terms and conditions as it may in its sole discretion consider just and equitable; all of the foregoing to be without prejudice to any other or further rights given to the Actor or Equity by contract or by Equity rules. 8 8. CALLBOARD. A callboard shall be maintained at each theatre on which information important to the Actor shall be posted, including: (A) Worker's Compensation carrier and carrier number; (B) Names and addresses and telephone numbers of doctors, dentists and hospitals in the area [see Rule 49(O)]; (C) Members of the Producer's staff whom the Actors can contact in case of emergency; (D) Information regarding fire exits and fire fighting equipment and proper procedures; (E) Producer's procedures for safekeeping of Actors' valuables; (F) Listing of the minimum terms for rental of items from an Actor's personal wardrobe for use in the production [See Rule 13(B)]; (G) Notice of scheduled Day of Rest [see Rule 18(B)]; (H) Notice of rehearsal calls after opening; (I) Housing list (see Rule 29); (J) Concessions granted to the theatre; (K) Notification of waiver production [see Rule 37(C)]. 9. CHANGES IN CAST. When an Understudy takes the place of a Principal Actor in a production, or any Principal is replaced by another Actor, announcement to this effect shall be made: a) from the stage or over the public address system immediately prior to the beginning of the performance; or b) such announcement shall be printed and inserted in all programs. An announcement to such effect shall also be conspicuously and prominently posted at the entrance to the theatre where tickets of admission are collected. This sign shall be at least 8 x 10 inches in size with letters at least l inch high. In all of the above cases such announcements shall include the role, the name of the Actor playing such role or roles, and the name of the Actor replaced. For each failure to give the required notice of substitution, the Producer agrees to pay the Actor whose part is played by an Understudy or another Actor, and also such Understudy or other Actor, an additional sum equal to one-half of his own weekly salary. Unless Equity shall otherwise order, the Producer shall not require the Actor to alternate with an Understudy or a successor, and if replaced by either, the Actor may not be thereafter required (unless Equity orders otherwise) to act again in the part or to report to the theatre for that purpose. Payments, however, shall continue to be made to the Actor according to the terms of his agreement. 9 10. CHORUS. Should the Producer desire to present a production, musical or dramatic, utilizing a singing or dancing Chorus, the following terms and conditions shall apply: (A) Parts Determination. The Producer shall furnish to Equity a list of all proposed and scheduled productions prior to the beginning of the season. Equity shall submit to the Producer a list of all Principal roles and Chorus parts. Should a production be sufficiently changed either by cutting, by re-writing or by rechoreographing, to make questionable the category in which a particular part belongs, final determination shall be made by Equity. The Producer shall furnish to Equity the scripts of scheduled new musicals and new adaptations of musical productions, along with cast breakdowns of Principal roles, number of Chorus Actors to be employed, and a schedule of all functions for which Chorus Actors will receive additional payments. Equity will then respond with its breakdown of Principal and Chorus roles and, after consultation with the Producer, Equity will make determinations for contract filing. Final determination will be made when the show is frozen, and contracts will be changed to reflect this determination. Equity's determination will be final and binding. (B) Chorus Assignments (1) Playing a Role or Part If a member of the Chorus is required to play a role or part (except as Understudy) which was played by a Principal Actor in the original (Broadway or Road) production, the Chorus Actor shall receive no less than the following in addition to his weekly contractual salary: Tiers Z and zz Tier Y Tier X $18.50 $19.50 $20.50 (2) Swings (a) Full Swing. For the purposes of this Agreement, a Full Swing is defined as a non-performing member of the Chorus who swings all or fewer than all Chorus performing in Chorus numbers in the production. (b) Partial Swing. For the purposes of this Agreement, a Partial Swing is defined as a Chorus Actor designated to swing a Chorus number in a Production and is not hired solely as a Full Swing performer. (c) A Swing may be required to attend Understudy rehearsals provided the Swing rehearses only those functions for which the Swing is contracted as a Swing or Understudy. 10 (C) Non-Professionals are not permitted in the Chorus of musicals except as provided for in Rule 35 NON-PROFESSIONALS. 11. CLAIMS. (A) Waiver or Release Not Permissible. Upon any claim of the Actor arising under his agreement through any breach thereof, no receipt, waiver, release, or adjustment by the Actor is of any validity whatsoever unless Equity consents in writing; and the Producer, by agreeing to this rule, agrees that he will not seek or solicit any such waiver, release or settlement, nor offer the same in any arbitration or any proceeding in court unless Equity specifically consents in writing. In no case shall claims of members under employment contracts be handled or enforced by agents or attorneys of members unless same are consented to by Equity in writing. (B) Time Limit in Lodging. Should the Actor deem that he has any claim against the Producer under his contract, he shall present the same to Equity or to the Producer within the four weeks after the time when such claim shall have arisen. If the claim is presented after said four-week period, the Actor shall give to Equity or to the Board of Arbitration or to either of them a good and sufficient reason for such delay. 12. CLOSING SEASON. (A) Defining Closing Notice. The Producer may close season and company by posting one week's written notice to all members of the company provided the Actor shall receive not less than the minimum employment and/or payment guaranteed under his contract. Notices of termination or closing given at or before the end of the performance on Monday night shall be deemed one week's notice; and such notice effective at the end of Saturday week following shall be deemed two weeks' notice. If the company's playing week is Tuesday through Sunday, substitute Tuesday and Sunday for Monday and Saturday respectively in the foregoing sentence. (B) Effect of Company Notice. When a company is closed in accordance with or after notice of closing to the entire company, such notice of closing shall supersede any individual notice then outstanding. (See Rule 58, TERMINATION.) 13. CLOTHING AND COSTUMES. Definition of Costume: Any article of wearing apparel provided by the Producer or rented from the Actor for use in a production. (A) The Producer shall furnish Actors with all costumes and period clothes, including wigs, hats, beards, hairpieces, tights, hose, and properly fitted footwear. All costumes furnished by the Producer shall be maintained by him at his own 11 expense, in a clean and sanitary condition. For musical productions, the Producer shall furnish new dance briefs, tights and "skin parts," if such items are required. In no event shall the Producer require the Actor to purchase any special clothes. Prior to any activity that requires knee pads, elbow pads, or other protective clothing, the Producer shall furnish new and properly fitted (ie. small, medium or large) items for the exclusive use of the Actor for all rehearsals and performances. All properties required by the action of the play, including those peculiar to any trade, occupation or sport, shall be furnished by the Producer. Any such items rented from the Actor for use in the production shall be rented in accordance with the schedule referred to in (B) of this Rule. (B) Rental. The Actor may, at his option, agree to use specific items from his personal wardrobe in accordance with a rental agreement set forth as a rider to his contract. Minimum terms of rental shall be based upon a schedule agreed upon in writing between Equity and CORST and posted on the bulletin board at each theatre, and distributed to each member of the company by the Stage Manager. The rental payment shall be made to the Actor by separate check with his weekly salary. (C) Cleaning and Upkeep. Costumes shall be cleaned at least every two weeks and aired after dry cleaning and after each performance. Stockings, T-shirts, unitards, leotards and other “skin parts” shall be laundered for each performance. Other washable items shall be laundered three times each week. Dry shirts, blouses and “skin parts” shall be furnished at least 30 minutes before each performance. The Producer agrees to provide for the cleaning of each garment of the Actor's personal wardrobe used in the production. Cleaning will be done by a bona fide professional cleaning establishment and not by a coin operated self-service machine process. The Producer shall be responsible for any damage to the garment during the cleaning process. However, in lieu of the above, the Actor may by prior notice to the Producer before the use of the garment in the production, arrange to provide for the cleaning of his own garment. In that event, the Producer shall reimburse the Actor for such cleaning upon presentation of a cleaner's bill. The Producer agrees to repair, at his own expense, any damage or wear and tear to the Actor's personal wardrobe or properties to be used in the production in rehearsals or performances, and to replace any irreparably damaged garment. During the last week of the Actor's engagement, the Producer agrees to pay the Actor a sum equivalent to the prevailing rate in the community of the Actor's residence for the cleaning of any such garments used in the production. For the purpose of this rule, a garment shall be defined as a suit, dress, overcoat, sport coat and slacks, skirt and blouse, and like articles of apparel. (D) Costume Fitting. See Rule 47(A)(4), REHEARSALS. 12 (E) Shoes. (1) The Producer shall provide properly fitted footwear which, if used for dancing, shall be new. All other footwear shall be clean, sanitary, and in good repair. Shoes in musical productions and those used for dancing in non-musical productions shall be rubbered and braced. (2) Dance Shoes. The Producer shall provide properly fitted professional dance shoes for all Actors who are required to dance. Dance shoes may represent the period of a production or nature of a specific character (e.g., sneakers in WEST SIDE STORY; athletic shoes in DAMN YANKEES) and must conform to the appropriate style of the movement. All footwear shall be of suitable construction for dancing when used for theatre dance movement. Professional dance shoes are not required for normal ballroom dancing or where there are minimally choreographed movements. The theatre shall provide professional dance shoes at least one week prior to dress rehearsal. The theatre shall furnish pointe shoes with ribbons for all rehearsals and performances requiring pointe shoes. The theatre shall furnish at least one pair of pointe shoes for each member of the cast called upon to dance in pointe shoes. New pointe shoes shall be provided sufficiently in advance of their use to allow the Actor adequate time to break in the shoes. Shoes for dancing shall be rubbered and braced and shall be repaired or replaced whenever necessary. The Producer may furnish the Actor with shoes previously worn by the same Actor in a prior engagement in the same season, provided they are in good repair and have been used exclusively by said Actor. (3) Rental. Shoes may be rented from the Actor at the Actor's option, provided the Actor already owns shoes suitable to the production. Terms of such rental shall be set forth in a rider to the Actor's contract. (F) Make-Up. The Producer shall supply all make-up, except ordinary and conventional stage make-up. (G) Change of Hair Color. The Actor may not be required to change the color of his hair unless he agrees in writing at the time of signing his contract and has been notified at the time of audition of such potential change. If he agrees, the Producer shall pay the expense of changing the color and of its upkeep during the run of the engagement, and of the restoration to the original color at the close of the engagement. (H) Change of Hair Style. The Actor may not be required to cut his hair in a manner that changes the hair style, or shave his head, beard, moustache, or sideburns, unless he agrees in writing at the time of signing his contract and has been notified at the time of audition of such potential change. If the Actor agrees, the Producer will assume the cost of making the change and maintaining it during the run of the production. 13 (I) Anything to the contrary in the above notwithstanding, the Actor agrees to appear at the theatre with the same appearance as he had at the time of signing his contract and to maintain it as long as the Producer requires during the term of his contract. 14. CONTINUOUS EMPLOYMENT. Continuous employment of the Actor is of the essence of all employment contracts. Employment thereunder shall begin on the date of the beginning of rehearsals or required date of arrival if earlier, except as specified in Rule 59(A)(4), and shall continue until terminated as herein provided, and not otherwise. In no case shall employment begin with a "Day Off." 15. CONTRACT. (A) Changes and Alterations. The Actor has no right or power to waive any of the minimum conditions set forth in the employment contract or these Rules without the written consent of Equity. Unless any and all riders, changes, alterations, waivers or substitutions from or under these rules made prior to, when, or after the contract of employment is made shall have been consented to by Equity in writing; such riders, changes, alterations, waivers or substitutions, or any part thereof, are void, at the option of the Actor, Equity consenting. It shall be the duty of the Producer, not the Actor, to submit proposed changes to Equity for its written approval by a duly authorized representative. At the option of Equity no such riders, changes, alterations, waivers or substitutions shall be admitted in evidence in any arbitration, or by any tribunal for the disposition of any claim without the written consent of Equity. The Producer agrees that all blanks, including opening date, name of part, salary, and required date of arrival will be filled in, in writing, before signing or delivery. Copies of all letters granting concessions shall be made a part of all Actors' contracts. (B) Resident Contracts. An Actor may not be employed on a Resident Contract solely "As Cast"; at least two roles must be specified in the contract. (C) Signing of. Unless a contract is signed concurrently, it must be signed by the Producer first. The Producer shall not require the Actor to sign a contract immediately upon presentation. However, he may notify the Actor and his designated representative, in writing, that the signed contract must be returned to him within a specified time period, which shall be not less than 72 hours, or it may be declared null and void. (D) Emergency Contracts. In any instance where a contract cannot be presented to the Actor for signature in accordance with the above, AEA shall be consulted for interim procedures. The standard Equity contract must nevertheless be signed by the Producer and Actor within 24 hours after the Actor's arrival at the theatre. 14 (E) Quadruplicate Contracts. After entering into any employment contract, the Producer shall file with Equity an exact quadruplicate copy thereof no later than 72 hours after receipt thereof by the Producer. Should the Producer not do so, the Actor may at any time terminate the same without notice, and the Producer shall pay to the Actor such amount as he may be entitled to under the rules for a breach thereof. (F) Attempted Breach. No Actor shall agree with a Producer, Employment Agent, Personal Representative, or other Actor, and no Producer shall agree with any Actor, Employment Agent, or Personal Representative to cause or attempt to cause, or agree to permit, any breach of any term of any employment contract. Should any Equity member engage in such conduct, he shall be subject to such disciplinary action as Equity may determine. Should any Producer be found by an Arbitrator to have engaged in such conduct, said Producer agrees that such conduct on his part shall be a breach of his Employment Agreements with Actors, entitling any such Actors to recover from the Producer, Equity consenting, a sum equal to two weeks' salary as liquidated damages, no present basis of calculation existing. The Producer further agrees that upon such breach, his name may be posted on the Defaulting Employer’s list at Equity. In the event of a recovery of liquidated damages by or on behalf of the offending Actor, the same shall be paid into the Actor's Equity Foundation. 16. CROSS-CONTRACTUAL PRODUCTIONS. When a CORST production is transferred to or from a location using a Contract or Agreement other than a CORST contract, Equity shall be advised and Equity and the Producer shall negotiate conditions consistent with that of continuous employment in order that Actor’s benefits, salary and work rules shall be protected in the transfer. 17. DANCE CAPTAIN. In all productions utilizing musical staging or choreography, there shall be a Dance Captain assigned no later than the first day of rehearsal. An Actor who performs the services of a Dance Captain shall be paid no less than 8% of the prevailing Tier X Actor minimum salary per week in addition to his weekly contractual salary. An Actor engaged solely as a Dance Captain shall be paid no less than the Assistant Stage Manager's minimum salary. Payment shall begin from the day of assignment. The Stage Manager and any required Assistant Stage Manager are prohibited from functioning as Dance Captain. Dance Captain’s rehearsal hours shall not exceed those set forth in Rule 47, REHEARSALS. The Dance Captain shall be listed on the cast page of the program. 15 18. DAY OF REST AND REST PERIODS. (A) There shall be a minimum of one scheduled Day of Rest in every week in addition to the regular periods of rest allowed herein during rehearsal and at the close of each working day. During such rest periods, the Actor shall not be required to perform, rehearse, travel or in any other manner be at the disposal of the Producer. (1) "Day of Rest" means from the end of work on one day until 7:00 PM of the following day. A "Full Day Off," applicable only where specified, means 24 consecutive hours in addition to the normal rest period required after a day of rehearsal and/or performance. (2) Prior to opening the Actor shall be entitled to one Full Day Off with salary in each seven days of rehearsal, except during the last seven days immediately prior to opening of the production, when a daylight Day of Rest may be substituted. (3) Where a production runs for two weeks or more at a single theatre, there shall be one Full Day Off in each week, except for the opening week during which the 7:00 PM Day of Rest Rule shall apply. (B) The scheduled Day of Rest may be changed only twice during any season. There shall be one week's notice of any such change. (C) There shall be an 11-hour rest period between the end of employment on one day and the beginning of employment on the next day. (D) In no event shall employment begin with a Day Off. (For rest periods during rehearsals or performances, see Rule 47, REHEARSALS or Rule 40, PERFORMANCES.) 19. DEFAULTING EMPLOYERS. Any Producer engaging any Actor represents that such Producer is not in default under any agreement with Equity at the time of such engagement, and that no contract has been entered into between said Producer and Equity or any Actor, any breach of which remains unsettled or not liquidated. No Actor shall work or be required by any Producer, without the consent of Equity, to work for any person, co-partnership, corporation, enterprise, or group which has failed to abide by any arbitration award or, where permitted herein, any final determination of Equity, or which, through failure to meet past obligations to Equity, has been placed on Equity's Defaulting Employer’s List; nor shall any Actor work for or be employed by anyone who is or has been connected, either as an individual proprietor, general partner, associate producer, corporate director or officer, or active stockholder with any defaulting management so specified, without the consent of Equity. Should a Producer remain in default of salaries or other monies due any Actor for a period longer than one year, the Producer agrees that 5% interest, compounded annually, beginning one year after the default and ending when the 16 claim is paid, shall be added to and payable as part of said claim. If an Actor is determined by Equity or by an Arbitrator to be in default to a Producer, interest will accrue on said default in the same manner as above. 20. DEFINITIONS. (A) Actor. The term "Actor" shall refer to and include all persons who are engaged under Principal, Chorus and Stage Manager contracts. (1) Principal Actor. The term "Principal Actor" shall include all persons engaged on Equity contracts other than those engaged on Chorus contracts and/or actually performing Chorus work. (2) Chorus. The terms "Chorus," "member of the Chorus," "Actor engaged under a Chorus contract," and "Chorus Actor” shall include all persons engaged under Chorus contracts and/or actually performing Chorus work, as may be determined by Equity. (B) Part and Role. (1) Part. The term “part” shall mean each character, specialty, or function for which the Actor is responsible. (2) Role. The term “role” shall mean the sum of the parts, specialties, functions and assignments for which an Actor is responsible. (C) Stock Theatre. A Stock Theatre is a theatre which presents consecutive productions of different plays not in repertory with no lay-off or hiatus between productions. Stock Theatres shall not be permitted within the cities of New York, Los Angeles, Chicago or San Francisco without the permission of Equity. (1) Resident Company. A Resident Company shall consist of at least five performing Principal Actors and one non-performing Stage Manager employed on Principal Resident Contracts for Stock and whose employment, upon discontinuance of one production, shall continue in at least one subsequent production. So long as employment is continuous an Actor who is rehearsing for a subsequent production but is not also performing in the current production may be considered a member of the Resident Company during said week(s). In the case of a musical which originally did not have five Principal roles, the Resident Company can be maintained by including Chorus Actors on Resident contracts in the roster of the Resident Company. In instances when a non-performing Assistant Stage Manager is required under the provisions of Rule 55, STAGE MANAGERS, the Resident Company may consist of four Principal Actors, one non-performing Stage Manager and the contractually required non-performing Assistant Stage Manager. Non-performing Assistant Stage Managers not required by the provisions of Rule 55, STAGE MANAGERS and/or non-performing Understudies 17 shall not be counted toward the required number of Actors for a Resident Company, even though engaged under the Resident Contract for Stock. Only if a Resident Company is established no later than beginning with the third production of the season shall it be deemed to be a Resident Company. In this event the Producer may for the opening and/or closing production of his season, or for the first two or last two productions of his season, on prior notification to Equity of the exercising of these options, have the requirement of a minimum Resident Company waived provided all members of the company are signed to Equity contracts. Furthermore, during the season, he may exercise the same option to the maximum extent of two productions, provided he has established a Resident Company prior to such waiver and will re-establish a Resident Company thereafter. Unless a Resident Company is established as set forth above, it shall be deemed to be a Non-Resident Company from the inception of the first production of the season through the balance of the season. (2) Categories. Each CORST Theatre shall be categorized prior to each season by certified actual weekly box office gross receipts averaged over the Theatre’s last three seasons (see schedule set forth below). The Producer shall provide Equity with the Theatre’s certified actual box office receipts within 30 days of the end of the Theatre’s season. Tier X $92,742 and above Tier Y $63,761 to $92,741.99 Tier Z $40,575 to $63,760.99 Tier zz Less than $40,575 On the anniversary dates of this Agreement, the minimum weekly box office figures in the schedule above shall be increased by three percent. Maximum weekly figures shall be adjusted accordingly. During this contract period February 25, 2008 through February 24, 2013, any Theatre that operated previously under the CORST Agreement will not change its category as defined in the CORST Agreement expiring February 24, 2008 except by mutual consent of the Producer and Equity. This provision 20(C)(2) shall expire on February 2324, 2013. (3) Non-Resident Companies. Equity will automatically classify as NonResident Companies those companies which do not maintain a Resident Company as defined herein. However, except with the consent of Equity, this classification will apply only during the months of May, June, July, August and September. If a Stock Theatre is classified as a NonResident Company, all provisions of the AGREEMENT AND RULES GOVERNING EMPLOYMENT IN NON-RESIDENT STOCK shall apply. 18 (D) Loss of Stock Theatre Status; Effect Of. If, as and when the company ceases in any respect to be a Stock Theatre (as above defined) or becomes in any way a company which does not comply with the whole of the definition of a Stock Theatre, then contracts of employment excepting the arbitration clause shall cease to be binding upon the parties and in lieu thereof, the parties hereby agree to substitute "Actors' Equity Association Standard Minimum Production Contract," except for the following rules: COMPANY TERMINATION AFTER FIRST PAID PUBLIC PERFORMANCE, TERMINATION (Before or During Rehearsal), REHEARSALS (Outside Organization Point), JOINING COMPANY ON TOUR, REHEARSALS (Lost) REHEARSALS DISCONTINUED OR PLAY ABANDONED, with all blanks and all signatures except name of town and date of commencement of term, which date shall be the date when the company ceases to be a Stock Theatre, filled in the same as in the original contracts of employment (together with any additions thereon over and above minimum terms) in place of said original contract; said substitutions to be effective forthwith upon the company ceasing to be a Stock Theatre as herein defined. Should the Producer, as required by the definition of a Stock Theatre, fail to follow the first production with a second as herein specified, the substitution provided for above shall be effective as of the date when the original contract of employment is entered into. The terms of said Standard Minimum Production Contract in its entirety shall apply from said date, and the Producer shall reimburse and compensate the Actor accordingly. (E) Unit Attraction. A Unit Attraction is a company of Actors playing a particular production at Stock Theatres as defined in 20(C), under a Unit Contract for Stock. (F) Resident Contract for Stock. An Actor engaged to perform in two or more productions with no hiatus of employment may be signed to a Resident contract for Stock, even though said Actor is not a member of the Resident Company. Employment shall commence on the date the Actor is required to report to the theatre, and shall not be terminated until the close of the season except as provided in Rule 58, TERMINATION. (G) Stock Jobbing Contract. An Actor engaged to perform in Stock in a single production (other than a Unit Attraction) shall be signed to a Stock Jobbing Contract. He shall be so signed regardless of the length of run of said production. The minimum duration of a Stock Jobbing contract shall be two weeks, including the rehearsal period. (H) Package. A Package shall be defined as a production in which substantially the same cast performs in more than one Stock Theatre (under consecutive Stock Jobbing Contracts) utilizing essentially the same direction and choreography. Re-blocking to accommodate arena or proscenium stages shall not be considered as essentially affecting the original direction. Whenever a Package plays a Resident Dramatic Stock Theatre, all of the terms and conditions contained in the Agreement And Rules Governing Employment In Non-Resident Stock Theatres shall apply. 19 21. DEPUTIES. There shall be Equity Deputies elected and functioning at all times in each company. The election shall be held within the first three days of rehearsal, and it shall be conducted by the Stage Manager. The rehearsal may be extended no more than fifteen minutes to compensate for the time used for the election. Whenever a Chorus is employed, there shall be Deputies for Chorus singers and Chorus dancers in addition to a Deputy for Principal Actors. Whenever a Deputy in one of the aforementioned job categories ceases to be a member of the company, a new Deputy must be elected immediately. 22. DISCRIMINATION. (A) The Producer shall not practice discrimination against any Actor on the basis of race, color, creed, national origin, gender, sexual orientation, political persuasion or belief, age or disability of such Actor. It is the intention of the parties that the casting of productions will be conducted in a manner that provides equal and fair consideration to all Actors including, but not limited to: ethnic minority Actors, Actors with disabilities, women and senior Actors. (B) The Actor shall not be required to perform in any theatre or other place of performance where discrimination because of race, color, creed, national origin, sex, gender, sexual orientation or political persuasion is practiced against any Actor or against any patron as to admission to or seating in such theatre or other place of performance. 23. DISCRIMINATION FOR UNION ACTIVITY. The Producer shall not dismiss or otherwise penalize any Actor for fulfilling the duties or obligations of a Deputy or an Equity member. If a Deputy or an Actor claims to have been terminated for alleged union activity, the Producer will furnish the reason for such termination to both the claimant and Equity at the written request of either. Any Equity member who claims that the Producer has given him notice or otherwise penalized him for fulfilling his duties as an Equity member may present his case to Equity who shall give the Producer an opportunity to be heard if he so desires. If Equity is satisfied that such activities are the real cause of dismissal or of any penalty, it may permit the Actor's claim to be arbitrated and shall have the power to determine the character and the amount of the claim to be submitted. It is agreed that the burden of proof for reason of the Actor's dismissal is placed upon the Producer, and that proof must stand beyond reasonable doubt or Equity's claim will be maintained. Whenever an Equity Deputy is dismissed or otherwise penalized, Equity shall investigate the reasons for such dismissal or penalty. If Equity is satisfied upon investigation that said Deputy was dismissed or otherwise penalized for fulfilling his duties or obligations as a Deputy, Equity shall have the right to permit arbitration of the Deputy's claim and to determine the character and amount of 20 the claim to be submitted. It is agreed that the burden of proof for reason of the Actor's dismissal is placed upon the Producer, and that proof must stand beyond reasonable doubt or Equity's claim will be maintained. It is further agreed that, if upon arbitration the claim of the Actor or Deputy is sustained, the arbitrator in his discretion shall have the right to impose a penalty, the amount of said penalty to be determined by the arbitrator. Said Actor or Deputy in such event shall also be reinstated with back pay from date of dismissal to date of reinstatement. 24. DUTIES OF ACTOR. (A) No Actor shall be required to perform duties other than those for which he is properly contracted under an Equity contract. (B) The Actor agrees to: (1) Be prompt at rehearsals and all other official calls; (2) Attend all rehearsals as required; (3) Appear at the theatre no later than one-half hour prior to the performance; (4) Pay strict regard to make-up and dress; and perform his services as directed; (5) Care properly for costumes and props; (6) Respect the physical property of the production and the theatre, and abide by all reasonable rules and regulations of the Producer which are not in conflict with this Agreement; (7) Refrain from using or from being under the influence of alcoholic beverages and illegal drugs during rehearsals, half-hour, and performances; (8) Abide by all rules and regulations of Equity and not alter, omit, or change them in any way. Lateness or other infractions of the Equity rules can subject the Actor to disciplinary proceedings in accordance with the Constitution and ByLaws of Actors' Equity. 25. EQUAL EMPLOYMENT OPPORTUNITY, NONDISCRIMINATION AND NON-TRADITIONAL CASTING. It is the intention of the parties that the auditions/ interviews will be conducted in a manner that continues to promote fair consideration to ethnic minorities, women, seniors and Actors with disabilities (consistent with the Americans with Disabilities Act and the rules set forth herein.) (A) Nondiscrimination. (1) The Parties hereto reaffirm their commitment to a policy of 21 nondiscrimination with respect to equal employment opportunity hereunder on the basis of sex, race, color, creed, national origin, age, disability, sexual orientation, political persuasion or belief. There shall be no discrimination against any Actor seeking employment. (2) The Actor shall not be required to perform in any theatre, public or private institution, or other place of performance, where discrimination in any form is permitted or practiced because of sex, race, color, creed, national origin, age, disability, sexual orientation, political persuasion or belief. (B) Non-Traditional Casting. (1) It is the desire of the parties that employment for Actors shall continue to reflect a multi-racial society that also includes Actors with disabilities. Toward that end, Actors’ Equity Association and the Producer will continue to encourage to the best of their abilities a flexible and imaginative casting policy which is called non-traditional casting. (2) Non-traditional casting is for the purpose of increasing employment for ethnic minorities, (African-American, Hispanic-American, AsianAmerican and Native American), women, seniors and Actors with disabilities and is for the casting of the aforementioned Actors in roles where race, age, ethnicity, gender or the presence or absence of a disability is not germane to the play or the character’s development. (3) It is also the intention of the parties that in furtherance of this policy, with due regard for the requirements of and suitability for employment, and with the understanding that there can be no interference with the contractual rights or artistic discretion of the Playwright, Director or Choreographer, the Producer shall endeavor to engage ethnic minorities, women, seniors and Actors with disabilities. (C) Records. The Producer will maintain for each production records of ethnic minorities, women and Actors with disabilities interviewed, hired and/or replaced, and will make best efforts to maintain such records on senior Actors, and will forward such records to Equity within four weeks of the first public performance and thereafter on a quarterly basis. Equity will provide the applicable form. (D) Notice. (1) The Actor or applicant shall give notice to Equity of any claimed violation of Section (A), (B) and/or (C) within 28 days of the time when the claim arose, and Equity shall send written notification to the Producer within five business days thereafter. Any claim for which timely notice is not given shall be barred unless good cause for such delay is shown. (2) A claimed violation of this Rule 25, EQUAL EMPLOYMENT OPPORTUNITY, NON-TRADITIONAL CASTING AND NONDISCRIMINATION, unless satisfactorily resolved between Equity and the Producer, shall be submitted to arbitration. In the event the arbitrator determines that discrimination has been practiced, the arbitrator shall 22 have the authority to direct reinstatement or employment, as the case may be, and/or assess such monetary damages as in the arbitrator’s opinion will make the Actor or applicant whole for such actual financial loss as the Actor or applicant may have suffered by reason of said discrimination, but in no event shall damages awarded exceed the minimum salary payable for the term of the production. (E) Performers With Disabilities. (1) When a role being cast depicts a person with a specific disability, the Producer agrees to include that fact in the casting specifications and, at the same time, to notify Equity of such specifications so that performers with similar disabilities shall be informed and given the opportunity to audition for the role. (2) When auditions are held in premises which are not architecturally accessible for performers with disabilities, the Producer will, upon notification by Equity or by a performer with a disability who wishes to audition, arrange for an appropriate audition facility to accommodate such performers. (3) When a deaf performer is sought, the Producer shall provide, during the audition, an interpreter for the deaf (one qualified or certified in sign language or oral interpretation). (4) All audition material provided by the Producer shall, upon request, be made available to blind and visually impaired performers at least 48 hours in advance of the audition, at a place to be designated by the Producer. 26. EQUITY: SPECIAL PROVISIONS. (A) Benefits. Actors may rehearse for and play in Equity benefits. (B) Meetings: Privilege of Actors to Attend. The Producer shall not schedule rehearsals nor require the services of the Actor (except in cases where dress rehearsals are being held or rehearsals on opening date) at any time when a regularly called meeting of Equity is being held within 25 miles of where the Actor is rehearsing or performing. Time off for this purpose shall not be counted as a part of that day's rehearsal. (C) Special Power to Act for Actor. (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 has and is given authority to act for and in place of the Actor and to assert his position or make his request or demand, as the case may be, with all of the power and authority of the Actor himself, without liability to itself. (2) In all cases where by virtue of any employment contract the consent 23 or approval of Equity is required, Equity has and reserves full discretionary power in giving its consent to change, modify or limit rights of any Actor under his contract, said action shall be taken on behalf of Equity in writing by either the President or the Executive Director, or by one of the Executives especially authorized by either of said officers to act. Oral or telephone rulings made by Equity are not binding upon the Association or, except with its consent, upon Actors. Written rulings or interpretations of either the employment contract or this Agreement must be either approved by or given by the President or the Executive Director, or by one of the Executives specifically authorized by either of said officers to act. Such rulings or interpretations shall be binding upon the Association only when said persons act within the powers delegated to them by the Council. (D) Council Powers. Should there be any conflict between rules or any basis for more than one interpretation as to the meaning of them, the Council of Equity has the right to determine the correct interpretation or resolve the conflict, and its decision shall be binding upon Equity and the Actors. (E) Representatives. Duly authorized representatives of Equity shall have free access to the stage and to all Actors at all times, inclusive of rehearsals and performances. Equity may represent Actors in any dispute which may arise with the Producer. (F) Determination of Classification. Equity has the sole right to determine whether an individual is correctly classified as a Principal, Chorus, Stage Manager, Assistant Stage Manager, or Extra. 27. EXCLUSIVE SERVICE OF THE ACTOR. Except as otherwise provided for in the contract of employment, the Actor shall not accept any other engagement in the legitimate and/or musical comedy fields from the date of beginning of rehearsal and until said contract is lawfully terminated, without the written consent of the Producer. The Actor shall, however, have the right to accept other employment not conflicting with the fulfillment of his duties under said contract. If the Actor is a star or featured player in the production covered by said contract, he may enter into a written agreement to be annexed to said contract, agreeing not to accept any other employment and to render his services exclusively to the Producer and not to render services to any other person or corporation without the written consent of the Producer. 24 28. HOSPITALIZATION AND MEDICAL COVERAGE. (A) The Producers of CORST Theatres agree to pay to the Equity-League Health Trust Fund the following sums per week, for each Actor for each and every week of employment: Effective Dates Tiers X, Y and Z Tier zz 2/25/08 – 2/22/09 $155.00 $135.00 2/23/09 – 2/28/10 $165.00 $135.00 3/01/10 - 2/27/11 $175.00 $155.00 2/28/11 – 2/26/12 $185.00 $155.00 2/27/12 - 2/24/13 $200.00 $175.00 These monies shall be used to provide Health benefits for the Actor including, but not limited to, Hospitalization and Health Insurance. The Producer further agrees to be bound by the Agreement and Declaration of Trust establishing the Equity-League Health Trust Fund, including all its rules and regulations and any and all modifications thereto which may be adopted by its Trustees during the term of the Agreement. (B) Supplemental Workers’ Compensation Insurance. The Producer agrees to provide Supplemental Workers’ Compensation insurance through a group policy administered by the Equity-League Health Trust Fund. All Health rates listed above are inclusive of the contribution for Supplemental Workers’ Compensation Insurance. 29. HOUSING AND LOCAL TRANSPORTATION. (A) Housing. (1) It shall be the Producer's obligation and responsibility to locate and reserve suitable living accommodations at reasonable cost for all Actors employed at his theatre. The cost to the Actor shall not exceed the percentage of his actual weekly salary proscribed in the chart below: Effective date Allowable housing deduction 2/25/08 10.0% 2/23/09 7.5% 3/1/10 5.0% 2/28/11 2.5% 2/27/12 0.0% If suitable housing is not available at the above rates, the Producer agrees to pay any overage. 25 (2) The Actor is entitled to a private room at the cost prescribed above and shall not be required to share a room. A "room" shall be a permanent enclosure and not a division of space by curtaining or other temporary devices. The Actor shall not be obligated to room and board or live at any particular place, but shall be offered a choice of accommodations (including any private homes available) not restricted to one location unless the Producer provides housing free of charge to the Actor. Producer agrees to post in housing instructions for summoning emergency services, including address of the housing and how to summon emergency service if cell phone coverage in insufficient. (3) Housing List. (a) At the time of signing a contract, the Producer shall supply each Actor with a list of accommodations expected to be available at the time of arrival. A copy of the list shall be sent to Equity. The list shall include accommodations that are "pet free" year-round, if available, to be offered to Actors who indicate specific allergies at the time of contract signing. Listed accommodations shall be those which the Producer and/or his responsible representative has personally inspected immediately prior to the beginning of the season and therefore warrants and guarantees to be reputable, safe, clean, and sanitary. The established scale for any given room shall be made available and be the same for all Actors. (b) The accommodations listed must be described as to price, availability of equipment (such as telephone, kitchen, bath, closet, TV, etc.), services, types of beds, distance from the theatre, availability of public transportation, proximity of shopping and laundry services, whether smoking is permitted and housing is smoke free and whether the room or rooms are able to be locked. When accommodations are in private homes, animals and/or children on the premises shall also be indicated, as well as the number of people sharing a bath. (4) If the theatre is engaging an Actor with a disability, the Producer will insure that said Actor has accessible housing that conforms to all the requirements described above. (5) The Stage Manager and Assistant Stage Manager shall not be responsible for arrangements for living accommodations. (6) As an aid to Actors who are parents and desire to bring a child (or children) along when employed at the Theatre, the Producer, prior to the conducting of auditions, shall provide to Equity the following information on a form provided by Equity: Childcare on site; Day care available elsewhere; Day Camp; 26 Baby-sitters, caretakers, babysitting services; Possibility of enrolling in local schools; Housing appropriate for Actors with children; Recreational facilities, parks, playgrounds nearby; Nursery school. This information will be updated annually by the Producer. (7) Accommodations secured for the Actor shall include bedding, bed linens and at least two towels (all of which shall be laundered weekly). Where a kitchen is included but basic cooking and eating utensils are not furnished, this must be noted in the housing list furnished to the Actor. If a security deposit is required, the Producer shall advance the deposit to the Actor, provided the Actor signs an authorization agreeing to have any monies advanced deducted from his salary. (8) When an Actor finds his designated lodging to be unsuitable (i.e., does not comply with the minimum standards set by Equity, is not in compliance with the description given, or is not in substantial compliance with the Actor's health requirements as specified in advance by said Actor), an alternate choice shall be made available to the Actor at similar cost. Such change of lodging shall not alter the Producer's obligation for said Actor's transportation pursuant to (B) of this Rule. (9) The Producer shall not be responsible for the room and board of relatives or pets. (B) Local Transportation. In all cases where there is no available public transportation in the immediate vicinity of the theatre, it shall be the responsibility of the Producer to provide, at his own expense, the following local transportation to the Actors: (1) To And From the Theatre. During daylight hours, transportation to and from rehearsal and/or performance will be provided for Actors whose housing is more than one-quarter mile from the theatre or rehearsal space, in accordance with a pre-arranged schedule. Transportation will be provided for any Actor who is physically disabled or is 65 years of age or over, regardless of lodging location, and for all Actors during inclement weather and after sunset. This transportation shall be furnished in such manner that the Actor will arrive at the theatre one-half hour prior to the beginning of each performance and promptly for each rehearsal, and shall be available to return the Actors to their living quarters no later than one-half hour after each performance and promptly after each rehearsal. In the event lodgings are more conveniently reached by walking, an escort shall be provided for any Actor who would otherwise be walking alone. The Actor will give notice prior to "curtain down" whenever this service is needed. 27 (2) For Meals. If cooking facilities are not available to the Actor and if no suitable and moderately priced public dining facilities where the Actor can obtain three meals a day during normal meal hours are located within one-quarter mile of the Actor's lodgings, then the Producer shall provide reasonable round-trip transportation to such dining facilities. (3) For Shopping, Laundromat. Round-trip transportation to a shopping facility shall be made available twice a week at posted times. One such trip shall be to an area with a bona fide super-market and laundromat. (4) Waiver of Local Transportation. When suitable accommodations are available within two miles of the theatre, but the Actor elects to live beyond that area, the Producer shall not be obligated to furnish local transportation. (5) Upon Arrival. It shall be the Producer's obligation and responsibility to have the Actor met upon arrival in the town or to provide instructions in advance as to where to go upon arrival. (C) When a theatre is located in a suburban area of a major city, and when the Actor is a permanent resident of that city, if there is no convenient public transportation between the city and the theatre, the Producer shall be obligated, at his own expense, to provide round-trip transportation to and from the theatre to some convenient central location within the city. 30. ILLNESS AND SICK LEAVE. (A) Sick Leave. Each member of the company shall accumulate one day's sick leave with salary for each 28 days (four weeks) of employment for the same Producer. Sick leave may be accumulated until the termination of the Actor's contract. It is understood and agreed that should the Actor become ill and be docked for a missed performance prior to accumulation of any sick leave that, on his subsequent accrual, he will be reimbursed for those performances docked in accordance with the accumulation he has earned. If questioned, the validity of the illness shall be determined by a committee consisting of the Deputy, Stage Manager, and Producer, and such determination shall be final and binding on the Actor and Producer. (B) Salary Payment. If the Actor cannot perform because of illness, injury, or any other valid reason, then the Actor shall not be entitled to any salary, except as provided in 0 above or Rule 31, INJURY AND WORKERS’ COMPENSATION INSURANCE, for the time during which said services shall not, for such reason or reasons, be rendered. (See Rule 58, TERMINATION, for termination of contract due to illness or injury.) 31. INJURY AND WORKERS’ COMPENSATION INSURANCE. Workers' Compensation. The Producer agrees to obtain and maintain Workers' Compensation Insurance coverage for all Actors in his employ. 28 32. JUVENILE ACTORS. The Producer shall provide a responsible person to supervise Juvenile Actors under the age of 16 during the rehearsal period and all performances from halfhour until each Juvenile Actor has been called for by a responsible parent or guardian after curtain down. Such persons shall not perform functions that interfere with the supervision of said Juveniles. Actors and Stage Managers in the production shall not perform such supervisory duties. Such Juvenile Actors shall be provided with dressing room space separate from adult Chorus or adult Principal Actors. 33. LAWS GOVERNING. This Agreement shall be subject to, be construed by, and all the rights of the parties thereto shall be determined by the laws of the state of New York, except as may otherwise be provided. If there are any valid provisions of law applicable to a contract of employment which are in conflict herewith, the provisions of the contract which conflict therewith shall be deemed modified in conformity with the provisions of such applicable laws. 34. MILITARY SERVICE OF THE ACTOR. If the Actor is called to report for military service, the Actor may terminate his contract by giving the Producer as much notice as the circumstances will permit. In such event, the Producer agrees to pay the Actor's return transportation and the Actor shall not be obligated for the payment of the fare of his successor. 35. MUSICAL PRODUCTIONS: SPECIAL PROVISIONS. CORST Tier Y, Z and zz theatres shall not present musicals in excess of one-half of the performance weeks of their season except by the express approval of Equity and only under the terms and conditions determined by Equity. (A) Minimum Company. (1) In all musical productions which, as originally produced required no Chorus, casts of seven or fewer shall consist entirely of Actors engaged on Equity contracts. (2) In any musical which has a Chorus, a minimum number of Equity Chorus contracts as enumerated below in Rule 35(D) will be signed under which the Actors will perform as Chorus. The Chorus contract (or rider) shall be used only for those persons who actually perform as ensemble dancers and/or singers. In addition, a minimum of four Equity Principal contracts will be signed under which the Actors will perform as Principals, except in productions which, as originally produced, required fewer than four Principal roles. In instances when a non-performing Assistant Stage Manager is required under the provisions of Rule 55, STAGE MANAGERS, said required 29 Assistant Stage Manager may be counted towards the minimum of four Equity Principal contracts required above. (B) Chorus. For terms related to the employment of Chorus, please see Rule 10 CHORUS. (C) Use of Non-Professionals in Principal Roles. (1) Production Without Chorus. Non-professionals (as defined in Rule 37) may be permitted in minor Principal roles in accordance with the following ratio: Non-Pro Ratio for Tiers X, Y and Z Cast Of Equity Principal Contracts Non-Pros in Principal Roles 8 7 1 9 7 2 10 8 2 11 8 3 12 9 3 13 or more 9 Unlimited Non-Pro Ratio for Tier zz Cast Of Equity Principal Contracts Non-Pros in Principal Roles 7 6 1 8 7 1 9 7 2 10 8 2 11 or more 8 Unlimited NOTE: The provisions above for Tier zz shall expire on February 23, 2013 and shall be replaced with the provisions in effect on February 24, 2008 (2007 season). 30 (2) Productions Utilizing Chorus. Non-Professionals may be permitted in accordance with the following ratios. (a) The following ratio shall apply to Theatres that present four or more musicals per season. Equity Contracts Non-Pro (Chorus and Principal) Principals 10 1 11 1 12 2 13 or more unlimited (b) The following ratio shall apply only to Theatres that present three or fewer musicals per season. Equity Contracts Non-Pro (Chorus and Principal) Principals 10 1 11 or more unlimited This provision 35(C)(2)(b) shall expire on February 23, 2013. (c) The above ratios notwithstanding, the following ratio shall apply to Theatres operating in Tier zz regardless of the number of musicals presented per season: Equity Contracts Non-Professionals (Minimum of 4 Chorus) 9 or more unlimited NOTE: The provisions above for Tier zz shall expire on February 23, 2013 and shall be replaced with the provisions in effect on February 24, 2008 (2007 season). (3) The ratios in 35(C)(1) and (2) above exclude Stage Managers, nonrequired Assistant Stage Managers and non-performing Understudies. (4) Reference shall be made to cast breakdown lists, prepared and distributed by Equity, in determining the roles available to NonProfessionals. It is the intention of Equity that Non-Professionals not be used in leading or substantial supporting roles. It is not the intention of this rule, however, to deprive the Producer of the use of the number of Non-Professionals to which he is entitled under the terms of this agreement. Should the Producer find it necessary to cast a NonProfessional in a role which could be considered substantially supportive, Equity will not unreasonably withhold consent upon written request. 31 (D) Use of Non-Professionals in Chorus. (1) In theatres presenting four or more musicals per season, the following will apply: Any Chorus of six or fewer must consist entirely of Actors signed to Equity Chorus contracts. When six Equity Chorus contracts are in effect under which such Actors are performing as Chorus, the Producer may augment the Chorus with Non-Professionals as defined in Rule 37. Such Non-Professionals may not be partnered with Chorus Actors in any dance sequence, nor may such Non-Professionals perform any acting assignment in the production. (2) In theatres presenting three or fewer musicals per season, the following will apply: Any Chorus or four or fewer must consist entirely of Actors signed to Equity Chorus contracts. When four Equity Chorus contracts are in effect under which such Actors are performing as Chorus, the Producer may augment the Chorus with Non-Professionals as defined in Rule 37. (E) Partnering. An Actor shall be permitted to partner or be partnered by a nonprofessional. Should a dispute arise as to the safety of this partnering, such partnering may only continue with the unanimous approval of an on-site committee consisting of the Deputies, Dance Captain and Stage Manager. (F) Except during Dress Rehearsal, each individual Actor will be given a fiveminute rest period after no more than 55 minutes. If a five-minute rest period is not given in a particular hour, a 10-minute rest period must be given after no more than one hour and 20 minutes. During Dress Rehearsal, the rest period between acts shall be at least 10 minutes. For each failure to give such rest periods, the Producer shall pay each Actor one hour of overtime at the rate set forth in Rule 47(C). (G) Should the Producer fail to employ the required number of Principal and Chorus performers in a musical production, or should Actors signed to Chorus contracts fail to perform as Chorus, the Producer shall pay the sum of $200 Dollars to Actors’ Equity Foundation for each week for each violation. Should the number of Non-Professionals, excluding those Non-Professionals in Chorus, exceed those permitted by this Rule, then Rule 37(I) shall apply. 36. NO LOCKOUTS OR STRIKES. (A) Notwithstanding any other provisions contained in this Agreement to the contrary, no Actor shall be subject to discharge, discipline, or replacement by the Producer: (1) for refusal to cross a picket line or enter upon the picketed premises if employees of the Producer other than those governed by this Agreement are on strike or are picketing the Producer; or (2) for refusal to cross a picket line or enter upon the premises of an 32 employer other than the Producer if the employees of such employer are engaged in a strike ratified by a representative of such employees, which such employer is required by law to recognize. In either instance, such strike or picketing must enjoy the sanction of and be ratified by the relevant parent national or international union, the Council of Equity must endorse and support the strike or picketing and direct its members to honor such picket line or strike, provided that the strike or picketing is not in violation of law. (B) The Producer shall not lock out any of the Actors, and neither the Actors nor Equity will call, sanction, or participate in a strike during the period of this Agreement except as provided above. In no event shall any Actor be required to perform or to enter the theatre for such purpose, if such performance or entrance would endanger the Actor's safety. (C) Should a strike by the Actors occur during the period of the Agreement, Equity will be deemed not to have violated the terms of this Rule if Equity refrains from assisting, encouraging, or condoning, and in good faith takes every reasonable means to terminate the strike at once, and in addition thereto, promptly declares publicly that the strike is unauthorized and directs the Actors to cease such conduct. (D) The provisions of this Rule shall not be deemed to affect the express rights of Equity or the Actor under Rules 7, BREACHES BY PRODUCER; 19, DEFAULTING EMPLOYERS; 34, MILITARY SERVICE OF THE ACTOR, or 43, PRODUCTION PROSECUTED. 37. NON-PROFESSIONALS. (A) The Producer may employ Non-Professionals (Membership Candidates, students, or local jobbers) who are not members of any branch of the 4A's and/or who have not been members of a performer's union outside the United States, and only when playing outside of commuting distance (25 miles or more) of New York, Chicago, San Francisco, or Los Angeles, and only in accordance with the following Rules governing the employment of such persons. Such NonProfessionals may be used in specific Principal roles and/or in the Chorus, subject to the restrictions of Rule 35. (B) Affidavits. On a form supplied by Equity, the Producer shall register with Equity each Non-Professional associated with his company within one week of engagement by filing his name, address, Social Security number and a statement, signed by the Non-Professional, that he is not a member of any branch of the 4A's. (C) Use of Non-Professionals in Dramatic Productions. All casts of six or fewer (exclusive of the Stage Manager and non-required Assistant Stage Managers) shall consist entirely of Actors signed to Equity contracts. In casts of seven or more, non-professionals may be engaged in accordance with the following ratios: 33 Non-Pro Ratio for Tiers X, Y, and Z Cast Size Equity Principal Contracts Non-Pros 7 6 1 8 6 2 9 7 2 10 7 3 11 or more 8 unlimited Non-Pro Ratio for Tier zz Cast Size Equity Principal Contracts Non-Pros 6 5 1 7 6 1 8 6 2 9 7 2 10 7 3 11 or more 8 unlimited The ratios above exclude Stage Managers, non-required Assistant Stage Managers and non-performing Understudies. Upon application by the Producer, Equity agrees to waive for one production during the season the above-mentioned ratios, provided that a Resident Company is maintained for said production. The waiver production of the season shall be noted on the Callboard. Non-Professionals may not be used in leading or substantial supporting roles. It is not the intention of this rule, however, to deprive the Producer of the use of the number of NonProfessionals to which the Producer is entitled under the terms of this Agreement. Should the Producer find it necessary to cast a NonProfessional in a role which could be considered substantially supportive, Equity shall not unreasonably withhold consent upon written application. (D) Use of Non-Professionals in Musical Productions. (See Rule 35.) (E) Membership Candidate. A Membership Candidate is defined as a NonProfessional who is interested in obtaining training for the theatre and/or who intends to make a career in the professional theatre and is properly registered with Equity. (1) A Membership Candidate who accrues 50 workweeks among theatres participating in the Membership Accreditation Program will be 34 eligible to join Actors' Equity Association. Such eligibility will remain open for a period of five years following the 50th week. However, after accruing 50 work weeks (or as provided in (3) and (4) below), and during this five year period of eligibility, no Membership Candidate may be engaged by a theatre unless signed to an Equity contract. (2) A workweek for the Membership Candidate shall be defined as any week in which the Membership Candidate rehearses or performs with the Equity company as an actor, understudy, or production assistant to the Stage Manager, and shall be so reported on the weekly report. Membership Candidates shall be primarily engaged as actors, understudies, or production assistants to the Stage Manager, but for those who may be doing technical work for productions in which they are not performing, understudying, or assisting the Stage Manager, credit will be given for such related production activity up to a maximum of 10 weeks. Under no circumstances may more than 10 weeks of the Membership Candidate's cumulative 50 weeks be spent in such activity. (3) A Membership Candidate who completes the required number of work weeks as specified in section (2) above during the period of a production will be allowed to complete the production as a NonProfessional provided that the work assignment remains the same and the Actor's engagement does not extend more than eight weeks beyond the 50-week period set forth in (1) above. (4) Equity retains the right to withdraw the Membership Accreditation Program from any Theatre. (F) Local Jobbers. A local jobber is hereby defined as a bona fide resident of the community in which the theatre is located, is a Non-Professional as hereinabove defined, and who is in no other manner connected with the professional theatre. At the time of engagement, the Producer shall offer all local jobbers the option of being enrolled as Membership Candidates. A local jobber may be employed by the Producer in Principal roles within the above limitations in not more than two productions in the first season, and one production in any season thereafter, unless signed to an Equity contract or enrolled as a Membership Candidate. (G) Eligibility. A Non-Professional who has exhausted his status as a NonProfessional under any other Equity contract or Agreement which permits NonProfessionals shall not be eligible to perform as a Non-Professional under this Agreement. (H) Travel. If a Non-Professional is cast in a production which travels, he must be signed to the appropriate Equity contract. (I) Violation. In the event that a Non-Professional is used in a production in violation of these Non-Professional Rules, the Producer agrees to pay the Actors' Equity Foundation a sum equivalent to one week's rehearsal pay, plus one week's minimum salary for each week said violation continues. In the event of a 35 second violation, the Producer shall pay to the Actors' Equity Foundation a sum equivalent to two weeks' rehearsal pay plus two weeks' minimum salary for each week said violation continues. 38. NUDITY. Any production with nudity shall be subject to the prevailing rules of Equity with regard to auditions, performances, the taking of photographs and the making of any and all visual recordings. 39. PENSION FUND AND 401(k). (A) The Producer acknowledges that the collective bargaining agreement effective June 1, 1960, between Equity and The League of American Theatres and Producers provides for the establishment of a jointly administered Pension Fund and the Producer agrees hereby to become a participant in said Pension Fund. The Producer agrees to execute all necessary documents including the Agreement and Declaration of Trust establishing said Pension Fund now or hereafter adopted or which may, from time to time, be adopted by those administering said Fund. The Producer agrees to make contributions to said Pension Fund for each and every week of the Actor's employment in the amount of 8% of the gross payments to the Actor. (B) The Actor shall have the option to contribute to the Equity-League 401(k) Plan. The Producer agrees to make salary deferrals, as directed by the Actor, and remit same to the Plan. No contributions shall be required of the Producer. The Producer further agrees to be bound by the Agreement and Declaration of Trust establishing the Equity-League 401(k) Plan, including all its rules and regulations and any and all amendments and modifications thereto that may be adopted by its Trustees during the term of this Agreement. 40. PERFORMANCES. (A) Number Of. In X, Y and Z theatres, a week's work shall consist of no more than eight performances on six consecutive days. In zz theatres a week’s work shall consist of no more than six performances on six consecutive days. (B) Payments to Actor. A week's compensation shall be paid even if fewer than eight performances are given. All performances or rehearsals for which admission is charged (except bona fide benefits endorsed by the Theatre Authority or Equity) are to be counted and considered as performances for which the Actor is to be paid. (C) Extra Performances. Except as herein provided, a sum equal to two-eighth’s of the weekly salary shall be paid for each performance over eight in each week. In zz Theatres, one-sixth of the weekly salary shall be paid for a seventh or eighth performance, and two-eighth’s shall be paid for performances over eight in a week. (1) If more than two performances are given or begun on any one day, 36 the third performance shall be paid for as an extra performance, even though the total number of performances given during the week is eight or fewer. (2) Any performance begun prior to 2:00 PM or later than 11:00 PM shall be counted as an extra performance within the meaning of this paragraph and shall be paid for at the rate of two-eighths of the Actor's weekly salary. However, performances for elementary and secondary school groups may begin prior to 2:00 PM without additional compensation, provided that the intention and number of such performances, to the best of the Producer's knowledge and ability, shall be stipulated at the initial contact with the Actor and in a rider to the Actor's contract at the time of signing, and further provided that all required rest periods are observed. (3) Performances on a day scheduled as a day free of performance may be given only with the prior consent of Equity. (D) Rest Periods Between Performances. There shall be a minimum of a 1-hour rest exclusive of half-hour call between any two performances. If it is necessary for the cast to leave the theatre in order to obtain a meal, the rest period shall be increased to 1½ hours exclusive of half-hour call between performances. Should there be less than 1½ hours exclusive of half-hour call between performances, and there is no dining facility on the theatre premises, the Producer shall, at his own expense, provide the Actors with a meal at the theatre within 15 minutes of the conclusion of the first performance. Actors shall be offered a choice of a hot or cold balanced meal. The cast shall be notified 24 hours in advance of what the meals will consist. Special dietary needs shall be accommodated if requested by the Actor at least 24 hours in advance. If there is less than 1½ hours exclusive of the half-hour call between performances and there is no dining facility on the theatre premises and the Producer does not provide a meal, the Producer shall pay to each Actor a penalty of $10.00 and shall notify the Actors 24 hours in advance that a meal will not be provided. In no event shall the rest period between performances be less than 1 hour. (E) Place of. The Actor shall not be required to perform in any other place or upon any other stage than that on which performances are regularly given, except with prior consent of Equity. (F) Length of Performance and Overtime. The length of the performance shall be deemed to be 3-1/2 hours from the half-hour call unless the actual time elapsing between the half-hour call and the end of the performance is in excess of 3½ hours, in which event said actual time shall be the length of the performance. Overtime compensation at the rate of $8.00 per half-hour shall be paid weekly on a cumulative basis for all performance time in excess of three and one-half hours, as herein defined. In no event, however, shall overtime be paid on the first performance of any production. Should overtime result from unavoidable 37 delays or interruptions during a performance, the Producer may apply to Equity for a waiver of overtime payments. The Producer agrees to abide by the determination of Equity which shall be final. (G) Intermission. Intermissions shall not exceed 30 minutes each. 41. PERFORMANCES LOST. (A) If the Company as a whole cannot perform because of fire, accident, strikes, riot, Act of God, or the public enemy, which could not be reasonably anticipated or prevented, then the Actor shall not be entitled to any salary for the time during which his services shall not for such reason or reasons be rendered. Should any of the foregoing conditions continue for a period of 10 days or more, either party may terminate the contract, and the Producer will pay for all services to date and transportation back to New York City or the place of residence. The word "strikes" as used in this Rule shall not include strikes within the theatre arising because of the default of the Producer or which he could have reasonably prevented. (B) If performances are not given because of a claimed application of (A) of this Rule, any Actor who remains at or near the theatre location and away from his bona fide place of residence at the direction of the Producer, shall receive a per diem payment of one-seventh of minimum salary for each day that performances are not given, but in no event shall the combined per diem and performance payments exceed contractual salary. If it is determined that this Rule does not apply to the particular situation, the per diem payments made to the Actor may be used as an off-set against any salary payments found due. (C) The Producer agrees to abide by the determination of Equity as to whether this Rule applies to any given situation, and such determination shall be final. 42. PHOTOGRAPHS AND PUBLICITY. (A) In addition to the regular rehearsal time, one hour per week shall be allowed for the taking of customary and usual photographs, together with photographs to appear in magazines or newspapers for the sole purpose of publicizing and advertising the production. In a season where a production plays for at least two weeks, the Actors may agree to a single photo call of one and one-half hours duration for that production in lieu of the weekly one hour call. If all or any part of such time is used after an evening performance, it shall be used immediately thereafter, and in no event may extend beyond 1:00 A.M. Photographs shall not be taken at any time unless 24 hours notice is given to the Actor. In all cases, the Actor's name shall be properly credited in the publicity whenever and wherever the photographs are used. If photographs are taken at any time other than hereinabove specified (except during rehearsal hours), the Actor shall be paid not less than one-eighth of his 38 weekly salary for each day or part thereof employed in such photographing. (B) The Actor cannot be required to be at the disposal of the Producer except within the specified rehearsal and performance hours. When personal appearances are scheduled for the Actor by the Producer, the Actor shall be given 24 hours notice. An Actor signed to a Jobbing contract may not make more than one personal appearance in any one week. This rule does not prohibit the Actor from electing to be interviewed on radio or television, or from making reasonable personal appearances. 43. PRODUCTION PROSECUTED. Should the production in which the Actor is engaged be complained of as being in violation of any statute, ordinance, or law of the United States, or any state or any municipality in any state, and should a claim or charge, either civil or criminal, be made against the Actor arising out of his employment 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 his own defense, and shall indemnify the Actor against any loss or damage which he may suffer arising from his employment in any such production. It is specifically agreed and understood between the Actor and the Producer that the language, business and costuming of the play are under the control and direction of the Producer and author who, according to custom, can at any time erase or amend the scenes and lines, and that consequently the Actor has no certain method of knowing during rehearsals whether in its final presentation the play is susceptible of being considered immoral or indecent. Therefore, the Producer represents to the Actor that the play as produced shall not violate any law or give offense which is punishable by any law, and expressly agrees that should he or the author be arrested or summoned on such charges, that the Actor may, (Equity consenting) terminate the engagement forthwith. Upon such termination, the Producer shall pay to the Actor forthwith all sums due under his 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. 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. In the event of his failure to do so, or for any breach of this rule, the Producer shall pay to the Actor (Equity consenting) the sum of $1,000. 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. 44. PROGRAMS AND ANNOUNCEMENTS. (A) Cast Listing. A free program must be offered at all performances to each member of the audience. All Actors, including the Stage Manager, shall receive 39 program credit. Each Actor shall receive credit in the program for each character he portrays and/or understudies as designated in his contract, unless the Actor stipulates otherwise in writing, with a copy to Equity. The Stage Manager, Assistant Stage Manager, and Dance Captain shall be identified as such on the cast page and/or title page. All Equity members, including the Stage Managers, shall be identified as such in the program. Biographies shall be included for the Actors, including all Stage Managers. The Actors shall have the right of approval of biographical material for the program and souvenir program. Approval must be in writing, and shall not be unreasonably withheld. The program shall include the biographical history of Actors' Equity Association provided by Equity by April 1st of each year, and not to exceed 85 words (see Rule 60, UNION EMBLEM). (B) Errors or Omissions in Program. In the event that there are errors or omissions in the printed cast listing in the program, the Producer agrees that upon receipt of written notice thereof to himself or his duly authorized representative, he will within 24 hours (including at least one business day) place in the program a mimeographed or printed slip correcting the omission or error. In addition, he will also correct the omission or error in the next printing of the program, provided such notice is given at least 24 hours prior to the press deadline (including at least one business day). After notification and until a correction slip is inserted in the program, omissions and errors other than spelling errors must be announced from the stage or over the public address system before the performance. If the production does not have a normal opening but begins while the audience is being seated, this announcement shall be made before the second act. If there is no act break, a sign will be posted in a conspicuous place where tickets are collected. For each failure to correct the program as stipulated above, after proper notice, the Producer shall pay the Actor involved a sum equal to oneeighth of minimum salary for each performance during which the omission or error continues. (C) Errors in Billing. If billing has been negotiated in a rider to a contract, and such billing is not provided by the Producer, the Actor shall notify the Producer or his duly authorized representative in writing of same and shall send a copy of such notification to Equity. Failure of the Producer or his duly authorized representative to correct such error within 48 hours of receipt of notification shall constitute a breach of contract as stipulated in Rule 7. If such billing error or omission is in a publication, such correction must be made at the earliest possible date within the confines of such publication's deadline. (D) The names of all Actors in the production shall be listed in front of the theatre or in the lobby. (E) Announcements. The Producer or his designated representative shall make 40 an announcement 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. If the aisles are used by the Actors for entrances and/or exits, the Producer shall also announce that the aisles must be kept clear during the performance. 45. PROPERTY. The Producer shall reimburse the Actor for all loss and/or damage to: (a) his property used or to be used in connection with a production or productions covered by his contract of employment; (b) the personal clothing worn by the Actor to the theatre; and (c) the personal effects of the Actor, including his baggage and eyeglasses, while any such property is wholly or partly in the possession or control or under the supervision of the Producer or any of his representatives, agents, or employees, or while said property is in any theatre, building, or other place in which the production (or productions) covered by the Actor's agreement has been, is being, or is to be given, or when any such property or personal effects have been in any way shipped, forwarded, or stored by the Producer or any of his representatives, agents, or employees, up to a limit of $1,500 for the Actor's personal effects and clothing, and up to a limit of $750 for the Actor's jewelry; except that, if the Producer provides facilities for safekeeping the Actor's personal valuables, jewelry, and/or cash not used in the production, while said articles are in any theatre, the Producer shall be liable for loss and/or damage only if said personal valuables, jewelry, and/or cash are given to the Producer or his agent for safe-keeping. In this regard, the Producer agrees to provide facilities for safekeeping of said articles, and to inform all Actors by a written notice posted on the Callboard of the necessity for using such facilities under the provisions of this Rule. The Producer shall be liable as hereinabove provided, whether or not the act, fault, or negligence of the Producer, his representatives, agents, servants, or employees caused or contributed to such loss or damage. The Producer, however, shall not be liable for any loss or damage to the property of the Actor while said property is under the sole and exclusive control and supervision of the Actor. Except as above provided, the Producer shall not be responsible for any loss and/or damage to the personal property of the Actor, over and above the limitations herein set forth. The Producer may meet the foregoing obligations by maintaining adequate and sufficient insurance coverage which shall provide the same protection as the Producer hereby assumes. Upon the direct payment of any damage or loss to the Actor by the Producer, the Producer or the Insurer shall be subrogated to all rights of the Actor to the extent of such payment. 46. RECORDINGS FOR USE IN PRODUCTION. The Actor shall not be permitted to work in any company where recordings or mechanical or electronic reproductions of voice are used to supply dialogue, singing or chanting, unless the Producer shall have first obtained the written 41 consent and permission of Equity, and shall comply with all such terms and conditions as Equity may prescribe. A Principal Actor may agree in a contract rider to record, film or tape a portion of the role which he performs on stage for use in the production. The record, film or tape may be used only during the period in which the Actor is employed, except where the Actor voluntarily terminates his employment and where said Actor's voice is not identifiable. Said recording, film or tape must be made during regular rehearsal hours. 47. REHEARSALS. (A) General Provisions. (1) Rehearsals shall be considered to be continuous from the date of the first rehearsal as provided in the contract. If the Actor is required to arrive at the theatre location at an earlier date, rehearsals shall begin on the date of arrival except for arrival on the day before the scheduled first rehearsal per Rule 59(A)(4). (2) If the Producer chooses to start with a reading by the company, or a substantial part thereof, said reading is a part of and begins the rehearsal period for the Actors involved. (3) No rehearsals are to be called after the evening performance. (4) In addition to the regular rehearsal time, one hour per production will be allowed for costume fittings. All or any part of this time shall be used either immediately prior to the beginning of a scheduled rehearsal (after the required rest period) or immediately after the end of rehearsal on said day. Producer and Actor may mutually agree on a different time. (5) After the first public performance of a production, the Actor shall receive 24 hours’ notice of any further rehearsal of that production, except in an emergency. (6) Equity shall retain the right to determine terms and conditions under which additional rehearsals may be held. (B) Breaks and Rest Periods. (1) There shall be a 1½-hour break after five consecutive hours of rehearsal. This break may be reduced to 1 hour solely for the convenience and at the request of the company by a 2/3 majority secret vote of the Actors involved. (2) There shall be a minimum of a 2-hour break exclusive of the half-hour call before an evening performance. (See Rule 54, STAGE FIGHTING.) There shall be a minimum of 1-hour break exclusive of the half-hour call before a matinee performance. (See Rule 54,STAGE FIGHTING.) Any violation of said breaks shall be paid at the rate of $16.00/half-hour or part thereof. 42 (3) Except during Dress Rehearsal, each individual Actor will be given a five-minute rest period after no more than 55 minutes. If a five-minute rest period is not given in a particular hour, a 10-minute rest period must be given after no more than one hour and 20 minutes. During Dress Rehearsal, the rest period between acts shall be at least 10 minutes. For each failure to give such rest periods, the Producer shall pay each Actor one hour of overtime. (C) Overtime (Payment). Should the Actor (which includes Stage Managers) rehearse more than the hours stipulated herein, the Producer shall pay overtime at $8.00 per half hour for any half hour or part thereof for each instance of such overtime rehearsal. Should overtime occur on a day in which the Actor is late for rehearsal, that Actor shall not be entitled to overtime compensation for a period of time equal to that of his lateness. (D) Prior to Opening. (1) No Actor (which includes Stage Managers) shall be permitted to rehearse more than seven out of eight and one-half hours in any day, which shall include a 1½-hour recess except that, on a Dress Rehearsal day on which there is no performance, the rehearsal hours may be 10 out of 12 consecutive hours. (2) The Theatre shall complete an on-set technical-dress rehearsal prior to the first paid public performance. If an emergency prevents the completion of such tech-dress rehearsal, the Producer shall make all possible efforts to complete rehearsal of any aspects of the production which might endanger the Actor. (E) After Opening. (1) Maximum Hours. On a single performance day maximum rehearsal hours, including rehearsal for a subsequent production, brush-ups, and replacement rehearsals, shall be no more than five consecutive hours or five out of six and one-half hours, which shall include a 1½-hour recess. (See 47(B)(1) above.) On two-performance days, rehearsals may not exceed two hours. (2) Rehearsal on Day of Rest. On a Daylight Day of Rest (as defined in Rule 18), the Actors may not be called to rehearse for more than five consecutive hours beginning no earlier than 7:00 PM. (3) Brush-up or Replacement. After the opening of any production, the Actor shall not be required to give further rehearsals of said production, except for one Brush-Up or replacement rehearsal within regular rehearsal hours. (4) Rehearsal Period for Subsequent Production. Should a production play for more than two consecutive weeks, Actors employed in said production on the Resident Contract for Stock shall not be required to rehearse for the subsequent production earlier than three weeks prior to its opening. During the first week of a three-week rehearsal/performance 43 period, there shall be an additional Daylight Day of Rest. Total rehearsal hours for the subsequent production in that week shall not exceed 15. Any rehearsal in addition to that permitted above, shall require the consent of Equity, not to be unreasonably withheld and the payment oneseventh of rehearsal salary to each Actor for each additional day. In no event shall the rehearsal call exceed five out of six and one-half consecutive hours on a one-performance day. Actors engaged on consecutive Stock Jobbing contracts at the same theatre or for the same Producer shall not be required to so rehearse without additional compensation, which shall be no less than contractual salary. 48. REPORTS. (A) W-2 Forms. W-2 forms shall be furnished to the Actor with the last salary payment or within 31 days following the end of the calendar year, whichever is sooner. Equity may at its discretion, at any time, require the Producer to submit proof satisfactory to it that all Actors employed are given a withholding tax receipt (W-2 Form) and statement of Social Security deductions for the entire season. To enable the Actor to obtain a possible tax credit or refund from the state or municipality which has levied an income or earnings tax, suitable information shall be provided to the Actor at the time W-2 forms are furnished as required. (B) Weekly Report to Equity. The Producer shall and must furnish Equity, with a weekly report regarding his theatre, listing all Actors and all Non-Professionals employed in each attraction. The form for this purpose will be supplied by Equity. This weekly report is due by the Friday following the last performance of each week of the attraction. Equity will notify the Producer of lateness. If the reports are not filed within one week after notification, a fine of $25 for each week of failure to file the reports is applicable, and shall be paid by the Producer to Actors' Equity Foundation. 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. If, within six weeks of receipt of such reports, Equity fails to notify the Producer of a possible violation based upon that report or fails to request further information, Equity shall not thereafter take any action or make any claim based upon it. (C) Annual Report of Weekly Gross. In advance of the season, the Producer shall submit to Equity the Theatre’s certified weekly box office receipts. Should the Producer fail to provide this information, Equity may re-classify the Theatre to the highest category and all rules applicable to that highest category shall apply. 44 49. SAFE AND SANITARY PLACES OF EMPLOYMENT. The Producer agrees to provide the Actor with safe and sanitary places of employment. All theatres will be expected to comply with the applicable Federal, state and City laws and codes regarding accessibility for persons with disabilities. (A) Dressing Rooms. Separate dressing rooms for male and female Actors will be provided. Juvenile Actors shall be provided with dressing room space separate from adult Chorus or adult Principal Actors. (See Rule 32.) Dressing rooms (except quick-change booths) shall be of a permanent type and shall not be under canvas. There shall be no less than the equivalent of 150 watts of usable light proximate to each dressing table space. The use of fluorescent lighting is not acceptable for make-up purposes, i.e., around make-up mirrors. All exterior dressing room windows and doors shall be screened for purposes of pest control wherever fire regulations permit. All dressing rooms shall be equipped with air-conditioning systems, air-cooling systems, or some similar type of mechanical device maintained in good working condition, to insure proper ventilation and the circulation of fresh, cool air. Whenever the theatre auditorium is air-conditioned, the dressing rooms shall also be air-conditioned. Should the Producer fail to take steps to provide adequate mechanical devices within 24 hours of notification from Equity, the Actor, with Equity's consent, shall not be required to remain at the theatre. The Producer shall not allow the temperature in the dressing rooms to fall below 65 degrees Fahrenheit or rise above 85 degrees Fahrenheit. If the Producer fails to take steps to maintain proper temperature within 24 hours of notification from Equity, the Actor, with Equity's consent, shall not be required to remain at the theatre. Alleys and roads leading to stage doors of theatres shall be accessible, properly lighted, and free from obstructions and hazardous conditions. Runways between dressing rooms and the theatre shall be covered and paved. Dressing room entrances and windows shall be properly masked from the view of the audience to insure Actor's privacy. Tile, concrete and linoleum floors shall be washed at least once each week. Carpeted floors shall be vacuumed or swept at least once a week and thoroughly cleaned prior to the first production of the season. Any booth or area, separate from the stage area, from which the Stage Manager must call cues, must be equipped for air circulation, heating safety, safe access and proper lighting. (B) Lavatory and Toilet Facilities. Separate sanitary facilities will be provided for male and female Actors. Toilets and lavatories will be clean and sanitary, and will be separate facilities from those provided for the audience. Said lavatories 45 shall be in separate rooms with soap, paper towels, and toilet paper readily available. Sinks with hot and cold running water shall be available or reasonably convenient to the dressing rooms. "Reasonably convenient to" shall mean within the same building and in the dressing room area. In all theatres where the Actor is required to use body make-up, there shall be showers with hot and cold running water. Any walkway between the dressing rooms and toilet facilities shall be masked from view of the audience. (C) Rehearsal Space. In all open-air and tent theatres, the Producer shall make available adequate covered rehearsal space which shall be safe, comfortable and healthful at all times. All enclosed rehearsal space shall have proper ventilation with provision for the circulation of fresh air. The temperature in all enclosed rehearsal spaces shall be maintained at no less than 65 degrees Fahrenheit and no more than 85 degrees Fahrenheit. The Actor, with Equity's consent, shall not be required to rehearse in a space not in compliance with the specified limits. (D) Stage Manager’s Booth. Stage Manager’s booths shall be maintained in a safe and sanitary condition. Stage Manager’s booth must be adequately heated and ventilated. (E) Aisles Ramped. In all arena theatres, there shall be no riser between the runway and the stage. A ramp or other leveling device must be provided. (F) Guide Lights. All ramps, stairways, entrances and exits, crossover areas, and off-stage passageways which may be affected by blackouts, shall be illuminated with guide lights. In arena theatres, there shall be two guide lights on the edge of the stage and one on each side of every ramp leading to the stage. In addition, there shall be a guide light on each side of the aisle adjacent to the first rows of seats of every aisle, and there shall be guide lights on each side of every aisle at eight-foot intervals. There shall be a warning light at eye-level on both sides of every pole or other obstruction in an aisle which Equity shall deem to be potentially injurious or unsafe. There shall be side rails on any ramp adjacent to any pit and level guide lights on stage along the edge of any pit. Aisles shall be maintained in a firm and even condition and, if not constructed of a hard surface such as concrete, asphalt, or macadam, must be securely covered. (G) Raked Stage. (1) Whenever the use of a raked stage is contemplated in a production, it shall be the obligation of the Producer to promptly notify Equity and to provide such information as Equity may reasonably request. (2) One-half of an inch per foot is the maximum permitted rake of the stage unless otherwise negotiated with Equity. 46 (3) In consideration of safety concerns, if a production is to be performed on a raked stage, the Producer will make best efforts to conduct as much rehearsal as possible on the raked deck. (4) When a raked stage is used, instructions will be given to the cast, prior to opening, as to how to perform on the rake in order to avoid the risk of injury. (H) Dancing Surfaces. (1) Actors shall not be required to audition, rehearse dances or dance on concrete or marble floors or on any other surfaces which Equity shall deem to be injurious or unsafe, or on wood or on any other substance laid directly over such similar surfaces which do not provide air space of at least one and five-eighths inches between the concrete or marble or similar supporting surface and the dancing surface. (2) Where platforming is used, it must be securely fastened and the surface completely covered by a deck of material such as wood or masonite. (3) The edges of all decks must be clearly visible and, if not, guardrails must be fastened in order to preclude the possibility of injury. (4) When orchestra pits are not in use and footlights or other proper demarcations are not used to outline the stage, then such pits shall be covered by a non-flexible material along the area adjacent to the stage. (I) Smoke, Haze and Pyrotechnics. Permitted Substances. Agreeing that the Actors’ health and safety is paramount, the Theatre agrees to use only dry ice, CO2, liquid nitrogen, vaporized water, or substances listed in, and in accordance with the specified limits set forth in a study commissioned by the Trustees of the Equity-League Pension and Health Funds, entitled HEALTH EFFECTS EVALUATION OF THEATRICAL SMOKE, HAZE, AND PYROTECHNICS. Notice Requirements. At least two weeks prior to the beginning of each season, the Theatre must send written notification to Equity identifying each production in the season and its plans to use smoke, haze and/or pyrotechnic effects. Any specific plans, if known, including the name of the manufacturer, name of the machine, name of the fluid, attachments (e.g. chiller, etc.), machine setting, and number of machines. Thereafter, the Theatre must send written notification to Equity of any changes and/or additions to the specific production’s notification not later than 24 hours prior to the first use. Theatres must post the production’s smoke, haze and/or pyrotechnic notices to the actors' callboard. (J) Firearms. Whenever firearms are used in a production, there shall be a safety demonstration for the entire company, prior to the first use of firearms in rehearsal, and such demonstrations shall be conducted by a qualified individual. Thereafter, safety demonstrations and/or instructions will be required for all 47 affected replacement Actors as well as Swings and Understudies, before their first paid public performance. Any and all modifications to firearms shall be done by a licensed gunsmith. Demonstration time shall be counted as rehearsal time. 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. (For example, current California State law requires that individuals using firearms as props have permits for such use). Any costs associated with the use of firearms shall be borne by the Producer. The Producer shall provide a cot during all rehearsals and (K) Cots. performances, accessible to any performer at all times. This cot shall not be in a dressing room but shall be easily available to the entire company. The Producer may, in lieu of the above, provide a cot in each dressing room. (L) First Aid Kits. First Aid kits, stocked with adequate supplies, shall be available and easily accessible at all times wherever the Actor is required to rehearse, dress or perform. (M)Intercom System. An intercom system between the stage area and the dressing rooms shall be installed in all theatres in which Equity deems that the dialogue from the stage is not clearly audible in the dressing rooms. (N) Drinking Water. Ample, pure, cool drinking water shall be provided wherever the Actor is required to rehearse or perform. (O) Medical Services. An up-to-date list of medical services, including doctors, dentists, hospitals, etc., must be posted on the Call Board at all times. (P) Fire Exits. The Producer must post a diagram of the locations of all fire exits and fire-fighting equipment and a list of proper procedures in case of fire. (Q) Smoking Area. In theatres and rehearsal halls where smoking is permitted, an area shall be designated by the Producer as a smoking area, and smoking shall not be permitted outside said area. There shall be no smoking in dressing rooms except by unanimous consent of the Actors therein. (R) No persons or animals, except those connected with the production, will be permitted in the dressing room area or backstage. (S) Inspection and Compliance. The Producer agrees that Equity's representative shall have the right to inspect the Producer's theatre to determine whether or not the Theatre is in compliance with the Safe and Sanitary requirements set forth in the foregoing rules. Any deficiencies shall be reported in writing to Equity, and the Representative shall furnish the Producer with a copy of such report. Upon receipt of such report, Equity may instruct the Producer, in writing, to correct the deficiencies noted or to give Equity satisfactory assurance that such deficiencies will be promptly corrected. Equity may certify the theatre as unauthorized for rehearsal, for performances, or both, as Equity may determine. Upon such certification and until correction of the deficiencies or the giving of assurances satisfactory to Equity that they will be corrected within a 48 reasonable time, Equity may require its members to refrain from rehearsing and/or performing in the Producer's theatre. 50. SALARIES. (A) Minimum Salaries. Tier X Effective Date 2/25/08 2/23/09 3/1/10 2/28/11 2/27/12 Actor $800 $812 $824 $836 $849 ASM $824 $836 $865 $878 $891 $1,022 $1,037 $1,053 $1,069 $1,085 SM Tier Y Effective Date 2/25/08 2/23/09 3/1/10 2/28/11 2/27/12 Actor $736 $747 $758 $769 $781 ASM $758 $769 $796 $808 $820 SM $923 $936 $951 $965 $979 Tier Z Effective Date 2/25/08 2/23/09 3/1/10 2/28/11 2/27/12 Actor $672 $682 $692 $703 $713 ASM $692 $702 $727 $738 $749 SM $824 $837 $849 $862 $875 Tier zz Effective Date 2/25/08 2/23/09 3/1/10 2/28/11 2/27/12 Actor $529 $529 $537 $537 $545 ASM $545 $545 $564 $564 $572 SM $650 $650 $659 $659 $669 In no instances shall the Stage Manager's minimum salary in any one category exceed the Actor's minimum salary by more than 30%. (B) Extraordinary Risk Payments. When the Actor is called upon to perform "extraordinary risk" he shall receive no less than $10.00 per week above his contractual salary during rehearsal and performance. 49 "Extraordinary Risk" is defined as performing acrobatic feats, suspension from trapezes or wires or like contrivances, the use of or exposure to weapons, fire or pyrotechnic devices, throws and catches, and the taking of dangerous leaps or falls. An Actor also shall be deemed to be engaging in Extraordinary Risk if the staging or choreography requires the Actor to execute movements which depart from the accepted techniques of movement and support as used in contemporary theatre dance; i.e., classical ballet, modern, modern jazz, ethnic, tap and soft shoe. No Actor shall be required to perform any feat or act which places him in imminent danger or is inherently dangerous, nor shall any Actor be required to perform in a costume or upon a set which is inherently dangerous. Equity shall have the sole right to determine what constitutes an inherently dangerous condition and may, at its discretion, order that such condition be removed from the production. Before Equity makes a decision to remove the condition, a representative of Equity (other than a member of the company) shall personally examine the condition and consult with the Producer for the purpose of advising Equity as to such removal. Equity's decision shall in no way reduce the Actor's right to proper insurance coverage under the provisions of this Agreement. (C) Full Salary During Rehearsal. All Actors, Stage Managers and Assistant Stage Managers shall be paid full contractual salary during rehearsals, commencing with the date the Actor, Stage Manager or Assistant Stage Manager is called upon to report. Under no circumstances shall an Actor sign a contract for fewer than two weeks of employment. (D) Cost of Living Increase. (This Paragraph (D) is not applicable for this contract period February 25, 2008 through February 24, 2013.) If the cost of living based on the (revised) Consumers Price Index (U.S. Bureau of Labor Statistics) for November is higher than the cost of living based upon the (revised) Consumers Price Index for the previous November, a corresponding percentage adjustment increase in rehearsal pay and salaries shall be made (at Equity's option), which increase shall be added to all rehearsal pay and minimum salaries, effective on the anniversary date of this Agreement. (E) Pre-Production and Post Production Salary. When a Stage Manager or Assistant Stage Manager is called to perform services in productions either prior to the week before rehearsals begin or after the last production has closed, he shall be paid no less than one-sixth of contractual salary for each day of performing said services, including Principal and/or Chorus Auditions. (F) Additional Duties. The Actor shall not be required to do any additional work without mutual agreement (a contract rider) and an additional negotiated compensation therefore which shall be not less than $15.00 per week. Additional work is defined as work not specified in the Actor's contractual agreement at the time of signing (playing additional parts, understudying, Assistant Stage Managerial functions, etc.), not specified in his contract at the time of signing. (G) Rehearsal Pay. Compensation for rehearsals shall be computed consecutively from the day the Actor is required to report for rehearsal up to the 50 first performance day. (1) Resident Contract for Stock. The Producer agrees to pay the Actor at the rate of rehearsal pay per week as stated in (D) above, except when the Actor is called upon to rehearse four days or less, in such event the compensation may be prorated, and the Actor paid one-seventh for each day of rehearsal or part thereof. If the Actor is called upon to rehearse more than four days, but fails to do so through no fault of the Producer, then said Actor's compensation may also be prorated as above. (2) Stock Jobbing Contract. Where the requirement for a minimum of two weeks of employment has been satisfied (see (C) above), any additional rehearsals may be prorated and the Actor shall be paid oneseventh for each day of such rehearsal or part thereof. (H) Actual Salary. The actual salary of the Actor agreed upon shall be stated in the contract, and a lesser or fictitious salary shall not be so stated. The Producer and the Actor will make no agreement which includes in or deducts from the contractual salary the necessary rehearsal pay or any other sums that are due or may become due the Actor. No contract or rider thereto shall specify two salaries for any week. In the event two salaries are specified, the higher salary shall prevail, and any and all additional payments that are due or may become due, in accordance with Equity Rules, shall be based on the higher salary. (I) Contingent Compensation. No employment contract shall be entered into by the Producer or Actor in which the compensation is wholly contingent upon receipts without the written consent of Equity, which consent will not be unreasonably withheld. In no case shall compensation be contingent upon profits. (J) Salary Payment and Checks. Salaries shall be paid no later than the evening prior to the last banking day of the week. The Producer may pay salaries by check only if facilities are made locally available for cashing said checks at no expense to the Actor, or direct deposit at no expense to the Actor. In any event, no check or draft, either of the Producer or a third party, given to or received by the Actor in payment of any sum under his agreement of employment, shall operate to minimize or affect his claim for salary or other compensation under his agreement. (K) Record of Salary Deductions. Whether salary payments are 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. In addition, should the Producer directly deduct monies from salary for room rent, a receipt will be provided to the Actor. 51 51. SECURITY AND SECURITY AGREEMENT. The Producer shall be ineligible to engage Actors to perform under this Agreement unless and until such Producer shall have furnished security in such amount and in such manner and form as may be satisfactory to Equity to insure the payment of the claims of Actors against such Producer. No Actor shall work or be required to work or continue in the employment of any person or Producer or any company if and when Equity shall be dissatisfied with the quality or amount of any security which may be offered or given or requested by Equity to secure the payment of any claim, present or future, of any Actor. The provisions of any and all agreements relating to security deposited or agreed to be deposited with Equity covering any employment under this Agreement and any contracts of employment are hereby adopted and made part of this Agreement, and said contracts. This includes agreements on forms now called "Bond", "Security Agreement" and "Producer's Statement". 52. SET MOVES (A) An Actor in character may, consistent with that character, set or move scenery or props. (B) An Actor out of character may set or move scenery or props only in scenes in which the Actor enters or exits. (C) Definition of Work Not Permitted Except With The Permission of and Under Terms Satisfactory to Equity. (1) Set or prop moves which are inherently dangerous due to location on stage, weights of the set piece or prop, construction, pyrotechnic or electrical effects, proximity to machinery or simultaneous movement of other scenery or effects shall not be undertaken by the Actor without the express consent of Equity. (2) Set or prop moves or other assignments not customarily undertaken by the Actor which interfere with the normal work of the Actor or for which the Actor may be engaged to the exclusion of work normally assigned to an Actor shall not be undertaken without the express consent of Equity under the terms satisfactory to it. 53. SOCIAL SECURITY AND UNEMPLOYMENT INSURANCE. It is understood and agreed that the Actor is entitled to the benefit of all Federal and state laws constituting what is commonly known and designated as Social Security Acts and Unemployment Insurance, and that the Producer during the term of this Agreement, and all contracts of employment, shall pay any and all taxes or payments required to be paid by employers under the provision of said law. The Producer agrees to provide Social Security benefits under the elective provisions of the Social Security law if he is not required to provide benefits under the law. In the event the services of the Actor are not subject to the 52 compulsory provisions of an Unemployment Compensation (Insurance) Law of any state, then the Producer hereby agrees that he will elect to cover the Actor and pay contribution on the earnings of the Actor under the elective provisions of the Unemployment Insurance law of the state of New York, and/or such other eligible state as Equity may determine to be in the best interests of the majority of the Actors employed by the Producer. In the event, however, the Producer is not eligible to elect to come under the New York state Unemployment Insurance law, and if Equity has not designated another eligible state, then the Producer agrees to elect to come under the Unemployment Compensation (Insurance) law of the state where he has his principal place of business, or of the state of the Actor's residence, or of the state where the contract of employment was entered. The Producer agrees to elect coverage and to pay contributions within the time required by applicable state law. When such election is made to New York State, the Producer agrees to report the Actor by name, Social Security number and by the New York address to the appropriate agency during the first week of the Actor's employment and, in no event, later than the quarter in which the work is performed. The Producer agrees to execute and file the necessary forms required by the state Unemployment Compensation (Insurance) law under which he has elected to cover the Actor and shall notify the Actor of his election. Simultaneously with the posting of security, the Producer shall submit proof, satisfactory to Equity, that he has applied for Unemployment Insurance coverage, and deliver a true copy of his application to Equity. The Producer warrants and represents that he will not withdraw such application, nor modify or change it without the written consent of Equity. In the event any Producer fails to apply for Unemployment Insurance coverage or withdraws or modifies any application for such coverage without the written consent of Equity, or fails to elect coverage within the time required by applicable state law, or fails to pay the required insurance contributions to the appropriate state agencies within the time required, the Producer must pay to the Actor the equivalent of any Unemployment Insurance benefits the Actor may lose as a result thereby. This obligation shall survive the termination of the Actor's contract of employment. Equity may require the Producer to furnish satisfactory evidence that he has obtained and maintained maximum Unemployment Insurance coverage for Actors employed by him in accordance with this rule. If Equity is not so satisfied, it may retain the Producer's Security (bond) as a fund against claims. 54. STAGE FIGHTING. In consideration of the inherent hazards of participation in staged fights, the following regulations shall be followed whenever a production requires an Actor to enact a fight either with or without weapons. The inclusion of music shall not affect the determination of what constitutes a 53 staged fight, and Equity shall have the right of such final determination. The Actor shall participate in stage fighting only upon his consent in a contract rider. Whenever fight action is deemed to be Extraordinary Risk or when five or more combatants are involved in a fight action and when the Fight Director is not available at the theatre to observe all performances, a qualified Fight Captain shall be assigned. Should the person assigned be signed to an Equity contract, the function shall require an additional payment of no less than 2% of the current Tier X minimum salary per week to the Actor so assigned. The Fight Captain shall have the authority to make changes in production elements of the fight or the actual routine of the fight action when such may be required for the safety of the performers. No changes may be made in a fight routine without the agreement of the Fight Director or Fight Captain. All Actors who participate in a fight shall run through the routine before each performance, either at the beginning of the half-hour or, at the option of the Actors involved, during the 15 minutes just prior to the half-hour call. Any change in the time of this rehearsal shall be at the express discretion of the Fight Director or Fight Captain. Performing Actors shall rehearse fights with Understudies. Time shall be allotted for this purpose during the specified rehearsal hours of the production. 55. STAGE MANAGERS. In every company in which an Actor is employed, all Stage Managers and Assistant Stage Managers (ASM’s) shall be signed to the appropriate Equity contract. All rehearsals and performances shall be covered by a freestanding Stage Manager (or Assistant Stage Manager) signed to an Equity contract. All performances must be called by a Stage Manager (or Assistant Stage Manager) on an Equity contract who is unencumbered by any other performance duties. In addition to the Stage Manager, a freestanding Assistant Stage Manager shall be required whenever a theatre has: • A musical production with a chorus in rehearsal or performance; • One show in rehearsal at the same time another show is in performance; • A dramatic or musical production with a cast of 15 or more; • A dramatic or musical production that is technically complex. In Y, Z and zz Theatres, when there is a Stage Manager contracted for each production who has no duties in any other concurrent production, no Assistant Stage Manager shall be required. In instances where the requirements of a performance necessitate both the Stage Manager and the Assistant Stage Managers to be in performance, an Actor/ASM may run a simultaneous rehearsal. 54 An Assistant Stage Manager is the individual who is assigned to assist the Stage Manager(s) on a specific production or productions. An Assistant Stage Manager may not be assigned the primary responsibility for a production, but must be available to the Stage Manager during all rehearsals and performances. (A) Performance by Stage Managers. The Stage Manager shall not act except in an emergency and shall not understudy. A non-required Assistant Stage Manager may be permitted to act whenever and wherever his performance duties do not reduce his ability to effectively perform his Stage Managerial functions. If also performing, the Assistant Stage Manager shall receive no less than $15.00 per week in addition to his weekly contractual salary. (B) Attendance at Performances and Rehearsals. The Stage Manager(s) shall be in attendance in the theatre during all performances. There shall be a Stage Manager or Assistant Stage Manager present at all rehearsals. In the event that for any performance the Stage Manager is not on the premises and no replacement Stage Manager is hired, the Assistant Stage Manager fulfilling all of the duties of the Stage Manager shall receive not less than the minimum salary for Stage Manager for that production for such performance. (C) Pre-Production and Post-Production. No Stage Manager or Assistant Stage Manager shall do work of any nature whatsoever for a Producer without a signed contract (after security has been properly posted with Equity) and he has received instructions from the Producer as to the work. In X and Y Theatres, the Stage Manager shall have no less than three days of pre-production, to be paid at no less than one-seventh of weekly contractual salary per day. In Z and zz Theatres, the Stage Manager shall have no less than two days of pre-production, to be paid at no less than one-seventh of weekly contractual salary per day. The Stage Manager may not be required to travel to the theatre on a required day of pre-production. Should a Stage Manager and/or Assistant Stage Manager, during the time that he is under contract for a CORST production, perform services related to the transfer of that play to another theatre, Stage Manager shall be compensated not less than 1/7th of weekly contractual salary for each day worked, unless the Stage Manager or Assistant Stage Manager is moving with that production. If the Producer requires the Stage Manager or Assistant Stage Manager to prepare a script for publication or for use in any other version of the production, the Stage Manager or Assistant shall be paid no less than one weeks’ contractual salary for each version. When a Stage Manager or Assistant Stage Manager is requested to perform services prior to the pre-production work stated above, or after the season has closed, he shall be paid no less than one-sixth of his contractual salary for each day of performing said services, including services at Principal and Chorus 55 Auditions. (D) Time Off. The Producer shall arrange that the Stage Manager and Assistant Stage Manager shall receive time off equivalent to the Day of Rest required for Actors, or must pay said Stage Manager or Assistant Stage Manager one-fourth of contractual salary in lieu thereof. If any members of the Stage Managerial Staff are in attendance at rehearsals or performances for hours which would have given an Actor overtime had the Actor rehearsed or performed those same hours, said members of the Stage Managerial staff shall receive the overtime compensation that would have been due the Actor. The Stage Managers are permitted to be at all production calls and production meetings, but this shall in no event constitute overtime unless they are required to attend on their meal breaks or Day of Rest. The rest period between the end of work on one day and the beginning of work on the next shall be no less than 11 hours except that, during the 48 hours prior to a first public performance, the rest period shall be no less than 10 hours. Each Stage Manager and Assistant Stage Manager shall have a meal break of no less than one hour, at a reasonable time, during each workday. If the duties of the Stage Manager or Assistant Stage Manager require him to work during the meal break, the Theater shall provide said Stage Manager or Assistant Stage Manager with a meal as described in Rule 40(D), PERFORMANCES. In addition, the Stage Manager or Assistant Stage Manager shall be paid no less than one hour of overtime. (E) Duties and Obligations of a Stage Manager. It is agreed that the Stage Manager's function is a full time one. A Stage Manager under Actor's Equity contract is, or shall be, obligated to perform at least the following duties for the production to which he is engaged, and by performing them is hereby defined as the Stage Manager. The Stage Manager shall: (1) Be responsible for the calling of all rehearsals, whether before or after opening; (2) Assemble and maintain the Prompt Book, which is defined as the accurate playing text and stage business, together with such cue sheets, plots, daily records, etc., as are necessary for the actual technical and artistic operation of the production (it is understood that the annotated Production script is the sole property of the Producer); (3) Work with the Director and the heads of all other departments during rehearsal and after opening; (4) Schedule rehearsal and outside calls in accordance with Equity's regulations; (5) Assume active responsibility for the form and discipline of rehearsal and performance, and be the executive instrument in the technical running of each performance. 56 (6) Maintain the artistic intentions of the Director and the Producer after opening, to the best of his ability. This duty includes calling of the correctional rehearsals of the company when necessary, and the preparation of the Understudies, Replacements, Extras and Supers, when and if the Director and/or Producer declines this prerogative. (7) Keep such records as are necessary to advise the Producer on matters of attendance, time, and other matters relating to the rights of Equity members. (8) Maintain discipline. (See Rule 24, DUTIES OF ACTOR.) disciplinary action may be appealed by the Actor to Equity. Any (F) Activities Prohibited. Stage Managers (and Assistant Stage Managers) must not be required to function in areas which impinge upon their primary duties as a Stage Manager. For example: (1) Stage Managers’ and Assistant Stage Managers’ duties do not include loading or shifting of scenery, designing, building, operating, or shopping for lights, video, sound, scenery, props, wardrobe or animals, and the Stage Manager and Assistant Stage Manager may not be requested to do so. (2) The Stage Manager and Assistant Stage Manager are prohibited from doing janitorial, custodial or building maintenance work as part of their Stage Managerial duties. (3) The Stage Manager and Assistant Stage Manager shall not be responsible for arrangements for living accommodations and are prohibited from participating in the ordering of food for the company. (4) The Stage Manager and Assistant Stage Manager are prohibited from handling contracts, having riders signed, or initialed, operating the Box Office, or any function which normally comes under the duties of a General Manager or Company Manager. (5) The Stage Manager and Assistant Stage Manager are prohibited from signing the closing notice of the company or the individual notice of an Actor on termination of contract. The foregoing are examples only, and are in no way meant to be limiting. (G) It shall not be a condition of employment that the Stage Manager and/or Assistant Stage Manager own a motor vehicle or be a licensed driver or transport members of the company. (H) Equity shall have the power from time to time to re-define the meaning of the word "Stage Manager," and may alter, change or modify the meaning of Stage Manager as hereinabove defined. 57 56. SUBSIDIARY RIGHTS. Should an Equity Code production or any production in which the Actor has executed a subsidiary rights agreement be subsequently produced under this contract within three years of its being done under said Equity Code production, all Actors who appeared in said production shall receive a bona fide offer to perform in the same roles or function for which they were engaged in the Equity Code production, or three weeks’ minimum salary called for under this Agreement in lieu thereof. The foregoing clause is not applicable where the subsequent production under this Agreement is not the first commercial presentation of the play within three years. Should a Producer or any management group or enterprise, corporate or otherwise, which the Producer controls, or in which he has more than a 10% financial interest, present a production and subsequently bring the play to Broadway or take the play on tour under the Production Contract or televise or film the play within three years of the production in his theatre, all Actors engaged in such production must receive a bona fide offer to perform the same roles or functions for which they were engaged for the original production. If such bona fide offer is not made, the Actor, Stage Manager and/or Understudy shall receive four weeks minimum Production Contract salary or the applicable AFTRA or SAG minimum, whichever is higher. 57. TELEVISING, RECORDING AND MOTION PICTURE. (A) There shall be no televising, broadcasting, visual and/or sound recording, motion picture filming, or video taping, in whole or in part, of any production 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 16 weeks after the production has closed. If Equity consents to any motion picture filming, televising, broadcasting, visual and/or sound recording, or video taping, each member of the cast including Stage Managers, shall receive no less than one week's contractual salary in addition to any other fee, payments, terms and conditions negotiated by Equity and the Actor, except that cast albums may be made under the provisions of the original cast album rider. The Producer agrees that any Actor who sings or verbalizes in the production in any number, plus the Stage Manager, shall be employed for the recording of said album and shall receive no less than one week's contractual salary for each day or part thereof. (B) TV Newscast, Three-Minute Excerpt. A film or video tape may be taken of the production to be used exclusively for a TV newscast review of the production or a featured story on the production contained within the TV news program or news magazine format and only under the following conditions: (1) During a Rehearsal: (a) Filming or taping and interview session shall not exceed one-half hour of the rehearsal; 58 (b) The Stage Manager shall file a report with Equity giving the time utilized for the filming or taping and interview session. Said report shall be initialed by the Deputy; (c) Upon contemplation of filming or taping during a rehearsal, the Producer shall make every reasonable effort to give the cast 24 hours' notice; To schedule only three filming or taping sessions, and to have all stations do their filming or taping within those three times; (d) If the time of the filming or taping is changed, the Producer shall notify the cast of such change and of the re-scheduled time. (2) At a Performance: (a) Only one-half hour of film or tape may be shot; (b) If possible, the cast shall be given 24 hours notice; (c) When filming or taping is to be done, the cast must be given notice at half-hour call; (d) There shall be no filming or taping where there is any interference with the Actors (e.g., the requirement for additional lighting or the movement of equipment). (3) No more than three minutes of any filmed or taped portion of the performance or rehearsal shall be shown on the TV news broadcast. Such three minute film or tape must not contain an entire, self-contained number or scene; (4) No payment shall be required provided that no payments are made to any other personnel employed in the production; (5) A Stage Manager under Equity contract is required to be present at every filming or taping under this paragraph (B); (6) For any violation of this paragraph (B), other than violations of unauthorized subsequent uses of the film or tape, the Producer shall pay one week's contractual salary 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 paragraph (B), which the Actor has against the Producer or any third party. (C) The provisions in (B) above will also apply to a radio broadcast. (D) TV or Radio Spot Commercials. Equity will permit the Actor to 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 or 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 or 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 59 the applicable SAG or AFTRA minimum of a Principal (on Camera) to said Stage Managers and/or Dance Captain. (E) Reproduction for Non-Broadcast Public Relations, Fund-Raising, Marketing, or Civic Promotion. Actors performing or rehearsing in a production under the terms of this Agreement may participate, without additional compensation, in the Reproduction of material for use by the Theatre in public relations, fund-raising, marketing, or civic promotion programs under the following terms and conditions: (1) The Actor must be fully advised as to the nature and purpose of such Reproduction. The Stage Manager and/or Deputy shall conduct a vote of the Equity company. A three-quarters majority vote by secret ballot shall be required to permit the Reproduction. The Non-Broadcast Public Relations, Fund-Raising, Marketing or Civic Promotion Acknowledgement Form must be signed by all members of the Equity company as notice that the Actor has been advised of the scheduled Reproduction and its purpose prior to taping. (2) All Reproduction must occur during regularly scheduled and allowed rehearsal or performance hours. (3) An Equity Stage Manager must be present at all Reproduction sessions. (4) All Actors involved must be given notice at least 24 hours prior to each performance or rehearsal that is to be reproduced. (5) The Theatre shall receive no compensation for the exhibition of any material reproduced under the terms of this provision. (6) The Theatre will provide Equity with full particulars of the Reproduction including times and places of exhibition and the names of all companies or organizations involved in the Reproduction or editing of the material, as well as details of the proposed use. (7) The Theatre will provide Equity with the opportunity to view the completed Reproduction. (8) The Theatre will maintain control and ownership of all material reproduced and will ensure that it is used for no commercial purposes whatsoever. (9) Material reproduced under the terms of this provision may constitute up to 25% of the completed Reproduction, if for public relations or fundraising, but in no case more than a total of ten minutes. Such edited footage may not depict an entire scene or musical number. If the Reproduction is to be used for civic promotion programs or for showing at point of purchase locations (e.g., video monitors near a box office), the Reproduction must be no more than three minutes in length. (10) The provisions of this section are not intended to allow Reproduction for the creation of television commercials and may not be used in such commercials. 60 (11) The Theatre may maintain and use Reproduction made under this Rule for a period not to exceed three years, after which the Reproduction shall be transmitted to Equity to be destroyed. (F) Web Sites. Up to a total of 15 minutes of rehearsal and/or performance footage (such footage may not depict an entire scene or musical number or more than three minutes of any production) may be used, without additional compensation, except as expressly provided in this Rule as follows: (1) On web sites of the Theatre; not-for-profit arts and tourism-related agencies of the city, county, state and intra- and inter-state region in which the Theatre is located; local Rotary, Chamber of Commerce and local not-for-profit “booster” organizations; and the Theatre Communications Group, American Arts Alliance, and other not-for-profit Arts service and Arts promotion organizations; provided the Actor shall be fully advised as to all potential users and must give his consent in writing; (2) On web sites of sponsors and/or supporters of the Theatre, provided: (a) The Actor’s likeness is used solely to acknowledge the sponsorship or support and is not in any way used directly or indirectly to endorse the sponsor or a specific product of the sponsor; (b) The footage is on a separate page from any product promotion or advertisement; (c) The Theatre shall receive separate permission from the Actor, specific to the sponsor/supporter web site, which permission shall not be a condition of employment. The Actor shall be fully advised as to the names of sponsors and supporters and the specific web site usage. Permission shall be limited to the specific sponsors named and footage shall not be given later to a different sponsor. Permission shall be granted in each case for no more than two years from the time such permission is granted. The Actor may negotiate a lesser time period. (d) The Theatre shall indemnify the Actor against any breach of an Actor exclusivity clause when such a breach is the result of the use not authorized by this Rule. (3) For all web site usage, neither merchandise promotion nor ticket sale information shall be present on the same “page” as the Reproduction, but may be presented on a separate “page.” However, the “page: containing the Reproduction may indicate how to get to the “page: which does have information about merchandise or tickets. It is understood that there may be no promotion of any other product(s) on the “page: where the Reproduction will be seen without Equity’s prior written consent. If voice-over or other live actor work performance is required, in addition to the permitted performance footage, the applicable AFTRA/SAG Agreements shall apply to such voice-over or other work. 61 Use of footage for any purpose other than specified above is strictly prohibited. For any violation under this Rule, the Actor shall be paid no less than two weeks’ contractual salary in addition to any AFTRA or SAG amounts which may be due. (G) Archival Taping. The Barnstormers, Flat Rock Playhouse, Maine State Music Theatre, Mountain Playhouse, Peninsula Players, Peterborough Players, St. Michael’s Playhouse, Totem Pole Playhouse and Williamstown Theatre Festival shall be permitted to make a reproduction in whole or part of a production produced under the terms of this Agreement at their own Theatre for an archive maintained by the Theatre under the following conditions: (1) REPRODUCTION shall not be loaned out or removed from the Theatre’s premises without the written consent of Actor’s Equity Association. Equity will entertain requests to use such REPRODUCTION for sign language interpreters or interpreters for audio-described performances. (2) REPRODUCTION shall take place only during a regularly schedule performance during the last half of the run. (3) The Actor shall be advised as to the nature and purpose of such REPRODUCTION. The Stage Manager and/or Deputy shall conduct a vote of the Equity company. A ¾ majority vote, by secret ballot, in favor of the REPRODUCTION shall be required to permit the REPRODUCTION. The CORST Archive Rider must be signed by all members of the Equity company as NOTICE that the Actor has been advised of the scheduled REPRODUCTION and its purpose prior to taping. Theatre shall notify Equity, in writing, that a vote was taken, that all members of the company voted in favor of the REPRODUCTION and that all members of the company (including Stage Managerial staff) have signed the rider. The Theatre shall submit a copy of the fully executed CORST Archive Rider to Equity. This shall occur as soon as the date of the REPRODUCTION is known, but in no event shall there be less than 48 hours notice to the Actors. If there is nudity involved in the production, no vote shall be taken without the prior written consent of Actors’ Equity Association. (4) Any rehearsal called to prepare for the REPRODUCTION of the production shall require overtime payment to the Actors called. (5) No person connected with the production shall receive special compensation for the REPRODUCTION. Should any other participating union, such as the Musicians Union or Stage Hands Union, receive compensation for its participation, then these conditions shall no longer apply and each Actor participating in the REPRODUCTION shall be paid at no less than the applicable SAG/AFTRA rate. (6) The Theater shall provide Equity with the opportunity to view the completed REPRODUCTION. 62 (7) The REPRODUCTION may not be used as a rehearsal aid or for promotional purposes. (8) The REPRODUCTION may be viewed by anyone employed or connected artistically with the Theatre and by scholars, teachers and students in and of the visual and performing arts and by Equity members. (9) If, at any time, the Producer no longer operates under this Agreement, all REPRODUCTIONS shall be turned over to Actors' Equity Association or a mutually acceptable archive prior to the release of any bond, which Equity may be holding. (10) If the Theatre wishes to house the archive in a facility not under its direct control, it must petition Equity for consent. (11) The Theatre shall maintain control and ownership of all REPRODUCTIONS and will ensure that they are not used for any commercial purpose whatsoever. The Theater shall also ensure that no copies of the REPRODUCTION are made. (12) Any violation of any part of this Rule 57(G) shall result in a payment of either two weeks contractual salary or $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. 58. TERMINATION. (A) It is the essence of all employment contracts that all notices thereunder, company and individual, must be in writing. Copies of all notices must be filed with or mailed to Equity forthwith by the party (Actor or Producer), giving notice. Full power is reserved to Equity to grant relief from this Rule, where in its opinion, the person or persons to whom notice is given has not or have not been misled or injured. (B) All notices shall be given in writing to the Producer or his designated representative. Notices to the Actor must be given to him personally in writing unless the Producer has procured the address of the Actor, in which case, unless otherwise provided, it may be given by mail or telegram. All communications which refer to the company in general shall be posted on the Callboard. (C) Notice must be given by either party to the other before the Actor leaves the theatre after the first public presentation of each play, or if any play runs two weeks or more, before the Actor leaves the theatre on the first public performance of any subsequent week. (D) Just Cause. No Actor may be discharged except for just cause. If requested by the Actor, the Producer must furnish his reasons for dismissal to the Actor and Equity in writing within two weeks of such request. Equity may then investigate the basis for any discharge. If Equity desires to challenge any discharge, then the matter shall be submitted to arbitration in the manner provided in Rule 3. 63 (E) Individual Termination Before Rehearsals. Resident Contracts for Stock and Stock Jobbing Contracts may, before the beginning of rehearsals, be terminated as follows: (1) By the Actor giving written notice to the Producer at least four weeks prior to the rehearsal date specified in the contract; (2) By the Actor giving written notice to the Producer at least three weeks prior to the rehearsal date specified in the contract and presenting proof of more remunerative employment in the entertainment industry; (3) By the Actor giving written notice to the Producer within the three weeks prior to the rehearsal date and paying him a sum equivalent to one week's salary multiplied by the number of weeks of employment guaranteed on the face of the contract; (4) By the Producer giving written notice to the Actor and paying him a sum equivalent to one week's salary multiplied by the number of weeks of employment guaranteed on the face of the contract. (F) Individual Termination After Opening. (1) Resident Contract for Stock. Either party may (except as herein provided in (G) or (H) of this rule), by giving two weeks’ notice in writing to the other at any time after performances have begun, terminate said contract. Such termination shall be effective at the end of two weeks after notice is given, except in the case of productions running three weeks, when termination cannot be effective until the end of the currently running production. (2) Stock Jobbing Contract. If an Actor is engaged under a Stock Jobbing Contract to perform in a production that is scheduled to run for more than two weeks, either party may terminate the contract by giving two weeks’ notice in writing to the other, but such termination in the case of a production running three weeks will not become effective until the end of such three week period. If the production is scheduled to run for two weeks or less, the contract shall terminate automatically at the end of the run of the production. (G) Extension of Season. Should the stock season be extended by the Producer beyond the originally announced closing date, the Actor, at the Actor's option, may within 36 hours of the announcement of said extension, terminate his contract upon written notice, said termination to coincide with the originally announced closing. Written notice under the above conditions may be less than two weeks. Should the Actor agree to remain at the theatre for the extension of the season, a written agreement so stating shall be executed and a copy filed with Equity. (H) Termination Due to Illness or Accident. When the Actor shall have absented himself from rehearsals and/or performances for seven days by reason of illness or accident not involving "extraordinary risk," the Producer may terminate his contract in writing at the end of said seven days. Equity may, at its discretion, 64 upon appeal of the Producer, reduce this period. (I) Additional Provisions. Actors whose contracts are terminated under the above Sections (G) or (H) shall be entitled to return transportation and payment for all services to date. In addition, Actors whose contracts are terminated under the above Section (H) shall be entitled, if otherwise qualified, to the payments specified in Rule 30, (ILLNESS AND SICK LEAVE). (J) Payment by Actor. If, after opening, the contract is terminated by the Actor (except as provided for in (G) and (H) above) he agrees to pay his own applicable return fare, and to reimburse the Producer for any applicable fare the Producer may have to pay for the Actor's successor up to an amount not exceeding fare from NYC to the point where said successor joins the company, whether for rehearsal or for playing. However, a member shall be liable for the fare of his successor as stated herein only if said member terminates the contract solely for the purpose of fulfilling another engagement or where the employment is terminated during the originally scheduled run of the final production. Anything herein to the contrary notwithstanding, should the Actor give notice of termination of contract at any time after 10 consecutive weeks of employment thereunder from the date of opening, he shall not be liable for his own and/or his successor's return transportation, which shall be paid by the Producer. (K) Payment When Actor is Not Allowed to Work Out Notice. Where notice is given to the Actor, he shall be paid immediately if he is no longer called upon to perform, and he may forthwith accept other employment. (L) Rights After Giving Notice When Actor Secures New Engagement. Should either party give the other any notice permitted under his contract which terminates the same at any future date, and should the Actor have or secure a new engagement, he shall be permitted to attend rehearsals under the new engagement as may be necessary and as do not conflict with his performances under his then existing contract. (M)Additional Payments and When to be Given. If individual notice of termination is given by the Producer, he agrees to pay the Actor in cash the amount of the cost of transportation of the Actor and his baggage back to the place of engagement whether the Actor returns immediately or not. (N) Actor Re-Engaged or Replaced. Should a Producer dismiss or give an Actor notice whereby he terminates his employment, he may not later re-engage him for the same part or replace him with another Actor at a lesser salary than the highest salary in the original contract without the written consent of Equity through its Cuts Board under the same rules and procedure covering "Cuts." 65 59. TRANSPORTATION AND BAGGAGE. (A) Transportation of Actors by Producer. (1) Except as specifically changed or modified herein, the Producer shall, at his own expense, transport the Actor when required to travel from his residence as specified on the face of his contract to the theatre and return. The Producer shall provide such methods of travel to the theatre as are most direct within the public means of transportation available. The preferred method of ground transportation shall be by reserved seat passenger railroad. Where arrival at the destination may be effected by either train or bus travel, train travel shall be used unless Equity authorizes otherwise. (2) The Producer shall furnish the Actor with the necessary tickets or their cash equivalent from place of residence to the theatre at least three days in advance of his departure. The Producer, upon request of the Actor, shall deliver to him his return transportation at least one week before the close of the Actor's engagement. If, in an emergency, it should become impossible for the Producer to comply with the above conditions, the Producer shall reimburse the Actor in the amount equal to the actual sum spent by the Actor for transportation but in no event less than the cost of the transportation as prescribed in (A)(1) above. (3) Reimbursement for tickets and incidental travel expenses shall be made immediately upon arrival in accordance with the travel reimbursement forms supplied by Equity and with proper documentation or receipts by the Actor of such expenses. (4) If an Actor is required to pay for an extra day of lodging because of an early reporting date outside of the regular workweek, the Producer shall be responsible for such extra payment. (5) When travel from the Actor's residence to the theatre location on the same day as the beginning of rehearsals extends that workday beyond eight hours (i.e., combined rehearsal hours and travel), the Actor shall be reimbursed at the prevailing rate for such overtime. (6) When the Actor arrives at the station of the theatre's location at a time specified by the Producer, the Producer shall provide transportation to the Actor's lodgings. If the Actor is not picked up within one-half hour after his arrival, he shall be paid a penalty of $5.00 per half hour of waiting time. (7) Anything in the foregoing to the contrary notwithstanding, the Actor and the Producer may agree in writing as to routes and modes of transportation. In no event, however, shall any such agreement provide for a payment to the Actor of a sum less than the cost of applicable public transportation from the place of residence to the theatre and return, or between theatres as provided in (G). 66 (B) Train Travel. Day coach transportation is limited to 10 hours daily. Night transportation shall include individual Pullman sleeping accommodations, which shall be no less than a roomette, if same is available. Should the Producer present proof satisfactory to Equity that Pullman-sleeping accommodations could not be obtained, the Producer shall pay the Actor the amount equal to the cost of a roomette only, without taxes or other excess charges. Failure to do so shall obligate the Producer to pay the Actor the difference between the total cost of first-class Pullman transportation including a roomette, taxes and other excess charges included, and the amount of coach transportation. (C) Air Travel. The Actor shall not be compelled to travel by air without his consent. In each and every case, it shall be entirely in the determination of the Actor to decide whether he wishes to travel by air or not. Air travel, if consented to by the Actor, must be FAA certified scheduled air lines and not by nonscheduled or private air lines. Scheduled air tourist flights (on FAA certified scheduled air lines) may be substituted for air travel, provided such flights take place during the hours between 8:00 AM and 8:00 PM and are of less than six hours duration, and meals are provided at the Producer's expense. If the Actor consents to travel by air, the Producer agrees to reimburse the Actor for the premium cost of air travel insurance up to the amount of $150,000 purchased by the Actor. Air excursion tickets or group air travel plans may be used only between the hours of 8:00 AM and 8:00 PM. An Actor may not be required to arrive early or stay at the theatre after the conclusion of his engagement in order to take advantage of excursion or group rates. If delay en route in air travel occurs, all expenses incurred by the Actor due to such delay and for which the airline is not responsible shall be reimbursed to the Actor by the Producer. The Producer shall designate that the Actor's baggage be transported either by airfreight or air excess baggage. If the Producer designates airfreight, the Actor shall be given at least 24 hours notice thereof, so as to arrange for such transportation. The cost of baggage transportation, not to exceed 300 pounds, will be borne by the Producer. (D) Automobile Travel. If an Actor uses his own car or rides with another Actor in transporting himself inter-city for his engagement, he shall receive a sum equivalent to the cost of the applicable public transportation from the place of engagement to the theatre and return, or between theatres as provided in (G). (E) Bus Transportation. Bus travel shall be by public carrier duly licensed to carry passengers by interstate or intrastate commission. Such travel shall be between the hours of 8:00 AM and 8:00 PM. Buses shall be air-conditioned and provide the maximum comfort to the Actor. All chartered bus travel shall be subject to the following conditions: (1) A chartered commercial bus may be used to travel the entire cast between theatres. 67 (2) The Producer agrees that a chartered bus shall be equal in comfort, condition and safety to those used by first class long distance bus companies. (3) A bus call shall have the same force and effect as a train call and shall not exceed one-half hour prior to scheduled departure. (4) The Actor shall be prompt for such calls. If an Actor is responsible for a delay at any time, such delay shall not be counted as part of travel time. (5) There shall be a minimum of one 10-minute comfort stop during each two hours of travel unless there are lavatory facilities on the bus. (6) Within the first four-hour travel period, there shall be a meal stop of not less than one hour. After the first stop, meal stops shall occur at reasonable intervals. If, however, the trip does not commence until after 12 Noon, the first meal stop need not occur for five hours. (7) The rest period prior to a bus call shall be 10 hours. If the full rest period is not given, the Actor shall receive the night transportation payment of $30. (8) Bus Travel shall not exceed seven hours from the scheduled departure. Travel time shall commence and be computed from the time the bus is scheduled to leave and upon the arrival of the bus at the theatre. If departure is delayed more than one-half hour, the Actors shall be paid $10.00 per hour or part thereof of delay. (9) If night bus travel after an evening performance is required, the Actor shall be paid $30.00 for such travel by the Producer of the theatre of arrival. (F) Rest Period After Arrival. If the Actor has had another engagement in the same play or part during the week immediately preceding the opening of the play, he shall not be required to rehearse or perform until two hours after his arrival at his lodgings. (G) Packages and Consecutive Jobbing Contracts. Where the Actor has been playing a previous consecutive engagement, all tickets or their cash equivalent covering transportation from one theatre to another must be in the Actor's possession at least three days prior to his leaving for his next engagement. In addition, all travel arrangements between theatres shall be made by the Producer of the theatre at which the Actor has his next engagement. It shall be the obligation of this Producer to pay the entire cost of transportation between theatres unless the distance is greater than the distance from New York City or place of engagement to his theatre. In this event, the Producer of the theatre at which the Actor is currently engaged shall be responsible to pay the equivalent of the cost of transportation from that theatre to New York City or place of engagement, and the Producer of the theatre at which the Actor has his next engagement shall be obligated for all additional costs. Should the Producer fail to send tickets or transportation monies in advance, the Producer of the theatre 68 at which the Actor is currently engaged may furnish the Actor with the full cost of transportation to his next engagement, or he shall provide the Actor with return transportation to his place of residence or place of engagement, and the Actor shall not be obligated to continue on to the next theatre. (H) Baggage. The Actor shall be responsible for transporting his personal hand baggage to and from the station in his place of residence and the Producer shall reimburse the Actor in full for all reasonable expenses incurred, as set forth by the Actor on a form which shall be provided by Equity for this purpose. In addition, the Producer, if the Actor is signed to a Resident Contract For Stock, shall reimburse the Actor for transportation of the Actor's trunk and/or baggage up to 300 pounds from his place of residence (including pick up from within his living quarters) to his lodging in the vicinity of the theatre and, upon termination of the engagement, for return to his place of residence (including delivery to within his living quarters). Receipts for such transportation costs must be presented. 60. UNION EMBLEM. The Producer hereby agrees to promulgate the fact that he operates a professional theatre employing Actors' Equity Association members by displaying in the lobby of his theatre a small plaque, supplied by Equity, by inserting the following line in the program: “___________ Theatre is a professional theatre employing members of Actors' Equity Association, the union of professional Actors and Stage Managers in the United States”, and by printing in the program the biographical history of Actors' Equity Association, appended to this Agreement [see Rule 44(A)]. 61. UNION SECURITY/DUES AND INITIATION FEES. (A) All Actors, except non-professionals as provided herein, who are members of Equity shall, as a condition of employment, continue to be members of the Union in good standing for the life of this Agreement. All employees who are not now members of the Union shall, as a condition of employment, become members of the Union within 31 days following the signing of this Agreement and shall thereafter remain members of the Union in good standing as a condition of continued employment. All new employees shall, as a condition of employment, become members of the Union 31 days from the date of the commencement of their employment and shall thereafter continue to be members of the Union in good standing as a condition of continued employment. As defined and applied in this Rule, the phrase "member of the Union in good standing" means a person who pays initiation fees and dues (or the monetary equivalent thereof) to the Union as financial obligations in accordance with the requirements of the National Labor Relations Act. (B) The Producer shall deduct from the salary of every employee who is or may become a member of Equity, union dues and initiation fees on demand of Equity, provided that the Producer receives from Equity a proper authorization, agreed to and signed by the employee authorizing such deductions. 69 (C) Any monies so deducted shall be delivered to Equity not later than 10 days following the date on which the deductions are made. 62. VACATIONS. The Actor shall accrue one day of vacation pay for each six consecutive weeks of employment within a given season. However, the Actor shall not be eligible for vacation or vacation pay unless he has been employed at least 12 weeks. The Producer may direct the time the Actor is to take his vacation provided that he gives the Actor two weeks advance notice and that the Actor is entitled to take all of his accrued vacation days. If the Actor requests to take his vacation at his convenience and the Producer agrees, vacation may be taken in days. If the Actor is unable to take his vacation, he shall receive his accrued vacation pay as severance pay. Vacation pay shall accrue at the rate of one-sixth of weekly contractual salary per vacation day. 63. VOLUNTARY CLASSES. All members of the company are prohibited from attending so-called voluntary classes or rehearsals. The Producer shall neither request nor permit his representatives to request the Actor to participate in such classes, or rehearsals. 64. VOTING. (A) Equity cast meetings called by the Deputy or the Stage Manager to vote on working conditions or concessions may only be held with the prior consent of Equity. At such meetings, neither the Producer nor the Producer's representative (whether or not on an Equity contract) shall be present other than to explain the Producer's position. Any action proposed or approved at such a meeting shall not be binding without the written approval of Equity. (B) All votes at such a meeting shall be by secret ballot. (C) The determination of Equity as to any issue arising under the above provisions shall be final and binding upon the Producer and each Actor. (D) In this Agreement, the only specified cast vote is for rehearsal meal breaks duration for which a two-thirds vote is required. [See Rule 47(B)(1).] (E) Juvenile Actors must be given the opportunity to vote in all cast votes. The guardians of such Juvenile Actors may be present at all discussions prior to such votes. 70 The following is a list of the members of the Council of Resident Stock Theatres as of the effective date of this Agreement: COUNCIL OF RESIDENT STOCK THEATRES THEATRE PRODUCER Barnstormers Robert Shea Tamworth, NH Flat Rock Playhouse Robin Farquhar Flat Rock, NC Maine State Music Theatre Steven C. Peterson Brunswick, ME Mountain Playhouse Teresa Stoughton Marafino Jennerstown, PA Mary Louise Stoughton Peninsula Players Greg Vinkler Fish Creek, WI Peterborough Players Keith Stevens Peterborough, NH Gus Kaikkonen St. Michael's Playhouse Chuck Tobin Colchester, VT Totem Pole Playhouse Carl Shurr Fayettville, PA Williamstown Theatre Festival Nicholas Martin Williamstown, MA 72 ADDENDUM C.O.R.S.T. CLOTHING RENTAL SCHEDULE FOOTWEAR: Boots, Sneakers, Dress, Casual ................................................................................ $2.50 Dance Shoes: Professional jazz shoes ...................................................................................... $5.00 Character Shoes ................................................................................................. $5.00 Tap shoes ........................................................................................................... $5.00 Boots................................................................................................................... $5.00 Pointe shoes must be provided new by the Producer. ENSEMBLE: (Men) Suit, Shirt, Tie, Shoes, Socks, Hat................................................................. $15.00 (Woman) Suit or Dress, Blouse or Dickey, Stockings, Gloves, Purse and Hat........ $15.00 SUIT. ........................................................................................................................ $10.00 SPORTSWEAR & LINENS: Shorts, Sweaters, Jogging Suits, Bathing Suits, Sport Shirts, T-Shirts, Jeans, Shirt, Blouse, Dress, Shirt, Vest .......................................................................................... $2.00 COAT: Overcoats, Topcoats, Raincoats, Parkas, Winter, Sport Coat ...................... $3.50 NIGHTWEAR: Pajamas, Nightgowns, Housecoats, Robes, Smoking Jackets, Bathrobes, Dressing Gowns......................................................................................................…$2.00 EVENING WEAR: Tuxedos, Tails, Evening Gowns, Furs, (and all accessories) .................................. $15.00 WIGS.......................................................................................................................... $5.00 DANCE WEAR: Leotards, Tights, Briefs.................................................................... $2.00 DRESS....................................................................................................................... $5.00 SLACKS. .................................................................................................................... $3.00 MISC: Socks, Neckties, Stockings, Hats, etc............................................................. $1.00 PROPERTIES: Eyeglasses, Suitcases, Umbrella, Canes, Camera, Sports Equipment, Attaché Case, etc ........................................................................ $2.00 THE ABOVE ARE WEEKLY AMOUNTS 73 Heading and Rule Number Page No. INDEX -AAccident; Insurance 31.................................................................................................... 28 Accident; Performances Lost 41 .................................................................................... .38 ACCOMPANIST Chorus Audition 4(B)(2)(g), 4(B)(2)(l).................................................................... 7 Principal Audition 4(A)(2)(a), (h)............................................................................ 4 Act of God; Performance Lost 41(A) ............................................................................... 38 ACTOR Definition 20(A).................................................................................................... 17 Duties 24 ............................................................................................................. 21 Exclusive Service 27 ........................................................................................... 24 Obligation to Equity 1 ............................................................................................ 1 Salary 50(A) ........................................................................................................ 49 Additional Duties, Payment for 50(F) .............................................................................. 50 Affirmative Action 25 ....................................................................................................... 21 AFL-CIO 1(B) ................................................................................................................... 1 AGENTS 2 ................................................................................................................... 1 As Casting Consultants or Packagers 2(C)........................................................... 2 Commissions 2(B) ................................................................................................. 1 For Chorus 2(D) .................................................................................................... 2 Franchised 2(A)..................................................................................................... 1 Air Conditioning 49(A) ..................................................................................................... 45 Air Travel 59(C), ............................................................................................................. 67 Aisle Lights 49(F) ............................................................................................................ 46 Aisles Ramped 49(E) ...................................................................................................... 46 Alleys to Stage Doors 49(A)............................................................................................ 45 Animals Backstage 49(R)................................................................................................ 48 Announcement; of Changes in Cast 9 .............................................................................. 9 Arbitration 3, 15(A) ...................................................................................................... 2, 14 ASSISTANT STAGE MANAGER Definition 55 ........................................................................................................ 54 Duties 55 ............................................................................................................. 54 Permitted to Act 55(A) ........................................................................................ 55 Requirement for 55.............................................................................................. 54 Salary 50(A), (C), (E) .................................................................................... 49, 50 Script Preparation 55(C)...................................................................................... 55 Service Regarding Transfers of Production 55(C) .............................................. 55 Associated Actors & Artistes of America 1(B) .................................................................. 1 AUDITIONS 4 ................................................................................................................... 4 Accompanist 4(A)(2)(h), 4(B)(2)(l) .................................................................... 5, 7 At Theatre Location 4(A)(2)(l)................................................................................ 5 Casting Authorities Required 4(A)(2)(i), 4(B)(2)(d)............................................ 5, 6 Chorus 4(B) ........................................................................................................... 5 Dance Surfaces 4(C)(1)(e) ................................................................................... 7 Equal Employment Opportunity 25...................................................................... 21 For Actors with Disabilities 25(E) ........................................................................ 23 Liability Insurance 4(C)(2) ..................................................................................... 7 Location of 4(A)(2)(c), 4(B)(2)(a) ...................................................................... 4, 6 i Heading and Rule Number Page No. Number Required 4(A)(2)(a), 4(B)(2)(h)............................................................ 4, 6 Principals 4(A)(1), (2) ........................................................................................ 4, 4 Records 25(C). .................................................................................................... 22 Safe and Sanitary Code 4(C)(1)............................................................................ 7 Automobile Transportation 59(D) .................................................................................... 67 -BBaggage 59(C), (H)................................................................................................... 67, 69 Beards, Mustaches 13(A), (H) .................................................................................. 11, 13 Benefits 26(A) ................................................................................................................. 23 Billing (Breach) 44(C)...................................................................................................... 40 Binding Effect of Agreement 5 .......................................................................................... 7 Blacklisting 6 ................................................................................................................... 8 Bond 51 ...................................................................................................................... 52 Breaches by Producer 7, 15(F) ................................................................................... 8,15 BREAKS (See also REST PERIODS) Before Performance 47(B)(2) .............................................................................. 42 Between Performances 40(D) ............................................................................. 37 In Musicals 35(F) ................................................................................................ 32 Rehearsal 47(B)(1), (3) ....................................................................................... 42 Broadcasting 57(A), (C), (D) ..................................................................................... 58, 59 Brush-Up Rehearsal 47(E)(1), (3) ................................................................................... 43 Bus Transportation 59(E) ................................................................................................ 67 -CCallboard 8. ................................................................................................................... 9 Cast Listing, In the Theatre Programs 44(D) .................................................................. 40 Cast Listing, Programs 44(A), (B) ................................................................................... 39 Cast Votes 64 ................................................................................................................. 70 Casting Consultants; Agents 2(C)..................................................................................... 2 Changes in Cast 9............................................................................................................. 9 Checks 50(J) ................................................................................................................. 51 CHILDREN In Cast Vote 64(E) .............................................................................................. 70 Information for Parents29(A)(6)........................................................................... 26 Supervision at Theatre 32 ................................................................................... 28 Choreographers At Auditions 4(A)(2)(i), 4(B)(2)(d), .................................................................... 5, 6 CHORUS 10 ................................................................................................................. 10 Additional Assignment Compensation 10(B)....................................................... 10 Agents 2(D) ......................................................................................................... 2 Auditions 4(B)........................................................................................................ 5 Costumes and Make-up 13 ................................................................................. 11 Dance Captain 17................................................................................................ 15 Day of Rest and Rest Periods 18, 35(F), 47(B) ........................................ 16,32,42 Definition 20 ...................................................................................................... 17 Deputies 21 ....................................................................................................... 20 In Resident Company 20(C)(1) ........................................................................... 17 Minimum Number of Contracts 10(A), 35(A)(2), 35(G) ........................... 10, 29, 32 Non-professionals 35(D) ..................................................................................... 32 ii Heading and Rule Number Page No. Parts Breakdown 10(A) ....................................................................................... 10 Playing a Role or Part 10(B)(1) ........................................................................... 10 Shoes 13(E) ...................................................................................................... 13 Solo or Specialty 10(B)(1) ................................................................................... 10 Transportation of Replacement 58(J).................................................................. 65 CLAIMS 11 ................................................................................................................. 11 Time Limit in Lodging 11(B) ................................................................................ 11 Waiver or Release 11(A) ..................................................................................... 11 Classes, Voluntary 63 ..................................................................................................... 70 Cleaning of Costumes 13(C)........................................................................................... 12 Closing Notice 12(A) ....................................................................................................... 11 Closing Season 12 .......................................................................................................... 11 CLOTHING AND COSTUMES 13................................................................................... 11 Cleaning and Upkeep 13(C)................................................................................ 12 Costume Fittings 13(D) ....................................................................................... 12 Footwear 13(A), (B), (E) ................................................................................ 11, 13 Liability for Damage or Loss 13(C), 45.......................................................... 12, 41 Rental 13(B) ........................................................................................................ 12 Rental; Minimum Charges................................................................................... 63 Rider for use of Actor's Clothing 13(B), 13(E)(3) .......................................... 12, 13 To Be Furnished by Producer 13(A).................................................................... 11 Commercial for Theater or Show 57(D) .......................................................................... 59 COMMISSIONS Agents 2(B) ........................................................................................................... 1 On Chorus Contracts 2(D)..................................................................................... 2 On Minimum 2(D), ................................................................................................. 2 Concessions Posted 4(A)(2)(k) ......................................................................................... 5 CONSECUTIVE JOBBING CONTRACTS In Package Tour 20(H) ........................................................................................ 19 Rehearsals 47(E)(4) ............................................................................................ 43 Transportation 59(G) ........................................................................................... 68 Contingent Compensation 50(I) ...................................................................................... 51 Continuous Employment 14 ............................................................................................ 14 CONTRACTS 15............................................................................................................. 14 As Cast 15(B) ...................................................................................................... 14 Attempted Breach 15(F) ...................................................................................... 15 Changes and Alterations 15(A) ........................................................................... 14 Emergency 15(D) ................................................................................................ 14 File with Equity 15(E) .......................................................................................... 15 Laws Governing 33 ............................................................................................. 29 Quadruplicate Copy 15(E)................................................................................... 15 Resident Contract for Stock 20(C)(1) .................................................................. 17 Riders 15(A) ........................................................................................................ 14 Signing of 15(C) .................................................................................................. 14 Stock Jobbing 20(G)............................................................................................ 19 Use of Chorus Contract 35(A)(2) ........................................................................ 29 Cost of Living 50(D) ........................................................................................................ 50 Costumes (See CLOTHING AND COSTUMES) 13........................................................ 11 Cots 49(K) .................................................................................................................... 48 Council of Resident Stock Theatres............................................................................... 62 iii Heading and Rule Number Page No. Council Powers 26(D) ..................................................................................................... 24 Cross-Contractual Production 16 .................................................................................... 15 -DDance Captain 17 ........................................................................................................... 15 Dance Shoes 13(E)(2) .................................................................................................... 13 Dancers; Auditions 4(B)(2)(f), (g) ...................................................................................... 6 Dancing Surfaces 4(C)(1)(e), 49(H)(1)........................................................................ 7, 47 DAY OF REST AND REST PERIODS 18....................................................................... 16 Between Performances 40(D) ............................................................................. 37 Changes 18(B) .................................................................................................... 16 Definition 18(A)(1) ............................................................................................... 16 During Performance Weeks 18(A)(3) .................................................................. 16 During Rehearsal 18(A)(2),47(B) .................................................................. 16, 42 Stage Managers 55(D) ........................................................................................ 56 DAY OFF, FULL Definition 18(A)(1) ............................................................................................... 16 During Performance Weeks 18(A)(3) .................................................................. 16 During Rehearsal 18(A)(2) .................................................................................. 16 Defaulting Employers 19 ................................................................................................. 16 DEFINITIONS 2017 Actor 20(A) .......................................................................................................... 17 Additional Duties 50(F)........................................................................................ 50 Categories 20(C)(2) ............................................................................................ 18 Chorus 20(A)(2)................................................................................................... 17 Day of Rest 18(A)(1) ........................................................................................... 16 Day Off, Full 18(A)(1) .......................................................................................... 16 Extraordinary Risk 50(B) ..................................................................................... 49 Local Jobber 37(F) .............................................................................................. 35 Loss of Stock Theater Status, Effect of 20(D) ..................................................... 19 Membership Candidate 37(E) ............................................................................. 34 Non-Resident Companies 20(C)(3)..................................................................... 18 Package 20(H) .................................................................................................... 19 Principal Actor 20(A)(1) ....................................................................................... 17 Resident Company 20(C)(1) ............................................................................... 17 Resident Contract for Stock 20(F)....................................................................... 19 Stock Jobbing Contract 20(G) ............................................................................. 19 Stock Theater 20(C) ............................................................................................ 17 Unit Attraction 20(E) ............................................................................................ 19 DEPUTIES 21 ................................................................................................................. 20 Calling Cast Meetings 64(A)................................................................................ 70 Dismissal of 23 .................................................................................................... 20 Election 21........................................................................................................... 20 Requirement for 21.............................................................................................. 20 Directors At Auditions 4(A)(2)(i) ........................................................................................ 5 DISCRIMINATION Against Deputy 23 ............................................................................................... 20 For Race, Color, Creed, etc. 25(A), 22.......................................................... 21, 20 For Union Activity 23 ........................................................................................... 20 iv Heading and Rule Number Page No. DRESS/ TECH REHEARSAL Before First Public Performance 47(D)(2) ........................................................... 43 Rest Period During 47(B)(3)................................................................................ 43 Dressing Room – Safekeeping Facility 45 ...................................................................... 41 Dressing Rooms; Safe and Sanitary 49(A) ..................................................................... 45 Drinking Water 4(C)(1)(g), 49(N)................................................................................. 7, 48 Dues and Initiation 61 ..................................................................................................... 69 Duration of Agreement .................................................................................................... 61 Duties of the Actor 24...................................................................................................... 21 -EEmployment, Continuous 14 ........................................................................................... 14 Equal Employment Opportunity 25 ................................................................................. 21 Equity-League Health Trust Fund 28 .............................................................................. 25 Equity-League Pension Trust Fund 39............................................................................ 36 EQUITY Council 26 ........................................................................................................... 23 Determination of Classification 26(F) .................................................................. 24 Dues and Initiation Fees 61................................................................................. 69 Meetings 26(B) .................................................................................................... 23 Power to Act for Actor 26(C) ............................................................................... 23 Representatives 26(E)......................................................................................... 24 Evidence of Equity Membership 61................................................................................. 69 Exclusive Service of Actor 27.......................................................................................... 24 Extension of Season 58(G) ............................................................................................. 64 Extra Performance; Payment 40(C) ................................................................................ 36 EXTRAORDINARY RISK Definition 50(B).................................................................................................... 49 Determination by Equity 50(B) ............................................................................ 49 Payment 50(B) .................................................................................................... 49 -FFight Captain 54.............................................................................................................. 53 Filming for TV News 57(B) .............................................................................................. 58 Filming of Play 57(A)....................................................................................................... 58 Fire Exits 49(P) ............................................................................................................... 48 First Aid Kits 49(L)........................................................................................................... 48 Five-Minute Breaks 47(B)(3) ........................................................................................... 43 Floors for Dancing 49(H)................................................................................................. 47 Fluorescent Lighting 49(A) .............................................................................................. 45 Four A’s 1(B) ................................................................................................................... 1 Full Day Off 18(A)(1), (2), (3) .......................................................................................... 16 -GGuide Lights 49(F) .......................................................................................................... 46 -HHair Color, Change of 13(G) ........................................................................................... 13 Hairpieces and Wigs 13(A) ............................................................................................. 11 Hair Style, Change of 13(H) ............................................................................................ 13 v Heading and Rule Number Page No. Hazard Pay (See Extraordinary Risk) Hospitalization and Medical Coverage 28....................................................................... 25 Heat in Dressing Rooms 49(A) ....................................................................................... 45 HOUSING Change of Lodging 29(A)(8)................................................................................ 27 Cost Limitation 29(A)(1) ...................................................................................... 25 Equipment to be Provided 29(A)(7)..................................................................... 27 Lists 29(A)(3)....................................................................................................... 26 Pets 29(A)(9) ....................................................................................................... 27 Relatives 29(A)(9) ............................................................................................... 27 Security Deposit 29(A)(7) .................................................................................... 27 Sharing a Room 29(A)(2) .................................................................................... 26 Transportation to 29(B) ....................................................................................... 27 House Boards; 44(D) ...................................................................................................... 40 -IIllegal Rules 33................................................................................................................ 29 Illness and Sick Leave 30 ............................................................................................... 28 Illness; Cause for Termination 58(H) .............................................................................. 64 Information for Parents 29(A)(6) .................................................................................... 26 Initiation Fees 61............................................................................................................. 69 Injury and SWC Insurance 31 ......................................................................................... 28 Inspection; Safe and Sanitary 49(S) ............................................................................... 48 INSURANCE Air Travel 59(C) ................................................................................................... 67 Hospitalization and Medical 28............................................................................ 25 Liability at Auditions 4(C)(2) .................................................................................. 7 Personal Property 45........................................................................................... 41 Salary Continuance 28(B) ................................................................................... 25 Social Security and Unemployment 53 ............................................................... 52 Supplemental Workers’ Compensation 28(B) ..................................................... 25 Worker's Compensation 0 ................................................................................... 28 Intercom System 49(M)................................................................................................... 48 Intermission 40(G) ....................................................................................................... 38 -JJewelry; Lost or Stolen 45............................................................................................... 41 Jobbing Contract; Definition 20(G).................................................................................. 19 JUVENILE ACTORS 32 .................................................................................................. 29 -KKnee and Elbow Pads 13(A) ........................................................................................... 11 -LLateness 24(B)(8) ........................................................................................................... 21 Lavatory and Toilet Facilities 49(B)................................................................................. 45 Laws Governing Contracts 33......................................................................................... 29 Liability Insurance, Auditions 4(C)(2) ................................................................................ 7 Local Jobbers 37(F) ........................................................................................................ 35 vi Heading and Rule Number Page No. LOCAL TRANSPORTATION After Show Escort 29(B)(1) ................................................................................. 27 After Sunset 29(B)(1) ......................................................................................... 27 On Arrival 29(B)(5) .............................................................................................. 28 To Meals 29(B)(2) ............................................................................................... 28 To Performance and Rehearsal 29(B)(1), 29(C) ........................................... 27, 28 To Shopping Facilities 29(B)(3) .......................................................................... 28 Waiver of Local Transportation 29(B)(4) ............................................................ 28 Lockouts 36(B) ................................................................................................................ 33 Lodging (See Housing) Loss of Stock Theater Status 20(D) ................................................................................ 19 Lost Performances 41 ..................................................................................................... 38 Lost Property 45.............................................................................................................. 41 Luggage 59(H) ................................................................................................................ 69 -MMake-Up 13(F) ................................................................................................................ 13 MATINEE DAY Performance Time 40(C)(2) ................................................................................ 37 Rehearsal 47(E)(1).............................................................................................. 43 MEALS Between Performances 40(D) ............................................................................. 37 During Travel 59(E)(6)......................................................................................... 68 Transportation to 29(B)(2) ................................................................................... 28 Medical Coverage 28 ...................................................................................................... 25 Meetings; Equity 26(B).................................................................................................... 23 Membership Candidates 37(E) ....................................................................................... 34 Military Service 34........................................................................................................... 29 Minimum Salaries 50(A).................................................................................................. 49 Motion Picture for TV News 57(B)................................................................................... 58 Motion Picture of Production 57(A) ................................................................................. 58 Musicals, Special Provisions 35...................................................................................... 29 -NNews Telecast 57(B)....................................................................................................... 58 Night Travel 59(B), (C), 59(E)(7), (9) ........................................................................ 67, 68 No Lockouts or Strikes 36(B) .......................................................................................... 33 NON-PROFESSIONALS 37............................................................................................ 33 Affidavits 37(B) .................................................................................................... 33 Eligibility 37(G) .................................................................................................... 35 Equity Membership Candidate Program 37(E).................................................... 34 In Chorus 35(D), 37(A) .................................................................................. 32, 33 In Principal Roles 35(C), 37(A)...................................................................... 30, 33 Local Jobbers 37(F) ............................................................................................ 35 Membership Candidates 37(E)............................................................................ 34 Partnering 35(D).................................................................................................. 32 Travel 37(H) ........................................................................................................ 35 Use in Production (Ratio Tables) 37(C) .............................................................. 33 Violation 37(I) ..................................................................................................... 35 Non-Resident Company; Definition 20(C)(3) .................................................................. 18 vii Heading and Rule Number Page No. Non-Traditional Casting 25(B)......................................................................................... 22 NOTICE Closing Season 12 .............................................................................................. 11 Termination of Employment Contracts 58 ........................................................... 63 Nudity 38 ...... ................................................................................................................. 36 Number of Performances 40(A) ...................................................................................... 36 -OObligation of Actors to Equity 1......................................................................................... 1 Oral Interpretations 26(C)(2) ........................................................................................... 23 OVERTIME Performances 40(F) ............................................................................................ 37 Rate 40(F), 47(C) .......................................................................................... 37, 43 Rehearsal 47(B)(3), (C)....................................................................................... 43 Stage Managers 55(D) ........................................................................................ 56 Travel 59(A)(5) .................................................................................................... 66 -PPackages Definition 20(H) .............................................................................................. 19 Pension Fund 39 ............................................................................................................. 36 Per Diem for Canceled Performance 41(B) .................................................................... 38 PERFORMANCES Announcements 44(B), (E)............................................................................ 40, 40 Additional; Rate of Pay 40(C).............................................................................. 36 Extra Performances 40(C)................................................................................... 36 For School Groups 40(C)(2)................................................................................ 37 Intermissions During 40(G) ................................................................................. 38 Length of Performances and Overtime 40(F)...................................................... 37 Lost 41................................................................................................................. 38 Meal Between 40(D)............................................................................................ 37 Number of 40(A).................................................................................................. 36 Place of 40(E)...................................................................................................... 37 Rest Between 40(D) ............................................................................................ 37 Televising of 57(A), 57(B)(2) ......................................................................... 58, 59 Transportation to 29(B)(1) ................................................................................... 27 PERFORMERS WITH DISABILITIES Affirmative Action 25(B)....................................................................................... 22 Auditions 25(E).................................................................................................... 23 Housing 29(A)(4) ................................................................................................. 25 Personal Appearances 42(B) .......................................................................................... 39 Personal Property 45 ...................................................................................................... 41 Pets Housing 29(A)(9)..................................................................................................... 27 Photographs and Publicity 42 ......................................................................................... 38 Picture Call 42(A) ............................................................................................................ 38 Pointe Shoes 13(E)(2)..................................................................................................... 13 Pre-Production, Stage Managers 55(C).......................................................................... 55 Principal Actor; Definition 20(A)(1).................................................................................. 17 Principal Auditions 4(A)..................................................................................................... 4 Production Prosecuted 43............................................................................................... 39 Programs and Announcements 44(A), 44(E) ............................................................ 39, 40 viii Heading and Rule Number Page No. Programs; Errors or Omissions 44(B) ............................................................................. 40 Prompt Book; Definition 55(E)(2) .................................................................................... 56 Property; Lost or Stolen 45 ............................................................................................. 41 Properties for Use in a Production 13(A). ....................................................................... 11 Pro-rating Salary When Permitted 50(G) ........................................................................ 51 Publicity 42 ................................................................................................................. 38 -RRadio Broadcasting 57(A), (C), (D) .......................................................................... 58, 59 Railroad Transportation 59(B)......................................................................................... 67 Ramps 49(E) ................................................................................................................. 46 Raked Stage 49(G). ........................................................................................................ 46 Ratio, Non-Professionals 35(C), (D), 37(C) ........................................................ 30, 32, 33 Reading Play, Rehearsal 47(A)(2) .................................................................................. 42 Record of Salary Deductions 50(K)................................................................................. 51 Recording 57(A) .............................................................................................................. 58 Recordings for Use in Production 46 .............................................................................. 41 REHEARSALS 47 ........................................................................................................... 42 Additional 47(A)(6), 47(E)(4) ......................................................................... 42, 43 After Giving Notice 58(L) ..................................................................................... 65 After Half-Hour Call 47(B)(2), 54 ................................................................... 42, 53 After Opening 47(E) ............................................................................................ 43 After Performance 47(A)(3) ................................................................................. 42 Before Opening 47(D) ......................................................................................... 43 Beginning of 47(A)(1), (2).................................................................................... 42 Breaks and Rest Periods 47(B)........................................................................... 42 Brush-Up 47(E)(3) ............................................................................................... 43 Consecutive Jobbing Contracts 47(E)(4) ............................................................ 43 Continuous 47(A)(1) ............................................................................................ 42 Costume Fitting Time Allowed 47(A)(4) .............................................................. 42 Full Day Off During 18(A)(2)................................................................................ 16 Hours 47(D), (E) .................................................................................................. 43 Matinee Day 47(E)(1) .......................................................................................... 43 New Production 47(E)(4)..................................................................................... 43 Notice on Callboard 8(H), 47(A)(5).................................................................. 9, 42 On Daylight Day of Rest 47(E)(2)........................................................................ 43 One-Performance Day 47(E)(1) .......................................................................... 43 Overtime 47(C).................................................................................................... 43 Pay 50(G), (H) ..................................................................................................... 50 Pay; for Stage Managers, and ASM 50(A), (C), (F), (G) ............................... 49, 50 Pay; Pro-Rated 50(G).......................................................................................... 50 Prior to Opening 47(D) ........................................................................................ 43 Reading of Play 47(A)(2)..................................................................................... 42 Replacement 47(E)(3) ......................................................................................... 43 Rest Periods 55(D).............................................................................................. 56 Space; Safe and Sanitary Requirements 49(C) .................................................. 46 Subsequent Production 47(E)(4)......................................................................... 43 Tech-Dress 47(D)(2). .......................................................................................... 43 Televising During 57(B)(1) .................................................................................. 58 Ten Out of Twelve 47(D)(1)................................................................................. 43 ix Heading and Rule Number Page No. Transportation to 29(B)(1) ................................................................................... 27 Travel on Same Day 59(A)(5) ............................................................................. 66 Rental of Clothes 13(B)................................................................................................... 12 REPLACEMENT Rehearsal 47(E)(1), (3) ....................................................................................... 43 Salary Limitation 58(N)........................................................................................ 65 Transportation of 58(J) ........................................................................................ 65 Reports 44 ................................................................................................................. 44 Annual Report of Weekly Gross 48(C) ................................................................ 44 Reports; W-2 Forms 48(A) .............................................................................................. 44 Reports; Weekly to Equity 48(B) ..................................................................................... 44 Representatives; Equity 26(E) ........................................................................................ 24 Resident Company 20(C)(1). .......................................................................................... 17 Resident Contract 20(F).................................................................................................. 19 Resident Stage Manager 50(A), (C), (E)................................................................... 49, 50 REST PERIODS (See Also BREAKS) After Arrival 59(F) ................................................................................................ 68 Between Performances 40(D) ............................................................................. 37 During Rehearsal 18(A)47(B), (D)........................................................... 16, 42, 43 Overnight 18(C)................................................................................................... 16 Penalty 47(B)(3) .................................................................................................. 43 Prior to Bus Call 59(E)(7) .................................................................................... 68 RIDER Clothing Rental 13(B) .......................................................................................... 12 Contract 15(A) ..................................................................................................... 14 Recording 46 ....................................................................................................... 41 Stage Fighting 54 ................................................................................................ 53 Risks; Extraordinary 50(B) .............................................................................................. 49 Rooms 29(A) ................................................................................................................. 25 -SSAFE AND SANITARY PLACES OF EMPLOYMENT 49............................................... 45 Air Conditioning 49(A) ......................................................................................... 45 Alleys 49(A) ......................................................................................................... 44 Arena Theatres (Aisles, Ramps, Lights) 49(E), (F) ............................................. 46 Audition Spaces 4(C) ............................................................................................ 7 Cots 49(K) ........................................................................................................... 48 Dressing Rooms (heat, clean linen, lighting, etc.) 49(A),(B) ............................... 45 Drinking Water 49(N)........................................................................................... 48 Fire Exits 49(P).................................................................................................... 48 First Aid Kits 49(L)............................................................................................... 48 Floors for Dancing 49(H) ..................................................................................... 47 Guide Lights 49(F)............................................................................................... 46 Inspection by Equity 49(S) .................................................................................. 48 Medical Services Listing 49(O)............................................................................ 48 Rehearsal Space in Tents 49(C) ......................................................................... 46 Smoke and Fog Effects.49(I)............................................................................... 47 Smoking 4(C)(1)(f), 49(Q) ............................................................................... 7, 48 Stage Manager's Booth 49(A) ............................................................................. 45 Toilet and Lavatory Facilities 49(B) ..................................................................... 45 x Heading and Rule Number Page No. SALARIES 50 ................................................................................................................. 49 Actor 50(A) .......................................................................................................... 49 Actual Salary 50(H) ............................................................................................. 51 Additional Duties 50(F)........................................................................................ 50 Assistant Stage Manager 50(A) .......................................................................... 49 Checks 50(J) ....................................................................................................... 51 Contingent Compensation 50(I) .......................................................................... 51 Cost of Living Increase 50(D).............................................................................. 50 During Illness 30(B)............................................................................................. 28 Extraordinary Risk Payment 50(B) ...................................................................... 49 Full Salary During Rehearsal 50(C) .................................................................... 50 Place and Time of Payment 50(J) ....................................................................... 51 Pre-Production and Post-Production 50(E), 55(C) ......................................... 50,55 Pro-Rating; When Permitted 50(G) ..................................................................... 51 Record of Salary Deductions 50(K)..................................................................... 51 Rehearsal Pay 50(C), (G).................................................................................... 50 Stage Managers 50(A) ........................................................................................ 49 Salary Continuance/Supplemental Workers Compensation 31 ...................................... 28 Security Agreement (Bonding) 51 ................................................................................... 52 Security Deposit for Housing 29(A)(7) ............................................................................ 27 SET MOVES 52 .............................................................................................................. 52 Shoes 13(A),(E) ........................................................................................................ 11, 13 Sick Leave 30(A)............................................................................................................. 28 Singers; Chorus Auditions 4(B)(2)(f), (g)........................................................................... 6 Smoking 4(C)(1)(f), 49(Q) ........................................................................................... 7, 48 Social Security 53 ........................................................................................................... 52 Sound Recording 46, 57(A)....................................................................................... 41, 58 Spot Commercial 57(D)................................................................................................... 59 STAGE FIGHTING 54..................................................................................................... 53 As Extraordinary Risk 54..................................................................................... 53 Rehearsal: After Half-Hour 47(B), 54 ........................................................... 42, 53 STAGE MANAGERS 55 ................................................................................................ 54 Activities Prohibited 55(F) ................................................................................... 57 Assistant Stage Manager 20(C)(1), 35(A), 50(A), (E), (F), 55(C), (D), 55(F)(3), (4), (4), (G) ....................................................... 17, 29, 49, 50, 55, 57, 57 Attendance at Performance & Rehearsals 55(B) ................................................ 55 Booth 49(A) ......................................................................................................... 45 Compensation for Script Preparation 55(C) ........................................................ 55 Duties and Obligations 55(E) .............................................................................. 56 Meal Breaks 55(D) .............................................................................................. 56 Motor Vehicle 55(G) ............................................................................................ 57 Not Permitted to Act 55(A) .................................................................................. 55 Number to be Employed 55................................................................................. 54 Overtime 55(D).................................................................................................... 56 Pre-Production and Post-Production 55(C)......................................................... 55 Prohibited Activities 55(F) ................................................................................... 57 Prohibited from being Dance Captain 17 ............................................................ 15 Responsibility re Company Housing 29(A)(5),55(F)(3) ................................. 26, 57 Salaries 50(A),(C),(E).................................................................................... 49, 50 Services re Transfer of production compensation 55(C)..................................... 55 xi Heading and Rule Number Page No. Taping and Filming 57(A),(B)(1)(b),57(B)(5),57(E)(3),57(G)(3) ........ 58, 59, 60, 62 Time Off 55(D)..................................................................................................... 56 Stage Surface for Dancing 49(H) .................................................................................... 47 Stock Company; Non-Resident 20(C)(3) ........................................................................ 18 Stock Jobbing Contracts; Definition 20(G) ...................................................................... 19 Stock Theatre; Definition 20(C)....................................................................................... 17 Stock Theatre; Loss of Status 20(D) ............................................................................... 19 Strikes 36 ................................................................................................................. 32 Strikes; Performances Lost 41(A) ................................................................................... 38 Subsidiary Rights 56 ....................................................................................................... 58 -TTech/Dress Rehearsal 47(D)(2) ...................................................................................... 43 TELEVISING, RECORDING AND MOTION PICTURE 57 ............................................. 58 Approval by Equity 57(A)..................................................................................... 58 Archival Rehearsal Payment 57(G)(4) ................................................................ 62 Archival Rider Required 57(G) ............................................................................ 62 Archival Taping 57(G). ........................................................................................ 62 Cast Vote 57(G)(3). ............................................................................................. 62 During Performance 57(B)(2) .............................................................................. 59 During Rehearsal 57(B)(1) .................................................................................. 58 For Public Relations, Fund raising, Marketing 57(E)........................................... 60 Newscast (3-minute) 57(B).................................................................................. 58 Notice to Cast 57(B)(1)(c), 57(B)(2)(c) ................................................................ 59 Radio Broadcast 57(A), (C) ........................................................................... 58, 59 Spot Commercial 57(D)....................................................................................... 59 Theatres Permitted to Make Archival Reproduction 57(G).................................. 62 Violation 57(B)(6), 57(G)(12)......................................................................... 59, 63 TERMINATION 58 ......................................................................................................... 63 Actor Re-engaged or Replaced 58(N)................................................................. 65 By Actor; After Opening 58(F) ............................................................................. 64 By Actor; Before Rehearsal 58(E)(1), (2), (3)...................................................... 64 By Producer 58(B), 58(E)(4), (F) .................................................................... 63,64 Closing Season 12 .............................................................................................. 11 Deputy 23 ............................................................................................................ 20 Extension of Season 58(G) ................................................................................. 64 For Just Cause 58(D) .......................................................................................... 63 For Military Service 34......................................................................................... 29 Illness or Accident 58(H) ..................................................................................... 64 Notice; How, When to be Given 58(A), (B), (C)................................................... 63 Payment by Actor 58(E)(3),(J)............................................................................. 64 Payment to Actor 58(K) ....................................................................................... 65 Rehearsal After Notice 58(L)............................................................................... 65 Resident Contract for Stock 58(F)(1) .................................................................. 64 Stock Jobbing Contract 58(F)(2) ......................................................................... 64 Transportation Payment by Actor 58(J)............................................................... 65 When Actor Secures New Engagement 58(L) .................................................... 65 Without Payment by Actor 58(E)(1), (2), 58(F)(1), (2)................................... 64, 64 Time Limit; Arbitration 3(A) ............................................................................................... 2 Time Limit; Lodging Claims 11(B) ................................................................................... 11 xii Heading and Rule Number Page No. Toilet and Lavatory Facilities 49(B)................................................................................. 45 Touring Production - Definition20(E), (H)........................................................................ 19 TRANSPORTATION AND BAGGAGE 59 .................................................................... 66 After Termination by Actor 58(J) ......................................................................... 65 After Termination by Producer 58(I) .................................................................... 65 Air 59(C) .............................................................................................................. 67 Arrival and Departure Expense 59(A)(3) ............................................................. 66 Automobile 59(D) ................................................................................................ 67 Baggage 59(C), (H) ...................................................................................... 67, 69 Between Theatres 59(G) ..................................................................................... 68 Bus 59(E) ............................................................................................................ 67 Consecutive Jobbing Contracts 59(G) ................................................................ 68 Day Coach 59(B)................................................................................................. 67 Day Prior to First Rehearsal 59(A)(4).................................................................. 66 Insurance/Air Travel 59(C) .................................................................................. 67 Local-Provided by Producer 29(B) ...................................................................... 27 Manner and Route 59(A)(1), (7) ................................................................... 66, 66 Night Penalty 59(E)(7), 59(E)(9).......................................................................... 68 Overtime 59(A)(5)................................................................................................ 66 Packages 59(G) .................................................................................................. 68 Payments;Tickets in Advance 59(A)(2) ............................................................... 66 Penalties 59(A)(5), (6), 59(E)(7), (8), (9) ....................................................... 66, 68 Railroad 59(B) ..................................................................................................... 67 Reimbursement 59(A)(2), (3) .............................................................................. 66 Rest Period After Arrival 59(F) ............................................................................ 68 Tickets For 59(A)(2) ............................................................................................ 66 Travel on First Day of Rehearsal 59(A)(5) .......................................................... 66 -UUnemployment Insurance 53 .......................................................................................... 52 Union Emblem 60............................................................................................................ 69 Unit Attraction, Definition 20(E)....................................................................................... 19 Union Security/Dues and Initiation Fees 61 ................................................................... 69 -VVacations 62 ................................................................................................................. 70 Valuables 45 ................................................................................................................. 41 Voluntary Classes 63 ...................................................................................................... 70 Voting by Equity Company Members 64......................................................................... 70 -WWAIVERS Claims 11(A)........................................................................................................ 11 Contract 15(A) .................................................................................................... 14 Wardrobe 13 ................................................................................................................. 11 Weekly Report 48(B)....................................................................................................... 44 Wigs 13(A) ................................................................................................................. 11 Worker's Compensation 0............................................................................................... 28 W-2 Forms 48(A)............................................................................................................. 44 xiii