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8. Notices of termination or closing given at or before the end of the performance on Monday night effective at the end of the Sat.u.r.day night following, shall be deemed one week's notice.
9. The essence of this contract is continuous employment and a play once closed shall not be re-opened during the same season within eight weeks of the date of previous closing, without the consent of the Actors' Equity a.s.sociation. Such consent, if given, shall be upon such terms and conditions as may be considered just and equitable by such a.s.sociation.
10. Should the Manager require the Actor purchasing his clothes from a special tailor or shall require exclusive or unique designs or unusually expensive clothes, then the Manager shall pay for such clothes, anything to the contrary in Clause B of the Standard Run of the Play Contract notwithstanding.
11. The Actor shall be responsible for transporting his own baggage to and from the station or theatre in New York City. The Manager will pay the cost of or reimburse the Actor for such transportation anywhere on Manhattan Island.
12. Should the Citizens' Jury provided for in New York decide adversely, to the continuance of a production because salacious or against public morals the Actor shall forthwith terminate his employment without notice, payment or penalty.
13. 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, any state or any munic.i.p.ality in any state and should a claim or charge be made against the Actor on account of his being engaged in such production, either civil or criminal, the Manager shall defend the Actor at his own expense, or shall pay any and all reasonable charges laid out or incurred by the Actor in his defense, and the Manager agrees to indemnify the Actor against any loss or damage which he may suffer on account of being engaged in any such production.
This rule shall not apply to any case or any set of conditions where its enforcement would be illegal or against public policy.
14. The Manager shall have the right to lay off his company the week before Christmas and Holy Week. Should such lay off take place the Manager shall not during said lay off period be ent.i.tled to the services of the company except for a run-through rehearsal on the day of re-opening, and except further that additional rehearsals may be allowed by the Actors' Equity a.s.sociation in case of illness of the star or prominent member of the company or change of cast.
15. If in any production the star or featured member of the cast shall be ill and a lay off takes place on that account, Actors receiving less than $100.00 weekly (but no others) shall be paid by the Manager an amount equal to their board and lodging for the first week. If said lay off continues beyond one week, half salaries shall be paid to the entire company for each day the Actors are retained up to and including two further weeks. From and after the beginning of the fourth week the Manager shall either pay full salaries to all members of the company or may abandon the production.
16. When understudies are employed or there is a change in the cast, announcement shall be made to this effect, either by a slip in the program, or by announcement from the stage at the rise of the curtain, or by conspicuously posting a notice to that effect a reasonable time before the rise of the curtain, at the box office.
17. In case after the opening of the play and after at least two weeks' employment, the Manager shall desire a lay off for the purpose of re-writing or making changes in the cast or any other reason deemed sufficient by him, he may apply to the Actors' Equity a.s.sociation for the right to do so. If the a.s.sociation agrees to such lay off it may do so upon such terms and conditions as may seem equitable to it under the circ.u.mstances. But in any event if a change or changes in the cast is made the Actor or Actors dismissed and not employed upon the renewed run of the play shall be paid at least one week's additional salary.
18. Musical comedies, revues or spectacular plays shall immediately after a New York run be allowed one day's lay off before the opening in either Boston or Chicago. This does not apply to premieres, i.e., original openings in those cities.
19. Should either party give the other any notice permitted under this 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 the rehearsals under the new engagement as may be necessary and as do not conflict with his performances under his then existing contract.
20. Should the Actor deem that he has any claim against the Manager under his contract he shall present the same to the Actors' Equity a.s.sociation or to the Manager or both within two months after the time when such claim has arisen, unless he shall give to the Board of Arbitration good and sufficient reason for any delay after such period of two months.
21. The actual salary of the Actor agreed upon shall be stated in the contract and a lesser or fict.i.tious salary shall not be stated in the contract.
22. Sunday performances referred to in "Regulations" under Subdivision 4 of Paragraph D are regular dramatic and musical productions and do not include vaudeville, recitals, concerts and the like.
23. The Actor shall be required to work only with a Manager who employs exclusively in his company or companies actors who are, and who continue to be, members in good standing of the Actors' Equity a.s.sociation.
24. The parties have notice that, pursuant to special resolution of the Actors' Equity a.s.sociation, there is on file at its office an exempt list containing the names of non-members of said a.s.sociation with whom the actor herein will work, thus creating an exception under paragraph 5 on the face of this agreement. The parties know they may examine this list at any time and therefore know the names of non-members with whom the actor herein will work while the resolution of the a.s.sociation creating said exempt list continues in force; and the actor is not required to work with any other non-member in any company.
[Ill.u.s.tration: NW]
[Ill.u.s.tration: BUSINESS OFFICE, NED WAYBURN STUDIOS]
FORM M.P.A.R. NO. 2
THIS CONTRACT MUST NOT BE ISSUED TO THE CHORUS.
_Actors' Equity a.s.sociation_
(Affiliated with the American Federation of Labor)
115 West 47th Street, New York City
LOS ANGELES OFFICE 6412 Hollywood Blvd.
SAN FRANCISCO OFFICE Theodore Hale, 369 Pine St.
CHICAGO OFFICE 1032 Capitol Bldg.
KANSAS CITY OFFICE Gayety Theatre Bldg.
RUN-OF-THE-PLAY
STANDARD CONTRACT
_For Use by Members of the Managers' Protective a.s.sociation_
AGREEMENT made this ---- day of ----, 19--, between ---- (hereinafter Called "Manager") and ---- (hereinafter Called "Actor").
The REGULATIONS and RULES contained on the reverse side are a part hereof as though set forth on this page in full.
_Agreement of Employment_
1. The Manager hereby hires the Actor to render services, as such, in the part of ----, in the play hereinafter mentioned, and the Actor hereby accepts the said engagement; such hiring to be subject to the terms hereinafter set forth.
_Period of Employment_
2. The term of employment shall be the Run of the Play now called ---- during the season of 19-- 19-- which said season is agreed to BE THE PERIOD BETWEEN THE FIRST DAY OF SEPTEMBER AND THE FOLLOWING FIRST DAY OF JUNE.
_Opening Date_
3. The date of first public performance shall be the ---- day of ----, 19--, or not later than fourteen days thereafter.
Employment hereunder shall begin upon the date of beginning of rehearsals, which date shall be not earlier than four weeks prior to the date of first public performance.
_Compensation_
4. The Manager agrees, as compensation for services hereunder, to pay the Actor from and after the date named in Paragraph 3 and continuing for and during the run of the production for which the Actor is engaged, the sum of ---- Dollars ($----) each and every week (on Sat.u.r.day).
_Guaranteed Period_
5. The Manager agrees and guarantees that under this contract he will give the Actor not less than ---- consecutive weeks' work, commencing with the date of the first public performance, and pay him therefor.
If the blank in this paragraph is not filled in, and no guaranteed period is agreed upon, the Manager agrees that this contract shall call for a minimum guaranty of two weeks' employment from the date named in Paragraph three hereof.
_Rehearsals_
6. The Actor, if required, shall give four weeks' rehearsal without pay; if further rehearsals are required, then, for each additional week or part thereof, the Manager shall pay the Actor, on Sat.u.r.day of that week, at the rate of the full salary mentioned in paragraph four.
Rehearsals shall be considered to be continuous from the date of the first rehearsal to the date of the first public performance of the play as provided in paragraph three.
If the above play is a musical play, or a spectacular production, then, wherever the word "Four" appears in this paragraph and in paragraph three the word "Five" shall be subst.i.tuted.