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10. Should the Manager require the Actor "to purchase" 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 shall take 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 where the contracts of such individual actors permits him to take such action as to them 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.
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.
FORM 1B
B
CHORUS EQUITY MINIMUM CONTRACT
Standard Form as agreed upon by the
_Managers Protective a.s.sociation, Inc._
_Chorus Equity a.s.sociation_
(Affiliated with the American Federation of Labor)
110 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.
AGREEMENT made this ---- day of ----, 192-, between ---- (hereinafter called "Manager") and ---- (hereinafter called "Chorus").
The regulations on the other side hereto are a part hereof, as though printed herein at length. To insure in this contract a sufficient degree of flexibility to meet the contingencies and necessities of theatre production as the same may arise, separately printed "Rules Governing Chorus Equity Minimum Contract, Standard Form," are also made a part hereof as though printed herein at length.
_Agreement of Employment_
1. The Manager engages the Chorus to render services in ----, (Here insert present t.i.tle of play.) and the Chorus hereby accepts such engagement upon the terms herein set forth.
_Opening Date_
2. The date of the first public performance shall be the ---- day of ----, 19--, or not later than fourteen days thereafter.
Employment hereunder shall begin on the date of the beginning of rehearsals and shall continue until terminated by notice given as herein provided and not otherwise.
_Compensation_
3. The Manager agrees to pay the Chorus the sum of ---- Dollars ($----) each week, in New York City, and ---- Dollars ($----) each week outside of New York City, on Sat.u.r.day thereof, from and after the date named in paragraph "2" and until this agreement is duly terminated.
The minimum salary of this contract shall be the sum of Thirty ($30) Dollars weekly in New York City; outside of New York City the minimum salary shall be the sum of Thirty-five ($35) Dollars, unless the production shall be designated by the Chorus Equity a.s.sociation of America, as a Number 2 attraction, in which case the road salary shall be Thirty ($30) Dollars.
_Regulations On Reverse Side_
Regulations covering rehearsals, notice of termination before and during rehearsals, lost rehearsals, individual termination, closing of play and season, clothes, number of performances, lost performances, transportation, lay-off, method of giving notice and other matters are set forth in the "Regulations" on the reverse side of this page and in "Rules Governing Chorus Equity Minimum Contract Standard Form," and as hereinbefore provided are a part hereof.
_Duties of the Chorus_
4. The Chorus agrees to be prompt at rehearsals, to pay strict regard to makeup and dress, to perform his services in a competent and painstaking manner, to abide by all reasonable rules and regulations of the Manager, and, except as otherwise herein provided, to render services exclusively to the Manager from the date of beginning of rehearsals, and shall not render services to any other person, firm or corporation without the consent of the Manager.
5. (a) The Chorus's employment hereunder is conditional upon the members.h.i.+p of the companies of the Manager being in accordance with the Chorus Equity a.s.sociation rules, set forth in the agreement between the Chorus Equity a.s.sociation and the Managers' Protective a.s.sociation, dated May 12, 1924, and the Chorus shall not be required to work hereunder in violation if any such company fail to be in accordance with any such rules, or should the Manager fail to comply with any of the provisions of Paragraph "Seventh" of said agreement, or Paragraph "Eighth" of the Managers' Protective a.s.sociation-Actors'
Equity a.s.sociation basic agreement, dated May 12, 1924, as modified and incorporated into said Chorus Equity a.s.sociation M.P.A. basic agreement, the Chorus shall at his option, provided the Chorus Equity a.s.sociation consents, be released from this agreement and the Manager agrees to pay to him and he may recover from the Manager all sums due to date of said release, plus his return fare, as provided in the transportation clause, plus, as liquidated damages, a sum equal to two weeks' salary. Any claim under this paragraph must be made by the Chorus through and with the consent of the Chorus Equity a.s.sociation and any dispute regarding the same shall be arbitrated under the provisions of this agreement.
(b) This agreement is dependent upon and subject to all the terms and conditions of said agreement with Managers' Protective a.s.sociation, dated May 12, 1924.
_Arbitration_
6. In event that any dispute shall arise between the parties as to any matter or thing covered by this agreement, or as to the meaning of any part thereof, then said dispute or claim shall be arbitrated. The Manager shall choose one arbitrator, and the Chorus Equity a.s.sociation the second. ---- shall be the third. These three shall const.i.tute the Board and the decision of a majority of the arbitrators shall be the decision of all and shall be binding upon both parties and shall be final. The Board shall hear the parties and within seven (7) days shall decide the dispute or claim. The Board shall determine by whom and in what proportion the cost of arbitration shall be paid, and the parties hereby const.i.tute said Board their agents and agree that its decision shall const.i.tute an agreement between them, having the same binding force as if agreed to by the parties themselves. Further, that they and each of them will, if required, sign such individual arbitration agreement as to make said arbitration comply with a legal arbitration under the laws of the State of New York and the rules of the Supreme Court thereof, and that judgment upon the award may be entered in the Supreme Court of the State of New York. The oath of the members of the Board of Arbitration shall not be necessary unless specifically requested by one of the parties.
IN WITNESS WHEREOF we have signed this agreement on the day and year first above written.
---- Manager.
---- Chorus.
REGULATIONS
(To be printed on Chorus Equity Minimum Contracts, Standard Form)