The Art of Stage Dancing Part 49

M. (1) If individual notice of termination is given by the Manager, he agrees to pay the Chorus in cash the amount of the cost of transportation and sleeper of the Chorus and his baggage back to New York City, whether the Chorus returns immediately or not.

(2) If this contract is cancelled by the Chorus, he agrees to pay his own railroad fare back to New York City.

(3) If the company is organized outside of New York City, the name of such place is herein agreed to be subst.i.tuted for New York City in Paragraphs L, M-1 and M-2 and elsewhere.

N. The Manager shall not be responsible for any loss occurring to the personal baggage of the Chorus, whose duty it is, if he desires to protect himself against loss, to insure the same.

O. Strikes, within the meaning of Paragraph J hereof, is construed to mean any strike of any name or nature which shall prevent the Manager from giving performances in the usual course of his business in any of his theatre or theatres.

RULES GOVERNING CHORUS EQUITY MINIMUM CONTRACTS STANDARD FORM

(To be printed on Independent Chorus Equity Minimum Contracts, Standard Form)

1. A list or lists of all members of the Chorus of the play, stating the full names and salaries of each member, shall be filed by the Manager with the Chorus Equity a.s.sociation not later than the termination of the first week of performance. If the Manager prefers, triplicate copies of all Chorus contracts may be so filed instead.

2. Rehearsals begin on the day for which the individual Chorus is called--whether he works or not--next following the second day of tryout. If after the second day of tryout the Chorus is required or permitted to work, he shall be deemed to have been called for a rehearsal.

Tryouts may, if necessary, be on two separate days, one day for voice, and one day for dancing and for general qualifications. If said two days of tryout are not consecutive, the Chorus shall not be required to report for any purpose on the intervening days between such tryouts. If the Chorus is called for any day, or works on any day, after the second tryout day, the probation period of ten days starts on that day.

3. In case of company rehearsals being held before opening at a place different from that of organization, the Manager shall pay the Chorus his reasonable living expenses during said rehearsals, except that the Manager shall be allowed two days of free rehearsals in cities within one thousand miles of New York City and one additional day free for each additional one thousand miles or fraction thereof.

4. If the Chorus shall absent himself from rehearsals for seven days or more by reason of illness, the Manager may cancel this contract without payment for service to date. The a.s.sociation may, in its discretion, upon appeal by the Manager, reduce this period.

5. Contracts between Manager and Chorus shall be deemed to be entered into between the said parties no later than the date of the first rehearsal, and written contracts must be given and signed before the end of the ten-day probationary period for rehearsals. If such written agreement is not offered to the Chorus, fully made out and ready for signatures, on or before the tenth day of rehearsal, the Chorus, at his option, may terminate the employment, in which event the Manager shall pay to the Chorus a sum equal to one week's minimum compensation.

If such contract has not been so offered within said ten day period (and if the Chorus has not then terminated the employment) and such contract is not offered at the end of the twentieth day of rehearsal, the Chorus, at his option, may terminate the employment, in which event the Manager shall pay him a sum equal to two weeks' minimum compensation.

6. If after joining a company, which has opened and is on tour, a Chorus is dismissed at rehearsals within the ten day probationary period (provided the ten day probationary period has not already been deleted from his contract) the Manager shall pay to the Chorus his transportation and sleeper both ways and for each day of rehearsal a sum equal to one-seventh of the weekly salary agreed upon, said rehearsals to be deemed continuous and to begin not later than the day after the Chorus's arrival. In case the Chorus is dismissed after the ten day probationary period the Manager shall pay the Chorus two weeks' salary and his transportation and sleeper both ways.

7. If the full rehearsal period to which the Manager is ent.i.tled be not used by him before the date of opening, he may employ the balance thereof immediately before the New York opening, provided the said New York opening takes place within six weeks of the original opening of the play.

8. All performances for which admission is charged (except bona fide benefits) are to be counted and considered as performances under the Chorus Equity Minimum Contract.

9. If the employment under any contract relates to the second or subsequent season of any play, then the period of free rehearsals is three weeks instead of four, but this provision shall not obtain if 50 per cent or more of the cast were not members of the production the preceding year.

10. If the play for which the Chorus is engaged is rehea.r.s.ed seven days or less and then rehearsals are discontinued or postponed, or if the production is abandoned during rehearsals on or before the ten day probationary period would have expired, the Manager shall pay the Chorus as follows: If the contract has been signed or entered into within two months of the date mentioned in Paragraph 2 of the Standard Minimum Contract, a sum equal to one week's salary, otherwise a sum equal to two weeks' salary.

11. In case the play is abandoned before rehearsals or the Chorus is ent.i.tled to compensation under the preceding paragraph, payment shall be made by the Manager to the Chorus not later than three weeks prior to date of opening specified in Paragraph 2 of the main contract.

12. Ten days' rehearsals means ten consecutive calendar days, counting Sunday (when Sunday is used for rehearsals) and said ten days terminate with the dismissal of rehearsal on the tenth day, as herein reckoned.

13. If the Chorus is not allowed or required to work out any notice of dismissal properly given under his contract the amount to which he is ent.i.tled shall be paid forthwith upon the giving of the notice.

14. The right of the Manager to close a play and company without a week's notice within four weeks after the opening date does not apply to the second or subsequent season thereof.

15. 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 and such notice effective at the end of Sat.u.r.day week following shall be deemed two weeks' notice.

16. The essence of this contract is continuous employment and a play once closed shall not be opened during the same season within eight weeks of the date of previous closing, without the consent of the Chorus 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.

17. Except in a case of notice given on Monday as otherwise provided in these rules, a week's notice shall be seven calendar days and two weeks' notice fourteen calendar days.

18. The Chorus 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 Chorus for such transportation anywhere on Manhattan Island.

19. Should the Citizens' Jury provided for in New York decide adversely to the continuance of a production because salacious or against public morals, the Chorus shall forthwith terminate his employment without notice, payment or penalty.

20. Should the production in which the Chorus 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 Chorus on account of his being engaged in such production, either civil or criminal, the Manager shall defend the Chorus at his own expense, or shall pay any and all reasonable charges laid out or incurred by the Chorus in his defense, and the Manager agrees to indemnify the Chorus 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.

21. The Manager shall have the right to lay off his company the week before Christmas and Holy Week without pay. 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 Chorus Equity a.s.sociation in case of illness of the star or prominent member of the company or change of cast.

22. 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, Chorus receiving less than $100 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 Chorus 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.

[Ill.u.s.tration: NED WAYBURN STUDIOS OF STAGE DANCING]

23. 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 Chorus Equity a.s.sociation for the right to do so, which right shall be granted if the Actors' Equity a.s.sociation grants the same right, and shall be granted upon the terms and conditions that are acceptable to the Actors' Equity a.s.sociation.

But in any event if a change or changes in the cast is made the Chorus dismissed and not employed upon the renewed run of the play shall be paid at least one week's additional salary.

24. Musical comedies, revues or spectacular plays shall immediately after a New York run be allowed one day's lay-off without pay before the opening in either Boston or Chicago. This does not apply to premieres, i.e., original openings in those cities.

25. Should the Chorus deem that he has any claim against the Manager under his contract, he shall present the same to the Chorus 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.

26. Should either party give the other any notice under his contract which terminates the same at any future date and should the Chorus 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 performance under his then existing contract.

27. The actual salary of the Chorus agreed upon shall be stated in the contract and a lesser or fict.i.tious salary shall not be stated in the contract.

28. Unless special consent otherwise is given by the Manager, understudies shall be present at each performance.

29. "Tryouts" during May, June and July are permissible where the Manager agrees to pay and pays one week's salary for two weeks'

rehearsals and an additional half week's salary for each additional week of rehearsal, one week's salary to be guaranteed. Payment for part of a week's rehearsal shall be pro-rata.

30. Sunday performances, referred to in the "Regulations," under Subdivision 4 of Paragraph "H" are regular dramatic and musical productions and do not include vaudeville, recitals, concerts and the like.

31. Chorus Equity will raise no objection to the trying out of vaudeville acts in revues or similar type of productions for one performance, provided the act understands and is agreeable to this arrangement and provided, further, that this entails on the company no rehearsal.

AGENT'S CONTRACT

(Usual form of contract required by artist's representative, business manager or "agent" as he is called, who negotiates with managers for the artist's services.)

THIS AGREEMENT made this ---- day of ----, 19--, between ----, hereinafter called the Manager, and ----, hereinafter called the Artist.

WITNESSETH: In consideration of the covenants and conditions hereinafter contained, the parties hereto have agreed and do hereby agree as follows: