The Art of Stage Dancing Part 42

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.

_Notice of Closing_

7. The Manager shall give one week's notice of the closing of the production and company for which the Actor is engaged.

_Duties of the Actor_

8. The Actor agrees to be prompt at rehearsals, to pay strict regard to makeup and dress, to perform the services herein required in a competent and painstaking manner, to abide by all reasonable rules and regulations, and to render services exclusively to the Manager from the date of beginning of rehearsals, and not to render services to any other person, firm or corporation without the consent of the Manager.

_Miscellaneous_

9. Lay-offs, unless caused through the fault of the Actor, shall not be counted as part of the guaranteed period.

10. If the blank in paragraph five 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.

11. The Manager agrees that he has notice that the Actor herein is a member of the Actors' Equity a.s.sociation and as such member is bound to conform to its lawful rules and regulations, and that it is a lawful rule and regulation of said a.s.sociation that, as far as the Manager herein is concerned, the Actor is to work only in companies operated by the Manager herein when all members of said company or companies are members of the Actors' Equity a.s.sociation in good standing and continue to be such during the entire term of employment hereunder. And the Manager agrees that the Actor shall not be required to work hereunder in violation of said rule or other lawful rule of said a.s.sociation, and further agrees to the full extent to which said agreement is lawful that all actors in the company in which the Actor herein is employed, shall be and shall continue throughout the term hereof to be members in good standing of the Actors' Equity a.s.sociation, except as provided in paragraph 24 of the Rules.

Should the Manager employ any non-member of the Actors' Equity a.s.sociation, or any member not fully paid up or not in good standing, or one who fails to continue himself in good standing, or should the Manager breach any covenant herein made, the Actor may (the Actors'

Equity a.s.sociation consenting) not only terminate this agreement forthwith, but the Manager also agrees to pay the Actor all sums due to the date of termination, plus his return fare and plus, as liquidated damages, no present basis for calculation existing, a sum equal to two weeks' salary.

_Arbitration_

12. 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 Actors' 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 ---- ACTOR

REGULATIONS

_Rehearsals_

A. (1) The Actor, if required, shall give four weeks' rehearsal without pay (in case of musical comedy, revue or spectacular production, five weeks), and obligates himself to be ready to rehea.r.s.e four (or five) weeks before the date mentioned in Paragraph three on face of contract hereof; if further rehearsals are required then for each additional week or part thereof the Manager shall pay the Actor full compensation, as provided in Paragraph four on face of contract hereof on Sat.u.r.day night of each week.

(2) It is agreed that rehearsals shall be continuous from the date of the first rehearsal to the date of the first public performance of the play, as stated in Paragraph three on the face hereof.

_Clothes_

B. (1) If the Actor be a man, he shall furnish and pay for such conventional morning, afternoon and evening clothes as are customarily worn by civilians of the present day in this country, together with wigs and footwear necessarily appurtenant thereto. All other wigs, footwear, costumes, clothes, appurtenances and "properties," including those peculiar to any trade, occupation or sport, to be furnished by the Manager.

(2) If the Actor be a woman, all wigs, gowns, hats, footwear and all "properties" shall be furnished by the Manager.

[Ill.u.s.tration: BELLE BAKER]

_Notices_

C. All communications which refer to the company in general shall be posted upon the call-board. Notice to the Manager must be given to him personally or to his company or Stage Manager.

_Number of Performances_

D. (1) Eight performances shall const.i.tute a week's work.

(2) A week's compensation shall be paid even if a less number than eight performances are given, except as herein otherwise provided in Paragraph F.

(3) A sum equal to one-eighth of the weekly compensation shall be paid for each performance over eight in each week. (This also applies to understudies.)

(4) It is a.s.sumed that Sunday rehearsals and performances will take place only where it is lawful, and the Actor shall not be required to perform in the play and part above named on Sunday in any theatre except those where Sunday performances were customarily given on May 1, 1924.

E. The Actor shall travel with the company by such routes as the Manager may direct, and the Actor shall not demand compensation for any performance lost through unavoidable delay in travel which prevents the giving of performances by the company.

_Lost Performances_

F. (1) It is further agreed if the company cannot perform because of fire, accident, strikes, riot, act of G.o.d, the public enemy, or for any other cause of the same general cla.s.s which could not be reasonably antic.i.p.ated or prevented, or if the Actor cannot perform on account of illness or any other valid reason, then the Actor shall not be ent.i.tled to any salary (except as otherwise herein specified) for the time during which said services shall not for such reason or reasons be rendered. Should any of the foregoing conditions continue for a period of ten days or more, the Actor may terminate the contract and the Manager will pay for all services to date and transportation back to New York City.

_Lost Rehearsals_

G. If the Manager is prevented from giving rehearsals because of fire, accident, riot, strikes, illness of star or prominent member of the cast, act of G.o.d, public enemy or any other cause of the same general cla.s.s which could not reasonably be antic.i.p.ated or prevented, then the time so lost shall not be counted as part of the four (or five, as the case may be) weeks' rehearsal period herein provided. After the fourth week of rehearsal, including any lay-off period on the above account, the Manager will pay half salaries for two weeks, at the end of which time the Actor shall be free, unless the Manager wishes to continue the services of the Actor and pays him full salary therefor.

_Transportation_

H. The Manager agrees to transport the Actor when required to travel, including transportation from New York City to the point of opening and back to New York City from the point of closing; also the Actor's personal baggage up to two hundred pounds weight.

I. The Manager shall reimburse the Actor for all loss or damage to his property used and/or to be used in connection with the play while they are wholly or partly in the possession or control or under the supervision of the Manager or of any of his representatives and also when such baggage and property has been in any way s.h.i.+pped, forwarded or stored by the Manager or any of his representatives, but the Actor shall have no claim if the loss or damage occurs while the baggage or property is under his own control. Upon payment of said loss or damage the Manager shall be subrogated to all rights of the Actor therefor.

J. 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 Paragraph H, and elsewhere.

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

L. The Actor herein may play in any benefit performance given by or under the auspices of the Actors' Equity a.s.sociation. Deputies of said a.s.sociation will be permitted in each company and a duly authorized representative shall have the right to be on the stage before and after rehearsals and before and after performances, and said a.s.sociation may represent its members in any dispute which may arise with the managers. Actors will be tentatively engaged on their paid up cards only, which card will be prima facie evidence of members.h.i.+p in said a.s.sociation until the manager is otherwise notified.

RULES

1. Should the Manager of any production consider the same "Spectacular" and therefore ent.i.tled to five weeks of free rehearsals, he shall notify the Actors' Equity a.s.sociation before the beginning of rehearsals and advise fully as to the nature of the production and secure its allowance of his claim.

2. Rehearsals begin with the date when the Actor is first called. If the Manager chooses to start with a reading to the Company, or substantial part thereof, said reading is a part of and begins the rehearsal period.

3. In case of company rehearsals being held _before the opening of the play_ at a place different from that of organization, the Manager shall pay the Actor 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 Actor 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 Actor shall be deemed to be entered into between the said parties on the date the terms of the contract are agreed upon between the parties, and contracts must be issued and signed as of that date.

6. 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 that said New York opening takes place within six weeks of the original opening of the play.

7. 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.