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Rules of Travel and Lost Performances
F. (1) It is further agreed if the company cannot perform because of fire, accident, strikes, riot, act of God, the public enemy, or for any other cause of the same general class which could not be reasonably anticipated or prevented, or if the Actor cannot perform on account of illness or any other valid reason, then the Actor shall not be entitled 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. Should the manager for any of the foregoing reasons close the company and later on reopen, the Actor shall be re-engaged upon the same terms herein specified, should the Actor desire such engagement.
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 God, public enemy or any other cause of the same general class which could not reasonably be anticipated 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 shipped, 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 substituted 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 Association.
M. Strikes, within the meaning of Paragraph F hereof, are 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
1. Should the Manager of any production consider the same "Spectacular" and therefore entitled to five weeks of free rehearsals, he shall notify the Actors' Equity Association 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 rehearsal 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 Association 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 when 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 entitled 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.
8. Notices of termination or closing given at or before the end of the performance on Monday night effective at the end of the Saturday 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 Association. Such consent, if given, shall be upon such terms and conditions as may be considered just and equitable by such Association.
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 municipality 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 entitled 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 Association 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 Association for the right to do so. If the Association agrees to such lay off it may do so upon such terms and conditions as may seem equitable to it under the circumstances.
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 Association 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 fictitious 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 Association, Inc.
Chorus Equity Association
(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 title 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 Saturday 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 Association 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 membership of the companies of the Manager being in accordance with the Chorus Equity Association rules, set forth in the agreement between the Chorus Equity Association and the Managers' Protective Association, 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 Association-Actors' Equity Association basic agreement, dated May 12, 1924, as modified and incorporated into said Chorus Equity Association M.P.A. basic agreement, the Chorus shall at his option, provided the Chorus Equity Association 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 Association 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 Association, 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 Association the second. —— shall be the third. These three shall constitute 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 constitute said Board their agents and agree that its decision shall constitute 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)
Rehearsals
A. (1) The Chorus, 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 Chorus half salary for the next two weeks and full salary thereafter. All payments for rehearsals beyond the four weeks shall be made on or before the Saturday 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 2 on the face hereof.
Notice of Termination Before Rehearsal
B. This contract may, before the beginning of rehearsals, be terminated as follows:
(1) If the contract be signed and entered into prior to two months before the specific date mentioned in Paragraph 2 on the face hereof, by the Manager's giving the Chorus written notice and paying him two weeks' salary.
If, however, previously to giving such written notice, the Manager shall have given to the Chorus written notice that the play will not be produced or that the Chorus will not be called for rehearsals, and the Chorus thereafter secures a new engagement under which payments to him are to begin not later than the date specified in paragraph 2 on the face hereof, then and in that event, instead of said two weeks' salary, the only sum, if any, which the Manager need pay the Chorus, shall be the amount, if any, by which said two weeks' salary exceeds two weeks' salary to the Chorus under said new engagement.
Notice of Termination During Rehearsal
C. This contract may, during rehearsals, be terminated as follows:
(1) At any time during the first ten days rehearsal of the Chorus, by either party, by giving written notice, if this contract be signed and entered into within two months of the specific date mentioned in paragraph 2 on the face hereof, except in case the Chorus be re-engaged by the Manager for a Chorus in which he has previously worked, in which event he shall be paid two weeks' compensation; or
(2) Any time after the first ten days rehearsals of the Chorus by the Manager paying the Chorus immediately a sum equal to two weeks' compensation; or
(3) If this contract be signed and entered into prior to two months of the date mentioned in paragraph 2, by the Manager giving written notice to the Chorus and paying two weeks' compensation.
(4) If the contract be signed and entered into within two months of the specific date mentioned in paragraph 2 on the face hereof and the play is not placed in rehearsal or is abandoned, the Manager shall pay the Chorus a sum equal to one week's salary.
Individual Termination After Opening
D. Either party may terminate this contract at any time on or after the date of the first public performance of the play by giving the other party two weeks' written notice.
Termination By Closing of Play and Season
E. (1) If the play runs four weeks or less, the Manager may close the play and company without notice, and terminate the right of the Chorus to further compensation, provided he has paid the Chorus for all services rendered to date, and in no event less than two weeks' compensation.
(2) If the play shall run more than four weeks, the Manager shall give one week's notice of the closing of the season of the play and company, or pay one week's compensation in lieu thereof.
Clothes
F. All hats, costumes, wigs, shoes, tights and stockings shall be furnished the Chorus by the Manager.
Notices
G. 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
H. (1) Eight performances shall constitute 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 J.
(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 assumed that Sunday rehearsals and performances will take place only where it is lawful, and the Chorus 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 1st, 1924.
Lost Performances
I. The Chorus shall travel with the company by such routes as the Manager may direct, and the Chorus shall not demand compensation for any performance lost through unavoidable delay in travel which prevents the giving of performances by the company.
J. It is further agreed if the company cannot perform because of fire, accident, strikes, riot, act of God, the public enemy, or for any other cause of the same general class which could not be reasonably anticipated or prevented, or if the Chorus cannot perform on account of illness or any other valid reason, then the Chorus shall not be entitled 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 Manager may terminate the contract by paying in cash for all services and transportation of the Chorus back to New York City, including sleeper.
Lost Rehearsals
K. 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 God, public enemy or any other cause of the same general class which could not reasonably be anticipated or prevented, then the time so lost shall not be counted as part of the four 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 Chorus shall be free, unless the Manager wishes to continue the services of the Chorus and pays him full salary therefor.
Transportation
L. The Manager agrees to pay for transportation of the Chorus when required to travel, including transportation from New York City to the opening point and back to New York City from the closing point, including sleepers. The Manager has the right to put two in a lower berth and only one in an upper berth. The Manager also agrees to pay the cost of transportation of the Chorus' personal baggage up to 200 pounds weight. Sleepers must be supplied for the Chorus for all travel begun before five o'clock in the morning.
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 substituted 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 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 Association 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 rehearsal 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 Association 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 entitled 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 rehearsed 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 entitled 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 entitled 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 Saturday night following, shall be deemed one week's notice; and such notice effective at the end of Saturday 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 re-opened during the same season within eight weeks of the date of previous closing, without the consent of the Chorus Equity Association. Such consent, if given, shall be upon such terms and conditions as may be considered just and equitable by such Association.
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 municipality in any state and should a claim or charge be made against the Chorus on account of his being engaged in such a 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 entitled 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 Association 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.
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 Association for the right to do so, which right shall be granted if the Actors' Equity Association grants the same right, and shall be granted upon the terms and conditions that are acceptable to the Actors' Equity Association. 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 premiers, 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 Association 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 fictitious 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.
* * * * *
FORM 2B
TO BE ISSUED ONLY TO C.E.A. MEMBERS IN GOOD STANDING
CHORUS EQUITY MINIMUM CONTRACT
Standard Form Issued by the
Chorus Equity Association
(Affiliated with the American Federation of Labor)
229 West 51st 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.
To be used by "Independent" New York Managers and others playing the same class of attractions
AGREEMENT made this —— day of ——, 192-, between —— (hereinafter called "Manager") and —— (hereinafter called "Chorus").
Regulations and Rules Over Leaf
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 Independent Chorus Equity Minimum Contract Standard Form," on the pages following, and except as hereinafter provided are a part hereof.
Agreement of Employment
1. The Manager engages the Chorus to render services in ——, (Here insert present title 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 Saturday 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 Association of America, as a Number 2 attraction, in which case the road salary shall be Thirty ($30) Dollars.
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. The Manager agrees that he has notice that the Chorus herein is a member of the Chorus Equity Association 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 Association that, as far as the Manager herein is concerned, the Chorus is to work only in companies operated by the Manager herein when all members of said chorus of said company or companies are members of the Chorus Equity Association in good standing and continue to be such during the entire term of employment hereunder. And the Manager agrees that the Chorus shall not be required to work hereunder in violation of said rule or other lawful rule of said Association, and further agrees to the full extent to which said agreement is lawful that all chorus members in the company in which the Chorus herein is employed, shall be and shall continue throughout the term hereof to be members in good standing of the Chorus Equity Association.
Should the Manager employ any non-member of the Chorus Equity Association, 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 Chorus member may (The Chorus Equity Association consenting) not only terminate this agreement forthwith, but the Manager also agrees to pay the Chorus 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
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 Association the second. —— shall be the third. These three shall constitute 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 constitute said Board their agents and agree that its decision shall constitute 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 Independent Chorus Equity Minimum Contract, Standard Form)
Rehearsals
A. (1) The Chorus, 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 Chorus half salary for the next two weeks and full salary thereafter. All payments for rehearsals beyond the four weeks shall be made on or before the Saturday 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 2 on the face hereof.
Notice of Termination before Rehearsal
B. This contract may, before the beginning of rehearsals, be terminated as follows:
(1) If the contract be signed and entered into prior to two months before the specific date mentioned in Paragraph 2 on the face hereof, by the Manager's giving to the Chorus written notice and paying him two weeks' salary.
If, however, previously to giving such written notice, the Manager shall have given to the Chorus written notice that the play will not be produced or that the Chorus will not be called for rehearsals, and the Chorus thereafter secures a new engagement under which payments to him are to begin not later than the date specified in paragraph 2 on the face hereof, then and in that event, instead of two weeks' salary, the only sum, if any, which the Manager need pay the Chorus, shall be the amount, if any, by which said two weeks' salary exceeds two weeks' salary to the Chorus under said new engagement.
Notice of Termination During Rehearsal
C. This contract may, during rehearsals, be terminated as follows:
(1) At any time during the first ten days rehearsal of the Chorus, by either party, by giving written notice, if this contract be signed and entered into within two months of the specific date mentioned in paragraph 2 on the face hereof, except in case the Chorus be re-engaged by the Manager for a Chorus in which he has previously worked, in which event he shall be paid two weeks' compensation; or
(2) Any time after the first ten days rehearsals of the Chorus by the Manager paying the Chorus immediately a sum equal to two weeks' compensation; or
(3) If this contract be signed and entered into prior to two months of the date mentioned in paragraph 2, by the Manager giving written notice to the Chorus and paying two weeks' compensation.
(4) If the contract be signed and entered into within two months of the specific date mentioned in paragraph 2 on the face hereof and the play is not placed in rehearsal or is abandoned, the Manager shall pay the Chorus a sum equal to one week's salary.
Individual Termination After Opening
D. Either party may terminate this contract at any time on or after the date of the first public performance of the play by giving the other party two weeks' written notice.
Termination by Closing of Play and Season
E. (1) If the play runs four weeks or less, the Manager may close the play and company without notice, and terminate the right of the Chorus to further compensation, provided he has paid the Chorus for all services rendered to date, and in no event less than two weeks' compensation.
(2) If the play shall run more than four weeks, the Manager shall give one week's notice of the closing of the season of the play and company, or pay one week's compensation in lieu thereof.
Clothes
F. All hats, costumes, wigs, shoes, tights and stockings shall be furnished the Chorus by the Manager.
Notices
G. 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
H. (1) Eight performances shall constitute 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 J.
(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 assumed that Sunday rehearsals and performances will take place only where it is lawful, and the Chorus 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 1st, 1924.
Lost Performances
I. The Chorus shall travel with the company by such routes as the Manager may direct, and the Chorus shall not demand compensation for any performance lost through unavoidable delay in travel which prevents the giving of performances by the company.
J. (1) It is further agreed if the company cannot perform because of fire, accident, strikes, riot, act of God, the public enemy, or for any other cause of the same general class which could not be reasonably anticipated or prevented, or if the Chorus cannot perform on account of illness or any other valid reason, then the Chorus shall not be entitled 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 Manager may terminate the contract by paying in cash for all services and transportation of the Chorus back to New York City, including sleeper.
(2) Strikes, within the meaning of this Paragraph, 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 theatres.
Lost Rehearsals
K. 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 God, public enemy or any other cause of the same general class which could not reasonably be anticipated or prevented, then the time so lost shall not be counted as part of the four 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 Chorus shall be free, unless the Manager wishes to continue the services of the Chorus and pays him full salary therefor.
Transportation
L. The Manager agrees to pay for transportation of the Chorus when required to travel, including transportation from New York City to the opening point and back to New York City from the closing point, including sleepers. The Manager has the right to put two in a lower berth and only one in an upper berth. The Manager also agrees to pay the cost of transportation of the Chorus's personal baggage up to 200 pounds weight. Sleepers must be supplied for the Chorus for all travel begun before five o'clock in the morning.
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 substituted 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 Association 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 Association 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 entitled 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 rehearsed 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 entitled 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 entitled 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 Saturday night following, shall be deemed one week's notice and such notice effective at the end of Saturday 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 Association. Such consent, if given, shall be upon such terms and conditions as may be considered just and equitable by such Association.
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 municipality 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 entitled 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 Association 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.
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 Association for the right to do so, which right shall be granted if the Actors' Equity Association grants the same right, and shall be granted upon the terms and conditions that are acceptable to the Actors' Equity Association. 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 Association 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 fictitious 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:
1st—The Artist engages the Manager as —— exclusive Business Manager and agrees to remain under his personal charge and supervision for a term of —— years from the date hereof, and in all matters and things connected with the theatrical engagements and motion pictures, or in any wise affecting the rendition of the Artist's services therein, to be governed and controlled exclusively by the Manager's judgment and discretion.
2nd—The Manager accepts the engagement as —— Manager of the Artist as above mentioned and agrees to manage, take sole charge of, supervise and control the development and exploitation of the Artist as an —— in theatrical productions and motion pictures, and to use his best efforts to promote the Artist's interests and enhance the value of —— services. The Manager further agrees to give due publicity to the fact that the Artist is under his personal direction and to render such other services as are customarily performed by the Business Manager of actors or actresses engaged in theatrical productions or in the production of motion pictures.
3rd—The Manager is authorized, on behalf of the Artist and in the Artist's name, to negotiate for and enter into a contract or contracts with theatrical managers and motion picture producers for the services of the Artist at a minimum salary of —— Dollars per week, or for such other compensation as may be mutually agreed upon between the parties. The Artist agreeing to conduct all negotiations through the Manager and to advise him of all calls and offers of employment during the terms of this agreement.
4th—The Manager will receive ten per cent (10%) of all salaries, compensation, earnings or share of profits or receipts accruing to the Artist during the term hereof, or through any contract for the Artist's services made during the term of this agreement, said sum to be payable to the Manager periodically as the compensation of the Artist shall become due and payable, and the Artist does hereby assign, transfer and set over unto the Manager ten per cent (10%) of all compensation for services received during the period of this agreement, and the Artist hereby authorizes and empowers any person, firm or corporation for whom the Artist shall render services as aforesaid, to withhold and pay over to the Manager ten per cent (10%) of all compensation payable to the Artist from time to time as such compensation shall become due.
5th—All advertisements, announcements or publicity relating to the Artist paid for or payable by the Artist shall contain a statement or notice to the effect that the Artist is under exclusive management or direction of said manager.
IN WITNESS WHEREOF, the parties hereto have hereunto set their hands and seals the day and year first above mentioned.
—— (L.S.) —— (L.S.)
In presence of: ——
* * * * *
AGENT'S AGREEMENT
AGREEMENT made this the —— day of ——, 19—, between —— New York City, hereinafter called the Manager, and ——, hereinafter called the "Act."
WHEREAS the Manager is engaged in the business of managing, producing and exploiting theatrical, motion picture and vaudeville enterprises and specialties, and
WHEREAS, the said Manager is acquainted with the producers of theatrical and motion picture enterprises and with persons desirous of obtaining the employment of theatrical and vaudeville specialties, similar to the one owned by the Act, and
WHEREAS, the said Manager has a wide experience and knowledge of the method of staging and producing specialties and theatrical and motion picture enterprises, and also of the duties of a Manager, and
WHEREAS the said Act is engaged in rendering and producing a certain specialty in various cities and is constantly traveling and requires the services of a person to attend to the making of contracts and the proper advertising, correspondence, transportation, music, billing, program and press matters of the said Act;
NOW therefore, in consideration of the premises and the sum of One Dollar by each of the parties to the other in hand paid and in consideration of the mutual covenants herein expressed, it is agreed as follows:
FIRST: The Act hereby employs and engages the Manager to render his services as personal representative and business manager for the Act for a period of —— or, —— from the date hereof, and the Manager hereby accepts said employment, upon the following terms and conditions.
SECOND: The Manager agrees to attend to all correspondence of the Act and to maintain an office at his own expense, which the Act may use, and to arrange and to attend to the details in connection with the transportation, advertising, billing, program and press matters and to attend to the delivery of the same at such theatres as the Act may be engaged to play, and to make and execute in the name of the Act as its personal representative and Manager any and all contracts in connection with the said Act. Also to advertise and exploit and to procure and advertise reports of the said Act and to otherwise popularize the same in such manner and such times as the Manager deems best.
THIRD: The Act agrees to pay the said Manager for his services as such a weekly salary of $—— during each week that the Act may perform at a salary of $—— per week, and less or more than such compensation in proportion to the salary earned by the Act, and to pay the Manager such sums as he may disburse for other things necessary in managing said Act.
FOURTH: The Act in order to secure the Manager the aforesaid salary hereby assigns the amount of such weekly compensation to the said Manager and hereby authorizes said Manager to draw and execute such assignment in the name of the Act and hereby authorizes the managers of the theatres to deduct said compensation and pay the same to the Manager from the money due the Act.
FIFTH: The Act further agrees that the Manager shall be the sole and exclusive Manager and representative of the Act during the said period and that he shall not be required to devote all his time to or with said Act.
SIXTH: The Manager further agrees at his own expense and when necessary to employ employment agent or agencies in order to procure the best employment for the Act and it is agreed that the Manager is not to receive any compensation for procuring employment through said agents or agencies or otherwise.
SEVENTH: It is further agreed that no oral agreement not included herein is binding on the parties hereto:
In witness whereof the parties hereunto have set their hands and seals this —— day of ——, 19—.
It is understood that if the Artist shall play vaudeville the (Signed) —— (L.S.) commission to us shall only be five (5%) per cent. (Signed) —— (L.S.)
In the presence of ——
* * * * *
MANAGERIAL CONTRACT
THIS AGREEMENT made this —— day of ——, 192-, between NED WAYBURN OFFICE, Inc., 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:
1st—The Artist engages the Manager as —— exclusive Business Manager and agrees to remain under his personal charge and supervision for a term of —— years from the date hereof, and in all matters and things connected with the theatrical engagements and motion pictures, or in any wise affecting the rendition of the Artist's services therein, to be governed and controlled exclusively by the Manager's judgment and discretion.
2nd—The Manager accepts the engagement as Manager of the Artist as above mentioned and agrees to manage, take sole charge of, supervise and control the development and exploitation of the Artist as a —— in theatrical productions and in motion pictures, and to use his best efforts to promote the Artist's interests and enhance the value of —— services. The Manager further agrees to give due publicity to the fact that the Artist is under his personal direction and to render such other services as are customarily performed by the Business Manager of actors or actresses engaged in theatrical productions or in the production of motion pictures.
3rd—The Manager is exclusively authorized, on behalf of the Artist and in the Artist's name to negotiate for and enter into a contract or contracts with theatrical managers and motion picture producers for the services of the Artist for such period or periods of time as in his judgment the Manager shall deem wise, at a minimum salary of —— Dollars per week, or for such other compensation as may be mutually agreed upon between the parties hereto, the Artist agreeing to conduct all negotiations exclusively through the Manager and to advise him of all calls and offers of employment during the term of this agreement.
4th—The Manager will receive ten percent (10%) of all salaries, compensation, earnings or share of profits or receipts accruing to the Artist during the term hereof, or through any contract for the Artist's services made during the term of this agreement, or for any renewal of any contract which the manager negotiates during the period of this agreement, said sum to be payable to the Manager periodically as the compensation of the Artist shall become due and payable, and the Artist does hereby assign, transfer and set over unto the Manager ten percent (10%) of all compensation for services received during the period of this agreement, and the Artist hereby authorizes and empowers any person, firm or corporation for whom the Artist shall render services as aforesaid, to withhold and pay over to the Manager (10%) ten percent of all compensation payable to the Artist from time to time as such compensation shall become due.
5th—All advertisements, announcements or publicity relating to the Artist paid for or payable by the Artist shall contain a statement or notice to the effect that the Artist is under exclusive management or direction of NED WAYBURN OFFICE, INC.
IN WITNESS WHEREOF, the parties hereto have hereunto set their hands and seals the day and year first above mentioned.
In presence of
NED WAYBURN OFFICE, Inc., By —— [L.S.] President.
—— [L.S.]
J. THOMAS CO., PRINTERS, CHICAGO
DAILY SCHEDULE FOR ADULT GIRLS
(From Monday to Friday, Inclusive)
At Ned Wayburn Studios of Stage Dancing, New York
1841 Broadway (at Columbus Circle) Entrance on 60th Street
New Classes Start Monday of the First Week of Every Month
A.M. MORNING
9:30 to 10:30 Advanced Class in Acrobatic Dancing.
10:00 to 11:00 Advanced Class in Musical Comedy Dancing.
10:30 to 11:30 Beginners' Class in Limbering and Stretching.
11:30 to 12:30 Beginners' Class in Musical Comedy Dancing.
11:30 to 12:30 Advanced Class in "Tap" and "Step" Dancing.
12:00 to 1:00 Professional Ballet Class.
P.M. AFTERNOON
12:30 to 1:30 Beginners' Class in "Tap" and "Step" Dancing.
1:00 to 2:00 Intermediate Ballet Class.
1:30 to 2:30 Semi-professional Class in Musical Comedy Dancing.
2:00 to 3:00 Beginners' Ballet Class.
2:30 to 3:30 Professional Class in Musical Comedy Dancing.
3:00 to 4:00 Special Conditioning Class—(Reducing, Increasing Weight).
3:30 to 4:30 Professional Class in "Tap" and "Step" Dancing.
3:30 to 4:30 "Special Dance" Ballet Class.
EVENING
5:30 to 6:30 Professional Class in "Tap" and "Step" Dancing.
6:30 to 7:30 Advanced Class in "Tap" and "Step" Dancing.
7:00 to 8:00 Advanced Class in Acrobatic Dancing.
7:30 to 8:30 Beginners' Class in "Tap" and "Step" Dancing.
8:00 to 9:00 Beginners' Class in Limbering and Stretching.
8:00 to 9:00 Beginners' Ballet Class.
8:30 to 9:30 Beginners' Class in Musical Comedy Dancing.
Special classes in "How to Make Up"—"The Ned Wayburn Way"—at 2:30 p.m. on specified Saturdays.
Private lessons in all types of dancing or facial makeup at any time the Studios are open, only by appointment made in advance.
SATURDAY CLASSES FOR CHILDREN
At Ned Wayburn Studios of Stage Dancing, Inc.
1841 Broadway (at Columbus Circle) Entrance on 60th Street
MORNINGS
Junior Class—
(Ages 4, 5, 6 and 7 years)—1 hour only
10 to 11 A.M.—Body Building and Dancing Games.
Intermediate Beginners' Class—
(Ages 8, 9, 10 and 11 years)—2 hours instruction.
10 to 11 A.M. {Technique, Limbering and Stretching {Ballet Work, Deportment, Etc.
11 to 12 A.M. {Ballet Dances (Toe, Classical, Etc.) {Musical Comedy Dances
Senior Beginners' Class—
(Ages 12, 13, 14 and 15 year)—2 hours instruction
11 to 12 Noon {Technique, Limbering and Stretching {Ballet Work, Deportment, Etc.
12 to 1 P.M. {Ballet Dances (Toe, Classical, Etc.) {Musical Comedy Dances
AFTERNOONS
Intermediate Advanced Class—
(Ages 8, 9, 10 and 11 years)—2 hours instruction
1 to 2 P.M. {Ballet Technique {Acrobatic Technique
2 to 3 P.M. {Ballet Dances (Toe, Classical, Etc.) {Tap and Step Dances
Senior Advanced Class—
(Ages 12, 13, 14 and 15 years)—2 hours instruction
1 to 2 P.M. {Acrobatic Technique {Ballet Technique
2 to 3 P.M. {Tap and Step Dances {Ballet Dances (Toe, Classical, Etc.)
THE END |
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