The Art of Stage Dancing: The Story of a Beautiful and Profitable Profession · Ned Wayburn

L. The Actor herein may play in any benefit performance given by or

Chapter 6 of 12 · 10 min read

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