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 Actor the sum of ---- Dollars ($----) each week on Saturday thereof, from and after the date named in Paragraph 2, and until this agreement is duly terminated.
_Duties of the Actor_
4. The Actor 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 Actor herein is a member of the Actors' 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 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 Association 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 Association, 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 Association, except as provided in paragraph 37 of the Rules.
Should the Manager employ any non-member of the Actors' 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 Actor may (the Actors'
Equity Association 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_
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 Actors' 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 ---- ACTOR
REGULATIONS
(To be printed on Independent Standard Minimum Contract)
_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 rehearse four (or five) weeks before the date mentioned in Paragraph 2 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 3 on face of contract hereof on Saturday 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 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 face hereof;
By the Manager giving to the Actor written notice and paying him two weeks' salary.
If, however, previously to giving such written notice and making such payment, the Manager shall have given to the Actor written notice that the play will not be produced or that the Actor will not be called for rehearsals, and the Actor 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 Actor, shall be the amount, if any, by which said two weeks'
salary exceeds two weeks' salary of the Actor under said new engagement.
(2) 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 Actor a sum equal to one week's salary.
_Notice of Termination During Rehearsal_
C. This contract may during rehearsals be terminated as follows:
(1) At any time during the first seven days' rehearsals of the Actor 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 Actor be re-engaged by the Manager for a part which he has previously played, in which event he shall be paid two weeks' compensation; or
(2) Any time after the first seven days' rehearsals of the Actor by the Manager giving written notice to the Actor and by paying him forthwith a sum equal to two weeks' compensation.
(Note: In the above two subdivisions (C-1 and C-2), wherever the word "seven" appears in reference to the probationary period of rehearsals the word "ten" shall be substituted if the Actor be employed in a musical comedy, revue or spectacular production.)
(3) The Actor may cancel the contract by giving written notice and with the same paying to the Manager a sum equal to two weeks'
compensation.
_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.
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 Actor to further compensation, provided he has paid the Actor 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. (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.
(3) It is understood that in every case where the Manager furnishes costumes, if the notice of cancellation of this Contract be given by the Actor, he or she shall reimburse the Manager for the necessary and reasonable expense to which he may actually be put in having costumes altered or rearranged for the successor, and repay for current shoes.
_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 Work_
(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 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.
_Lost Performances_
(I) 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.
(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 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, either party may terminate the contract and the Manager will pay for all services to date and transportation back to New York City.
(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 theatre or theatres.