35. 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 rehearsals.
36. The actor shall be required to work only with a manager who employs members (who are and continue to be members in good standing) of the Actors' Equity Association, exclusively, in his company or companies.
37. The parties have notice that, pursuant to special resolution of the Actors' Equity Association, there is on file at its office an exempt list containing the names of non-members of said Association with whom the actor herein will work, thus creating an exception under paragraph 5 on the face of this agreement. The parties know they may examine this list at any time and therefore know the names of non-members with whom the actor herein will work while the resolution of the Association creating said exempt list continues in force; and the actor is not required to work with any other non-member in any company.
[Illustration: NW]
EQUITY MINIMUM CONTRACT
Standard Form as Agreed Upon by the
_Managers Protective Association, Inc._
and the
_Actors' Equity Association_
(Affiliated with the American Federation of Labor)
115 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.
_To be used with members of the Managers Protective Association, Inc.
only._
AGREEMENT made this ---- day of ----, 19--, between ---- ("MANAGER") and ---- (hereinafter called "ACTOR").
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 Minimum Standard Contract" are also made a part hereof as though printed herein at length.
_Agreement of Employment_
1. The Manager engages the Actor to render services in part of ---- (Here insert name of part; also if Actor is required to understudy) in the play now called ---- (Here insert present title of play) and the Actor hereby accepts such employment 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 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.
_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 Minimum Standard Contract," and except as hereinafter provided are a part hereof.
_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. (a) The Actor's employment hereunder is conditional upon the membership of the companies of the Manager being in accordance with the Equity Association rules, set forth in the agreement between the Actors' Equity Association and the Managers' Protective Association, Inc., dated May 12, 1924, and the Actor shall not be required to work hereunder in violation of any such rules. Should at any time the membership of 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 paragraphs "SEVENTH" or "EIGHTH" of said agreement, the Actor shall at his option, provided the Actors' 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 Actor through and with the consent of the Actors' 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 the Managers' Protective Association, Inc., 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 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 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 the 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;
(a) 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