(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.
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.
_Individual Termination After Opening_
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) 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.
_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 (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_
(L) 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.
(M) 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.
(N) (1) If individual notice of termination is given by the Manager he agrees to pay the Actor in cash the amount of the cost of transportation of the Actor and his baggage back to New York City whether the Actor returns immediately or not.
(2) If this contract is cancelled by the Actor, he agrees to pay his own railroad fare back to New York City and to reimburse the Manager for any railroad fare the Manager may have to pay for the Actor's successor up to an amount not exceeding the railroad fare from New York City to the point where said successor joins the company, whether for rehearsal or for playing.
(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, N-1 and N-2 and elsewhere.
(O) 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.
(P) 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.
[Illustration: "BY THE SOUTH SEA MOON," FOLLIES OF 1922]
RULES GOVERNING MINIMUM STANDARD CONTRACTS
(To be printed on Standard Minimum Contracts)
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 opening at a place different from that of organization, the Manager shall pay the Actor his reasonable living expenses during said rehearsals, except that the Manager shall be allowed two days of free rehearsals in cities within one thousand miles of New York City and one additional day free for each additional one thousand miles or fraction thereof.
4. If the Actor shall absent himself from rehearsals for seven days or more by reason of illness, the Manager may cancel this contract without payment for service to date. The 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 after joining a company, which has opened and is on tour, an Actor is dismissed at rehearsals within the seven day probationary period (provided the seven day probationary period has not already been deleted from his contract) the Manager shall pay to the Actor his transportation both ways and for each day of rehearsal a sum equal to one-fourteenth of the weekly salary agreed upon, said rehearsals to be deemed continuous and to begin not later than the day after the Actor's arrival. In case the Actor is dismissed after the seven day probationary period, the Manager shall pay the Actor two weeks' salary and his transportation 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 that 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 Minimum Standard 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 Actor 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 seven day probationary period would have expired, the Manager shall pay the Actor 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 Actor is entitled to compensation under the preceding paragraph, payment shall be made by the Manager to the Actor not later than three weeks prior to date of opening specified in Paragraph 2 of the main contract.
12. Seven days' rehearsals means seven consecutive calendar days, counting Sunday (when Sunday is used for rehearsals), and said seven days terminate with the dismissal of rehearsal on the seventh day as herein reckoned.
13. If the part of an Actor who shall have been dismissed before the end of the rehearsal on the seventh day shall be cut out, the Manager shall pay to the Actor a sum equal to one week's salary.
14. The Manager shall use reasonable care that his press department shall not announce the engagement of the Actor until after the seven day probationary period, and shall drop the name of the Actor from advertising and publicity matter as soon as is possible after the Actor leaves the company.