_Notice of Closing_
7. The Manager shall give one week's notice of the closing of the production and company for which the Actor is engaged.
_Duties of the Actor_
8. The Actor agrees to be prompt at rehearsals, to pay strict regard to makeup and dress, to perform the services herein required in a competent and painstaking manner to abide by all reasonable rules and regulations, and to render services exclusively to the Manager from the date of beginning of rehearsals, and not to render services to any other person, firm or corporation without the consent of the Manager.
_Miscellaneous_
9. Lay-offs, unless caused through the fault of the Actor, shall not be counted as part of the guaranteed period.
10. (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, omitting the "Equity Minimum Contract" made a part of said agreement.
_Arbitration_
11. 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 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
_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 three 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 four 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 three on the face hereof.
_Clothes_
B. (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.
_Notices_
C. 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_
D. (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 provided in Paragraph F.
(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.
E. 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.
_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.
[Illustration: PEARL REGAY]
_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.