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.
_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. The Manager agrees that he has notice that the Chorus herein is a member of the Chorus 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 Chorus is to work only in companies operated by the Manager herein when all members of said chorus of said company or companies are members of the Chorus Equity Association in good standing and continue to be such during the entire term of employment hereunder. And the Manager agrees that the Chorus 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 chorus members in the company in which the Chorus herein is employed, shall be and shall continue throughout the term hereof to be members in good standing of the Chorus Equity Association.
Should the Manager employ any non-member of the Chorus 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 Chorus member may (The Chorus Equity Association consenting) not only terminate this agreement forthwith, but the Manager also agrees to pay the Chorus 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 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 Independent Chorus Equity Minimum Contract, 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 to 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 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_
C. This contract may, during rehearsals, be terminated as follows:
(1) At any time during the first ten days rehearsal of the Chorus, 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 Chorus be re-engaged by the Manager for a Chorus in which he has previously worked, in which event he shall be paid two weeks' compensation; or
(2) Any time after the first ten days rehearsals of the Chorus by the Manager paying the Chorus immediately a sum equal to two weeks'
compensation; or
(3) If this contract be signed and entered into prior to two months of the date mentioned in paragraph 2, by the Manager giving written notice to the Chorus and paying two weeks' compensation.
(4) 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 Chorus a sum equal to one week's salary.
_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.
_Termination by Closing of Play and Season_
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 Chorus to further compensation, provided he has paid the Chorus 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. All hats, costumes, wigs, shoes, tights and stockings shall be furnished the Chorus by the Manager.
_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_
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 Chorus 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 1st, 1924.
_Lost Performances_
I. The Chorus shall travel with the company by such routes as the Manager may direct, and the Chorus 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 Chorus cannot perform on account of illness or any other valid reason, then the Chorus 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 Manager may terminate the contract by paying in cash for all services and transportation of the Chorus back to New York City, including sleeper.
(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 theatres.
_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 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 Chorus shall be free, unless the Manager wishes to continue the services of the Chorus and pays him full salary therefor.
_Transportation_
L. The Manager agrees to pay for transportation of the Chorus when required to travel, including transportation from New York City to the opening point and back to New York City from the closing point, including sleepers. The Manager has the right to put two in a lower berth and only one in an upper berth. The Manager also agrees to pay the cost of transportation of the Chorus's personal baggage up to 200 pounds weight. Sleepers must be supplied for the Chorus for all travel begun before five o'clock in the morning.