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Part 53

The Art of Stage Dancing · Ned Wayburn — chapter 53 of 76 · ~1,369 words · public domain

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(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 Paragraph 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) The Actor herein may play in any benefit performance given by or under the auspices of the Actors' Equity Association. Deputies of said Association will be permitted in each company and a duly authorized representative shall have the right to be on the stage before and after rehearsals and before and after performances, and said Association may represent its members in any dispute which may arise with the managers. Actors will be tentatively engaged on their paid up cards only, which card will be prima facie evidence of membership in said Association until the Manager is otherwise notified.

RULES GOVERNING MINIMUM STANDARD CONTRACTS

(To be printed on Independent 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 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 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.

15. If the Actor is not allowed to work out any notice properly given under his contract the amount to which he is entitled to shall be paid forthwith upon the giving of the notice.

16. The right of the Manager to close a play and company without a week's notice within four weeks after the opening date does not apply to the second or subsequent season thereof.

17. 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 and such notice effective at the end of Saturday week following shall be deemed two weeks' notice.

18. 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.

19. Except in a case of notice given on Monday, as otherwise provided in these rules, a week's notice shall be seven calendar days and two weeks' notice fourteen calendar days.

20. Should the Manager require the Actor to purchase his clothes from a special tailor or shall require exclusive or unique designs or unusually expensive clothes, then the Manager shall pay for such clothes, anything to the contrary in Clause G of the Standard Minimum Contract notwithstanding.

21. The Actor shall be responsible for transporting his own baggage to and from the station or theatre in New York City. The Manager will pay the cost of or reimburse the Actor for such transportation anywhere on Manhattan Island.

22. Should the Citizens' Jury provided for in New York decide adversely to the continuance of a production because salacious or against public morals, the Actor shall forthwith terminate his employment without notice, payment or penalty.

23. Should the production in which the Actor is engaged be complained of as being in violation of any statute, ordinance or law of the United States, any state or any municipality in any state and should a claim or charge be made against the Actor on account of his being engaged in such production, either civil or criminal, the Manager shall defend the Actor at his own expense, or shall pay any and all reasonable charges laid out or incurred by the Actor in his defense, and the Manager agrees to indemnify the Actor against any loss or damage which he may suffer on account of being engaged in any such production.

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