The fire laws require a fireproof curtain, which is on the outer or audience side of the two or more curtains that hang on the stage side of the proscenium arch. Next to this asbestos affair is the "act curtain," that raises and lowers, and is usually painted on fire-proofed or heavy duck canvas. There may be used instead or in addition to the act curtain, what is known as a tableau curtain, that works in a traveler above, which can be drawn straight off stage, both ways, parting in the middle, or be pulled to a drape at each side. This is always made of material and sometimes painted in aniline dye; if painted in water color or oil it would crack.

proscenium

Proscenium Arch, the Frame of the Stage Pictures

stage diagram

Diagram of a Modern Theatre

There is never any curtain in front of "the arch" or proscenium. The footlights and the apron are in front of the fireproof curtain. The apron may be deep or shallow, and at its front edge is the footlight trough and a masking piece, fireproof always, to shield the eyes of the audience and reflect the footlights onto the stage. The footlights follow the front curvature of the apron, when it is curved, as is usually the case, although many of the modern stages have no apron at all, the footlights running in a straight line across, sometimes within a foot of the fire curtain.

The stage itself extends from the curtain line to the back wall of the theatre, and from left wall to right wall. Under the roof of the stage, anywhere from sixty-five to ninety feet above the floor, there is a horizontal lattice work of steel or iron covering the entire spread of the stage, and known as the gridiron. The space on top of the gridiron is called the rigging loft. The roof of the stage over the rigging loft is a huge skylight, opened or closed from the stage. The skylight is made light-proof for matinee performances. On the gridiron are rigged the blocks and pulleys through which pass the lines attached to all the scenery that goes up in the air, or "up in the flies," which is the name given the space between the top of the proscenium arch and the gridiron. To take scenery up, is "flying it," in stage language, leaving the sight of the audience; whatever goes up "flies," and whatever is carried off to one side or back is "struck." The stage manager, when he wants the scene taken away, gives the order "strike" to the stage hands, or "grips," as they are called, who are on the stage level, and he pushes a button for the head-flyman in the "fly-gallery" to fly whatever scenery goes up.

Grand Ballroom

GRAND BALL ROOM IN NED WAYBURN STUDIOS

There is a "fly-gallery," as it is called, usually ten to fifteen feet wide, some twenty-five to thirty-five feet above the stage level and extending from the front to the back walls of the stage on one side, against the side wall, usually of steel and concrete. Then there is the "paint-bridge," perhaps five feet wide, extending across the stage at the back wall from side to side, on a line with the "fly-gallery." Sometimes there is a "paint-frame" attached to the back wall on which scenery is painted. It is movable up and down. Sometimes twenty to twenty-five feet above the stage level is a light-gallery, on each side of the stage running parallel to the fly-gallery, but under it. These galleries are for the purpose of holding calcium lights and operators. Running from the back wall of the stage to the proscenium wall all the way of the fly-gallery on the front edge nearest the stage is the pin-rail, very strong and imbedded in the wall front and back of the stage; it holds all the scenery that goes aloft. When the scenery is raised, the "lines," as the ropes or cables are called in stage language, are pulled down and tied off to this "pin-rail." These lines attached to the scenery are usually in sets of three, sometimes four, and extend straight up through the blocks in the gridiron and across the gridiron down to the pin-rail in the fly-gallery. As they are usually fastened to three or four different points on each piece of scenery they are necessarily of three or four different lengths, but the lines are tied and handled as one at the pin-rail, and pulled all together. In a set of three lines, the line nearest the pin-rail is called the "short line," the next one the middle line, the far one the long line. "Trim it," you hear the order given. This means to "level" whatever piece of scenery it is. "Tie it off" is the way they direct that the lines be made fast to the pin-rail. In rainy or damp weather the ropes get longer; in dry they shrink; then it is necessary to "trim the drops," letting out the lines and tying them over before the performance. This is done under the direction of the master mechanic or stage carpenter. Often there is a counterweight or bag attached to the lines above the fly-gallery to help carry the weight of the heavy scenery as it is sent aloft to its resting place in the flies, out of sight of the audience and out of the way of everybody on stage.

The various drops are known on the stage as "solid," "cut" or "leg" drops. Borders about forty feet long by twelve feet deep, hung horizontally, mask in the top of all scenery, and hide the "flies" from the audience on the lower floor, and may be interior, exterior, foliage, straight, arched, or sky borders (plain blue). In troughs hung across the stage by steel cables from the gridiron, their height regulated from the fly-gallery, are the various border lights, each usually in three circuits, red, white and blue. These are hung at intervals of about six feet, the first being about that distance back of the act curtain and the others spaced about every six feet to the back wall of the stage. On the average practical modern stage there will be anywhere from four to seven border lights. On the stage, between the curtain line and first border light, are the first entrances, known as left first entrance and right first entrance. The right and left of the stage are always the dancer's right and left as she or he faces the audience. About six feet back of this is located the second entrance, and about each six feet interval is a successively numbered entrance, as "third entrance," etc. In a "full-stage" setting the last entrance to the rear is called "upper entrance." A scene in the space covering the entire first entrance is spoken of as being "in one"; in the second entrance, "in two." When one passes out of sight of the audience he is "off stage." The various entrances and exits are designated in writing and print by characters that carry their meaning plainly, as RUE (right upper entrance), L2E (left second entrance). So, too, with spoken directions on the stage. When you are told to "exit LUE," for instance, you are supposed to know that you are to go off stage at the left upper entrance. No one in the theatre ever speaks of standing "in the wings"; always it is "in the entrance."

The prompt side in a theatre is usually the left first entrance, though sometimes it is on the other side, where are located the electric switchboard controlling every light in the building, under the personal direction of the chief electrician, and a series of buttons above a shelf or prompt desk attached to the wall about the height of a bookkeeper's desk, where the stage manager makes his headquarters during each performance, the stage manager being like the captain or skipper of the ship. All signals are given by the stage manager, the buttons usually placed immediately above or at one side of the prompt desk, within easy reach controlling buzzers, lights or bells that tell as plainly as shouted words could do what is to be done and who is to do it. Sometimes lights flash to give directions and warnings, instead of the buzzer sounding. Every action of the stage hands below and aloft is directed in this manner from one central point of control by one master mind, the stage manager of the show.

The orchestra usually has a music room of its own somewhere under the stage or in the cellar of the theatre, where the musicians congregate before the performance and during their "waits." A buzzer or bell warning to them is said to "ring the orchestra in," and they are usually allowed about three minutes to get into their places in the orchestra pit after it sounds. There is also a "drop" signal buzzer or light to give the head flyman in the fly-gallery the signals that indicate when to raise and lower certain "drops," or hanging pieces. A bell would be heard by the audience and detract from the performance. A curtain buzzer or light gives the "warning" and "go" signals to the stage hands in the fly-gallery who are called "flymen," for raising and lowering the curtains or other scenery, like "drops," "borders," and any other pieces of scenery that have been "hung" to fly. In some modern theatres the switchboard and its operator are raised some ten feet above the stage. In such a case a buzzer signal from the stage manager's prompt desk directs the manipulation of the lights for the guidance of the chief electrician in his elevated perch, these signals being given at a certain "cue" in the performance, and he knows from his cue sheet, always before him, just what lights are required on each succeeding cue.

Stage dressing rooms are by law required to be separated from the stage proper by a permanent wall. Access to them is usually found near the front wall of the stage, seldom along the back wall. In modern city theatres dressing rooms are in tiers, as in the New Amsterdam Theatre, New York, where there are seven floors of dressing rooms reached by a private elevator used for no other purpose. The modern stage dressing rooms in city theatres have every known arrangement for comfort, sanitation and convenience.

Stage artists have no business in the front of the house, nor, conversely, have those whose employment is in the front of the house any business on the stage. Both keep their separate places at all times. Artists are always required to enter and leave the theatre through the stage door. All first-class managers forbid the artists to be seen in "the front of the house." Members of the company usually are required to report for matinee performances about 1:30 P.M. and for evening shows about 7:30 P.M., but always before the "half hour" is called, which is thirty minutes before the overture is played. The stage watchman, known as the stage door tender, is always at the stage door before and during a performance and permits none to pass in who are not directly connected with the stage end of the theatre, the day stage door tender being on duty usually from 7 A.M. to 7 P.M., and the night stage door tender from 7 P.M. to 7 A.M. The night watchman goes his rounds regularly throughout the night at required intervals, registering on a time-clock from different stations throughout the theatre building; all outer doors and windows are locked about one-half hour after the evening performance.

No messages, calls, telegrams or information of any character from outside is permitted to enter the theatre for any actor or actress who is inside and hence secluded from all outside contact and purely in the realm of the playhouse. This and absolute exclusion of all interlopers is one of the strictest rules of the theatre, and woe to him who attempts its violations, or to the doorkeeper who permits it. Any messages received are given to the artist after the performance. No person who is not a member of the company should ever be permitted to visit a dressing room during a performance, only afterwards; such a contact takes the mind of the artist off her or his work.

Men who have obtained wrong ideas about members of the theatrical profession and have boldly sought to force their presence onto the stage have been summarily dealt with before now—and in some cases I have helped in the good work myself. Sometimes, after the performance, relatives, friends or escorts are permitted to enter the stage door and there await the street-clad and departing performers. But strangers and would-be "stage-door Johnnies" are always barred out.

There is no "green room" in the modern American theatre. We have all read about a meeting place in the rear of the stage that went by this title in the old English novels and biographies. They may exist still in some foreign theatres, I am not sure—but I doubt it. What I am sure of is that the American stage is sacred to its artists, principals and subordinates alike, and to its stage manager and the stage hands who keep things moving behind the curtain line.

It is a business and not a game. A theatrical life is taken seriously by all who wish to succeed in it. No triflers need apply nowadays.

After every performance the stage is cleared of all obstacles, scenery and everything else. The last member of the company out of each dressing room is required to put the light out, lock the dressing-room door and leave the key to the room with the stage door tender who is held responsible for the contents of the rooms. The act curtain and the asbestos curtain are raised. A single electric bulb or pilot light on a portable iron stand about three feet high is placed centre of the stage near the footlights, and casts its beam across the stage and throughout the auditorium. The show is over and the fire-laws are obeyed.

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Marilyn Miller

MARILYN MILLER

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MAKING A NAME

ONE may see big electric signs carrying bright-light messages similar to the above placed conspicuously over theatre entrances in all cities of any magnitude. Such signs convey to the passing populace the interesting information that here is located a certain play, and also that in this play a certain person appears as a main attraction.

Now to the passerby whose knowledge of things theatrical is merely cursory, scant or non-existent, the two signs given above may have exactly the same meaning, bear the same message in both cases. But to all those "in the know" as to stage matters the two signs tell two entirely different stories, and the location of the names of the play and the actor convey important information in the theatre code that the wise ones interpret at a glance.

Here are the two readings as the stage-wise render them, and when I have told you about this you will catch the point at once and ever after be able to "read the signs" with a clear conception of their import:

The name at the top of each sign is "starred"; the other is "featured." In one, the play is given the star position and Miss Miller is featured; in the other, Marilyn Miller is starred and the play featured.

"Well, what of that?" you ask.

Just this, and here is where the importance of it all comes in:

The one that is starred carries the burden of the success of the show. If the play is starred, its failure does not reflect on the person featured; but if the actor is starred and failure follows, the actor and not the play is considered responsible, the actor not having proven a magnet, not having drawn business on the strength of his or her name. The personal difference to the actor is really very great, yet "to star" is the actor's great ambition. No one should ever be starred unless popular enough to attract plenty of patronage and thereby insure "packed houses."

This applies not alone in the signs over the door, but also in all the theatre's publicity. Pick up today's newspaper, and look at the stage announcements. "Mary Pickford in—" you don't care what the play is when you see the star's name. The star carries the play, in such a case. "Rose-Marie, with Mary Ellis and William Kent." You are glad to go and see the featured pair, but in this case the play is given the star position, it having registered success, the profits from this musical play having been as high as $18,000.00 per week during its run in one New York theatre.

Now the point of all this, that has to do with the stage dancer, is, "How did Marilyn Miller get a name that entitled her to this conspicuous exploitation, and how can I go about it to become equally well-known and famous, myself?"

You are wise to ask this question seriously early in your stage career, and if you have or develop the quality that makes for stardom you can read this chapter with confidence that it is an accurate and correct account of how many a stage celebrity has progressed from an unknown and unheralded place in the theatrical world, to one where Broadway producing managers have solicited the privilege of elevating her or his name over the doors of their playhouses.

Bear in mind that your name is to you what a trademark is to a manufacturer. And, to continue the analogy, you cannot establish a name in a day or two, any more than the manufacturer can make his trademarked goods universally known in a short period.

You are starting out now with the laudable ambition to make a name for yourself, and have still to seek your first engagement. You know your dances, are continuing your practice, and have confidence in your ability to make good.

Don't hurry to get yourself before any producing manager until you have had a little experience in some hideaway place, like at a church or charity benefit performance, some local entertainment, or club affair, anything of this nature, that will enable you to try yourself out before a small or friendly audience, test your ability to overcome stage fright, and get hold of yourself before a crowd. Having done this away from Broadway and gained assurance, then an appearance in some regular theatre, preferably at some benefit performance, usually given Sundays, should come next, where the dancer is sure to be seen by someone who has the authority and position to offer an engagement. Any sort of an engagement with a reputable management is a good beginning and should be accepted without expectation of a fancy salary, an opportunity being what one always needs in order to prove one's ability.

If you do not succeed in creating a demand for your services at appearances like this, do not become discouraged; make up your mind to keep on trying until you do attract the attention of the right manager. Always be willing to make any sacrifice as far as remuneration is concerned for an opportunity to appear to advantage, and be everlastingly grateful to whoever gives you your first opportunity, or foothold which enables you to establish yourself.

Send a brief letter to the offices of various managers announcing your forthcoming appearance. Enclose a good full-length photograph, preferably in stage costume, the best you can afford, i.e., taken by the best photographer you can get. Some of these managers or their representatives will be there and see your performance. Be sure you are "making good" before you try to interest any of the big managers. It is better for you to be seen by the manager before an audience than in an empty theatre.

Be satisfied to make a small beginning for the experience, provided you get a chance to do your best dance. This will help you establish yourself, but it is going to take a long time to prove your ability. Travel, and make territory for yourself. Go in a vaudeville act, if offered such an engagement. Keep on "small time" for a year, if necessary, and get your name known in a certain territory for a pleasing entertainer. Get on with some act, big or little, as a solo dancer, at a reasonable salary, and expect the first two weeks to be at half salary, as is usual. Do not demand a large salary until managers are clamoring for your services—make it an inducement for someone to employ you in the beginning.

When you start on a road tour your first inquiry of your company manager will be for a "copy of the route." You want to know where you are going, what towns your itinerary takes you to, so that friends can be advised in advance of your location day by day, and letters and communications reach you with certainty.

Demi-Tasse Revue

ONE SCENE FROM NED WAYBURN’S “DEMI-TASSE REVUE.”

To the trouper, a town is a "stand." A week's showing in a place is spoken of as a "week stand"; the first and last half of the week is each a "three-day stand," or "four-day stand," or the "first" or "last-half." Then there is a "two-day stand" and a "one-night stand," which are self-explanatory. A "run" is a greater period than a "week stand," and you hear of a "two-week run," an "eight-week run," "six months run," and "one year run," etc.

There is a solid season, a theatrical year of forty weeks, of travel, experience and development, beginning about Labor Day and ending about Decoration Day, and a summer season beginning about the first Monday in June and ending about the last Saturday in August. Your work and progress is being watched unknown to you at every performance. The manager back home finally knows all about your work through "reports" which are kept in the main booking office and to which he and all other managers on his particular circuit have access.

Now you are ready to try for something bigger and better, ready for "big time" vaudeville, perhaps in your own act; if not that, then in someone else's act. Your second year's advancement is based on the weekly report that has been sent to headquarters regarding your reception by the public and the way in which your act has got over. Big time may mean Chicago, Boston, Philadelphia, and any or all the larger cities on the various "circuits." It may include the Keith-Albee Palace Theatre in New York, the Mecca of all vaudeville artists. It is at the Palace that you know you and your act are seen by every revue, musical comedy, or dramatic manager, casting director whose business it is to pick and engage artists.

There is no school like vaudeville for the dancer, singer, actor or actress in any line of musical work. Most of the brightest stars in the theatrical firmament have graduated from vaudeville into greater things, and many of them return to the vaudeville stage for a flier now and then. It is there that you come in contact with different wise audiences in different cities and learn how to handle them. You watch your fellows in their various acts, note the bills as they change every week, or usually twice weekly, and your audience with them. You are in two, three or four shows a day in your short time, and learning how to get over better at every show. The vaudeville audience knows what's what. You can't fool them. You've got to do your best for them all the time—and you will, or you will not remain in vaudeville, where you have to "make good" every performance. It is an invaluable experience, your first stage years, and you will gather lasting benefit from your active vaudeville appearances. You must not complain of the number of shows you are required to give daily—the more you give the more practice you get before a paid audience, and remember you are gaining experience while being paid for it.

You may follow a season of this with a road show over your former territory another year, and you will find your old friends in the audience ready to boost you. You are on the right road to the "making of a name," which after all is what you are after. For although they will not remember your name yet, if you really pleased them they will remember your offering; about your third trip around they will learn your name and never forget it—provided you "make good." If you fail, the audience will forget you; but not the manager. Once you fail in his opinion, he will never forget or forgive it. He will never give anyone who fails a second chance. That is "show business."

Your fourth year should find you in a New York production in some good company. For New York is always the objective point, since the best and most opportunities are always there. There follows naturally a year on the road in the same company, as the show abandons New York for a tour of the larger cities. Always make the road trip in order to create territory for yourself, to establish a following, to make a still bigger name and demand for you, which means a larger salary eventually. You are sufficiently established now, after five successful years, to be able to expect another New York engagement, under the same management in all likelihood but with a new vehicle. This New York engagement and another year on tour with the same play puts you seven years along the way to a name in the big lights, and your name has been growing day by day, until it is now known in good territory, and consequently, through wise exploitation—publicity—it has become a magnet and attracts patronage.

When the time comes that your name is to go up in front of the theatre, choose to be featured at first rather than starred. If anything must fail, let it be the show, and not you. Don't risk failing to "draw business" to the box office.

There will come a time somewhere along in your progress to fame when you will need a business manager or an agent versed in all matters of a theatrical nature, favorably known to all the large producing managers, and able to advance your fortunes materially by protecting and looking after your interests. He is entitled to receive ten percent of your earnings from whatever source, and the services he can render you are well worth it.

Nearly every successful actor and actress has a manager. Stage celebrities have not the time, let alone the experience and ability, to promote their own business interests, watch for opportunities to secure the choice engagements, and attend to the very necessary publicity and negotiations for contracts for the future. The reputable agent or artist's manager is always on the ground and in touch with the best managements and things theatrical daily. But no such representative worth while will bother with you until you have made good.

The best artist managers or agents know in advance what is being planned for the coming theatrical season. They are in close contact with the very high-ups in the theatrical world, men whose contracts you hope to sign on the dotted line soon. A good agent may save you several years' time in advancing to a stellar position. He knows the value of publicity, which often is half the battle in getting yourself before the public. You must have publicity, whether or not you secure a representative to attend to it for you. Interesting newsy stories about you, with effective art studies of yourself in costume accompanying them, are gladly accepted by many newspapers and magazines. The rotogravure sections of Sunday papers contain many pictures of theatrical folks. A beautiful picture will usually carry a story, and you are wise to get a few good ones rather than many cheap prints. Every first-class theatre has its own press agent, and every production of any size its own press representative. Both are glad to coÖperate with you if you have real ability, and help you with the preparation of your stories and photographs and getting them into the daily newspaper. There are also many publicity concerns who make it a business to keep your name and picture in the public eye at a moderate charge. But you must be able to make good first. Neither publicity nor anything else will avail to establish a permanent name for you unless you are prepared to deliver the goods. Duds and dumb ones never make a big noise in the world. There is no star name awaiting the inferior person in this profession. All the front-page publicity in christendom won't do the trick if you haven't back of you real talent and something the public is clamoring for. And you cannot hope to fool the wary producer by any false representation or exaggerated claims.

You are not wasting your time while on the way to the bigger things. Seven years may seem a long time to wait, but you are not starving on the way, and you are really not "waiting" at all. You start with a reasonable salary that advances from year to year and engagement to engagement, as you deserve it. You must build all the way on solid rock, then the structure that you finally rear, because of its firm foundation will endure forever.

Build up a public interest in yourself if you expect any producing manager to pay you what you are worth. Perhaps he will never pay you what you think you are worth, but if you bring money into the house he knows he must pay you well in his own interest. And believe me, he knows whether you are an asset or a liability to his show. You have simply got to prove to the box office that you are producing—not stage money—but the real stuff.

There is such a thing in stage lingo as an "overnight hit." Someone suddenly "stops the show" in a town; that is, gets an unusual number of recalls. But wait a while before you decide that you are ready to star on the strength of that. Your next audience or the audience in the next town may not be so enthusiastic over your act. An "overnight hit" is seldom continued beyond the single performance. It is pleasant while it lasts, but it doesn't last long. You must perform consistently and "make a hit" at every performance, with every audience.

Be patient, you who would star and see your name go up in the bright lights on the Great White Way. Do not get discouraged. You will meet with obstacles on the route to fame undoubtedly, as others have done, and, like the others who have finally arrived, you must overcome them one at a time as they appear, by sheer force of willpower, determination, pluck or whatever you desire to call it. If you are a weakling and lack strength of character do not ever take up a stage career, for you will get many a bump; so be prepared to stand it. For only those who are determined to succeed will ever reach the top, where there is plenty of room always.

NW logo

NW logo

MARILYN

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Rita Howard

RITA HOWARD

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I want my pupils to know in advance just what a proper stage contract looks like, how it reads, and what they will be called upon to sign as "party of the second part" when the hoped for time comes that their dances are to have public presentation on the professional stage.

To this end, I reproduce here the wording of various forms of approved contracts now in general use by American Theatrical managers, and commend their reading to all who are interested in the intimate side of stage affairs.

The theatrical law requires that a chorus girl or boy be paid not less than $30.00 per week in New York City and $35.00 outside of New York, besides their transportation. This is the lowest salary. All first class managers pay choristers not less than $40.00 per week in New York and $50.00 on the road. The salary always includes transportation, but not living expenses, which you are required to pay.

Some chorus girls receive as much as $75.00 or $100.00 weekly, depending upon what they can do, their appearance, personality, etc. About the smallest salary ever offered a solo dancer with a vaudeville act would be $50.00 in New York and $60.00 on tour, while the majority of solo dancers without name or reputation would receive $75.00, $85.00 or $100.00 per week, to start, provided they really can do a real dance in a professional manner and "put it over" with some personality. One who receives $100.00 per week in New York should receive $125.00 on tour. After one's salary reaches $125.00 per week it can be increased on a sliding scale to $150.00 and $175.00 on tour, then $200.00 in New York and $250.00 on tour. From $250.00 to $300.00. After reaching $300.00 it generally jumps to $400.00, from $400.00 to $500.00, after that to $750.00, then $1000.00 to $1250.00, thence to $1500.00 a week, and then to ten percent of the gross receipts, usually a star's contract, though contracts and terms vary. A salary is fixed for one theatrical year and usually increased each year as indicated, but is never increased at all unless there is a demand for your services by reason of the fact that you have made a "hit" and registered genuine success.

CINDERELLA—Your Name

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Transcriber's Note: In the following contract forms, the original has rows of dots representing the blanks to be filled in. In this e-book, each set of dots has been replaced with a long dash (——).

FORM—IND: E.M. NO. 3

THIS CONTRACT MUST NOT BE ISSUED TO THE CHORUS

EQUITY MINIMUM CONTRACT

Standard Form issued by the

Actors' Equity Association

(Affiliated with the American Federation of Labor)

45 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 by "Independent" New York Managers and others playing same class of attractions.

AGREEMENT made this —— day of ——, 19—, between —— ("MANAGER") and —— (hereinafter called "ACTOR").

Regulations and Rules Over Leaf

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," on the pages following, and except as hereinafter provided, are a part hereof.

Agreement of Employment

1. The Manager engages the Actor to render service 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.

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. The Manager agrees that he has notice that the Actor herein is a member of the Actors' 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 Actor is to work only in companies operated by the Manager herein when all members of said company or companies are members of the Actors' Equity Association in good standing and continue to be such during the entire term of employment hereunder. And the Manager agrees that the Actor 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 actors in the company in which the Actor herein is employed, shall be and shall continue throughout the term hereof to be members in good standing of the Actors' Equity Association, except as provided in paragraph 37 of the Rules.

Should the Manager employ any non-member of the Actors' 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 Actor may (the Actors' Equity Association consenting) not only terminate this agreement forthwith, but the Manager also agrees to pay the Actor 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 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 Independent 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 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;

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

(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.

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.

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) (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, either party may terminate the contract and the Manager will pay for all services to date and transportation back to New York City.

(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 theatre or 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 (or five, as the case may be) weeks' rehearsal period herein provided. After the fourth (or fifth, as the case may be) 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 it is 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 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 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 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.

Corridor

A THIRD FLOOR CORRIDOR

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.

This rule shall not apply to any case or any set of conditions where its enforcement would be illegal or against public policy.

24. The Manager shall have the right to lay off his company the week before Christmas and Holy Week. Should such lay off take place the Manager shall not during said lay off period be entitled to the services of the company except for a run-through rehearsal on the day of re-opening, and except further that additional rehearsals may be allowed by the Actors' Equity Association in case of illness of the star or prominent member of the company or change of cast.

25. If in any production the star or featured member of the cast shall be ill and a lay off shall take place on that account, Actors receiving less than $100.00 weekly (but no others) shall be paid by the Manager an amount equal to their board and lodging for the first week. If said lay off continues beyond one week, half salaries shall be paid to the entire company for each day the Actors are retained up to and including two further weeks. From and after the beginning of the fourth week the Manager shall either pay full salaries to all members of the company or may abandon the production.

26. When understudies are employed or there is a change in the cast, announcement shall be made to this effect, either by a slip in the program, or by announcement from the stage at the rise of the curtain, or by conspicuously posting a notice to that effect a reasonable time before the rise of the curtain, at the box office.

27. In case after the opening of the play and after at least two weeks' employment, the Manager shall desire a lay off for the purpose of re-writing or making changes in the cast or any other reason deemed sufficient by him, he may apply to the Actors' Equity Association for the right to do so. If the Association agrees to such lay-off it may do so upon such terms and conditions as may seem equitable to it under the circumstances. But in any event if a change or changes in the cast is made the Actor or Actors dismissed and not employed upon the renewed run of the play shall be paid at least one week's additional salary.

28. Musical comedies, revues or spectacular plays shall immediately after a New York run be allowed one day's lay off before the opening in either Boston or Chicago. This does not apply to premieres, i.e., original openings in those cities.

29. Should the Actor deem that he has any claim against the Manager under his contract he shall present the same to the Actors' Equity Association or to the Manager or both within two months after the time when such claim has arisen, unless he shall give to the Board of Arbitration good and sufficient reason for any delay after such period of two months.

30. Should either party give the other any notice under his contract which terminates the same at any future date and should the Actor have or secure a new engagement he shall be permitted to attend the rehearsals under the new engagement as may be necessary and as do not conflict with his performances under his then existing contract.

31. The actual salary of the Actor agreed upon shall be stated in the contract and a lesser or fictitious salary shall not be stated in the contract.

32. Unless special consent otherwise is given by the Manager, understudies shall be present at each performance.

33. "Tryouts" during May, June and July are permissible where the Manager agrees to pay and pays one week's salary for two weeks' rehearsals and an additional half week's salary for each additional week of rehearsal, one week's salary to be guaranteed. Payment for part of a week's rehearsal shall be pro rata.

34. Sunday performances referred to in "Regulations," under Subdivision 4 of Paragraph H, are regular dramatic and musical productions and do not include vaudeville, recitals, concerts and the like.

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.

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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

(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.

By the South Sea Moon

“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.

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 the 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 purchasing 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.

This rule shall not apply to any case or set of conditions where its enforcement would be illegal or against public policy.

24. The Manager shall have the right to lay off his company the week before Christmas and Holy Week. Should such lay off take place the Manager shall not during said lay off period be entitled to the services of the company except for a run-through rehearsal on the day of re-opening, and except further that additional rehearsals may be allowed by the Actors' Equity Association in case of illness of the star or prominent member of the company or change of cast.

25. If in any production the star or featured member of the cast shall be ill and a lay off shall take place on that account, Actors receiving less than $100.00 weekly (but no others) shall be paid by the Manager an amount equal to their board and lodging for the first week. If said lay off continues beyond one week, half salaries shall be paid to the entire company for each day the Actors are retained up to and including two further weeks. From and after the beginning of the fourth week the Manager shall either pay full salaries to all members of the company or may abandon the production.

26. When understudies are employed or there is a change in the cast, announcement shall be made to this effect, either by a slip in the program, or by announcement from the stage at the rise of the curtain, or by conspicuously posting a notice to that effect a reasonable time before the rise of the curtain, at the box office.

27. In case after the opening of the play and after at least two weeks' employment, the Manager shall desire a lay off for the purpose of re-writing or making changes in the cast or any other reason deemed sufficient by him, he may apply to the Actors' Equity Association for the right to do so. If the Association agrees to such lay-off it may do so upon such terms and conditions as may seem equitable to it under the circumstances. But in any event if a change or changes in the cast is made the Actor or Actors dismissed and not employed upon the renewed run of the play shall be paid at least one week's additional salary.

28. Musical comedies, revues or spectacular plays shall immediately after a New York run be allowed one day's lay off before the opening in either Boston or Chicago. This does not apply to premieres, i.e., original openings in those cities.

29. Should the Actor deem that he has any claim against the Manager under his contract he shall present the same to the Actors' Equity Association or to the Manager or both within two months after the time when such claim has arisen, unless he shall give to the Board of Arbitration good and sufficient reason for any delay after such period of two months.

30. Should either party give the other any notice under his contract which terminates the same at any future date and should the Actor have or secure a new engagement he shall be permitted to attend the rehearsals under the new engagement as may be necessary and as do not conflict with his performances under his then existing contract.

31. The actual salary of the Actor agreed upon shall be stated in the contract and a lesser or fictitious salary shall not be stated in the contract.

32. Unless special consent otherwise is given by the Manager, understudies shall be present at each performance.

33. "Tryouts" during May, June and July are permissible; the actor to receive employment commencing with the opening date for at least one-half the time spent in rehearsals; minimum employment one week.

34. Sunday performances referred to in "Regulations," under Subdivision 4 of Paragraph H, are regular dramatic and musical productions and do not include vaudeville, recitals, concerts and the like.

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.

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FORM I.R. NO. 1

THIS CONTRACT MUST NOT BE ISSUED TO THE CHORUS

Actors' Equity Association

(Affiliated with the American Federation of Labor)

45 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.

RUN-OF-THE-PLAY

STANDARD CONTRACT

For Independent New York Managers and others playing the same class of attractions

AGREEMENT made this —— day of ——, 19—, between —— (hereinafter called "Manager") and —— (hereinafter called "Actor").

The REGULATIONS and RULES contained on the reverse side are a part hereof as though set forth on this page in full.

Agreement of Employment

1. The Manager hereby hires the Actor to render services, as such in the part of ——, in the play hereinafter mentioned, and the Actor hereby accepts the said engagement; such hiring to be subject to the terms hereinafter set forth.

Period of Employment

2. The term of employment shall be the Run of the Play now called —— during the season of 19— 19— which said season is agreed to BE THE PERIOD BETWEEN THE FIRST DAY OF SEPTEMBER AND THE FOLLOWING FIRST DAY OF JUNE.

Opening Date

3. The date of first public performance shall be the —— day of ——, 19—, or not later than fourteen days thereafter.

Employment hereunder shall begin upon the date of beginning of rehearsals, which date shall be not earlier than four weeks prior to the date of first public performance.

Compensation

4. The Manager agrees, as compensation for services hereunder, to pay the Actor from and after the date named in Paragraph 3 and continuing for and during the run of the production for which the Actor is engaged, the sum of —— Dollars ($——) each and every week (on Saturday).

Guaranteed Period

5. The Manager agrees and guarantees that under this contract he will give the Actor not less than —— consecutive weeks' work, commencing with the date of the first public performance, and pay him therefor.

Rehearsals

6. The Actor, 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 Actor, on Saturday of that week, at the rate of the full salary mentioned in paragraph four.

Rehearsals shall be considered to be continuous from the date of the first rehearsal to the date of the first public performance of the play as provided in paragraph three.

If the above play is a musical play, or a spectacular production, then, wherever the word "Four" appears in this paragraph and in paragraph three the word "Five" shall be substituted.

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. If the blank in paragraph five is not filled in, and no guaranteed period is agreed upon, the Manager agrees that this contract shall call for a minimum guaranty of two weeks' employment from the date named in Paragraph three hereof.

11. The Manager agrees that he has notice that the Actor herein is a member of the Actors' 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 Actor is to work only in companies operated by the Manager herein when all members of said company or companies are members of the Actors' Equity Association in good standing and continue to be such during the entire term of employment hereunder. And the Manager agrees that the Actor 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 actors in the company in which the Actor herein is employed, shall be and shall continue throughout the term hereof to be members in good standing of the Actors' Equity Association, except as provided in paragraph 24 of the Rules.

Should the Manager employ any non-member of the Actors' 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 Actor may (the Actors' Equity Association consenting) not only terminate this agreement forthwith, but the Manager also agrees to pay the Actor 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

12. 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

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.

Belle Baker

BELLE BAKER

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 otherwise 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.

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.

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. 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

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 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 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.

10. Should the Manager require the Actor purchasing 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 B of the Standard Run of the Play Contract notwithstanding.

11. 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.

12. 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.

13. 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.

This rule shall not apply to any case or any set of conditions where its enforcement would be illegal or against public policy.

14. The Manager shall have the right to lay off his company the week before Christmas and Holy Week. Should such lay off take place the Manager shall not during said lay off period be entitled to the services of the company except for a run-through rehearsal on the day of re-opening, and except further that additional rehearsals may be allowed by the Actors' Equity Association in case of illness of the star or prominent member of the company or change of cast.

15. If in any production the star or featured member of the cast shall be ill and a lay off takes place on that account, Actors receiving less than $100.00 weekly (but no others) shall be paid by the Manager an amount equal to their board and lodging for the first week. If said lay off continues beyond one week, half salaries shall be paid to the entire company for each day the Actors are retained up to and including two further weeks. From and after the beginning of the fourth week the Manager shall either pay full salaries to all members of the company or may abandon the production.

16. When understudies are employed or there is a change in the cast, announcement shall be made to this effect, either by a slip in the program, or by announcement from the stage at the rise of the curtain, or by conspicuously posting a notice to that effect a reasonable time before the rise of the curtain, at the box office.

17. In case after the opening of the play and after at least two weeks' employment, the Manager shall desire a lay off for the purpose of re-writing or making changes in the cast or any other reason deemed sufficient by him, he may apply to the Actors' Equity Association for the right to do so. If the Association agrees to such lay off it may do so upon such terms and conditions as may seem equitable to it under the circumstances. But in any event if a change or changes in the cast is made the Actor or Actors dismissed and not employed upon the renewed run of the play shall be paid at least one week's additional salary.

18. Musical comedies, revues or spectacular plays shall immediately after a New York run be allowed one day's lay off before the opening in either Boston or Chicago. This does not apply to premieres, i.e., original openings in those cities.

19. Should either party give the other any notice permitted under this contract which terminates the same at any future date and should the Actor have or secure a new engagement he shall be permitted to attend the rehearsals under the new engagement as may be necessary and as do not conflict with his performances under his then existing contract.

20. Should the Actor deem that he has any claim against the Manager under his contract he shall present the same to the Actors' Equity Association or to the Manager or both within two months after the time when such claim has arisen, unless he shall give to the Board of Arbitration good and sufficient reason for any delay after such period of two months.

21. The actual salary of the Actor agreed upon shall be stated in the contract and a lesser or fictitious salary shall not be stated in the contract.

22. Sunday performances referred to in "Regulations" under Subdivision 4 of Paragraph D are regular dramatic and musical productions and do not include vaudeville, recitals, concerts and the like.

23. The Actor shall be required to work only with a Manager who employs exclusively in his company or companies actors who are, and who continue to be, members in good standing of the Actors' Equity Association.

24. 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.

NW logo NW logo

Business Office

BUSINESS OFFICE, NED WAYBURN STUDIOS

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FORM M.P.A.R. NO. 2

THIS CONTRACT MUST NOT BE ISSUED TO THE CHORUS.

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.

RUN-OF-THE-PLAY

STANDARD CONTRACT

For Use by Members of the Managers' Protective Association

AGREEMENT made this —— day of ——, 19—, between —— (hereinafter Called "Manager") and —— (hereinafter Called "Actor").

The REGULATIONS and RULES contained on the reverse side are a part hereof as though set forth on this page in full.

Agreement of Employment

1. The Manager hereby hires the Actor to render services, as such, in the part of ——, in the play hereinafter mentioned, and the Actor hereby accepts the said engagement; such hiring to be subject to the terms hereinafter set forth.

Period of Employment

2. The term of employment shall be the Run of the Play now called —— during the season of 19— 19— which said season is agreed to BE THE PERIOD BETWEEN THE FIRST DAY OF SEPTEMBER AND THE FOLLOWING FIRST DAY OF JUNE.

Opening Date

3. The date of first public performance shall be the —— day of ——, 19—, or not later than fourteen days thereafter.

Employment hereunder shall begin upon the date of beginning of rehearsals, which date shall be not earlier than four weeks prior to the date of first public performance.

Compensation

4. The Manager agrees, as compensation for services hereunder, to pay the Actor from and after the date named in Paragraph 3 and continuing for and during the run of the production for which the Actor is engaged, the sum of —— Dollars ($——) each and every week (on Saturday).

Guaranteed Period

5. The Manager agrees and guarantees that under this contract he will give the Actor not less than —— consecutive weeks' work, commencing with the date of the first public performance, and pay him therefor.

If the blank in this paragraph is not filled in, and no guaranteed period is agreed upon, the Manager agrees that this contract shall call for a minimum guaranty of two weeks' employment from the date named in Paragraph three hereof.

Rehearsals

6. The Actor, 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 Actor, on Saturday of that week, at the rate of the full salary mentioned in paragraph four.

Rehearsals shall be considered to be continuous from the date of the first rehearsal to the date of the first public performance of the play as provided in paragraph three.

If the above play is a musical play, or a spectacular production, then, wherever the word "Four" appears in this paragraph and in paragraph three the word "Five" shall be substituted.

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.

Pearl Regay

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.

10. 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 B of the Standard Run of the Play Contract notwithstanding.

11. 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.

12. 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.

13. 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.

This rule shall not apply to any case or any set of conditions where its enforcement would be illegal or against public policy.

14. The Manager shall have the right to lay off his company the week before Christmas and Holy Week. Should such lay off take place the Manager shall not during said lay off period be entitled to the services of the company except for a run-through rehearsal on the day of re-opening, and except further that additional rehearsals may be allowed by the Actors' Equity Association in case of illness of the star or prominent member of the company or change of cast.

15. If in any production the star or featured member of the cast shall be ill and a lay off shall take place on that account, Actors receiving less than $100.00 weekly (but no others) shall be paid by the Manager an amount equal to their board and lodging for the first week. If said lay off continues beyond one week, half salaries shall be paid to the entire company for each day the Actors are retained up to and including two further weeks. From and after the beginning of the fourth week the Manager shall either pay full salaries to all members of the company or may abandon the production.

16. When understudies are employed or there is a change in the cast, announcement shall be made to this effect, either by a slip in the program, or by announcement from the stage at the rise of the curtain, or by conspicuously posting a notice to that effect a reasonable time before the rise of the curtain, at the box office.

17. In case after the opening of the play and after at least two weeks' employment, the Manager shall desire a lay off for the purpose of re-writing or making changes in the cast where the contracts of such individual actors permits him to take such action as to them or any other reason deemed sufficient by him, he may apply to the Actors' Equity Association for the right to do so. If the Association agrees to such lay off it may do so upon such terms and conditions as may seem equitable to it under the circumstances.

18. Musical comedies, revues or spectacular plays shall immediately after a New York run be allowed one day's lay off before the opening in either Boston or Chicago. This does not apply to premieres, i.e., original openings in those cities.

19. Should either party give the other any notice permitted under this contract which terminates the same at any future date and should the Actor have or secure a new engagement he shall be permitted to attend the rehearsals under the new engagement as may be necessary and as do not conflict with his performances under his then existing contract.

20. Should the Actor deem that he has any claim against the Manager under his contract he shall present the same to the Actors' Equity Association or to the Manager or both within two months after the time when such claim has arisen, unless he shall give to the Board of Arbitration good and sufficient reason for any delay after such period of two months.

21. The actual salary of the Actor agreed upon shall be stated in the contract and a lesser or fictitious salary shall not be stated in the contract.

22. Sunday performances referred to in "Regulations" under Subdivision 4 of Paragraph D are regular dramatic and musical productions and do not include vaudeville, recitals, concerts and the like.

---

FORM 1B

B

CHORUS EQUITY MINIMUM CONTRACT

Standard Form as agreed upon by the

Managers Protective Association, Inc.

Chorus Equity Association

(Affiliated with the American Federation of Labor)

110 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.

AGREEMENT made this —— day of ——, 192-, between —— (hereinafter called "Manager") and —— (hereinafter called "Chorus").

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 Chorus Equity Minimum Contract, Standard Form," are also made a part hereof as though printed herein at length.

Agreement of Employment

1. The Manager engages the Chorus to render services in ——, (Here insert present title of play.) and the Chorus hereby accepts such engagement 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 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.

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 Chorus Equity Minimum Contract Standard Form," and as hereinbefore provided are a part hereof.

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. (a) The Chorus's employment hereunder is conditional upon the membership of the companies of the Manager being in accordance with the Chorus Equity Association rules, set forth in the agreement between the Chorus Equity Association and the Managers' Protective Association, dated May 12, 1924, and the Chorus shall not be required to work hereunder in violation if 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 Paragraph "Seventh" of said agreement, or Paragraph "Eighth" of the Managers' Protective Association-Actors' Equity Association basic agreement, dated May 12, 1924, as modified and incorporated into said Chorus Equity Association M.P.A. basic agreement, the Chorus shall at his option, provided the Chorus 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 Chorus through and with the consent of the Chorus 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 Managers' Protective Association, 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 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 Chorus Equity Minimum Contracts, 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 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 said 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. 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.

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' 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.

M. (1) If individual notice of termination is given by the Manager, he agrees to pay the Chorus in cash the amount of the cost of transportation and sleeper of the Chorus and his baggage back to New York City, whether the Chorus returns immediately or not.

(2) If this contract is cancelled by the Chorus, he agrees to pay his own railroad fare back to New York City.

(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, M-1 and M-2 and elsewhere.

N. The Manager shall not be responsible for any loss occurring to the personal baggage of the Chorus, whose duty it is, if he desires to protect himself against loss, to insure the same.

O. 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.

RULES GOVERNING CHORUS EQUITY MINIMUM CONTRACTS STANDARD FORM

(To be printed on Chorus Equity Minimum Contracts, Standard Form)

1. A list or lists of all members of the Chorus of the play, stating the full names and salaries of each member, shall be filed by the Manager with the Chorus Equity Association not later than the termination of the first week of performance. If the Manager prefers, triplicate copies of all Chorus contracts may be so filed instead.

2. Rehearsals begin on the day for which the individual Chorus is called—whether he works or not—next following the second day of tryout. If after the second day of tryout the Chorus is required or permitted to work, he shall be deemed to have been called for a rehearsal.

Tryouts may, if necessary, be on two separate days, one day for voice, and one day for dancing and for general qualifications. If said two days of tryout are not consecutive, the Chorus shall not be required to report for any purpose on the intervening days between such tryouts. If the Chorus is called for any day, or works on any day, after the second tryout day, the probation period of ten days starts on that day.

3. In case of company rehearsals being held before opening at a place different from that of organization, the Manager shall pay the Chorus 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 Chorus 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 Chorus shall be deemed to be entered into between the said parties no later than the date of the first rehearsal, and written contracts must be given and signed before the end of the ten-day probationary period for rehearsals. If such written agreement is not offered to the Chorus, fully made out and ready for signatures, on or before the tenth day of rehearsal, the Chorus, at his option may terminate the employment, in which event the Manager shall pay to the Chorus a sum equal to one week's minimum compensation.

If such contract has not been so offered within said ten day period (and if the Chorus has not then terminated the employment) and such contract is not offered at the end of the twentieth day of rehearsal, the Chorus, at his option, may terminate the employment, in which event the Manager shall pay him a sum equal to two weeks' minimum compensation.

6. If after joining a company, which has opened and is on tour, a Chorus is dismissed at rehearsals within the ten day probationary period (provided the ten day probationary period has not already been deleted from his contract) the Manager shall pay to the Chorus his transportation and sleeper both ways and for each day of rehearsal a sum equal to one-seventh of the weekly salary agreed upon, said rehearsals to be deemed continuous and to begin not later than the day after the Chorus's arrival. In case the Chorus is dismissed after the ten day probationary period the Manager shall pay the Chorus two weeks' salary and his transportation and sleeper 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 the 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 Chorus Equity Minimum 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 Chorus 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 ten day probationary period would have expired, the Manager shall pay the Chorus 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 Chorus is entitled to compensation under the preceding paragraph, payment shall be made by the Manager to the Chorus not later than three weeks prior to date of opening specified in Paragraph 2 of the main contract.

12. Ten days' rehearsals means ten consecutive calendar days, counting Sunday (when Sunday is used for rehearsals) and said ten days terminate with the dismissal of rehearsal on the tenth day, as herein reckoned.

13. If the Chorus is not allowed or required to work out any notice of dismissal properly given under his contract the amount to which he is entitled shall be paid forthwith upon the giving of the notice.

14. 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.

15. 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.

16. 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 Chorus Equity Association. Such consent, if given, shall be upon such terms and conditions as may be considered just and equitable by such Association.

17. 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.

18. The Chorus 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 Chorus for such transportation anywhere on Manhattan Island.

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

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

This rule shall not apply to any case or any set of conditions where its enforcement would be illegal or against public policy.

21. The Manager shall have the right to lay off his company the week before Christmas and Holy Week without pay. Should such lay-off take place the Manager shall not during said lay-off period be entitled to the services of the company except for a run-through rehearsal on the day of re-opening, and except further that additional rehearsals may be allowed by the Chorus Equity Association in case of illness of the star or prominent member of the company or change of cast.

Eddie Cantor

EDDIE CANTOR

22. If in any production, the star or featured member of the cast shall be ill and a lay-off shall take place on that account, Chorus receiving less than $100 weekly (but no others) shall be paid by the Manager an amount equal to their board and lodging for the first week. If said lay-off continues beyond one week half salaries shall be paid to the entire company for each day the Chorus are retained up to and including two further weeks. From and after the beginning of the fourth week the Manager shall either pay full salaries to all members of the company or may abandon the production.

23. In case after the opening of the play and after at least two weeks' employment the Manager shall desire a lay-off for the purpose of re-writing or making changes in the cast or any other reason deemed sufficient by him, he may apply to the Chorus Equity Association for the right to do so, which right shall be granted if the Actors' Equity Association grants the same right, and shall be granted upon the terms and conditions that are acceptable to the Actors' Equity Association. But in any event if a change or changes in the cast is made the Chorus dismissed and not employed upon the renewed run of the play shall be paid at least one week's additional salary.

24. Musical comedies, revues or spectacular plays shall immediately after a New York run be allowed one day's lay-off without pay before the opening in either Boston or Chicago. This does not apply to premiers, i.e., original openings in those cities.

25. Should the Chorus deem that he has any claim against the Manager under his contract, he shall present the same to the Chorus Equity Association or to the Manager or both within two months after the time when such claim has arisen, unless he shall give to the Board of Arbitration good and sufficient reason for any delay after such period of two months.

26. Should either party give the other any notice under his contract which terminates the same at any future date and should the Chorus have or secure a new engagement he shall be permitted to attend the rehearsals under the new engagement as may be necessary and as do not conflict with his performance under his then existing contract.

27. The actual salary of the Chorus agreed upon shall be stated in the contract and a lesser or fictitious salary shall not be stated in the contract.

28. Unless special consent otherwise is given by the Manager, understudies shall be present at each performance.

29. "Tryouts" during May, June and July are permissible where the Manager agrees to pay and pays one week's salary for two weeks' rehearsals and an additional half week's salary for each additional week of rehearsal, one week's salary to be guaranteed. Payment for part of a week's rehearsal shall be pro-rata.

30. Sunday performances, referred to in the "Regulations," under Subdivision 4 of paragraph "H" are regular dramatic and musical productions and do not include vaudeville, recitals, concerts and the like.

31. Chorus 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 rehearsal.

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FORM 2B

TO BE ISSUED ONLY TO C.E.A. MEMBERS IN GOOD STANDING

CHORUS EQUITY MINIMUM CONTRACT

Standard Form Issued by the

Chorus Equity Association

(Affiliated with the American Federation of Labor)

229 West 51st 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 by "Independent" New York Managers and others playing the same class of attractions

AGREEMENT made this —— day of ——, 192-, between —— (hereinafter called "Manager") and —— (hereinafter called "Chorus").

Regulations and Rules Over Leaf

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 Independent Chorus Equity Minimum Contract Standard Form," on the pages following, and except as hereinafter provided are a part hereof.

Agreement of Employment

1. The Manager engages the Chorus to render services in ——, (Here insert present title of play.) and the Chorus hereby accepts such engagement 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 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.

M. (1) If individual notice of termination is given by the Manager, he agrees to pay the Chorus in cash the amount of the cost of transportation and sleeper of the Chorus and his baggage back to New York City, whether the Chorus returns immediately or not.

(2) If this contract is cancelled by the Chorus, he agrees to pay his own railroad fare back to New York City.

(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, M-1 and M-2 and elsewhere.

N. The Manager shall not be responsible for any loss occurring to the personal baggage of the Chorus, whose duty it is, if he desires to protect himself against loss, to insure the same.

O. 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.

RULES GOVERNING CHORUS EQUITY MINIMUM CONTRACTS STANDARD FORM

(To be printed on Independent Chorus Equity Minimum Contracts, Standard Form)

1. A list or lists of all members of the Chorus of the play, stating the full names and salaries of each member, shall be filed by the Manager with the Chorus Equity Association not later than the termination of the first week of performance. If the Manager prefers, triplicate copies of all Chorus contracts may be so filed instead.

2. Rehearsals begin on the day for which the individual Chorus is called—whether he works or not—next following the second day of tryout. If after the second day of tryout the Chorus is required or permitted to work, he shall be deemed to have been called for a rehearsal.

Tryouts may, if necessary, be on two separate days, one day for voice, and one day for dancing and for general qualifications. If said two days of tryout are not consecutive, the Chorus shall not be required to report for any purpose on the intervening days between such tryouts. If the Chorus is called for any day, or works on any day, after the second tryout day, the probation period of ten days starts on that day.

3. In case of company rehearsals being held before opening at a place different from that of organization, the Manager shall pay the Chorus 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 Chorus 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 Chorus shall be deemed to be entered into between the said parties no later than the date of the first rehearsal, and written contracts must be given and signed before the end of the ten-day probationary period for rehearsals. If such written agreement is not offered to the Chorus, fully made out and ready for signatures, on or before the tenth day of rehearsal, the Chorus, at his option, may terminate the employment, in which event the Manager shall pay to the Chorus a sum equal to one week's minimum compensation.

If such contract has not been so offered within said ten day period (and if the Chorus has not then terminated the employment) and such contract is not offered at the end of the twentieth day of rehearsal, the Chorus, at his option, may terminate the employment, in which event the Manager shall pay him a sum equal to two weeks' minimum compensation.

6. If after joining a company, which has opened and is on tour, a Chorus is dismissed at rehearsals within the ten day probationary period (provided the ten day probationary period has not already been deleted from his contract) the Manager shall pay to the Chorus his transportation and sleeper both ways and for each day of rehearsal a sum equal to one-seventh of the weekly salary agreed upon, said rehearsals to be deemed continuous and to begin not later than the day after the Chorus's arrival. In case the Chorus is dismissed after the ten day probationary period the Manager shall pay the Chorus two weeks' salary and his transportation and sleeper 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 the 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 Chorus Equity Minimum 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 Chorus 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 ten day probationary period would have expired, the Manager shall pay the Chorus 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 Chorus is entitled to compensation under the preceding paragraph, payment shall be made by the Manager to the Chorus not later than three weeks prior to date of opening specified in Paragraph 2 of the main contract.

12. Ten days' rehearsals means ten consecutive calendar days, counting Sunday (when Sunday is used for rehearsals) and said ten days terminate with the dismissal of rehearsal on the tenth day, as herein reckoned.

13. If the Chorus is not allowed or required to work out any notice of dismissal properly given under his contract the amount to which he is entitled shall be paid forthwith upon the giving of the notice.

14. 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.

15. 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.

16. The essence of this contract is continuous employment and a play once closed shall not be opened during the same season within eight weeks of the date of previous closing, without the consent of the Chorus Equity Association. Such consent, if given, shall be upon such terms and conditions as may be considered just and equitable by such Association.

17. 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.

18. The Chorus 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 Chorus for such transportation anywhere on Manhattan Island.

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

20. Should the production in which the Chorus 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 Chorus on account of his being engaged in such production, either civil or criminal, the Manager shall defend the Chorus at his own expense, or shall pay any and all reasonable charges laid out or incurred by the Chorus in his defense, and the Manager agrees to indemnify the Chorus against any loss or damage which he may suffer on account of being engaged in any such production.

This rule shall not apply to any case or any set of conditions where its enforcement would be illegal or against public policy.

21. The Manager shall have the right to lay off his company the week before Christmas and Holy Week without pay. Should such lay-off take place the Manager shall not during said lay-off period be entitled to the services of the company except for a run-through rehearsal on the day of re-opening, and except further that additional rehearsals may be allowed by the Chorus Equity Association in case of illness of the star or prominent member of the company or change of cast.

22. If in any production the star or featured member of the cast shall be ill and a lay-off shall take place on that account, Chorus receiving less than $100 weekly (but no others) shall be paid by the Manager an amount equal to their board and lodging for the first week. If said lay-off continues beyond one week half salaries shall be paid to the entire company for each day the Chorus are retained up to and including two further weeks. From and after the beginning of the fourth week the Manager shall either pay full salaries to all members of the company or may abandon the production.

Ned Wayburn Studios

NED WAYBURN STUDIOS OF STAGE DANCING

23. In case after the opening of the play and after at least two weeks' employment the Manager shall desire a lay-off for the purpose of re-writing or making changes in the cast or any other reason deemed sufficient by him, he may apply to the Chorus Equity Association for the right to do so, which right shall be granted if the Actors' Equity Association grants the same right, and shall be granted upon the terms and conditions that are acceptable to the Actors' Equity Association. But in any event if a change or changes in the cast is made the Chorus dismissed and not employed upon the renewed run of the play shall be paid at least one week's additional salary.

24. Musical comedies, revues or spectacular plays shall immediately after a New York run be allowed one day's lay-off without pay before the opening in either Boston or Chicago. This does not apply to premieres, i.e., original openings in those cities.

25. Should the Chorus deem that he has any claim against the Manager under his contract, he shall present the same to the Chorus Equity Association or to the Manager or both within two months after the time when such claim has arisen, unless he shall give to the Board of Arbitration good and sufficient reason for any delay after such period of two months.

26. Should either party give the other any notice under his contract which terminates the same at any future date and should the Chorus have or secure a new engagement he shall be permitted to attend the rehearsals under the new engagement as may be necessary and as do not conflict with his performance under his then existing contract.

27. The actual salary of the Chorus agreed upon shall be stated in the contract and a lesser or fictitious salary shall not be stated in the contract.

28. Unless special consent otherwise is given by the Manager, understudies shall be present at each performance.

29. "Tryouts" during May, June and July are permissible where the Manager agrees to pay and pays one week's salary for two weeks' rehearsals and an additional half week's salary for each additional week of rehearsal, one week's salary to be guaranteed. Payment for part of a week's rehearsal shall be pro-rata.

30. Sunday performances, referred to in the "Regulations," under Subdivision 4 of Paragraph "H" are regular dramatic and musical productions and do not include vaudeville, recitals, concerts and the like.

31. Chorus 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 rehearsal.

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AGENT’S CONTRACT

(Usual form of contract required by artist's representative, business manager or "agent" as he is called, who negotiates with managers for the artist's services.)

THIS AGREEMENT made this —— day of ——, 19—, between ——, hereinafter called the Manager, and ——, hereinafter called the Artist.

WITNESSETH: In consideration of the covenants and conditions hereinafter contained, the parties hereto have agreed and do hereby agree as follows:

1st—The Artist engages the Manager as —— exclusive Business Manager and agrees to remain under his personal charge and supervision for a term of —— years from the date hereof, and in all matters and things connected with the theatrical engagements and motion pictures, or in any wise affecting the rendition of the Artist's services therein, to be governed and controlled exclusively by the Manager's judgment and discretion.

2nd—The Manager accepts the engagement as —— Manager of the Artist as above mentioned and agrees to manage, take sole charge of, supervise and control the development and exploitation of the Artist as an —— in theatrical productions and motion pictures, and to use his best efforts to promote the Artist's interests and enhance the value of —— services. The Manager further agrees to give due publicity to the fact that the Artist is under his personal direction and to render such other services as are customarily performed by the Business Manager of actors or actresses engaged in theatrical productions or in the production of motion pictures.

3rd—The Manager is authorized, on behalf of the Artist and in the Artist's name, to negotiate for and enter into a contract or contracts with theatrical managers and motion picture producers for the services of the Artist at a minimum salary of —— Dollars per week, or for such other compensation as may be mutually agreed upon between the parties. The Artist agreeing to conduct all negotiations through the Manager and to advise him of all calls and offers of employment during the terms of this agreement.

4th—The Manager will receive ten per cent (10%) of all salaries, compensation, earnings or share of profits or receipts accruing to the Artist during the term hereof, or through any contract for the Artist's services made during the term of this agreement, said sum to be payable to the Manager periodically as the compensation of the Artist shall become due and payable, and the Artist does hereby assign, transfer and set over unto the Manager ten per cent (10%) of all compensation for services received during the period of this agreement, and the Artist hereby authorizes and empowers any person, firm or corporation for whom the Artist shall render services as aforesaid, to withhold and pay over to the Manager ten per cent (10%) of all compensation payable to the Artist from time to time as such compensation shall become due.

5th—All advertisements, announcements or publicity relating to the Artist paid for or payable by the Artist shall contain a statement or notice to the effect that the Artist is under exclusive management or direction of said manager.

IN WITNESS WHEREOF, the parties hereto have hereunto set their hands and seals the day and year first above mentioned.

—— (L.S.)
—— (L.S.)

In presence of: ——

NW logo

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AGENT’S AGREEMENT

AGREEMENT made this the —— day of ——, 19—, between —— New York City, hereinafter called the Manager, and ——, hereinafter called the "Act."

WHEREAS the Manager is engaged in the business of managing, producing and exploiting theatrical, motion picture and vaudeville enterprises and specialties, and

WHEREAS, the said Manager is acquainted with the producers of theatrical and motion picture enterprises and with persons desirous of obtaining the employment of theatrical and vaudeville specialties, similar to the one owned by the Act, and

WHEREAS, the said Manager has a wide experience and knowledge of the method of staging and producing specialties and theatrical and motion picture enterprises, and also of the duties of a Manager, and

WHEREAS the said Act is engaged in rendering and producing a certain specialty in various cities and is constantly traveling and requires the services of a person to attend to the making of contracts and the proper advertising, correspondence, transportation, music, billing, program and press matters of the said Act;

NOW therefore, in consideration of the premises and the sum of One Dollar by each of the parties to the other in hand paid and in consideration of the mutual covenants herein expressed, it is agreed as follows:

FIRST: The Act hereby employs and engages the Manager to render his services as personal representative and business manager for the Act for a period of —— or, —— from the date hereof, and the Manager hereby accepts said employment, upon the following terms and conditions.

SECOND: The Manager agrees to attend to all correspondence of the Act and to maintain an office at his own expense, which the Act may use, and to arrange and to attend to the details in connection with the transportation, advertising, billing, program and press matters and to attend to the delivery of the same at such theatres as the Act may be engaged to play, and to make and execute in the name of the Act as its personal representative and Manager any and all contracts in connection with the said Act. Also to advertise and exploit and to procure and advertise reports of the said Act and to otherwise popularize the same in such manner and such times as the Manager deems best.

THIRD: The Act agrees to pay the said Manager for his services as such a weekly salary of $—— during each week that the Act may perform at a salary of $—— per week, and less or more than such compensation in proportion to the salary earned by the Act, and to pay the Manager such sums as he may disburse for other things necessary in managing said Act.

FOURTH: The Act in order to secure the Manager the aforesaid salary hereby assigns the amount of such weekly compensation to the said Manager and hereby authorizes said Manager to draw and execute such assignment in the name of the Act and hereby authorizes the managers of the theatres to deduct said compensation and pay the same to the Manager from the money due the Act.

FIFTH: The Act further agrees that the Manager shall be the sole and exclusive Manager and representative of the Act during the said period and that he shall not be required to devote all his time to or with said Act.

SIXTH: The Manager further agrees at his own expense and when necessary to employ employment agent or agencies in order to procure the best employment for the Act and it is agreed that the Manager is not to receive any compensation for procuring employment through said agents or agencies or otherwise.

SEVENTH: It is further agreed that no oral agreement not included herein is binding on the parties hereto:

In witness whereof the parties hereunto have set their hands and seals this —— day of ——, 19—.

It is understood that if the Artist shall play vaudeville the commission to us shall only be five (5%) per cent.

(Signed) —— (L.S.) (Signed) —— (L.S.)

In the presence of ——

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MANAGERIAL CONTRACT

THIS AGREEMENT made this —— day of ——, 192-, between NED WAYBURN OFFICE, Inc., hereinafter called the Manager, and ——, hereinafter called the Artist.

WITNESSETH: In consideration of the covenants and conditions hereinafter contained, the parties hereto have agreed and do hereby agree as follows:

1st—The Artist engages the Manager as —— exclusive Business Manager and agrees to remain under his personal charge and supervision for a term of —— years from the date hereof, and in all matters and things connected with the theatrical engagements and motion pictures, or in any wise affecting the rendition of the Artist's services therein, to be governed and controlled exclusively by the Manager's judgment and discretion.

2nd—The Manager accepts the engagement as Manager of the Artist as above mentioned and agrees to manage, take sole charge of, supervise and control the development and exploitation of the Artist as a —— in theatrical productions and in motion pictures, and to use his best efforts to promote the Artist's interests and enhance the value of —— services. The Manager further agrees to give due publicity to the fact that the Artist is under his personal direction and to render such other services as are customarily performed by the Business Manager of actors or actresses engaged in theatrical productions or in the production of motion pictures.

3rd—The Manager is exclusively authorized, on behalf of the Artist and in the Artist's name to negotiate for and enter into a contract or contracts with theatrical managers and motion picture producers for the services of the Artist for such period or periods of time as in his judgment the Manager shall deem wise, at a minimum salary of —— Dollars per week, or for such other compensation as may be mutually agreed upon between the parties hereto, the Artist agreeing to conduct all negotiations exclusively through the Manager and to advise him of all calls and offers of employment during the term of this agreement.

4th—The Manager will receive ten percent (10%) of all salaries, compensation, earnings or share of profits or receipts accruing to the Artist during the term hereof, or through any contract for the Artist's services made during the term of this agreement, or for any renewal of any contract which the manager negotiates during the period of this agreement, said sum to be payable to the Manager periodically as the compensation of the Artist shall become due and payable, and the Artist does hereby assign, transfer and set over unto the Manager ten percent (10%) of all compensation for services received during the period of this agreement, and the Artist hereby authorizes and empowers any person, firm or corporation for whom the Artist shall render services as aforesaid, to withhold and pay over to the Manager (10%) ten percent of all compensation payable to the Artist from time to time as such compensation shall become due.

5th—All advertisements, announcements or publicity relating to the Artist paid for or payable by the Artist shall contain a statement or notice to the effect that the Artist is under exclusive management or direction of Ned Wayburn Office, Inc.

IN WITNESS WHEREOF, the parties hereto have hereunto set their hands and seals the day and year first above mentioned.

In presence of

NED WAYBURN OFFICE, Inc.,
By —— [L.S.]
President.
—— [L.S.]

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CURTAIN

J. THOMAS CO., PRINTERS, CHICAGO

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