The Project Gutenberg eBook of The Art of Stage Dancing, by Ned Wayburn.

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.

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Business Office

BUSINESS OFFICE, NED WAYBURN STUDIOS

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

(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.)

Rules of Travel and Lost Performances

Pearl Regay

PEARL REGAY

Lost Rehearsals

Transportation

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

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.

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.

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.

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.

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.

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

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.

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.

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

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.

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

Duties of the Chorus

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

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)