Cabaret Rulebook 11-15 - Actors

Actors’ Equity Association

AGREEMENT AND RULES GOVERNING EMPLOYMENT UNDER THE CABARET AGREEMENT

Effective Date: October 17, 2011 Expiration Date: October 11, 2015

NATIONAL OFFICE 165 West 46th Street New York, NY 10036 (212) 869-8530 phone (212) 719-9815 fax

HOLLYWOOD OFFICE 6755 Hollywood Boulevard, 5th Fl Hollywood, CA 90028 (323) 978-8080 phone (323) 978-8081 fax

CHICAGO OFFICE 557 West Randolph Street Chicago, IL 60661 (312) 641-0393 phone (312) 641-6365 fax

ORLANDO OFFICE 10319 Orangewood Boulevard Orlando, FL 32821 (407) 345-8600 phone (407) 345-1522 fax

www.actorsequity.org

Table of Contents 1. 2. 3. 4. 5. 6.

7. 8. 9. 10. 11. 12. 13. 14. 15. 16. 17. 18. 19. 20. 21. 22. 23. 24. 25. 26.

27. 28. 29. 30. 31. 32. 33. 34. 35. 36. 37. 38. 39. 40.

ACTOR'S OBLIGATION ................................................................................................................ 1 AGENTS ........................................................................................................................................ 2 ALIENS .......................................................................................................................................... 2 ANNOUNCEMENTS ...................................................................................................................... 2 ARBITRATION............................................................................................................................... 2 AUDITIONS AND INTERVIEWS (See also Rule 26 EQUAL EMPLOYMENT OPPORTUNITY/NON-TRADITIONAL CASTING, Rule 43 NON-DISCRIMINATION, Rule 44 NON-TRADITIONAL CASTING) ................................................................................................... 3 BILLING AND PROGRAMS......................................................................................................... 10 BINDING EFFECT OF AGREEMENT ......................................................................................... 12 BLACKLISTING ........................................................................................................................... 13 BREACHES BY PRODUCERS ................................................................................................... 13 CALLBOARD ............................................................................................................................... 14 CHANGES IN CAST: ANNOUNCEMENTS ................................................................................. 14 CHORUS: ADDITIONAL COMPENSATION PROVISIONS......................................................... 15 CLAIMS ....................................................................................................................................... 15 CLOTHES AND MAKE-UP .......................................................................................................... 16 CONTINUOUS EMPLOYMENT ................................................................................................... 18 CONTRACT ................................................................................................................................. 18 CONVERSION RIGHTS .............................................................................................................. 20 DANCE CAPTAIN ........................................................................................................................ 22 DEFAULTING EMPLOYER ......................................................................................................... 22 DEFINITIONS .............................................................................................................................. 23 DEPUTIES AND EQUITY MEMBERS: NO DISCRIMINATION ................................................... 23 DEPUTIES AND EQUITY REPRESENTATIVES ........................................................................ 24 DUES AND INITIATION FEES .................................................................................................... 24 DUTIES OF THE ACTOR ............................................................................................................ 24 EQUAL EMPLOYMENT OPPORTUNITY/NON-TRADITIONAL CASTING/NONDISCRIMINATION (See Rule 6(G) AUDITIONS / Equal Employment Opportunity / NonTraditional Casting / Non-Discrimination, Rule 43 NON-DISCRIMINATION, Rule 44 NONTRADITIONAL CASTING.) ......................................................................................................... 25 EQUITY: SPECIAL PROVISIONS ............................................................................................... 25 EXCLUSIVE SERVICE OF THE ACTOR .................................................................................... 26 HEALTH BENEFITS .................................................................................................................... 26 HOUSING .................................................................................................................................... 26 ILLNESS AND SICK LEAVE........................................................................................................ 28 INJURY & SUPPLEMENTAL WORKER’S COMPENSATION..................................................... 30 INTIMIDATION ............................................................................................................................ 31 LAY-OFF: CHRISTMAS AND HOLY WEEKS (EASTER AND JEWISH NEW YEAR) ................. 31 LAWS GOVERNING .................................................................................................................... 32 MEDIA: RECORDING & BROADCAST ....................................................................................... 32 MINORS ...................................................................................................................................... 35 MILITARY SERVICE; OF THE ACTOR ....................................................................................... 36 MORE REMUNERATIVE EMPLOYMENT................................................................................... 36 MOTION PICTURE RIGHTS ....................................................................................................... 36 i

41. 42. 43. 44. 45. 46. 47. 48. 49. 50. 51. 52. 53. 54. 55. 56. 57. 58. 59. 60. 61. 62. 63. 64. 65. 66. 67. 68. 69. 70. 71. 72. 73. 74.

MUSICAL INSTRUMENT RENTAL ............................................................................................. 37 NO LOCKOUTS OR STRIKES .................................................................................................... 37 NON-DISCRIMINATION. ............................................................................................................. 37 NON-TRADITIONAL CASTING (See Rule 6(G)(3), AUDITIONS, Non-Traditional Casting, Rule 26 EQUAL EMPLOYMENT OPPORTUNITY, RULE 43 NON-DISCRIMINATION, ..................... 38 NUDITY ....................................................................................................................................... 38 NUMBER IN CAST ...................................................................................................................... 39 PENSION AND 401 k DEFERRAL .............................................................................................. 39 PERFORMANCES ...................................................................................................................... 39 PHOTOGRAPHS AND PUBLICITY ............................................................................................. 40 PRODUCTION PROSECUTED ................................................................................................... 41 PROPERTY; REIMBURSEMENT TO ACTOR ............................................................................ 42 RECORDINGS USED IN PRODUCTION .................................................................................... 43 REHEARSALS............................................................................................................................. 44 REOPENING OF A PRODUCTION ............................................................................................. 46 REPLACEMENT OF ACTOR. ..................................................................................................... 46 REPORTS. .................................................................................................................................. 47 REST PERIODS .......................................................................................................................... 48 SAFE AND SANITARY CONDITIONS OF EMPLOYMENT......................................................... 48 SALARIES ................................................................................................................................... 54 SECRET VOTE ........................................................................................................................... 58 SECURITY AND SECURITY AGREEMENTS ............................................................................. 58 SERVICE DURING THE PERFORMANCE ................................................................................. 59 SOCIAL SECURITY/UNEMPLOYMENT INSURANCE ............................................................... 59 STAGE FIGHTING ...................................................................................................................... 60 STAGE MANAGERS/ASSISTANT STAGE MANAGERS ............................................................ 61 TELEVISING, RECORDING, AND MOTION PICTURE FILMING (See Rule 36, MEDIA: RECORDING & BROADCAST) .................................................................................................. 65 TERM OF EMPLOYMENT........................................................................................................... 65 TERMINATION (SEE RULE 39, MORE REMUNERATIVE EMPLOYMENT) .............................. 65 TRANSPORTATION AND BAGGAGE ........................................................................................ 68 UNDERSTUDIES ........................................................................................................................ 71 UNION EMBLEM ......................................................................................................................... 72 UNION SECURITY ...................................................................................................................... 72 VACATIONS: ............................................................................................................................... 72 DURATION .................................................................................................................................. 74

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AGREEMENT AND RULES GOVERNING EMPLOYMENT IN CABARET PRODUCTIONS RECOGNITION The Producer recognizes Actors' Equity Association (hereafter "AEA" or "Equity") as the exclusive representative of the Actors (Principals, Chorus, Stage Managers, Assistant Stage Managers, Dance and Fight Captains, Swings, Understudies) employed by the Producer, for the purpose of collective bargaining and the administration of matters within the scope of this Agreement. USE OF CABARET AGREEMENT This Agreement is applicable only to productions presented in Cabaret-style Theatres. Equity reserves the right to determine when the use of this Agreement will be permitted. 1.

ACTOR'S OBLIGATION (A) Nothing contained in any employment contract signed by any Actor shall be construed so as to interfere with the carrying out of any obligation which an Actor owes to Equity by virtue of the Actor's membership, and the Producer shall not only not request or require any Actor to do any act or thing forbidden by the Constitution and By-Laws of Equity or by the Rules or orders of Equity, or orders of its authorized executives, but will require the Actor to do and/or assent to the Actor doing any and all acts required by the foregoing. (B) The Producer further agrees the Producer has notice that: (1) The Associated Actors and Artistes of America is a voluntary Association hereinafter referred to as the 4 A's and is subject to the Constitution, By-Laws, Rules, regulations and orders of the American Federation of Labor-Congress of Industrial Organizations (AFLCIO), from which it derives its charter. (2) Equity deriving its charter from the 4 A's is in turn subject to the Constitution, By-Laws, orders, Rules and regulations of the 4 A's and the American Federation of Labor-Congress of Industrial Organizations. (3) The Actor is directly subject to the Constitution, By-Laws, Rules, regulations and orders of the 4 A's, and the Producer agrees not to require the Actor to do any act or thing forbidden by the Constitution or By-Laws of the 4 A's or by its Rules, orders or regulations. (4) Contracts of employment shall be subject to all such Rules and regulations. (C) Nothing contained in this Rule shall, however, require the Producer to take any action which is not legally permissible, or permit Equity to change, modify, amend, supersede or impose any conditions or obligations upon the Producer which are not specifically set forth in the Agreement Governing Employment In Cabaret or in any of the individual agreements made with Actors, consistent herewith.

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2.

AGENTS (A) Equity Franchise. The Producer has notice that if negotiation for, or the obtaining of this contract by the Actor is through any employment agent or personal representative not holding an Equity franchise or one whose Franchise is not in good standing, the Actor is liable to suspension or other disciplinary action by Equity. (B) Should the Producer contact the Actor directly and agree with the Actor as to the salary and part, the Producer shall not directly or indirectly require an Agent to intervene to complete the engagement or require the Actor to sign the contract at or through an Agent's office. Any such Agent so engaged does not represent the Actor, and should such Agent make a claim for commission, the Actor will notify the Producer accordingly, and the Producer shall indemnify the Actor and hold the Actor harmless from any such claim. When a Contract is negotiated by an Agent and said Agent is the Agent of Record on the face of the contract, any commission payable which would invade the minimum salary shall be paid by the Producer. (C) Chorus. Actors performing under a Chorus contract or performing chorus work shall not be required to pay commission to any Agent except as in accordance with the Equity Agency Regulations.

3.

ALIENS

Non-resident Aliens may not be employed without the express consent of Equity, which decision by Equity shall be final and binding and not subject to arbitration. 4.

ANNOUNCEMENTS (A) A live announcement, program note, and/or sign at the auditorium entrance(s) shall notify the audience prior to the beginning of each performance that pagers, telephones and other electronic devices belonging to audience members should be turned off. In addition, the Producer or Producer's designated representative shall make an announcement before the beginning of each performance to the effect that the taking of pictures or the making of recordings of any kind during the performance is prohibited. (B) If the aisles are used by the Actors for entrances and/or exits, the Producer shall also announce that the aisles must be kept clear during the performance. (C) The Producer agrees that before each performance an announcement will be made requesting the audience not to smoke during the performance.

5.

ARBITRATION (A) Any controversy arising from the application or interpretation of this Agreement or affecting the relationship between any Actor or Equity and the Producer, including the disputes as to the existence or validity of any employment contract, shall be submitted to arbitration pursuant to the Voluntary Labor Arbitration Rules of the American Arbitration Association. Arbitration as provided herein shall be the exclusive remedy for the resolution or adjustment of disputes, including any question as to whether a dispute or issue is arbitrable under the provisions of this Agreement. Nothing herein shall be construed to give the arbitrator the authority to alter, amend, or modify any of the provisions of this Agreement. Arbitration will take place in New York, Chicago, or Los 2

Angeles, whichever city is closest to the Cabaret Theatre involved, or such other city as Equity shall designate. (B) Time Limit. Should the Producer dispute a ruling by Equity and if said ruling is arbitrable under these Rules, the Producer must demand arbitration within four weeks of notice to the Producer of said ruling. Failure to do so shall constitute agreement with said ruling and an acknowledgement that Equity may deduct any monies due as a result of said ruling from any security posted with Equity by the Producer. The Producer further shall replace said amount deducted immediately upon demand by Equity. (C) Expenses. The expense of the arbitration, including the compensation of the arbitrator, shall be shared equally by Equity and the Producer. Equity shall act on behalf of the Actor in any arbitration proceedings and no Actor may commence any arbitration proceeding except with the consent of Equity. 6. AUDITIONS AND INTERVIEWS (See also Rule 26 EQUAL EMPLOYMENT OPPORTUNITY/NON-TRADITIONAL CASTING, Rule 43 NON-DISCRIMINATION, Rule 44 NONTRADITIONAL CASTING) (A) General Principal Rules. The Producer shall conduct auditions for principal performers. The following conditions shall apply: (1) Among the auditions held for principal roles, there shall be auditions for Equity performers. (2) The Producer is under no obligation to hire any person pursuant to any principal interview or audition procedures including the procedures for Equity performers set forth below. (3) Auditions of producer-invited, agent-submitted and manager-submitted performers and callback auditions for a production shall not be conducted until all other auditions have been completed. (B) Equity Principal Auditions. The Producer shall comply with the following audition/interview procedures for Equity principal performers. (1) Equity Principal Auditions (EPA) are auditions at which all Equity members will be auditioned, on an equal basis, for principal roles. Subsequent auditions may also be scheduled in accordance with these requirements. Each required EPA shall be an essential element of the casting process for the production for which it is held. (2) The Director or Producer’s designee with casting authority shall be present at all required auditions. Casting authority is defined as the power to effectively recommend a performer for a callback audition or for employment by the Producer. (3) Venue / EPA Day(s) Requirements: (a) For each production, the Producer shall conduct one full day of Equity Principal Auditions in the city in which the production will be presented.

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(b) If auditions of any kind are held in any Equity Regional Office City (New York City, Chicago or Los Angeles/Orange County) for a production, Equity reserves the right to require the Producer to conduct Equity Principal Auditions and, if applicable, Equity Chorus Calls in that Equity Regional Office City, in addition to the local auditions required herein. Such additional required auditions shall be conducted according to that Equity Regional Office City’s Equity audition procedures. (4) Each day of EPA’s shall consist of seven hours of auditions out of an eight-hour period. Two separate half-days, consisting of no less than four consecutive hours of auditions, may be substituted and scheduled in place of any one day. (5) The Producer shall consult with the regional Equity Auditions Department or Office regarding the scheduling of EPAs. The location or time of the EPA may not be changed within seven business days of the scheduled audition without the consent of Equity. If it becomes necessary to re-schedule the EPA, Equity's consent will not be unreasonably withheld. (6) Equity Regional Office City EPAs. (a) When EPAs are held in an Equity Regional Office City (New York City, Chicago or Los Angeles/Orange County), the Producer shall allot a minimum of 126 audition timeslots, and shall see more performers if time permits during each seven-hour day of auditions. The length of each performer’s audition will be at the discretion of the Producer, however, each performer shall have a minimum of one minute in which to perform. (b) When EPAs are conducted in an Equity Regional Office City, an Equity monitor shall be present at no cost to the Producer to organize the auditions. (c) For Equity Regional Office City EPAs, the Producer shall make the premises available to the Equity monitor and performers at least one hour prior to the scheduled start of the EPA. (d) The Producer shall not hold calls or auditions in an Equity Regional Office City (New York City, Chicago or Los Angeles/Orange County) on any day when an Equity membership meeting is scheduled. (7) Non-Office City Equity Principal Audition Formats. When Equity Principal Auditions are held in cities other than Equity Office Cities, these auditions may be conducted on a “walkin” first-come, first-served basis, or by appointments, made on a first-come, first-served basis. Performers shall have a minimum of two minutes to perform material of their choice, in accordance with the Producer’s audition preparation instructions (see Rule 6(B)(8)(g)). (a) Non-Office City Equity Principal Auditions by appointment. (1) Appointments for Equity performers shall be scheduled in five-minute time slots. (2) The Producer shall not call or invite any performer to the audition, except by means of the casting notice described in Rule 6(B)(8) in this Agreement. (3) The required casting notice shall include a telephone number at which appointments for Equity auditions will be taken. The Producer shall also specify reasonable days and hours during which appointments will be taken.

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(4) Equity Performers shall neither be required nor shall they be invited to mail, fax, deliver or e-mail their headshots and resumes in order to secure an audition appointment. (5) On the day of the Equity auditions, Equity performers without appointments shall be accommodated as time permits. (b) “Walk-in” auditions. Equity auditions may be conducted on a “walk-in”, first-come, firstserved basis. When this format is used, performers sign up on the day of the auditions, in the order in which they arrive at the audition location. At the producer’s option, performers may then be seen in the order in which they arrive, or performers may be allowed to select a specific audition time slot. (8) Casting Notice. For all required auditions, the Producer shall send a casting notice to the regional Equity Auditions Department or Auditions Coordinator, ensuring that the notice is received a minimum of two weeks prior to the audition. The notice shall be submitted to Equity prior to submission of casting information to agents, managers or a breakdown service. Casting notice information. The Producer shall provide the following information on all required casting notices: (a) Title and projected rehearsal and playing dates of the production; (b) Date, time and location of the audition, and time of any scheduled break in the audition day; (c) Names of all Authors, Composers, Directors, Choreographers, Musical Directors, General Managers and Casting Directors involved in the production(s), as may be available at the time; (d) A complete cast breakdown (including a definitive description of each principal role in new or obscure shows), and notation of possible opportunities for Non-Traditional Casting. Equity required audition notices shall contain character descriptions, synopses and other pertinent items of information identical to those included in notices sent to a breakdown service or intended for agents and/or managers. (e) Stage Manager positions available, and a notation as to whether or not personnel with the authority to hire Stage Managers will be present at auditions. A name and address to which Stage Managers’ resumes may be sent shall be provided, even if no Stage Managers are being sought at the time. (f) Projected minimum weekly salary for Equity performers and Stage Managers. (g) All necessary instructions for auditioning Equity performers (e.g. “Prepare a brief traditional musical theatre song”, “Prepare a brief contemporary comic monologue”, “An accompanist will be provided”, “Please bring dance clothes”, etc). (h) Date and time of any callback auditions that have been planned as of the casting notice submission date. (9) The performer shall have the option to interview during the EPA; Stage Managers shall also have the right to interview during the EPA

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(10) When auditions for musical productions are held, the Producer shall provide a piano and a piano accompanist who can sight read. (11)

Subsequent Equity Principal Auditions (Callbacks)

(a) Principal performers shall be called to audition at specific times and shall not be called in groups unless for physical screening and/or voice blending. (b) Auditions and/or readings, excluding interviews, shall be limited to four in number for a performer and the performer shall be compensated at the rate of one-seventh of minimum salary for each reading and/or audition over four in which the performer is called. (c) Equity Franchised Agents may accompany their clients to all audition locations and, at the Producer's option, may attend the audition. (d) The Director or Producer's designee with final casting authority shall be present at all auditions. The Musical Director or the Producer's designee shall be present at all singing auditions and the choreographer or the Producer's designee must be present at all dancing auditions. (e) Performers shall be given specific appointments, and not more than 12 auditions, including reading, singing and dancing, may be scheduled in any hour. (f) The Producer or the Producer's representative shall keep a sign-in sheet provided by Equity at all callbacks and auditions to denote arrival and departure times of all performers, and furnish a copy to Equity. (g) Performers who are kept at an audition or callback longer than three hours from the scheduled appointment shall be paid at the rate of $4.50 per half-hour for the fourth hour and for each additional half-hour or part thereof. Should the performer be late for the performer's appointment, the Producer may dismiss the performer and re-schedule the audition. Should the Producer fail to exercise this option, the performer's computation time shall commence upon arrival. (C) Each production employing Principal performers shall conduct not less than one full day of Equity Principal Auditions for possible future replacements at least once every 12 months after the first paid public performance. The Auditions shall be conducted by either the Producer, director, assistant director, any author and/or professional casting director designated in writing by the Producer. The Producer is under no obligation to hire any person pursuant to any replacement call procedures including the procedures for Equity performers set forth herein. Productions which have been open for 12 months or longer as of November 1, 2011 shall conduct their first such EPA for possible replacements prior to May 31, 2012. (D) Chorus Calls. (1) Chorus Auditions. The Producer shall conduct chorus auditions for all productions utilizing chorus performers. The following conditions shall apply: (a) Among the auditions held for chorus performers, there shall be auditions for Equity performers; (b) The Producer is under no obligation to hire any person pursuant to any chorus audition procedures, including the procedures for Equity performers set forth below. 6

(2) Equity Chorus Provisions. The Producer shall comply with the following chorus audition procedures for Equity performers. (a) The scheduling of Equity Chorus performer auditions shall be arranged through the Equity Auditions Department. (b) An Equity Monitor shall be present at the place of call. Equity shall receive at least two weeks written notice of such call. (c) The Producer shall not hold calls or auditions on any day when an Equity membership meeting is scheduled. (d) Auditions may, if necessary, be held on two separate days, one day for voice or for dancing and one day for general qualifications. If these two days are not consecutive, Chorus performers shall not be required to report for any purpose on the intervening days. (e) If Chorus performer is required to rehearse numbers used in the production, this shall constitute the beginning of the rehearsal period. (f) The Producer shall audition singers (male and female) and dancers (male and female) separately at the first call for chorus performers, at which singers are to sing first and dancers are to dance first. The group called, and time and place of said call, shall be provided in a notice sent to Equity at least one week before the time of audition. (g) If, at the final audition, the selection of chorus performers is to be determined at a final match-up, then the performers retained for the match-up from the earlier audition that day, shall be released following selection and be free until the final match-up, unless required to read for a part or understudy. In the event the final audition exceeds eight hours, each performer required to be at the audition for more than eight hours, from the time of the performer's first call, shall receive one-sixth of minimum salary for compensation for such overtime. (h) The Producer shall not under any circumstances halt the continued progress of a chorus audition to audition a performer for a principal role, nor, except at the finals, shall performers read for a "part" or understudy during the time of the chorus audition. Auditions may, if necessary, be held on two separate days, one day for voice or for dancing and one day for general qualifications. If these two days are not consecutive, performers shall not be required to report for any purpose on the intervening days. (i) The Producer shall notify Equity of the time and place of the final audition. (j) The Musical Director or assigned designee who has final casting authority shall be present at all singer auditions. The Choreographer or assigned designee who has final casting authority must be present at all dancer auditions. (k) A piano and an accompanist who can sight read shall be provided when musical auditions are held. (E) . Equity shall have the right, in consultation with the Producer, to schedule the auditions so that no more than two productions hold their first or final call (audition) on the same day or call the same category (singer or dancer) at the same time.

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(F) Safe and Sanitary Code. (1) When auditions are held in studios the Producer shall provide: (a) A room (other than the audition room) which shall have seating and open space where the performer may wait and/or warm-up for the audition. The waiting room shall be available to the monitor and performers for the entire sign-in and audition time. (b) The audition space shall include: (1) Heat and air conditioning as necessary. (2) One private toilet for each gender which shall be available throughout the audition. Access to these facilities may not be solely through the audition space. (3) Adequate wash basins with adequate hot and cold water. (4) Proper ventilation. (5) Touch-tone pay phone. (6) Producer shall provide separate changing facilities (not lavatories) for men and women at any audition where they are required to dance. (7) For dance auditions: sprung dance floor. (8) Water fountain, bottled water or water with clean cups shall be provided at no cost to the Actor. (9) The Producer agrees not to audition or rehearse in any space that has not been previously inspected and approved by a Representative of Equity. (10)Audition Space criteria shall include a safe, secure waiting area that is separate from the audition area and large enough to accommodate seats for a number of performers. (2) When auditions are held in theatres, the Producer shall provide, to the extent possible, facilities and conditions similar to those described above. (3) Performers shall not audition in any premises that do not comply with the local and state laws and building codes. (4) Liability Insurance. The Producer shall cause liability insurance to be provided at all interviews/auditions and shall make the name of the insurance carrier available to the performers at the place of the interview and/or audition. In the event of an injury, the Producer shall advise performers of the procedure for filing a claim. (G) Equal Employment Opportunity (See Rule 26.) (1) Affirmation. The parties hereto affirm their commitment to a policy of equal employment opportunity designed to promote a positive model of diversity and the elimination of discrimination in theatre. The Producer agrees that the casting of all productions and the hiring of Stage Managers will be conducted in such a manner as to provide full and fair consideration to Actors of all ethnicities (including but not limited to African-American, Asian/Asian-Pacific

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American, Hispanic-American, Native American, multi-cultural), sex, gender identity and/or expression, women, seniors, and Actors with disabilities. Unless otherwise textually indicated, all parts/roles shall be open to all Actors without prejudice, and further there will be active solicitation of Actors of all ethnicities (including but not limited to African-American, Asian/Asian-Pacific American, Hispanic-American, Native American, multi-cultural), sex, gender identity and/or expression, women, seniors, and Actors with disabilities. This shall be evident in all casting notices, calls and cast breakdowns in order to insure full participation in the casting process. (2) In addition, the Producer and Equity shall encourage multi-ethnic/multi-cultural productions and the use of a flexible and imaginative casting policy known as "nontraditional casting." Non-traditional casting is for the purpose of increasing employment of ethnic minorities, women, seniors, performers with disabilities, as well as the casting of such performers in roles for which race, sex, gender identity and/or expression, age and presence or absence of a disability is not germane to either the play or the character’s development. (3) Non-traditional Casting. (a) In furtherance of the commitment to equal employment opportunity, each Producer accepts the obligation to ensure opportunities for hiring ethnic minorities, women, seniors and performers with disabilities throughout the term of this Agreement. (b) The Producer agrees to encourage all Directors, Choreographers, and Casting Consultants in the Producer’s employ to cast in accordance with this policy. Furthermore, the Producer will provide a copy of this rule to all Directors, Choreographers, and Casting Consultants. (c) Any claimed violation of this clause shall promptly be submitted for settlement to a joint Equity-Producer Board of Review comprised of two members appointed by Equity and two members appointed by the Producer. (d) The performer or applicant shall submit to Equity any claimed violation of these provisions following the alleged discrimination. Equity shall send written notice thereafter to the Producer. The Board of Review shall be convened immediately thereafter. (e) In the event a settlement or resolution of the dispute satisfactory to both Equity and the Producer cannot be achieved, the claim shall be submitted to arbitration in accordance with the arbitration provisions of this Agreement. The arbitrator may provide such remedies as he deems appropriate. (4) All audition material provided by the Producer shall, upon request, be made available at a place to be designated by the Producer at least 48 hours in advance of the audition to blind and visually impaired performers. (5) Performers with Disabilities. (a) When a role to be cast depicts a person with a specific disability, the Producer shall include this in the casting specifications and, at the same time, notify Equity of such so that performers with similar disabilities shall be informed and given the opportunity to audition for the role.

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(b) When a deaf performer is sought or a deaf character is being cast, the Producer shall provide, during the audition, a certified interpreter for the deaf (or, in states where no certification exists, an interpreter qualified in sign language or oral interpretation). (c) All audition material provided by the Producer shall be available, upon request, at a place to be designated by the Producer at least 48 hours in advance of the audition of performers who are blind or have low vision. (d) When auditions are held in premises that are not architecturally accessible, the Producer, upon notification by either Equity or a performer with a disability who wishes to audition, shall arrange for an appropriate audition facility. (6) Discrimination. (a) The Producer shall not discriminate against any performer because of race, color, creed, age, disability, national origin, sex, gender identity and/or expression, sexual orientation or political persuasion or belief. (b) The performer shall not be permitted to perform in any theatre or other place of performance where discrimination exists on the basis of race, color, creed, national origin, sex, gender identity and/or expression, disability, age, sexual orientation or political persuasion or belief against any actor or against any patron as to admission to or seating in such theatre or other place of performance. Equity, not the individual Actor or company, shall determine whether discrimination exists at the place of performance. (7) Records. (a) Equity will maintain records of ethnic minorities, women, seniors and performers with disabilities who audition at all required audition calls held in cities where Equity maintains an office. (b) The Producer will maintain records of ethnic minorities, women, seniors and performers with disabilities auditioned at all non-required and/or local auditions and will forward such records, including information on Actors hired, to Equity no later than thirty days after the end of the season. 7.

BILLING AND PROGRAMS (A) House Board. The names of all Actors employed in the production shall be placed on an alphabetical listing board either in front of the theatre or prominently displayed inside the lobby. Stage Managers, understudies and swings may be listed separately. Should there be errors or omissions in this listing, provided such errors or omissions are not corrected within two business days after the day on which written notice either by Actor or Equity is received by the Producer, the Actor shall be paid one-eighth or one performance pro-rata, whichever is greater, of the Actor's contractual salary, for each day the error goes uncorrected. (See also Rule 12, CHANGES IN CAST and Rule 70(E), UNDERSTUDIES.)

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(B) When a Principal Actor's contractual employment is terminated, the Actor's name and/or likeness (in photographs portraying three Actors or fewer and in shows where there are only four cast members where the photographs to be replaced are 8x10, black and white, inexpensive photographs to be placed in an glass case that can open, or are inexpensive photographs which already exist) must be removed from all front-of-the-house boards and frames where the show is playing as well as from all frames at other theatres. The removal shall be made prior to the first performance of the Principal Actor's successor. Should the Producer fail to comply with this Rule within three days after the giving of written notice either by the Principal Actor, the Principal Actor's successor and/or Equity, the Producer shall pay extra to the Principal Actor currently performing and to the Principal Actor whose name and/or likeness has not been removed, oneeighth or one performance pro-rata, whichever is greater, of their respective contractual salaries for each day that the Producer has not complied with the Rule. (1) When a Principal Actor's contractual employment is terminated, the Principal Actor's photograph on and/or in the programs must be submitted for removal prior to the next printing deadline. If the termination occurs at least seven days prior to camera ready copy deadline, Producer shall remove photograph in that printing; otherwise the Producer must remove photo in the next printing and so notify the terminating Actor and replacement Actor. (2) In connection with all other advertising and display media under the Producer's control, the Producer shall exercise reasonable diligence in removing the name and/or the likeness of the Principal Actor no longer in the cast. (C) All provisions pertaining to billing of the Actor not set forth herein shall be specifically set forth in writing as a rider to the Actor's employment contract. If billing is contingent on the billing of any other Principal Actor, such contingency shall be clearly and succinctly set forth in the contract. (D) Whenever a breach of a billing clause contained in an Actor's individual contract is claimed, Equity or the Actor shall notify the Producer by certified letter or fax, return receipt requested, or by hand delivery with receipt signed by the party addressed or their designee, of the breach. (1) If the breach is not corrected within seven days of receipt of notification except as provided below, the Producer shall pay to the Actor a sum equal to one-eighth or one performance pro-rata, whichever is greater, of the Actor's contractual salary for any time during the first week the breach continues after the seventh day. For each week the breach continues thereafter, or if additional breaches occur and the Producer has been properly notified, the Actor shall be paid cumulatively an additional one-eighth or one performance pro-rata, whichever is greater, per week or per breach for as long as the breaches continue (i.e., two-eighths for the second week or second breach, three-eighths for the third week or third breach, and so forth). (2) If the breach involves billboards, the time interval for correction shall be extended to two weeks. Exempted from this provision shall be posters on unpaid locations. (3) If the breach involves billing under the Producer's control or creation in a magazine or similar publication and the Producer does not correct an error in billing when notified 72 hours prior to the press deadline, the Producer shall pay to the Actor a sum equal to oneeighth or one performance pro-rata, whichever is greater, of the Actor's contractual salary.

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(4) If the breach involves billing under the Producer's control or creation in a newspaper, and the Producer does not correct an error in billing when notified 48 hours or more prior to the press deadline, the Producer shall pay to the Actor a sum equal to one-eighth or one performance pro-rata, whichever is greater, of the Actor's contractual salary. (E) Program and Souvenir Program. (1) Cast List. A cast list must be offered free of charge to every patron who enters the theatre at all performances. Such cast list must contain the names of all Actors employed on an Equity contract and their role or function. The Stage Manager and Dance Captain shall be billed on the first page on which there is a complete cast listing or on the title page. (2) Biographies. All Actors (including Stage Managers, Understudies and Swings) shall have a biography in the program, playbill, and souvenir program. The biography will contain professional credits and biographical data. The Actor shall have the right of approval of biographical material which approval shall be in writing and not unreasonably withheld. Such approval shall include an indication of the preferred cuts in the event that limitations of space require editing. Should the Actor fail to indicate such preferred cuts the Producer shall be free to edit at the Producer's discretion. Biographical material not disapproved within 48 hours of its submission to the Actor shall be considered approved. Replacement Actors engaged for one week or more shall have biographical material inserted in the program. (See Rule 12(B)(2)) (3) Omissions or Errors. In the event that there are errors or omissions in the printed cast listing in the playbill or program, the Producer agrees that upon receipt of written notice of an omission or error in such cast listing, the Producer will, within 24 hours (including at least one business day), place in the playbill or program a printed slip correcting the omission or error, and will also correct the omission or error in the next printing of the playbill or program, provided such notice is given at least 24 hours prior to the press deadline. Souvenir programs shall be corrected at the next printing. (4) Penalty. For each failure to either place a correction slip in the playbill or program as stipulated above, or to correct the playbill or program cast listing at the next printing, after proper notice, the Producer shall pay the Actor involved, a sum equal to one-eighth or one performance pro-rata, whichever is greater, of the Actor's contractual salary for each week or part thereof during which the omission or error continues. (See also Rule 71, UNION EMBLEM.) 8.

BINDING EFFECT OF AGREEMENT

All contracts of employment signed pursuant to this Agreement are binding not only upon the signers on the face thereof, but upon any and all corporations, co-partnerships, enterprises and/or groups which said signers or each of them directs, controls or is interested in, and are hereby agreed to be adopted as their contract by each of them.

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9.

BLACKLISTING

The Producer and Equity both pledge themselves to prevent blacklisting in the theatre. Opposition to blacklisting is not a controversial issue between the Producer and Equity. Blacklisting for the purposes of this Rule shall mean the submission by the Producer, directly or indirectly, to individual or group pressure, and/or the use of private lists, published or unpublished, of persons not to be employed in theatrical productions for reasons having no direct relation to their theatrical ability. 10. BREACHES BY PRODUCERS In addition to any other remedies available herein, each Actor affected herein shall receive up to two weeks' contractual salary or payment for 16 performances pro-rata, whichever is greater, as liquidated damages, no present basis of calculation existing, should the Producer: (A) Breach an individual contract of employment, or any part thereof; or (B) Breach or fail to abide by or conform to any Rule which is a part of the employment contract of any Actor; or (C) Make any false statement in connection with any employment agreement or regarding security; or (D) Employ or have employed any Actor under any form of contract other than a Standard Form; or (E) Be in default as to any employment contract with any Actor, or breach any such employment contract, past or present; or (F) In the future, breach any such employment contract; or (G) Fail to give or deposit security at the time and in the form and amount required by Equity; or (H) Otherwise breach or fail to live up to any contract of employment or Equity Rule; or (I) Should any situation arise where, because of the act of the Producer, or the Producer's fault or default, the Actor is released from the Actor's obligation to work, then in either of said events, the Actor may, Equity consenting, forthwith terminate the Actor's employment, and is released from the Actor's obligation to render services to the Producer. In addition thereto, the Producer shall pay the Actor forthwith, in full, for all services rendered by the Actor, plus any other sums to which the Actor may be entitled by contract or by Equity Rules, and for any damages that may arise under contractual law and also, as liquidated damages, no present basis of calculation existing, a sum equal to two weeks' salary. Against said sum equal to two weeks' salary, no offset shall be allowed the Producer for earnings of the Actor in a new or subsequent engagement. Disputes as to the applicability of the foregoing paragraph shall be subject to arbitration under Rule 5, ARBITRATION, and neither Equity nor the Actor may finally determine any question of violation or breach on the part of the Producer, except as to violations of Rule 10(D)and 10(H). In the event of the Producer's breach of Rule 10(D) or 10(H), Equity may intervene, without penalty to itself, and require the Actor to perform or rehearse or not perform or rehearse under such terms and conditions as Equity may consider just and equitable.

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11. CALLBOARD (A) An official callboard shall be maintained backstage at each Cabaret Theatre on which up-todate information important to the Actor shall be posted. (B) This shall include: (1) Worker's Compensation carrier and carrier number; (2) Names, addresses and telephone numbers of doctors, hospitals in the area; (3) Member of the Producer's staff who the Actor can contact in case of an emergency; (4) Information regarding fire exits and fire fighting equipment and proper procedures; (5) Notice of scheduled Day of Rest (See Rule 53(E), REHEARSALS); (6) Notice of rehearsal calls after opening, and other calls given by the Stage Manager; (7) Any concessions regarding Safe and Sanitary conditions. (See Rule 58) (8) Any notices, correspondence or letter(s) sent by Equity to the Company and labeled for posting. (9) The company Closing Notice, when applicable, and other communications from the Producer to the Company as a whole. (See Rule 68, TERMINATION). 12. CHANGES IN CAST: ANNOUNCEMENTS (A) This Rule shall apply to all Actors who play or understudy specifically identifiable characters listed in the program or playbill. All Understudies to Principal Actors shall be listed in the program or playbill, unless requested by the Understudy not to be listed. (B) When an Understudy takes the place of an Actor whose part listed in the program or playbill is a specifically identifiable character or when such an Actor is replaced by another then, either (1) Announcement of change in cast shall be made at the rise of the curtain stating the name of the Understudy or replacement Actor, the character portrayed, and the name of the Actor playing the character as listed in the program; or (2) Such announcement shall be made in all programs or playbills by the insertion of a printed slip stating the name of the Understudy or replacement Actor, the character portrayed, and the name of the Actor playing the character as listed in the program. (C) In addition to the above, such announcement shall be posted conspicuously and prominently, and in an unobstructed manner at the entrance to the theatre at the place where tickets of admission are collected. Such announcement shall be at least 8 x 10 inches in size with the names of the part and the Actor in letters of at least one inch. Posted announcements need list only the character and name of the Understudy or replacement Actor. (D) All further changes in cast made necessary by the absence or replacement of an Actor shall be posted on the lobby board or announced (either from the stage or by program insert) in the following manner: "At this performance, the part usually played by (Actor) will be played by (replacement Actor)."

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(E) For each failure to give the notice of substitution required by this Rule, the Producer shall pay the Actor whose part is played by an Understudy or another Actor, and also such Understudy or other Actor, a sum equal to one-half of Actor's own weekly contractual salary in addition to Actor's contractual salary. (F) All Understudies to Principal Actors shall be listed in the program and/or playbill. 13. CHORUS: ADDITIONAL COMPENSATION PROVISIONS (A) Chorus Playing a Principal Part. If a Chorus Actor is required to play a Principal part, , that Chorus Actor shall be paid no less than $22.00 a week in addition to the Actor's weekly contractual salary for each such assignment or part. (B) Chorus Playing a Chorus Part. If a Chorus Actor is required to play a part, speak lines, sing a song, or perform a dance that is individual in character, that Chorus Actor shall be paid no less than $17.00 a week in addition to the Actor's weekly contractual salary for each such assignment or part. (C) Understudy for Principal Role. If a Chorus Actor understudies a Principal Role, the Chorus Actor shall be paid not less than $20.00 per week in addition to the Chorus Actor's weekly contractual salary for each such role understudied. (See Rule 70, UNDERSTUDIES). (D) Understudy to Chorus Playing a Part. If a Chorus Actor understudies a part or specialty, as defined in (A) above, performed by another Chorus Actor, the Actor shall be paid no less than $15.00 per week in addition to the Actor's contractual salary for each part or specialty of the Chorus so understudied. (E) Swing. If there are six or more Chorus Actors in a production, the following shall apply: (1) A Chorus Actor of each gender shall be designated to swing one or more numbers in the production and shall receive no less than $15.00 per week in addition to the Actor's weekly contractual salary for each such assignment; or (2) A full Swing (i.e. a non-performing Chorus Actor who swings all or fewer than all Chorus Actors performing in chorus numbers in the production) of each gender shall be employed and signed to an appropriate Chorus contract, no later than two weeks after the first public performance. (3) If a Swing understudies a Principal role, the Swing shall receive no less than an additional one-eighth or one performance pro-rata, whichever is greater, of the Swing's contractual salary for each time the Swing performs the role. 14. CLAIMS (A) Waiver or release not permissible. Upon any claim of the Actor arising under the Actor's agreement through any breach thereof, no receipt, waiver, release or adjustment by the Actor is of any validity whatsoever, unless Equity consents in writing and the Producer by agreeing to this Rule, agrees not to seek or solicit any such waiver, release, or settlement, nor offer the same in any arbitration or any proceeding in court unless Equity specifically consents in writing. In no case shall claims of Actors under employment contracts be handled or enforced by agents or attorneys of said Actors unless same are consented to by Equity in writing.

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(B) Time limit in filing claim. Should the Actor deem that the Actor has any claim against the Producer under the Actor's contract, the Actor shall present the same to Equity or to the Producer within four weeks after the time when such claim shall have risen unless the Actor shall give to Equity and to the Arbitrator or to either of them a good and sufficient reason for any delay after such period of four weeks. 15. CLOTHES AND MAKE-UP (A) Costumes the Producer Must Provide. The Actor may not be required to use the Actor's personal wardrobe in the production. The Producer shall provide all costumes, shoes and clothing except modern conventional undergarments. In no event shall a Producer require the Actor to purchase any clothes for the production. (B) Rentals. No Actor shall rent or lend any wardrobe to a Production for use in any production until the terms of the rental, based on the schedule below, are stated in a rider to the Actor's contract of employment. This rider shall also include a mutually agreed upon total value beyond which the Producer shall not be obligated for further rental monies. The agreed upon payment shall be paid weekly to the Actor with the Actor's salary and by separate check. The following shall be the minimum weekly rental fee when an Actor furnishes the Actor's own clothing for a production, but in no way shall this schedule prohibit the Actor from negotiating a higher fee. Item Fee Item Fee Blouse $2.00 Skirt $3.00 Dance Shoes * $7.00 Slacks $3.00 Dress $5.00 Suit $10.00 Ensemble (shirt, tie, suit, shoes, hat) $15.00 Suit jacket $3.50 Evening clothes (tuxedo, gown) $15.00 Sweater $3.00 Hat $2.00 Tie $.50 Jeans $2.00 Tights, hose, stockings $1.50 Shirt $2.50 Topcoat, overcoat or raincoat $3.50 Footwear (except dance shoes) $5.00 Props (each) $2.00 Shorts $2.00 * Includes Professional Jazz Shoes, Character Shoes, Tap Shoes, Pointe Shoes, Dance Boots. (See also Rule 41, MUSICAL INSTRUMENT RENTAL.) (C) With respect to garments not appearing on this schedule, the rental or loan will be negotiated to the mutual agreement of the Actor and the Producer. When the Actor is provided the costume(s) by the Producer and the Actor elects, with the consent of the Producer, to wear the Actor's own clothing then, in this event, the Producer shall not pay any rental fee. The Producer shall furnish Actors engaged on Chorus contracts with all hats, costumes (period or modern), wigs, beards, hair pieces, footwear, including properly fitted shoes (which, if modern and conventional, shall be new), tights, hose and stockings.

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(D) Shoes and Dance Shoes (1) Shoes. .The Producer shall provide properly fitted footwear which, if for dancing, shall be new. All other footwear shall be clean, sanitary, and in good repair. (2) Dance Shoes. (a) The Producer shall provide properly fitted professional dance shoes for all members of the cast who are required to dance. Dance shoes may represent the period of a production or nature of a specific character (e.g., sneakers in West Side Story or athletic shoes in Damn Yankees) and must conform to the appropriate style of movement. All footwear shall be of suitable construction for dancing when used for theatre dance movement. Professional dance shoes are not required for normal ballroom dancing or where there are minimally choreographed movements. The Producer shall provide dance shoes at least one week prior to dance rehearsal. (b) The Producer shall furnish pointe shoes with ribbons for all rehearsals and performances requiring pointe shoes. The Producer shall furnish at least one pair of pointe shoes for each member of the cast called upon to dance in pointe shoes. New pointe shoes shall be provided sufficiently in advance of their use to allow the Actor adequate time to break in the shoes. (c) Shoes for dancing shall be rubbered and braced and shall be repaired or replaced whenever necessary. (E) Cleaning and upkeep. All clothing worn by the Actor for use in the Production, whether furnished by the Producer or not, shall be cleaned at the Producer's expense whenever necessary but at least every two weeks and laundered whenever necessary but at least twice a week. Producer shall make best efforts to have costumes aired after each performance. Costumes shall also be repaired or replaced whenever necessary. (F) Make-up. The Producer shall furnish all make-up except ordinary and conventional make-up. If the Actor is required to use body make-up, the Producer shall furnish freshly laundered towels for the removal of such make-up. Producer shall also provide body make-up remover. (G) Knee Pads and Protective Clothing. Prior to any activity that requires knee and elbow pads and protective clothing, the Producer shall furnish new and properly fitted (i.e. small, medium, or large) items for the exclusive use of the Actor for all rehearsals and performances. (H) Skin Parts. All skin parts shall be new upon issue to each Actor. Clean and dry skin parts, except for painted unitards (which must be dry for each performance), shall be furnished for every performance. Skin parts include but are not limited to: socks, stockings, pantyhose, tights, body stockings, underwear, t-shirts, bras, jockstraps, dance belts, dress shields, slips, and bathing suits. Commencing with their first public performance, Understudies and Swings shall be provided with their own set of skin parts. (I) Back-up costumes. Back-up costumes shall be provided whenever necessary. (J) Change of hair color. The Actor may not be required to change the color of the Actor's hair unless the Actor agrees in writing, and the Producer shall pay for the expense of changing the color and of its upkeep during the run of the engagement and of the restoration to the original color at the end of the Actor's engagement.

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(K) Change of hair style. The Actor may not be required to cut or change the style of the Actor's hair in any way, or to shave the Actor's head unless the Actor agrees in writing, and the Producer shall pay the original expenses and the upkeep of said hair or hair style during the run of the Actor's engagement. (L) Costumes for Understudies and Swings. Commencing with their first public performance, Swings and Understudies shall be provided with their own set of skin parts. A Swing or Understudy shall be provided with a properly fitted costume whenever the Swing or Understudy is required to perform. Any costume worn by another Actor shall be cleaned prior to its use by any Actor, Swing or Understudy and again prior to its further use by any other Actor, including the Actor to whom it is regularly assigned. However, if a Swing or Understudy who does not have a full set of costumes is required to appear, costumes worn by said Swing or Understudy must be cleaned not later than the first business day on which no matinee performance occurs following the Swing’s or Understudy's appearance, or as soon as possible. (M)Facial masks, Hair-pieces and Wigs. (1) All facial masks, hair-pieces and wigs shall be furnished by the Producer. (2) Beards and hairpieces furnished by the Producer shall be freshly cleaned when delivered to the Actor and cleaned thereafter whenever necessary but at least once every three weeks. Lace on all beards, mustaches and hairpieces will be cleaned daily. (3) No Actor shall be required to use a facial mask, wig or hairpiece including a facial hair piece (beard or mustache) which has been worn by another Actor until the facial mask, hairpiece or wig has been thoroughly cleaned and properly fitted. After cleaning, facial masks and hairpieces must be dried and aired prior to issue to the Actor. (4) Protective breathable liners must be inserted into facial masks whenever a Replacement or Understudy uses the facial mask of another Actor. Liners shall be issued for the exclusive use of the Replacement or Understudy. (N) Costume Fittings. The Actor shall be available for one costume measuring prior to the rehearsal period at a mutually convenient time, and one two-hour costume call in addition to the regular rehearsal hours during the rehearsal period, provided that the hours for the costume call and rehearsals shall be consecutive. Producer shall use best efforts to conduct costume calls at the place of rehearsal or the Actor shall receive carfare or transportation if required to travel to and from the costumer. 16. CONTINUOUS EMPLOYMENT Continuous employment is of the essence of all employment contracts; and all calculations of sums due or benefits accruing to the Actor shall be computed on the basis of consecutive rehearsals and consecutive employment. In no case shall employment begin with a "day off." 17. CONTRACT (A) Effective Date. Contracts between the Producer and the Actor must be signed before the Actor shall be permitted to rehearse or perform and shall be signed on the date when the terms of the contract are agreed upon between the parties. If not signed on said date when issued, they must be signed as of said date.

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(B) Signing of. Unless contracts are signed concurrently, they must be signed by the Producer first. If the contract is not signed concurrently, the Producer may notify the Actor or the Actor's designated representative, by personal delivery or certified mail, that, unless the contract is signed and returned to the Producer within a specified time period which shall be not less than 48 hours after receipt of the notice by the Actor, or the Actor's designated representative, the contract is null and void. (C) Changes and alterations. The Actor and/or Producer have no right or power to waive any of the minimum conditions set forth in the employment contract or Equity Rules without the written consent of Equity. Unless any and all riders, changes, alterations, waivers, or substitutions made prior to, when, or after a contract of employment is made shall have been consented to by Equity in writing, such riders, changes, alterations, waivers, or substitutions, or any part thereof, are void at the option of the Actor, Equity consenting. It shall be the duty of the Producer, not the Actor, to submit proposed changes to Equity for its written approval by a duly authorized representative. If Equity fails to notify the Producer of its disapproval of said riders, changes, alterations, waivers or substitutions within ten business days after receipt thereof by Equity, they shall be deemed approved. At the option of Equity, no such riders, changes, alterations, waivers, or substitutions shall be admitted in evidence in any arbitration or by any tribunal for the disposition of any claim without the written consent of Equity. The Producer agrees that all blanks, including opening date, name of part, and salary will be filled in, in writing, before signing or delivery. (D) A limited Term rider may be signed and affixed to contracts which provides that neither party may give individual notice for a period up to three or six months, provided that the Actor is contracted to receive the applicable Term minimum salary stipulated in Rule 59(F), (G), SALARIES. At least two weeks before the expiration of the rider, the Producer shall notify the Actor of the Producer's intention to renew the rider under the same or better terms, or to offer the Actor a Standard Minimum Contract under terms and conditions to be negotiated. Should the Actor and Producer fail to agree upon a renewal or on such terms and conditions for a Standard Minimum Contract, then employment will terminate on the expiration date of the rider. Limited Term riders shall only be permitted in Productions operating under a Weekly Contract. (E) Contracts covering employment in outside fields. Before any person holding a blanket employment contract covering several employment fields may work in any Equity jurisdiction, the Producer must secure and file with Equity a duly executed contract on a standard Equity form with such person, covering only employment within Equity's jurisdiction, which said contract shall be paramount to any then existing arrangement between said person and the Producer, and must be satisfactory to Equity, and shall exclusively govern the employment relationship of said person to said Producer while said person is working in any field over which Equity has jurisdiction. No Actor shall be required to work with any such person not holding such contract so procured and filed.

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(F) Executed Agreement. Within one week after entering into any employment contract (and where the Actor is employed after rehearsals have begun, within three days after the Actor has begun to rehearse) the Producer shall file with Equity a signed copy thereof. Failure to do so shall constitute a breach of contract by the Producer, and the Actor may, at any time, Equity consenting, terminate the contract without notice, and the Producer shall pay the Actor as damages for breach, a sum or sums to be computed as in the case of breach of Rule 10, BREACHES BY PRODUCERS. (G) Attempted breach. No Actor shall agree with a Producer, Employment Agent, Personal Representative, or other Actor, and no Producer shall agree with any Actor, Employment Agent, or Personal Representative to cause, or attempt to cause, or agree to permit any breach of any term of any employment contract. (1) Should any Actor engage in such conduct, said Actor shall be subject to such disciplinary action as Equity may determine. (2) Should any Producer be found by an arbitration award to have engaged in such conduct, said Producer agrees that such conduct on the Producer's part shall be a breach of the Producer's employment agreements with Actors, entitling any such Actors to recover from the Producer, Equity consenting, a sum equal to two weeks' salary as liquidated damages, no present basis of calculation existing. The Producer further agrees that upon such breach, the Producer's name may be posted on the "Defaulting Employers List" maintained at Equity. (3) In the event of a recovery of liquidated damages by or on behalf of the offending Actor, the same shall be paid into the Actors' Equity Foundation. (H) Hiring "As Cast." If in the contract of a Principal Actor, the Actor's part(s) is not specified, then, unless Equity shall otherwise order, the Principal Actor shall only be required to appear and perform in the part(s) in which the Actor makes the Actor's first public appearance. 18. CONVERSION RIGHTS (A) Subsequent Equity Contract/Agreement. (1) Should the Producer, or should any management, group or enterprise, which the Producer controls or directs, produce an original play or musical or a new interpretation of a play or musical under this Agreement and then produce the first subsequent production of the play or musical on a higher paying contract or on a standard contract in a Point of Organization city, the Producer agrees to offer any member of the Company employed on Equity contract who was originally engaged on the Cabaret Contract and who actually performed a role or function in the Cabaret production an opportunity to continue in said first subsequent production only. The Producer agrees that any offer shall be made in writing to the Actor, copy to Equity, at least two weeks prior to the date of first rehearsal for the subsequent production. The Producer may require the Actor to respond in writing, by hand delivery or fax, return receipt requested, within three business days of receipt of said offer. The Producer agrees to reimburse any member of the Company employed on Equity contract not offered the Actor’s same role or function three weeks' applicable minimum under said subsequent Equity contract for the Actor’s category under the subsequent contract or three weeks’ contractual salary, whichever is greater.

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(2) However, if any member of the Company on Equity contract who originally performed the role/function has been out of the production for a period of four weeks or more prior to the time the play is subsequently produced, the Producer may as an alternative, offer the role/function to any past or present member of the Company on Equity contract who has performed the same role or function for four weeks or longer. If no-one from the production who has performed the role or function for at least four weeks gets an offer, the Actors shall split the monies as determined by Equity. (3) In the event the Producer does not control or direct the first subsequent production of the play as set forth in Paragraph 1 above but has a financial interest in that subsequent production, the Producer agrees that any financial remuneration the Producer receives in connection with that first subsequent production shall be used on a 50/50 basis (Producer/Actors) to compensate the members of the company on Equity contracts who were not offered the same roles or functions, a maximum of three weeks’ applicable minimum for their category under the subsequent contract or three weeks’ contractual salary, whichever is greater. In the event the Producer’s financial remuneration is insufficient to compensate fully the members of the company on Equity contracts hereunder, payments herein above must be made on a prorated basis to all those entitled to such payment. (4) These conversion rights will remain enforceable for a period of three years following the close of the production. (B) Cabaret Production: From Code Production or 99 Seat Theatre Plan to Cabaret Contract. (1) Should a production produced under a Code or Contract with lower minimums subsequently be produced under this contract as its first Equity contract production within three years from the date of the prior production’s last performance, or should the prior production be optioned within three years from the date of the prior production’s last performance and be produced under this contract as its first subsequent Equity contract production during the option period or any extensions thereof, all actors who performed a function in the prior production shall receive a bona fide offer to perform the same role or function in the subsequent production or three weeks’ minimum salary at the applicable category level in lieu thereof. The Producer agrees that any offer shall be made in writing to the Actor, copy to Equity, at least two weeks prior to the date of first rehearsal for the subsequent production. Producer may require Actor to respond in writing, by hand delivery or fax, return receipt requested. (2) If any member of the Company on Equity contract who originally performed the role/function was out of the production for a period of four weeks or more prior to the time the play is subsequently produced, the Producer may as an alternative, offer the role/function to any past member of the Company on Equity contract who has performed the same role/function for four weeks or longer. If no-one from the production who had performed the role/function for at least four weeks gets an offer, the Actors shall split the monies as determined by Equity. (3) Multiple Productions. If two or more productions of the same property are followed by a subsequent production, the subsequent Producer’s conversion rights obligations shall be to the Actors in the first production until those rights expire.

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19. DANCE CAPTAIN When there is choreography and/or musical staging in a production, a Dance Captain shall be required and paid from the first day of assignment (i.e. first day of employment as Dance Captain) but in no event later than the first day of rehearsal. There will be no hiatus between Dance Captain assignments. An Actor performing the services of Dance Captain shall be paid an increment of no less than 20% of applicable minimum (weekly Minimum on weekly contracts or applicable Rehearsal and Performance minimums on Per Performance contracts, in addition to contractual salary. Provision for payment shall be included in a rider to the Dance Captain's contract. The Dance Captain’s rehearsal hours shall not exceed the maximum hours set forth in Rules 53(G)(2) & (H)(2) without incurring overtime. All provisions for breaks, rest periods (including overnight rest) as provided in Rule 57 REST PERIODS shall apply. The Stage Manager is prohibited from functioning as Dance Captain. 20. DEFAULTING EMPLOYER (A) A Producer shall not engage Actors unless and until said Producer shall have furnished security in such amount and in such manner and form as may be satisfactory to Equity to insure the payment of the claims of Actors against said Producer. (B) Any Producer engaging any Actor represents that said Producer is not in default under any Agreement with Equity at the time of such engagement, and that no contract has been entered into between said Producer and Equity or any Actors, any breach of which remains unsettled or unliquidated. (C) No Actor shall work or be required to work or to continue in the employment of any Producer, without the consent of Equity, to work for any person, partnership, corporation, enterprise, or group which has violated or is violating any Agreement with Equity or any of its Actors; or which has failed to abide by any arbitration award, or where, permitted herein, any final determination of Equity; or which, through failure to meet past obligations to Equity or its Actors, has been placed on Equity's Defaulting Employers' List; nor shall any Actor work for or be employed by anyone who is or has been connected, either as an individual proprietor, general partner, associate Producer, corporate director, officer, active stockholder or otherwise with any defaulting Producer so specified, without the consent of Equity. (D) No Actor shall work or be required to work or continue in the employment of any Producer or company, if and when Equity shall be dissatisfied with the quality or amount of any security which may be offered or given or requested by Equity, to secure the payment of any claim, present or future, of any Actor.

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21. DEFINITIONS (A) "Contractual Salary" shall be defined as the negotiated compensation received by the Actor and shall include, but not be limited to, understudy assignment(s), additional duties, extraordinary risk, parts payment(s), Dance Captain increments, and Assistant Stage Manager increments. Payments such as per diem; costume rental; meal break, rest period and back to back consecutive performance penalties; extra performance payments and emergency performance payments, shall not be considered part of a contractual salary. (B) Cabaret. Cabaret shall mean a 90 minutes or less theatrical production, including intermission, where the majority of the audience is seated at tables and chairs. Beverages and/or food service may be provided. (C) Actor. The term "Actor" shall refer to and include all persons hired on an Equity contract including Principal, Chorus, Stage Manager, Assistant Stage Manager, Dance Captain, Swing, and Understudy. (See Rule 72, UNION SECURITY ). (D) Principal Actor. The term "Principal Actor" shall include all Actors hired on Equity contracts other than those Actor engaged on Chorus contracts and/or engaged to perform Chorus work. (E) Chorus. The term "Chorus," “Chorus Actor,” "Chorus member," "member of the Chorus," "Actor engaged under a Chorus contract" and "Chorus performer" shall include Actors engaged under Chorus contracts and/or actually performing Chorus work, as may be determined by Equity. (F) Stage Manager. The term "Stage Manager" shall refer to and include all persons performing the customary duties of "Stage Manager," "First Assistant Stage Manager," and "Second Assistant Stage Manager." (G) Final Curtain. Final Curtain shall be defined as the last curtain down at which point the Actors are released from Stage. (H) Understudy. The term “Understudy” shall include all Actors performing understudy duties. (1) A General Understudy is a member of the company who does not otherwise perform. (2) A performing Understudy is a performing member of the company who also understudies other roles. (I) Workweek and Workday. A "week" shall mean from and including Monday through Sunday. A "day" shall mean at least 24 hours, in addition to the regular period of rest allowed at the close of each working day. 22. DEPUTIES AND EQUITY MEMBERS: NO DISCRIMINATION (A) The Producer shall not dismiss or otherwise penalize any Actor for fulfilling the Actor's duties or obligations as a Deputy or an Equity member. (B) In the event the employment of a Deputy is terminated for any reason whatsoever, the Producer shall furnish written reasons for such termination to both the Deputy and Equity at the time of dismissal.

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(C) Any Deputy or member who claims that the Producer has given the Actor notice or otherwise penalized said Deputy or member for fulfilling the Actor's duties either as a Deputy or as an Equity member may present the Actor's case to Equity who shall give the Producer an opportunity to be heard, if the Producer desires this opportunity. If Equity is satisfied that such activities are the real cause of dismissal or of any penalty, it may permit the Actor's claim to be arbitrated and shall have the power to determine the character and the amount of the claim to be submitted. (D) It is further agreed that, if upon arbitration the claim of the Deputy or member is sustained, the arbitrator shall have the right to impose a penalty, which penalty shall be at the discretion of the arbitrator, but shall not exceed the sum of $1000 or five weeks salary, whichever sum is the greater. If the Deputy's or member's claim is sustained, said Deputy or member shall also be reinstated with back pay from date of dismissal to date of reinstatement. 23. DEPUTIES AND EQUITY REPRESENTATIVES (A) Deputies shall be required in each company. Whenever Chorus are employed, there shall be a Deputy for Chorus singers and dancers, in addition to a Deputy for Principal Actors. Deputies shall have the duty and obligation to report non-compliance with the Rules Governing Employment in Cabarets to Equity. (B) Duly authorized representatives of Equity shall have free access to the stage and to all Actors at all times, inclusive of rehearsals and performances. (C) Sufficient time shall be set aside during the beginning of the rehearsal period for an Equity Representative to conduct Equity business. Such time shall not be considered part of the official rehearsal hours. 24. DUES AND INITIATION FEES The Producer shall deduct from the Actor's salary and remit to Equity, union dues, plus initiation fees, and assessments, provided that the Producer receives timely notice from Equity, with proper authorization, agreed to and signed by the Actor. 25. DUTIES OF THE ACTOR (A) The Producer shall not request or permit anyone signed to an Equity Contract to perform such duties as hosting, waiting tables, and/or busing. No Actor shall perform duties other than those for which the Actor is properly contracted on an Equity contract. (B) The Actor shall: (1) Be prompt at rehearsals; (2) Appear at the theatre no later than one-half hour prior to the performance; (3) Pay strict regard to make-up and dress; (4) Perform the Actor's services as reasonably directed, to the best of the Actor's ability; (5) Properly care for the Actor's costume and props; (6) Respect the physical property of the production and the theatre; and

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(7) Abide by all reasonable Rules and regulations of the Producer not in conflict with Equity Rules. (See also Rule 55(B), REPLACEMENT OF ACTOR.) 26. EQUAL EMPLOYMENT OPPORTUNITY/NON-TRADITIONAL CASTING/NONDISCRIMINATION (See Rule 6(G) AUDITIONS / Equal Employment Opportunity / NonTraditional Casting / Non-Discrimination, Rule 43 NON-DISCRIMINATION, Rule 44 NONTRADITIONAL CASTING.) 27. EQUITY: SPECIAL PROVISIONS (A) Equity may represent Actors in any dispute which may arise with the Producer, and Equity may, at all times, represent Actors in relation to any matter arising under any employment agreement, and when any act or request or consent of any such Actor is provided for in such agreement, the request, consent, or approval of Equity shall, for all purposes, be deemed the consent, request, approval or act of the Actors. (B) Meetings. The Producer shall not require the services of the Actor for rehearsals (except in cases where dress rehearsals are being held or rehearsals on opening day) at any time when a regularly called Equity membership meeting is being held. Time off for this purpose shall not be counted as a part of that day's rehearsal. (C) Special Authority to Act for the Actor. (1) Whenever it is provided in any employment contract that any act or thing may be done by an Actor at the option of, or with the consent of, or at the request of Equity, or on the demand of or with the consent of such Actor, Equity, representing the Actor, has and is given the authority to act for and in place of the member and to assert the Actor's position or make the Actor's request or demand as the case may be, with all of the power and authority of the Actor, without liability to itself. (2) In all cases where, by virtue of any employment contract, the consent, or approval of Equity is required, the Association has and reserves full discretionary power in giving its consent to change, modify or limit rights of any member under that member's contract, said action to be taken on behalf of the Association in writing by either the President, Executive Director, or one of the Equity executives, especially authorized to act. (D) Oral and written interpretations. Oral or telephone rulings made by Equity are not binding upon the Association or, except with its consent upon Actors. Written rulings or interpretations of the employment contract or the Agreement Governing Employment in Cabarets must be either approved or given by the President, Executive Director, or an Equity representative specifically authorized to act, and shall be binding upon Equity only when said persons act within the powers delegated to them by Equity. (E) Should there be any conflict between any Rules or any basis for more than one interpretation as to the meaning of any of them, Equity shall have the right to determine the correct interpretation or resolve the conflict, and its decision shall be binding. (F) Determination of classification. Equity shall have the sole right to determine whether an individual is correctly classified as an Actor, Chorus, Stage Manager, or Assistant Stage Manager, and the Producer agrees that Equity's determination shall be final.

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28. EXCLUSIVE SERVICE OF THE ACTOR Except as otherwise provided in the contract of employment, the Actor shall not accept any other engagement in the legitimate and/or musical comedy field from the date of beginning of rehearsal and until said contract is lawfully terminated (except as provided in Rule 39, MORE REMUNERATIVE EMPLOYMENT and Rule 68, TERMINATION) without the written consent of the Producer. The Actor shall, however, have the right to accept other employment, not conflicting with the fulfillment of the Actor's duties under said contract. 29. HEALTH BENEFITS The Producer shall contribute to the Equity-League Health Trust Fund for every week or part of a week (including rehearsals) that an Actor is under a weekly contract, and/or for all workweeks (including rehearsal and performance) that an Actor is under a per performance contract that has a performance schedule of four or more performances per week. (A) In productions with four or more performances per week in which the total weekly Actor minimum salary is less than $400.00, a Health contribution of no less than the prevailing LOA Health Rate (including Supplemental Workers Compensation) shall be paid on behalf of each Actor as follows: Effective October 17, 2011 – October 14, 2012 Effective October 15, 2012 – October 13, 2013 Effective October 14, 2013 – October 12, 2014 Effective October 13, 2014 – October 11, 2015

$148.00 TBD by Equity TBD by Equity TBD by Equity

(B) In productions with four or more performances per week in which the total weekly Actor minimum salary exceeds $400.00 per week, a Health contribution of no less than the actuarial Health Rate (including Supplemental Workers Compensation) shall be paid on behalf of each Actor as follows: Effective October 17, 2011 – October 14, 2012 Effective October 15, 2012 – October 13, 2013 Effective October 14, 2013 – October 12, 2014 Effective October 13, 2014 – October 11, 2015

$180.00 TBD by Equity TBD by Equity TBD by Equity

(C) The Producer further agrees to be bound by the Agreement and Declaration of Trust establishing the aforesaid Equity-League Health Trust Fund, including all its Rules and regulations and any and all amendments and modifications thereto which may be adopted by its Trustees during the term of this Agreement. 30. HOUSING (A) In the event the Actor is employed away from Actor's place of residence, the following shall be applicable: (1) The Producer shall supply housing with full kitchen and private bathroom facilities at no cost to the Actor. Each Actor must be provided a single, private bedroom. 26

(2) The Actor may not be required to live on the theatre premises, or in theatre-owned and/or Producer-owned premises as a condition of employment. Equity has the right to inspect "on premises" living quarters. (3) If the Producer owns or leases living accommodations, Producer may offer these to the Actor provided these accommodations have been approved by Equity. (4) If the Actor agrees to accept these accommodations, the Actor may do so in the form of a rider to the Actor's contract. (B) Expense Money. When the Actor is required to be away from Actor's place of residence, which address shall conform to that registered with the AEA Membership Department, the Actor shall receive, in addition to Actor's own contractual salary, per diem expense money as follows: $25 per day if housing has kitchen facilities; $50 per day if housing does not have kitchen facilities. (C) The Producer will ensure that there are accessible accommodations when an Actor with a disability is employed. (D) If the Producer transmits a list of Equity approved housing to the Actor at least 10 days prior to the Actor's arrival at the theatre, the Producer may require the Actor to notify the Producer of the Actor's choice within four days after receipt of written notice from the Producer that such prompt choice is required. Once the Actor has selected a room from this list and has notified the Producer or Producer's representative of Actor's choice, Actor must accept such choice on arrival or make Actor's own housing arrangements. The YMCA, or any other such comparable accommodations, may not be considered a choice. (E) On request of the Actor, the Producer will assist the Actor in obtaining a telephone in Actor's living accommodations, such phone to be installed at the Producer's expense and maintained at the Actor's expense. (F) The Theatre shall provide, at no cost to the Actor, Internet access in the Actor’s housing either via wireless or a portal (hook-up). When the Actor is housed in a hotel or other accommodations where Internet access is available for a fee, the Theatre shall reimburse the Actor for the expense of Internet access for so long as the Actor is housed in such hotel or other accommodations. (G) The Producer warrants and guarantees that the living accommodations secured for the Actor shall be clean and sanitary. Such accommodations shall include bedding, bed linens, and towels and, where a kitchen is included, cooking and eating utensils shall be furnished. (H) The Producer is obligated to secure living accommodations for the Actor and is not responsible for securing accommodations for the Actor's family or pets. (I) The Producer, at Producer's expense, shall furnish round-trip transportation to the Actor for all performances and/or rehearsals under the following conditions: (1) No available public transportation. (2) No suitable living accommodations within one-half mile of the theatre by normal transportation routes.

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(J) In all cases where no suitable shopping and/or public dining facilities are available where the Actor can obtain three meals a day during normal meal hours, seven days a week, within one-half mile of the Actor's lodgings and/or theatre by normal transportation routes, the Producer shall provide round-trip transportation to such dining facilities daily and to an area of diversified shopping including a bona fide supermarket twice a week (if shopping is further than one-half mile or if there is no pedestrian way between shopping and housing). (K) If housing and/or restaurants are more than one-quarter mile from the theatre, the Producer will furnish transportation for Actors who are physically disabled or 65 years of age and over, and for all Actors in the event of inclement weather or in the event that the Actors are required to use unlighted roadways after dark. (L) Local transportation may be furnished in a "Company Car" or a "Cast Car" (and they may be the same vehicle) but each car shall be properly insured, operated by a properly licensed driver, and each Actor shall be provided with Actor's own seat facing forward in the car. The car shall be in good repair with functioning heating and ventilating facilities and shall be equipped with modern safety devices. It is further agreed that such "company" and/or "cast" car will be covered by $500,000/ $l,000,000 liability insurance. (M)Transportation shall be furnished in such manner that the Actor will arrive at the theatre onehalf hour prior to the beginning of each performance, and promptly for each rehearsal and shall be available to return the Actor to Actor's living quarters no later than one-half hour after each performance and promptly after each rehearsal. Public transportation shall not mean public conveyance for private hire, such as taxis. (N) It shall be the Producer's obligation and responsibility to locate and reserve suitable living accommodations for all Actors employed; and either to have the Actor met on Actor's arrival in the town, or instruct Actor in advance where to go on arrival. (O) Security Measures. Where possible, in addition to tumbler locks, there shall be a dead bolt lock on all exterior doors of the Actor's quarters. Neither the Actor's room number, address or phone number shall be given out by the theatre's business or box office, except to an authorized Equity representative, unless authorized to do so by the Actor. Phone calls of an emergency nature shall be promptly relayed to the Actor by the Producer. Emergency phone numbers will be posted on the official Equity Callboard. 31. ILLNESS AND SICK LEAVE (A) During Rehearsals. When the Actor shall have absented himself from rehearsal for seven days by reason of illness or injury, the Producer may terminate the Actor's contract at the end of said seven days. Equity may, in its discretion, upon appeal by the Producer, reduce this period. (B) During Performances. If the Actor cannot perform on account of illness, injury (other than an injury as specified in Rule 32, INJURY AND SUPPLEMENTAL WORKER’S COMPENSATION) or any other valid reason, then the Actor shall not be entitled to any salary for the time during which said services shall not for such reason or reasons be rendered. Should the foregoing condition continue for a period of 10 calendar days or more, either party may terminate said contract and the Producer shall pay for all services to the effective date of termination.

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(C) Sick Leave. The Actor shall accrue one day of sick leave during the rehearsal period. At the end of the rehearsal period, this day converts to a credit of one performance of sick leave if it has not been used. Actor shall accrue sick leave at the rate of one performance for each four weeks of employment. When there are three or less scheduled performances per week, Actor shall accrue sick leave at the rate of one performance for each ten weeks of employment. (1) Actor shall be entitled to "borrow" up to six performances of sick leave (when there are six or more scheduled performances per week) after Actor's first six weeks of employment or first paid public performance, whichever is later. This entitlement expires after Actor accrues six performances of sick leave or if there are four weeks or less remaining on Actor's contract. (2) Sick leave shall be credited at the beginning of each period. (3) If an Actor's salary has been reduced as a result of illness before sick leave has accrued, when the Actor earns sick leave the Actor will be reimbursed an amount equivalent to the deduction. Sick leave, however, shall not be added to or be consecutive with the Actor's vacation without written consent of the Producer. The Producer may require reasonable proof of illness. (D) Sick Pay. Upon the termination of the Actor's employment, and provided that the Actor has been employed for at least 40 working weeks within a year, the amount of accumulated sick leave, up to eight performances per year of employment, shall be paid to the Actor on the basis of the applicable minimum salary from the date of first employment. (E) Disability Leave. Any Actor who becomes disabled during the course of Actor's employment in the production shall be eligible for Disability Leave in accordance with the following provisions: (1) Actors on Term contracts are not eligible to request a leave under this provision. (2) An Actor who is unable to work may request an unpaid leave of absence for a period of up to 12 months. (3) Such request must be supported by an acceptable medical certificate indicating the time necessary for the leave. (4) Actors are eligible to request only one such leave for any single medical condition within the period of employment. However, if a work-related injury is at issue, Actor shall be eligible for one extension of the leave and/or one additional leave if the Actor returns to work prematurely or the same work-related injury recurs. Producer may, in Producer’s discretion, limit total leave(s) for a single work-related injury to a 12-month period, measured from the first day of the first leave. (5) The Producer shall use best efforts to insure that the duration of the leave relates to the nature of the disability. However, in order to accommodate the needs of the production, the Producer may require that the leave be at least three months in length. (6) Actors on approved leave must notify the Producer at least one month prior to the expiration of the leave of their intention to return to work as scheduled or to resign. (7) When a disability leave is requested, Equity will advise the Actor about sick leave benefits, health benefits, medical coverage and, if applicable, the procedures for direct payment.

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(8) Prior to an Actor's return from a leave, Actor will be required to establish that Actor is able to meet the artistic and physical requirements of the production. In addition, at Producer's option, Actor may be required to submit to an appropriate examination by Producer's medical representative at Producer's expense. Actor at Actor's option may seek a second opinion at Actor's expense. (9) The Actor's salary on the Actor's return to the production will be the same as when the leave began. (10) Temporary replacement Actors may be hired under "Replacement Contracts" for periods up to the full term of the leave. The replacement Actor may be employed for the designated term on a Standard Minimum or Term contract. Under no circumstances will the Producer be required to employ both Actors simultaneously. Such replacements will not be eligible for disability leave under the terms of this provision. (11) During the term of disability, the Actor shall not be entitled to any salary for the time during which services are not rendered. Upon Actor's return to the production, Actor shall give no more than three days of free rehearsals. (F) Unpaid Absence Only for Compelling Circumstances or Emergency. Where there is an Understudy on contract and ready to perform, an Actor shall be entitled to take up to three days of unpaid absence in each year of employment for compelling circumstances or emergency. An example of a compelling circumstance or emergency shall include, but is not limited to, a wedding, graduation or medical emergency. Such absence is subject to the following: (1) Actor will give one week's written notice when possible. (2) The Producer may limit the number of Actors out at any one time for Unpaid Absence but may not limit it to fewer than one Actor per performance. (3) Such absence may not be taken during the week between Christmas and New Year's except in extraordinary circumstances. (4) Such Unpaid Absence may not be used by Actor to accept other work or to attend an audition. (5) Producer may require Actor to explain the compelling circumstance or emergency. (6) Any Unpaid Absence for a non-compelling circumstance may be granted at the Producer's sole discretion. (G) Bereavement Leave. Actors shall be entitled to take up to three days of paid leave in each employment year to attend the funeral(s) of a member of the Actor's immediate family (including, but not limited to, in-laws, domestic partners and spousal equivalents). 32. INJURY & SUPPLEMENTAL WORKER’S COMPENSATION (A) Worker's Compensation. The Producer must obtain and maintain Worker's Compensation insurance coverage for all Actors under the Producer's employ in accordance with the requirements of law. Failure to obtain Worker's Compensation shall make the Producer individually liable. This obligation shall survive the termination of the Actor's individual contract of employment.

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(B) Supplemental Worker’s Compensation. The Producer shall provide Supplemental Worker’s Compensation supplementing Worker's Compensation Disability benefits through a group policy administered by the Equity-League Health Trust Fund at a cost not to exceed $2.00 per Actor per week. Supplemental Worker’s Compensation is payable in addition to Worker's Compensation for an injury received in the course of employment. A schedule of benefits may be obtained at the Equity Office. (C) "Extraordinary Risks" are defined as, but not limited to performing acrobatic feats; suspension from trapezes or wires or like contrivances; the use of or exposure to weapons, fire, or pyrotechnic devices; or the taking of dangerous leaps, falls, throws, catches, knee drops, or slides. Such definition shall also include set construction which is inherently dangerous. An Actor shall also be deemed to be engaging in Extraordinary Risks if the staging or choreography requires the performer to execute movements which depart from the accepted techniques of movement and support as used in contemporary theatre dance, i.e., classical ballet, modern, modern jazz, ethnic, tap and soft shoe. (D) Extraordinary Risk Payments. An Actor called upon to perform "extraordinary risk" shall receive not less than $12.50 per week above contractual salary, such payments to begin at the time of such assignment. Equity shall have the sole right to determine what constitutes "Extraordinary Risk" as defined herein, and may in its discretion order that such Risk be removed from the production. Equity's decision shall in no way reduce the Actor's right to proper insurance coverage under the provisions of this Rule. The Actor must agree by means of a contract rider if the Actor agrees to perform "extraordinary risk". 33. INTIMIDATION (A) An Actor shall not be compelled to participate in encounter groups, sensitivity sessions, or classes which Actor deems dangerous to Actors' mental health or an infringement upon Actor's mental or physical privacy. (B) If an Actor makes claim in writing to Equity within seven days that Actor was intimidated into terminating his contract by being compelled to participate in such encounter group, sensitivity session, or class, Equity shall promptly notify the Producer. If such intimidation is acknowledged or established, the Actor shall be reinstated and shall be made whole for any loss. (C) Neither the Producer, nor any personnel under the Producer's supervision or control, shall intentionally intimidate, harass or humiliate any Actor at any time, including, but not limited to, all communications to Actors in connection with artistic notes. However, it is understood that there is no intent to interfere with the original Director's or original Choreographer's ability to critique Actors in connection with artistic notes. 34. LAY-OFF: CHRISTMAS AND HOLY WEEKS (EASTER AND JEWISH NEW YEAR) (A) Provided that the Producer shall have given the Actor two consecutive weeks of employment prior to the Christmas and Holy Weeks, and gives to the Actor two consecutive weeks' employment subsequent thereto, and further provided that the show reopens after lay-off in the same theatre, the Producer shall have the right to lay-off the company during these weeks and/or for no more than seven consecutive days during the 14 day period prior to Christmas Day. There shall be no less than seven days notice of any such lay-off.

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(B) Should such lay-off take place, the Producer shall not during said period be entitled to the services of the company, except for a run-through rehearsal on the day of re-opening. Equity may allow additional rehearsals in case of change in cast or illness of the star or prominent member of the company. 35. LAWS GOVERNING (A) All contracts of employment shall be subject to, be construed by, and all the rights of the parties thereto shall be determined, by the laws of the applicable state except as otherwise may be provided. (B) If there are any valid provisions of law applicable to a contract of employment which are in conflict herewith, the provisions of the contract which conflict therewith shall be deemed modified in conformity with the provisions of such applicable laws. (C) If any provision of this Agreement shall be held invalid or unlawful by any tribunal of competent jurisdiction, the remaining provisions shall not be affected thereby, but shall remain severally valid, binding and in full force and effect. 36. MEDIA: RECORDING & BROADCAST For purpose of this rule, the term “Recording” shall refer to any taping, filming, digital, or audio recording, or any other electronic or mechanical reproduction or other substantially similar current and evolving methods of recording, in whole or in part, of any production in which Actors are employed under the terms and conditions of this Agreement. Requests to Record beyond the following provisions must be submitted in writing to Equity at least 30 days in advance unless special circumstances do not permit such notice. Such permission will not be withheld unreasonably. These terms shall be in effect from the beginning of employment until 16 weeks after the production has closed. Recordings may not be used for note sessions with Actors, as a replacement for rehearsals, or to discipline Actors. (A) A cast album may be made of a Cabaret production, under the terms and conditions of the Off-Broadway Cast Album Rider. (B) Commercials. Equity shall permit the Actor to make a Commercial of one minute or less duration promoting the theatre or production, if not less than the applicable SAG or AFTRA minimum is paid to the Actor. If a commercial is made from still photographs of persons in the cast, each Actor contained within the photograph, whether recognizable or not, shall receive not less than the applicable SAG or AFTRA minimum. When a Stage Manager or Dance Captain is required to do any work other than performance in connection with a Commercial, the Producer shall pay not less than the applicable SAG or AFTRA On-camera Principal Performer rate to said Stage Manager or Dance Captain. (1) There must be at least 24-hour notice to the Actors prior to any Recording. In the event notice is not given, every Actor under contract shall be paid double the applicable AFTRA/SAG rate.

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(2) When a commercial is recorded in the theatre, every Actor called to the theatre shall be paid the applicable AFTRA/SAG rate. (3) If a Commercial is made from Advance News Footage (under (C) below), the applicable AFTRA/SAG session fee will be due each Actor, plus the Stage Manager in addition to any AFTRA/SAG use fees. (C) Newscast, Three-Minute Excerpt. A Recording may be made of the production for the exclusive use in a newscast review or a featured story on the production under the following conditions: (1) During a Rehearsal. (a) Recording and interview session shall not exceed one-half hour of the rehearsal. (b) The Stage Manager shall file a report with Equity within one week of such session giving the time utilized for the Recording and interview session. Said report shall be initialed by the deputy. (c) The Producer shall make every reasonable effort to: give the cast 24-hours notice. (d) Up to three Recording sessions may be scheduled during which all stations must do their Recording. (e) If the time of the Recording is changed, the Producer shall notify the cast of such change and of the re-scheduled time. (2) At a Performance. (a) Recording may not exceed one-half hour of footage. (b) If possible, the cast must be given 24-hours' notice. (c) When cameras are going to Record, cast must be given notice at the half-hour call. (d) There shall be no Recording where there is any interference with the Actors such as the requirement for additional lighting or the movement of equipment. (3) Additional Footage. (a) The Producer may Record interviews, backstage footage and other nonrehearsal/non-performance footage (together, “Additional Footage”), on an individual voluntary basis. (b) The Producer’s intent is to show the Actors in the best possible light. (c) The Actor’s written permission is required at the time of Recording for costume fittings/changes and warm-ups. There may be no Recording of nudity. (d) There is no limit on the amount of Recording or use of Additional Footage. (4) Up to three minutes of combined rehearsal and performance footage may be used in a newscast review or featured story. Such three-minutes may not contain an entire musical number or scene. (5) No payment shall be required hereunder provided no payments are made to any other personnel employed in the production.

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(6) A Stage Manager shall be present at every Recording under this paragraph (C). (7) For any violation of this paragraph (C), other than violations of unauthorized subsequent uses of the Recording, the Producer shall pay one week's contractual salary or Production contract minimum, whichever is higher, to each Actor whose rights have been breached hereunder. Such payments shall not preclude any right in law or equity, civil, or criminal that arises under a breach of this paragraph (C) which the Actor has against the Producer or any third party. (D) Advance News Recording. The Producer may Record Advance News footage, provided that Producer adheres strictly to all the terms and conditions of Rule 36(C), in order to be able to supply footage to news stations which cannot, for whatever reason, supply their own crews to take such footage. The Producer will advise all media to whom the footage is supplied of the terms and conditions outlined in this Agreement under which the airing of such footage is governed. The Producer will be limited to one such Recording per production and remains liable for any claims resulting from any misuse of such footage. (E) Notice to Broadcast Media. The Producer agrees to ensure that all broadcast media through which the Producer intends to promote the show shall receive a letter outlining the provisions of the contract which govern the use and/or reuse of any Recordings of productions under this Agreement. (F) Subsequent Use of Three-Minute Excerpt. (1) Subject to permission from Equity, footage which has been produced in compliance with paragraph (C) above, may be reused on certain Network and Major market programs identified by Equity in addition to "hard news" programs to illustrate reviews and feature stories about current productions, theatres, and personalities associated with same, provided that such reuse shall be in accordance with the appropriate AFTRA or SAG Code. The Producer shall ensure that Actors who appear in such segments shall be compensated at not less than the AFTRA or SAG Minimum then in effect and that such reuse is controlled by Agreement between the Media Producer and AFTRA or SAG. If no local minimum has been established, the local rate then in effect in New York or the appropriate Regional Equity City (Los Angeles, San Francisco, or Chicago) shall apply. (2) For any failure of the Producer to secure the assent of Equity to subsequent use of News recordings, failure to secure properly executed AFTRA agreements, or failure to insure proper and timely compensation of performers under terms of this paragraph, Producer shall be required, in addition to any other payments which may become due, to pay one week's contractual salary to each Actor whose rights shall have been breached hereunder. Such payment(s) shall not preclude any right in law or equity, civil or criminal, that arises under breach of this paragraph (F) which the Actor has against the Producer or any third party. (3) It is not intended that Award Programs which are especially produced and devoted primarily to entertainment industry awards and in which Actors have customarily appeared in scenes or numbers Recorded or performed live for the awards presentation be considered under terms of this paragraph even if the awards program were to be produced by a television news department.

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(G) Web Sites. (1) Up to a total of five minutes of Advance News footage, in accordance with (D) above may be used without additional compensation, on web sites of the Theatre or the individual production, including pages on non-embeddable third-party hosting sites (e.g. Facebook).: (2) An entire scene or musical number may be used. (3) Neither merchandise promotion nor ticket sale information shall be presented on the same “page” as footage from the show. However, a link may be provided to a separate page with information about merchandise or tickets. (4) There may be no promotion of any other product(s) on the “page” where the footage will be seen without Equity’s prior written consent. (5) If voice-over or other live Actor work performance is required in addition to the permitted footage, the applicable AFTRA/SAG Agreements shall apply to such voice-over or other work. (H) Use of Footage After Expiration Date of Contract. Any footage produced under this Rule 36 shall continue to be governed by the terms of this Agreement without regard to the expiration of this Agreement and without regard to the amendment of this Agreement except to the extent that such amendment shall so provide. (I) Use of footage for any purpose other than specified above is strictly prohibited. For any violation under this Rule, the Actor shall be paid no less than two weeks’ contractual salary, or Production Contract minimum, whichever is greater, in addition to any AFTRA or SAG amounts, which may be due. 37. MINORS The following special provisions shall apply to all Minors. The term “Minor” as used herein means any Actor who is both under 19 years of age at the time of signing and who has not completed high school. (A) Auditions for Minors shall begin no earlier than 3:30 pm on school days. (B) Producer shall provide a responsible person to supervise Minors during the rehearsal period and, all performances, from the half-hour call until Minor(s) is called for by a responsible parent or adult designated by the parent after curtain down. Actors and Stage Managers in the production shall not perform such supervisory duties. (C) Tutoring. The Producer shall provide a tutor for all Minors in his employ whose work schedule intrudes on the Minor’s normal school hours. Tutorial time shall be deducted from the allowed rehearsal hours. (D) Dressing Rooms. Producer will assign dressing room space for Minors in age-appropriate combinations, which shall be separate from the adult Chorus or Principals.

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(E) Travel. Whenever Minors are required to travel, they shall be accompanied by a parent or adult designated by the parent. All terms and conditions under which the Minor’s parent or designated accompanying adult will travel and lodge during the Minor’s term of employment shall be described in a rider to the Minor’s contract, which rider shall be attached to the Minor’s contract prior to signing. Producer-provided housing shall be appropriate for two people. (F) During the rehearsal period (including technical rehearsals) the Minor(s) under the age of 16 shall be dismissed no later than 11:00 p.m. 38. MILITARY SERVICE; OF THE ACTOR If the Actor is called to report for military service, the Actor may cancel the Actor's contract by giving the Producer as much notice as the circumstances will permit and the Producer shall pay the Actor's transportation to the Actor's place of engagement and the Actor shall not be obligated for the payment of the fare of Actor's successor. 39. MORE REMUNERATIVE EMPLOYMENT (A) Short-term Employment. Should the Actor, while signed to a Cabaret Contract, show proof of more remunerative employment in the entertainment industry, the Actor shall be free to accept such employment upon written notice to the Producer (with a copy to Equity), without obligation on either party for performances lost. Short-term employment as defined in this Rule is employment of no more than two weeks. An Actor replacing another performer on short-term employment notice shall be guaranteed one week's employment plus the applicable rehearsal pay for each day or fraction thereof the Actor is called upon to rehearse. If the Producer must engage an additional Actor to replace a "bit" player herein the Actor replaced may not return in less than one week. If, at the expiration of two weeks, the Actor has not returned to the cast, the Producer shall have two additional weeks to fill the part. (B) Long-term Employment. Should the Actor, while signed to a Cabaret Contract, show proof of more remunerative long-term employment in the entertainment industry, the Actor shall be free to accept such employment upon written notice to the Producer. A copy of said notice must be filed with Equity, and at its expiration, the Actors' Cabaret Contract shall terminate. (See Rule 67, TERM OF EMPLOYMENT.) (C) For short-term employment, at least 24 hours written notice must be given after five weeks from opening. 72 hours written notice must be given until five weeks after opening. For long-term employment, seven days written notice must be given. (D) No Actor shall give notice, short-term or otherwise, to be effective either during any of the final seven days of the regular permissible rehearsal period, including opening night, or during any of the seven days prior to the official opening, including opening night, whichever comes first. 40. MOTION PICTURE RIGHTS (A) If the Producer owns or participates in the Motion Picture Rights of a Play or Production, the Producer shall sign the Equity Motion Picture Rights Agreement prior to the signing of any individual employment contracts. The Producer further agrees that this Motion Picture Rights Agreement is, and is offered as a material inducement to the Actor, and is of the essence of the Actor's employment contract.

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(B) In the event the Motion Picture or other Mechanical or Electrical Reproduction Rights are subsequently sold, leased, licensed, or otherwise disposed of, the Producer or other signatory to the Motion Picture Rights Agreement agrees that up to a maximum of 50% of the monies received from said sale shall be used exclusively to reimburse all Actors engaged on the Cabaret Contract who originally appeared, stage managed, or understudied at the official opening performance or, if there was no official opening, the Actors who appeared, stage managed, or understudied at the first paid public performance, in an amount equal to three weeks of performance or two weeks salary at the Standard Production minimum salary then in effect, whichever is greater. 41. MUSICAL INSTRUMENT RENTAL The Theatre shall negotiate with the Actor a weekly instrument rental rate when the Actor agrees to use his own musical instrument for a production. The rate agreed to shall be stated in a rider to the Actor’s contract. Compensation shall commence with the first use, including use in rehearsal. 42.

NO LOCKOUTS OR STRIKES

Notwithstanding any other provisions contained in this Agreement to the contrary, no Actor shall be subject to discharge, discipline, or replacement by the Producer: (A) For refusal to cross a picket line or enter upon the picketed premises if employees of the Producer other than those covered by this Agreement are on strike or are picketing the Producer or; (B) For refusal to cross a picket line or enter upon the premises of an employer other than the Producer if the employees of such employer are engaged in a strike ratified by the representative of such employees which such employer is required by law to recognize. Provided, however, that in either instance, such strike or picketing must enjoy the sanction of and be ratified by the relevant parent national or international union and provided further that the Council of AEA endorses and supports the strike or picketing and directs its Actors to honor such picket line or strike, and further provided that the strike or picketing is not in violation of the law, or; (C) For refusal to enter a theatre if, at Equity's sole discretion, such performance or entrance could endanger the Actor's safety. 43. NON-DISCRIMINATION. (A) The Producer shall not discriminate against any actor because of race, color, creed, age, disability, national origin, sex, gender identity and/or expression, sexual orientation or political persuasion or belief. (B) The Actor shall not be permitted to perform in any theatre or other place of performance where discrimination exists on the basis of race, color, creed, national origin, sex, gender identity and/or expression, disability, age, sexual orientation or political persuasion or belief against any actor or against any patron as to admission to or seating in such theatre or other place of performance. Equity, not the individual Actor or company, shall determine whether discrimination exists at the place of performance.

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44. NON-TRADITIONAL CASTING (See Rule 6(G)(3), AUDITIONS, Non-Traditional Casting, Rule 26 EQUAL EMPLOYMENT OPPORTUNITY, RULE 43 NON-DISCRIMINATION, 45. NUDITY (A) Interviews/Auditions. (1) Sex acts shall not be permitted. (2) Nudity shall not be permitted at Principal Interviews. (3) Nudity at Auditions (Principal and/or Chorus Auditions) shall not be permitted except with the express written consent of Equity and shall be subject to the following guidelines: (a) An Actor shall not disrobe, in whole or in part, until after the Actor has been auditioned as a Principal Actor or Chorus Singer and/or Chorus Dancer; and (b) A Stage Manager or an official Equity representative must be present; and (c) The direct professional and artistic supervisory capacity of all persons present (i.e., Producer, Director, Choreographer) must be attested to by the Producer in writing to Equity. (B) Rehearsal/Performances. (1) Actual sex acts during rehearsal or performance shall not be permitted. (2) The Actor shall not appear nude or perform acts of a sexual nature in the course of a stage presentation unless the Actor has been advised and gives written consent by the time of Actor signing the contract. The script shall be submitted to the Actor prior to contract signing for review if Actor so requests. (3) The Actor shall not pose for nude photographs or appear nude for any motion picture filming, videotaping or other forms of visual recording without the Actor's prior written consent. (4) Photographs in which any Actor appears nude or performs an act of a sexual nature shall not be used in any way without the prior written consent of each Actor appearing in the photograph or copy of the photograph on a fully executed "Nude Photograph/Video Release" form. The Actor's written consent must also appear on a copy of the photograph release. Such request to utilize the photograph must specify the specific use for the photograph. The signed, released photograph and release form shall be filed with Equity. The Producer and the Actor shall keep duplicate records. Prior to the release or use of any film, or video tape, video cassette, or any electronic or mechanical reproduction in which any Actor appears nude, each Actor appearing in the scene shall be given an opportunity to view the film or tape. Use or release shall not be permitted without the prior written consent of each Actor participating in a scene where any Actor appears nude or performs acts of a sexual nature on a fully executed Equity Nude Photograph/Video Release form. The Producer shall file a copy of the fully executed release form for each Actor with Equity. An authorized Equity representative must be present at all such photographing, filming or videotaping and shall be given the opportunity to view the materials prior to use or release. 38

(5) Actor shall not, while nude, mix with the audience or leave the stage, backstage or performance area. The Producer shall take all necessary measures to insure that no member of the audience will be permitted to enter the stage, performance area or backstage while any Actor is nude. (6) Artists' renderings of nude Actors shall not be permitted. (C) If the Producer breaches any of the above provisions, the Actor shall be assessed damages of no less than one week's contractual salary for each violation of any of the provisions set forth above for each Actor involved. The above provisions shall not preclude the Actor or Equity from instituting any civil or criminal action in addition to the damages set out in this Rule. 46. NUMBER IN CAST The number of Stage Managers, Principals and Chorus performers employed by the first paid public performance date may not be reduced for any reason. 47. PENSION AND 401 k DEFERRAL (A) The Producer shall participate in the Equity-League Pension Trust Fund and shall make weekly contributions thereto in an amount equal to 8% of all gross payments made to the Actor. This shall not include the minimum required costume rental payments to the Actor. (See also Rule 56, REPORTS). The Producer further agrees to be bound by the Agreement and Declaration of Trust establishing the aforesaid Pension Trust Fund, including all its Rules and regulations and any and all amendments and modifications thereto which may be adopted by its Trustees during the term of this Agreement. (B) 401(k) Plan Deferral. The Actor shall have the option to contribute to the Equity-League 401(k) Plan. The Producer agrees to make salary deferrals, as directed by the Actor, to the extent permissible by law, and remit same to the Plan. No contributions shall be required of the Producer. The Producer further agrees to be bound by the Agreement and Declaration of Trust establishing the Equity-League 401(k) Plan, including all its rules and regulations and any and all amendments and modifications thereto that may be adopted by its Trustees during the term of this Agreement. 48. PERFORMANCES (A) Number of. (1) Eight performances in any one week of six out of seven consecutive days shall constitute a week's work. The number of performances per week must appear on the face of the contract when submitted to the Actor for signature. There shall be no more than two performances in any one day, except as may be authorized by Equity. The length of performance shall not exceed two consecutive hours from the time the scheduled half hour is called to final curtain. (2) Performances shall not begin prior to 2:00 PM. nor conclude later than 11:30 PM., except when a twi-night performance is given. The second of such twi-night performances may not start later than 12:00 AM (See also Rule 57(B), REST PERIODS for twi-night performances.)

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(3) However, provided seven days notice is given to the cast, student matinee performances may be held prior to 2:00 PM if 12 hours have elapsed since the conclusion of the previous night's performance. (4) Upon two weeks written notice to the cast and to Equity, the Producer may alter the Actor's day off to accommodate a revised performance schedule. This Rule shall not apply to the rescheduling of the official opening night. (5) Full contractual compensation shall be paid, even if less than the contracted number of performances are given in any week. (6) Total intermission time shall not exceed 30 minutes. (B) Overtime. Should any of the above provisions be exceeded, overtime shall be paid at the rate of $11 per one half hour or part thereof. (C) Extra Performances. Extra performances in excess of that number stated on the Actor's individual contract are permitted only with the consent of Equity and under terms and conditions as prescribed by Equity. Requests for extra performances must be submitted in writing at least 10 days prior to the contemplated performances and must contain such information as Equity requires. (D) Payments to Actor. All performances or rehearsals for which admission is charged are to be counted and considered as performances for which the Actor is to be paid. 49. PHOTOGRAPHS AND PUBLICITY (A) Company picture calls, except those during the authorized rehearsal hours or dress rehearsals for replacement, shall be limited to a maximum of three during any 12 month period, but in no event more than two during the rehearsal period. (B) Subject to the limitations of (A) above, (1) The Producer may require the Actor to pose not only photographs, but also for photographs to appear in magazines purpose of publicizing and advertising the play, provided said immediately following the matinee or evening performance rehearsal hours or dress rehearsals required for replacements.

for customary and usual or newspapers for the sole photographing takes place or during the authorized

(2) Picture calls may be scheduled between performances when two performances are given in one day only with the consent of the majority of the Actors involved taken by secret ballot. Notice of a picture call must be at least a 24-hour notice and must be posted before the final half hour of a performance. If the Producer desires to take pictures at the time auditions are held, such pictures may be taken with the written consent of the Actor, prior or subsequent to the auditions, but in no event during auditions. (3) The time during which said photographs may be taken shall not exceed two hours. (4) When Photograph calls are allowed between performances the Actor shall have not less than one hour rest period after the first performance and the Producer shall, at the Producer's expense, provide the Actor with a hot meal. If the calls take place after the second performance, refreshments shall be made available to the Actor(s) at the Producer's expense.

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(5) In the event the Producer requests a picture call for the purpose of replacing a photograph required to be removed under the provisions of Rule 7, BILLING AND PROGRAMS, or for other reasons resulting from the replacement of an Actor, and such picture call involves three or less performers, the time and place of such picture call shall be mutually arranged between the Producer and the Actors and such a call shall not be considered a Company picture call under the above Rule. (6) If the photographs are taken at a time other than hereinabove specified, or if the limit of hours herein specified is exceeded, or if the limitation of Section (A) above is exceeded, the Actor(s) shall be paid not less than one-eighth or one performance pro-rata, whichever is greater, of contractual salary extra for each day or part thereof employed on such photographing. (7) In all cases under the control of the Producer, the Actor's name shall be properly credited in the publicity whenever and wherever the photographs are used. (8) If the Actor does not receive proper credit in photographs or publicity under the control of the Producer, Equity or the Actor shall notify the Producer by certified letter return receipt requested of the improper credit. If such error is not corrected by at least one week of receipt of said notice to the Producer, the Producer must pay the Actor one-eighth or one performance pro-rata, whichever is greater, of Actor's contractual salary for each day the error remains uncorrected. (C) If Actor performs any material from the show, it will be under terms specified by Equity. (D) The Producer shall reimburse the Actor for all reasonable personal expenses incurred in connection with personal and publicity appearances initiated or required by the Producer. All interviews and personal appearances shall be at the Actor's convenience and with the Actor's agreement, and the Actor shall be paid transportation to and from any interview or personal appearance. The Producer shall have the right to designate the form of transportation. (E) The Producer must obtain the Actor's prior written authorization before the Actor's picture may be used in conjunction with a commercial product and said authorization must specify the commercial product involved. If the Actor consents to the use of the Actor's picture, as aforesaid, the Actor shall be paid not less than $200 for said use. Actors called to a picture call for the purpose described above, whether said call is at the theatre or elsewhere, shall be paid $200 per hour for said call, but shall be paid no additional sums for the use of pictures taken during said call. This requirement of the above Section (E) shall not apply to the so-called institutional ads similar in type to the department store ads on file at the offices of Equity. 50. PRODUCTION PROSECUTED (A) 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, or any State or any municipality in any State, and should a claim or charge be made against the Actor on account of being engaged in such production, either civil or criminal, the Producer shall defend the Actor at the Producer's expense, or shall pay any and all reasonable charges laid out or incurred by the Actor in the Producer's defense, and indemnify the Actor against any loss or damage which the Actor may suffer on account of being engaged in any such production.

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(B) The language, business and costuming of the play are under the control and direction of the Producer and author, who according to custom, can at any time erase or amend the scenes and lines, and that consequently the Actor has no certain method of knowing during rehearsals, whether in its final presentation the play is susceptible of being considered immoral or indecent. Therefore the Producer represents to the Actor that the play as produced shall not violate any law or give offense which is punishable by any law, and expressly agrees that should the Producer or the author be arrested or summoned on such charges, that, Equity consenting, the Actor may end and terminate the engagement forthwith. Upon such termination the Producer shall pay to the Actor forthwith all sums due under this Agreement plus one week's salary, as compensation for the termination of the engagement without notice, but in no event shall the Actor receive less than a total of two weeks' salary. (C) This Rule shall not apply to any case or any set of conditions where its enforcement would be illegal or against public policy. In the case of an arrest on account of the nature of the play or its production, the Producer shall forthwith furnish bail for the Actor; and, in the event of the Producer's failure to do so, or for any breach of this Rule, the Producer shall pay to the Actor, Equity consenting, the sum of $1000. After an arrest, the Actor may demand a suspension of performance pending a determination, and such suspension shall not terminate or otherwise affect the terms of the Agreement unless Equity shall otherwise order. 51. PROPERTY; REIMBURSEMENT TO ACTOR (A) The Producer shall reimburse the Actor for all loss and/or damage to the Actor's property used and/or to be used in connection with the play or plays covered by this Agreement; the personal clothing worn by the Actor to the theatre, and the personal clothing or personal effects or property worn or carried by the Chorus to Chorus auditions; and the personal effects of the Actor, including the Actor's baggage, while such property is wholly or partly in the possession or control or under the supervision of the Producer, or under that of any of the Producer's representatives, or while said property is in any theatre, building or other place in which the play or plays covered by this Agreement has been or is being given or is to be given; or when said property or personal effects has been in any way shipped, forwarded or stored by the Producer or any of the Producer's representatives, agents, or employees, up to a limit of $2000 for the Actor's personal effects and/or clothing; up to a limit of $750 on the Actor's furs; up to a total limit of $500 for the Actor's jewelry. (B) Except that, if the Producer provides facilities for safekeeping the Actor's personal valuables, jewelry and/or cash not used in the production, while said articles are in any theatre, the Producer shall be liable for loss and/or damage only if said personal valuables, jewelry and/or cash are given to the Producer or the Producer's agent for safekeeping. In this regard, the Producer shall provide facilities for safekeeping of said articles, and to inform all Actors of same and of the necessity for using such facilities (under the provisions of this Rule) by a written notice posted on the call board. The Actor's signature on this notice shall be deemed proper notice to the Actor of the existence of these facilities. (C) The Producer shall be liable as hereinabove provided whether or not the act, fault or negligence of the Producer, the Producer's agents, or representatives, caused or contributed to such loss or damage. The Producer, however, shall not be liable for any loss or damage to the property of the Actor while said property is under the sole and exclusive control and supervision of the Actor. 42

(D) Except as above provided, the Producer shall not be responsible for any loss and/or damage to the personal property of the Actor over and above the limitations herein set forth, and where as to such property it is the duty of the Actor, if the Actor desires to protect himself against loss, to insure the same. The Producer may meet the foregoing obligation by maintaining adequate and sufficient insurance coverage which shall provide the same protection as the Producer hereby assumes. Upon the direct payment of any loss or damage to the Actor by the Producer, the Producer or the Insurer shall be subrogated to all rights of the Actor to the extent of such payment. 52. RECORDINGS USED IN PRODUCTION (A) The Actor shall not be required to work in any company where recordings or mechanical or electronic reproductions of voice are used to supply dialogue, singing and chanting, or business where live Actors might be employed, unless the Producer shall have first obtained the written consent and permission of Equity, and shall comply with all such terms and conditions as Equity may prescribe. (B) Ensemble Recordings. An Actor engaged to record material which is ensemble in nature (unrecognizable) for use in the production may do so provided that Actor is originally contracted for the duty or contracted by rider to participate in such recording and further provided that the Actor is compensated upon leaving the production at no less than one week's or eight performances pro-rata, whichever is greater, of Actor's contractual salary if the recording is used in the production after Actor's termination. (C) Individual or Duet Recordings. An Actor engaged to record material which is individual in nature (i.e., recognizable) for use in the production may do so provided that Actor is originally contracted for the duty or contracted by rider to participate in such recording and further provided that the Actor is compensated upon leaving the production at no less than two week's or 16 performances pro-rata, whichever is greater, of Actor's contractual salary for each 26 weeks' use of the recording. (D) In the event no one in the cast is appropriate for the purpose of making a recording for use in the production, the Producer may hire an Actor at the AFTRA non-broadcast, off-camera daily rate provided no more than two minutes of such recorded material is used in the production for each such Actor. Any recording so produced may be used for that one production only. (E) An Actor or Assistant Stage Manager called upon to supply recorded dialogue or sweetening, and not contracted to do so, shall be paid no less than an additional one-sixth or one performance pro-rata, whichever is greater, of Actor's contractual salary. A Stage Manager called upon to supply recorded dialogue or sweetening shall be paid no less than an additional two weeks or 16 performances pro-rata, whichever is greater, of Actor's contractual salary. (F) This provision will not apply to recognizable "star" voices and Equity will not require payment for same provided the Producer obtains written permission from any such star currently living. The definition of "star" shall be determined by Equity in its sole discretion.

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53. REHEARSALS (A) Beginning of. Rehearsal pay shall begin with the date specified on the Actor's individual contract. Subsequent to the signing of a Cabaret contract, the Actor may agree to attend a first play reading prior to the first day of rehearsal. If the Actor does attend, the Actor's Pension and Health contribution shall begin on such date, and payments therefore shall be made, and the Actor shall receive one-sixth or one day pro-rata, whichever is greater, rehearsal salary; provided that the period between such reading and the Actor's first rehearsal shall not exceed two weeks. (For requirement of Stage Managers prior to and at rehearsals, see Rule 65, STAGE MANAGERS.) The Producer and/or Stage Manager must notify Equity of the time and place of the first day of rehearsal at least two days prior to the first rehearsal. (B) Except as stated in 53(A) above, rehearsals shall be continuous from the date of the first rehearsal to the date of the first public performance of the play as stated on the face of the Contract of Employment. Computation of rehearsal hours shall be consecutive from first call to each Actor on each day. (C) Rehearsal Salary. (1) Minimum hourly rehearsal salaries shall be payable at no less than the Minimum Rates specified below. Minimum Rates: Actor, Understudy: $13/hr. Assistant Stage Manager $15/hr. Stage Manager/ASM/Understudy: $17.50/hr. (2) Weekly Contracts Under Tiers 3, 4, 5, and 6. Rehearsal may be compensated at the appropriate weekly minimum salary. (3) Rehearsal Salary, Week of 1st Public Performance (Weekly Contract Only): In companies in which the Actor is paid the hourly rehearsal rate, if performances are prorated in the week containing the first paid public performance, all rehearsals shall be compensated at the hourly rehearsal minimum, and all performances shall be compensated at no less than 1/8th of contractual salary. Actor shall receive no less than the appropriate weekly minimum salary for that week. (D) Rehearsal Period. During the first 4 weeks of rehearsals, rehearsal salary shall be paid. Thereafter, full contractual salary shall be paid. If after six weeks the production has not had a first paid public performance, rehearsal time shall not exceed 32 hours per week. (E) Days Off. There shall be one day off after no more than six days of employment in each week of employment, except for the final seven days of rehearsal preceding the first paid public performance, said day off to be completely free of any rehearsal and/or performance. (F) Rehearsal Calls. All rehearsal calls shall be a minimum of four hours.

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(G) Rehearsals Before First Paid Public Performance. (1) Breaks. During the rehearsal period there shall be a recess of one and one-half hours after a period of not more than five consecutive hours of rehearsal. In addition, there shall be a break of five minutes in each hour of rehearsal for both musical and dramatic productions. If a five minute break is not given by the end of 55 minutes, a 10 minute break must be provided at the end of 80 minutes. (See Rule 57, REST PERIODS.) (2) Hours. The Actor shall not rehearse more than eight and one-half consecutive hours a day, which shall include the one and one-half hour recess provided in (G)(1), said eight and one-half hours to be computed from the time of rehearsal call for each Actor. The maximum rehearsal time in any week shall be limited to 42 hours. The Company, by unanimous consent, may elect to rehearse seven out of eight hours. The maximum rehearsal time set forth above shall not apply during the final seven days of rehearsal preceding the first paid public performance. During said period, rehearsals shall not exceed 48 hours nor shall the span on any single day exceed the actual number of hours rehearsed plus a one and one-half hour rest period, and in no event more than three rehearsal days using 10 hours of rehearsal out of an 11 and 1/2 hour day. (3) On-Stage Technical Rehearsal. There must be at least one complete technical rehearsal on-stage (without an audience) prior to the first paid public performance. (H) Rehearsals After First Paid Public Performance. (1) Breaks. After the first Paid Public Performance there shall be a recess of one and onehalf hours after a period of not more than five consecutive hours of performances and/or rehearsals combined. (2) Hours. Rehearsals after the first paid public performance shall be limited to eight hours each week, 10 hours weekly for Understudies, and shall take place on no more than two days. No rehearsals after the official opening may be held on two-performance days except with the permission of Equity. However, Understudies who are not performing may rehearse on a two performance day. The performing cast shall not be called to understudy rehearsals for more than four hours per week. After the first paid public performance, rehearsal hours for Dance Captains shall be limited to ten hours per week without additional compensation. There will be no rehearsal on the day following the day off except for the first public performance, the official opening, previews, emergency and/or cast replacements if the replacement is going into the performance that evening. Rehearsals called for the purpose of replacing musicians shall be paid for at the overtime rate. (3) Rehearsals after Performance. Rehearsals shall not be scheduled after an evening performance. However, notes may be given for a period not to exceed one hour after curtain, such time to be chargeable as rehearsal hours. Note sessions may only be scheduled with 24-hours written notice to the Actors. (4) Rehearsals after Opening. Rehearsals may only be scheduled with 24-hours written notice to the Actors.

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(5) Per Performance Contract. Actors under a Per Performance contract shall be compensated for all rehearsal at the appropriate hourly rehearsal salary for each hour or part thereof. (See (C)above.) (I) Rehearsal Pianist. The Producer shall provide, at the Producer's expense, a rehearsal pianist for all musical rehearsals. (J) Overtime. Should the Actor rehearse more than the hours stipulated in this Rule, the Producer shall pay overtime of $11 per half-hour for any half-hour or part thereof for each instance of such overtime rehearsal. (K) Attendance at. After the official opening, if the Actor has other employment on a particular day and notifies the Producer for that purpose, the Actor shall not be required to attend a rehearsal called on said day. Such notice shall not be less than 72 hours. (L) Costume Measuring. The Actor shall be available for one costume measuring prior to the rehearsal period at a mutually convenient time, and one two-hour costume call in addition to the regular rehearsal hours during the rehearsal period, provided that the hours for the costume call and rehearsals shall be consecutive. The Actor shall receive carfare or transportation if required to travel to and from the costumer. (M)Absence From. (See Rule 31(A), ILLNESS AND SICK LEAVE.) (N) Rehearsals discontinued or play abandoned . If a production is abandoned before or during rehearsals, the Producer shall pay the Actor a sum equal to two weeks contractual salary plus all rehearsal salary due to date. (O) Rehearsal for Replacements. The replacement Actor shall be guaranteed no less than six hours of rehearsal including, if possible, a complete run-through with the entire company prior to his first public performance. 54. REOPENING OF A PRODUCTION A production once closed shall not be reopened within eight weeks of its closing, or reopen under any Equity contract, without the consent of Equity. Such consent, upon equitable terms and conditions, shall not be unreasonably withheld. 55. REPLACEMENT OF ACTOR. (A) Unless Equity shall otherwise order, the Actor may not be required to alternate with an Understudy or successor, and if replaced by either, the Actor may not thereafter be required (unless Equity otherwise orders) to act again in the part or to report at the theatre for that purpose. Payments, however, shall be continued to be made to the Actor according to the terms of the Actor's agreement. (B) Inability to Perform. (1) If the Actor is temporarily replaced for a single performance because the Actor is late for half-hour or appears at the theatre unable to perform due to intoxication or similar cause, the Producer, subject to the provisions of Rule 5, ARBITRATION, may determine that the Actor shall not perform. In this instance 55(A) shall not apply and the Actor shall be required to perform thereafter, provided the Producer notifies Equity in writing of such action, and the reasons therefor within 24-hours. Should such temporary replacement be 46

determined to be without just cause by an arbitrator or by other mutually agreeable means, the Actor shall be paid full salary for any performance not played as a result of the Producer's action, and shall continue to perform under the Actor's contract. (2) Should the Producer dismiss an Actor for inability to perform due to intoxication or similar cause and so notify the Actor in writing, and also notify Equity of such action and the reasons therefor within 24 hours, the above provisions shall not apply. If it should be determined by an arbitrator or by other mutually agreeable means that the dismissal was without just cause, the Actor shall be paid full salary for any performances not played as a result of the Producer's action and shall be required to immediately resume the Actor's performances when notified to do so by the Producer. Payment for the missed performances must be paid prior to the Actor resuming performances under the Actor's contract. Pending the determination of the arbitrator, the Actor need not report to the theatre. Unless it is determined by an Arbitrator or by other mutually agreeable means that such dismissal was unjustified, the provisions of (C) shall also not apply. (C) Should a Producer dismiss or give an Actor notice whereby the Producer terminates the Actor's employment (except where employment is terminated during rehearsals or under the provisions of Rule 55(A)), the Producer may not re-engage the Actor for the same part or replace the Actor by another Actor at a lesser salary than the highest salary in the original contract without the written consent of Equity. (D) If an Actor is signed to a Cabaret contract, and the Actor's part is cut out before the first public performance, the Producer shall pay to the Actor a sum equal to two weeks contractual salary plus any rehearsal salary due. If the part of an Actor signed to a Limited Term contract shall have the Actor's part cut before the official opening or up to eight weeks from the first day of rehearsal whichever is sooner, the Producer may terminate said contract by the payment of a sum equal to four weeks contractual salary to the Actor, in addition to all sums due for services rendered, plus four additional weeks salary to the extent that the play runs more than four weeks after the Actors part is cut. (E) Emergency Replacements. (See Rule 70(I), UNDERSTUDIES.) 56. REPORTS. (A) W-2 Forms. W-2 Forms shall be furnished to the Actor with the last salary payment or within 30 days following the end of the calendar year, whichever is sooner. Equity may, at its discretion, at any time, require the Producer to submit proof satisfactory to Equity that all Actors employed are given a withholding tax receipt (W-2 Form) and statement of Social Security deductions. Each Actor shall receive all information regarding refundable state and local taxes and all forms applicable to same, or if not immediately available, information as to where such forms may be obtained with final pay (B) The Producer must furnish to Equity, on a form supplied by Equity for that purpose or on a computerized version of said form, a weekly "Pension and Health" report listing all Actors employed by the Friday following the last performance of the week. Pension and Health reports shall be sent to: (1) AEA Contracts Department; (2) AEA Membership Department; (3) the Equity-League Health Trust Fund; and (4) the Equity-League Pension Fund.

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(C) If the Producer does not file Pension and Health reports for four weeks, the Producer shall pay to the Actors' Equity Foundation the sum of $25 for each subsequent week of failure to do so. 57. REST PERIODS (A) There shall be a 12 hour rest period between the end of employment on one day and the beginning of employment on the next day, except on the final day before the first paid public performance when the rest period may be not less than 10 hours, including Stage Managers. (B) Twi-Night Performances. There shall be no less than one-half hour rest period, exclusive of half-hour between twi-night performances. The Producer shall provide refreshments to all Actors and Stage Managers between twi-night performances. 58. SAFE AND SANITARY CONDITIONS OF EMPLOYMENT The Producer shall provide the Actor with safe and sanitary places of employment. (A) Rehearsal Spaces. (1) The Producer agrees not to rehearse in any space that has not been previously inspected and approved by a Representative of Equity. (2) Rehearsal Spaces shall include: (a) Heat and air conditioning as necessary. (b) One private toilet for each gender. (c) Adequate wash basins with adequate hot and cold water. (d) Proper ventilation. (e) Touch-tone pay phone. (f) For dance rehearsals: sprung dance floor. (g) Ample, pure, cool drinking water shall be provided at not cost wherever the Actor is required to rehearse or perform. (h) First Aid kits, stocked with adequate supplies, shall be available and easily accessible at all times to rehearsal areas. (B) Performance Spaces. The Producer agrees not to perform in any space that has not been previously inspected and approved by a Representative of Equity. (1) All stage areas (including non-traditional stage areas) will be well ventilated and every effort will be made to keep stage areas at a comfortable and healthful temperature by the time of the Actors’ call. Heating and air-conditioning systems shall be properly maintained in good working condition.

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(2) Should temperatures exceed or drop below a comfortable and healthful level, appropriate modifications will be made in order to allow Actors to perform comfortably. Appropriate modifications may include but are not limited to costume adjustments, fans, portable air conditioning units, dehumidifiers, portable heaters, ice packs and cool drinking water. (3) Floors, Condition of:. (a) Actors shall not be required to rehearse, audition or perform dances or musical staging on concrete or marble floors or on any other surfaces which Equity shall deem to be injurious or unsafe, or on wood or on any other substance laid directly over such similar surface which do not provide adequate resilience. (b) Where a portable stage is used, platforms must be fastened securely and the stage completely covered by a level deck or decks of such material as wood or masonite. The edge of all decks must be clearly visible or protected by securely fastened guard rails. (c) Pits not in use shall be covered completely by a firm material. (d) All floors on which the company performs shall be thoroughly washed or vacuumed at least once prior to each performance. The Producer will advise the wait staff that all food and drink spills must be properly wiped up immediately to prevent the risk of injury. (4) Raked Stage. Raked Stages are prohibited. (5) Smoke and Haze Effects. (a) Permitted Substances. The Producer agrees to use only dry ice, liquid nitrogen, or substances listed in, and in accordance with the specified limits set forth in the HEALTH EFFECTS EVALUATION OF THEATRICAL SMOKE, HAZE, AND PYROTECHNICS. (b) Notice Requirements. (1) Prior to the first day of tech, the Producer must send written notification to Equity which shall include the following: (a) Names of all machines, fluids and attachments (e.g. chiller, etc.) (b) Indicate whether each effect will be following the time and distance calculations in the EQUIPMENT-BASED GUIDELINES FOR THE USE OF THEATRICAL SMOKE AND HAZE or a portable air-sampling monitor as outlined in the EVALUATION OF SHORT-TERM EXPOSURES TO THEATRICAL SMOKE AND HAZE AIR SAMPLING PROTOCOL both prepared by ENVIRON International Corporation dated May 14, 2001 and as may be amended by Environ and Mount Sinai. (2) Prior to the first paid public performance, the Producer must send written notification including but not limited to the following: (a) The location and setting of each machine and fluid combination (b) A list of the cues, including the cue lengths and the distance between the effect’s release point and the nearest actor.

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(3) Thereafter, the Producer must notify Equity, in writing, of any changes and/or additions to the original notification not later than 72 hours prior to the first use. (4) The Producer must post all written notifications to the Actors’ callboard. (6) Dressing Rooms. (a) Separate dressing rooms for male and female Actors will be provided. (b) Dressing rooms (except quick-change booths) shall be of a permanent type, and shall not be only under canvas. (c) Each Actor shall be provided at least 30 inches of dressing table space. (d) All dressing rooms shall have adequate lights, chairs, mirrors at least one foot by two feet in dimension, shelves and wardrobe hooks for Actors' make-up and dressing equipment, and clothing racks or their equivalent with hangers for the Actors' personal clothes. (e) All dressing rooms shall be maintained in a clean and sanitary condition. Floors shall be washed or vacuumed at least once each week, and dressing rooms cleaned at least once each working day. (f) Dressing rooms shall be painted and maintained as necessary. Peeling paint and loose plaster shall be repaired upon written notification by Equity as soon as practicable. (g) At the Actor's request, the Actor shall be the only person permitted to clean Actor's own dressing room table and mirror. (h) Use of fluorescent lighting for make-up purposes is prohibited unless the fluorescent lighting is specifically warranted by the manufacturer to be for make-up purposes. (i) All dressing rooms must be properly heated or air-conditioned and every effort will be made to keep the rooms at a comfortable and healthful temperature by the time of the Actor’s call. Each dressing room must be equipped with air-conditioning systems, aircooling systems or some similar type of mechanical. Heating and air conditioning systems shall be property maintained in good working condition, and cleaned as necessary to insure proper ventilation and the circulation of air. Producer shall use best efforts to supply these mechanical devices upon notification from Equity. Should the Producer fail to take steps to provide mechanical devices within 48 hours of notification from Equity, the Actor, Equity consenting, shall not be required to remain at the theatre. Ventilation shall meet the standards set by the municipal health codes. (j) An indoor touch-tone telephone with the ability to access long distance carriers and touch-tone services (answering machines and voice mail) shall be accessible to the Actors dressing room areas. (k) Alleys and roads leading to stage doors of theatres shall be safe, easily accessible and properly lighted. Runways between dressing rooms and the theatre shall be covered and paved or boarded. (l) Dressing room entrances and windows shall be properly masked from the view of the audience, wait staff and other personnel backstage to insure the Actor's privacy. (m)There shall be a fire extinguisher accessible to each dressing room.

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(7) Lavatory and Toilet Facilities. (a) Separate sanitary facilities will be provided for male and female Actors. Toilets and lavatories will be easily accessible to the cast at all times and will be separate facilities from those provided for the audience (b) The Producer will provide soap, toilet tissue and paper towels. (c) Sinks with hot and cold running water shall be available or reasonably convenient to the dressing rooms. "Reasonably convenient to" shall mean within the same building and in the dressing room area. (d) In all theatres where the Actor has dancers, requires nudity, is required to use body make-up, there shall be showers with hot and cold running water. (e) Washrooms and toilets must be cleaned at least once each working day. Floors shall be washed or vacuumed as least once each week. Showers as specified in (d) above shall be available for use and cleaned as necessary. (f) Washrooms shall be painted and maintained as necessary. Peeling paint, loose plaster and faulty plumbing shall be repaired upon written notification by Equity as soon as practicable. (g) Any walkway between the dressing rooms and toilet facilities shall be masked from the view of the audience. (h) Sanitary facilities must be accessible when performers with disabilities are employed. (8) Stage Managers’ Booths. Stage Manager’s booth shall have: (a) Adequate table space for the Stage Manager’s use (b) An adequate adjustable seat (c) Adequate lighting (d) And, to the extent possible, an unobstructed view of the stage. substantially obstructed, a video monitor shall be provided.)

(If the view is

(e) The Stage Manager’s booth shall also have an audio monitor from the stage and a communication and/or paging system in working order between the booth and the dressing rooms. (If an Assistant Stage Manager will always be on headset backstage, then a communication system both between the booth and the stage and between the stage and the dressing rooms will be deemed sufficient.) (f) All obstructions, (i.e., pipes, conduit, ducts, beams, any other protrusions extending into the booth) must be clearly marked and securely fastened. All electrical devices must be shielded per OSHA regulations. (g) Access-ways must have adequate lighting and adequate handrails. Treads on stairways and/or permanent ladders shall be maintained in safe condition and OSHA approved. (h) The Producer agrees to provide adequate secure, lockable space for the Stage Manager’s belongings. 51

(i) The Stage Manager’s booth must be properly heated or air conditioned in as necessary. Heating the Stage Manager’s booth may be accomplished by means of a space heater, provided that there is room and the space heater would not present a safety hazard. Heating and air conditioning systems shall be properly maintained in good working condition, and cleaned as necessary to insure proper ventilation and the circulation of air. (j) The Stage Manager’s booth shall be maintained in a clean and sanitary condition. Floors shall be washed or vacuumed at least once each week. (See Rule 65(P)(3).) (k) The Stage Manager’s booth shall be painted and maintained as necessary. Peeling paint and loose plaster shall be repaired upon written notification by Equity as soon as practicable. (9) Extermination. Producer agrees to provide extermination service as needed. (10) Actors with disabilities. When actors with disabilities are employed, their dressing room(s), stage and rehearsal spaces will be accessible. If an Actor with a disability is employed, reasonable accommodations, as defined by the ADA, shall be provided. Additionally, should a Stage Manager with disabilities be engaged, and the Stage Manager’s booth is not accessible, Producer shall use best efforts to make an alternative space available. (11) Guide Lights. All ramps, stairways, levels or platforms higher than three feet, entrances and exits, cross-over areas, or off-stage passageways, which may be affected by blackouts, shall be illuminated with guide lights, or luminous tape. (12) Aisles. Aisles shall be maintained in a firm and even condition and if not constructed of a hard surface such as concrete, asphalt, or macadam, must be covered, and the coverings be secure. (13) Cots. The Producer shall provide two clean cots backstage for any performer who may become ill during a rehearsal or performance. These cots shall not be in a dressing room but shall be easily available to the entire company. The Producer may, in lieu of the above, provide a cot in each dressing room. (14) First Aid Kits. Portable First Aid Kits, stocked with adequate supplies, and first aid information shall be available and easily accessible at all time wherever the Actor is required to rehearse, dress or perform. (15) Intercom System. An intercom system between the stage area and the dressing rooms shall be installed in all theatres in which Equity deems that the dialogue from the stage is not clearly audible in the dressing rooms. (16) Drinking Water and Cups. Ample, pure, cool drinking water and cups shall be provided at no cost to the Actor either backstage or in the dressing rooms and wherever the Actor is required to rehearse or perform. (17) All areas of the theatre must be equipped for air circulation, heating, safety, safe access, and proper lighting.

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(18) Medical Services. An up-to-date list of medical services including doctors, dentists and hospitals, must be posted on the call board at all time and qualified medical personnel shall be available in case of emergency. (19) Fire Safety Procedures. The Producer must post fire safety procedures which shall include the locations of all fire exits, fire fighting equipment and evacuation procedures. The theatre’s designated Fire Guard shall give the Actors a walk-through of the building to point out fire exits. (20) Smoking Areas. In theatres and rehearsal areas where smoking is permitted, areas shall be designated by the Theatre as smoking areas, and smoking shall not be permitted outside said areas. (21) Where the Actors' safety is at issue, Equity, in its sole discretion, may require a rehearsal call to address said safety issue. (22) Inspection and Compliance. The Producer agrees that Equity's representative shall have the right to inspect the theatre to determine whether the Safe and Sanitary requirements set fort in the foregoing Rules have been complied with. Any deficiencies shall be reported in writing to Equity and the representative shall furnish the Producer with a copy of such report. Upon receipt of such report Equity may notify the Producer, in writing, to correct the deficiencies. Unless the Producer then either corrects the deficiencies noted or gives Equity assurances satisfactory to it that such deficiencies will be promptly corrected, Equity may certify the theatre as unauthorized for rehearsal, for performances, or both, as Equity may determine. Upon such certification and until correction of the deficiencies or the giving of assurances reasonable time, Equity may require the Actors to refrain from rehearsing and/or performing in the theatre. (23) Producer shall post such notices as are required by the regulations of the Occupational Safety and Health Administration. (24) Notwithstanding any other provisions of these Rules or the individual contracts of employment, Equity in its sole discretion shall determine whether the aforementioned Safe and Sanitary Conditions are being properly maintained.

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59. SALARIES (A) Minimum contractual salaries shall be payable at no less than the Minimum Rates specified herein. (1) Minimum Eight Performance Weekly Rates. (See also Rule 48, PERFORMANCES and Rule 53(C) Rehearsal Salary):

TIER Tier One Tier Two Tier Three Tier Four Tier Five Tier Six

TIER Tier One Tier Two Tier Three Tier Four Tier Five Tier Six

TIER Tier One Tier Two Tier Three Tier Four Tier Five Tier Six

TIER Tier One Tier Two Tier Three Tier Four Tier Five Tier Six

Commencing October 17, 2011 SEATING ACTOR, U/S ASM CAPACITY 0-100 $428 $467 101-200 $509 $537 201-300 $617 $656 301-400 $727 $774 401-500 $846 $924 501 and Up * * Commencing October 15, 2012 SEATING ACTOR, U/S ASM CAPACITY 0-100 $437 $476 101-200 $519 $548 201-300 $629 $669 301-400 $742 $789 401-500 $863 $942 501 and Up * * Commencing October 14, 2013 SEATING ACTOR, U/S ASM CAPACITY 0-100 $450 $490 101-200 $535 $564 201-300 $648 $689 301-400 $764 $813 401-500 $889 $970 501 and Up * * Commencing October 13, 2014 SEATING ACTOR, U/S ASM CAPACITY 0-100 $459 $500 101-200 $546 $575 201-300 $661 $703 301-400 $779 $829 401-500 $907 $989 501 and Up * *

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SM,ASM/U/S $517 $617 $744 $884 $1,022 *

SM,ASM/U/S $527 $629 $759 $902 $1,042 *

SM,ASM/U/S $543 $648 $782 $929 $1,073 *

SM,ASM/U/S $554 $661 $798 $948 $1,094 *

(2) Minimum Per-Performance Rates. (Multiplied by the performances per week and Rule 53(C) Rehearsal Salary).

number

of

designated

(a) In productions with four or more performances per week, the following minimum salaries shall be in effect: Commencing October 17, 2011

ACTOR, U/S ASM SM,ASM/U/S

A 0-100

B 101-200

C 201-300

D 301-400

E 401-500

$59 $65 $71

$70 $74 $86

$86 $91 $103

$101 $106 $122

$116 $127 $142

F 501 + *

Commencing October 15, 2012

ACTOR, U/S ASM SM,ASM/U/S

A 0-100

B 101-200

C 201-300

D 301-400

E 401-500

$60 $66 $72

$71 $75 $88

$88 $93 $105

$103 $108 $124

$118 $130 $145

F 501 + *

Commencing October 14, 2013

ACTOR, U/S ASM SM,ASM/U/S

A 0-100

B 101-200

C 201-300

D 301-400

E 401-500

$62 $68 $74

$73 $77 $91

$91 $96 $108

$106 $111 $128

$122 $134 $149

F 501 + *

Commencing October 13, 2014

ACTOR, U/S ASM SM,ASM/U/S

A 0-100

B 101-200

C 201-300

D 301-400

E 401-500

$63 $69 $75

$74 $79 $93

$93 $98 $110

$108 $113 $131

$124 $137 $152

F 501 + *

*This Category may be utilized only with the consent of Equity and under such terms and conditions as may be established by Equity. (b) In productions with three or fewer performances per week, an additional increment of $20.00 per performance must be added to the above per performance minimums. (B) Stage Managers and Assistant Stage Managers: Compensation in Addition to Contractual Salary. The Stage Manager and Assistant Stage Manager employed under a Per Performance contract shall be compensated at the prevailing hourly rehearsal rate for all production services rendered outside of the scheduled rehearsal and/or performance times. (See Rule 53(C).) (C) Weekly or contractual salary. All compensation received by the Actor is subject to federal, state and local withholding taxes.

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(D) All salaries shall be paid to the Actor the day before the last banking day in the week. When paid, the Actor must be issued a stub or other record of gross salary; increments and dates thereof, itemized deductions (including Union dues); and net salary. (E) Overtime. Overtime compensation shall be no less than $11.00 per half hour or part thereof. (F) Term Contract or Rider. An Actor employed under a Weekly Contract may be signed to a limited Term Contract or Rider for a period not to exceed three months provided Actor receives at least $100 per week in addition to the contractual salary. (See Rule 17(D), CONTRACT). (G) Term Contract or Rider. An Actor employed under a Weekly Contract may be signed to a limited Term Contract or Rider for a period not to exceed six months provided Actor receives at least $150.00 per week in addition to the contractual salary. (See Rule 17(D), CONTRACT). (H) Subsequent Term Contract or Rider. If an Actor signed to a three month Term Contract is subsequently signed to another 3 month Term in the production, the Actor must be paid retroactively to the time the original three month rider was executed and thereafter at the six month Term salary. (I) Checks; When Check is Payment. No check or draft, either of the Producer or a third party, given to or received by the Actor in payment of any sum due under the Actor's contract of employment shall operate to minimize or affect the Actor's claim for salary or other compensation under the Actor's contract. The amount the Actor does receive, however, shall serve as a credit against the full amount of the claim. (J) Contingent Compensation. No employment contract shall be entered into by the Producer or Actor where additional compensation above minimum is contingent upon receipts without the written consent of Equity, which consent will not be unreasonably withheld. In no case shall compensation be contingent upon profits. (K) Actual salary. 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. A new contract will be issued and signed whenever the Actor's salary is increased. (L) Additional duties. The Actor shall not be required to do any additional work without mutual agreement and an additional negotiated compensation therefor which shall not be less than $20.00 per week. Additional work is defined as playing additional parts, doing additional understudying or doing additional work not specified in the Actor's contract at the time of its original signing. (M)Set Moves. (1) Definition of Work Permitted Without Additional Compensation: (a) Actor shall be permitted, without payment of additional compensation, to set props and small set pieces, and to move furniture and set pieces specifically designed to be easily utilized by such Actor, provided that such action is within the scope of the Actor’s character in the play and that such movement would customarily be performed by such a character during the action depicted in the play. In no event may an actor be required to pre-set scenery before the show or at intermission, nor shall any actor be required to strike scenery at intermission or after the show except when such pre-set or strike takes place in view of the audience (a vista). This shall not preclude an Actor from choosing to pre-set his/her own props. 56

(b) Actor shall be permitted, without payment of additional compensation, to set props and small set pieces and to move furniture and set pieces specifically designed to be easily utilized by such Actor, provided that such action coincides with Actor’s entrance into (or exit from) a scene in which the Actor takes part as an integral and necessary participant in the staged plot. Such movement need not be attributed customarily to any character during the action depicted in the play. Resetting of props in a scene by Actors participating in said scene, shall be permitted. (2) Definition of Work Permitted With Additional Compensation. (a) Actor shall be permitted, upon payment of additional compensation to make entrances and exits for the primary purpose of setting props and small set pieces and for moving furniture and set pieces specifically designed to be easily utilized by such Actor, provided that such assignments do not prevent or preclude the Actor from fulfilling Actor’s customary duties as an Actor. (b) Actors shall be paid additional compensation, if assigned special blocking (staging), the primary purpose of which is to set props, small set pieces, move furniture, and set pieces specifically designed to be easily utilized by such Actor. Such assignments shall not prevent or preclude the Actor fulfilling Actor’s customary contractual duties as an Actor. Special blocking (staging) shall be defined as blocking (staging) which requires Actor to arbitrarily remove himself or his character from the action flowing out of and related to the plot of the play in order to accomplish the prop or set move, interrupt the flow of Action on the stage, or any such move accomplished during such interruption of the action of the play, including but not limited to those accomplished during blackouts, dim-outs, or such other conventional interruptions during which scene shifts take place. (3) Definition of Work Not Permitted Except With the Permission of and Under Terms Satisfactory to Equity. (a) Set or prop moves which are inherently hazardous due to location on stage, weights of the set piece or prop, construction, pyrotechnic or electrical effects, proximity to machinery or simultaneous movement of other scenery or effects shall not be undertaken by the Actor without the express consent of Equity. (b) Set or prop moves or other assignments not customarily undertaken by the Actor which interfere with the normal work of the Actor or for which the Actor may be engaged to the exclusion of work normally assigned to an Actor shall not be undertaken without the express consent of Equity under the terms satisfactory to it. (4) Compensation. (a) Additional duties as defined hereunder shall be assigned to the Actor by Rider to Actor’s employment contract. It is agreed that assignments may be withdrawn or reassigned at the discretion of the Producer and that additional compensation payable hereunder may likewise be adjusted upon execution of a rider to the Actor’s employment contract. The Actor shall not be required to do any set or prop moves without mutual agreement and an additional negotiated compensation therefore, which shall not be less than $5.00 per move per week.

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(b) An Actor who performs as a Swing, Understudy, or temporary replacement in a part which involves set or prop moves for which additional compensation is required, shall be contracted as outlined above and shall be paid pro-rata for each performance. (5) Payment hereunder shall be in addition to Actor’s contractual salary unless Actor has agreed at the time of signing Actor’s original contract of employment that any payments over minimum salary shall cover set and prop moves as set forth herein. (N) Expense Money. When the Actor is required to be away from Actor's place of residence, which address shall conform to that registered with the AEA Membership Department, the Actor shall receive, in addition to Actor's own contractual salary, per diem expense money as follows: $25 per day if housing has kitchen facilities; $50 per day if housing does not have kitchen facilities. (See also Rule 30, HOUSING). 60. SECRET VOTE (A) At all meetings called by the Deputy or Stage Manager, the vote shall be by secret ballot. (B) Should any situation arise where the Producer wishes the company to consider any proposition not covered by the Standard Equity contracts of employment or Equity Rules, the Producer shall notify the Deputy and the Deputy shall arrange a meeting of the cast which may be held at the theatre where the company is playing. (C) At such meeting or meetings, neither the Producer nor the Producer's representative shall be present other than to explain the Producer's position. Any proposed action by the cast shall not, however be binding without the written approval of Equity. (D) The determination of the Council of Equity as to any issue arising under the above provision shall be final and binding upon the Producer and each Actor. 61. SECURITY AND SECURITY AGREEMENTS (A) The provisions of any and all agreements relating to security deposited or agreed to be deposited with Equity covering any employment under this Agreement and any contracts of employment are hereby adopted and made part of this Agreement and said contracts. This includes agreements on forms now called "Bond," "Security Agreement," and "Producer's Statement." It is of the essence of this Agreement and all contracts of employment and a condition precedent to the engagement of the Actor that the Producer shall have filed and maintain with Equity a satisfactory security as required by Equity's existing Security Agreement and Rules. (B) Bond. A sum satisfactory to Equity shall be deposited as security with Equity in a form acceptable to Equity. The entire bond is returnable to the guarantor no later than 30 days after all the Producer's obligations have been met.

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62. SERVICE DURING THE PERFORMANCE (A) The performance shall not begin until all aisles, ramps and stairs used as exits, entrances, or playing areas during the show have been cleared. They shall be kept clear during the performance. (B) The management shall use its best efforts to minimize table or bar service of food or drink during the performance, and such service shall not interfere in the production values as established by the director. 63. SOCIAL SECURITY/UNEMPLOYMENT INSURANCE (A) The Actor shall be entitled to the benefit of all Federal and State laws constituting what is commonly known and designated as Social Security Acts and Unemployment Insurance and the Producer during the term of the Actor's contract shall pay any and all taxes or payments required to be paid by employers under the provisions of said law. (B) The Producer shall provide Social Security Benefits under the elective provisions of the Social Security Law, if the Producer is not required to provide benefits under the law. In the event the services of the Actor are not subject to the compulsory provisions of an Unemployment Compensation law of any State, then the Producer hereby agrees that the Producer will elect to cover the Actor and pay contribution on the earnings of the Actor under the elective provisions of the Unemployment Insurance Law of the State of New York. In the event, however, the Producer is not eligible to come under the New York State Unemployment Insurance Law, then the Producer shall elect to come under the Unemployment Compensation Law of the State where the Producer's principal place of business resides, or of the State of the Actor's residence, or of the State where the contract of employment was entered into. (C) The Producer shall elect coverage and pay contributions within the time required by applicable state law. When such election is made to New York State, the Producer shall report the Actor by name, social security number and by New York address to the appropriate agency during the first week of the Actor's employment and, in no event, later than the quarter in which the work is performed. (D) The Producer shall execute and file the necessary forms required by the State Unemployment Compensation (Insurance) Law under which the Producer has elected to cover the Actor and shall notify the Actor of the Producer's election. The Producer shall furnish the Producer's unemployment registration number to the Actor and to Equity as soon as such number is assigned to the Producer. (E) The Producer shall submit proof satisfactory to Equity that the Producer has applied for unemployment insurance coverage, and deliver a true copy of the Producer's application to Equity. The Producer warrants and represents that the Producer will not withdraw such application nor modify nor change it without written consent of Equity.

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(F) In the event any Producer fails to apply for Unemployment Insurance Coverage or withdraws or modifies any application for such coverage without the written consent of Equity, or fails to elect coverage within the time required by applicable state law, or fails to pay the required insurance contributions to the appropriate state agencies within the time required, the Producer in that event must pay to the Actor the equivalent of any Unemployment Insurance benefits the Actor may lose as a result thereby. This obligation shall survive the termination of the Actor's contract of employment. (G) The Producer shall obtain and maintain Worker’s Compensation insurance coverage for all Actors, Stage Managers and Assistant Stage Managers in the Producer's employ. (H) Failure to obtain Worker’s Compensation shall make the Producer individually liable. This obligation shall survive the termination of the Actor's contract of Employment. Where possible, Unemployment Insurance coverage shall at Equity's discretion be in the state most favorable to the Actor. 64. STAGE FIGHTING (A) The following regulations shall govern whenever a production requires Actors to enact a fight. (1) The Actor must agree by means of a contract rider in order to participate in stage fighting. (2) All stage fights will be staged with on-site consultation by a qualified professional (i.e. someone with expertise in stage combat and, where appropriate, weaponry and/or martial arts). (3) Equipment used in the performance of any stage fight shall be checked by the appropriate qualified personnel prior to each rehearsal and performance. (4) At the discretion of the Stage Manager, all Actors who participate in a fight may be required to run through the routine or any 10 minute segment of it before half hour of each performance, except before the second performance on a twi-night performance night. (5) Whenever possible, performing members of the company shall rehearse fights with Understudies during regular rehearsal hours. (6) After the official opening, the Stage Manager must be consulted before any changes are made in a fight routine. (7) Such stage fighting rehearsals shall be exempt from regular rehearsal hours and shall be exempt from overtime. (8) In the absence of a qualified Fight Captain in the company, the Producer shall call the Fight Director or Fight Director's designee when Producer or Producer's designee deems it necessary, after consultation with the Stage Manager. (9) Whenever a qualified Fight Captain within the company is engaged, Actor shall agree in a contract rider and be paid from the first date of assignment but in no event later than the first day of rehearsal, the greater of $5 per performance or $20 per week, in addition to Actor's weekly contractual salary. (10) All rehearsals shall utilize tumbling mats. The Producer shall provide any necessary protective clothing for rehearsal and/or performance. 60

(11) Proper first-aid information and equipment (including ice-packs and eye wash) shall be made available at any rehearsal or performance site where stage fighting/violence occurs. (B) Firearms (1) Whenever firearms are used in a production, there shall be a safety demonstration for the entire company conducted by a qualified individual, prior to the first paid public performance or use of firearms in rehearsal, whichever occurs first. Thereafter, safety demonstrations and/or instructions shall be required for all affected replacement Actors as well as Swing and Understudies, before their first paid public performance. Brush-up safety demonstrations and/or instructions shall be required at least once every six months. Attendance at the yearly demonstration shall be mandatory. Any and all modifications to firearms shall be done by a licensed gunsmith. Demonstration time shall be counted as rehearsal time. (2) It shall be the responsibility of the Producer to ensure that any use of firearms in the production is in compliance with all applicable state and/or local laws regulating the use of firearms in theatrical productions. (For example, current California law requires that individuals using firearms as props have permits for such use.) (3) Any costs associated with the use of firearms shall be borne by the Producer. 65. STAGE MANAGERS/ASSISTANT STAGE MANAGERS (A) The Stage Managers and Assistant Stage Managers shall be employed under Equity contracts. (B) Pre-Production. (1) Weekly Contract and Per Performance Contracts with Four or More Performances Per Week. The Stage Manager shall be employed at least one week prior to the first week of rehearsal and any required Assistant Stage Manager shall be employed no later than one day prior to the first day of rehearsal. (2) Per Performance Contract with Three or Fewer Performances Per Week. For productions with fewer than four performances per week, the Stage Manager shall be engaged no later than three days prior to rehearsal and shall be guaranteed no less than 21 hours of pre-production work at no less than the hourly rehearsal rate. The Assistant Stage Manager shall be employed no later than the first day of rehearsal. (C) The use of the words "Stage Manager" and "Assistant Stage Manager" and/or "members of the stage managerial staff" along with the word "Actor" in any of the Rules of this Agreement have been inserted for added emphasis and/or clarification. The failure of those words to appear in any Rule is not meant to imply that the Rule does not cover these categories of employment. Stage and Assistant Stage Managers are covered by all the Rules in this Agreement except where specifically stated otherwise. (D) In venues with 101 to 200 seats and a schedule of five or more performances per week, an Assistant Stage Manager who is permitted to Understudy shall be required. (E) An Assistant Stage Manager who is not permitted to act shall be required under the following circumstances: 61

(1) In venues with 201 or more seats and a schedule of five or more performances per week. (2) For any production that is technologically complex, has multiple sets, or a large cast as determined by Equity. (F) If an ASM/Understudy is to be engaged for performance weeks, a freestanding ASM must be engaged during the rehearsal period, including pre-production, through two weeks after the first paid public performance. (G) The Stage Manager must be consulted by the Producer in the selection of the Assistant Stage Manager. (H) The Stage Manager shall not be permitted to act, understudy or serve as Dance Captain or Fight Captain. The Assistant Stage Manager shall not be permitted to act, but may understudy as specified above, provided it is so stated in the Assistant Stage Manager's contract; and further provided that, except in an emergency, the Assistant Stage Manager is not required to perform any understudy duties until two weeks after the first paid public performance. An ASM/U/S must be present at the theatre for every performance. (I) Continuous Employment. No Stage Manager or Assistant Stage Manager shall be required to do any work of any nature whatever without an individual contract executed after security has been properly posted with Equity and said Stage Manager (or Assistant Stage Manager) has received instructions from the Producer as to said Stage Manager's (or Assistant Stage Manager's) duties. Stage Managers and Assistant Stage Manager's shall be employed continuously, commencing with the date specified on the individual contract, which in the case of the Stage Manager may not be later than one week prior to the first rehearsal date. In no event shall pre-production salary be less than contractual salary. (1) Whenever a Stage Manager or Assistant Stage Manager does work related to the production, which shall include but not limited to attending meetings, scheduling and contacting the cast, crew and liaison, said work shall be regarded as part of the work week. (2) Should the Producer require the Stage Manager to perform any duties related to the production prior to the week before the beginning of rehearsals or the Assistant Stage Manager to perform any duties related to the production any time prior to the beginning of rehearsals, the Producer shall pay said Stage Manager at the rate of no less than one-sixth or one performance pro-rata, whichever is greater, of contractual salary for each day or part thereof of employment. In these cases no contract is required to be signed, but a letter of intent shall be signed and filed with Equity, signifying Producer's intent to employ the Stage or Assistant Stage Manager. (3) Post-Production. When the Stage Manager or Assistant Stage Manager is required to perform services in a production after the production has closed, the Stage Manager or Assistant Stage Manager shall be paid at the rate of no less than one-sixth or one performance pro-rata, whichever is greater, of Stage Manager's contractual salary for each day or part thereof, of such employment. This payment shall be subject to Pension and Working Dues. (J) Should a Stage Manager and/or Assistant Stage Manager, while under contract for a Cabaret production, be called upon to perform additional services for a "Class A Production," National Tour, Bus & Truck, Las Vegas, other production, or any other version of that production, for which 62

the Stage Manager and/or ASM is under contract, and in which the Producer bears a financial interest, the Stage Manager and/or Assistant Stage Manager and the Producer (or Producer's designee) shall negotiate an additional compensation for such additional services in an amount which shall not be less than one-sixth of the appropriate minimum for the subsequent production or the current contractual salary, or one performance pro-rata, whichever is greater, for each day or part thereof for which services were rendered. (K) A member of the Stage Managerial staff shall not be required to prepare any production script specifically for publication purposes. In the event that the Producer does request a member of the Stage Managerial Staff to prepare or alter a script so that it is appropriate for publication, the member of the Stage Managerial Staff may agree provided that no less than one week's contractual salary is paid for such preparation. (L) If the Producer terminates the Stage Manager's or Assistant Stage Manager's employment, the Stage Manager or Assistant Stage Manager may not be re-engaged or replaced in the same production at a lesser salary. (M)Equity shall have the right to define the term "Stage Manager" and "Assistant Stage Manager"; and also retains the right to alter, change or modify the meaning of "Stage Manager" and "Assistant Stage Manager" as hereinabove defined. (N) It is agreed that the Stage Manager's function is a full time one. The Stage Manager must not be required to function in areas which impinge upon Stage Manager's primary duties as a Stage Manager. (O) Duties and Obligations of Stage Managers and Assistant Stage Managers. (1) The following duties are not Stage Managerial duties and members of the Stage Managerial staff may not be required to perform them. (a) Design, build, hang, strike, operate, or shop for or maintain lights, sound, scenery, props, wardrobe, or function as stage hands; (b) Arrange living accommodations; (c) Order or distribute food for the company; (d) Transport the company or be responsible for the maintenance of any vehicle. (2) If the Producer requests any member of the Stage Managerial staff to perform any of the above duties, such requirement must be contracted and compensated for separately. (3) The following activities are prohibited and Stage Managers and Assistant Stage Managers shall not accept responsibility for : (a) Having contracts or riders signed or initialed, or any other function which normally comes under the duties of the General Manager or Company Manager (which is not to preclude delivery of contracts and/or riders in a sealed envelope addressed to the individual Actor; (b) Signing the closing notice of the company or the individual notice of an Actor on termination of contract (which is not to preclude posting of all closing or other pertinent company notices);

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(c) Doing the payroll or distributing payments, including but not limited to per diem, except when such payments are delivered in a sealed envelope addressed to the individual Actor; (d) Doing building maintenance, janitorial, custodial or restaurant work. (e) Be responsible for securing and locking any part of the theatre or backstage areas. (P) Working Conditions for Stage Managers and Assistant Stage Managers. (1) Whenever the Actors are called, the Stage Manager or Assistant Stage Manager shall be called. (2) Except in an emergency, a member of the Stage Managerial staff shall be present at all rehearsals and performances. The Stage Manager's or Assistant Stage Manager duties shall not be performed by anyone other than a Stage Manager or Assistant Stage Manager, respectively under an Equity Contract. The Assistant Stage Manager shall not be assigned the primary responsibility for a production. (3) Except where expressly stated otherwise, all Rules for the Actor pertaining to rehearsals, performances, overtime, breaks, rest periods and travel time shall also be applicable to the Stage Manager and Assistant Stage Manager. If the Stage Manager and/or Assistant Stage Manager rehearse(s) and/or performs(s) hours which would have given an Actor overtime had an Actor rehearsed or performed those hours, the Stage Manager and/or Assistant Stage Manager shall receive the overtime compensation that would have been due the Actor. (4) Meal breaks shall be for the same time period as for Actors, but not necessarily at the same time. (5) Except after the first paid public performance, when the rest period shall be 12 hours, there shall be at least a 10-hour rest period between the end of work on one day and the beginning of work on the following day. Any violation of this rest period shall be compensated at the double overtime rate. (6) In each week of the rehearsal and performance period the Stage Manager and Assistant Stage Manager shall be entitled to one full, 24-hour day off in addition to the overnight rest period. (See Rule 53, REHEARSALS.) If the Stage Manager or Assistant Stage Manager is called on Stage Manager's day off, Stage Manager shall be compensated at no less than an additional two-sixths of Stage Manager's weekly contractual salary. (7) The refreshment break between twi-night performances shall be for the same time period as for the Actor, but not necessarily at the same time. If the Stage Manager is unable to take this break, then the Producer shall compensate the Stage Manager and/or Assistant Stage Manager with the monetary equivalent of the refreshments offered the Actor, but in no event less than $5 per break. (8) Whenever and wherever a Stage Manager's or Assistant Stage Manager's schedule is different from that Actor's schedule, the Producer shall provide separate transportation for the Stage Manager and Assistant Stage Manager to meals and lodging.

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(9) The Producer shall make best efforts to see that Stage Manager's booths shall be cooled (or heated) to within a temperature range of 60 to 80 degrees Fahrenheit. (10) There must be functioning intercommunication equipment between the Stage Manager, Assistant Stage Manager, and those who help run the show. (11) The Stage Manager shall be engaged for all televising, audio and/or visual recording, broadcasting, and filming. (12) The Stage Manager and/or Assistant Stage Manager is not permitted to work on a concert, recital presentation, or other show without additional compensation. (13) It shall not be a condition of employment that any of the Stage Managerial Staff own or operate a motor vehicle. (Q) In the event that for any performance the Stage Manager is not present on the premises and no temporary replacement Stage Manager is hired, the Assistant Stage Manager fulfilling the duties of the Stage Manager shall receive not less than the minimum salary for the Stage Manager. 66. TELEVISING, RECORDING, AND MOTION PICTURE FILMING (See Rule 36, MEDIA: RECORDING & BROADCAST) 67. TERM OF EMPLOYMENT The Producer guarantees the Actor two consecutive weeks of employment in addition to any rehearsal time. In the case of an Actor who is contracted to replace a cast member who has given notice for More Remunerative Employment, illness, vacation or termination and the termination becomes effective one week before the production closes, then the replacement Actor shall be guaranteed at least one week's employment with a minimum of two week's health contribution, when applicable. 68. TERMINATION (SEE RULE 39, MORE REMUNERATIVE EMPLOYMENT) (A) It is the essence of all employment contracts that all notices thereunder, company and individual, must be in writing. Copies of all notices must be filed with or mailed to Equity forthwith by the party (Actor or Producer) giving notice. Full power is reserved to Equity to grant relief from this Rule where, in its opinion, the person or persons to whom notice is given has not or have not been misled or injured. (B) Standard Minimum Contracts. (1) Before or During Rehearsal. (a) The Actor may terminate without penalty at any time prior to two weeks before the designated date of rehearsal on the Actor's contract. (b) If the Actor gives notice of termination within two weeks prior to the designated rehearsal date, the Actor must pay the Producer a sum equal to two weeks' contractual salary.

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(c) The Cabaret contract may be terminated by the Producer before the first public performance by giving written notice to the Actor and paying the Actor forthwith a sum equal to two weeks' contractual salary plus any rehearsal salary due. (d) The Actor may terminate the contract after rehearsals begin and before the first public performance only by giving written notice and paying to the Producer forthwith a sum equal to two weeks' contractual salary. (e) No Actor shall give notice, to be effective either during the final seven days of the regular permissible rehearsal period including the first public performance or during any of the seven days prior to and including the official opening night. (2) Individual Termination after First Paid Public Performance . (a) Either party may terminate the 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 except as modified in (1)(e) above and (D) below. (b) Effect of company notice. Where a company is closed in accordance with or after notice of closing to the entire company, such notice of closing shall supersede any individual notice then outstanding. (3) Company closing notice. (a) The Producer may close the company upon one week's written notice, or upon payment of one week's contractual salary in lieu thereof, provided the Producer has paid the Actor for all services rendered to date and in no event less than two weeks' contractual salary, plus rehearsal pay. One week's notice shall mean a maximum of eight performances on no more than seven days commencing with the first performance following the posting of the notice. (b) The Producer shall post this closing notice before the curtain-up of the last performance of the week preceding the closing week. Failing that, the Producer shall be subject to the payment for failing to give one week's notice. (c) Should the Producer wish to continue the production rather than close on the date specified in the notice, prior to that date the Producer shall post a rescinding notice which states that the notice is rescinded and that the Actors' contract continue to remain in effect. This statement shall be signed by the Producer and by each of the Actors who wish to continue in the production with a signed copy to Equity. (4) Payment when Actor is not allowed to work out notice. If the Actor is not allowed or required to work out any notice properly given under the Actor's contract, the Actor shall be paid immediately upon the giving of notice and the Actor may forthwith accept other employment.

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(5) Rights after giving notice when Actor secures new engagement. Should either party given the other any notice permitted under the contract, which notice terminates the same at any future date, and should the Actor have or secure a new engagement, the Actor shall be permitted to attend any necessary rehearsals under the new engagement as do not conflict with the Actor's performance under the Actor's then existing contract. (C) Term Contract/Rider. (1) Notice of Closing. The Producer shall give to all Actors signed to Term Contracts one week's individual notice in writing of the closing of the production and Company or pay one week's salary lieu thereof. (2) Termination. Term Contracts may only be terminated in accordance with Rule 53(N), REHEARSALS, or Rule 55, REPLACEMENT OF ACTOR. At least two weeks before the expiration, the Producer shall notify the Actor of Producer's intention to renew the rider under the same or better terms, or to offer the Actor a Standard Minimum Contract under terms and conditions to be negotiated. Should the Actor and Producer fail to agree upon a renewal or on such terms and conditions, then employment will terminate on the Term expiration date. (D) Just Cause. No Actor engaged under a Standard Minimum Contract may be terminated except for just cause. This provision shall be applicable commencing two weeks after an individual Actor's first paid public performance. This provision shall be applicable to Understudies and Swings commencing either two weeks after an individual's first paid public performance or five weeks after the date of first employment, whichever is later. (1) Where it is alleged that the Actor is not performing as required, notice of termination may be served only if the following procedures have been observed: (a) The Actor must have received prior written warning alleging failure to perform as required, which warning must also be served upon Equity. (b) Such warning may also be in the form of "notes" which are reduced to writing. (c) The written warning (which may be or include "notes") shall be over the signature of the Producer, Director, Choreographer, Musical Director, or other person with authority to terminate employment. (2) The notice of termination may not be served unless the Producer, Director, Choreographer, Musical Director, or other person with the authority to terminate employment has seen the Actor in performance within one week prior to the notice of termination. (3) In the case of an Understudy, notices may be based upon the Actor's work in understudy rehearsal rather than in actual performance. (4) Following the service of the notice of termination, Equity may investigate the basis of any discharge. If Equity decides to challenge any discharge, then the matter shall be submitted to arbitration in a manner provided in Rule 5, ARBITRATION. (5) Should an arbitrator determine that the termination was without just cause, the arbitrator shall provide a remedy in accordance with the following: Damages calculated at one week's 67

contractual salary for each five weeks' employment under the Cabaret Contract up to a maximum payment of 15 weeks' contractual salary (based on salary at the time of termination). In no event shall damages be less than two weeks' contractual salary. 69. TRANSPORTATION AND BAGGAGE (A) Transportation of Actor by Producer. (1) Except as specifically changed or modified herein the Producer shall, at the Producer's expense, transport the Actor and Actor's baggage, when required to travel, from the Actor's place of residence as stated in the contract to the theatre and return or between theatres. The Producer shall provide such methods of travel to the theatre as are the most direct within the public means available. (2) The Actor and the Producer may agree in writing as to the routes and modes of transportation. In no event, however, shall such agreement provide for a payment to the Actor of a sum less than the cost of applicable public transportation from the place of residence to the theatre and return. If travel is by air, a coach ticket on a Government certified airline is required for transportation from the city which is the point of origin to the first city traveled to, and also from the last city in which the Actor performs back to the point of origin. The Actor shall not be compelled to travel by air without Actor's consent, and in each and every case, it shall be entirely in the determination of the Actor to decide whether or not Actor wishes to travel by air. (3) The Producer shall furnish the Actor with the necessary tickets, or their cash equivalent, from the place of residence as stated in the contract, to each theatre at least three days in advance of Actor's departure. The Producer shall deliver the Actor's return transportation in cash or tickets, at the Actor's option, at least three days before the close of the Actor's engagement. (B) Air Travel. Air travel shall be the preferred method of travel. Air travel, if consented to by the Actor, must be on a first class Government certified scheduled airline, and not on a nonscheduled or private airline. (1) Air excursion or group travel tickets may be substituted for full fare coach provided such flights take place during the hours between 8:00 AM and 8:00 PM and are less than six hours duration and meals are provided on the plane at the Producer's expense. Once an Actor has accepted an excursion or group air ticket, Actor shall be responsible for any additional expense which may result from Actor changing Actor's travel schedule and not using the flights that the Producer has arranged. If the Actor consents to travel by air, the Producer shall provide, or reimburse the Actor for the premium cost of, air travel insurance up to the amount of $90,000 for each flight. Whenever a tour of at least five flights is contemplated, the Producer shall provide the Actor, before the initial flight, with a recognized insurance policy for not less than $125,000. The Producer will reimburse the Actor for said premiums providing a receipt is submitted. (2) If delay en route in air travel occurs, all expenses usually paid for or furnished the traveler under coach air travel and not paid the Actor by the airlines, shall be reimbursed to the Actor by the Producer.

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(3) The Producer may designate that the Actor's baggage be transported either by air freight or excess baggage. If the Producer designates air freight, the Actor shall be given at least 24 hours notice thereof so to arrange for such transportation. The cost of baggage transportation, not to exceed 300 pounds, will be borne by the Producer. (C) Automobile, Train, and Bus Transportation. Actors choosing to travel by automobile, train, or bus must make their own travel arrangements and will receive a sum equivalent to the cost of the applicable public transportation utilized to transport the rest of the company, and normal baggage transportation expenses. If train or bus transportation is required by the Producer because a flight is not available, Producer shall notify Equity of the proposed method of travel. The following restrictions shall apply: (1) Train Transportation. (a) Day coach transportation is limited to eight hours daily between the hours of 8:00 AM and 8:00 PM. For every half hour or part thereof in excess of eight hours of scheduled travel, $4.50 shall be paid the Actor. Travel time shall commence and be computed from the time the Actor is called to report. This call may not be more than one-half hour prior to scheduled departure. If an Actor is responsible for delay at any time, such delay shall not be counted as part of travel time. (b) Night transportation shall be limited to 12 hours and shall include individual Pullman sleeping accommodations, which shall be no less than a roomette, if same is available. Should the Producer present proof, satisfactory to Equity, that Pullman sleeping accommodations could not be obtained, the Producer shall pay the Actor an amount equal to the cost of a roomette only, without taxes or other excess charges. Failure to so prove shall obligate the Producer to pay the Actor the difference between the total cost of first-class Pullman transportation, including roomette, taxes and other excess charges, and the amount of coach transportation. (2) Bus Transportation. Bus travel shall be on a chartered commercial bus that is duly licensed to carry passengers by the appropriate interstate or intrastate commission, and that is complete with air conditioning and lavatory facilities. (a) Day Transportation. Bus travel during the day is limited to seven hours daily, including an hour meal break, between the hours of 8:00 AM and 8:00 PM. For every half hour or part thereof in excess of seven hours of scheduled travel, $9 shall be paid to the Actor. Travel time shall commence and be computed from the time the Actor is called to report until the time the Actor arrives at Actor's lodgings. This call may not be more than one-half hour prior to the scheduled departure time. If an Actor is responsible for delay at any time, such delay shall not be counted as a part of travel time. There shall be a meal stop of not less than one hour during the scheduled time of travel. If bus travel is on a chartered bus, the time of the meal break shall be agreed upon by the company. This meal shall be at the Producer's expense, and shall not exceed $6 per meal. The rest period prior to a bus call shall be ten hours. If a full rest period is not given, the Actors shall receive a night transportation payment of $40 each.

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(b) Night Transportation. If bus travel which commences after 8:00 PM does not end until after midnight, the Actors shall receive the night transportation payment of $40 each. Travel between 8:00 PM and midnight is allowable if the trip is completed within that time and all rest periods are observed. If night bus travel after an evening performance is required, the Actors shall be paid $40 each by the Producer of the Cabaret Theatre to which they are traveling. (D) Rest Period After Arrival. The Actor shall not be required to rehearse or perform until two hours after Actor's arrival at Actor's lodgings. (E) Baggage. (1) The Actor shall be responsible for transporting Actor's personal hand baggage to and from place of residence, and the Producer shall reimburse the Actor in full for all reasonable expenses incurred as set forth by the Actor on a form which shall be provided by Equity for this purpose. Actor shall show proof of all such expenses by providing Producer with appropriate receipts. (2) The Actor shall also be responsible for transporting Actor's personal hand baggage and trunk (as above) under the Producer's direction from the place of residence to the station, terminal, or place of the Actor's arrival at or near the town in which the Producer's theatre is located, and back to the place of residence. The Producer will pay for the entire cost of and reimburse the Actor for such transportation of baggage up to 300 pounds. Upon arrival, the Producer shall be responsible and pay for transportation of the Actor's baggage up to 300 pounds from the station, terminal, or place of the Actor's arrival to the theatre and/or the Actor's lodging place, and back to the station, terminal or place from which the Actor departs after the close of the engagement. (3) All arrival expenses covered under (1) and (2) above are due and payable with the first performance salary payment checks. If the Actor returns to the same city from which Actor departed, all departure expenses due shall be paid to Actor with Actor's final week's salary. If the Actor goes to a different city, Actor shall be reimbursed for these expenses upon presentation of Actor's receipts to the Producer. (F) Local Transportation. If the Actor's permanent residence is within 50 miles, or sixty miles in the case of New York City and Chicago, and 75 miles in the case of Los Angeles, of the theatre and there is no safe and easily accessible public transportation from Actor's home to the theatre, the Producer, at Producer's expense shall provide round-trip transportation between the Actor's home and the theatre. This transportation shall deliver the Actor to the theatre for all rehearsals and half-hour calls and shall return the Actor to Actor's home after the rehearsal or performance, departing no later than one-half hour after rehearsal is finished or after the curtain call of a performance, but allowing reasonable time for the removal of costumes and make-up. Public transportation shall not mean taxis. Equity shall have the sole right to determine if such transportation is "safe" and "easily accessible" and what a "convenient location" is. If the Actor uses public transportation, the cost of such transportation shall not exceed 10% of Actor's contractual salary. If there is no public transportation and the Producer does not supply transportation and the Actor drives Actor's own car, the Producer shall reimburse the Actor for mileage at the current IRS rate getting to and from the theatre.

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70. UNDERSTUDIES (A) Understudies shall be required In venues with more than 200 seats and a schedule of five or more performances per week. Understudies shall be contracted no later than two weeks after the first public performance. Understudy roles assigned to Principal or Chorus Actors must be so assigned on the original contract or with new contracts or riders with appropriate salary adjustments. (B) An Understudy may understudy no more than five Principal roles and receive not less than the Actor minimum salary (See Rule 59, SALARIES). (C) If any member of the cast who regularly appears on stage understudies a Principal part or a role, said Understudy shall receive no less than $20.00 per week in addition to Actor's contractual salary for each part or role understudied. In addition, not less than one-eighth (or the appropriate pro-rata for the number of performances scheduled per week) of the Actor's own contractual salary shall be made to the Understudy for any performance in which the Actor appears in the capacity of an Understudy to a Principal. In no event shall an Actor or Assistant Stage Manager/Understudy in the production understudy more than three Principal roles. The reassignment of understudy parts shall not be applicable to a case in which the Actor and Producer have agreed to a specific understudy part(s) in the original contract of employment. In no event shall the Actor be required to understudy unless the Actor's contract specifically so provides. All understudies are required to attend a four-hour understudy rehearsal every four weeks, as called by the Stage Manager and in accordance with Rule 53(H)(2). (D) Understudy of Chorus Playing a Part. If a Chorus Actor understudies a Chorus part or specialty, said Actor shall be paid no less than $15.00 per week in addition to Actor's contractual salary for each part or specialty so understudied. (E) Understudies shall be present at each performance unless the Producer otherwise consents. When an Assistant Stage Manager/Understudy is required, said ASM/U/S shall be required to be at each performance. Understudies not required to be present at the theatre at the time of performance shall be permitted to rehearse not more than 15 hours in a week for the purpose of rehearsing an Actor who is going into the show as a replacement. In the event the Understudy is called upon to perform, the Producer may not require the aforesaid 15 hours rehearsal. (F) No Understudy shall be required to perform until one week after the Actor is engaged as Understudy or assigned as Understudy, has the Actor's script and/or music for one week and has at least one rehearsal. The Understudy shall read the part or may perform if able and willing. The Producer shall use the Producer's best efforts to provide Understudies with script and/or sides and music as soon as possible. (G) All Understudies to Principal Actors shall be listed in the program by name and role understudied. The listing shall be automatic unless the Understudy requests in writing, on a form supplied by Equity for that purpose, that it not be. Copies of such requests shall be sent to the Producer and Equity. (H) Understudies shall be in only one company at a time. (I) If in an emergency the Actor goes on as an Understudy in a part not specified in Actor's contract, Actor shall be compensated for such performance at not less than double pro-rata per performance in addition to the Actor's contractual salary.

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(J) Part played by Chorus. The applicable payment set forth in Rule 13(A), CHORUS, for up to eight performances in any workweek. The Actor shall thereafter be contracted and compensated for such understudy duty at no less than the usual minimum rate, subject to two week termination of the Understudy assignment only without regard to requirements of Rule 73, VACATIONS. 71. UNION EMBLEM The Producer agrees to insert the following line in the program: “The Actors and Stage Managers employed in this production are members of Actors’ Equity Association, the Union of Professional Actors and Stage Managers in the United States.” Also, the Producer agrees whenever and wherever possible to prominently display the Equity Emblem in the lobby of the theatre. Emblem will be supplied by Equity. 72. UNION SECURITY (A) All Actors who are members of Equity shall, as a condition of employment, continue to be members of the Union in good standing for the life of this Agreement. All employees covered by this Agreement who are not now members of Equity shall, as a condition of employment, become members within 31 days following the signing of this Agreement and shall thereafter remain members of the Union in good standing as a condition of continued employment. All new employees shall, as a condition of employment, become members of the Union within 31 days from the date of the commencement of their employment and shall thereafter continue to be members of the Union in good standing as a condition of continued employment. As defined and applied in this Agreement, the phrase "member of the Union in good standing" means a person who pays initiation fees and dues (or the monetary equivalents thereof) to the Union as financial obligations in accordance with the requirements of the National Labor Relations Act. (B) Equity shall provide the Producer two weeks written notice to discharge any Actor for nonpayment of union dues or initiation fee (or the monetary equivalents thereof). Upon the Actor's failure to make such payment within the aforesaid period, the Producer agrees immediately to discharge the Actor, provided however, that Equity shall withhold its demand for discharge if the Producer undertakes, with the consent of the Actor, to withhold from the Actor's salary a sum sufficient to correct the Actor's delinquency. 73. VACATIONS: (A) Productions with Four or More Performances Per Week (1) The Actor shall accrue one day of vacation pay for each four consecutive weeks of employment for the same Producer. However, the Actor shall not be eligible for vacation or vacation pay unless Actor has been employed at least 12 consecutive weeks from the first day of rehearsal. The Producer may direct the time the Actor is to take Actor's vacation provided that Producer gives the Actor two weeks advance notice and that the Actor is entitled to take all of Actor's accrued vacation days. If the Actor requests to take Actor's vacation at Actor's convenience and the Producer agrees, vacation may be taken in days. When the Actor's contract terminates, Actor shall receive all accrued vacation pay which has not been previously paid. (2) Vacation pay shall accrue at the rate of one-sixth or one performance pro-rata, whichever is greater, of weekly contractual salary. 72

(3) After 26 consecutive weeks the Actor, at Actor's option, may request and will receive actual time off. The vacation will be scheduled by the Producer at a time mutually agreeable. (B) Productions with Three or Fewer Performances Per Week: (1) The Actor shall accrue one day of vacation pay for each ten consecutive weeks of employment for the same Producer. However, the Actor shall not be eligible for vacation or vacation pay unless Actor has been employed at least 32 consecutive weeks from the first day of rehearsal. The Producer may direct the time the Actor is to take Actor's vacation provided that Producer gives the Actor two weeks advance notice and that the Actor is entitled to take all of Actor's accrued vacation days. If the Actor requests to take Actor's vacation at Actor's convenience and the Producer agrees, vacation may be taken in days. When the Actor's contract terminates, Actor shall receive all accrued vacation pay which has not been previously paid. (2) Vacation pay shall accrue at the rate of one performance pro-rata. (3) After 46 consecutive weeks the Actor, at Actor's option, may request and will receive actual time off. The vacation will be scheduled by the Producer at a time mutually agreeable. (C) Institutional Theatres. For those Actors employed under this agreement by the same nonprofit institutional theatre for more than one production during the course of a twelve-month period, vacation credit shall accumulate for all contracted productions for the purpose of calculating vacation eligibility pursuant to (A) above except that such weeks need not be consecutive. (D) Vacation Eligibility. (1) Absences of no longer than one month due to illness or other valid reason, except as provided below, shall be considered employment for the purposes of this Rule. (2) Absences of a longer duration for illness, or other valid reason, summer layoffs, and layoffs for other purposes as specified in these Rules, shall not be considered employment for vacation purposes. However, the Actor, upon resumption of the Actor's services, shall receive credit for all time accumulated prior to said absence or layoff. (3) An Actor who, during the period of employment referred to herein, receives a leave of absence of a longer duration than one month for the purpose of taking other employment shall lose all accumulated time for vacation purposes.

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74. DURATION This Agreement shall commence on October 17, 2011 and shall expire on October 11, 2015. Any new Rules when adopted shall be retroactive to said dates unless otherwise stated.

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401 k Deferral ................................................................................................................................................................................................................. 39

A Actor, Definition 21(C) .................................................................................................................................................................................................. 23 Actor's Obligation .......................................................................................................................................................................................................... 1 AFL-CIO 1(B)(2) ............................................................................................................................................................................................................. 1 Agents .............................................................................................................................................................................................................................. 2 Chorus Commission 2(C) ............................................................................................................................................................................................ 2 Equity Franchise 2(A) ................................................................................................................................................................................................. 2 Aliens ............................................................................................................................................................................................................................... 2 Announcements Changes in Cast Announcements ........................................................................................................................................................................... 14 Announcements............................................................................................................................................................................................................... 2 Arbitration ...................................................................................................................................................................................................................... 2 Expenses 5(C) ............................................................................................................................................................................................................. 3 Time Limit 5(B) .......................................................................................................................................................................................................... 3 As Cast Hiring 17(H)...................................................................................................................................................................................................... 20 Auditions and Interviews ............................................................................................................................................................................................... 3 Casting Notice 6(B)(8) ................................................................................................................................................................................................ 5 Chorus Calls 6(D)........................................................................................................................................................................................................ 6 Equity Callbacks ....................................................................................................................................... See Subsequent Equity Principal Auditions Equity Principal Audition/Interviews 6(B) .................................................................................................................................................................. 3 Equity, Additional Provisions 6(E) ............................................................................................................................................................................. 7 Liability Insurance 6(F)(4) .......................................................................................................................................................................................... 8 Replacement Auditions 6(C) ....................................................................................................................................................................................... 6 Safe and Sanitary Code 6(F)........................................................................................................................................................................................ 8 Subsequent Equity Principal Auditions 6(B)(11) ........................................................................................................................................................ 6

B Baggage 69(E) ................................................................................................................................................................................................................ 70 Bereavement Leave 31(G) .............................................................................................................................................................................................. 30 Billing and Programs.................................................................................................................................................................................................... 10 Breach of Billing Procedures 7(D) ............................................................................................................................................................................ 11 Changes in Cast 7(B)................................................................................................................................................................................................. 11 House Board 7(A) ..................................................................................................................................................................................................... 10 Program and Souvenir Program 7(E). ....................................................................................................................................................................... 12 Binding Effect of Agreement ....................................................................................................................................................................................... 12 Blacklisting .................................................................................................................................................................................................................... 13 Bond 61(B) ..................................................................................................................................................................................................................... 58 Breaches by Producers ................................................................................................................................................................................................. 13

C Cabaret, Definition 21(B) ............................................................................................................................................................................................... 23 Callboard ....................................................................................................................................................................................................................... 14 Cast Album 36(A) .......................................................................................................................................................................................................... 32 Changes in Cast Announcements ....................................................................................................................................................................................................... 14 Chorus Additional Compensation Provisions ..................................................................................................................................................................... 15 Playing a Chorus Part 13(B) ...................................................................................................................................................................................... 15 Playing a Principal Part 13(A) ................................................................................................................................................................................... 15 Swing 13(E) .............................................................................................................................................................................................................. 15 Understudy for Principal 13(C) ................................................................................................................................................................................. 15 Understudy to Chorus Part 13(D) .............................................................................................................................................................................. 15 Chorus Calls ......................................................................................................................................................................... See Auditions and Interviews

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Chorus, Definition 21(E) ................................................................................................................................................................................................ 23 Claims ............................................................................................................................................................................................................................ 15 Clothes and Make-Up ................................................................................................................................................................................................... 16 Change of Hair Color/Style 15(J),15(K) ................................................................................................................................................................... 17 Cleaning and upkeep 15(E) ....................................................................................................................................................................................... 17 Costume Fittings 15(N) ............................................................................................................................................................................................. 18 Dance Shoes 15(D)(2) ............................................................................................................................................................................................... 17 Hair Pieces 15(M) ..................................................................................................................................................................................................... 18 Knee Pads and Protective Clothing 15(G) ................................................................................................................................................................. 17 Make-up 15(F) .......................................................................................................................................................................................................... 17 Masks 15(M) ............................................................................................................................................................................................................. 18 Rentals 15(B) ............................................................................................................................................................................................................ 16 Shoes 15(D)(1) .......................................................................................................................................................................................................... 17 Skin Parts 15(H) ........................................................................................................................................................................................................ 17 Understudies and Swings 15(L) ................................................................................................................................................................................ 18 Wigs 15(M) ............................................................................................................................................................................................................... 18 Commercials 36(B) ........................................................................................................................................................................................................ 32 Commissions ..................................................................................................................................................................................................... See Agents Company Closing Notice 68(B)(3) ................................................................................................................................................................................. 66 Continuous Employment.............................................................................................................................................................................................. 18 Contract ......................................................................................................................................................................................................................... 18 Attempted Breach 17(G) ........................................................................................................................................................................................... 20 Changes and Alterations 17(C) ................................................................................................................................................................................. 19 Effective Date 17(A) ................................................................................................................................................................................................. 18 Executed Agreement 17(F)........................................................................................................................................................................................ 20 Hiring "As Cast 17(H) ............................................................................................................................................................................................... 20 Limited Term 17(D) .................................................................................................................................................................................................. 19 Outside Fields 17(E).................................................................................................................................................................................................. 19 Signing of 17(B) ........................................................................................................................................................................................................ 19 Term 59(F),59(G) ...................................................................................................................................................................................................... 56 Contractual Salary, Definition 21(A) .............................................................................................................................................................................. 23 Conversion Rights ........................................................................................................................................................................................................ 20 Conversion from Code 18(B) .................................................................................................................................................................................... 21 Subsequent Equity Contract 18(A) ............................................................................................................................................................................ 20 Costumes ............................................................................................................................................................................... See Clothes and Make-Up

D Dance Captain ............................................................................................................................................................................................................... 22 Increment .................................................................................................................................................................................................................. 22 Rehearsal Hours, Breaks, Rest Periods...................................................................................................................................................................... 22 Defaulting Employer .................................................................................................................................................................................................... 22 Definitions ..................................................................................................................................................................................................................... 23 Deputies ......................................................................................................................................................................................................................... 24 Deputies, No Discrimination ........................................................................................................................................................................................ 23 Disability Leave 31(E).................................................................................................................................................................................................... 29 Discrimination 6(G)(6) ................................................................................................................................................................................................... 10 Dues and Initiation Fees ............................................................................................................................................................................................... 24 Duration of Agreement ................................................................................................................................................................................................... 74 Duties of the Actor ........................................................................................................................................................................................................ 24

E EPA, Defined 6(B)(1) ....................................................................................................................................................................................................... 3 Equal Employment Opportunity Affirmation 6(G)(1)..................................................................................................................................................................................................... 8 Discrimination 6(G)(6) .............................................................................................................................................................................................. 10 Non-traditional Casting 6(G)(3) .................................................................................................................................................................................. 9 Equal Employment Opportunity 6(G) .............................................................................................................................................................................. 8 Equal Employment Opportunity 6(G)(7) ........................................................................................................................................................................ 10 Equal Employment Opportunity/Non-Traditional Casting/Non-Discrimination ............................................................................................................ 25 Equity

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Special Provisions .................................................................................................................................................................................................... 25 Equity Auditions 6(B) ...................................................................................................................................................................................................... 3 Equity Meetings 27(B) ................................................................................................................................................................................................... 25 Equity Members, No Discrimination .......................................................................................................................................................................... 23 Equity Regional Office City 6(B)(6) ................................................................................................................................................................................ 4 Equity Representatives................................................................................................................................................................................................. 24 Exclusive Service of the Actor ..................................................................................................................................................................................... 26 Expense Money 59(N) .................................................................................................................................................................................................... 58 Extraordinary Risks 32(C)- 32(D) .................................................................................................................................................................................. 31

F Final Curtain, Definition 21(G) ...................................................................................................................................................................................... 23 Firearms 64(B)................................................................................................................................................................................................................ 61 Four A's1(B) ..................................................................................................................................................................................................................... 1 Franchised Agents ............................................................................................................................................................................................. See Agents

H Health Benefits .............................................................................................................................................................................................................. 26 House Board 7(A)........................................................................................................................................................................................................... 10 Housing .......................................................................................................................................................................................................................... 26 Company Car 30(L) .................................................................................................................................................................................................. 28 Expense Money 30(B) ............................................................................................................................................................................................... 27 Internet Access 30(F) ................................................................................................................................................................................................ 27 Local Transportation 30(I)-30(M) ............................................................................................................................................................................. 27 Telephone 30(E) ........................................................................................................................................................................................................ 27

I Illness and Sick Leave .................................................................................................................................................................................................. 28 Initiation Fees................................................................................................................................................................................................................ 72 Injury & Supplemental Worker’s Compensation ...................................................................................................................................................... 30 Insurance Extraordinary Risks 32(C),32(D) .............................................................................................................................................................................. 31 Supplemental Worker's Compensation ...................................................................................................................................................................... 31 Unemployment 63 .................................................................................................................................................................................................... 59 Worker's Compensation 32(A) .................................................................................................................................................................................. 30 Intimidation .................................................................................................................................................................................................................. 31

J Juvenile Actors ................................................................................................................................................................................................. See Minors

L Laws Governing ............................................................................................................................................................................................................ 32 Lay-Off Christmas and Holy Weeks .................................................................................................................................................................................... 31 Local Transportation 69(F) ............................................................................................................................................................................................. 70 Lockouts ........................................................................................................................................................................................................................ 37

M Media Recording & Broadcast Advance News Recording 36(D)............................................................................................................................................................................... 34 Cast Album 36(A) ..................................................................................................................................................................................................... 32 Commercials 36(B) ................................................................................................................................................................................................... 32 Newscast, Three-Minute Excerpt 36(C) .................................................................................................................................................................... 33 Notice to Broadcast Media 36(E) .............................................................................................................................................................................. 34

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Subsequent Use of Three Minute Excerpt 36(F) ....................................................................................................................................................... 34 Use of Footage After Expiration of Contract 36(H) .................................................................................................................................................. 35 Web Sites 36(G) ........................................................................................................................................................................................................ 35 Media Recording & Broadcast 36 .................................................................................................................................................................................. 32 Military Service of the Actor ....................................................................................................................................................................................... 36 Minors ............................................................................................................................................................................................................................ 35 More Remunerative Employment ............................................................................................................................................................................... 36 Motion Picture Rights .................................................................................................................................................................................................. 36 Musical Instrument Rental 41 ......................................................................................................................................................................................... 37

N No Lockouts or Strikes ................................................................................................................................................................................................. 37 Non-Discrimination 43 ................................................................................................................................................................................................... 37 Non-traditional casting 6(G)(3) ........................................................................................................................................................................................ 9 Nudity ............................................................................................................................................................................................................................ 38 Interviews/Auditions 45(A) ....................................................................................................................................................................................... 38 Rehearsal/Performances 45(B) .................................................................................................................................................................................. 38 Number in Cast ............................................................................................................................................................................................................. 39

O Overtime 59(E) ............................................................................................................................................................................................................... 56

P Pension ........................................................................................................................................................................................................................... 39 Pension and 401 k Deferral............................................................................................................................................................................................. 39 401 k Deferral ........................................................................................................................................................................................................... 39 Pension ...................................................................................................................................................................................................................... 39 Performances ................................................................................................................................................................................................................ 39 Extra performances 48(C) ......................................................................................................................................................................................... 40 Intermission Length 48(A)(6).................................................................................................................................................................................... 40 Number of 48(A) ....................................................................................................................................................................................................... 39 Overtime 48(B) ......................................................................................................................................................................................................... 40 Performers with Disabilities 6(G)(5) ................................................................................................................................................................................ 9 Photographs and Publicity ........................................................................................................................................................................................... 40 Principal Actor, Definition 21(D) ................................................................................................................................................................................... 23 Principal Audition ................................................................................................................................................................................................ See EPA Production Prosecuted ................................................................................................................................................................................................. 41 Programs ................................................................................................................................................................................ See Billing and Programs Property Reimbursement to Actor......................................................................................................................................................................................... 42

R Recordings Used in Production ................................................................................................................................................................................... 43 Rehearsal Pianist 53(I) ............................................................................................................................................................................................................... 46 Rehearsals ..................................................................................................................................................................................................................... 44 After First Paid Public Performance 53(H) ............................................................................................................................................................... 45 Before First Paid Public Performance 53(G) ............................................................................................................................................................. 45 Breaks 53(G)(1) ........................................................................................................................................................................................................ 45 Costume Call 53(L) ................................................................................................................................................................................................... 46 Days Off 53(E) .......................................................................................................................................................................................................... 44 Discontinued or Play Abandoned 53(N).................................................................................................................................................................... 46 Hours 53(G)(2) .......................................................................................................................................................................................................... 45 Minimum Rehearsal Call 53(F) ................................................................................................................................................................................. 44 On-Stage Technical Rehearsal 53(G)(3) ................................................................................................................................................................... 45 Overtime 53(J) .......................................................................................................................................................................................................... 46 Rehearsal for Replacements 53(O) ............................................................................................................................................................................ 46

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Rehearsal Salary 53(C).............................................................................................................................................................................................. 44 Reopening of a Production ........................................................................................................................................................................................... 46 Replacement of Actor ................................................................................................................................................................................................... 46 Reports ........................................................................................................................................................................................................................... 47 W-2 Forms 56(A) ...................................................................................................................................................................................................... 47 Rest Periods................................................................................................................................................................................................................... 48 Rest Period After Travel 69(D) ................................................................................................................................................................................. 70 Twi-Night Performances 57(B) ................................................................................................................................................................................. 48

S Safe and Sanitary .......................................................................................................................................................................................................... 48 Actors with Disabilities 58(B)(10) ............................................................................................................................................................................ 52 Aisles 58(B)(12) ........................................................................................................................................................................................................ 52 Cots 58(B)(13) .......................................................................................................................................................................................................... 52 Dance Surfaces 58(B)(3) ........................................................................................................................................................................................... 49 Dressing Rooms 58(B)(6) ......................................................................................................................................................................................... 50 Drinking Water 58(B)(16) ......................................................................................................................................................................................... 52 Fire Safety Procedures 58(B)(19) .............................................................................................................................................................................. 53 First Aid Kits 58(B)(14) ............................................................................................................................................................................................ 52 Guide Lights 58(B)(11) ............................................................................................................................................................................................. 52 Inspection and Compliance 58(B)(22)....................................................................................................................................................................... 53 Intercom System 58(B)(15) ....................................................................................................................................................................................... 52 Lavatory and Toilet Facilities 58(B)(7) ..................................................................................................................................................................... 51 Medical Services 58(B)(18) ...................................................................................................................................................................................... 53 Performance Spaces 58(B) ........................................................................................................................................................................................ 48 Raked Stages Prohibited 58(B)(4) ............................................................................................................................................................................. 49 Rehearsal Spaces 58(A)............................................................................................................................................................................................. 48 Smoke and Haze 58(B)(5) ......................................................................................................................................................................................... 49 Stage Managers' Booths 58(B)(8) ............................................................................................................................................................................. 51 Salaries .......................................................................................................................................................................................................................... 54 Additional Duties 59(L) ............................................................................................................................................................................................ 56 Overtime 59(E).......................................................................................................................................................................................................... 56 Per Performance Minimum Salaries 59(A)(2) ........................................................................................................................................................... 55 Weekly Minimum Salaries 59(A)(1) ......................................................................................................................................................................... 54 Salary Continuance .......................................................................................................................................... See Supplemental Workers' Compensation Secret Vote .................................................................................................................................................................................................................... 58 Security and Security Agreements .............................................................................................................................................................................. 58 Service During the Performance ................................................................................................................................................................................. 59 Set Moves 59(M) ............................................................................................................................................................................................................ 56 Sick Leave ............................................................................................................................................................................. See Illness and Sick Leave Sick Pay 31(D) ............................................................................................................................................................................................................... 29 Social Security ............................................................................................................................................................................................................... 59 Stage Fighting ............................................................................................................................................................................................................... 60 Stage Manager Prohibited Activities 65(O)(3)................................................................................................................................................................................... 63 Stage Manager, Definition 21(F) .................................................................................................................................................................................... 23 Stage Managers .............................................................................................................................................................................................................. 61 Assistant Stage Managers Required 65(D),65(E) ...................................................................................................................................................... 61 Duties and Obligations 65(O).................................................................................................................................................................................... 63 Duties Not Required to Perform 65(O)(1) ................................................................................................................................................................. 63 Not Permitted to Act 65(H) ....................................................................................................................................................................................... 62 Overtime 65(P)(3) ..................................................................................................................................................................................................... 64 Post Production 65(I)(3) ............................................................................................................................................................................................ 62 Pre-Production 65(B) ................................................................................................................................................................................................ 61 Stage Managers' Booths 58(B)(8) ............................................................................................................................................................................. 51 Working Conditions 65(P) ........................................................................................................................................................................................ 64 Strikes ............................................................................................................................................................................................................................ 37 Supplemental Worker’s Compensation 32(B) ................................................................................................................................................................ 31

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T Televising, Recording and Motion Picture Filming ................................................................................................ See Media Recording & Broadcasting Term of Employment ................................................................................................................................................................................................... 65 Termination .................................................................................................................................................................................................................. 65 After First Paid Public Performance 68(B)(2) ........................................................................................................................................................... 66 Before or During Rehearsal 68(B)(1) ........................................................................................................................................................................ 65 Just Cause 68(D) ....................................................................................................................................................................................................... 67 Transportation .............................................................................................................................................................................................................. 68 Air Travel 69(B) ........................................................................................................................................................................................................ 68 Automobile, Train & Bus Transportation 69(C) ....................................................................................................................................................... 69 Travel Rest Period After Travel 69(D) ................................................................................................................................................................................. 70 Twi-Night Performances ................................................................................................................................................................................................ 48

U Understudies ....................................................................................................................................... 71, See Also Changes in Cast: Announcements Understudy or Chorus Playing a Part 70(D) .............................................................................................................................................................. 71 Understudy 21(H) ........................................................................................................................................................................................................... 23 Unemployment Insurance ............................................................................................................................................................................................ 59 Union Emblem .............................................................................................................................................................................................................. 72 Union Security and Dues .............................................................................................................................................................................................. 72 Unpaid Absence Only for Compelling Circumstances or Emergency 31(F) .................................................................................................................. 30

V Vacation ......................................................................................................................................................................................................................... 72 Eligibility 73(D) ........................................................................................................................................................................................................ 73 Institutional Theatres 73(C)....................................................................................................................................................................................... 73 Productions with Four or More Performances Per Week 73(A) ................................................................................................................................ 72 Productions with Three or Fewer Performances Per Week 73(B) ............................................................................................................................. 73

W W-2 Forms 56(A) ........................................................................................................................................................................................................... 47 Web Sites 36(G) ............................................................................................................................................................................................................. 35 Worker's Compensation 32(A) ....................................................................................................................................................................................... 30 Workers Compensation 63(H) ........................................................................................................................................................................................ 60 Workweek/Workday, Definition 21(I)............................................................................................................................................................................ 23

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