Actors’ Equity Association

AGREEMENT AND RULES

GOVERNING EMPLOYMENT

UNDER THE

LOS ANGELES 99 SEAT THEATRE

AGREEMENT

Effective Date: April 1, 2019

Expiration Date: June 28, 2020

NATIONAL OFFICE 165 West 46

th Street

New York, NY 10036

(212) 869-8530 phone

(212) 719-9815 fax

CHICAGO OFFICE 557 West Randolph St

Chicago, IL 60661

(312) 641-0393 phone

(312) 641-6365 fax

HOLLYWOOD OFFICE 5636 Tujunga Ave

North Hollywood, CA 91601

(323) 978-8080 phone

(323) 978-8081 fax

ORLANDO OFFICE 10319 Orangewood Blvd

Orlando, FL 32821

(407) 345-8600 phone

(407) 345-1522 fax

www.actorsequity.org

Table of Contents

1. BINDING EFFECT OF AGREEMENT ...................................................................... 2 2. BIOS ......................................................................................................................... 2 3. BREAKS AND REST PERIODS .............................................................................. 3 4. CASTING RULES AND REQUIREMENTS .............................................................. 3 5. COSTUMES ............................................................................................................. 4 6. DEFINITIONS AND REFERENCES ......................................................................... 4 7. DEPUTIES ................................................................................................................ 4 8. DUES CHECKOFF ................................................................................................... 5 9. DUTIES OF THE ACTOR ......................................................................................... 5 10. DUTIES OF THE PRODUCER ................................................................................. 6 11. EQUAL EMPLOYMENT OPPORTUNITY/NON-DISCRIMINATION/NON-

TRADITIONAL CASTING ........................................................................................ 6 12. GRIEVANCE PROCEDURES .................................................................................. 9 13. MEDIA: RECORDING & BROADCAST – LIMITED ................................................ 9 14. MEDIA: RECORDING & BROADCAST – EXPANDED ......................................... 11 15. MINIMUM SALARIES ............................................................................................ 14 16. MINORS ................................................................................................................. 14 17. NO STRIKE / NO LOCKOUT ................................................................................. 14 18. NON-PROFESSIONALS ........................................................................................ 15 19. NON-RESIDENT ALIENS ...................................................................................... 15 20. NUDITY .................................................................................................................. 15 21. PHOTOGRAPHS .................................................................................................... 15 22. PRODUCTION AND REHEARSAL RULES .......................................................... 16 23. PRODUCTION REQUIREMENTS & RESTRICTIONS ........................................... 17 24. PRODUCTION RULES AFTER OPENING ............................................................ 17 25. PUBLICITY & ADVERTISING / PROGRAMS & BILLING ..................................... 18 26. RIGHTS AND OBLIGATIONS WITH RESPECT TO FUTURE PRODUCTIONS ... 18 27. SAFE & SANITARY CONDITIONS ........................................................................ 21 28. SEVERABILITY ...................................................................................................... 22 29. STAGE FIGHTING ................................................................................................. 22 30. STAGE MANAGERS ............................................................................................. 22 31. TERM OF AGREEMENT ........................................................................................ 23 32. TERMINATION ....................................................................................................... 23

THE LOS ANGELES 99-SEAT THEATRE AGREEMENT The Producer agrees to recognize Actors’ Equity Association (hereinafter called “Equity”) as the bargaining representative of the Actors (Principals, Chorus, Stage Managers, Assistant Stage Managers, Dance Captains, Swings and Understudies) employed by them for the purpose of collective bargaining and the administration of matters within the scope of this Los Angeles 99-Seat Theatre Agreement (“Agreement”). This Agreement is applicable only to productions presented in Los Angeles County with theatres having a capacity of no more than 99 seats.

1. 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.

2. BIOS (A) The Producer shall supply a free program to each audience member. An asterisk

(*) signifying Equity members shall be placed next to the name of each member involved with the production. The definition, which shall be placed on the Cast Page, shall read, " * Member of Actors' Equity Association, The Union of Professional Actors and Stage Managers in the United States."

(B) Each Actor shall have a biography in the program and shall have final approval of all material contained therein. This approval shall be in writing and not unreasonably withheld.

(C) Such approval shall include an indication of preferred cuts in the bio should 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.

(D) No Actor in any Production covered by this Agreement shall be required to submit a bio for the program of less than seventy-five (75) words. If any participant’s bio is allowed to exceed 75 words, then the Actor will be given the same consideration.

(E) Biographical material not disputed within forty-eight (48) hours of its submission to the Actors shall be considered approved.

(F) Previews may have a one-sheet program without biographies. (G) In the event there are errors or omissions in the printed cast listing in the program,

the Producer agrees that, upon receipt of notice of an admission or error, the Producer will, within at least one business day, place a printed slip in the program correcting the omission or error and will correct the omission or error in the next printing of the program, provided such notice is given twenty-four (24) hours prior to the press deadline.

(H) For each failure to place a correction slip in the program, the Producer shall pay the Actor $25.00.

3. BREAKS AND REST PERIODS (A) There shall be a break of five (5) minutes after fifty-five (55) minutes of rehearsal

for both dramatic and musical productions, or a ten (10) minute break after eighty (80) minutes of rehearsal. No Actor shall rehearse more than five consecutive hours without a meal break of one hour.

(B) There shall be a twelve (12)-hour rest period between the end of rehearsal or performance on one day and the beginning of rehearsal or performance on the next day, except for the rest period preceding the day of the first paid public performance when the rest period may be ten (10) hours. If this Section 3(B) is violated, the Producer shall pay the Actor for all hours worked during the rest period at a rate of time and one-half the contractual wage rate.

(C) There shall be one full day off after every six (6) days of rehearsal and/or performance.

4. CASTING RULES AND REQUIREMENTS (See also Rule 11. EQUAL EMPLOYMENT OPPORTUNITY/NON-DISCRIMINATION/NON-TRADITIONAL CASTING) (A) Auditions, excluding initial interviews, shall be limited to three in number. Actors

shall be paid a $25 fee for the fourth and each subsequent audition. (B) The Producer must provide, maintain and monitor a sign-in sheet and audition

Actors either in the order in which they arrive and sign in, or by preset appointment times. Said sign-in sheet will be made available to Equity upon request.

(C) Equity and the Producer agree that personal information (including but not limited to contact information) provided by the Actor in any form for purposes of employment is provided in confidence and is to be used solely for casting purposes (e.g., setting up callbacks, providing audition material, making offers of employment). The Producer shall not use this private information for the purpose of marketing and/or advertising or for unsolicited contact of a personal nature and shall notify contractors of same.

(D) The casting notice shall include the name(s) and title(s) of casting personnel expected to attend the auditions.

(E) No interviews or auditions for Actors may be held during the hours of an Equity Membership Meeting.

(F) All safe and sanitary conditions as specified herein shall apply to interview and audition locations.

(G) Producers must post tentative production schedules at all calls. Theatre operating guidelines that have been approved by Equity, and which are not in conflict with this Agreement, shall also be posted.

(H) Any production in which nudity is required shall abide by the provisions as stated in Section 20, NUDITY.

(I) When the producer assigns an Understudy, any guaranteed performances shall be made in writing and signed by the Actor, the Understudy and the Producer.

5. COSTUMES (A) The Producer may not require the loan of costumes. (B) An Actor may elect to provide his or her own wardrobe and shall arrange for any

reimbursements for such wardrobe with Producer prior to use in the production. (C) Costumes or clothing used in a production shall be freshly cleaned when

delivered to the Actor and cleaned thereafter whenever needed. Spot cleaning, when required, shall be completed in enough time to allow for drying and airing prior to the half-hour call.

(D) The Producer shall provide new stockings, undershirts and other conventional "skin parts" of costumes and/or clothes prior to the first performance and shall launder or clean such skin parts for each performance thereafter. Such items may be laundered or cleaned less frequently if the Deputy and Stage Manager agree. Laundered items shall be completely dry and delivered to the Actor prior to the half-hour call.

(E) Costume parts that are damp shall be dried for each performance.

6. DEFINITIONS AND REFERENCES (A) “Production” shall refer to any production mounted under the terms of this

Agreement. (B) “Producer” shall refer to the person who has agreed in writing to abide by the

Agreement, whether on behalf of oneself, a group of individuals, an institutional theatre, or a corporation or other entity.

(C) A “99-Seat Theatre” is an Equity-approved space with a capacity of 99 seats or fewer. In accordance with Section 23(B) PRODUCTION REQUIREMENTS & RESTRICTIONS, this Agreement shall not apply to a larger theatre that has been reduced to 99 seats. An audience may not exceed 99 persons; standing room shall be prohibited.

(D) A “Performance” shall mean any presentation, including previews and/or rehearsals, before a paid audience. This Agreement does not cover workshops or staged readings, which are covered by other Equity agreements or codes.

(E) An “Actor” shall include Principals, Chorus, Stage Managers, Assistant Stage Managers, Dance Captains, Swings, and Understudies and shall exclude Non-Professionals.

7. DEPUTIES (A) Definition: The Deputy is a liaison between the production and Equity, elected by

the Actors by secret ballot from among the Actors present.

(B) Duties: (1) The Deputy will ensure that a copy of this Agreement is available from the

first rehearsal throughout the run of the production. (2) The Deputy will ensure any production problems, question about this

Agreement rules, and possible infringements brought to his or her attention by the Actors are reported to the Equity office.

8. DUES CHECKOFF (A) The Producer shall deduct union dues, initiation fees and assessments from the

Actor's salary and remit to Equity, provided that the Producer receives timely notice from Equity, with proper authorization, agreed to and signed by the Actor.

(B) Should there be an early termination of the Actor’s contract, the Producer also agrees that the full amount owed to Equity at the time of such termination shall be deducted before the Actor's final paycheck, to the extent possible. In the event such monies are not so deducted, the Producer assumes responsibility for this obligation.

9. DUTIES OF THE ACTOR No Actor shall be required to perform duties other than those for which the Actor is hired under an Equity contract.

The Actor shall:

(A) Be prompt at rehearsals and all other work calls; (B) Report immediately to the stage manager any changes in availability which affect

scheduled rehearsals or performances; (C) Appear at the theatre no later than one-half hour prior to the performance; (D) Pay strict regard to makeup and dress; (E) Conform to the language of the script; (F) Perform the Actor's services as reasonably directed, to the best of the Actor's

ability; (G) Properly care for the Actor's costume and props; (H) Respect the physical property of the production and the theatre/Producer; (I) Report immediately to the Deputy an alleged infringement of this Agreement; (J) Refrain from using or being under the influence of alcoholic beverages and illegal

drugs during rehearsals, half-hour and performances and/or while traveling in the company vehicle;

(K) Abide by all reasonable rules and regulations of the Producer not in conflict with Equity Rules; and

(L) Abide by all Equity rules and regulations.

10. DUTIES OF THE PRODUCER (A) The Producer shall return a producer’s questionnaire to Equity, identifying all

Actors who will be contracted for each production, no later than ten (10) business days prior to the start of rehearsals. Equity shall then prepare individual form contracts for each Actor, which will be released to the Producer. Producer will be obligated to return fully-executed individual contracts for each contracted Actor in advance of the first day of rehearsal.

(B) The Producer shall obtain and maintain Workers’ Compensation insurance coverage for all Actors.

(C) Any Theatre Company or Producer doing open casting shall submit a casting breakdown to Actors’ Equity for posting on its website and at least one recognized online casting service or Backstage West.

(D) The Producer shall be required to submit to Equity a final statement of actual expenses, income and attendance on a standard form no later than 90 days after the close of a production.

(E) The Producer may not request or require financial contributions or loans from Actors; and may not accept wage givebacks, tuition, fees, assessments or payments of any kind from Actors. The Producer may not institute any program of mandatory ticket sales for the company.

(F) The Producer shall make no changes in the starting date of the rehearsal period, or in the permanent performance schedule without prior notification to Equity.

(G) The Producer will allow a designated Equity representative to attend any audition, rehearsal or performance of a Production.

(H) The Producer shall to the best of the Producer's ability provide the Actors, every two weeks, a list of any professional attendees and the dates of attendance.

11. EQUAL EMPLOYMENT OPPORTUNITY / NON-DISCRIMINATION / NON-TRADITIONAL CASTING (A) 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. Consistent with the foregoing, it is the intention of the parties that the casting of plays and the hiring of Stage Managers be conducted in such a manner as to provide equal employment opportunities to Actors of all ethnicities (including but not limited to African American, Asian/Asian Pacific American, Hispanic American, Native American, multi-cultural), women, seniors, and Actors with disabilities. The Producer agrees that the casting of all productions 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 American, Hispanic American, Native American, multi-cultural), women, seniors, and Actors with disabilities. Unless otherwise textually indicated, all parts/roles shall be open

to all Actors without prejudice. This shall be evident in all casting notices, calls and cast breakdowns in order to ensure full participation in the casting process.

(B) Non-Discrimination. (1) The parties hereto affirm their commitment to the policy that employment

hereunder shall be without discrimination on the basis of sex, race, color, creed, national origin, age, disability, gender identity and/or expression, sexual orientation, familial status, veteran status or political persuasion or belief. Consistent with the foregoing, it is the intention of the parties that the casting of productions will be conducted in a manner which provides equal and fair consideration to all Actors including, but not limited to: Actors with disabilities, Actors of color, seniors and women.

(2) 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.

(3) The performer or applicant shall submit to Equity any claimed violation of these provisions following the alleged discrimination. Equity shall send written notice thereof to the Producer. The Board of Review shall be convened immediately thereafter.

(4) 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 Rule 12, GRIEVANCE PROCEDURES.

(5) Notwithstanding Rule 17, NO STRIKES/NO LOCKOUT, the cast shall not be required to perform in any theatre, public or private institution, or other place of performance, where discrimination is permitted or practiced because of sex, race, color, creed, national origin, age, disability, gender identity and/or expression, sexual orientation, familial status, veteran status or political persuasion or belief against any person. Equity, not the individual Actor or company, shall determine whether discrimination exists at the place of performance.

(6) In order to ensure equal employment opportunities for all Actors, the Producer shall hold Principal and Chorus Interviews and Auditions pursuant to Rule 4. CASTING RULES AND REQUIREMENTS.

(7) The parties hereto agree to continue their joint efforts toward and reaffirm their commitment to the policy of non-discrimination and to an ongoing policy of furthering the principles of equal employment opportunity. It is the desire of the parties that employment opportunities for Actors with disabilities, Actors of color, seniors and women be improved and that the stage reflect a diverse and inclusive society.

(C) Non-Traditional Casting. (1) The parties hereto affirm their commitment to an inclusive casting policy

known as Non-Traditional Casting. Non-Traditional Casting is for the purpose of increasing employment for Actors of color, women, seniors and

performers with disabilities, and is for the casting of such performers in roles where race, age, ethnicity, gender or the presence or absence of a disability is not germane to either the play or the character’s development.

(2) In furtherance of this goal, the Producer agrees to make a determination of Non-Traditional Casting opportunities, taking into consideration any suggestions made by Equity, and to identify for use in all published casting notices and in the Producer’s announcements to agents and casting directors roles available for Non-Traditional Casting and to actively solicit the participation of Actors of color, women, seniors and performers with disabilities.

(3) The foregoing constitutes an expression by Equity and the Producer of their desire to encourage and promote diverse and inclusive employment practices.

(4) Producer agrees to encourage all Directors, Choreographers and Casting Consultants in the Producer’s employ to select in accordance with this policy. Furthermore, the Producer will provide a statement of this Non-Traditional Casting policy to all Directors, Choreographers and Casting Consultants.

(D) Performers with Disabilities. (1) When a role to be cast depicts a person with a specific disability, the

Producer shall include this information in the casting specifications and, at the same time, shall notify Equity of such specifications so that performers with comparable disabilities may be informed and given the opportunity to audition for the role. Producers will make every effort to cast a role depicting a person with a disability with a performer with said, or a comparable, disability.

(2) All auditions shall be held in premises that are architecturally accessible. If auditions cannot be held in premises that are architecturally accessible, the Producer will, upon notification by Equity or by a performer with a disability who wishes to attend the audition, arrange for appropriate audition facilities to accommodate performers with disabilities.

(3) When a deaf performer is sought or a deaf character is being cast, the Producer shall provide, during the audition, a qualified interpreter for the deaf (one qualified or certified in sign language or oral interpretation).

(4) All audition material provided by the Producer shall, upon request, be made available to performers who are blind or have low vision at a place to be designated by the Producer at least 48 hours in advance of the audition.

(E) Records. (1) The Producer will maintain records of Actors of color (including but not

limited to African American, Asian/Asian Pacific American, Hispanic American, Native American, multi-cultural), women, seniors and Actors with disabilities auditioned at all auditions and hired and will forward such records

including information on Actors hired, to Equity, at least once within each calendar year.

(2) The Producer may provide a form upon which performers who appear at the audition may, at their option, anonymously designate ethnicity, gender and disability.

12. GRIEVANCE PROCEDURES Any controversy arising from the application or interpretation of this Agreement or affecting the relationship between any Actor and the Producer, or Equity and the Producer, including disputes as to the existence or validity of any employment contract, shall be resolved through the following procedure:

(A) Equity will present a formal, written grievance containing a short written description of the subject of the grievance, and the articles and sections of this Agreement that have allegedly been violated.

(B) The parties shall meet to attempt to resolve the grievance within fifteen (15) calendar days.

(C) If the parties are not successful in resolving the grievance, either Equity or the Producer may invoke Arbitration pursuant to the Voluntary Labor Arbitration Rules of the American Arbitration Association.

(D) 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. Equity shall determine the site of arbitration, which shall be in the County of Los Angeles.

(E) Expenses. Equity and the Producer shall share the expenses of the arbitration, including the compensation of the arbitrator, equally.

(F) Equity shall act on behalf of the Actor in any arbitration proceedings; and, no Actor is authorized to commence any arbitration proceeding except with the consent of Equity.

(G) Interest. In the event an award is rendered, the arbitrator has the right to assess interest, retroactive to the date of the claim, at the then-prevailing prime rate in effect on the date of the award.

13. MEDIA: RECORDING & BROADCAST – LIMITED All Producers shall be bound to the media terms as set forth below. All Seasonal Producers may use Rule 14 MEDIA: RECORDING & BROADCAST – EXPANDED for additional provisions. Non-Seasonal Producers must elect to opt-in to Rule 14 MEDIA: RECORDING & BROADCAST - EXPANDED for additional provisions.

(A) Except as provided below, there shall be no televising, broadcasting, visual and/or sound recording, cast album recording, motion picture filming,

videotaping, other mechanical, electronic, or evolving digital means or other substantially similar current and evolving methods of recording (hereinafter "Recording") in whole or in part, of any production, including rehearsals, in which Actors are employed under the terms of this Agreement without the express permission of and under terms and conditions established by Equity. This prohibition shall be in effect from the beginning of employment until 19 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.

(B) News & Community Affairs Programs. Subject to the conditions listed herein, a Recording may be made of the production for use on a newscast review or a feature story on the production contained within a news program, local public affairs program or magazine format programs: (1) During Rehearsal.

(a) Recording sessions shall not exceed 30 minutes of the regularly scheduled rehearsal.

(b) The Producer shall file a report with Equity giving the time utilized for the Recording sessions.

(c) The Producer may schedule up to three Recording sessions and must have all programs do their Recording within those three sessions.

(d) Upon contemplation of Recording during rehearsal, the Producer shall make every reasonable effort to give the cast a 24-hour notice.

(e) If the time of the Recording is changed, the Producer shall notify the cast of such change.

(2) At a Performance. (a) Recording may be for only 30 minutes of footage. (b) If possible, the cast shall be given 24 hours’ notice. (c) When cameras are going to Record, the cast shall be given notice at the

half-hour call. (d) No additional or altered lighting may be used. It is intended that in

permitting such Recording, neither the Actor nor the audience shall be disturbed in any manner.

(3) Additional Footage. (a) The Producer may Record interviews, backstage footage and other non-

rehearsal/non-performance footage (together, “Additional Footage”), which must be voluntary.

(b) The Producer’s intent is to show the Actor 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 time limit on the amount of Additional Footage. (4) Provisions Applicable to Both Performance and Rehearsal.

(a) No more than three minutes of combined rehearsal/performance footage may be used in the news or community affairs program, within which, an entire scene or musical number may be shown.

(b) No additional payment shall be required provided no payments are made to any other personnel employed in the production.

(c) Should an Equity Stage Manager be on Contract, said Stage Manager is required at all Recording sessions.

(d) For any violation of this section (B), other than violations of unauthorized subsequent use of the Recording, the Producer shall pay one week's contractual salary or Production Contract minimum, whichever is greater, to each Actor whose rights have been breached hereunder.

(C) Advance News Recording. The Producer may Record Advance News footage, provided that Producer adheres strictly to all the terms and conditions of Rule 13(B) above, in order to be able to supply footage to news and current affairs programs 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.

(D) For any unauthorized use of any Recorded material, the Producer shall pay no less than the applicable SAG-AFTRA minimum for that type of usage plus two weeks’ contractual salary, or Production Contract minimum, whichever is greater, to each Actor whose rights have been breached hereunder.

(E) Use of Footage After Expiration Date of Contract. Any footage produced under Rule 13 of this Agreement 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.

14. MEDIA: RECORDING & BROADCAST – EXPANDED All Producers shall be bound to the media terms set forth in Rule 13 MEDIA: RECORDING & BROADCAST – LIMITED, All Seasonal Producers may use this Rule 14 MEDIA: RECORDING & BROADCAST – EXPANDED for additional provisions. Non-Seasonal Producers must opt-in to use the terms of this Rule and shall pay a weekly salary increase of $25 to all Actors in the production for the length of the contract beginning from the first day of rehearsal.

(A) Websites. Up to a total of five minutes of rehearsal and/or performance footage (which may depict an entire scene or musical number) may be used on websites of the Theatre or the individual production, including pages on third-party hosting sites, e.g., Facebook and YouTube. Use of rehearsal and/or performance footage on any other website shall require Equity’s written permission. This does not preclude the Producer from being linked on other websites.

(B) Recording for Fundraising, Grant, Award, or Prize Applications. In a not-for-profit Theatre only, a Recording maybe be made for use by the Producer in fundraising, grant, award, or prize applications under the following terms and conditions: (1) All Recording must occur in accordance with Rule 13(B). (2) The Producer shall receive no compensation for the exhibition of any

recording produced under the terms of this provision. (3) The Producer shall provide Equity with the opportunity to view the completed

recording. (4) The Producer shall maintain control and ownership of all recordings and

shall ensure that they are used for no commercial purpose whatsoever. (5) The edited recording produced under the terms of this provision may include

up to 25% of the production, but in no case more than 15 minutes total. Such edited footage may depict an entire scene or musical number.

(6) The provisions of this section are not intended to allow recording for the creation of television commercials or Public Service Announcements and these recordings may not be used in such commercials.

(7) If, at any time, the Producing Organization no longer operates as a Theatre, the recordings shall be turned over to Equity or a mutually acceptable archive within 30 days.

(8) For any violation hereof, the Producer shall pay one week's contractual salary or Production Contract minimum, whichever is greater, 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 Rule, which the Actor or Equity has against the Producer or any third party.

(C) Archive Recording. A Recording (hereafter “Archival Recording”), in whole or in part, of a production in which Equity members are employed under the terms of the 99 Seat Theatre Agreement, may be made for an archive maintained by the Producer under the following terms and conditions: (1) A single Recording may be made for the purposes of the Archive and shall

not be loaned out or removed from the Theatre's premises without the written consent of Equity. The Archival Recording will not be considered for any purpose except as identified herein.

(2) Recording shall take place during a regularly scheduled performance.

(3) The Actor shall be advised as to the nature and purpose of such Recording. The Producer shall submit notice to Equity, in writing, that the Recording for an Archive will be made as soon as the date of the Recording is known, but in no event shall there be less than 48-hours’ notice to the Actors.

(4) If there is nudity involved in the production, no Archival Recording can be made.

(5) Any rehearsal called to prepare for the Recording shall require overtime payment to the Actors called.

(6) No person connected with the production shall receive special compensation for this Recording. Should any other participating union, such as the Musicians Union or the Stage Hands Union, receive compensation for its participation, then these conditions shall no longer apply and each Actor participating in this Archival Recording shall be paid no less than the applicable SAG-AFTRA rate.

(7) The Producer shall provide Equity with the opportunity to view the completed Recording upon request.

(8) The Recording may be viewed by anyone employed by or connected artistically with the Theatre and by scholars, teachers, and students in and of the visual and performing arts and by Equity members.

(9) If, at any time, the Producing Organization no longer operates as a Theatre, the recording shall be turned over to Equity or a mutually acceptable archive within 30 days.

(10) A Producer wishing to house its archives in a facility not under direct control of the Producer must obtain Equity’s consent.

(11) The Producer shall maintain control and ownership of the recording and will ensure that it is not used for any commercial purpose whatsoever. The Producer shall also ensure that no copies of the recording are made for any purpose whatsoever without the express written approval by Actors’ Equity and under the terms and conditions set by Equity.

(12) Any violation of this section (C) shall result in a payment of either two weeks' contractual salary or Two Thousand Dollars ($2,000), whichever is greater, for each breach, to each Actor whose rights have been breached hereunder, plus whatever SAG-AFTRA rate may be due.

(D) Non-Seasonal Producers may use Recordings under Rule 14 MEDIA: RECORDING & BROADCAST – EXPANDED for as long as the production runs under a current Equity Contract.

(E) For any unauthorized use of any Recorded material, the Producer shall pay no less than the applicable SAG-AFTRA minimum for that type of usage plus two weeks’ contractual salary, or Production Contract minimum, whichever is greater, to each Actor whose rights have been breached hereunder.

15. MINIMUM SALARIES (A) All Actors covered by this Agreement will be paid a salary no less than the

applicable statutory minimum wage and will be called for a minimum of two (2) hours.

(B) The Producer shall pay the Actors all rehearsal and performance salaries for all work done each week no later than the evening prior to the last banking day of the following week, but in no event later than Thursday.

(C) Because an Equity bond is not required for the use of this Agreement, Actors should notify Equity immediately in the event salaries are not paid pursuant to this Agreement.

(D) In the event that the applicable statutory minimum wage increases during the term of this agreement, the applicable minimum salary in this Agreement, or any other rate tied to the applicable statutory minimum wage, shall automatically be increased to reflect appropriate payment under the new rate.

16. MINORS The use of minors shall be subject to all applicable laws.

17. NO STRIKE / NO LOCKOUT (A) Notwithstanding any other provisions contained in this Agreement to the

contrary, no Actor shall be subject to discharge, discipline, or replacement by the Producer (1) 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

(2) 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 a 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 Equity endorses and supports the strike or picketing and directs its members to honor such picketing or strike, and further provided that the strike or picketing is not in violation of law.

(B) The Producer shall not lockout any of the Actors, and neither the Actors nor Equity shall call, sanction, or participate in a strike during the period of this Agreement except as provided above. In no event shall any Actor be required to perform, or to enter the theatre for such purpose, if such performance or entrance would endanger the Actor's safety.

(C) Should a strike by the Actors occur during the period of this Agreement, Equity shall be deemed not to have violated the terms of this Rule if Equity refrains from assisting, encouraging, or condoning and in good faith takes every reasonable

means to terminate the strike at once, and in addition thereto, promptly declares publicly that the strike is unauthorized and directs the Actors to cease such conduct.

18. NON-PROFESSIONALS The Producer may employ Non-Professionals in proportion to Actors covered by this Agreement as follows: if the total number of cast members is between 1 and 4, at least 2 Actors must be covered by this Agreement; if the total number of cast members is between 5 and 10, at least 4 Actors must be covered by this Agreement; if the total number of cast members is more than 10, at least 5 Actors must be covered by this Agreement.

19. NON-RESIDENT 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 grievance and arbitration.

20. NUDITY The following rules and requirements regarding performances and auditions where nudity and/or acts of a sexual nature are involved shall apply:

(A) Nudity shall not be permitted in any interview or audition. (B) Where nudity and/or acts of a sexual nature are required of an Actor in the course

of the stage presentation, the Actor must be so advised, in writing IN ADVANCE of the Actor’s hiring. The script shall be submitted to the Actor in advance of signing their contract if the Actor so requests.

(C) Actual sex acts shall not be requested or required of an Actor at any time. (D) Actor may not pose for nude photographs or appear nude for any motion picture

filming, videotaping or other forms of visual recording without the consent of Equity. (1) Actor shall not, while nude, mix with the audience or leave the backstage or

performing area.

21. PHOTOGRAPHS Individual, rehearsal or production photographs may be used for publicity and advertising purposes but may not be used in conjunction with any commercial product without the prior written authorization of the Actor and of Equity.

The Actor’s name shall be properly credited on the same page as their photo or on the facing page whenever and wherever the photographs are used and/or distributed by the Theatre, except in a group photograph of more than five. If the Actor’s photo appears on the front or back cover, their name shall be credited on the first available following or preceding page, respectively. 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 in writing of improper credit. If such error is not corrected within one week of the Producer being notified, the Actor shall be paid 5 hours of contractual hourly wage for each day thereafter that the error remains uncorrected.

22. PRODUCTION AND REHEARSAL RULES (A) The Producer shall have a Stage Manager present at all rehearsals and

performances commencing with the first read-through. (1) At no time shall an Actor be asked to hold book or perform duties of a Stage

Manager (as defined in Section 30(B), Stage Manager Duties). (B) Absence from rehearsals and performances shall be allowed for 4As auditions,

other union work, and bona fide personal emergencies. No rehearsal for Actors may be scheduled during Equity membership meetings unless the day of a meeting coincides with an opening night.

(C) Rehearsals for any Actor shall not exceed eight (8) hours per day and combined weekly rehearsal and performance hours shall not exceed thirty-six (36) hours per week.

(D) The Producer agrees that best efforts will be made to make optimum use of the Actors' time and energy by staggering calls. Split day rehearsals shall not be allowed at any time.

(E) There shall be no rehearsals or performances on Thanksgiving or Christmas Day.

(F) Rehearsal rules will apply, and up to one hour of notes will be permitted after each performance (provided the allowable weekly rehearsal hours are not exceeded), for up to six (6) paid public performances or the official opening, whichever comes first.

(G) On a single performance day, there shall be no more than five (5) hours of rehearsal.

(H) After the official opening or six (6) performances, whichever comes first: (1) There shall be no rehearsals on non-performance days. (2) Rehearsals shall be limited to brush-ups and replacement/understudy calls. (3) There must be at least one hour between the end of rehearsal and the half-

hour call for a scheduled performance. The combined rehearsal and performance time, excluding the break and half-hour call, shall not exceed six (6) hours.

(4) The Actor’s obligation for rehearsals will be limited to not more than fifteen (15) hours in every four (4) weeks.

(5) There will be no rehearsal on a two-performance day except for emergency replacements.

(6) There will be no meetings called after final curtain for the purpose of notes or rehearsal.

(7) There will be no rehearsals allowed for the purpose of incorporating new material.

23. PRODUCTION REQUIREMENTS & RESTRICTIONS Any violation of these Production Requirements and Restrictions, or any other provision of this Agreement, shall be subject to the Grievance and Arbitration Procedure.

(A) Productions may be mounted under this Agreement as follows: (B) Only within Los Angeles County. (C) Only in an approved 99-Seat Theater. This Agreement shall not be used in a

theatre that has been reduced to 99 seats from a larger capacity. (D) Any site-specific spaces, including but not limited to outdoor venues and other

non-traditional theatrical spaces, must be approved by Equity. (E) This Agreement shall not be available to any Producer on the Equity list of

Defaulting Producers. (F) The following types of productions will not be allowed under this Agreement:

(1) Theatre for Young Audiences, Cabaret, and Dinner Theatre-style productions.

(2) Touring productions. (G) No Actor shall be expected or required to expend moneys for ANY production

expenses upon the promise of reimbursement including, but not limited to props, costumes, and publicity expenses.

24. PRODUCTION RULES AFTER OPENING (A) There will be no more than six (6) performances per week and no more than one

(1) two-performance day. (B) The Producer may not alter the number of scheduled weekly performances or

reduce the length of the scheduled run without at least one week's written notice to the cast and Equity.

(C) In case of individual performance cancellation, the cast must be notified three (3) hours before the half-hour call, unless such cancellation is caused by an Actor's unavailability for the performance or as a result of an Act of God. If such notice is not given, the Producer shall pay each Actor a fee equal to their performance salary for said performance.

(D) Meals will be provided on any two-performance day when there is no more than one hour between the final curtain of the first performance and the half-hour for the second performance.

25. PUBLICITY & ADVERTISING / PROGRAMS & BILLING (A) Front of House Publicity

(1) The Producer shall either (a) Post prominently a photo of each Actor and Understudy (and Stage

Manager, if they wish), with the Actor's name; or, (b) Include a photo of each Actor and Understudy (and stage manager, if

they wish) adjacent to the person's bio in the program. (2) All changes in cast shall be made either by:

(a) Announcement from the stage or over the public address system before the performance; or,

(b) Announcement in all programs by the insertion of a printed slip. (3) In addition to the above, any change in cast shall be posted prominently 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 eight (8) by ten (10) inches in size, with the name of the role and the Actor in letters of at least one inch. The posted announcement need only list the character name and the name of the understudy or the replacement.

(B) All advertising, excluding paid news ads, containing cast names shall also include notice that the Actors employed in the production are members of Actors’ Equity Association.

26. RIGHTS AND OBLIGATIONS WITH RESPECT TO FUTURE PRODUCTIONS (A) General.

(1) Producer hereby assumes obligations to make certain payments as specified in this Article to Actors who are employed in the Production, upon subsequent exploitation of the property.

(2) Producer’s obligations commence, and the Actor’s rights vest, on the first day of the Actor’s participation in the Production, regardless of whether the Actor’s role is subsequently written out of the play.

(3) The Producer shall furnish any documents or information required by AEA for implementation of the provisions contained herein.

(B) Conversion to another AEA contract production. (1) A “Subsidiary Rights clause” is a provision in any Equity agreement requiring

the contract producer to make bona fide offers, or payments in lieu thereof, to Actors who appear in a production.

(2) In the event that a production is immediately converted to a contract production containing a Subsidiary Rights clause, or in the event of a contract production is converted within the time period specified in the applicable Subsidiary Rights clause of a property which has been performed or rehearsed under this Agreement, then

(a) All original participants who performed in the first paid public performance shall receive a bona fide offer in writing with a copy to AEA to perform their identical function, or payments in lieu thereof, as set forth in the applicable Subsidiary Rights clause prevailing at the time of the contract production.

(b) When more than one Actor has performed the identical function in the production and no such Actor receives a bona fide offer to perform such function in the production then all Actors who performed said function will share in such monies. All payments due hereunder shall be made to AEA for distribution among this Agreement Actors in such proportion, as AEA finds appropriate.

(c) In cases where there is a transfer to LORT, payments due hereunder shall be made to the Equity/LORT Subsidiary Rights Trust Fund, which shall distribute the monies among the original Actors, where such is due.

(d) Except as outlined in Section 26(C) below, in the event that the Producer notifies subsequent producing interests and AEA, in writing, of the production, the Producer shall have no further obligation under this provision.

(3) Equity-LORT Subsidiary Rights Trust Fund. (a) An Equity-LORT (League of Resident Theatres) Subsidiary Rights Trust

Fund (“Fund”) has been established to meet the obligation to Actors in connection with a subsequent production of the play at those theatres operating under the LORT contract. The Producer shall contribute $150 for each new play, to a maximum of $350 per season (July 1 to June 30) to said Fund. Said contribution hereby satisfies the Producer’s obligation in connection with the subsequent presentation of a play at a LORT Theatre. Contributions are held and administered by the Fund, which is independent of AEA. There is currently a freeze on payments into the Fund. Ample notice will be given should the need for Producer contributions become necessary.

(b) In the event that there has been a prior production of the above captioned play, the obligation of the Producer hereunder to Actors referred to in the preceding paragraph shall only be covered by the Fund after the expiration of the period during which the preceding Producer is covered by the Fund. To the extent that: (a) the period of the Producer’s coverage by the Fund accordingly is diminished and (b) the Producer hereby agrees to contribute to the Fund a pro- rata share of the $150 fee, the precise amount to be determined by Equity. If the Producer’s coverage by the Fund is diminished as a result of one or more prior productions, Producer’s contribution to the Fund nonetheless shall not be pro-rated.

(c) Payment by certified check or money order must be received prior to issuance of this Agreement by AEA.

(C) Conversion of Revivals. (1) In the case of a production of a revival (of a property previously produced

under an AEA contract), the provisions of Section 26(B) apply if the subsequent contract production results from the production.

(2) In the event of dispute as to this Agreement origins of a contract production the final determination shall be made by AEA.

(3) Where the contract production following a 99-seat production of a revival is a production under the LORT agreement, then neither the Producer nor the LORT Producer shall have any obligation to make conversion payments, anything to the contrary in this Agreement notwithstanding.

(D) Conversion to Subsequent 99 Seat Agreement. (1) Should the Producer, or any entity which the Producer controls or directs or

in which the Producer has a financial interest, participate in the production of the play under terms of a subsequent Los Angeles 99-Seat Theatre Agreement contract within 18 months of the close of the production, the Producer shall make a bona fide offer to any Actor who was originally engaged hereunder and who actually performed in the Production to continue in the same role or function in which the Actor appeared. Producer shall pay to any Actor not receiving a bona fide offer an amount equal to three times the Actor’s average weekly salary under the previous Los Angeles 99-Seat Theatre Agreement contract. When more than one Actor has performed the identical function in the production and no such Actor receives a bona fide offer to perform such function in the production then all Actors who performed said function will share in such monies. All payments due hereunder shall be made to AEA for distribution among the Actors in such proportion as AEA finds appropriate.

(E) Conversion to Other Media. (1) In the event a property rehearsed or performed under this Agreement is

subsequently produced in another medium (e.g. motion picture, television, videotape) whether now existing or developed in the future (“Other Media”), and the disposition of the rights for such Other Media production is made within four years from the close of the Production regardless of when such other media is actually produced, the Producer agrees that up to a maximum of 50% of Producer’s total proceeds from subsequent exploitation of the property shall be used exclusively to reimburse each Actor and Stage Manager until an amount equal to five weeks salary under the Production Contract is paid (at applicable rate at time of the disposition of those rights), except that said five weeks Production Contract salary shall be reduced, in the event of a contract production following the Production and before the other media production, by the amounts paid by the contract Producer pursuant to the Subsidiary Rights clause applicable to such contract production (or, if an Actor or Stage Manager had received a bona fide offer

to perform in such contract production, the amount the participant would have received in payments in lieu had he not received such offer).

(2) Proceeds from subsequent exploitation” means proceeds from any and all exploitation of the property in any media throughout the world in which the Producer or his financial backers are entitled to share, including but not limited to Other Media, contract productions, other stage productions and any and all other exploitation generally known as “Subsidiary Rights”.

(3) In the event that the Production participants are engaged to perform their identical function in another media, according to terms approved by AEA, the Producer shall no longer be liable under this provision.

(4) The Producer shall be responsible for notifying Equity in writing, of any disposition of the rights for such other media production within 30 days of said disposition. Failure to provide Equity with the aforesaid timely notification of the disposition of media rights shall render the Producer liable for breach payments of two weeks Production Contract salary at applicable rate at the time of the disposition of those rights to each Actor, Stage Manager, and Understudy in addition all other monies required hereunder.

(F) Payments. (1) Other Media conversion payments shall be due upon receipt of proceeds by

the Producer and shall be payable to AEA, to be held in escrow, to be distributed to the participants.

(2) Actors acknowledge that union dues, including delinquent dues, may be deducted from conversion payments.

27. SAFE & SANITARY CONDITIONS All facilities must be in accord with current applicable municipal fire safety and health laws and shall also conform to all Safe and Sanitary conditions set forth in this Section.

(A) Restrooms must be maintained and kept clean. (B) A restroom and back entrance will be available exclusively for Actors’ use. (C) Private indoor changing areas must be provided. (D) Drinking water must be provided. (E) The backstage area must be kept hazard free and luminous tape or adequate

lighting must be used. (F) A valuables lock-up will be provided. (G) Actors shall not perform on any surface deemed by Equity to be unsafe. (H) Smoke, fog and raked stages may only be used after applying to Equity for

permission.

(1) Further, any unusual or extraordinary circumstances involving, but not limited to pyrotechnic effects, firearms/weaponry or flying may be used only with permission from Equity.

(2) Allergies or sensitivities that may be exacerbated by the use of smoke, fog, food, fabric, fragrances or any other type of irritant should be reported to the Producer, who shall make the necessary adjustments to ensure a safe working environment.

(I) A First Aid kit will be accessible to the Stage Manager and cast at all times. (J) Parking will be available at no cost to the Actors during both rehearsals and

performances.

28. SEVERABILITY Each and every clause of this contract shall be deemed severable from each and every other clause of this contract. In the event that any clause(s) shall be determined finally to be in violation of any law, only the said clause(s) shall be deemed of no force and effect, and then only to the extent that any may be in violation. Should such a determination occur, it will not impair the validity and enforceability of the rest of the contract, including any and all provisions in the remainder of any clause, sentence or paragraph in which the offending language may appear.

29. STAGE FIGHTING Any staged fights (including but not limited to slaps, kicks, punches, faints, falls or any use of weaponry) will require the participation of a qualified fight captain.

Extended fight scenes or scenes requiring the use of weaponry may require a fight coordinator when staged.

There must be a fight rehearsal with all Actors involved, including the Stage Manager and fight captain, immediately prior to the half-hour of each performance of said production.

30. STAGE MANAGERS (See also Rule 22(A)) (A) Definition: The Stage Manager shall be obligated to perform, at least, the following

duties for the production to which the Stage Manager is engaged and by performing them is hereby defined as a Stage Manager:

(B) Duties (1) Shall be responsible for the calling of all rehearsals scheduled by the director

in accordance with the rules and regulations of Equity. (2) Shall assemble and maintain the promptbook, which is defined as the

accurate playing text of stage business, together with such cue sheets, daily records, etc., as are necessary for the actual technical and artistic operation of the production.

(3) Shall ensure the technical running of each performance, as well as maintaining artistic discipline during rehearsals and performance.

(4) The Stage Manager shall not be required to perform any duties not normally regarded as a function of that position.

31. TERM OF AGREEMENT This Agreement shall be effective as of April 1, 2019 and shall remain in full force and effect until June 28, 2020.

32. TERMINATION Any notice of termination by the producer shall be no less than two weeks. No Actor may be terminated except for Just Cause.