Employment Contract of Actor for Play

Employment Contract of Actor for the Run of a Play Incorporating Union Rules

Employment Agreement made on the , between

of , referred to herein as Manager, and , of

, referred to herein as Actor, a member in good standing of , hereinafter called Union.

1. Employment of Actor. Manager hereby engages Actor to play the part of in the play named , and Actor accepts such employment on the terms set forth in this Agreement.

2. Term. The term of employment under and pursuant to this Agreement shall be the run of the play now called (the Play) during the season, which season is the period between and the evening performance on .

3. Opening Date and Rehearsals

A. The first public performance of shall be on , or no later than days after such date.

B. Actor shall begin employment under this Agreement at the beginning of rehearsals, which shall commence on a date not earlier than weeks prior to the date of the first public performance of the Play as specified above.

4. Continuous Employment. Continuous employment of Actor is of the essence of this Agreement. The calculation of all sums due or benefits accruing to Actor pursuant to this Agreement shall be made on the basis of continuous employment, and Manager guarantees that under this Agreement, Actor will have weeks' continuous employment, beginning on the date of the first public performance, as specified in Section 3 of this Agreement.

5. Compensation. In consideration of Actor's services under and pursuant to this Agreement, Manager shall pay Actor, on of each week, commencing with the date of the first public performance as specified in Section 3 above, or on the first day on which the Play is actually performed and any admission fee is charged, whichever is earlier, $ each week during the run of the Play, until this Agreement is terminated.

6. Rehearsal Expenses and other Payments. In addition to the compensation set forth in Section 5 of this Agreement, Manager shall pay Actor rehearsal expenses and all other sums agreed to be paid or required to be paid by the applicable Union rules.

7. Reduction in Compensation. No reduction of the compensation to be paid to Actor under and pursuant to this Agreement shall be binding on Actor without the prior, express, and written consent of Union.

8. Compensation on Termination. If the run of the play terminates before , this Agreement shall automatically terminate, and Manager shall pay Actor promptly for all services already rendered by him, and all other sums to which Actor is or may be entitled pursuant to this or Union's rules.

9. Rule of Union

A. Manager has notice that Actor is a member of Union and must obey its rules, and has notice of all such Union's rules applicable to the standard run-of-the-play contract. Manager shall abide by such rules and shall require Actor to do so.

B. Manager covenants that at all times all members of all his theatre companies shall be members in good standing of Union and that Manager shall not require Actor to work in any company unless all members of such company are members in good standing of Union and unless Manager has fully performed and is fully performing all the terms of the employment contracts entered into or to be entered into during the term of this Agreement with all the members of all the companies operated by Manager.

C. No riders, changes, or alterations of this Agreement shall be made or agreed to by Manager and Actor without the prior, express, and written consent of Union.

D. The Union rules attached hereto as Exhibit A are made a part of this Agreement as though set out in full in this Agreement, and no rule may be waived or changed without the prior, express, and written consent of Union.

10. Severability. The invalidity of any portion of this Agreement will not and shall not be deemed to affect the validity of any other provision. If any provision of this Agreement is held to be invalid, the parties agree that the remaining provisions shall be deemed to be in full force and effect as if they had been executed by both parties subsequent to the expungement of the invalid provision.

11. No Waiver. The failure of either party to this Agreement to insist upon the performance of any of the terms and conditions of this Agreement, or the waiver of any breach of any of the terms and conditions of this Agreement, shall not be construed as subsequently waiving any such terms and conditions, but the same shall continue and remain in full force and effect as if no such forbearance or waiver had occurred.

12. Governing Law. This Agreement shall be governed by, construed, and enforced in accordance with the laws of the State of .

13. Notices. Unless provided herein to the contrary, any notice provided for or concerning this Agreement shall be in writing and shall be deemed sufficiently given when sent by certified or registered mail if sent to the respective address of each party as set forth at the beginning of this Agreement.

14. Attorney’s Fees. In the event that any lawsuit is filed in relation to this Agreement, the unsuccessful party in the action shall pay to the successful party, in addition to all the sums that either party may be called on to pay, a reasonable sum for the successful party's attorney fees.

15. Mandatory Arbitration. Notwithstanding the foregoing, and anything herein to the contrary, any dispute under this Agreement shall be required to be resolved by binding arbitration of the parties hereto. If the parties cannot agree on an arbitrator, each party shall select one arbitrator and both arbitrators shall then select a third. The third arbitrator so selected shall arbitrate said dispute. The arbitration shall be governed by the rules of the American Arbitration Association then in force and effect.

16. Entire Agreement. This Agreement shall constitute the entire agreement between the parties and any prior understanding or representation of any kind preceding the date of this Agreement shall not be binding upon either party except to the extent incorporated in this Agreement.

17. Modification of Agreement. Any modification of this Agreement or additional obligation assumed by either party in connection with this Agreement shall be binding only if placed in writing and signed by each party or an authorized representative of each party.

18. Assignment of Rights. The rights of each party under this Agreement are personal to that party and may not be assigned or transferred to any other person, firm, corporation, or other entity without the prior, express, and written consent of the other party.

19. Counterparts

This Agreement may be executed in any number of counterparts, each of which shall be deemed to be an original, but all of which together shall constitute but one and the same instrument.

20. Compliance with Laws

In performing under this Agreement, all applicable governmental laws, regulations, orders, and other rules of duly-constituted authority will be followed and complied with in all respects by both parties.

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