Fill and Sign the Stage Manager Contract Template Form

Stage Manager or Assistant's Contract Employment agreement made       , between (date)       , a corporation organized (Name of Employer) and existing under the laws of the state of       , with its principal (name of state) office located at       , (street address, city, state, zip code) referred to herein as Employer, and       , (Name of Employee) of       , (street address, city, state, zip code) referred to herein as       . ( Employee or Stage Manager) Whereas, Employer is engaged in the production and presentation of: (describe in detail)       and desires to secure the professional services of the Stage Manager , and the Stage Manager desires to render such services to the Employer, upon the terms and conditions herein provided; Now, therefore, for and in consideration of the mutual covenants contained in this Agreement, and other good and valuable consideration, the parties agree as follows: I. EMPLOYMENT A. Employer employs, engages, and hires Employee as a stage manager to perform the duties described in Exhibit A attached hereto and made a part hereof and initialled by both parties. Employee hereby accepts and agrees to such hiring, engagement, and employment, subject to the general supervision and pursuant to the orders, advice, and direction of Employer. B. Employee shall perform such other duties as are customarily performed by one holding such position in other, same, or similar businesses or enterprises as that engaged in by Employer, and shall also additionally render such other and unrelated services and duties as may be assigned to him/her from time to time by Employer. II. BEST EFFORTS OF EMPLOYEE. Employee agrees that he/she will at all times faithfully, industriously, and to the best of his/her ability, experience, and talents, perform all of the duties that may be required of and from him/her pursuant to the express and implicit terms of this agreement, to the reasonable satisfaction of Employer. Such duties shall be rendered at: Stage Manager or Assistant's Contract Page 1 of 4       , (address of employment) and at such other place or places as Employer shall in good faith require or as the interest, needs, business, or opportunity of Employer shall require. III. Compensation. A. Employer engages the Stage Manager to render services as a Stage Manager for the period of       consecutive       beginning on       . (number) (e.g., weeks or months) (date) For such services Stage Manager shall be paid $       weekly . Employer will pay Employee's reasonable airline fare, hotel bills, and other necessary and proper expenses when traveling on Employer's business outside the city of       . (name of city) B. Options. Employer shall have the option to engage the Stage Manager to render further services for a period of       consecutive weeks, beginning immediately after (number) the completion of the employment set forth in the preceding sub-paragraph (or not later than two weeks thereafter), of which       weeks shall be performance weeks and (number)       weeks shall be rehearsal weeks. This option may be exercised by the Employer (number) only by delivering a notice in writing to the Stage Manager at least two weeks prior to the completion of the employment set forth in the preceding sub-paragraph. VI. OTHER EMPLOYMENT. Employee shall devote all of his/her time, attention, knowledge, and skills solely to the business and interest of Employer, and Employer shall be entitled to all of the benefits, profits, or other issues arising from or incident to all work, services, and advice of Employee. VII. EMPLOYEE'S INABILITY TO CONTRACT FOR EMPLOYER . In spite of anything contained in this Agreement to the contrary, Employee shall not have the right to make any contracts or commitments for or on behalf of Employer without first obtaining the express written consent of Employer. VIII. AGREEMENTS OUTSIDE OF CONTRACT. This Agreement contains the complete Agreement concerning the employment arrangement between the parties and shall, as of the effective date of this Agreement, supersede all other agreements between the parties. The parties stipulate that neither of them has made any representation with respect to the subject matter of this Agreement or any representations including the execution and delivery of this Agreement except such representations as are specifically set forth in this Agreement, and each of the parties acknowledges that the party has relied on its own judgment in entering into this Agreement. The parties further acknowledge that any payments or representations that may have been made by either of them to the other prior to the date of executing this Agreement are of no effect and that neither of them has relied on such payments or representations in connection with the party's dealings with the other. IX. VACATION. Employee shall be entitled to       days of paid vacation each year (number) Stage Manager or Assistant's Contract Page 2 of 4 during the term of this Agreement, the time for such vacation to be determined by mutual Agreement between Employer and Employee. X. 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 evidenced in writing signed by each party or an authorized representative of each party. XI. TERMINATION A. This Agreement may be terminated by either party on       days written notice (number) to the other. If Employer shall so terminate this Agreement, Employee shall be entitled to compensation for       days. (number) B. In the event of any violation by Employee of any of the terms of this Agreement, Employer may terminate employment without notice and with compensation to Employee only to the date of such termination. C. It is further agreed that any breach or evasion of any of the terms of this Agreement by either party will result in immediate and irreparable injury to the other party and will authorize recourse to injunction and or specific performance as well as to all other legal or equitable remedies to which such injured party may be entitled under this Agreement. XII. 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. XIII. 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. XIV. Governing Law. This Agreement shall be governed by, construed, and enforced in accordance with the laws of the State of       . (name of state) XV. 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. XVI. 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. Stage Manager or Assistant's Contract Page 3 of 4 XVII. Mandatory Arbitration. 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. XVIII. 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. XIX. 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. WITNESS our signatures as of the day and date first above stated. (Name of Employee) (Name of Employer) By: (Signature of Employee) (Signature)       (Printed Name of Officer Signing)       (Office in Corporation) Stage Manager or Assistant's Contract Page 4 of 4 EXHIBIT A Stage Manager shall: 1. Be responsible for the calling of all rehearsals, whether before or after opening; Assemble and maintain the Prompt Book which is defined as the accurate playing text and stage business, together with such cue sheets, plots, daily records, etc., as are necessary for the actual technical and artistic operation of the production; 2. Shall work with the Director and the heads of all other departments, during rehearsal and after opening, schedule rehearsal and outside calls; 3. Assume active responsibility for the form and discipline of rehearsal and performance, and be the executive instrument on the technical running of each performance; 4. Maintain the artistic intentions of the Director and the Producer after opening, to the best of his/her ability, including calling correctional rehearsals of the company when necessary and preparation of the Understudies, Replacements, Extras and Supers, when and if the Director and/or Producer declines this prerogative. Therefore, if an Actor finds him/herself unable to satisfactorily work out an artistic difference of opinion with the Stage Manager regarding the intentions of the Director and Producer, the Actor has the option of seeking clarification from the Director or Producer; 5. Keep such records as are necessary to advise the Producer on matters of attendance, time health benefits or other matters relating to the rights of employees; and 6. Maintain discipline where required. Employer:       Stage Manager :       (initials) (initials) Stage Manager or Assistant's Contract EXHIBIT A