16. The Actor agrees to be prompt at rehearsals, to pay strict regard to make-up and dress, to perform his services in a competent and painstaking manner, to abide by all reasonable rules and regulations, and to render services exclusively to the Manager from the date of beginning of rehearsals, and shall not render services to any other person, firm or corporation, without the consent of the Manager.
17. All communications which refer to the
Company in general shall be posted upon the call-board. Notice to the Manager must be given to him personally or to his representatives.
18. In event any dispute shall arise between the parties as to any matter or thing covered by this contract, then said dispute or claim shall be arbitrated. The Manager shall choose one arbitrator and the Actors' Equity Association the second. If within three days these arbitrators shall not be able to agree, then within that time they shall choose a third, who shall not in any way be connected with the Theatrical Profession.
If they fail to do so,............................, or his appointee, shall be the third. The arbitrator shall hear the parties and within ten days decide the dispute or claim.
The decision of a majority of said arbitrators shall be the decision of all, and shall be binding; said decision shall be final.
The arbitrators shall determine by whom and in what proportion the cost of the arbitration shall be paid. The parties hereby appoint said Board its agents, with full power to finally settle said dispute or claim, and agree that its decision shall constitute an agreement between them, having the same binding force as if agreed to by the parties themselves.
Should suit be brought before the selection of arbitrators, the party sued may at any time after suit and before trial give notice to arbitrate, and then in such case arbitration must be chosen as stated hereinabove.
The parties hereto shall pay the arbitrators respectively selected by them, and they shall bear equally the expense of the arbitration and the umpire.
Contract between Producer and Actor
Williston - Section 413, 850n., 1015,1450,1940,1980;
Morrison v. Hurtig & Seamon, 198 352, 91 N. E. 842.
....................hereinafter described as the Producer and........................hereinafter described as the
That in consideration of the covenants and agreements hereinafter contained, the parties agree as follows:
1. The Producer hereby employs the Actor to perform in any parts which he may be cast for, in any musical comedy or farce to be produced within the United States or elsewhere, for the term of.........theatrical seasons, commencing on or about............
2. The Actor agrees to enter into the employment of the Producer, and covenants that he will attend and take part in all rehearsals called by the Producer, that he will pay strict regard to make-up in the dressing of characters, and will attend and take part in all performances given by the Producer during the term of this agreement,........each evening of the week, whenever called upon so to perform, and on such afternoons as may be designated by the Producer for matinee performances, including the afternoons of all holidays.
3. The Actor further agrees to abide by and conform to all the rules and regulations of the Producer now made or hereafter to be made and to pay all and every forfeits which may be fixed by the Producer for any breach of such rules.
4. The Actor agrees that inasmuch as his performances are special, unique and of an extraordinary character, and since it would be impossible easily to replace him, that he will not appear or perform at any other theatre or place of amusement, or for any other person or persons, except the Producer, anywhere during the term or period fixed by this agreement or any extension thereof, without the consent in writing of the Producer had and obtained, and that, upon a breach or violation of this condition or covenant, the Producer shall be entitled as a matter of right, and without notice, to an injunction to be issued by any court of competent jurisdiction, to restrain the Actor from a violation thereof, or from appearing or performing for any other person, firm or corporation except the Producer.
5. The Actor agrees to furnish at his own expense, all necessary costumes, wigs, shoes, boots, tights, stockings and gloves, in and about his performances.
6. The Actor agrees that he will not be or become interested in any theatrical business, or venture, without the consent in writing of the Producer during the continuance of this contract.
7. The Producer agrees to pay to the Actor..........
dollars each and every week, during which performances shall be actually had; and for the season of........, the Producer agrees to pay to the Actor jointly the sum of...............
dollars each and every week, during which performances shall be actually had. No salary, however, shall be paid for any rehearsals for performances which shall be prevented by accident or other unavoidable or necessary lay-offs, or for performances in which the Actor shall not participate.
8. It is agreed that the Producer will pay the fares of the Actor on to the opening stand and back to New York City.
9. It is also agreed that..........is to have the star dressing room and alone.
10. It is agreed that in the event of the Actor committing a breach of this agreement or becoming intoxicated or committing a breach of any of the rules and regulations of the Producer, the Producer shall be entitled forthwith to terminate this agreement.