Williston, Sections 850n., 1015, 1450.
Broughton v. Kalich, 185 N. Y. Supp. 318.
Agreement made between......................(hereinafter called Manager) and..............(hereinafter called Actor):
1. The Manager engages the Actor to render services in
......., as........., upon the terms herein set forth, and the actor hereby accepts such engagement on the following terms: (Here state the name of the part and of the play in which the actor is to appear; also, if he is to be required to understudy). Opening date.
2. The date of the first public performance shall be about ........or not later than fourteen days thereafter.
3. The Manager agrees, as compensation for services hereunder, to pay the Actor $.......every week from the date of the first public performance of the play.
4. The Actor, if required, shall give four weeks' rehearsal without pay; if further rehearsals are required, then for each additional week, or part thereof, the Manager shall pay the Actor, on Saturday of that week, at the rate of one-half of the salary mentioned in paragraph 3. Rehearsals shall be considered to be continuous from the date of the first rehearsal to the date of the first public performance of the play as provided in paragraph 2.
(If the above play is a musical play or a spectacular production, then, wherever the word "four" appears in this paragraph the word "six" shall be substituted.)
5. This contract may, during rehearsals, be terminated, as follows: a. At any time during the first ten days' rehearsals of the company, by either party, by giving written notice, if this contract be signed and entered into within two months of the date mentioned in paragraph 2; or b. Any time after the first ten days' rehearsals, by the Manager, by paying the Actor a sum equal to two weeks' salary; or c. By the Manager giving written notice and paying to the Actor two weeks' salary, unless the Manager shall have previously notified the Actor that the play will not be produced or that the Actor will not be called for rehearsal: Provided, further, that the Actor has secured another engagement at a salary not less than herein provided, payments under which are to begin not later than the date of the first public performance herein provided. In these events, the Manager shall not pay said sum equal to two weeks' salary, nor shall he do so if, under similar circumstances, the Actor secures an engagement at a lesser salary to be paid prior to the date mentioned in paragraph 2; in that event the Manager shall pay the difference between the sum equal to two weeks' salary and the sum which the Actor would receive for two weeks' work.
6. Either party may terminate this 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.
d. The Actor may cancel the contract by giving written notice and paying to the Manager a sum equal to two weeks' salary.
7. a. If the play runs four weeks or less, the Manager may close the play and company without notice, and terminate the right of the Actor to further compensation: Provided he has paid the
Notice of termination during rehearsals