This section is from the book "The Law Of Contracts", by William Herbert Page. Also available from Amazon: Commercial Contracts: A Practical Guide to Deals, Contracts, Agreements and Promises.
I. The party of the first part hereby engages the party of the second part as act---------for the season of the play---------, to commence on or about the--------day of---------, 19-, at a salary of $---------, to be paid each week -he publicly appears and performs.
II. The party of the second part hereby accepts such engagement and agrees to serve to the satisfaction of the party of the first part in said capacity, at such theatres, places of amusement, opera houses or halls and at such times as may be required by the first party, playing the part for which - he may be cast in a correct and painstaking manner, paying strict attention as to "make-up" and the proper dressing of the character assigned and as directed by the first party; the number of performances to be given in any week to be as determined in the discretion of the party of the first part. The party of the second part agrees to furnish tights, shoes and wigs according to instructions of the party of the first part.
III. It is agreed that if performances be given during Holy Week or the Week before Christmas, only half salary is to be paid for such week or weeks.
IV. The party of the second part agrees that at any time prior to the opening of the season (that is to say before the public performances have begun), this contract may be terminated without notice by the party of the first part.
V. It is mutually agreed that the engagement may be terminated by either party after the season of the play shall have commenced, upon one week's notice in writing to the other party of intention so to do, without assigning any reason or cause for such intention.
VI. The party of the first part agrees to pay the transportation of the party of the second part while the Company is on the road, and also to carry --------baggage up to two hundred pounds weight. If the baggage of the party of the second part shall exceed such weight, the party of the first part may advance the amount of any excess charge made by the transportation company, and shall have the right to deduct such advance from the salary of the party of the second part at the end of the week then current. Transportation does not include sleeping or parlor car fare, nor expense of carriage or stage hire, to and from hotel, station or theatre.
VII. If for any reason whatsoever the party of the first part shall be unable to give a contemplated performance, or if the party of the second part shall be unable to appear at any performance on account of sickness, or for any other reason, or if the Company shall be laid off and not play, then and in any such event, the party of the first part may deduct from the salary of the party of the second part such proportionate part of the latter's salary as the day or days so lost may bear to the whole week. It is mutually agreed that the party of the first part may lay off the Company at such times and for such periods as to it or its managers may seem advisable, and that at such times and for such periods, no salary shall be paid to the party of the second part hereunder.
VIII. It is agreed that the party of the first part shall have the right to make such rules and regulations as it may deem necessary and proper for the conduct and management of its rehearsals and performances, and the party of the second part agrees to obey all such rules and regulations, and to obey all orders and directions of the representatives of the party of the first part, and to be promptly on hand at all rehearsals which' the party of the first part may call, and at railroad stations on the departure of the Company, and to travel with the Company by such routes and conveyances as the party of the first part may select; and it is specifically understood and agreed that for any breach of this agreement in any of its particulars, or any insolent treatment of or disobedience to the orders of the representatives of the party of the first part, or any violations of its rules, the party of the first part shall have the right immediately to terminate the engagement of the party of the second part, paying the latter party's salary pro rata up to the time of such termination. Party of the second part shall attend and render --------- services at all rehearsals before and during the season for which no salary or compensation shall be paid.
IX. The party of the second part specifically agrees to give to the party of the first part during the continuance of this agreement --------- exclusive services. Party of the second part must furnish photographs for newspaper use.
X. If the engagement shall be terminated on one week's notice by the party of the first part, it agrees to pay the railroad fare to New York of the party of the second part; if it is terminated upon such notice by the party of the second part, said party of the second part agrees to pay to the party of the first part the railroad expense of a successor in joining the Company, and further to pay --------- own expenses from the place at which the engagement shall so terminate.
XI. It is admitted and agreed that no other, further or additional agreement, save as herein contained, either oral or in writing, exists between the parties hereto, and that this agreement can not be modified or changed in any particular except in writing signed by the parties hereto.
XII. The parties hereto, in consideration of said employment and hiring and of the mutual promises aforesaid, finally agree, for their mutual benefit and protection, that in the event of this agreement being terminated any dispute shall arise between them in respect to salary or a claim to salary, and the same can not be amicably adjusted between themselves, that in that event such dispute shall be submitted and referred to the award and determination of three arbitrators, who shall be chosen before entering into the subject matter of such arbitration, from among persons engaged in the theatrical profession, one by each of the parties hereto, and a third by the parties so selected, and the decision and award of any two of the three arbitrators in writing shall be final and binding between the parties hereto as to the questions aforesaid, and shall be carried out and performed by them.
XIII. It is agreed by the party of the second part that any specialty, lines or business introduced into the play by said party of the second part shall at the option of the party of the first part thereafter become a part of the play, and the sole property of the first party.
XIV. It is agreed that the party of the first part shall pay transportation to the opening point of the season, and that the party of the second part shall pay--------- own transportation from the closing point.
XV. It is understood and agreed that in the event that the party of the first part shall decide to give Sunday concerts or performances, where permitted, such concerts or performances shall be considered part of the regular weekly series and the party of the second part shall render services thereat without extra compensation.
XVI. It is further understood and agreed that party of the first part will not advance any money to the party of the second part any time prior to the opening of the season.
In witness whereof, etc.
For liability for Interference with contract, see Sec. 2423 et seq. For injunction as a remedy, see Sec. 3392.