COST - Rulebook - 15-19 4.19.16

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Actors’ Equity Association

AGREEMENT AND RULES


GOVERNING EMPLOYMENT
IN
NON-RESIDENT DRAMATIC STOCK
(C.O.S.T.)

Effective Date: December 28, 2015


Expiration Date: December 29, 2019

NATIONAL OFFICE HOLLYWOOD OFFICE


165 West 46th Street 5636 Tujunga Ave
New York, NY 10036 North Hollywood, CA 91601
(212) 869-8530 phone (323) 978-8080 phone
(212) 719-9815 fax (323) 978-8081 fax

CHICAGO OFFICE ORLANDO OFFICE


557 West Randolph Street 10319 Orangewood Boulevard
Chicago, IL 60661 Orlando, FL 32821
(312) 641-0393 phone (407) 345-8600 phone
(312) 641-6365 fax (407) 345-1522 fax

www.actorsequity.org
TABLE OF CONTENTS

1. ACTOR’S OBLIGATION TO EQUITY ........................................................................... 1


2. AGENTS ........................................................................................................................ 1
3. ARBITRATION .............................................................................................................. 2
4. AUDITIONS AND INTERVIEWS ................................................................................... 4
5. BINDING EFFECT OF AGREEMENT ......................................................................... 11
6. BLACKLISTING .......................................................................................................... 11
7. BREACHES BY PRODUCER ..................................................................................... 12
8. CALLBOARD .............................................................................................................. 12
9. CHANGES IN CAST.................................................................................................... 13
10. CHORUS ..................................................................................................................... 13
11. CLAIMS ....................................................................................................................... 15
12. CLOSING SEASON OR UNIT TOUR.......................................................................... 16
13. CLOTHING AND COSTUMES .................................................................................... 16
14. CONTINUOUS EMPLOYMENT................................................................................... 20
15. CONTRACT ................................................................................................................. 20
16. CROSS-CONTRACTUAL PRODUCTION AND JOBBING TOURS............................ 21
17. DANCE CAPTAINS ..................................................................................................... 21
18. DAYLIGHT DAY OF REST, FULL DAY OFF, AND OTHER REST PERIODS ........... 22
19. DEFAULTING EMPLOYERS ...................................................................................... 23
20. DEFINITIONS .............................................................................................................. 23
21. DEPUTIES ................................................................................................................... 25
22. DISCRIMINATION FOR UNION ACTIVITY ................................................................. 25
23. DUTIES OF THE ACTOR ............................................................................................ 26
24. EQUAL EMPLOYMENT OPPORTUNITY, NON-DISCRIMINATION, AND NON-
TRADITIONAL CASTING ........................................................................................... 27 
25. EQUITY: SPECIAL PROVISIONS............................................................................... 29
26. EXCLUSIVE SERVICE OF THE ACTOR .................................................................... 30
27. 401(k) PLAN DEFERRAL ........................................................................................... 30
28. HEALTH FUND ........................................................................................................... 30
29. HOUSING AND LOCAL TRANSPORTATION ............................................................ 31
30. ILLNESS AND SICK LEAVE ...................................................................................... 34
31. INJURY AND SUPPLEMENTAL WORKERS’ COMPENSATION INSURANCE ........ 34
32. LAWS GOVERNING ................................................................................................... 35
33. MEDIA: RECORDING AND BROADCAST ................................................................. 35
34. MILITARY SERVICE OF THE ACTOR ....................................................................... 39
35. MINOR-AGE ACTORS ................................................................................................ 39
36. NO LOCKOUTS OR STRIKES.................................................................................... 40
37. NON-DISCRIMINATION .............................................................................................. 28
38. NON-PROFESSIONALS ............................................................................................. 40
39. NON-RESIDENT ALIENS ........................................................................................... 44
40. NUDITY ....................................................................................................................... 44
41. PENSION FUND .......................................................................................................... 44
42. PERFORMANCES ...................................................................................................... 45
43. PERFORMANCES LOST ............................................................................................ 46

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44. PHOTOGRAPHS, INTERVIEWS AND PERSONAL APPEARANCES ....................... 47
45. PRODUCTION PROSECUTED ................................................................................... 48
46. PROGRAMS AND ANNOUNCEMENTS ..................................................................... 49
47. PROPERTY ................................................................................................................. 50
48. RECORDINGS FOR USE IN THE PRODUCTION ...................................................... 51
49. REHEARSALS ............................................................................................................ 51
50. REPORTS ................................................................................................................... 57
51. SAFE AND SANITARY PLACES OF EMPLOYMENT ................................................ 58
52. SALARIES ................................................................................................................... 62
53. SECURITY AND SECURITY AGREEMENT ............................................................... 66
54. SET MOVES ................................................................................................................ 67
55. SOCIAL SECURITY AND UNEMPLOYMENT INSURANCE ...................................... 68
56. STAGE FIGHTING ...................................................................................................... 69
57. STAGE MANAGERS................................................................................................... 70
58. SUBSIDIARY RIGHTS ................................................................................................ 74
59. TERM RIDER .............................................................................................................. 74
60. TERMINATION ............................................................................................................ 75
61. TRANSPORTATION AND BAGGAGE ....................................................................... 77
62. UNDERSTUDIES......................................................................................................... 82
63. UNION EMBLEM ......................................................................................................... 83
64. UNION SECURITY, DUES AND INITIATION FEES ................................................... 84
65. VACATIONS ................................................................................................................ 84
66. VOLUNTARY CLASSES ............................................................................................. 85
67. VOTING BY EQUITY COMPANY MEMBERS ............................................................ 85
68. WORK WEEK AND OVERTIME ................................................................................. 85

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AGREEMENT made between Actors’ Equity Association (hereinafter called “AEA” or “Equity”) and
the Council of Stock Theatres (hereinafter called “COST” or “Producer”). This Agreement is restricted
to use by theatres with a seating capacity of less than 1800, except with the express permission of
Actors' Equity Association.
RECOGNITION
The Producer agrees to recognize Equity as the exclusive representative of all Actors, Advance
Stage Managers, Stage Managers, and Assistant Stage Managers employed by the Producer, for the
purpose of collective bargaining and the administration of matters within the scope of this Agreement.
RULES GOVERNING EMPLOYMENT

1. ACTOR’S OBLIGATION TO EQUITY


(A) Nothing contained in any employment contract signed by any Actor shall be construed so as
to interfere with the carrying out of any obligation, which an Equity member owes to Equity by
virtue of the Actor’s membership in Equity. Not only shall the Producer not request or require any
member to do any act or thing forbidden by the Constitution and By-Laws of Equity or by the
rules or orders of Equity, but will require the Actor to do and/or assent to the Actor doing any and
all acts required by the foregoing.
(B) The Producer further agrees that he has notice:
(1) That the Associated Actors and Artistes of America is a voluntary Association hereinafter
referred to as 4A's and is subject to the Constitution, By-Laws, rules, regulations and orders of
the American Federation of Labor-Congress of Industrial Organizations from which it derives
its charter.
(2) That Equity deriving its charter from the 4A's is in turn subject to the Constitution, By-
Laws, orders, rules and regulations of the 4A's and the American Federation of Labor-
Congress of Industrial Organizations.
(3) That the Actor is directly subject to the Constitution, By-Laws, rules, regulations and
orders of the 4A's and the Producer agrees that he will not require the Actor to do any act or
thing forbidden by the Constitution and By-Laws of the 4A's or by its rules and regulations.
This Agreement and all contracts of employment shall be subject to all such rules and regulations.

2. AGENTS
(A) Equity Franchise Required. The Producer has notice that if the negotiation for, or the
obtaining of a contract of employment by the Actor is through any employment agent or personal
representative not holding an Equity Franchise, or one whose permit is not in good standing, the
Actor is liable to suspension or other disciplinary action by Equity.
(B) Commissions. Should the Producer contact the Actor directly and agree with him as to the
salary and part, the Producer shall not directly or indirectly require an Agent to intervene to
complete the engagement or require the Actor to sign the contract at or through an Agent's office.
Any such Agent so engaged does not represent the Actor and should such Agent make a claim

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for commission, the Actor will notify the Producer accordingly, and the Producer agrees to
indemnify the Actor and hold him harmless from any such claim.
(C) Agents Acting as Casting Consultants or Packagers. Any Agent who acts as an Agent for
a Producer, either as a casting consultant or otherwise, with or without fee, shall not, if the Actor
secures employment through him, represent the Actor in securing said employment and, in
accordance with the Equity Agency Regulations, is not entitled to commissions therefore from the
Actor.
The foregoing paragraph likewise applies in any case where the Agent acts as a Packager, either
on behalf of a Producer, with or without fee, or on his own behalf.
(D) Chorus. Any Actor engaged under a Chorus contract shall not be required to pay
commissions to any Agent, except as in accordance with the Equity Agency Regulations.

3. ARBITRATION
(A) Time Limit. Should the Producer dispute a ruling by Equity and if said ruling is arbitrable
under these Rules, he must demand arbitration within four weeks of notice of said ruling. Failure
to do so constitutes agreement with said ruling and an acknowledgement that Equity may deduct
any monies due as a result of said ruling from any security posted with Equity by the Producer.
The Producer further agrees that upon demand by Equity, he will immediately replace any
deducted amounts.
(B) Procedure. Any controversy arising from the application or interpretation of this Agreement or
affecting the relationship between any Actor or Equity and the Producer, including disputes as to
the existence or validity of any employment contract, shall be submitted to arbitration in the
manner provided below.
Arbitration as provided herein shall be the exclusive remedy for the resolution or adjustment of
disputes, including any question as to whether a dispute or issue is arbitrable under the
provisions of this Agreement.

The expenses of the arbitration, including the compensation of the arbitrator, shall be shared
equally by Equity and the Producer.

Nothing herein shall be construed to give the arbitrator the authority to alter, amend or modify any
of the provisions of this Agreement.

Equity shall act on behalf of the Actor in any arbitration proceedings hereunder and in accordance
with Equity's Constitution and By-Laws. No Actor shall commence any such arbitration
proceeding except with the consent of Equity.

The Arbitration shall be held in New York City, Chicago, Los Angeles or San Francisco as Equity
may designate.

Except as otherwise expressly provided in these Rules, any dispute between the Producer and
the Actor and/or Equity relating to the interpretation or application of these Rules or the Collective
Bargaining Agreement between Equity and COST using this Agreement shall be submitted to
arbitration at the request of either the Producer or Equity in the manner prescribed herein.

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In the event of a dispute, Equity and COST shall mutually agree to a list of arbitrators as referred
by the American Arbitration Association. In the event it is necessary to hold an arbitration outside
of New York City, the parties may, by mutual agreement, stipulate in writing to have such
arbitration held before the American Arbitration Association and in accordance with its Voluntary
Labor Arbitration Rules.
(C) In cases where an Actor is discharged by the Producer for reasons set forth in Rule 9,
CHANGES IN CAST, re: Replacement of Actor, or Rule 23, DUTIES OF THE ACTOR, or if there
is a dispute involving billing, either Equity or the Producer shall have the right to invoke the
following expeditious arbitration procedure:
(1) The dispute or grievance shall be asserted by a notice in writing by registered mail or by
telegram, return receipt requested, given to the other party. A copy of such notice shall
simultaneously be sent to the arbitration board at an address to be designated by them.
(2) Such dispute, complaint or grievance shall be submitted to arbitration within 24 hours after
receipt of notice by the arbitration board and the award shall be issued not later than 48 hours
after the conclusion of the hearing.
(3) The award of the arbitrator shall be in writing and may be issued with or without opinion. If
any party desires an opinion he shall request same, but such request shall not delay
compliance with and enforcement of the award.
(4) The failure of any party to attend the arbitration hearing as scheduled shall not delay said
arbitration and the arbitrator is authorized to proceed to take evidence and issue an award as
though such party were present.
(5) The award of the arbitrator shall be final and binding on all parties.
(D) In matters of dispute other than those set forth above, the dispute or grievance shall be
asserted by a written demand for arbitration served upon the other party with a copy to the board
of arbitrators at the address designated by them. The hearing shall commence within 30 days
following the submission of said notice if possible. The decision of the arbitrator shall be rendered
in writing within 30 days following the conclusion of the hearing.
Either party may request an expeditious arbitration pursuant to the procedure set forth above,
which procedure shall be followed unless the other party objects within 12 hours after receipt of
the request by telegram, return receipt requested, a copy of which shall be sent to the permanent
board of arbitrators. In the event the other party objects, the expeditious arbitration procedure
shall not be used. It is understood that both the Producer and Equity should be permitted to use
the expeditious arbitration procedure in cases where prompt award would necessarily limit the
amount of damages in issue or in other cases where prompt determination is necessary or
especially desirable. However, except in the instances set forth above, no party shall have the
right to such an expeditious arbitration over the objection of the other party.
(E) In the event Equity is given formal notice by the Producer of the discipline of an Actor
pursuant to the provisions of Rule 23, DUTIES OF THE ACTOR, or pursuant to the provisions of
Rule 30, ILLNESS AND SICK LEAVE, the matter shall be considered settled unless an arbitration
is initiated by Equity within 10 days. In all other cases the arbitrator may consider the laches of
either side in initiating an arbitration procedure in his consideration of the dispute.

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(F) Special Provision. Should any dispute arise to which an Actor is a party, and either the
making or the validity of the agreement itself, or the agreement to submit to arbitration, or the
failure to comply with any agreement to arbitrate, is in dispute, all parties to the agreement or
alleged agreement shall waive, and, by the acceptance of this Rule, do waive any and all
provisions of law which may lawfully be waived and which may provide other or different
procedure, and shall submit such dispute to arbitration in the manner provided in standard form
Equity contracts and by Equity rules.
No Actor and no Producer or employer shall make or take any appeal in any form to any court of
law to determine any rights or remedies, or alleged rights or remedies, or any question in dispute
of any kind under any agreement or claimed agreement of employment, any disputed question
regarding the making of any agreement, or the making of any agreement to arbitrate or any part
thereof, when it shall be lawful to determine such question involved or such dispute by mutual
written consent through arbitration held in accordance with the provisions of standard form Equity
contracts or Equity rules. Failure by the Actor to obey any or all of these rules shall be grounds for
disciplinary action by the Association. Failure by the Producer to obey any or all of these Rules
shall constitute a breach of this Agreement and of Equity rules, which breach shall entitle all
Actors, at the request of Equity, to withdraw from the cast.

In case of such breach, the Producer agrees, whenever the Actor holds a standard minimum
contract without guaranty of more than two weeks, to pay forthwith, in full, for all services
rendered by the Actor to the Producer, plus any other amounts then owing, not already paid, and
also as liquidated damages, no present basis of calculation existing, a sum equal to two weeks
salary. If the Actor holds a contract with a guaranty exceeding two weeks, then in case of such
breach, the Producer agrees to pay the Actor forthwith, in full, for all services rendered by him,
not then already paid for, plus any other sums to which the Actor may be entitled by contract or
by Equity rule, and, in addition, as liquidated damages, no present basis of calculation existing, a
sum equal to the Actor’s salary multiplied by the number of weeks remaining under the Actor’s
guaranty of employment. In no event shall the Actor be paid less than two weeks salary, and in
no case shall any offsets be allowed to the Producer for the earnings of the Actor in new or
subsequent engagements.
(G) The arbitration provisions of this Agreement shall, with respect to any controversy or dispute,
survive the termination or expiration of this Agreement, or of any contract of employment. Nothing
herein contained shall be deemed to give the arbitrators the authority, power or right to alter,
amend, change, modify, add to, or subtract from any of the provisions of this Agreement.

4. AUDITIONS AND INTERVIEWS (SEE ALSO RULE 24. EQUAL EMPLOYMENT OPPORTUNITY,
NON-DISCRIMINATION, AND NON-TRADITIONAL CASTING )
(A) General
(1) Affirmation
The parties hereto affirm their commitment to a policy of equal employment opportunity
designed to promote a positive model of diversity and the elimination of discrimination in
theatre. Consistent with the foregoing, it is the intention of the parties that the casting of plays
and the hiring of Stage Managers be conducted in such a manner as to provide equal
employment opportunities to Actors of all ethnicities (including but not limited to African

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American, Asian/Asian Pacific American, Hispanic American, Native American, multi-
cultural), women, seniors, and Actors with disabilities.
The Producer agrees that the casting of all productions will be conducted in such a manner
as to provide full and fair consideration to Actors of all ethnicities (including but not limited to
African American, Asian/Asian Pacific American, Hispanic American, Native American, multi-
cultural), women, seniors, and Actors with disabilities. Unless otherwise textually indicated, all
parts/roles shall be open to all Actors without prejudice. This shall be evident in all casting
notices, calls and cast breakdowns in order to insure full participation in the casting process.
(2) The Producer shall conduct auditions at which performers will be seen for Principal roles
and for Stage Managerial positions. The following conditions shall apply:
(a) Among the auditions held for Principal roles, there shall be interviews or auditions for
Equity performers;
(b) The Producer is under no obligation to hire any person pursuant to any Principal
Interview or audition procedures including the procedures for Equity performers set forth
below.
(3) No performer shall be required to sign an Equity contract at an audition.
(4) Auditions by appointment, including callbacks, shall not be conducted prior to the
completion of all required auditions.
(5) Equity and the Producer agree that personal information (including but not limited to
contact information) provided on an Actor’s headshot or resume is provided in confidence and
is to be used solely for casting purposes (e.g., setting up callbacks, providing audition
material, making offers of employment). The Producer shall not use this private information for
the purpose of marketing and/or advertising or for unsolicited contact of a personal nature and
shall notify contractors of same.
(6) When a role to be cast depicts a person with a disability, the Producer shall include this
information in the casting specifications and, at the same time, shall notify Equity of such
specifications so that performers with a comparable disability may be informed and given the
opportunity to audition for the role. Producers will make a reasonable effort to cast a role
depicting a person with a disability with a performer with said, or a comparable, disability.
(7) All auditions will be held in premises that are architecturally accessible for performers with
disabilities. If auditions cannot be held in premises that are architecturally accessible, the
Producer shall, upon 48 hours’ notice by either Equity or a performer with a disability who
wishes to audition, arrange for an appropriate audition facility.
(8) When a deaf performer is sought or a deaf character is being cast, the Producer shall
provide, during the audition, a qualified interpreter for the deaf (one qualified or certified in
sign language or oral interpretation).
(9) All audition material provided by the Producer shall, upon request, be made available to
performers who are blind or have low vision at a place to be designated by the Producer at
least 48 hours in advance of the audition.
(10) All auditions shall be conducted live. However, if the Producer requests to see a
performer who is unavailable to audition, the performer may agree to be auditioned by

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recorded means. Additionally, though Equity and COST are committed to the belief that
auditions must be done live, should a key member of the creative team not be able to attend
an Equity callback for a specific Principal role, Principal understudy assignment, or a Chorus
part or specialty, Recording of Equity performers shall be permitted, provided:
(a) Any resulting recording shall only be used internally for casting purposes;
(b) The recording shall not be released in any medium;
(c) The Actor and Equity shall receive no less than 24 hours’ notice that the audition will
be Recorded and notice shall include the name and title of the creative team member
who is not available to attend the callback;
(d) There will be at least one person from the creative team in attendance at the
recording; and
(e) After the stated purpose has been accomplished, but no later than 30 days from the
date of the recording, the recording shall be destroyed, with written certification to Equity,
signed by the Producer, that no copies were made or retained in any format.
(B) Principal Auditions for Equity Performers
The Producer shall comply with the following procedures for Equity Principal performers.
(1) Equity Principal Auditions may be held in any city in which Equity maintains an office. If
there are two or more required days of Equity Principal Auditions, one of these days may be
held in a liaison city, provided the Theatre is not resident in that liaison city. Equity will be
consulted with respect to the scheduling of these Equity auditions so that no more than one
audition is held by Theatres using this COST Agreement on any one day in any one city.
(2) An Equity performer auditioning for a non-singing role in a musical shall not be required to
sing, but will be allowed to read on musical audition days for designated non-musical roles.
(3) Tiers 1 and 2. Tiers 1 and 2 COST Theatres shall hold seasonal Equity Principal
Auditions according to the following schedule:
(a) Single musical production: one day of seven hours.
(b) Two or more musicals: two days of seven hours each.
(c) Single dramatic production: one day of seven hours.
(d) Two or more dramatic productions: two days of seven hours.
(e) The above notwithstanding, the Equity Principal Auditions required for any one
season shall not exceed three days of seven hours.
(4) Tiers 2+, 3, 4 and 5. Tiers 2+, 3, 4 and 5 COST Theatres shall hold seasonal Equity
Principal Auditions according to the following schedule:
(a) Single musical production: one day of seven hours.
(b) Two or more musicals: four days of seven hours each. However, any Theatre whose
entire season (including all rehearsals and performances) is longer than six months shall
schedule said musical days in no fewer than two groupings that are at least four weeks
apart.

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(c) Single dramatic production: one day of five hours. Said dramatic day may be
scheduled individually or adjacent to a musical audition day.
(d) Two or more dramatic productions: one day of seven hours. Said day may be
scheduled at any time during the year.
(5) During each seven-hour day of Equity Auditions, the Producer will audition a minimum of
126 Equity performers. Callback auditions shall not be held at this time but may be scheduled
for a future date. Stage Managers shall be interviewed.
(6) Casting Notice. Concurrent with the distribution of casting announcements to agents, and
at least two weeks prior to the desired audition time, the Producer shall submit to Equity the
following information about the production(s) for which auditions are scheduled:
(a) Title and projected playing dates of the production(s);
(b) The date, time and location;
(c) Names of the Director, Choreographer, Stage Manager, General Manager, Company
Manager, and professional Casting Director or casting consultant(s), as may be available
at the time, along with the name(s) and title(s) of personnel who are expected to attend
the Principal Audition;
(d) A complete cast breakdown (to include a definitive description of each character in
new plays), and notation of possible innovative casting opportunities. The Producer shall
use best efforts to ensure that casting notices for required auditions contain character
descriptions, synopses and other pertinent items of information identical to those included
in notices sent to a breakdown service or intended for agents and/or managers;
(e) Whether or not Stage Managerial positions are available, and if so, to whom resumes
shall be sent;
(f) All necessary instructions for auditioning Equity performers.
This notification shall list only productions under consideration, identifying those which may
be booked in as packages.
(7) Casting Personnel. The Director or Artistic Director must be present at all Principal
Auditions.
(a) Non-Musical Principal Auditions. The bona fide casting director for the
production(s) may take the place of the Director and/or Artistic Director at non-musical
Principal Auditions only.
(b) Musical Principal Auditions
(1) The Artistic Director, or the Director and the Musical Director, must be present at
all Principal Auditions for singers.
(2) The Artistic Director, or the Director and the Choreographer (or Associate
Choreographer), must be present at all Principal Auditions for dancers.
(3) The bona fide casting director for the production(s) may take the place of the
Director at Musical Principal Auditions.

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For the purposes of this rule, “Artistic Director” shall be deemed to include Associate Artistic
Director, Producer, Associate Producer, or Producing Director.
(8) When musical auditions are held the Producer shall provide a piano and professional
piano accompanist who can sight read. If the Musical Director is the only person with final
casting authority conducting the audition, he may not also be the audition accompanist.
(9) An Equity monitor shall be present at the Principal Audition. Equity shall assist the
Producer so as to ensure that the audition premises will be available to the Equity monitor and
to the Equity performers one hour prior to the scheduled audition hours.
(10) At an audition, each Equity performer shall have no less than two minutes to present
prepared material or, should the Producer so choose, read from material provided by the
Producer and made available in the waiting room at the audition.
(11) A copy of any concessions and/or waivers to this COST Agreement granted to the
Producer by Equity shall be posted at the audition location.
(12) Self-Submissions. If a contemplated production is changed after Equity Principal
Auditions have been held, and Producer will be scheduling auditions for the new and/or
additional productions(s), the Producer shall immediately submit to Equity a photo/resume
request for the new and/or additional production(s). This notice shall include all roles available
and fully developed character descriptions of those roles similar to those submitted to agents.
The Producer agrees to schedule auditions for a minimum of ten Actors, or two Actors per
available role, whichever is greater, from the photos/resumes received. A list of Actors so
scheduled shall be sent to the Equity Auditions Department.Equity Principal performers shall
be called to audition at specific times and shall not be called in groups unless necessary for
physical screening and/or voice blending.
(13) Subsequent Equity Principal Auditions. Auditions and/or readings, excluding the
initial Equity Principal Audition, shall be compensated at the rate of one-seventh of minimum
salary for each reading and/or audition over three to which the Equity performer is called.
Equity performers called back from an audition may be seen on the same day as Equity
Chorus Auditions but shall be auditioned separately from Chorus Performer Auditions, except
when auditioning for a Principal role which requires ensemble dancing.
(C) Chorus Auditions
(1) General. If the Producer schedules a musical utilizing Chorus performers, there shall be
Chorus Auditions open to all performers. The following conditions shall apply:
(a) Among the auditions held for Chorus performers, there shall be auditions for Equity
performers;
(b) The Producer is under no obligation to hire any person pursuant to any Chorus
Audition procedures, including the procedures for Equity performers set forth below.
(2) Chorus Auditions for Equity Performers
The Producer shall comply with the following Chorus Audition procedures for Equity
performers:
(a) Equity shall receive at least two weeks’ notice of an Equity Chorus Call;

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(b) An Equity monitor shall be present at the first and final audition to assist the Producer
or the Producer’s representative in organizing and facilitating the Chorus Audition. Such
Equity Chorus Audition shall be held in any city in which Equity maintains an office;
(c) Equity shall have the right, in consultation with the Producer, to schedule the Equity
Chorus Auditions so that no more than two Theatres hold the first or final audition on the
same day, or call the same category (singer or dancer), at the same time;
(d) Singers (male and female) and dancers (male and female) shall be auditioned
separately at the first Equity Chorus Call. The time and place of said Call for these
groups shall be announced by Equity at least one week before the time of audition. The
Producer shall also notify Equity of the time and place of the final Audition;
(e) The Producer, Musical Director or the Director shall be present at all Equity Chorus
singer Auditions. The Choreographer or the Assistant Choreographer shall be present at
all Equity Chorus dance Auditions. A person with casting authority shall be present at all
Equity Chorus Auditions. For the purposes of this rule, the term “Producer” shall be
deemed to include Artistic Director, Associate Artistic Director, Associate Producer or
Producing Director;
(f) The time span for any callback shall be limited to six out of eight hours;
(g) The Producer shall provide a piano and professional piano accompanist who can
sight-read at all Auditions for Equity Chorus performers, whether at a studio or in a
theatre. If the Musical Director is the only person with final casting authority conducting
the Audition, the Musical Director may not be the audition accompanist;
(h) No portion of the audition room shall be used as a waiting room;
(i) Dancers shall be auditioned as dancers before being auditioned as singers. Singers
shall be auditioned as singers before being auditioned as dancers;
(j) No Equity Chorus performer shall be called upon to perform any material at an
Audition that a dancer cannot safely execute without rehearsal, including, but not limited
to, trick dance steps, acrobatics, or other movements that cannot be safely performed by
virtue of the performer's training, without practice and preparation;
(k) An Equity Chorus Audition shall not be interrupted to audition or interview a performer
for a Principal role except at the final audition, when a Chorus performer may read for a
"part" or understudy. An Equity performer auditioning for a Principal role may not be
called to audition with a group auditioning for Chorus positions, except when the role
requires ensemble dancing;
(l) Equity Chorus Auditions for any given production may not be held prior to the Equity
Principal Auditions for the same production; however, Equity will not object to the Chorus
Auditions and the Principal Auditions being held on the same day;
(m)Equity Chorus Auditions may be held on two separate days, one day for voice, and
one day for dance and general qualifications;
(n) If said two days of Equity Chorus Auditions are not consecutive, the Equity performer
shall not be required to report for any purpose on the days between such Chorus
Auditions. It is agreed that this prohibition regarding Equity Chorus Auditions does not

COST 2015-2019 9
preclude the Producer from auditioning an Equity performer for a Principal role on the
days between such Equity Chorus Auditions;
(o) If an Equity Chorus performer is called for any day, or works on any day, after the
second audition day, the performer shall be paid at the rate of one-seventh of minimum
for each day;
(p) Equity Chorus performers shall not be required to rehearse numbers during the
audition which are to be used in the production; if so required, rehearsals shall be
deemed to have commenced;
(q) Should the Producer, after engaging all Equity Chorus performers, release without
obligation any individual Equity Chorus performer at the performer's request, the
Producer may hold an additional audition without payment for the purpose of replacing
said performer.
(D) Auditions and Interviews at the Theatre Location
(1) General. The Producer agrees to hold two days within each year of Equity auditions (for
Principals and, if Chorus musicals are contemplated, Chorus performers) and Stage Manager
interviews at the theatre or at a location within the general commuting area of the theatre. The
length of day, not to exceed seven hours, shall accommodate appropriate time slots for all
Equity members who request to attend. The attendance of a person with casting authority
[see Rules 4(B)(7) and 4(B)(8)] throughout one full day of multi-Theatre Equity auditions
within 100 miles of the theatre shall be considered valid as one of these two required days, as
long as a piano and sight-reading accompanist are provided throughout the multi-Theatre
auditions, and as long as the remaining required local audition day is conducted by the
Theatre alone. This requirement for local auditions shall not apply to any Theatre within a
radius of 100 miles of a city in which Equity has an office. The following conditions shall apply:
(a) Among the local auditions held, there shall be auditions for Equity performers.
(b) The Producer is under no obligation to hire any person appearing at any local
audition, including any Equity performer.
(2) Equity Provisions
(a) Casting Notice. For required local auditions (including multi-Theatre auditions, if
applicable), the Producer shall send a casting notice to the appropriate regional Equity
Auditions Department/Office, containing the same information required in Rule 4(B)(6) at
least two weeks in advance.
(b) If the Theatre chooses to hold these required local auditions by appointment, the
following procedures shall be used:
(1) Appointments for Equity performers shall be scheduled in five-minute time slots;
(2) The required casting notice shall include a telephone number at which
appointments for Equity auditions will be taken. The Producer shall also specify
reasonable days and hours during which appointments will be taken;
(3) Equity performers shall neither be required nor shall they be invited to mail, fax,
deliver or e-mail their headshots and resumes in order to secure an audition
appointment;

COST 2015-2019 10
(4) On the day of the Equity auditions, Equity performers without appointments shall
be accommodated as time permits.
(c) The Producer shall use best efforts to see Equity performers passing through the area
where the Theatre is located.
(E) Additional Provisions for Equity Principal and Chorus Performers
(1) When Equity Auditions are held, the Producer shall provide a space, approved by Equity in
advance, which approval shall not be unreasonably withheld, that shall include:
(a) A separate room with seats and open space where the performer may wait and/or
warm up for the audition;
(b) Separate change facilities (not lavatories) for men and women at any audition where
they are required to dance;
(c) An audition room, change room and/or waiting room which is properly lighted,
ventilated and heated (when necessary) during inclement or cold weather to at least 68
degrees Fahrenheit;
(d) An ample supply of pure, cool drinking water, and cups where needed, free of charge,
whenever the performer is required to audition;
(e) Rest room facilities must be available to performers waiting to audition. Access to
these facilities must be separate from the room in which auditions are being held;
(f) Dance surfaces, which comply with Rule 52(J), when performers are required to
dance. Equity reserves the right to approve audition dance surfaces;
(g) In theatres and rehearsal halls where smoking is permitted, areas will be designated
by the Producer as smoking areas. Smoking shall not be permitted outside said areas,
including waiting rooms and rehearsal rooms, where auditions are being held.
(2) Liability Insurance. The Producer shall provide liability insurance to cover performers at
Equity Auditions and Interviews.

5. BINDING EFFECT OF AGREEMENT


Agreements between Producers and so-called "packagers", casting consultants, agents, or
Producer's representatives shall in no way limit or reduce the Producer's liability or responsibility to
fulfill all terms and conditions of Equity contracts to which the Producer is signatory.
All contracts signed pursuant to these Rules are binding not only upon the signers on the face
thereof, but also upon any and all corporations, co-partnerships, enterprises, and/or groups which
said signers or each of them control, and are hereby agreed to be adopted as their contracts by each
of them.

6. BLACKLISTING
The Producer and Equity both pledge themselves to prevent blacklisting in the Stock field.
Opposition to blacklisting is not a controversial issue between the Producer and Equity.
Blacklisting for the purposes of this Rule shall mean the submission by the Producer, directly or
indirectly, to individual or group pressure, and/or the use of private lists, published or unpublished, of

COST 2015-2019 11
persons not to be employed in theatrical productions for reasons having no direct relation to their
theatrical ability.
If it is determined that a Producer has blacklisted as defined herein, said Producer agrees to pay to
the Actor losing his employment as a result thereof, the Actor’s full contractual salary for the duration
of the contemplated engagement, plus a sum equivalent to the full contractual salary of the Actor’s
successor or successors, or $1,000, whichever is the greater.

7. BREACHES BY PRODUCER
Should the Producer: (a) breach this Agreement, or (b) breach any Equity rule which is a part of the
employment contract of any Actor, or (c) make any false statement in connection with any
employment agreement or regarding security, or (d) employ or have employed any Actor under any
form of contract other than a standard form, or (e) be in default under any employment contract with
any Actor, or breach any such employment contract, past or present, or (f) in the future breach any
such employment contract or (g) fail to give or deposit security at the time and in the form and amount
required by Equity, then and in any of such events, the Actor may, Equity consenting, terminate
forthwith his employment.
In addition, the Producer agrees that he will pay the Actor forthwith in full for all services rendered by
him, not already paid for, plus any other sum to which the Actor may be entitled by contract or under
Equity rules, and also as liquidated damages, no present basis of calculation existing, a sum equal to
two weeks’ salary. Should any such act or breach occur, neither the giving of any performance by the
Actor nor any omission of any act by the Actor or Equity shall be or act as a waiver of any or either of
the rights of the Actor or Equity. In connection with the foregoing, Equity is hereby given authority,
without prejudice and without penalty to itself, to intervene and require the Actor to perform or
otherwise act, or not to perform or not to take advantage of any such breach, said requirements to be
made by Equity, under such terms and conditions as it may in its sole discretion consider just and
equitable; all of the foregoing to be without prejudice to any other or further rights given to the Actor or
Equity by contract or by Equity rules.

8. CALLBOARD
(A) A Callboard shall be maintained at each theatre on which information important to the Actor
shall be posted, including:
(1) Worker's Compensation carrier and carrier number;
(2) Names and addresses and telephone numbers of doctors, dentists and hospitals in the
area;
(3) Member of the Producer's staff whom the Actors can contact in case of emergency;
(4) Information regarding fire exits and fire fighting equipment and proper procedures;
(5) Producer's procedures for safekeeping of Actors' valuables;
(6) Listing of the minimum terms for rental of items from an Actor's personal wardrobe for use
in the production [See Rule 13(C)];
(7) Notice of scheduled Day of Rest [See Rule 18(B)];
(8) Notice of rehearsal calls after opening [See Rule 50(A)(6)];

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(9) Housing list per Rule 29(A)(5);
(10) Any concessions granted to the Producer;
(11) Copy of Equity's permission for specific sessions of televising, broadcasting or filming.
(B) The Producer of a Unit Attraction must advise the members of the company, by posting on the
Callboard, the name of the person in each theatre where the Unit Attraction plays to whom notice
can be given as a representative of the Producer for any violation of contract provisions.

9. CHANGES IN CAST
Whenever an Actor performs in place of an Actor who is listed in the program, cast list and/or Playbill
as a character, announcement to this effect shall be made (a) from the stage or over the public
address system immediately prior to the beginning of the performance, or (b) such announcement
shall be printed and inserted in all programs, cast lists and/or Playbills.
In addition to the above, an announcement to such effect shall also be conspicuously and prominently
posted at the entrance to the theatre at the place where tickets of admission are collected. Such
announcement shall be at least 8 by 10 inches in size, in letters of at least one inch.
In all of the above cases, such announcements shall include the role or roles, the name of the Actor
playing the role or roles, and the name of the Actor replaced. When a Swing is performing in a track
with no identifiable characters, the Swing’s name shall be posted as above, except that if a daily
program insert is used, the Swing’s name may be listed on the insert and no lobby board will be
required.
For each failure to give the required notice of substitution, the Producer agrees to pay the Actor
whose part is being played by an understudy or another Actor, and also such understudy or other
Actor, an additional payment equal to one-eighth of his own weekly salary.
In the event a cast change occurs within five hours prior to Half-Hour, the Producer will only be
required to make a public address announcement of said change. For all subsequent performances,
all of the aforementioned rules shall apply.
Unless Equity shall otherwise order, the Producer shall not require the Actor to alternate with an
understudy or a successor, and if replaced by either, he may not thereafter be required (unless Equity
orders otherwise) to act again in the part or to report to the theatre for that purpose. Payments,
however, shall continue to be made according to the terms of the Actor’s agreement.

10. CHORUS
Should the Producer of a Non-Resident Dramatic Stock Company desire to present a production,
musical or dramatic, utilizing a singing or dancing Chorus, the following terms and conditions will
apply:
(A) Parts Determination. The Producer shall furnish to Equity a list of all proposed and
scheduled productions prior to the beginning of the season. Equity shall submit to the Producer a
list of all Principal roles and a list of all parts for which a Chorus Actor shall receive extra
payment. Should a production be sufficiently changed either by cutting, by re-writing or by re-
choreographing, to make questionable the category in which a particular part belongs, final
determination shall be made by Equity.

COST 2015-2019 13
The Producer shall furnish to Equity the scripts of scheduled new musicals and new adaptations
of musical productions, along with cast breakdowns of Principal roles, number of Chorus Actors
to be employed, and a schedule of all functions for which Chorus Actors will receive additional
payments.

Equity will then respond with its breakdown of Principal and Chorus roles and, after consultation
with the Producer, Equity will make determinations for contract filing. Final determination will be
made when the show is frozen, and contracts will be changed to reflect this determination.
Equity's determination will be final and binding.
(B) Chorus Assignments Requiring Additional Compensation. A member of the Chorus shall
not be permitted to play a part, understudy a Principal role, a Principal Singer, or a Principal
Dancer, sing a song or perform a number that belongs to a Principal Actor, Principal Singer or
Principal Dancer, or for which a Principal Actor, Principal Singer, or Principal Dancer should be
engaged; nor shall a member of the Chorus be permitted to perform a solo or specialty unless
there is an agreement in writing between the member of the Chorus and the Producer specifying
additional payment for said additional work, which payment shall not be less than the minimums
specified below.
(1) Playing a Part, a Bit or a Specialty. If a member of the Chorus is required to play a part
(except as Understudy) which was played by a Principal Actor in the original (Broadway or
Road) production, the Chorus Actor shall receive no less than 4.5% of the applicable
minimum salary (or $35.00, whichever is greater) per week in addition to his weekly
contractual salary.
If a part, bit or specialty was played by a Principal Actor, but was incidental to the Principal
Actor's employment as an Understudy or was one of several parts played by the Principal, or
if the part, bit or specialty was played by a member of the Chorus, the Chorus Actor required
to play said part shall receive no less than 2.5% of the applicable minimum salary (or $21.00,
whichever is greater) per week in addition to his weekly contractual salary.
(2) Chorus Understudying Principal. A member of the Chorus assigned to understudy a
Principal role shall be paid not less than 4.0% of the applicable minimum salary (or $30.00,
whichever is greater) per week in addition to his weekly contractual salary for each such
understudy assignment.
When a member of the Chorus performs in place of a Principal, he shall receive a minimum
of at least one-eighth of his own weekly contractual salary in addition to his own contractual
salary, for each such performance.
(3) Chorus Understudying Star. A Chorus Actor understudying a star billed over the title
shall receive a minimum of an additional two-eighths of his own contractual salary for each
performance given in place of said star.
(4) Chorus Understudy for Member of the Chorus Playing a Part. If a member of the
Chorus is assigned to understudy another Chorus Actor who is playing a part or performing a
specialty or solo for which he is receiving an increment, he shall be paid not less than 2.0% of
the applicable minimum salary (or $16.00, whichever is greater) per week in addition to his
weekly contractual salary for each such Chorus assignment.

COST 2015-2019 14
(5) Swings
(a) Full Swing. A Full Swing of each gender must be employed from the first day of
rehearsal in productions which run for six weeks or more. Said Swings may be non-
professionals. For the purposes of this Agreement, a Full Swing is defined as a non-
performing member of the Chorus who swings all or fewer than all Chorus performing in
Chorus numbers in the production. Each Full Swing shall receive no less than 4.0% of
the applicable minimum salary per week in addition to his weekly contractual salary for
such assignment.
(b) Partial Swing. If a Chorus Actor is designated to swing a Chorus number in a
production and is not hired solely as a Full Swing performer, he shall receive no less than
2.0% of the applicable minimum salary (or $16.00, whichever is greater) per week for
each such Partial Swing assignment in addition to his weekly contractual salary:
(c) A Swing may be required to attend Understudy rehearsals provided the Swing
rehearses only those functions for which the Swing is contracted.
(C) Emergency Replacement
If, in an emergency, a Chorus Actor goes on for a “Chorus Part or Specialty” not specified in
his contract, he shall be compensated for such performance with a payment of no less than
the applicable Partial Swing increment. In addition, he must be immediately signed and
compensated for such Understudy assignment at no less than the prescribed rate, subject to
two-week termination of the Understudy assignment or termination of the Actor’s contract,
whichever comes first, without regard to the requirements of Rule 61, TERMINATION.
(D) Non-Professionals are not permitted in the Chorus of musicals except as provided for in Rule
38, NON-PROFESSIONALS.

11. CLAIMS
(A) Waiver or Release Not Permissible. Upon any claim of the Actor arising under his
agreement through any breach thereof, no receipt, waiver, release or adjustment by the Actor is
of any validity whatsoever, unless Equity consents in writing. The Producer, by agreeing to this
Rule, agrees that he will not seek or solicit any such waiver, release or settlement, nor offer the
same in any arbitration or any proceeding in court unless Equity specifically consents in writing.
In no case shall claims of Actors under employment contracts be handled or enforced by agents
or attorneys unless same are consented to by Equity in writing.
(B) Time Limit in Lodging. Should the Actor deem that he has any claim against the Producer
under the Actor’s contract, he shall present the claim to Equity or to the Producer no later than
four weeks after the time when such claim shall have arisen unless he shall give to Equity, or to
the Board of Arbitration, or to either of them, a good and sufficient reason for any delay beyond
such period of four weeks unless informal claims have been previously asserted and made
known to the Producer.

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12. CLOSING SEASON OR UNIT TOUR
(A) Defining Closing Notice. Producer may close season and/or Company by posting one
week's written notice to all members of the Company provided the Actor shall receive not less
than the minimum employment and/or payment guaranteed under his contract.
(B) Effect of Company Notice. When a Company is closed in accordance with or after notice of
closing to the entire Company, such notice of closing shall supersede any individual notice then
outstanding. [See Rule 61, TERMINATION].

13. CLOTHING AND COSTUMES


(A) The Producer shall furnish all Actors with all costumes and clothes (period or modern),
including wigs, hats, beards, hairpieces, stockings, tights, hose, properly fitted footwear, 100%
cotton T-shirts, and socks (as essential parts of the visible costume), and shall not expect the
Actor to use any of his personal wardrobe onstage except modern conventional undergarments
not referred to above.
In no event shall the Producer require the Actor to purchase any special clothes.
In no circumstances shall Actors engaged on Chorus contracts be required to furnish any of their
outer clothing.
For musical productions, tights, hose, dance briefs, dance belts, dance bras, stockings, and all
other "skin parts" shall be new when issued to the Actor.
Prior to any activity that requires knee and elbow pads and protective clothing, the Producer shall
provide new and properly fitted (i.e., small, medium or large) items for the exclusive use of the
Actor for all rehearsals and performances.
Shoes supplied by the Producer shall be clean and sanitary, in good repair, and conform to the
Actor’s size and/or fit. All shoes used for dancing shall be new when issued to the Actor. Shoes in
musical productions and those used for dancing in non-musical productions, shall be rubbered
and braced. Whenever an Actor's shoes are not braced and rubbered as specified, or need
repair, the Producer at the location where the infraction occurs shall pay a penalty of $15.00 per
day to the Actor involved for each day that the infraction continues. If repair, replacement, bracing
and/or rubbering is necessary, the Producer shall have 24 hours, excluding Sundays, to make
such correction. [See (B) below, for further provisions]
All properties required by the action of the play, including those peculiar to any trade, occupation
or sport, shall be furnished by the Producer. Any such items rented from the Actor for use in the
production shall be rented in accordance with the schedule referred to in (C) of this Rule.
The Actor shall wear the costumes in the production that the costume designer requires for the
production, if properly fitted.
At the close of the engagement, Actors shall promptly return all wearing apparel, shoes, and
accessories furnished by the Producer.
The Producer shall transport all costumes, including items from the Actor's personal wardrobe
used in the production.

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(B) Dance Shoes
(1) All shoes used for dancing shall be new when issued to the Actor. Professional dance
shoes shall be provided for all members of the company who are required to dance. Excluded
are normal ballroom dancing and staging which may involve some choreographed
movements. In addition, shoes necessary to represent the period of a production or nature of
a specific character (e.g., sneakers in West Side Story, athletic shoes in Damn Yankees) may
be provided, but must be of suitable construction for dancing. Actor shall be consulted
regarding preference of shoe manufacturers.
(2) The Producer shall provide all shoes for dancing at least one week prior to the first dress
rehearsal unless prevented from doing so by unforeseen delays in delivering emergency
replacements, or improper shoes being delivered. All such shoes shall be new when originally
issued, be constructed for dancing, be properly fitted to the individual dancer and be
appropriate to the dance style. The Producer may furnish the Actor with shoes previously
worn by the same Actor in a prior engagement within a single 12-month period, provided they
are in good repair and have been used exclusively by said Actor.
(3) Shoes for dancing shall be repaired or replaced whenever necessary or when a committee
composed of the Dance Captain, authorized Producer's representative and Stage Manager
agree by majority secret vote that the shoes are either in unfit condition for the safety of the
performer or are deemed unsafe or unsanitary. If the committee votes that the shoes be
replaced, the performer need not perform until appropriate shoes are issued. In addition, the
Producer shall pay to the performer a penalty of $15.00 per day until proper shoes are
provided. If, after such shoes have been provided, repairs or replacement is needed, the
Producer shall have 24 hours, excluding Sundays, to make such correction.
(4) Shoes in musical productions and those used for dancing in non-musical productions,
shall be rubbered and braced. Whenever an Actor's shoes are not braced and rubbered as
specified in Rule 13(A), the Producer at the location where the infraction occurs shall pay a
penalty of $15.00 per day to the Actor involved for each day that the infraction continues.The
Producer shall have 24 hours, excluding Sundays, to make such correction.
(5) Infractions of the above rules [Rule 13(A)] shall incur penalty under only one of such rules
if the infractions arise from the same circumstances.
(6) The Producer shall furnish pointe shoes with pointe shoe ribbons for all rehearsals and
performances requiring pointe shoes. If new pointe shoes are required for performance, they
must be furnished at least three days prior to said performance, but shall not be used for
dancing prior to Dress Rehearsal. A committee composed of the Producer or the Producer’s
representative, the Assistant Choreographer or Dance Captain, and the dancers' Deputy shall
determine whether replacement of pointe shoes for a production or rehearsal is required.
(7) Any dispute relating to these provisions shall be submitted to a committee composed of
the appropriate Deputy, Stage Manager, Dance Captain (where applicable), and authorized
Producer's representative and the decision of a majority of this committee shall be final and
binding.
(8) All provisions contained in this Rule 13(B) shall apply to any shoes used for dancing in
non-musical productions.

COST 2015-2019 17
(C) Rental. The Actor may, at his option, agree to use specific items from his personal wardrobe
in accordance with a rental agreement set forth as a Rider to his contract. Minimum terms of
rental shall be based upon the schedule agreed to in writing between Equity and COST, which is
annexed to this Agreement and posted on the Callboard at each theatre. The rental payment
shall be made to the Actor with his weekly salary. With respect to garments not appearing on this
schedule, the rental will be negotiated to the mutual agreement of the Actor and the Producer.
(D) Clothing Rider. The Actor and Producer may, at the time the contract of employment is
signed, agree in writing on the specific wardrobe the Actor shall supply, which agreement shall
not be in conflict with the provisions of paragraph (A) above. If the Actor shall fail to supply said
wardrobe, he may be required by the Producer to pay for the rental of same or to make
arrangements for borrowing.
(E) Cleaning and Upkeep
(1) All costumes furnished by the Producer shall be clean when first issued and shall be
maintained by him, at the Producer’s expense, in a clean and sanitary condition. In the case
of a touring package, "first issued" refers to costumes furnished by the Producer at the
location of the first public performance. Subsequent Producers of the touring package shall
be responsible for maintenance and cleaning as prescribed below.
(2) Dry, clean shirts, blouses, stockings and skin parts shall be furnished to all performers by
the half-hour call before each performance.
(3) Costumes shall be cleaned as often as necessary but at least once in every two-week
period after the first public performance of the production. All costumes must be thoroughly
aired once a week. All parts of costumes which are used for dancing which make body
contact or are so close to body contact as to absorb body fluids must be cleaned once a
week.
(4) Whenever an Actor's costumes are not cleaned as specified above, the Producer at the
location where the infraction occurs shall pay a penalty of $5.00 per Actor with the Actor’s
weekly salary. Such penalty shall be due for each week the infraction continues.
(5) Actor's Personal Wardrobe Used in Production
(a) The Producer agrees to provide each week for the cleaning of each garment of the
Actor's personal wardrobe used in the production. For the purpose of this Rule, a
garment shall be defined as a suit, dress, overcoat, sport coat and slacks, skirt and
blouse, and like articles of apparel. Cleaning will be done by a bona fide professional
cleaning establishment and not by a coin-operated self-service machine cleaning
process. The Producer shall be responsible for any damage to the garment during the
cleaning process. However, the Actor may, by prior notice to the Producer before use of
the garment, in lieu of the above, arrange to provide for the cleaning of his own garments
used in the production. In that event, the Producer shall reimburse the Actor for such
cleaning upon presentation of a cleaner's bill. A schedule of prevailing rates shall be
posted at the Producer's theatre.
(b) During the last week of the Actor's engagement, the Producer agrees to pay the Actor
a sum equivalent to the prevailing rate in the community of the Actor's residence for the
cleaning of such garments used in the production.

COST 2015-2019 18
(c) The Producer agrees to repair, at his own expense, any damage not occasioned by
the Actor's negligence, to Actor's shoes, clothing, or properties used in the production,
reasonable wear and tear excepted.
(F) Costume Fitting(s)
(1) Prior to the beginning of rehearsals an Actor who has been contracted for the production
may be asked to consult with the costumer for measurements and/or fitting.
(2) The Producer shall reimburse the Actor for all public transportation costs to and from the
fitting. Should it be necessary for the Actor to use a private auto for transport to and from the
costume fitting, reimbursement shall be at the rate of the mileage allowance permitted by
Federal Income Tax regulations.
(3) During the rehearsal period prior to the initial opening of the production, each Actor shall
be allowed a maximum of one hour per week for costume fittings in addition to the regularly
scheduled rehearsal hours. Such time shall be used immediately prior to the beginning of a
scheduled rehearsal (after the required rest period) or immediately after the end of rehearsal
for said day.
(4) In lieu of costume fittings, the Producer may call a dress parade on any rehearsal day,
provided that 24 hours notice is given and further provided that said rehearsal day shall be
extended by no more than one hour and all required rest periods apply.
(G) Make-up. The Actor shall supply ordinary and conventional stage make-up. All other stage
make-up shall be supplied by the Producer.
(H) Change of Hair Color. The Actor may not be required to change the color of his hair unless
he agrees in writing at the time of signing of his contract and has been notified at the time of
audition of such potential change. If he agrees, the Producer shall pay the expense of changing
the color and of its upkeep during the run of the engagement, and of the restoration to the original
color at the close of the engagement.
(I) Change of Hair Style. The Actor may not be required to cut his hair in a manner that
changes the hair style, or shave his head, beard, moustache, or sideburns, unless he agrees in
writing at the time of signing his contract, and has been notified at the time of audition of such
potential change. If the Actor agrees, the Producer will assume the cost of making the change,
and maintaining it during the run of the production.
(J) Hairpieces and Wigs
(1) Beards and hairpieces furnished by the Producer shall be freshly cleaned when delivered
to the Actor and cleaned thereafter whenever necessary, but at least once every three weeks.
Lace on all beards, mustaches and hairpieces will be cleaned daily.
(2) No Actor shall be required to use a wig or hairpiece, including a facial hairpiece (beard or
mustache), which has been worn by another Actor, until the hairpiece or wig has been
thoroughly cleaned and properly fitted. After cleaning, hairpieces must be dried and aired prior
to issue to the Actor.
(3) Should the Actor and Producer agree in writing to use the Actor’s personal wig or
hairpiece, the Actor shall receive no less than the weekly rental fee stated in the “Clothing

COST 2015-2019 19
Rental” Addendum to this Agreement. The Producer shall be responsible for cleaning and
upkeep of the wig or hairpiece during the engagement.

14. CONTINUOUS EMPLOYMENT


Continuous employment of the Actor is of the essence of all employment contracts. Employment
thereunder shall begin on the date of the beginning of rehearsals or required date of arrival if earlier
(except as specified in Rule 50(A)(2) REHEARSALS) and shall continue until terminated as herein
provided, and not otherwise. In no case shall employment begin with a Day Off.

15. CONTRACT
(A) Changes and Alterations. The Actor has no right or power to waive any of the minimum
conditions set forth in the employment contract or other Rules without the written consent of
Equity. [See Rule 68, VOTING BY EQUITY COMPANY MEMBERS] Unless any and all riders,
changes, alterations, waivers or substitutions from or under these Rules made prior to, when, or
after the contract of employment is made shall have been consented to by Equity in writing; such
riders, changes, alterations, waivers or substitutions, or any part thereof, are void, at the option of
the Actor, Equity consenting. A copy of any letter from Equity to the Producer granting such a
concession shall be made a part of the Actor's contract and given to the Actor at the time of
signing of the contract or when the concession is granted, whichever comes later.
Anything in the foregoing to the contrary notwithstanding, should the Producer present to Equity
for approval, before signing, riders which do not waive or alter the minimum conditions of
employment as set forth in this Agreement, such riders shall be disapproved by Equity within five
business days after receipt thereof by Equity or be considered approved. Should the Producer
present such riders for approval after signing, then Equity shall notify the Producer within 10
business days of its disapproval; otherwise they shall be considered approved.

It shall be the duty of the Producer, not the Actor, to submit proposed changes to Equity for the
written approval of a duly authorized representative. At the option of Equity, no such riders,
changes, alterations, waivers or substitutions shall be admitted in evidence in any arbitration for
the disposition of any claim without the written consent of Equity.

The Producer agrees that all blanks including opening date, name of part, salary, and required
date of arrival, will be filled in before signing or delivery. Provided at least one role is specified on
the face of the contract, a Principal Actor may be given two "as cast" assignments, not including
Understudy assignments.
(B) Signing Of. Unless contracts are signed concurrently, they must be signed by the Producer
first. The Producer shall not require the Actor to sign a contract immediately upon presentation.
However, he may notify the Actor or his designated representative, in writing, that the signed
contract must be returned to him within a specified time period, which shall be not less than 72
hours, or it may be declared null and void.
(C) Emergency Contracts. In any instance where a contract cannot be presented to the Actor for
signature in accordance with the above, the Producer shall contact Actors' Equity for interim
procedures. A standard Equity contract must nevertheless be signed by the Producer and Actor
within 24 hours after the Actor's arrival at the theatre.

COST 2015-2019 20
(D) Quadruplicate Contracts. After entering into any employment contract, the Producer shall
file with Equity an exact quadruplicate copy thereof no later than 72 hours after receipt thereof by
the Producer. Should he not do so, the Actor may at any time, Equity consenting, terminate the
same without notice and the Producer shall pay to the Actor such amount as he may be entitled
to under the rules for a breach thereof.
(E) Term Contract. A Term Rider converting a Stock Jobbing or Resident Contract to a Term
Contract may only be signed if the Actor shall be paid during performance weeks a weekly Term
Increment of no less than 25% of the applicable minimum salary, plus any and all other additional
compensation as required under this Agreement. The period of such contract shall be for the
fixed period of the anticipated run of the production, and may include a guarantee in excess of
one week. [See also Rule 60 TERM RIDER, Rule 53(I) SALARIES, and Rule 61(E)
TERMINATION]
(F) Determination of Classification. Equity has the sole right to determine whether an individual
is correctly classified as a Principal, Chorus, Stage Manager, or Assistant Stage Manager, and
the Producer agrees that Equity’s determination will be final and binding.
(G) Attempted Breach. No Actor shall agree with a Producer, Employment Agent, Personal
Representative, or other Actor, and no Producer shall agree with any Actor, Employment Agent
or Personal Representative to cause or attempt to cause, or agree to permit, any breach of any
term of any employment contract.
Should any Actor engage in such conduct, he shall be subject to such disciplinary action as
Equity may determine.

Should any Producer be found by an arbitrator to have engaged in such conduct, said Producer
agrees that such conduct on his part shall be a breach of his employment agreement with Actors,
entitling any such Actors to recover from the Producer, Equity consenting, a sum equal to two
weeks' salary as liquidated damages, no present basis of calculation existing. The Producer
further agrees that upon such breach, his name may be posted on the Defaulting Employers List
at Equity.

In the event of a recovery of liquidated damages by or on behalf of the offending Actor, the same
shall be paid into the Actors' Equity Foundation.

16. CROSS-CONTRACTUAL PRODUCTIONS AND JOBBING TOURS


When a COST production is transferred to or from a location using a Contract or Agreement other
than a COST contract, Equity shall be consulted and determine conditions (without limitation)
consistent with that of continuous employment in order that Actor's benefits, salary and work rules
shall be protected in the transfer. [See ADDENDUM II]

17. DANCE CAPTAINS


(A) Dance Captain. Whenever there is choreography and/or musical staging in a production, a
Dance Captain shall be required and assigned no later than the first day of rehearsal. Producer
shall identify Dance Captain as such on the cast page.

COST 2015-2019 21
(B) In addition to his weekly contractual salary, an Actor performing the services of Dance
Captain shall be paid no less than 18% of the applicable minimum salary per week.
If an Actor is engaged solely as Dance Captain, he shall be paid no less than the Assistant Stage
Manager minimum salary. The Dance Captain shall not perform the duties of an Assistant Stage
Manager unless signed to a proper contract. Payment shall begin from the day of assignment.
The Stage Manager is prohibited from functioning as Dance Captain. The Dance Captain shall
not be required to re-choreograph at a conversion rehearsal in place of the Choreographer
without additional negotiated compensation.
(C) After the first public performance, the Dance Captain’s rehearsal hours may not exceed eight
per week. [See Rule 50(E) Rehearsals After the First Public Performance]

18. DAYLIGHT DAY OF REST, FULL DAY OFF, AND OTHER REST PERIODS
(A) There shall be a minimum of one scheduled Daylight Day of Rest in every week in addition to
the regular periods of rest allowed herein during rehearsal and at the close of each working day.
During such rest periods, the Actor shall not be required to perform, rehearse, or in any other
manner be at the disposal of the Producer. However, during the rehearsal period prior to the first
public performance, the Actor may travel to the theatre location on such designated Daylight Day
of Rest.
(1) Definitions. A Daylight Day of Rest means from the end of work on one day until 7:00 PM
of the following day. A Full Day Off, applicable only where specified, means 24 consecutive
hours in addition to the normal rest period required after a day of rehearsal and/or
performance. Subject to a 2/3-majority vote by secret ballot by the Equity cast, the cast may
be called as early as 5 pm. The call for a Daylight Day of Rest rehearsal may not exceed five
hours.
(2) During Rehearsals. Prior to the first paid public performance the Actor shall be entitled to
one Full Day Off with salary in each seven days of rehearsal, except for the last seven days
immediately prior to said first paid public performance of the production when only a Daylight
Day of Rest will be required.
In a rehearsal period of six days or less (for which a full week's salary is paid) no Daylight
Day of Rest shall be required.

If the rehearsal period is more than seven days but no more than 10 days, only a Daylight
Day of Rest shall be required during such rehearsal period.
(3) During Performance Weeks. Where a production runs for two weeks or more at a single
theatre, there shall be one Full Day Off in each week, except for the opening week during
which the 7:00 PM Daylight Day of Rest Rule shall apply. There shall be no required Full Day
Off during one-week engagements; the travel day is the first day of employment at the
receiving theatre.
(B) The scheduled Daylight Day of Rest, as defined, shall be posted on the Callboard of the
theatre. There shall be one week's notice of any change in the scheduled Daylight Day of Rest.
(C) There shall be a 12-hour rest period between the end of employment on one day and the
beginning of employment on the next day. There shall be no rehearsal except in an emergency

COST 2015-2019 22
on the day following a Full Day Off. [For exceptions see Rule 50(E)(1), 50(H); see also Rules
57(F), 58(G)]
(D) In no case shall employment begin with a Day Off. [See Rule 14]
(For breaks and rest periods during rehearsals or performances, see Rule 50, REHEARSALS or
Rule 43, PERFORMANCES)

19. DEFAULTING EMPLOYERS


Any Producer engaging any Actor represents that he is not in default under any agreement with
Equity at the time of such engagement, and that no contract has been entered into between said
Producer and Equity or any Actor, any breach of which remains unsettled or unliquidated.
No Actor shall work or be required by any Producer, without the consent of Equity, to work for any
person, co-partnership, corporation, enterprise, or group which has failed to abide by any arbitration
award or (where permitted herein,) any final determination of Equity, or which, through failure to meet
past obligations to Equity or Actors signed to an Equity contract, has been placed on Equity's
Defaulting Employers List; nor shall any Actor work for or be employed by anyone who is or has been
connected, either as an individual proprietor, general partner, associate producer, corporate director
or officer, or active stockholder with any defaulting Producer so specified, without the consent of
Equity.
Should a Producer remain in default of salaries or other monies due any Actors for a period longer
than one year, the Producer agrees that 5% interest, compounded annually, beginning one year after
the default and ending when the claim is paid, shall be added to and payable as part of said claim. If
an Actor is adjudged by Equity or an arbitrator to be in default to a Producer, interest will accrue on
said default in the same manner as above.

20. DEFINITIONS
(A) Actor. The term "Actor" shall refer to and include persons who are signed to Equity contracts,
including Stage Managers, Assistant Stage Managers and those engaged under Chorus
contracts.
The Producer agrees that the definition of the term “Actor” includes Stage Managers, Assistant
Stage Managers, Swings, Dance Captains and Understudies. It is expressly intended that Stage
Managers, all Assistant Stage Managers, Swings, Dance Captains, and Understudies employed
hereunder are entitled to benefits provided to Actors under a Conversion Rights or other similar
clause of any previous Equity Code or Contract. [See Rule 65, UNION SECURITY]
(B) Principal Actor. The term "Principal Actor" shall include all performers hired on Equity
contracts other than those engaged on Chorus contracts and/or engaged to perform Chorus
work.
(C) Chorus. The terms "Chorus", “Chorus Actor” "member of the Chorus", and "Actor engaged
under a Chorus contract" shall include those engaged under Chorus contracts and/or actually
performing Chorus work, as may be determined by Equity.
(D) Stock Theatre. A Stock Theatre is a Theatre, which presents consecutive productions of
different plays not in repertory with no lay-off or hiatus between productions. Such productions
will run no longer than eight weeks at any one theatre. Should the Producer desire to continue

COST 2015-2019 23
the production beyond the eight-week limitation, said Producer will give Equity at least two
weeks’ notice of such desire and Equity will notify the Producer of the conditions under which
said extension will be permitted. Stock Theatres shall not be permitted within the cities of New
York, Los Angeles, Chicago or San Francisco without the permission of Equity.
(1) Resident Company. A Resident company is defined as one which employs no fewer than
six Principal Actors on Resident Contracts for Stock and whose employment continues for at
least two consecutive productions without hiatus.
(2) Non-Resident Companies. Equity will automatically classify as Non-Resident Companies
those Theatres, which do not maintain a Resident Company as defined. However, without the
consent of Equity, this Non-Resident classification will apply only during the months of May,
June, July, August and September, except where the Theatre is a member of COST.
If a Stock Theatre is classified as a Non-Resident Company, all provisions of the Agreement &
Rules Governing Employment in Non-Resident Stock shall apply.
(E) Loss Of "Stock Theatre" Status, Effect Of. If, as, and when the company ceases in any
respect to be a Stock Theatre (as above defined) or becomes in any way a company which does
not comply with the whole of the definition of a Stock Theatre, then Contracts of Employment,
excepting the arbitration clause, shall cease to be binding upon the parties and in lieu thereof, the
parties hereby agree to substitute and do hereby substitute "Actors' Equity Association Standard
Minimum Production Contract", except for the following Rules: COMPANY TERMINATION
AFTER FIRST PAID PUBLIC PERFORMANCE, TERMINATION BEFORE OR DURING
REHEARSALS, REHEARSALS OUTSIDE ORGANIZATION POINT, JOINING COMPANY ON
TOUR, REHEARSALS LOST, REHEARSAL DISCONTINUED OR PLAY ABANDONED, with all
blanks and signatures except for the name of the town and date of commencement of term
(which latter shall be the date when the company ceases to be a Stock Theatre), filled in the
same as in the original contracts of employment (together with any additions thereon over and
above minimum terms) in place of said original contract; said substitutions to be effective
forthwith when the company ceases to be a Stock Theatre as herein defined.
Should the Producer, as required by the definition of a Stock Theatre fail to follow the first
production with a second as herein specified, the substitution provided for above shall be
effective as of the date when the original Contract of Employment is entered into. The terms of
said Standard Minimum Production Contract in its entirety shall apply from said date, and the
Producer shall reimburse and compensate the Actor accordingly.
(F) Resident Contract for Stock. An Actor engaged to perform as a part of the Resident
Company shall be signed to a Resident Contract for Stock. Employment shall commence on the
date the Actor is required to report to the theatre, and shall not be terminated until the close of
the season except as provided in Rule 61, TERMINATION.
(G) Stock Jobbing Contract. An Actor engaged to perform in Stock in a single production (other
than a Unit Attraction) shall be signed to a Stock Jobbing Contract. The Actor shall be so signed
regardless of the length of run of said production.
(H) Touring Production
(1) Package. A Package shall be defined as a production in which substantially the same cast
performs in more than one Stock theatre (under consecutive Stock Jobbing Contracts)

COST 2015-2019 24
utilizing essentially the same direction and choreography. Re-blocking to accommodate arena
or proscenium stages shall not be considered as essentially affecting the original direction.
(2) Unit Attraction. A Unit Attraction is a touring production utilizing a single employment
contract (a Unit contract for Stock), consisting entirely of performers under Equity contract and
performing at two or more Stock theatres.
The Unit Attraction will be permitted to tour to non-Stock theatres only during the months of
June, July, August, and September for a maximum of three weeks during said months,
provided that the Production minimums shall apply in such non-Stock theatres and the dollar
difference between Stock Non-Resident Dramatic minimums and the Production minimums
shall be added to the contractual salary of each Actor.
(I) Place of Engagement. The theatre location may not be designated as the place of
engagement except where the Actor's bona fide residence prior to auditioning is in the vicinity of
the theatre.
(J) Part. The term “part” shall mean each character, specialty, or function for which the Actor is
responsible.
(K) Role. The term “role” shall mean the sum of the parts, specialties, functions and assignments
for which an Actor is responsible.

21. DEPUTIES
Deputies of Equity shall be permitted in each company. Whenever a Chorus is employed, there shall
be Deputies for Chorus Singers and Chorus Dancers in addition to a Deputy for Principal Actors.
(A) Deputies of Equity must be elected and functioning at all times in each Stock Company.
(B) At the discretion of the Stage Manager, the Deputy election shall take place no earlier than
the end of the first day of rehearsal, but in no event later than the beginning of the fourth day,
provided the full complement of Actors in the category is present, and shall not interfere with any
scheduled rehearsal.
(C) Rehearsal may be extended no more than 15 minutes to compensate for the time used for the
election.
(D) Only Equity cast members and Stage Management shall be present at the election of the
Deputies, which shall be conducted by the Stage Manager.
(E) In the event the Deputy leaves the company for whatever reason, an election to replace him
must be held immediately.
(F) After any Deputy election the appropriate Equity Office shall be immediately notified of the
results of said election by the newly-elected Deputy, preferably by telephone.

22. DISCRIMINATION FOR UNION ACTIVITY


The Producer shall not dismiss or otherwise penalize any Deputy or Actor for fulfilling the Actor’s
duties or obligations as a Deputy or as an Equity member.

COST 2015-2019 25
If a Deputy or an Actor claims to have been terminated for alleged union activity, the Producer will
furnish the reasons for such termination to both the claimant and Equity at the written request of
either.
Any Actor who claims that the Producer has given him notice or otherwise penalized him for fulfilling
his duties as an Equity member may present his case to Equity which shall give the Producer an
opportunity to be heard if he so desires. If Equity is satisfied that such activities are the real cause of
dismissal or of any penalty, it may permit the Actor's claim to be arbitrated and shall have the power
to determine the character and the amount of the claim to be submitted.
Whenever an Equity Deputy is dismissed or otherwise penalized, Equity shall investigate the reasons
for such dismissal or penalty. If Equity is satisfied upon investigation that said Deputy was dismissed
or otherwise penalized for fulfilling his duties or obligations as a Deputy, Equity shall have the right to
permit arbitration of the Deputy's claim and to determine the character and amount of the claim to be
submitted.
It is further agreed that if, upon arbitration, the claim of the Actor or Deputy is sustained, the arbitrator
in his discretion shall have the right to impose a penalty, the amount of said penalty to be determined
by the arbitrator. Said Actor or Deputy in such event shall also be reinstated with back pay from date
of dismissal to date of reinstatement.

23. DUTIES OF THE ACTOR


(A) No Actor shall be required to perform duties other than those for which he is properly
contracted under an Equity contract.
(B) The Actor agrees to:
(1) Be prompt at rehearsals and transportation calls;
(2) Attend all rehearsals as required;
(3) Appear at the theatre no later than one-half hour prior to the performance;
(4) Pay strict regard to make-up and dress;
(5) Care properly for his costumes and props;
(6) Perform his services as directed;
(7) Respect the physical property of the production and the theatre, and abide by all
reasonable rules, regulations and schedules of the Producer which are not in conflict with this
Agreement;
(8) Refrain from removing any property from the show or theatre without the express
permission of the Producer;
(9) Refrain from using or being under the infulence of alcoholic beverages and impairing
drugs during rehearsals, Half-Hour, performances, and while traveling in the company vehicle;
(10) Abide by all rules and regulations of Equity and not alter, omit, or change them in any
way.

COST 2015-2019 26
(C) In all cases where an infraction of the Actor's duties as listed above is alleged, a prompt report
of the infraction shall be made to Equity and the Actor prior to the imposition of any penalty upon
the Actor.
(D) Lateness For Rehearsal or Half-Hour. For any unexcused Actor lateness for rehearsal or
Half-Hour (not caused by the negligence or failure of Producer-provided transportation and
excepting extraordinary circumstances), the Producer may dock the Actor’s Salary as follows:
(1) During the rehearsal period: $6.00 per quarter-hour or part thereof;
(2) For lateness to rehearsal after first paid public performance: $6.00 per quarter-hour or part
thereof;
(3) For lateness to half-hour of a performance: one-sixtieth of contractual salary for each half-
hour or part thereof.
An official and accurate clock will be designated.
It is understood that this will not affect the Producer’s right to send an Actor home without
performing and reduce salary accordingly. However, if Producer does send Actor home, Producer
cannot also deduct the lateness penalty.
The Producer shall ensure a consistent and uniform application of this provision.
Without limiting the Producer's remedies, lateness or other infractions of the Equity rules can
subject the Actor to disciplinary proceedings by Equity. The foregoing shall not limit other
remedies available to the Producer, or disciplinary actions by Equity.

24. EQUAL EMPLOYMENT OPPORTUNITY, NON-DISCRIMINATION, AND NON-TRADITIONAL


CASTING
Affirmation
The parties hereto affirm their commitment to a policy of equal employment opportunity designed
to promote a positive model of diversity and the elimination of discrimination in theatre.
Consistent with the foregoing, it is the intention of the parties that the casting of plays and the
hiring of Stage Managers be conducted in such a manner as to provide equal employment
opportunities to Actors of all ethnicities (including but not limited to African American, Asian/Asian
Pacific American, Hispanic American, Native American, multi-cultural), women, seniors, and
Actors with disabilities.
The Producer agrees that the casting of all productions will be conducted in such a manner as to
provide full and fair consideration to Actors of all ethnicities (including but not limited to African
American, Asian/Asian Pacific American, Hispanic American, Native American, multi-cultural),
women, seniors, and Actors with disabilities. Unless otherwise textually indicated, all parts/roles
shall be open to all Actors without prejudice. This shall be evident in all casting notices, calls and
cast breakdowns in order to insure full participation in the casting process.
It is the intent of the Producer and Equity that casting for all roles shall be made without regard to
race, color, creed, national origin, gender, gender identity and/or expression, sexual orientation,
political persuasion or belief, age or disability. It is the desire of the parties that the stage reflect a
multi-cultural society. In furtherance of this policy, and with due regard for the requirements of
and suitability for a job, and with the understanding that there can be no interference with the

COST 2015-2019 27
contractual rights or artistic discretion of the Playwright, Director or Choreographer, the Producer
shall endeavor to hire Actors of color, women, seniors and performers with disabilities.
(A) Non-Discrimination
(1) The Producer shall not practice discrimination against any Actor on the basis of race,
color, creed, national origin, gender, gender identity and/or expression, sexual orientation,
political persuasion or belief, age or disability of such Actor.
(2) The Actor shall not be required to perform in any theatre or other place of performance
where discrimination on the basis of race, color, creed, national origin, gender, gender identity
and/or expression, sexual orientation, political persuasion or belief, age or disability is
practiced against any actor or against any patron as to admission to or seating in such theatre
or other place of performance.
(B) Non-Traditional Casting
(1) The parties hereto affirm their commitment to an inclusive casting policy known as Non-
Traditional Casting. Non-Traditional Casting is for the purpose of increasing employment for
Actors of color, women, seniors and performers with disabilities, and is defined as the casting
of such performers in roles where race, gender, age, ethnicity, or the presence or absence of
a disability is not germane to either the play or the character's development.
(2) In furtherance of this goal, the Producer agrees to make a determination of non-traditional
casting opportunities, taking into consideration any suggestions made by Equity, and to
identify for use in all published casting notices and in the Producer's announcements to
agents and casting directors roles available for non-traditional casting and to actively solicit
the participation of Actors of color, women, seniors and performers with disabilities.
(3) The foregoing constitutes an expression by Equity and the Producer of their desire to
encourage and promote inclusive employment practices.
(4) The Producer agrees to encourage all Directors, Choreographers, Musical Directors and
Casting Consultants in the Producer’s employ to cast in accordance with the policy outlined in
this Rule. Furthermore, the Producer will provide a statement of this non-traditional casting
policy to his Directors, Choreographers, Musical Directors and Casting Consultants.
(C) Performers With Disabilities
(1) When a role to be cast depicts a person with a disability, the Producer shall include this
information in the casting specifications and, at the same time, shall notify Equity of such
specifications so that performers with a comparable disability may be informed and given the
opportunity to audition for the role. Producers will make a reasonable effort to cast a role
depicting a person with a disability with a performer with said, or a comparable, disability.
(2) All auditions will be held in premises which are architecturally accessible for performers
with disabilities. If auditions cannot be held in premises that are architecturally accessible, the
Producer shall, upon 48 hours’ notice by either Equity or a performer with a disability who
wishes to audition, arrange for an appropriate audition facility.
(3) When a deaf performer is sought or a deaf character is being cast, the Producer shall
provide, during the audition, a qualified interpreter for the deaf (one qualified or certified in
sign language or oral interpretation).

COST 2015-2019 28
(4) All audition material provided by the Producer shall, upon request, be made available to
performers who are blind or have low vision at a place to be designated by the Producer at
least 48 hours in advance of the audition.
(D) Script Review
(1) Prior to the commencement of casting for the season, the Producer shall furnish any new
scripts to be produced during the season to Equity. Where there is no completed script, the
Producer shall submit a concept summary of the proposed show or a cast breakdown to
Equity. After having read the script, Equity shall submit to the Producer an advisory list of
those roles in which Actors of color, women, seniors and performers with disabilities might be
cast.
(2) It is understood that the script is delivered confidentially and is not for publication, and that
the list of roles submitted by Equity is advisory, not mandatory, that the recommendations are
confidential and disclosed solely to the Producer or his representative (the Director,
Playwright, Choreographer or Casting Director). It is further understood that the Producer,
Playwright, Director, Choreographer or Casting Director shall have the opportunity to discuss
the script and the possibilities for non-traditional casting related thereto with Equity.
(E) Records. The Producer will maintain for each production records of Actors of color, women,
seniors and performers with disabilities auditioned, interviewed or hired and will forward such
records to Equity within 30 days of the final performance of the season. Equity will provide the
applicable form. The current form shall not be changed without COST’s approval.

25. EQUITY: SPECIAL PROVISIONS


(A) Benefits. Actors may rehearse for and play in Equity benefits.
(B) Meetings; Privilege of Actors to Attend. The Producer shall not schedule rehearsals nor
require the services of the Actor for rehearsals at any time when a regularly called meeting of
Equity is being held within a radius of 25 miles of where the Actor is rehearsing or performing,
except in cases where Dress Rehearsals or rehearsals on the opening date are being held. Time
off for this purpose shall not be counted as part of that day's rehearsal.
(C) Special Power to Act for Actor. Equity may represent Actors in any dispute which may arise
with the Producer; and Equity may, at all times, represent Actors in relation to any matter arising
under any employment agreement, and when any act, request, or consent of any such Actor is
provided for in such agreement, the request, consent, or approval of Equity shall, for all
purposes, be deemed the consent, request, approval, or act of the Actors.
Whenever it is provided in any employment contract that any act or thing may be done by an
Actor at the option of, with the consent of, or at the request of Equity, or on the demand of, or with
the consent of such Actor, Equity, representing the Actor, has and is given the authority to act for
and in place of the Actor and to assert his position or make his request or demand, as the case
may be, with all of the power and authority of the Actor himself, without liability to Equity.

In all cases where, by virtue of any employment contract, the consent or approval of Equity is
required, Equity has and reserves full discretionary power to give its consent to change, modify or
limit rights of any Actor under his contract. Said action shall be taken on behalf of the Association

COST 2015-2019 29
in writing by either the President or the Executive Director, or by one of the executives authorized
by either of said officers to act.
(D) Equity Powers. Should there be any conflict between any rules or any basis for more that
one interpretation as to the meaning of any of them, the Council of Equity has the right to
determine the correct interpretation or resolve the conflict, and its decision shall be binding upon
Equity and the Actors.
(E) Representatives. Duly authorized representatives of Equity shall have free access to the
stage and to all Actors at all times, inclusive of rehearsals and performances.
(F) Oral and Written Interpretations. Oral or telephone rulings made by Equity are not binding
upon the Association or, except with its consent, upon Actors. Written rulings or interpretations of
either the employment contract or this Agreement must be either approved by, or given by, the
President or the Executive Director or by one of the executives authorized by either of said
officers to act. Such rulings or interpretations shall be binding upon the Association only when
said persons act within the powers delegated to them by the Council of Equity. Oral rulings shall
be confirmed in writing.

26. EXCLUSIVE SERVICE OF THE ACTOR


Except as otherwise provided for in the contract of employment, the Actor shall not accept any other
engagement in the legitimate and/or musical comedy fields from the date of beginning of rehearsal
and until said contract is lawfully terminated, without the written consent of the Producer. The Actor
shall, however, have the right to accept other employment not conflicting with the fulfillment of his
duties under said contract.
If the Actor is a star or featured player in the production covered by said contract, he may enter into a
written agreement to be annexed to said contract, agreeing not to accept any other employment and
to render his services exclusively to the Producer and not to render services to any other person or
corporation without the written consent of the Producer.

27. 401(K) PLAN DEFERRAL


The Actor shall have the option to contribute to the Equity-League 401(k) Plan. The Producer agrees
to make salary deferrals, as directed by the Actor, and remit same to the Plan. No contributions shall
be required of the Producer. The Producer further agrees to be bound by the Agreement and
Declaration of Trust establishing the Equity-League 401(K) Plan, including all its rules and regulations
and any and all amendments and modifications thereto that may be adopted by its Trustees during
the term of this Agreement.

28. HEALTH FUND


For the duration of this Agreement, the Producer agrees to transmit the following sum (which includes
Supplemental Workers’ Compensation Insurance) to the Equity-League Health Trust Fund per week
for each week or part thereof of the Actor’s employment (rehearsal and performance):

Effective date
12/28/15 $180*

COST 2015-2019 30
* At any time during the term of this Agreement, the Union may instruct the Employer in writing to pay
a lower health contribution. The Employer shall then pay such lower health contribution to the Health
Fund as of the date directed by the Union, and shall increase the minimum salary of all categories by
80% of the reduction in the health contribution.
[See also Rule 53, SALARIES and Rule 31, INJURY AND SUPPLEMENTAL WORKERS’
COMPENSATION INSURANCE]
These monies shall be used to provide health benefits and supplemental workers’ compensation
insurance for the Actor.
The Producer agrees to provide supplemental workers’ compensation insurance supplementing
Workers’ Compensation Disability benefits through a group policy administered by the Equity-League
Trust Fund at benefit levels not less than those existing on July 1, 2000. All health rates listed above
are inclusive of the contribution for Supplemental Workers’ Compensation Insurance.
The Producer further agrees to be bound by the Agreement and Declaration of trust establishing the
aforesaid Health Trust Fund, including all its rules and regulations and any and amendments and
modifications thereto which may be adopted by its Trustees during the term of this agreement.

29. HOUSING AND LOCAL TRANSPORTATION


(A) Housing
(1) It shall be the Producer's obligation and responsibility to locate and reserve suitable living
accommodations at no cost for all Actors employed who reside overnight away from Actor’s
place of residence which is outside a 50-mile radius of the theatre. The Producer will ensure
that there are reasonable accommodations when a performer with a disability is engaged.
(2) Each Actor is entitled to a private room with access to kitchen facilities, and no Actor may
be required to share a room. Kitchens must include stove, refrigerator, sink, toaster oven (or
oven), microwave, and necessary utensils for eating and cooking.
(3) Non-Touring Productions. When a production is produced for a single location
engagement, and the Actor will be resident in one location for no less than four weeks, and
Actor’s free housing provides kitchen facilities, then the Producer will have no obligation to
pay per diem. Should an Actor’s housing not provide access to kitchen facilities, then the
Producers will pay the applicable per diem as specified in Rule 53, SALARIES.
(4) No later than one week before the Actors' arrival at the theatre, the Producer shall supply
to each member of the cast to be housed a list of amenities expected to be available at the
time of arrival. Listed accommodations shall be those which the Producer and/or his
responsible representative have personally inspected immediately prior to the beginning of
the season.
The accommodations listed must be described as to availability of equipment (such as
telephone, kitchen, TV, etc.), services, presence of animals, children, types of beds, distance
from the theatre, availability of public transportation, smoking or non-smoking, and proximity
of shopping and laundry services. The Producer may transmit said list to the Actors directly or
through the Advance Stage Manager.

COST 2015-2019 31
The Actor shall be informed of his assigned housing no later than 48 hours prior to arrival at
the theatre.
(5) Not later than two weeks prior to the beginning of the season, The Producer must supply
Equity with a copy of the list of accommodations which may be available for offer to the
Actors, and shall notify Equity of additions or changes in the available housing near his
theatre as is necessary.
(6) Should the accommodation prove not reasonably to conform to the description on the
housing list or to the minimum housing standards as set by Equity, or is not in substantial
compliance with the Actor's immediate health requirements as specified in advance by him,
the Producer shall assist the Actor in seeking out and moving to an alternate location.
Such change of lodging shall not alter the Producer's obligation for the Actor's transportation
pursuant to (B) of this Rule. The Actor shall not make such change at any time that will
interfere with a rehearsal called by the Producer and the time so occupied shall not be
counted in determining Overtime.
(7) Arrangements for living accommodations shall not be the responsibility of Stage Managers
and/or Assistant Stage Managers who may, however, act as the means of communication
between the Actors and the Producer.
(8) The Producer warrants and guarantees that the living accommodations described on the
housing list secured for the Actor will be clean, sanitary and reputable and meet the Equity
standards for Actor housing. [See Addendum III] Such accommodations shall include
bedding, bed linens, towels, etc., which shall be freshly laundered when first provided (and re-
laundered weekly if laundry facilities are not available in the housing facility). If housekeeping
is not provided, cleaning supplies shall be made available at no cost to the Actor. Cooking
and eating utensils shall be furnished.
(9) High-speed internet access in accommodations used for more than one week shall be
available at no cost to the Actor.
(10) The Producer shall not be responsible for the room and board of relatives or pets
(except where the relative is traveling as guardian of a Minor-Age Actor, as required under
Rule 35, MINOR-AGE ACTORS) or for damages caused by them. Actors' pets shall not be
permitted on the theatre premises.
(11) At the request of the Actor, the Producer will make a reasonable effort to provide a list
of day care centers, baby-sitters, nursery schools, pediatricians and housing suitable for
children.
(B) Local Transportation
(1) In all cases where there is no available public transportation (public transportation shall not
mean public conveyance for private hire such as taxis) the Producer shall, at his own
expense, furnish round-trip transportation to the Actor for all performances and rehearsals as
the case may require, in accordance with a schedule pre-arranged by the Producer. The
Producer will furnish transportation for Actors with disabilities and for Actors 65 years of age
and over if housing is more than one-quarter mile from the theatre, and for all Actors in the
event of inclement weather or in the event that the Actors are required to use roadways after
dark. This transportation shall be furnished in such manner that the Actor will arrive at the

COST 2015-2019 32
theatre one-half hour prior to the beginning of each performance, promptly for each rehearsal,
and shall be available to return the Actor to his living quarters no later than one-half hour after
each performance and promptly after each rehearsal. In all cases where there is no available
public transportation, and if cooking facilities are not available to the Actor and if no suitable
and moderately priced public dining facilities where the Actor can obtain three meals a day
during normal meal hours are located within one-half mile by normal transportation routes of
the Actor's lodging, then the Producer shall, at his own expense, provide reasonable round
trip transportation to such dining facilities.
(2) All transportation required may be furnished in a "Company" or "Cast" car (and they may
be the same vehicle). Each car shall be properly insured, operated by a properly licensed
driver, and each Actor shall be provided with his own seat in the car. The car shall be in good
repair with functioning heating and ventilating equipment and shall be equipped with
functioning modern safety devices. It is further stipulated that such "Company" and/or "Cast"
car will be covered by $1,000,000/$2,000,000 liability. If used for required transportation to
and from the theatre or as specified in (5) below, adequate gasoline will be provided for such
transportation.
(3) All Actors provided housing by Producer shall have reasonable access to a "Company" or
"Cast" car (and they may be the same vehicle).Each car shall be properly insured, operated
by a properly licensed driver, and each Actor shall be provided with his own seat in the car.
The car shall be in good repair with functioning heating and ventilating equipment and shall be
equipped with all functioning safety devices required at the time of the vehicle’s manufacture.
It is further stipulated that such "Company" and/or "Cast" car will be covered by
$1,000,000/$2,000,000 liability.
(4) The Actor must be notified in writing at the time of signing his contract if public
transportation to a diversified shopping area and suitable dining facilities is not accessible to
the theatre and/or housing.
(5) The Producer shall provide round-trip transportation for each Actor and Stage Manager
once a week at posted times to an area of diversified shopping, including a bona fide
supermarket, drugstore, and laundromat, if such facilities are further than one-quarter mile
from the Actor's lodging. Due consideration shall be given to the Actor’s convenience when
scheduling these trips.
(6) Anything in the foregoing to the contrary notwithstanding, it shall be the Producer's
obligation to see that the Actors are returned to their lodgings after dark, provided the Actor is
ready at the designated time.
(7) When a theatre is located within 25 miles of a major city, and when the Actor is a
permanent resident of that city, if there is no public transportation to and from the city within
one-quarter mile of the theatre, the Producer shall be obligated, at his own expense, to
provide private round-trip transportation to and from the theatre and some convenient central
location within the city.
When a Minor-Age Actor is employed, the Producer shall provide a responsible person to
supervise the Minor-Age Actor during required Producer-provided transportation until the
Minor-Age Actor is called for by a responsible parent or guardian.

COST 2015-2019 33
(8) Whenever or wherever a member of the Stage Managerial staff's schedule is different from
that of the Actors', the Producer shall provide separate transportation to and from meals and
lodgings.
(9) When suitable accommodations are available within two miles by normal transportation
route, but the Actor elects to go beyond that area, then the Producer shall not be obligated to
furnish transportation. In determining the suitability of any accommodation, due consideration
shall be given as to whether the cost is commensurate with the Actor's salary.
(10) When the Actor arrives at the station of the theatre's location at a time specified by the
Producer, said Producer shall provide transportation to the Actor's lodging. It is understood
and agreed that the Actor shall be met at the time specified and, except in cases of extreme
emergency, shall not be expected to wait more than one-half hour.

30. ILLNESS AND SICK LEAVE


(A) Salary Payment. If the Actor cannot perform on account of illness, injury, or any other valid
reason, then he shall not be entitled to any salary, except as provided in (B) or in Rule 31,
INJURY AND SUPPLEMENTAL WORKERS’ COMPENSATION INSURANCE, for the time during
which said services shall not, for such reason or reasons, be rendered. [See Rule 61,
TERMINATION for termination of contract due to illness or injury]
(B) Sick Leave. Each member of the company shall accumulate one day's sick leave with salary
for each 28 days (four weeks) of employment for the same Producer or in a Package. "Packages"
in this case include weeks accumulated on consecutive Jobbing Contracts, not necessarily for
the same Producer, or not necessarily consecutive employment. Sick leave may be accumulated
up to a maximum of six days. In the event the Actor has accumulated such sick leave, he shall be
paid for each day of illness up to the amount of his accumulated time. If questioned, the validity of
the illness shall be determined by a committee consisting of the applicable Deputy, Stage
Manager, Company Manager and a physician provided by the Producer, and such determination
shall be final and binding on the Actor and Producer.
Should the Actor who is employed by a Producer in a Unit Attraction or at a single location
become ill and be docked for a missed performance prior to accumulation of any sick leave, upon
his subsequent accrual he will be reimbursed for those performances docked in accordance with
the accumulation he has earned.

31. INJURY AND SUPPLEMENTAL WORKERS’ COMPENSATION INSURANCE


(A) Workers’ Compensation. The Producer agrees to obtain and maintain Workers’
Compensation Insurance coverage for all Actors in his employ.
(B) Salary Continuance Insurance. The Producer agrees to provide payments supplementing
Workers’ Compensation benefits through a Supplemental Workers’ Compensation Plan
administered by the Equity-League Health Trust Fund. [see Rule 28]
(C) Injury/Illness Report. The Producer agrees that the Stage Manager shall forward to Equity
(copy to the Producer) a weekly injury/illness report on a form supplied by Equity.

COST 2015-2019 34
32. LAWS GOVERNING
All contracts of employment shall be construed by and shall be subject to the laws of the State of New
York and all the rights of the parties thereto shall be determined by said laws, except as may
otherwise be expressly provided. Any rule illegal in any State or City shall not be binding therein. Any
illegality in any rule or agreement shall not affect any other rule or agreement.

33. MEDIA: RECORDING AND BROADCAST


(A) Except as provided below, there shall be no televising, broadcasting, visual and/or sound
recording, motion picture filming, videotaping, other mechanical, electronic, or evolving digital
means or other substantially similar current and evolving methods of recording (hereinafter
“Recording”) in whole or in part, of any production, including rehearsals, in which Actors are
employed under the terms of this Agreement without the express permission of Equity and under
terms and conditions established by it. This prohibition shall be in effect from the beginning of
employment until 16 weeks after the production has closed. Any requests to Record or
broadcast, in whole or in part, any production beyond the following provisions shall be submitted
in writing by the Producer to Equity as promptly as possible in advance of the effective date of the
Recording or broadcast of the production. Failure to comply with this requirement justifies Equity,
in addition to all its other rights, to refuse permission.
If Equity consents to any Recording, each member of the cast, including Stage Managers, shall
receive no less than one week's contractual salary, in addition to any other fee, payments, terms
and conditions negotiated by Equity and the Actor, except that cast albums may be made under
the provisions of the Original Cast Album Rider (see (I) below). In the event permission to
broadcast or Record has been granted, a copy of the letter from Equity authorizing such activity
shall be posted on the Callboard of the theatre.
Recordings may not be used for note sessions with Actors, as a replacement for rehearsals, or to
discipline Actors.
(B) Three-Minute Excerpt. A Recording may be taken of the production only for the exclusive
use on a newscast review of the production or a featured story on the production contained within
the news program and only under the following conditions.
(1) During a Rehearsal
(a) Recording and interview session shall not exceed one-half hour of the rehearsal.
(b) The Stage Manager shall file a report with Equity giving the time utilized for the
Recording and interview session. Said report shall be initialed by the Deputy.
(c) Upon contemplation of Recording during a rehearsal, the Producer shall make every
reasonable effort to give the cast 24 hours' notice, to schedule only three Recording
sessions during which all stations must do their Recording, and to notify the cast of any
change in the time of the Recording, or any re-scheduling of same.
(2) At a Performance
(a) Only one-half hour may be Recorded.
(b) If possible, the cast will be given 24 hours' notice.

COST 2015-2019 35
(c) When Recording is to be done, the cast must be given notice at the half-hour call.
(d) There shall be no Recording where there is any interference with the Actors (e.g., the
requirement for additional lighting or the movement of equipment).
(3) No more than three minutes of any Recorded portion of the performance or rehearsal shall
be shown on the news broadcast. Such three-minute recording must not contain an entire,
self-contained number or scene.
(4) No payment shall be required provided that no payments are made to any other personnel
employed in the production.
(5) A Stage Manager signed to an Equity contract is required to be present at every
Recording under this paragraph (B).
(6) For any violation of this paragraph (B), other than violations of unauthorized subsequent
uses of the Recording, the Producer shall pay one week's contractual salary to each Actor
whose rights have been breached hereunder. Such payments shall not preclude any right in
law or equity, civil, or criminal, that may arise under a breach of this paragraph (B), which the
Actor has against the Producer or any third party.
(C) The provisions above shall also apply to a radio broadcast.
(D) Advance News Rule Recording. The Producer may Record Advance News Rule footage,
provided that Producer adheres strictly to all the terms and conditions of Rule 33(B), in order to
be able to supply footage to outside media companies which cannot, for whatever reason, supply
their own crews to take such footage. The Producer will advise all media to whom the footage is
supplied of the terms and conditions outlined in this Agreement under which the airing of such
footage is governed. The Producer will be limited to one such Recording per production and
remains liable for any claims resulting from any misuse of such footage.
(E) Websites. Up to a total of five minutes of rehearsal and/or performance footage (which may
depict an entire scene or musical number) may be used, without additional compensation, except
as expressly provided in this Rule 33(E), as follows:
(1) On websites of the Theatre (including pages on third-party hosting sites e.g., Facebook);
not-for-profit arts and tourism-related agencies of the city, county, state and intra- and inter-
state region in which the Theatre is located; local Rotary, Chamber of Commerce and local
not-for-profit "booster" organizations; and the Theatre Communications Group, American Arts
Alliance, and other non-for-profit Arts service and Arts promotion organizations, provided the
Actor shall be fully advised as to all potential users and must give his consent in writing;
(2) On websites of sponsors and/or supporters of the Theatre, provided:
(a) The Actor's likeness is used solely to acknowledge the sponsorship or support and is
not in any way used directly or indirectly to endorse the sponsor or a specific product of
the sponsor;
(b) The footage is on a separate page from any product promotion or advertisement;
(c) The Producer shall receive separate permission from the Actor, specific to the
sponsor/supporter website, which permission shall not be a condition of employment. The
Actor shall be fully advised as to the names of sponsors and supporters and the specific
web site usage. Permission shall be limited to the specific sponsors named and footage

COST 2015-2019 36
shall not be given later to a different sponsor. Permission shall be granted in each case
for no more than two years from the time such permission is granted. The Actor may
negotiate a lesser time period;
(d) The Producer shall indemnify the Actor against any breach of an Actor exclusivity
clause when such breach is a result of the use not authorized by this Rule, 33(E).
(3) Recordings from a Theatre’s previous productions shall identify the year or season in
which the production appearing in the Recording occurred.
(F) Press Reels. Producer can use clips of up to a total of three minutes of performance and/or
rehearsal footage (of which no continuous sequence shall exceed 30 seconds) for each
production included on the Press Reel. Total clip use on press reels shall not exceed fifteen
minutes.
(G) Fund-raising, Grant Award and Prize Applications. An edited recording which may
constitute up to 25% of a production, but in no case more than 15 minutes, may be made for
these purposes and may depict an entire scene or musical number. These recordings shall be
encoded with warnings at regular five-minute intervals that state the following: THIS FOOTAGE
IS FOR FUND-RAISING, GRANT, PRIZE, OR AWARD APPLICATION PURPOSES ONLY AND
MAY NOT BE SCREENED FOR ANY OTHER PURPOSE. UNDER NO CIRCUMSTANCES MAY
THIS FOOTAGE BE DUPLICATED. Any recording made under this Rule must also include the
Equity logo and identify that Actors in the production are members of Actors’ Equity Association.
(H) Spot Commercials. Equity will permit the Actor to make a Spot Commercial of one minute or
less in duration promoting the Theatre or production, if no less than the applicable SAG-AFTRA
minimum is paid the Actor. If a commercial is made from still photographs of persons in the cast,
each Actor contained within the photograph, whether recognizable or not, shall receive no less
than the applicable SAG-AFTRA minimum.
When a Stage Manager or Dance Captain is required to do any work other than performance in
connection with a Commercial, the Producer shall pay said Actor no less than the applicable
SAG-AFTRA on-camera Principal minimum in addition to payments required if the Actor also
performs.
(I) Cast Albums. Cast albums may be made under the provision of the Cast Album Rider (see
Addendum IV). The Producer agrees that any Actor who sings or verbalizes in the production in
any number, plus the Stage Manager, shall be employed on the appropriate SAG-AFTRA
contract for the Recording of said album and shall receive no less than one week’s contractual
salary or the prevailing Production Contract Minimum, whichever is greater, for each day or part
thereof so employed.
(J) Archival Recording. The Producer shall be permitted to make a Recording in whole or part
of a production produced under the terms of this Agreement at the Producer’s own theatre for an
archive maintained by the Theatre under the following conditions:
(1) Recordings shall not be loaned out or removed from the Theatre's premises without the
written consent of Actors’ Equity Association.
(2) Recordings shall take place only during a regularly scheduled performance.
(3) The Actor shall be advised as to the nature and purpose of such Archive Recording. The

COST 2015-2019 37
Producer shall notify Equity, in writing, that an Archive Recording will be made as soon as the
date of the Recording is known. This shall occur as soon as the date of the Recording is
known, but in no event shall there be less than 48 hours notice to the Actors. If there is nudity
involved in the production, Equity shall be notified prior to capture.
(4) Any rehearsal called to prepare for the Recording of the production shall require overtime
payment to the Actors called.
(5) No person connected with the production shall receive special compensation for the
Recording. Should any other participating union, such as the Musicians Union or Stage Hands
Union, receive compensation for its participation, then these conditions shall no longer apply
and each Actor participating in the Recording shall be paid at no less than the applicable
SAG-AFTRA rate.
(6) The Producer shall provide Equity with the opportunity to view the completed recording.
(7) The recording may be viewed by anyone employed or connected artistically with the
Theatre and by scholars, teachers and students in and of the visual and performing arts and
by Equity members.
(8) If, at any time, the Producer no longer operates under this Agreement, all recordings shall
be turned over to Actor's Equity Association or a mutually acceptable archive prior to the
release of any bond, which Equity may be holding.
(9) If the Theatre wishes to house the archive in a facility not under its direct control, it must
petition Equity for consent.
(10) The Theatre shall maintain control and ownership of all recordings and will ensure that
they are not used for any commercial purpose whatsoever. The Theatre shall also ensure that
no copies of the recording are made.
(11) Any violation of any part of this Rule 33(J) shall result in a payment of either two weeks
contractual salary or $2,000, whichever is greater, for each breach, to each Actor whose
rights have been breached hereunder, plus whatever SAG-AFTRA rate may be due.
(K) The Producer may furnish captured material to a not-for-profit Theatre or a commercial
producer for the purposes of encouraging or facilitating tours, transfers, co-productions or rolling
premieres of the Theatre’s production, future productions of the play, or further developmental
work on the play. Material so furnished under this section may not be used for promotion or
publicity and such material shall be housed on a mutually agreed platform that is password
protected.
(L) Recording for Interpreted or Transcribed Performances. Actors’ Equity Association will
permit the Recording of one regularly scheduled rehearsal or performance of each production.
(1) The exclusive purpose of the Recording shall be to assist the American Sign Language
interpreters, open captioned transcribers, or interpreters for audio-described performances in
the interpretation or captioning of the production. Under no circumstances may any Recorded
material be used for any commercial or noncommercial purpose except as expressly provided
herein without the written consent of Equity and pursuant to terms established by Equity.
(2) Recording will take place during one regularly scheduled rehearsal or performance of each
production. There may be no special calls and no special staging for the Recording.

COST 2015-2019 38
(3) The Actors shall be given at least 24 hours’ notice of any Recording.
(4) No copies of the recording shall be permitted. The recording will be adequately secured by
the Stage Manager or the interpreters or transcribers to insure its safety. Under no
circumstances may anyone other than the interpreters or transcribers have access to the
recording.
(5) After the stated purpose has been accomplished, but in no event later than the final
interpreted or transcribed performance of each production, the recording(s) will be
surrendered to Actors' Equity accompanied by written certification signed by the Producer, the
Stage Manager and the interpreters or transcribers that no copies of the recording(s) exist.
(6) Any breach of the terms set forth herein shall render the Producer liable for breach penalty
payments of not less than two weeks’ salary for each Actor affected plus any applicable SAG-
AFTRA rates.
(M)Use of Recorded material for any purpose other than specified above is strictly prohibited.
For any violation under this Rule, the Actor shall be paid no less than two weeks' contractual
salary in addition to any SAG-AFTRA amounts which may be due.
(N) Use of Footage After Expiration Date of Contract. Any footage produced under Rule 33
shall continue to be governed by the terms of this Agreement without regard to the expiration of
this Agreement and without regard to the amendment of this Agreement except to the extent that
such amendment shall so provide.

34. MILITARY SERVICE OF THE ACTOR


If the Actor is called to report for Military Service, he may terminate his contract by giving the
Producer as much notice as the circumstances will permit, and the Producer agrees to pay the Actor's
applicable return fare. The Actor shall not be obligated for the payment of the fare of his successor.

35. MINOR-AGE ACTORS


For purposes of this Agreement, the term “Minor-Age Actors” shall refer to Actors under age 16.
Whenever Minor-Age Actors are required to travel, they shall be accompanied by a parent or adult
designated by the parent. All terms and conditions under which the Minor-Age Actor's parent or
designated accompanying adult will travel and lodge during the Minor-Age Actor's term of
employment shall be described in a rider to the Actor's contract, which rider shall be attached to the
Actor's contract prior to signing. Producer-provided housing shall be appropriate for two people.
The Producer shall provide a responsible person to supervise Minor-Age Actors during the rehearsal
period and all performances from Half-Hour until each Minor-Age Actor has been called for by a
responsible parent or guardian after curtain-down. Such persons shall not perform functions that
interfere with the supervision of said Minor-Age Actors. Actors and Stage Managers in the production
shall not perform such supervisory duties.
Minor-Age Actors shall be provided with dressing room space separate from adult Chorus or
Principals.

COST 2015-2019 39
36. NO LOCKOUTS OR STRIKES
(A) Notwithstanding any other provisions contained in this Agreement to the contrary, no Actor
shall be subject to discharge, discipline, or replacement by the Producer: (1) for refusal to cross a
picket line or enter upon the picketed premises if employees of the Producer other than those
covered by this Agreement are on strike or are picketing the Producer; or (2) for refusal to cross a
picket line or enter upon the premises of an employer other than the Producer if the employees of
such employer are engaged in a strike ratified by a representative of such employees, which such
employer is required by law to recognize. Provided, however, that in either instance, such strike
or picketing must enjoy the sanction of and be ratified by the relevant parent national or
international union and provided further that the Council of Equity endorses and supports the
strike or picketing and directs its members to honor such picket line or strike, and further provided
that the strike or picketing is not in violation of law.
(B) The Producer shall not lock out any of the Actors, and neither the Actors nor Equity will call,
sanction, or participate in a strike during the period of this Agreement except as provided above.
In no event shall any Actor be required to perform, or to enter the theatre for such purpose, if
such performance or entrance would endanger the Actor's safety.
(C) Should a strike by the Actors occur during the period of this Agreement, Equity will be
deemed not to have violated the terms of this Rule if Equity refrains from assisting, encouraging,
or condoning, and in good faith takes every reasonable means to terminate the strike at once,
and in addition thereto, promptly declares publicly that the strike is unauthorized and directs the
Actors to cease such conduct.
(D) The provisions of this Rule shall not be deemed to affect the express rights of Equity or the
Actor under Rules 7, BREACHES BY PRODUCER; 19, DEFAULTING EMPLOYERS; 34,
MILITARY SERVICE OF THE ACTOR; or 46, PRODUCTION PROSECUTED.

37. NON-DISCRIMINATION (SEE RULE 24. EQUAL EMPLOYMENT OPPORTUNITY, NON-


DISCRIMINATION, AND NON-TRADITIONAL CASTING )

38. NON-PROFESSIONALS
In non-resident Theatres, non-professionals may be used only in non-touring productions that employ
Actors for a minimum of four weeks as specified in the ratios listed below. Such non-professionals
may be Membership Candidates, local jobbers or others who are not members of any branch of the
4A's and/or members of a performer's union outside the United States. Such non-professionals may
be used as per the ratio tables in paragraph (H) of this Rule, and only when playing outside of
commuting distance (25 miles or more) of New York, Chicago, San Francisco, or Los Angeles, and
only in accordance with the following Rules governing the employment of such persons.
(A) Affidavits. The Producer shall register with Equity on a form supplied by Equity each non-
professional associated with his company within one week of engagement by filing the name,
address, Social Security number, and a statement signed by the non-professional that said non-
professional is not a member of any branch of the 4A's.
(B) Non-professionals may not be used in leading or substantial supporting roles. Should the
Producer find it necessary to cast a non-professional in a role that could be considered
substantially supportive, Equity will not, upon written request, unreasonably withhold consent.

COST 2015-2019 40
(C) Equity Membership Candidate Program. A Membership Candidate is a non-professional
who is interested in obtaining training for the theatre and/or who intends to make a career in the
professional theatre and is properly registered with Equity.
A Theatre operating under this Agreement may apply for use of the Membership Candidate
Program of Equity and permission to utilize the program will not be unreasonably withheld.

Equity has full right to determine what activities shall qualify a Membership Candidate for
workweek credits and reserves the right to withdraw the Membership Candidate Program from
any Theatre that is not in compliance.

COST Theatres using the Equity Membership Candidate Program prior hereto shall be authorized
to so continue pursuant to the current regulations for the program.
(D) Local Jobbers. A local jobber is hereby defined as a bona fide resident of the community in
which the theatre is located, who is a non-professional as hereinabove defined, and who is in no
other manner connected with the professional theatre. A local jobber may not be employed by the
Producer in Principal roles within the above limitations in more than two productions in the first
season, and one production in any season thereafter, unless signed to an Equity contract or
enrolled as a Membership Candidate. A local jobber may qualify as a Membership Candidate
when the Theatre is participating in the Membership Candidate Program.
(E) Travel. If a non-professional is cast in a production that travels, his non-professional status
must be terminated and he must be signed to the appropriate Equity contract.
(F) Violation. In the event that a non-professional is used in a production in violation of these
non-professional Rules, the Producer agrees to pay the Actors' Equity Foundation, Inc., a sum
equivalent to two weeks’ minimum salary for each week said violation continues. In the event of a
second violation the Producer shall pay to the Actors' Equity Foundation, Inc., a sum equivalent
to four weeks’ minimum salary for each week said violation continues.
(G) Eligibility. A non-professional who has exhausted his status as a Non-Professional under any
other Equity contract that permits non-professionals shall not be eligible as a non-professional
under this Agreement.
(H) Non-professionals will be permitted in non-touring productions according to the ratios below.
These ratios refer to Actors on the stage only, and do not include Stage Managers, non-
performing ASMs or Understudies. [See Rule 58(A) for exception for Second ASM]

PLAYS AND NON-CHORUS MUSICALS


Tier 1
Equity Contracts Non-professionals
7 2
8 3
9 9
10 10
11 (or more) 11

COST 2015-2019 41
Tier 2
Equity Contracts Non-professionals
8 2
9 2
10 3
11 3
12 (or more) 12

Tier 2+
Equity Contracts Non-professionals
8 2
9 2
10 3
11 3
12 4
13 (or more) 13

Tier 3
Equity Contracts Non-professionals
9 2
11 3
13 4
14 (or more) 14

Tier 4
Equity Contracts Non-professionals
9 2
11 3
13 4
15 (or more) 15

Tier 5
Equity Contracts Non-professionals
10 2
12 3
14 4
15 (or more*) 5*
*With 15 Equity contracts in place, one additional non-professional will
be permitted for each additional Equity contract.

COST 2015-2019 42
CHORUS MUSICALS
Tier 1
Equity Contracts Non-professionals
(Minimum of 4 Chorus)
8 2
9 3
10 3
11 4
12 (or more) 11
Tier 2
Equity Contracts Non-professionals
(Minimum of 6 Chorus)
9 1
10 2
11 3
12 4
13 (or more) 12
Tier 2+
Equity Contracts Non-professionals
(Minimum of 6 Chorus)
10 1
11 2
12 3
13 4
14 (or more) 13
Tier 3
Equity Contracts Non-professionals
(Minimum of 8 Chorus)
15 2
16 3
17 4
18 5
19 (or more) 18
Tier 4
Equity Contracts Non-professionals
(Minimum of 9 Chorus)
16 2
17 3
18 4
19 5
20 (or more) 19

COST 2015-2019 43
Tier 5
Equity Contracts Non-professionals
(Minimum of 11 Chorus)
18 2
19 3
20 4
21 5
22 (or more) 11

(I) Incremental parts will go to Chorus Actors on contract.


(J) Partnering. An Actor shall be permitted to partner or be partnered by a non-professional.
Should a dispute arise as to the safety of this partnering, such partnering may only continue with
the unanimous approval of an on-site committee consisting of the Deputies, Dance Captain and
Stage Manager.
(K) Extras. The function of an Extra is to provide atmosphere and background only. An Extra may
not be identified as a definite character, either singly or within a group, and may not be required
to change make-up. An Extra may, however, make a single costume change. An Extra may not
be rehearsed more than one week before the first public performance, may not speak except in
omnes, may not sing (except with the consent of Equity in relation to a particular play), dance or
understudy.
Extras shall not be counted in the cast ratio when determining the number of non-professionals
permitted.

39. NON-RESIDENT ALIENS


Non-Resident aliens may not be employed in COST productions without the express consent of
Actors' Equity Association. Equity’s determination shall be final and binding and shall not be subject
to Rule 3, ARBITRATION.

40. NON-TRADITIONAL CASTING (SEE RULE 24 EQUAL EMPLOYMENT OPPORTUNITY, NON-


DISCRIMINATION, AND NON-TRADITIONAL CASTING )

41. NUDITY
Any production with nudity shall be subject to prevailing rulings of Actors' Equity Association with
regard to audition, performance, the taking of photographs and the making of any and all visual
recordings.

42. PENSION FUND


The Producer acknowledges that the collective bargaining Agreement effective June 1, 1960,
between Equity and The League of New York Theatres provides for the establishment of a jointly
administered Pension Fund and the Producer agrees hereby to become a participant in said Pension
Fund. The Producer agrees to execute all necessary documents, including the Agreement and

COST 2015-2019 44
Declaration of Trust establishing said Pension Fund now or hereafter adopted, or which may from
time to time be adopted by those administering said Pension Fund.
The Producer agrees to make contributions to said Pension Fund for each and every week of the
Actor's employment in the amount of 8% of the gross payment to the Actor. Such contributions shall
be made on the first $3,000.00 that the Actor receives weekly under the Actor’s individual
employment contract.

43. PERFORMANCES
(A) Number Of. A week's work shall consist of no more than eight performances on six
consecutive days.
(B) Length of Performance and Overtime. The total length of a performance from Half-Hour call
to curtain down shall not exceed 3½ hours. Overtime compensation at the rate of 1.5% of the
applicable minimum salary (or $10.00, whichever is greater) per half-hour or portion thereof shall
be paid weekly on a cumulative basis for all performance time in excess of 3½ hours, as herein
defined. In no event, however, shall Overtime be paid on the first performance of a production
and on one additional performance of a new work in the first week only.
A grace period of up to 30 minutes weekly on a cumulative basis shall prevail in the event that
performances are delayed due to circumstances beyond the control of the Producer, for which no
overtime payment shall be due.

For the purpose of computing the total work week [See Rule 69] the performance shall be
deemed to be three hours unless the actual length of the performance plus half-hour exceeds 3½
hours.
(C) Payments to Actor. A week's compensation shall be paid even if fewer than eight
performances are given. However, if during any work week prior to opening there is a
combination of rehearsal and performances, the Actor shall receive pro-rated minimum salary for
each day of rehearsal and pro-rated contractual salary for each performance provided the Actor
receives no less than minimum salary for that workweek.
All performances or rehearsals for which admission is charged (except bona fide benefits
endorsed by the Theatre Authority or Equity) are to be counted and considered as performances
for which the Actor is to be paid.
(D) Extra Performances. All performances over eight per week shall be paid for at the rate of
three-sixteenths of contractual salary.
(1) In no case may more than eight performances per week be scheduled in three
consecutive weeks.
(2) There shall be no more than five performances given in any three consecutive days,
except where a performance lost under Rule 44(A) is to be made up. 
In addition, the Producer may schedule six performances within three consecutive days
during the weeks that include Christmas Day, Thanksgiving Day, New Year’s Day, or July 4th,
provided there are at least two days off within the workweek. The foregoing notwithstanding,
there may not be two consecutive work weeks of six performances within three consecutive
days. This paragraph shall expire on December 29, 2019.

COST 2015-2019 45
(3) No more than two performances may be given or begun on any one day.
(4) Any performance begun prior to 1:30 PM and/or ending after 1:30 AM shall be counted as
an extra performance within the meaning of this paragraph and shall be paid at the rate of
two-eighths of the Actor’s weekly contractual salary. Performances for elementary and
secondary school groups may begin prior to 2:00 PM without additional compensation,
provided it is stipulated in the Actor’s contract at the time of signing or posted no later than
two weeks prior to the student performance and, further, provided all required rest periods are
observed.
(5) Performances on a day scheduled as a day free of performance may be given only with
the consent of Equity.
(E) Rest Period Between Performances. There shall be a minimum of 1½ hours rest from
curtain-down to curtain-up between any two performances. If it is necessary for the cast to leave
the theatre in order to obtain a meal, the rest period shall be increased to two hours from curtain
down to curtain-up (including the half-hour call). Whenever there is less than two hours between
performances, the Producer shall provide all Actors with a meal at the theatre within 15 minutes
of the conclusion of the first performance. Actors shall be offered a choice of hot or cold balanced
meals. A choice of beverage shall be included. The Actors will be notified 24 hours in advance of
what will be served. Special dietary needs shall be accommodated if requested by the Actor at
least 24 hours in advance. Any unauthorized modification or violation of this rule shall subject the
Producer to a penalty of $9.75 for each violation of the foregoing. Under no circumstances can
there be less than a one-hour rest period between performances.
(F) Place Of. The Actor shall not be required to perform in any other place or upon any other
stage than that on which performances are regularly given, except with the prior consent of
Equity.
(G) After half-hour call, the Company may not be called to rehearse, accept script changes, or
notes, except in an emergency. Members of the company who participate in stage fighting may,
however, be called to run through their fight routine. [See Rule 57]
(H) No persons or animals except those connected with the production will be permitted in the
dressing room area or backstage.
(I) No intermission shall exceed 30 minutes.
(J) The cast shall not be required to remain on stage if anyone in the production speaks or
performs following the final cast bows.

44. PERFORMANCES LOST


(A) If the Company as a whole cannot perform because of fire, accident, strikes, riot, Act of God,
or the public enemy, or because a governmental authority orders that actions be taken in
anticipation of a potential disaster which could not be reasonably anticipated or prevented, then
the Actor shall not be entitled to any salary for the time during which his services shall not, for
such reason or reasons, be rendered, except that if other employees whose employment is
based directly upon the performance of the play in which the Actors are appearing are paid, such
Actors shall also be paid. Should any of the foregoing conditions continue for a period of 10 days

COST 2015-2019 46
or more, either party may terminate the contract and the Producer will pay for all services to date
and transportation back to the place of engagement.
The word "strikes" as used in this Rule shall not include strikes within the theatre arising because
of the default of the Producer or which he could have reasonably prevented.
(B) If performances are not given because of a claimed application of Section (A) of this Rule, any
Actor who remains at or near the theatre location and away from his bona fide place of residence
at the direction of the Producer, shall receive additional expense money equal to one-seventh of
minimum salary for each day that performances are not given, but in no event shall the combined
additional expense money and performance payments exceed contractual salary. If it is
determined that this Rule does not apply to the particular situation, the additional expense money
payments made to the Actor may be used as an off-set against any salary payments found due.
(C) The Producer agrees to abide by the determination of Equity as to whether this Rule applies
to any given situation, and such determination shall be final.

45. PHOTOGRAPHS, INTERVIEWS AND PERSONAL APPEARANCES


(A) Photographs. In addition to the regular rehearsal time, 90 minutes per week shall be allowed
for the taking of customary and usual photographs, together with photographs to appear in
magazines or newspapers for the sole purpose of publicizing and advertising the production.
If all or any part of such time is used after an evening performance, it shall be used immediately
thereafter, and in no event may extend beyond 1:00 AM. Refreshments shall be provided to the
Actor at the Producer's expense. An Actor who is in rehearsal but not performing shall not be
obliged to return to the theatre solely for such purpose following an evening performance of the
company.

Photographs shall not be taken at any time unless 24-hours' notice is given to the Actor.

Still photographs may be taken during a performance by a bona fide staff, newspaper, or
magazine photographer from the rear half of the theatre; not in an aisle used for entrances or
exits, and provided that no flash or strobe is used. The Company shall be aware of the
photographer's identity. Reminder of the photographer's presence must be given to the Company
at half-hour. Said photographs are limited to the use as set forth above.

If photographs are taken at any time other than as hereinabove specified (except during rehearsal
hours), the Actor shall be paid not less than one-eighth of his weekly salary for each day or part
thereof employed in such photographing.

When photographs contain five (5) or fewer Actors, the Actor’s name(s) shall be properly credited
in the publicity whenever and wherever the photographs are used. Photographs containing more
than five (5) Actors do not need to be so credited.

Photographs from a Theatre’s previous productions shall identify the year or season in which the
production in the photograph occurred.

COST 2015-2019 47
In the event another Theatre which operates under a standard Equity contract wishes to use
photographs taken under this provision for promotional or publicity purposes, the Actor may,
through the initial Producer, agree to the use in writing under the following conditions (which shall
apply to all Actors identifiable in the image):
(1) Actor shall be made aware in writing of the precise images to be used;
(2) Actor shall be made aware in writing of the intended use of the images, as well as the
duration of said use;
(3) Actor shall be identified and attributed, as will be the Theatre from whose production the
photograph was taken;
(4) Actor shall be compensated a sum no less than $100.00 per image for all use per
requesting Theatre, said sum to be mutually agreed upon;
(5) A duly executed copy of the written agreement permitting such use and its scope and
terms shall be forwarded to Equity.
(B) Personal Appearances. The Actor cannot be required to be at the disposal of the Producer,
except within the specified rehearsal and performance hours. All time taken for personal
appearances shall be deducted from the rehearsal hours of the Actor. When personal
appearances are scheduled for the Actor by the Producer, the Actor shall be given notice no later
than one-half hour before the performance on the preceding day.
(C) Interviews. An Actor may be required to make one personal appearance or interview per
week. All other radio, TV, and press interviews shall be scheduled at the Actor’s convenience
and with the Actor’s agreement. Such agreement shall be solicited no later than the day prior to
the proposed interview. At the option of the Actors involved, such interviews may occur
immediately after an evening performance, but the rest period of 12 hours must be observed prior
to any rehearsal call on the following day.
(D) An Actor required by the Producer or his duly authorized representative to perform at a
personal appearance shall be paid a minimum of one-eighth of contractual salary unless such
Actor is receiving star billing in the production.
(E) The Producer shall provide all round-trip transportation when an Actor is required to travel for
the purpose of photographs, publicity, or personal appearances. If the Actor's personal
automobile is used for travel to and from interviews and/or personal appearances made at the
request or direction of the Producer, reimbursement for transportation shall be at the rate of the
mileage allowance permitted by Federal Income Tax regulations.

46. PRODUCTION PROSECUTED


(A) Should the production or performances in a production in which the Actor is engaged be
complained of as being in violation of any statute, ordinance or law of the United States, or any
State or any municipality in any State, and should a claim or charge, either civil or criminal, be
made against the Actor on account of being engaged in such production; or should a claim or
charge, either civil or criminal, be made against the Actor for any reason on account of
performing his duties in such production (but not for acts not authorized by the Producer), the
Producer shall defend the Actor at the Producer's own expense, or shall pay any and all
reasonable charges laid out or incurred by the Actor in his own defense, and shall indemnify the

COST 2015-2019 48
Actor against any loss or damage which the Actor may suffer on account of being engaged in any
such production.
(B) It is specifically agreed and understood between the Actor and the Producer that the
language, business and costuming of the play are under the control and direction of the Producer
and author, who according to custom, can at any time erase or amend the scenes and lines, and
that consequently the Actor has no certain method of knowing during rehearsals, whether in its
final presentation the play is susceptible to being considered immoral or indecent. Therefore, the
Producer represents to the Actor that the play as produced shall not violate any law or give
offense which is punishable by any law, and expressly agrees that should the Producer or the
author be arrested or summoned on such charges, the Actor may, Equity consenting, end and
terminate the engagement forthwith. Upon such termination the Producer shall pay to the Actor
forthwith all sums due under his agreement plus one week's salary, as compensation for the
termination of the engagement without notice. In no event shall the Actor receive less than a total
of two weeks' salary.
(C) This Rule shall not apply to any case or any set of conditions where its enforcement would be
illegal or against public policy. In the case of the arrest of an Actor due to the nature of the play or
its production, the Producer shall forthwith furnish bail for the Actor. In the event of the Producer’s
failure to do so, or for any breach of this Rule, the Producer shall pay the Actor (Equity
consenting) the sum of $2,500.00. After an arrest, the Actor may demand a suspension of
performance pending a determination, and such suspension shall not terminate or otherwise
affect the terms of the agreement unless Equity shall otherwise order.

47. PROGRAMS AND ANNOUNCEMENTS


(A) Cast Listing. A cast list must be given free of charge at all performances to every patron who
enters the theatre. Such cast list must contain the names of all Actors and their roles or functions.
Producer shall identify the Dance Captain as such on the cast page.
When there is not an all-Equity cast, each member of Actors’ Equity Association shall be
identified by an asterisk (*) on the cast page. The following wording shall appear in a footnote on
the cast page: “Member of Actors’ Equity Association, the Union of Professional Actors and Stage
Managers in the United States.”

When there is an all-Equity cast, the following language shall appear on the cast page: “The
Actors and Stage Managers employed in this production are members of Actors’ Equity
Association, the Union of Professional Actors and Stage Managers in the United States” and no
asterisks shall be required.

All Actors, including the Stage Managers, shall receive program credit. Each Actor shall receive
credit for each character he portrays and/or understudies as designated in his contract. The Actor
shall submit all biographical material and pictures for programs at the time of signing the contract,
except that, if the Actor signs the contract on the same day as the audition, he shall submit such
material within 24 hours thereafter. In doing so he shall indicate the preferred cuts if program
space requires editing. These conditions being fulfilled, the Actor shall have the right of approval
of biographical material for the house program. Biographical material not disapproved within 48
hours of its submission to the Actor shall be considered approved. The Producer shall make best
efforts to include "bios" of all Actors in the program.

COST 2015-2019 49
(B) Errors or Omissions in Program. In the event that there are errors or omissions in the
printed cast listing or in the program, the Producer agrees that upon written notice thereof from
the Actor to the Producer or to his duly authorized representative with a copy to Equity, he will,
within 24 hours (including one business day), place in the program a legible, mimeographed or
printed slip correcting the omission or error. In addition, he will also correct the omission or error
in the next printing of the program, provided such notice is given at least 24 hours prior to the
press deadline (including at least one business day). After notification and until a correction slip
is inserted in the program, errors or omissions must be announced from the stage or over the
public address system.
Having been given proper notice as stipulated above, the Producer shall, for each failure to
correct the program, pay the Actor involved a sum equal to one-eighth of minimum weekly salary
for each performance during which the omission or error continues, but in no event more than
one-eighth of the Actor's contractual salary for each week or part thereof.
(C) The names of all Actors shall be listed in front of the theatre, or in the lobby. If the Actor is
incorrectly listed or improperly billed on such posted list, the Producer shall correct the infraction
within 48 hours after written notification, or pay one-eighth of minimum salary for each day, after
48 hours, during which the infraction is not corrected.
(D) Billing. If billing has been negotiated in a rider to a contract, and such billing is not provided
by the Producer, the Actor shall notify the Producer or his duly authorized representative in
writing of same and shall send a copy of such notification to Equity. Failure to correct such error
within 48 hours (excluding Sunday) of receipt of notification by the Producer or his duly
authorized representative shall constitute a Breach of Contract as stipulated in Rule 7.
(E) Announcements. The Producer or his designated representative shall make an
announcement before the beginning of each performance to the effect that the taking of pictures
or the recording of any portion of the performance is prohibited. If the aisles are used by the
Actors for entrances and/or exits, the Producer shall also announce that the aisles must be kept
clear during the performance.

48. PROPERTY
(A) Dressing Room. The Producer agrees to restrict public access to the Actor's dressing room
and to provide facilities for safekeeping the Actor's daily and incidental street clothing, coats,
overcoats, shoes and/or makeup not used in rehearsals or performances while said articles are in
the theatre or other rehearsal and/or performance place. The Producer agrees to inform all
Actors of the necessity for using such facilities by the posting of a written notice on the Callboard.
The Producer may limit the use of such facilities to those items listed above or to items that can
be adequately protected, (e.g., the Producer may not be able to provide a safe-keeping facility for
an Actor's bicycle or personal stereo). The Actor's signature on this notice shall be deemed
proper notification to the Actor of the existence of these facilities.
(B) Personal Valuables. The Producer shall be liable for the loss of and damages to personal
valuables (i.e., the Actor's jewelry, watches, and/or cash), subject to the liability limits indicated
below, if the valuables have been given to the Producer or the Producer’s agent for safekeeping.
All such valuables shall be collected prior to the beginning of rehearsals or at half-hour and
returned upon request of the Actor, at the end of his call. Upon mutual consent, the Producer

COST 2015-2019 50
may designate the Stage Manager for collection and return of said valuables. The Producer,
however, shall retain all liability for their collection and return.
(C) Actor's Property Used in Production. When the Producer requires the Actor to utilize his
own personal property in a production, the Producer shall be liable for the loss and/or damage to
such property.
(D) Limited Liability. Provided the Actor follows the procedures outlined in Rule 48(A) and Rule
48(B) above, the Producer shall be liable for the loss of, or damage to the Actor's personal
property. Such liability shall be limited to $4,000.00 for the Actor's personal effects and/or
clothing; up to a limit of $2,000.00 on the Actor's furs and coat; up to a total limit of $2,000.00 for
the Actor's jewelry, watches, and radio. In the event of a loss, Actor will present documentation of
value. The Producer shall not, however, be liable for any loss or damage to the Actor's property
while said property is under the sole and exclusive control and supervision of the Actor.
(E) Producer's Responsibility. The Producer shall be liable as hereinabove provided, whether
or not the act, fault or negligence of the Producer, his representatives, agents, or employees
caused or contributed to such loss or damage. The Producer, however, shall not be liable for any
loss or damage to the property of the Actor while said property is under the sole and exclusive
control and supervision of the Actor. Except as above provided, the Producer shall not be
responsible for any loss and/or damage to the personal property of the Actor over and above the
limitations herein set forth. It is the duty of the Actor to insure such property if he desires to
protect himself against loss. The Producer may meet the foregoing obligations by maintaining
adequate and sufficient insurance coverage which shall provide the same protection as the
Producer hereby assumes. Upon the direct payment of any damage or loss to the Actor by the
Producer, the Producer or the Insurer shall be subrogated to all rights of the Actor to the extent of
such payment.

49. RECORDINGS FOR USE IN THE PRODUCTION


The Actor shall not be required or permitted to work in any company where recordings or mechanical
or electronic reproductions of voice are used to supply dialogue, singing or chanting, unless the
Producer shall have first obtained the written consent and permission of Equity and shall comply with
all such terms and conditions as Equity may prescribe.
A Principal Actor may agree by means of a Rider to his contract to Record, film, or tape a portion of
the role, which he performs on stage for use in the production. The recording, film, or tape may be
used only during the period in which the Actor is employed except where the Actor voluntarily
terminates his employment and where said Actor's voice is not identifiable. Said recording, film, or
tape must be made during the regular rehearsal hours.

50. REHEARSALS
(A) General Provisions. (Applicable to a production in a single theatre, a Package traveling
under consecutive Stock Jobbing contracts, or a Unit Attraction)
(1) Preceding the opening date stated on the face of the contract, the Actor, if required, shall
give up to four weeks of rehearsal of the scheduled productions.

COST 2015-2019 51
(2) Rehearsals shall be considered to be continuous from the date of the first rehearsal as
provided in the contract. If the Actor is required to arrive at the theatre location earlier than the
day preceding the designated rehearsal date on the face of the contract, rehearsals shall
begin on the date of arrival.
However, if transportation, either public or by charter, is provided by the Producer to transport
the Actor to the theatre on the day prior to the day of first rehearsal call as stated in the
Actor's contract of employment, and if the Actor is not asked by the Producer to participate in
any activity connected with the terms of the contract of employment on that date, then said
arrival date shall not be deemed the beginning of rehearsal. The Producer shall, however, be
responsible for a per diem payment to all Actors who travel to the theatre on the day prior to
the day of the first rehearsal call.
It is understood that this arrangement does not relieve the Producer of his responsibility for
transportation, tickets, or reimbursement to Actors who elect other means of travel and report
for first rehearsal in a timely manner. [See Rule 62(A)(1) & (2), TRANSPORTATION AND
BAGGAGE]
This provision is applicable only to the initial rehearsal call for a production, prior to the first
public performance.
(3) If the Producer chooses to start with a reading by the Company, or a substantial part
thereof, said reading is a part of and begins the rehearsal period for the Actors involved. If the
Producer chooses to invite the Actors and/or members of the Stage Managerial staff who
have been contracted for the production for a reading of the play prior to the beginning of the
rehearsal period designated on the employment contract, any Actor or Stage Manager who
participates in such reading shall be compensated at the rate of one-sixth of minimum salary.
(4) The provisions of sections (2) and (3) above notwithstanding, with prior notice to Equity,
subsequent to the signing of a COST contract, the Actor may agree by rider to attend up to
one week of pre-rehearsals in the Actor’s city of origin prior to the start of the Actor’s
contracted rehearsal period. If the Actor does attend, the Producer shall pay one week of the
prevailing health rate plus pension and the Actor shall receive one-sixth of rehearsal salary for
each day of rehearsal. This rehearsal week shall be counted towards vacation and sick leave
accrual and in the total number of rehearsal weeks permitted in (1) above but shall not
constitute the beginning of rehearsals for the purposes of Rule 61, TERMINATION.
(5) Equity shall retain the right to determine terms and conditions under which additional
rehearsals may be held.
(6) The Actors shall receive 24 hours notice of any rehearsal after the first public
performance, except in an emergency.
All rehearsal calls shall be given by the Stage Manager and will be posted on the Callboard.
(7) Rehearsal on a Day of Travel. Travel and rehearsal combined shall not exceed 10 hours.
(8) Rehearsals on a Daylight Day of Rest shall not exceed five consecutive hours and shall
commence no earlier than 7:00 PM However, subject to a 2/3 majority secret vote by the
Equity cast, this call may be as early as 5:00 PM.

COST 2015-2019 52
(9) Note Sessions. A Company call for the purpose of giving notes, i.e., suggestions for
changes, criticism, etc., shall be considered a part of rehearsal time. The Company may not
be called for the giving of notes after an evening performance, except under the following
circumstances:
(a) The giving of notes after the first four performances is permitted provided the note
session lasts no longer than 30 minutes and the Actors are not called for rehearsal the
next day. The 30 minutes shall be computed from 15 minutes after curtain-down.
(b) In the case of productions presented in a single location, after a production has run for
more than two weeks, the Director and/or Choreographer and/or Advance Stage
Manager may call one note session after a performance, provided that said note session
does not exceed 1½ hours, and further provided that the Actors receive at least 24 hours
notice of the session. The Director, Choreographer or Advance Stage Manager shall
have seen a performance within 48 hours prior to the session, and shall give the notes
personally. The required rest period shall begin with the end of the note session.
In their absence, the Director and/or Choreographer may authorize the Stage Manager,
Dance Captain, or Advance Stage Manager to present notes to the Company during
rehearsal hours.

Note sessions for Unit Packages or Packages traveling under consecutive Stock Jobbing
contracts must be scheduled within the allowed daytime rehearsal hours, or may be
scheduled for the hour preceding half-hour call subject to all of the conditions set forth in
section (E) of this Rule.
(10) No rehearsals are to be called after an evening performance.
(B) Breaks and Rest Periods
(1) There shall be a break of 1 or 1½ hours after five consecutive hours of rehearsal, at the
discretion of the majority of the Actors involved. On a non-performance day, this five-hour
period may be extended by up to one-half hour, provided the cast is dismissed for the day
upon the expiration of the extended rehearsal time.
(2) Except as provided in Rule 43. PERFORMANCES, there shall be a break of at least 1½
hours, exclusive of the half-hour call, before any performance. After the half-hour call there
shall be no rehearsal except in an emergency as determined by Equity, and for the run-
through of stage fights as required in Rule 57.
(3) Each individual Actor will be given a five-minute rest period after no more than 55 minutes.
If a five-minute rest period is not given in a particular hour, a 10-minute rest period must be
given after no more than one hour and twenty minutes. During a run-through, an Act may be
completed before such rest periods are given. During Dress Rehearsal the rest period
between Acts shall be at least 10 minutes. For each failure to give such rest periods, the
Producer shall pay each Actor one hour of Overtime.
(C) Overtime. Should the Actor [which includes Stage Managers under Rule 58(G)] rehearse
more than the hours stipulated herein, the Producer shall pay Overtime at the rate of 1.5% of the
applicable minimum salary (or $10.00, whichever is greater) per half-hour or part thereof for each
instance of such overtime rehearsal.

COST 2015-2019 53
(D) Prior to the First Public Performance
(1) No Actor shall be permitted to rehearse more than 7 out of 8½ hours in any day, which
shall include a 1½ hour recess, except that on two days during the final seven days of
rehearsal in which there is no performance, the Actor shall be permitted to rehearse 10 out of
12 consecutive hours. On the day of the first public performance, rehearsal may be a
maximum of 5 hours. Total rehearsal for the week shall not exceed 52 hours, except when the
seven consecutive rehearsal days immediately preceding the opening fall within a single Work
Week, as defined in Rule 69.
(2) Provided there has been a majority secret ballot vote by the cast, the Producer may
schedule a six-hour rehearsal block in combination with the standard rehearsal schedule or as
the full rehearsal schedule for the week under the following conditions:
(a) The Producer shall give cast a minimum of 12 hours’ notice before each use.
(b) This six-hour block shall constitute the entire work schedule for the day.
(c) Each six-hour rehearsal block shall replace a typical 7 out of 8 ½ hour rehearsal day.
(d) Within the 6 hour rehearsal block, there shall be 40 minutes of breaktime to be
distributed in accordance with section (B)(3) above, except that one break shall not be
less than 20 minutes.
(3) The Producer shall conduct an on-set Tech-Dress Rehearsal, without an audience, prior to
the first public performance of any production originating at Producer’s COST Theatre. If
completion of such Tech-Dress Rehearsal cannot be achieved, the Producer shall ensure that
all aspects of the production which might endanger the Actor are rehearsed.
(E) After the First Public Performance
(1) After the first paid public performance of any production using the Stock Jobbing contract,
the Resident Contract for Stock, or the Unit Contract for Stock, further rehearsal of that
production without additional compensation is limited to a total of eight hours per week.
These hours may be used for brush-up, replacement, understudy, technical, conversion, and
dress rehearsal, subject to restrictions described elsewhere in this Rule.
In addition, a further four hours per week in each of the first two weeks (inclusive of the first
performance week) shall be permitted for new works only including co-produced premieres,
rolling premieres, and substantially re-worked revivals, and the four hours may be used on the
day after the Day Off in the week following the first paid public performance.
(2) The Actor may not be called to rehearse for more than 5 out of 6½ consecutive hours on a
one-performance day, which shall include a 1½-hour recess. Except in an emergency,
rehearsals on a two-performance day may only be scheduled with the approval of the Equity
cast by a 2/3 majority secret ballot vote. Rehearsal on a two-performance day may not
exceed two hours.
(3) If a note session or rehearsal is anticipated to require no more than one hour, such
rehearsal may be scheduled for the hour preceding Half-Hour call only once weekly. The
Actors shall be compensated at the overtime rate if all of the following conditions are not met:
(a) This rehearsal shall be the only rehearsal call of the day, and may not be held on a
two-performance day;

COST 2015-2019 54
(b) The time may be utilized to give notes and/or for brush-up of blocking, dialogue, or
music;
(c) Notice must be given to the Actors before the Company leaves the theatre following
the performance on the night before said note session or rehearsal is to be held;
(d) A fight rehearsal as required in Rule 57 shall take precedence for the individuals
involved;
(e) No new material may be rehearsed, however, new material may be rehearsed for new
works;
(f) No more than five hours may elapse between this rehearsal call and curtain-down;
(g) Transportation for Actors involved in such rehearsal shall be provided in addition to
the regularly scheduled pick-ups of Actors for the performance.
(4) New Material. After the opening of any production, any rehearsal of new material shall
require additional compensation at the overtime rate except as permitted in 50(E)(1) and
50(E)(3)(e) above. New material is hereby defined as the insertion of new scenes, new
dialogue such as to substantially change a scene, or new numbers in the case of a musical.
(5) Brush-Up. After the first public performance of a production that performs in a single
location, there shall be only one brush-up rehearsal not to exceed five hours.
In productions that run four weeks or more an additional brush-up rehearsal may be called
every two weeks, and said rehearsal shall not exceed three consecutive hours. There shall
be no brush-up rehearsal on the day following the Day Off.
(6) For Understudies as required by Rule 63, UNDERSTUDIES, understudy rehearsal shall
not be combined with any other rehearsal and only Understudies and Swings may be called to
such rehearsal. However, at the discretion of the Stage Manager, Dance Captain or
Choreographer, any Actor may be called for partnering dance sequences with the assigned
Understudy or Swing during regular rehearsal hours, but not more than once every four
weeks.
(7) All brush-up, replacement, understudy, and conversion rehearsals must be conducted by
the Director, Choreographer, Musical Director, Stage Manager, Advance Stage Manager or
Dance Captain.
(F) Packages (Consecutive Jobbing)
(1) All rehearsals prior to the initial opening of a Package must be held under the contract with
the first Theatre at which the Package is to play, and the Producer of that Theatre shall be
responsible for all salaries, Pension, Health and any other benefits which are due the Actor.
(2) In the event that the Package is not performing consecutive engagements, rehearsals held
during the hiatus are the responsibility of the next Theatre at which the Package is to play,
and are paid for at one-seventh of minimum salary and these rehearsals must be consecutive
with the re-opening of the production.
In addition, the Producer for whom the rehearsal is necessary may call rehearsal prior to the
hiatus during the company’s prior engagement for purposes of brush-up, re-staging or
replacement. Such rehearsals shall fall within the specified hours and must be paid for at the

COST 2015-2019 55
rate of one-seventh of the prevailing minimum salary applicable to each Actor's job function
for each day of such rehearsals.
(3) Day Before Opening at Subsequent Theatres. After the opening of a Package at its first
Theatre, the rehearsal provisions set forth in 50(E)(1), (2) and (3) of this Rule apply and any
rehearsal on the day before opening at a subsequent Theatre shall require additional
compensation at the overtime rate except in the case of conversion to or from theatre-in-the-
round. Such conversion may utilize up to five hours in addition to the eight hours permitted for
the week without additional compensation provided the rehearsal is on the stage; the balance
to be available for other purposes as described in (E)(1) of this Rule. Such rehearsal may, in
no event, be called prior to two hours after the Actor's arrival at the lodgings reserved by the
Producer in accordance with Rule 29. At any rehearsal on the day before opening, Actors
shall not be required to wear costumes and/or make-up, except for those with technical
problems such as quick changes or voluminous robes.
(4) Opening Day. On opening day in each theatre at which the Package plays, the Actor may
rehearse without additional compensation in accordance with the provisions of (E)(1)and (2)
of this Rule. Such "technical" rehearsal (i.e., "put-in") shall occur on-stage and specifically
rehearse scenery moves, lighting changes, wireless microphones and sound, and quick
costume changes, entrances and exits of Actors, spacing and running of all musical numbers
and use of all props by Actors.
Technical rehearsal shall start at the top of the show sequence and proceed consecutively to
the end of the show. Scenes not directly involving the rehearsal needs specified above may
be rehearsed cue to cue.

If, after the fourth hour of rehearsal, it is apparent that more than five hours will be needed to
complete rehearsal of the entire show, a committee composed of the Deputies, Dance
Captain and Stage Managers shall vote to continue rehearsal for up to one-half hour with no
overtime penalty.

This rehearsal may not be used for brush-up and insertion of new material. In no event shall
such rehearsal commence prior to two hours after the Actor's arrival at the lodgings reserved
by the Producer in accordance with Rule 29.
(5) Conversion or Replacement for Subsequent Engagement. When a Package utilizing
consecutive Stock Jobbing contracts is at a proscenium theatre and plays the following week
at a theatre-in-the-round, or vice versa, or when a replacement is being made for a
subsequent engagement, the Producer for whom the conversion or replacement is necessary
may call rehearsals prior to the Company's arrival at his theatre for the purpose of re-staging
or replacement. Such rehearsals shall fall within the specified rehearsal hours and must be
paid for at the rate of one-seventh of the prevailing minimum applicable to each Actor's job
function for each day of such rehearsal. These rehearsals need not be continuous with the
next opening. No conversion rehearsal can be called unless authorized in writing by the
Producer who is responsible for payment thereof. Prior to the rehearsal call such authorization
must be posted on the Callboard at the theatre where the rehearsal is to take place and a
copy shall be sent to Equity. [See (F)(3) above for conversion rehearsal on the day before
opening which does not require additional compensation]

COST 2015-2019 56
(G) New Production at Same Theatre. An Actor engaged on consecutive Stock Jobbing
Contracts at the same theatre or for the same Producer shall receive full rehearsal pay for each
day of rehearsal of a subsequent production, in addition to the applicable salary for the
production being performed.
(H) Unit Package
(1) After Opening. After the first public performance of a production signed on a Unit
Contract for Stock, further rehearsal not requiring additional compensation is limited to eight
hours per week, which hours shall fall within the specified daily rehearsal hours. One run-
through, at which Actors shall not be required to wear costumes and/or make-up (except
those with technical problems such as quick changes or voluminous robes), shall be permitted
at each theatre in which the Unit package plays and may take place prior to 7:00 PM even
though it is on the day following a Full Day Off. Such rehearsal shall not be more than five
consecutive hours in duration and shall not commence prior to two hours after the Actor's
arrival at his lodging.
(2) Conversion. For one week only a maximum of five of the eight hours allowed in that week
may be utilized for purposes of a conversion rehearsal. All additional rehearsal hours utilized
for purposes of conversion to or from arena staging shall require additional compensation at
the Overtime rate.
Understudies and Stage Managers shall participate in any conversion rehearsal to which the
entire cast is called.
(I) Understudy Rehearsal. Understudies, Stage Managers, Swings (when applicable) and the
Dance Captain (when necessary) may be called for Understudy Rehearsal for a maximum of two
hours each week after the first public performance in addition to all other rehearsal hours
permitted.

51. REPORTS
(A) W-2 Forms. W-2 forms shall be furnished to the Actor with the last salary payment or within
31 days following the end of the calendar year, whichever is sooner. Equity may, at its discretion,
and at any time, require the Producer to submit satisfactory proof that all Actors employed are
given a withholding tax receipt (W-2 Form) and statement of Social Security deductions for the
entire season.
To enable the Actor to obtain a possible tax credit or refund from the State or Municipality which
has levied an income or earnings tax, suitable forms, if such exist, or suitable information shall be
provided to the Actor at the time W-2 forms are furnished as prescribed above.
(B) Weekly Report to Equity. The Producer must and shall furnish Equity with a weekly report
regarding his Theatre, listing all Actors and all non-professionals employed in each attraction.
The form for this purpose will be supplied by Equity. This weekly report is due by the Friday
following the last performance of each week of the attraction. Equity will notify the Producer of
lateness. Equity must act on reports within six weeks of receipt or the reports shall be deemed to
be correct. Failure to file such reports shall constitute a breach of Equity Rules entitling Equity,
among other things and without any limitation, to refuse to release the balance of the security
deposited with Equity until the above requirements are met.

COST 2015-2019 57
52. SAFE AND SANITARY PLACES OF EMPLOYMENT
The Producer agrees to provide the Actor with safe and sanitary places of employment. [See also
Rule 53(C)]
(A) Access for Actors with Disabilities. Producer shall provide reasonable accommodations as
required by law for Actors with disabilities at all rehearsal, work and performance spaces. This
provision shall apply to all locations at which the Actor is directed to attend as part of
employment, including but not limited to audition, rehearsal and performance spaces, dressing
rooms, and Stage Manager booths and calling stations.
(B) Dressing Rooms
(1) Separate dressing rooms for male and female Actors will be provided. Minor-Age Actors
will have separate dressing space.
(2) Dressing rooms (except quick-change booths) shall be of a permanent type, and shall not
be under canvas.
(3) Dressing table space of 30 inches shall be allocated to each Actor. There shall be no less
than the equivalent of 150 watts of usable light proximate to each dressing table space. The
use of fluorescent lighting is not acceptable for make-up purposes (i.e., around make-up
mirrors).
(4) All exterior dressing room windows and exterior doors shall be screened in theatres where
screens are deemed necessary by Equity.
(5) All dressing rooms shall be equipped with air-conditioning systems, air-cooling systems, or
some similar type of mechanical device maintained in good working condition to insure proper
ventilation and the circulation of fresh, cool air. If the Producer fails to take steps to provide
adequate mechanical devices within 24 hours of notification from Equity, the Actor, with
Equity's consent, shall not be required to remain at the theatre.
(6) The Producer shall not allow the temperature in the dressing rooms to fall below 65
degrees or rise above 85 degrees. If the Producer fails to take steps to maintain proper
temperature, within 24 hours of notification from Equity, the Actor, with Equity's consent, shall
not be required to remain at the theatre.
(7) Alleys and roads leading to stage doors of theatres shall be accessible, properly lighted,
and free of hazardous conditions. Runways between dressing rooms and the theatre shall be
covered, and paved or safely boarded.
(8) Dressing room entrances and windows shall be properly masked from the view of the
audience to insure the Actor's privacy.
(9) Tile, concrete and linoleum floors shall be washed at least once each week. Carpeted
floors shall be vacuumed or swept at least once a week and thoroughly cleaned prior to the
first production of the season.
(C) Lavatory and Toilet Facilities
(1) The Producer shall provide separate facilities for male and female Actors. Each facility
shall contain at least three sinks, two toilets, and two showers.

COST 2015-2019 58
(2) Toilets and lavatories will be clean and sanitary, will be separate facilities from those
provided for the audience, and said toilets shall be in permanent enclosures or separate
rooms, with soap, paper towels and toilet paper readily available.
(3) Sinks with hot and cold running water shall be available in, or reasonably convenient to,
the dressing rooms. These sinks shall not be located in the toilet enclosure. Separate
showers for men and women with hot and cold running water shall be available and
reasonably convenient to the dressing rooms. "Reasonably convenient to" shall mean within
the same building and in the dressing room area.
(4) Any walkway between the dressing rooms and toilet facilities shall be masked from the
view of the audience.
(D) Rehearsal Space. In all open-air and tent theatres, the Producer shall make available
adequate covered rehearsal space, which shall be safe, comfortable and healthful at all times.
All enclosed rehearsal space shall have proper ventilation and provision for the circulation of
fresh air.
The temperature in all enclosed rehearsal space shall be maintained at no less than 65 degrees
and no more than 85 degrees. The Actor, with Equity's consent, shall not be required to continue
to rehearse in space not in compliance with the specified limits.
(E) Stage Manager's Booth. Any booth or room, separate from the stage area, from which the
Stage Manager must call cues, must be equipped for air circulation, heating, safety, safe access
and proper lighting as provided in Rule 52(A).
(F) Aisles Ramped. In all arena theatres, there shall be no riser between the runway and the
stage. A ramp or other leveling device must be provided. There shall be side rails on any ramp
adjacent to any pit.
Aisles shall be maintained in a firm and even condition and, if not constructed of a hard surface
such as concrete, asphalt, or macadam, must be covered, and the coverings be secure.
(G) Guide Lights. All ramps, stairways, entrances and exits, crossover areas, or off-stage
passageways, which may be affected by blackouts, shall be illuminated with guide lights.
In arena theatres, there shall be two guide lights on the edge of the stage and one on each side
of every ramp leading to the stage. There shall be a guide light on each side of the aisle adjacent
to the first row of seats of every aisle, and there shall be guide lights on each side of every aisle
at eight-foot intervals. In addition, there shall be level guide lights on stage along the edge of any
pit. There shall be a warning light at eye level on both sides of every pole located in an aisle, or
any other obstruction in an aisle, which Equity shall deem to be potentially injurious or unsafe.
(H) Notice Requirement. The Producer will notify all Directors, Choreographers and Designers,
in writing, of the following: The Theatre and the Council of Stock Theatres (COST) are concerned
about the safety of Actors in rehearsal and performance. Staging, choreography and design must
take Actor safety into account and will be reviewed by the Theatre accordingly. Of concern, for
example, are turntables, moving scenery, weapons, costumes, fog and/or smoke, and the use
and degree of raked stages; suspension from trapezes or wires or like contrivances; and use of

COST 2015-2019 59
or exposure to weapons, fire, or pyrotechnic devices. For each show in the season, the Stage
Manager, utilizing a form approved by Equity and COST, shall identify the production elements.
(I) Raked Stage
(1) Whenever the use of an inclined playing surface (i.e. raked stages, ramps, etc.) is
contemplated in a production, it shall be the obligation of the Producer to promptly notify
Equity prior to the construction (or use, in the case of sets previously constructed) and to
provide such information as Equity may reasonably request.
(2) When a raked stage is used, a qualified instructor will give instructions to the cast during
the rehearsal period and before rehearsals commence on the inclined playing surface as to
how to perform on the rake in order to avoid the risk of injury. Instructions will also be
provided for all replacement Actors as well as Swings and Understudies, before their first paid
public performance.
(J) Dancing Surfaces. Actors shall not be required to audition, or rehearse dances or dance on
concrete or marble floors or on any other surfaces which Equity shall deem to be injurious or
unsafe, or on wood or on any other substance laid directly over such similar surfaces which do
not provide air space of at least 1-5/8ths inches between the concrete or marble or similar
supporting surface and the dancing surface. Exempt from this rule will be cement transite or other
building materials, which have been or may be developed, Equity approving, which provide a
resilient surface for dancing.
Where platforming is used, it must be securely fastened and the surface completely covered by a
deck of material such as wood or masonite.

The edges of all decks must be clearly visible and, if not, guardrails must be fastened in order to
preclude the possibility of injury.

When orchestra pits are not in use and footlights or other proper demarcations are not used to
outline the stage, then such pits shall be covered by non-flexible material along the area adjacent
to the stage.
(K) Smoke, Haze and Pyrotechnic Effects
(1) Permitted Substances. The Producer agrees to use only dry ice, liquid nitrogen, or
substances listed in, and in accordance with the specific limits set forth in EQUIPMENT-
BASED GUIDELINES FOR THE USE OF THEATRICAL SMOKE AND HAZE prepared by
ENVIRON International Corporation.
(2) Notice Requirement
(a) One week prior to the first day of tech, the Producer must send written notification to
Equity which shall include the following:
(1) The names of all machines, fluids and attachments (e.g. chiller, etc.).
(2) Indicate whether each effect will be following the time and distance calculations in
the EQUIPMENT-BASED GUIDELINES FOR THE USE OF THEATRICAL SMOKE
AND HAZE or a portable air-sampling monitor as outlined in the EVALUATION OF
SHORT-TERM EXPOSURES TO THEATRICAL SMOKE AND HAZE AIR
SAMPLING PROTOCOL both prepared by ENVIRON International Corporation dated

COST 2015-2019 60
May 14, 2001 and as may be amended by Environ and Mount Sinai.
(b) Prior to the first paid public performance, the Producer must send written notification
including but not limited to the following:
(1) The location and setting of each machine and fluid combination.
(2) A list of the smoke and haze cues, including the cue lengths and the distance
between the effect’s release point and the nearest actor.
(3) All applicable calculations and/or air sampling data.
(3) Thereafter, the Producer must notify Equity, in writing, of any changes and/or additions to
the original notification. The Producer must post all written notifications to the Actors’
callboard.
(L) Cots. For casts of 10 or fewer Actors the Producer shall provide two cots, accessible to any
performer at all times during all rehearsals and performances at the theatre location. For casts of
more than 10 Actors an additional cot shall be required.
(M)First Aid Kits. First Aid Kits, stocked with adequate supplies, shall be available and easily
accessible at all times wherever the Actor is required to rehearse, dress or perform.
(N) Intercom System. An intercom system in working order between the stage area and the
dressing rooms shall be installed in all theatres in which Equity deems that the dialogue from the
stage is not clearly audible in the dressing rooms.
(O) Drinking Water. Ample, pure, cool drinking water shall be provided wherever the Actor is
required to rehearse or perform.
(P) Medical Services. An up-to-date list of medical services including doctors, dentists, hospitals,
etc. must be posted on the Callboard at all times and given to the Actor upon his arrival at the
theatre.
(Q) Fire Exits & Safety Procedures/Emergency Evacuation Plan. For all work spaces, there
shall be a fire/evacuation procedures meeting, including instruction to the entire cast by
appropriate Producer personnel, which shall include a walk-through to point out the locations of
all fire exits and fire-fighting equipment and a list of proper procedures in case of fire.  Diagrams
and procedures shall be posted. For tours, a fire/evacuation procedures meeting must take place
upon the Actor’s arrival at each theatre.
(R) Backstage Music. No music shall be piped backstage during half-hour or intermission.
(S) Smoking Areas. In all cases, wing space and dressing rooms shall be designated as No
Smoking areas.
(T) Mechanical Systems. Producer will use best efforts to maintain all provisions contained in
Rules 29 and 52; in the event of mechanical failures, Producer shall be granted a reasonable
period of time to effect repairs or replacements as necessary.
(U) Inspection and Compliance. The Producer agrees that Equity's representative shall have
the right to inspect the Producer's theatre to determine whether or not the theatre is in
compliance with the Safe and Sanitary requirements set forth in the foregoing rules. Any
deficiencies shall be reported in writing to Equity, and the representative shall furnish the
Producer with a copy of such report. Upon receipt of such report, Equity may notify the Producer

COST 2015-2019 61
in writing to correct the deficiencies. Unless the Producer then either corrects the deficiencies
noted or gives to Equity assurances which Equity deems satisfactory that such deficiencies will
be promptly corrected, Equity may certify the theatre as unauthorized for rehearsal, for
performances, or both, as Equity may determine. Upon such certification and until correction of
the deficiencies or the giving of assurances satisfactory to Equity that they will be corrected within
a reasonable time, Equity may require the Actors to refrain from rehearsing and/or performing in
the Producer's theatre.

53. SALARIES
(A) Rehearsal Pay and Minimum Salaries. The Producer may elect to pay salaries either:
(1) Each week on the day before the last banking day of the week, but no later than Thursday
or,
(2) No later than Thursday of the week following the work week. If this option is elected,
Producer shall:
(a) Notify each Actor at the time of offer of employment and in a rider to the contract that
this will be the method of payment;
(b) Pay Per Diem no later than Thursday in each week of employment in which it is due;
and,
(c) In the first week of employment, pay no less than one-half of the week’s applicable
salary, and in the second week of employment pay the remainder of the previous week’s
applicable salary, such that in the third week of employment the Producer will be paying
the full applicable salary to the Actor for the work performed in the second week, and
similarly for each week thereafter.
Payment shall be at a convenient location designated by the Producer. The Producer shall use
his best efforts to assure that this place is neither accessible to nor visible by the public. In no
event shall the Actor be required to stand in line with the public to be paid. Payment shall be
made at a time when the Actor is normally on the theatre premises. In the event the Actor
rehearses in a location away from the theatre location, the Producer shall either pay the Actor in
cash or make arrangements for cashing at a location convenient to the rehearsal.

Minimum Salaries
Tier 1:
Effective Date 12/28/2015 12/26/2016 1/1/2018 12/31/2018
Actor $664 $677 $694 $712
Non-Resident SM $888 $906 $929 $952
Advance SM $888 $906 $929 $952
Resident SM** $1,064 $1,085 $1,112 $1,140
ASM $738 $753 $772 $791

COST 2015-2019 62
Tier 2:
Effective Date 12/28/2015 12/26/2016 1/1/2018 12/31/2018
Actor $678 $692 $709 $727
Non-Resident SM $932 $951 $975 $999
Advance SM $932 $951 $975 $999
Resident SM** $1,121 $1,143 $1,172 $1,201
ASM $752 $767 $786 $806

Tier 2+:
Effective Date 12/28/2015 12/26/2016 1/1/2018 12/31/2018
Actor $731 $746 $764 $783
Non-Resident SM $966 $985 $1,010 $1,035
Advance SM $966 $985 $1,010 $1,035
Resident SM** $1,194 $1,218 $1,248 $1,279
ASM $811 $827 $848 $869

Tier 3:
Effective Date 12/28/2015 12/26/2016 1/1/2018 12/31/2018
Actor $799 $815 $835 $856
Non-Resident SM $1,058 $1,079 $1,106 $1,134
Advance SM $1,058 $1,079 $1,106 $1,134
Resident SM** $1,233 $1,258 $1,289 $1,322
ASM $890 $908 $931 $954

Tier 4:
Effective Date 12/28/2015 12/26/2016 1/1/2018 12/31/2018
Actor $840 $857 $879 $901
Non-Resident SM $1,085 $1,107 $1,135 $1,163
Advance SM $1,085 $1,107 $1,135 $1,163
Resident SM** $1,261 $1,286 $1,318 $1,351
ASM $920 $938 $962 $986

Tier 5:
Effective Date 12/28/2015 12/26/2016 1/1/2018 12/31/2018
Actor $951 $970 $994 $1,019
Non-Resident SM $1,230 $1,255 $1,286 $1,318
Advance SM $1,230 $1,255 $1,286 $1,318
Resident SM** $1,404 $1,432 $1,467 $1,504
ASM $1,026 $1,047 $1,073 $1,100

COST 2015-2019 63
**See Rule 53(B)(1) below.
For salary increases in Unit Attractions playing non-stock theatres, see Rule 20(H)(2).
(B) Per Diem. With the exception of the Resident Stage Manager, the Actor, Stage Manager,
Assistant Stage Manager, or Advance Stage Manager, who resides overnight away from the
Actor’s place of residence for purposes of rehearsal, performance, or travel, shall receive a per
diem payment of $40.00 per day ($280.00 per week).
(1) For the Resident Stage Manager, the Producer may, at his option, pay part of the above
mentioned salary as per diem, not to exceed seven times the per diem amount prescribed
above.
(2) Non-Touring Productions. When a production is produced for a single location
engagement, and the Actor will be resident in one location for no less than four weeks, and
Actor’s free housing provides kitchen facilities, then the Producer will have no obligation to
pay per diem. Should an Actor’s housing not provide access to kitchen facilities, then the
Producers will pay the applicable per diem as specified above.
In the event an Actor elects to live at home and travel to and from the theatre for rehearsal
and/or performance, the Producer is relieved of his obligation to provide housing in the
immediate vicinity of the theatre as specified in Rule 29(A), and per diem shall not be
required.
In this event, all such Actors shall receive, in lieu of per diem, the actual cost of transportation
to and from the theatre, not to exceed the per diem specified in the contract. When
applicable, the Producer may provide transportation at the Producer’s own expense for each
Actor in place of payment to the Actor for same.
(3) Touring Productions. When touring, Actors shall receive per diem for all days the Actor
is required to be away from his place of residence, including the travel day after the close of
production.
(C) Extraordinary Risk Payments
When the Actor is called upon to perform "extraordinary risk", he shall receive no less than
$10.00 per week above the required weekly minimum salary during rehearsal and performance.
"Extraordinary risk" is defined as performing acrobatic feats, suspension from trapezes or wires or
like contrivances, the use of or exposure to weapons, fire or pyrotechnic devices, knee drops and
slides, throws and catches, and the taking of dangerous leaps or falls. The Producer agrees to
abide by the determination of Equity as to whether this section applies to any given situation and
such determination shall be final.
An Actor also shall be deemed to be engaging in "extraordinary risk" if the staging or
choreography requires the Actor to execute movements which depart from the accepted
techniques of movement and support as used in contemporary theatre dance, i.e., classical
ballet, modern, modern jazz, ethnic, tap and soft shoe.
No Actor shall be required to perform any feat or act, which places him in imminent danger or is
inherently dangerous, nor shall any Actor be required to perform in a costume or upon a set,
which is inherently dangerous.

COST 2015-2019 64
Equity shall have the sole right to determine what constitutes an inherently dangerous condition
as defined herein and may, at its discretion, order that such condition be removed from the
production. Before Equity makes a decision to remove the condition, a representative of Equity
(other than a member of the company) shall personally examine the condition and consult with
the Producer for the purpose of advising Equity as to such removal. Equity's decision shall in no
way reduce the Actor's right to proper insurance coverage under the provisions of this Contract.
(D) Additional Duties. A Principal Actor shall not do any additional work without mutual
agreement and an additional negotiated compensation therefore, which shall be no less than
3.2% of the applicable minimum salary (or $28.00, whichever is greater) per week.
Additional work is defined as work not specified in the Actor's contractual agreement at the time
of its original signing (e.g., playing additional parts or understudying). Additional duties shall be
contracted by Rider with copies to the Actor and Equity.
When an Assistant Stage Manager is required to act in a production, he shall be paid an
additional sum of not less than 2.5% of the applicable minimum salary (or $21.00, whichever is
greater) per week.
(E) Full Contractual Salary During Rehearsal. Stage Managers, non-performing Assistant
Stage Managers, and Advance Stage Managers shall be paid full contractual salary during
rehearsals, commencing with the first day of their respective rehearsal periods.
(F) Rehearsal Pay, Pro-rating. The Producer agrees to pay the Actor at the rate of rehearsal
pay (minimum salary) per week commencing with the required date of arrival of the Actor, except
when the Actor is called upon to rehearse four days or less. In such event the compensation may
be pro-rated, and the Actor paid one-seventh for each day of rehearsal or part thereof. Said
compensation shall be computed consecutively from the day the Actor is required to arrive up to
the first performance day. If the Actor is called upon to rehearse more than four days, but fails to
do so through no fault of the Producer, then said Actor's compensation may also be pro-rated, as
stated above.
(G) Performance Salary, Pro-Rating
(1) The Producer may pro-rate the Actor’s salary in the last week of employment provided that
week does not exceed four days and a day off is provided within the four-day span. The Actor
shall be paid one-sixth for a one-performance day, two-eighths for a two-performance day,
and one-sixth for the day off. The Actor shall be so advised by rider.
(2) During the third and fourth weeks of December and the first week of January, the Producer
may pro-rate salaries if any of these weeks is the Actor’s last week of employment. It is further
acknowledged that should this pro-rated formula become necessary, the Actor shall be paid
one-sixth for a one-performance day, two-eighths for a two performance day, and one-sixth
for the day off, provided the day off falls prior to the last performance day. The Actor shall be
so advised by rider.
(3) A full week’s health contribution shall be paid.
(H) New Production at Same Theatre. An Actor engaged on consecutive Stock Jobbing
Contracts at the same theatre or for the same Producer shall receive full rehearsal pay for each
day of rehearsal of a subsequent production, in addition to the applicable salary for the
production being performed.

COST 2015-2019 65
(I) Term Increment. The Producer may sign an Actor to a Term Rider converting the Stock
Jobbing or Resident Contract to a Term Contract. An Actor signed to a Term Rider shall be paid
during performance weeks a weekly Term increment of no less than 25% of the applicable
minimum salary, plus any and all other additional compensation as required under this
Agreement for other duties assigned. Actors signed to a Term Rider are not due the Term
Increment during the rehearsal period. Term Increments may not be prorated during partial
performance weeks. [See Also Rule 15(E) CONTRACT, Rule 60 TERM RIDER and Rule 61(E)
TERMINATION]
(J) Actual Salary. The actual salary of the Actor agreed upon shall be stated in his contract, and
a lesser or fictitious salary shall not be stated in his contract.
The Producer and the Actor will make no agreement that includes in or deducts from the
contractual salary the necessary rehearsal pay or any other sums that are due or may become
due the Actor.

No contract or rider thereto shall specify two salaries for any week. In the event two salaries are
specified, the higher salary shall prevail and any and all additional payments that are due or may
become due in accordance with Equity Rules shall be based on the higher salary.
(K) Contingent Compensation. No employment contract shall be entered into by the Producer
or Actor in which the compensation is wholly contingent upon receipts without the written consent
of Equity, which consent will not be unreasonably withheld. In no case shall compensation be
contingent upon profits.
(L) Checks. The Producer may pay salaries by check if facilities are made available for cashing
said checks at no expense to the Actor, except that an Actor may, if he agrees in writing, be paid
by certified check. In any event, no check or draft, either of the Producer or a third party, given to
or received by the Actor in payment of any sum under his agreement of employment, shall
operate to minimize or affect his claim for salary or other compensation under his agreement.
All Actors shall be given the option of direct deposit of paychecks and per diem checks to the
bank of the Actor’s choice at no cost to the Actor.
(M)Payment in Legal Tender. If a company is organized in the United States, all salaries shall
refer to and be paid in legal tender of the United States, provided that the Producer may make
payment in Canadian currency of equivalent value at the then current rate of exchange for
services performed in Canada.
(N) Record of Salary Deductions. Whether salary payments are by check or by cash, the Actor
must be issued a stub or other record of gross salary, an itemization of extraordinary payments
(e.g., Overtime, clothing rental, etc.), itemized deductions, and net salary for his records. In
addition, should the Producer directly deduct monies from salary for room rent, a separate receipt
will be provided to the Actor.

54. SECURITY AND SECURITY AGREEMENT


The Producer shall be ineligible to engage Actors to perform in Stock unless and until such Producer
shall have furnished security in such amount and in such manner and form as may be satisfactory to
Equity to insure the payment of the claims of Actors against such Producer.

COST 2015-2019 66
No Actor shall work or be required to work or continue in the employment of any person or Producer
or any company, if and when Equity shall be dissatisfied with the quality or amount of any security
which may be offered or given or requested by Equity to secure the payment of any claim, present or
future, of any Actor.

The provisions of any and all agreements relating to security deposited or agreed to be deposited
with Equity covering any employment under this Agreement and any contracts of employment are
hereby adopted and made part of this Agreement, and said contracts. This includes agreements on
forms now called "Bonds", "Security Agreement" and "Producer's Statement".

55. SET MOVES


(A) Definition of Work Permitted Without Additional Compensation
(1) The Actor shall be permitted, without payment of additional compensation, to set props
and small set pieces and to move furniture and set pieces specifically designed to be easily
deployed by such Actor, provided that such action is within the scope of the Actor’s character
in the play and that such movement would customarily be performed by such a character
during the action depicted in the play.
(2) The Actor shall be permitted, without payment of additional compensation, to set props
and small set pieces and to move furniture and set pieces specifically designed to be easily
deployed by such Actor, provided that such action coincides with the Actor’s entrance into (or
exit from) a scene in which the Actor takes part as an integral and necessary participant in the
staged plot. Such movement need not be attributed customarily to any character during the
action depicted in the play. Resetting of props in a scene by Actors participating in said scene,
shall be permitted.
(B) Definition of Work Not Permitted
Set or prop moves which are inherently hazardous due to location on stage, weight of the set
piece or prop, construction, pyrotechnic or electrical effects, proximity to machinery or
simultaneous movement of other scenery or effects, shall not be undertaken by the Actor.
(C) Compensation
(1) An Actor assigned to perform any set moves other than those described above shall be
paid not less than $12.00 per week commencing with the first paid public performance of the
play. This payment shall be inclusive of all set moves. All set moves shall be assigned to the
Actor by Rider to the Actor’s employment contract. It is agreed that assignments may be
withdrawn or reassigned at the discretion of the Producer and that additional compensation
payable hereunder may likewise be adjusted upon execution of a Rider to the Actor’s
employment contract.
(2) An Actor who performs as a Swing, Understudy, or temporary replacement in a part which
involves set or prop moves for which additional compensation is required, shall be paid pro-
rata for each performance.
(3) Payment hereunder shall be in addition to the Actor’s contractual salary.

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56. SOCIAL SECURITY AND UNEMPLOYMENT INSURANCE
(A) It is understood and agreed that the Actor is entitled to the benefit of all Federal and State
enactments constituting what is commonly known and designated as Social Security Acts and
Unemployment Insurance Law and that the Producer during the term of this Agreement and all
contracts of employment shall pay any and all taxes or payments required to be paid by
employers under the Provisions of said law. The Producer agrees to provide Social Security
benefits under the elective provisions of the Social Security law, if he is not required to provide
benefits under the law. In the event the services of the Actor are not subject to the compulsory
provisions of an Unemployment Compensation (Insurance) Law of any state, then the Producer
hereby agrees that he will elect to cover the Actor and pay contribution on the earnings of the
Actor under the elective provisions of the Unemployment Insurance Law of the State of New
York, and/or such other eligible state as Equity may determine to be in the best interests of the
majority of the Actors employed by the Producer. In the event, however, the Producer is not
eligible to elect to come under the New York State Unemployment Insurance Law, and if Equity
has not designated another eligible state, then the Producer agrees to elect to come under the
Unemployment Compensation (Insurance) Law of the state where he has his principal place of
business, or of the state of the Actor’s residence or of the state where the contract of employment
was entered into.
(B) The Producer agrees to elect coverage and to pay contributions within the time required by
applicable state law. When such election is made to New York State, the Producer agrees to
report the Actor by name, Social Security number and by New York address to the appropriate
agency during the first week of the Actor's employment and, in no event, later than the quarter in
which the work is performed.
(C) The Producer agrees to execute and file the necessary forms required by the State
Unemployment Compensation (Insurance) Law under which he has elected to cover the Actor
and shall notify the Actor of his election.
(D) Simultaneously with the posting of security, the Producer shall submit proof, satisfactory to
Equity, that the Producer has applied for Unemployment Insurance Coverage, and deliver a true
copy of his application to Equity. The Producer warrants and represents that he will not withdraw
such application, nor modify or change it without the written consent of Equity.
(E) In the event any Producer fails to apply for Unemployment Insurance coverage or withdraws
or modifies any application for such coverage without the written consent of Equity, or fails to
elect coverage within the time required by applicable state law, or fails to pay the required
insurance contributions to the appropriate state agencies within the time required, he must pay to
the Actor the equivalent of any Unemployment Insurance benefits the Actor may lose as a result
thereby. This obligation shall survive the termination of the Actor's contract of employment.
(F) Equity may require the Producer to furnish satisfactory evidence that he has obtained and
maintained maximum Unemployment Insurance coverage for Actors employed by him in
accordance with this Rule. If Equity is not so satisfied, it may retain the Producer's Security
(Bond) as a fund against claims.

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57. STAGE FIGHTING/ STUNTS
Stage Fighting. The following regulations shall be followed whenever a production requires an Actor
to engage in stage fighting/stunts, with or without weapons, and/or choreographed movements such
as falls, throws, tumbling, catches, aerial work, silk performance, rappelling, bungee jumping, the use
of or exposure to weapons, fire, or pyrotechnic devices, etc.
(A) No Actor shall be required to participate in stage fighting/ stunts unless he has agreed to
same by means of a signed rider.
(B) A Stunt Coordinator (e.g., stunt man, aerialist instructor, professional flyman, etc.) must be
hired to teach stunts (unless the Actor performing the stunt is trained in that stunt specialty).
(C) All stage fights will be staged with on-site consultation by a qualified professional (i.e.,
someone with expertise in stage combat and, where appropriate, weaponry and/or martial arts).
(D) Equipment used in the performance of any stage fight and/or stunt shall be checked by the
appropriate qualified personnel, including appropriately trained Theatre staff, prior to each
performance.
(E) If the Fight Director or Choreographer is not present during the run of the production, a Fight
Captain must be selected within the first week of fight/stunt rehearsals and paid from the
beginning of that week. The Fight Captain, if such duty is assigned to an Actor on Equity contract,
shall be paid no less than 3% of minimum salary or $25.00 per week, whichever is greater, in
addition to his weekly contractual salary. Additionally, if there is aerial work, silk performance,
rappelling, or bungee jumping in the production, and the Stunt Coordinator is not present during
the run of the production, either the Fight Captain or the Dance Captain shall be assigned to
maintain the stunt(s) and shall be paid not less than an additional 1% of the applicable minimum
salary or an additional $10.00 per week, whichever is greater, for the assignment. [See also Rule
17. DANCE CAPTAINS]
(F) All Actors who participate in a fight shall run through the routine during the 15 minutes prior to
half-hour. Any exception to this rule shall be at the express discretion of the Fight Captain/ Dance
Captain. Such run-throughs are permitted to impinge upon the regular breaks and/or hours.
(G) Understudies and replacements shall be rehearsed by the fight/stunt director or Fight Captain.
Performing members of the Company shall rehearse stage fighting/stunts with understudies and
replacements during regular rehearsal hours under the direction of the fight/stunt director or Fight
Captain at least once prior to the understudy or replacement Actor’s performance in any role.
(H) First Aid. Proper first-aid information and equipment (including cold packs) shall be made
available at any rehearsal or performance site where stage fighting/stunts occur.
(I) Firearms. Prior to the first use of firearms, it is essential that appropriate firearms instruction
and rehearsals be held to ensure the Actor’s safety and such demonstration shall be by a
qualified individual. Thereafter, safety demonstrations and/or instructions will be required for all
affected replacement Actors, as well as Swings and Understudies, before their first paid public
performance. Modifications to any firearm that is discharged on stage shall be done by a licensed
gunsmith. Cosmetic and/or non-mechanical alterations of the gun shall not be considered a
modification requiring a gunsmith. This Rule shall not apply to firearms that are specifically
pyrotechnical devices that are electronically triggered. Any costs associated with the use of
firearms as props shall be borne by the Producer.

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(J) The Fight Director or Choreographer and/or Fight Captain shall consult with all other artistic
personnel to achieve the optimum degree of safety.
(K) In recognition of the need for safety, the Producer may Record fight sequences during the
rehearsal period which may be viewed only by appropriate artistic and production personnel. The
recording shall be under the supervision of the Stage Manager and shall be erased once the
show has closed. A rider shall be attached to the Actor’s contract stating that the fight/stunt
sequences will be Recorded.

58. STAGE MANAGERS


In every company in which an Actor is employed, all Stage Managers, Assistant Stage Managers and
Advance Stage Managers shall be signed to the appropriate contract. Because the duties of the
Advance and Resident Stage Managers include a comprehension of the technical and artistic aspects
of a production, these positions should not be considered entry-level positions, but should be filled by
individuals with stage managerial experience. The Stage Manager has the right to consult with the
Producer in the selection of an Assistant Stage Manager(s).
There shall be one non-performing Assistant Stage Manager with each production. In Tiers 4 and 5,
there shall be two non-performing Assistant Stage Managers with each Chorus musical or large-cast
production (15 or more performers on stage). Whenever a second Assistant Stage Manager is
engaged in accordance with this provision, the Producer may count that second Assistant Stage
Manager in the Equity ratio under Rule 38(H).
(A) Consecutive Stock Jobbing Packages. In every musical package or traveling company
using Stock Jobbing contracts, an Assistant Stage Manager who will be permitted to act shall be
employed. A Stage Manager or Assistant Stage Manager must travel with said company. In every
dramatic Package or traveling company of six or more using Stock Jobbing contracts, an
Assistant Stage Manager who will be permitted to act shall be employed. A Stage Manager or
Assistant Stage Manager must travel with said company.
An Advance Stage Manager shall be required in all Package productions, and shall be hired no
later than the first day of rehearsal, with employment to be continuous through the entire
rehearsal period and at least one week at each theatre at which the Package plays, through the
opening at the last theatre the Package is to play. However, if the production is rehearsing at a
place other than its originating theatre for 10 days or less, the Advance Stage Manager shall be
employed three days before the first day of rehearsal.

In the event the Package plays more than one week in any theatre before going to another
theatre, the first of such two Theatres shall pay the Advance Stage Manager an expense
payment of not less than the amount proscribed in Rule 53(B) for each such week, but in no
event less than $150.00 per week, in addition to any per diem received.

Should the Advance Stage Manager do work for the production during his layoff week(s), he shall
be paid one-seventh of contractual salary for each day, or part thereof, worked. In the event the
Package plays more than one week in the same theatre, the Advance Stage Manager is required
to be hired for only the week prior to the opening at the next theatre.
(B) Unit Attraction. A Stage Manager and a non-performing Assistant Stage Manager who may
understudy shall be employed in every Unit Attraction. The Stage Manager shall be hired no later

COST 2015-2019 70
than three days in advance of the commencement of rehearsals. One of the above shall travel
with the Company between theatres.
(C) Not Permitted to Act. The Stage Manager and the required Assistant Stage Manager shall
not be permitted to act and shall not be permitted to understudy.
(D) Attendance at Performances and Rehearsals. A Stage Manager, Assistant Stage Manager,
or Advance Stage Manager shall be in attendance at all rehearsals. One of the foregoing shall
call the show during all performances and is permitted to be at all production work calls, but this
shall in no event constitute Overtime.
In the event that for any performance the Stage Manager is not on the premises and no
replacement Stage Manager is hired, the Assistant Stage Manager fulfilling all of the duties of the
Stage Manager shall receive not less than the minimum salary for Non-Resident Stage Manager
for that production for such performance.

In the event the Stage Manager cannot be in the theatre during any performance due to illness or
other unforeseen emergency, and if the Assistant Stage Manager is not able to perform the duties
of the Stage Manager, an Actor under contract to the Theatre at the time may agree to perform
the duties of the Stage Manager provided he receives a minimum of $50.00 or a sum no less than
6.5% of the applicable minimum weekly salary for an actor, whichever is greater, in addition to his
contractual salary for each performance during which he so functions.

When an Actor substitutes for the Stage Manager under the above conditions, the Producer is
neither required to announce this change, nor is he required to put a printed slip in the program
nor post this change in the lobby.
(E) Pre-Production and Post-Production. No Stage Manager, Assistant Stage Manager or
Advance Stage Manager shall perform work of any nature for a Producer until he has received
instructions from the Producer and has signed the appropriate contract.
The Resident Stage Manager shall be engaged at least one week before the opening of the
Theatre for the season. Whenever the Producer does not employ a Resident Stage Manager, but
utilizes a jobbing Stage Manager for an individual production, said jobbing Stage Manager shall
be engaged at least one week before the first rehearsal of the production. Each shall receive at
least one week's contractual salary before such opening. Each Assistant Stage Manager shall be
engaged at least two days before the beginning of rehearsal and shall receive at least two days’
contractual salary before rehearsals begin. The contractual compensation agreed upon between
any Stage Manager, Assistant Stage Manager or Advance Stage Manager and the Producer shall
be paid from the time the Stage Manager, Assistant Stage Manager or Advance Stage Manager
is first called.

When a Stage Manager, Assistant Stage Manager, or Advance Stage Manager is called to
perform services in productions either prior to the reporting date on the face of his contract, or
after the last production has closed (or, in the case of the Advance Stage Manager, after the
conclusion of contractual obligations), he shall be paid no less than one-sixth of his contractual
salary for each day of performing said services, including services at auditions.

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(F) Tech Week Compensation. For the tech week of each production, the Stage Manager,
Assistant Stage Manager(s) (and Advance Stage Manager, if applicable) shall be paid, in addition
to contractual salary, not less than 1/6th of contractual salary, with method of payment to be
stated in a rider to the contract.
(G) Time Off and Overtime. The Producer and the Stage Manager must work out a plan to
provide time off for the Stage Managerial staff equivalent to the Daylight Day of Rest as required
for Actors. If this is not done, the Stage Managerial staff will be paid one-sixth of contractual
salary for each such Daylight Day of Rest that is not given. Meal breaks shall be of the same
duration as for Actors but not necessarily at the same time.
The rest period between the end of work on one day and the beginning of work on the next shall
be no less than 12 hours, except that during the 48 hours prior to an opening, the rest period shall
be no less than 10 hours.

Should the Stage Manager or Assistant Stage Manager be required by the Producer to remain in
the theatre more than 30 minutes after the final curtain, that Stage Manager or Assistant Stage
Manager shall be compensated at the current hourly overtime rate, and in no event shall less
than one hour of overtime compensation be paid.

If any members of the Stage Managerial staff are in attendance at rehearsals or performances for
hours which would have given an Actor Overtime had the Actor rehearsed and/or performed
those same hours, said members of the Stage Managerial staff shall receive the overtime
compensation that would have been due the Actor.
(H) Conversion. When a production is at a proscenium theatre and is to play the following week
at a theatre-in-the-round or the reverse, and a conversion rehearsal is required, the Stage
Manager shall be compensated in accordance with Rule 50(F)(5).
When, in the absence of the Director, a Stage Manager is required to re-stage for conversion
purposes, said Stage Manager shall be paid one-seventh of contractual salary for each day of
such rehearsals in addition to payment which may be required pursuant to Rule 50(F)(3),
50(F)(5), or 50(H).
(I) Duties and Obligations of a Stage Manager. It is agreed that the Stage Manager's function
is a full-time one. The Stage Manager must not be required to function in areas which impinge
upon his primary duties as a Stage Manager.
(1) A Stage Manager under an Equity contract is, or shall be, obligated to perform at least the
following duties for the production to which he is engaged, and by performing them is hereby
defined as the Stage Manager. The Stage Manager shall:
(a) Be responsible for the calling of all rehearsals, whether before or after opening;
(b) 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;
(c) Work with the Director and the heads of all other departments, during rehearsal and
after opening;
(d) Schedule rehearsal and outside calls in accordance with Equity's regulations;

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(e) Assume active responsibility for the form and discipline of rehearsal and performance,
and be the executive instrument in the technical running of each performance;
(f) Maintain the artistic intentions of the Director and the Producer to the best of his
ability after opening. This duty includes the calling of correctional rehearsals of the
company, when necessary, and the preparation of the Understudies, Replacements and
Extras when and if the Director and/or the Producer declines this prerogative;
(g) Keep such records as are necessary to advise the Producer on matters of
attendance, time, or other matters relating to the rights of Actors;
(h) Maintain discipline as provided in the Equity Constitution, By-Laws and Rules where
required. (Any disciplinary action may be appealed in every case to Equity)
(2) The following are not Stage Managerial duties and members of the Stage Managerial staff
shall not be required to perform the following unless by mutual agreement by both parties
separate from the Equity contract. A copy of such agreement shall be forwarded to Equity:
(a) Participate in the ordering of food for the company;
(b) Transport the company from theatre to theatre or be responsible for the maintenance
of any vehicle;
(c) Perform the duties which are properly those of stage hands, or box office personnel;
(d) Design, build, hang, transport, operate, shop for or maintain lights, video, projections,
sound, scenery, props, wardrobe or animals;
(e) Arrange for living accommodations for the company, but may act as the means of
communication between the Actor and the Producer.
(3) Activities Prohibited
(a) Members of the Stage Managerial staff are prohibited from handling contracts, having
riders signed or initialed, or from fulfilling any other function which normally comes under
the duties of the General Manager or Company Manager.
(b) Members of the Stage Managerial staff shall be prohibited from signing the closing
notice of the Company or the individual notice of termination of an Actor's contract.
(c) Members of the Stage Managerial staff are prohibited from the making of payments or
any distribution of salaries.
(d) Members of the Stage Managerial staff are prohibited from doing janitorial, custodial
or building maintenance work as part of their Stage Managerial duties.
(J) Duties of Advance Stage Manager. During the rehearsal period the Advance Stage
Manager must familiarize himself with all aspects of the production and all pertinent facts relating
to the Company which he is advancing. He must provide this information to the Theatres in which
performances will take place, at the earliest convenient time, and upon arrival at such theatres,
assist the Theatre manager and the Stage Manager in properly presenting the production.
(K) Duties of a Performing Assistant Stage Manager in Touring Packages. The performing
Assistant Stage Manager’s function and duties must never impinge upon his duties as an Actor.

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The performing Assistant Stage Manager shall:
(1) Prior to the first paid public performance, attend all rehearsals, whether or not needed as
an actor.
(2) Assist the Advance Stage Manager and the Resident Stage Manager whenever
necessary.
(3) Be responsible for overseeing the loading and unloading of all traveling props and set
pieces, sound recordings and prompt book.
(4) Be responsible for the taking of attendance of traveling actors for bus calls to the next
theatre. The Assistant Stage Manager is required to travel with the Company.
(5) In the absence of the Advance Stage Manager, the performing Assistant Stage Manager
shall be the liaison between the company and the subsequent Theatre in regard to the
collection and distribution of pertinent information (e.g., housing).
(L) It shall not be a condition of employment that any member of the Stage Managerial staff must
own a motor vehicle.

59. SUBSIDIARY RIGHTS


Should a Producer, or should any management, group or enterprise, corporate or otherwise, which
the Producer controls or in which he has more than a 10% financial interest, present an original play
for the first time, and subsequently bring the play to Broadway or take the play on tour under the
Production contract or televise or film the play within three years of the production in his theatre, all
Actors engaged in such production must receive a bona fide offer to perform the same role(s) or
function(s) for which they were engaged in the original production. If such bona fide offer is not made,
the Actor, Stage Manager, and/or Understudy shall receive four weeks minimum Production Contract
salary, or the applicable SAG-AFTRA minimum, whichever is higher.
Should a Showcase production or other production produced under terms of an Equity Code or Equity
Contract other than a Standard Equity Contract, which contains a Subsidiary and Conversion Rights
Clause, be produced under this contract within three years of its last performance as an Equity Code
production, all Actors who have been engaged in such Code production must receive a bona fide
offer to perform the same role(s) or function(s) for which they were engaged in the Code production.
If such bona fide offer is not made, the Actor shall be compensated therefore in the amount of three
weeks minimum salary called for under this Agreement in lieu thereof. The foregoing clause is not
applicable where the production under the COST contract is not the first commercial presentation of
the play within said three years.

60. TERM RIDER


The Producer may sign an Actor to a Term Rider converting the Stock Jobbing or Resident
Contract to a Term Contract. An Actor signed to a Term Rider shall be paid during performance
weeks a weekly Term Increment of no less than 25% of the applicable minimum salary, plus any
and all other additional compensation as required under this Agreement for other duties assigned.
Actors signed to a Term Rider are not due the Term Increment during the rehearsal period. Term
Increments may not be prorated during partial performance weeks. The Term Rider must be in
effect for the entire duration of contemplated employment. The Term Rider shall stipulate that

COST 2015-2019 74
neither party may give individual notice during the entire period of contemplated employment. A
Term Contract may be terminated only by mutual consent or upon the proper closing of a
production or season. [See also Rule 15(E) CONTRACT, Rule 53(I) SALARIES, and Rule 61(E)
TERMINATION]

61. TERMINATION
(A) Notice
(1) It is the essence of all employment contracts that all notices of termination thereunder,
Company and individual, must be in writing. Copies of all notices must be filed with or mailed
to Equity forthwith by the party (Actor or Producer) giving notice. Full power is reserved to
Equity to grant relief from this Rule, where in its opinion, the person or persons to whom
notice is given has not or have not been misled or injured.
(2) All notices of termination from the Actor shall be given in writing to the Producer or his
designated representative. Notices to the Actor must be given to him personally in writing
unless the Producer has procured the address of the Actor, in which case, unless otherwise
provided, it may be given by mail or telegram. All Company termination notices shall be
posted on the Callboard.
(3) Notice of termination must be given by either party to the other before the Actor leaves the
theatre after the first public performance of each play, or if any play runs for more than one
week, before the Actor leaves the theatre on the first public performance of any subsequent
week.
All termination notices shall be effective at the end of a Work Week. Notice of termination
may not be given during the rehearsal period except by mutual agreement.
(B) Just Cause. No Actor may be discharged except for "just cause" which shall include, without
limitation, artistic and disciplinary reasons. When requested by the Actor, the Producer must
furnish his reasons for dismissal to the Actor and to Equity, in writing, within two weeks of such
request. Equity may then investigate the basis for said dismissal. If Equity desires to challenge
any discharge, then the matter shall be submitted to arbitration in the manner provided in Rule 3.
(C) Individual Termination Before Rehearsals. With the exception of Term Contracts (see Rule
(E) below), Resident Stock, Stock Jobbing and Unit contracts may, before the beginning of
rehearsals, be terminated as follows:
(1) Termination by Actor. The Actor may terminate the contract by giving written notice to
the Producer at any time prior to two weeks before the reporting date on the face of the
contract, and giving written notice of termination of all contracts for the same part in the same
play to all subsequent (Stock) Producers.
(2) Termination by Producer. The Producer may terminate the contract by giving written
notice to the actor and paying him a sum equivalent to one week’s salary multiplied by the
number of weeks of employment guaranteed on the face of his contract.
(D) Individual Termination After Opening
(1) Resident Contract for Stock / Packages (Consecutive Stock Jobbing) / Unit Contract
for Stock. Either party may, (except as herein provided in (F) or (G) of this Rule) by giving

COST 2015-2019 75
two weeks’ notice in writing to the other at any time after performances have begun, terminate
said contract said termination to be effective at the end of two weeks after said notice is given.
Fares and transportation to and from the place of engagement are to be paid by Producer.
(2) Stock Jobbing Contract. If an Actor is engaged under a Stock Jobbing Contract to
perform in a production that is scheduled to run for more than two weeks, either party may
terminate the contract by giving two weeks’ notice in writing to the other. If the production is
scheduled to run for two weeks or less, the contract shall terminate automatically at the end of
the run of the production.
(3) Term Contract. See Rule (E) below.
(E) Term Contract. Upon proper execution of a Term Rider, a Term Contract may only be
terminated by mutual consent either prior to or during the entire period of contract employment.
The period of such contract shall be for the fixed period of the anticipated run of the production,
and may include a guarantee in excess of one week. [See also Rule 15(E) CONTRACT, Rule
53(I) SALARIES, and Rule 60 TERM RIDER]
(F) Extension of Season. Should the Stock season be extended by the Producer beyond the
originally announced closing date, the Actor, at his option, may within 36 hours of the
announcement of said extension, terminate his contract upon written notice, said termination to
coincide with the originally announced closing. Written notice under the above conditions may be
less than two weeks’. Should the Actor agree to remain at the theatre for the extension of the
season, a written agreement so stating shall be executed, and a copy filed with Equity.
(G) Termination Due to Illness or Accident
(1) During Rehearsals. When the Actor shall have absented himself from rehearsals for
seven days by reason of illness or accident, the Producer may terminate the contract in
writing at the end of said seven days. Equity may, at its discretion, upon appeal of the
Producer, reduce this period.
(2) During Performance Weeks. The contract of an Actor who accumulates seven days of
absence from performance due to illness or accident shall be subject to immediate
termination (in writing) at the Producer's option, following said seven days of absence. Equity
may, at its discretion, upon appeal of the Producer, reduce this period. In the case of a
Package, the terminating Producer shall immediately notify all successive Producers of the
Package of said termination, and each shall have the right to terminate the Actor's contract
without penalty within the two weeks following the initial termination.
(H) Additional Provisions. Actors whose contracts are terminated under the above sections (F)
or (G) shall be entitled to return transportation and payment for all services to date.
In addition, Actors whose contracts are terminated under the above section (G) shall be entitled, if
otherwise qualified, to the payments specified in Rules 30 and 31.
(I) Actor's Obligation After Giving or Receiving Notice. Once an Actor has been given notice
(or gives notice), he shall not be called in for rehearsal of any subsequent production in which he
will not perform.
(J) Payment by Actor. If, after opening, the contract is terminated by the Actor (except as
provided for in paragraphs (F) or (G) above), he agrees to pay his own fare back to his residence,
and to reimburse the Producer for any fare the Producer may have to pay for the Actor's

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successor to the point where said successor joins the company [see Rule 62(A)(1)], whether for
rehearsal or performance; except that a Chorus Actor shall be liable for the fare of his successor
as stated herein only if said Chorus Actor terminates the contract solely for the purpose of
fulfilling another engagement, or where the employment is terminated during the originally
scheduled run of the final production.
Anything herein to the contrary notwithstanding, should the Actor give notice at any time after 10
consecutive weeks of employment hereunder from the date of opening, terminating this contract,
he shall not be liable for his own and/or his successor's return transportation which shall be paid
by the Producer.
(K) Payment When Actor Is Not Allowed to Work Out Notice. Where notice is given the Actor,
he shall be paid immediately when he is no longer called upon to perform and he may forthwith
accept other employment.
(L) Rights After Giving Notice When Actor Secures New Engagement. Should either party
give the other any notice permitted under this contract which terminates the contract at any future
date, and should the Actor have or secure a new engagement, he shall be permitted to attend
rehearsals under the new engagement as may be necessary and as do not conflict with his
performances under his then existing contract.
(M)Additional Payments and When To Be Given. When individual notice of termination is given
by the Producer, he agrees to pay the Actor, in cash, the amount of the cost of transportation of
the Actor and his baggage back to his residence, whether the Actor returns immediately or not.
[See Rule 62(A)(1).]
(N) Actor Re-Engaged or Replaced. Should a Producer dismiss or give an Actor notice
whereby he terminates the Actor’s employment, he may not later re-engage him for the same
part or replace him with another Actor at a lesser salary than the highest salary in the original
contract, without the written consent of Equity except for an Actor whose salary is above $2,000
who is terminated under the provisions of (G) above.
(O) Permanent Replacement. If a Principal Actor's employment is terminated, a contract for
replacement must be negotiated and signed between the Producer and the Understudy or other
replacement no later than two weeks after the Principal's last performance in the production.

62. TRANSPORTATION AND BAGGAGE


(A) Transportation of Actor by Producer: General Provisions
(1) Except as specifically changed or modified herein, the Producer shall, at his own expense,
transport the Actor when required to travel, from the Actor's residence (meaning the place of
engagement or its environs) as specified on the face of the contract, to the theatre and return.
At the time of audition, the Actor must declare his/her bona fide city of residence. The
Producer shall provide such methods of travel to the theatre as are most direct within the
public means of ground transportation available. Where either train or bus might be used, the
preferred method of transportation shall be train unless Equity authorizes otherwise.
(2) The Producer shall furnish the Actor with the necessary transportation tickets or their cash
equivalent. All transportation tickets or their cash equivalent from the Actor's residence (as
described in paragraph (A)(1) above) to the theatre shall be delivered to the Actor at least five

COST 2015-2019 77
days in advance of departure. The Producer shall deliver to him, his return transportation at
least five days before the close of the Actor's engagement.
If, in an emergency, it should become impossible for the Producer to comply with the above
conditions, the Producer shall reimburse the Actor upon his arrival, in an amount equal to the
actual sum spent by the Actor for transportation, but in no event less than the cost of
transportation as prescribed in paragraph (A)(1) above.
(3) Anything in the foregoing to the contrary notwithstanding, the Actor and the Producer may
agree in writing as to routes and modes of transportation. In no event, however, shall any
such agreement provide for a payment to the Actor of a sum less than the cost of applicable
transportation from the Actor's residence as defined in paragraph (A)(1) above to the theatre
and return.
(4) All arrival expenses covered under this Rule are due and payable no later than the first
salary payment checks after the Actor's arrival at the theatre, except that upon request of the
Actor, reimbursement for tickets and incidental travel expenses shall be made immediately
upon the Actor's arrival at the theatre.
If the Actor returns to the same city from which he departed, all departure expenses due,
shall be paid to him with his final week's salary. This reimbursement shall be made in
accordance with the travel reimbursement forms supplied by Equity and with proper
documentation or receipts by the Actor of such expenses. If the Actor goes to a different city
or incurs any further related transportation costs, he shall be reimbursed for these expenses
upon presentation of his receipts to the Producer.
(5) In every musical traveling Company, a Stage Manager or Assistant Stage Manager must
travel with said Company. In every dramatic Package or traveling company of six or more, a
Stage Manager or Assistant Stage Manager must travel with said Company.
A Stage Manager or Assistant Stage Manager shall not be required to travel with the
Company during return of the Actors following the final performance of the tour.
(6) Travel, by any type of carrier or combination thereof, shall not exceed 10 hours. Travel
time shall be computed from the time the individual is called for transport from the departure
point as designated by the Theatre to train, bus, or airport, and shall end with arrival at the
Actor's designated lodging. [See also (E) of this Rule.] The Producer shall use best efforts to
ensure that travel shall take place during the hours between 8:00 AM and 8:00 PM where
schedules permit.
(7) Where the preferred mode of travel as agreed to by Equity is chartered bus, and where the
distance between two theatres is 500 miles or greater, the allowed travel time shall be 12
hours. Actor shall be notified by Rider of any such extended trips.
(8) When, at the Producer's request, the Actor travels to the theatre location on the day prior
to the reporting date on the face of his contract, the Producer shall reimburse the Actor for the
cost of overnight lodging and meals. [For exception, see Rule 50(A)(2)]
(9) When travel from the Actor's designated point of departure to the theatre location on the
same day as the beginning of rehearsal extends that work day beyond 10 hours, (i.e.

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combined rehearsal hours and travel), the Actor shall be reimbursed at the prevailing rate for
such Overtime.
(10) All travel Overtime shall be paid for at the rate of 1.5% of applicable minimum salary (or
$10.00, whichever is greater) per one-half hour or part thereof. [See also paragraph (E)
below, “Combination of Carriers”]
(11) Whenever combinations of travel, rehearsal, and performance extend a workday
beyond 10 hours, the Actor shall be compensated at the prevailing rate for such Overtime.
Said workday is exclusive of the two-hour rest period after arrival. Any invasion of this two-
hour rest shall require payment at the overtime rate to each Actor involved.

All provisions of this Rule shall also be applicable to all members of the Stage Managerial
staff.
(B) Train Travel. Day coach transportation is limited to 10 hours daily. Night transportation shall
include individual Pullman sleeping accommodations, which shall be no less than a roomette if
same is available. Should the Producer present proof satisfactory to Equity that Pullman sleeping
accommodation could not be obtained, the Producer shall pay the Actor the amount equal to the
cost of a roomette only, without taxes or other excess charges. Failure to do so shall obligate the
Producer to pay the Actor the difference between the total cost of first-class Pullman
transportation including a roomette, taxes and other excess charges included, and the amount of
coach transportation.
(C) Air Travel
(1) The Actor shall not be compelled to travel by air without his consent and in each and every
case, it shall be entirely in the determination of the Actor to decide whether he wishes to travel
by air or not. Air travel, if consented to by the Actor, must be by an expedient direct route on
FAA certified scheduled air lines, and not by non-scheduled or private air lines.
(2) Scheduled air tourist flights (on FAA certified scheduled air lines) may be substituted for
first-class air travel, provided such flights take place during the hours between 8:00 AM and
8:00 PM, are of less than six hours duration and meals are provided at the Producer's
expense. If the Actor consents to travel by air, the Producer agrees to reimburse the Actor for
the premium cost of air travel insurance up to the amount of $150,000.00 purchased by the
Actor, provided a receipt is submitted at the time of the claim.
(3) Air excursion tickets or group air travel plans may be used only between the hours of 8:00
AM and 8:00 PM. An Actor may not be required to arrive early or stay at the theatre after the
conclusion of the Actor’s engagement in order to take advantage of excursion or group rates.
An Actor who has an employment commitment prior to his engagement hereunder which
prevents participation in a group air travel plan or excursion rate as arranged by the Producer
shall be entitled to reimbursement for the full cost of his travel from point of engagement to
the theatre.
(4) If delay en route in air travel occurs, all expenses usually paid for or furnished the traveler
under first-class air travel, and not paid the Actor by the airlines shall be reimbursed to the
Actor by the Producer.

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(5) The Producer shall reimburse the Actor in full for all reasonable expenses incurred in
transporting two full-sized suitcases as checked baggage. Any checked bag must not exceed
the applicable airline’s overweight limitation. The cost of additional baggage transportation,
not to exceed 200 pounds, will be borne by the Producer as per paragraph (H) below.
(D) Bus Transportation. Bus travel shall be by public carrier duly licensed to carry passengers
by interstate or intrastate commission, (regularly scheduled). Such travel shall be between the
hours of 8:00 AM and 8:00 PM and shall not exceed 10 hours. [For exception, see Rule 62(A)(7)]
Buses shall be air-conditioned and provide for the maximum comfort of the Actor.
All chartered bus travel shall be subject to the following conditions:
(1) A chartered commercial bus may be used to transport the cast.
(2) The Producer agrees that a chartered bus shall be equal in comfort, condition and safety
to those used by first-class long distance bus companies. The bus shall be equipped so that
Actors can be seated free from interference by luggage and/or elements of the production.
Such luggage and/or elements of the production shall be stowed safely with respect to the
Actors.
Providing the bus has been tested and is established to be in good condition at the time of
departure with the Actors, the Producer will not be held liable for overtime payments due to
mechanical or other failure en route. Equity will consult with a committee composed of
Deputies, the ASM and/or Stage Manager who were on the bus prior to the filing of any claim.
(3) A bus call cannot be earlier than one-half hour prior to scheduled departure. The Actor
shall be prompt for such calls. If an Actor is responsible for a delay at any time, such delay
shall not be counted as part of travel time.
(4) There shall be a minimum of one 10-minute comfort stop during each two hours of travel
unless there are lavatory facilities on the bus which are clean and sanitary at the outset of
travel.
(5) Within the first four-hour travel period, there shall be a meal stop of not less than one hour.
A second meal stop will be scheduled no more than five hours following the resumption of
travel after the first meal stop. Such meal stop shall not be computed in travel time and may
be eliminated by unanimous vote of the Company.
If, however, the trip does not commence until after twelve noon, the first meal stop need not
occur for five hours. The Producer shall inform any bus company hired to transport Actors of
the regulations contained herein concerning scheduling of meal and comfort stops en route.
(6) The rest period prior to a morning bus call shall be 10 hours. If the full rest period is not
given, the Actors shall receive the night transportation payment of $30.00.
(7) Bus travel shall not exceed 10 hours, computed from the time the individual is called for
transport from the theatre, and ending with arrival at the Actor's designated lodging. [For
exception, see Rule 62(A)(7)]
(8) If night bus travel after an evening performance is required, the Producer of the Theatre of
arrival shall pay the Actor $30.00 for such travel.

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(E) Combination of Carriers. When it becomes necessary to travel between Theatres on
consecutive contracts in the same production by several different kinds of carrier, all of the
current rules for each carrier shall remain in effect. However, the total combined travel and
waiting time shall not exceed 10 hours. Whenever delays result in areas within the Producer's
control, which extend travel and waiting time beyond 10 hours, the Actor shall be compensated at
the rate of no less than $18.00 per hour or part thereof.
(F) Automobile Travel. If, in lieu of using public transportation (but not in lieu of transportation
chartered by the Producer), an Actor uses his own car or rides with another Actor in transporting
himself inter-city for his engagement, he shall receive a sum equivalent to the cost of the
applicable public transportation from the Actor's residence (as defined in paragraph 62(A)(1)
above) to the Theatre and return, or between Theatres, as provided in paragraph (G) below.
Whenever Overtime and/or other penalties not caused by emergencies en route are incurred in
travel between Theatres by cast members using public or chartered ground transportation, any
Actor who is using his own auto or rides with another Actor for the same journey shall also be
entitled to the same Overtime and/or other penalties.
(G) Travel, Between Theatres - Consecutive Contracts
(1) It is understood and agreed that in transporting the Actor from one Theatre to another
under consecutive Stock Jobbing contracts, compliance with provisions of the Agreement
Governing Employment in Stock Non- Resident Dramatic with respect to Daylight Day of
Rest, rest periods before travel, maximum hours of travel, combinations of travel, rehearsal,
and performance, and the like, are the responsibility of the Producer of the Theatre receiving
the production (but without prejudice to claims between respective Producers).
(2) Where the Actor has been playing a previous consecutive engagement, all tickets or their
cash equivalent covering transportation from one Theatre to another must be in his
possession at least three days prior to his leaving for his next engagement. If prepaid air
travel to the next Theatre has been booked by the Producer (with tickets available at the
airport), accurate details of these travel arrangements must be provided to the Actor in lieu of
tickets or their cash equivalent.
(3) Prior to leaving a Theatre, the Assistant Stage Manager shall be given an emergency
telephone number where the Producer of the Theatre receiving the package can be reached.
(4) All travel arrangements between Theatres shall be made by the Producer of the Theatre at
which the Actor has his next engagement. It shall be the obligation of this Producer to pay the
entire cost of transportation between Theatres unless the distance is greater than the distance
from the Actor's place of engagement to his Theatre. In this event, the Producer of the
Theatre where the Actor is currently engaged shall be responsible to pay the equivalent of the
cost of transportation from that Theatre to the Actor's place of engagement. The Producer of
the Theatre at which the Actor has his next engagement shall be obligated for all additional
costs.
(5) Should an Actor elect to travel independently of the Company between Theatres, the
Producer may require him to report to the Theatre on the date stated on the contract, in time
sufficient to check into the assigned housing. The Actor may not arrive later than above-
specified, except by prior arrangement with the Producer.

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If an Actor traveling independently does arrive at the succeeding Theatre after the arrival of
the Company or after the time designated in advance by the Producer, the Producer will not
be responsible to assist such Actor to find his housing or pay his expenses therefore for that
night and the Actor shall be responsible to pay for any unused prearranged housing or
portion thereof.
(6) Should the Producer fail to send tickets, confirmation of prepaid air tickets, or
transportation monies in advance, the Producer of the Theatre where the Actor is currently
engaged may furnish the Actor with the full cost of transportation to his next engagement, or
he shall provide the Actor with return transportation to his home in the place of engagement,
and the Actor shall not be obligated to continue on to the next Theatre.
(7) The rest period before travel which occurs on the day of an opening in a new location may
be reduced to 10 hours.
(8) When an Advance Stage Manager is required to travel from one Theatre to another in a
manner that necessitates an in-between overnight layover, the cost of lodging shall be
reimbursed by the receiving Theatre.
(9) If travel to the next Theatre is required immediately following a performance which
commences at 6:00 P.M. or later, the Actor shall be paid $30.00 for such travel by the
Producer of the Theatre of arrival.
(10) If the Actor has had another engagement in the same play or part during the week
immediately preceding the opening of the play, he shall not be required to rehearse or
perform until two hours after his arrival at his lodging.
(H) Baggage. The Actor shall be responsible for transporting his personal hand baggage to and
from the station in the place of engagement, and the Producer shall reimburse the Actor in full for
all reasonable expenses incurred. The Producer shall reimburse the Actor for shipping (method
to be determined by Producer) of the Actor's baggage up to 200 pounds from his place of
residence (including pick up from within his living quarters) to his lodging in the vicinity of the
theatre, and upon termination of the engagement, for return to the Actor’s place of residence
(including delivery to within his living quarters). No reimbursement need be made unless an
actual receipt for the cost of such shipping is first presented, nor if Actor chooses another
shipping method than that provided by Producer. [For checked baggage on air travel, see also
Rule 62(C)(5)]

63. UNDERSTUDIES
(A) All leading and substantial supporting roles, excluding Stars, must be understudied by Actors
signed to Equity contracts, subject to the following:
(1) Understudies shall be assigned and contracted by rider no later than one week prior to the
first public performance in any production with a scheduled run of six weeks or more.
(2) Membership Candidates permitted by the ratios delineated in Rule 38 may not understudy
“leading” or “substantial supporting” roles except that in any given production, one leading or
substantial supporting role may be understudied by a Membership Candidate.

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(3) If the Theatre expresses a need for a Membership Candidate to understudy a particular
“leading” or “substantial supporting” role in addition to the one permitted in (2) above,
permission shall not be unreasonably withheld.
(4) Performance by Membership Candidates may not exceed eight consecutive
performances.
(B) A Principal Actor who is performing in the production may understudy no more than three
roles. The additional weekly compensation for such Understudy assignment (of up to three roles)
shall be no less than 4.0% of the applicable minimum salary (or $30.00, whichever is greater)
whether the assignment is for one, two, or three roles.
(C) A Principal Actor may be contracted solely as an Understudy (of up to three roles) for the
basic minimum salary. Additional weekly compensation of no less than 1.5% of the applicable
minimum salary (or $12.50, whichever is greater) shall be paid for any additional Understudy role
assigned.
(D) When an Actor who is assigned to Understudy, performs in place of the Actor whom he
understudies, the Understudy shall receive no less than an additional one-eighth of his own
contractual salary.
(E) An Actor understudying a star billed above the title shall receive no less than of two-eighths of
his own contractual salary for each performance given in place of said star.
(F) The Understudy shall not be required to perform until:
(1) One week after he is engaged or assigned;
(2) He has had his script and/or music for one week;
(3) He has had at least one rehearsal on the stage, with music and use of props, weapons,
costumes as necessary and mechanical devices as necessary to ensure the safety of the
cast;
(4) The Producer is required to schedule an understudy rehearsal within the first performance
week.
(G) When an Actor plays a role which he is contracted to understudy, but for which the Producer
is not in compliance with (F)(1), (2), (3), or (4) above, said Actor shall be paid no less than three-
eighths of minimum salary for the first such performance and no less than one-eighth of minimum
for each subsequent performance.
(H) When an Actor plays a role which he is not contracted to understudy, said Actor shall be paid
no less than three-eighths of minimum salary for each such performance. The amount of the
payment shall be agreed upon prior to the Actor’s emergency appearance and a Rider to that
effect shall also be signed by the Actor and the Producer prior to the emergency appearance.
[For Understudy rehearsals, see Rule 50(E)(6). In addition, see Rules 10(B)(2): Chorus
Understudying Principal, 10(B)(3): Chorus Understudying Star, and 10(B)(4): Chorus Understudy
for Member of Chorus Playing a Part]

64. UNION EMBLEM


The Producer hereby agrees to promulgate the fact that he operates a professional Theatre
employing Actors' Equity Association members by displaying in the lobby of his theatre a small

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plaque, supplied by Equity, and by inserting a copy of the Union Emblem and the following line in the
program: "................Theatre is a professional Theatre employing members of Actors' Equity
Association, the Union of Professional Actors and Stage Managers in the United States”.
Furthermore, the Producer shall display an approved bio of Actors’ Equity Association on the official
website for his Theatre. The Producer shall make best efforts to include the bio  of Actors’ Equity
Association in the program. However, should another union have the right to a bio in the program,
Equity shall automatically have the right to a bio in the program, and the Producer will so notify Equity
of the same.

65. UNION SECURITY, DUES AND INITIATION FEES


(A) All Actors, except non-professionals as provided in this Agreement, who are members of
Actors' Equity Association shall, as a condition of employment, continue to be members in good
standing during the term of their employment. All employees covered by this Agreement who are
not now members of Equity shall, as a condition of employment, become members within 31
days following the signing of this Agreement and shall thereafter remain members of the Union in
good standing as a condition of continued employment. All new employees covered by this
Agreement shall, as a condition of employment, become members of the Union within 31 days
from the date of the commencement of their employment and shall thereafter continue to be
members of the Union in good standing as a condition of continued employment. As defined and
applied in this Agreement, the phrase “member of the Union in good standing” means a person
who pays initiation fees and dues (or the monetary equivalent thereof) to the Union as financial
obligations in accordance with the requirements of the National Labor Relations Act.
(B) Equity shall provide the Producer two weeks written notice to discharge any Actor covered by
this Agreement for non-payment of Union dues or initiation fees (or the monetary equivalent
thereof). Upon the Actor’s failure to make such payment within the aforesaid period, the Theatre
agrees immediately to discharge the Actor, provided however, Equity shall withhold its demand
for discharge if the Producer undertakes with the consent of the Actor withhold from the Actor’s
salary a sum sufficient to correct the Actor’s delinquency.
(C) The Producer shall deduct union dues and initiation fees from the weekly salary of every
employee who is, or may become a member of Equity as provided for in this Agreement,
provided that the Producer receives notification from Equity and the proper authorization agreed
to and signed by the employee in time to make such deduction.
(D) Any monies deducted by the Producer from the wages of the employees pursuant to
authorization shall be held in trust by the Producer for the benefit of Equity and delivered to
Equity not later than 10 days following the date on which the deductions are made. Interest on
such monies deducted from the Actor's salary, and not received by Actors' Equity Association
within 14 days following the week for which they are due, shall accrue monthly at the rate of 1.5%
per month beginning on the 15th day overdue.

66. VACATIONS
The Actor shall accrue one day of vacation pay for each six weeks of employment for the same
Producer. However, the Actor shall not be eligible for vacation or vacation pay unless he has been
employed at least 12 weeks within a 12-month period for the same Producer. The Producer may
direct the time the Actor is to take his vacation provided that he gives the Actor two weeks advance

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notice and that the Actor is entitled to take all of his accrued vacation days. If the Actor requests to
take his vacation at his convenience, and the Producer agrees, vacation may be taken in days. If the
Actor is unable to take his vacation, he shall receive his accrued vacation pay as severance pay; one
day being one-sixth of his contractual salary.

67. VOLUNTARY CLASSES


All members of the company are prohibited from attending so-called voluntary classes or rehearsals.
The Producer shall neither request nor permit his representatives to request the Actor to participate in
such classes or rehearsals.

68. VOTING BY EQUITY COMPANY MEMBERS


(A) The Actor has no right or power to waive any of the minimum conditions set forth in the
employment contract or other rules without the written consent of Equity.
(B) Should any situation arise where the Producer wishes the company to consider any
proposition not covered by the standard Equity contracts of employment or Equity rules, he shall
notify the Deputy and the Deputy shall arrange a meeting of the cast which may be held at the
theatre where the Company is playing. At such meeting or meetings, neither the Producer nor the
Producer’s representative shall be present unless so requested by a majority of the cast, but not
in any event when a vote is taken. Any proposed action by the cast shall not, however, be binding
without the written approval of Equity.
(C) All cast votes allowed shall be by secret ballot conducted by either the Stage Manager or the
Equity Deputy.
(D) Votes by the cast specified in this Agreement are:
(1) Transportation meal break for which a unanimous vote is required. [See Rule 62(D)(5)]
(2) Rehearsal meal break duration for which a majority vote by the Actors involved is required.
[See Rule 50(B)(1)]
(3) Early call on a Daylight Day of Rest for which a 2/3 majority vote is required. [See Rule
18(A)(1) and Rule 50(A)(8)]
(4) Rehearsal on a two-performance day for which a 2/3 majority vote is required. [See Rule
50(E)(2)]
(E) Minor-Age Actors must be given the opportunity to vote in all cast votes. (The guardians of
such Minor-Age Actors may be present at all discussions prior to such votes.)
(F) The determination of Equity as to any issue arising under the above provision shall be final
and binding upon the Producer and each Actor.

69. WORK WEEK AND OVERTIME


(A) Work Week. A week means from and including Sunday to and through Saturday, except
where the established performance schedule is Tuesday through Sunday. Then a week shall
mean from and including Monday to and through Sunday.

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Except as provided in Rule 43, the total workweek including all rehearsals, performances
excluding half-hours, costume fittings, photographs, brush-ups, personal publicity appearances,
etc., shall not exceed 48 hours.
(B) Overtime. Should the Actor rehearse, perform or travel more than the hours stipulated herein,
the Producer shall pay Overtime at the rate of 1.5% of the applicable minimum salary (or $10.00,
whichever is greater) per one-half hour or part thereof for each instance of such Overtime.
In all instances, Overtime shall be paid as the situation requires; and compensation for Overtime
shall not be made part of any contract of employment.

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The following is a list of the members of the Council of Stock Theatres as of the effective date of this
Agreement:

COUNCIL OF STOCK THEATRES

THEATRE TIER

Olney Theatre Center Tier 1


Olney, MD

Paper Mill Playhouse Tier 4


Millburn, NJ

COST 2015-2019 88
ADDENDUM I

CLOTHING RENTAL
FOOTWEAR: (Men & Women) Boots, Sneakers, Dress, Casual $4.00

DANCE SHOES: Professional jazz shoes, Character shoes,


Tap shoes, Pointe shoes, Dance boots, etc. $10.00

ENSEMBLES: (Men) Suit, Shirt, Tie, Shoes, Hat, etc.


(Women) Suit or Dress, Blouse or
Dickey, Stockings, Gloves, Purse, Hat, etc. $22.50
SUIT: (Men & Women) $15.00
SPORTSWEAR Shorts, Sweaters, Jogging Suits, Sport
& LINENS: Shirts, Bathing Suits, T-Shirts, Jeans,
Shirt, Blouse, Dress Shirt, Vest $3.00

COATS: Overcoats, Topcoats, Raincoats,


Parkas, Winter Coats, Sport Coats, Suit Jackets $5.00

NIGHTWEAR: Pajamas, Nightgowns, Housecoats,


Robes, Smoking Jackets, Bathrobes,
Dressing Gowns $2.00

EVENINGWEAR: Tuxedos, Tails, Evening Gowns,


Furs, (and all accessories) $22.50
WIGS: $6.00

BEARDS, MUSTACHE, SIDEBURNS $3.50

DANCE WEAR: Leotards, Tights, Briefs, Dance Belt, Dance Bra $5.00

DRESS/SKIRT: $5.00

SLACKS: (Men & Women) $4.50

MISC: Socks, Neckties, Stockings, Hats, Etc. $1.50


PROPERTIES: Eyeglasses, Suitcases, Umbrella,
Canes, Camera, Sport Equipment,
Attaché Case, etc. $2.00

THE ABOVE ARE MINIMUM WEEKLY AMOUNTS

COST 2015-2019 1
ADDENDUM II

CROSS CONTRACTUAL TRANSFER GUIDELINES

The Guidelines below set forth the conditions consistent with that of continuous employment to be
maintained for Cross-Contractual Transfers of productions to or from the COST Agreement.

An Actor’s contractual salary may not be reduced. If any minimum required salary amounts,
including but not limited to Chorus increments, under the preceding contract are greater than
those under the COST Agreement, the higher minimum must remain in effect. In keeping with
this principle, Actors’ salaries may not revert to rehearsal salaries except when a rehearsal of
significant length is scheduled. Significant length shall be defined as no less than seven days
of rehearsal, inclusive or any Day(s) Off.

When there is a hiatus between engagements, Actors must be returned to their residences and
transported to the next theatre at the expense of the Producers. If the hiatus permits the Actor
to be home for at least three days, not counting travel days, the Actor may be laid off without
compensation. However, if any Actors’s salary is reduced to rehearsal salary as the result of a
significant-length rehearsal period, the first week may not be pro-rated unless it is four days or
fewer, in keeping with COST rules.

The accrual of sick and vacation pay will be continuous from one contract to the next. Equity
will determine appropriate calculations based on the requirements of the applicable contracts.

All Actors engaged for the preceding production must be offered the same role or function in
the subsequent engagement.

These Guidelines are intended to address most general issues involved in cross-contractual jobbing
tours. Specific tours may call into question other issues of continuous employment, which will be
addressed on a show-by-show basis.

COST 2015-2019 1
ADDENDUM III

EQUITY STANDARDS FOR ACTORS' HOUSING


(1) The premises must be reputable, clean and sanitary.
(2) Rooms must have bedding; bed linens, towels, etc., which are laundered weekly; window
coverings; heat and air cooling equipment as is appropriate to climatic conditions. If
housekeeping is not provided, cleaning supplies shall be made available at no cost to the
Actor.
(3) A private room must be available to each Actor, with a lock (from both inside and outside)
unless in a private home which has locks on outside doors.
(4) Where access to a kitchen is provided, said kitchen to contain cooking and eating utensils,
stove, toaster oven (or oven), microwave oven, refrigerator and sink.
(5) In housing provided for more than one week, access to high-speed internet service at no
cost.
(6) Bath facilities, if shared, shall offer privacy while in use by the Actor.
(7) Housing lists must provide the following information:
(a) Pertinent facts about commercial lodgings (hotel or motel) -- i.e., equipment such as
TV, swimming pool, air conditioning, private or public bath or shower, telephone
availability, parking for cars, pets or children permitted, single or double beds, type of
food service on premises (if any), provisions for security;
(b) Pertinent facts about private housing -- size and location of room, type of bed, number
and ages of children in residence, number of other adults in household, number and
types of pets, number of persons sharing bath with Actor(s), tub or shower, are there
kitchen privileges?, is smoking permitted?, is there air conditioning?, does permanent
resident smoke? telephone and other equipment available to Actors;
(c) Local transportation or lack of it, and proximity of housing;
(d) Availability of restaurants, laundry, and shopping facilities in the neighborhood, and
distance from each housing location;
(e) Distance of housing from theatre.

COST 2015-2019 2
ADDENDUM IV

ORIGINAL CAST ALBUM RIDER

1. In accordance with provisions of the Agreement and Rules governing employment under this
Agreement relating to cast albums, the Actor will provide services for the purpose of making a recording
of selections from the play to be part of a cast album.

2. The Producer agrees that the Actor will be employed pursuant to the following terms and
conditions:

(A) The Producer agrees to pay the Actor (within twenty-one days of completion of the
recording), the sum of $________, (but in no event less than one (1) week’s contractual salary or
one week’s Production Contract minimum salary, whichever is greater) for each day, or part
thereof, employed on such recording except as provided in Paragraph (B).

(B) In the event the Producer wishes to schedule half-day recording sessions of not more than
four (4) hours after the first day of recording and pro-rate payments for said half-day sessions,
the Actor shall be paid not less than one-half (½) of the Actor’s weekly salary (but in no event
less than one-half (½) of the Production Contract minimum), up to a cap of two-hundred-fifty
percent (250%) of the Production Contract minimum salary, or the SAG-AFTRA rate, whichever
is higher, for each half-day of recording. [See also 3(A)(2)]

(C) The Actor shall be given not less than seventy-two (72) hours notice (inclusive of at least two
(2) business days) prior to the recording when the Actor's services will be required.

(D) The Producer shall have the right to use, and permit others to use, the Actor's name,
likeness, and biographical material for advertising and purposes of trade in connection with the
sale and exploitation of the recording made pursuant to this Agreement. The Producer shall not
use or authorize an endorsement by the Actor of any recording or performance or other
production without the Actor's prior written consent.

3. (A) In addition to all other payments required hereunder, the Producer, or any affiliate of the
Producer, shall pay to the Actor a pro rata share, based on the number of Equity members
compensated pursuant to this Recording Rider, the following amounts:

(1) 15% of all monies derived by the Producer from the exploitation of the album if the
Producer did not pro-rate any payment as set forth in Paragraph 2(A), above; or,

(2) 20% of all monies derived by the Producer from the exploitation of the album if the
Producer pro-rated any payment required in Paragraph 2(B), above.

(B) Copies of any and all statements and accountings pursuant to the agreement between the
Producer of the Play and the Producer(s) of the recording or any other agreement requiring the
submission of such statements and accounting in connection with the album shall be furnished
to Equity and each Actor no later than one week after receipt by Producer.

COST 2015-2019 3
4. The Actor agrees that after the recording has been made, for a period of five (5) years, Actor will
not record such musical compositions from the play recorded by the Actor for any other recording
company without first having obtained the Producer's written consent.

5. Upon the request of the Producer, the Actor shall enter into an appropriate SAG-AFTRA contract
to record the cast album with the recording company designated by the Producer provided that the
terms of said contract shall be subject to the terms of this Rider and shall not, in any way, be
inconsistent therewith or be less advantageous to the Actor. Such contract shall in no way release the
Producer from Producer's obligation to the Actor. However, the Producer shall not be required to
provide double payments in any form, whether wages, pension and health contributions or otherwise,
under the cast album provision of Rule 33(I) of this Agreement.

6. Should the Actor's contract and/or employment in the play be terminated before the recording is
made, the Producer may offer cast album employment to either the current replacement Actor or the
original Actor pursuant to the terms set forth in this rider. Whichever Actor is not employed for the
recording shall be paid not less than one-eighth (1/8) of the Actor's contractual salary. Although
payments to Actors per Paragraph Two shall not be required if the play closes and the recording has
not taken place, pursuant to Rule 33 MEDIA: RECORDING AND BROADCAST of this Agreement,
Equity will maintain jurisdiction over all recordings until 16 weeks after the production has closed.

7. The cast album shall accord credit to each Actor appearing in the production at the time the
recording is made, whether or not the Actor performs on the recording.

8. The Producer will provide to Equity a copy of the relevant portions of the Cast Album recording
agreement which portions identify all agreements between the Producer and the record producer which
will have an economic impact on the Actors engaged to do the recording. The Producer further agrees
to supply Equity with royalty statements on the cast album every six months.

_________________________________
Producer Actor

Date Date

COST 2015-2019 4
INDEX
Heading and Rule No. Page No.

-A-
Accident; Insurance 31 .................................................................................................. 34
Accident; Performances Lost 44 ................................................................................... .46
ACCOMPANIST
Chorus Audition 4(C)(2)(g) ................................................................................... 9
Principal Audition 4(B)(8) ..................................................................................... 8
Act of God; Performance Lost 44(A).............................................................................. 46
ACTOR
Definition 20(A) .................................................................................................. 23
Duties 23 ............................................................................................................ 26
Exclusive Service 25(F) ..................................................................................... 30
Obligation to Equity 1 ........................................................................................... 1
Salary 53(A) ....................................................................................................... 62
Substitute for Stage Manager 58(D) ............................................................ 71, 63
Additional Duties, Payment for 53(D) ............................................................................ 65
ADVANCE STAGE MANAGER
Duties 58(J)........................................................................................................ 73
Giving notes 50(A)(9)(b) .................................................................................... 53
In a package 58(A)............................................................................................. 70
Per diem 53(B)…. .............................................................................................. 64
Pre or Post Production 58(E)…………… ........................................................... 71
Rehearsals 50(A)(9)(b),50(E)(7),58(D) .................................................. 53, 55, 71
Responsibility re company housing 29(A)(4),29(A)(7) ................................ ..31,32
Salary 53(A),(E) ........................................................................................... 62, 65
Travel-overnight layover 62(G)(8)… .................................................................. 82
AFL-CIO 1(B) .................................................................................................................. 1
Affirmative Action 24 ...................................................................................................... 27
AGENTS
As Casting Consultants or Packagers 2(C) ......................................................... 2
For Chorus 2(D) ................................................................................................... 2
Franchised 2(A) ................................................................................................... 1
Air Conditioning 52(B)(5) ............................................................................................... 58
Air Travel 62(C) ............................................................................................................. 79
Aisle Lights 52(G) .......................................................................................................... 59
Aisles Ramped 52(F) ..................................................................................................... 59
Aliens 39 ................................................................................................................ 44
Alleys to Stage Doors 52(B)(7) ...................................................................................... 58
Animals Backstage 43(H) .............................................................................................. 46
Announcement; Cast Changes 9 ................................................................................... 13
Arbitration 3,15(F) ....................................................................................................... 2,21
ASSISTANT STAGE MANAGER
Duties 58(K) ....................................................................................................... 73
In Package or Unit 58(A)(B) …… ....................................................................... 70
Salary 53(A),(D),(E) ................................................................................. 62,65,65
Travel with Company (when required) 62(A)(5) ................................................. 78
Associated Actors & Artistes of America 1(B) .................................................................. 1

COST 2015-2019 i
INDEX
Heading and Rule No. Page No.

AUDITIONS
Accompanist 4(B)(8),4(C)(2)(g) ........................................................................ 8,9
At Theatre Location 4(D). ................................................................................... 10
Casting Authorities required 4(B)(8),(8),(C)(2)(e) ................................................ 9
Chorus 4(C) ......................................................................................................... 8
Dance Surfaces 4(E)(1)(e),52(J) ................................................................... 11,60
Equal Employment Opportunity Error! Reference source not found.......... 4, 27
For Actors with Disabilities 4(A)(1),4(A)(6),4(A)(7),4(A)(8),4(A)(9),24 ......... 4,5,27
Liability Insurance 4(E)(2) .................................................................................. 11
Location of 4(B)(1),4(C)(2)(b) ........................................................................... 6,9
Number required 4(B)(3),4(B)(4),4(C)(2) .......................................................... 6,8
Principals 4(A),(B) ................................................................................................ 4
Records 24(E). ................................................................................................... 29
Safe and Sanitary Code 4(E)(1) ......................................................................... 11
Automobile Transportation 62(F) ................................................................................... 81

-B-
Backstage Music 52(R).................................................................................................. 61
Baggage 62(H) .............................................................................................................. 82
Beards, Mustaches 13(J) ................................................................................................ 19
Benefits 25(A) ................................................................................................................ 29
Billing (breach) 47(D) ...................................................................................................... 50
Binding Effect of Agreement 5 ....................................................................................... 11
Bit or Specialty; Compensation for 10(B)(1) .................................................................. 14
Blacklisting 6 ................................................................................................................ 11
Bond 54 ...................................................................................................................... 66
Breaches by Producer 7,15(F).................................................................................. 12,21
BREAKS (See also REST PERIODS)
Before Performance 50(B)(3)(2) ........................................................................ 53
Between Performances 43(E) ............................................................................ 46
Rehearsal 50(B)(1)(3) ........................................................................................ 53
Broadcasting 33 ............................................................................................................. 35
Brush-Up Rehearsal 50(E)(5) ........................................................................................ 55
Bus Transportation 62(C)(5) .......................................................................................... 80

-C-
Callboard 8 ................................................................................................................ 12
Canadian Currency 53(M) ............................................................................................. 66
Cast Listing, Programs 47(A)......................................................................................... 49
Cast Votes 68 ................................................................................................................ 85
Casting Consultants; Agents 2(C) ................................................................................... 2
Changes in Cast 9 ......................................................................................................... 13
Checks 53(L) ................................................................................................................ 66
Children (Actors) 35 ...................................................................................................... 39
CHOREOGRAPHERS
At Auditions 4(B)(6)(c),4(C)(2)(e) ....................................................................... 7,9
Note sessions 50(A)(9) ....................................................................................... 53
Rehearsal after opening 50(E)(6),(7) ................................................................. 55

COST 2015-2019 ii
INDEX
Heading and Rule No. Page No.

CHORUS
Agents 2(D) .......................................................................................................... 2
Auditions 4(C) ....................................................................................................... 8
Costumes and Make-up 13(A) ........................................................................... 16
Dance Captain 17 .............................................................................................. 21
Day of Rest and Rest Periods 18,50(B)(3) .......... ……………………………..22,53
Definition 20(C) .................................................................................................. 23
Deputies 21 ........................................................................................................ 25
Emergency Replacement 10(C) ......................................................................... 15
Non-professionals 10(D) ..................................................................................... 15
Parts Determination 10(A) .................................................................................. 13
Playing a Part 10(B)(1) ...................................................................................... 14
Rehearsals 50 .................................................................................................... 51
Shoes 13(A),13(B)(1),(2),(3),(4) ............................................................... 16,17,17
Solo or Specialty 10(B)(1) .................................................................................. 14
Swings 10(B)(5) .................................................................................................. 15
Termination 61 ................................................................................................... 75
Transportation of Replacement 61(J) ................................................................ 76
Understudies 10(B)(2),(3),(4) .............................................................................. 14
Work Week and Overtime 69 ............................................................................. 85
CLAIMS
Time Limit in Lodging 11(B) ................................................................................ 15
Waiver or Release 11(A) .................................................................................... 15
Classes, Voluntary 67 .................................................................................................... 85
Cleaning of Costumes 13(E).......................................................................................... 18
Closing Notice 12(A) ...................................................................................................... 16
Closing Season or Unit Tour 12..................................................................................... 16
CLOTHING AND COSTUMES 13 ................................................................................. 16
Cleaning and Upkeep 13(E) ............................................................................... 18
Costume Fittings 13(F) ...................................................................................... 19
Footwear 13(A),(B) ........................................................................................ 17,17
Liability for damage or loss 13(E)(5),48(C),(D) ............................................. 18,51
Rental 13(C)....................................................................................................... 18
Rental; minimum charges ................................................................................... 84
Rider for use of Actor's Clothing 13(C),(D) ........................................................ 18
To be Furnished by Producer 13(A) ................................................................... 16
Transportation of Costumes 13(A) ..................................................................... 16
Commercial for Theatre or show 33(H) ......................................................................... 37
COMMISSIONS
Agents 2(B) .......................................................................................................... 1
On Chorus Contracts 2(D) .................................................................................... 2
Company Car 29(B)(2) .................................................................................................. 33
Concessions Posted 4(B)(11),8(A)(10) ....................................................................... 8,13
CONSECUTIVE JOBBING CONTRACTS
In package tour 20(H)(1) .................................................................................... 24
Rehearsals 50(F) ............................................................................................... 55
Transportation 62(G) .......................................................................................... 81
Contingent Compensation 53(K) ................................................................................... 66
Continuous Employment 14............................................................................................ 20

COST 2015-2019 iii


INDEX
Heading and Rule No. Page No.

CONTRACTS
Attempted Breach 15(F)..................................................................................... 21
Changes and Alterations 15(A) .......................................................................... 20
File with Equity 15(D) ......................................................................................... 21
Laws Governing 32 ............................................................................................ 35
Quadruplicate Copy 15(D) ................................................................................. 21
Resident Contract for Stock 20(F) ..................................................................... 24
Riders 15(A) .................................................................................................. 20,20
Signing of 15(B) .................................................................................................. 20
Stock Jobbing 20(G),(H)(1) ................................................................................ 24
Cost of Living 53 ............................................................................................................ 62
Costumes (See CLOTHING AND COSTUMES) 13 ....................................................... 16
Cots 52(L) ................................................................................................................... 61
Council of Stock Theatres............................................................................................ 1,84
Council Powers 25(D) .................................................................................................... 30
Cross Contractual Tours 16 ........................................................................................... 21
Curtain Speeches 43(J) .................................................................................................. 46

-D-
DANCE CAPTAINS 17(A) .............................................................................................. 21
Payment for Commericals 33(H). ....................................................................... 37
Rehearsal after opening 50(A)(9)(b),50(E)(6),(7) ......................................... 53,55
Salary 17(B) ........................................................................................................ 22
Stunt Maintenance 57(E) .................................................................................... 69
Understudy Rehearsal 50(I) ................................................................................ 57
Dance Shoes 13(B) ................................................................................................... 17,17
Dancers; Auditions 4(C)(2)(d),(i),(j) .................................................................................. 9
Dancing Surfaces 4(E)(1)(e),52(J) ............................................................................ 11, 60
DAYLIGHT DAY OF REST AND OTHER REST PERIODS 18 ...................................... 22
Changes 18(B) ................................................................................................... 22
Definition 18(A)(1) .............................................................................................. 22
During performance weeks 18(A)(3) ................................................................... 22
During Rehearsal 18(A)(2),50(A)(8),50(B) ............................................... 22,52,53
Stage Managers 58(G) ...................................................................................... 72
DAY OFF, FULL
Definition 18(A)(1) .............................................................................................. 22
During Performance Weeks 18(A)(3) ................................................................. 22
During Rehearsal 18(A)(2) ................................................................................. 22
Defaulting Employers 19................................................................................................. 23
DEFINITIONS
Actor 20(A) ......................................................................................................... 23
Additional Duties 53(D) ....................................................................................... 65
Chorus 20(C) ...................................................................................................... 23
Day of Rest 18(A)(1) .......................................................................................... 22
Day Off, Full 18(A)(1) ......................................................................................... 22
Extraordinary Risk 53(C) .................................................................................... 64
Loss of Stock Theatre Status, Effect of 20(E) .................................................... 24
Non-Resident Companies 20(D)(2) ................................................................... 24
Package 20(H)(1)............................................................................................... 24
Place of Engagement 20(I) ................................................................................ 25

COST 2015-2019 iv
INDEX
Heading and Rule No. Page No.

Principal Actor 20(B) .......................................................................................... 23


Resident Company 20(D)(1) .............................................................................. 24
Resident Contract for Stock 20(F) ..................................................................... 24
Stock Jobbing Contract 20(G) ............................................................................ 24
Stock Theatre 20(D) ........................................................................................... 23
Unit Attraction 20(H)(2) ...................................................................................... 25
DEPUTIES
Dismissal of 22................................................................................................... 25
Election 21(B),(C),(D) ........................................................................................ 25
Requirement for 21(A),(E) .................................................................................. 25
DETERMINATION
Of Classification 15(F) ........................................................................................ 21
Of Extraordinary Risk 53(C) ................................................................................ 64
Of Parts 10(A) .................................................................................................... 13
DIRECTORS
At Auditions 5(C)(2)(e) ......................................................................................... 9
Note Sessions 50(A)(9)(b) .................................................................................. 53
Rehearsals after opening 50(E)(7) ...................................................................... 55
DISCRIMINATION
Against Deputy 22 .............................................................................................. 25
For Race, Color, Creed, etc. 36(A) .................................................................... 40
For Union Activity 22 .......................................................................................... 25
DRESS REHEARSAL
After opening – Unit 50(E)(1),50(F)(4),50(H)(1) ........................................ 54,56,57
Before first public performance 50(D) ................................................................ 54
Rest period during 50(B)(3) ............................................................................... 53
Dress Parade 13(F)(4) ................................................................................................... 19
Dressing Room – Safekeeping Facility 48(A) ................................................................. 50
Dressing Rooms; Safe and Sanitary 52(A) .................................................................... 58
Drinking Water 4(E)(1)(d),52(O) ............................................................................... 11,61
Dues and Initiation Fees 65(C) ...................................................................................... 84
Duration of Agreement.................................................................................................... 83
Duties of the Actor 23 .................................................................................................... 26

-E-
EMERGENCY
Performance by Chorus 10(C) ........................................................................... 15
Performance of role not understudied 63(H) ...................................................... 83
Rehearsal 18(C),50(A)(6),50(B)(2) .......................................................... 22,52,53
Substitute for Stage Manager 58(D) .................................................................. 71
Employment, Continuous 14.......................................................................................... 20
Equal Employment Opportunity 24 ................................................................................. 27
Equity-League Health Trust Fund 27 ............................................................................. 30
Equity-League Pension Trust Fund 42 .......................................................................... 44

EQUITY
Council 25(D) ..................................................................................................... 30
Dues and Intiation Fees 65. ................................................................................ 84
Meetings 25(B)................................................................................................... 29
Power to Act for Actor 25(C) ............................................................................... 29

COST 2015-2019 v
INDEX
Heading and Rule No. Page No.

Representatives 25(E) ........................................................................................ 30


Evidence of Equity Membership 65 ................................................................................ 84
Exclusive Service of Actor 25(F)..................................................................................... 30
Extension of Season 61(F) ............................................................................................. 76
Extra Performance; Payment 43(D)............................................................................... 45
EXTRAORDINARY RISK
Definition 53(C) .................................................................................................. 64
Determination by Equity 53(C) ........................................................................... 64
Pay 53(C) ........................................................................................................... 64

-F-
Fight Captain 57(E),57(F),57(G) .................................................................................... 69
Filming of Play 33(A) ..................................................................................................... 35
Fire Exits 52(Q).............................................................................................................. 61
First Aid Kits 52(M) ......................................................................................................... 61
Five-Minute Breaks 50(B)(3).......................................................................................... 53
Floors for Dancing 52(J) ............................................................................................... 60
Fluorescent Lighting 52(B)(3) ........................................................................................ 58
Four A's 1(B) .................................................................................................................. 1
Full Day Off 18 ................................................................................................................ 22

-G-
Guide Lights 52(G) ......................................................................................................... 59

-H-
Hair Color, Change of 13(H) ........................................................................................... 19
Hairpieces and wigs 13(J) .............................................................................................. 19
Hair Style, Change of 13(I) ............................................................................................. 19
Half-hour call 43(B),50(B)(2)..................................................................................... 45,53
Hazard Pay (See Extraordinary Risk)
Health Fund 27 .............................................................................................................. 30
Heat in Dressing Rooms 52(B)(6).................................................................................. 58
HOUSING
Change of Lodging 29(A)(6) .............................................................................. 32
Equipment to be provided 29(A)(4)(7) ............. ………………………………..31,32
Lists 29(A)(4),(5),(10) .............................................................................. 31,32,32
Pets 29(A)(9)..................................................................................................... 32
Relatives 29(A)(9) .............................................................................................. 32
Safe and Sanitary Code 29(A)(7) ....................................................................... 32
Transportation to 29(B) ...................................................................................... 32
House Boards 47(C) ....................................................................................................... 50

-I-
Illegal Rules 32 .............................................................................................................. 35
Illness and Sick Leave 30 .............................................................................................. 34
Illness; cause for Termination 61(G) .............................................................................. 76
Initiation Fees 65 ............................................................................................................ 84
Injury and SWC Insurance 31 ........................................................................................ 34
Inspection; Safe and Sanitary 52(U) .............................................................................. 61
INSURANCE

COST 2015-2019 vi
INDEX
Heading and Rule No. Page No.

Air Travel 62(C)(2) ............................................................................................. 79


Company Car 29(B)(2) ....................................................................................... 33
Hospitalization and Medical 27 .......................................................................... 30
Liability at Auditions 4(E)(2) ............................................................................... 11
Personal Property 48(D),(E) ............................................................................... 51
Social Security and Unemployment 56 ............................................................... 68
Supplemental Workers’ Compensation 28 .......................................................... 30
Workers’ Compensation 31(A) ............................................................................ 34
Intercom System 52(N) ................................................................................................... 61
Intermission 43(I) ........................................................................................................... 46
Interviews 45(C)............................................................................................................. 48

-J-
Jewelry; Lost or Stolen 48(B)......................................................................................... 50
Jobbing Contract; Definition 20(G) ................................................................................ 24
Juvenile Actors 35 ......................................................................................................... 39

-K-
Knee and Elbow Pads 13(A).......................................................................................... 16

-L-
Lateness 23(D) ............................................................................................................. 27
Lavatory and Toilet Facilities 52(C) ............................................................................... 58
Laws Governing Contracts 32 ........................................................................................ 35
Liability Insurance, Auditions 4(E)(2) ............................................................................. 11
Local Jobbers 38(D) ...................................................................................................... 41
LOCAL TRANSPORTATION
On Arrival 29(B)(10) ........................................................................................... 34
To Meals 29(B)(1) .............................................................................................. 32
To Performance and Rehearsal 29(B)(1),29(B)(6) ....................................... 32,33
For Stage Manager 29(B)(8) .............................................................................. 34
Lockouts 36(B)............................................................................................................... 40
Lodging (See Housing)
Loss of Stock Theatre Status 20(E) ................................................................................ 24
Lost Performances 44..................................................................................................... 46
Lost Property 48 ............................................................................................................. 50
Luggage 62(H) ................................................................................................................ 82

-M-
Make-Up 13(G) ............................................................................................................... 19
MATINEE DAY
Performance Time 43(D)(4) ............................................................................... 46
Rehearsal 50(E)(2) ............................................................................................ 54
MEALS
Between Performances 43(E) ............................................................................ 46
During Travel 62(D)(5) ....................................................................................... 80
Transportation to 29(B)(1) .................................................................................. 32
Medical Coverage 27 ..................................................................................................... 30
Meetings; Equity 25(B) .................................................................................................. 29
Membership Candidates 38(C) ...................................................................................... 41

COST 2015-2019 vii


INDEX
Heading and Rule No. Page No.

Military Service 33 ......................................................................................................... 35


Minimum Salaries 53(A) ............................................................................................... 62
Motion Picture for TV News 33(B) ................................................................................. 35
Motion Picture of Production 33(A) ................................................................................ 35
Musicals, Special Provisions 10(B)................................................................................ 14

-N-
News Telecast 33(B) ..................................................................................................... 35
Night Travel 62(B),(C),(5)(6),(8),(G)(8),(9) .......................................................... 79,80,82
No Lockouts or Strikes 35.............................................................................................. 39
NON-PROFESSIONALS 38 .......................................................................................... 40
Affidavits 38(A)................................................................................................... 40
Eligibility 38(G) ................................................................................................... 41
Equity Membership Candidate Program 38(C) .................................................. 41
Extras 38(K) ....................................................................................................... 44
In Chorus 38(H) ................................................................................................. 41
In Principal Roles 38(B),(H) .......................................................................... 40,41
Local Jobbers 38(D) ........................................................................................... 41
Membership Candidates 38(C) .......................................................................... 41
Partnering 38(J). ................................................................................................. 44
Use in Production (Ratio Tables) 38(H) ......................................................... 41,44
Violation 38(F)..................................................................................................... 41
Non-Resident Aliens 39 .................................................................................................. 44
Non-Resident Company; Definition 20(D)(2) .................................................................. 24
Non-Traditional Casting 24(B) ........................................................................................ 28
Note Sessions 43(G),50(A)(9) ................................................................................... 46,53
NOTICE
Closing Season 12 .............................................................................................. 16
Termination of employment contracts 61 ............................................................ 75
Nudity 39 ....... ................................................................................................................ 44
Number of Performances 43(A) ...................................................................................... 45

-O-
Obligation of Actors to Equity 1 ........................................................................................ 1
Oral Interpretations 25(F) ............................................................................................... 30
OVERTIME
Performances 43(B) ........................................................................................... 45
Rate 69(B).......................................................................................................... 86
Rehearsal 50(C) ................................................................................................. 53
Stage Managers 58(G) ...................................................................................... 72
Travel 62(A)(6),(9),(10),(11),(5)(7),(E) ..................................................... 78,79,80

-P-
PACKAGES
Definition 20(H)(1).............................................................................................. 24
Housing 29(A) .................................................................................................... 31
Proscenium to Round 50(F)(3),(5) ................................................................ 56,56
Rehearsal 50(A),50(D)(3),(F),(H) ........................................................ 51,54,55,57
Replacement Rehearsal 50(E)(1),50(F)(5) .................................................. 54,56
Sick Leave 30(B)................................................................................................. 34

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INDEX
Heading and Rule No. Page No.

Termination 61(D)(2) .......................................................................................... 75


Transportation 62(G) .......................................................................................... 81
Unit Attraction 20(H)(2). ..................................................................................... 25
Pension Fund and 401(k) 42 ......................................................................................... 44
PER DIEM
Performances canceled 44(B) ........................................................................... 47
Rehearsal, Performance, Travel 53(B) .............................................................. 64
Travel on day prior to first rehearsal 50(A)(2) .................................................... 52
PERFORMANCES
Announcements 47(B),(E) ............................................................................ 50,50
Additional; rate of pay 43(D) .............................................................................. 45
After final cast bows 43(J) .................................................................................. 46
Company call after half hour 43(G) .................................................................... 46
For school groups 43(D)(4) ................................................................................ 46
Holiday Schedule 43(D)(2) ................................................................................. 45
Intermissions during 43(I) .................................................................................. 46
Lost 44 .............................................................................................................. 46
Meal between 43(E) ........................................................................................... 46
Number of 43(A),(D) .......................................................................................... 45
Place of 43(F) .................................................................................................... 46
Rest between 43(E) ........................................................................................... 46
Televising of 33 .................................................................................................. 35
Transportation to 29(B) ...................................................................................... 32
PERFORMERS WITH DISABILITIES
Affirmative Action 4(A)(1),24 ........................................................................... 4,27
Auditions 4(A)(1),4(A)(6),4(A)(7),4(A)(8),4(A)(9)24(C) ................................ 4,5,28
Housing 29(A) .................................................................................................... 31
Personal Appearances 45(B)......................................................................................... 48
Personal Property 48 ..................................................................................................... 50
Pets Housing 29(A)(9) ................................................................................................... 32
Photographs and Publicity 45 ........................................................................................ 47
Picture Call 45(A)........................................................................................................... 47
Pointe Shoes 13(B)(6). ................................................................................................... 17
Pre-production-Stage Managers 58(E) .......................................................................... 71
Principal Actor; Definition 20(B) ..................................................................................... 23
Principal Auditions 4(B) ................................................................................................... 6
Production Prosecuted 46 ............................................................................................. 48
Programs; Errors or Omissions 47(B)............................................................................ 50
Prompt Book; Definition 58(I)(1)(b) ................................................................................ 72
Property; Lost or Stolen 48 ............................................................................................ 50
Properties for use in a production 13(A). ........................................................................ 17
Publicity 45 ................................................................................................................ 47
PRO-RATING OF REHEARSAL PAY/SALARY
In First Week of Rehearsal 53(F) ....................................................................... 65
In First Week of Performance 43(C) ................................................................... 45
In Final Week of Performances 53(G) ................................................................ 65

-R-
Radio Broadcasting 33(A),(C),(H) ........................................................................ 35,36,37
Railroad Transportation 62(B) ....................................................................................... 79

COST 2015-2019 ix
INDEX
Heading and Rule No. Page No.

Ramps 52(F) ................................................................................................................ 59


Raked Stage 52(I)........................................................................................................... 60
Ratio, Non-Professionals 38(H) ................................................................................. 41,44
Reading Play, Compensation for 50(A)(3) ..................................................................... 52
Record of Salary deductions 53(N)................................................................................ 66
Recording 33(A)............................................................................................................. 35
Recordings used in Production 49 ................................................................................. 51
REHEARSALS 50.......................................................................................................... 51
Additional 50(A)(4),(5),(H) .................................................................................. 52
After giving notice 61(H)(L) ................................................................................ 77
After half-hour call 43(G),50(B)(2) ................................................................ 46,53
After Opening 50(E) ........................................................................................... 54
After Performance 50(A)(10) .............................................................................. 53
Before Opening 50(D)(1). .................................................................................. 54
Beginning of 50(A)(2),(3) ................................................................................... 52
Breaks 43(G)(E),50(B) .................................................................................. 46,53
Brush-Up 50(E)(5) .............................................................................................. 55
Consecutive Jobbing Contracts 50(F) ................................................................ 55
Continuous 50(A)(2) ........................................................................................... 52
Conversion; Proscenium to Round 50(F)(3),(5) ............................................ 56,56
Day before opening (Packages) 50(F)(3) .......................................................... 56
Full Day off during 18(A)(2) ................................................................................ 22
Hours 50(D),50(E) .............................................................................................. 54
Matinee Day 50(E)(2) ......................................................................................... 54
Notice on Callboard 50(A)(6) ............................................................................. 52
Note Sessions 50(A)(9),50(E)(3) .................................................................. 53,54
Number of Days Allowed 50(A)(1) ..................................................................... 51
On Daylight Day of Rest 50(A)(8) ...................................................................... 52
One-Performance Day 50(E)(2) ......................................................................... 54
Overtime 50(C) .................................................................................................. 53
Packages
Consecutive Jobbing 50(F) .................................................................... 55
Unit 50(H) ............................................................................................... 57
Pay 53(A),(E),(F),(H) ..................................................................................... 62,65
Pay; For Stage Managers, and Assistants 53(A),(E),(F) .............................. 62,65
Pay; Pro-rated 53(F) .......................................................................................... 65
Per Diem during 53(B) ....................................................................................... 64
Per Diem for day before first call 50(A)(2) ......................................................... 52
Pre-Rehearsals 50(A)(4). ................................................................................... 52
Prior to Opening 50(D),50(F)(1) .................................................................... 54,55
Replacement 50(E)(1),50(F)(5) ..................................................................... 54,56
Re-Staging 50(F)(5) ........................................................................................... 56
Rest Periods 50(B)............................................................................................. 53
Space; Safe and Sanitary Requirements 52(D) ................................................. 59
“Straight Six” 50(D)(2) ......................................................................................... 54
Subsequent Production 50(G) ............................................................................ 57
Tech-Dress 50(D)(3). .......................................................................................... 54
Ten out of Twelve 50(D)(1). ................................................................................ 54
Transportation to 29(B)(1) .................................................................................. 32
Travel on same day 50(A)(7) ............................................................................. 52

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Heading and Rule No. Page No.

Understudy 50(E)(1),(6),(I) ....................................................................... 54,55,57


Rental of Clothes 13(C) ................................................................................................. 18
REPLACEMENT
In Emergency 10(C),63(G)............................................................................. 15,83
Permanent 61(O) ............................................................................................... 77
Rehearsal of 50(E)(1),(7),(F)(2),(5) .......................................................... 54,55,56
Salary Limitation 61(N) ...................................................................................... 77
Transportation of 61(J)....................................................................................... 76
Reports; W-2 Forms 51(A)............................................................................................. 57
Reports; Weekly to Equity 51(B).................................................................................... 57
Representatives; Equity 25(E) ....................................................................................... 30
Resident Company 20(D)(1). .......................................................................................... 24
Resident Contract 20(F). ................................................................................................ 24
Resident Stage Manager 53(A),(B),(E),58(E) ................................................. 62,64,65,63
REST PERIODS (See Also BREAKS)
After Arrival 62(A)(11) ........................................................................................ 79
Between Performances 43(E) ............................................................................ 46
During Rehearsal 18(A)(2),50(B),(D) ....................................................... 22,53,54
Overnight 18(C) .................................................................................................. 22
Penalty 50(B)(3) .................................................................................................. 53
Prior to Bus Call 62(D)(6) ................................................................................... 80
RIDER
Cast Album Rider 33(A),33(I). ....................................................................... 35,37
Clothing 13(D) .................................................................................................... 18
Contract 15(A),53(J) .................................................................................... 20,66
Recording For Use in Production 49 ................................................................... 51
Stage Fighting 57(A),57(K) ............................................................................ 69,70
Term Contract 15(E),53(I),60 .................................................................... 21,66,74
Risks; Extraordinary 53(C) .............................................................................................. 64
Rooms 29(A) ................................................................................................................ 31

-S-

SAFE AND SANITARY PLACES OF EMPLOYMENT 52 .............................................. 58


Air Conditioning 52(B)(5) ................................................................................ 58
Alleys 52(B)(7) ................................................................................................. 58
Arena Theatres (aisles, ramps, lights) 52(F),(G) ............................................. 59
Audition spaces 4(E) ....................................................................................... 11
Cots 52(L) ........................................................................................................ 61
Dressing Rooms (heat, clean linen, lighting, etc.) 52(A),(C) .......................... 58,58
Drinking Water 52(O) ...................................................................................... 61
Fire Exits 52(Q) ............................................................................................... 61
First Aid Kits 52(M) ......................................................................................... 61
Floors for Dancing 52(J) ................................................................................. 60
Guide Lights 52(G)............................................................................................ 59
Inspection by Equity 52(U) .............................................................................. 61
Medical Services Listing 52(P) ......................................................................... 61
Rehearsal Space in tents 52(D) ...................................................................... 59
Smoke and Fog Effects 52(K). ............................................................................ 60
Smoking Area 4(E)(1)(f),52(S) ................................................................... 11,61

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Heading and Rule No. Page No.

Stage Manager's Booth 52(E) ......................................................................... 59


Toilet and Lavatory Facilities 52(C) ................................................................ 58
SALARIES 53 62
Actor 53(A) ...................................................................................................... 62
Actual Salary 53(J) .......................................................................................... 66
Additional Duties 53(D) ................................................................................... 65
Advance Stage Manager 53(A),(E) ............................................................ 62,65
Assistant Stage Manager 53(A),(D),(E) ................................................ 62,65,65
Checks 53(L)................................................................................................... 66
Contingent Compensation 53(K) ..................................................................... 66
Cost of Living Increase 53 ............................................................................... 62
During Illness 30 ............................................................................................. 34
Extraordinary Risk Payment 53(C) ................................................................. 64
Full Salary During Rehearsal 53(E) ................................................................ 65
Minimums - all Tiers 53(A) .............................................................................. 62
New Production at Same Theatre 53(H) ......................................................... 65
Payment in Canadian Currency 53(M) ............................................................... 66
Payment in Legal Tender 53(M) ..................................................................... 66
Per Diem 53(B) .................................................................................................. 64
Place and time of payment 53(A) .................................................................... 62
Pro-rating; when permitted 53(F) ....................................................................... 65
Record of Salary Deductions 53(N) .................................................................... 66
Rehearsal Pay 53(A),(F),(H) ......................................................................... 62,65
Stage Managers 53(A),(E) ............................................................................ 62,65
Script Review 24(D). ....................................................................................................... 29
Security Agreement (Bonding) 54.................................................................................. 66
Shoes 13(A),13(B) .................................................................................................... 16,17
Showers 52(C)(1),(3) ................................................................................................ 58,59
Sick Leave 30(B) ........................................................................................................... 34
Singers; Chorus Auditions 4(C)(2)(d),(i) .......................................................................... 9
Smoking Areas 4(E)(1)(f),52(S) ................................................................................ 11,61
Social Security 56 .......................................................................................................... 68
Sound Recording 49,33(A) ....................................................................................... 51,35
Spot Commercial 33(H) ................................................................................................. 37
SET MOVES 55. ............................................................................................................. 67
STAGE FIGHTING 57 ................................................................................................... 69
As Extraordinary Risk 53(C) ............................................................................... 64
Recording Of 57(K) ............................................................................................ 64
Rehearsal: after half-hour 43(G),50(B)(2),57(F) ..................................... 46,53,69
STAGE MANAGERS
Activities prohibited 58(I)(3) ................................................................................ 73
Advance Stage Manager 50(A)(9)(b),50(E)(7),53(B),58(A),(D),(E),(J),
58(A),(D),(E),(J),62(G)(8) .......................................... 53,55,64,70,71,73,82
Attendance at Performance & Rehearsals 58(D) ............................................... 71
Booth 52(E) ........................................................................................................ 59
Duties and Obligations 58(I) .............................................................................. 72
Duties of Advance Stage Manager 58(J) ........................................................... 73
Duties of Assistant Stage Manager 58(K) .......................................................... 73
Not Permitted to Act 58(C) ................................................................................. 71
Number to be Employed 58 ............................................................................... 70

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Heading and Rule No. Page No.

Overtime 58(G) .................................................................................................. 72


Packages 58(A),(K)....................................................................................... 70,73
Per Diem 53(B) .................................................................................................. 64
Pre-Production and Post-Production 58(E) ........................................................ 71
Resident 58,58(E) ......................................................................................... 70,71
Responsibility re company housing 29(A)(4)(7), ........................................... 31,32
Re-staging for conversion 58(H) ........................................................................ 72
Salaries 53(A),(E) ......................................................................................... 62,65
Stock Jobbing 58(A)............................................................................................ 70
Taping and Filming 33(A),33(B)(1),(5),(H) ................................................ 35,35,37
Tech Week Compensation 58(F) ....................................................................... 72
Time Off 58(G) ................................................................................................... 72
Traveling with Company 58(A),62(A)(5) ....................................................... 70,78
Unit Attraction 58(B) ........................................................................................... 70
Stage Surface for Dancing 52(J) ................................................................................... 60
Stock Company; Non-Resident 20(D)(2) ....................................................................... 24
Stock Jobbing Contracts; Definition 20(G)..................................................................... 24
Stock Theatre; Definition 20(D) ..................................................................................... 23
Stock Theatre; Loss of Status 20(E) .............................................................................. 24
Strikes 35 ................................................................................................................ 39
Strikes; Performances Lost 44....................................................................................... 46
Subsidiary Rights 59 ...................................................................................................... 74
Swing 10(B)(5),50(E)(6)............................................................................................ 15,55

-T-

TELEVISING, RECORDING AND MOTION PICTURE 33 ............................................ 35


Approval by Equity 33(A) ................................................................................... 35
Archival Taping 33(J). ........................................................................................ 37
Cast Albums 33(I). ............................................................................................. 37
During Performance 33(B)(2) ............................................................................. 35
During Rehearsal 33(B)(1) ................................................................................. 35
Newscast (3-minute) 33(B) ................................................................................. 35
Notice to cast 33(B)(1)(c) ................................................................................... 36
Radio Broadcast 33(A),(C),(H). ................................................................. 35,36,37
Spot Commercial 33(H) ..................................................................................... 37
Violation 33(B)(6) ............................................................................................... 36
Web sites 33(E). ................................................................................................ 36
Term Contract 15(E),53(I),61(E) ........................................................................ 21, 66, 76
TERMINATION 61 ......................................................................................................... 75
Actor Re-engaged or Replaced 61(N) ............................................................... 77
At request of Equity 65(B) .................................................................................. 84
By Actor; after opening 61(D) ........................................................................... 75
By Actor; before rehearsal 61(C),(D) ................................................................. 75
By Producer 61(C)(2) ......................................................................................... 75
Closing Season or Unit Tour 12 ......................................................................... 16
Deputy 22........................................................................................................... 25
Extension of Season 61(F) ................................................................................ 76
For Just Cause 61(B) ......................................................................................... 75
For Military Service 33 ....................................................................................... 35

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Illness or Accident 61(G) .................................................................................... 76


Notice; how, when to be given 61(A) ................................................................. 75
Payment to Actor 61(K) ...................................................................................... 77
Permanent Replacement 61(O) ......................................................................... 77
Resident Contract for Stock 61(D)(1) ................................................................. 75
Stock Jobbing Contract 61(D)(2) ....................................................................... 76
Transportation Payment by Actor 61(J) ............................................................. 76
When Actor Secures New Engagement 61(L) ................................................... 77
Without Payment by Actor 61(C)(1),61(D)(1),(2) .......................................... 75,75
Time Limit; Arbitration 3(A) .............................................................................................. 2
Time Limit; Lodging Claims 11(B).................................................................................. 15
Toilet and Lavatory Facilities 52(C) ............................................................................... 58
Touring Production – Definition 20(H) ........................................................................... 24
TRANSPORTATION AND BAGGAGE 62 ................................................................... 77
Advance Stage Manager 62(G)(8) ..................................................................... 82
After Termination by Actor 61(J) ........................................................................ 76
After Termination by Producer 61(M) ................................................................. 77
Air 62(C)............................................................................................................. 79
Arrival and Departure Expense 62(A)(1),(2),(3),(4) ....................................... 77,78
Automobile 62(F) ................................................................................................ 81
Baggage 62(H)................................................................................................... 82
Between Theatres 62(G) .................................................................................... 81
Bus 62(C)(5) ...................................................................................................... 80
Combination of Travel, Rehearsal and Performance 62(A)(11) ......................... 79
Combined Methods of Travel 62(E) ................................................................... 81
Consecutive Jobbing Contracts 62(G) ............................................................... 81
Costumes 13(A) ................................................................................................. 16
Day Coach 62(B) ............................................................................................... 79
Day Prior to First Rehearsal 50(A)(2) ................................................................ 52
Extension of time allowed 62(A)(7) .................................................................... 78
Juvenile Actors 35.............................................................................................. 39
Local-Provided by Producer 29(B) ..................................................................... 32
Manner and Route 62(A)(3) .............................................................................. 78
Night-between Theatres 62(D)(8),62(G)(9) ................................................... 80,82
Overtime 62(A)(10),(11) ..................................................................................... 79
Packages 62(G) ................................................................................................. 81
Payments; Tickets in Advance 62(A)(2) .............................................................. 77
Penalties 62(5)(6),(8),(E) ................................................................................... 80
Photographs, Publicity Appearances 45(E) ....................................................... 48
Railroad 62(B) .................................................................................................... 79
Rest Period after Arrival 62(A)(11) ..................................................................... 79
Stage Manager required 62(A)(5) ...................................................................... 78
Tickets for 62(A)(2) ............................................................................................. 77
To Costume Fitting 13(F) ................................................................................... 19

-U-
UNDERSTUDIES 63 ..................................................................................................... 82
As permanent replacement 61(O) ...................................................................... 77
Chorus for Chorus 10(B)(1) ............................................................................... 14
Chorus for Principal 10(B)(2) ............................................................................. 14

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Heading and Rule No. Page No.

Chorus for Star 10(B)(3) .................................................................................... 14


Payment for Emergency 63(H) .......................................................................... 83
Principal for Principal 63(B),(C) ......................................................................... 83
Rehearsal requirements 50(E)(1),(6),(H)(2),(I) ................................ 54,55,57
Unemployment Insurance 56 ......................................................................................... 68
Union Emblem 64 .......................................................................................................... 83
UNIT PACKAGE
Bus Transportation 62(C)(5) .............................................................................. 80
Conversion 50(H)(2) .......................................................................................... 57
Definition 20(H)(2).............................................................................................. 25
Rehearsal after opening 50(H)(1) ...................................................................... 57

-V-
Vacations 66 ................................................................................................................ 84
Valuables 48(B) ............................................................................................................. 50
Voluntary Classes 67 ..................................................................................................... 85
Voting by Equity Company Members 68 ....................................................................... 85

-W-
WAIVERS
Claims 11(A) ...................................................................................................... 15
Contract 15(A)................................................................................................... 20
Wardrobe 13 16
Web sites 33(E). ............................................................................................................. 36
Weekly Report 51(B) ..................................................................................................... 57
Wigs 13(J) ................................................................................................................ 19
Worker's Compensation 31(A) ....................................................................................... 34
W-2 Forms 51(A) ........................................................................................................... 57
Work Week and Overtime 69...................................................................................... 85

COST 2015-2019 xv

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