Chapter XIII: Part 13

20. Should the production in which the Chorus is engaged be complained of as being in violation of any statute, ordinance or law of the United States, any state or any municipality in any state and should a claim or charge be made against the Chorus on account of his being engaged in such production, either civil or criminal, the Manager shall defend the Chorus at his own expense, or shall pay any and all reasonable charges laid out or incurred by the Chorus in his defense, and the Manager agrees to indemnify the Chorus against any loss or damage which he may suffer on account of being engaged in any such production.

This rule shall not apply to any case or any set of conditions where its enforcement would be illegal or against public policy.

21. The Manager shall have the right to lay off his company the week before Christmas and Holy Week without pay. Should such lay-off take place the Manager shall not during said lay-off period be entitled to the services of the company except for a run-through rehearsal on the day of re-opening, and except further that additional rehearsals may be allowed by the Chorus Equity Association in case of illness of the star or prominent member of the company or change of cast.

22. If in any production the star or featured member of the cast shall be ill and a lay-off shall take place on that account, Chorus receiving less than $100 weekly (but no others) shall be paid by the Manager an amount equal to their board and lodging for the first week. If said lay-off continues beyond one week half salaries shall be paid to the entire company for each day the Chorus are retained up to and including two further weeks. From and after the beginning of the fourth week the Manager shall either pay full salaries to all members of the company or may abandon the production.

23. In case after the opening of the play and after at least two weeks' employment the Manager shall desire a lay-off for the purpose of re-writing or making changes in the cast or any other reason deemed sufficient by him, he may apply to the Chorus Equity Association for the right to do so, which right shall be granted if the Actors' Equity Association grants the same right, and shall be granted upon the terms and conditions that are acceptable to the Actors' Equity Association. But in any event if a change or changes in the cast is made the Chorus dismissed and not employed upon the renewed run of the play shall be paid at least one week's additional salary.

24. Musical comedies, revues or spectacular plays shall immediately after a New York run be allowed one day's lay-off without pay before the opening in either Boston or Chicago. This does not apply to premieres, i.e., original openings in those cities.

25. Should the Chorus deem that he has any claim against the Manager under his contract, he shall present the same to the Chorus Equity Association or to the Manager or both within two months after the time when such claim has arisen, unless he shall give to the Board of Arbitration good and sufficient reason for any delay after such period of two months.

26. Should either party give the other any notice under his contract which terminates the same at any future date and should the Chorus have or secure a new engagement he shall be permitted to attend the rehearsals under the new engagement as may be necessary and as do not conflict with his performance under his then existing contract.

27. The actual salary of the Chorus agreed upon shall be stated in the contract and a lesser or fictitious salary shall not be stated in the contract.

28. Unless special consent otherwise is given by the Manager, understudies shall be present at each performance.

29. "Tryouts" during May, June and July are permissible where the Manager agrees to pay and pays one week's salary for two weeks' rehearsals and an additional half week's salary for each additional week of rehearsal, one week's salary to be guaranteed. Payment for part of a week's rehearsal shall be pro-rata.

30. Sunday performances, referred to in the "Regulations," under Subdivision 4 of Paragraph "H" are regular dramatic and musical productions and do not include vaudeville, recitals, concerts and the like.

31. Chorus Equity will raise no objection to the trying out of vaudeville acts in revues or similar type of productions for one performance, provided the act understands and is agreeable to this arrangement and provided, further, that this entails on the company no rehearsal.

* * * * *

AGENT'S CONTRACT

(Usual form of contract required by artist's representative, business manager or "agent" as he is called, who negotiates with managers for the artist's services.)

THIS AGREEMENT made this ---- day of ----, 19--, between ----, hereinafter called the Manager, and ----, hereinafter called the Artist.

WITNESSETH: In consideration of the covenants and conditions hereinafter contained, the parties hereto have agreed and do hereby agree as follows:

1st--The Artist engages the Manager as ---- exclusive Business Manager and agrees to remain under his personal charge and supervision for a term of ---- years from the date hereof, and in all matters and things connected with the theatrical engagements and motion pictures, or in any wise affecting the rendition of the Artist's services therein, to be governed and controlled exclusively by the Manager's judgment and discretion.

2nd--The Manager accepts the engagement as ---- Manager of the Artist as above mentioned and agrees to manage, take sole charge of, supervise and control the development and exploitation of the Artist as an ---- in theatrical productions and motion pictures, and to use his best efforts to promote the Artist's interests and enhance the value of ---- services. The Manager further agrees to give due publicity to the fact that the Artist is under his personal direction and to render such other services as are customarily performed by the Business Manager of actors or actresses engaged in theatrical productions or in the production of motion pictures.

3rd--The Manager is authorized, on behalf of the Artist and in the Artist's name, to negotiate for and enter into a contract or contracts with theatrical managers and motion picture producers for the services of the Artist at a minimum salary of ---- Dollars per week, or for such other compensation as may be mutually agreed upon between the parties. The Artist agreeing to conduct all negotiations through the Manager and to advise him of all calls and offers of employment during the terms of this agreement.

4th--The Manager will receive ten per cent (10%) of all salaries, compensation, earnings or share of profits or receipts accruing to the Artist during the term hereof, or through any contract for the Artist's services made during the term of this agreement, said sum to be payable to the Manager periodically as the compensation of the Artist shall become due and payable, and the Artist does hereby assign, transfer and set over unto the Manager ten per cent (10%) of all compensation for services received during the period of this agreement, and the Artist hereby authorizes and empowers any person, firm or corporation for whom the Artist shall render services as aforesaid, to withhold and pay over to the Manager ten per cent (10%) of all compensation payable to the Artist from time to time as such compensation shall become due.

5th--All advertisements, announcements or publicity relating to the Artist paid for or payable by the Artist shall contain a statement or notice to the effect that the Artist is under exclusive management or direction of said manager.

IN WITNESS WHEREOF, the parties hereto have hereunto set their hands and seals the day and year first above mentioned.

---- (L.S.) ---- (L.S.)

In presence of: ----

* * * * *

AGENT'S AGREEMENT

AGREEMENT made this the ---- day of ----, 19--, between ---- New York City, hereinafter called the Manager, and ----, hereinafter called the "Act."

WHEREAS the Manager is engaged in the business of managing, producing and exploiting theatrical, motion picture and vaudeville enterprises and specialties, and

WHEREAS, the said Manager is acquainted with the producers of theatrical and motion picture enterprises and with persons desirous of obtaining the employment of theatrical and vaudeville specialties, similar to the one owned by the Act, and

WHEREAS, the said Manager has a wide experience and knowledge of the method of staging and producing specialties and theatrical and motion picture enterprises, and also of the duties of a Manager, and

WHEREAS the said Act is engaged in rendering and producing a certain specialty in various cities and is constantly traveling and requires the services of a person to attend to the making of contracts and the proper advertising, correspondence, transportation, music, billing, program and press matters of the said Act;

NOW therefore, in consideration of the premises and the sum of One Dollar by each of the parties to the other in hand paid and in consideration of the mutual covenants herein expressed, it is agreed as follows:

FIRST: The Act hereby employs and engages the Manager to render his services as personal representative and business manager for the Act for a period of ---- or, ---- from the date hereof, and the Manager hereby accepts said employment, upon the following terms and conditions.

SECOND: The Manager agrees to attend to all correspondence of the Act and to maintain an office at his own expense, which the Act may use, and to arrange and to attend to the details in connection with the transportation, advertising, billing, program and press matters and to attend to the delivery of the same at such theatres as the Act may be engaged to play, and to make and execute in the name of the Act as its personal representative and Manager any and all contracts in connection with the said Act. Also to advertise and exploit and to procure and advertise reports of the said Act and to otherwise popularize the same in such manner and such times as the Manager deems best.

THIRD: The Act agrees to pay the said Manager for his services as such a weekly salary of $---- during each week that the Act may perform at a salary of $---- per week, and less or more than such compensation in proportion to the salary earned by the Act, and to pay the Manager such sums as he may disburse for other things necessary in managing said Act.

FOURTH: The Act in order to secure the Manager the aforesaid salary hereby assigns the amount of such weekly compensation to the said Manager and hereby authorizes said Manager to draw and execute such assignment in the name of the Act and hereby authorizes the managers of the theatres to deduct said compensation and pay the same to the Manager from the money due the Act.

FIFTH: The Act further agrees that the Manager shall be the sole and exclusive Manager and representative of the Act during the said period and that he shall not be required to devote all his time to or with said Act.

SIXTH: The Manager further agrees at his own expense and when necessary to employ employment agent or agencies in order to procure the best employment for the Act and it is agreed that the Manager is not to receive any compensation for procuring employment through said agents or agencies or otherwise.

SEVENTH: It is further agreed that no oral agreement not included herein is binding on the parties hereto:

In witness whereof the parties hereunto have set their hands and seals this ---- day of ----, 19--.

It is understood that if the Artist shall play vaudeville the (Signed) ---- (L.S.) commission to us shall only be five (5%) per cent. (Signed) ---- (L.S.)

In the presence of ----

* * * * *

MANAGERIAL CONTRACT

THIS AGREEMENT made this ---- day of ----, 192-, between NED WAYBURN OFFICE, Inc., hereinafter called the Manager, and ----, hereinafter called the Artist.

WITNESSETH: In consideration of the covenants and conditions hereinafter contained, the parties hereto have agreed and do hereby agree as follows:

1st--The Artist engages the Manager as ---- exclusive Business Manager and agrees to remain under his personal charge and supervision for a term of ---- years from the date hereof, and in all matters and things connected with the theatrical engagements and motion pictures, or in any wise affecting the rendition of the Artist's services therein, to be governed and controlled exclusively by the Manager's judgment and discretion.

2nd--The Manager accepts the engagement as Manager of the Artist as above mentioned and agrees to manage, take sole charge of, supervise and control the development and exploitation of the Artist as a ---- in theatrical productions and in motion pictures, and to use his best efforts to promote the Artist's interests and enhance the value of ---- services. The Manager further agrees to give due publicity to the fact that the Artist is under his personal direction and to render such other services as are customarily performed by the Business Manager of actors or actresses engaged in theatrical productions or in the production of motion pictures.

3rd--The Manager is exclusively authorized, on behalf of the Artist and in the Artist's name to negotiate for and enter into a contract or contracts with theatrical managers and motion picture producers for the services of the Artist for such period or periods of time as in his judgment the Manager shall deem wise, at a minimum salary of ---- Dollars per week, or for such other compensation as may be mutually agreed upon between the parties hereto, the Artist agreeing to conduct all negotiations exclusively through the Manager and to advise him of all calls and offers of employment during the term of this agreement.

4th--The Manager will receive ten percent (10%) of all salaries, compensation, earnings or share of profits or receipts accruing to the Artist during the term hereof, or through any contract for the Artist's services made during the term of this agreement, or for any renewal of any contract which the manager negotiates during the period of this agreement, said sum to be payable to the Manager periodically as the compensation of the Artist shall become due and payable, and the Artist does hereby assign, transfer and set over unto the Manager ten percent (10%) of all compensation for services received during the period of this agreement, and the Artist hereby authorizes and empowers any person, firm or corporation for whom the Artist shall render services as aforesaid, to withhold and pay over to the Manager (10%) ten percent of all compensation payable to the Artist from time to time as such compensation shall become due.

5th--All advertisements, announcements or publicity relating to the Artist paid for or payable by the Artist shall contain a statement or notice to the effect that the Artist is under exclusive management or direction of NED WAYBURN OFFICE, INC.

IN WITNESS WHEREOF, the parties hereto have hereunto set their hands and seals the day and year first above mentioned.

In presence of

NED WAYBURN OFFICE, Inc., By ---- [L.S.] President.

---- [L.S.]

J. THOMAS CO., PRINTERS, CHICAGO

DAILY SCHEDULE FOR ADULT GIRLS

(From Monday to Friday, Inclusive)

At Ned Wayburn Studios of Stage Dancing, New York

1841 Broadway (at Columbus Circle) Entrance on 60th Street

New Classes Start Monday of the First Week of Every Month

A.M. MORNING

9:30 to 10:30 Advanced Class in Acrobatic Dancing.

10:00 to 11:00 Advanced Class in Musical Comedy Dancing.

10:30 to 11:30 Beginners' Class in Limbering and Stretching.

11:30 to 12:30 Beginners' Class in Musical Comedy Dancing.

11:30 to 12:30 Advanced Class in "Tap" and "Step" Dancing.

12:00 to 1:00 Professional Ballet Class.

P.M. AFTERNOON

12:30 to 1:30 Beginners' Class in "Tap" and "Step" Dancing.

1:00 to 2:00 Intermediate Ballet Class.

1:30 to 2:30 Semi-professional Class in Musical Comedy Dancing.

2:00 to 3:00 Beginners' Ballet Class.

2:30 to 3:30 Professional Class in Musical Comedy Dancing.

3:00 to 4:00 Special Conditioning Class--(Reducing, Increasing Weight).

3:30 to 4:30 Professional Class in "Tap" and "Step" Dancing.

3:30 to 4:30 "Special Dance" Ballet Class.

EVENING

5:30 to 6:30 Professional Class in "Tap" and "Step" Dancing.

6:30 to 7:30 Advanced Class in "Tap" and "Step" Dancing.

7:00 to 8:00 Advanced Class in Acrobatic Dancing.

7:30 to 8:30 Beginners' Class in "Tap" and "Step" Dancing.

8:00 to 9:00 Beginners' Class in Limbering and Stretching.

8:00 to 9:00 Beginners' Ballet Class.

8:30 to 9:30 Beginners' Class in Musical Comedy Dancing.

Special classes in "How to Make Up"--"The Ned Wayburn Way"--at 2:30 p.m. on specified Saturdays.

Private lessons in all types of dancing or facial makeup at any time the Studios are open, only by appointment made in advance.

SATURDAY CLASSES FOR CHILDREN

At Ned Wayburn Studios of Stage Dancing, Inc.

1841 Broadway (at Columbus Circle) Entrance on 60th Street

MORNINGS

Junior Class--

(Ages 4, 5, 6 and 7 years)--1 hour only

10 to 11 A.M.--Body Building and Dancing Games.

Intermediate Beginners' Class--

(Ages 8, 9, 10 and 11 years)--2 hours instruction.

10 to 11 A.M. {Technique, Limbering and Stretching
{Ballet Work, Deportment, Etc.

11 to 12 A.M. {Ballet Dances (Toe, Classical, Etc.)
{Musical Comedy Dances

Senior Beginners' Class--

(Ages 12, 13, 14 and 15 year)--2 hours instruction

11 to 12 Noon {Technique, Limbering and Stretching
{Ballet Work, Deportment, Etc.

12 to 1 P.M. {Ballet Dances (Toe, Classical, Etc.)
{Musical Comedy Dances

AFTERNOONS

Intermediate Advanced Class--

(Ages 8, 9, 10 and 11 years)--2 hours instruction

1 to 2 P.M. {Ballet Technique
{Acrobatic Technique

2 to 3 P.M. {Ballet Dances (Toe, Classical, Etc.)
{Tap and Step Dances

Senior Advanced Class--

(Ages 12, 13, 14 and 15 years)--2 hours instruction

1 to 2 P.M. {Acrobatic Technique
{Ballet Technique

2 to 3 P.M. {Tap and Step Dances
{Ballet Dances (Toe, Classical, Etc.)