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MEMORANDUM OF AGREEMENT - American Guild of Musical Artists

MEMORANDUM OF AGREEMENT - American Guild of Musical Artists

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COMPANY STANDARDS SIDELETTER<br />

August 1, 2011<br />

Alan S. Gordon, Esq.<br />

National Executive Director<br />

AGMA<br />

1430 Broadway, 14th Floor<br />

New York, NY 10018<br />

Dear Mr. Gordon:<br />

ABT and AGMA acknowledge that issues involving the health, weight and<br />

physical appearance <strong>of</strong> dancers are, at once sensitive, personal and emotionally charged<br />

and also <strong>of</strong> artistic concern. In an effort to protect and promote the respective rights<br />

and interests <strong>of</strong> both ABT and individual dancers and to assure a harmonious<br />

workplace, AGMA and ABT establish the procedures below with regard to the individual<br />

Artist meetings to discuss issues involving health and weight.<br />

In the event that the Employer wishes to conduct an initial formal<br />

discussion regarding the health and/or weight <strong>of</strong> an individual Artist, such discussion<br />

may only occur under the following conditions:<br />

• There shall be no weigh-ins by ABT staff on site. ABT may require certification <strong>of</strong><br />

weight by a health pr<strong>of</strong>essional acceptable to ABT.<br />

• The Artist and AGMA must be notified in advance that the Employer intends to<br />

schedule a meeting to discuss an individual Artist’s weight (except where, in<br />

ABT’s judgment, immediate action is required to protect an Artist’s health or<br />

safety);<br />

• The meeting will be scheduled during regular rehearsal hours at a mutually<br />

agreeable date and time with adequate notice to allow for all relevant parties to<br />

be present;<br />

• The only participants other than the Artist in such meeting shall be:<br />

1) A senior member <strong>of</strong> the artistic staff; and<br />

2) If requested by the Artist, a representative <strong>of</strong> AGMA; and<br />

3) A health pr<strong>of</strong>essional designated by the Artist (such as a physician, a<br />

nutritionist, or another health pr<strong>of</strong>essional); and<br />

4) If requested by ABT, the ABT physical therapist or another health<br />

pr<strong>of</strong>essional; and<br />

5) With prior notice to the Employer, the Artist may have an additional<br />

witness <strong>of</strong> the Artist’s choice present at the meeting, which may include an<br />

AGMA Delegate.<br />

• There will be a written summary <strong>of</strong> the meeting which shall be reviewed by ABT,<br />

the Artist, and AGMA.<br />

4838-7492-6350.5

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