Contract 2012-2015 - American Guild of Musical Artists

AGREEMENT made and executed in the City of Tulsa, County of Tulsa, and State of Oklahoma this day, June
30, 2012, by and between the AMERICAN GUILD OF MUSICAL ARTISTS, a membership corporation
organized and existing under and by virtue of the laws of the State of New York and having its principal office at
1430 Broadway, Floor 14, New York, New York 10018 (hereinafter “AGMA”) and TULSA BALLET THEATRE,
INC, a not-for-profit corporation organized under the laws of the State of Oklahoma, having its principal place of
business at 1212 East 45 th Place, Tulsa, Oklahoma 74105, (hereinafter called “BALLET”).
WITNESSETH
In consideration of the mutual agreements herein contained, the parties agree as follows:
1. EXPIRATION
The term of this Agreement shall commence on July 1, 2012, and shall terminate on June 30, 2015
provided that all contracts with ARTISTS which expire after that date shall be deemed subject to
such new Agreement as may be entered into between AGMA and the BALLET for the next or
succeeding season.
2. EMPLOYEES COVERED
The BALLET hereby recognizes AGMA as the exclusive collective bargaining agent for all Dancers
and Apprentices (hereinafter referred to as “ARTISTS”) employed by the BALLET.
Article I:
AGMA MEMBERSHIP
1. ARTISTS’ RIGHTS AND RESPONSIBILITIES
(A) Artists of Tulsa Ballet are not required by Oklahoma law to be members of any union. Artists
who wish to become and remain members of AGMA in good standing on the date this
Agreement is executed may remain members in good standing, and those who are not
members may choose to become members in good standing of AGMA. "Membership" and
"Good Standing" as used in this paragraph shall mean the tender of AGMA's uniformly
required initiation fees and periodic dues. Nothing contained within this Agreement shall
contravene existing or future Oklahoma or Federal Law.
(B)
AGMA agrees that it is and will continue to be an open union and will keep its membership
rolls open and will admit to membership all ARTISTS engaged by the BALLET and will not
impose unreasonable entrance fees or dues upon its members; provided, however, nothing
contained in this AGREEMENT shall be deemed to limit the right of AGMA to suspend, expel,
otherwise discipline or to refuse to admit to membership or readmit a member, pursuant to the
rules, regulations, Constitution and By-Laws of AGMA, and provided, further, that nothing
contained herein shall require the BALLET to discharge or refuse to engage any ARTIST by
reason of an action of AGMA.
2. MANAGEMENT RIGHTS AND RESPONSIBILITIES
(A) Nothing contained within this Agreement or the Artist’s Contract for Employment shall in any
way abrogate the artistic prerogatives of the management of the BALLET, which shall be the
sole judge and arbiter of any and all artistic matters, including the selection of ARTISTS for
roles.
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(B)
All the rights, powers, functions and authority of the BALLET that it had prior to the time any
union became certified as the exclusive collective bargaining representative of the employees
of the BALLET and that are not inconsistent with the provisions and purposes of this
Agreement are retained by the BALLET.
3. AGMA COMMITTEE
A Committee shall be established to discuss and resolve issues which arise during the term of this
Agreement. This Committee will operate as follows:
(A)
(B)
(C)
(D)
The BALLET agrees to the establishment of a Committee consisting of representatives of the
ARTISTS, representatives of the BALLET, and an officer or representative of AGMA, when
requested.
Committee meetings are to be scheduled either upon request of the BALLET, upon request of
representatives of the ARTISTS or upon request of AGMA, and such meetings shall not be
counted as rehearsal time. Issues brought to the Committee shall have been fully
investigated by the appropriate Delegates before being presented.
The subject matter to be discussed by the Committee shall be limited to issues relating to
terms and conditions of employment.
The BALLET agrees, subject to the requirement of rehearsal and performance, to set aside a
period of up to one (1) hour during which there may be no rehearsals, upon request of AGMA,
for membership meetings, once during the first week of any season. The BALLET will
cooperate with AGMA in setting up such a meeting in order that AGMA members can elect a
Delegate and a Committee, if called for in this Agreement, and acquaint the members with the
provisions of this Agreement. This one (1) hour is not to be included in compensated
rehearsal/performance time.
4. ADMITTANCE OF AGMA REPRESENTATIVE ON BALLET’S PREMISES
Any officer or other duly authorized representative of AGMA shall, after reasonable notice to the
BALLET, be admitted to the premises of the BALLET, or such other place where the Company is
working, and the BALLET agrees to cooperate with such representative in dealing with all matters
pertaining to the official business of AGMA.
5. NOTICES
All notices to ARTISTS provided herein shall be given to the ARTIST either personally or by mail to
his/her last known address or to him in care of AGMA. All notices to BALLET provided herein shall
be delivered to the office of the BALLET either personally or by mail.
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6. DEDUCTIONS
A. For an ARTIST who has submitted a signed authorization satisfactory to AGMA and to the Ballet, the
Ballet will deduct 2% of the gross compensation earned and to be earned as a dancer by each
ARTIST covered under this Agreement, the applicable Working Dues from ARTIST's pay, provided
further that an ARTIST may revoke or reinstate such authorization at any time. If an ARTIST chooses
to revoke or to reinstate such authorization, he/she shall provide AGMA and the BALLET with 30 day
written notice of revocation or authorization to deduct said Working Dues. A copy of such Authorization
that is acceptable to the Ballet and approved by AGMA is attached herein as Exhibit F
B. Within one (1) month after the end of each payroll period, the BALLET shall remit to AGMA a check
drawn to the order of the American Guild of Musical Artists for the amount of any deductions which
have been authorized by ARTISTS’ during the payroll period.
C. AGMA agrees to indemnify the BALLET for the cost of and/or any award or judgement relating to any
legal action brought against the BALLET as a result of the BALLET’s compliance with the obligation
set for in this Article.
Article II.
DEFINITIONS
Whenever used in this Agreement, unless otherwise prohibited:
1. Apprentice - Except as explicitly provided in this subparagraph, all terms and conditions of this
contract shall apply to Apprentices:
(A) There shall be no more than four (4) Apprentices in any contract year;
(B) Apprenticeship shall be no more than 44 weeks or 3 performing seasons, whichever is earlier;
(C) In the event an Apprentice under the age of 18 is covered by a parent’s or spouse’s medical
plan, any applicable medical coverage provided for in this Agreement shall not be paid by
BALLET;
(D) Apprentices shall be notified of engagement or non-engagement in accordance with Article
III(6).
2. City of Origin - City of Tulsa, Oklahoma. An engagement will be considered outside the City of
Origin if such engagement takes place more than a radius of seventy-five (75) miles from the
company’s point of in-city departure.
3. Curtain Time - Curtain Time is up to seven (7) minutes past advertised Curtain Time or the beginning
of the music of the first dance piece whichever occurs first.
4. Dance Captain – A Dance Captain shall be chosen by the dancers and approved by BALLET to
oversee the orders of pointes shoes. Additional weekly compensation shall be the same as that for
the AGMA Delegate.
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5. Dancer Ranks - The following levels or categories of Dancers have been designated in the Artist’s
Contract for Employment and/or the public announcements, programs and other literature issued by
the BALLET:
Principal Demi-Soloist Corps de Ballet I
Soloist Corps de Ballet II Apprentice
6. Dress Rehearsal - An appearance which may include the following elements:
(A) All scenery, lighting, props and costumes are utilized;
(B) Orchestra or performance music utilized;
(C) All performing ARTISTS shall appear in full costume and make-up;
(D) May include an invited, non-paying audience;
(E) No printed program or announcement stating cast or program credits with the exception of the
invited dress rehearsal (e.g., Partners in Art).
(F) Intermissions will be in accordance with Article IX (2).
(G) Notification of dress/technical rehearsal make-up and hair requirements will be posted on the
Company call board the day before that rehearsal.(H) Media may be invited to attend as per the
terms of Article XII. Artists shall be given 24 hours advance notice of the rehearsal which the media
may be attending.
7. Emergency Rehearsal – A rehearsal necessitated by the inability of an ARTIST to perform due to
sickness or injury when such emergency rehearsal is posted by the BALLET as soon as possible after
the BALLET learns of the emergency. In addition to any emergency rehearsal due to the sickness or
injury of any ARTIST, the ARTIST may be retained for emergency rehearsal due to an artistic
emergency if the lack of such rehearsal would endanger the artistic standards of a work being
presented. Any ARTIST(S) called for any such emergency rehearsal shall be compensated at a rate
of $12.00/hour in one-quarter (1/4) hour increments. BALLET shall be allowed forty five (45) minutes
per year per ARTIST at no charge. Individual ARTISTS shall be responsible for keeping track of any
Emergency Rehearsal time.
8. Extraordinary Risk – A performance or on-stage technical rehearsal or dress rehearsal which entails
one or more of the following high risk feats for an ARTIST:
(A) Suspension from trapeze, wire or like contrivance more than four (4) feet above stage floor;
(B) Performing on stilts or like devices which place ARTIST’s feet more than four (4) feet above
stage floor;
(C) Operating explosive or pyrotechnic devices;
(D) Handling fire or performing near or around fire;
(E) Any other form of high risk feat endangering ARTIST to injury as mutually determined by a
local AGMA Committee and the BALLET prior to the first performance.
Notwithstanding the foregoing, performing on any construction or apparatus built about the stage floor
or orchestra pit, regardless of height, shall not be considered “Extraordinary Risk” if it is of such
stability, width and protective dance-ability and having such railings as may be necessary so as to
assure the safety of the ARTISTS as mutually determined by a local AGMA Committee or
representative and the BALLET. For each instance of Extraordinary Risk the ARTIST shall be
compensated at the rate of $16.00 per person, per service for each on-stage technical rehearsal, each
Dress Rehearsal and each performance.
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If the agreed upon conditions of Exhibit B are met by the BALLET, the use of sharp weapons, swords,
and or other props used as weapons, shall not ordinarily be considered Extraordinary Risk. Further,
with regard to The Nutcracker, the BALLET’s current costumes for the “Mouse King” and the
“Nutcracker,” and its current presentation of “Mother Ginger,” shall not be considered Extraordinary
Risk.
9. Free Day - A period of twenty-four (24) consecutive hours during which the ARTIST may not be
required to travel, rehearse, perform, or execute any service or obligation whatsoever for the BALLET.
BALLET shall attempt to avoid interrupting a Free Day for photo calls, costume fittings, or any other
service such as individual volunteer service. However, if ARTIST is called they shall be paid at Free
Day Rate for time called.
During performance weeks the twenty-four (24) hour consecutive time period shall be counted from
eleven (11) hours after the close of the last preceding performance. Each performance week shall
have one (1) Free Day in each Monday-through-Sunday week.
Each rehearsal week shall have two (2) Free Days within each Monday-through-Sunday week, except
as provided in Article VII (3E). During a 5-day rehearsal week the consecutive Free Days shall
commence at midnight and end no earlier than 10:00am in the morning of the third (3rd) following day.
Exceptions to this time will be mutually agreed upon by AGMA delegates and Artistic Director.
In Tulsa, a travel call may take place not earlier than 9:00am following any Free Day. On tour, no
travel call may take place earlier than 8:00am following any Free Day, and BALLET will make best
efforts to make travel calls not earlier than 9:00am. Exceptions to this time will be mutually agreed
upon by AGMA delegates and Artistic Director.
10. Free Day Rate - $22.00/hour, with a minimum Two Hour call, payable thereafter in one-quarter-hour
(¼ hours) increments.
11. Full Day Rate – 1/5 of ARTIST’S weekly salary.
12. Lay-Off Period – A period of time that dancers are not paid by BALLET within the contract year.
13. Lecture/Demonstration (Lec/Dem) - An activity not to exceed fifty-five (55) minutes in duration for the
purpose of conveying the art form to a new audience consisting of, but not limited to, students,
teachers, and other interested persons. Stage makeup may be required for Lec/Dems. In the case of
makeup required for special, character or ethnic makeup which is integral to the Dance Piece stage
makeup will be required. All provisions of this Agreement with respect to rehearsal and travel will
apply to all Lec/Dems. BALLET will provide all transportation.
A Lec/Dem shall count as one-half (1/2) performance service providing that the total elapsed time
between demonstrations does not exceed four (4) hours (including travel time but excluding Rest
Time). There shall be not more than three (3) Lec/Dems in any one day, each being separated by not
less than one and one-half (1-1/2) hours if travel is involved and by no less than one-half (1/2) hour if
no travel is involved.
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A Back-to-Back Lec/Dem shall consist of two (2) Lec/Dems (equivalent to one (1) full performance
service), each not to exceed fifty-five (55) minutes in length and be performed within a two and onehalf
(2½) hour period outside of the BALLET studios but in the same location for two different
audiences. There shall be an interval between of not less than twenty-five (25) consecutive minutes.
In the event that a Back-to-Back Lec/Dem is scheduled on the same day as a regular performance,
the provisions of this Agreement relative to a two-performance day will apply. Two (2) Lec/Dems do
not convert a Rehearsal Week to a Performance Week.
(A)
Rehearsals after Lec/Dems – On days when there is an evening performance after a
Lec/Demo, one-half (1/2) hour of rehearsal will be permitted following Lec/Dems with a fifteen
(15) minute rest period between close of curtain and commencement of rehearsal time.
On days when no other performance is scheduled with a Lec/Dem, rehearsals may be
scheduled as follows in BALLET’s home facility and away from BALLET’s facility:
* Four (4) hours in Tulsa and three (3) hours outside of Tulsa of rehearsal in the event of
one (1) Lec/Dem per day;
* Two (2) hours of rehearsal in the event of two (2) Lec/Dems per day in any location;
* No rehearsal on days when three (3) Lec/Dems are scheduled in any location.
(B)
Conditions for Lec/Dems - BALLET shall make reasonable efforts to:
* ensure that the ARTIST shall have access to the performing space at least one (1) hour
prior to the starting time of a Lec/Dem;
* arrange for a suitable warm-up space with barres for the ARTISTS; and
* provide a professional floor surface for all Lec/Dems.
BALLET will make reasonable attempt to arrange for adequate dressing rooms to include
dressing and seating space and bathroom facilities for all occupants.
14. Master Class - A teaching activity requested by the BALLET for non-company members within the
profession for the purpose of giving instruction and criticism and to be compensated outside normal
compensation.
15. Corps de Ballet I – A performer who has not previously been employed for twenty (20) weeks as an
AGMA Dancer prior to signing the Artist’s Contract for Employment. Dancing as an Apprentice shall
not count towards this twenty (20) week period. A Corps de Ballet I shall remain at Corps de Ballet I
level of compensation for the duration of his/her initial contract.
16. Nutcracker Pro Rata - For additional performances of The Nutcracker on tour and in the City of Origin
it is agreed that the ARTISTS will receive a per performance pro rata of one-seventh (1/7) of weekly
compensation.
17. Overtime Rate (OT) – Shall be calculated as follows:
Weekly salary of individual ARTIST 30 hours
Time-and-a-half OT will be paid should ARTIST work over 40 hours per week.
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18. Penalty Rate - Shall be calculated as follows:
Weekly salary of individual ARTIST 30 hours
19. Performance - An appearance which counts as three (3) hours and includes all of the following
elements:
(A) All performing ARTISTS shall appear in full costume and make-up;
(B) All scenery, lighting, props and costumes are utilized;
(C) Full orchestra or performance music utilized;
(D) There is a paying audience;
(E) The program presented is a full performance.
20. Performance Week - A week commencing on Monday and ending on Sunday, during which at least
two (2) performances are given. If a contract begins on any day other than Monday, the ARTIST shall
be paid on a pro rata basis of one sixth (1/6th) of his/her agreed-upon weekly salary for all days
preceding the beginning of the next full week. Two (2) Lec/Dems do not convert a Rehearsal Week to
a Performance Week.
21. Rehearsal Week - The BALLET and AGMA agree that a Rehearsal Week will consist of five (5) days
of rehearsal plus two (2) Free Days. Each rehearsal day shall consist of six (6) hours of rehearsal for
a total of thirty (30) hours per week. The BALLET shall schedule Rehearsal Weeks on a five (5) day
basis between Monday and Sunday except as provided in Article VII (3E). Rehearsal Weeks need not
be consecutive.
22. Rest Time - A span of time in which no ARTIST’s activity such as class, warm-up, photo calls, notes,
costume fittings without compensation or travel may be scheduled. Rest Time includes: Off-span (10
or 13) hours, 4th consecutive work hour, break period after travel, time between matinee and evening
performances, Free Day, half-hour call prior to performance and the time between the end of rehearsal
and beginning of performance.
23. Run-outs - When an ARTIST is required to perform more than seventy-five (75) miles beyond the
point of departure, but is not required to stay overnight, the BALLET shall compensate the ARTIST
with the appropriate meal allowance. BALLET will continue to provide transportation to and from
required services outside the City of Origin, or an equivalent allowance for transportation which shall
be determined in accordance with the Internal Revenue Service’s standard mileage rate for cars,
which includes vans, pickups or panel trucks.
24. Season - BALLET’s season shall be based around the performing and touring calendar of BALLET of
each Fiscal Year (June 1 – May 31).
25. Spill-Over Rehearsals - If a spillover rehearsal is deemed necessary by management and if an Artist
is already called for work during the hour immediately following the spill-over rehearsal then the Artist
will not be compensated at the Overtime Rate. However, if an Artist is not called for the rehearsal
immediately following the Spill-Over then he/she would be compensated at the Overtime Rate.
26. Understudy - Any ARTIST who is required to remain on call and be ready and present during the
performance for which he/she has been assigned to cover.
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Article III:
INDIVIDUAL EMPLOYMENT CONTRACT
1. No ARTIST may take part in any performances or rehearsals or do any work in preparation for a
production without first signing an Artist’s Contract for Employment which shall state the ARTIST’s
rank. All contracts and agreements made by the BALLET with the ARTISTS employed under this
Agreement shall not be inconsistent with the provisions of this Agreement and shall be executed in
triplicate, one copy for the ARTIST, one for the BALLET and one for AGMA. AGMA’s copy shall be
kept confidential by AGMA and available only to 1) the Executive Secretary or other officer having an
equivalent position; or 2) when a dispute arises under the contract, and then only to the extent
required.
2. Exhibit A for ARTISTS, attached hereto is the Artist’s Contract for Employment, approved by AGMA
and to be entered into by the BALLET with each ARTIST, subject to such additions thereto and
modifications thereof appropriately as may be agreeable to the ARTIST and BALLET and to AGMA
but in no event inconsistent with this Agreement and less favorable to such ARTIST. A schedule of
rules and regulations not inconsistent with this Agreement may be attached to the Artist’s Contract for
Employment.
3. ARTISTS shall be employed on a Weekly Basis, Per Performance Basis or on an Annual Employment
Basis on the terms and at not less than the minimum compensation hereinafter set forth. This
provision shall become effective upon the commencement of an Artist’s Contract for Employment
during the term of this Agreement.
The BALLET may engage an ARTIST on a weekly basis for a period of less than the full annual
employment under the following conditions:
(A) as a replacement for a regular Dancer who is unable to perform due to illness or injury;
(B) as an additional Dancer if the production requires a greater number of Dancers than are
available in the regular Company;
(C) the ARTIST and the BALLET mutually agree to a contract for less than the full guaranteed
employment.
4. BALLET agrees that it will continue to employ during the duration of its performances (tour) outside of
Tulsa, Oklahoma no less than the total number of ARTISTS employed at the beginning of such tour,
provided, however, that reduction in such total number may be made due to sickness or injuries but in
the event that the number of ARTISTS falls below 85% of the original total number, the BALLET
agrees to modify the choreography or the number of performances accordingly.
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5. When ARTISTS are engaged on a Weekly or Annual Employment Basis, the Artist’s Contract for
Employment may contain a mutually agreeable option whereby the BALLET may engage the ARTIST
to render his/her services for an additional specified period of employment. This option may be
exercised by the BALLET by delivering a notice in writing to the ARTIST and to AGMA one (1) month
prior to the completion of the initial employment set forth in the Artist’s Contract for Employment. The
BALLET will make best efforts to give a three-month notice to the ARTIST of the possibility of the
option. BALLET otherwise agrees to notify ARTISTS and AGMA in writing of unscheduled layoffs,
performances, or tours that occur within the initial specified period of employment thirty (30) days in
advance of such unscheduled layoffs, performances or tours. When such notice is impossible, the
BALLET agrees to notify ARTISTS and AGMA as soon as practicable.
6. All ARTISTS employed shall be notified of re-engagement, including rank specification, by written
notification, between February 15th and March 15th. The contract offer will be considered to be
withdrawn unless the ARTIST has accepted the BALLET’s offer within three (3) weeks after date of
offer. Said date of offer shall be the date of delivery to ARTIST’S personal mailbox at BALLET facility.
Said date of offer may vary for each ARTIST.
BALLET will be available for individual ARTIST/BALLET discussions during the first week after
contracts have been offered to ARTISTS or the next employment week in the event said week is a layoff
week.
7. Artistic Evaluation shall be conducted by Artistic Director in the presence of a witness and scheduled
for every Artist within the first two rehearsal weeks after the conclusion of Nutcracker. It is further
agreed that this evaluation shall not be regarded as a notice of re-engagement or non-re-engagement.
ARTIST will receive a written summary of the evaluation at its conclusion and all parties present shall
sign the evaluation. The ARTIST shall have the right to make additional, written comments in
response. The BALLET, ARTIST and AGMA agree to honor the confidentiality of the Artistic
Evaluation. A written evaluation may be sent to the ARTIST at the ARTIST’s request, in lieu of a
meeting. ARTIST shall receive such written evaluation by the conclusion of evaluation process. The
BALLET may request that the ARTIST sign such written evaluation and return it to the BALLET within
two weeks of receiving the evaluation. Artistic Director agrees to meet with each of the ARTISTS,
upon their request, within two weeks after receiving their evaluations.
8. ARTISTS shall not have the right to refuse to appear in any dancing role as assigned by the Artistic
Director.
9. AGMA agrees that all ARTISTS have the obligation to fulfill his/her Artist’s Contract for Employment.
AGMA acknowledges that BALLET has the right to pursue all disciplinary avenues available to the
BALLET in instances in which an ARTIST willfully chooses to default on the Artist’s Contract for
Employment. Said discipline shall be for cause. In the event of willful ARTIST default on the Contract
for Employment, AGMA agrees to take prompt action in accordance with its Constitution and By-Laws.
AGMA will provide written notice of the progress within a reasonable time.
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10. TERM OF EMPLOYMENT
The BALLET and AGMA agree that the term “Annual Employment Basis” shall mean an employment
of an ARTIST by the BALLET for not less than thirty-nine (39) weeks in 2012-2013; forty (40) weeks in
2013-2014 and forty (40) weeks in 2014-2015. BALLET has the option to add additional weeks of
employment, within the fifty-two week span in any year, as per Article III Paragraph 5 above.
11. ASSIGNMENT OF ARTIST’S CONTRACT
The BALLET agrees that the Artist’s Contract for Employment between the BALLET and any ARTIST
may not be assigned or transferred to any individual or corporation unless the written consent of
AGMA and the ARTIST concerned shall have been endorsed on the face of the contract. The transfer
of said individual contract without such written consent shall be deemed null and void.
12. NON-RE-ENGAGEMENT
The BALLET will furnish AGMA with a list of those ARTISTS whose contracts expire at the end of the
then current season and whom the BALLET does not plan to re-engage for the following season or
tour. Upon request the BALLET will furnish AGMA with a record of the evaluation of any ARTIST.
Article IV.
ARTISTS’ BENEFITS
1. APPLICATION OF BENEFITS
The BALLET agrees that the provisions of this agreement shall apply to the benefit of all ARTISTS
employed or otherwise engaged by the BALLET, or by an affiliate or subsidiary of the BALLET, directly
or indirectly, or through agents/managers or independent contractors, notwithstanding anything herein
to the contrary.
2. INSURANCE
(A) Medical - The BALLET will pay for 100% of health insurance for twelve (12) consecutive
months for all ARTISTS employed on an Annual Employment contract. The policy coverage
and procedures shall be the same as those established by the BALLET for its regular fulltime
employees and shall include both basic and major medical health benefits.
(B)
(C)
Social Security, Worker’s Compensation and Unemployment - The BALLET agrees that it
will make all contributions required by federal and Oklahoma law to provide workers’
compensation coverage and any other benefits mandated by federal and Oklahoma law for
the ARTISTS and shall disclose to AGMA upon reasonable request evidence of the BALLET’s
compliance with the applicable provisions of law regarding social security, workers’
compensation and unemployment compensation.
Disability - The BALLET will provide and pay for 100% of short term disability insurance
for twelve (12) consecutive months for all ARTISTS employed on an Annual Employment
contract. The policy coverage and procedures shall be the same as those established by the
BALLET for its regular full-time employees and shall include maternity/pregnancy leave and
non work related injuries and illnesses. Such coverage shall be for a period of 26 weeks
which shall be in addition to the paid number of sick days provided for herein.
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3. SICK LEAVE
(A)
(B)
(C)
(D)
The BALLET agrees ARTISTS shall be entitled in each contract year to a maximum of ten
(10) days of sick leave with full pay according to the following formula: each ARTIST will
receive three (3) days sick leave at the beginning of each season and one (1) day at the
completion of each four weeks of work up to the maximum earned of ten (10) days. However,
if an ARTIST provides a written explanation from a doctor for missing work beyond the
amount of sick leave accrued by the ARTIST at that time, the Artistic Director and/or his
designee may, in his/her sole discretion, advance to the ARTIST sick leave that the ARTIST
will otherwise accrue later during the contract year; provided however, that the ARTIST’s total
sick leave shall not exceed the ten (10) days referenced above. There shall be no carryover
of earned sick days from year to year; however, the ARTIST may use up to four (4) days of
sick leave as personal days and must so advise the BALLET. It is agreed that personal days
are to be taken during rehearsal weeks only, and the request for a personal day shall be in
writing as early as possibly, but not later than three (3) days in advance. It is further agreed
that the reason for the personal day is private and need not be part of the request. However,
BALLET reserves the right to deny requested personal days when, in the BALLET’s
discretion, requested leave would interfere with normal operation. Said requests shall not be
unreasonably withheld.
The BALLET may request a certificate of a doctor as to the illness of the ARTIST and an
examination by a doctor designated and paid by the BALLET as a condition precedent to sick
leave pay under sub-paragraph (a), above, unless the ARTIST has advised the BALLET that
he/she is using one of the three personal days referenced in sub-paragraph (a).
The BALLET will provide three (3) paid days after a work related illness or injury (no sick days
will be deducted) should the ARTIST apply for time loss benefits for Workers’ Compensation.
Female ARTISTS may take up to twelve (12) weeks of unpaid leave for pregnancy and/or
childbirth during the term of a contract of employment. If ARTIST is physically capable of
performing her job duties upon the expiration of such leave, as determined by the Artistic
Director, she will be reinstated to her position during the same contract term with no loss of
seniority. During this unpaid leave period, ARTIST’s health insurance will be continued as
though she were continuously performing her job duties. To the extent that BALLET and
any ARTIST are covered by the Family & Medical Leave Act (FMLA), the provisions of the
FMLA will control in the event such provisions provide greater rights to the ARTIST than
those contained in this paragraph.
4. PHYSICAL THERAPY
The BALLET will make every effort to increase access to Physical Therapy for the ARTISTS.
ARTISTS and Management agree to meet on a regular basis to discuss the progress of this.
Article V.
ARTISTS’ COMPENSATION
1. PAYMENT OF SALARIES.
The BALLET agrees that all ARTISTS, except ARTISTS engaged for single performance, shall be paid
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y cash or check not later than noon of the business day on Thursday of the first and last weeks of
each week of employment, each week preceding and following each lay-off and on a bi-weekly basis
for all other employment weeks. ARTISTS who are engaged on a single performance basis shall be
paid by cash or check immediately following the final performance for which they have been engaged.
Any other payments which arise separate and apart from the weekly minimum salaries shall be paid
by the BALLET to the ARTIST no later than two (2) weeks following the submission of time sheets to
the BALLET. Suitable arrangements shall be made so that ARTISTS are paid by direct deposit or
check while on tour.
Non-payment, or partial payment of salaries, when due, shall be deemed a material breach of contract,
giving any ARTIST the right to terminate forthwith his/her contract with the BALLET.
(A)
Minimum Compensation - Rehearsal/Performance Weeks
RANK 7/1/12 7/1/13 7/1/14
2%
Apprentice $390.57 $390.57 $398.38
Corps De Ballet I $566.74 $566.74 $578.07
Corps De Ballet II $652.71 $652.71 $665.76
Demi Soloist $708.95 $708.95 $723.13
Soloist $769.45 $769.45 $784.84
Principal $915.92 $915.92 $934.24
*Total Delegate Fee $30 $30 $30.60
Dance Captain $30 $30 $30.60
(*To be divided among delegates selected by ARTISTS)
Any ARTIST teaching a Master Class will be compensated at a minimum fee of $50.00.
2. EXTRA COMPENSATION
(A) Overtime - All overtime accrued shall be submitted by the ARTIST for payment within the
week after it occurs, or the claim will not be applicable.
(B)
Seniority Minimum - Rehearsal and Performance Weeks - The BALLET agrees to pay to
an ARTIST in the employ of the BALLET for the appropriate period of time as defined
hereafter the following compensation in addition to any minimum compensation provided for in
this agreement:
ARTIST shall receive an additional $5.00 per week for employment year two (2); an additional
$6.00 per week for employment year three (3); an additional $7.00 per week for employment
year four (4) and an additional $8.00 per week for year five (5) and longer; however the
ARTIST’s weekly salary plus seniority shall not exceed the next ARTIST rank less $5.00.
Seniority pay accrues with each year of employment and is added to the minimum weekly
base salary of that ARTIST’S rank.
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For the purpose of determining eligibility of the ARTIST to any of the seniority
compensation provided for above and to have completed a “continuous year” of service as
that term is used above, an ARTIST shall be required to have been employed by the
BALLET for all of the employment provided by the BALLET in any fifty-two (52) week
period in each year of service preceding the effective date of the current Artist’s Contract
for Employment.
(C)
(D)
Pro Rata Days - If an ARTIST renders his/her services to the BALLET during a period
immediately preceding or succeeding a work week covered by the Artist’s Contract for
Employment, ARTIST shall receive, (i) for a rehearsal week, one-fifth (1/5th), or (ii) for a
performance week, one-sixth (1/6th), of the ARTIST’s agreed upon weekly compensation for
each day worked up to and including three (3) days. If an ARTIST works four (4) or more
such days he/she shall receive the ARTIST’s agreed upon weekly compensation.”
Choreographer Contract
In the event an ARTIST composes choreography for use by the BALLET, the terms, fees and
royalties will be negotiated by the BALLET and ARTIST, and AGMA if requested by the
ARTIST.
3. FREE DAYS AND HOLIDAYS
(A) During each five (5) day Rehearsal Week, each ARTIST will receive two (2) consecutive Free
Days as defined herein. During any Rehearsal Week when the BALLET schedules rehearsal
on Saturday, the Free Days will be Sunday and Monday.
(B)
(C)
(D)
Each Performance Week shall have one (1) Free Day in each Monday through Sunday Week,
with the Free Day occurring by not later than the tenth (10th) day following the immediately
preceding Free Day.
ARTISTS may not be required to rehearse and/or perform on the following legal holidays:
New Year’s Day, Martin Luther King Day, Easter Sunday, Memorial Day, Independence Day,
Labor Day, Thanksgiving Day, and Christmas Day.
For tours which are in excess of twenty-one (21) days, the BALLET shall designate the Free
Day on the first business day or a mutually agreeable day immediately following the
Company’s return to the City of Tulsa.
4. LAY-OFFS
(A) If an ARTIST is called upon to perform any service during a lay-off week, ARTIST will be
compensated at Free Day Rate for Hours 0-3 for a minimum of two (2) hours, and at Full Day
Rate for Hours 3 or more on a per day basis for up to three (3) days. If ARTIST is called for
more than three (3) days they will be paid at full weekly compensation.
(B)
The BALLET may lay off ARTISTS in the City of Tulsa without any compensation. The
BALLET agrees that all employment outside the City of Tulsa shall be continuous, and each
ARTIST shall be compensated therefore at his/her regular weekly salary, and that it shall not
lay off an ARTIST in any place other than the City of Tulsa.
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(C)
(D)
(E)
(F)
No lay-offs or return to employment shall occur without thirty (30) day prior written notification
to each ARTIST, unless mutually agreed upon by AGMA and BALLET
When the ARTIST returns to employment following a lay-off period, the BALLET agrees that a
tentative rehearsal schedule will be posted by noon two (2) working days before the beginning
of rehearsal.
If there is a lay-off period of four (4) weeks or more, there shall be a two (2) week rehearsal
period guaranteed when employment resumes if a premiere is being set by the company;
otherwise, a minimum one (1) week rehearsal period will apply.
Management will make best efforts to schedule a layoff week sometime during the season,
pending scheduling issues and priorities.
5. COMPLIMENTARY TICKETS
BALLET will make best efforts to supply each ARTIST with at least one (1) pair of complimentary
tickets for each local series of performances when tickets are available.
Article VI.
WORK SCHEDULE GUIDELINES
1. POSTING OF WORK SCHEDULES
(A) It is understood that all ARTISTS’ work weeks consist of thirty (30) hours. “Work” shall include
rehearsals, costume fittings and/or performances.
(B)
(C)
(D)
A call board shall be provided in each place where rehearsals, costume fittings and/or
performances are regularly scheduled, and all notices concerning work schedules shall be
posted thereon.
As a courtesy to ARTISTS, BALLET agrees to post a complete work schedule by 5:00pm two
(2) working days in advance of the required call time. However, BALLET reserves the right to
change content of rehearsal period without prior notice and without incurring any penalties up
to the end of lunch hour the previous day. Additionally should unexpected absence of any
ARTIST any given day strongly affect the ability to rehearse as scheduled, BALLET may
modify rehearsal period that same day without incurring any penalties.
Complete casting and the dates of corresponding performances will be posted by 5:00pm ten
(10) working days prior to each performance run. In a case where the arrival of guest
choreographer or person responsible for casting a ballet does not allow for a ten (10) day
notification, the complete casting shall be posted no later than two (2) days after arrival of said
person.
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(E)
(F)
(G)
(H)
BALLET reserves the right to change such casting at any time without prior notice. In the
event that changes occur in the casting of “Leading Artist” roles, a program insert or reader
board and/or an announcement shall be made to the audience (unless specifically not
requested by ARTIST).
The ARTIST shall be exonerated for any lateness or missing of rehearsals caused by the
BALLET’s not abiding by the foregoing paragraph (C).
BALLET shall have listed in the program distributed to the audience, or on a reader board in
the main lobby, or have announced to the audience, the names of all ARTISTS.
The BALLET shall use best efforts to notify the ARTISTS by telephone or in person within
one-half (1/2) hour after curtain down on a performance day or Dress Rehearsal day and prior
to 9:00pm on a rehearsal day of any changes in the rehearsal schedule for the following day.
ARTISTS shall be exonerated for any lateness or missing rehearsals unless such notification
shall occur.
Article VII.
PERFORMANCE AND REHEARSAL CONDITIONS
1. The BALLET agrees to make reasonable efforts to obtain the following all performance and rehearsal
conditions:
(A) Prior to the commencement of rehearsals and performances, all stage and rehearsal spaces
must be inspected by the Stage Manager.
(B)
(C)
(D)
(E)
(F)
BALLET will make best efforts to maintain the temperature at 68°F. If the temperature drops
below 65°F (18.3°C) or exceeds 90°F (32.2°C) in the place of rehearsal or performance, the
BALLET will allow for appropriate costume modification and will provide space heaters or
fans, as appropriate, to ensure the health and comfort of the ARTISTS. This guideline shall
also apply to changing room and fitting rooms.
The BALLET agrees to make best efforts to provide additional dressing spaces if current
space is over-crowded or inadequate.
The BALLET agrees to compile a listing of doctors (suitable for treating the types of straininjury
usually sustained by dancers) in each city and town in which the company is scheduled
to perform.
BALLET will make every reasonable effort within its control to assure that crossovers are
sufficiently lighted and uncluttered so as to prevent accidents and facilitate quick crossovers
and on-stage crossovers will be provided when possible.
Rehearsal, dressing room and all performance facilities:
(i) In each theater where the ARTISTS shall perform there shall be a sufficient number
of chairs and mirrors in each dressing room, as well as reasonably accessible toilet
and washing facilities backstage for both men and women.
Page 15 of 43

(ii)
(iii)
(iv)
(v)
(vi)
(vii)
All rehearsal and dressing rooms shall be thoroughly cleaned.
If hot water and shower facilities are not available, body make-up will not be required.
The BALLET agrees to provide piano accompaniment for all classes and scheduled
rehearsals whenever possible.
The BALLET agrees to provide on tour sufficient barres for stage and for every
warm-up.
During half-hour prior to curtain going up, the stage or adjacent space will be free for
use by the ARTISTS when deemed safe by the Stage Manager.
Water will be provided backstage during all rehearsals and performances if
auditorium regulations do not prohibit.
(G)
(H)
(I)
Employer agrees to provide warm-up space including proper floor and barres during all
performances if no additional costs are incurred.
The BALLET shall be responsible for maintenance of rehearsal facilities, including lounge and
bathroom facilities. ARTISTS shall be responsible for personal items (including food) and for
picking up any personal trash or leftovers generated thereby.
Smoking, eating and drinking beverages other than water by ARTIST shall be prohibited in
any space where a class, rehearsal and/or performance is being held.
2. UNSAFE THEATRES
The BALLET agrees that ARTISTS will not be requested or required to rehearse or perform on any
concrete or marble floors.
Article VIII.
REHEARSAL GUIDELINES
1. CONDITIONS AND GENERAL PROVISIONS
(A) The BALLET agrees to make best efforts not to schedule rehearsals which require an ARTIST
to be available for any two (2) rehearsals occurring at the same time.
(B)
Within the first four (4) hours of rehearsal each ARTIST shall receive sixty (60) consecutive
minutes Rest Time. The maximum number of consecutive hours of rehearsal for which an
ARTIST may be called is three (3) hours. If the ARTIST is scheduled to rehearse for a fourth
(4th) consecutive hour, such time shall be paid for at the Penalty Rate in one-quarter (1/4)
hour segments. The ARTIST will not be required to travel to another place of rehearsal nor
will costume fittings be scheduled during the one hour rest period.
(C) ARTISTS must have one and one-half (1-1/2) hours off between rehearsals called at two (2)
different studio or theatre locations if such locations are more than one-half (1/2) mile apart.
(D)
The BALLET agrees to designate performers and understudies by the end of the first
Rehearsal Week of that ballet. ARTISTS understand that casting is subject to change. Each
ARTIST shall be provided with rehearsal time for each new or not previously performed role.
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(E)
A Stage Manager or BALLET representative will be present at all times when the company is
rehearsing in the theater and at all Lecture/Demonstrations. This representative will be
responsible for the floor condition, heating, adequate lighting and for calling breaks and
keeping exact time records with regard to commencement and dismissal of rehearsals. The
BALLET agrees that an official management representative with authority and decision
making power will accompany the ARTISTS on all tours.
(F) All Dress Rehearsals or rehearsals requiring make-up must include a one and one-half (1-1/2)
hour rest interval prior to the on-stage call for a Dress Rehearsal.
2. MINIMUM REHEARSAL ALLOWANCE
(A) At the beginning of any season, the BALLET will guarantee to the ARTIST not less than two
(2) Rehearsal Weeks prior to the beginning of performance, other than charitable benefits. At
the discretion of the individual ARTIST, ARTIST may participate in charity benefits as
requested by the BALLET during times when the ARTIST is not under contract to the
BALLET. If an honorarium is provided for the ARTIST, it shall be paid to the ARTIST.
(B)
Class shall be made available to company members one (1) week prior to the first scheduled
Rehearsal Week of the season.
3. REHEARSALS DURING REHEARSAL WEEKS
(A) During Rehearsal Weeks the ARTIST may be called upon to rehearse not more than thirty
(30) hours per week and not more than six (6) hours in any one (1) day. Any rehearsal may
be called, counted, and compensated for in one-quarter (1/4) hour increments.
(B)
(C)
If the ARTIST shall be required to rehearse more than thirty (30) hours per week or more than
six (6) hours per day during a five-day week, he/she shall be paid the hourly Overtime Rate
for each such additional rehearsal quarter-hour or fraction thereof.
In the event that the ARTIST is called to rehearse at any time during a Free Day as defined in
Article 14(J) of this agreement, the ARTIST shall be compensated at the Free Day Rate with a
2-hour minimum call and payable thereafter in one-quarter (1/4) hour increments.
(D) The ARTIST may not be required to perform any service whatsoever sooner than thirteen (13)
hours following the end of the last service of the previous day. If the ARTIST is required to
perform any service within such thirteen (13) hour period, he/she shall be compensated for
such rehearsal at the appropriate hourly Penalty Rate, paid in one-quarter (1/4) hour
increments. All rehearsal hours during all Rehearsal Weeks shall be scheduled within an
eight (8) hour span. During Rehearsal Weeks, BALLET recognizes and agrees to maintain
current practice as follows: class during Rehearsal Weeks will not begin before 9:30am. All
rehearsals shall end no later than 6:45pm except when later rehearsals are required because
of the participation of children and/or extras, in which case rehearsals shall end no later than
7:30pm.
(E)
The BALLET may schedule one (1) 6-day Rehearsal Week per performance series. The limit
of thirty (30) hours per week and five (5) hours per day shall prevail in all such 6-day weeks.
Page 17 of 43

(F)
Except in cases of emergency, ARTIST shall inform Company Manager by telephone as soon
as possible, but in any event not later than 11:00am, on any day that ARTIST, due to illness,
injury or other unforeseen circumstance, will be unable to attend any rehearsal for which he or
she is called that day.
(G) First work day after a performance run will begin at 11 and end by 6:30.
4. REHEARSALS DURING PERFORMANCE WEEKS
(A) The ARTIST may be called upon to rehearse during each Performance Week without the
payment of additional compensation provided that:
(i) The ARTIST shall not be required to rehearse in excess of two (2) hours on a
performance day unless there is a Dress Rehearsal, when the ARTIST shall not be
required to rehearse in excess of three (3) hours. The BALLET shall schedule Dress
Rehearsals on non-performance days whenever possible.
(ii) On non-performance days during Performance Weeks, the ARTIST may be required
to rehearse not more than five (5) hours per day, i.e., rehearsals during Performance
Week as follows:
A or B
Other non-performance days: 5 hrs 5 hrs
Day preceding opening night: 5 hrs (incl dress) 4 hrs
Opening night: 2 hrs 3 hrs (incl dress)
Subsequent performance days: 2 hrs 2 hrs
In the event that the Free Day cannot be scheduled in a Performance Week in the
City of Tulsa, the BALLET will make best efforts to schedule that Free Day in the
preceding work week and, only as necessary, in the following work week.
(iii)
(iv)
The ARTIST shall not be required to rehearse within the two (2) hour period prior to
the commencement of any performance, unless such rehearsal is scheduled under
emergency conditions as herein defined in Article II (8) and further provided that
services for such Emergency Rehearsal shall be compensated at the Emergency
Rehearsal Rate, paid in one-quarter (1/4) hour increments.
For each 55-minute rehearsal the ARTISTS shall be given one 5-minute break
following that rehearsal.
(B)
(C)
The first required service of an ARTIST shall not be sooner than thirteen (13) hours following
the end of the last preceding performance or rehearsal period in the City of Tulsa. On tour,
there shall be a twelve (12) hour interval following the end of the last preceding performance
or rehearsal period and the next required service.
Rehearsal will be permitted on a day in which two (2) performances are given only in case of
emergency, as defined herein; if ARTISTS request a rehearsal, the BALLET, in its discretion,
may grant it; it is agreed that no additional compensation will be paid for rehearsals held at
request of ARTISTS.
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(D)
(E)
(F)
(G)
If the ARTIST shall be required to rehearse at any time during a Free Day, the ARTIST shall
be compensated at the Free Day Rate, paid in one-quarter (1/4) hour increments.
If the ARTIST is at any time required to rehearse during any one of the following times, his/her
compensation for such period shall be as noted hereunder:
(i) Rehearsal within the elapsed ten (10) or thirteen (13) hour period (see Article IV(A.ii)
above) ARTIST shall be compensated at Hourly Penalty Rate in one-quarter (1/4)
hour increments.
(ii) Rehearsal after evening performance ARTIST shall be compensated at Hourly
Penalty Rate in one-quarter (1/4) hour increments.
Any rehearsal may be called, counted, and compensated for in one-quarter (1/4) hour
increments.
Compensation for rehearsals shall commence from the time of the scheduled call for such
rehearsals and conclude at the time of the actual dismissal.
Article IX.
PERFORMANCE GUIDELINES
1. MAXIMUM NUMBER OF PERFORMANCES
The ARTIST may be required to take part in not more than seven (7) performances per week except
Nutcracker, when the maximum may be eight (8) performances. If the ARTIST shall be required to
take part in more than eight (8) performances in any week, he/she shall be paid not less than one-sixth
(1/6th) of his/her agreed-upon weekly compensation for each such additional performance.
No ARTIST shall be required to perform in more than two (2) full performances per day.
2. INTERMISSIONS
(A) The BALLET agrees that there shall be no less than a fifteen (15) minute intermission
between dance pieces and/or acts of dance pieces which require a change of costume and/or
make-up by ARTISTS appearing in both dance pieces or both acts of the same dance piece.
Intermission time shall begin at the time of the final curtain following the end of curtain calls.
(B)
(C)
During an intermission, there shall be a call ten (10) minutes prior to the appearance of the
ARTIST in such second (2nd) and third (3rd) act or ballet advising the ARTISTS that they
shall be required on stage five (5) minutes after such call.
No rehearsals, walk-throughs, stagings or spacing will occur during any intermission unless
requested by an ARTIST and agreed to by BALLET or in an emergency situation.
3. BENEFIT PERFORMANCE
The BALLET and ARTISTS may elect to establish a jointly administered local Dancers’ Fund and
schedule one public performance during each Repertory Season as a benefit and proceeds shall be
contributed to said local Dancers’ Fund for the benefit of ARTISTS in time of need.
Page 19 of 43

4. MATINEE PERFORMANCES
The BALLET agrees that there shall be a minimum period of two and one-half (2½) hours intervening
between the conclusion of any matinee performance and the commencement of the evening
performance during which period the ARTIST may not be required to rehearse, travel and/or perform.
However, there may be a two (2) hour time span between performances during Nutcracker seasons
during which the ARTIST may not be required to rehearse, travel and/or perform.
5. CLOSING TIME OF PERFORMANCE
The BALLET agrees that in the event a performance shall be concluded after 11:30pm or if the
performance exceeds three (3) hours in length from Curtain Time, each ARTIST shall be compensated
at the rate of one-quarter the hourly Overtime Rate for each quarter-hour or fraction thereof during
which the ARTIST is required to perform after 11:30pm or in excess of three (3) hours from seven (7)
minutes past advertised Curtain Time or the beginning of the music of the first dance piece whichever
occurs first. However, if the conclusion of the performance was delayed by circumstances as outlined
in Article XIII(7) or similar circumstances, the BALLET shall not be liable for the compensation outlined
above.
Article X.
TOUR GUIDELINES
1. ABSENCE OF MANAGER
In the absence of the Artistic Director and/or Company Manager on tour, the BALLET will designate an
individual who will be responsible for carrying out the duties to be performed by management.
2. CONDITIONS FOR TOURS OR PERFORMANCES OUTSIDE OF BALLET STUDIOS
(A) Per Diem - If an ARTIST under any type of employment contract is required to travel or be
outside the City of Tulsa at any time during the week which is neither a Rehearsal Week nor a
Performance Week, he/she shall be paid not less than the applicable per diem for each day
(beginning at midnight and ending the following midnight) or part thereof, and BALLET will
provide and pay for hotel accommodations.
Per diem shall be paid when touring (including any run-outs), or on any day in which the
ARTIST is required to be more than seventy-five (75) miles from the point of departure in
Tulsa:
MEAL 7/1/09 7/1/10 7/1/11
Breakfast $10 $10 $10
Lunch $10 $11 $11
Dinner $24 $24 $25
.
Total $44 $45 $46
Page 20 of 43

All ARTISTS, either weekly and/or per performance, shall receive per diem and/or meal
money two (2) business days prior to departure or one (1) day if said monies are paid in cash.
The BALLET shall pay all ARTISTS the appropriate meal money allowance whether or not the
airline or sponsor provides meal service or snacks.
(B)
Hotels - BALLET agrees to provide and pay for hotel rooms, including taxes for all ARTISTS,
on double occupancy basis, except that, at BALLET’s discretion, all Principal Dancers may
each be assigned a single room. It is understood that double occupancy means that if two
(2) unmarried persons are sharing the room two (2) separate beds must be provided. If
appropriate pairing cannot be achieved, BALLET will recognize up to two (2) singles, to
include at least one (1) man and one (1) woman. ARTISTS will be responsible for the
payment of all hotel costs beyond the basic room rate and taxes. BALLET will provide
ARTISTS with hotel information upon learning or scheduling same. If an ARTIST has family
in or near the city where the Company is staying, the ARTIST may stay with family and shall
(1) notify BALLET of an address and phone number where ARTIST can be reached, and
(2) appear on time at all bus calls and other Company events..
3. BUS TRAVEL, CONDITIONS OF
(A) ARTISTS required to travel more than ten (10) hours in one (1) day shall be compensated
at the Overtime Rate in one-quarter (1/4) hour segments. ARTISTS required to rehearse
or perform after the 8th hour of required service on a travel day shall be compensated at
the Overtime Rate. Travel will be counted from baggage call to arrival location, such time
to include lunch stops and rest stops. Baggage call may be prior to 8:00am without
penalty.
(B)
(C)
(D)
(E)
Between arrival and the next scheduled rehearsal there shall be a full three (3) hour rest
period, however, in the last ninety (90) minutes class may take place. If the BALLET violates
the provisions in this paragraph, the BALLET agrees to compensate each ARTIST at the
hourly Penalty Rate for each hour or fraction thereof for each such violation. When traveling
from the city of Tulsa, the ninety (90) minutes shall not apply when the distance traveled is
seventy-five (75) miles or less, or if the time traveled is one and one-half (1-1/2) hours or less.
The BALLET will attempt to confirm that the carrier company carries liability insurance of a
minimum of One Hundred Thousand ($100,000.00) Dollars for each ARTIST engaging in
travel. Proof of such insurance will be posted on the company bulletin board two (2) weeks
prior to the commencement of any travel by bus.
The BALLET agrees that transportation by bus shall be by first-class bus, with heating and
ventilating facilities in working order and with a clean toilet facility when trip is scheduled to
exceed one (1) hour. In the event that the bus used to commence a tour requires
replacement because of an emergency, such replacement bus shall meet the same standards
as to seating capacity, luggage facilities, ventilation and heating facilities as in the initial bus.
The BALLET agrees that where an ARTIST is required to travel by means of bus, the ARTIST
will have a lunch stop of one (1) hour after approximately four (4) hours of travel and a rest
stop of twenty (20) minutes after each period of approximately two (2) hours of travel. The
ARTISTS may elect to waive any or all of these stops.
Page 21 of 43

(F)
(G)
The BALLET shall provide at least one (1) non-smoking bus. If the BALLET chooses to use
only one (1) bus, that bus shall be non-smoking.
Should the ARTISTS not receive a full hour lunch stop, ARTISTS shall be compensated at
the Overtime Rate unless the ARTISTS have waived the lunch stop or portion thereof.
4. PLANE TRAVEL, CONDITIONS OF
(A) In the event the BALLET chooses to transport the ARTISTS by airplane, it shall be upon
regularly scheduled airlines which are FAA and IATA approved.
(B)
(C)
(D)
(E)
(F)
(G)
The BALLET agrees to obtain insurance on the life of each ARTIST in the amount of at least
Fifty Thousand ($50,000.00) Dollars provided that such insurance is available at no cost to the
BALLET through American Express or other credit card used by the BALLET. In such event
the BALLET will provide beneficiary cards at the beginning of each season.
Air travel shall be timed from the time of baggage call until arrival at destination hotel.
Baggage call may be prior to 8:00am without penalty.
Should departure by airplane be delayed due to any conditions, adequate accommodations
shall be provided for all ARTISTS including hotel rooms between 12:01am and 8:00am in
convenient nearby hotel(s) where the entire company can be assembled for the flight
simultaneously.
When a flight is chartered by the BALLET, the make-up kits and practice clothes will,
whenever possible, be carried on the same plane as the ARTISTS. Scenery and other
equipment will not be carried in the passenger section of the plane if it is of a nature and size
that will cause discomfort to or endanger the ARTISTS.
Between arrival and the next scheduled rehearsal there shall be a full three (3) hours rest
period, however, in the last ninety (90) minutes class may take place. The time off will be
counted from the time of arrival at hotel. If the ARTIST is called upon to perform any services
for the BALLET during the established rest period following flight, the ARTIST shall be paid at
one-quarter (1/4) the hourly Penalty rate for each quarter (1/4) or part thereof that the rest
period is violated.
ARTISTS required to travel more than ten (10) hours in one (1) day shall be compensated at
the Overtime Rate in quarter (1/4) hour segments. ARTISTS required to rehearse or perform
any service after the eighth (8th) hour of required service on a travel day shall be
compensated at the Overtime Rate.
5. SAFEKEEPING OF VALUABLES
The BALLET shall provide a locked box to be kept by a responsible staff member of the company for
storing the ARTISTS’ money and other valuables during all performances and Dress Rehearsals. The
BALLET will not, however, assume liability for items placed in the locked box for safekeeping, and
ARTISTS shall be responsible for retrieving money and other valuables.
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6. SPECIAL TOUR PROVISIONS
Except for provisions as provided in Article X, BALLET and AGMA will enter into negotiations on a
case-by-case basis for each tour no less than thirty (30) days prior to effective date(s) of said
tour(s), unless BALLET receives an offer of such employment less than thirty (30) days in advance
of the proposed tour, in which case BALLET agrees to notify AGMA as soon as is practicable and
to negotiate the terms and conditions. Said negotiations will include, but not be limited to:
A. tour conditions (travel, theatre, etc)
B. lodging
C. per diem amount
D. scheduling
7. TEACHING DANCERS FOR NUTCRACKER PERFORMANCES ON TOUR
The ARTISTS of Tulsa BALLET Theatre recognize the importance of providing teaching services in
each tour city to allow the children of the community to participate in the performance. The ARTISTS
will provide these services under the following conditions:
(A)
(B)
(C)
(D)
No services will be required on the ARTIST’s Free Day;
Teaching Dancers will not be responsible for the children after teaching or before stage
rehearsals. No “baby sitting” will be required of any Teaching Dancer;
Duties of Teaching Dancers consist of rehearsing children, a stage rehearsal and cueing
children during performances.
All such hours worked shall be counted toward the hours worked in a day and in the week,
and are subject to applicable overtime (OT) rates.
8. TRANSPORTATION - GENERAL PROVISIONS
(A) Not later than thirty (30) days preceding the first (1st) day of any tour, the BALLET shall
submit to the AGMA delegates a proposed itinerary including the proposed method of
transportation to be used during the tour. Any changes will be relayed as they occur. A copy
of the tour itinerary will be made available to each ARTIST not later than two (2) weeks prior
to the commencement of the tour. If possible, any additions or changes in the itinerary will be
announced to the Company at least one (1) week in advance of such change or as soon as
feasible if changes occur with short notice. Important tour information will be relayed as soon
as it is known.
(B)
(C)
Whenever any ARTIST shall work for the BALLET outside the City of Tulsa, the BALLET shall
provide and pay for all transportation of ARTIST(S) and ARTIST’s personal baggage to such
point or points outside and return transportation to Tulsa, Oklahoma, such transportation to
include any necessary travel between city, airport terminals and airports.
The BALLET also agrees to pay upon presentation of receipts for all reasonable
transportation charges which may be required of the ARTIST by the BALLET during the
course of a trip, such as taxi fares between terminals, etc. and also transportation expenses
incurred for doctor or emergency due to illness or injury on tour.
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(D)
(E)
(F)
(G)
(H)
(I)
(J)
The BALLET shall provide and pay for the transportation of the ARTIST’s personal baggage
to such outside point or points and return to the City of Origin up to the maximum limit
provided by carriers for travel in the United States. The BALLET agrees that it will assist any
ARTIST in filing a claim with the airline and/or with the insurance carrier in the event that there
is any loss to the ARTIST on account of loss or damage to such baggage (ordinary wear and
tear excepted) while in transit if the ARTIST shall have provided a suitable container. It is
further agreed that the BALLET will maintain and pay for liability insurance at not less than
Fifteen Thousand ($15,000.00) Dollars group coverage at not less than current terms and
conditions.
The BALLET agrees to provide and pay for all transportation to and from the hotel and
place(s) of performance, rehearsal or any other required service as long as such
transportation has been approved by BALLET. Any approved transportation shall be
available to ARTISTS one-half (1/2) hour after Curtain Down Time. In the event there are not
eating accommodations available, the BALLET shall make provision to transport ARTISTS to
and from a restaurant or provide alternate food service.
In the event the BALLET requires the ARTIST to travel on a Free Day, such call will be paid
for at the Free Day Rate for not less than two (2) hours and payable thereafter in one-quarter
(1/4) hour increments.
Whenever transportation is scheduled to commence or to conclude between the hours of
midnight and 8:00am as determined by the city of departure, the ARTIST shall receive
additional compensation at the hourly Penalty Rate for each quarter hour or fraction thereof
traveled. In addition there must be an eight (8) hour rest period for sleeping, after arrival at
destination, prior to any next call. BALLET shall make best efforts not to schedule
transportation between the hours of 12:00am and 9:00am on the morning following an
evening performance.
AGMA agrees that it shall waive the provisions of this sub-paragraph provided that the
BALLET submits to AGMA, two (2) weeks prior to any contemplated travel during the hours
circumscribed in the above paragraph, a schedule of public transportation which proves that
there is no available transport which leaving after 8:00am or arriving before midnight that
would fulfill all the customary conditions of travel by the BALLET.
The BALLET will not be responsible for payment of the overtime travel penalty if the excess
travel time was due to inclement weather, mechanical failure, traffic accidents, or delay in
departure or landing of the aircraft over which the BALLET has no control.
In the event transportation is by rail or boat, the BALLET, the AGMA Delegate(s) and AGMA
will mutually agree upon the terms and conditions of such transportation.
All travel (beginning with the baggage call),rehearsals, and performances during all travel,
rehearsal, and performance days shall be scheduled and shall occur within a 13 hour
span, with the exception of international flights that exceed thirteen (13) hours.
Notwithstanding any other provision in this Agreement, if any service, or combination of
services, exceeds the thirteen (13) hour span, the ARTIST shall be compensated at the
hourly Penalty Rate for each hour, or fraction thereof, in excess of the thirteen (13) hours.
Page 24 of 43

Article XI.
COSTUMES AND MAKEUP
1. COSTUME FITTINGS
(A) BALLET is hereby granted permission to use regular working hours for costume fittings of 45
minutes per costume except during the 4th consecutive hour or during a 5-minute break. An
ARTIST required to attend a costume fitting during a 4th consecutive hour or 5-minute break
shall be compensated at the Penalty Rate in one-quarter (1/4) hour increments.
(B)
(C)
If the ARTIST is called for costume fittings on the ARTIST’s Free Day, ARTIST shall be paid
at the Free Day Rate in one-quarter (1/4) hour increments.
No costume fitting shall be permitted on a two (2) performance day, unless the ARTIST is
compensated at the Penalty Rate in one-quarter (1/4) hour increments, except in the case of
an emergency.
2. COSTUMES, WIGS AND MAKE-UP
(A) The BALLET agrees to supply the ARTIST with all costumes, socks, wigs (but not personal
hairpieces), hair coloring, shoes (in accordance with BALLET shoe policy), body make-up,
and any special make-up and accessories for all roles, and all costume accessories
(excluding personal earrings) prior to performances and rehearsals where required.
(B)
(C)
(D)
The BALLET will provide tights as needed for performances only. Per season all female
ARTISTS shall be provided with one (1) set of dance trunks and all male ARTISTS with one
(1) dance belt. No female dancer will be required to wear any pink performance tights other
than her own.
ARTIST’s make-up while on tour will be handled and picked up according to BALLET policy.
ARTIST is responsible for having costume on appropriate hanger and a costume person will
collect each ARTIST’s costumes after the performance and return the costumes to be packed
and stored. ARTISTS shall not be required to distribute or pack their own costumes at any
time.
The BALLET agrees ARTIST’s costumes will be clean at the beginning of each season and
cleaned within a reasonable time thereafter. The BALLET agrees to launder all washable
performance items excluding trunks and dance belts after each performance. The BALLET
agrees to have a T-shirt available for all male ARTISTS to wear under costumes upon
request. ARTISTS will never be required to wear unlaundered tights and washable
performance items of another ARTIST under any circumstances. Washable attached trunks
of costume shall be laundered/hand-washed after each wearing when costume is shared.
Dry-cleanable costumes shall be spot-cleaned in the groin/crotch and arm-pit areas after each
wearing when costume is shared.
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(E)
(F)
(G)
The BALLET shall supply each ARTIST with costume and hair-pieces (but not individual
hairpieces), wigs, beards, and/or costume jewelry (excluding personal earrings) that is
required by the BALLET to be worn by the ARTIST in any dance piece as well as socks
necessitated by the costumes, which are to be distributed no later than one-half (1/2) hour
prior to the performance and Dress Rehearsal.
Character skirts and practice tutus will be provided by the BALLET for rehearsals as needed
by the ARTIST. When actual costume is not available, BALLET will provide comparable attire
when requested by the ARTIST if in stock and available.
There may be more than one (1) studio rehearsal in costumes per day. ARTISTS shall have
sufficient time between appearances in different works to prepare adequately for the next
dance piece and such time shall not infringe upon break or rest time.
Page 26 of 43

Article XII.
PUBLICITY
While ARTISTS are under contract all publicity is controlled solely by the BALLET. ARTISTS shall cooperate
by providing publicity information to the BALLET. ARTISTS shall not communicate with the media about work
related subject matter without coordinating with the BALLET.
1. FILMING, BROADCASTING, TELEVISION, ETC.
Except as provided herein the BALLET shall not videotape, film, broadcast, record or televise,
including marketing of video cassettes and/or in-theater closed circuit television, any performances,
rehearsals, concerts or engagements in which the ARTIST appears by wire, wireless, radio, telephone
wireless process or any motion picture, recording, mechanical, electrical or telephone device now in
use or hereafter developed or any combination of such devises; AGMA, however shall consider the
request of the BALLET for a waiver of the foregoing provision, and the granting of such waiver shall
not be unreasonably withheld. BALLET agrees to notify ARTIST as soon as such waiver is granted by
AGMA. Any and all films/videotapes made under this paragraph may not be used for commercial
purposes, theatrical exhibition or any purpose other than specifically provided for herein, unless a
waiver allowing such use is granted by AGMA, and in the event BALLET violates this provision, the
ARTIST shall be compensated at no less than the applicable SAG/AFTRA rates and conditions.
Nothing herein shall operate to relieve the BALLET of ultimate responsibility for the safe keeping of the
tapes or films and for the proper use thereof as provided in this Agreement except as provided for in
(A.iv) below.
The foregoing notwithstanding, AGMA agrees:
(A)
(B)
The BALLET may make archival/study films under the following conditions:
(i) BALLET will make best efforts to give at least twenty-four (24) hours’ advance written
notice to the ARTISTS prior to actual filming/taping of in-studio rehearsals.
(ii) When recording is done during a rehearsal or performance, no additional
compensation will be paid to the ARTISTS except when overtime or other penalties
are otherwise payable under other provisions of this Agreement.
(iii) Study films may be used exclusively for the purpose of recreating, restaging,
restudying and recording choreography, and are to be used strictly as a record by the
BALLET and the choreographer or his/her authorized stager only. ARTISTS’
requests to review archival tapes shall not be unreasonably denied.
(iv) BALLET shall make available to ARTIST, through a check-in/out library system,
copies of performance and rehearsal videotapes. ARTIST shall use these
videotapes for private study and rehearsal purposes only. ARTIST shall not make
any copies of said tapes nor cause nor allow copies of said tapes to be made.
ARTIST shall not remove videotapes from the BALLET premises. ARTIST shall
indemnify and hold BALLET harmless for all damages caused by the ARTIST which
BALLET may incur for any unauthorized use by the ARTIST of said videotape while,
or as a result of, said tape is or has been in the possession of ARTIST.
The BALLET may cause or allow a television news crew to film or tape a portion of a
rehearsal or a performance for television news release under the following conditions:
Page 27 of 43

(i)
(ii)
(iii)
BALLET will make best efforts to give at least twenty-four (24) hours’ advance written
notice to the ARTISTS prior to actual filming/taping.
News media video tapes may be created and broadcast on news programs, including
magazine-type and entertainment programs, news documentaries and the like,
provided that the total airtime does not exceed fifteen (15) minutes and no ballet is
broadcast in its entirety. The BALLET may request and AGMA will not unreasonably
withhold or deny, a waiver of the foregoing provisions for specific projects. BALLET
may use copies of such videotapes for promotional purposes.
Except when overtime or other penalties are otherwise payable under other
provisions of this Agreement, no additional compensation for the ARTISTS shall be
required.
(C)
(D)
The BALLET may create, distribute, play and broadcast or allow the creation, distribution,
playing and/or broadcast of videotapes promoting the BALLET and the BALLET’s
performances under the following conditions:
(i) The BALLET will make best efforts to give at least twenty-four (24) hours’ advance
written notice to the ARTISTS prior to actual filming/taping.
(ii) Videotaping for promotional tapes may take place during a regular rehearsal,
performance or a call specifically for the purposes of such taping. All time involved in
such taping shall be considered “called time” and the provisions of this Agreement
relative to rehearsal/performance conditions, hours available and rest breaks shall
apply.
(iii) Promotional videotapes may be distributed, played and broadcast without restriction
providing the total airtime for any one ARTIST does not exceed one hundred twenty
(120) seconds and no ballet is shown in its entirety. The BALLET may request and
AGMA will not unreasonably withhold or deny a waiver of the foregoing provision for
specific projects.
(iv) Except when overtime or other penalties are otherwise payable under other
provisions of this Agreement, no additional compensation for the ARTISTS shall be
required.
The BALLET may transmit, or allow to be transmitted, the performance in real time via
closed circuit television only to various locations in the theater where the performance is
occurring for purposes such as allowing “latecomers” to view the performance until they
can be seated and for cueing.
2. PHOTOGRAPHY
(A) No photo calls shall be permitted on a two (2) performance day.
(B)
The BALLET agrees that if a formal photographic session has been scheduled and it requires
any ARTIST to pose for photographs of regular dance pieces for the purpose of publicizing
and advertising performances of the BALLET, BALLET shall make best efforts to give ARTIST
at least twenty-four (24) hours notice of such session and such photograph and/or waiting
time shall occur only during regular work hours.
Page 28 of 43

(C)
(D)
(E)
(F)
(G)
(H)
(I)
(J)
If the ARTIST is required to pose for photographs on the ARTIST’s Free Day, such call will be
for not less than two (2) hours and ARTIST shall be paid at the Free Day Rate in one-quarter
(1/4) hour increments.
Individual head shots used in souvenir booklets shall be mutually acceptable to the ARTIST
and the BALLET. ARTISTS’ names shall appear along with all solo and duo photos on
BALLET brochures and publicity materials.
ARTISTS shall be given a reasonable opportunity to review the proposed photos, but final
decision for use of the photos rests with the BALLET. If ARTISTS fail to show up to review
photographs, BALLET may use photographs without review by the ARTIST.
Photographs or other reproducible likenesses of ARTISTS paid for by the BALLET may be
used on promotional items offered for sale to the public which promote the name of the
BALLET, the name of the ARTIST or the art form of dance. Such items or likenesses may not
be licensed to third parties without written consent of ARTISTS.
ARTISTS shall be listed by rank in every playbill. Biographical sketches will accompany each
ARTIST performing principal roles.
It is agreed that photographing, including waiting time, make-up time and travel incidental
thereto, will be counted as rehearsal time and occur only during normal work hours.
Unless ARTISTS are notified, under no circumstances will photographers approved by the
BALLET be permitted on stage, in the wings or any corridors leading to the stage. This
prohibition shall apply in all theaters where the ARTISTS perform.
The BALLET agrees to enter into an agreement referred to as Exhibit C with photographers
regarding the taking of photographs of ARTISTS with the intent of protecting the rights of the
BALLET and the ARTISTS.
Page 29 of 43

Article XIII.
AGREEMENT PROVISIONS
1. ARBITRATION OF ARTISTS’ AGREEMENT
Every contract entered into between the BALLET and any ARTIST during the term of this Agreement
shall be deemed to contain the following provision:
“In the event that a dispute arises during the term of this Agreement regarding the
interpretation or enforcement of any sections of this Agreement, including the
arbitrability of any issue arising hereunder, either party may file a written grievance
within fourteen (14) calendar days after the date on which the aggrieved party may be
reasonably presumed to have knowledge or notice of the event or occurrence giving
rise to the dispute. A grievance by the Union or a member of the Union must be
addressed in writing to the BALLET’s Company Manager or appropriate
management representative(s). Within fourteen (14) calendar days of the filing of the
grievance, the Company Manager and/or appropriate management representative(s)
shall meet with the designated union representative(s) or local dancers’ committee, in
an attempt to resolve the grievance. Within fourteen (14) calendar days after the
grievance meeting, the responding party will deliver to the grieving party its written
response to the meeting. If the dispute is not resolved by said written response,
either party may give written notification no later than thirty (30) calendar days
thereafter of its intent to arbitrate before an impartial arbitrator selected under the
rules and procedures of the American Arbitration Association (“AAA”). An arbitration
shall be held under the Voluntary Rules of Labor Arbitration of the AAA on a date
agreed to by the parties at a mutually acceptable location. The sole function of the
arbitrator shall be to interpret the express provisions of this Agreement and apply
them to the facts of the dispute or grievance. The arbitrator shall have no power to
change, amend, modify add to or otherwise alter this Agreement. The time limitations
expressed in this procedure shall be strictly enforced. The fees of the arbitrator shall
be shared equally by the parties. Notwithstanding the previous sentence, if the
arbitrator finds, after notice to the parties, that the demand for arbitration or a party’s
position in the arbitration is either not well grounded in fact, or not warranted by
existing law or by a good faith argument for the extension, modification or reversal of
existing law, or interposed for any improper purpose such as to harass or to cause
unnecessary delay or expense, then the arbitrator may, as a sanction, require that
party to pay all or part of the other party’s cost of the arbitration, including a
reasonable attorney’s fee.”
2. ARBITRATION OF THE BASIC AGREEMENT
Any controversy or claim arising out of or relating to this contract or breach or interpretation thereof,
including the arbitrability of any issue arising hereunder, shall be settled exclusively by the grievance
and arbitration procedure set forth in the quoted portions of Article XIII(1), above. All arbitrations
between the BALLET and any ARTIST and/or between the BALLET and AGMA shall take place in
Tulsa, Oklahoma.
Page 30 of 43

3. ARTICLE HEADINGS
Article headings are inserted in this Agreement for convenience only and are not to be used for
interpreting this Agreement.
4. CONTRIBUTIONS TO BALLET PROHIBITED
(A) No officer, director, employee or agent/manager of the BALLET and no person who occupies
the relationship of independent contractor to the BALLET shall act as manager, agent or
personal representative of any member of AGMA or receive, directly or indirectly, any
compensation or remuneration of any kind or nature whatsoever from any member of AGMA.
The BALLET shall be responsible for enforcing compliance with the preceding sentence.
Within ten (10) days after notice is given by AGMA to the BALLET of any violation of this
paragraph, the BALLET shall correct such violation. If the BALLET shall fail to correct such
violation within such time, then the BALLET shall be deemed to have committed a material
and substantial breach of this contract.
(B)
The BALLET agrees that no AGMA member, in order to acquire or continue employment by
the BALLET or as a condition of acquiring such employment or any preferment in such
employment, will be required to make any payments or contributions of any kind or nature
whatsoever, or to have such payments or contributions made by any person firm or
corporation, to or for the benefit of the BALLET or anyone else, and the BALLET agrees that it
will not accept or receive any such payments or contributions.
5. DISCRIMINATION FORBIDDEN
All terms and conditions of employment included in this Agreement shall be administered and applied
without regard to race, sex, sexual preference, creed, disability and/or national origin except where
bona fide occupational qualifications may, as recognized by the law of the jurisdiction, be shown to
exist. The BALLET shall not unlawfully discriminate against any ARTIST because of his/her activities
on behalf of AGMA.
6. DRUG FREE WORKPLACE
ARTISTS understand and agree that BALLET prohibits from the workplace the unlawful manufacture,
distribution, dispensation, possession or use of a controlled substance or being under the influence
thereof while at the workplace. A violation of this policy will be grounds for immediate termination of
employment and shall be considered a material breach of the Artist’s Contract for Employment.
7. FORCE MAJEURE
This Agreement and every contract entered into between the BALLET and any ARTIST shall be
deemed to contain the following provisions:
“It is agreed that if by reason of fire, accident, strike or collective refusal to work by
members of any union employed by the BALLET, riot, Act of God, epidemic, war, the
public enemy, or for any other cause of the same general class, the BALLET is
unable to conduct, or shall find itself compelled to cancel its scheduled rehearsals or
performances of any of them (the foregoing being referred to as a “condition of force
majeure”), the BALLET may notify the ARTIST thereof, in writing, and thereafter the
ARTIST (whether engaged on a Weekly or Per Performance Basis) shall not be
entitled to compensation during the period of said condition of force majeure. Should
Page 31 of 43

such a condition of force majeure continue for a period of ten (10) days or more after
such notice to the ARTIST, either party may during said period of continuance
terminate this contract. The foregoing shall apply to any CONTRACT, whether or not
ARTIST’s services thereunder have commenced at the time of the condition of force
majeure. In the event of such termination, the BALLET will pay for all services
rendered prior to the aforesaid condition of force majeure food and lodging prior to
return to Tulsa and transportation back to the City of Tulsa.”
8. GOVERNING LAW
It is the intention of the parties that the validity, construction, performance, and application of this
Agreement shall be governed exclusively by the laws of the state of Oklahoma, excluding that state’s
conflict of laws provisions, except where federal law preempts.
9. HARMONIOUS WORKPLACE
BALLET and AGMA acknowledge that artistic endeavors may involve stressful conditions, and
BALLET and ARTISTS agree to endeavor to promote mutual respect, a positive atmosphere, and
harmonious working relationships. BALLET and AGMA will expressly maintain the position that no
one shall be subjected to insult or humiliating language, trespass or abusive conduct. It is further
acknowledged that injuries or other problems may result when individuals are required to rehearse,
perform or work after that individual has been subjected to personal affront, racial or ethnic slur, or any
trespass to person or property.
Therefore, in the event that an individual believes he/she has been affected by such affront, slur, or
trespass during or immediately prior to a rehearsal, that person affected shall immediately break for
fifteen (15) minutes and make a written report of the incident, which report shall be submitted to
BALLET and an AGMA representative promptly. In the event such affront, slur or trespass occurs
during a performance, the break and written report shall not occur until immediately after the final
curtain.
Such allegations of abuse, including written statements, shall be brought to the attention of BALLET
and AGMA promptly and may be discussed and resolution attempted by AGMA and BALLET. Such
discussions and attempts at resolution neither supplant nor constitute remedies which must be
exhausted by either BALLET or AGMA prior to any arbitration or other procedures based upon such
events, but comprise permissive informal dispute settlement procedures which may be undertaken
with the consent of both AGMA and BALLET.
10. LOCKOUTS AND STRIKES
During the term of this Agreement there shall be no lockouts and no strikes.
11. LOWERING OF MINIMUMS AND WAIVERS PROHIBITED
The BALLET agrees that the minimum terms and conditions governing the employment of ARTISTS
by the BALLET are those contained herein, and the BALLET further agrees that it will not enter into
any contract with or employ any ARTIST upon terms and conditions less favorable to the ARTIST
than those set forth herein. The BALLET agrees that no waiver by an ARTIST of any provision of this
Agreement or any contract between any ARTIST and the BALLET shall be requested by the BALLET
or be effective unless the written consent of AGMA to the making of such request or such waiver is
first had and obtained. The BALLET and AGMA further agree that nothing in this Agreement shall be
deemed to prevent any ARTIST from negotiating for or obtaining better terms than the minimum
Page 32 of 43

terms provided for herein.
12. NO WAIVER OF RIGHTS
Failure of AGMA, the ARTIST, or the BALLET to insist upon the strict enforcement of any of the
provisions of this Agreement shall not be deemed a waiver of any rights or remedies that that party
may have and shall not be deemed a waiver of any subsequent breach or default on the part of the
BALLET, the ARTIST, or AGMA.
13. SEGREGATION
No ARTIST will be required to appear in any theatre or place of performance where discrimination is
practiced because of race, color, creed, sexual preference, disability or national origin against any:
(i) ARTIST or (ii) patron, as to admission or seating arrangement.
14. SEPARABILITY
If any provision of this Agreement shall be held invalid, it shall be deemed separable from the
remainder of this Agreement, and it shall not affect the validity of any other provision thereof.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date first above
set forth.
AMERICAN GUILD OF MUSICAL ARTISTS
TULSA BALLET THEATRE
BY: ________________________________ BY: _________________________________
Deborah Allton-Maher
Betty Pirnat
Associate Executive Director
President, Tulsa Ballet Board of Directors
IN THE PRESENCE OF:
_______________________________________
IN THE PRESENCE OF:
________________________________________
Date: _________________________________ Date: _________________________________
Page 33 of 43

EXHIBIT A
ARTIST’S CONTRACT FOR EMPLOYMENT
CONTRACT made this ______ day of ___________, ________, by and between Tulsa Ballet Theatre, a notfor-profit
corporation organized and existing under and by virtue of the laws of Oklahoma hereinafter referred to
as the “BALLET”, and __________________________________, of ___________________________
hereinafter referred to as the “ARTIST”, Rank: _____________________.
WITNESSETH:
WHEREAS, the BALLET is engaged in the production and presentation of dance performances and desires to
secure the professional services of the ARTIST, and the ARTIST desires to render such services to the
BALLET, upon the terms and conditions herein provide; and
WHEREAS, the BALLET has entered into an agreement, dated ____________ (hereinafter referred to as the
“Agreement”) with the American Guild of Musical Artists (hereinafter referred to as “AGMA”).
WHEREAS, ARTIST has consulted with AGMA before and about executing this CONTRACT.
NOW, THEREFORE, the parties do hereby mutually agree as follows:
1. EMPLOYMENT.
(A) COMPENSATION. This Agreement is for ____ weeks of work during the period
_____________ through _____________ and will include up to _______ weeks of lay-off
which shall be without pay.
(B)
In consideration of ARTIST’s services and performances for the contract period, BALLET
agrees to pay ARTIST a weekly salary of $________. Normal and required deductions will be
taken from ARTIST’s pay, in addition to the dues deduction authorized in paragraph 4 below.
This Agreement may be extended on a week-to-week basis at the end of the contract period
by the mutual consent of the ARTIST and the BALLET.
EXCLUSIVE EMPLOYMENT. The ARTIST accepts this employment on the terms herein
provided, and except as provided below the ARTIST agrees to work exclusively for the
BALLET during the period of employment set forth above.
The ARTIST shall have the right to engage in any other employment as he/she may see fit
during any lay-off period when he/she is not working for the BALLET. If the lay-off period is of
definite duration, the ARTIST shall be available on the day after the date set in the notice of
lay-off for the termination of the lay-off period, provided that the BALLET shall not again lay-off
the ARTIST sooner than one week following the last mentioned date.
Whenever ARTIST accepts any engagement outside this contract, ARTIST shall notify
BALLET of the dates and times of such engagement in writing. ARTIST acknowledges that
he/she is not working for the BALLET in connection with such engagement and will not be
covered by the BALLET’s workers’ compensation plan for that engagement.
Page 34 of 43

2. NO WAIVER OR CHANGES ALLOWED.
(A) The BALLET and the ARTIST hereby mutually agree that no riders, changes or alterations of
this contract form shall be made or agreed to by either the BALLET or the ARTIST without the
written consent of AGMA, and the BALLET further agrees that no such rider, change or
alteration be required of or deemed binding upon the ARTIST unless AGMA’s consent has
been certified by the fully authorized officer of AGMA upon the face of such rider, change or
alteration. The BALLET agrees that it shall not request the ARTIST to waive, change or in
any way alter the provisions of this contract unless the written consent of AGMA is obtained
prior to the making of such request of the ARTIST.
(B)
AGMA Rules and BALLET Rules and Regulations which are in force at the time this contract
is entered into or as they may be promulgated or revised from time to time are part hereof.
3. AGMA RULES - ARTIST’S OBLIGATIONS TO AGMA.
(A) All of the provisions of the Agreement between AGMA and the BALLET and all written
modifications thereof and written waivers which may be granted by AGMA thereunder shall be
deemed part of this agreement as though set forth herein in full.
4. DEDUCTION AUTHORIZATION - ARTISTS OBLIGATION TO AGMA.
The actual compensation of the ARTIST shall be set forth herein and there shall be no remissions
rebates. discounts, booking fees commissions or other payments or deductions whatsoever from the
ARTIST's compensation except such taxes or withholdings as are required by statute and deductions
authorized in the Agreement. In addition, the Artist may assign to AGMA from any compensation to be
earned in connection with this contract, such amounts for dues, initiation fees and assessments
certified by AGMA as due and may authorize and direct the deduction of such amounts from the
ARTIST's compensation, and the remission of the same to AGMA, by submitting a signed
authorization satisfactory to AGMA and to the Ballet. A copy of such Authorization that is acceptable to
the Ballet and approved by AGMA is attached herein as Exhibit F. Such authorization remains in effect
unless it is revoked by the ARTIST. It is understood that the ARTIST has the right to revoke such
authorization at any time by giving thirty (30) day advance written notice to the BALLET and to AGMA.
Such revocation shall become effective the first day of the calendar month following its receipt by
AGMA and the BALLET.
5. LAWS GOVERNING.
It is the intention of the parties that the validity, construction, performance and application of this
agreement shall be governed exclusively by the laws of the state of Oklahoma, without regard to the
choice of law provisions thereof, except where federal law preempts.
6. ARTIST PERFORMANCE.
ARTIST agrees to faithfully perform the duties assigned to ARTIST to the best of his/her ability.
ARTIST agrees to maintain proper physical and technical condition to the artistic standards set forth by
Artistic Management throughout the compensation period of the Agreement. ARTIST is also expected
upon joining the BALLET or when returning from Layoff to be in proper physical and technical
condition.
Page 35 of 43

7. ROLES.
ARTIST is expected to perform in roles and choreography as directed by Artistic Director and any
variation in roles and choreography must be approved by Artistic Director. Nothing herein shall be
construed to guarantee ARTIST a right to any part in any performance and ARTIST shall perform any
ballet role assigned by Artistic Director regardless of position or tenure in the Company.
8. GUEST ENGAGEMENTS.
An ARTIST may appear as a guest with another arts organization during the contract period only by (i)
entering into a release agreement with the BALLET, (ii) notifying BALLET in writing of time and place
of engagement; and (iii) signing a workers’ compensation acknowledgement on a form supplied by the
BALLET.
9. BINDING AGREEMENT.
This Agreement is binding on ARTIST and BALLET. Except as otherwise provided herein and in the
BASIC AGREEMENT, the employment of the ARTIST shall be non-cancelable, and the compensation
shall be “PAY OR PLAY” both as to performance and rehearsal weeks.
10. PARTIAL PAYMENT.
The acceptance by the ARTIST of cash, checks or other forms of payments, or the deposit or the
retention by the ARTIST of cash, checks or other forms of payment, with or without notations on such
checks that the same is in full payment or the like, shall in no way affect the right of the ARTIST or of
AGMA to insist upon full payment under this Agreement, provided that the BALLET shall not under any
circumstances be required to make greater payments to the ARTIST than are called for by this
Agreement.
11. ARBITRATION.
The EMPLOYER and the ARTIST hereby jointly and severally agree that any controversy or claims
arising out of or relating to this contract or the breach thereof, shall be settled by Arbitration in
accordance with the provisions of the Agreement and the rules then obtaining of the American
Arbitration Association (except as may otherwise be provided in AGMA rules), and judgment upon the
award rendered may be entered in the highest Court of the Forum, State or Federal, having jurisdiction
over the subject matter and the parties.
IN WITNESS WHEREOF we have executed this Agreement as of the date first above set forth.
TULSA BALLET
ARTIST
By: _______________________________
Artistic Director
___________________________________
___________________________________
Street Address
___________________________________
City, State, Zip - Country
Social Security #: ______-____-_________
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EXHIBIT B
SAFETY WITH SWORDS AND/OR PROPS AS WEAPONS
For the purposes of this Agreement all props used as weapons, including but not limited to swords,
sharp implements, knives, poles or any other like instrument, shall be referred to herein as weapons.
The BALLET agrees that whenever a production requires the use of weapons, the following
regulations shall apply.
1. The BALLET shall engage an Expert (see subparagraph 9) who shall be thoroughly familiar with the
proper use and maintenance of the weapons required in the production. The Expert will be engaged
during the rehearsal process to work with the ARTIST(s) and Understudies in collaboration with the
Choreographer or Stager. Instruction in the proper and safe use of the weapons shall be a
prerequisite prior to the issuance of any weapon to any ARTIST for any rehearsal or performance.
Where a question of safety exists in the opinion of the Expert, the Choreographer or Stager may not
overrule the Expert’s judgment.
2. No ARTIST shall be required or permitted to handle any weapon in either rehearsal or performance
until the ARTIST feels confident that he/she has received adequate instructions.
3. All weapons shall be in the possession of the assigned BALLET representative when not actually in
use during rehearsal or performance.
4. It is agreed that at the commencement of each rehearsal involving weapons, performance tempos
shall be modified to facilitate a proper warm-up and orientation prior to rehearsing at a performancelevel
tempo.
5. All weapons will be thoroughly inspected, cleaned and inventoried by the assigned BALLET
representative at the end of each rehearsal and performance.
6. At the conclusion of the weapon scene all weapons shall be returned to the assigned BALLET
representative and stored for safe-keeping.
7. The Expert will be present for a least one on-stage technical rehearsal to observe and to supervise the
actual staging of the fight sequence.
8. In the event that the performance parameters change (by way of example without limitation: where a
smaller stage diminishes individual ARTISTS’ parameters of safety necessitating fewer ARTISTS,
fewer weapons, or revised choreography), the Expert will supervise restaging. Such restaging may be
devised in advance in anticipation of a change in performance parameters (by way of example without
limitation: in preparation for performances on smaller stages during tours).
9. The Expert must hold current certification from the Society of American Fight Directors, or must be
mutually deemed acceptable by both AGMA and the BALLET.
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EXHIBIT C
PHOTOGRAPHER AGREEMENT
AGREEMENT between the ___________________________________________ located at
__________________________________________, hereinafter called the Company and
__________________________________________, hereinafter called the PHOTOGRAPHER, dated this
_____ day of __________, ____________.
Whereby it is mutually agreed that the Company will admit the PHOTOGRAPHER to the premises of
the ____________________ Theatre under the following conditions:
1. The PHOTOGRAPHER agrees that any photographs taken in the ____________________ Theatre
will be used only for purposes of the Company’s publicity, in newspaper, souvenir books, house programs or
other publicity uses designated by the Company.
2. The Company agrees to compensate the PHOTOGRAPHER for any photographs ordered or used by
the Company at a rate to be mutually agreed upon.
3. This agreement relates only the Company’s publicity uses and no rights for any commercial use of any
photograph taken in the ____________________ Theatre are granted herein to the PHOTOGRAPHER. For
the purposes of this paragraph, the sale of a photograph of said dancer to that dancer shall not constitute
commercial use.
below:
IN WITNESS WHEREOF the Company and the PHOTOGRAPHER have affixed their signatures
______________________________
PHOTOGRAPHER
______________________________
COMPANY
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EXHIBIT D
TULSA BALLET SHOE POLICY
BALLET shall provide each ARTIST with ballet and/or pointe shoes for each season. One week prior to the first
week of employment, the ARTIST shall have available one (1) pair of pointe shoes, one (1) pair slippers and
additional pairs of pointe shoes and slippers as needed thereafter.
Female dancers who are returning for the following season may take up to four (4) pairs of pointe shoes and
male dancers who are returning for the following season may take up to two pairs of ballet shoes to use over
the summer. These shoes will be part of the individual dancer’s yearly allotment.
At the end of each season ARTIST must balance shoe allotment with Shoe Manager. If an ARTIST has shoes
left at the end of the season the ARTIST’s shoes must be turned in and these shoes will be counted into his or
her allotment for the following season (after the summer allotment has been given). If ARTIST orders shoes
without the Shoe Manager’s permission or uses up her allotment and needs additional shoes, ARTIST will be
required to pay for the shoes.
ARTIST, upon signing an Artist’s Contract for Employment, agrees to submit to BALLET in writing his/her
requirement for ballet shoes, including size, brand and any special orders, and BALLET agrees to place a
requested order. Once ARTIST has arrived for the season (up to three weeks before the official starting date
for the season), new shoes ordered for that season must be examined with Shoe Manager within one week of
ARTIST’s arrival to ensure proper fit and design of shoes. Should shoes not fit properly due to manufacturer
defect or mistake BALLET will make best effort to return the shoes to manufacturer and replace shoes with
correct size and fit. If shoes are as ordered but ARTIST wishes to change the type, brand or size of
ARTIST’s shoes, ARTIST may do so providing all shoes from previous orders are used before any new
shoes are ordered and new shoe specifications have been given to BALLET in writing.
All character shoes and boots shall be properly repaired and reasonably fitted before any use, and ARTIST
shall be expected to go to fittings for that purpose. With best efforts, all character shoes shall be available to
the ARTISTS not later than forty-eight (48) hours in advance of the first dress rehearsal or forty-eight (48) hours
in advance of the performance if they are a replacement pair of shoes. Shoes for performances will be
distributed as follows:
1. Character shoes, jazz shoes and/or boots in a type and style designated by the choreography
for each ballet performed in the season will be provided to ARTISTS. ARTIST must return such
shoes to Costume Department at the end of the final performance for that series.
2. All performance slippers or pointe shoes that are painted or dyed to match costumes will be
taken from stock. Such shoes will not be charged to ARTISTS allotment and must be returned
to Costume Department at the end of the final performance for that series unless otherwise
instructed by the Costume Department.
Shoes for each season will be distributed to ARTISTS as follows:
WOMEN. The maximum allotment for shoes per season shall be as follows:
Slippers: Six (6) pairs, pink. Apprentices will receive on an as needed basis
Pointe Shoes: Forty (40) pairs, twenty (20) pairs for apprentices
Each female ARTIST will receive twelve (12) pairs of pointe shoes and three (3) pairs of ballet slippers on
the first day of each season. To obtain a new pair of pointe shoes or ballet slippers, please sign your name
on the shoes and give them to the Shoe Manager for a new pair.
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MEN. The maximum allotment for shoes per season shall be as follows:
Slippers: Twelve (12) pairs, black or white. Number of each color to be determined and agreed upon
between Shoe Manager and ARTIST upon time of order.
Each male ARTIST will receive four (4) pairs of ballet slippers at the beginning of the season. As shoes
wear out they may be turned in for a new pair on a one-for-one basis.
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EXHIBIT E
RULES AND GUIDELINES FOR TULSA BALLET ARTISTS
Tulsa Ballet has established the following are rules and regulations that if not adhered to may result in
disciplinary action up to and including termination:
1. PROFESSIONAL RESPONSIBILITY.
ARTIST is required to maintain technical and artistic standards as set forth by the artistic staff.
2. HEALTH/WEIGHT/ PHYSICAL APPEARANCE.
ARTISTS share with BALLET the responsibility for safety. ARTISTS are responsible for ensuring
that their physical condition and technical abilities are maintained in order to minimize safety
hazards.
Hairstyle, the wearing of beards and moustaches are generally left to the discretion of each
ARTIST during the rehearsal weeks. However for performances ARTISTS may be required to
modify hairstyle and facial hair in order to adhere to artistic requirements of a performance.
For all performances ARTIST is required to appropriately cover visible self-disfigurement, markings
or mutilations, such as tattoos, so as to avoid distraction.
3. REHEARSAL/PERFORMANCE ATTENDANCE.
ARTISTS are required to check the callboard at the studio and theatre for rehearsal schedules,
casting, photo calls, costume fittings, etc. Because schedule changes and other information are posted
as they occur, the callboard should be checked more than once a day.
Unless excused by the BALLET, all ARTISTS, regardless of rank or tenure, are expected to attend all
scheduled rehearsals and performances and remain in the studio for the duration of the rehearsal.
ARTISTS shall be in the dressing room or stage area during performances so that in case of an
emergency the ARTIST can be located quickly and be able to perform. Understudies must be
backstage during performance and in the theater observing during rehearsal, prepared for
performance.
ARTISTS should make every effort not to schedule dental, medical and other personal appointments
during regular Company working hours unless specifically excused by BALLET. Except in cases of
emergency, ARTIST shall inform the BALLET’s Company Manager by telephone as soon possible, but
in any event not later than one hour prior to first scheduled activity, on any day that, due to illness,
injury or other unforeseen circumstance, you will be unable to attend any rehearsal, performance or
required service for which you are scheduled that day. Failure to do so will result in loss of pay for
number of days missed. If more than two days in a row are missed without a phone call ARTIST may
receive disciplinary action up to and including termination.
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4. CONDUCT.
All staff and ARTISTS should be treated with professional respect and courtesy at all times. ARTISTS
are required to follow the direction of the Artistic Director and all other staff members associated with
BALLET. Conduct that interferes with operations, discredits or demeans the BALLET or is not
conducive to the operation of a professional dance company will not be tolerated.
5. SUPERVISION AND CASTING.
The Artistic Director and designated persons (Ballet Mistress, Guest Choreographers and Stagers) are
responsible for supervising, directing and casting all ARTISTS. Once casting has been completed
ARTIST must comply with all components of the choreography and costume assignments for each
role performed by individual ARTISTS.
6. CHOREOGRAPHY RIGHTS.
Due to choreographic rights, ARTISTS are prohibited from videotaping or photographing any rehearsal
or performance. ARTISTS may photograph one another in costume for personal use only with
permission of BALLET. Copyright laws prohibit personal use whatsoever of choreography in use, by,
or belonging to the Company, without specific written consent of the BALLET.
7. STAGE MANAGEMENT.
All activities onstage or in adjacent areas (including dressing rooms) come under the jurisdiction of
stage management, including the Production/Stage Manager for Tulsa Ballet and authorized
personnel of the theater. It is stage management’s responsibility to ensure the safety of the stage and
the smooth execution of the production. Therefore, it must be clearly understood that directions from
stage management during production should be complied with immediately.
The following are general guidelines for ARTISTS:
1. CONTACT INFORMATION.
ARTIST to provide BALLET with contact information, including address and phone.
2. SECURITY.
BALLET does not assume responsibility for the loss or theft of personal belongings either at Tulsa
Ballet studios or any theater.
The Tulsa Ballet studios is work space for the exclusive use of the dancers and staff of the BALLET
and therefore the security code for the North Dancer Entrance is strictly confidential for dancers and
staff only and may not be given to others. All visitors should be approved by BALLET and should
check in with Receptionist upon entering the building.
Violation of security procedures and instances where keys or other BALLET property have been
lost, stolen or damaged must be reported immediately to BALLET.
While at the theater, all attempts will be made to provide a reasonable level of backstage security.
However, the open design of many theaters makes it possible for unauthorized people to enter the
building unchallenged. Therefore, all normal safety procedures should be adhered to at all times.
Page 42 of 43

4. COSTUMES.
ARTISTS should treat all costumes and/or other company property in a responsible and professional
manner and properly maintain shoes, boots, costumes, wigs and other related implements to be used
during a performance.
5. REPORTING INJURIES/PHYSICAL ILLNESS.
ARTIST should inform Company Manager of any health issues or use of prescription and/or nonprescription
drugs that might affect their ability to perform or fulfill their assigned duties.
ARTIST should report possible injuries and/or illnesses, however minimal, which are sustained
while performing, rehearsing or otherwise working with or for the BALLET as soon as possible so
as to fill out necessary paperwork and alert BALLET of anything that might hinder ARTISTS ability
to perform assigned duties.
6. DRESSING ROOMS.
When company arrives at a theater where the dressing room space is limited space will be
allocated according to roles danced. All dressing rooms in theater or in a rehearsal facility should
be left in good or better state than they were found. No radios, CD players or televisions shall be
permitted without the use of headphones.
7. TRAVEL PROCEDURES.
In the event there is a dispute over seating during traveling, priority will be given to ARTISTS with
heaviest workloads and any ARTISTS with injuries. No radios, CD players or television shall be
permitted without the use of headphones. Posted departure times are actual leave times and not
when luggage is to be loaded. If ARTIST(S) is left behind, they will be responsible for providing their
own transportation to designated performance location at their expense.
8. COMPANY FUNCTIONS:
As an ARTIST of Tulsa Ballet, in the event you are invited to attend Company functions such as
receptions, press conferences and other publicity events, you are encouraged to attend.
9. NEWS MEDIA.
It is the policy of the BALLET to cooperate with press and to present a positive image. All publicity is
under the BALLET’s sole discretion. If an inquiry is made of an ARTIST by the press or news media
without prior arrangement by the BALLET, courteously refuse to answer the inquiry and refer the
inquiry immediately to BALLET.
10. LIMITATION OF POLITICAL ACTIVITIES.
ARTIST shall not:
A. In the name of BALLET, solicit or receive any contributions for any religious or political party or
candidate;
B. Make politically oriented speeches at meetings sponsored by BALLET or appear at political
gathering as a representative of BALLET;
C. Disseminate literature or any other items concerned with political issues, parties or candidates
at such BALLET sponsored meetings.
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