Contract 2007-2011 - American Guild of Musical Artists

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53.NOTICEOutside the City of New York, all notices provided herein to be given to the Artistshall be delivered to such Artist personally, provided the Artist has notified theEmployer in writing of the Artist’s place of residence in the city or town of the lastperformance of the Employer. Failing such notice by the Artist to the Employer or atsuch designated place of residence, such notice provided herein shall be given to theArtist by registered mail to his/her last known address to him or her, care of AGMA.54.EXPIRATIONThe term of this agreement shall commence on August 1, 2007, and shallterminate on July 31, 2011, provided that all contracts with Artists which expire afterthat date shall be deemed subject to such new Agreement as may be entered intobetween AGMA and the Employer for the next or succeeding season. AGMA agrees tosubmit proposals for a new Basic Agreement no later than February 28, 2011.55.AUTHORITYRachel S. Moore hereby warrants and represents that she has the requisiteauthority as an agent and representative of the Employer to sign this agreement onbehalf of, and to bind, the Employer.56.SEPARABILITYIf any provision of this Agreement shall be held invalid, it shall be deemedseparable from the remainder of this Agreement and it shall not affect the validity of anyother provision thereof.57.NO WAIVER BY AGMAThe failure of AGMA to insist upon the strict performance of any of theprovisions of this Agreement shall not be deemed a waiver of any rights or remedies thatAGMA may have and shall not be deemed a waiver of any subsequent breach or defaulton the part of the Employer.58.GOVERNING LAWIt is the intention of the parties that the validity, construction, performance andapplication of this Agreement shall be governed exclusively by the laws of the State ofNew York.59.PHOTOGRAPHY(a) If any Artist is required to attend a call for the purpose of posing for orparticipating in photography, the Artist shall receive at least forty-eight (48) hours’notice (either via e-mail, posting on the call board, or personal notice) of such call(except where bona fide circumstances require that less than forty-eight (48) hours’notice be given, in which event no less than twenty-four (24) hours’ notice shall be4847-3313-3571.10 48
given), and such photography time, including makeup time, waiting time and travelincidental thereto shall be compensated at the appropriate rehearsal rate.(b) If any Artist is required to attend a call for the purpose of posing for orparticipating in photography on the Artist’s Free Day, such call will be not for less thanthree (3) hours for which the Artist shall be compensated at the applicable Penalty Rate.(c) All photos which are used for the Employer’s publicity, promotion, orfundraising purposes in any document which is solely under the Employer’s control inwhich three or fewer Artists appear or are featured shall credit the Artists.(d) The Employer shall instruct all photographers engaged by theEmployer and admitted to its rehearsals and productions that they may not usephotographs of four or more of the Employer’s Dancers for any purpose unlessauthorized to use same for a specified purpose which is authorized, in advance and inwriting, by the Employer. A copy of each such authorization shall be given to theDancers that are to be photographed, upon request, in advance of any suchphotography.(e) The Employer shall instruct all photographers engaged by theEmployer and admitted to its rehearsals and productions that they may not usephotographs in which three or fewer of the Employer’s Dancers appear or are featuredfor any purpose other than for the Employer’s publicity, promotion, and fundraisingpurposes unless authorized, to use same for a specified purpose, in advance and inwriting, by the Employer and by each Dancer. A copy of each such authorization shall begiven to the Dancers that are to be photographed in advance of any such photography.(f) The Employer shall not utilize or release any photograph of any Artistin a Principal role until the passage of forty-eight (48) hours after affording the Artist anopportunity to review such photograph. The Employer shall consider in good faith anyobjection of the Artist to the photograph but the final decision as to the use of thephotograph shall be retained by the Employer. Should bona fide circumstances requirethat any such photograph be utilized prior to the expiration of such forty-eight (48)hours, the Employer may utilize same without waiting for the Artist’s response. In anyevent, the Employer shall provide access for Artists to its files of publicity photos, andshould an Artist object in writing that he or she disapproves of a photograph of three (3)or fewer Dancers previously used by the Employer, the Employer shall not thereafterutilize such photograph.(g) Photographs or other reproducible likenesses of four or more Dancersmay be used on promotional items offered for sale by the Employer or its licensee to thepublic which promote the name of the Employer, or the Art form of Dance. Suchphotographs or other reproducible likenesses of three or fewer Artists may not belicensed to third parties without written consent of Artist(s), provided that such consentshall be deemed to have been granted in the event any Dancer fails to respond to awritten or e-mail request for consent within five (5) business days.(h) Unless Artists are notified in writing no less than forty-eight (48) hoursin advance (except where bona fide circumstances require that less than forty-eight (48)hours’ notice be given, in which event no less than twenty-four (24) hours’ notice shall4847-3313-3571.10 49
Page 3 and 4: (c) Artists shall be offered employ
Page 5 and 6: (e) The Employer agrees to discuss
Page 7 and 8: (2) During Performance Weeks in the
Page 9 and 10: (o) Penalty Rate - The term “Pena
Page 11 and 12: casting.(3) The Employer shall prov
Page 13 and 14: (3) Extraordinary Risk - The term
Page 15 and 16: compensated at (1/2) of the hourly
Page 17 and 18: which includes per diem, foreign pe
Page 19 and 20: hour period, he shall be paid at th
Page 21 and 22: (d) If the Artist shall be required
Page 23 and 24: (n)6:30 P.M.On a day prior to depar
Page 25 and 26: egin three (3) weeks prior to the f
Page 27 and 28: 29. POSTING OF REHEARSAL PERFORMANC
Page 29 and 30: (m) Each Dancer performing a Princi
Page 31 and 32: one-half (1/2) hour after all curta
Page 33 and 34: shall be compensated for such trave
Page 35 and 36: (19) The Employer will file with AG
Page 37 and 38: the first contract plus one (1) pai
Page 39 and 40: Each Artist on a contractual guaran
Page 41 and 42: (b) Upon request of AGMA, the Emplo
Page 43 and 44: (j) It is understood that the Emplo
Page 45 and 46: (c) Study Films. The Employer may c
Page 47: “Any controversy or claim arising
Page 51 and 52: AMERICAN GUILD OF MUSICAL ARTISTSBy
Page 53 and 54: AGMA and the EMPLOYER.4847-3313-357
Page 55 and 56: If the foregoing constitutes our un
Page 57 and 58: TABLE OF CONTENTS(continued)Page28.

Contract 2007-2011 - American Guild of Musical Artists

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