BALLET WEST/AMERICAN GUILD OF MUSICAL ARTISTS

A. APPLICATION OF BENEFITSSECTION III. GENERAL PROVISIONSThe EMPLOYER agrees that the provisions of this Agreement shall apply to andinure to the benefit of all ARTISTs employed or otherwise engaged by theEMPLOYER, or its successors, affiliates, subsidiaries, assignees or any entity orperson associated in any manner with the EMPLOYER, directly or indirectly, orthrough agents or independent contractors, notwithstanding anything herein to thecontrary. Whenever there shall be used in this Agreement any phrase which mayimply a more restricted meaning, such as, for example, “ARTISTs employed bythe EMPLOYER” such phrase shall be deemed to mean “ALL ARTISTsemployed or otherwise engaged by the EMPLOYER, or by an affiliate orsubsidiary of the EMPLOYER, its successors, affiliates, subsidiaries, assignees orany entity or person associated in any manner with the EMPLOYER, directly orindirectly, or through agents or independent contractors.”The parties agree that a child who performs a child’s or student’s role inEMPLOYER’s productions and who may be a Ballet West Academy student orstudent of some other program is not covered by this Agreement. The partiesfurther agree that a Ballet West II Dancer who rehearses or performs inEMPLOYER’s productions to augment the EMPLOYER’s corps of dancers; andwho is compensated at the EMPLOYER’s established pay and benefits rate, isotherwise covered by this Agreement. If the total number of weeks within whicha Ballet West II Dancer is engaged in a Ballet West Artist Activity equals twenty(20) or more, the Ballet West II Dancer shall receive benefits under thisAgreement. Nothing in this paragraph is intended to, nor shall it be interpretedas, in any way reducing the working conditions and wages EMPLOYER has beenproviding Ballet West II Dancers.To assist AGMA respecting enforcement of the Ballet West II provisions, no laterthan four weeks before their initial engagement, EMPLOYER shall notify AGMAof the number of weeks within which each Ballet West II Dancer shall participatein an Artist Activity at Ballet West. Should EMPLOYER change the schedulednumber of weeks the Ballet West II Dancer is so engaged (e.g., schedule changes,changes resulting in an increase or decrease of the number of weeks, etc.),EMPLOYER shall notify AGMA of such change no later than four weeks beforethe date the change is to become effective.AGMA agrees that it is and will continue to be an open union and will keep itsmembership rolls open and will admit to membership all ARTISTs engaged bythe EMPLOYER and will not impose unreasonable entrance fees or dues upon itsmembers; provided, however, nothing contained in this Agreement shall bedeemed to limit the right of AGMA to suspend, expel, otherwise discipline or torefuse to admit to membership or readmit a member, pursuant to the rules,regulations, Constitution and By-Laws of AGMA, and provided, further, thatnothing contained herein shall require the EMPLOYER to discharge or refuse to10