AGREEMENT made, executed, and delivered in the City of Atlanta ...

AGREEMENT made, executed, and delivered in the City of Atlanta, County of Fulton, and State of Georgia,this First Day of August, 2007 by and between the AMERICAN GUILD OF MUSICAL ARTISTS, amembership corporation organized and existing under and by virtue of the laws of the State of New York andhaving its principal office at 1430 Broadway (at 40 th Street), New York, New York 10018 (hereinafter"AGMA") and the ATLANTA BALLET, a corporation organized under the laws of the State of Georgia,having its principal place of business at 1400 West Peachtree Street, NW, Atlanta, Georgia 30309 (hereinafter"THE ATLANTA BALLET").W I T N E S S E T H:In consideration of the mutual agreements herein contained, the parties agree as follows:1. EMPLOYEES COVEREDTHE ATLANTA BALLET hereby recognizes AGMA as the exclusive collective bargaining agent for all fulltimeand regular part-time Dancers, and Apprentices employed by THE ATLANTA BALLET at its Atlanta,Georgia facilities including Members of the Corps de Ballet (all herein referred to collectively as"ARTISTS"), but excluding all office clerical employees, professional employees, managerial employees,Associate Artistic Director, the Ballet Mistress, and all other supervisors as defined in the Act.2. APPLICATION OF BENEFITSTHE ATLANTA BALLET agrees that the provisions of this Agreement shall apply to and inure to the benefitof all ARTISTS employed or otherwise engaged by THE ATLANTA BALLET, or any of its subsidiaries.Whenever there shall be used in this Agreement any phrase of a more restricted meaning, such as, forexample, "ARTISTS employed by THE ATLANTA BALLET" such phrase shall be deemed to mean, "ALLARTISTS employed or otherwise engaged by THE ATLANTA BALLET, or a subsidiary.3. MEMBERSHIP IN AGMA(a)(b)(c)Were some type of union security provision to become lawful in Georgia prior to theexpiration of this Agreement, both parties agree to bargain, upon request, at that time, over alawful union security clause. Were the parties to reach an agreement over a lawful unionsecurity clause at that time, such clause would be incorporated in this Agreement. Anyagreement between the parties would not require incumbent ARTISTS to become unionmembers or pay agency fees in order to retain their jobs or other benefits to which they areotherwise entitled. During the term of such bargaining, the parties agree that all no-strike/nolock-out provisions in Paragraph 58 of this Agreement would remain in full force and effectat all times.AGMA agrees that it is and will continue to be an open union and will keep its membershiprolls open and will admit to membership all ARTISTS engaged by THE ATLANTABALLET and will not impose unreasonable entrance fees or dues upon its members or limitthe right of AGMA to suspend, expel, otherwise discipline or to refuse to admit tomembership or readmit a member, pursuant to the rules, regulations, Constitution and By-Laws of AGMA, and provided, further, that nothing contained herein shall require THEATLANTA BALLET to discharge or refuse to engage any ARTIST by reason of an actionof AGMA which is in violation of the said Labor Management Relations Act.Nothing contained within this Agreement or the STANDARD ARTIST’S CONTRACTFOR EMPLOYMENT in any way shall abrogate the artistic prerogatives of themanagement, which shall be the sole judge and arbiter of any and all artistic matters.1

(d)(e)AGMA agrees to consider and act upon all charges filed in writing by THE ATLANTABALLET against AGMA member(s) and shall conduct a hearing when warranted inaccordance with the AGMA Constitution and By-Laws. THE ATLANTA BALLET agreesthat such charge filed in writing with AGMA and acted upon by AGMA shall not be subjectto arbitration.AGMA acknowledges the right of THE ATLANTA BALLET to manage the Company.4. DEDUCTIONS(a)(b)(c)(d)(e)THE ATLANTA BALLET shall deduct all Social Security, Withholding Taxes, DisabilityInsurance and other Taxes and other deductions authorized by ARTIST or required by law,to be paid by THE ATLANTA BALLET for its Employees. (All ARTISTS engaged byTHE ATLANTA BALLET covered by this Agreement are considered Employees within themeaning of the law.)THE ATLANTA BALLET agrees that it will deduct ("Check-Off") 2.0% of the grosscompensation earned and to be earned by each ARTIST covered under this Agreement, forwhom there shall be filed with THE ATLANTA BALLET a written assignment inaccordance with Section 302 of the Labor Management Relations Act, 1947, the applicable"Working Dues". For purpose of such deduction, travel expenses, meal money, per diem (tothe extent provided for in this Agreement) and any compensation earned under thejurisdiction of any union other than AGMA shall not be considered a part of the "grosscompensation" and shall not be subject to such deduction. THE ATLANTA BALLET shallcommence making such deductions with the first wage payment to be made to such ARTISTfollowing the date of the filing of his or her said written assignment, and such deductionsshall continue thereafter with respect to each and every subsequent wage payment to be madeto each such ARTIST during the effective term of said written assignment.Within one (1) month after the end of each payroll period, THE ATLANTA BALLET shallremit to AGMA, by check drawn to the order of the American Guild of Musical ARTISTS,the total amount of all deductions made during the said period for all such ARTISTS. THEATLANTA BALLET further agrees that, upon written request of AGMA, dues delinquentnot longer than six (6) months and initiation fees payable to AGMA shall be deducted fromthe compensation of ARTISTS and paid by THE ATLANTA BALLET to AGMA byseparate check. It will be AGMA's responsibility to make any arrangement with the ARTISTfor the collection of dues delinquent longer than six months.At the time of such remittance, and together therewith, THE ATLANTA BALLET shall alsofurnish to AGMA a record (form supplied by electronic data processing) certifying thenames, Social Security numbers and total wage and deductions for the pay period of theARTISTS on whose account such deductions were made. THE ATLANTA BALLET will beliable for failure to make a deduction or deductions as set forth in Paragraph 4 (b) above.MANAGEMENT WILL SUPPLY EDP FORM FOR AGMA's APPROVAL.THE ATLANTA BALLET agrees that a special written assignment in the following form,which may be contained in the STANDARD ARTIST’S CONTRACT FOREMPLOYMENT with THE ATLANTA BALLET, will be acceptable for the purpose of thisParagraph:"The actual compensation of the ARTIST shall be set forth herein, and there shall be noremissions, rebates, discounts, booking fees, commissions or other payments or deductionswhatsoever from the ARTIST'S compensation except such taxes or withholdings as are2

equired by statute or done voluntarily by ARTIST; and except further that the ARTISThereby assigns to AGMA from any compensation to be earned in connection with thisContract such amounts for dues, initiation fees, and assessments certified by AGMA as dueand authorizes and directs the deduction of such amounts from the ARTIST'S compensationand the remission of same to AGMA. This assignment, authorization, and direction coversall compensation earned as a result of employment under this Contract (regardless of howcharacterized or when paid). No other deductions shall be made from any ARTIST'Scompensation unless specified in writing from the ARTIST. This assignment, authorizationand direction shall remain in effect and be irrevocable, and shall be continued automatically,unless the ARTIST revokes it by giving written notice to THE ATLANTA BALLET andAGMA by registered mail not more than 30 days and not less than 15 days prior to theexpiration of each successive one-year period or of each successive Agreement, whicheveroccurs sooner. Such revocation shall become effective the first day of the calendar monthfollowing its receipt."(f)In addition to the above THE ATLANTA BALLET may deduct hotel charges and dependentmedical coverage from ARTIST'S compensation.5. ADMITTANCE OF AGMA REPRESENTATIVE ON THE ATLANTA BALLET'SPREMISESAny officer or other duly authorized representative of AGMA shall be admitted to the premises of THEATLANTA BALLET, or such other place where the Company is working, upon advance request andcircumstances permitting; and THE ATLANTA BALLET agrees to cooperate with such representative indealing with all matters pertaining to the official business of AGMA; permission will not be unreasonablywithheld.6. INDIVIDUAL EMPLOYMENT CONTRACT(a)(b)(c)No ARTIST may take part in any performances or rehearsals or do any work in preparationfor a production without first signing a STANDARD ARTIST’S CONTRACT FOREMPLOYMENT which shall state the ARTIST's position and seniority. All contracts andagreements made by THE ATLANTA BALLET with the ARTISTS employed under thisAgreement shall conform in every respect to all the provisions of this Agreement and shall beexecuted only on the AGMA standard form of agreement (hereinafter described) inquadruplicate, one copy for the ARTIST, one for THE ATLANTA BALLET, one for theAGMA Retirement Fund and one for AGMA. AGMA's copy shall be kept confidential byAGMA and available only (a) to the Executive Director or other officer having an equivalentposition or (b) when a dispute arises under the contract, and then only to the extent required.“Exhibit 1” attached hereto is the STANDARD ARTIST’S CONTRACT FOREMPLOYMENT to be entered into by THE ATLANTA BALLET with each ARTIST. Aschedule of rules and regulations, as approved by THE ATLANTA BALLET and AGMA,may be attached to the STANDARD ARTIST’S CONTRACT FOR EMPLOYMENT.ARTISTS shall be employed on a Guaranteed Employment Basis on the terms and at not lessthan the minimum compensation hereinafter set forth. As to those ARTISTS who acceptsuch a Guaranteed Employment contract, THE ATLANTA BALLET may not substitutepayment for rehearsal weeks for payment of guaranteed performance weeks, if the weeklycompensation of the ARTIST is not the same in all employment weeks. This provision shallbecome effective upon the commencement of a STANDARD ARTIST’S CONTRACT FOREMPLOYMENT during the term of this Agreement.3

(d)THE ATLANTA BALLET agrees to maintain on a Guaranteed Employment Basis, aminimum of twenty-one (21) Company Dancers in each season covered by this Agreement.THE ATLANTA BALLET shall guarantee each ARTIST engaged on a GuaranteedEmployment Basis, a minimum of thirty –five (35) weeks over a forty-six (46) week span ineach season. No ARTIST will be employed at a position, salary, or seniority less than that ofthe season immediately preceding, for each year of employment covered by this Agreement.(1) In the event the ATLANTA BALLET does not employ the minimum number ofARTISTS guaranteed as in Paragraph 6 (d) and Paragraph 14 (a) of thisAgreement, THE ATLANTA BALLET will deposit an amount equal to onehundred and fifty percent (150%) of the highest paid dancer’s weekly contractualsalary in the Dancers’ Resource Fund. The ATLANTA BALLET shall makesuch payment each week for each ARTIST(s) less than the minimum requirednumber until the ATLANTA BALLET has employed the full minimum numberof Guaranteed Artists required herein.(2) Should THE ATLANTA BALLET offer and have a contract accepted by anARTIST and the ARTIST, willfully and without an expressed release from THEATLANTA BALLET, fails to fulfill his/her contract at anytime from thebeginning of the performing season through the conclusion of Nutcracker, THEATLANTA BALLET will have a twelve (12) week period in which to replacesuch ARTIST without making the above required contribution to the DancersResource Fund. If THE ATLANTA BALLET has not filled the position withinthat twelve (12) week period, it will make a contribution to the Dancers ResourceFund in the amount of the ARTIST’S actual contractual weekly salary for eachweek that the position remains unfilled, beginning with the first week of suchvacancy.(3) Should an ARTIST willfully terminate his/her contract at any time after theconclusion of Nutcracker, THE ATLANTA BALLET will make every effort tofill the position, but will not be obligated to make a contribution to the DancersResource Fund if it is unable to fill the vacancy before the end of the contractperiod for that performing season.(e)(f)(g)(h)When ARTISTS are engaged on a Guaranteed Employment Basis, the STANDARDARTIST’S CONTRACT FOR EMPLOYMENT may contain an option whereby THEATLANTA BALLET may engage the ARTIST to render his services for an additionalspecified period of employment. This option, which the ARTIST shall be free to accept orreject, may be exercised by THE ATLANTA BALLET only by delivering a notice in writingto the ARTIST and to AGMA, with as much advance notice as possible.All ARTISTS employed by THE ATLANTA BALLET who are to be offered reengagementshall receive notification of re-engagement, including position and seniority specification, ornon-re-engagement by written notification, between February 1 and March 1. The contractoffer will be considered to be withdrawn unless the ARTIST has accepted THE ATLANTABALLET'S offer within eight (8) weeks after date of offer.Employer will be available for individual ARTIST/Employer discussions during the firstweek after contracts have been offered to ARTISTS or the next employment week in theevent said week is a lay-off week.ARTISTIC DISCUSSION shall be conducted by a member of the Artistic Staff in thepresence of a witness and scheduled for every ARTIST at least one time prior to December24 th of each year. Records of this discussion shall be in writing and accessible for review bythe ARTIST, but such discussions of artistic merit shall not be subject to grievance4

procedures. It is further agreed that this evaluation shall not be defined as a notice ofreengagement or non-reengagement.(i)(j)(k)ARTISTS shall not have the right to refuse to appear in any dancing role as assigned by theArtistic Director except when morally unacceptable to the ARTIST.AGMA agrees that all ARTISTS have the obligation to fulfill their STANDARD ARTIST’SCONTRACT FOR EMPLOYMENT. AGMA acknowledges that THE ATLANTABALLET has the right to pursue all disciplinary avenues available to THE ATLANTABALLET in instances in which an ARTIST defaults on the STANDARD ARTIST’SCONTRACT FOR EMPLOYMENT.All deferred compensation, pension, 403(b), and other similar plans, if made available to anyemployee of THE ATLANTA BALLET, shall be available to all ARTISTS covered by thisAgreement.7. ASSIGNMENT OF ARTIST'S CONTRACTTHE ATLANTA BALLET agrees that the STANDARD ARTIST’S CONTRACT FOR EMPLOYMENTbetween THE ATLANTA BALLET and any ARTIST may not be assigned or transferred to any individual orcorporation unless the written consent of AGMA and the ARTIST concerned shall have been endorsed on theface of the contract. The transfer of said individual contract without such written consent shall be deemed nulland void.8. REENGAGEMENTBy March 8, THE ATLANTA BALLET will furnish AGMA with a list of those ARTISTS whose contractsexpire at the end of the then current season and whom THE ATLANTA BALLET does not plan to reengagefor the following season or tour. Upon request, THE ATLANTA BALLET will furnish AGMA with a recordof the artistic discussion of any ARTIST.9. LOWERING OF MINIMUMS AND WAIVERS PROHIBITEDTHE ATLANTA BALLET agrees that the minimum terms and conditions governing the employment ofARTISTS by THE ATLANTA BALLET are those contained herein, and THE ATLANTA BALLET furtheragrees that it will not enter into any contract with or employ any ARTIST upon terms and conditions lessfavorable to the ARTIST than those set forth herein. THE ATLANTA BALLET agrees that no waiver by anARTIST of any provision of this Agreement or any contract between any ARTIST and THE ATLANTABALLET shall be requested by THE ATLANTA BALLET or be effective unless the written consent ofAGMA to the making of such request or such waiver is first had and obtained. THE ATLANTA BALLETfurther agrees that nothing in this Agreement shall be deemed to prevent any ARTIST from negotiating for orobtaining better terms than the minimum terms provided for herein. In any case, however, no agreement orcontract between THE ATLANTA BALLET and any ARTIST, whether or not such agreement or contractcontains such better terms, shall be binding upon the ARTIST unless such agreement or contract is in writingand approved by AGMA in writing. However, any increase in compensation, unaccompanied by a change inany other terms or conditions of the contract, shall not require the approval of AGMA. In the event of suchincrease in compensation, a copy of the ARTIST'S contract showing such increase shall be forwardedpromptly to AGMA.10. AGMA COMMITTEEA Committee shall be established to discuss and resolve issues that arise during the term of this Agreement.This Committee will operate as follows:5

(a)(b)(c)(d)THE ATLANTA BALLET agrees to the establishment of a Committee consisting ofrepresentatives of the ARTISTS, representatives of THE ATLANTA BALLET, and anofficer or representative of AGMA, when requested.Committee meetings are to be scheduled either upon request of THE ATLANTA BALLETor upon request of AGMA, and such meetings shall not be counted as compensated time.Issues brought to the Committee shall have been fully investigated by the appropriateDelegates before being presented.The subject matter to be discussed by the Committee shall be limited to issues relating toterms and conditions of employment.THE ATLANTA 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, uponrequest of AGMA, for membership meetings, once within any season. THE ATLANTABALLET will cooperate with AGMA in setting up shop meetings on the first day of therehearsal period, in order that AGMA members can elect a Delegate and a Committee andacquaint the members with the provisions of this Agreement.(1) Two (2) times per year, AGMA may schedule and conduct shop meetings, whichshall be included in compensated rehearsal/performance time.(2) On each occasion THE ATLANTA BALLET presents AGMA with an issue forwhich a shop vote is necessary, AGMA may schedule and conduct shop meetings,which shall be included in compensated rehearsal/performance time.11. CONTRIBUTIONS TO THE ATLANTA BALLET PROHIBITEDNo officer, director, or employee of THE ATLANTA BALLET and no person who occupies the relationshipof independent contractor to THE ATLANTA BALLET shall act as manager, agent or personal representativeof any member of AGMA or receive, directly or indirectly, any compensation or remuneration of any kind ornature whatsoever from any member of AGMA. THE ATLANTA BALLET shall be responsible forenforcing compliance with the preceding sentence. Within ten (10) days after notice is given by AGMA toTHE ATLANTA BALLET of any violation of this paragraph, THE ATLANTA BALLET shall correct suchviolation. If THE ATLANTA BALLET shall fail to correct such violation within such time, then THEATLANTA BALLET shall be deemed to have committed a material and substantial breach of this contract.12. PAYMENT OF SALARIES(a)(b)(c)THE ATLANTA BALLET agrees that all ARTISTS, except ARTISTS engaged for singleperformance, shall be paid by cash or check not later than 12:00 noon on Friday of everysecond week during the term of employment. When ARTISTS are on a layoff of one (1)week or more, they shall be paid for one week on the Friday following their return to workbefore the second week payroll periods commence again.ARTISTS who are engaged on a single performance basis shall be paid at the next scheduledpayroll.All overtime payments, concession payments, overmileage payments, or any other paymentswhich arise separate and apart from the weekly minimum salaries, shall be paid by THEATLANTA BALLET to the ARTIST no later than three (3) weeks following the submissionof the overtime schedule to THE ATLANTA BALLET.6

(d)(e)(f)THE ATLANTA BALLET shall make suitable arrangements for cashing of checks forARTISTS who are on tour for two (2) weeks or more.All overtime payments, concession payments, overmileage payments, or any other payments,which accrue separate and apart from the weekly minimum salaries shall be submitted by theARTIST for payment within the week after it occurs, or the claim will not be applicable. TheARTIST is to submit the tabulation of overtime to the Company Manager within one (1)week and the ARTIST shall receive such payment at the next scheduled payroll.If overtime, overmileage, or any situation which requires payment separate and apart fromweekly minimum salary, occurs during the week preceding a layoff week, the ARTIST maysubmit the tabulation in the week that the ARTIST returns to work and shall receive suchpayment at the next scheduled payroll, with the exception of those which occur in the finalweek of the performing season. At the end of a season all submissions must be submittedwithin four (4) weeks, or by July 1, whichever is later.13. NON-PAYMENT OR PARTIAL PAYMENT OF SALARIESNon-payment, or partial payment of salaries, when due, shall be deemed a material breach of contract, givingany ARTIST the right to terminate forthwith his/her contract with THE ATLANTA BALLET. However,upon application and sufficient proof by THE ATLANTA BALLET, AGMA, in its discretion, may grantTHE ATLANTA BALLET a grace period not to exceed seven (7) days.14. DEFINITIONSWhenever used in this Agreement, unless otherwise provided:(a)Apprentice - Except as explicitly provided in this subparagraph, all terms and conditions ofthis contract shall apply to Apprentices:(1) There shall be no less than 4 and no more than six (6) Apprentices;(2) Apprenticeship shall be a maximum of two (2) years in length;(3) First-year and Second-year Apprentice weekly salary [See Paragraph 15 (b)(1)];(4) Apprentices shall be notified of reengagement or non-reengagement in accordancewith Paragraph 6 (f);(5) After an Apprentice has completed his/her first (1st) and second (2nd) year (year* tobe defined as twelve (12) months from the first day of employment) ofApprenticeship with THE ATLANTA BALLET, if management decides toreengage that dancer, he/she will be offered not less than a first (1st) year "NewDancer" contract for his/her first (1st) year of employment subsequent toApprenticeship;(6) Apprentices may not perform principal roles.(b)Emergency Rehearsal - An ARTIST may be retained for emergency rehearsal due to anartistic emergency or the inability of an ARTIST to perform due to sickness or injury if thelack of such rehearsal would endanger the artistic standards of a work being presented. AnyARTIST called for such a rehearsal shall be compensated at the applicable rate.7

(c)(d)(e)(f)(g)Back-to-Back Lecture/Demonstration - A Back-to-Back Lecture/Demonstration shall consistof two Lecture/Demonstrations, each not to exceed fifty (50) minutes in length, performed inthe same location for two different audiences within a two and one-half (2-1/2) hour periodwith an interval of not less than twenty-five (25) consecutive minutes between. It isequivalent to one (1) full performance.The City of Origination - The term "City of Origination" shall mean the city of Atlanta. Anengagement will be considered outside the City of Origination if such engagement takesplace more than a radius of twenty (20) miles from 1400 West Peachtree, NE, Atlanta,Georgia.Cover - The term "Cover" for the purposes of this Agreement shall be defined as anyARTIST who is required to remain on call and be present during the performance for whichhe has been assigned to cover. The requirement to call in prior to the performance shall notbe considered a Cover if that ARTIST is not required to remain on call during theperformance.Curtain Time - Curtain Time shall be defined as ten (10) minutes past advertised CurtainTime or the beginning of the music of the first (1st) dance piece, whichever occurs first.Dress Rehearsal - The term "Dress Rehearsal" shall mean an appearance which includes thefollowing elements:(1) All performing ARTISTS shall appear in full costume and make-up;(2) All scenery, lighting, props and costumes are utilized;(3) Full orchestra or performance music utilized;(4) May include an invited, non-paying audience;(5) No printed program or announcement stating cast or program credits.Notification of dress/technical rehearsal make-up and hair requirements will be posted on theCompany call board no later than twenty-four (24) hours in advance.(h) Extraordinary Risk –(1) If no mutually agreed upon proper and adequate precautions are taken, the followingshall constitute "Extraordinary Risk:”• Operating explosive or pyrotechnic devices;• Handling fire or performing near or around fire;• Performing with any device which obscures vision.(2) Notwithstanding the foregoing, performing on any construction or apparatus builtabove the stage floor or orchestra pit, regardless of height, shall not be considered"Extraordinary Risk" if it is of such stability, width and protective danceability andhaving such railings as may be necessary so as to assure the safety of the ARTISTSas mutually determined by a local AGMA Committee and THE ATLANTABALLET.8

(3) No apparatus will be utilized in the studio or on stage unless performance secure andthoroughly pre-tested in a manner which accurately simulates full weight load anddistribution of the ARTIST(s) on or use by the ARTIST(s) of the apparatus.(4) If the agreed upon conditions of Exhibit #2 are met by THE ATLANTA BALLET,the use of sharp weapons, swords, and/or other props used as weapons, shall notordinarily be considered Extraordinary Risk.(5) The following constitute Extraordinary Risk:• suspension from trapeze, wire, or like contrivance where the ARTIST'S feetare more than four (4) feet above stage floor;• performing on stilts or like devices which place ARTIST'S feet more thanfour (4) feet above stage floor;• falling or landing on anything other than the ARTIST'S own feet from anysurface above the stage floor (for example, rolling backwards down steps);• jumping from any surface more than four (4) feet above stage floor, even ifthe ARTIST lands on his/her own feet;• any other form of high risk feat endangering ARTIST(s) to injury asmutually determined by a local AGMA Committee and THE ATLANTABALLET prior to the first performance.(6) An ARTIST who is required to and actually performs an Extraordinary Risk feat,as defined in subparagraphs (1) and (5) above, shall receive, in addition tohis/her weekly compensation, the applicable Extraordinary Risk fee as specified inParagraph 15 (d). Such fee shall be paid to an ARTIST for each rehearsal inwhich he/she participates, in compensation for one or more run-throughs ofExtraordinary Risk feat in such rehearsal and for each performance that theARTIST performs the Extraordinary Risk feat.(7) All ARTISTS necessary to the performance of the foregoing feats shall haveadequate on-stage rehearsals of such feats.(i)Free Day - The term "Free Day" shall be a period of twenty-four (24) consecutive hoursduring which the ARTIST may not be called or required to travel, rehearse, perform, orrender any service or obligation whatsoever for THE ATLANTA BALLET.(1) The Free Day shall not be interrupted by photo calls, costume fittings, or any otherservice, nor shall any individual volunteer such service without prior written consentfrom AGMA.(2) During performance weeks the forty-eight (48) hour consecutive time period shall becounted from twelve (12) hours after the close of the last preceding performance.(3) Each employment week shall have two (2) consecutive Free Days, Sunday andMonday, in each Sunday through Saturday week, except as provided for inParagraph 21 (f) and Paragraph 23.9

(4) During a 5-day rehearsal week the consecutive Free Days of Sunday and Mondayshall commence at 12:00 midnight and end at 11:00 A.M. in the morning of the third(3rd) following day.(5) A travel call may take place not earlier than 8:00 A.M. following any Free Day.(6) Any service requested by the EMPLOYER on a Free Day shall be paid for at theConcession Rate with a minimum two (2) hour call and payable thereafter in onequarter(1/4) hour increments.(7) THE ATLANTA BALLET may schedule two (2) other consecutive Free Days inthe event of extraordinary circumstances with one (1) week’s prior notice given.(j)(k)(l)(m)(n)Lecture/Demonstration - An activity not to exceed fifty (50) minutes in duration for thepurpose of conveying the art form to a new audience consisting of, but not limited to,students, teachers, and other interested persons.Master Class - A teaching activity for non-company members within the profession for thepurpose of giving instruction and criticism and to be compensated outside normalcompensation.New Dancer - A New Dancer shall be a performer who has not been previously employed byTHE ATLANTA BALLET.Off Site Cultivation Event - Any Activity or Event for a paying audience or for apromotional or fundraising purpose or Lecture Demonstration where the ARTISTS arerequired to perform in an unconventional space or on a surface that is not suitable fordance. [For conditions, see Paragraph 33 Performance and Rehearsal Conditions, new(h) and Paragraph 56 Theater Safety]Overtime - Overtime, not otherwise defined in this Agreement [including, but not limited to,rehearsal assistant, work performed within break time, rest time, etc.] shall be defined asservices performed over and above thirty (30) hours per week, thirty four (34) hours perweek during technical weeks, six (6) hours per day in a five (5) day week, five (5) hours perday in a six (6) day week, two (2) hours on a performance day or any other services otherthan performances on a two (2) performance day, except for circumstances set forth insubparagraph 14 (z)(2). Tabulation of Overtime shall be submitted by the ARTIST to THEATLANTA BALLET within one (1) week and the ARTIST shall receive such payment atthe next scheduled payroll, as set forth in Paragraph 12 - PAYMENT OF SALARIES.(o) Performance - The term "Performance" shall mean an appearance which counts as three (3)hours and includes all of the following elements:(1) All performing ARTISTS shall appear in full costume and make-up;(2) All scenery, lighting, props and costumes are utilized;(3) Full orchestra or performance music utilized;(4) There is a paying audience;(5) The program presented is a full performance.10

(p)(q)(r)Performance Week - The term "Performance Week" shall mean a week commencing onMonday and ending on Sunday, during which at least one (1) performance is given. If acontract begins on any day other than Monday, the ARTIST shall be paid on a pro rata basisof one-fifth (1/5th) of his/her agreed-upon weekly salary for all prorated days, provided thatsuch prorated days immediately precede or succeed a full week of employment. Two (2)Lecture/Demonstrations do not convert a Rehearsal Week to a Performance Week.Principal Dancer - shall be defined as an ARTIST who has been so designated by THEATLANTA BALLET in the STANDARD ARTIST’S CONTRACT FOR EMPLOYMENTand/or the public announcements, programs and other literature issued by THE ATLANTABALLET. It is understood that THE ATLANTA BALLET does not currently employARTISTS as Principal Dancers as defined in this subparagraph 14(q).Rehearsal Assistant - An ARTIST may be invited by the Artistic Staff to serve as a RehearsalAssistant, formally or informally, for a new or existing work. ARTISTS may decline oraccept the invitation to serve as RA for any reason. Should an ARTIST accept thedesignation as RA, such designation shall be posted on the callboard prior to the firstrehearsal of the work for which they have been designated. In addition their name shallappear on the daily schedule for those rehearsals in which they are expected to fulfill the roleof RA. Reporting to the Artistic Director, the duties of a Rehearsal Assistant shall include:(1) Working with the Artistic Staff and/or Choreographer’s designate to set, restage orteach choreography to other ARTISTS;(2) Working with resident or outside Choreographers to assist them in creating newworks;(3) In the absence of a Ballet Master/Mistress, take charge of scheduled rehearsals forwhich they have been previously designated as RA;(4) ARTIST designated as RA will have access to tapes, performance video and otherdocumentation;(5) For services set forth in this subparagraph the ARTIST shall be compensated at thehourly rate of $40, effective 2007/2008 season, $40 effective 2008/2009 season and$41, effective 2009/2010 season. Such services shall be scheduled and paid for inhalf-hour [1/2 hour] increments.(s)(t)(u)Rehearsal Week - The term "Rehearsal Week" shall mean a Sunday through Saturday week.THE ATLANTA BALLET and AGMA agree that a Rehearsal Week will consist of five (5)days of rehearsal plus two (2) consecutive Free Days, except as provided for in Paragraph 21(f). Rehearsal Weeks need not be consecutive.Residency - A residency engagement shall be defined as an engagement that includes at leastone presentation of two (2) or more of the following types of events, to be presented within asalaried week: (1) Performance; (2) Master Class; (3) Lecture/Demonstration.Rest Time - Rest Time shall be defined as a span of time in which no ARTIST'S activity suchas class, warm-up, photo calls, costume fittings without compensation or travel may bescheduled. Rest Time is understood to mean: Off-span (12 or 13 hours), 4th consecutivework hour, break period after travel, time between matinee and evening performances, FreeDay, half-hour call prior to performance and the time between the end of rehearsal andbeginning of performance and a fifteen (15) minute break after class. In the event classextends beyond the allocated time, the fifteen-minute break will nevertheless take place and11

educe the available rehearsal time in the first scheduled rehearsal. Balance of the day’sscheduled rehearsals will remain the same.(v) Run-outs - When an ARTIST is called or required to render services more than twenty (20)miles beyond 1400 Peachtree, Atlanta Georgia, but is not required to stay overnight, THEATLANTA BALLET shall compensate the ARTIST with the appropriate meal allowance.THE ATLANTA BALLET will provide transportation to and from such performance or anequivalent amount for transportation (mileage reimbursement).(w)(x)Solo Dancer - A "Solo Dancer" shall be defined as an ARTIST who has been so designatedby THE ATLANTA BALLET in the STANDARD ARTIST’S CONTRACT FOREMPLOYMENT and/or the public announcement, programs or other literature issued byTHE ATLANTA BALLET. It is understood that THE ATLANTA BALLET does notcurrently employ ARTISTS as Solo Dancers as defined in this subparagraph 14 (w).Spill-Over Rehearsals - The term "Spill-Over Rehearsal" shall mean an unscheduledrehearsal of the same ballet or rehearsal call, which immediately follows a scheduledrehearsal and announced as such. Spill-Over Rehearsal shall not exceed one-half (1/2) hourper day per ARTIST under any circumstances and shall be compensated at the Overtime Ratein one-quarter (1/4) hour increments.(y) "Kids-N-Step" Performance - constitutes a full performance and will not begin before 10:00A.M.(z)Service - The term "service" shall mean an ARTIST'’S time called or required by THEATLANTA BALLET and shall include, but not be limited to: performances (including calledtime, which is counted as thirty minutes in) rehearsals, photo calls, lecture/demonstrations,travel, costume fittings, and "Kids-N-Step." The total time for all ARTIST'S services in anyemployment week shall not exceed thirty (30) hours without additional applicablecompensation paid to the ARTIST.(1) It is further agreed that the maximum number of hours of service in a technical weekwill not exceed thirty-four (34) and in all other work weeks, maximum number ofhours of service will not exceed thirty (30).(2) Any service requested of an ARTIST during a layoff period will be paid at theConcession Rate, payable in one-quarter (1/4) hour increments.(aa)Supplemental Artist – Shall be defined as an ARTIST engaged on a weekly basis to augmentthe minimum number of dancers engaged on a Guaranteed Employment Basis, excludingcharacter roles and supernumerary roles, and shall be employed on an AGMA StandardArtists Contract for Employment. All terms and conditions of the Agreement apply to theSupplemental Artists unless expressly modified herein:1) The ATLANTA BALLET may engage a Supplemental Artist only after theATLANTA BALLET has satisfied the Employment Guarantee as set forth inParagraphs 6 (d) Individual Employment Contract and 14 (a) Definitions –Apprentice.2) The ATLANTA BALLET may offer the Supplemental Artist no more than fiftypercent (50%) of the total number of guaranteed weeks for that contract year.3) The rate of compensation shall be no less than the New Dancer rate set forth inParagraph 15 (b) (1) of this Agreement.12

4) ATLANTA BALLET shall discuss with the AGMA Delegates its intent to engage aSupplemental Artist and the circumstances that make it necessary.5) ATLANTA BALLET shall notify AGMA at the commencement of the PerformingSeason, or as soon as it knows of its intent to engage a Supplemental Artist for anyperiod during the Performing Season, and shall submit a copy of the StandardArtist’s Contract of Employment for AGMA’s approval, as per Paragraph 6 (a) and(b).(bb)(cc)Technical Week – Any performance week which also includes a technical rehearsal in theperformance space.Company Member - The term Company Member shall mean "Company Dancer" and viceversa. A Company Dancer is an ARTIST who is a full-time Dancer above the rank ofApprentice.15. COMPENSATION(a)Nutty Nutcracker/Resource Fund:(1) For any production of the Nutty Nutcracker, ARTIST shall receive an amount equalto a percentage of the Gross Ticket sales less sale’s tax or $10,000, whichever isgreater, for the Production of the Nutty Nutcracker to be applied to THE ATLANTABALLET Dancer’s Resource Fund per the following formula. The amount shall be15% of Gross sales, less sales’ tax, up to $90,000 of sales; 20% of all sales from$90,000 up to $110,000; 25% of all sales above $110,000. Should ticket sales fallbelow $67,000, THE ATLANTA BALLET may choose not to produce the NuttyNutcracker in the following season. Furthermore, both parties recognize that activeparticipation by the ARTIST in the creation and marketing of the production isessential for the success of the production.(2) ARTISTS shall be given no less than nine (9) hours of studio rehearsal time, whichshall be scheduled within compensated time. THE ATLANTA BALLET shall workwith the ARTISTS to identify additional possible studio rehearsal time for up to 15total hours of compensated non-overtime rehearsals.(3) THE ATLANTA BALLET will give the ARTISTS a budget of no less than sevenhundred dollars [$700] for the purchase of materials for costumes, props, or anyexpense incurred by the ARTISTS in preparation for the Production.(4) THE ATLANTA BALLET shall give the ARTISTS three [3] consecutive hours ofscheduled stage rehearsal time within compensated time for the Dress Rehearsal.The three [3] consecutive hours of stage rehearsal time shall be scheduled at thesame time as the Nutcracker performance schedule.(b) (1) Minimum Compensation - Rehearsal/Performance Weeks*ARTIST 2007/2008 2008/2009 2009/20101 ST Year Apprentice $380 $380 $3802 nd Year Apprentice $406 $406 $40613

New Dancer $593 $593 $593Company Dancer $671 $671 $671Returning Dancer $693 $693 $693* Not including applicable Seniority Payment(2) A second year Apprentice who is reengaged for the following season shall beemployed as a Company Dancer and at no less than the Company Dancer rate plusthe applicable seniority pay. Apprentice years (with the Atlanta Ballet) shall becounted when calculating seniority for such Company Dancer.(3) A Company Dancer who is reengaged for the following season shall be employed asa Returning Dancer at no less than the Returning Dancer rate plus the applicableseniority pay.(c)Seniority Minimum - Rehearsal and Performance Weeks(1) THE ATLANTA BALLET agrees to pay to an ARTIST in the employ of THEATLANTA BALLET for the appropriate period of time as defined hereafter prior tothe effective date of employment the following compensation in addition to anyminimum compensation provided for in this Agreement:• Seniority years one (1) through five (5) shall be compensated at the rate offifteen dollars ($15) per week per year of service.• Seniority years six (6) through twelve (12) shall be compensated at the rateof twenty dollars ($20) per week per year of service to a maximum oftwelve (12) years seniority.• Such rates defined herein shall apply to all years of seniority achieved bythe ARTIST from his/her effective date of employment.(2) For the purpose of determining eligibility of the ARTIST to any of the senioritycompensation provided for above, an ARTIST shall be required to have beenemployed by THE ATLANTA BALLET not less than twenty (20) weeks (notnecessarily continuous) or for all of the employment provided by THE ATLANTABALLET in any fifty-two (52) weeks preceding the effective date of theSTANDARD ARTIST’S CONTRACT FOR EMPLOYMENT contract. Similarly,in order to be entitled to seniority compensation for more than one (1) year, suchARTIST shall be required to have been in the employ of THE ATLANTA BALLETnot less than twenty (20) weeks (not necessarily continuous), or for all of theemployment provided by THE ATLANTA BALLET in fifty-two (52) weeks in anyadditional one (1), two (2), or three (3) years preceding the fifty-two (52) weeksprovided for in the preceding sentence. Apprentice years shall be counted whencalculating seniority if an Apprentice is hired as a Company Member.(3) Any ARTIST who is signed to a STANDARD ARTIST’S CONTRACT FOREMPLOYMENT after the effective date of this Agreement shall have his senioritycompensation computed on the basis of the provisions contained herein. Any14

ARTIST who is already under contract at the time of the effective date of thisAgreement and who has been receiving seniority compensation under thisAgreement heretofore in effect shall not have any seniority compensation he ispresently receiving diminished, but any additional seniority compensation to whichhe may be entitled under this Agreement shall be computed on the basis of thisAgreement, effective August 2007.(d)Other Rates(1)Extraordinary Risk2007/2008 2008/2009 2009/2010$48 $48 $49Rehearsal AssistantHourly Rate $40 $40 $41OVERTIME RATECompany MemberApprentice$36-------------$22$36------------$22$37----------$23TRAVEL OVERTIMECompany MemberApprentice$26---------------$12$26---------------$12$27------------$13CONCESSION RATECompany MemberApprentice$44-------------$32$44-----------$32$45-------------$33*Delegate Fee$65 $65 $70*The maximum amount payable as Delegate Fee (as set forth above) is spread among up to six delegates, butthat is the maximum delegate expenditure, per week, to which THE ATLANTA BALLET is obligated.(2) Singing/Speaking Roles - An ARTIST shall be compensated $7.00 [seven dollars]per performance for singing and/or speaking up to ten (10) words in a ballet or dancework. An ARTIST who sings or speaks more than ten (10) words in ballet or dancework shall receive $30.00 [thirty dollars] per performance in addition to weeklycontractual compensation.(3) Rehearsal Assistant - Any ARTIST assigned by THE EMPLOYER to take chargeof an officially scheduled rehearsal, whether or not the Ballet Master is present, shallbe paid forty dollars ($40) in the 07-08 season; forty dollars ($40) in the 08-09season and forty one dollars ($41) in the 09-10 season. Such payment does notcount against any otherwise applicable Overtime, Penalty or Concession paymentsdue to the ARTIST.(4) Hotels - THE ATLANTA BALLET agrees to provide and pay for hotel rooms,including taxes, for all ARTISTS on double occupancy basis. It is understood thatdouble occupancy means that if two (2) unmarried persons are sharing the room two15

(2) separate beds must be provided. If appropriate pairing cannot be achieved, THEATLANTA BALLET will recognize up to three (3) singles, to include at least one(1) man and one (1) woman. ARTISTS will be responsible for the payment of allhotel costs beyond the basic room rate and taxes. THE ATLANTA BALLET willprovide ARTISTS with hotel information five (5) weeks prior to tour. AGMAacknowledges the special circumstances and conditions provided for in Haywood.(5) Per Diem - On any day in which the ARTIST is required to be more than twenty(20) miles from the in-city departure point:MEAL 2007/2008 2008/2009 2009/2010BreakfastPrior to 9 AM $10 $10 $10LunchNoon to 1 PM $12 $12 $12DinnerAfter 6 PM $26 $26 $26Total Day$48 $48 $48• All ARTISTS, either weekly and/or per performance, shall receive per diem and/or meal moneytwo (2) working days prior to departure.• THE ATLANTA BALLET shall pay all ARTISTS the appropriate meal money allowancewhether or not the airline provides meal service or snacks.(e)Maximum Number of Performances(1) Performances Per Week - The ARTIST may be required to take part in not morethan seven (7) performances per week on tour and not more than eight (8)performances per week in the City of Origination. If the ARTIST shall be requiredto take part in more than seven (7) performances in any week while on tour or morethan eight (8) performances in any week in the City of Origination, he/she shall bepaid not less than one-sixth (1/6th) of his/her agreed-upon weekly compensation foreach such additional performance.(2) Performances Per Day - No ARTIST shall be required to perform in more than two(2) full performances per day.(3) Lecture/Demonstration - shall count as one-half (1/2) performance service providingthat the total elapsed time including travel but excluding Rest Time betweendemonstrations does not exceed four (4) hours, and providing that eachLecture/Demonstration does not exceed fifty (50) minutes in length.• All times which exceed the remaining available rehearsal time in that day,minus fifty (50) minutes for each Lecture/Demonstration for that day, shallbe paid at the Overtime Rate in one-quarter (1/4) hour increments.• There shall be not more than three (3) Lecture/Demonstrations in any oneday, each being separated by not less than one and one-half (1-1/2) hours iftravel is involved and by no less than one-half (1/2) hour if no travel isinvolved.16

(4) Back-to-Back Lecture/Demonstration - shall consist of two (2)Lecture/Demonstrations, each not to exceed fifty (50) minutes in length, performedin the same location for two different audiences within a two and one-half (2-1/2)hour period with an interval of not less than twenty-five (25) consecutive minutesbetween. It is equivalent to one (1) full performance.(5) Travel Provisions - All provisions of this Agreement with respect to rehearsal andtravel will apply to Lecture/Demonstration.(6) Lecture Demonstrations and Performances - In the event that aLecture/Demonstration is scheduled on the same day as a regular performance, theprovisions of this Agreement relative to a two-performance day will apply. NoARTIST shall appear in a Back-to-Back Lecture/Demonstration on a performanceday, unless the total time span for such Back-to-Back Lecture Demonstration,including all travel, is equal to or less than two and one-half (2 1/2) hours and isfollowed by a rest period of no less than one (1) hour prior to the call for theperformance.(7) Preview performances - will be considered full performances. (See DefinitionsParagraph 14 (o)).(8) Rehearsal on a one-performance day - will be permitted following matinees andLecture/Demonstrations only if there has been a one (1) hour rest period fromcurtain down time prior to the commencement of such rehearsal, (unless the AGMAdelegates agree to a shorter rest period, which in no case shall be less than one-half(1/2) hour).(9) Rehearsal on Lecture/Demonstration days - when no other performance isscheduled, rehearsals may be scheduled as follows:• Three (3) hours of rehearsal in the event of one (1) Lecture/Demonstrationper day or Back-to-Back Lecture Demonstrations,• Two (2) hours of rehearsal in the event of two (2) Lecture/Demonstrationsper day and no rehearsal on days when three (3) Lecture/ Demonstrationsare scheduled.(10) Stage Makeup - No stage makeup will be required for Lecture/Demonstrations,excepting special ethnic or character stage make-up integral to the Dance Piece.Make-up may be required for certain ARTISTS.(11) Master Class - Any ARTIST may teach, without additional compensation, amaximum one and one-half (1 1/2) hour Master Class on a day no other services arerequired/requested of an ARTIST. Otherwise the ARTIST will be paid $50.00 forthe Master Class. Notice of the Master Class must be given in writing no less thanone (1) week in advance.(f)Performing space(1) Access - THE ATLANTA BALLET shall use best efforts to insure that theARTISTS shall have access to the performing space at least one (1) hour prior to thestarting time of a Lecture/Demonstration.17

(2) Warm up space - THE ATLANTA BALLET shall arrange for a suitable warm-upspace with barres, if available, for the ARTISTS.(3) Inflexible surface - For Lecture/Demonstrations and promotional appearances, thereshall be a program choreographed especially for inflexible surfaces.• At the option of the ARTISTS, such program shall be employed wheneverthe ARTISTS render such services on inflexible surfaces.• Production support personnel are to examine the floor and assist inpreparing the floor surface for the safety of the ARTISTS.(4) Dressing Rooms - THE ATLANTA BALLET will arrange for adequate dressingrooms to include dressing space with seating space and sinks, and bathroom facilitiesfor as many ARTISTS as are performing, except for Lecture/Demonstrations whereno make-up is required, in which case sinks need not be in the dressing space.(5) Choreography - The choreography of the dance pieces to be performed shall bemodified to adapt to the existing physical limitation for all Lecture/Demonstrations,promotional, or similar events which could endanger the ARTIST. THEATLANTA BALLET must provide a resilient linoleum dance surface for allaforementioned events when available.(6) Performance Conditions - For all promotional appearances, Lecture/Demonstrations, and other appearances and performances by an ARTIST, other thanin a legitimate theatrical setting, the ARTIST representatives and THE ATLANTABALLET’S designated administrators will determine, on a case-by-case basis,whether or not the performance circumstances are suitable and safe.• Both the ARTISTS’ representatives and THE ATLANTA BALLET’Sadministrators will take into consideration all the elements pertaining topresentation, ARTISTS’ health, and institutional benefit.• THE ATLANTA BALLET will use its every best effort to accommodate allARTIST requests to improve circumstances of the activity by requests to thepresenting organizations, and through alterations in choreography andfurnishing a “Marley” type dance-resilient surface when feasible.• AGMA, THE ATLANTA BALLET, and the Ballet’s hosts agree to work incollectively in achieving the above-mentioned goals of this provision.(g)Pro Rata Days(1) THE ATLANTA BALLET shall have the right to engage the ARTIST for additionalconsecutive days immediately preceding or succeeding any guaranteed full week ofemployment only if all of the following conditions are met:• the ARTIST shall be guaranteed not less than one (1) full week ofemployment;• the ARTIST shall be compensated for such pro rata days at a pro rataamount of the ARTIST 'S agreed upon weekly compensation for18

employment weeks calculated on the basis of one-fifth (1/5) thereof for eachsuch pro rata day;• such pro rata days shall be identified and included in the STANDARDARTIST’S CONTRACT FOR EMPLOYMENT when originally issued fora season;• a fourth (4 th ) or more day of employment will require payment to theARTIST of a full week of compensation.(2) At the option of THE ATLANTA BALLET, any pro rata days immediatelypreceding and/or succeeding a guaranteed full week of employment, all of which prorata days and guaranteed full week(s) of employment must occur within the sameseason, may be added together and, if totaling four (4) or five (5) days, may be paidat the rate of a full week of employment and may count toward the minimumnumber of weeks of guaranteed employment set forth herein.(3) Additional days or weeks which are not consecutive and/or are not identified andincluded in the STANDARD ARTIST’S CONTRACT FOR EMPLOYMENT whenoriginally issued for each season are addressed in Paragraph 6 (e), which additionaloffer of employment covered in Paragraph 6 (e) the ARTIST is free to accept orreject and which additional days or weeks are in addition to the minimum number ofguaranteed weeks of employment set forth herein.(h)Free Day - Each ARTIST shall receive in each Performance Week one (1) Free Day asdefined herein in Paragraph 23 (b).16. CLOSING TIME OF PERFORMANCETHE ATLANTA BALLET agrees that in the event a performance shall be concluded after 11:30 P.M. or ifthe performance exceeds three (3) hours in length from Curtain Time, each ARTIST shall be compensated atquarter (1/4) hour or fraction thereof during which the ARTIST is required to perform after 11:30 P.M. or inexcess of three (3) hours from ten (10) minutes past advertised Curtain Time or the beginning of the music ofthe first (1st) dance piece whichever occurs first.17. INTERMISSIONS(a)THE ATLANTA BALLET agrees that there shall be a fifteen (15) minute intermissionbetween dance pieces and/or acts of dance pieces which require a change of costume and/ormake-up by ARTISTS appearing in both dance pieces, or both acts of the same dance piece.(1) Intermission time shall begin from the time of final curtain following the end ofcurtain calls; any violation shall be paid at the dollar equivalent of one-quarter (1/4)hour Overtime.(2) Where an ARTIST appears in two (2) dance pieces and/or acts of dance pieceswhich require a change of costume and/or makeup by ARTISTS in both dancepieces or both acts in the same dance piece, a pause will be sufficient, provided theARTIST is not required to make his/her next entrance until fifteen (15) minutes afterthe end of the previous act or piece.19

(b)(c)There shall be a call ten (10) minutes prior to the appearance of the ARTIST in such second(2nd) and third (3rd) dance piece advising the ARTISTS that they shall be required on stagefive (5) minutes after such call.No rehearsals, walk-throughs, stagings or spacing will occur during any intermission unlessrequested by an ARTIST or in an emergency situation.18. MATINEE PERFORMANCESTHE ATLANTA BALLET agrees that there shall be a minimum period of two and one-half (2 1/2) hoursintervening between the conclusion of any matinee performance and the commencement of the eveningperformance, during which period the ARTIST may not be required to rehearse, travel, perform and/or renderany service.19. LAY-OFFS(a)(b)(c)(d)(e)(f)If an ARTIST is called upon to perform one (1) or more performances during a lay-off week,THE ATLANTA BALLET must pay the ARTIST his/her full regular weekly performancesalary, except as provided in Paragraph 15 (g).THE ATLANTA BALLET may lay off ARTISTS in the City of Origination without anycompensation. THE ATLANTA BALLET agrees that all employment outside the City ofOrigination shall be continuous, and each ARTIST shall be compensated therefore at hisPerformance Week salary, and that it shall not lay off an ARTIST in any place other than theCity of Origination.No lay-offs or return to employment shall occur without four (4) weeks prior writtennotification to each ARTIST.When the ARTIST returns to employment following a lay-off period, THE ATLANTABALLET agrees that the rehearsal schedule will be posted by 4:00 P.M. two (2) workingdays before the beginning of rehearsal.Class shall be made available to all ARTISTS two (2) weeks prior to the first scheduledRehearsal Week of the season and following a layoff of three weeks or more.ARTISTS will have a minimum of not less than seven (7) studio days of rehearsal prior tothe first performance of each contractual year, and not less than five (5) studio rehearsal days,whenever possible, following any lay off of three (3) or more weeks.20. REHEARSALS DURING PERFORMANCE WEEKS(a)The ARTIST may be called upon to rehearse during each Performance Week without thepayment of additional compensation provided that:(1) Performance day - 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 ARTISTshall not be required to rehearse in excess of three (3) hours. THE ATLANTABALLET shall schedule Dress Rehearsals on non-performance days wheneverpossible.(2) Non-performance day - On non-performance days during Performance Weeks, theARTIST may be required to rehearse not more than five (5) hours per day, (choose20

either all of Column A or all of Column B) i.e., rehearsals during PerformanceWeek:ABOther non-performance days5 Hours 5 HoursDay preceding opening night5 Hours (incl. dress) 4 HoursOpening Night2 Hours 3 Hours (incl. dress)Subsequent performance days2 Hours 2 HoursMaximum hours of combinedservice 30 Hours 30 HoursThe only exception shall be during technical weeks in which a maximum of six (6) hours per day/maximum34 hours per week combined service of rehearsal on non-performance days will be permitted.(3) The ARTIST shall not be required to rehearse two (2) hours prior to the half (1/2)hour call before any performance, unless such rehearsal is scheduled underemergency conditions as herein defined and further provided that such EmergencyRehearsal is compensated for.(4) The ARTIST shall be given one five [5] minute break during each hour of rehearsalfollowing a fifty-five [55] minute rehearsal period. For each rehearsal consisting ofninety (90) minutes of service, ARTISTS will receive one ten (10) minute break.(5) THE ATLANTA BALLET shall not infringe upon the allotted free time after atravel call. Prior to the first scheduled rehearsal, ARTISTS’ use of free time for classor personal warm-up may not be infringed upon (i.e. for costume fittings).(b)If the ARTIST shall be required to rehearse in excess of the maximum number of hours perday or per week, as above provided, he shall be paid not less than the rate of one-quarter (1/4)the hourly Overtime Rate for each such additional rehearsal of one-quarter (1/4) hour orfraction thereof.(1) Spill-over - It is further agreed that spill-over overtime rehearsal, as defined herein,will be paid for at the rate of one-quarter (1/4) the hourly Overtime Rate for eachadditional half-hour of rehearsal or fraction thereof.(2) Fourth consecutive hour - In no event shall an ARTIST be required to rehearse orperform any service for THE ATLANTA BALLET in the fourth (4th) consecutivehour. However, it is understood that no work week, with the exception of a technicalweek, will exceed thirty (30) hours in length.(c)The first required call or service of an ARTIST shall not be sooner than thirteen (13) hoursfollowing the end of the last preceding performance or rehearsal period in the City ofOrigination. On tour, there shall be a twelve (12) hours interval following the end of the lastpreceding performance and the next required service.21

(d)(e)Rehearsal will be permitted on a day in which two (2) performances are given only in case ofemergency, as defined herein, in which event the ARTISTS shall receive compensation at theOvertime Rate.ARTISTS will not be called to and shall not render any services during any of the followingtimes:(1) rehearsals within the elapsed thirteen (13) or twelve (12) hour period;(2) rehearsals after evening performance.(f)(g)(h)(i)(j)Any rehearsal may be called, counted, and compensated for in one-quarter (1/4) hourincrements.Compensation for rehearsals shall commence from the time of the scheduled call for suchrehearsals and conclude at the time of the actual dismissal.When costume and/or hair is required for any stage rehearsal, ARTISTS shall be called andcredited for fifteen minutes [1/4 hour] preparation time. Such time shall be credited towardhours worked in a day and shall not infringe upon break time, rest time, or turnaround time.Should any infringement occur, ARTISTS shall be compensated at the Overtime Rate foreach half-hour [½ hour] or fraction thereof, regardless of whether the number of hoursworked that day exceed the maximum number of hours.There will be no waiver of the rehearsal provisions and ARTISTS will not be called to andshall not render any services during periods that would require such a waiver. ARTISTS willnot be called to and shall not render any services on Free Days. Any service requested byTHE ATLANTA BALLET on a Free Day shall be paid for at the Concession Rate with aminimum two (2) hour call and payable thereafter in one quarter (1/4) hour increments. THEATLANTA BALLET may schedule two (2) other consecutive Free Days in the event ofextraordinary circumstances with one (1) week’s prior notice given.There shall be no doubling of rehearsals.21. REHEARSALS DURING REHEARSAL WEEKS (for ARTISTS on Weekly or GuaranteedEmployment Basis)(a)(b)During Rehearsal Weeks the ARTIST may not be called upon to render services more than(30) thirty hours per week [thirty-four (34) hours per week during technical weeks] or morethan six (6) hours in any one (1) day. Any service may be called, counted, and compensatedfor in one-quarter (1/4) hour increments, unless otherwise expressly provided for in thisAgreement. If the ARTIST is dismissed from rehearsal and is called for further rehearsalwithin one (1) hour of the time of such dismissal, then such intervening time betweendismissal and recall shall be counted as if the ARTIST had rehearsed.If the ARTIST shall be called or required to render services more than thirty (30) hours perweek [thirty-four (34) hours per week during technical weeks] or more than six (6) hours perday during a five-day week, he/she shall be paid additional compensation of not less than thehourly Overtime Rate for each such additional service in one-quarter (1/4) hour increments.It is further agreed that spill-over overtime rehearsal as defined herein, will be paid for at notless than the hourly Overtime Rate for each additional service in one-quarter (1/4) hourincrements.22

(c)(d)(e)The ARTIST will never be required or asked to render services during a Free Day. Anyservice requested by the EMPLOYER on a Free Day shall be paid for at the Concession Ratewith a minimum 2-hour call and payable thereafter in one-quarter (1/4) hour increments.THE ATLANTA BALLET may schedule two (2) other consecutive Free Days in the eventof extraordinary circumstances with one (1) week’s prior notice given.The ARTIST may not be called or required to render services sooner than thirteen (13) hoursfollowing the end of the last preceding rehearsal period. If the ARTIST is called or requiredto render services within the thirteen (13) hour period, he/she shall be compensated for suchrehearsal at the appropriate hourly Concession Rate payable in one-quarter (1/4) hourincrements.The schedule during rehearsal weeks shall be as follows:(1) The first service begins not sooner than 11:00 A.M.,(2) 1 hour lunch break and all services shall end not later than 7:00 P.M.(3) In the event of extraordinary circumstances, THE ATLANTA BALLET mayexpand or split the work day with at least two (2) week’s notice to the ARTISTS.THE ATLANTA BALLET further agrees to provide a second company class for allexpanded or split span work days.(f) For each eight (8) weeks of employment, THE ATLANTA BALLET may schedule one (1)6-day work week.(1) The limit of thirty (30) hours per week and five (5) hours per day, with the firstservice beginning no earlier than 11:00 A.M. and ending no later than 6:00 P.M.,shall prevail in all such six-day work weeks.(2) In the event of extraordinary circumstances, THE ATLANTA BALLET mayexpand or split the work day with at least two (2) week’s notice to the ARTISTS.(3) It is further agreed that such six day work weeks will never be scheduled back-toback.(g)Except in cases of emergency, ARTIST shall inform THE ATLANTA BALLET as soon aspossible, and not later than 10:00 A.M. on any day that ARTIST, due to illness, injury orother unforeseen circumstance, will be unable to render any service for which he or she iscalled that day.22. REHEARSALS - MINIMUM GUARANTEE(a)(b)ARTISTS will have a minimum of not less than seven (7) studio days of rehearsal prior tothe first performance of each contractual year. Any lay offs of three (3) or more weeks willrequire not less than five (5) studio days, whenever possible, prior to any performance.Class shall be made available to all ARTISTS two (2) weeks prior to the first scheduledRehearsal Week of the season and following a layoff of three (3) weeks or more.23. FREE DAYS AND HOLIDAYS(a)During each five (5) day Rehearsal Week, each ARTIST will receive two (2) consecutiveFree Days, Sunday and Monday, as defined herein except in the event of extraordinary23

circumstances, in which case, with one (1) week’s prior notice, THE ATLANTA BALLETmay schedule two (2) other consecutive Free Days or except under circumstances describedin Paragraph 21 (e).(b)(c)(d)Each Performance Week shall have one (1) Free Day in each Monday through Sunday week.The Free Day shall occur not later than the tenth (10th) day following the immediatelypreceding Free Days.ARTISTS may not be required to render services and/or perform on the following legalholidays: New Year's Day, Martin Luther King Day, Easter Sunday, Memorial Day,Independence Day, Labor Day, Thanksgiving, and Christmas. All such legal holidays shallbe in addition to the regularly scheduled Free Days. If the ARTIST is required to perform orrender services on a legal holiday or if the holiday is scheduled to be the regular Free Day,the ARTISTS shall receive an extra Free Day within the succeeding or preceding two (2)week period of employment except New Year's Day, Martin Luther King Day,Thanksgiving, and Christmas which shall have the extra Free Day scheduled within thesucceeding or preceding four (4) week period of employment. If an alternate Free Daycannot be scheduled ARTISTS will be compensated at one-sixth (1/6) of the weekly salary.For tours which are in excess of twenty-one (21) days, THE ATLANTA BALLET shalldesignate the Free Day on the first business day or a mutually agreeable day immediatelyfollowing the Company's return to the City of Origination.24. REHEARSAL CONDITIONS - GENERAL PROVISIONS(a)(b)(c)THE ATLANTA BALLET agrees not to schedule rehearsals which require an ARTIST to beavailable for any two (2) rehearsals occurring at the same time. In the event THEATLANTA BALLET schedules such rehearsals, the situation shall be correctedimmediately. It is further agreed that clocks will be immediately installed in all rehearsalstudios.Within the first four (4) hours of rehearsal each ARTIST shall receive sixty (60) consecutiveminutes Rest Time. The maximum number of consecutive hours of rehearsal for which anARTIST may be called is three (3) hours. The ARTIST will not be required to render anyservice during the one hour rest period.The ARTIST shall be given one five (5) minute break during each hour of rehearsal. SeeParagraph 20 (a) (4). For each rehearsal consisting of ninety (90) minutes of service,ARTISTS will receive one (1) ten (10) minute break. It is understood that it is theresponsibility of the artistic staff and not the union (AGMA) to call dancer breaks during allrehearsals, and to notify the choreographer/choreologist when it is time for break. It is theresponsibility of THE ATLANTA BALLET to inform guest choreographers of AGMA workrules, including the necessity of breaks during rehearsals during rehearsal and performanceweeks.(d) ARTISTS must have one and one-half (1-1/2) hours off between rehearsals called at two (2)different studio or theater locations if such locations are more than one-half (1/2) mile apart.(e)THE ATLANTA BALLET shall use best efforts to ensure that anyone who is designatedto learn a part in a ballet (whether as a performer or as a cover) shall be notified of his/herpart (or cover) designation prior to the first rehearsal of that ballet and ARTISTS shall beprovided with adequate rehearsal time for all new or not-previously performed roles.Casting shall be posted on the call boards and marked "subject to change."24

(f)(g)(h)(i)(j)(k)(l)(m)(n)A Stage Manager or ATLANTA BALLET representative will be present at all times whenthe Company is rehearsing in the theater and at all Lecture/Demonstrations. Thisrepresentative will be responsible for the floor condition, heating, adequate lighting and forcalling breaks and keeping exact time records with regard to commencement and dismissal ofrehearsals. THE ATLANTA BALLET agrees that an official management representativewith authority and decision making power will accompany the ARTISTS on all tours.Smoking, eating and drinking beverages other than water by either Dancer, Stage Crewand/or all management personnel shall be prohibited in any space where a class, rehearsaland/or performance is being held.All Dress Rehearsals or rehearsals requiring make-up must include a two (2) hour restinterval prior to the half hour call.THE ATLANTA BALLET shall be responsible for the upkeep and maintenance of rehearsalfacilities, including lounge and bathroom facilities as necessary throughout the day. Inaddition, THE ATLANTA BALLET shall provide for the extermination of rodents andinsects when their presence is evident.Any rehearsal may be called, counted, and compensated for in one-quarter (1/4) hourincrements.Consistent and adequate lighting will be provided for all classes and rehearsals.Any performance weeks that include a technical rehearsal in the performance space shall notexceed the requisite thirty-four (34) hours.Any ARTIST required to be in costume for a studio rehearsal, or required to wear part of acostume for safety, technical or other reason, shall be allowed adequate time within therehearsal to get in and out of costume. Such time shall not infringe on any break time, resttime, or mealtime. If an infringement occurs, it shall be compensated at the Overtime Ratefor every quarter [1/4] hour or fraction thereof.In the case where there has not been assigned partnering [i.e., auditioning for achoreographer, first rehearsal of a new or newly staged work, or similar situations],ARTISTS shall initially partner according to like position within the Company [e.g.,Company members with each other, Apprentices with each other, ABCDE Students witheach other]. It shall be the responsibility of the Artistic Staff at the beginning of any new orrestaged work to execute this concept or to assign partners accordingly.25. POSTING OF REHEARSAL AND PERFORMANCE SCHEDULES AND CASTING(a)Rehearsal and Performance Schedules(1) A call board shall be provided in each place where rehearsals are regularlyscheduled, and all notices concerning rehearsals shall be posted thereon.(2) During all Rehearsal and Performance Weeks the complete and detailed dailyschedule shall be posted by 4 PM two (2) working days in advance of thecorresponding rehearsal day. If changes to the daily schedule are necessary, theycan be made no later than 12 PM (noon) one (1) working day prior to thecorresponding rehearsal day.(3) If the ATLANTA BALLET does not abide by the foregoing (1) and (2) above, or25

any part thereof, the ARTIST shall be exonerated for any lateness or missing ofrehearsals occasioned thereby. In addition, for each day the ATLANTABALLET delays or misses posting the schedule, the ATLANTA BALLET willcontribute one hundred dollars ($100.00) to the Dancers’ Resource Fund.(4) If due to an emergency, the ATLANTA BALLET must make a change in therehearsal schedule, the ATLANTA BALLET shall notify the ARTISTS bytelephone or in person within one-half (1/2) hour after curtain down on aperformance day or Dress Rehearsal day or prior to 9:00 P.M. on a rehearsal day ofsuch changes in the rehearsal schedule for the following day. ARTISTS shall beexonerated for any lateness or missing rehearsals unless such notification shall occur.If an ARTIST, without giving prior notice, fails to attend a scheduled rehearsal, forwhich he/she had timely notice of, the ATLANTA BALLET may alter the schedulefor that day to accommodate his/her absence, after discussion with the Delegates.(5) If the ARTIST is dismissed from a scheduled rehearsal in progress, such actualtime rehearsed shall be counted in one quarter (1/4) hour increments.(b)Casting(1) Revivals and Existing Works - Full Basic Casting (showing all ARTISTS cast andcovering), which may be subject to change, will be posted no later than one (1)week after the start of rehearsals for that work.(2) New Works by a Choreographer – Full Basic Casting shall be posted no later thanhalf way through the total number of weeks allotted for rehearsals with thechoreographer for such work, which is subject to change.(3) Final Casting – Whether it is a revival as in (1) above, or a new work as in (2) above,complete and detailed casting with performance dates will be posted no later than12 PM (noon) twelve (12) days prior to the first performance of that work. Foreach day after the mandatory notice should have been posted, that theATLANTA BALLET delays or misses cast posting, the ATLANTA BALLETwill contribute one hundred dollars ($100.00) to the Dancers’ Resource Fund.(4) If due to an emergency or to unforeseen and unavoidable circumstances it isnecessary to make changes after such posting, they shall be made by theATLANTA BALLET upon personal notification to each ARTIST involved, nolater than twenty four hours in advance of performance, or in the case of anemergency, as soon as it is known to the ATLANTA BALLET.(5) THE ATLANTA BALLET shall have listed in the program distributed to theaudience, or on a reader board in the main lobby, or have announced to the audience,the names of all ARTISTS who perform leading roles, as designated by the ArtisticDirector.(6) In the event changes (other than corps dance roles) occur in the cast, a program insertor reader board, or announcement shall be made to the audience.(7) If a choreographer is coming in to view the ARTISTS for the purpose of casting,or as a preliminary viewing before a formally scheduled audition, THEATLANTA BALLET shall give the ARTISTS written notice at the beginning ofthe week in which the choreographer will be viewing the ARTISTS. However,26

in no circumstance will the ARTISTS have less than forty-eight (48) hoursadvance notice.(c)(d)If ATLANTA BALLET has less than three violations of the Scheduling requirement of(a)(2) or of the Casting requirement in (b)(3) above in a performing season, AGMA willwaive the penalty, applicable for such violation, for the season immediately followingthat season.The program of dance pieces, including casts, to be performed in the following week shall beposted on the bulletin board one (1) week in advance. Any change in casts following suchposting shall be made by THE ATLANTA BALLET upon personal notification to eachARTIST involved twenty-four (24) hours in advance of performance, except in the case ofemergency.26. GUARANTEED EMPLOYMENT(a)Definition - THE ATLANTA BALLET and AGMA agree that the term "GuaranteedEmployment", (and engagement on Guaranteed Employment Basis as used in “Exhibit 1”hereto) shall mean employment of a Company Member by THE ATLANTA BALLET,whereby THE ATLANTA BALLET shall guarantee each ARTIST engaged on a GuaranteedEmployment Basis:(1) A minimum of thirty –five (35) weeks over a forty-six (46) week span. No ARTISTwill be employed at a position, salary, or seniority less than that of the seasonimmediately preceding, for each year of employment covered by this Agreement.(2) There shall be a minimum of twenty-one (21) Company Dancers and a minimum offour (4) Apprentices and a maximum of six (6) Apprentices employed by THEATLANTA BALLET in each season covered by this Agreement.(b)(c)(d)Outside employment - STANDARD ARTIST’S CONTRACT OF EMPLOYMENT(Dancers) notwithstanding, it is agreed that any ARTIST may accept outside employmentduring the season as long as it does not conflict with any scheduled performances andrehearsals. No ARTIST will be discriminated against or removed from any casting foraccepting any such additional outside employment. The ARTIST is required to report anydance related employment during lay off weeks to the Artistic Director. The Artistic Directorreserves the right to allow the name THE ATLANTA BALLET to be used for publicitypurposes, in conjunction with ARTIST’S non related ATLANTA BALLET employment.Rehearsals in City of Origination - When all ARTISTS under Guaranteed Employmentcontracts have commenced rehearsals prior to the Fall season, any Rehearsal Weeks in theCity of Origination at any time subsequent thereto shall include all ARTISTS engaged on aGuaranteed Employment Basis by THE ATLANTA BALLET who have alreadycommenced rehearsals.THE ATLANTA BALLET shall provide ARTISTS a tentative schedule for the followingseason by the end of the preceding season, it being understood by the ARTISTS and by THEATLANTA BALLET that such schedule is subject to change. The schedule should includethe number and the dates of guaranteed workweeks, [identified as either rehearsal weeks orperformance weeks] and the number and dates of the layoff weeks. THE ATLANTABALLET shall give eight [8] weeks advance written notice to the ARTISTS of any changesregarding guaranteed weeks and layoff weeks.27

27. SUSTENANCE PAYMENT DURING TRAVELIf an ARTIST under any type of employment contract who is required to travel or be outside the City ofOrigination at any time during the week which is neither a Rehearsal Week nor a Performance Week, he/sheshall be paid not less than the applicable meal money as set forth in Paragraph 15 (d) (5) for each day(beginning at midnight and ending the following midnight) or part thereof, and THE ATLANTA BALLETwill provide and pay for hotel accommodations and travel. Overseas and/or foreign per diem shall benegotiated and contracted on a separate Overseas Rider.28. TRANSPORTATION - GENERAL PROVISIONS(a)(b)(c)(d)(e)(f)THE ATLANTA BALLET shall submit to AGMA and to the AGMA delegates a proposeditinerary of any tour and shall submit in writing to AGMA a statement concerning theproposed method of transportation to be used during the tour. Both the itinerary and thetransportation arrangements shall be subject to change. Both such reports shall be submittedat least thirty (30) days preceding the first (1st) day of any tour. The AGMA delegates willeach receive a copy of the most up to date itinerary not later than two (2) weeks prior to thedeparture date. Two (2) copies of the tour itinerary will be made available to each ARTISTnot later than one (1) week prior to the commencement of the tour. Mail will be forwardedfrom the company office to the ARTISTS on tour every two (2) weeks.Whenever any ARTIST shall work for THE ATLANTA BALLET outside the City ofOrigination, THE ATLANTA BALLET shall provide and pay for suitable and appropriatetransportation and accommodations. THE ATLANTA BALLET will pay for transportationof such ARTIST from the City of Origination to such point or points outside and theARTIST’S return transportation to the City of Origination. THE ATLANTA BALLET shallnot require any ARTIST to use his/her own vehicle for travel outside the City of Origination.At ATLANTA BALLET’S discretion, an ARTIST may be asked to drive a rental car or usehis/her own vehicle. If ARTIST agrees to use his/her own vehicle for that purpose, THEATLANTA BALLET shall reimburse the ARTIST at the allowable IRS rates. THEATLANTA BALLET will continue its past practice of engaging quality transport and whereavailable recognizable national hotel chains.THE ATLANTA BALLET also agrees to pay, upon presentation of receipts, for alltransportation charges which may be required of the ARTIST by THE ATLANTA BALLETduring the course of a trip.THE ATLANTA BALLET agrees, that in the event the ARTIST while on tour shall berequired to perform or rehearse in any town at a place further than one-half (1/2) mile from acentral point near where the majority of the ARTISTS shall be quartered, then transportationto and from such place be provided for all ARTISTS by THE ATLANTA BALLET at itsown expense. If the ARTIST is scheduled for rehearsal outside the theater of performance,THE ATLANTA BALLET will grant the ARTIST sufficient time to allow the ARTISTtravel time to reach the theater of performance.No travel shall commence between midnight and 7:00 A.M. Travel commencing prior tomidnight but ending after midnight shall be followed by twelve (12) hours rest before thenext service unless delays have been caused by events over which THE ATLANTABALLET has no control. When on tour outside the City Of Origination, no travel shallcommence until two and one half (2 ½) hours after a performance, except when returning tothe City Of Origination.THE ATLANTA BALLET will pay overtime beyond ten (10) hours in a day, if THEATLANTA BALLET or its travel agent(s) schedules travel in excess of ten hours, in one-28

quarter (1/4) hour segments. ARTISTS required to render services or perform after theeighth (8th) hour of required service on a travel day shall be compensated at the OvertimeRate. Travel will be counted from baggage call to arrival location, such time to include lunchstops and rest stops. Baggage call may be prior to 7:00 A.M. without penalty. THEATLANTA BALLET will not be responsible for payment of the overtime travel penaltycontained in this Paragraph if the excess travel time was due to inclement weather,mechanical failure, traffic accidents, or unforeseen delays caused by emergency securitymeasures beyond the control of THE ATLANTA BALLET. Overseas travel will bediscussed and negotiated on a case by case basis on an Overseas Rider.(g)(h)(i)(j)(k)(l)(m)THE ATLANTA BALLET will not schedule or request that the ARTIST be at service lessthan three (3) hours after the scheduled arrival time except when scheduled travel time is lessthan two (2) hours, then the ARTIST will receive not less than sixty (60) consecutive minutesof rest time. No travel shall commence less than two and one-half (2 ½) hours after aperformance, except when returning to the City Of Origination.In the event of inclement weather or if the route between the hotel and the theater isdetermined to be unsafe by the company manager, transportation will be provided and paidfor, for the ARTISTS to the hotel/theater. Similarly, if there are not eating accommodationsavailable, THE ATLANTA BALLET shall make provisions to transport ARTISTS to andfrom a restaurant or provide service of food.Bus Standard - THE ATLANTA BALLET agrees to maintain the past practice of qualitytransportation by such bus lines as Gray Line, American Coach, or comparable qualitycarrier, with heating and ventilating facilities in working order and with toilet facility whentrip is scheduled to exceed one (1) hour. In the event that the bus used to commence a tourrequires replacement because of an emergency, such replacement bus shall meet the samestandards as to seating capacity, luggage facilities, ventilation and heating and airconditioning facilities as in the initial bus. THE ATLANTA BALLET will not be responsiblefor payment of the overtime travel penalty contained in this paragraph if the excess traveltime is due to mechanical failure, inclement weather, or delays in departure or arrival overwhich THE ATLANTA BALLET has no control.Lunch Stop and Rest Stops - THE ATLANTA BALLET agrees that where an ARTIST isrequired to travel by means of bus, the ARTIST will have a lunch stop of one (1) hour afterapproximately four (4) hours of travel and a rest stop of twenty (20) minutes after eachperiod of approximately two (2) hours of travel unless waived by the ARTISTS, otherwiseARTISTS shall be compensated at the Overtime Rate.Air travel shall be timed from the time of travel call until arrival at destination hotel and is toinclude all waiting time at terminals as well as ground transportation time at both ends of theflight and the same applies returning to City of Origination and ground transport waiting timeunless delays were due to inclement weather, mechanical failure or traffic accidents overwhich THE ATLANTA BALLET has no control. Baggage call may be prior to 7:00 A.M.without penalty.Should departure by airplane be delayed due to any conditions, adequate accommodationsshall be provided for all ARTISTS including hotel rooms between one after 12:01 A.M. and7:00 A.M. in convenient nearby hotel(s) where the entire company can be assembled for theflight simultaneously.Travel on a Free Day - ARTISTS shall not be called to travel on a Free Day.29

(n)Travel between 12:00 Midnight and 7:00 A.M. - ARTISTS will not be called to and shall notrender any services between 12:00 midnight and 7:00 A.M. during any travel, including runouts.AGMA agrees that it shall waive the provisions of this sub-paragraph provided that THEATLANTA BALLET submits to AGMA, two (2) weeks prior to any contemplated travel, aschedule of public transportation which proves that there is no available transportationleaving after 7:00 A.M. and arriving before midnight as circumscribed in the aboveparagraph fulfilling all the customary conditions of travel by THE ATLANTA BALLET.(o)(p)Method of Transportation - Where railroad, bus, car and/or airplane transportation is used,the special provisions set forth under Paragraphs 29, 31 and 32 respectively shall beapplicable.Theater Cases, see Paragraph 34(e, k).29. RAILROAD TRAVEL, CONDITIONS OF(a)(b)Pullman Berth to be provided - in the event that railroad transportation or any part thereofshall take place between the hours of midnight and 7:00 A.M. Where the circumstances setforth in the preceding sentence do not occur, then the ARTIST shall receive the difference inmoney between the fare actually paid by THE ATLANTA BALLET for the ARTIST and thecost of such individual Pullman sleeping lower berth.Coach Seats - THE ATLANTA BALLET shall make every effort to assure each ARTISTregular seating facilities in any train where such transportation is by coach service.30. BOAT TRAVEL, CONDITIONS OFThere shall be no boat travel.31. BUS TRAVEL, CONDITIONS OF(a)(b)(c)ARTISTS required to travel more than ten (10) hours in one (1) day shall be compensated atthe Overtime Rate in one-quarter (1/4) hour segments. ARTISTS required to render servicesor perform after the eighth (8th) hour of required service on a travel day shall becompensated at the Overtime Rate. Travel will be counted from baggage call to arrivallocation, such time to include lunch stops and rest stops. Baggage call may be prior to 7:00A.M. without overtime. THE ATLANTA BALLET will not be responsible for payment ofthe overtime contained in this Paragraph if the excess travel time was due to inclementweather, mechanical failure or traffic accidents.Between arrival and the next scheduled rehearsal there shall be a full three (3) hour restperiod; however, in the last sixty (60) minutes class may take place. If THE ATLANTABALLET shall violate the provisions in this paragraph, THE ATLANTA BALLET agrees tocompensate each ARTIST at the hourly Overtime Rate for each hour or fraction thereof foreach such violation. When traveling from the City of Origination, the three (3) hour restperiod shall not apply when the distance traveled is twenty (20) miles or less from 1400 WestPeachtree, Atlanta, Georgia, or if the time traveled is one and one-half (1-1/2) hours or less.Proof of Insurance - THE ATLANTA BALLET agrees to submit proof to AGMA, inwriting, that the carrier company carries liability insurance of a minimum of ONE MILLION($1,000,000) DOLLARS for the ARTISTS engaging in travel. Proof of such insurance will30

e posted on the company bulletin board two (2) weeks prior to the commencement of anytravel by bus.(d)Should the ARTISTS not receive a full hour lunch stop, ARTISTS shall be compensated atthe Overtime Rate, unless this provision is waived by the ARTISTS.32. AIRPLANE TRAVEL, CONDITIONS OF(a)(b)(c)(d)(e)(f)(g)In the event THE ATLANTA BALLET chooses to transport the ARTISTS by airplane,AGMA will approve flights upon regularly scheduled airlines which are IATA approved.THE ATLANTA BALLET agrees to purchase insurance on the life of each ARTIST duringsaid airplane travel. [See Paragraph 39 (b)].Air travel shall be timed from the time of baggage call until arrival at destination hotel and isto include all waiting time at terminals as well as limousine transit time at both ends of theflight and the same applies returning to City of Origination and including all delays atterminals, limousine transport, etc. Baggage call may be prior to 7:00 A.M. without penalty.THE ATLANTA BALLET will not be responsible for payment of the overtime travelpenalty contained in this paragraph if the excess travel time was due to inclement weather,mechanical failure, or delay in departure or landing of the aircraft over which THEATLANTA BALLET has no control.Should departure by airplane be delayed due to any conditions, adequate accommodationsshall be provided for all ARTISTS including hotel rooms between 12:01 A.M. and 7:00A.M. in convenient nearby hotel(s) where the entire company can be assembled for the flightsimultaneously.Between arrival and the next scheduled rehearsal there shall be a full three (3) hour restperiod, however, in the last sixty (60) minutes class may take place. The time off will becounted from the time of arrival at hotel. If the ARTIST is called upon to perform or renderany service for THE ATLANTA BALLET during the established rest period followingflight, the ARTIST shall be paid at one-quarter (1/4) the hourly Overtime Rate for each onequarter(1/4) hour or part thereof that the rest period is violated.ARTISTS required to travel, render services and/or perform 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 render services or perform after the eighth (8th) hour of requiredservice on a travel day shall be compensated at the Overtime Rate. THE ATLANTABALLET will not be responsible for payment of the overtime travel penalty continued in thisparagraph if the excess travel time was due to inclement weather, mechanical failure, or delayin departure or landing of the aircraft of which THE ATLANTA BALLET has no control.33. PERFORMANCE AND REHEARSAL CONDITIONSTHE ATLANTA BALLET agrees to the following:(a)Prior to the commencement of rehearsals and performances, all stage and rehearsal spacesmust be inspected by the Stage Manager. These spaces must be approved and not deemeddangerous by the Stage Manager. Subsequently, all complaints received by THEATLANTA BALLET and/or AGMA shall be investigated and mutually resolved by THEATLANTA BALLET and AGMA.31

(b)(c)(d)(e)(f)At all times temperature in rehearsal hall, studio, performance hall and dressing rooms shallnot be less than sixty-eight (68) degrees Fahrenheit or exceed ninety (90) degrees Fahrenheit.This required temperature shall be achieved no less than fifteen (15) minutes prior to thescheduled activity, and no ARTIST shall be required to render services when theaforementioned temperature ranges are not met. This guideline shall apply to changingrooms, fitting rooms, photography studios and all other locations in which the ARTIST mustwork and/or render services. In the event the temperature exceeds ninety (90) degrees in anoutdoor venue, the performance will not take place without consent of the ARTISTS. If thetemperature is eighty-five (85) degrees or above, THE ATLANTA BALLET will providewater, "Power Ade" or like drink and install fans in the wings and dressing rooms.Dressing spaces on the Stage Floor or as close to the stage floor as possible will be providedto all ARTISTS. There shall be adequate dressing rooms to include dressing space withseating space and sinks, and bathroom facilities for as many dancers as are performing.THE ATLANTA BALLET agrees to compile a listing of doctors (suitable for treating thetypes of strain-injury usually sustained by dancers) in each city and town in which thecompany is scheduled to perform. The list of the doctors' names shall be listed on the tourschedule plus all other necessary information (i.e. banks).Crossovers must be sufficiently lighted and uncluttered so as to prevent accidents andfacilitate quick crossovers.Rehearsal, dressing room and performance facilities:(1) In each theater there must be adequate dressing room space and enough chairs andmirrors in each dressing room for as many dancers/artists as are performing, as wellas reasonably accessible toilets and washing facilities backstage for both men andwomen.(2) All rehearsal and dressing rooms shall be thoroughly cleaned.(3) If hot water and shower facilities are not available, body make-up will not berequired.(4) THE ATLANTA BALLET agrees to provide piano accompaniment for all classesand scheduled rehearsals whenever possible.(5) THE ATLANTA BALLET agrees to provide on tour sufficient barres for stage andfor every warm-up.(6) During half (1/2) hour prior to curtain going up, the stage or adjacent space will befree for use by the ARTISTS whenever possible.(7) Filtered water shall be provided to the ARTIST for all rehearsals and performances.(g)(h)THE ATLANTA BALLET will use best efforts to provide warm-up space including properfloor and barres during all performances if no additional costs are incurred.Off Site Cultivation Events – [See Paragraph 14 Definitions] All terms and conditions of thisParagraph 33 (a) – (g) and of Paragraph 56 -Theater Safety, shall apply to Off SiteCultivation Events when physically possible. Notwithstanding, the following additionalconditions shall apply to Off Site Cultivation Events:32

(1) Site Inspection – Prior to the first rehearsal for such event the AGMA Delegates,together with the Choreographer and the Stage Manager, or another representative ofmanagement who is granted the authority to make decisions based on the Delegate’sconcerns, shall visit the site to inspect the space and to make recommendations onbehalf of the ARTISTS. All time shall be credited as time worked, including traveltime, as determined by the Stage Manager. AGMA waives the requirement forrest/preparation time upon arrival to the site, for this visit only, but does not waiveany earned break time as applied to the hours of work in a day.(2) Rehearsal – ARTISTS shall have one rehearsal in the actual space prior to the Event,but not on the same day as the Event. Credited time includes actual travel time, asdetermined by the Stage Manager, or another representative designated by theATLANTA BALLET, plus one half (1/2) hour preparation time immediately uponarrival, only if they are not required to wear make up or costumes. If an ARTIST isrequired to wear make up and costume the ATLANTA BALLET must provide suchhalf hour in addition to the half hour call for costume and make up. Stage Managershall be present at the rehearsal.(3) Performance – Off Site Cultivation Events shall be counted as rehearsal time in half(1/2) hour increments, if the Event occurs within the regular rehearsal span of day.If the Event occurs outside the span, such hours shall be compensated at theOvertime Rate in quarter (1/4) hour increments. ARTISTS shall be credited withtravel time plus half hour preparation time before the half hour call.• One (1) Delegate must be present at the event regardless of whether he/she iscast in the program. All time is credited as hours worked the same as thosecredited for the performers.• Stage Manager, or a representative so appointed by the ATLANTA BALLET,shall be present at the performance.(4) Safety – Floors, or any surfaces on which the ARTISTS perform, shall bethoroughly cleaned immediately prior to the ARTISTS rehearsing or performing inthe space and shall be inspected by the Delegates with the Stage Manager to ensurethe ARTISTS’ safety.(5) Shoes – ATLANTA BALLET will provide, at its expense and at the ARTISTS’request, suitable shoes that are appropriate for the performing space and the floorsurface, which are properly fitted and which will be assigned specifically to eachARTIST for such Events.34. COSTUMES, WIGS, SHOES AND MAKE-UP(a)(b)THE ATLANTA BALLET agrees to supply the ARTIST with all costumes, wigs, haircoloring, shoes, body make-up, and any special make-up and accessories for character roles,and all costume accessories (i.e., jewelry, fans, and so forth) prior to performances andrehearsals where required.One (1) week prior to the first week of employment, the ARTIST shall receive one (1) pair ofpointe shoes, one (1) pair slippers and additional pairs of pointe shoes and slippers as neededthereafter.33

(c)(d)(e)At the beginning of each season men will be provided with two (2) new dance belts and two(2) new T-shirts. Women will be provided with two (2) pair of new pink tights, two (2) newg-strings, one (1) pair of trunks, one (1) bra and one (1) leotard. Performance tights will fitARTISTS. If THE ATLANTA BALLET requests ARTIST to purchase his/her own items,EMPLOYER shall reimburse a monetary equivalent.All ARTISTS shall be outfitted with shoes for rehearsal and performance as needed. A copyof THE ATLANTA BALLET Shoe Policy and the Men's and Women's Shoe and TightsContracts are incorporated by reference and attached as "Exhibit 3" to this Agreement.Transport of theater cases and costumes(1) THE ATLANTA BALLET agrees that while on tour it will carry the ARTISTS’theater cases from point to point.(2) THE ATLANTA BALLET shall carry and distribute the ARTISTS’ theatre cases tothe dressing rooms or nearest proximity to dressing rooms no later than one hourprior to performance time.(3) All ARTISTS' costumes will be distributed in dressing rooms both on tour or in Cityof Origination no later than by half-hour call, and a wardrobe person will collecteach ARTISTS’ costumes after the performance and return the costumes to bepacked and stored.(4) ARTISTS shall not be required to distribute or pack their own costumes at any time.ARTISTS may be required to carry one (1) set of practice clothes in personalwardrobe in certain instances.(5) THE ATLANTA BALLET will purchase theater cases for ARTISTS, which cases itwill own and which cases the ARTISTS will return to THE ATLANTA BALLETwhen leaving their employment.(6) On tours that require air travel and the ATLANTA BALLET does not ship or truckcargo, the ARTIST shall be responsible to check their theater cases at the departureairport and claim them upon arrival at the destination airport.(f)(g)(h)THE ATLANTA BALLET agrees ARTISTS’ costumes will be cleaned at the beginning ofeach season and after fifteen (15) wearings of each costume thereafter. THE ATLANTABALLET agrees to launder all washable performance items (e.g. tights, trunks, dance belts,unitards, etc.) after each performance. THE ATLANTA BALLET agrees to furnish a T-shirtas part of each costume to all male ARTISTS to be worn under costume when appropriate.ARTISTS will never be required to wear unlaundered tights and washable performance itemsof another ARTIST under any circumstances. Washable attached trunks of costume shall belaundered/hand-washed after each wearing when costume is shared. Dry-cleanable costumesshall be spot-cleaned in the groin/crotch and arm-pit areas after each wearing when costumeis shared. All costumes will be dry cleaned at the beginning of the season.THE ATLANTA BALLET shall supply each ARTIST with wigs, beards, hair pieces and/orcostume jewelry that is required by THE ATLANTA BALLET to be worn by the ARTISTin any dance piece as well as socks necessitated by the costumes, which are to be distributedno later than one-half (1/2) hour prior to the performance.ARTIST, upon signing a STANDARD ARTIST’S CONTRACT FOR EMPLOYMENT,agrees to submit to THE ATLANTA BALLET in writing, their requirement for ballet shoes,34

including size, brand and special order, and THE ATLANTA BALLET agrees to place arequested order. ARTIST may change shoe order by resubmitting a written request to THEATLANTA BALLET. However, ARTIST must first use up all shoes from the previousorder before using shoes from the new order. All incorrect shoe orders will be returned tomanufacturer.(i)(j)In the event an ARTIST is requested to utilize his/her own wardrobe (i.e. street clothes, notdance clothes) for rehearsals and performances, THE ATLANTA BALLET agrees tocompensate each ARTIST $10.00 per rehearsal and per performance in addition to anyliability for damaged garments.Costumes for rehearsals(1) Non-dress rehearsals - Character skirts and practice tutus will be provided by THEATLANTA BALLET for rehearsals as needed.(2) Dress rehearsals: ARTISTS shall be provided with their complete performancecostumes.(k)THE ATLANTA BALLET shall arrange for full-time storage of theater cases which will bemade available to ARTISTS on a reasonable basis.35. COSTUME FITTINGS(a)Uncompensated costume fittings - THE ATLANTA BALLET is hereby granteduncompensated time for costume fittings as follows:Two (2) hours of costume fittings for a new dance piece, one (1) hour for any other dancepiece, per ARTIST, which may be counted or scheduled in fifteen (15) minute increments.Fittings may only occur during work spam, 11:00 A.M. to 7:00 P.M.(b)(c)(d)THE ATLANTA BALLET agrees that any additional hours or fraction thereof spent by theARTIST for costume fittings above those provided for in the preceding subparagraph shall beconsidered rehearsal time and compensated at the Overtime Rate. Costume fittings may becalled, counted and compensated for in fifteen (15) minute increments.ARTISTS will not be called to nor shall they have costume fittings on a Free Day.No costume fitting shall be permitted on a two (2) performance day, unless the ARTIST iscompensated at the Overtime Rate in one-quarter (1/4) hour increments.36. PUBLICITYWhile ARTISTS are under contract all publicity is controlled by THE ATLANTA BALLET. ARTISTS shallcooperate by providing publicity information to THE ATLANTA BALLET. ARTISTS shall notcommunicate with the media about work related subject matter without coordinating with THE ATLANTABALLET.37. PHOTOGRAPHY(a)(b)No photo calls shall be permitted on a two (2) performance day.THE ATLANTA BALLET agrees that if it shall require any ARTIST to pose forphotographs of regular dance pieces for the purpose of publicizing and advertising35

performances of THE ATLANTA BALLET, that ARTIST shall receive at least twenty-four(24) hours notice of such photographing, unless for "hard news." Photography or waitingtime shall be compensated for at the appropriate rehearsal rates.(c)(d)(e)(f)(g)(h)(i)(j)The ARTIST will not be required to pose for photographs on the ARTIST’S Free Day.Individual pictures used in souvenir booklets shall be mutually acceptable to the ARTISTand THE ATLANTA BALLET. ARTISTS' names shall appear along with all solo and duophotos on THE ATLANTA BALLET brochures and publicity materials.All photos which are used for publicity purposes in any document which is solely under THEATLANTA BALLET’S control which have two (2) ARTISTS or less shall be mutuallyacceptable to the ARTISTS involved and THE ATLANTA BALLET and shall carry the line:"Please credit Dancers - (Dancers' names)". If ARTISTS fail to show up upon request toapprove photographs, THE ATLANTA BALLET shall consider said photographs approvedwithout the consent of the ARTIST.Photographs or other reproducible likenesses of ARTISTS paid for by THE ATLANTABALLET may be used on promotional items offered for sale to the public which promote thename of THE ATLANTA BALLET, the name of the ARTIST or the art form of dance. Suchitems or likenesses may not be licensed to third parties without written consent of ARTISTS.All ARTISTS shall have the right of approval of individual photographs of themselves (andany accompanying biographical sketch) used by THE ATLANTA BALLET in THEATLANTA BALLET'S souvenir program. THE ATLANTA BALLET will make availablefor purchase at a nominal fee any photos taken of said ARTIST by THE ATLANTABALLET for public relations, marketing or any other purpose.It is agreed that photographing, including waiting time, make-up time and travel incidentalthereto, will be counted as rehearsal time and, if applicable, the appropriate Overtime Rateshall be paid to the ARTISTS. Prior to all photo calls there shall be a forty-five (45) minutepreparation time, which does not include travel time, if applicable.Unless ARTISTS are notified on official company callboard pertaining to "officialphotographers", under no circumstances will photographers be permitted on stage (except inthe event of "hard news," in which case notification will be given over the intercom and atcall times), in the wings or any corridors leading to the stage. This prohibition shall apply inall theaters where the ARTISTS perform.THE ATLANTA BALLET agrees to enter into an agreement with photographers regardingthe taking of photographs of ARTISTS with the intent of protecting the rights of THEATLANTA BALLET and the ARTISTS.38. SOCIAL SECURITY, WORKER'S COMPENSATION INSURANCE ANDUNEMPLOYMENT INSURANCE(a)THE ATLANTA BALLET must carry at its expense adequate Worker's CompensationInsurance, securing to all of the ARTISTS, wherever they may work for THE ATLANTABALLET, compensation for disability or death from injury arising out of, and in the courseof, their employment without regard to fault as a cause of the injury, except that there shall beno liability for compensation when the injury has been solely occasioned by intoxication of36

the injured ARTIST while on duty, or by willful intention of the injured ARTIST to bringabout the injury or death to himself or another.(1) At any time during an ARTIST’S period of employment with THE ATLANTABALLET other than a lay-off period, ARTIST shall not perform any engagementoutside his/her STANDARD ARTIST’S CONTRACT FOR EMPLOYMENT withTHE ATLANTA BALLET without first entering into a release agreement with THEATLANTA BALLET, and without first signing a worker's compensationacknowledgment, which shall be substantially in the form set forth in “Exhibit 4”.(2) During any period in which ARTIST is on lay-off, ARTIST shall not perform anyengagement outside his/her STANDARD ARTIST’S CONTRACT FOREMPLOYMENT with THE ATLANTA BALLET without first signing a worker'scompensation acknowledgment, which shall be substantially in the form set forth in“Exhibit 4.”(b)(c)(d)THE ATLANTA BALLET agrees to obtain coverage for all ARTISTS employed hereunderas permitted under the laws of the State of Georgia.THE ATLANTA BALLET agrees to elect to continue to cover all ARTISTS herein underthe Social Security laws of the United States and to execute and file the necessary formsrequired to obtain such coverage and, thereafter, as required by the laws, to make the propercontributions under the terms of the laws.The contribution made by THE ATLANTA BALLET for Unemployment Insurance orSocial Security tax purposes shall be based upon the compensation provided for in theSTANDARD ARTIST’S CONTRACT FOR EMPLOYMENT or the actual grosscompensation paid to the ARTIST, whichever shall be greater. No reference shall be madeto amounts declared as exempt for Federal Income Tax Withholding purpose in determiningwhat constitutes gross compensation for purposes of Unemployment Insurance and SocialSecurity.39. HEALTH (MEDICAL COVERAGE) AND LIFE INSURANCE(a)Health (Medical Coverage)AGMA acknowledges the existence of THE ATLANTA BALLET’S current health plan ineffect and THE ATLANTA BALLET agrees to execute all documents relating to itsobligation under this plan.It is further agreed that in the event THE ATLANTA BALLET is desirous of switching toanother plan, such contemplated plan will be comparable or superior to the current plan.THE ATLANTA BALLET agrees to provide health/medical insurance on behalf of eachARTIST according to the following terms and conditions:(1) THE ATLANTA BALLET shall pay one hundred percent (100%) of the total costof health/medical insurance for basic HMO coverage continuously and withoutinterruption through the term of the STANDARD ARTIST’S CONTRACT OFEMPLOYMENT. The differential in any upgrade in medical coverage above basicHMO coverage will be paid for by the ARTIST and deducted from the ARTIST’Spaycheck. Health/medical insurance will take effect one month after ARTISTinitially begins employment with THE ATLANTA BALLET. In the event THEATLANTA BALLET and the ARTISTS have entered into a STANDARD37

ARTIST’S CONTRACT FOR EMPLOYMENT for the following season, prior tothe expiration of current contract or during a lay-off during a contracted period, THEATLANTA BALLET shall provide and pay total cost for the basic HMO coveragecontinuously and without interruption for the length of the interim period. Anyupgrade in medical coverage above basic HMO coverage will be the responsibilityof the ARTIST for said interim period.(2) Dental –THE ATLANTA BALLET shall pay one hundred per-cent (100%) ofthe cost of dental insurance for all ARTISTS during the term of this Agreement.Any upgrade in dental coverage above basic HMO coverage will be theresponsibility of the ARTIST for said interim period. THE ATLANTA BALLETdoes not provide health/medical insurance for ARTISTS whose actual yearlyemployment with THE ATLANTA BALLET is less than thirty two (32) weeksin its fiscal year.(3) Should ARTIST fail to return for the succeeding employment year, he/she shall beheld responsible for the total reimbursement of any expenditures made for insurancepremiums on his/her behalf by THE ATLANTA BALLET between periods ofemployment.(4) Family Coverage - THE ATLANTA BALLET shall make available to ARTIST’Sfamily (as defined by insurance carriers) health/medical insurance coverage throughTHE ATLANTA BALLET’S insurance plans. THE ATLANTA BALLET agrees todeduct the cost of Family Coverage from the compensation of any ARTISTdescribed in Subparagraph (b) above, who chooses to elect such additionaldependent coverage. THE ATLANTA BALLET agrees to remit this payment to theAtlanta Ballet Health and/or Dental Fund along with the required Employercontributions on a monthly basis.(b)(c)(d)Life Insurance - THE ATLANTA BALLET agrees to purchase insurance on the life of eachARTIST having a value of no less than each ARTIST’S annual gross salary rounded up tothe nearest thousand dollars and THE ATLANTA BALLET further agrees to provide eachARTIST with a copy of the policy so that each ARTIST may designate a beneficiary of theARTIST’S choice or the ARTIST’S estate.403B Plan - THE ATLANTA BALLET will provide for a 403B Plan, and any ARTIST maycontribute to such Plan.Retirement Fund – The ATLANTA BALLET acknowledges that this Agreement providesfor a jointly administered labor-management Retirement Fund meeting the requirementsof Section 302-C of the Labor Management Relations Act, as amended.(1) THE ATLANTA BALLET agrees to execute the Agreement and Declaration ofTrust establishing the Retirement Fund and to be bound by the Rules andRegulations established by the Trustees of said Retirement Fund now or hereafteradopted. It is expressly understood that the Retirement Fund will at all times bemaintained as a tax exempt trust fund enabling THE ATLANTA BALLET todeduct his contributions to the Fund in accordance with the applicable provisionsof the Internal Revenue Code.(2) AGMA authorizes THE ATLANTA BALLET to make the Retirementcontribution provided for herein to any 403(b) or other qualified tax-shelteredannuity program offered by THE ATLANTA BALLET at the request of anyindividual ARTIST in lieu of making such contribution to the AGMA Retirement38

Plan for that ARTIST. AGMA and Individual ARTISTS acknowledge that THEATLANTA BALLET and AGMA make no recommendation as to the value orfinancial stability of any qualified plan.(3) The individual ARTIST shall have the right to make the request referred toherein only once during the term of this Agreement. Any fees charged by theplan administrator shall be borne by the participating ARTIST(s) on a pro ratabasis. These contributions are to begin with the first employment under thisAgreement. Per diem and meal money shall not be computed as part of theminimum compensation.(4) The ATLANTA BALLET shall make contributions to the AGMA Retirement Fundon behalf of each ARTIST employed on a Guaranteed Employment Basis, 2% ofeach ARTIST’S base weekly compensation in the 07-08 season; 2% in the 08-09season and 3% in the 09-10 season.(e)Physical Therapist/Masseuse - THE ATLANTA BALLET agrees to provide for the companya Physical Therapist for 1.5 hours per visit for 2 visits per week during each employmentweek as per past practice. Upon presentation of receipts for services, the ATLANTABALLET shall reimburse Company Members for payments for massages up to a maximumof one hundred and twenty dollars [$120] per person per year. Apprentices shall bereimbursed up to sixty [$60] per person per year.40. SICK LEAVE(a)(b)(c)(d)(e)(f)Any ARTIST employed by the ATLANTA BALLET who is re-engaged for a subsequentseason, shall be entitled to a maximum of ten (10) paid sick work days, effective at thebeginning of each contracted year.Any and all newly contracted ARTISTS for each season shall receive paid sick days inaccordance with the formula listed below:Length of servicepaid sick time available each season1-10 weeks 5 sick days11 or more +5 sick daysAny ARTIST may carry over in the next season up to eight (8) unused sick days per yearwithout limitation on total accumulated sick days.Notwithstanding anything herein to the contrary, in the event ARTIST receives time-lossbenefits under the applicable local worker's compensation, disability, and/or unemploymentcompensation laws simultaneously with the receipt of sick leave pay as provided herein, thenTHE ATLANTA BALLET will pay only the difference between the benefits received andthe sick leave pay specified herein. An ARTIST who is injured in a work-related accidentwill be entitled to continued pay until workers’ compensation disability pay becomeseffective.THE ATLANTA BALLET may demand a certificate of a doctor as to the illness of theARTIST and an examination by a doctor designated and paid by THE ATLANTA BALLETas a condition precedent to sick-leave pay under sub-paragraphs (a), (b) and (c) of thisParagraph.Upon application to THE ATLANTA BALLET, a female ARTIST shall be excused for up toone (1) full day during her menstrual period, which day shall be other than the Free Day of39

the ARTIST and shall be in addition thereto, and shall not be deemed sick leave, but shall beentirely separate and apart from, and in addition to the sick leave provided above.(g)(h)(i)(j)THE ATLANTA BALLET will not raise any provision of this paragraph as a defense to orto reduce recovery from any claim ARTIST may have under any worker's compensation lawor for negligence.If an ARTIST is physically unable to perform as required by the STANDARD ARTIST’SCONTRACT FOR EMPLOYMENT, the ARTIST should request a medical leave of absencefrom THE ATLANTA BALLET.Pregnancy/Childbirth - Where the inability to perform is a result of pregnancy or childbirth,the ARTIST shall be entitled to an unpaid leave of absence. ARTIST shall resume workwithout loss of seniority with Company not later than four (4) months after childbirth. Inaddition, THE ATLANTA BALLET will continue Health Fund contributions for suchARTIST during the leave of absence. The ARTIST shall also receive the paid sick time inaccordance with the formulas provided in subparagraphs (a) (b) and (c). THE ATLANTABALLET shall not be required to replace the ARTIST during the period of leave. THEATLANTA BALLET will continue to comply with Title VII of the Civil Rights Act and theEEOC’s Pregnancy Amendments.Bereavement - In the case of death in the ARTIST’S immediate family (the ARTIST’Sspouse, parent, child, sibling, grandparent; the ARTIST’S spouse’s parent, child, sibling,grandparent; the ARTIST’S child’s spouse, and any other relative residing in the householdat the time of the death), ARTIST shall be entitled to a maximum of three (3) days of paidbereavement leave. Any leave after the three days will be unpaid. As soon as is reasonablypossible, ARTIST must notify the Artistic Director to discuss the situation and the expecteddate of return.41. FILMING, BROADCASTING, TELEVISION, ETC.Except as provided herein THE ATLANTA 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 orany motion picture, recording, mechanical, electrical or telephone device now in use or hereafter developed orany combination of such devices; AGMA, however shall consider the request of THE ATLANTA BALLETfor a waiver of the foregoing provision, and the granting of such waiver shall not be unreasonably withheld.THE ATLANTA BALLET agrees to notify ARTIST as soon as such waiver is granted by AGMA. Any andall films/videotapes made under this Paragraph may not be used for commercial purposes, theatrical exhibitionor any purpose other than specifically provided for herein, unless a waiver allowing such use is granted byAGMA, and in the event THE ATLANTA BALLET violates this provision the ARTISTS shall becompensated at no less than the applicable SAG/AFTRA rates and conditions. Nothing herein shall operate torelieve THE ATLANTA BALLET of ultimate responsibility for the safekeeping of the tapes or films and forthe proper use thereof as provided in this Agreement except as provided for in (a)(4) below. "Promotion" asused herein shall not mean "sale."The foregoing notwithstanding, AGMA agrees that THE ATLANTA BALLET may:(a)Make archival/study films under the following conditions:(I)THE ATLANTA BALLET shall notify the ARTISTS prior to the end of theprevious work day and on the dancers hot line.40

(2) When recording is done during a rehearsal or performance, no additionalcompensation will be paid to the ARTIST(S) except when overtime or otherpenalties are payable under provisions of this Agreement.(3) 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 byTHE ATLANTA BALLET and the choreographer or his/her authorized stager only.Solely for this purpose, a choreographer and his/her authorized stagers may removea copy of archival tape of his/her choreography performed by the ARTISTS of THEATLANTA BALLET. No other individuals may remove performance or rehearsalvideo tapes from the premises of THE ATLANTA BALLET. Except as providedbelow, ARTISTS' requests to review archival tapes shall not be unreasonablydenied.(4) THE ATLANTA BALLET shall make available to ARTIST through a check-in/outlibrary system, copies of performance and rehearsal videotapes. ARTIST shall usethese videotapes for private study and rehearsal purposes only. ARTIST shall notmake any copies of said tapes nor cause nor allow copies of said tapes to be made.ARTIST shall indemnify and hold THE ATLANTA BALLET harmless for alldamages caused by the ARTIST which THE ATLANTA BALLET or ARTISTSmay incur from any unauthorized use by the ARTIST of said videotape while saidtape is or has been in the possession of ARTIST.(b)Cause or allow a television news crew to film or tape a portion of a rehearsal or aperformance for television news release under the following conditions:(1) With the exception of "hard news", the ARTIST’S prior written consent will becontained in the ARTISTS’ STANDARD ARTIST’S CONTRACT FOREMPLOYMENT.(2) As much advance notice must be given to the ARTISTS prior to actualfilming/taping as possible.(3) News media video tapes may be created and broadcast on news programs, includingmagazine-type and entertainment programs, news documentaries and the like,provided that the total airtime does not exceed fifteen (15) minutes and no ballet isbroadcast in its entirety. THE ATLANTA BALLET may request and AGMA willnot unreasonably withhold or deny a waiver of the foregoing provisions for specificprojects. THE ATLANTA BALLET may use copies of such videotapes forpromotional purposes.(4) Except as provided for in Paragraph 14 of this Agreement (for overtime/premiumsituations defined elsewhere in this Agreement) no premium payments for theARTISTS shall be required provided no premium payments are made to any otherpersonnel employed by THE ATLANTA BALLET during the production of thisvideotape.(c)Create, distribute, play and broadcast or allow the creation, distribution, playing and/orbroadcast of videotapes promoting THE ATLANTA BALLET and THE ATLANTABALLET’S performances under the following conditions:(1) The ARTIST’S prior written consent will be in the STANDARD ARTIST’SCONTRACT FOR EMPLOYMENT.41

(2) THE ATLANTA BALLET shall notify the ARTISTS prior to the end of theprevious work day and on the dancers hot line.(3) Videotaping for promotional tapes may take place during a regular rehearsal,performance or a call specifically for the purposes of such taping. All time involvedin such taping shall be considered "compensated time" and the provisions of thisAgreement relative to rehearsal/performance conditions, hours available and restbreaks shall apply.(4) Promotional videotapes may be distributed, played and broadcast without restrictionproviding the total airtime for any one ARTIST does not exceed ninety (90) secondsand no ballet is shown in its entirety. THE ATLANTA BALLET may request, andAGMA will not unreasonably withhold or deny, a waiver of the foregoing provisionfor specific projects.(5) Except as provided for in Paragraph 14 of this Agreement (for overtime/premiumsituations defined elsewhere in this Agreement) no premium payments for theARTISTS shall be required provided no premium payments are made to any otherpersonnel employed by THE ATLANTA BALLET during the production of thisvideotape.(d)Transmit, or allow to be transmitted, the performance in real time via closed circuit televisiononly to various locations in the theater where the performance is occurring for purposes suchas allowing "latecomers" to view the performance until they can be seated and for cueing.42. PARTIES BOUND BY THE AGREEMENTThis Agreement shall be known as the Basic Agreement and shall, subject to the approval of AGMA whichapproval shall not be unreasonably withheld, be binding upon and shall inure to the benefit of the signatorieshereto and all parties who by reason of merger, consolidation, reorganization, sales, assignments, transfers orthe like shall succeed to or be entitled to a substantial part of the business of any signatory, and THEATLANTA BALLET agrees that its signature to this Agreement shall likewise bind any and all subsidiaries.43. ARBITRATION OF STANDARD ARTISTS' AGREEMENTEvery contract entered into between THE ATLANTA BALLET and any ARTIST during the term of thisAgreement shall be deemed to contain the following provision:"In the event that a dispute arises during the term of this Agreement regarding the interpretation orenforcement of any sections of this Agreement, either party may file a written grievance withinfourteen (14) calendar days after the date on which the aggrieved party may be reasonably presumedto have knowledge or notice of the event or occurrence giving rise to the dispute. A grievance by theUnion or a member of the Union must be addressed in writing to THE ATLANTA BALLET’SCompany Manager or appropriate management representative(s). Within fourteen (14) calendar daysof the filing of the grievance, the Company Manager and/or appropriate managementrepresentative(s) shall meet with the designated union representative(s) or local dancers' committee, inan 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 thedispute is not resolved by said written response, either party may give written notification no laterthan thirty (30) calendar days thereafter of its intent to arbitrate before an impartial arbitrator selectedunder the rules and procedures of the Federal Mediation and Conciliation Service ("FMCS"). Anarbitration shall be held under the Voluntary Rules of Labor Arbitration of the FMCS on a dateagreed to by the parties at a mutually acceptable location. The sole function of the arbitrator shall beto interpret the express provisions of this Agreement and apply them to the facts of the dispute or42

grievance. The arbitrator shall have no power to change, amend, modify add to or otherwise alter thisAgreement. The time limitations expressed in this procedure shall be strictly enforced. The fees ofthe arbitrator shall be shared equally by the parties. Notwithstanding the previous sentence, if thearbitrator finds, after notice to the parties, that the demand for arbitration or a party's position in thearbitration is either not well grounded in fact, or not warranted by existing law or by a good faithargument for the extension, modification or reversal of existing law, or interposed for any improperpurpose such as to harass or to cause unnecessary delay or expense, then the arbitrator may, as asanction, require that party to pay all or part of the other party's cost of the arbitration, including areasonable attorney's fee."44. ARBITRATION OF THE BASIC AGREEMENTAny controversy or claim arising out of or relating to this contract or breach or interpretation thereof shall besettled exclusively by the grievance and arbitration procedure set forth in the quoted portions of Paragraph 43.All arbitrations between THE ATLANTA BALLET and any ARTIST and/or between THE ATLANTABALLET and AGMA shall take place in THE ATLANTA BALLET’S City of Origination.45. NOTICESOutside the City of Origination, all notices provided herein to be given to the ARTIST shall be delivered tosuch ARTIST personally, provided the ARTIST has notified THE ATLANTA BALLET in writing of theARTIST's place of residence in the city or town of the last performance of THE ATLANTA BALLET.Failing such notice by the ARTIST to THE ATLANTA BALLET, or if such ARTIST cannot be found eitherwith THE ATLANTA BALLET or at such designated place of residence, such notice provided herein shall begiven to the ARTIST by registered mail to his last known address or to him/her in care of AGMA.46. EXPIRATIONThe term of this Agreement shall commence on August 1, 2007, and shall terminate on July 31, 2010,provided that all contracts with ARTISTS which expire after that date shall be deemed subject to such newAgreement as may be entered into between AGMA and THE ATLANTA BALLET for the next orsucceeding season.47. AUTHORITY OF SIGNATORIESExecutive Director Barry Hughson hereby warrants and represents that he/she has the requisite authority as anagent and representative of THE ATLANTA BALLET to sign this Agreement on behalf of, and to bind, THEATLANTA BALLET.48. SEPARABILITYIf any provision of this Agreement shall be held invalid, it shall be deemed separable from the remainder ofthis Agreement, and it shall not affect the validity of any other provision thereof.49. NO WAIVER OF RIGHTSFailure of AGMA or THE ATLANTA BALLET to insist upon the strict enforcement of any of the provisionsof this Agreement shall not be deemed a waiver of any rights or remedies that AGMA or THE ATLANTABALLET may have and shall not be deemed a waiver of any subsequent breach or default on the part of THEATLANTA BALLET or AGMA.50. GOVERNING LAW43

It is the intention of the parties that the validity, construction, performance, and application of this Agreementshall be governed exclusively by the laws of the State of Georgia.51. DISCRIMINATION FORBIDDENAll terms and conditions of employment included in this Agreement shall be administered and applied withoutregard to race, sex, sexual orientation, creed, disability and/or national origin except where bona fideoccupational qualifications may, as recognized by applicable law be shown to exist. THE ATLANTABALLET shall not unlawfully discriminate against any ARTIST because of his/her activities on behalf ofAGMA.52. SEGREGATIONNo ARTIST will be required to appear in any theater or place of performance where discrimination ispracticed because of race, color, creed, sexual orientation or national origin against any: (1) ARTIST or (2)patron, as to admission or seating arrangement.53. ABSENCE OF MANAGERIn the absence of the General Manager and/or Company Manager on tour, THE ATLANTA BALLET willdesignate an individual who will be responsible for carrying out the duties to be performed by management.54. SAFEKEEPING OF VALUABLESTHE ATLANTA BALLET shall provide a strong box to be kept by a responsible staff member of THEATLANTA BALLET storing of ARTISTS' money and other valuables during all performances and DressRehearsals. THE ATLANTA BALLET will not, however, assume liability for items placed in the strong boxfor safekeeping, and ARTISTS shall be responsible for retrieving money and other valuables.55. PARKING REIMBURSEMENTATLANTA BALLET agrees to provide each ARTIST with parking passes or vouchers at the Fox Theatrewhich will be valid for all rehearsals and performances that occur after 5 PM on weekdays and for all day onweekends at no expense to the ARTIST. ATLANTA BALLET will pay each ARTIST a stipend of ten dollars($10) per day for parking for each day of rehearsals and performances that occur before 5 PM on weekdaysfor which passes or vouchers are not available. Such stipend shall be paid in advance for each ARTIST’S useat his/her discretion.56. THEATER SAFETY(a)Theater Safety(1) The ATLANTA BALLET agrees that ARTISTS will not be required to rehearse orperform in any theater or other facility which is unsafe or unsanitary or whichcontains a floor that is not a safe floor for dance. No rehearsals or performances willbe located on a concrete or marble floor or upon any other inflexible surface.ARTISTS will not be required to rehearse or perform upon any wooden floors whichare directly laid over similar surfaces lacking in safe dance resiliency or on floorswith irregular or uneven surfaces.(2) In contacting a presenter for a tour engagement, the ATLANTA BALLET willrequest a list of dance companies that have performed in the theater in the recent44

past. The ATLANTA BALLET will contact up to three of those companies to askabout the construction and condition of the stage floor and their opinion on thesuitability of the stage floor for dance performances. This information will be givento the AGMA representative for approval.(3) The ATLANTA BALLET will notify the AGMA delegates immediately upondiscovery of any relevant information concerning each performing spaceincluding, but not limited to, the size, the type and condition of flooring and floorsurfaces, size and condition of dressing room facilities, availability of showerfacilities and the number and proximity of bathrooms. Such information shall bepresented to the AGMA delegates for all touring, Lecture Demonstrations andPromotional Appearances.(4) AGMA may advise the ATLANTA BALLET of any theater that is unsafe orunsanitary or that has a floor which is unsafe or improperly constructed for dance, tothe extent AGMA is aware of such condition. If the ATLANTA BALLET hasconcerns about the safety of a stage floor in which it intends to perform, AGMA willattempt to investigate all aspects of the stage floor in question to determine if itmeets the requirements of a safe floor for dance. However, any such investigation ordetermination shall not relieve The ATLANTA BALLET of its responsibilitieshereunder.(b)Off Site Cultivation Events - The ATLANTA BALLET will present Off Site CultivationEvents which are appropriate to the surface available for such events and/or it will limit thetime of appearances on such surfaces to a duration which will not be injurious to theARTISTS. For Off Site Cultivation Events there shall be a program choreographedespecially for such events, and all such programs shall have Marley/dance resilient surfaceutilized when feasible. At the mutual option of the ARTISTS and the ATLANTA BALLET,such program shall be employed whenever dancers render such services on inflexiblesurfaces or spaces otherwise unsuitable for dance.(1) For all Off Site Cultivation Events by ARTISTS other than in a legitimate theatricalsetting, the ARTISTS’ representatives and the ATLANTA BALLET’S designatedadministrators will determine on a case-by-case basis, whether or not theperformance circumstances are suitable and safe.(2) Both the ARTISTS’ representatives and the ATLANTA BALLET will take intoconsideration all the elements pertaining to presentation, ARTISTS’ health, andinstitutional benefit.(3) THE ATLANTA BALLET will use its “every” best effort to accommodate allARTISTS’ requests to improve circumstances of the activity by requests to thepresenting organizations, making any necessary alterations in choreography,costumes, lighting and repertoire and furnishing a “Marley” type dance resilientsurface to be utilized when feasible.(4) THE ATLANTA BALLET shall provide, at its expense, and at the ARTISTS’request, suitable shoes that are appropriate for the performing space and the floorsurface, which are properly fitted and which will be assigned specifically to eachARTIST for such events.In addition the ATLANTA BALLET agrees to make every possible effort to providethe following:45

• In advance and in preparation for the scheduled event, the Stage Manageror his designate is to examine the floor and the performing space togetherwith the AGMA Delegates to determine what is necessary to ensure theARTISTS safety.• The ARTISTS shall have access to the performing space at least one (1)hour prior to the starting time of such Off Site Cultivation Event. TheATLANTA BALLET shall arrange for a suitable warm-up space andwhen possible, one with barres for the ARTISTS.• The ATLANTA BALLET will arrange for adequate dressing rooms toinclude dressing and seating space, that is not accessible to the public,and access to bathroom facilities for all occupants.(c)AGMA, the ATLANTA BALLET and the Company’s hosts agree to work collectively inachieving the above-mentioned goals in this provision.57. SMOKE AND FOG POLICY(a)(b)(c)The ATLANTA BALLET shall notify AGMA as soon as it knows that the use of smokeand fog effects, other than CO2 or steam, is required in a production that it intends toperform. Such notice shall include the name and chemical composition of the smoke orfog product.As soon as it is practical, but in no case later than two (2) weeks prior to any rehearsal orperformance during which smoke and/or fog effects are used, the Joint Committee willmeet to discuss the conditions under which smoke or fog will be used.The ARTIST shall not be penalized for refusal to rehearse and/or perform in conditionswhich are exposed to smoke and/or fog effects other than those generated by CO2 and/orsteam.58. LOCKOUTS AND STRIKESDuring the term of this Agreement there shall be no lockouts and no strikes.59. COMPLIMENTARY TICKETS(a)(b)THE ATLANTA BALLET will supply each ARTIST with one (1) pair of complimentarytickets for each local series of performances plus another pair of complimentary tickets whenavailable.When THE ATLANTA BALLET is under contract to another entity, THE ATLANTABALLET will make best efforts to supply each ARTIST with up to two (2) pairs ofcomplimentary tickets.60. CHOREOGRAPHER WORKSHOP(a)Choreographer workshop - terms and conditions outside minimum guarantee set forth hereinare subject to AGMA approval.46

(b)Choreography by a Company Member - Company members that choreograph for THEATLANTA BALLET will use THE ATLANTA BALLET’S Choreography Agreement andwill receive no additional compensation for time spent creating the work, although hoursworked will be credited towards total hours worked in a week for calculating overtime. Thecompany dancer/ Choreographer will be paid a per-performance royalty of $100. When theWORK is being remounted, they will be paid an hourly rehearsal fee to restage the workequal to the current year’s Rehearsal Assistant rate instead of any Day rate shown in theChoreography Agreement.61. BENEFIT PERFORMANCETHE ATLANTA BALLET and ARTISTS may elect to establish a jointly administered Dancers' Fund andschedule one public performance during each Repertory Season as a benefit and proceeds shall be contributedto said Dancers' Fund for the benefit of ARTISTS in time of need.62. INDEMNIFICATIONTHE ATLANTA BALLET retains the exclusive responsibility to provide a safe and healthful workplace, andis exclusively liable under its Workers' Compensation Insurance Policy and indemnifies and holds AGMAharmless in the event of job-related injuries, illnesses or deaths which come thereunder.63. WORK POLICY(a)While it will be the continued policy of THE ATLANTA BALLET to use dancers who arecovered by this Agreement, THE ATLANTA BALLET will have the right to utilize in itsproductions bona fide dance students, supernumeraries, and members of other artsorganizations, provided that said utilization will be done only as necessary for the overallartistic good of THE ATLANTA BALLET, will not violate any other provision of thisAgreement and subject to the following limitations.(1) Students and trainees may only be cast in Corps De Ballet roles. No students ortrainees shall be cast in Solo or Principal dance roles other than in children's roles.They may be assigned to cover Solo or Principal roles but not to perform them.(2) Supplemental Artists may be cast to cover or to perform Solo and PrincipalRoles. An Apprentice may be cast to perform a Principal role, but he/she must becompensated at the New Dancer Rate for all rehearsals and performances of suchrole. An Apprentice may be assigned to cover or perform a Solo role or to covera Principal role without additional compensation, however if he/she performssuch Principal role he/she must then be compensated the balance of theApprentice rate and the New Dancer Rate for all such performances andrehearsals of that role.(3) The ATLANTA BALLET shall use best efforts to cast all Company Dancers andApprentices before casting students or Supplemental Artists in any ballet. In theevent that any dancer is cast in a ballet in place of an Apprentice or CompanyDancer, he/she shall be employed on an AGMA Standard Artists Contract forEmployment and shall be compensated at no less than the New Dancer Rate forall rehearsal and performance weeks of such ballet(s). ATLANTA BALLETshall meet with the Delegates to discuss the reasons for such casting.(4) The ATLANTA BALLET will advise all Guest Choreographers of this WORKPOLICY provision.47

(b)For Nutcracker K.I.S. performances only, THE ATLANTA BALLET has the option to castFellowship Students to perform the role of “Roses.”64. DRUG FREE WORKPLACE(a)(b)ARTISTS understand and agree that THE ATLANTA BALLET prohibits from theworkplace the unlawful manufacture, distribution, dispensation, possession or use of acontrolled substance. Conviction for a violation of this policy will be grounds for immediatetermination of employment and shall be considered a material breach of the INDIVIDUALSTANDARD ARTIST’S CONTRACT FOR EMPLOYMENT.THE ATLANTA BALLET will comply with the Georgia Drug-Free Workplace Program,Title 34, Chapter 9, Article 11 of the Official Code of Georgia Annotated, and ARTISTS areto review a copy of the same, which includes pre-employment testing and post-accidenttesting at THE ATLANTA BALLET’S expense.65. PARAGRAPH HEADINGSParagraph headings are inserted in this Agreement for convenience only and are not to be used for interpretingthis Agreement.66. MUTUAL RESPECT IN WORKPLACETHE ATLANTA BALLET and ARTISTS agree to endeavor to promote mutual respect, a positiveatmosphere, and harmonious working relationships. THE ATLANTA BALLET will expressly maintain theposition that no ARTIST shall be subject to trespass or verbal or physical abusive conduct on the part ofArtistic Management or other agents of THE ATLANTA BALLET.Therefore, in the event that ARTISTS believe they have been affected by such trespass or abusive conduct,verbal or physical, by THE ATLANTA BALLET or its agents during or immediately prior to a rehearsal inthe rehearsal period, those ARTISTS affected shall make a written report of the incident, which report shall besubmitted promptly to the Executive Director, with a copy to the Company Manager and an AGMArepresentative.Such allegations of a violation of this Agreement, including written statements, shall be brought to theattention of the Executive Director and the Company Manager and AGMA representative and may bediscussed and resolution attempted by the AGMA Committee, instituted in Paragraph 10 of this Agreement.Such discussions and attempts to resolution neither supplant nor constitute remedies which must be exhaustedby either THE ATLANTA BALLET or AGMA prior to any arbitration or other procedures based upon suchevents, but comprise permissive informal dispute settlement procedures which may be undertaken with theconsent of both AGMA and THE ATLANTA BALLET.AMERICAN GUILD OF MUSICAL ARTISTSTHE ATLANTA BALLET_______________________________________Alan S. GordonNational Executive Director______________________________________Barry HughsonExecutive DirectorDate: __________________________________48Date: ________________________________

IN THE PRESENCE OF:IN THE PRESENCE OF:_______________________________________Deborah Allton-MaherEastern Counsel______________________________________DelegateDate: _________________________________Date: ____________________________________________________________________DelegateDate: _________________________________49

“Exhibit 1”American Guild of Musical Artists(BRANCH OF ASSOCIATED ACTORS AND ARTISTES OF AMERICA)AFFILIATED WITH A.F.L.-C.I.O.1430 BROADWAY • NEW YORK, NY 10018-3308 • TEL:212-265-3687 • FAX: 212-262-9088STANDARD ARTIST'S CONTRACT FOR EMPLOYMENT-(DANCERS)Agreement offered this {DATE} day of {MONTH}, {YEAR} and executed as of the day belowwritten by and between the Atlanta Ballet, Inc., a corporation organized and existing under and by virtue ofthe laws of the state of Georgia hereinafter referred to as " THE ATLANTA BALLET " and NAMEhereinafter referred to as "ARTIST".1. WHEREAS THE ATLANTA BALLET is engaged in the production and presentation ofdance performances and desires to secure the professional services of the ARTIST and the ARTIST desires torender such services to THE ATLANTA BALLET upon the terms and conditions herein provided.2. WHEREAS THE ATLANTA BALLET has entered into an Agreement (hereinafter referredto as the "BASIC AGREEMENT") with the American Guild of Musical Artists (hereinafter referred to as"AGMA").NOW THEREFORE, the parties do hereby mutually agree as follows:1. THE ATLANTA BALLET hereby engages the ARTIST to render services as an ARTISTwith the rank of company dancer for the period of {NUMBER} weeks beginning on the {DATE} day of{MONTH}, {YEAR}, with a guaranteed period of not less than {NUMBER} weeks. The ARTIST shall bepaid {$AMOUNT} per week (which includes seniority pay, if applicable) for each rehearsal and/orperformance week of the season, plus per diem and other benefits as set forth in the BASIC AGREEMENT.2. The ARTIST represents that he/she is not bound by any previous or existing obligation toany association or to any corporation, firm or person or persons, or bound in any other respect, that can in anyway invalidate this contract or interfere with his/her faithful performance of it according to its terms, andhe/she agrees that he/she will not from the date hereof until the date this contract is terminated, assume anysuch obligation, or become bound in any other respect, that can in any way invalidate this contract or interferewith his/her faithful performance of it according to its terms. The ARTIST agrees to work exclusively forTHE ATLANTA BALLET during the period of employment set forth below.3. PAY OR PLAY. Except as otherwise provided in the BASIC AGREEMENT, theemployment of the ARTIST shall be non-cancelable, and the compensation shall be "PAY OR PLAY" both asto performance and rehearsal weeks.4. The ARTIST agrees to comply with all immigration laws, rules and regulations existing inthe various countries to and in which he/she may travel or perform under the employ of THE ATLANTABALLET. In cases where such laws, rules and regulations require the posting of a bond or security for theARTIST, THE ATLANTA BALLET agrees to post such bond on behalf of the ARTIST, and in the event thatas a result of any violation proved to be willful of any such law, rule or regulation or any other willful act onthe part of the ARTIST, the bond is forfeited, the ARTIST shall be liable to THE ATLANTA BALLET forthe amount of such bond. It is understood, however, that the fees for all visas required for the travel of theARTIST under the direction of THE ATLANTA BALLET shall be paid by THE ATLANTA BALLET.50

5. (a) The ARTIST and THE ATLANTA BALLET hereby jointly and severally agree that theARTIST's obligations hereunder are subject (1) to the ARTIST's prior obligations to AGMA as a memberthereof, and (2) to AGMA's Constitution and By-Laws, Rules and Regulations as they now exist or as theymay be hereafter amended so long as they are not in conflict with the BASIC AGREEMENT.(b) Were some type of union security provision to become lawful in Georgia prior to theexpiration of the BASIC AGREEMENT, both parties agree to bargain, upon request, at that time, over alawful union security clause. Were the parties to reach an agreement over a lawful union security clause at thattime, such clause would be incorporated in this Agreement. Any agreement between the parties would notrequire incumbent ARTISTS to become union members or pay agency fees in order to- retain their jobs orother benefits to which they are otherwise entitled. During the term of such bargaining, the parties agree thatall no-strike/no lock-out provisions in Paragraph 57 of the BASIC AGREEMENT would remain in full forceand effect at all times.(c) 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 by THE ATLANTA BALLETand will not impose unreasonable entrance fees or dues upon its members or limit the right of AGMA tosuspend, expel, otherwise discipline or to refuse to admit to membership or readmit a member pursuant to therules, regulations, Constitution and By-Laws of AGMA, and provided, further, that nothing contained hereinshall require THE ATLANTA BALLET to discharge or refuse to engage any ARTIST by reason of an actionof AGMA which is in violation of the said Labor Management Relations Act.6. SEGREGATION. No ARTIST will be required to appear in any theater or place ofperformance where discrimination is practiced because of race, color or creed against any (1) DANCER or (2)patron, as to admission or seating arrangements.DISCRIMINATION FORBIDDEN. THE ATLANTA BALLET agrees that it will notdiscriminate against and ARTIST in compensation, performance, engagements or in its general relationshipwith any ARTIST, because of any such ARTIST's activities on behalf of AGMA, nor shall THE ATLANTABALLET discriminate against any ARTIST because of race, color, creed, sex or sexual orientation.7. There shall be no remissions, rebates, discounts, booking fees, commissions or otherpayments or deductions whatsoever from the ARTIST's compensation, except such taxes or withholdings asare required by statute and except further that the ARTIST hereby assigns to AGMA from any compensationto be earned in connection with this contract, such amounts for dues, initiation fees and assessments certifiedby AGMA and authorizes and directs the deduction of such amounts from the ARTIST's compensation andremission of same to AGMA. This assignment, authorization and direction covers all compensation earned asa result of the employment under this contract (regardless of how characterized or when paid). Thisassignment, authorization and direction shall remain in effect and be irrevocable and shall not be continuedautomatically unless the ARTIST revokes it by giving written notice to THE ATLANTA BALLET andAGMA by registered mail not more than thirty (30) days and not less than fifteen (15) days prior to theexpiration of each successive one-year period or each successive BASIC AGREEMENT, whichever occurssooner. Such revocation shall become effective the first day of the calendar month following its receipt.8. Additional terms of this contract may be set forth under Schedule "A" attached hereto andany terms so set forth are hereby made a part of this contract. THE ATLANTA BALLET and ARTIST agree51

that the BASIC AGREEMENT shall also be deemed a part of this contract. It is understood that the provisionsof this contract may contain terms and conditions additional to, but not in conflict with, the BASICAGREEMENT.9. NO WAIVER OR CHANGES ALLOWED. THE ATLANTA BALLET and the ARTISThereby mutually agree any and all contracts and agreements made by THE ATLANTA BALLET with theARTISTS employed shall conform in every respect to all the provisions of the BASIC AGREEMENT andthis STANDARD ARTIST'S CONTRACT FOR EMPLOYMENT (DANCERS) and shall be executed onthis STANDARD ARTIST'S CONTRACT FOR EMPLOYMENT (DANCERS) in triplicate, one copy forthe ARTIST, one copy for THE ATLANTA BALLET, and one copy for AGMA. THE ATLANTA BALLETAGREES THAT IT SHALL NOT REQUEST THE ARTIST TO WAIVE, CHANGE OR IN ANY WAYALTER THE PROVISIONS OF THE BASIC AGREEMENT AND THIS CONTRACT UNLESS THEWRITTEN CONSENT OF AGMA IS OBTAINED PRIOR TO THE MAKING OF SUCH REQUEST OFTHE ARTIST.10. The acceptance by the ARTIST of cash, checks or other forms of payments, or the deposit orthe retention by the ARTIST of cash, checks or other forms of payment, with or without notations on suchchecks that the same is in full payment or the like, shall in no way affect the right of the ARTIST or of AGMAto insist upon full payment under this agreement, provided that THE ATLANTA BALLET shall not underany circumstances be required to make greater payments to the ARTIST than are called for by this agreement.11. ARBITRATION. THE ATLANTA BALLET and the ARTIST hereby jointly and severallyagree that any controversy or claims arising out of or relating to this contract or the breach thereof, shall besettled by Arbitration in accordance with the provisions of the BASIC AGREEMENT and the rules thenobtaining of the American Arbitration Association (except as may otherwise by provided in AGMA rules solong as they are not in conflict with the BASIC AGREEMENT), and judgment upon the award rendered maybe entered in the highest Court of the forum, State or Federal, having jurisdiction.12. EXPIRATION. Anything herein to the contrary notwithstanding, if during the term of thisagreement, including any option, THE ATLANTA BALLET 'S BASIC AGREEMENT with AGMA shallexpire and THE ATLANTA BALLET shall, prior to such expiration, fail to enter into contractual relationswith AGMA for a term of not less than one (1) year immediately succeeding the terms of such expired BASICAGREEMENT, AGMA shall have the right to terminate the balance of this agreement including any option.13. BENEFITS. THE ATLANTA BALLET shall not request an ARTIST directly or indirectlyto appear in or attend any benefit, excepting THE ATLANTA BALLET 's own benefit performance(s),without first receiving written approval from Theatre Authority, Inc., 16 East 42nd St., Suite 202, New York,NY 10017-6907 and the AGMA National Headquarters, 1430 Broadway, New York, NY 10018.14. It is the intention of the parties that the validity, construction, performance and application ofthis contract shall be governed exclusively by the laws of the state of Georgia, except as may otherwise beprovided.IN W1TNESS WHEREOF, we have executed this Agreement as of the date set forth below.THE ATLANTA BALLETARTIST52

Date:Date:ALL AGMA RULES which arein force at the time thisAgreement is entered intoare part hereof so long asthey are not in conflictwith the BASIC AGREEMENT.The EMPLOYER and theARTIST should keelthemselves advised of AGMARULES.Address:City, State, Zip:Telephone: (_____)Social Security #:Please check if New Address [ ]The BASIC AGREEMENTbetween AGMA and the aboveEMPLOYER may containmodifications of theStandard Agreement53

Schedule “A”1. ARTIST agrees to be videotaped per provision 41. FILMING. BROADCASTING. TELEVISION,ETC.2. The ARTIST agrees to be transported by air.54

EXHIBIT "2"AGMA REGULATIONS FOR SAFETY WITH SWORDS AND/OR PROPS AS WEAPONSFor the purposes of this Agreement all props used as weapons, including but not limited to swords, sharpimplements, knives, poles or any other like instrument, shall be referred to as weapons.The EMPLOYER agrees that whenever a production requires the use of weapons, the followingregulations shall apply.1. The EMPLOYER shall engage a Fight Director (see subparagraph 9.) who shall be thoroughlyfamiliar with the proper use and maintenance of the weapons required in the production. TheFight Director will be engaged during the rehearsal process to work with the ARTIST(S) andCovers in collaboration with the Choreographer or Stages. Instruction in the proper and safe useof the weapons shall be a prerequisite prior to the issuance of any weapon to any ARTIST for anyrehearsal or performance. Where a question of safety exists in the opinion of the Fight Director,the Choreographer or Stager may not overrule the Fight Director's expert judgment.2. No ARTIST shall be required or permitted to handle any weapon in either rehearsal orperformance until the ARTIST feels confident that he/she has received adequate instructions.3. All weapons shall be in the possession of the Stage Manager/Property Master when not actuallyin use during rehearsal or performance.4. It is agreed that at the commencement of each rehearsal involving weapons, performance temposshall be modified to facilitate a proper warm-up and orientation prior to rehearsing at aperformance-level tempo.5. All weapons will be thoroughly inspected, cleaned and inventoried by the StageManager/Property Master at the end of each rehearsal and performance.6. At the conclusion of the weapons scene all weapons shall be returned to the StageManager/Property Master and stored for safe-keeping.7. The Fight Director will be present for at least one on-stage technical rehearsal to observe and tosupervise 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 ARTIST's parameters of safety necessitating fewerARTISTS, fewer weapons, or revised choreography, the Fight Director 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 duringtours).9.* The Fight Director must hold current certification from the Society of American Fight Directors.[*AGMA is willing to consider addition, appropriate certification and societies for inclusion in #9.]55

Exhibit “3”Shoe Policy and Men’s and Women’s Shoe and Tights PolicyATLANTA BALLET shall insure that all ARTISTS have sufficient shoes for rehearsals andperformances. ARTISTS will be provided with shoes by the Shoe Captain upon request. Men shallreceive a minimum of 3 pairs of ballet slippers for rehearsal per year and one pair per performance run.Additional slippers and specialty shoes will be provided as needed. Women shall receive a minimum of 1pair of Pointe shoes per week for rehearsal and a minimum of one pair per performance run. AdditionalPointe shoes and specialty shoes or slippers will be provided as needed. ATLANTA BALLET shall makethe final determination of the number of shoes needed by the ARTISTS.ARTIST shall be provided with tights as per ARTICLE 34. (c) of this AGREEMENT at the beginning ofeach season. Additional Tights shall be provided as needed. ATLANTA BALLET shall make the finaldetermination if any additional tights are needed by the ARTISTS.56

EXHIBIT "4"RELEASE AGREEMENTAGREEMENT between {Artist Name} and {Company} dated this ____ day of _____, 2___.It is mutually agreed that Artistic Director, {Name} has given {ARTIST} permission to perform thefollowing engagement outside his/her Standard Artist's Contract for Employment with the Company:{date, time, place and brief description of engagement}.{ARTIST} is hereby released from the exclusivity provisions of his/her Standard Artist's Contract forEmployment solely to the extent necessary to permit ARTIST to perform the above engagement.{ARTIST} acknowledges that while performing the above engagement, he/she will not be covered byCompany's Worker's Compensation Plan.{ARTIST} is also hereby excused from any services that may be required of him/her between {date,time} to {date, time} under his/her Standard Artist's Contract for Employment with {Company}.{ARTIST} understands and agrees, however, that he/she will not be compensated for the period ofservices missed, and that he/she shall return to work for the next scheduled service after such period.{ Artist } appears through the courtesy of Atlanta Ballet{Company} will be given appropriate credit in all publicity and program copy as follows:_____________________________{Signature Company official}_____________________________{Signature of ARTIST}____________________________{Name and Title}WORKER'S COMPENSATION ACKNOWLEDGMENTI {the Artist} have accepted the following engagement outside my Standard Artist's Contract forEmployment with {Name of Employer}: {date, time, place and brief description of engagement}. Iunderstand that I will not be covered by EMPLOYER'S Worker's Compensation Plan during that time. Iagree to make every reasonable effort to assure that the place of employment is safe and usable forperforming. I agree to make every reasonable effort to assure that I will be covered by presenter'sWorker's Compensation Insurance or insurance of similar coverage.___________________________{Signature of Artist}Date:______________________57