Common use of REHEARSALS DURING PERFORMANCE WEEKS Clause in Contracts

REHEARSALS DURING PERFORMANCE WEEKS. ‌ (a) The ARTIST may be called upon to rehearse during each Performance Week without the payment of additional compensation provided that: 1) The ARTIST shall not be required to rehearse in excess of two (2) hours on a performance day unless there is a Dress Rehearsal, when the ARTIST shall not be required to rehearse in excess of three (3) hours. The EMPLOYER shall schedule Dress Rehearsals on non-performance days whenever possible. 2) On non-performance days during Performance Weeks, the ARTIST may be required to rehearse not more than five (5) hours per day, i.e., rehearsals during Performance Week except during the first (1st) Performance Week of a company production. A or B Other non-performance days: 5 hrs 5 hrs. Day preceding opening night: 5 hrs. (incl. dress) 4 hrs.* Opening night: 2 hrs. 3 hrs. Subsequent performance days: 2 hrs. 2 hrs. i. The EMPLOYER may schedule rehearsals using Column B above during Performance Weeks on tour. In Seattle, except as provided in paragraph (ii) below, EMPLOYER will utilize Column A only. In the event there are two (2) Dress Rehearsals on the day before opening, there shall be no Dress Rehearsal on the day of opening. *Should the tour schedule allow for only one (1) rehearsal day prior to Opening Night, EMPLOYER may schedule up to five (5) hours of rehearsal on that day. ii. For special productions, which are to be performed one (1) time only, such as Galas, Year End Performance and Choreographers’ Showcase, the EMPLOYER may schedule a Dress Rehearsal on the performance day. The actual time of the Dress Rehearsal shall be included within the work hours for such day and during such week. iii. During the first (1st) week of a company production, EMPLOYER may schedule the Performance Week as follows for the purpose of running two (2) casts on the six (6) hour day: C D E Monday 4 hrs. rehearsal 0 hrs. 0 hrs. Tuesday 5 hrs. rehearsal 5 hrs. rehearsal 4 hrs. rehearsal Wednesday 5 hrs. rehearsal 5 hrs. rehearsal 5 hrs. rehearsal Thursday 6 hrs. rehearsal 6 hrs. rehearsal 6 hrs. rehearsal Friday 2 hrs. reh. & 1 perf. 2 hrs. reh. & 1 perf. 2 hrs. reh. & 1 perf. Saturday 2 performances 2 performances 2 performances Sunday 0 hrs. 1 performance 2 performances 3) The ARTIST shall not be required to rehearse within the two (2) hour period prior to the commencement of any performance, unless such rehearsal is scheduled under emergency conditions as herein defined and further provided that such Emergency Rehearsal is compensated for as provided in Paragraph 31(b). Emergency Rehearsal shall be compensated at the prevailing rate. 4) The ARTIST shall be given one (1) five (5) minute break during each hour of rehearsal following a fifty- five (55) minute rehearsal period. The time of the five (5) minute break shall be posted on the daily schedule. For all onstage rehearsals, EMPLOYER shall give all ARTISTS participating in the same rehearsal, break time as set forth in this Agreement, at the exact same time. 5) For open studio rehearsals and rehearsals on the stage in a Performance Week, the five (5) minute breaks may occur prior to or following any one dance piece or Act of a ballet. However, in no case shall any ARTIST be required to rehearse more than fifty-five (55) consecutive minutes without a break of at least five (5) minutes in length. 6) The EMPLOYER shall not infringe upon the allotted free time after a travel call. Prior to the first (1st) scheduled rehearsal, ARTIST’s use of free time for class or 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 per day or per week, as above provided, they shall be paid not less than the rate of one-half (1/2) the hourly overtime rate for each such additional rehearsal half hour or fraction thereof. It is further agreed that spill-over overtime rehearsal as defined herein will be paid for at the rate of one-half (1/2) the hourly overtime rate for each additional half-hour of rehearsal or fraction thereof. Any fourth (4th) or more consecutive or more hour of service shall be paid for at the Penalty Rate in fifteen (15) minute increments. (c) The first (1st) required service of an ARTIST shall not be sooner than thirteen (13) hours following the end of the last preceding performance or rehearsal period in the city of origination. On tour, there shall be a twelve (12) hours interval following the end of the last preceding performance and the next required service. (d) With the exception of Student Matinee days and Discover Dance performances, EMPLOYER will not schedule Company Class to begin before 10:15am during a Performance Week. (e) Rehearsal will be permitted on a day in which two (2) performances are given only in case of emergency, as defined herein, in which event the ARTISTS shall receive compensation as provided in Paragraph 31(b). (f) If the ARTIST shall be required to rehearse at any time during a Free Day, the ARTIST shall be compensated in accordance with Paragraph 21(l) payable in fifteen (15) minute increments with not less than a three (3) hour call. (g) If the ARTIST is at any time required to rehearse during any one of the following times, their compensation for such period shall be as noted hereunder: 1) Rehearsals within the elapsed thirteen (13) or twelve (12) hour period = Penalty rate. See Paragraph 31(c). 2) Rehearsals after evening performance = Penalty rate. (h) Any rehearsal may be called, counted, and compensated for in one-half (1/2) hour increments. (i) Compensation for rehearsals shall commence from the time of the scheduled call for such rehearsals and conclude at the time of the actual dismissal. (j) AGMA agrees, upon application by the EMPLOYER, to grant the EMPLOYER a waiver of the rehearsal provisions as set forth in Paragraph 31(f) of the Agreement, provided the EMPLOYER submits adequate proof to AGMA that a rehearsal was solely called due to an emergency and provided the ARTISTS rehearsed are those who are required to be rehearsed because of the emergency. If such waiver is granted, the EMPLOYER agrees to pay the ARTISTS overtime compensation as provided in Paragraph 21(s). (k) The ARTIST shall not be penalized for refusal to rehearse and/or perform on a concrete or carpeted floor or a floor that is too slippery even though it may be covered with linoleum.

REHEARSALS DURING PERFORMANCE WEEKS. ‌ (a) During Performance Weeks, the regular work week shall consist of five (5) hours per day (except that on a two (2) performance day, it may be six (6) hours, six (6) days per week. There shall be a maximum of eight (8) performances per week and each performance shall be scheduled for no more than three (3) hours. There shall be a maximum rehearsal call of three (3) consecutive hours. Any consecutive hour(s) or portion thereof beyond three (3) shall be paid for at the Penalty Rate. There shall be no more than two (2) hours of rehearsal per day except if the rehearsal is in lieu of a performance in which case there shall be no more than five (5) hours of rehearsal per day. Any additional rehearsal time is to be paid at the Overtime Rate. All rehearsal time shall be computed on a one-half (1/2) hour basis. (b) The ARTIST Artist may be called upon to rehearse during each Performance Week Week, without the payment of additional compensation provided that: (1) The ARTIST Employer and AGMA agree that on a day of one (1) performance, the number of rehearsal hours permitted, subject to the limitations in sub- paragraphs (k) (1) and (2) herein, shall not be required to rehearse in excess of two (2) hours hours. (2) The Employer and AGMA agree that on a performance day unless on which two (2) performances are scheduled, there is a Dress Rehearsal, when the ARTIST shall not be required to rehearse no rehearsal scheduled for those Artists appearing in excess of three both performances. (3) hours. The EMPLOYER shall schedule Dress Rehearsals Employer and AGMA agree that on non-a day on which no performance days whenever possibleor travel are scheduled, five (5) hours of rehearsal will be permitted. (4) If an Artist appears in only one (1) of the two (2) On non-performances on a two (2) performance days during Performance Weeksday, the ARTIST such Artist may be required to rehearse without compensation on that day for not more than two (2) hours. (5) On a one (1) performance day in which the Artist does not appear in the performance, the Artist can be called upon to participate in not more than five (5) hours per of rehearsal. (6) When on tour and no rehearsal is scheduled for the day, i.e.Artists shall be delivered to the theater no later than one hour prior to the commencement of class, rehearsals during Performance Week except during unless less time is deemed necessary by the first (1st) Performance Week of a company production. A or B Other non-performance days: 5 hrs 5 hrs. Day preceding opening night: 5 hrs. (incl. dress) 4 hrs.* Opening night: 2 hrs. 3 hrs. Subsequent performance days: 2 hrs. 2 hrsAGMA representative. i. The EMPLOYER may schedule rehearsals using Column B above during Performance Weeks on tour. In Seattle, except as provided in paragraph (ii) below, EMPLOYER will utilize Column A only. In the event there are two (2) Dress Rehearsals on the day before opening, there shall be no Dress Rehearsal on the day of opening. *Should the tour schedule allow for only one (1) rehearsal day prior to Opening Night, EMPLOYER may schedule up to five (5) hours of rehearsal on that day. ii. For special productions, which are to be performed one (1) time only, such as Galas, Year End Performance and Choreographers’ Showcase, the EMPLOYER may schedule a Dress Rehearsal on the performance day. The actual time of the Dress Rehearsal shall be included within the work hours for such day and during such week. iii. During the first (1st) week of a company production, EMPLOYER may schedule the Performance Week as follows for the purpose of running two (2) casts on the six (6) hour day: C D E Monday 4 hrs. rehearsal 0 hrs. 0 hrs. Tuesday 5 hrs. rehearsal 5 hrs. rehearsal 4 hrs. rehearsal Wednesday 5 hrs. rehearsal 5 hrs. rehearsal 5 hrs. rehearsal Thursday 6 hrs. rehearsal 6 hrs. rehearsal 6 hrs. rehearsal Friday 2 hrs. reh. & 1 perf. 2 hrs. reh. & 1 perf. 2 hrs. reh. & 1 perf. Saturday 2 performances 2 performances 2 performances Sunday 0 hrs. 1 performance 2 performances 3) The ARTIST Artist shall not be required to rehearse within the two one and three quarters (21 3/4) hour period hours prior to the commencement of any half-hour call preceding the performance, unless such rehearsal is scheduled under an emergency conditions as herein defined and further provided that such Emergency Rehearsal is compensated for as provided in Paragraph 31(b). Emergency Rehearsal shall be compensated at the prevailing ratePenalty Rate. Artists involved in an evening performance in the City of Origination may not be rehearsed beyond two and one-half (2 1/2) hours prior to half hour call if the rehearsals are scheduled at the American Ballet Theatre studios at ▇▇▇ ▇▇▇▇▇▇▇▇, ▇▇▇ ▇▇▇▇ ▇▇▇▇. 4) The ARTIST shall be given one (1) five (5) minute break during each It is further agreed that any Artist not appearing in an evening performance may be rehearsed up to half-hour of rehearsal following a fifty- five (55) minute rehearsal period. The time of the five (5) minute break shall be posted on the daily schedule. For all onstage rehearsals, EMPLOYER shall give all ARTISTS participating in the same rehearsal, break time as set forth in this Agreement, at the exact same time. 5) For open studio rehearsals and rehearsals on the stage in a Performance Week, the five (5) minute breaks may occur prior to or following any one dance piece or Act of a ballet. However, in no case shall any ARTIST be required to rehearse more than fifty-five (55) consecutive minutes without a break of at least five (5) minutes in length. 6) The EMPLOYER shall not infringe upon the allotted free time after a travel call. Prior to the first (1st) scheduled rehearsal, ARTIST’s use of free time for class or personal warm-up may not be infringed upon (i.e. for costume fittings). (b2) If an Artist asks for rehearsal out of span which is not an Emergency Rehearsal, the Artist may participate in such rehearsal without compensation. (3) Dancers requesting rehearsals will communicate directly with the choreographer or member of the rehearsal staff in charge of the ballet. All requests for rehearsal must be made two (2) days in advance of the posting of the rehearsal schedule. (d) If the ARTIST Artist shall be required to rehearse in excess of the maximum number of hours per day or per weekweek as provided above, as above provided, they the Artist shall be paid not less than the rate of receive payment at one-half (1/2) of the hourly overtime rate Overtime Rate for each such additional rehearsal half hour or fraction thereof. It is further agreed that spill-over overtime rehearsal as defined herein will be paid for at the rate of one-half (1/2) the hourly overtime rate for each additional half-hour of rehearsal or fraction thereof. Any fourth (4th) or more consecutive or more hour of service shall be paid for at the Penalty Rate in fifteen (15) minute increments. (c1) The first During Performance Weeks no Artist shall be required to rehearse and perform during this off-span which is defined as the fourteen (1st14) required service hours following the final curtain of an ARTIST the last preceding performance or the end of the last preceding rehearsal period. It is understood and agreed that Company Class will continue to be held during the fourteenth (14th) hour of this off-span. For those Artists rehearsing in the thirteenth (13th) or fourteenth (14th) hour of this off-span as defined, there will be a warm-up provided during the twelfth (12th) or thirteenth (13th) hour. (2) This fourteen (14) hour off-span during Performance Weeks may be invaded without penalty only for a Dress Rehearsal at the Met and only for full- length ballets of more than two acts, e.g. Swan Lake, Sleeping Beauty. In no event, however, may the off-span be less than twelve (12) hours. (3) During Rehearsal Weeks the Artist shall not be required to rehearse and perform sooner than thirteen (13) hours following the end of the Artist’s last preceding performance or rehearsal period in the city of origination. On tour, there shall be a twelve (12) hours interval following the end of the last preceding performance and the next required service. (d) With the exception of Student Matinee days and Discover Dance performances, EMPLOYER will not schedule Company Class to begin before 10:15am during a Performance Week. (e) Rehearsal will be permitted on a day in which two (2) performances are given only in case of emergency, as defined herein, in which event the ARTISTS shall receive compensation as provided in Paragraph 31(b)period. (f) The Artist may not be required to rehearse on the Free Day except that the Artist may be called for Emergency Rehearsal as defined herein in which event the Employer shall compensate the Artist at one-half (1/2) the Double Overtime Rate for each one-half (1/2) hour of rehearsal or fraction thereof. In the event that the Artist is called for a rehearsal on the Free Day, and if such rehearsal is not an Emergency Rehearsal, the Employer must obtain the individual Artist’s consent and the Employer must compensate the Artist at the hourly Double Overtime Rate for each such hour of rehearsal or fraction thereof. (g) The Employer agrees that when an Artist has concluded a daytime trip, there shall be at least two (2) free hours from the time he/she has checked into his/her hotel room to the time of call for the bus trip to the theater for rehearsal, or for rehearsal when no travel time is involved. In the event that the lunch stop, as provided in Section 33(f) has not been observed, the Artist shall then have at least three (3) free hours from the time he has checked into his/her hotel room to the time of call for the bus trip to the theater for rehearsal, or for rehearsal when no travel time is involved. The Employer will have the right to assign the first available hotel rooms to those Dancers who are required for the earliest rehearsal. If the ARTIST Employer shall be violate the provisions in this paragraph, the Employer agrees to compensate each Artist at the hourly Double Overtime Rate for each such hour of rehearsal or fraction thereof during such violation occurs. (h) If the Artist is required to rehearse at any time during a Free Day, the ARTIST shall be compensated in accordance with Paragraph 21(l) payable in fifteen (15) minute increments with not less than a three (3) hour call. (g) If the ARTIST is at any time required to rehearse during any one of the following times, their his/her additional compensation for such period periods shall be as noted hereunderfollows: (1) Rehearsals within the elapsed fourteen (14) hour or thirteen (13) or twelve (12) hour period = Penalty rate. See Paragraph 31(c).referred to in subparagraph (3) above – hourly Double Overtime Rate except as provided in subparagraph (e) (2) above; (2) Rehearsals after evening performance = Penalty rate.– hourly double Overtime Rate; (h3) Any rehearsal may be called, counted, and compensated for in one-Rehearsal during the half (1/2) hour incrementsperiod before curtain – Penalty Rate, computed on an hourly basis, unless rehearsal is an Emergency Rehearsal, in which event Artists will be paid at the applicable Emergency Rehearsal rate set forth in Section 15 (e) of this Agreement. (i) Compensation If the Artist is dismissed from rehearsal and is recalled for rehearsals shall commence from further rehearsal within one (1) hour of the time of such dismissal, then such intervening time between dismissal and recall shall be counted as if the scheduled call for such rehearsals and conclude at the time of the actual dismissalArtist had rehearsed. (j) Compensation shall be paid to the Artist for all rehearsals scheduled, whether or not all of the scheduled time is utilized. If a rehearsal runs beyond the scheduled termination time, the Artist will be compensated for such additional rehearsal at the appropriate rate. (1) The Employer agrees that if during a Performance Week any daylight trip exceeds seven (7) hours in length from time of departure from hotel to time of arrival, the free rehearsal hours granted the Employer during such Performance Week are to be reduced by the number of hours any daylight trip exceeds seven (7) hours. (2) The Employer further agrees that if any daylight trip exceeds seven (7) hours in length from time of departure from hotel to time of arrival, then on that day the Employer will not call any rehearsals. (l) AGMA agrees, upon application by the EMPLOYEREmployer, to grant the EMPLOYER ▇▇▇▇▇ said Employer a waiver of the rehearsal provisions as set forth in Paragraph 31(fsub-paragraph 23 (h) (3) of the Agreement, Agreement provided the EMPLOYER Employer submits adequate proof to AGMA that a rehearsal was solely called due to an emergency emergency, and provided the ARTISTS Artists so rehearsed are those who are required to be rehearsed because of the emergency. If such waiver is granted, the EMPLOYER Employer agrees to pay compensate the ARTISTS overtime compensation as provided in Paragraph 21(s)Artist at one-half (1/2) of the hourly Penalty Rate for each such half (1/2) hour of rehearsal or fraction thereof. (k1) The ARTIST Dancers shall not be penalized called to an Emergency Rehearsal after the half-hour (1/2) call or during the performances if the Employer is aware of the emergency prior to the one and three-quarters (1 3/4) hour Off Span prior to the half (1/2) hour call. In the event that such an emergency arises before or during the one and three-quarters (1 3/4) hour off-span, the Dancers required for refusal the Emergency Rehearsal must be notified of it by no later than the half-hour (1/2) call. The rehearsal must be announced and posted on the call board beside the sign-in sheet. It is agreed that this paragraph can be implemented only if a Dancer notified the Employer of an injury or illness sufficiently in advance to rehearse and/or perform permit compliance. (2) Emergency onstage calls for purposes such as blocking and spacing, of up to five (5) minutes in duration (measured from when all required cast members are present), shall not require additional compensation and shall not be deemed rehearsals within the meaning of Article 24. (n) On a day prior to departure on tour all rehearsals shall terminate by 6:00 P.M. (o) Those Dancers who will be required to be in complete costume and make-up for a concrete Dress Rehearsal must be notified at least four days in advance. For rehearsals where costumes are required for lighting checks, a reasonable number of Dancers per type of costume need be available and those selected shall be notified of that fact four (4) days in advance. (p) In the event of Dress Rehearsals during a Performance Week, the Employer agrees to allow fifteen (15) minutes of rehearsal time for dressing, and an additional fifteen (15) minutes if make-up is required for the rehearsal. At the conclusion of the rehearsal, a total of fifteen (15) minutes shall be allowed for undressing and removal of make-up; provided, that (i) if full character or carpeted floor or body make- up must be removed, a floor that total of thirty (30) minutes shall be allowed, and (ii) if an unscheduled fitting is too slippery even though it may involved, the Artist shall be covered credited with linoleumthe time spent regardless of length.