Equity Second City Agreement

2023-2025

THE EQUITY SECOND CITY AGREEMENT

ESCA

begins January 2, 2023

terminates January 4, 2026

Table of Contents

Equity Second City Agreement 2023 - 2025 | Page i

PREAMBLE 1

(A) Agreement ----------------------------------------------------------------- BOTH --------- 1

(B) Purpose -------------------------------------------------------------------- BOTH --------- 1

(D) Second City --------------------------------------------------------------- BOTH --------- 1

(E) Application of Clauses -------------------------------------------------- BOTH --------- 1

(F) Paragraph Headings ---------------------------------------------------- BOTH --------- 1

1:00 RECOGNITION OF EQUITY AND THE APPLICATION

OF AGREEMENT BOTH 1

2:00 THEATRICALS BOTH 1

3:00 ARTIST’S OBLIGATIONS TO EQUITY BOTH 1

3:01 Equity Members in Good Standing --------------------------------- BOTH --------- 2

3:02 Equity Constitution and Bylaws -------------------------------------- BOTH --------- 2

3:03 Discipline of Members -------------------------------------------------- BOTH --------- 2

4:00 BINDING EFFECT OF AGREEMENT BOTH 2

5:00 LAWS GOVERNING 2

5:01 Provincial Jurisdiction --------------------------------------------------- BOTH --------- 2

5:02 Statutory Conflicts ------------------------------------------------------- BOTH --------- 2

5:03 Canadian Statutes ------------------------------------------------------- BOTH --------- 2

5:04 Provisions Affected ------------------------------------------------------ BOTH --------- 2

6:00 PRODUCTION PROSECUTED BOTH 3

7:00 EQUITY SPECIAL PROVISIONS 3

7:01 Benefit Performances -------------------------------------------------- MAIN ---------- 3

7:02 Membership Meetings - Privilege of Artists to Attend --------- BOTH --------- 3

7:03 Special Power to Act for Artist ---------------------------------------- ------------------ 4

(A) Authority ----------------------------------------------------------- BOTH --------- 4

(B) Consent ----------------------------------------------------------- BOTH --------- 4

7:04 Company Meetings ------------------------------------------------------ ------------------ 4

(A) Secret Ballot ----------------------------------------------------- BOTH --------- 4

(B) Attendance ------------------------------------------------------- BOTH --------- 4

8:00 DEFINITIONS 4

8:01 Apprentice Stage Manager -------------------------------------------- BOTH --------- 4

8:02 Artist ------------------------------------------------------------------------- BOTH --------- 4

8:03 Callback Audition -------------------------------------------------------- BOTH --------- 4

8:04 Choreographer ----------------------------------------------------------- BOTH --------- 4

8:05 Contractual Fee ---------------------------------------------------------- BOTH --------- 4

8:06 Creative Compensation ------------------------------------------------ BOTH --------- 5

8:07 Company ------------------------------------------------------------------- BOTH --------- 5

8:08 Cover ------------------------------------------------------------------------ BOTH --------- 5

8:09 Director --------------------------------------------------------------------- BOTH --------- 5

8:10 Emergency Rehearsal -------------------------------------------------- BOTH --------- 5

8:11 Engagement Week ------------------------------------------------------ BOTH --------- 5

8:12 Fight Director ------------------------------------------------------------- BOTH --------- 5

8:13 Filing Fee ------------------------------------------------------------------ BOTH --------- 5

8:14 Free Day ------------------------------------------------------------------- BOTH --------- 5

8:15 Half-Hour Call ------------------------------------------------------------- BOTH --------- 5

8:16 Harassment --------------------------------------------------------------- BOTH --------- 5

8:17 Intimacy -------------------------------------------------------------------- BOTH --------- 5

8:18 Intimacy Director --------------------------------------------------------- BOTH --------- 5

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Equity Second City Agreement 2023 - 2025 | Page ii

8:19

Living Allowance --------------------------------------------------------- MAIN ---------- 5

8:20 Original Artist -------------------------------------------------------------- MAIN ---------- 6

8:21 Out-of-Town Artist ------------------------------------------------------- BOTH --------- 6

8:22 Performance Day -------------------------------------------------------- BOTH --------- 6

8:23 Performer ------------------------------------------------------------------ BOTH --------- 6

8:24 Place of Residence ------------------------------------------------------ BOTH --------- 6

8:25 Point of Origin ------------------------------------------------------------- BOTH --------- 6

8:26 Press Opening ------------------------------------------------------------ MAIN ---------- 6

8:27 Process --------------------------------------------------------------------- BOTH --------- 6

8:28 Production ----------------------------------------------------------------- TourCo -------- 6

8:29 Recording ------------------------------------------------------------------ BOTH --------- 6

8:30 Rehearsals ----------------------------------------------------------------- BOTH --------- 6

8:31 Revue ----------------------------------------------------------------------- MAIN ---------- 6

8:32 Role -------------------------------------------------------------------------- BOTH --------- 6

8:33 Stage Manager ----------------------------------------------------------- BOTH --------- 6

8:34 Theatre --------------------------------------------------------------------- BOTH --------- 6

8:35 Theatricals ----------------------------------------------------------------- BOTH --------- 6

8:36 Touring ---------------------------------------------------------------------- TourCo -------- 6

9:00 HARASSMENT AND DISCRIMINATION 7

Preamble ---------------------------------------------------------- BOTH --------- 7

9:01 Not In OUR Space! Program ----------------------------------------- BOTH --------- 7

9:02 Harassment ---------------------------------------------------------------- BOTH --------- 7

9:03 Reporting Harassment and Resolution Process ----------------- BOTH --------- 7

9:04 Requirement to Report ------------------------------------------------ BOTH --------- 8

9:05 Relief of Termination Payment --------------------------------------- BOTH --------- 8

9:06 Dispute Between Equity and the Theatre ------------------------- BOTH --------- 8

9:07 Discrimination -------------------------------------------------------------- ------------------ 8

(A) Discrimination Prohibition ------------------------------------- BOTH --------- 8

(B) Termination Due to Discrimination is Prohibited -------- BOTH --------- 8

(D) Discrimination Due to Pregnancy or Parental Status -- BOTH --------- 8

(E) Discrimination for Association Activity --------------------- BOTH --------- 9

(i) Prohibition of Discrimination -------------------------- ------------------ 9

(ii) Claims ------------------------------------------------------ ------------------ 9

10:00 BREACHES 9

10:01 By the Theatre ------------------------------------------------------------- ------------------ 9

(A) Conditions -------------------------------------------------------- BOTH --------- 9

(B) Procedure --------------------------------------------------------- BOTH --------- 9

(D) Punitive Damages ------------------------------------------------ ------------------ 9

(i) Mainstage ------------------------------------------------- MAIN ---------- 9

(ii) Touring Company --------------------------------------- TourCo ------ 10

(E) No Waiver of Rights -------------------------------------------- BOTH -------- 10

(F) Without Prejudice ----------------------------------------------- BOTH -------- 10

10:02 By the Artist ---------------------------------------------------------------- ----------------- 10

(A) Absences ------------------------------------------------- BOTH ------- 10

(B) Equity’s Right to Dispute ------------------------------ BOTH ------- 10

11:00 CLAIMS 11

11:01 Waiver or Release Not Permissible -------------------------------- BOTH -------- 11

11:02 Time Limit in Lodging Claims ---------------------------------------- BOTH -------- 11

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Equity Second City Agreement 2023 - 2025 | Page iii

12:00 DISPUTE RESOLUTION 11

Preamble --------------------------------------------------------- BOTH -------- 11

12:01 Disagreement over Interpretation ----------------------------------- BOTH -------- 11

12:02 Equity to Act for Members -------------------------------------------- BOTH -------- 11

12:03 Demand -------------------------------------------------------------------- BOTH -------- 11

12:04 Notice ---------------------------------------------------------------------- BOTH -------- 11

12:05 Appointment of Arbitrator --------------------------------------------- BOTH -------- 12

12:06 Hearings ------------------------------------------------------------------- BOTH -------- 12

12:07 Binding Nature of Arbitration ----------------------------------------- BOTH -------- 12

12:08 No Recourse to Court of Law ----------------------------------------- BOTH -------- 12

12:09 No Modification of Agreement --------------------------------------- BOTH -------- 12

12:10 Theatre's Failure --------------------------------------------------------- BOTH -------- 12

12:11 Artist's Failure to Comply --------------------------------------------- BOTH -------- 12

12:12 Expenses ------------------------------------------------------------------ BOTH -------- 12

13:00 AUDITIONS 12

Preamble --------------------------------------------------------- BOTH -------- 12

13:01 Notice of Auditions to Equity ------------------------------------------ BOTH -------- 12

13:02 Audition Submission Prohibition ------------------------------------- BOTH -------- 12

13:03 Annual Auditions --------------------------------------------------------- BOTH -------- 13

13:04 Priority Scheduling ------------------------------------------------------ BOTH -------- 13

13:05 Attendance and Suitable Space ------------------------------------- BOTH -------- 13

13:06 Audition Spaces ---------------------------------------------------------- BOTH -------- 13

13:07 Audition Spaces Accessibility for Performer with a Disability BOTH --------- 13

13:08 Audition Venue Inspection -------------------------------------------- BOTH -------- 13

13:09 Scheduling of Auditions ------------------------------------------------- BOTH -------- 13

13:10 Group Auditions ----------------------------------------------------------- BOTH -------- 13

13:11 Requirement for Performers to Sign-in ----------------------------- BOTH -------- 13

13:12 Casting Authority Present ---------------------------------------------- BOTH -------- 13

13:13 Assignment of Casting Prohibited ---------------------------------- BOTH -------- 14

13:14 Maximum Number of Calls ------------------------------------------- BOTH -------- 14

13:15 Recording of Auditions Prohibited ----------------------------------- BOTH -------- 14

13:16 Auditions with Requested Prepared Material --------------------- BOTH -------- 14

13:17 Availability of Requested Audition Material ----------------------- BOTH -------- 14

13:18 Nudity in Auditions ------------------------------------------------------- BOTH -------- 14

13:19 Callback Auditions -------------------------------------------------------- BOTH -------- 14

14:00 EQUAL ENGAGEMENT OPPORTUNITIES 14

14:01 Equal Engagement Opportunities ------------------------------------ ----------------- 14

(A) Inclusive Casting ------------------------------------------------ BOTH -------- 14

(B) Specific Casting Requirements ----------------------------- TourCo ------- 14

(D) Reporting ---------------------------------------------------------- BOTH -------- 15

15:00 BLACKLISTING BOTH 15

16:00 NON-MEMBERS 15

16:01 Non-Members ------------------------------------------------------------- ----------------- 15

(A) Requirement for an ESCA Engagement Contract ------ BOTH -------- 15

(B) Requirement to Remit Filing Fees -------------------------- BOTH -------- 15

16:02 Touring Into the USA --------------------------------------------------- TourCo ------- 15

17:00 NON-RESIDENT ARTISTS BOTH 15

18:00 CONTINUOUS ENGAGEMENT MAIN 15

19:00 PRODUCTION REGISTRATION BOTH 16

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Equity Second City Agreement 2023 - 2025 | Page iv

20:00 POSTING OF SECURITY 16

20:01 Maintenance of Satisfactory Security-------------------------------- ----------------- 16

(A) Requirement ------------------------------------------------------ BOTH -------- 16

(B) Liability ------------------------------------------------------------- BOTH -------- 16

20:02 Amount --------------------------------------------------------------------- BOTH -------- 16

20:03 Release --------------------------------------------------------------------- BOTH -------- 16

20:04 Cash Deposits ------------------------------------------------------------ BOTH -------- 16

20:05 Theatres in Arrears ------------------------------------------------------- BOTH -------- 16

20:06 Drawing Upon Security ------------------------------------------------- BOTH -------- 17

21:00 CONTRACTS 17

21:01 Equity Contracts ---------------------------------------------------------- BOTH -------- 17

21:02 Effective Date ------------------------------------------------------------ BOTH -------- 17

(A) Press Opening --------------------------------------------------- MAIN --------- 17

21:03 Issuing of -------------------------------------------------------------------- ----------------- 17

(A) Mainstage Contracts -------------------------------------------- MAIN --------- 17

(B) Touring Company ---------------------------------------------- TourCo ------- 17

21:04 Signing of ------------------------------------------------------------------ BOTH -------- 17

21:05 Changes, Alterations and Concessions ---------------------------- BOTH -------- 18

21:06 Triplicate Copy ----------------------------------------------------------- BOTH -------- 18

21:07 Deadlines for Filing ------------------------------------------------------ BOTH -------- 18

21:08 Confidentiality ------------------------------------------------------------- BOTH -------- 18

21:09 Electronic Contract Template Forms ------------------------------ BOTH -------- 18

22:00 RIGHTS IN FUTURE PRODUCTIONS 18

22:01 Rights in Future Productions ------------------------------------------ MAIN --------- 18

23:00 FEES 19

23:01 Legal Tender -------------------------------------------------------------- BOTH -------- 19

23:02 Payment by Direct Deposit -------------------------------------------- BOTH -------- 19

23:03 Payment on Tour -------------------------------------------------------- TourCo ------- 19

23:04 Time of Payment --------------------------------------------------------- BOTH -------- 19

23:05 Taxes ------------------------------------------------------------------------ BOTH -------- 19

23:06 Itemized Deductions and Payments -------------------------------- BOTH -------- 19

23:07 Agency Commission ---------------------------------------------------- BOTH -------- 19

23:08 Additional Services Payments ---------------------------------------- BOTH -------- 19

23:09 Unpaid Fees --------------------------------------------------------------- BOTH -------- 19

23:10 Partial Weeks of Engagement ---------------------------------------- BOTH -------- 20

(A) Timing -------------------------------------------------------------- MAIN --------- 20

(B) Consecutive ------------------------------------------------------- MAIN --------- 20

(D) Insurance Top-Up ----------------------------------------------- BOTH -------- 20

(E) Number of Prorated Days -------------------------------------- BOTH -------- 20

(F) Inclusion of Free Day ------------------------------------------- BOTH -------- 20

(G) Reporting ---------------------------------------------------------- BOTH -------- 20

(H) Failure of the Artist to Rehearse ----------------------------- MAIN --------- 20

23:11 Additional Duties --------------------------------------------------------- BOTH -------- 21

23:12 Fee Schedule -------------------------------------------------------------- ----------------- 21

(A) Current ------------------------------------------------------------- BOTH -------- 21

(B) Contracts Spanning Two Fee Schedules ----------------- BOTH -------- 21

23:13 Mainstage Minimum Fees 2023-2025 ------------------------------ MAIN --------- 21

23:14 Touring Company Minimum Fees 2023-2025 ------------------- TourCo ------- 22

23:15 Choreographer Fees 2023-2025 ------------------------------------- BOTH -------- 23

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Equity Second City Agreement 2023 - 2025 | Page v

23:16

Long-Term Run Bonus ------------------------------------------------- MAIN --------- 23

23:17 Extended Process ------------------------------------------------------- MAIN --------- 23

24:00 CONTINGENT COMPENSATION ON WEEKLY GROSS BOTH 23

25:00 DEDUCTIONS 23

25:01 Deductions ----------------------------------------------------------------- ----------------- 23

(A) Payments of Equity Dues ------------------------------------ BOTH -------- 23

(B) Equity Member Benefits -------------------------------------- BOTH -------- 23

(D) Artists on Tour --------------------------------------------------- TourCo ------- 24

(E) Additional Services --------------------------------------------- BOTH -------- 24

25:02 Remittances -------------------------------------------------------------- BOTH -------- 24

26:00 OUT-OF-TOWN ARTISTS 24

26:01 Obligations When Contract is Three or More Months ---------- BOTH -------- 24

(A) Transportation --------------------------------------------------- BOTH -------- 24

(B) Luggage ----------------------------------------------------------- BOTH -------- 25

26:02 Obligation When Contract is Less Than Three Months ------- BOTH -------- 25

(A) Transportation ---------------------------------------------------- BOTH -------- 25

(B) Luggage ----------------------------------------------------------- BOTH -------- 25

26:03 Housing -------------------------------------------------------------------- MAIN --------- 26

(A) Clean and Sanitary --------------------------------------------- MAIN --------- 26

(B) Relatives and Pets --------------------------------------------- MAIN --------- 26

27:00 NUDITY AND ACTS OF INTIMACY IN PRODUCTION 26

27:01 Sex Acts -------------------------------------------------------------------- BOTH -------- 26

27:02 Notification to the Actor ------------------------------------------------- ----------------- 26

(A) Prior to Signing -------------------------------------------------- TourCo ------- 26

(B) Notice --------------------------------------------------------------- BOTH -------- 26

27:03 Rider to the ESCA Engagement Contract ------------------------ TourCo ------- 26

28:00 SAFE AND SANITARY CONDITIONS 27

Preamble --------------------------------------------------------- BOTH -------- 27

28:01 Minimum Requirements ------------------------------------------------ BOTH -------- 27

28:02 Temperature -------------------------------------------------------------- BOTH -------- 27

28:03 Drinking Water ------------------------------------------------------------ ----------------- 27

28:04 Dressing Rooms ---------------------------------------------------------- ----------------- 27

(A) Supplies and Cleaning ---------------------------------------- BOTH -------- 27

(B) Upkeep ------------------------------------------------------------- MAIN --------- 27

28:05 Equity Cot ------------------------------------------------------------------ MAIN --------- 27

28:06 First Aid --------------------------------------------------------------------- ----------------- 28

(A) First Aid Certification ------------------------------------------- BOTH -------- 28

(B) First Aid Kits ------------------------------------------------------ BOTH -------- 28

28:07 Lavatory and Toilet Facilities ----------------------------------------- BOTH -------- 28

28:08 Deep Cleaning ------------------------------------------------------------ MAIN --------- 28

28:09 Fire Safety Procedure -------------------------------------------------- BOTH -------- 28

(A) Tour Location ---------------------------------------------------- TourCo ------- 28

28:10 Equity’s Discretion ------------------------------------------------------- BOTH -------- 28

29:00 EXTRAORDINARY RISKS 29

29:01 Responsibility of the Theatre ----------------------------------------- BOTH -------- 29

29:02 Rider ------------------------------------------------------------------------ BOTH -------- 29

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Equity Second City Agreement 2023 - 2025 | Page vi

29:03

Dangerous Conditions -------------------------------------------------- BOTH -------- 29

29:04 Production Elements ---------------------------------------------------- BOTH -------- 29

29:05 Smoke and Haze --------------------------------------------------------- BOTH -------- 29

29:06 Firearms -------------------------------------------------------------------- BOTH -------- 29

29:07 Pyrotechnics --------------------------------------------------------------- BOTH -------- 29

29:08 Determination ------------------------------------------------------------- BOTH -------- 29

30:00 CALLBOARD MAIN 30

31:00 LIAISONS AND REPRESENTATIVES 30

31:01 Equity Liaison -------------------------------------------------------------- ----------------- 30

(A) Mainstage --------------------------------------------------------- MAIN --------- 30

(B) Touring Company ---------------------------------------------- TourCo ------- 30

31:02 Equity Representatives -------------------------------------------------- ----------------- 30

(A) Authorized Representatives ---------------------------------- BOTH -------- 30

(B) Equity Company Meetings ----------------------------------- BOTH -------- 30

32:00 COMPANY AND MANAGEMENT MEETINGS 30

32:01 Mainstage ------------------------------------------------------------------ MAIN --------- 30

32:02 Touring Company ------------------------------------------------------- TourCo ------- 31

33:00 DUTIES OF THE ARTIST 31

33:01 Duties ----------------------------------------------------------------------- BOTH -------- 31

33:02 Infractions ----------------------------------------------------------------- BOTH -------- 31

33:03 Intoxication or Impairment --------------------------------------------- BOTH -------- 31

34:00 TICKETING POLICIES 31

34:01 Comp Policy --------------------------------------------------------------- BOTH -------- 31

34:02 Complimentary Tickets on Tour -------------------------------------- TourCo ------- 31

34:03 Equity Members ---------------------------------------------------------- MAIN --------- 32

35:00 REHEARSALS 32

Preamble ---------------------------------------------------------- BOTH -------- 32

35:01 Timeline – Start of Process ------------------------------------------- MAIN --------- 32

35:02 Mainstage Hours --------------------------------------------------------- MAIN --------- 32

35:03 TourCo Hours ------------------------------------------------------------- TourCo ------- 32

35:04 Additional Services ------------------------------------------------------ BOTH -------- 32

35:05 Breaks ----------------------------------------------------------------------- ----------------- 32

(A) Meal Break ------------------------------------------------------- BOTH -------- 32

(B) During Rehearsal ------------------------------------------------ BOTH -------- 32

(i) Mainstage -------------------------------------------------- MAIN -------- 33

(ii) Touring Company -------------------------------------- TourCo ------ 33

(D) Rehearsals After a Performance --------------------------- BOTH -------- 33

(E) Between Travel and Rehearsal or Performance ------- TourCo ------- 33

35:06 Note Sessions ------------------------------------------------------------ BOTH -------- 34

35:07 Notice of Calls ------------------------------------------------------------ BOTH -------- 34

35:08 Press Opening and Revue Identity ---------------------------------- MAIN --------- 34

35:09 Rehearsal of Current Production After Press Opening -------- MAIN --------- 34

35:11 Workshops and Classes ----------------------------------------------- MAIN --------- 34

35:12 Rehearsals Lost ---------------------------------------------------------- BOTH -------- 34

35:13 Span of Day ---------------------------------------------------------------- ----------------- 34

(A) Performers -------------------------------------------------------- MAIN --------- 34

(B) Stage Management --------------------------------------------- MAIN --------- 35

35:14 Emergency Rehearsal -------------------------------------------------- MAIN --------- 35

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Equity Second City Agreement 2023 - 2025 | Page vii

36:00 FREE DAY 35

36:01 Requirement -------------------------------------------------------------- BOTH -------- 35

36:02 Period Between Days Off ---------------------------------------------- BOTH -------- 35

36:03 Notice of Change -------------------------------------------------------- BOTH -------- 35

36:04 Christmas Day ------------------------------------------------------------ BOTH -------- 35

37:00 ANNOUNCEMENTS 35

37:01 Method ---------------------------------------------------------------------- BOTH -------- 35

37:02 Front of House Entrances or Exits ---------------------------------- BOTH -------- 35

38:00 BILLING 36

38:01 Billing ------------------------------------------------------------------------ BOTH -------- 36

38:02 Promotion of the Artist --------------------------------------------------- ----------------- 36

(A) Billing --------------------------------------------------------------- BOTH -------- 36

(B) Billing Provisions ------------------------------------------------ BOTH -------- 36

38:03 Breaches ------------------------------------------------------------------- BOTH -------- 36

(A) Mainstage --------------------------------------------------------- MAIN --------- 36

(B) Touring Company ---------------------------------------------- TourCo ------- 36

38:04 Stage Management ----------------------------------------------------- BOTH -------- 37

(A) Photographs and Biographies ------------------------------- MAIN --------- 37

(B) Billing Page ------------------------------------------------------- MAIN --------- 37

38:05 Website Billing ------------------------------------------------------------ BOTH -------- 37

39:00 HOUSEBOARDS, CAST LISTS AND PROGRAMS 37

39:01 Houseboards/Digital Screens ----------------------------------------- ----------------- 37

(A) Mainstage --------------------------------------------------------- BOTH -------- 37

(B) Touring Company ---------------------------------------------- TourCo ------- 37

39:02 Free Program ------------------------------------------------------------- BOTH -------- 37

39:03 Artist Photographs ------------------------------------------------------ BOTH -------- 37

39:04 Biographies----------------------------------------------------------------- ----------------- 38

(A) Biographical Material ------------------------------------------- MAIN --------- 38

(B) Biographies Not In Program ---------------------------------- MAIN --------- 38

39:05 Cast List ------------------------------------------------------------------- TourCo ------- 38

39:06 Errors or Omissions ---------------------------------------------------- BOTH -------- 38

(A) Breach ------------------------------------------------------------- BOTH -------- 38

(B) Directors and Choreographers ------------------------------ BOTH -------- 38

39:07 Artist Leaving a Company ---------------------------------------------- ----------------- 38

(A) Houseboards, Cast Lists and Frames --------------------- BOTH -------- 38

(B) Programs ---------------------------------------------------------- MAIN --------- 39

40:00 CREATIVE COMPENSATION AND OWNERSHIP OF MATERIAL 39

40:01 Creative Compensation ------------------------------------------------ MAIN --------- 39

40:02 Touring Company Writing -------------------------------------------- TourCo ------- 39

40:03 Ownership of Material -------------------------------------------------- BOTH -------- 39

41:00 OVERNIGHT REST PERIOD 40

41:01 Standard ------------------------------------------------------------------- BOTH -------- 40

41:02 Stage Management ----------------------------------------------------- BOTH -------- 40

41:03 Return to Point of Origin ---------------------------------------------- TourCo ------- 41

42:00 WARDROBE AND MAKE-UP 41

42:01 Costumes ----------------------------------------------------------------- BOTH -------- 41

42:02 Declared Value ----------------------------------------------------------- BOTH -------- 41

42:03 Cleaning and Upkeep --------------------------------------------------- ----------------- 41

(A) Mainstage --------------------------------------------------------- MAIN --------- 41

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Equity Second City Agreement 2023 - 2025 | Page viii

(B)

Touring Company ---------------------------------------------- TourCo ------- 41

42:04 Kneepads ------------------------------------------------------------------ BOTH -------- 41

42:05 Make-up -------------------------------------------------------------------- BOTH -------- 41

42:06 Change of Hair Colour or Style -------------------------------------- MAIN --------- 42

43:00 PROPERTY: REIMBURSEMENT FOR LOSS OR DAMAGE 42

43:01 Limits ------------------------------------------------------------------------ BOTH -------- 42

43:02 Valuables Lockup --------------------------------------------------------- ----------------- 42

(A) Mainstage --------------------------------------------------------- MAIN --------- 42

(B) Touring Company ---------------------------------------------- TourCo ------- 42

43:03 Liability ---------------------------------------------------------------------- BOTH -------- 42

43:04 Insurance ------------------------------------------------------------------- BOTH -------- 42

44:00 PERFORMANCES 43

Preamble -------------------------------------------------------------------------------- ----------------- 43

44:01 Number of Performances ----------------------------------------------- ----------------- 43

(A) Mainstage ---------------------------------------------------------- MAIN --------- 43

(B) Touring Company ---------------------------------------------- TourCo ------- 43

44:02 Span of Day: Two-Performance Day ------------------------------ MAIN --------- 43

44:03 Extra Performances ---------------------------------------------------- MAIN --------- 43

(A) Notice -------------------------------------------------------------- MAIN --------- 43

(B) Payment ----------------------------------------------------------- MAIN --------- 43

(D) Performances on the Artist’s Free Day -------------------- MAIN --------- 43

44:04 Half-Hour Call ------------------------------------------------------------- BOTH -------- 43

44:05 Breaks Between Performances --------------------------------------- ----------------- 44

(A) Requirement ------------------------------------------------------ BOTH -------- 44

(i) Additional Services Provided During the

First Half Hour ------------------------------------------- BOTH ------- 44

(ii) Additional Services Provided During the

Second Half Hour --------------------------------------- BOTH ------- 44

44:06 Notice of Changes -------------------------------------------------------- ----------------- 44

(A) Mainstage --------------------------------------------------------- MAIN --------- 44

(B) Touring Company ---------------------------------------------- TourCo ------- 44

44:07 New Year’s Eve ---------------------------------------------------------- BOTH -------- 44

45:00 TABLE SERVICE DURING PERFORMANCES 44

45:01 Clear Aisles ---------------------------------------------------------------- BOTH -------- 44

45:02 Management Duty ------------------------------------------------------- MAIN --------- 44

46:00 PER DIEM AND HOUSING ON TOUR 45

46:01 Per Diem -------------------------------------------------------------------- ----------------- 45

(A) Local Touring ---------------------------------------------------- TourCo ------- 45

(B) Run-Out Less than Five Hours ------------------------------ TourCo ------- 45

(D) Overnight Touring ---------------------------------------------- TourCo ------- 45

46:02 Accommodations -------------------------------------------------------- TourCo ------- 45

(A) Clean and Sanitary --------------------------------------------- TourCo ------- 45

(B) Single Occupancy ---------------------------------------------- TourCo ------- 45

(D) Distance to Venue ---------------------------------------------- TourCo ------- 45

46:03 Self-Obtained Accommodations ------------------------------------- TourCo ------- 46

47:00 TRANSPORTATION 46

47:01 Transportation of Artist by Theatre ----------------------------------- ----------------- 46

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Equity Second City Agreement 2023 - 2025 | Page ix

(A)

Theatre’s Expense --------------------------------------------- TourCo ------- 46

(B) Use of Personal Vehicle --------------------------------------- BOTH -------- 46

(D) Tickets of Cash Equivalent Three Days in Advance TourCo ---------- 46

47:02 Equity Travel Insurance ------------------------------------------------- ----------------- 47

(A) Requirement ----------------------------------------------------- TourCo ------- 47

(B) Plan ----------------------------------------------------------------- TourCo ------- 47

(i) Premiums ------------------------------------------------ TourCo ------ 47

(ii) Late Payments ------------------------------------------ TourCo ------ 47

(D) Monthly Billing Reminder ------------------------------------- TourCo ------- 47

47:03 Health Insurance --------------------------------------------------------- TourCo ------- 47

47:04 Air Travel ------------------------------------------------------------------ TourCo ------- 47

(A) Delay en Route ------------------------------------------------- TourCo ------- 47

(B) Excess Luggage ------------------------------------------------ TourCo ------- 47

47:05 Automobile, Train, and Bus Transportation ---------------------- TourCo ------- 48

47:06 Automobile/Company Vehicle Transportation on Tour --------- ----------------- 48

(A) Travel Call -------------------------------------------------------- TourCo ------- 48

(B) Delay by Artist --------------------------------------------------- TourCo ------- 48

(D) Travel After Midnight ------------------------------------------ TourCo ------- 48

47:07 Company Vehicle ------------------------------------------------------- TourCo ------- 48

(A) Number of Seats ------------------------------------------------ TourCo ------- 48

(B) Blankets ----------------------------------------------------------- TourCo ------- 48

(D) Scenery and Luggage ----------------------------------------- TourCo ------- 49

(E) Routing ------------------------------------------------------------ TourCo ------- 49

(F) Van Conduct Policy -------------------------------------------- TourCo ------- 49

(G) Driving Company Vehicle ------------------------------------ TourCo ------- 49

47:08 Coach Train Transportation -------------------------------------------- ----------------- 49

(A) Calculation of Travel Time ----------------------------------- TourCo ------- 49

47:09 Luggage --------------------------------------------------------------------- ----------------- 49

(A) Hand Luggage -------------------------------------------------- TourCo ------- 49

(B) Trunk/Luggage -------------------------------------------------- TourCo ------- 50

48:00 SICK LEAVE, BEREAVEMENT LEAVE AND PERSONAL DAYS 50

48:01 Sick Leave ----------------------------------------------------------------- BOTH -------- 50

48:02 Bereavement Leave ----------------------------------------------------- BOTH -------- 50

48:03 Personal Days ----------------------------------------------------------- MAIN --------- 50

48:04 Pregnancy & Parental Leave ---------------------------------------- BOTH -------- 50

49:00 VACATION 50

49:01 Vacation Allotment ------------------------------------------------------ MAIN --------- 50

49:02 Notice of Vacation ------------------------------------------------------- MAIN --------- 51

49:03 Stage Management Vacation Pay ----------------------------------- BOTH -------- 51

50:00 MORE REMUNERATIVE ENGAGEMENT 51

50:01 Permitted Absences ----------------------------------------------------- MAIN --------- 51

50:02 Notice to the Theatre --------------------------------------------------- MAIN --------- 51

(i) One to Two Days ------------------------------------------------- ----------------- 51

(ii) Three to Four Days ---------------------------------------------- ----------------- 51

(iii) Five or More Days ----------------------------------------------- ----------------- 51

50:03 Reasons for Denial ------------------------------------------------------ MAIN --------- 51

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Equity Second City Agreement 2023 - 2025 | Page x

50:04

Reduction of Weekly Fee ---------------------------------------------- MAIN --------- 51

51:00 UNDERSTUDIES 52

51:01 Requirement --------------------------------------------------------------- ----------------- 52

(A) Mainstage --------------------------------------------------------- MAIN --------- 52

(B) Touring Company ---------------------------------------------- TourCo ------- 52

51:02 Rehearsal Conditions ---------------------------------------------------- ----------------- 52

(A) Rehearsal Time -------------------------------------------------- BOTH -------- 52

(B) Put-In Rehearsal ------------------------------------------------- BOTH -------- 52

51:03 Precondition to Perform ------------------------------------------------ TourCo ------- 52

51:04 Payment -------------------------------------------------------------------- TourCo ------- 52

51:05 Insurance Premium ------------------------------------------------------ TourCo ------- 52

51:06 Emergency Replacement ---------------------------------------------- BOTH -------- 52

51:07 Understudy Not Available ---------------------------------------------- BOTH -------- 53

52:00 CAST CHANGES 53

52:01 Replacement or Understudy ------------------------------------------- ----------------- 53

(A) Mainstage --------------------------------------------------------- MAIN --------- 53

(B) Touring Company ----------------------------------------------- TourCo ------- 53

52:02 Announcement ----------------------------------------------------------- BOTH -------- 53

52:03 Breach ---------------------------------------------------------------------- BOTH -------- 53

53:00 INTERVIEWS AND PUBLICITY APPEARANCES 54

Preamble ---------------------------------------------------------- BOTH -------- 54

53:01 Promotional Appearances --------------------------------------------- BOTH -------- 54

(A) Notice --------------------------------------------------------------- BOTH -------- 54

(B) Breaks -------------------------------------------------------------- BOTH -------- 54

(D) Stage Management Requirement --------------------------- BOTH -------- 54

(E) Outside of Point of Origin ------------------------------------- MAIN --------- 54

(F) In Excess of Limits ---------------------------------------------- BOTH -------- 55

53:02 Touring Company Appearances ------------------------------------- TourCo ------- 55

53:03 Reimbursement of Expenses ----------------------------------------- BOTH -------- 55

54:00 PHOTOGRAPHS AND RECORDINGS – GENERAL PROVISIONS 55

Preamble ---------------------------------------------------------- BOTH -------- 55

54:01 General Provisions ------------------------------------------------------ BOTH -------- 55

54:02 Social Media --------------------------------------------------------------- BOTH -------- 55

54:03 Notice of Recording and Declared Use ----------------------------- ----------------- 56

(A) Notice of Calls ---------------------------------------------------- BOTH -------- 56

(B) Initial Declared Use --------------------------------------------- BOTH -------- 56

54:04 Scheduling of Calls ------------------------------------------------------- ----------------- 56

(A) Calls for Recordings -------------------------------------------- BOTH -------- 56

(B) Non-Rehearsal Calls for Touring Company -------------- TourCo ------- 56

(D) Calls Prior to Engagement Period -------------------------- MAIN --------- 56

54:05 Other Conditions ---------------------------------------------------------- ----------------- 57

(A) Nude Recordings ------------------------------------------------ BOTH -------- 57

(B) Alteration of Images or Footage ----------------------------- BOTH -------- 57

(D) Use of Recorded Material for Promotion

of Canadian Theatre -------------------------------------------- BOTH -------- 57

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Equity Second City Agreement 2023 - 2025 | Page xi

54:06

Capture of Material in Rehearsal or Backstage ------------------ ----------------- 57

(A) Capture During Rehearsal and Process ------------------ BOTH -------- 57

(B) Capture Backstage Mainstage ------------------------------- MAIN --------- 57

54:07 Use of Recordings by the Artist -------------------------------------- BOTH -------- 58

55:00 PHOTOGRAPHS 58

55:01 Photo Calls ---------------------------------------------------------------- BOTH -------- 58

(A) Additional Call ---------------------------------------------------- MAIN --------- 58

(B) Two-Show Day --------------------------------------------------- BOTH -------- 58

55:02 Use of Photos in Publicity Material ---------------------------------- BOTH -------- 58

55:03 Identification of Photographs ----------------------------------------- BOTH -------- 58

55:04 Use of Production Photographs - Special Provisions ---------- BOTH -------- 58

(i) Books and Publications ---------------------------------------- ----------------- 59

(ii) Academic and Training Institutions -------------------------- ----------------- 59

(iii) Study Guides ------------------------------------------------------ ----------------- 59

55:05 Use of Production Photographs for Merchandise ---------------- ----------------- 59

(A) Written Authorization ------------------------------------------- BOTH -------- 59

(B) Payment for Use of Image for Merchandise ------------- BOTH -------- 59

56:00 AUDIO VISUAL RECORDINGS 60

56:01 Declared Use ------------------------------------------------------------- BOTH -------- 60

(A) Reference and Maintenance -------------------------------- BOTH -------- 60

(B) Publicity & Promotion for Current Productions ---------- BOTH -------- 60

(D) Other ---------------------------------------------------------------- BOTH -------- 60

56:02 Credit and Billing for Audio and/or Visual Recordings --------- BOTH -------- 61

56:03 Current Affairs ------------------------------------------------------------ BOTH -------- 61

56:04 Stipulations ---------------------------------------------------------------- BOTH -------- 61

57:00 VISUAL OR AUDIO RECORDINGS – USE IN PRODUCTION 61

57:01 Conditions For ------------------------------------------------------------- ----------------- 61

(A) Artists’ Agreement ---------------------------------------------- BOTH -------- 61

(B) Recording Sessions -------------------------------------------- BOTH -------- 61

57:02 Artist Leaving a Production ------------------------------------------- BOTH -------- 61

(A) Mainstage ---------------------------------------------------------- MAIN --------- 61

(B) Touring Company ----------------------------------------------- TourCo ------- 61

57:03 Artist Engaged for Recording ----------------------------------------- MAIN --------- 62

58:00 RECORDINGS AND BROADCASTS – COMMERCIAL USE 62

58:01 Scope ------------------------------------------------------------------------ ----------------- 62

(A) Preservation ------------------------------------------------------ BOTH -------- 62

(B) Broadcast ---------------------------------------------------------- BOTH -------- 62

58:02 Recording Rates --------------------------------------------------------- BOTH -------- 62

(i) Performers --------------------------------------------------------- ----------------- 62

(ii) Choreographers & Directors ---------------------------------- ----------------- 62

(iii) Stage Management ---------------------------------------------- ----------------- 62

58:03 Notification ---------------------------------------------------------------- BOTH -------- 63

58:04 Additional Rehearsals -------------------------------------------------- BOTH -------- 63

58:05 Maximum Call ------------------------------------------------------------- ----------------- 63

58:06 Recording on a Day with No Performance ------------------------ BOTH -------- 63

58:07 Two-Show Day ----------------------------------------------------------- BOTH -------- 63

58:08 Recording After Production Closed/Artist Leaves Production ----------------- 63

(A) Original Artist ----------------------------------------------------- BOTH -------- 63

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Equity Second City Agreement 2023 - 2025 | Page xii

58:09

Artist Dismissed ---------------------------------------------------------- BOTH -------- 63

59:00 TERMINATION 64

59:01 Notice Period -------------------------------------------------------------- BOTH -------- 64

59:02 Delivery of Notice --------------------------------------------------------- ----------------- 64

(A) Written -------------------------------------------------------------- BOTH -------- 64

(B) Methods ------------------------------------------------------------ BOTH -------- 64

(D) Timing -------------------------------------------------------------- BOTH -------- 64

59:03 Deductions ----------------------------------------------------------------- BOTH -------- 64

59:04 Termination Before Engagement ------------------------------------ BOTH -------- 64

(A) Notice By Artist --------------------------------------------------- ----------------- 64

(i) Mainstage ------------------------------------------------- MAIN -------- 64

(ii) Touring Company --------------------------------------- TourCo ------ 64

(B) Notice By Theatre ------------------------------------------------ ----------------- 64

(i) Mainstage ------------------------------------------------- MAIN -------- 64

(ii) Touring Company --------------------------------------- TourCo ------ 65

59:05 After Beginning of Engagement -------------------------------------- BOTH -------- 65

59:06 During Process or Rehearsals ---------------------------------------- ----------------- 65

(A) By Artist ------------------------------------------------------------ MAIN --------- 65

(B) By Theatre --------------------------------------------------------- MAIN --------- 65

59:07 Termination After Press Opening ------------------------------------- ----------------- 65

(A) Notice --------------------------------------------------------------- MAIN --------- 65

59:08 Company Termination Before Press Opening ------------------- MAIN --------- 65

59:09 Extension of ESCA Engagement Contract ------------------------- ----------------- 65

(A) Absence of Option ---------------------------------------------- BOTH -------- 65

(B) Written Agreement ---------------------------------------------- BOTH -------- 65

59:10 Absence due to Accidents Involving Extraordinary Risk ------ BOTH -------- 66

59:11 Absence Due to Illness or Accident ---------------------------------- ----------------- 66

(A) Termination For -------------------------------------------------- BOTH -------- 66

(B) Payment ----------------------------------------------------------- BOTH -------- 66

59:12 Payment When Artist is Not Allowed to Work Out Notice ----- BOTH -------- 66

59:13 Rights After Giving Notice When Artist Secures New Engagement BOTH - 66

59:14 Return Transportation Costs ------------------------------------------- ----------------- 66

(A) Termination by Theatre ---------------------------------------- BOTH -------- 66

(B) Termination by Artist -------------------------------------------- BOTH -------- 66

59:15 Filing of Notice ------------------------------------------------------------ BOTH -------- 66

59:16 Growth or Physical Appearance ------------------------------------- BOTH -------- 67

59:17 Termination Due to Impairment -------------------------------------- BOTH -------- 67

59:18 Unauthorized Absence ------------------------------------------------- BOTH -------- 67

60:00 MILITARY SERVICE OR JURY DUTY BOTH 67

61:00 STAGE MANAGEMENT 67

Preamble ---------------------------------------------------------- BOTH -------- 67

61:01 Equity Stage Management -------------------------------------------- BOTH -------- 67

61:02 Script Changes ----------------------------------------------------------- BOTH -------- 67

61:03 Contractual Obligations Requiring

Stage Manager's Assistance ------------------------------------------ BOTH -------- 67

61:04 Consultation on Selection of Stage Management Personnel MAIN --------- 67

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61:05

Stage Management Staffing Formulae ---------------------------- BOTH -------- 68

(A) Requirements ---------------------------------------------------- BOTH -------- 68

(B) Assistant Stage Managers ------------------------------------ BOTH -------- 68

61:06 Pre-Production Preparation -------------------------------------------- ----------------- 68

(A) Term of Engagement – Mainstage ------------------------- MAIN --------- 68

(B) Term of Engagement – Touring Company --------------- TourCo ------- 68

(D) Apprentice Stage Managers ---------------------------------- MAIN --------- 68

61:07 Additional Benefits ------------------------------------------------------- BOTH -------- 68

61:08 Apprentice Stage Managers ----------------------------------------- MAIN --------- 68

(A) Registration ------------------------------------------------------- MAIN --------- 69

(B) Maximum Number ---------------------------------------------- MAIN --------- 69

(D) Hours of Work --------------------------------------------------- MAIN --------- 69

(E) Length of Engagement ---------------------------------------- MAIN --------- 69

61:09 Prohibited Duties --------------------------------------------------------- BOTH -------- 69

(A) Fulfilling Duties of Union Members ------------------------- BOTH -------- 69

(B) Fulfilling Duties of Theatre Management ----------------- BOTH -------- 69

(D) Building Maintenance ------------------------------------------ BOTH -------- 69

(E) Payroll -------------------------------------------------------------- BOTH -------- 69

(F) Serving Meals ---------------------------------------------------- BOTH -------- 69

61:10 Understudying and Performing --------------------------------------- BOTH -------- 70

61:11 Duties and Responsibilities of Stage Management ------------- BOTH -------- 70

(A) Discretion in Organization of Work ------------------------- BOTH -------- 70

(B) Organization of Rehearsals and Performances --------- BOTH -------- 70

(D) Scheduling Set-Ups, Strikes, Load-Ins and Load-Outs TourCo ------- 70

(E) Co-ordination and Communication ------------------------- BOTH -------- 70

(F) Scene Change Rehearsals and Cueing Sessions ----- BOTH -------- 70

(G) Running Order and Cue Sheets ----------------------------- BOTH -------- 70

(H) Maintenance of Artistic and Technical Intentions ------- BOTH -------- 71

(I) Show Reports ---------------------------------------------------- BOTH -------- 71

(J) Record-Keeping ------------------------------------------------- BOTH -------- 71

(K) Health and Safety ----------------------------------------------- BOTH -------- 71

(L) Physical Welfare of Company Members ------------------ BOTH -------- 71

(M) Dressing Area ---------------------------------------------------- BOTH -------- 71

(N) Backstage Area -------------------------------------------------- BOTH -------- 71

(O) Collection of Valuables ---------------------------------------- BOTH -------- 71

61:12 Other Duties --------------------------------------------------------------- BOTH -------- 72

(A) Laundry Duties --------------------------------------------------- MAIN --------- 72

(B) Wig Maintenance ------------------------------------------------ BOTH -------- 72

(D) Running Props/Purchase and Preparation --------------- BOTH -------- 72

(E) Operating and/or Maintaining Pyrotechnics

and Practical Guns ---------------------------------------------- BOTH -------- 72

(F) Typing Scripts ---------------------------------------------------- BOTH -------- 72

61:13 Lights and Sound Operation ------------------------------------------ BOTH -------- 72

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61:14

Production Meetings ---------------------------------------------------- MAIN --------- 72

(A) Outside Rehearsal/Preparation Time ---------------------- MAIN --------- 73

(B) After an On-Stage Rehearsal -------------------------------- MAIN --------- 73

61:15 Stage Management Working Day ----------------------------------- BOTH -------- 73

61:16 Preparation Time --------------------------------------------------------- MAIN --------- 73

(i) Rehearsal Only Day -------------------------------------------- MAIN --------- 73

(ii) Performance Only Day (One and Two-Show Days) --- MAIN --------- 73

(iii) Rehearsal then Performance Day -------------------------- MAIN --------- 73

(iv) Performance then Rehearsal Day -------------------------- MAIN --------- 74

61:17 Stage Management Overtime ----------------------------------------- ----------------- 74

(A) Approval ----------------------------------------------------------- BOTH -------- 74

(B) Reporting ---------------------------------------------------------- BOTH -------- 74

61:18 Vehicle Use ---------------------------------------------------------------- BOTH -------- 74

61:19 Stage Management Email Addresses and Use of

Personal Computers and Phones ------------------------------------ ----------------- 75

(A) Email ---------------------------------------------------------------- BOTH -------- 75

(B) Computer Access ----------------------------------------------- BOTH -------- 75

61:20 Emergency Replacement ----------------------------------------------- ----------------- 75

(A) Mainstage --------------------------------------------------------- MAIN --------- 75

(B) Touring Company ----------------------------------------------- TourCo ------- 75

61:21 Stage Management Understudy Assignment -------------------- TourCo ------- 75

(A) Payment ----------------------------------------------------------- TourCo ------- 75

(B) Insurance Premium --------------------------------------------- TourCo ------- 76

62:00 DIRECTORS AND CHOREOGRAPHERS 76

62:01 Contract Requirements -------------------------------------------------- ----------------- 76

(A) Terms and Conditions ------------------------------------------ BOTH -------- 76

(B) Non-Member Other Affiliation -------------------------------- BOTH -------- 76

62:02 Completion of Contract ------------------------------------------------- MAIN --------- 76

62:03 Giving Notes During the Performance Run ----------------------- BOTH -------- 76

62:04 Direction or Choreography Altered --------------------------------- BOTH -------- 76

62:05 Duties of a Director ------------------------------------------------------- ----------------- 76

(A) Rehearsals -------------------------------------------------------- BOTH -------- 76

(B) Meetings and Consultations ---------------------------------- BOTH -------- 76

(i) Before Signing ------------------------------------------- BOTH ------- 77

(ii) After Signing --------------------------------------------- BOTH ------- 77

(iii) After Opening -------------------------------------------- MAIN -------- 77

62:06 Duties of a Choreographer --------------------------------------------- ----------------- 77

(A) Rehearsals -------------------------------------------------------- BOTH -------- 77

(B) Meetings and Consultations ---------------------------------- BOTH -------- 77

62:07 Royalties -------------------------------------------------------------------- ----------------- 78

(A) Requirement For Royalty - Mainstage --------------------- MAIN --------- 78

(B) Amount of Royalty ----------------------------------------------- MAIN --------- 78

(D) Choreographers ------------------------------------------------- MAIN --------- 78

62:08 Custom of the Trade ---------------------------------------------------- BOTH -------- 78

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Equity Second City Agreement 2023 - 2025 | Page xv

62:09

Multiple Assignments ---------------------------------------------------- ----------------- 78

(A) Stage Managing ------------------------------------------------- BOTH -------- 78

(B) Choreographing ------------------------------------------------- BOTH -------- 78

62:10 Assistant Directors and Assistant Choreographers ------------- ----------------- 78

(A) Requirement for Engagement Contract ------------------- MAIN --------- 78

(B) Emergency Replacement of Director

or Choreographer ----------------------------------------------- MAIN --------- 78

62:11 Training and Professional Development --------------------------- MAIN --------- 79

63:00 FIGHT DIRECTORS 79

63:01 Mainstage ------------------------------------------------------------------ MAIN --------- 79

63:02 Touring Company -------------------------------------------------------- TourCo ------- 79

64:00 INTIMACY DIRECTORS BOTH 79

65:00 TERM OF AGREEMENT BOTH 79

APPENDIX I SIDE LETTER RE: TOURCO CLAUSES 80

APPENDIX II SIDE LETTER RE: PERFORMANCE SCHEDULE 80

Equity Second City Agreement 2023 - 2025 | Page 1

PREAMBLE

(A) Agreement BOTH

The Equity Second City Agreement (hereinafter called "ESCA") is made between

Canadian Actors' Equity Association (hereinafter called "Equity") and The Second City

Canada, Inc. (hereinafter called the “Theatre”).

(B) Purpose BOTH

The general purpose of this Agreement is to secure for the members of Equity who

are independent contractors, the full benefits of orderly collective bargaining

(including but not limited to hours of work, minimum fees and working conditions) and

the administration of matters within the purview of this Agreement.

Equity is the professional association of Performers, Directors, Choreographers, Fight

Directors, and Stage Managers in English Canada who are engaged in live

performance in theatre, opera and dance.

Recognizing that the arts are vital to life and artists make an invaluable contribution

to our society, the Association supports the creative efforts of its members by seeking

to improve their working conditions and opportunities.

The business of Equity is to negotiate and administer collective agreements, provide

benefit plans, information and support, and act as an advocate for its membership.

Equity strives for fairness, integrity and compassion in all its endeavours.

(D) Second City BOTH

The Second City Canada, Inc. operates a sketch and improv comedy theatre, located

in Toronto, Ontario. The Second City Artists create original works for the Resident

Stages, tour archive materials, and present theatrical offerings in Toronto and beyond.

(E) Application of Clauses BOTH

For the purposes of this Agreement, clauses denoted “Main” shall apply to the

Mainstage Company, clauses denoted “TourCo” shall apply to the Touring Company

and clauses denoted “BOTH” shall apply to both the Mainstage Company and the

Touring Company.

(F) Paragraph Headings BOTH

The paragraph headings used herein are inserted for convenience only and are not

part of the ESCA.

1:00 RECOGNITION OF EQUITY AND THE APPLICATION OF AGREEMENT BOTH

The Second City Theatre, Inc. Toronto agrees to recognize Canadian Actors’ Equity

Association as the exclusive bargaining representative of the Artists (Performers,

Directors, Choreographers, Fight Directors Stage Managers, and Assistant Stage

Managers) engaged by it for the purpose of collective bargaining and the

administration of matters within the scope of this Agreement.

2:00 THEATRICALS BOTH

When the Theatre wishes to engage in the mounting of Theatricals as defined in

Clause 8:34, the Theatre shall adhere to and follow all terms and conditions of the

Independent Theatre Agreement specifically for such a production.

3:00 ARTIST’S OBLIGATIONS TO EQUITY BOTH

Nothing contained in any engagement contract signed by an Artist shall interfere with

the carrying out of any obligation which an Artist owes to Equity by virtue of the Artist’s

signing the contract. The Theatre shall not request or require any Artist to do any act

or thing forbidden by the Constitution and Bylaws of Equity or by the rules or

regulations of the Council of Equity, of its authorized representatives. The Theatre will

require the Artist to do and/or assent to the Artist doing any and all acts required by

the foregoing.

Equity Second City Agreement 2023 - 2025 | Page 2

3:01 Equity Members in Good Standing BOTH

As a condition of engagement, an Equity member shall be a member in good standing

during the entire term of their engagement. The Equity member has authorized Equity

to act on their behalf with reference to the specific matters set out in the ESCA.

Up to fourteen (14) days prior to the intended start date of an ESCA Engagement

Contract, the Theatre may inquire in writing, as to the status of an Artist’s membership

directly from Equity. Upon confirmation from Equity that a member is in good standing,

for the purposes and duration of the ESCA Engagement Contract, the member shall

be deemed to be in good standing. Should the member fall into arrears between

confirmation from Equity and the end of the ESCA Engagement Contract, it is the

member’s sole responsibility to rectify the situation directly with Equity.

At the time of the Theatre’s inquiry, should the member be found to be not in good

standing, or should Equity be unable to confirm that a member is in good standing,

the Theatre may withdraw any contract offer without recourse by the member or

Equity.

3:02 Equity Constitution and Bylaws BOTH

If the Constitution, Bylaws, rules and regulations of Equity as they now exist or as

they may hereafter be amended, are in conflict with the fulfilment of the provisions of

the ESCA, then the provisions of the ESCA shall prevail.

3:03 Discipline of Members BOTH

Notwithstanding the above, nothing herein contained shall be deemed to limit the right

of Equity to suspend, expel or otherwise discipline any member or refuse to admit any

non-member pursuant to the Constitution, Bylaws, rules and regulations of Equity.

4:00 BINDING EFFECT OF AGREEMENT BOTH

Agreements between the Theatre and so-called “packagers”, casting consultants,

agents, Theatre’s representatives, or Artist’s representatives shall in no way limit or

reduce the Theatre’s liability or responsibility to fulfil all terms and conditions of the

ESCA Engagement Contracts to which the Theatre is a signatory.

All ESCA Engagement Contracts signed pursuant to this Equity Second City

Agreement are binding not only upon the signers on the face thereof, but upon any

and all corporations, co-partnerships, enterprises, and/or groups, which either signer

directs, controls or is interested in, and are hereby agreed to be adopted as their

contract by each of them.

5:00 LAWS GOVERNING

5:01 Provincial Jurisdiction BOTH

Except as provided hereinafter, the ESCA shall be subject to and construed by the

laws of the province in which the Theatre has its point of origin.

5:02 Statutory Conflicts BOTH

If the provisions of any statute applicable to the contract of engagement are in conflict

with the contract, then the contract of engagement shall be deemed to be modified so

as to comply with the statute.

5:03 Canadian Statutes BOTH

Any clauses contained herein illegal in Canada, or any province, territory or

municipality thereof shall not be binding therein. Any illegality in any clause of the

ESCA shall not affect any other clause of the ESCA.

5:04 Provisions Affected BOTH

If any provision of the ESCA shall be held invalid or unlawful by any tribunal of

competent jurisdiction, the remaining provisions shall not be affected thereby, but

shall remain severally valid, binding and in full force and effect.

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6:00 PRODUCTION PROSECUTED BOTH

Should the production in which the Artist is engaged be complained of as being in

violation of any statute, ordinance, or law of Canada, or any province or any

municipality in any province, and should a claim or charge be made against the Artist

on account of being engaged in such production, either civil or criminal, the Theatre

shall defend the Artist at the Theatre’s own expense, or shall pay any and all

reasonable charges laid out or incurred by the Artist in the Theatre’s defense, and

indemnify the Artist against any loss or damage which the Artist may suffer on account

of being engaged in any such production.

It is specifically agreed and understood between the Artist and the Theatre that the

language, business, and costuming of the play are under the control and direction of

the Theatre and author who, according to custom, can at any time delete or amend

the scenes and lines, and that consequently the Artist has no certain method of

knowing during rehearsals, whether in its final presentation the play is susceptible of

being considered immoral or indecent. Therefore, the Theatre expresses to the Artist

that the production as produced shall not violate any law or give offense which is

punishable by any law, and expressly agrees that should the Theatre or the author be

arrested or summoned on such charges, that (Equity consenting) the Artist may end

and terminate the engagement forthwith. Upon such termination, the Theatre shall

pay to the Artist forthwith all sums due under the ESCA plus one week’s fee, as

compensation for the termination of the engagement without notice, but in no event

shall the Artist receive less than a total of two weeks’ fees.

This Clause shall not apply to any case or any set of conditions where its enforcement

would be illegal or against public policy. In the case of an arrest on account of the

nature of the play or its production, the Theatre shall forthwith furnish bail for the Artist

and, in the event of the Theatre’s failure to do so or for any breach of this Clause, the

Theatre shall pay to the Artist (Equity consenting) the sum of one thousand dollars

($1,000.00). After an arrest, the Artist may demand a suspension of performance

pending a determination, and such suspension shall not terminate or otherwise affect

the terms of the ESCA unless Equity shall otherwise order.

7:00 EQUITY SPECIAL PROVISIONS

7:01 Benefit Performances MAIN

Artists may rehearse for and play in benefits without remuneration only for the AFC.

There shall be at least one (1) AFC benefit performance per calendar year.

Alternatively, the Theatre may organize another activity (such as curtain speeches

designed to solicit individual donations from the audience) to benefit the AFC.

A benefit performance is a regularly scheduled performance, or one in addition to the

regular schedule of performances, for which the proceeds are donated to the AFC. A

Theatre may, with a minimum of two (2) weeks' notice to the Artists which shall be

copied to Equity, schedule an extra performance, that is to say a ninth performance

in a regular engagement week, or a performance on a normal free day, as a benefit

performance for the AFC. In such performances, Artists will take part without

additional remuneration. Provided that an AFC benefit performance has been

scheduled for that season, the Theatre may schedule other benefit performances with

the prior written approval of Equity.

7:02 Membership Meetings - Privilege of Artists to Attend BOTH

Provided that Equity shall have given the Theatre two (2) weeks' notice in writing, the

Theatre shall not require the services of the Artist for rehearsals (except in cases of

rehearsals on an opening date or on the seven (7) consecutive day rehearsal period

after opening) at any time when a regularly called meeting of Equity is being held

within a reasonable distance of the city where the Artist is being engaged. Time off

for this purpose shall not be counted as part of that day's rehearsal period. Such time

off shall only be made up during the seven (7) days preceding and/or following the

meeting, but not more than two (2) extra hours per day.

Equity Second City Agreement 2023 - 2025 | Page 4

7:03 Special Power to Act for Artist

(A) Authority BOTH

Whenever it is provided in the ESCA or in any ESCA Engagement Contract

that something may be done by an Artist:

(i) at the option of, or with the consent of, or at the request of Equity;

(ii) on the demand of, or with the consent of such Artist, then:

Equity, representing the Artist, has, and is given, authority to act for, and in

the place of, the Artist, and to assert their position, or make the Artist’s request

or demand, as the case may be, with all of the power and authority of the Artist

without liability to itself.

(B) Consent BOTH

In all cases where the consent or approval by Equity is required to modify or

limit the rights of any of its members said action will be taken on behalf of

Equity in writing by the Executive Director or an authorized delegate only.

Such consent or approval will be at Equity's sole discretion.

Equity may represent Artists in any dispute which may arise with the Theatre,

and Equity may, at all times, represent its Artists in relation to any matter

arising out of the ESCA or any ESCA Engagement Contract. When any act or

request or consent of any such Artist is provided for in such contract, the

request, consent, or approval of Equity shall, for all purposes, be deemed the

consent, request, approval or act of the Artist.

7:04 Company Meetings

(A) Secret Ballot BOTH

At all meetings of the Equity company called by the Liaison, voting shall be by

secret ballot.

(B) Attendance BOTH

Attendance at meetings of the Equity company shall be restricted to the Artists

contracted for that production.

8:00 DEFINITIONS

The following terms, wherever used in the ESCA unless otherwise provided shall be defined as

follows:

8:01 Apprentice Stage Manager BOTH

An "Apprentice Stage Manager" is a person who intends to make a career in the

professional theatre as a Stage Manager, and who is not a member of any

professional performing artists' association or union.

8:02 Artist BOTH

The term "Artist" shall refer to and include all persons who are engaged by the Theatre

under ESCA Engagement Contracts including: Performers; Stage Managers;

Directors; Choreographers; Intimacy Directors and Fight Directors.

8:03 Callback Audition BOTH

A “Callback Audition” shall be any audition that occurs following the initial audition of

the Artist for the Theatre.

8:04 Choreographer BOTH

A “Choreographer” is an Artist engaged for the purpose of devising and setting

recognizable and accepted techniques of dance and repeated specialized movement

in a play or musical.

8:05 Contractual Fee BOTH

The "Contractual Fee" comprises the fee negotiated between the Artist and Theatre

for an engagement (which shall not be less than the applicable minimum fee) specified

on the face of the contract and all benefits arising from the ESCA, as well as Additional

Duty Fees and any other amounts so defined.

Equity Second City Agreement 2023 - 2025 | Page 5

8:06 Creative Compensation BOTH

“Creative Compensation” is a separate lump sum paid to the Performer to

compensate the Performer for creating new material for a Revue or TourCo

Production and shall be subject to standard deductions.

8:07 Company BOTH

The term “Company” shall refer to the group of Artists engaged for one Revue or

Production.

8:08 Cover BOTH

"Cover" shall mean to understudy.

8:09 Director BOTH

A "Director" is an Artist who has been engaged by the Theatre to oversee the

mounting of a production (or activity) by unifying the various aspects of the production.

8:10 Emergency Rehearsal BOTH

An "emergency rehearsal" shall mean a rehearsal necessitated by the inability of an

Artist to perform their full duties due to sickness or injury or other cause when the

Theatre did not have adequate prior knowledge of the emergency in order to schedule

a regular replacement rehearsal.

8:11 Engagement Week BOTH

An "engagement week" shall be defined as being from Monday through Sunday

inclusive.

8:12 Fight Director BOTH

A “Fight Director” is the person engaged for the purpose of choreographing a fight

sequence(s) in a production. A Fight Director must have valid certification at the time

of contracting for the production.

8:13 Filing Fee BOTH

A “filing fee” is a deduction made from a Non-Member equal to deductions made from

a Member plus an amount for the weekly insurance premium. This amount may

increase as directed by Equity.

8:14 Free Day BOTH

A "free day" shall mean a period of time during which the Artist shall not be required

to travel or perform any services or obligations for the Theatre whatsoever.

8:15 Half-Hour Call BOTH

A “Half-hour Call” is a thirty (30) minute period of time immediately prior to the

beginning of the performance to be used solely for the Performer to prepare for the

performance.

8:16 Harassment BOTH

“Harassment” is engaging in a course of vexatious comment or conduct against a

person in a workplace that is known, or ought reasonably to be known, to be

unwelcome or offensive.

8:17 Intimacy BOTH

“Intimacy” may include but is not limited to: prolonged kissing, heavy petting, implied

genital contact, acts of a sexual nature, instances or direction where an Artist feels

that additional consideration is required and may also be an element in scenes of

sexual violence.

8:18 Intimacy Director BOTH

An “Intimacy Director” is the person engaged for the purpose of choreographing a

scene(s) and/or moment(s) of intimacy in a production.

8:19 Living Allowance MAIN

A “living allowance” is an amount paid by the Theatre to assist an Artist with expenses

incurred when an Artist temporarily relocates to the Theatre’s Point of Origin for a

contract.

Equity Second City Agreement 2023 - 2025 | Page 6

8:20 Original Artist MAIN

An “Original Artist” is a member of the Company who wrote and created a Revue for

the Mainstage and who was in the Company on the day of the Press Opening of a

Revue.

8:21 Out-of-Town Artist BOTH

An “Out-of-Town Artist” is an Artist whose regular Place of Residence is not Toronto,

Ontario, Canada.

8:22 Performance Day BOTH

A "performance day" shall be a day on which at least one (1) performance is given.

8:23 Performer BOTH

“Performer” shall refer to an Artist who participates in the presentation of movement

and/or dialogue onstage during a Revue or Production.

8:24 Place of Residence BOTH

The term "place of residence" shall mean the Artist's home or usual place of residence

which shall be stipulated on the Artist's ESCA Engagement Contract.

8:25 Point of Origin BOTH

A Theatre’s “point of origin” shall be defined as Toronto, Ontario, Canada.

8:26 Press Opening MAIN

The “Press Opening” of a production shall be assigned by the Theatre and shall be

the performance that marks the end of Process on a Revue.

8:27 Process BOTH

“Process” is the rehearsal period during which a new Revue or Production is being

created by the Company.

8:28 Production TourCo

The sketches and/or improvised set performed by the Touring Company shall be

deemed to be a “Production”.

8:29 Recording BOTH

A “recording” is the preservation of the audio and/or visual aspects of a Revue or

Production in whole or in part through the use of any and all devices now in existence

and yet to be developed.

8:30 Rehearsals BOTH

The term "rehearsal" shall include, but not be limited to, such related activities as

Process, giving notes, blocking, music and dance rehearsals, the staging of concerted

movements, and shall be regarded as rehearsal time.

8:31 Revue MAIN

A “Revue” shall be any production mounted on the Mainstage at the Theatre.

8:32 Role BOTH

The term "Role" shall mean the part or parts a Performer plays in a performance, or

the "track" that an Artist follows in performance.

8:33 Stage Manager BOTH

"Stage Managers" shall work under the direction of the Director and be responsible

for duties as outlined in Article 61:00.

8:34 Theatre BOTH

The term "Theatre" shall mean The Second City Canada, Inc.

8:35 Theatricals BOTH

A “Theatrical” shall be any Revue or Production that occurs away from the Theatre’s

regular place of performance other than a TourCo Production.

8:36 Touring TourCo

An Artist shall be “Touring” when they are rehearsing and/or performing for the

Theatre outside of the Theatre’s regular place of performance.

Equity Second City Agreement 2023 - 2025 | Page 7

9:00 HARASSMENT AND DISCRIMINATION

Preamble BOTH

The Second City, Inc. (Theatre) and Canadian Actors’ Equity Association (Equity) are

committed to the pursuit of respectful workspaces and support for those who have

experienced or witnessed toxic behaviours and as such have adopted the Not In OUR

Space! Program. Therefore, the Theatre agrees to participate in the joint anti-

harassment campaign “Not in OUR Space! as outlined below.

9:01 Not In OUR Space! Program BOTH

Participation in Not In OUR Space! requires the Theatre to make available “Not In

OUR Space!” materials in all of their rehearsal spaces and any performance spaces

they own or use, for the duration of the production. This includes, but is not limited to

Equity’s “Member Guide to Respectful Workplaces”.

Further, the Theatre shall have and shall make available in an easily accessible place,

their own processes and procedures for filing a complaint and this information shall

be communicated to all Artists no later than the first day of their engagement.

A representative from the Theatre and a representative from Equity shall present the

“Respectful Workplace Statement” at the beginning of the first day of rehearsals when

a new process begins.

9:02 Harassment BOTH

“Harassment” is engaging in a course of vexatious comment or conduct against a

person in a workplace that is known, or ought reasonably to be known, to be

unwelcome or offensive.

Harassment is prohibited on the grounds as defined by legislation in the jurisdiction

in which the Theatre has its point of origin. However, harassment is generally

understood to be:

Sexual Harassment: Engaging in a course of vexatious comment or conduct because

of sex, sexual orientation, gender identity or gender expression, where the course of

comment or conduct is known or ought reasonably to be known to be unwelcome or

making a sexual solicitation or advance where the person making the advance is in a

position to confer, grant or deny a benefit or advancement and that person knows or

ought reasonably to know that the solicitation or advance is unwelcome.

Harassment: Harassment means engaging in a course of vexatious comment or

conduct that is known or ought reasonably to be known to be unwelcome. For the

purpose of this policy, harassment includes comment or conduct initiated by one

person towards another, which causes humiliation, offence or embarrassment, or

which has the purpose or effect of unreasonably interfering with the person’s work

and/or creating an intimidating, humiliating, hostile or offensive environment.

Ordinarily, repeated comment or conduct is required to demonstrate harassment,

however single acts of sufficient severity may also constitute harassment.

Bullying is a distinct form of personal harassment and may include, but is not restricted

to, some of the following: loud, abusive behaviour, unjustified criticism, shunning

behaviours (including withholding information, ganging up, and deliberate isolation

from colleagues or exclusion from joint activities), and repeated delegation of

demeaning tasks.

9:03 Reporting Harassment and Resolution Process BOTH

The Theatre and Equity acknowledge that there are a number of possible methods by

which a complaint of harassment or discrimination can be made including:

(i) directly addressing the alleged harasser and advising that the behaviour is

unwelcome and must cease;

(ii) the complaint policy set out in the Theatre’s policy; or

Equity Second City Agreement 2023 - 2025 | Page 8

(iii) the complaint process provided for in Equity’s policies.

The parties agree that a complaint made to the Theatre is to be investigated. Equity

agrees that it shall advise the Theatre of any complaint made to Equity that involves

a member of management. Equity and the Theatre agree that it is the responsibility

of the Theatre to conduct an investigation into any complaint made to the Theatre or

a complaint made that involves a member of management.

The Theatre and Equity support the principles of human rights legislation including

the principle that a complainant cannot be subject to a reprisal for the filing of a good

faith complaint.

The Theatre and Equity agree that an investigation should be conducted in a

confidential manner.

9:04 Requirement to Report BOTH

If a complaint is brought forward by an Equity member at the specific request of a

non-member, or if a complaint is made against an Equity member, the Theatre shall

immediately advise Equity that an investigation is under way. Upon written consent of

the Equity member, the Theatre shall share with Equity a summary report of the

actions and findings.

9:05 Relief of Termination Payment BOTH

When the results of an appropriately conducted investigation have determined that

harassment has taken place and the Theatre wishes to terminate the Artist’s ESCA

Engagement Contract, the Theatre may request relief from the provisions of Article

59:00, Termination, in order to terminate the contract without further remuneration.

Equity may grant such relief, provided it is satisfied that such termination of the Artist's

ESCA Engagement Contract is the appropriate resolution.

9:06 Dispute Between Equity and the Theatre BOTH

If the Theatre and Equity are in dispute with respect to any matter arising from the

application of this Article, either party may refer the dispute to the dispute resolution

procedures 12:00.

9:07 Discrimination

(A) Discrimination Prohibition BOTH

There shall be no discrimination against any Artist or applicant for a role or

position by reason of ethno-cultural origin or identity, colour, gender identity

and/or expression, sexual orientation, age, disability, political or religious

affiliation, citizenship, marital status, or any other basis prohibited by law. Any

breach of this Clause by the parties to the ESCA may be submitted to the

appropriate human rights authority.

(B) Termination Due to Discrimination is Prohibited BOTH

When it is alleged that an Artist's engagement has been terminated due to

discrimination as described above, the matter may be submitted to the dispute

resolution provisions of Article 12:00.

An Artist shall not be required to render any services to the Theatre in any

theatre or any place where it has been determined that discrimination as

described in this Article is practised against any person. Where there is a

dispute as to whether such discrimination has taken place, the Artist will

continue to render their services until final determination has been made

under the provisions of Article 12:00.

(D) Discrimination Due to Pregnancy or Parental Status BOTH

An Artist's pregnancy or parental status shall not prevent the Artist from

enjoying full and equal audition and engagement opportunities. Under no

circumstances shall an Artist's pregnancy be considered grounds for

termination.

Equity Second City Agreement 2023 - 2025 | Page 9

(E) Discrimination for Association Activity BOTH

(i) Prohibition of Discrimination

The Theatre shall not dismiss or otherwise penalize any Equity

member for fulfilling their duties or obligations as a Liaison, elected

officer, or member of Equity.

(ii) Claims

Any Equity member who claims that the Theatre has given them notice

or otherwise penalized them for fulfilling their duties as an Equity

member, may present their case to the Executive Director of Equity

who shall give the Theatre the opportunity to be heard. If the Executive

Director of Equity is satisfied that such activities are the real cause of

dismissal or of any penalty, it shall have the power to determine the

character and the amount of a penalty to be assessed against the

Theatre. Should the Theatre disagree with the Executive Director's

decision or with the assessed penalty, it may appeal through

arbitration according to the further provisions of Article 12:00.

10:00 BREACHES

10:01 By the Theatre

(A) Conditions BOTH

Should Equity and/or any Artist claim that the Theatre:

(i) has breached the ESCA; or

(ii) has breached any ESCA Engagement Contract; or

(iii) has made any false statement in connection with any engagement

agreement or standard ESCA Engagement Contract form tendered to

the Artist; or

(iv) has engaged any Artist for duties which fall within the scope of the

ESCA under any form of contract other than a standard form; or

(v) is in default under any ESCA Engagement Contract, or is in breach of

any such ESCA Engagement Contract; or

(vi) has knowingly engaged or continued to engage subsequent to notice

by Equity any Equity member who is not a fully paid-up member in

good standing of Equity; or

(vii) has failed to give or deposit security at the time and in the form and

amount required by the ESCA; then:

(B) Procedure BOTH

Equity will, within thirty (30) days of a breach occurring, or within thirty (30)

days in which Equity ought reasonably to have known of the breach, but in

any event no later than ninety (90) days of the occurrence, provide the Theatre

with full details of the complaint in writing. Upon final determination that such

breach has occurred, the Artist may with the consent of Equity terminate their

engagement immediately.

In addition, the Theatre agrees that it will pay the Artist forthwith in full for all

services rendered by the Artist not already paid for, plus any other sum to

which the Artist may be entitled by the ESCA or their ESCA Engagement

Contract.

(D) Punitive Damages

(i) Mainstage MAIN

Should Equity claim punitive damages for a Mainstage Artist, Equity

will use the standards of the ESCA and penalty payments for similar

infractions in determining the amount of punitive damages. In no case

may the damages exceed two (2) weeks' contractual fees.

Equity Second City Agreement 2023 - 2025 | Page 10

(ii) Touring Company TourCo

Should Equity claim punitive damages for a TourCo Artist, Equity will

use the standards of the ESCA and penalty payments for similar

infractions in determining the amount of punitive damages. In no case

may the damages exceed two (2) weeks' minimum weekly contractual

fees for the Mainstage.

(E) No Waiver of Rights BOTH

Should any breach be claimed, neither the giving of any performance by the

Artist nor any omission of any act by the Artist or Equity shall be or act as a

waiver of any of the rights of either the Artist or Equity.

Should it finally be determined that a breach has occurred, Equity is hereby

given authority without prejudice, and without penalty to itself, to intervene

and require the Artist to provide service or refrain from providing service and

not to take advantage of any such breach, said requirements to be made by

Equity under such terms and conditions as it may in its sole discretion

consider just and equitable.

(F) Without Prejudice BOTH

All of the foregoing is without prejudice to any other or any further rights given

to the Artist or Equity by the ESCA or the Artist’s ESCA Engagement Contract.

10:02 By the Artist

(A) Absences BOTH

If the Theatre alleges an Artist has breached the ESCA Engagement

Contract during the engagement period due to any of the following,

and that the Artist does not provide a reasonable explanation, such as

illness or injury, the Theatre may impose the following penalties, upon

written notification to the Artist (copied to Equity).

(i) for each rehearsal call missed, an amount equivalent to the

sum of the applicable rate stipulated for overtime per hour of

the missed call, to a maximum of one-sixth (1/6) of the

contractual fee; and/or

(ii) leaving town without permission or each performance missed,

one-sixth (1/6) of the contractual fee (this permission will not

be unreasonably withheld); and/or

(iii) where the Artist has received a prior written warning regarding

late arrival to a call:

2023-2025

2023

2024

2025

Per Infraction

$29.33 $29.92 $30.52

(B) Equity’s Right to Dispute BOTH

Notwithstanding the foregoing, Equity has the right to dispute the

alleged breach and the Theatre agrees to reimburse the Artist should

the dispute be settled in the Artist's favour. If the dispute can be settled

prior to the termination of the Artist's contract, no deduction shall take

place until a determination is reached.

Furthermore, should a Theatre claim that an Artist:

(i) has breached the ESCA in any other way;

(ii) is in breach of any part of their ESCA Engagement Contract;

Equity Second City Agreement 2023 - 2025 | Page 11

(iii) has made any false statement in connection with any

engagement agreement, the Theatre will, within thirty (30)

days of a breach occurring, or within thirty (30) days in which

the Theatre ought reasonably to have known of the breach,

but in any event no later than ninety (90) days of the

occurrence, provide Equity with full details of the complaint in

writing, after which Equity's hearing procedures, as outlined in

Equity's Constitution and Bylaws, will be followed. If the matter

is not resolved to the satisfaction of the Theatre, including

appropriate compensation, the Theatre shall have recourse to

the dispute resolution procedures of the ESCA, Article 12:00.

11:00 CLAIMS

11:01 Waiver or Release Not Permissible BOTH

With regard to any claim by the Artist arising from any alleged breach of the ESCA or

any individual ESCA Engagement Contract, no receipt, waiver, release or adjustment

by the Artist is of any validity whatsoever, unless Equity consents in writing. The

Theatre, by agreeing to this Clause, agrees that it will not seek or solicit any such

waiver, release or statement, nor offer the same in an arbitration or any proceeding

in court, unless Equity specifically consents in writing. In no case shall claims of Artists

under ESCA Engagement Contracts be handled or enforced by agents or attorneys

of Artists unless same are consented to by Equity in writing.

11:02 Time Limit in Lodging Claims BOTH

Should the Artist deem that they have any claim against the Theatre under their

contract, the Artist shall present the same in writing to the Theatre, or to Equity within

four (4) weeks after the time when such claim shall have arisen unless they shall give

to Equity or to the arbitrator, or to either of them a good and sufficient reason for such

delay after such period of four (4) weeks.

12:00 DISPUTE RESOLUTION

Preamble BOTH

The parties hereto agree to adhere to and be bound by the following. Except as

provided hereinafter, this Article shall be subject to and construed by the laws of the

province in which the Theatre has its point of origin.

12:01 Disagreement over Interpretation BOTH

Where the Theatre and Equity are in disagreement over the interpretation and

application of this Agreement, then Equity's interpretation shall prevail. However,

either of the parties may request within five (5) business days a meeting to discuss

this disagreement. Both parties shall meet within fourteen (14) days of the request

being received, or on a mutually agreed date. At such meeting, either party may have

who they wish in attendance, provided that each party is represented by an equal

number, such number to be mutually agreed upon between the parties. At such

meeting, both parties shall endeavour to settle the disagreement amicably. Following

this, if the matter is not resolved to the satisfaction of either party, then the matter may

be referred to arbitration.

12:02 Equity to Act for Members BOTH

Equity shall represent and act in the place of the members of Equity in these

arbitration proceedings.

12:03 Demand BOTH

A demand for arbitration shall be given by the party demanding arbitration to the other

party by sending notice in writing by registered mail, return receipt requested to the

other party at their last known business or residence address.

12:04 Notice BOTH

The notice of demand for arbitration shall set out the matter in dispute and the relief

claimed.

Equity Second City Agreement 2023 - 2025 | Page 12

12:05 Appointment of Arbitrator BOTH

The parties shall agree on an arbitrator as soon as possible after the sending of the

demand for arbitration and if no agreement on the appointment of an arbitrator can

be reached, then they, or either of them, shall request the Minister of Labour of the

province in which the arbitration is to take place to appoint an arbitrator.

12:06 Hearings BOTH

The arbitrator shall appoint a date and time for a hearing of the matter in dispute and

both parties may appear and may call witnesses and may give such evidence as they

deem just and proper.

12:07 Binding Nature of Arbitration BOTH

The parties to this Agreement agree to be bound by and to comply forthwith with the

findings, rulings and time limits set forth by the appointed arbitrator.

12:08 No Recourse to Court of Law BOTH

The parties to this Agreement agree that no recourse shall be had to a court of law by

either party unless and until the other party has failed to comply with these arbitration

procedures.

12:09 No Modification of Agreement BOTH

Nothing herein contained shall be deemed to give the arbitrator the authority, power

or right to alter, amend, change, modify, add to, or subtract from, any of the provisions

of this Agreement.

12:10 Theatre's Failure BOTH

Where the Theatre fails to comply with these arbitration procedures Equity may

declare that the Theatre has committed a breach of this Agreement and Equity may:

(i) allow no Equity member to be engaged or to continue to be engaged by the

Theatre; and/or

(ii) require the Theatre to pay forthwith all Equity members withdrawing from their

engagement:

(a) all monies accrued and owing to the member; and

(b) for liquidated damages, an amount equal to all monies that would be

payable to the member if the terms of the Agreement were completed,

provided that no amount for liquidated damages is less than an

amount equal to two (2) week's fee; and or

payable under Clause 20:05.

12:11 Artist's Failure to Comply BOTH

Where the member of Equity fails to comply with these arbitration procedures then

Equity may discipline the member in accordance with the disciplinary procedures set

out in Equity's Constitution and Bylaws.

12:12 Expenses BOTH

The arbitrator's compensation and expenses shall be borne equally by the parties.

13:00 AUDITIONS

Preamble BOTH

For the purpose of this Article, an audition may constitute readings from a given text,

presentation of prepared pieces, improvisations and callbacks. The Theatre shall

declare its inclusive casting policy in casting notices and breakdowns.

Unless otherwise provided for in the Agreement, the provisions in this Article shall

apply to all auditions.

13:01 Notice of Auditions to Equity BOTH

The Theatre will make every effort to notify Equity at least six (6) weeks in advance

of all announced general auditions.

13:02 Audition Submission Prohibition BOTH

The Theatre shall not require a Performer to disclose their age or weight on an

audition submission.

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13:03 Annual Auditions BOTH

The Theatre shall, at least once per year, hold general auditions in one (1) major

centre in Canada (e.g. Halifax, Montreal, Ottawa, Toronto, Winnipeg, Regina,

Saskatoon, Calgary, Edmonton, Vancouver). Additionally, if the Theatre produces

more than two (2) Mainstage Revues in a year, the Theatre will schedule a minimum

of two (2) days of auditions for Equity members in the Theatre’s point of origin at least

once per year. It is not necessary for the two (2) days to be consecutive and the

Theatre may schedule these days at their convenience. These auditions will be

general in nature in order to review available talent.

13:04 Priority Scheduling BOTH

Auditions must be held for Equity members in advance of auditions held for non-Equity

performers. In major city centres where a Theatre is conducting more than one (1)

day of open calls, only Equity members may be seen on the first day. In the event this

is not possible, the Theatre shall notate the reason for the alternative schedule on the

sign-in sheet.

13:05 Attendance and Suitable Space BOTH

No Performer shall be auditioned unless there are at least two (2) people representing

a Theatre in the place where the auditions takes place. Additionally, a performer shall

not be auditioned in any place, such as a hotel room, that is not an accepted place of

business.

This Clause shall not preclude one on one meetings or interviews from taking place

in a public space.

13:06 Audition Spaces BOTH

Whenever auditions and/or interviews are held the Theatre agrees to provide audition

rooms, change rooms and waiting rooms which are properly lighted, ventilated, cooled

during hot weather to not more than thirty degrees Celsius (30°C), or heated during

inclement or cold weather to at least twenty degrees Celsius (20°C). Best efforts shall

be made to ensure that the space is scent- and allergen-free.

13:07 Audition Spaces Accessibility for Performer with a Disability BOTH

For a Performer with a disability, the Theatre will, at the Performers request, make all

reasonable accommodations to facilitate access, which may include providing

interpreters, accessible facilities, and advance access to audition materials.

13:08 Audition Venue Inspection BOTH

Where Equity receives a complaint regarding an audition venue, Equity shall be given

the opportunity to inspect the venue. If deemed unsuitable, an alternative suitable

venue shall be found at the expense of the Theatre.

13:09 Scheduling of Auditions BOTH

Wherever possible, the Theatre will make provision for evening auditions as part of

its audition schedule in order to provide an opportunity for those performers who are

working during the day.

13:10 Group Auditions BOTH

Performers shall be called to audition at specific times and may be called in groups

as necessary for improvisation or callbacks.

13:11 Requirement for Performers to Sign-in BOTH

When the Theatre is auditioning more than six (6) performers in a single day, each

performer shall be required to sign in on a sheet to be provided to the Theatre by

Equity.

The Theatre shall provide a copy of the completed sign-in sheet(s) to Equity within

fourteen (14) calendar days after the audition.

13:12 Casting Authority Present BOTH

The Director or an appropriate representative of the Theatre with casting authority

must be present at all auditions.

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13:13 Assignment of Casting Prohibited BOTH

The assignment of casting for a production exclusively to a single casting agent or

talent representative is strictly prohibited. Agent packaging of Artists shall not be

permissible.

13:14 Maximum Number of Calls BOTH

Auditions shall be limited to two (2) calls of a maximum of three (3) hours per

performer for each production, inclusive of Callback Auditions. For each audition call

in excess of two (2), a performer shall be compensated at the rate of one-eighth (1/8)

of the minimum weekly fee of the Mainstage Company.

13:15 Recording of Auditions Prohibited BOTH

The presence of cameras or other recording devices at auditions is strictly prohibited.

With the performer’s agreement, the Theatre may take a photograph of the performer

during the audition.

13:16 Auditions with Requested Prepared Material BOTH

When a performer is requested by the Theatre to audition with prepared scenes

and/or monologues, the performer shall be given the opportunity to perform all said

prepared scenes and/or monologues. Such audition may be given in the presence of

other auditionees.

13:17 Availability of Requested Audition Material BOTH

When a performer is required to audition with specifically requested material that is

not readily available, the Theatre shall provide such material to the actor.

13:18 Nudity in Auditions BOTH

Nudity is prohibited during the entire audition process.

13:19 Callback Auditions BOTH

A Callback Audition may require the performer to present a prepared original comic

monologue, to improvise in a group and/or to read scripted sides provided by the

Theatre.

14:00 EQUAL ENGAGEMENT OPPORTUNITIES

14:01 Equal Engagement Opportunities

(A) Inclusive Casting BOTH

Recognizing the need to expand the participation of diverse Artists, the

Theatre will conduct a flexible and imaginative casting policy known as

inclusive casting. Inclusive casting is for the purpose of increasing

engagement of racialized Artists, seniors, women and performers with

disabilities in roles where race, ethnicity, age, gender, or the presence of a

physical disability is not absolutely essential to the production. In addition, the

parties hereto encourage the creation of productions that reflect the diversity

of our society.

The Theatre agrees that casting will be conducted in a manner that provides

full and fair consideration to all Artists regardless of race, ethnicity, gender,

age, sexual orientation and disability. All parts or roles shall be open to all

Artists without prejudice and active solicitation of Artists of all races,

ethnicities, genders, ages, sexual orientations and disabilities shall be evident

in all ads, notices, calls, and cast breakdowns to agents, casting directors, E-

Drive, etc. in order to ensure participation in the casting process.

(B) Specific Casting Requirements TourCo

When a role or part in TourCo necessitates an Artist with specific casting

requirements due to the understudy track that the Artist will cover in the

Mainstage Company, the Theatre shall describe the requirements of the

character rather than the Performer in all associated postings.

Equity Second City Agreement 2023 - 2025 | Page 15

The Theatre and Equity shall affirm their commitment to a policy of equal

engagement opportunities designed to promote a positive model of equal

engagement and multi-ethnic diversity within the Theatre’s place of business.

Consistent with the foregoing, it is the intention of the parties that the casting

of productions and the hiring of all Artists including Stage Managers and

Directors be conducted in a manner that provides fair opportunities to all

Artists regardless of race, ethnicity, gender, age, sexual orientation and

disability.

(D) Reporting BOTH

The Theatre accepts the obligation to ensure the hiring of Performers,

Directors, Choreographers, Fight Directors and Stage Managers of

marginalized groups during the term of this Agreement and to provide Equity

with all requested statistical information regarding engagement and casting

practices.

15:00 BLACKLISTING BOTH

The Theatre and Equity both pledge themselves to prevent blacklisting in the industry.

Opposition to blacklisting is not a controversial issue between the Theatre and Equity.

Blacklisting for the purposes of this rule shall mean the submission by the Theatre, directly or

indirectly, to individual or group pressure and/or the use of private lists, published or

unpublished, of persons not to be employed in theatrical productions for reasons having no

direct relation to their theatrical ability.

16:00 NON-MEMBERS

16:01 Non-Members

(A) Requirement for an ESCA Engagement Contract BOTH

All non-members shall be signed to ESCA Engagement Contracts.

An Artist who is not a member of Equity, but who is a member of another

performing arts association or union, shall be subject to the provisions of the

applicable reciprocal agreement between Equity and said association or union

with respect to membership requirements.

(B) Requirement to Remit Filing Fees BOTH

When a non-member is engaged under an ESCA Engagement Contract, the

Theatre shall deduct and remit to Equity a filing fee as determined and

administered by Equity in accordance with Clause 25:01 (C) (Deductions).

16:02 Touring Into the USA TourCo

A non-member engaged for less than ten (10) weeks under an ESCA Engagement

Contract that includes touring into the USA, shall be offered a limited membership in

Equity that will extend for the duration of the ESCA Engagement Contract.

17:00 NON-RESIDENT ARTISTS BOTH

Non-resident Artists may not be engaged by The Second City Theatre, Inc., except through the

provisions of the Constitution and Bylaws of Equity.

18:00 CONTINUOUS ENGAGEMENT MAIN

Continuous engagement is the essence of all Mainstage ESCA Engagement Contracts, and all

calculations of sums due or benefits accruing to the Artist shall be computed on the basis of

consecutive rehearsals and consecutive engagement.

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19:00 PRODUCTION REGISTRATION BOTH

The Theatre will, no later than thirty (30) calendar days prior to the first date of engagement of

a production, provide Equity with a Production Registration and Checklist Form for each new

Production, Touring Company or Revue. The checklist shall include each Artist’s contractual

fee, dates of engagement, opening date and any anticipated additional duties fees.

The information provided on the checklist must be the most up-to-date and accurate information

available at the time of filing. In the event that there are changes in the participants engaged for

the production, contractual fees, or engagement dates the Theatre will be required to file an

amended Production Checklist reflecting the changes.

20:00 POSTING OF SECURITY

20:01 Maintenance of Satisfactory Security

(A) Requirement BOTH

It is the essence of the ESCA and all ESCA Engagement Contracts, and a

condition precedent to the engagement of the Artist, that the Theatre shall file

and maintain with Equity satisfactory security as required by this Clause. Such

satisfactory security shall include agreements in the form of Letters of Credit

or an Equity approved Bond Insurance program and Security Agreements.

(B) Liability BOTH

If contracts are issued to Artists without the Theatre having posted security in

accordance with Clause 20:02, upon notification by Equity, the Theatre shall

be liable for payment of two (2) week's minimum fee for each contract so

issued, unless proper security is arranged within one (1) business day, such

monies to be payable to Equity to be used for unsatisfied judgements.

20:02 Amount BOTH

The Theatre shall deposit with Equity in cash, by Letter of Credit (using sample

wording agreed to by Equity) or an Equity approved Bond Insurance program, the

sum specified below as a security bond for all ESCA Engagement Contracts issued

by the Theatre, and this bond shall be kept in place on a year round basis.

2023-2025

Security Amount $50,000.00

20:03 Release BOTH

Letters of Credit or cash deposits will be released within ten (10) business days of

receipt of a written request for same, where all contractual obligations to Equity and

its members have been met. Equity agrees to contact the Equity Liaison and/or

members of the company where a confirmation of fulfillment of the Theatre's

contractual obligations has not been received from the Liaison in reference to a

request for a release, and agrees to process the release or partial release if requested

where it can satisfactorily verify the fulfillment of the contractual obligations.

20:04 Cash Deposits BOTH

Where the Theatre deposits cash with Equity, it shall receive interest payments on

such deposits as may be agreed upon in writing between the Theatre and Equity.

20:05 Theatres in Arrears BOTH

Where Equity can demonstrate that the Theatre is substantially or repeatedly in

arrears with remittances, as stipulated in the ESCA, Equity shall have the right to

increase the amount of security required. Where Equity requires an increase to the

amount of security, the Theatre shall immediately provide such an increase. However,

if the Theatre disputes the increase, it may, after having provided the increase, have

recourse to the provisions of Article 12:00 for the relief of this requirement.

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20:06 Drawing Upon Security BOTH

No Equity member shall work, or be required to work or continue in the engagement

of the Theatre, if and when the security arrangements do not meet the requirements

of this Article. Equity may draw upon the securities posted to meet payment to Artists

of unpaid fees, including payments for additional services, applicable service taxes,

deducted dues payments and joining fees, remittances to Equity, and transportation

costs of the Artist to the point of origin and return to the Artist's place of residence,

provided that it shall simultaneously inform the Theatre of its action.

21:00 CONTRACTS

21:01 Equity Contracts BOTH

All Artists, including Performers, Stage Managers, Directors and Choreographers,

regardless of membership status, shall be signed to ESCA Engagement Contracts for

the duration of their engagement with the Theatre for all Mainstage Revues and

TourCo Productions.

21:02 Effective Date BOTH

A contract between the Theatre and the Artist must be signed by both parties before

the Artist shall be permitted to rehearse or perform. The Artist must sign a separate

contract for the Artist’s engagement with each Second City Company production. The

Theatre agrees to execute a new contract form for each Artist engaged at the

beginning of each production. In no event may an Artist’s contract exceed fifty-two

(52) weeks without executing a new contract form.

(A) Press Opening MAIN

At the time of signing, the face of the Artist’s ESCA Engagement Contract

shall state the anticipated date of the Press Opening for the Revue to which

the contract pertains.

21:03 Issuing of

(A) Mainstage Contracts MAIN

An Artist must receive their ESCA Engagement Contract for a Mainstage

revue no later than five (5) business days prior to the start of their

engagement.

(B) Touring Company TourCo

In all cases except unanticipated replacements, an Artist must receive their

ESCA Engagement Contract for a TourCo production no later than five (5)

business days prior to the start of their engagement.

21:04 Signing of BOTH

Unless a contract is signed concurrently, the Theatre must sign it first. If the contract

is not signed concurrently, the Theatre may notify the Artist or the Artist’s designated

representative, by e-mail with a read receipt, that unless the contract is signed and

returned to the Theatre within a specified time period which shall be not less than ten

(10) business days after receipt of the notice by the Artist or the Artist’s designated

representative, the contract is null and void. In all cases, the ESCA Engagement

Contract must be signed by both the Theatre and the Artist prior to work commencing.

The Theatre agrees that all blanks including opening date, name, role if applicable

and fee will be filled in before signing or delivery.

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21:05 Changes, Alterations and Concessions BOTH

Neither the Artist nor the Theatre has the right or power to waive any of the minimum

conditions set forth in the Agreement without the written consent of Equity. Any and

all riders, changes, alterations, waivers, or substitutions made prior to, when, or after

a contract of engagement is made shall have been consented to by Equity in writing;

otherwise, they are void. It shall be the duty of the Theatre, not the Artist, to submit

proposed changes to Equity for its written approval by a duly authorized

representative.

All concession requests shall be submitted to Equity in writing by the Theatre no less

than twenty (20) business days before the concession would take effect. Equity shall

then contact the affected Artists either by telephone or electronic means. Any action

proposed by the Artists shall not however, be binding without the written approval of

Equity. Equity shall respond to the request within fifteen (15) business days.

21:06 Triplicate Copy BOTH

ESCA Engagement Contracts must be executed in triplicate:

(i) One (1) copy retained by the Theatre;

(ii) One (1) copy filed with Equity by the Theatre; and

(iii) One (1) copy retained by the Artist.

21:07 Deadlines for Filing BOTH

The Theatre shall file with Equity, a copy of the fully executed ESCA Engagement

Contract no later than the first day of the engagement.

The Theatre may submit by electronic means, legible scans of the original contracts

to Equity to satisfy the terms of this clause. Should the scans not be acceptable to

Equity, the Theatre shall be notified via e-mail with a request for additional scans or

hard copies within five (5) business days of the original submission date.

The Theatre shall be invoiced five dollars ($5.00) for each calendar day or part thereof

that a contract filing is late.

21:08 Confidentiality BOTH

Equity and The Second City, Inc. agree that the details of the Artist’s contract will be

held in strictest confidence.

21:09 Electronic Contract Template Forms BOTH

Equity and The Second City, Inc. shall agree upon the wording of the ESCA

Engagement Contract forms.

Equity shall provide electronic contract templates to the Theatre.

22:00 RIGHTS IN FUTURE PRODUCTIONS

22:01 Rights in Future Productions MAIN

Should the Theatre or any other entity which the Theatre controls or directs utilize

seventy-five percent (75%) or more of the original content of a Mainstage production

within a period of three (3) years after Press Opening, right-of-first-refusal shall be

offered to the production’s original Artists. An original Artist is defined as an original

member of the ensemble who wrote and created the production for the resident stage.

Offers need not be made to Artists who have not completed at least thirty (30)

performances of the original role or position. The offers may not be at a rate of less

than the original Contractual Fee of the Artist at the time of termination. The Theatre

agrees to pay any Artist, including Stage Managers, not so offered the identical role

or function a sum not less than three (3) weeks’ fees at the prevailing minimums of

the subsequent contract. This provision shall not include any Artist terminated for just

cause.

Equity Second City Agreement 2023 - 2025 | Page 19

23:00 FEES

23:01 Legal Tender BOTH

In Canada, all payments required to be made by the Theatre to the Artist shall be in

legal tender of Canada. All minimum rates of compensation set forth in the ESCA, all

other rates of compensation set forth in the ESCA, and all other rates of compensation

set forth in every individual contract between the Theatre and the Artist, must be paid

in legal tender of Canada.

23:02 Payment by Direct Deposit BOTH

The Theatre shall provide payment of fees, etc. at the point of origin by direct deposit.

The Artist, on reasonable notice, has the right to revert to payment by company

cheque at any time at the Artist’s sole discretion. The Theatre must provide the Artist

with an itemization of payments and deductions in accordance with Clause 23:06.

23:03 Payment on Tour TourCo

If different from Clause 23:02, the Theatre will advise Equity of its pay arrangements

on tour. In any case, the per diem shall be paid at least one (1) week in advance of

the week for which it is applicable.

23:04 Time of Payment BOTH

Payments made by direct deposit must be deposited into the Artist’s bank account by

the start of banking each Friday. If Friday is a bank holiday, the deposit must be made

by the start of banking on Thursday. All fees shall be paid on the week following the

week for which service was provided.

23:05 Taxes BOTH

In addition to the payments required by the ESCA, Harmonized Sales Tax (HST) or

Goods and Services Tax (GST) (where applicable) shall be paid to registered Artists.

23:06 Itemized Deductions and Payments BOTH

The Artist shall be provided with an itemized statement of their contractual fee,

outlining all deductions made from the Artist’s fee as well as any additional services

payments, GST/HST if applicable, and any other amounts, with their contractual

payment. The Theatre shall provide the itemized statement no later than 8:00 p.m. on

the day of payment. If Friday is a bank holiday, the Theatre shall provide the itemized

statement no later than 8:00 p.m. on Thursday.

23:07 Agency Commission BOTH

In no event shall agency commissions be a permitted deduction from the Artist’s

contractual fee. The Artist shall be directly responsible for the payment of such

commissions.

23:08 Additional Services Payments BOTH

Whenever possible, additional services provided by the Artist shall be paid by the

Theatre within one (1) week of the additional services being rendered.

Additional services fees not disputed by the Theatre and in arrears of more than one

(1) month are subject to a one (1%) percent late charge per month.

For the purpose of ascertaining whether there is a discrepancy between the amount

invoiced and the amount paid to the Artist by the Theatre, the Theatre agrees, upon

request, to provide a detailed breakdown of its payment to the Artist and/or Equity.

23:09 Unpaid Fees BOTH

When Equity or an Artist claims that fees, including additional services fees and

overtime payments, remittances to Equity, goods and services taxes and

transportation costs of the Artist to the point of origin and return, have not been paid,

or have only partially been paid when due, Equity shall have the right to require the

Theatre to pay forthwith, on behalf of the Artist, such sums as are claimed to be

outstanding.

Equity Second City Agreement 2023 - 2025 | Page 20

Should the Theatre dispute such claim(s) it shall have recourse to the arbitration

procedures of the ESCA. Where the Theatre does not pay the outstanding sums

claimed by Equity for non-payment or partial payment of fees as outlined above, the

Artist shall have the right to terminate forthwith their contract with the Theatre, Equity

consenting. However, upon application by the Theatre, Equity may grant a grace

period not to exceed seven (7) calendar days. Equity shall have an alternative right

to pay to the Artist their contractual fee or other monies owing to the Artist out of any

security deposited by the Theatre. The Theatre agrees to replenish the security

deposit upon receipt of a request from Equity. Should it finally be determined that the

Theatre was not liable for payments claimed by Equity or monies paid to the Artist

from the security deposit, then Equity shall be liable for the repayment of such monies

to the Theatre on behalf of its members.

23:10 Partial Weeks of Engagement BOTH

The Theatre may engage the Artist for less than a full engagement week under the

following terms:

(A) Timing MAIN

For a Mainstage Artist, partial weeks of engagement may only occur at the

beginning or end of the Artist’s engagement period.

(B) Consecutive MAIN

Such period must be consecutive.

Payment for a prorated day, including the Free Day, must not be less than

one-sixth (1/6) of the Artist’s weekly contractual fee for each day engaged.

(D) Insurance Top-Up BOTH

For every day not worked in an Engagement Week, the Artist shall be paid

the rate stipulated in the chart below. For the purposes of this Clause a week

shall be considered six (6) days.

2023-2025

Mainstage

$4.00

TourCo

$3.35

(E) Number of Prorated Days BOTH

The Artist may be engaged for any number of days in the Engagement Week.

(F) Inclusion of Free Day BOTH

In any event, the Artist may not be required to work for more than nine (9)

consecutive days, including the prorated days as provided for above, without

a Free Day. Should the prorated period include a free day in the first or last

week of engagement, that day must be paid on a prorated basis.

(G) Reporting BOTH

All prorated days and unworked day payments as above must be clearly

stated on the remittance report submitted by the Theatre to Equity.

(H) Failure of the Artist to Rehearse MAIN

Should the Artist fail to appear for Process at the beginning of the engagement

through no fault of the Theatre, then said Artist’s fee may be prorated as

above.

Equity Second City Agreement 2023 - 2025 | Page 21

23:11 Additional Duties BOTH

The Artist will not perform any additional duties that are not specified in their contract

unless the Artist negotiates additional compensation to the Artist’s satisfaction which

shall not be less than as specified below. Such additional duties and compensation

shall be specified in a rider and attached to the Artist’s ESCA Engagement Contract

and shall constitute part of the Artist's contractual fee subject to Clause 25:01,

Deductions. Additional duties include, but are not limited to playing additional parts or

undertaking additional Understudy assignments not specified in the Artist's contract

at the time of its signing. An additional duty fee shall be negotiated per Role added to

the Artist’s performing or Understudy assignment(s), and shall apply to the Artist’s

engagement for the duration of that engagement beginning with the week of the added

assignment.

Notwithstanding the above, the negotiated additional compensation for an additional

duty not related to a performing or Understudy assignment shall only apply for the

stipulated duration of the additional duty.

2023-2025

2023

2024

2025

Minimum Fee

$46.59 $47.53 $48.48

23:12 Fee Schedule

(A) Current BOTH

Minimum fees and other amounts for 2023 as expressed in this Agreement

herein shall apply from January 2, 2023, to December 31, 2023; for 2024 from

January 1, 2024, to December 29, 2024; and for 2025 from December 30,

2024, to January 4, 2026.

(B) Contracts Spanning Two Fee Schedules BOTH

Where the term of an individual ESCA Engagement Contract extends into or

spans the next fee schedule, as detailed in Clause 23:12 (A), the Artist’s

ESCA Engagement Contract must bear a rider that the Artist has notice and

details of any change in the minimum fees as set forth in this Agreement

herein.

Where the term of an individual ESCA Engagement Contract extends beyond

the end of the current ESCA, such individual contract shall remain in force

until completed or terminated according to the provisions of the ESCA. Any

individual ESCA Engagement Contract which begins after the expiry of the

ESCA shall be considered null and void, unless a new Agreement is in place,

or Equity and the Theatre have extended the ESCA. When a new Agreement

is in place, all individual ESCA Engagement Contracts shall be subject to the

terms and conditions of the new Agreement as of the date when the new

Agreement comes into effect.

23:13 Mainstage Minimum Fees 2023-2025 MAIN

The minimum weekly fees for Performers, Directors and Stage Managers for 2023,

2024 and 2025 shall be as stipulated in the chart below:

2023-2025

2023

2024

2025

Performer

$1,042.67

$1,063.52

$1,084.80

Director

$1,355.39 $1,382.50 $1,410.15

Stage Manager (Standard)

$1,297.07 $1,323.01 $1,349.47

Stage Manager

(Process Week 4 -11)

$1,401.84 $1,429.88 $1,458.48

Equity Second City Agreement 2023 - 2025 | Page 22

23:14 Touring Company Minimum Fees 2023-2025 TourCo

Shows and Rehearsals

During the offer period for an upcoming contract, the Theatre will determine the

number of guaranteed shows per engagement week. The applicable minimum fees

will be determined by the number of such shows per engagement week as outlined

below. Notwithstanding the foregoing, the Theatre may change the number of

guaranteed shows per engagement week at any time during a contract upon fourteen

(14) days’ notice, after which time the minimum fees for Artists will change accordingly

as outlined below.

Subject to the other clauses in this Agreement, Artists will be guaranteed one four-

hour rehearsal per engagement week.

Performer

Per-Performance Minimum Fees

2023

2024

2025

One Show Per Engagement Week $162.50 $165.75 $169.07

Two Shows Per Engagement Week

$147.50

$150.45

$153.46

Three Shows Per Engagement Week

$132.50

$135.15

$137.85

Four Shows Per Engagement Week

$120.00

$122.40

$124.85

Rehearsal Minimum Fees

$26.00/hr $26.52/hr $27.05/hr

Overtime Minimum Fees

$39.00/hr $39.78/hr $40.58/hr

Stage Manager

Per-Performance Minimum Fees

2023

2024

2025

One Show Per Engagement Week

$187.50

$191.25

$195.08

Two Shows Per Engagement Week

$172.50

$175.95

$179.47

Three Shows Per Engagement Week $160.00 $163.20 $166.46

Four Shows Per Engagement Week $145.00 $147.90 $150.86

Rehearsal Minimum Fees $33.50/hr $34.17/hr $34.85/hr

Overtime Minimum Fees $50.25/hr $51.26/hr $52.28/hr

Director

Minimum Weekly Fees

2023

2024

2025

One performance &

one 4-hour rehearsal

$275.00 $280.50 $286.11

Rehearsal and Additional Duties

Minimum Fees

$40.00/hr $40.80/hr $41.62/hr

Overtime Minimum Fees

$60.00/hr

$61.20/hr

$62.43/hr

When a Performer, Stage Manager, or Director attends a rehearsal, they will be

compensated for a minimum of four (4) hours at the hourly rates set out above. For

clarity, this minimum will not apply to additional duties hours for Directors. The

overtime rate will apply after eight (8) consecutive hours of rehearsal.

Equity Second City Agreement 2023 - 2025 | Page 23

23:15 Choreographer Fees 2023-2025 BOTH

Choreographers will be engaged on a half (1/2) day basis for a maximum of four (4)

hours for the minimum fee in the chart below. In all cases, the minimum fees below

include royalty.

2023-2025

2023 2024 2025

Four-Hour Call $155.30 $158.41 $161.58

After the initial half (1/2) day call, either on the same day or on subsequent days the

Choreographer may be engaged at the minimum fees in the chart below.

2023-2025

2023 2024 2025

Hourly $77.65 $79.20 $80.79

Four-Hour Call $155.30 $158.41 $161.58

23:16 Long-Term Run Bonus MAIN

Any Original Artist engaged hereunder, in which engagement in one (1) production

spans a period of nine (9) months or more (that is from Press Opening to the first day

of the ninth (9th) month) shall receive in the first week of the ninth (9th) month of the

run no less than the following additional amount:

2023-2025

2023 2024 2025

Long-Term Run Bonus $765.00 $780.30 $795.91

This payment is subject to standard deductions. This clause shall also apply to the

Stage Management.

23:17 Extended Process MAIN

For rehearsal processes that exceed eleven (11) weeks, the Artist shall receive no

less than one hundred twelve percent (112%) of the minimum weekly fee for each

week of rehearsal after the eleventh (11th) week until the official Press Opening.

24:00 CONTINGENT COMPENSATION ON WEEKLY GROSS BOTH

No ESCA Engagement Contract shall be entered into by the Theatre or Artist where in whole,

or in part, the compensation is contingent upon weekly gross or net receipts without the prior

written consent of Equity, which will not be unreasonably withheld. In no case shall

compensation be less than the established minimum fee in accordance with the terms of the

ESCA.

25:00 DEDUCTIONS

25:01 Deductions

(A) Payments of Equity Dues BOTH

For members, the Theatre agrees to deduct working dues of two-and-a-

quarter percent (2.25%) or a percentage as directed by Equity of the Artist’s

contractual fee and remit the same in accordance with Clause 25:02 below.

(B) Equity Member Benefits BOTH

Equity provides benefits to its members, including but not limited to the

provision of insurance and a group RRSP plan. In order to facilitate this, the

Theatre will deduct from the Artist’s contractual fee six percent (6%) for

RRSPs plus the weekly insurance premium (for weeks during which the Artist

provides service) as directed by Equity. These amounts may be modified on

not less than 120 days’ notice to the Theatre.

Equity Second City Agreement 2023 - 2025 | Page 24

For non-members, the Theatre agrees to deduct a filing fee of eight-and-a-

quarter percent (8.25%) or a percentage as directed by Equity of the Artist’s

contractual fee plus the weekly insurance premium (for weeks during which

the Artist provides service) as directed by Equity and remit the same in

accordance with Clause 25:02 below.

Once a non-member has exceeded four (4) permit credits Equity shall inform

the Theatre within five (5) business days of receiving the fully executed ESCA

Engagement Contract to increase the filing fee to twelve-and-a-half percent

(12.5%) for the duration of the engagement.

(D) Artists on Tour TourCo

When an Artist is on tour, aforementioned deductions shall be applied to the

contractual fee only, and not to the per diem.

(E) Additional Services BOTH

Deductions shall be made on any Additional Service or Overtime fees paid

out to an Artist.

25:02 Remittances BOTH

The Theatre will remit to Equity a cheque for those amounts deducted from the Artist’s

fees in accordance with this Article for the previous month. For the purpose of

calculations, the month shall be considered to be the week starting on Monday

containing the first of the calendar month to the last Sunday of the month. The Friday

following the last Sunday of the month shall be designated the remittance day.

The remittance shall include a list of all Artists currently contracted by the Theatre and

each Artist's contractual fee. Additionally, the information provided by the Theatre to

Equity shall include any additional duties fees or additional services fees incurred by

each Artist for the remittance period. In the event that Equity is unable to reconcile

the Theatre’s remittances with the documentation previously provided by the Theatre,

the Theatre, upon request from Equity shall submit any supporting documentation.

The paperwork shall arrive on a form developed by The Second City, Inc. and

approved by Equity. This form shall include all current productions operating by the

Theatre and will have a total remittance amount for all productions. Additionally, the

form shall include a notes section in which the Theatre shall list any weeks during

which specific Artists did not provide service for the Theatre.

An image of the issued cheque shall arrive with the electronic paperwork. Remittance

cheques which do not reach the Equity office by the third Thursday of the month will

be assessed a two (2%) percent interest charge, compounded monthly. Equity will

send to the Theatre a monthly statement of outstanding balances.

26:00 OUT-OF-TOWN ARTISTS

26:01 Obligations When Contract is Three or More Months BOTH

When an Artist who is engaged under an ESCA Engagement Contract that is three

(3) months or longer in duration, for a location that is outside of the Artist’s Place of

Residence and when the Artist agrees to relocate in order to accept the contract, then

the terms below must be met.

(A) Transportation BOTH

The Theatre, at the Theatre’s own expense, shall transport the Artist by a

direct and expedient mode whenever the Artist is required to travel. Any Artist

engaged originally from a point outside of the area in which the theatre is

located shall be provided transportation to the new location at the beginning

of the engagement and returned to the same point at the completion of the

engagement with the theatre whenever that occurs. When available, the most

expedient mode of transportation shall be deemed to be Economy Class

airfare.

Equity Second City Agreement 2023 - 2025 | Page 25

(B) Luggage BOTH

The Theatre shall be responsible for transporting the Artist's luggage, up to a

maximum of one hundred thirty-six (136) kilograms, from the Artist's Place of

Residence to the Artist's lodging in the vicinity of the theatre and returning it

to the Artist's Place of Residence after the close of the engagement.

The Theatre will provide the Artist with the choice of not less than two (2)

weeks of housing at no cost to the Artist or a one-time relocation fee of not

less than:

2023-2025

2023 2024 2025

Relocation Fee $867.00 $884.34 $902.03

This decision will be made at the time of signing the contract. If the relocation

fee is selected, payment will be due prior to the Artist leaving for the new

location. If the Artist terminates the contract for any reason within three (3)

months after the start date of the contract, the relocation fee must be repaid

to the Theatre.

26:02 Obligation When Contract is Less Than Three Months BOTH

If Second City offers an Artist a contract of less than three (3) months at a Second

City location that is outside of the Artist’s Place of Residence, then the terms below

must be met.

(A) Transportation BOTH

The Theatre, at the Theatre’s own expense, shall transport the Artist by a

direct and expedient mode whenever the Artist is required to travel. Any Artist

engaged originally from a point outside of the area in which the theatre is

located shall be provided transportation to the new location at the beginning

of the engagement and returned to the same point at the completion of the

engagement with the theatre whenever that occurs. When available, the most

expedient mode of transportation shall be deemed to be Economy Class

airfare.

(B) Luggage BOTH

The Theatre shall be responsible for transporting up to two (2) large suitcases,

up to a maximum of 90 kilograms, from the Artist’s Place of Residence to the

Artist’s lodging in the vicinity of the theatre and returning it to the Artist’s Place

of Residence after the close of the engagement.

A living allowance shall be provided to the Artist per week of engagement of

not less than:

2023-2025

2023 2024 2025

Relocation Fee $153.00 $156.06 $159.18

This allowance may be prorated in partial work weeks at the beginning or end

of the ESCA Engagement Contract. Such prorating shall be done at one

seventh (1/7) of the weekly living allowance.

Equity Second City Agreement 2023 - 2025 | Page 26

26:03 Housing MAIN

Housing for out-of-town Artists shall be provided at no cost to the Artist. The securing

of housing and transportation shall not be the responsibility of the Stage Management

staff. The Artist’s housing provisions must be stated in a rider to the Artist's contract,

and the following minimum conditions must be met:

(A) Clean and Sanitary MAIN

All housing provided by the Theatre shall be clean and sanitary upon

occupation by the Artist and shall include bedding, bed linens, and towels.

Where a kitchen is included, cooking and eating utensils shall be furnished.

The Artist shall not be required to share a bedroom. The Theatre shall make

best efforts to provide safe and secure housing.

(B) Relatives and Pets MAIN

The Theatre shall not be responsible for the room and board of relatives or

pets. Upon request, however, the Theatre shall provide the following

information to the Artist who plans to bring the Artist’s child to the place of

engagement: day care, babysitting services, pediatricians, and suitable

housing.

27:00 NUDITY AND ACTS OF INTIMACY IN PRODUCTION

27:01 Sex Acts BOTH

Actual sex acts or any acts of a sexual nature which are prohibited in public by the

Criminal Code of Canada shall not be required of any Artist during rehearsals or

performances, nor of any other person in any rehearsals or performances in which an

Artist takes part.

27:02 Notification to the Actor

(A) Prior to Signing TourCo

Where nudity and/or acts of intimacy are required for a role understudied or

taken over by an Actor they must be advised in writing prior to signing the

ESCA Engagement Contract and shall be provided with archival footage upon

request for review.

Where the scene is created after the signing of a contract, the Artist

understudying the role shall be made aware of the addition within forty-eight

(48) hours and shall have twenty-four (24) hours to review the material and

inform management of any concerns.

(B) Notice BOTH

No Actor shall be required to perform a scene which they have not written with

nudity or intimacy without receiving at least twenty-four (24) hours notice. If

the Actor wishes to have intimacy coaching available during the rehearsal at

which nudity or intimacy is required, their request shall not be unreasonably

denied.

27:03 Rider to the ESCA Engagement Contract TourCo

Requirements for any nudity and/or acts of intimacy must be stipulated in a rider to

the Actor’s contract. Where these requirements arise after a contract has been signed

and the Actor involved gives their consent, the detailed requirements, which shall

include a description of the nature of nudity, shall be stipulated in a rider to the contract

to be signed by both the Actor and the Theatre and immediately filed with Equity. The

Actor is not obliged to give such consent. Should the Actor involved refuse and should

the Theatre decide to replace the Actor, then the Theatre will pay to the Actor a

penalty equal to double the applicable termination settlement or compensation for

each week to the end of the run of the production, whichever is the lesser amount.

Equity Second City Agreement 2023 - 2025 | Page 27

28:00 SAFE AND SANITARY CONDITIONS

Preamble BOTH

The Theatre agrees to provide the Artist with safe and sanitary conditions of

engagement. No Artist shall be engaged in any theatre that fails to maintain proper

sanitary facilities as herein set forth.

28:01 Minimum Requirements BOTH

Minimum sanitary facilities shall be:

(i) At least one (1) dressing room with separate dressing areas as appropriate

for the Artists;

(ii) One (1) toilet cleaned daily with an ample supply of toilet paper; and

(iii) Wash basins with hot and cold running water with a supply of hand soap and

clean towels;

(iv) Adequate dressing table space with lighting and mirrors for the Artists; and

(v) A locker for each Artist at Second City venues or lockable storage area or

container at all other venues.

These facilities must be separate from audience facilities and easily and safely

accessible to the Artists at all times.

28:02 Temperature BOTH

All stage areas (including non-traditional stage areas) will be clean, well ventilated

and every effort will be made to keep stage areas at a comfortable and healthful

temperature said temperature to be no less than eighteen (18°C) degrees Celsius and

no more than thirty (30°C) degrees Celsius. The provisions of this Clause will have

been satisfied if the temperature at floor level measured one-half (1/2) hour before

the commencement of rehearsals and/or performance, is eighteen (18°C) degrees

Celsius to thirty (30°C) degrees Celsius. However, minimum temperature in the

dressing rooms must be achieved at least two (2) hours before curtain time. Heating

and air conditioning systems shall be properly maintained in good working condition.

Should temperatures exceed or drop below a comfortable and healthy level,

appropriate modifications will be made in order to allow Artists to perform comfortably.

Appropriate modifications may include but are not limited to costume adjustments,

fans, portable air-conditioning units, dehumidifiers, portable heaters, and ice packs.

28:03 Drinking Water

Cool and clean drinking water shall be readily available to all Artists at all times during

rehearsals and performances.

28:04 Dressing Rooms

(A) Supplies and Cleaning BOTH

All dressing rooms must be properly heated in cold weather and properly air

conditioned in warm weather. They shall have adequate lights, mirrors,

shelves, and wardrobe hooks for Artists’ make-up and dressing equipment,

and clothing racks, or their equivalent, with hangers for the Artists’ personal

clothes. Floors shall be washed or vacuumed at least once each week, and

dressing rooms cleaned at least once each working day.

(B) Upkeep MAIN

All dressing rooms shall be maintained in a clean and sanitary condition,

painted, and maintained as necessary. Peeling paint and loose plaster shall

be repaired.

All dressing rooms shall be well ventilated.

28:05 Equity Cot MAIN

The Theatre shall provide a cot backstage for any performer who may become ill

during a rehearsal or performance.

Equity Second City Agreement 2023 - 2025 | Page 28

28:06 First Aid

(A) First Aid Certification BOTH

At least one (1) Artist with each Mainstage and Touring Company must have

up-to-date and valid First Aid Certification. This Artist need not be Stage

Management, though this is recommended.

(B) First Aid Kits BOTH

First aid kits, stocked with adequate supplies, shall be available and easily

accessible at all times to dressing rooms and rehearsal areas. The Theatre

shall make sure that all Artists and Stage Managers know the location of the

kits. Additionally, there shall be an adequate number of first aid kits in the

backstage area of all venues at which the Artist perform and in any vehicle in

which the Artists travel on theatre business.

28:07 Lavatory and Toilet Facilities BOTH

Minimum facilities conform to the following conditions in any venue owned or used by

the Theatre where the Theatre may make such requests as are reasonable to the

length of engagement:

(i) One private toilet which may be shared by all genders.

(ii) Adequate wash basins, with adequate hot and cold water, not custodial sinks.

(iii) In any production which has dancers, requires nudity, or requires the use of

body make-up, showers, separate from other sanitary facilities must be

provided.

(iv) Washrooms and toilets must be cleaned at least once each working day.

Floors shall be washed or vacuumed at least once each week. Showers as

specified in 28:07(iii) above shall be available for use and cleaned as

necessary.

(v) Washrooms shall be painted and maintained as necessary. Peeling paint,

loose plaster, etc. shall be repaired upon written notification by Equity as soon

as possible.

(vi) The facilities listed above in 28:07(i) must be separate from audience facilities

and easily accessible to the Artists at all times.

28:08 Deep Cleaning MAIN

Dressing rooms, bathrooms, and other common areas that are frequented by the

Artists shall be deep cleaned as is practical no less than once per year.

28:09 Fire Safety Procedure BOTH

The Theatre must post fire safety procedures, which shall include the location of all

fire exits, firefighting equipment and evacuation procedures. The Theatre’s

designated representative shall give the Artists a walkthrough of the building to point

out fire exits.

(A) Tour Location TourCo

When arriving at a new location, the Artists shall be briefed on all Fire Safety

information prior to the commencement of any work.

28:10 Equity’s Discretion BOTH

Notwithstanding any other provisions of this Agreement or the individual Artist’s ESCA

Engagement Contract, Equity in its sole discretion shall determine whether the

aforementioned safe and sanitary conditions are being properly maintained.

Equity Second City Agreement 2023 - 2025 | Page 29

29:00 EXTRAORDINARY RISKS

29:01 Responsibility of the Theatre BOTH

The Theatre accepts responsibility for the safety of the Artists in the training and

execution of Extraordinary Risks. The Theatre shall engage qualified individuals for

the purpose of instructing the Artists in the performance of the following Extraordinary

Risks:

(i) The performance of acrobatic feats: suspension from trapezes, wires, or like

contrivances;

(ii) The use of or exposure to weapons, fire, dangerous chemicals, or

pyrotechnical devices;

(iii) Stage fighting; and

(iv) The handling of unusual live animals.

29:02 Rider BOTH

An Artist shall not be required to perform an Extraordinary Risk unless said risk is

stipulated in a rider to the ESCA Engagement Contract and filed with Equity. It is

understood that these risks may be Actor devised during process and may require

some administration time for the creation of the rider by the Theatre.

29:03 Dangerous Conditions BOTH

Inherently dangerous conditions are prohibited. No Artist shall be required to perform

any feat or act that places the Artist in imminent danger or is inherently dangerous,

nor shall any Artist be required to perform in a costume or upon a set that is inherently

dangerous.

29:04 Production Elements BOTH

Should the Theatre utilize any production elements other than standard lights, sound

or projections (e.g. smoke, haze, fire, pyrotechnics, snow, water, firearms, weapons,

raked stage, ramps, dirt, sand, turntable, traps, elevators, significantly raised

platforms, uneven stairs, tall ladders, aerial work, stunts, stage fighting, heavy

puppets, moving large set/prop pieces, etc.), the Theatre shall identify them in writing

to Equity as soon as the Theatre is aware of their use, but no later than Press

Opening. The Theatre shall prepare an Extraordinary Risk Rider as per Article 29:00,

as soon as the risk has been identified.

29:05 Smoke and Haze BOTH

The Theatre agrees to use only dry ice, liquid nitrogen, or substances listed in, and in

accordance with the conditions set forth in the Fog and Smoke section of the Safety

Guidelines for the Live Performance Industry in Ontario. Ventilation for the removal of

smoke and haze shall be in operation during its use.

29:06 Firearms BOTH

When firearms are used in a performance, all conditions outlined in the Stage Combat

and Weaponry section of the Safety Guidelines for the Live Performance Industry in

Ontario shall be followed.

29:07 Pyrotechnics BOTH

When pyrotechnics are used in a performance, all conditions outlined in the

Pyrotechnics Special Effects section of the Safety Guidelines for the Live

Performance Industry in Ontario shall be followed.

29:08 Determination BOTH

Equity reserves the right to determine what constitutes an Extraordinary Risk and

shall notify the Theatre in writing that such a risk exists. Upon such notification, the

Theatre may request an immediate meeting with Equity to occur within two (2)

calendar days of the request. The Theatre agrees to abide by Equity’s final

determination as to whether an Extraordinary Risk exists.

Equity Second City Agreement 2023 - 2025 | Page 30

30:00 CALLBOARD MAIN

An official Equity callboard shall be maintained backstage at the Second City venue on which

up-to-date information important to the Artist shall be posted, including:

(i) Rehearsal and Performance Schedules;

(ii) Scent, Social Media and Comp Policies;

(iii) Insurance Information and Forms;

(iv) Absences from Theatre’s Point of Origin Policy;

(v) Names, addresses, and telephone numbers of doctors and hospitals in the

area;

(vi) Location of first aid kits;

(vii) Member of the Theatre’s staff whom the Artist can contact in case of an

emergency;

(viii) Equity contact information;

(ix) Information regarding fire exits and firefighting equipment and proper

procedures;

(x) Notice of scheduled free day;

(xi) Notice of rehearsal calls after opening and other calls given by the Stage

Manager;

(xii) Material related to Equity’s Not In OUR Space! Anti-harassment campaign;

and

(xiii) Any notices or information sent by Equity.

31:00 LIAISONS AND REPRESENTATIVES

31:01 Equity Liaison

(A) Mainstage MAIN

A Liaison shall be elected for each Revue on the first day of Process. The

Liaison shall have the duty and obligation to report non-compliance with the

ESCA.

(B) Touring Company TourCo

A Liaison shall be elected for each Touring Company every six months or as

required for cast changes. The Liaison shall have the duty and obligation to

report non-compliance with the ESCA.

31:02 Equity Representatives

(A) Authorized Representatives BOTH

Duly authorized representatives of Equity shall have free access all Artists at

all times, inclusive of rehearsals and performances. There shall, however, be

no interruption of work in progress except where deemed essential in order to

meet an emergency situation.

(B) Equity Company Meetings BOTH

Sufficient time shall be set aside during the first week of Process for an Equity

Business Representative to conduct Equity business. This meeting shall not

exceed fifteen (15) minutes.

In the case of TourCo, this meeting shall be permitted once every six (6)

months as requested by Equity.

32:00 COMPANY AND MANAGEMENT MEETINGS

32:01 Mainstage MAIN

Up to three (3) times each contract, Second City’s Management may meet with each

Artist, either collectively or individually. Times will be selected by Second City’s

Management, but in no case may infringe upon overnight rest. The meeting will take

place at the theatre, one (1) week’s written notice to the Artist will be given, and the

meeting shall be scheduled at the Artists’ convenience whenever possible. Meetings

shall not exceed one-and-a-half (1 1/2) hours in length and shall be considered

rehearsal time and deducted from the next rehearsal call.

Equity Second City Agreement 2023 - 2025 | Page 31

32:02 Touring Company TourCo

Up to two (2) times each contract, Second City’s Management may meet with each

Artist, either collectively or individually. Times will be selected by Second City’s

Management, but in no case may infringe upon overnight rest. The meeting will take

place at the theatre, one (1) week’s written notice to the Artist will be given, and the

meeting shall be scheduled at the Artists’ convenience whenever possible. Meetings

shall not exceed one (1) hours in length and shall be considered rehearsal time and

deducted from the next Artist call.

33:00 DUTIES OF THE ARTIST

33:01 Duties BOTH

The duties of the Artist include, but are not limited to the following:

(i) The Artist shall abide by all rules and regulations of Equity and not alter, omit,

or change them in any way.

(ii) The Artist shall be prompt at all rehearsals.

(iii) The Performer shall appear at the Theatre no later than one-half-hour (1/2)

prior to the performance.

(iv) The Performer shall perform their services as directed and as maintained by

the Stage Manager, and shall conform to the language of the script as

applicable.

(v) The Performer shall pay strict regard to make-up and dress.

(vi) The Performer shall properly care for and check their costume and props in

the absence of an Equity Assistant Stage Manager or Apprentice Stage

Manager.

(vii) The Artist shall respect the physical property of the production and the Theatre

and other Artists.

(viii) The Artist shall abide by all reasonable rules and regulations of the Theatre

that are not in conflict with Equity rules.

(ix) The Artist shall not appear at rehearsals or performances under the influence

of alcohol or any controlled substance.

(x) The Artist shall not agree to perform such duties as hosting, waiting tables

and/or busing for the Theatre. (Equity shall not unreasonably withhold

permission to allow an Artist to perform such duties when such duties are an

integral part of the production concept or script.)

(xi) The Artist shall ensure they do not interfere with the tidiness of common areas

such as the dressing rooms and green rooms.

33:02 Infractions BOTH

Infractions of the above-listed rules shall subject the Artist to disciplinary proceedings

in accordance with the ESCA and Equity’s Bylaws, if applicable.

33:03 Intoxication or Impairment BOTH

If an Artist is unable to rehearse or perform due to intoxication or similar impairment,

the Theatre may determine that the Artist shall not rehearse or perform. The Theatre

undertakes to report all such occurrences to Equity immediately. In the case of such

intoxication or impairment, the Theatre may terminate the Artist’s ESCA Engagement

Contract under the provisions of Article 59:00.

34:00 TICKETING POLICIES

34:01 Comp Policy BOTH

The Theatre shall supply each Artist with at least two (2) pairs of complimentary tickets

for each Mainstage Revue to be used at any time in the run provided there are seats

available. The Artist must give no less than a 24-hour notice to the Theatre of intent

to use said tickets.

34:02 Complimentary Tickets on Tour TourCo

The Theatre shall make every effort to supply complimentary tickets as available for

performances at tour venues.

Equity Second City Agreement 2023 - 2025 | Page 32

34:03 Equity Members MAIN

The Theatre will offer members of Equity upon presentation of their Equity card two

(2) half-price tickets on the day of the performance to any performance where more

than twenty (20%) percent of the tickets are unsold at the opening of the venue Box

Office on that day.

35:00 REHEARSALS

Preamble BOTH

These conditions apply to both an Artist who is solely rehearsing and an Artist who is

both rehearsing and performing (i.e. an Artist who is in Process or in TourCo) unless

otherwise specified.

35:01 Timeline – Start of Process MAIN

Rehearsals of a subsequent production or Revue may not be scheduled before ten

(10) weeks following the Press Opening of the current production.

35:02 Mainstage Hours MAIN

During any week in which the Artist is rehearsing a new production in Process while

performing in the current production, the following weekly and daily limits apply:

Weekly Hours (Rehearsal and Performance): forty-two (42) hours per week per Artist

daily rehearsal hours and Performance Hours combined:

(i) Non-Performance Days: seven-out-of-eight (7-out-of-8) consecutive hours

per day

(ii) One-Performance Days: five (5) hours of rehearsal per day

(iii) Two-Performance Days: No rehearsal except as provided in Clause 35:07

Note Sessions

(iv) Free Day: one (1) day off

35:03 TourCo Hours TourCo

An Artist engaged as a company member of the TourCo shall have their weekly hours

determined by the number of guaranteed performances that they are contracted for

in an Engagement Week.

The maximum combined number of rehearsal, travel, and performance hours for a

Performer shall be eight-out-of-twelve (8-out-of-12) consecutive hours per day.

35:04 Additional Services BOTH

For any hours in excess of those above in Clauses 35:02, 35:03 and 35:04, the

Theatre shall pay the Artist at the rate stipulated in the chart below.

2023-2025

2023 2024 2025

Overtime – per half hour $13.72 $13.99 $14.27

35:05 Breaks

(A) Meal Break BOTH

There shall be a meal break of not less than one (1) hour after a period of not

more than five (5) consecutive hours of rehearsal. Should rehearsal extend

beyond five (5) hours without a meal break, the Artist shall be paid at the rate

stipulated in line one (1) of Schedule “A” until such a break occurs or the end

of the call, whichever is sooner.

(B) During Rehearsal BOTH

In addition to the meal break, there shall be a break of five (5) minutes for

every one (1) hour of rehearsal. Rehearsals may not continue longer than two-

and-a-half (2 1/2) hours without a break.

Equity Second City Agreement 2023 - 2025 | Page 33

(i) Mainstage MAIN

No more than two (2) hours or less than one (1) hour may elapse

between the end of the Artist’s first call and the beginning half-hour

call. The Theatre may with consent of the Artists by a unanimous

secret-ballot vote, extend the break by more than two (2) hours.

For any invasion of the one (1) hour break between rehearsal and

performance, the Theatre shall pay the Artist at the rate stipulated in

the chart below.

2023-2025

2023 2024 2025

Invasion of First Half-Hour $19.16 $19.54 $19.93

Next Half-Hour $40.64 $41.45 $42.28

(ii) Touring Company TourCo

No more than two (2) hours or less than one-half (1/2) hour may

elapse between the end of the rehearsal call and the beginning of the

half-hour call.

For any invasion of the one-half (1/2) hour break between rehearsal

and performance, the Theatre shall pay the Artist at the rate stipulated

in the chart below.

2023-2025

2023 2024 2025

Invasion of Half-Hour $19.16 $19.54 $19.93

(D) Rehearsals After a Performance BOTH

Rehearsals shall not be scheduled after an evening performance. Any

rehearsal scheduled following a matinee performance may commence

following a break of not less than one (1) hour after final curtain. The

performance time shall include not less than ten (10) minutes for the Artist to

get out of costume following the performance.

For any invasion of the one (1) hour break between performance and

rehearsal, the Theatre shall pay the Artist at the rate stipulated in the chart

below.

2023-2025

2023

2024

2025

Invasion of First Half-Hour

$19.16 $19.54 $19.93

Next Half-Hour

$40.64 $41.45 $42.28

(E) Between Travel and Rehearsal or Performance TourCo

On a day where the total travel time exceeds two (2) hours, there shall be a

break of not less than one-half (1/2) hour after arrival at a venue and rehearsal

or the half-hour call.

For any invasion of the one-half (1/2) hour break between travel and rehearsal

or performance, the Theatre shall pay the Artist at the rate stipulated in the

chart below.

2023-2025

2023 2024 2025

Invasion of Half-Hour $19.16 $19.54 $19.93

Equity Second City Agreement 2023 - 2025 | Page 34

Equity shall consider an easement to this clause when an unexpected travel

delay caused the invasion provided there was a break of not less than fifteen

(15) minutes upon arrival at the venue and the total work hours in the day do

not exceed seven and a half (7 1/2) hours.

35:06 Note Sessions BOTH

Notes may be given after a performance for a period not to exceed one (1) hour after

curtain. Such time shall be computed as part of the allowable weekly rehearsal hours.

A note session must begin not more than twenty (20) minutes following the final

curtain inclusive of out of wardrobe time.

35:07 Notice of Calls BOTH

An Artist shall receive the call, posted or via electronic means, for their next rehearsal

or performance no less than eleven (11) hours prior to the call time. It is agreed that

the rehearsal schedule distributed by the Theatre provides notice of call times. If an

Artist is provided fewer than eleven (11) hours of notice of an earlier call than is in the

rehearsal schedule, the Artist will be provided twenty-five dollars ($25.00), which shall

constitute part of the Artist’s contractual fee subject to Clause 25:01, Deductions.

35:08 Press Opening and Revue Identity MAIN

The Press Opening date and identity of the new production shall be confirmed in a

written notice to the Artists at least two (2) weeks prior to the date set for press

opening, a copy of which shall be filed with Equity.

35:09 Rehearsal of Current Production After Press Opening MAIN

Rehearsals of the current production after Press Opening shall be limited to two (2)

four (4) hour calls for a total of eight (8) hours per week. Brush-up or topical rehearsals

may only be scheduled with forty-eight (48) hours’ written notice to the Artists. Such

a rehearsal shall not be scheduled on the day following the Free Day.

35:11 Workshops and Classes MAIN

It is agreed that attendance at workshops and/or classes shall be voluntary and not a

condition of engagement and a notice to that effect shall be posted on the callboard

and in all rehearsal and dressing rooms.

35:12 Rehearsals Lost BOTH

If the Theatre is prevented from holding rehearsals because of fire, accident, riot,

strikes, illness or death of any Artist in the Company, Act of God, or act of public

enemy, which could not reasonably be anticipated or prevented, then the time so lost

shall not be counted as part of the rehearsal period herein.

Up to the time of suspension of rehearsals, payment of fees shall be made as provided

herein, and when the said layoff on the above account shall have continued for two

weeks, the Theatre shall pay half the contracted fees for two (2) further weeks, at the

end of which time the Artist may terminate the Artist’s contract without payment or

penalty unless the Theatre continues the services of the Artist by paying the Artist full

contractual fees thereafter.

35:13 Span of Day

(A) Performers MAIN

A Performer’s span of day may not exceed twelve (12) hours. For any span

of day over this limit, the Artist shall be paid at the rate stipulated in the chart

below.

2023-2025

2023

2024

2025

Span of Day – per half hour

$13.72 $13.99 $14.27

Equity Second City Agreement 2023 - 2025 | Page 35

(B) Stage Management MAIN

A Stage Manager’s span of day may not exceed thirteen (13) hours. For any

span of day over this limit, the Artist shall be paid the rate stipulated in the

chart below.

2023-2025

2023 2024 2025

Span of Day – per half hour $13.72 $13.99 $14.27

35:14 Emergency Rehearsal MAIN

Emergency rehearsals shall only be allowed when the Theatre did not have adequate

prior knowledge of the emergency in order to schedule a regular replacement

rehearsal. Such emergency rehearsal may be in addition to regular rehearsals.

In no case shall an emergency rehearsal exceed four (4) hours. Should such an

Emergency Rehearsal invade overnight rest periods or occur on the Artist’s free day,

the appropriate overtime rates shall apply and the call shall be deemed to be a

minimum of four (4) hours.

36:00 FREE DAY

36:01 Requirement BOTH

In each Engagement Week, there shall be one (1) Free Day completely free of any

rehearsal and/or performance. A Free Day shall be thirty-six (36) hours inclusive of

one (1) full calendar day.

36:02 Period Between Days Off BOTH

There shall be no more than nine (9) consecutive days between Free Days. This

provision shall not negate the Theatre’s responsibility to provide the appropriate

number of Free Days in each Engagement Week.

36:03 Notice of Change BOTH

The Theatre may change the Free Day with seven (7) days’ notice to the Artist.

36:04 Christmas Day BOTH

In addition to the regular Free Day, as stipulated above, Christmas Day shall be free

of rehearsals and performances. There shall be no rehearsal after 6:00 pm on

Christmas Eve, but there may be a performance provided the final curtain is before

10:30 pm.

37:00 ANNOUNCEMENTS

37:01 Method BOTH

The Theatre or the Theatre’s designated representative shall make an announcement

before the beginning of each performance to remind patrons to turn off all electronic

devices and to advise them that there shall be no texting, taking of pictures, or making

of recordings of any kind during the performance. In lieu of the foregoing, the Theatre

may place a written announcement in the free program given to each patron and

prominently display a sign in the lobby at the entrance to the theatre.

37:02 Front of House Entrances or Exits BOTH

If the aisles are used by the Artists for entrances and/or exits, the Theatre shall also

announce that the aisles must be kept clear during the performance and ensure that

Front of House staff are aware of the location and timing of all house entrances and/or

exits.

Equity Second City Agreement 2023 - 2025 | Page 36

38:00 BILLING

38:01 Billing BOTH

The Artist shall have the right to negotiate special billing arrangements at the time of

negotiating their ESCA Engagement Contract. All billing arrangements (including but

not limited to posters, brochures, paid advertising and all publicity material under the

direct control of the Theatre and the type size and billing position therein) are to be

specified in writing and attached as a rider to the ESCA Engagement Contract prior

to signing. The Theatre will not use the name of an Artist in an advertisement or

announcement unless an ESCA Engagement Contract has been signed, or unless

permission is given by the Artist in writing.

38:02 Promotion of the Artist

(A) Billing BOTH

At least once per production, the Theatre will publish the names of all Artists

in the production, in at least one ad or some other form of promotional

material.

(B) Billing Provisions BOTH

All provisions pertaining to the billing of the Artist shall be specific. If billing is

contingent on the billing of any other Artist, such contingency shall be clearly

and succinctly set forth in the ESCA Engagement Contract.

At least once per revue, the Theatre shall include the names of all contracted

Artists in the Revue in at least one (1) media release.

38:03 Breaches BOTH

Exempted from this provision below shall be posters on unpaid locations. Where it

can be clearly demonstrated that the Theatre approved a correct copy of the material

to be reproduced which did not breach the billing clause as claimed, then the Theatre

shall not be liable to a penalty, on condition that it takes whatever steps are possible

to immediately correct the breach.

(A) Mainstage MAIN

Whenever a breach is claimed of a billing clause contained in an Artist's

individual ESCA Engagement Contract, Equity shall notify the Theatre in

writing of said breach. Where it has been established that said breach has

occurred as claimed, the Theatre shall pay to the Artist a sum equal to one-

eighth (1/8) of the Artist's contractual fee for each week or part thereof that

the breach continues following notification.

(B) Touring Company TourCo

Whenever a breach is claimed of a billing clause contained in an Artist's

individual ESCA Engagement Contract, Equity shall notify the Theatre in

writing of said breach. Where it has been established that said breach has

occurred as claimed, the Theatre shall pay to the Artist a sum equal to one

performance fee for each week or part thereof that the breach continues

following notification.

Notwithstanding the above, in the case of a Director or Choreographer, one

(1%) percent of their total fee shall be substituted for all penalty payments in

this Article.

Equity Second City Agreement 2023 - 2025 | Page 37

38:04 Stage Management BOTH

The word "Artist" includes all Equity Stage Managers and Apprentice Stage

Managers.

(A) Photographs and Biographies MAIN

Where the Theatre elects to include the photographs and biographies of all

Equity Performers engaged in a production in the program, the Theatre will

also include the photographs and biographies of Stage Management

personnel.

Stage Management Apprentices must receive a credit in the program.

Positioning of such credit would be at the discretion of the Theatre.

(B) Billing Page MAIN

When any of the technical, administrative or managerial staff, other than the

Theatre, is listed on the billing page of a program, the Stage Manager shall

also be listed.

38:05 Website Billing BOTH

Where the Theatre elects to include the names of more than two (2) Actors in the cast

of a production on the Theatre’s website, the Theatre shall also include the names of

all Artists in the production including Stage Management.

39:00 HOUSEBOARDS, CAST LISTS AND PROGRAMS

39:01 Houseboards/Digital Screens

(A) Mainstage BOTH

The names of all Performers and Stage Management shall be listed

alphabetically on a houseboard either in front of the venue, prominently

displayed inside the lobby, or clearly displayed on a digital screen. Should

there be errors or omissions in this listing, provided such errors or omissions

are not corrected within two business days after the day on which written

47:01notice is given to the Theatre, the Artist shall be paid one sixteenth

(1/16) of the Artist’s contractual fee for each day the error goes uncorrected.

(B) Touring Company TourCo

A portable houseboard shall travel with each TourCo Company which shall

list the names of all Performers and Stage Management alphabetically. The

houseboard shall be prominently displayed inside the lobby of the venue.

Should there be errors or omissions in this listing, provided such errors or

omissions are not corrected within two business days after the day on which

written notice is given to the Theatre, the Artist shall be paid one quarter (1/4)

of the performance fee for each day the error goes uncorrected.

39:02 Free Program BOTH

A free program (paper or digital) must be offered to every patron who enters the

theatre at all performances. Such program must contain the names of all Artists and

their role or function. Should the audience be required to access the free program

digitally, printed copies of the digital program must also be available upon request by

an audience member. Additionally, the program must include the following language:

“This production was created by (list of all people who wrote the production) and

opened on (date material was first performed),” “This production is being performed

by professional Artists who are members of Canadian Actors’ Equity Association

engaged under the Equity Second City Agreement.”

The Theatre agrees to display the Canadian Actors’ Equity Association logo in the

program.

39:03 Artist Photographs BOTH

A professional quality photograph of the Artist shall be provided by the Artist and

displayed by the Theatre in at least one (1) of two (2) ways as follows:

(i) Prominently displayed next to the Artist’s name in the lobby.

(ii) Reduced to an appropriate size and reproduced, properly identified, in the free

program.

(iii) Clearly displayed on a digital screen.

Equity Second City Agreement 2023 - 2025 | Page 38

39:04 Biographies

(A) Biographical Material MAIN

In the event the Artist’s biographical material is printed in the free program,

the Artist shall have the right of approval of biographical material, which

approval shall be in writing and not unreasonably withheld. The Theatre shall

determine the space available for, and the placement of such material, but

may not delete or change Artist-approved material, unless it secures the

Artist’s written approval for the deletion or changes.

(B) Biographies Not In Program MAIN

If the Theatre elects not to print biographies of the Artist in the free program,

it shall provide a biography displayed adjacent to the Artist’s photograph in

the lobby.

39:05 Cast List TourCo

A free printed cast list must be offered to every patron who enters the theatre at all

performances. Such cast list must contain the names of all Artists and their role or

function. Additionally, the cast list must include the following language: “This

production is being performed by professional Artists who are members of Canadian

Actors’ Equity Association engaged under the Equity Second City Agreement.”

39:06 Errors or Omissions BOTH

In the event that there are errors or omissions in the printed cast list or program, the

Theatre agrees that upon receipt of notice of an omission or error, the Theatre will,

within forty-eight (48) hours, place in the playbill or program a printed slip correcting

the omission or error, and will also correct the omission or error in the next printing of

the cast list or program, provided such notice is given at least forty-eight (48) hours

prior to the press deadlines.

(A) Breach BOTH

For each failure to either place a correction slip in the cast list or program as

stipulated above or to correct the cast list or program at the next printing after

proper notice was given, the Theatre shall pay the Artist affected a sum equal

to one eighth (1/8) of the Artist’s weekly contractual fee for the first week that

the error continues and one sixteenth (1/16) for each day the error occurs

thereafter.

(B) Directors and Choreographers BOTH

Notwithstanding the above, in the case of a Director or Choreographer, one

percent (1%) of their total fee shall be substituted wherever the one-eighth

(1/8) penalty payment applies in this Article, and one-half percent (1/2%) of

their total fee shall be substituted wherever the one-sixteenth (1/16) penalty

payment applies in this Article.

39:07 Artist Leaving a Company

(A) Houseboards, Cast Lists and Frames BOTH

When an Artist leaves a Company, the Artist’s name and/or likeness (in

photographs portraying three (3) Artists or fewer) must be removed from all

houseboards and cast lists in the venue where the production is playing. The

removal shall be made prior to the first performance of the Artist’s

replacement. Should the Theatre fail to comply with this rule within three (3)

calendar days after the giving of written notice either by the Artist who is

leaving or has left, by the replacement Artist or by Equity, the Theatre shall

pay one eighth (1/8) of the weekly Mainstage fee to the Artist currently

performing and to the Artist whose name and/or likeness has not been

removed.

The Artists’ name and likeness may still appear in frames located throughout

the building, including the theatre lobby, memorializing Second City alumni

and/or the production.

Equity Second City Agreement 2023 - 2025 | Page 39

(B) Programs MAIN

When an Artist leaves a Company, the Artist’s photograph and/or biography

in the programs must be submitted for removal prior to the next printing

deadline. This date shall be made known to Equity within five (5) business

days of the Artist’s departure. Should the removal not occur for the next

printing, the payments outlined in Clause 39:06 (A) above shall apply.

40:00 CREATIVE COMPENSATION AND OWNERSHIP OF MATERIAL

40:01 Creative Compensation MAIN

Each Mainstage Performer shall be paid a Creative Compensation fee not less than

specified below for each Process in which they are involved. This payment shall be

made after Press Opening in two (2)

consecutive payments as outlined in a rider to the Artist’s ESCA Engagement

Contract and standard deductions shall apply.

2023-2025

Creative Compensation $4,000.00

40:02 Touring Company Writing TourCo

When the Company is required by the Theatre to create between forty percent (40%)

and fifty percent (50%) (inclusive) of the material for a final TourCo Production, such

as the “Holiday Show”, each Performer shall be paid a Writing Fee of not less than as

specified below. For clarity, topical adjustments to archival material do not constitute

the creation of material. The Writing Fee shall be made no later than the first regular

pay date after the first public performance of the TourCo Production and standard

deductions shall apply.

For further clarity, no more than fifty percent (50%) of any material created by the

Company for a TourCo Production will be included in the final Production.

2023-2025

Writing Fee $500.00

40:03 Ownership of Material BOTH

Definition of “Material”. Material as used in this Clause includes all works of

authorship, content, ideas, and work product created, developed, and/or authored, in

whole or in part, directly or indirectly, by or on behalf of the Artists during rehearsals,

performances, or otherwise (including but not limited to characters, content, scripts,

script treatments, dialogue, scenes, plots, themes, music, lyrics, choreography, stage

directions, staging and the like).

Definition of “Net Proceeds”. For the purpose of this Clause, Net Proceeds is defined

as only the license fee or purchase price actually received by the Theatre in respect

of the license or sale of rights in the Material to a third party studio, network, or

distributor (each a “Third Party”) less all direct costs incurred by or on behalf of the

Theatre in producing, distributing, developing, and otherwise exploiting the Material

and the rights therein, including but not limited to all costs incurred by the Theatre to

prepare and deliver materials to the licensee or purchaser of the Material, including

internal labour costs, a reasonable amount for overhead not to exceed 15% of the

license fee or purchase price, as well as legal and accounting costs (including such

costs payable to external advisors), agency or management fees, applicable taxes

and withholdings, and other costs (such as the costs of translations or dubbing) as

required to effect a license or sale.

For clarity, Net Proceeds do not include any form of fees or compensation payable to

the Theatre or its affiliates in connection with any services on productions based on

the Material or any elements thereof.

In exchange for the Creative Compensation and Writing Fees paid under this

Agreement and other good and valuable consideration the receipt and sufficiency of

which is hereby acknowledged, the Artists agree that all Material shall be the sole and

exclusive property of the Theatre, with effect immediately upon its creation.

Equity Second City Agreement 2023 - 2025 | Page 40

The Artists hereby transfer and assign, and agree to transfer and assign, to the

Theatre all right, title and interest in and to the Material, in any and all forms and states

of completion it may exist from time to time, in all formats and media now known or

later devised, including all copies thereof and all intellectual property and other

proprietary rights and interests of any kind whatsoever embodied therein, including

without limitation copyright. The Artists also waive, and agree to waive, any and all

moral rights in and to the Materials. Upon request by Second City, the Artists will

execute and provide to the Theatre any further documents or materials that the

Theatre may request to better evidence or give effect to the Theatre’s ownership of

the Material, including without limitation any written assignment of copyright or written

waiver of moral rights, in a form suitable to the Theatre.

Should the Theatre ever sell or license any Material for use by a Third Party, the

Theatre will pay a total of fifty percent (50%) of the Net Proceeds actually received by

the Theatre in respect of the sale or license of that Material to all the Artists collectively

who participated directly in the creation of that Material. Proceeds, in consultation with

Equity, shall be distributed on an equal basis among the applicable participating

Artists, the Theatre shall have fulfilled all its obligations hereunder by payment of the

fifty percent (50%) share to the collective applicable Artists, and the Artists shall not

be entitled to any further compensation for the exploitation of the Material, including

from the Theatre’s licensees or assigns.

For clarity, the Theatre and its affiliates, licensees and assigns shall have the right to

exploit (including, without limitation, sell, lease, or license) any Material. An Artist may

request the use of Material that the Artist has created, or in which the Artist has

participated in creating, for the purposes of a not for broadcast and non-exploitable

audition, performance showcase, or script submission for a similar sketch comedy-

based production, or for the Artist’s own personal publicity or promotion, subject to

the Theatre’s written approval in each instance. The Theatre will not unreasonably

withhold such approval provided that the requested use does not conflict with any of

the Theatre’s own uses of the Material (at the Theatre’s discretion) or the rights of any

third party.

41:00 OVERNIGHT REST PERIOD

41:01 Standard BOTH

For all Artists other than Stage Management, there shall be a minimum of twelve (12)

hours between the end of one day’s work and the first call on the next day. During the

overnight rest period the Artist shall not be required to provide any service to Theatre

without an additional payment as provided below:

2023-2025

2023 2024 2025

Per Half Hour

$27.44

$27.99

$28.55

41:02 Stage Management BOTH

For Stage Management, there shall be a minimum of eleven (11) hours between the

end of a day’s work and the first call on the next day. During the overnight rest period

the Artist will not be required to provide any service to the Theatre without an

additional payment as provided below:

2023-2025

2023 2024 2025

Per Half Hour $27.44 $27.99 $28.55

Equity Second City Agreement 2023 - 2025 | Page 41

41:03 Return to Point of Origin TourCo

When an Artist is being returned to the Point of origin following an overnight tour and

the day’s call involves only travel time, a maximum of ten (10) hours between the end

of the previous day and the travel call on the next day is required for both Performers

and Stage Managers. During the overnight rest period the Artist will not be required

to provide any service to the Theatre. The reduction of this period is prohibited.

42:00 WARDROBE AND MAKE-UP

42:01 Costumes BOTH

The Theatre shall provide the Artist with all costumes, shoes, and clothing (except

modern conventional undergarments) or rent the Artist’s personal wardrobe from the

Artist at a rate per contract of:

2023-2025

2023

2024

2025

Minimum

$5.10 $5.20 $5.30

Maximum

$204.00 $208.08 $212.24

No Artist shall rent or lend any wardrobe for use in any production until the terms of

the rental are stated in a rider to the Artist’s ESCA Engagement Contract. This

payment shall be paid weekly to the Artist with the Artist’s contractual fee, but shall

not be subject to deductions. The Theatre agrees to have any wardrobe furnished by

the Artist cleaned at the close of the engagement. Such cleaning shall be by a bona

fide professional cleaning establishment.

42:02 Declared Value BOTH

The Artist and the Theatre shall set a "declared value" on any items being rented,

which shall be stated in a rider to the Artist's ESCA Engagement Contract. The Artist

shall retain ownership of any item even after it has reached its declared value as

described above. Should the item be damaged or need to be replaced for any reason,

the Theatre shall pay for such a replacement up to the declared value.

42:03 Cleaning and Upkeep

(A) Mainstage MAIN

All clothing worn by the Artist in the Mainstage Company for use in the

production, whether furnished by the Theatre or not, shall be cleaned or

laundered at the Theatre’s expense, whenever necessary, but at least once

every week. Costumes shall be aired, repaired, or replaced whenever

necessary.

(B) Touring Company TourCo

All clothing worn by the Artist in the TourCo for use in the production, whether

furnished by the Theatre or not, shall be cleaned or laundered at the Theatre’s

expense whenever necessary but at least once every eight (8) performances.

Costumes shall be aired, repaired, or replaced whenever necessary.

“Skin parts” of clothing (e.g., stockings, tee-shirts, undergarments, bodysuits,

dress shields, bathing suits, and slips) shall be laundered by the Theatre after

no more than two uses. All “skin parts” must be laundered, thoroughly rinsed,

and dried before being given to the Artist.

42:04 Kneepads BOTH

The Theatre shall furnish kneepads when necessary for rehearsal and/or

performances.

42:05 Make-up BOTH

The Theatre shall supply all make-up, except ordinary, conventional street make-up.

Equity Second City Agreement 2023 - 2025 | Page 42

42:06 Change of Hair Colour or Style MAIN

Should an Artist wish to change their hair colour or style drastically during the course

of their ESCA Engagement Contract, they shall first seek permission from the Theatre

in writing. This permission will not be unreasonably withheld unless the change would

affect the artistic integrity of the current production. For the purposes of this clause,

hair shall include facial hair.

43:00 PROPERTY: REIMBURSEMENT FOR LOSS OR DAMAGE

43:01 Limits BOTH

Unless the loss is due to the Artist’s negligence or lack of care (for example, leaving

property unattended in the public spaces of the Theatre), the Theatre shall reimburse

the Artist for all loss and/or damage to the Artist’s property used and/or to be used in

connection with the production(s) covered by the ESCA, the personal clothing worn

by the Artist to the theatre, and the personal effects of the Artist, including the Artist’s

luggage, while such property is wholly or partly in the possession or control or under

the supervision of the Theatre, or under that of any of the Theatre’s representatives,

or while said property is in any theatre, building, or other place in which the

production(s) covered by this Agreement has been or is being given or is to be given;

or when said property or personal effects have been in any way shipped, forwarded,

or stored by the Theatre or any of the Theatre’s representatives, agents, servants, or

employees, up to a limit of two thousand dollars ($2,000.00) for the Artist’s personal

effects and/or clothing; up to a total limit of five hundred dollars ($500.00) for the

Artist’s jewelry.

43:02 Valuables Lockup

(A) Mainstage MAIN

If the Theatre provides facilities for the safekeeping of the Artist’s personal

valuables, jewelry, and/or cash not used in the production, while said articles

are in any theatre, the Theatre shall be liable for loss and/or damage only if

said personal valuables, jewelry, and/or cash are given to the Theatre or the

Theatre’s agent for safekeeping. In this regard, the Theatre agrees to provide

facilities for safekeeping of said articles, and to inform all Artists of it and of

the necessity for using such facilities (under the provisions of this clause) by

a written notice posted on the callboard. The Artist’s signature on this notice

shall be deemed proper notice to the Artist of the existence of these facilities.

(B) Touring Company TourCo

The Second City, Inc. TourCo Technical Rider shall stipulate that all venues

at which the Touring Company performs must have a lockable room in which

the Artists valuables may be stored during the performance. In venues where

this is not possible, the Stage Manager shall collect the Artists’ valuables and

keep them in the calling area for the duration of the performance.

43:03 Liability BOTH

The Theatre shall be liable as herein above provided whether or not the act, fault, or

negligence of the Theatre, the Theatre’s agents, servants, or representatives caused

or contributed to such loss or damage. The Theatre, however, shall not be liable for

any loss or damage to the property of the Artist while said property is under the sole

and exclusive control and supervision of the Artist.

43:04 Insurance BOTH

Except as above provided, the Theatre shall not be responsible for any loss of or

damage to the personal property of the Artist over and above the limitations herein

set forth and where, as to such property, it is the duty of the Artist, if the Artist desires

to be protected against loss, to insure the same. The Theatre may meet the foregoing

obligation by maintaining adequate and sufficient coverage, which shall provide the

same protection as the coverage that the Theatre hereby assumes. Upon direct

payment of any loss or damage to the Artist by the Theatre, the Theatre or the insurer

shall be subrogated to all rights of the Artist to the extent of such payment.

Equity Second City Agreement 2023 - 2025 | Page 43

44:00 PERFORMANCES

Preamble

All performances or rehearsals for which admission is charged are to be counted and

considered as performances for which the Artist is paid.

44:01 Number of Performances

(A) Mainstage MAIN

Up to eight (8) performances shall be permitted in any one engagement week.

A week’s compensation shall be paid even if fewer than eight (8)

performances are given in any week. There shall be not more than two (2)

performances on any one day except as may be authorized by Equity.

(B) Touring Company TourCo

Up to ten (10) performances shall be permitted in any one engagement week,

however only one (1) performance shall be permitted on any day where the

total travel and rehearsal hours are more than three (3) hours. Should a

second performance be scheduled on a day that does not meet these

conditions, each Artist shall be paid an additional amount equal to not less

than one (1) additional performance fee.

44:02 Span of Day: Two-Performance Day MAIN

If two (2) performances are given on any day, the time from the beginning of the first

call for the first performance until the end of the final curtain of the second

performance or the conclusion of the improv set, if applicable, on any one day shall

not exceed seven (7) hours.

44:03 Extra Performances MAIN

Extra performances beyond those allowed in Clause 44:01 (A) that are not on the

Artist’s Free Day shall be permitted as below.

(A) Notice MAIN

Requests for additional performances on a day when an Artist is already

scheduled to perform must be submitted to the Artist in writing at least

seventy-two (72) hours prior to the contemplated performance. If there is less

than seventy-two (72) hours’ notice, those Artists who are unavailable may be

replaced by an Understudy for the extra performance at no expense to the

unavailable Artist.

(B) Payment MAIN

Each Artist shall be paid an additional three-sixteenths (3/16) of contracted

fees for the ninth performance in a week; thereafter, two-eighths (2/8) of

contracted fees shall be paid for each additional performance over nine (9).

Said performances may be cancelled with forty-eight (48) hours’ notice with

no financial obligation to the Artist.

(D) Performances on the Artist’s Free Day MAIN

An extra performance on the Artist’s Free Day shall not be permitted except

as provided for elsewhere in this Agreement for Benefit Performances.

44:04 Half-Hour Call BOTH

All performances must include a thirty (30) minute half-hour call.

This time is to be used exclusively for the preparation of the Artist and no notes may

be given during this time except for Health and Safety related notes which shall be

given by Stage Management.

Equity Second City Agreement 2023 - 2025 | Page 44

44:05 Breaks Between Performances

(A) Requirement BOTH

The break between performances shall be no less than one (1) hour between

the end of the first performance and the half-hour call of the second unless

paid for as below:

(i) Additional Services Provided During the First Half Hour BOTH

For additional services provided during the first half (1/2) hour or part

thereof, the Theatre shall provide and pay for a full dinner for the Artist

or shall pay the Artist the rate stipulated in the chart below.

2023-2025

2023 2024 2025

First Half-Hour

$19.16 $19.54 $19.93

(ii) Additional Services Provided During the Second Half Hour

BOTH

For additional services provided during the second half (1/2) hour or

part thereof, the Theatre shall pay the Artist at the rate stipulated in

the chart below.

2023-2025

2023

2024

2025

Second Half-Hour

$39.60 $40.39 $41.20

44:06 Notice of Changes

(A) Mainstage MAIN

The Theatre will advise the Artist, to the best of its knowledge, the anticipated

performance schedule at the time of negotiation of the Artist’s contract.

The Artist will be notified at least forty-eight (48) hours in advance of any

change in the performance schedule. However, the cancelation of a

performance with less than forty-eight (48) hours’ notice shall not constitute a

breach of this clause.

(B) Touring Company TourCo

The Theatre shall advise the Artist at least fourteen (14) days in advance of a

performance whenever possible. Within fourteen (14) days the Theatre may

add performances with the mutual consent of the Artist, but any cancelled

performances shall be paid as if they occurred.

44:07 New Year’s Eve BOTH

Should an Artist be required to perform or provide any other service to the Theatre on

New Year’s Eve past 11:00 pm the Artist shall be paid an additional one-eighth (1/8)

of the minimum weekly Mainstage fee.

45:00 TABLE SERVICE DURING PERFORMANCES

45:01 Clear Aisles BOTH

The performance shall not begin until all aisles, ramps, and stairs used as entrances,

exits, or playing areas during the show have been cleared. The Theatre shall use its

best efforts to keep aisles clear during the performance.

45:02 Management Duty MAIN

The Theatre shall use its best efforts to minimize table or bar service of food or drink

during the performance and such service shall not interfere with the production values

as established by the Director.

Equity Second City Agreement 2023 - 2025 | Page 45

46:00 PER DIEM AND HOUSING ON TOUR

46:01 Per Diem

(A) Local Touring TourCo

If the Artist does not leave the Point of Origin while touring, they shall be

considered to be on a local tour and no per diem shall be required.

(B) Run-Out Less than Five Hours TourCo

Should an Artist be taken outside the Point of Origin for fewer than five (5)

total hours in a working day, no per diem shall apply.

Should an Artist be taken outside the Point of Origin for five (5) or more hours

in one (1) working day, the Theatre shall provide the Artist with a per diem of

not less than that stipulated below.

2023-2025

2023 2024 2025

Prior to 6:00 pm $32.10 $32.74 $33.40

After 6:00 pm

$61.60

$62.83

$64.09

(D) Overnight Touring TourCo

Should an Artist be required by the Theatre to be outside the Point of Origin

for ten (10) or more hours, the Artist shall be deemed to be engaging in

Overnight Touring and the Theatre shall provide the Artist with

accommodations as per Clause 46:02 and a per diem of not less than that

stipulated below.

2023-2025

2023

2024

2025

Per Diem $61.60 $62.83 $64.09

46:02 Accommodations TourCo

The Theatre shall provide adequate, clean, and safe commercial accommodations at

no cost to the Artist when the Artist is required to spend the night away from the Point

of Origin. At the very least, the following minimum conditions shall be met:

(A) Clean and Sanitary TourCo

All accommodations provided by the Theatre shall be clean and sanitary upon

occupation by the Artist and shall include bedding, bed linens, and towels.

Equity retains the right to inspect the Artist’s accommodations.

(B) Single Occupancy TourCo

Artists shall not be required to share a bedroom or bathroom.

Whenever possible, accommodations shall have doors leading to an inside

hallway, rather than directly to the outdoors, unless housing is in a

condominium or resort. If the hotel does not have interior corridors, the

Theatre will make best efforts to provide rooms that are not located on the

ground floor.

(D) Distance to Venue TourCo

Accommodations shall be within one kilometre (1 km) of the performance

venue. If this is not possible, the Theatre shall provide transportation to and

from the venue at no cost to the Artist.

Equity Second City Agreement 2023 - 2025 | Page 46

46:03 Self-Obtained Accommodations TourCo

When an Artist, with no less than fourteen (14) calendar days’ written notice to the

Theatre elects to secure their own accommodations when touring overnight, the

Theatre shall pay the Artist the per diem stipulated below and the Theatre shall be

absolved of all responsibility for providing transportation to and from the venue

regardless of the distance to the accommodations.

2023-2025

2023

2024

2025

Per Diem

$61.60 $62.83 $64.09

47:00 TRANSPORTATION

47:01 Transportation of Artist by Theatre

(A) Theatre’s Expense TourCo

Except as specifically changed or modified herein, the Theatre shall, at the

Theatre’s own expense, transport the Artist and the Artist’s luggage when

required to travel outside the Point of Origin. The Theatre shall provide such

methods of travel to the tour venue(s) as are the most direct and available

within the public means.

(B) Use of Personal Vehicle BOTH

Should any Artist be required to use their personal vehicle for any duty for the

Theatre including initially travelling to the Point of Origin, such use shall be

paid at the rate stipulated below.

2023-2025

Per Kilometre

$0.60.5

The Artist and Theatre may agree in writing as to the route and modes of

transportation. In no event, however, shall such agreement provide for a

payment to the Artist of a sum less than the cost of applicable public

transportation from the place of residence to the theatre and return. If travel

is by air, an economy class ticket is required for transportation from the city

which is the point of origin to the first city traveled to, and also from the last

city in which the Artist performs back to the point of origin. The Artist shall not

be compelled to travel by air without the Artist’s consent, and in each and

every case it shall be entirely in the determination of the Artist to decide

whether or not the Artist wishes to travel by air.

(D) Tickets of Cash Equivalent Three Days in Advance TourCo

The Theatre shall furnish the Artist with the necessary flight information or

tickets, or their cash equivalent, from the place of residence as stated in the

contract to the theatre at least three (3) days in advance of the Artist’s

departure. The Theatre shall deliver the Artist’s return transportation in cash

or tickets, at the Artist’s option, at least three (3) days before the close of the

Artist’s engagement.

Equity Second City Agreement 2023 - 2025 | Page 47

47:02 Equity Travel Insurance

(A) Requirement TourCo

Equity will put in place travel insurance for all Artists engaged under an ESCA

Engagement Contract. This requirement includes, but is not limited to, local,

regional, run-out and overnight tours. The premium for such a plan shall be

borne by the Theatre.

Travel insurance is not inclusive of supplemental health insurance when

required by Clause 47:03.

(B) Plan TourCo

The Artists for whom travel insurance must be placed will be insured by the

Theatre under the travel accident insurance plan administered by Equity.

(i) Premiums TourCo

The applicable premium payments for the coverage, as established by

Equity, are to the Equity office no later than thirty (30) days after the

end of the calendar month in which the travel insurance was required.

These amounts shall be reported on the remittance paperwork.

(ii) Late Payments TourCo

Payments which do not reach an Equity office by the due date will be

assessed a two (2%) percent interest charge, compounded monthly.

(D) Monthly Billing Reminder TourCo

Equity will mail the Theatre a monthly billing reminder listing one (1) or more

of the Artists for whom Equity believes travel insurance is required. The

Theatre's remittance to Equity of the correct amounts due will be

accompanied by a complete list of the Artists to be covered and the first and

last dates of coverage.

The insurance premiums are calculated on the basis of continuous coverage

in twenty-nine (29) or ninety (90) consecutive day segments.

47:03 Health Insurance TourCo

In addition to the travel insurance provided for in Clause 47:02, the Theatre agrees to

pay for health insurance for Artists on tour outside of Canada. The Theatre and Equity

agree to meet should the interprovincial rules governing universal health insurance

coverage in Canada change.

47:04 Air Travel TourCo

Air travel shall be the preferred method of travel. Air travel, if consented to by the

Artist, must be on a first class certified scheduled airline, and not on a non-scheduled

or private airline.

(A) Delay en Route TourCo

If delay en route occurs, all expenses usually paid for or furnished by the

traveler under coach air travel and not paid to the Artist by the airlines shall

be reimbursed to the Artist by the Theatre.

(B) Excess Luggage TourCo

The Theatre may designate that the Artist’s luggage be transported either by

airfreight or excess luggage. If the Theatre designates airfreight, the Artist

shall be given at least twenty-four (24) hours’ notice to arrange for such

transportation. The cost of luggage transportation, not to exceed one hundred

thirty-six (136) kilograms, will be borne by the Theatre.

Equity Second City Agreement 2023 - 2025 | Page 48

The Theatre shall not schedule any flights that depart prior to 8:00 am or after

8:00 pm. In no case shall an Artist’s call to travel to the airport be before 6:00

am without Additional Services compensation as stated below.

2023-2025

2023 2024 2025

Per Half Hour

$27.03 $27.57 $28.12

47:05 Automobile, Train, and Bus Transportation TourCo

Artists choosing to travel by automobile, train, or bus must make their own travel

arrangements and will receive a sum equivalent to the cost of the applicable method

of transportation, utilized to transport the rest of the company, and normal luggage

transportation expenses. If the Theatre requires train or bus transportation because a

flight is not available, the Theatre shall notify Equity of the proposed method of travel.

47:06 Automobile/Company Vehicle Transportation on Tour

(A) Travel Call TourCo

On travel days to place of rehearsal, performance, and/or accommodations,

travel time shall commence and be computed from the time of the first travel

call. In no event shall the first call of the day be earlier than 8:00 am without

Additional Services compensation.

(B) Delay by Artist TourCo

The Artist shall be prompt for all travel calls. If an Artist is responsible for a

delay at any time, such delay shall not be counted as part of the travel time of

the Company.

The work day will be deemed as ended at the time of return to the point of

departure, or arrival at scheduled overnight accommodations, or at the end of

rehearsal time, whichever is latest.

(D) Travel After Midnight TourCo

Travel is permitted after midnight without additional payment to the Artist

under the following conditions:

(i) No overtime has been incurred on the length of day ending at

midnight; and

(ii) The first call for the next day shall not take place until the Artists have

had their overnight rest period.

47:07 Company Vehicle TourCo

When the Company is traveling in a vehicle other than a chartered or franchised bus,

then the vehicle in which the Company is traveling shall be designated by the Theatre

as the “Company Vehicle” and said “Company Vehicle” shall be a properly insured

vehicle operated by a properly licensed driver and shall conform with all laws of the

city and province in which the vehicle is registered. Whenever there are five occupants

in a Company Vehicle, said car shall be no smaller than a standard mid-size

automobile.

(A) Number of Seats TourCo

Each Artist shall be provided with the Artist’s own seat in the Company

Vehicle. The Theatre shall use best efforts to see that each Artist has a seat

facing the front or rear of the vehicle.

(B) Blankets TourCo

The Theatre shall provide each Company Vehicle with one blanket per row of

seats upon request.

(i) If the Artist is obliged to occupy a seat that faces any direction other

than front or rear in a vehicle provided by the Theatre, the Theatre

shall provide cushions.

(ii) There shall be a seat belt for each Artist in a Company Vehicle.

Equity Second City Agreement 2023 - 2025 | Page 49

(iii) All seats and seat backs shall be firmly and safely secured.

(iv) Vans and/or vehicles in which vision through the rear window is

obstructed must be equipped with a right side-view mirror as well as

a left side-view mirror.

(v) The Company Vehicle shall be in good repair with functioning heating,

cooling and ventilating facilities and shall be equipped with all legally

required safety devices. Rented passenger vehicles shall be air-

conditioned.

(vi) Equity reserves the right for the Equity representative to inspect any

Company Vehicle.

(vii) Each Company Vehicle shall be covered by one million dollars

($1,000,000.00) accident and one million dollars ($1,000,000.00)

liability Insurance.

(D) Scenery and Luggage TourCo

When scenery and/or luggage are traveled in the same vehicle as the Artists,

such cargo shall be loaded in a way as not to exceed the height of the back

seat and shall be safely secured.

(E) Routing TourCo

Upon request, the Theatre shall supply each Company Vehicle with the

current year’s road atlas and maps covering all routes to be traveled or supply

a GPS.

The Theatre shall provide the driver of each Company Vehicle with detailed

written driving instructions and an itinerary including estimated travel time.

(F) Van Conduct Policy TourCo

The Theatre shall provide each Artist/Stage Manager a copy of the guidelines

of “Van Conduct”.

(G) Driving Company Vehicle TourCo

No Artist shall be required to drive a Company Vehicle and shall not be

penalized for refusing to do so. If an Artist consents to drive a Company

Vehicle, it must be agreed to in a rider to the Artist’s ESCA Engagement

Contract. Any Artist driving a Company Vehicle will be paid at the daily fee

stipulated below. This fee shall be reported on the remittances paperwork and

shall be subject to standard deductions.

2023-2025

Daily Driving Fee $22.50

47:08 Coach Train Transportation

(A) Calculation of Travel Time TourCo

Travel time for coach and train travel shall commence and be computed from

the time the Artist is first called to report. This call may not be more than one

half-hour prior to scheduled departure. If an Artist is responsible for delay at

any time, such delay shall not be counted as part of travel time.

47:09 Luggage

(A) Hand Luggage TourCo

The Artist shall be responsible for transporting the Artist’s personal hand

luggage to and from the Artist’s place of residence, and the Theatre shall

reimburse the Artist for the actual cost, up to an amount as per the table below,

each way, as set forth and itemized by the Artist on a form provided by Equity

for this purpose. The Artist shall show proof of all such expenses by providing

the Theatre with the appropriate receipts.

2023-2025

2023 2024 2025

Per Half Hour

$30.60 $31.21 $31.83

Equity Second City Agreement 2023 - 2025 | Page 50

(B) Trunk/Luggage TourCo

The Artist shall also be responsible for transporting the Artist’s trunk, under

the Theatre’s direction, from the Artist’s place of residence to the station,

terminal, or place of the Artist’s arrival at or near the town in which the

Theatre’s theatre is located, and back to the Artist’s place of residence. The

Theatre will pay for the entire cost of and reimburse the Artist for such

transportation of luggage up to one hundred thirty-six (136) kilograms.

Upon arrival, the Theatre shall be responsible for and pay transportation costs

of the Artist’s luggage of up to one hundred thirty-six (136) kilograms from the

station, terminal, or place of the Artists’ arrival to the theatre and/or the Artist’s

lodging place, and back to the station, terminal or place from which the Artist

departs after the close of the engagement.

48:00 SICK LEAVE, BEREAVEMENT LEAVE AND PERSONAL DAYS

48:01 Sick Leave BOTH

The Theatre may not deduct any amount from the Artist’s weekly contractual fee for

rehearsal or performance missed due to illness or injury. After seven (7) consecutive

days missed, the provisions of Clause 59:11 shall apply. It is understood that abuse

of this clause may result in termination.

48:02 Bereavement Leave BOTH

If any member of an Artist’s immediate family is critically ill, or dies (father, mother,

legal guardian, brother, sister, child, spouse or equivalent), the Theatre agrees to

arrange for the Artist to be absent for up to three (3) days without loss of fee.

Additionally, the Theatre will consider a request from an Artist for an absence for

bereavement of a non-immediate family member, and the Theatre’s permission for

the Artist’s absence will not be unreasonably withheld.

48:03 Personal Days MAIN

By permission of the Theatre, which shall not be unreasonably withheld, the Artist

shall be entitled to use one (1) paid personal day off in each six (6) month period while

under contract. The Artist must give the Theatre not less than a one (1) week’s notice

of intent to use a personal day. The personal day shall be considered approved unless

a sufficient reason exists for denial. Such reason shall be given in writing to both the

Artist and Equity within twenty-four (24) hours of the next business day after the

Artist's request.

48:04 Pregnancy & Parental Leave BOTH

The parties recognize and value the contribution that parents make to our society.

The Theatre will grant an Artist an unpaid pregnancy and/or parental leave during the

Artist’s Engagement Contract in a manner consistent with such leaves available to

employees under the Ontario Employment Standards Act, 2000, as amended.

However, it is understood that the Engagement Contract of an Artist who takes such

a leave will nonetheless end on the date established in the Engagement Contract,

and that exercising a right to take such a leave under this provision will not extend the

duration of the Artist’s Engagement Contract or establish a right to any future

Engagement Contract(s) with the Theatre.

49:00 VACATION

49:01 Vacation Allotment MAIN

For each six (6) months of engagement and commencing thirty (30) calendar days

after Press Opening, each Artist shall be entitled to one (1) week of unpaid vacation.

Accrued vacation time must be used by the termination of the ESCA Engagement

Contract.

Equity Second City Agreement 2023 - 2025 | Page 51

49:02 Notice of Vacation MAIN

The Artist shall give the Theatre not less than five (5) weeks’ notice of the date of the

Artist’s intended vacation, which date shall be approved or not approved by the

Theatre on a first-come first-served basis within one (1) week of receipt of the request.

Vacation requests will only be approved if the Artist’s Understudy is available, the

performance schedule allows and no other Artist has previously requested the

vacation week. Exceptions to allow more than one (1) Artist at a time to take vacation

shall be made for special events (e.g. weddings) at the discretion of the Theatre.

Additionally, a Performer and a Stage Manager may have coinciding vacation weeks.

49:03 Stage Management Vacation Pay BOTH

All Equity Stage Management Personnel, in addition to their weekly fee, shall receive

a weekly vacation pay of four percent (4%). This payment shall not be subject to

deductions.

50:00 MORE REMUNERATIVE ENGAGEMENT

50:01 Permitted Absences MAIN

The Theatre shall allow for an Artist to absent themselves without pay for the purpose

of accepting more remunerative employment opportunities under a professional

contract. These days shall be deemed to be “MRE Days”. The Theatre shall respond

to the request within a maximum of one (1) business day; otherwise, the request is

deemed to be approved.

An Artist may also make a request to absent themselves without pay for the purpose

of participating in a career advancement opportunity that does not constitute a MRE

Day. The Theatre will consider any such requests on a case-by-case basis and shall

make best efforts to respond to same within two (2) business days. However, in no

case will such a request be deemed to be approved without the express authorization

of the Theatre.

50:02 Notice to the Theatre MAIN

Dependent on the length of time off request, the Artist shall request MRE Days on the

following schedule:

(i) One to Two Days

For an absence of one (1) to two (2) days the Artist shall submit the request

with no less than forty-eight (48) hours’ notice.

(ii) Three to Four Days

For an absence of three (3) to four (4) consecutive days the Artist shall submit

the request with no less than seventy-two (72) hours’ notice.

(iii) Five or More Days

For an absence of five (5) or more consecutive days the Artist shall submit the

request with no less than one (1) week’s notice. If said MRE should extend

beyond fourteen (14) days, the Theatre may terminate the Artist’s ESCA

Engagement Contract upon written notice to the Artist and Equity with no

further financial obligation by the Theatre to the Artist.

50:03 Reasons for Denial MAIN

The Theatre may deny a request should the day fall within the thirty (30) calendar

days following the Press Opening, the request arrives later than the notice periods

provided for in Clause 50:02, or more than one (1) other Mainstage Performer has

previously requested the day off. Additionally, the Theatre may deny any request that

is more than five (5) consecutive days.

50:04 Reduction of Weekly Fee MAIN

When an Artist elects to use a MRE Day, the Theatre shall deduct one-sixth (1/6) for

a one (1) performance day or two-eighths (2/8) for a two (2) performance day from

the Artist’s weekly contractual fee, less the applicable Insurance Top-Up amount in

Clause 23:10 (D).

Equity Second City Agreement 2023 - 2025 | Page 52

51:00 UNDERSTUDIES

51:01 Requirement

(A) Mainstage MAIN

All Mainstage Artists shall have an understudy engaged at all times following

the Press Opening of a Revue until the start of the following Process.

Following a consultation with the Mainstage Artist, a suitable understudy,

which will include consideration of engaged TourCo Artists, will be chosen by

the Theatre. The understudy will be contracted under the terms of the TourCo.

provisions, but shall not have a guaranteed weekly show.

(B) Touring Company TourCo

There is no requirement for understudies for the TourCo, but the Theatre may

elect to engage such an understudy under the same terms and conditions as

TourCo Artists.

51:02 Rehearsal Conditions

(A) Rehearsal Time BOTH

An Artist understudying shall receive a transcribed copy of the current revue

script as well as access to the current archival recording from the Theatre not

less than five (5) business days before a put-in rehearsal.

(B) Put-In Rehearsal BOTH

An onstage put-in rehearsal for each understudy with the Director or Artistic

Director, and Intimacy Director if required, present shall be scheduled within

the twenty-one (21) calendar days following the Press Opening of each revue.

Each understudy shall be paid two (2) eight (8) hour rehearsal fees and will

be required to know the material for the scheduled put-in rehearsal.

Such a put-in rehearsal shall be paid at the hourly rehearsal fee and shall not

exceed eight (8) out of ten (10) hours.

51:03 Precondition to Perform TourCo

No Artist shall be required to perform in front of a public audience prior to their onstage

put-in rehearsal. Should an Artist consent to perform a role for which they have been

engaged to understudy prior to such a rehearsal, they shall be paid not less than

three-eighths (3/8) of the minimum weekly Mainstage fee for each performance until

a put-in rehearsal occurs.

51:04 Payment TourCo

An Artist shall be paid an amount of not less than three-sixteenths (3/16) of the

minimum weekly Mainstage fee for the first three (3) times that they perform an

understudy track in an Engagement Week and not less than one-eighth (1/8) of the

minimum weekly Mainstage fee for the fourth (4th) through eighth (8th) performance

in an engagement week. These payments shall appear in the remittance paperwork

and shall be subject to standard deductions.

51:05 Insurance Premium TourCo

Any TourCo Artist who understudies a Mainstage performer for six (6) or more

performances in an engagement week shall have the Mainstage Insurance premium

deducted and remitted for that week.

51:06 Emergency Replacement BOTH

An Artist not already under an ESCA Engagement Contract with the Theatre or an

Artist not contracted to understudy said track replacing an Artist who cannot perform

because of illness, injury or some other emergency, shall be contracted, if applicable,

and paid three-eighths (3/8) of the contractual fee of the absentee Artist or double the

performance fee, whichever is higher, per performance.

Equity Second City Agreement 2023 - 2025 | Page 53

Any required rehearsal shall be paid at the rate stipulated in the chart below.

2023-2025

2023

2024

2025

Per Half Hour

$13.52 $13.79 $14.07

For Artists not under contract, partial week payments shall apply. Standard

deductions shall apply to all Artists.

51:07 Understudy Not Available BOTH

When an understudy is not available and a five-person cast is required for the

performance, each Artist shall receive a total of twenty-five dollars ($25.00) per

performance in addition to their contractual fee.

52:00 CAST CHANGES

52:01 Replacement or Understudy

(A) Mainstage MAIN

When an understudy takes the place of an Artist in a Mainstage production,

or any Artist is replaced by another Artist, except in an emergency which

occurs within one and one-half-hours (1 1/2) before curtain (in which case an

announcement shall be made from the stage), the audience shall be informed

in two (2) of the following three (3) ways:

(i) By means of a sign conspicuously and prominently posted in the lobby

next to the Artists’ photographs, which shall say, “Appearing in

tonight’s performance.” This sign shall be at least eight (8) by ten (10)

inches in size, with letters at least one inch high;

(ii) By the inclusion of a printed slip distributed with all free programs;

and/or

(iii) By means of an announcement from the stage.

Should there be an emergency replacement within the time specified above,

then an announcement shall be made from the stage.

(B) Touring Company TourCo

When an understudy takes the place of an Artist in a TourCo production, or

any Artist is replaced by another Artist, the audience shall be informed in the

following two (2) ways:

(i) By means of a sign conspicuously and prominently posted in the lobby

next to the Artists’ photographs, which shall say, “Appearing in

tonight’s performance.” This sign shall be at least eight by ten inches

in size, with letters at least one inch high; and

(ii) By means of an announcement from the stage.

52:02 Announcement BOTH

When a cast substitution is announced (either from the stage or by program insert), it

shall be done in the following manner: “At this performance, the roles usually played

by (Artist) will be played by (Replacement Artist).”

52:03 Breach BOTH

Whenever a breach of Clause 52:01 or 52:02 above is claimed, Equity shall notify the

Theatre of the breach by e-mail, return receipt requested. If the breach occurs on two

(2) or more occasions in the same week, the Theatre shall pay to the Artist a sum

equal to one-seventh (1/7) of the weekly minimum Mainstage fee for each day on

which the breach occurred. Should the breach continue for more than seven (7)

consecutive performances, the penalty payment shall increase to three-sevenths (3/7)

of the weekly minimum Mainstage fee of the Artist for each occurrence thereafter.

Equity Second City Agreement 2023 - 2025 | Page 54

53:00 INTERVIEWS AND PUBLICITY APPEARANCES

Preamble BOTH

Interviews and promotional appearances shall occur within the allowable rehearsal

hours. For interviews or promotional appearances that do not occur within the

allowable rehearsal hours, the Theatre shall pay the Artists involved at the rate

stipulated in the chart below.

2023-2025

2023

2024

2025

Overtime - per half hour

$13.52 $13.79 $14.07

The Theatre will inform the Stage Manager of any publicity event concerning any Artist

in the production as far in advance as possible.

53:01 Promotional Appearances BOTH

With the agreement of the individual Artist, a publicity appearance may include a

promotional performance subject to the following conditions.

Provided that there is a minimum of three (3) full weeks of engagement, a maximum

of two (2) such promotional appearances (per Artist) may be scheduled within each

two (2) week period of the engagement. A promotional appearance may not be

scheduled during the first (1) week of rehearsal, or on any day with more than one (1)

performance at the theatre.

(A) Notice BOTH

The Theatre shall provide as much advance notice as possible of any publicity

appearance with a promotional performance, but in any event, such

appearances will be requested with no less than thirty-six (36) hours’ notice

to the Artist.

(B) Breaks BOTH

All breaks and rest periods required in the ESCA will apply to the scheduling

of promotional appearances. Should the Artist agree to a promotional

appearance on a Free Day, the Artist shall invoice the Theatre at the rate

stipulated in the chart below. The minimum call for a promotional appearance

on a Free Day shall be four (4) hours.

2023-2025

2023 2024 2025

Per Hour

$71.91 $73.35 $74.82

The performance elements shall not be more than three (3) scenes per Artist,

up to a maximum of twenty (20) minutes of performance in total. The

promotional appearance may not exceed thirty (30) minutes in total, inclusive

of interviews and other appearance requirements. For broadcast purposes,

performance elements are restricted to five (5) minutes or one (1) scene,

whichever is longer.

(D) Stage Management Requirement BOTH

The Stage Manager shall attend all promotional appearances with a

performance element, and the Theatre shall consult with the Stage Manager

to determine if additional stage management staffing is necessary for the

event.

(E) Outside of Point of Origin MAIN

Appearances will be within fifty kilometres (50 km) of the theatre in which the

production is presented unless mutually agreed otherwise.

Equity Second City Agreement 2023 - 2025 | Page 55

(F) In Excess of Limits BOTH

For promotional appearances with performance elements in excess of the

limits of this Clause, the Artist shall be paid not less than an additional two-

eighths (2/8) of their contractual fee or of the weekly minimum Mainstage fee,

whichever is greater, per appearance.

53:02 Touring Company Appearances TourCo

For the purposes of Clause 53:01, any Promotional Appearances with a performance

element for which the Touring Company is utilized shall be considered a performance

for the number of performances in an engagement week.

53:03 Reimbursement of Expenses BOTH

The Theatre shall reimburse the Artist for all reasonable expenses incurred in

connection with personal and publicity appearances required by the Theatre and/or

its representatives.

54:00 PHOTOGRAPHS AND RECORDINGS – GENERAL PROVISIONS

Preamble BOTH

Second City and Equity recognize the joint responsibility to promote a healthy, viable

and sustainable professional theatre sector in an increasingly competitive, changing

environment through the promotion of specific work and Canadian professional

theatre in general. It is hereby recognized that both the Theatre and the Artist have a

joint interest in promoting productions and the Canadian Theatre Industry. It is

understood that this will provide mutual benefit to all through audience attendance,

increased awareness, financial viability of theatre and increased future work

opportunities.

It is understood by both parties that any material used to publicize and promote the

Production may be unable to be removed from all digital sources beyond the timelines

outlined in this agreement. Any use of material beyond these timelines shall not be

considered a breach when the distribution of the material is beyond the control of the

party.

54:01 General Provisions BOTH

The clauses below cover the Theatre’s non-commercial capture and distribution of

recordings of a production, including aspects of process, rehearsal, and the

preparation of a production in which Artists may be featured. This Article covers the

general terms of use for photographs, video and/or audio recordings and social

media.

Distribution refers to the sharing or publication of recorded material, by any common

channel of dissemination by which materials may be publicly viewed or heard, e.g.

print, television broadcast, internet, digital media storage and compact devices, etc.

54:02 Social Media BOTH

Second City and Equity are committed to encouraging a respectful climate of social

media use.

The Theatre may post any policies regarding the use of the theatre’s technology and

social media sites and any parameters regarding use of logos, etc.

Artists who wish to use social media on their free time to share their experiences while

under contract to the Theatre are encouraged to familiarize themselves with the terms

of the policy of the Theatre.

All provisions with respect to notice and permissions shall apply to social media.

Any posting shall be removed at the request of the Theatre and/or an Artist. This shall

not apply to production photographs posted by the Theatre.

Equity Second City Agreement 2023 - 2025 | Page 56

54:03 Notice of Recording and Declared Use

(A) Notice of Calls BOTH

Wherever notice is required to be generated and given to an Artist it is the

Theatre representative, not Stage Management staff, who is required to

generate the notice.

All Artists involved must receive a minimum of twenty-four (24) hours’ written

notice prior to any recording or capture of photographs, a copy of which notice

shall be filed with Equity. The time, date and place of any recording must be

contained in the notice to the participating Artists.

(B) Initial Declared Use BOTH

Incorporated with the notice, the theatre shall declare the intended use(s) of

the recorded material, identifying the appropriate stipulations for each

Declared Use. If at any time the Theatre wishes to change the use of the

material from the Initial Declared Use, notice of the change will be submitted

(with appropriate stipulations) to the participating Artists, a copy of which shall

be subsequently filed with Equity.

54:04 Scheduling of Calls

(A) Calls for Recordings BOTH

All recordings, including still images, shall be made at the regular rehearsal

or performance venue and must take place within the regular working hours.

Any additional rehearsal hours required shall be paid at the appropriate rate

in Schedule "A".

(B) Non-Rehearsal Calls for Touring Company TourCo

When an Artist in TourCo is called specifically for a call to capture still images

or recordings, they shall be compensated at a rate not less than the

appropriate line of Schedule “A” or fifty percent (50%) of the performance fee,

whichever is greater.

For any call which results in the Artist providing additional services during any

rest period, the Artist shall invoice the Theatre at the rate stipulated in the

chart below.

2023-2025

2023

2024

2025

Overtime - per half hour

$27.03 $27.57 $28.12

However, with the unanimous consent of the company, still images may be

captured for up to fifteen (15) minutes immediately prior to the half-hour call

with no additional payment required.

(D) Calls Prior to Engagement Period MAIN

Should the Artist, at the request of the Theatre, attend a call before the

engagement period for which the Artist is contracted, they shall be

compensated at a negotiated rate of not less than one-sixth (1/6) of the Artist’s

contractual fee. The Theatre will provide suitable accommodation, travel, and

meals if required.

The arrangements of the call shall be outlined in a rider to the Artist’s ESCA

Engagement Contract. Daily insurance and standard deductions shall apply.

Equity Second City Agreement 2023 - 2025 | Page 57

54:05 Other Conditions

(A) Nude Recordings BOTH

Except in the case of an Archival recording, no Artist may be required to

appear nude or semi-nude in any recording or image without their prior written

consent. Furthermore, any images or footage of nudity may only be in long

shot.

The Artist shall be given the opportunity to view and approve all material prior

to any use. No nude or semi-nude recordings or images of an Artist may be

used in any way without the prior written consent of the Artist. A copy of the

signed consent and approved recording shall be provided to the Artist.

(B) Alteration of Images or Footage BOTH

Outside of altering an Artist’s image for quality, resizing or video editing for

time, the Artist must approve any recorded material or image in which their

likeness has been altered or in which the Artist’s image has been placed in a

context unrelated to the original material.

In order to verify any of the above conditions, Equity may request a copy of

any recorded material, raw or edited, in which case Equity warrants the

material will remain in its sole possession.

(D) Use of Recorded Material for Promotion of Canadian Theatre BOTH

The Theatre may submit recorded material to Equity for print or web

publication on its platforms. For the purpose of promoting professional

Canadian theatre, the Theatre may also permit the use of still images on the

website of a not-for-profit arts service organization of which the Theatre is a

member or on the international Second City website.

54:06 Capture of Material in Rehearsal or Backstage

(A) Capture During Rehearsal and Process BOTH

Recordings made and photographs taken in rehearsal or during process shall

be allowed with notice. However, any Artist may withdraw their consent for the

recording of material at any time by informing either Stage Management or a

representative of the Theatre.

In cases where the Theatre has hired a third party to record the material, the

Artist shall be informed as soon as possible and shall inform the Theatre within

twenty-four (24) hours of the notice being given if they do not consent to the

capture of material.

(B) Capture Backstage Mainstage MAIN

Specific permission to record any activities backstage including in or around

dressing rooms must be requested in writing. Such request must include an

outline of the material to be captured and the intended use of that material.

No Artist shall be penalized in any way for refusing to grant permission for the

capture of material in these areas.

There shall be no capture of backstage material during the half-hour call or in

the wings during a performance. To this end, no camera or cell phones shall

be permitted in the wings or on stage with the exception of those used by

Stage Management for emergencies.

Recorded Material captured by the Theatre or an Artist backstage which may

or may not include any elements of the production, requires the written

authorization from all participating Artists and/or the Theatre prior to being

used by the Theatre and/or Artists.

The capture of material backstage, during the half-hour call or from the wings

for TourCo shall be prohibited. Set up shots are permitted during allowable

rehearsal hours. To this end, no camera or cell phones shall be permitted in

the wings or on stage with the exception of those used by Stage Management

for emergencies.

Equity Second City Agreement 2023 - 2025 | Page 58

54:07 Use of Recordings by the Artist BOTH

Where the Theatre is empowered to do so, and at the request of the Artist, and with

the consent of all Artists who appear or whose work appears in the recorded material,

the Theatre may agree to provide a copy of the recorded material to an Artist for their

own individual souvenir or promotional use. The Theatre may levy a nominal charge

for a hardcopy of still images. If copies are available in digital format, such copies

shall be provided upon request to the Artist at no charge.

The Artist shall declare in writing the nature of the limited purposes for which the

recorded material may be used. The Theatre shall not be responsible for any

subsequent misuse of the material, either by the Artist or stemming from the use of

the material by the Artist whether such misuse arises from the use of the materials for

the purposes set forth by the Artist in their request to the Theatre, or for any other

uses.

For the purposes of this clause, “Artist” shall include other artists (such as designers)

whose artistic contribution to the production is represented in the recorded material.

The Theatre shall be responsible for securing the appropriate written permissions

from all Artists.

55:00 PHOTOGRAPHS

55:01 Photo Calls BOTH

Photo calls shall be allowed for the taking of customary and usual photographs,

together with photographs to appear in magazines, newspapers, and websites for the

sole purpose of publicizing and advertising the production.

All photo calls shall take place during allowable rehearsal hours except as provided

for in Clause 55:01 (A) below. For photo calls that do not occur within the allowable

rehearsal hours, the Artist shall invoice the Theatre in accordance with the chart

below.

2023-2025

2023

2024

2025

Per half hour

$27.03 $27.57 $28.12

(A) Additional Call MAIN

One (1) photo call of a maximum of three (3) hours (for each Performer) shall

be allowed for each revue at no additional remuneration.

(B) Two-Show Day BOTH

There shall be no such call on a two (2) performance day.

55:02 Use of Photos in Publicity Material BOTH

The Theatre shall not be required to obtain the Artist’s authorization or additionally

compensate the Artist for the use of production photographs from past or current

productions in publicity material for the promotion or recognition of the Theatre, its

activities, and/or the Artists.

55:03 Identification of Photographs BOTH

Where the Theatre has control over the photograph, the name(s) of the Artist(s) will

be identified when possible, but in all cases where there are three (3) or fewer Artists.

The title of the production must always be identified.

Where the Theatre does not have control over the photograph, the Theatre shall use

reasonable efforts to identify the names of all the Artists appearing in the image and

the title of the production whenever possible.

55:04 Use of Production Photographs - Special Provisions BOTH

Unless otherwise noted in this Article the Theatre shall not be required to obtain the

Artist’s authorization or additionally compensate the Artist for the distribution of

photographs from past or current productions.

Equity Second City Agreement 2023 - 2025 | Page 59

(i) Books and Publications

With the prior written consent of the Artist(s) appearing in the image the

Theatre may allow the use of photographs in books, such as academic texts,

or publications of plays without any compensation to the Artist. In the case of

the use of photographs in biographical or historical books about an Artist, a

theatre, or theatre in general, the Theatre may be exempt from the payment

to the Artist stipulated in Clause 55:05 (B) with the prior written consent of the

Artist.

(ii) Academic and Training Institutions

With the prior written consent of the Artist(s) appearing in the image the

Theatre may extend the use of photographs to post-secondary academic

institutions which have theatre programs or theatre schools for the publication

of those images in scholarly journals and publications.

(iii) Study Guides

With the prior written consent or former approval of the Artist(s) appearing in

the image the Theatre may use photographs in study guides for schools when

the study guides are prepared by the Theatre and supplied free of charge to

teachers.

The use of photographs as provided for in this Clause is subject to proper identification

as per Clause 55:03.

In Clauses 55:04(i) to (iii) above, should the Theatre not receive the prior consent of

the Artist, the Theatre shall pay the Artist not less than as specified below.

2023-2025

2023 2024 2025

Photo Use Fee $269.79 $275.19 $280.69

55:05 Use of Production Photographs for Merchandise

(A) Written Authorization BOTH

For merchandise use the Theatre must obtain the Artist's prior written

authorization for the use of the Artist’s image which authorization shall identify

the photograph to be used and the details of the specific usage to be made of

the photograph. The Theatre shall provide Equity with a copy of the Artist’s

written authorization upon request.

(B) Payment for Use of Image for Merchandise BOTH

If the Artist consents to the use of their image for any merchandise, other than

a “coffee table book”, the Artist shall be paid not less than as specified below

for said use for a period of not more than one hundred and four (104) weeks.

2023-2025

2023

2024

2025

Photo Use Fee

$269.79 $275.19 $280.69

The Theatre shall pay the Artist not less than as specified below for the use

of the photographs in any book where the importance of the photographs is

equal to or greater than the importance of the text.

2023-2025

2023

2024

2025

Photo Use Fee

$269.79 $275.19 $280.69

Equity Second City Agreement 2023 - 2025 | Page 60

56:00 AUDIO VISUAL RECORDINGS

56:01 Declared Use BOTH

Without derogating from the rights granted to the Theatre under Clause 40:01, it is

understood that audio visual recorded material may be used by the Theatre in whole

or in part, for the purpose of:

(A) Reference and Maintenance BOTH

For the sole purpose of review by Artists, a recording of specific elements of

a production may be made by the Theatre during regularly scheduled

rehearsal hours or a regularly scheduled performance. The Theatre may

make duplicate copies of the recorded material for review by the Artists,

however no Understudy may be given a copy of such recorded material until

they have signed an ESCA Engagement Contract. In the event that an

Understudy is provided with a copy of the recorded material, and is required

by the Theatre to use the recorded material for review at home, any such

hours spent reviewing the recorded material shall be mutually agreed upon in

advance, and will be considered allowable rehearsal time and paid. All copies

of Reference and Maintenance recordings are the responsibility of the

Theatre, and shall be destroyed following the conclusion of use.

Such recordings may be used for the purpose of maintenance of understudy

tracks, during process for writing and audience reactions, script transcription,

choreography, stage fighting or special business.

Notice for this declared use may be blanket in nature and contained in a rider

to the Artist’s ESCA Engagement Contract.

(B) Publicity & Promotion for Current Productions BOTH

The Theatre may use up to five (5) minutes finished running time of recorded

material from any approved source. This recorded material may comprise

clips of edited material from rehearsal, process, backstage, and/or

performance footage. The material may be used by the Theatre for up to

twelve (12) months from the Press Opening of the current Production, or for

the duration of the run, whichever is longer. Where the Theatre is empowered

to do so, the Theatre shall grant similar rights of use to the Artists in the

production with the agreement of the other Artists for the same time frame.

The Theatre may extend its time frame of the use of the material by either

offering the Artists the same extended use beyond the initial time frame as

noted above or by compensating the Artist at no less than one-sixth (1/6) of

the minimum Mainstage weekly contractual fee. Rates for Directors,

Choreographers and Fight Directors shall be no less than two-and-a-half

percent (2-1/2%) of the applicable minimum fee.

An Archival recording must be captured from a regularly scheduled public

performance of the production after the Press Opening; no additional

rehearsals are permitted to facilitate the recording. The Theatre guarantees

that the recorded material, which may not be copied, will remain under its

control for archival purposes and may only be viewed in private for reference

purposes or as a teaching or rehearsal aid for the benefit of Artists or

management. Archival material that is digitally stored will be password

protected and protected from download. When necessary, Archival footage

will be given to an Understudy before rehearsal for the purposes of learning

lines or blocking. There must be no public viewing of recorded material.

(D) Other BOTH

Where the Theatre requires consent from Equity to exploit audio visual

recorded material for use(s) other than those described above (including

commercial uses) (each, a “Further Use”), Equity will not unreasonably

withhold such consent. To the extent necessary, Artists will be contracted

under, governed by and paid according to the appropriate agreement for any

Further Use.

Equity Second City Agreement 2023 - 2025 | Page 61

56:02 Credit and Billing for Audio and/or Visual Recordings BOTH

With the exception of Archival and Reference Recordings, the final cut of any audio

and/or visual recordings made shall include a credit list or roll. The credit roll shall not

be counted towards the allowable five (5) minutes of recorded material from an

approved source.

56:03 Current Affairs BOTH

For the purpose of promoting the Engager, its productions, and/or the Artists, a

maximum of five (5) minutes of performance and/or rehearsal of each production may

be presented on a news, current affairs arts, lifestyle, or similar program (including

website use) during the current production or for twelve (12) months following the

close of the production, provided that the Engager notifies the Artists in advance, in

writing. The written notification shall include the full particulars of the recording, and a

copy of the notification shall be filed with Equity.

56:04 Stipulations BOTH

Stipulations refers to the specific conditions pertaining to a particular use of recorded

material, including but not limited to type and amount of material captured, control and

Limited use refers to the rights the Theatre has acquired from the rights holders for

use by the Artist.

57:00 VISUAL OR AUDIO RECORDINGS – USE IN PRODUCTION

57:01 Conditions For

(A) Artists’ Agreement BOTH

Artists in a production may agree to participate in audio and/or visual

recordings solely for use in the production where the text, writing and/or

Director's interpretation requires such recordings.

(B) Recording Sessions BOTH

The recording may only be used during the period in which the Artist is

engaged in the production and only for the production for which it has been

made. Should such recording sessions take place outside regular rehearsal

hours, then the Artist shall invoice the Theatre at the rate stipulated in the

chart below.

2023-2025

2023

2024

2025

Per half hour

$27.03 $27.57 $28.12

57:02 Artist Leaving a Production BOTH

This royalty and buyout stated below shall not apply if the Artist is recorded for the

purpose of background only or if the Artist is not recognizably featured.

(A) Mainstage MAIN

If a Mainstage Artist leaves the cast after making a visual or sound recording

the Theatre may, in lieu of making a new recording, pay the Artist a royalty for

the continued use of the recording. Such royalty shall not be less than two-

and-a-half (2-1/2%) percent of the Artist's contractual fee for each week of

use.

(B) Touring Company TourCo

If a TourCo Artist leaves the cast after making a visual or sound recording the

Theatre may, in lieu of making a new recording, pay the Artist a buyout for the

continued use of the recording for up to twenty-six (26) weeks. Such buyout

shall not be less than seventy-five percent (75%) of the minimum performance

fee.

Equity Second City Agreement 2023 - 2025 | Page 62

57:03 Artist Engaged for Recording MAIN

An Artist engaged solely for audio and/or visual recordings, not otherwise engaged

for the production, shall be paid one-sixth (1/6) of the applicable minimum fee per day

for recording sessions. For the Theatre's use of such a recording the Artist shall

receive a weekly royalty to be negotiated at the time of the Artist's engagement of no

less than two-and-a-half (2-1/2%) percent of the applicable minimum fee.

58:00 RECORDINGS AND BROADCASTS – COMMERCIAL USE

58:01 Scope

(A) Preservation BOTH

This Article covers the recording (preservation) of the audio and/or visual

aspects of a theatrical production in whole or in part through the use of any

and all devices now in existence and yet to be developed made during the run

of, or within six (6) months of the close of, the production. The resulting

product shall hereafter be referred to as a recording. The Artist may not be

required to take part in the recording or broadcast. Any recording or broadcast

of a scene involving nudity or acts of a sexual nature shall not take place

without the prior written permission of the Artist specifically agreeing to same,

such permission not to be unreasonably withheld.

(B) Broadcast BOTH

This Article also covers the broadcast or transmission of a theatrical

production whether by means of the reproduction of a recording or by means

of live broadcast. This Article shall apply whether the recording is made at or

the broadcast emanates from the theatre or elsewhere, and regardless of the

use made of same at any time thereafter.

58:02 Recording Rates BOTH

For the purposes of this Article, whenever a recording or broadcast of a production in

whole, or in part, is made, all Artists engaged in the recording or broadcast, including

radio, cast albums, simulcasts and commercials shall be paid as follows:

(i) Performers

Performers shall be contracted under, governed by, and paid according to the

appropriate ACTRA agreement.

(ii) Choreographers & Directors

For a visual recording or broadcast Choreographers and Directors shall be

paid a minimum of ten (10%) percent of the original contractual fee for the first

thirty (30) minutes of finished recording or broadcast and an additional five

(5%) percent of such original fees for each subsequent thirty (30) minutes of

finished recording or broadcast.

These payments shall be outlined in a rider to the Artist’s ESCA Engagement

Contract and standard deductions shall apply.

(iii) Stage Management

Stage Management personnel shall be paid no less than the Principal

performer rate in the appropriate ACTRA agreement. These payments shall

be outlined in a rider to the Artist’s ESCA Engagement Contract and standard

deductions shall apply.

Copies of all contracts and/or riders shall be filed with Equity.

Artists shall be free to negotiate compensation in excess of the above minimums.

All payments to the Artist stipulated above shall be in addition to and separate from

payment and fees stipulated in the Artist’s original ESCA Engagement Contract for

that period.

The Theatre agrees that the responsibility for the payments to Choreographers,

Directors and Stage Managers lies solely and exclusively with it.

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58:03 Notification BOTH

Whenever possible, the Theatre shall give the Artists and Equity thirty (30) days’

notice of any proposed recording along with a detailed schedule. Additionally, the

Artist or any third party must obtain the written consent of the Theatre before arranging

any recording or broadcast.

The use or preparation of recorded material, except as provided for elsewhere in this

Agreement, in a format different from that for which permission was given, is

prohibited.

58:04 Additional Rehearsals BOTH

Whenever any member or members of a company are rehearsed for a recording or

live broadcast, such rehearsal shall be included in the rehearsal schedule for said

recording or broadcast. Equity and ACTRA shall determine whether such rehearsal

time is related to the theatrical production or the recording or broadcast.

58:05 Maximum Call

There must be an eleven (11) hour overnight rest period from the end of the recording

day to the first call for the Theatre.

After recording, there must be a rest period of not less than one and one-half (1-1/2)

hours prior to curtain time on a day on which there is one (1) performance. On a day

when there is a matinee performance only, there must be a one-and-one-half (1-1/2)

hour rest period following final curtain before recording. Infringement of these

provisions is to be paid for at the appropriate overtime rate in the chart below.

2023-2025

2023

2024

2025

Per half hour

$13.52 $13.79 $14.07

58:06 Recording on a Day with No Performance BOTH

On a day on which there is no performance, ACTRA rehearsal clauses shall prevail.

Regardless, there shall be ten (10) hours overnight rest period between the last call

on a recording day and the first call on a performance day.

In the event that the Theatre is unable to schedule a recording or prep for recording

on a regular work day, Equity will on a case-by-case basis consider a request from a

Theatre to schedule a recording on an Artist’s Free Day.

58:07 Two-Show Day BOTH

The Artist may not be required to render their services for a recording session, live

broadcast or rehearsals for same under any circumstances on a day where two (2)

theatrical performances are to be presented.

58:08 Recording After Production Closed/Artist Leaves Production

(A) Original Artist BOTH

When a recording is made of the stage production which has closed, all the

Artists engaged in said stage production shall be engaged for the preserved

performance or broadcast. If another Artist, who did not participate in the

stage production, is engaged for the recording, then the Artist who was last

contracted for the stage production shall be paid in accordance with the fees

above, provided the original Artists was available and willing to participate in

the recording.

58:09 Artist Dismissed BOTH

Any Artist who is contracted or called for any recording or broadcast, and is

subsequently dismissed or released from such recording or broadcast, shall be paid

in full as if they had done said mechanical reproduction.

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59:00 TERMINATION

59:01 Notice Period BOTH

The minimum period of notice of termination for the Artist shall be two (2) weeks.

59:02 Delivery of Notice

(A) Written BOTH

It is the essence of all ESCA Engagement Contracts that all notices

thereunder, company and individual, must be in writing. Copies of all notices

must be filed with Equity electronically forthwith by the party (Artist or Theatre)

giving notice.

(B) Methods BOTH

All notices to the Theatre may be given to it personally, or to its designated

representative in writing. Notice to the Artist must be given to them personally

in writing unless they are not at the theatre location, in which case it may be

given by registered mail to the Artist’s last known address.

All communications which refer to the company in general shall be posted on

the call board.

(D) Timing BOTH

(i) Individual notices of termination given at or before the half-hour call

on the first performance day of the engagement week and which take

effect at the end of the final day of the week following shall be deemed

two (2) weeks' notice.

(ii) Notices must be delivered at or before the commencement of the first

call of the engagement week. Any notice given later will not take effect

until the following week.

59:03 Deductions BOTH

Deductions pursuant to Clause 25:01 shall apply to termination payments. However,

when the Artist is not allowed to work out the notice period the deduction for insurance

shall not apply.

59:04 Termination Before Engagement BOTH

ESCA Engagement Contracts may, before the beginning of the engagement, be

terminated as follows:

(A) Notice By Artist

(i) Mainstage MAIN

By the Mainstage Artist giving written notice to the Theatre prior to the

first day of engagement specified in the ESCA Engagement Contract,

and paying the Theatre no less than two (2) weeks' contractual fee.

Termination payments must be paid to the Theatre within two (2)

weeks of the notice being given or by a schedule mutually agreed

upon between the Artist and Theatre.

(ii) Touring Company TourCo

By the TourCo Artist by giving written notice to the Theatre prior to the

first day of engagement specified in the ESCA Engagement Contract,

and paying the Theatre no less than an amount equal to the Artist’s

fees as scheduled for the first two (2) weeks of engagement.

Termination payments must be paid to the Theatre within two (2)

weeks of the notice being given or by a schedule mutually agreed

upon between the Artist and the Theatre.

(B) Notice By Theatre

(i) Mainstage MAIN

By the Theatre giving written notice to the Artist prior to the first day of

engagement specified in the ESCA Engagement Contract and paying

the Artist a sum equivalent to not less than two (2) weeks’ contractual

fee or two (2) weeks’ minimum Mainstage weekly fee, whichever is

greater.

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(ii) Touring Company TourCo

By the Theatre giving written notice to the TourCo Artist prior to the

first day of engagement specified in the ESCA Engagement Contract,

and paying the Artist no less than an amount equal to the Artist’s fees

as scheduled for the first two (2) weeks of engagement.

59:05 After Beginning of Engagement BOTH

Individual notice of termination of a standard ESCA Engagement Contract after the

beginning of an engagement may not be less than two (2) weeks.

59:06 During Process or Rehearsals

(A) By Artist MAIN

During process, the Artist may terminate their ESCA Engagement Contract by

paying the Theatre no less than two (2) weeks’ contractual fees. However, the

termination of the Artist's services to the Theatre may not occur within the

period beginning two (2) weeks prior to and ending two (2) weeks after the

Press Opening dates specified in the ESCA Engagement Contract.

(B) By Theatre MAIN

During process, the Theatre may terminate the Artist's ESCA Engagement

Contract by paying the Artist not less than two (2) week’s contractual fees

except if the Artist's ESCA Engagement Contract is terminated during the two

(2) weeks prior to the specified Press Opening in which case the minimum

payment shall be no less than four (4) weeks' contractual fee.

During rehearsals for a production with a running time of ninety (90) minutes

or less, or when the rehearsal period is two (2) weeks or less, a standard two

(2) weeks' notice of termination may be given by either party as stipulated in

Clause 59:02.

59:07 Termination After Press Opening

(A) Notice MAIN

Either party may terminate the ESCA Engagement Contract at any time on or

after the date of the Press Opening by giving the other party termination notice

of not less than two (2) weeks. If the Artist gives notice, the Theatre may

determine whether or not the Artist is required to perform for the two (2) week

duration.

59:08 Company Termination Before Press Opening MAIN

If a revue for which the Artist is engaged is discontinued, abandoned or postponed,

before or during process, the Theatre shall pay the Artist two (2) weeks' contractual

fees in lieu of notice. Additionally, the Theatre shall pay any additional sums due to

the Artist, with the exception of Creative Compensation.

59:09 Extension of ESCA Engagement Contract

(A) Absence of Option BOTH

In the absence of an option to extend the ESCA Engagement Contract, should

the Theatre wish to extend beyond the originally contracted final date of

engagement for an Artist, the Artist, at their option, may upon announcement

of said extension, terminate their ESCA Engagement Contract upon written

notice, said termination to coincide with the originally contracted closing.

Written notice under the above conditions may be less than two (2) weeks.

(B) Written Agreement BOTH

Should the Artist agree to remain at the Theatre for the extension of the ESCA

Engagement Contract, a written agreement, so stating, shall be executed by

the Theatre, and a copy filed electronically with Equity.

The Artist has the right to negotiate the terms and conditions under which they

agree to the extension.

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59:10 Absence due to Accidents Involving Extraordinary Risk BOTH

When the Artist shall have been absent for seven (7) days by reason of accident

involving Extraordinary Risk, the Theatre may terminate the Artist’s ESCA

Engagement Contract by giving them two (2) weeks' notice. Equity may, at its

discretion, upon appeal of the Theatre, reduce this period.

59:11 Absence Due to Illness or Accident

(A) Termination For BOTH

When the Artist shall have been absent for seven (7) consecutive days by

reason of illness or accident, the Theatre may terminate the Artist’s ESCA

Engagement Contract at the end of the said seven (7) days effective

immediately.

(B) Payment BOTH

This seven (7) day period shall be compensated at the contractual fee, plus

per diem if applicable. The Theatre may, at its discretion and in accordance

with legislation require the Artist to present a doctor's certificate.

In the event of an incapacitating accident or illness, the Theatre may replace

the Artist immediately, but the Theatre shall be obliged to compensate the

Artist for the full seven (7) days.

59:12 Payment When Artist is Not Allowed to Work Out Notice BOTH

Where it is provided in this Article that the Theatre may give notice of termination to

the Artist during rehearsals, the Theatre will pay the Artist for the required termination

notice period forthwith, and the Artist's contract is terminated effective immediately.

Upon notice of termination of an Artist's ESCA Engagement Contract when they are

no longer called upon to perform, the Artist shall be paid immediately and may

forthwith accept other engagements.

59:13 Rights After Giving Notice When Artist Secures New Engagement BOTH

Should either party give the other any notice permitted under their ESCA Engagement

Contract, which terminates the same, at any future date, and should the Artist have

or secure a new engagement, they shall be permitted to attend those rehearsals under

the new Equity Engagement Contract which do not conflict with the fulfilment of any

of the Artist’s obligations under their ESCA Engagement Contract or as stipulated in

writing by Theatre to Artist.

59:14 Return Transportation Costs

(A) Termination by Theatre BOTH

If individual notice of termination is given by the Theatre, it agrees to pay the

Artist, in cash, the amount of the cost of transportation of the Artist, and their

luggage back to place of residence, or to provide a ticket for same whether

the Artist returns immediately or not.

(B) Termination by Artist BOTH

If the ESCA Engagement Contract is terminated by the Artist, the Theatre

shall not be responsible for the Artist's return transportation.

If the Artist has terminated their ESCA Engagement Contract in order to

accept another Equity Engagement Contract, the Artist agrees to reimburse

the Theatre for any transportation costs the Theatre may have to pay for the

Artist's successor, if any, up to an amount not exceeding the total cost

originally incurred by the Theatre in bringing the Artist to work with the

Theatre.

59:15 Filing of Notice BOTH

Copies of all notices of termination and/or extension referred to above shall be filed

electronically with Equity within ten (10) business days.

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59:16 Growth or Physical Appearance BOTH

Under no circumstances shall an Artist's growth or change in physical appearance be

considered grounds for termination, unless it impinges on the artistic integrity of the

production, to be determined by the Theatre.

59:17 Termination Due to Impairment BOTH

In the circumstances outlined in Clause 33:03, the Theatre may request relief from

the provisions of this Article in order to terminate without further payment. Equity may

grant such relief when it has been satisfied that the Artist was intoxicated or similarly

impaired. Additionally, if a rehearsal or performance is cancelled as a result of these

circumstances, the Theatre may request the Executive Director of Equity to decide if

the Artist shall be liable for any loss incurred.

59:18 Unauthorized Absence BOTH

When an Artist has been absent for six (6) or more consecutive calls without the

Theatre’s authorization, the Theatre may terminate the Artist’s ESCA Engagement

Contract effective immediately without any further payment.

60:00 MILITARY SERVICE OR JURY DUTY BOTH

If the Artist is called to report for military service or jury duty, the Artist may terminate their ESCA

Engagement Contract without penalty by giving the Theatre as much notice as the

circumstances will permit. The Theatre agrees to pay the Artist's return transportation, and the

Artist shall not be obligated for the payment of the transportation of their successor.

61:00 STAGE MANAGEMENT

Preamble BOTH

All personnel engaged to fulfil Stage Management duties shall be hired as

independent contractors of the Theatre and must be contracted under the terms of

the ESCA. Equity and The Second City, Inc. will consider it to be a breach of the

ESCA if the Theatre uses non-Equity personnel to fulfil Stage Management duties as

herein defined.

61:01 Equity Stage Management BOTH

The Theatre agrees that it will engage only existing Equity Stage Managers for all

Stage Manager positions on its staff. Equity will provide on request a current and up-

to-date list of Stage Managers who have informed Equity that they are available for

work. However, the Theatre shall not be obliged to engage a Stage Manager whom

the Theatre judges to be incompatible with its needs. A person who is not already a

member of Equity may be engaged as a Stage Manager with the written permission

of Equity provided that the Theatre has publicly advertised the job, and conducted a

search for, and considered existing Stage Manager members. Advertising will include

the Theatre’s website and/or sphere of social media pages and will also post on

Equity’s e-drive.

61:02 Script Changes BOTH

After the Press Opening, the Stage Manager shall be responsible for ensuring that

both the Director and the Theatre are made aware of any significant script changes

or proposed changes. The Stage Manager shall also provide Understudies with any

script changes as required.

61:03 Contractual Obligations Requiring Stage Manager's Assistance BOTH

The Theatre will make its best efforts to inform the Stage Manager of any contractual

obligations the Theatre has made which will directly affect the Stage Manager's

engagement or will require the Stage Manager's assistance in ensuring compliance.

Such contractual obligations may include dressing room assignments or contracted

days off.

61:04 Consultation on Selection of Stage Management Personnel MAIN

Whenever possible, the Stage Manager position shall be filled prior to the Apprentice

Stage Manager. The Stage Manager shall have input in the selection of the Apprentice

Stage Manager on a production if applicable.

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61:05 Stage Management Staffing Formulae BOTH

The Theatre will engage sufficient personnel to ensure the safe and efficient running

of a production.

(A) Requirements BOTH

There shall be at least one (1) Stage Manager for each Revue or TourCo

Company.

(B) Assistant Stage Managers BOTH

There shall be no requirement to engage an Assistant Stage Manager for any

production mounted under the ESCA.

The Theatre may choose to engage an Apprentice Stage Manager for any

Mainstage Revue. The selection of an Apprentice Stage Manager shall be

made jointly by the Stage Manager for the Revue and the Theatre.

61:06 Pre-Production Preparation

(A) Term of Engagement – Mainstage MAIN

All Stage Managers shall be engaged for one (1) day prior to the

commencement of Process unless the Theatre and the Artist agree that the

period is not required or the Stage Manager is currently under contract for the

Theatre on the Mainstage Revue in performance. The daily remuneration for

a Stage Manager not already under contract shall be no less than one-quarter

(1/4) of the week's contractual fee.

(B) Term of Engagement – Touring Company TourCo

The Stage Manager on a TourCo production shall be engaged for no less than

one (1) day of preparation time prior to the first company call for which they

are Stage Manager. Such a day shall be paid at one hundred twelve percent

(112%) of their performance fee. This day need not be immediately prior to

the first company call, but may not be more than seven (7) days prior.

Where a replacement Stage Manager will be taking over during Process, the

replacement Stage Manager shall be engaged with no fewer than three (3)

days overlapping the out-going Stage Manager.

Where the replacement Stage Manager will be taking over following the official

Press Opening, the replacement Stage Manager shall be engaged for no

fewer than two (2) days overlapping the out-going Stage Manager.

(D) Apprentice Stage Managers MAIN

There shall be no requirement for pre-production preparation time for an

Apprentice Stage Manager.

61:07 Additional Benefits BOTH

Where an Artist has been engaged by the Theatre under the terms of Article 61:00,

for no less than sixteen (16) weeks in duration, or a minimum of two (2) contracts

spanning sixteen (16) weeks in total, they may be eligible for additional employee

benefits that the Theatre provides to its seasonal, or if applicable, full-time employees

who are not subject to a collective agreement. These benefits may include but are not

limited to insurance coverage, RRSP contributions in excess of a three percent (3%)

management contribution, and additional vacation increments.

61:08 Apprentice Stage Managers MAIN

It is acknowledged that an Apprentice Stage Manager position is a training position

and is not to replace the need for additional stage management staffing.

An Apprentice Stage Manager may, unless otherwise provided for in the ESCA, be

engaged under terms and conditions outside the ESCA, and may not be required to

tour. Equity agrees to consider any request from a member of a professional

performing artists' association or union for permission to register as an Apprentice.

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(A) Registration MAIN

For each Apprentice, the Theatre shall file an Apprentice Stage Manager

Registration Form signed by the Apprentice and stating that they are not now

and never have been a member of any performing artists' association or

union. The form shall be accompanied by a fee to be determined by Equity,

seventy-five dollars ($75.00) of which shall be paid by the Theatre, for each

revue for which the Apprentice has been hired.

(B) Maximum Number MAIN

There shall be no more than one (1) Apprentice Stage Manager engaged for

each Mainstage Revue.

The Theatre will endeavour to pay an Apprentice Stage Manager a fee

commensurate with the work they are responsible to undertake, but in no case

less than the applicable provincial minimum wage.

(D) Hours of Work MAIN

An Apprentice Stage Manager shall not be required to work hours in excess

to those hours worked by other Stage Management personnel.

(E) Length of Engagement MAIN

There shall be no maximum length of engagement for an Apprentice Stage

Manager, however, an Apprentice must be engaged at least two (2) weeks up

to and including the official Press Opening and may not participate in more

than one (1) Process under a single apprenticeship.

61:09 Prohibited Duties BOTH

Equity members of the Stage Management staff are not permitted to accept

responsibility for:

(A) Fulfilling Duties of Union Members BOTH

Fulfilling the duties of union members whenever members of unions are

engaged for a production.

(B) Fulfilling Duties of Theatre Management BOTH

Negotiating contracts, having riders signed or initialled, negotiating salaries or

carrying out any other function which is normally the duty of the Theatre.

Under no circumstances shall Stage Management personnel be required to

execute the above functions on behalf of the Theatre with other Equity

members. This does not preclude delivery of contracts and/or riders in a

sealed envelope addressed to the individual Artist.

Signing or posting the closing notice of a company or the individual notice of

an Performer or any other member of a company.

(D) Building Maintenance BOTH

Doing building maintenance, janitorial, or custodial work. This does not

preclude the usual maintenance of rehearsal halls and stages as may be

considered in some Theatres to be part of Stage Management duties to be

completed during preparation time.

(E) Payroll BOTH

Doing the payroll or distributing payments (including but not limited to fees

and expense allowances) except where such payments are delivered in a

sealed envelope addressed to the individual Artist. In matters of finances, the

Stage Manager is personally responsible only for items purchased out of their

petty cash budget. The Stage Manager should, however, keep the Theatre

informed of developments that may involve unexpected major expenses.

(F) Serving Meals BOTH

Serving meals for the Performers. At the discretion of the Stage Manager,

Stage Management personnel may order and/or obtain meals for the

Performers, but shall not assume any personal financial commitment in this

regard.

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61:10 Understudying and Performing BOTH

A Stage Manager may not understudy a Performer. However, a Stage Manager may

perform in no more than one (1) scene in a production with no more than five (5) lines

of dialogue with an additional payment of not less than the fee below. The Stage

Manager shall not be required to perform as a condition of engagement and should a

replacement Stage Manager decline to perform, the scene shall be altered to

accommodate the Artist.

2023-2025

2023 2024 2025

Weekly Minimum $8.16 $8.32 $8.49

61:11 Duties and Responsibilities of Stage Management BOTH

In addition to those duties detailed in Article 33:00, the duties and responsibilities of

Stage Management personnel are defined within this Clause, unless other or

additional duties are agreed to by a rider at the time of contracting.

(A) Discretion in Organization of Work BOTH

The Theatre recognizes that the Stage Manager holds a position of

supervisory responsibility and, as such, may exercise discretion in arranging

their own work. Such discretion shall be exercised by the Artist, after

consultation with the Theatre's designated representative. The Artist cannot

be held responsible for any overtime which may arise through circumstances

beyond their control.

(B) Organization of Rehearsals and Performances BOTH

The Stage Manager shall organize and supervise all rehearsals and

performances, and endeavour to uphold the terms of the ESCA, the

requirements of Equity's Constitution, Bylaws and any regulations governing

its membership, and any management rules and regulations not in conflict

with the ESCA and to consult with the Liaison and the Theatre's designated

representative where necessary.

In accordance with the requirements of the Theatre, the Director, and the

terms of this Agreement, the Stage Manager shall be responsible for the

calling of all rehearsals, whether before or after Press Opening, and for the

scheduling of other company or individual calls related to a production.

(D) Scheduling Set-Ups, Strikes, Load-Ins and Load-Outs TourCo

The Stage Manager shall schedule and control set-ups, strikes, load-ins and

load-outs if required by the Theatre.

(E) Co-ordination and Communication BOTH

The Stage Manager shall work with the Director and co-ordinate and

communicate with the heads of all other departments during process, while

on tour and after Press Opening.

(F) Scene Change Rehearsals and Cueing Sessions BOTH

The Stage Manager shall be present at all scene change rehearsals and

cueing sessions for the production that will come under the supervision of

Stage Management during rehearsals or performances. For the purpose of

this Clause, a cueing session shall include any period of time during which

the Director and designer are building cues, “looks”, or potential cues for a

production onstage.

(G) Running Order and Cue Sheets BOTH

The Stage Manager shall create and maintain the running order of the show

to be posted backstage as well as any required cue sheets. The Stage

Manager will submit this paperwork to the Theatre at the end of the run of the

production or as requested by the Theatre.

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(H) Maintenance of Artistic and Technical Intentions BOTH

The Stage Manager shall maintain, to the best of their ability, the artistic and

technical intentions of the Director, Theatre and designers after Press

Opening and, upon approval of the Theatre, shall call rehearsals when

necessary, and shall prepare Understudies or replacement cast members

when or if the Director or Theatre is unavailable or declines this prerogative.

(I) Show Reports BOTH

During the rehearsal period or process, the Stage Manager shall

communicate with the Theatre's designated representative about running

times and any problems in the artistic or technical elements of the production.

During performance this communication must be written and filed with the

Theatre's representatives (up to seven (7) representatives as designated by

the Theatre, and on the request of the Theatre, the Director of the production)

in the form of a daily show report. Additionally, Equity may request, with a

reasonable cause, a copy of the daily show report. Such request will not be

unreasonably withheld.

The Stage Management show report shall be treated as confidential.

Nevertheless, when an Artist receives a reprimand or complaint from the

Theatre based on the report, the Artist has the right to access any portion of

the report which may have been the basis for the reprimand or complaint, and

the Stage Manager shall be so informed immediately.

(J) Record-Keeping BOTH

The Stage Manager shall keep such records as may be necessary to advise

the Theatre, the Liaison and/or Equity on matters of company discipline and

other business related to the rights and obligations of Artists, such as, but not

limited to, attendance, overtime, meal breaks, costume and photo calls,

working environment health and safety.

(K) Health and Safety BOTH

The Stage Manager shall keep such records as are necessary and take all

necessary precautions to see that safe and clean conditions exist both on

stage and backstage as well as in rehearsal halls, and shall immediately

advise the Theatre's designated representative and Equity if the health and

safety provisions of the ESCA are not being maintained.

(L) Physical Welfare of Company Members BOTH

In the absence of a company manager, the Stage Manager shall be prepared

to assist and advise members of the company on matters relating to their

physical welfare, and to this end shall, among other things, see that first aid

supplies, listings of emergency services and medical advisors, and insurance

and accident report forms are provided to the Artists.

(M) Dressing Area BOTH

The Stage Manager has the authority to keep the Performers' dressing area

free of all unnecessary personnel during any half-hour call or intermission.

(N) Backstage Area BOTH

During performances, the Stage Manager is in sole charge of the backstage

area. In addition, the Stage Manager is in charge of cueing the movement of

all scenic elements, technical elements, and Performers.

This Clause does not preclude the Music Director from operating sound cues

as required.

(O) Collection of Valuables BOTH

The Stage Manager shall implement provisions made by the Theatre for the

security of personal property and notify the Theatre's designated

representative when security provisions for Artist's valuables are not available

or operable.

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61:12 Other Duties BOTH

As the duties of Stage Management may differ from theatre to theatre, it is required

that the Theatre discuss these duties with the Stage Management personnel prior to

signing the contract. Any other duties than those previously defined herein shall be

contracted separately in writing and included as a rider to the contract. The Stage

Manager and the Theatre shall be free to negotiate additional compensation for such

other duties. This does not preclude Stage Management personnel from performing

other duties in an emergency.

The Stage Manager may, at their own discretion, use preparation time to accomplish

such other duties as long as they do not interfere with the regular preparation duties.

If these other duties cannot be accomplished within the regular work hours and/or

during the preparation hours, then regular overtime shall apply, and confirmation of

this requirement shall be included in the rider to the Artist’s contract.

Such other duties include, but may not be limited to, the following:

(A) Laundry Duties MAIN

Any situation where Equity Stage Management personnel, in the absence of

wardrobe personnel, is responsible for the collecting, washing, drying, ironing

and/or maintenance of any costumes worn by a Performer.

(B) Wig Maintenance BOTH

Any situation where Equity Stage Management personnel, in the absence of

a hair stylist, is responsible for the setting, cleaning and general maintenance

of any wig or hair piece worn by a Performer.

Any situation where Equity Stage Management personnel is responsible for

the repair and purchase of properties.

(D) Running Props/Purchase and Preparation BOTH

Any situation where Equity Stage Management personnel, in the absence of

a technician or props department, is responsible for the purchase and/or

preparation of food and beverage items for a production which require

extraordinary preparation time.

(E) Operating and/or Maintaining Pyrotechnics and Practical Guns BOTH

Provided that the Artist is appropriately trained and legally certified to operate

and/or maintain pyrotechnics (pursuant to the Explosives Act), and firearms

and replicas (pursuant to the Firearms Act), the Artist may be engaged to

accept such responsibility.

(F) Typing Scripts BOTH

Any situation where Equity Stage Management personnel is responsible for

the typing of a full script or script changes on a daily basis.

61:13 Lights and Sound Operation BOTH

The Theatre may require the Stage Manager to operate lighting and/or sound boards.

It is understood that this operation is considered to be included in the Stage Manager’s

Minimum Contractual Fee. Furthermore, due to the changing nature of performances,

the Stage Manager may be required to create, amend and adjust basic lighting and/or

sound cue as required, particularly in the later part of Process for a Revue, and such

additional work is included in the Mainstage Stage Manager’s Process Week Four (4)

to Eleven (11) Minimum Contractual Fee.

When the Theatre does not engage a Lighting or Sound Designer for a Production or

Revue and these duties rest solely upon the Stage Manager, these roles shall be

remunerated at no less than fifteen-hundred dollars ($1,500) for a Mainstage

production and five hundred dollars ($500) for an in-house TourCo Production.

61:14 Production Meetings MAIN

The Stage Manager is required to attend all scheduled production meetings which

involve the discussion of elements of the production which directly affect the duties

and responsibilities of Stage Management.

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(A) Outside Rehearsal/Preparation Time MAIN

Production meetings requiring the attendance of Stage Management

personnel outside the regular rehearsal hours and/or preparation time limits

may not exceed a one (1) hour session within an engagement week.

Meetings in excess of these limits will require the payment of overtime where

the Theatre requires the Stage Management personnel to remain. Such

overtime must have the prior authorization from the Theatre's designated

representative.

(B) After an On-Stage Rehearsal MAIN

Any meetings held at the conclusion of an on-stage rehearsal which involve

the discussion of elements of the production which directly affect the duties

and responsibilities of the Stage Manager shall be designated a production

meeting. Such meetings must commence no later than fifteen (15) minutes

after the release of the Performers.

61:15 Stage Management Working Day BOTH

A Stage Management working day begins with the first stage management activity of

the day and ends with the completion of the final Stage Management activity of the

day. The activity may be preparation, cueing, a Performers rehearsal call, travel, a

meeting or any other Stage Management call.

The Stage Management working day comprises the allowable rehearsal hours and/or

performance hours plus preparation allowances per Clause 61:16.

The above limits are increased by the time of production meetings, as provided for by

Clause 61:14.

61:16 Preparation Time MAIN

The nature of Stage Management duties and responsibilities involves additional

preparation time before and after each rehearsal and performance. It is also

recognized that Stage Management personnel will have varied degrees of experience

and personal approaches to their work. Therefore, the length of time required for

preparation will also vary. However, it is the intention of this Clause to allow what is

considered to be a reasonable time period to accomplish the preparation work, and is

not intended to allow for overtime payments that may occur as a result of the particular

style of the Stage Management personnel.

Preparation time is separate from the half-hour call and any allowable rehearsal

hours. Preparation time is not transferable to another day.

The following are the maximum hours an Artist may be required to work:

(i) Rehearsal Only Day MAIN

On a day with only rehearsal, seven (7) out of eight-and-a-half (8-1/2) hours

of rehearsal plus a combined total of one-and-a-half (1-1/2) hours of pre- and

post-rehearsal work.

(ii) Performance Only Day (One and Two-Show Days) MAIN

On a day with only one (1) or two (2) performances:

(a) Arrive up to one (1) hour before half-hour call

(b) Performance

(d) During process, depart no later than one (1) hour after curtain down

(e) On a two (2) show day there must be a minimum of a one (1) hour

meal break between show calls

(iii) Rehearsal then Performance Day MAIN

On a day with a rehearsal followed by a performance:

(a) Arrive up to one (1) hour before rehearsal

(b) One (1) continuous rehearsal call of not more than five (5) hours

(d) Arrive up to one (1) hour before half-hour call

(e) Performance

(f) Depart no later than thirty (30) minutes after curtain down

Equity Second City Agreement 2023 - 2025 | Page 74

(g) During process, depart no later than one (1) hour after curtain down

(iv) Performance then Rehearsal Day MAIN

On a day with a performance followed by rehearsal:

(a) Arrive up to one (1) hour before half-hour call

(b) Performance

(d) Meal Break of not less than one-and-a-half (1-1/2) hours

(e) Arrive up to one-half (1/2) hour prior to rehearsal

(f) One (1) continuous rehearsal call of not more than five (5) hours

(g) Depart no later than one-half (1/2) hour after rehearsal.

Where Stage Management personnel and the Theatre agree that additional

preparation time beyond these limits is necessary to affect the efficient running of the

rehearsals/performances, then the preparation time may be extended by a negotiated

rider to the contract. Any overtime incurred by extending the preparation time beyond

the above limits, or any other limit previously agreed upon, must be approved by the

Theatre's designated representative prior to being incurred.

61:17 Stage Management Overtime

(A) Approval BOTH

Any overtime incurred by extending the preparation time beyond the limits set

out in Clause 61:16 or any other limit previously agreed upon, and any

overtime which would result from other Stage Management scheduling

decisions, must be approved by the Theatre's designated representative.

If the Theatre's designated representative is not available for such approval,

and the working of such overtime is paramount to safety, travel schedule or

the efficient running of the production, such overtime may be approved at the

discretion of the Stage Manager, in which case the Stage Manager shall

inform the Theatre's designated representative of such overtime in a timely

fashion.

(B) Reporting BOTH

All overtime claims shall be submitted to the Theatre for payment within one

(1) week of such overtime having been incurred.

Once the overtime claim has been received by the Theatre, payment is due

in the week following.

Overtime claims not disputed by the Theatre and in arrears of more than one

(1) month are subject to a one percent (1%) late charge per month.

Equity may request and within a reasonable timeframe receive any Stage

Management time sheets for weeks during which overtime was claimed.

Except as otherwise specified elsewhere in this Agreement, the regular

overtime rate shall be the amount stipulated in the chart below.

2023-2025

2023

2024

2025

Per Half Hour

$13.52 $13.79 $14.07

Except for as provided for elsewhere in the ESCA, all overtime must be

approved in advance by the Theatre's designated representative.

61:18 Vehicle Use BOTH

If Stage Management personnel are required to use their own vehicles to transport

goods or people for the Theatre, they will be compensated for mileage in accordance

with the rate stipulated below. Stage Management personnel must obtain permission

from the Theatre's designated representative before using their own vehicle for such

purposes.

2023-2025

Per Kilometre

$0.60.5

Equity Second City Agreement 2023 - 2025 | Page 75

61:19 Stage Management Email Addresses and Use of Personal Computers and

Phones

(A) Email BOTH

The Theatre shall provide Stage Management staff with a Second City email

account to use for the duration of an engagement.

(B) Computer Access BOTH

All Stage Managers shall have access to a reasonably new working computer

or laptop to complete stage management duties throughout the engagement

period. Should the Theatre be unable to supply the above, the Theatre may,

at the Artist’s discretion, ask the Stage Manager to use their personal

computer or laptop at a rental fee of not less than stipulated below per week,

and the item shall remain the property of the Artist for the duration of the rental.

The negotiated terms of the rental shall be included in a rider to the Artist’s

ESCA Engagement Contract.

2023-2025

2023 2024 2025

Weekly Minimum $20.40 $20.81 $21.23

The nature of any anticipated costs to the Artist for cell phone usage while on

tour or while working in locations without free Wi-Fi shall be negotiated and

agreed upon prior to the signing of the Artist’s ESCA Engagement Contract.

It is the spirit of this Clause that the Artist will not be out of pocket for cellular

expenses over and above their regular monthly bill as a result of completing

their stage management duties.

61:20 Emergency Replacement

(A) Mainstage MAIN

An Artist not under an ESCA Engagement Contract to the Theatre replacing

a Mainstage Stage Manager who is absent due to illness, injury, or some other

emergency not related to the Theatre, shall be signed to an ESCA

Engagement Contract and paid not less than two-sixths (2/6ths) of the

applicable minimum weekly fee per performance and partial week payments,

plus double overtime if any rehearsals are required or alternatively contracted

on a standard ESCA Engagement Contract - choice to be made by the

Theatre.

(B) Touring Company TourCo

An Artist not under an ESCA Engagement Contract to the Theatre replacing

a TourCo Stage Manager who is absent due to illness, injury, or some other

emergency not related to the Theatre, shall be signed to an ESCA

Engagement Contract and paid not less than two hundred percent (200%) of

the applicable performance fee per performance and partial week payments,

plus double overtime if any rehearsals are required or alternatively contracted

on a standard ESCA Engagement Contract - choice to be made by the

Theatre.

61:21 Stage Management Understudy Assignment TourCo

A Stage Manager engaged for the Touring Company may be contracted to understudy

the Mainstage Stage Manager provided this understudy assignment is negotiated in

a rider to the Artists ESCA Engagement Contract.

(A) Payment TourCo

An Artist shall be paid an amount of not less than three sixteenths (3/16) of

the minimum weekly Mainstage fee for the first three (3) times that they

perform an understudy track in an Engagement Week and not less than one

eighth (1/8) of the minimum weekly Mainstage fee for the fourth (4th) through

eighth (8th) performance in an engagement week. These payments shall

appear in the remittance paperwork and shall be subject to standard

deductions.

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(B) Insurance Premium TourCo

Any TourCo Artist who understudies a Mainstage Stage Manager for six (6)

or more performances in an engagement week shall have the Mainstage

Insurance premium deducted and remitted for that week.

62:00 DIRECTORS AND CHOREOGRAPHERS

62:01 Contract Requirements

(A) Terms and Conditions BOTH

Directors and Choreographers must be engaged according to terms and

conditions no less favourable than those set out in this Agreement. Directors

and Choreographers who are not members of Equity and not members of

another performing arts union or association shall not be required to join

Equity, but all Directors and Choreographers must sign an ESCA

Engagement Contract.

(B) Non-Member Other Affiliation BOTH

A person who is not a member of Equity, but who is a member of another

performing arts union or association, shall be signed to an ESCA Engagement

Contract and become a member of Equity for the duration of their

engagement.

The hiring of a Choreographer shall be at the sole discretion of the Theatre

except as provided for in Clause 62:09 (B).

62:02 Completion of Contract MAIN

The Director or Choreographer's contract shall be completed at the end of the day of

the official Press Opening. Should the Director or Choreographer be required for work

after this time, the rates stipulated below shall apply in addition to the applicable

Insurance Top-Up.

62:03 Giving Notes During the Performance Run BOTH

The Director or Choreographer shall, at their own choice, have the option to give notes

electronically to the Performers during the performance run provided that they copy

the Theatre and convey the notes through the Stage Manager to the Performers and

the notes are given during allowable rehearsal hours.

62:04 Direction or Choreography Altered BOTH

Given the improvisational nature of the Theatre’s work Artists may alter the direction

or choreography after Press Opening. Where the Director or Choreographer does not

agree with the changes made, they shall have the option of having their name

removed from programs and publicity materials produced subsequent to the notice to

remove the Director or Choreographer’s name.

62:05 Duties of a Director

(A) Rehearsals BOTH

The Director shall conduct rehearsals, appear promptly for all scheduled

rehearsals, respect the physical property of the production, theatre and place

of rehearsals, conduct rehearsals in a manner that does not violate of any

terms of the ESCA, abide by particular artistic policies of the Theatre, and

generally fulfil the artistic planning and production contributions commonly

within the scope of the functions of the Director.

(B) Meetings and Consultations BOTH

The Director shall be available for such meetings and consultations as are

required by the Theatre, particularly with designers and the Theatre's

production personnel. Such meetings and consultations shall be agreed to in

advance and included in the ESCA Engagement Contract, or, after signing, in

a rider thereto, and must be specific as to dates, times, locations, and

remuneration of travel and accommodation expenses.

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(i) Before Signing BOTH

Before agreeing to direct a production, a Director has the right to

knowledge of, but not approval of, the following production

arrangements: the name of the Stage Manager and plans for crewing

of the proposed production; the proposed production budgetary

limitations in some detail, and any change made in these limitations

as soon as they are made; planned rehearsal production schedules,

and the availability of all Performers to rehearse; the proposed length

of run of the production; and any casting and design decisions, and

any particular artistic policies of the Theatre.

(ii) After Signing BOTH

Subsequent to the engagement of the Director, decisions regarding

production and rehearsal schedules, casting, designer, scenery,

lighting and costuming will be made in consultation with the Director

in person, by email or by telephone if the Director is readily available

for such consultation.

(iii) After Opening MAIN

After the Press Opening of the production, the work of the Director

(including cast replacements) shall not be changed or deleted by the

Theatre unless:

(a) required by emergency; or

(b) the physical conditions of the theatre necessitate change

and/or deletions; or

first consulted with respect to the proposed changes. In the

event that the Director does not respond to the Theatre’s

request for consultation within forty-eight (48) hours the

Theatre may alter the work as required without penalty.

The Director agrees to promote the production and may make reasonable

publicity appearances and participate in radio, television and press interviews

for that purpose. In addition, the Director shall be generally supportive of the

Theatre's interest during the term of their contract.

62:06 Duties of a Choreographer

(A) Rehearsals BOTH

The Choreographer shall conduct dance rehearsals, appear promptly for all

scheduled rehearsals, respect the physical property of the production, theatre,

and place of rehearsal, conduct rehearsals in a manner not in violation of any

terms of the ESCA, abide by particular artistic policies of the Theatre, and

generally fulfil the artistic planning and production contributions commonly

within the scope of the functions of the Choreographer.

(B) Meetings and Consultations BOTH

The Choreographer shall be available for such meetings and consultations as

are required by the Theatre, particularly with the Director and Music Director.

Such meetings and consultations shall be agreed to in advance, and included

in the ESCA Engagement Contract, or after signing, in a rider thereto, and

must be specific as to dates, times, locations, and remuneration of travel and

accommodation expenses.

The Choreographer agrees to promote the production and may make

reasonable personal publicity appearances and participate in radio, television,

and press interviews for that purpose. In addition, the Choreographer shall be

generally supportive of the Theatre's interests during the term of their contract.

Equity Second City Agreement 2023 - 2025 | Page 78

62:07 Royalties

(A) Requirement For Royalty - Mainstage MAIN

Directors for Mainstage Revues shall receive royalty payments beginning with

the week of the official Press Opening and concluding the week prior to the

beginning of a new process.

(B) Amount of Royalty MAIN

The negotiated royalty shall be not less than ten percent (10%) of the Artist’s

negotiated contractual weekly fee for each week containing at least one (1)

performance. The negotiated royalty shall appear on the Director’s ESCA

Engagement Contract.

Royalty payments shall appear on the Remittance Spreadsheet and shall be

subject to standard deductions.

(D) Choreographers MAIN

Royalty payments shall not apply for Choreographers unless a royalty has

been specifically negotiated and is contained in a rider to the Artist’s ESCA

Engagement Contract.

62:08 Custom of the Trade BOTH

The Director or Choreographer's contribution to the production may be seen to be

represented in part by tangible records and recordings of the production, and

therefore the Director or Choreographer as a contributor to the production has the

right of reasonable access to such records. Any costs incurred under this

determination shall be borne by the Director, Choreographer or their representative.

62:09 Multiple Assignments

(A) Stage Managing BOTH

No Director or Choreographer shall stage manage the production which they

are directing.

(B) Choreographing BOTH

A Director who is required to choreograph a dance sequence or sequences

of a combined total of more than forty-five (45) seconds shall be paid not less

than seventy-five percent (75%) of the Choreographer minimum Daily

Engagement rate for the Touring Company for each day that choreography is

set. This shall be stated in a rider to the Artist’s ESCA Engagement Contract

and standard deductions shall apply. Royalty payments under Clause 62:07

shall not apply in this situation.

62:10 Assistant Directors and Assistant Choreographers

(A) Requirement for Engagement Contract MAIN

The execution of an insurance only ESCA Engagement Contract is required

for all Assistant Directors or Assistant Choreographers. There are no specific

minimum fee requirements in the ESCA for Assistant Directors or Assistant

Choreographers; however, insurance deductions will apply for both Equity

members and for non-members.

(B) Emergency Replacement of Director or Choreographer MAIN

It is the essence of the ESCA that the Director or Choreographer shall be

available to attend rehearsals. Except in the case of an emergency which

necessitates the Director or Choreographer’s absence of one (1) week or less,

the Assistant Director or Assistant Choreographer may not be required to

rehearse a production unless they have been contracted as a Director or

Choreographer under terms and conditions to be agreed to by Equity, such

agreement not to be unreasonably withheld.

Equity Second City Agreement 2023 - 2025 | Page 79

62:11 Training and Professional Development MAIN

In the interests of the training and professional development of Canadian Directors

and Choreographers, whenever a non-Canadian (or Permanent Resident in Canada)

is engaged as a Director or Choreographer, a Canadian member of Equity shall be

offered a position as Assistant Director or Assistant Choreographer. In the event that

a Canadian Equity member is not engaged as an Assistant Director or Assistant

Choreographer, Equity may request a list of members who were offered and declined

the position.

63:00 FIGHT DIRECTORS

63:01 Mainstage MAIN

Should the Theatre at any time be required to engage a Fight Director for a Mainstage

Revue, said engagement shall be done under all terms and conditions of Article 61:00

Fight Directors of the Independent Theatre Agreement and Company Category A+ to

D rates shall be applicable.

63:02 Touring Company TourCo

Should the Theatre at any time be required to engage a Fight Director for a TourCo

production, said engagement shall be done under all terms and conditions of Article

61:00 Fight Directors of the Independent Theatre Agreement and Company Category

E to G rates shall be applicable.

64:00 INTIMACY DIRECTORS BOTH

A production may contain scenes with intimacy that the Theatre or Artists may determine require

special expertise to ensure the comfort, well-being and safety of those involved. If, at any time,

an Artist in a production or revue wishes to have an Intimacy Director made available to them,

the Artist and the Theatre will engage in consultation about if, when, and how an Intimacy

Director will be engaged, and the Theatre will decide how best to proceed.

Notwithstanding the above, a minimum of twice annually the Theatre will engage an Intimacy

Director to conduct a workshop with the Artists during regular rehearsal hours. It is expected

that the Artists under contract at the time of the workshop will attend.

Should the Theatre make the determination to engage an Intimacy Director for such a

production, they shall be engaged under the terms and conditions of Article 64:00 Intimacy

Directors of the Independent Theatre Agreement. For Mainstage, Company Category A+ to D

rates shall be applicable and for TourCo, Company Category E to G rates shall be applicable.

65:00 TERM OF AGREEMENT BOTH

The ESCA becomes effective on January 2, 2023 and expires after 11:59 p.m. on January 4,

2026.

Equity Second City Agreement 2023 - 2025 | Page 80

APPENDIX I SIDE LETTER RE: TOURCO CLAUSES

The Clauses found in this Agreement designated “TourCo” shall be in effect from January 2,

2023, to January 4, 2026.

The Second City, Inc. and Equity agree to meet prior to the expiry of these clauses and fees to

reassess their effectiveness and to discuss any necessary changes to or extension of the

clauses to the end of the current agreement. This meeting need not be an in-person meeting.

APPENDIX II SIDE LETTER RE: PERFORMANCE SCHEDULE

This side letter shall be in effect until January 4, 2026.

The Second City, Inc. and Equity agree to meet prior to the expiry of this side letter to reassess

its use and to discuss any necessary changes to or extension of the sideletter to the end of the

current agreement. This meeting need not in person.

After the first three (3) Engagement Weeks following the Press Opening of a Mainstage Revue,

with at least three (3) weeks’ notice, the Theatre may reduce the Artists’’ weekly contractual fee

to no less than fifty percent (50%) of the negotiated fee by also reducing the number of

performances a week to no more than four (4). Should the Theatre wish to schedule additional

performances in an Engagement Week up to a total of eight (8), the Artist shall be paid an

additional one-eighth (1/8) of their original Contractual Fee for each of these performances.

For Revues which are on the Mainstage, but are programmed specifically to supplement the

Mainstage programming, the above reduction may occur any time following the Press Opening

with the approval of Equity which shall not be unreasonably withheld.

When the Theatre elects to use this Clause, any available rehearsal calls must occur on a day

on which the Artist is scheduled to perform.

No reduction in salary may be made when only one (1) Revue is running on the Mainstage.

2023-2025

ESCA

National Office

44 Victoria Street, 12th Floor

Toronto, ON M5C 3C4

Tel: 416-867-9165

TF: 1-800-387-1856

Email: [email protected]

Western Office

Tel: 604-809-1046

Email: [email protected]

www.caea.com

Toronto Mainstage

One York Street

100 Harbour St

Toronto, ON M5J 0B6

Tel: 416-343-0011