2017 agreement and form - Stage Directors and Choreographers

Please read the following Tier Agreement
carefully. The Tier Contract Form appears
at the end of this document. The Form will
calculate the correct Tier automatically
when the criteria are entered.
Please submit executed CONTRACT FORMS to:
SDC
321 West 44th Street, Suite 804
New York, NY 10036
Please submit PENSION & HEALTH CONTRIBUTION
PAYMENTS to:
Benserco, Inc.
140 Sylvan Avenue, Suite 303
Englewood Cliffs, NJ 07632
Revised 7/26/16
Page 1
321 West 44th Street, Suite 804
New York, NY 10036-5477
TEL: 212.391.1070 FAX: 212.302.6195
www.SDCweb.org
SDC TIER AGREEMENT
Effective January 1, 2017
I.
RECOGNITION
The Employer agrees to recognize Stage Directors and Choreographers Society, Inc. (“SDC”)
as the exclusive representative of all SDC Member Directors and Choreographers (Artist)
hired by the Employer for the purposes of the administration of matters within the scope of
this Agreement.
For all subsequent productions produced by the Employer for which an SDC member is hired,
the Employer shall be bound by this Agreement unless otherwise agreed to in writing
between the Employer and SDC.
II.
GENERAL PROVISIONS
(A) No Employer may make any representation regarding the engagement of the Artist
unless negotiations for an agreement for his/her services have been completed.
(B) The Form Contract, attached hereto, must be used by the Employer for the
employment of any SDC Member Director and/or Choreographer under this
Agreement. The Employer and the Artist must each file a copy of the fully executed
contract with SDC prior to the first rehearsal.
(1)
No Artist will be permitted to commence rehearsals until the signed Individual
Employment Agreement (“Form Contract”) is filed with SDC. Employer must
inform SDC of the date, time and place of the first rehearsal, and a
representative of SDC shall have the right to attend such rehearsal.
(C) The applicable provisions of this Agreement shall be deemed incorporated into the
individual contract of employment between the Employer and the Artist. The
Employer, SDC, and the individual Artist shall each be bound thereby.
(D) Nothing contained in this Agreement shall be construed to prevent any Artist from
negotiating with and obtaining from the Employer any better terms and conditions
than are provided for in this Agreement without limitation.
(E) The Employer agrees that reduction by any Artist of any of the terms of this Agreement
shall not be effective unless the written consent of SDC is first obtained.
(F) This Contract is not applicable for any Production in New York City in a theatre of 100
seats or more OR for any commercial production outside of New York City in a theatre
of 100 seats or more without the express permission of SDC.
(G)Any additionally negotiated terms or compensation shall be set forth on a Rider to the
Form Contract and attached to each copy.
Revised 7/26/16
Page 2
321 West 44th Street, Suite 804
New York, NY 10036-5477
TEL: 212.391.1070 FAX: 212.302.6195
www.SDCweb.org
III.
TIER PLACEMENT
Theaters/Employers will be placed, with SDC approval, in the appropriate Tier. A
Theatre’s tier will be determined by the “average tier” based on the following three
criteria:
TIER
CAPACITY
Tier 1
Tier 2
Tier 3
Tier 4
Tier 5
Tier 6
Tier 7
Less Than 100
101-150
151-199
200-299
300-399
400-499
500+
TOP TICKET PRICE
# OF PERFORMANCES
$20 or Less
$21-25
$26-29
$30-39
$40-49
$50-59
$60+
10 or Less
11-20
21-24
25-29
30-34
35-39
40+
If any of the criteria changes prior to or during the run of the production, causing the
production to move to a new Tier, the new rates shall be subject to retroactivity. In no
event shall a Director and/or Choreographer’s original compensation, health or
pension amounts be decreased.
IV.
MINIMUM FEES
Tier
Tier 1
Tier 2
Tier 3
Tier 4
Tier 5
Tier 6
Tier 7
Director
Fee
Fee
Fee
Fee
Fee
Fee
Fee
not less than $ 300
not less than $1250
not less than $1850
not less than $2900
not less than $4000
not less than $5400
not less than $6800
Academic Tier A
Academic Tier B
Fee
Fee
Choreographer
Director/Choreographer
not less than $ 300
not less than $1000
not less than $1480
not less than $2320
not less than $3200
not less than $4320
not less than $5440
not less than $ 600
not less than $2250
not less than $3150
not less than $4930
not less than $6600
not less than $9100
not less than $12240
*Contact SDC
*Contact SDC
Payment Schedule: 1/3 upon signing the contract; 1/3 upon the first day of rehearsal;
1/3 upon first day of the last week of rehearsal.
Should a production be postponed, suspended or abandoned, the Director and/or
Choreographer shall be entitled to receive his/her fee as it is due, as specified in this
Article.
Revised 7/26/16
Page 3
321 West 44th Street, Suite 804
New York, NY 10036-5477
TEL: 212.391.1070 FAX: 212.302.6195
www.SDCweb.org
IV-A Short-Term Employment of Choreographers on NON-MUSICALS and Fight
Choreographers on MUSICALS and NON-MUSICALS
(A) Employers in Tiers 2-7 may employ a choreographer for a non-musical production
or a fight choreographer for a musical or non-musical production for 9 days or
fewer (which need not be consecutive). The minimum fee for each day or part
thereof shall be 10% of the applicable Tier fee for a Choreographer. Pension
contribution shall be 8% of the fee paid and a health contribution shall be paid
at 50% of the applicable Tier rate.
(B) For services required for 10 days or more, a full Choreographer contract shall be
filed at the applicable Tier rates.
V.
ROYALTIES/EXTENSION
Employer shall make a minimum payment of six percent (6%) of the contractual fee, for
each week of performance (pro-ratable based on 7 performances) beyond the
originally contracted closing date. In no case shall such payment be less than twelve
dollars ($12) per performance. Additional pension (8%) and health (8%) contributions
are due on any extension payments and must be paid as same accrues.
VI.
PENSION AND HEALTH
All pension and health contributions on behalf of the Director /Choreographer shall be
remitted to the following address:
BENSERCO, Inc.
140 Sylvan Avenue
Suite 303
Englewood Cliffs, NJ 07632
The Initial Pension and Health Contributions will follow the structure below and such
payment shall be due prior to the first day of rehearsal.
TIER
Tier 1
Tier 2
Tier 3
Tier 4
Tier 5
Tier 6
Tier 7
HEALTH
$250
$550
$675
$775
$925
$1050
$1200
PENSION
8% on all compensation
8% on all compensation
8% on all compensation
8% on all compensation
8% on all compensation
8% on all compensation
8% on all compensation
Pension and Health contributions on extensions/royalties shall be due as stated in Article
V above.
Revised 7/26/16
Page 4
321 West 44th Street, Suite 804
New York, NY 10036-5477
TEL: 212.391.1070 FAX: 212.302.6195
www.SDCweb.org
VII.
ELECTRONIC RIGHTS
Employer shall not film, televise, or otherwise reproduce any part of its production of the
play, or authorize or permit others to do so, without a separate written agreement with
the Artist and SDC.
VIII.
BILLING
(A) The Artist shall receive billing in all programs, houseboards and the show page of
Employer’s website. Such credit shall appear on a separate line and in an
agreed size, type and position on which no other credit shall appear. The
Employer shall also include the Artist’s biographical notes in the program.
(B) The Employer shall display the SDC logo in a conspicuous place in the program
along with the following credit: “The Director (or Choreographer or DirectorChoreographer) is a member of the Stage Directors and Choreographers
Society, a national theatrical labor union.”
IX.
PROPERTY RIGHTS
All rights in and to the direction/choreography conceived by the Artist in the course of
the rendition of his/her services hereunder shall be, upon its creation, and will remain
the sole and exclusive property of the Artist; it being understood, however, that
Employer shall have a perpetual and irrevocable license to use such property in any
stage production of the Play for which the Artist receives no less than the royalty
specified in the applicable SDC Agreement. Any additional use or license of the
property by Employer shall be subject to further agreement between Employer and the
Artist. The Artist reserves the right to copyright his/her direction/choreography.
X.
RIGHT OF FIRST REFUSAL
The Artist shall be given the right of first refusal to direct/choreograph the subsequent
production of the Play produced, co-produced or licensed by Employer. If the Artist
accepts such engagement, he/she shall receive no less than the fees and royalties
specified in the applicable SDC Agreement. If the Artist is not afforded such option to
direct/choreograph subsequent production of the Play, he/she shall receive a payment
of no less than two thousand ($2,000.00) dollars or fifty percent (50%) of the subsequent
fee, whichever is greater. This payment does not grant a license to use the Artist’s
Property Rights.
XI.
INDEMNIFICATION
The Employer shall indemnify, hold harmless and defend the Artist from any claim or
liability arising from his or her provision of services under this Agreement.
Revised 7/26/16
Page 5
321 West 44th Street, Suite 804
New York, NY 10036-5477
TEL: 212.391.1070 FAX: 212.302.6195
www.SDCweb.org
XII.
ARBITRATION OF DISPUTES
Any dispute hereunder shall be resolved by arbitration between the Employer and the
SDC on behalf of the Artist in the City of New York before an Arbitrator designated in
the SDC-LORT Agreement and otherwise pursuant to the applicable rules of the
American Arbitration Association.
XIII.
TERMINATION
No Director and/or Choreographer may be dismissed, except in the case of his or her
material breach of contract, without the full payment of all compensation due him/her
under the contract.
XIV.
DEFAULT
(A) Should any Theatre default in payments to or on behalf of a Director,
Choreographer or Director-Choreographer, SDC shall give prompt notice
thereof to the Theatre. Failure to cure the default within the guidelines of such
notification by SDC may result in: (i) a strike against the Theatre, preventing SDC
members to be employed in the future or (ii) requirement of the Theatre to post
a security bond for subsequent productions in which an SDC Member is
employed. Such bond amount shall be a sum of money satisfactory to SDC.
(B) If the default is cured and no further default occurs for twelve (12) months
following the posting of bond, the Theatre may apply to SDC to lift the bond
requirement, which application shall not be unreasonably denied.
Revised 7/26/16
Page 6
321 W 44th Street, Suite 804
New York, NY 10036-5477
TEL: 212.391.1070 FAX: 212.302.6195
www.SDCweb.org
Any reduction of any benefit or term provided under this Agreement shall render it invalid. SDC reserves the right to reject any contract
that does not meet the minimum terms.
This Agreement must be signed in quintuplicate. The Producer must file one copy with SDC prior to the first rehearsal. The Director,
Choreographer, Director-Choreographer must file one copy with SDC prior to the first rehearsal. Each party retains one copy. One copy
is for the agent or attorney of employee.
The following constitutes our Agreement:
1.
This agreement is entered into on the ____ day of _______________, 20___. Pursuant to all the terms and conditions set forth in the
Tier Agreement dated January 1, 2017 __________________________ (Employer), agrees to engage the services of
-_______________________ (Artist) as __________________________________
and he/she agrees to accept such engagement with
respect to the production of ________________________________________ (the Production). The services of the Artist shall be
rendered during rehearsals of the Production from _________________ through ____________________. The Production shall be
performed through _______________. The Employer recognizes Stage Directors and Choreographers Society, Inc. (SDC) as the
representative of the Artist.
Venue Name:_____________________________________________;
Venue Capacity________________;
Ticket Price Range: $___________ to $___________; # of scheduled performances____________________________:
0
TIER:_______________________
2.
Employer agrees to compensate Artist as follows:
COMPENSATION:
$_______________ Payment Schedule: 1/3 upon signing this contract; 1/3 upon first day of rehearsal;
1/3 upon first day of the last week of rehearsal.
3.
PENSION AND HEALTH: The Employer shall make Pension and Health contributions, based on its Tier, to the SDCLeague Pension Fund and the SDC-League Health Fund on all compensation (including any Extension and/or Royalty
payments). Separate checks must be made out to each fund and mailed to the following address:
BENSERCO, Inc., 140 Sylvan Avenue, Suite 303, Englewood Cliffs, NJ 07632
P ENSION C ONTRIBUTION D UE $__________________
H EALTH C ONTRIBUTION D UE
$__________________
4.
EXTENSIONS: Employer shall make a minimum payment of six percent (6%) of the contractual fee, for each week of
performance (proratable based on 7 performances) beyond the date specified above. Additional pension (8%) and
health (8%) payments are due on any extension payments and must be paid as same accrues.
5.
The Employer shall provide, prior to the first rehearsal, a written representation to the Artist, with a copy to SDC, that it
has obtained the performance rights to recreate any original direction, musical staging and/or choreography which will
be used for a production.
6.
ARBITRATION: Any dispute hereunder shall be resolved by arbitration between the Employer and SDC on behalf of
the Artist in the City of New York before an Arbitrator designated in the SDC-LORT Agreement and otherwise pursuant
to the applicable rules of the American Arbitration Association.
7.
RIDERS: This Agreement encompasses all of the terms and conditions of the SDC Tier Agreement, dated January 1,
2015 or any successor Agreement. Any additional terms must be set forth on a Rider to this Agreement and attached to
each copy.
Accepted:
Theatre must sign contract first.
ARTIST
EMPLOYER
(Signature)
By (Signature)
(Please print name)
(Please print name)
Date
Date
Address
Address
Zip __________
Zip
Phone
Phone
Social Security No.
Employer Registration No.
Email Address
Email Address
SDC APPROVAL:
By signing below, SDC acknowledges receipt and the applicability to this agreement for this employment.
SDC approved by
Revised 7/14/16
Date
TIER CONTRACT