Variety (September 1911)

10 VARIETY "PLAY OR PAY" AGREEMENT FOR V AUDEVI LLE ARTISTS Vaudeville Managers' Protective Association Issues "Equitable Contract" for Its Members. No "Can- cellation" Clause. "Copy Acts" Covered. The first "Play or Pay" contract ever in use by the big American vaudeville managers was issued this week, under the authorization of the Vaudeville Managers' Protective As- sociation. A printed form of the agreement was sent to each manager enrolled in the association. The United Booking Offices will place the contract into effect at once. It Is the form of agreement gotten up pursuant to a recent conversation between the association's officers and Bert Leslie, president of the Vaude- ville Comedy Club. A copy of the form was mailed Tuesday to the V. C. C. for its inspection. The "cancellation clause," a dis- agreeable feature to artists of all pre- vious contracts they have been called upon to sign, has been entirely elim- inated from the present contract, which is reproduced on this page. The clause formerly providing for cancellation by fire and so on has had "strike" added to It, while it is also stated in the contract that should the present policy of a theatre change for which an artist holds a contract, the agreement becomes void through that. This is a condition found In English contracts, and was one of the reasons why the "two-weeks' clause" was Inserted In previous contracts on this side. Paragraph 9 Is new, that If an artist wilfully violates a contract made with any member of the V. M. P. A., all contracts held by him with other members are subject to cancellation. The word "wilfully" Is used to per- mit an artist to show cause that the cancellation was unavoidable or for good reason. All the former provi- sions to the effect that artists must perform to the satisfaction of the manager are missing in the new agreement. The liquidated damage clause remains about the same. The new contract handles Illness In a different manner to that formerly made part of an agreement. Hereto- fore an artist was called upon to give a manager an dptlon upon his ser- vices when recovered This was found to be often impracticable, through the act having other engage- ments contracted for which called for his services at the time of recovery. The contract now states that upon the submission to the managers of two affidavits by physicians, certify- ing to the illness, the contract held by the artist is at an end. The require- ment of affidavits from physicians in- stead of the usual certificate is be- lieved to have been inserted for the purpose of holding those concerned criminally liable If fraud is practiced in obtaining a release from a contract by this means. In that event, though, the artist would still be liable under the liquidated damage clause. Paragraph 11 is partially for the protection of originators as against "copy acts," and to relieve a manager from the penalty of the copyright law, as far as that is possible. When a manager is notified that an act on his betwen two fires In a complaint of this nature, being liable under his con- tract to the infringer, and, under the copyright law, to the complainant. The clause on the personnel of a company or act being changed now reads that the manager cannot deduct ("fine") any portion of the salary if the act continues without giving writ- ten notice to the act of such inten- tion before the second performance. The "barring clause" has been re- written to meet the requirement of any certain circuit. Maurice Goodman, secretary of the V. M. P. A. and attorney for the United Booking Offices, who drafted Agreement made this day of 1»1... by and between ••••;••• o f hereinafter called the "manager," and hereinafter called the "artist." 1. The artist promises to render and produce upon the terms and conditions hereafter contained, a certain act or specialty with persons therein for weeks, at least times each day and not over times In each week, as follows: Week Commencing Theatre City or In such other theatres or cities as the manager may require. In consideration of which and of the full and complete performance of the promises of the artist here- inafter set forth, each of which is of the essence of this agreement, tfce manager air roes to pay the sum of ($ ) Dollars upon the conclusion of the final performance by the artist at the end of each week during the term of this agreement. 2. It Is understood that this Is a vaudeville engagement and that the artist shall pay all transportation. If the artist is to render said act In more than one place here- under, the average cost of such transportation between the places where such act Is to be given, rendered or produced hereunder, shall be not over Dollars per person. 3 Is acting for the manager In employing the artist. 4. The artist agrees to abide by the reasonable rules and regulations In force at the theatre: report for rehearsals at 10 A. M. on Monday of each week; furnish com- plete orchestrations of music; eliminate any part of act when requested by the manager or representatives, and at least two weeks before the beginning of each engagement to deliver to the manager the necessary billing, scenery, property plots, complete set of photographs sufficient for a large frame, program and press matter, time of act and the route, if any, upon which the artist may be scheduled for two weeks immediately prior to the beginning of this engagement. 6. Sickness of artist will excuse performance only on delivery of duly sworn affida- vits of two physicians immediately on occurrence, stating place of confinement and nature of Illness to the manager at meanwhile artist Is not to perform for any other person. 6. If the operation of the above theatre Is prevented by Are, or other casualty, public authority, strikes, or any other cause whatsoever, or the present policy thereof changed, the manager may cancel this agreement, and If prevented from giving the maximum number of performances set forth above, he shall pay only pro-rata for ser- vices actually rendered. 7. If before the commencement of, or during this engagement, the manager finds that the artist has reduced or changed the personnel or number of performers, or otherwise changed or altered the quality of the act contemplated herein, the manager may forthwith cancel this agreement, and If such change Is discovered only after the artist has commenced the engagement, the manager may, at his option, continue the act and deduct from the salary when payable, an amount In proportion to the decrease In value of said act, provided he gives the artist written notice of suoh Intention to deduct before the second performance. 8. The artist agrees not to present either privately, or publicly, at any time be- tween the date hereof and the end of the term of this engagement, any act or specialty. In whole or In part, In any place where there Is a theatre engaging Its attractions through the unless booked through said corporation; and In the event of a breach of this covenant, the manager may cancel this agreement. 9. To assure the faithful performance of this and every other agreement now or which may hereafter be made by the artist with any manager booking through the or with any member of the Vaudeville Managers Protective Association, of which the manager herein is a member, the artist agrees that the wilful violation by him of any such other agreement made with any such manager or member, shall In and of ltsrlf be sufficient ground for the manager herein cancelling this agreement. 10. If the artist refuses to perform this agreement, he promises to pay the manager a sum equal to the salary he would have earned had he performed hereunder, as partial compensation for Injury to the manager by reason of such breach. It being understood the manager will sustain damage to at least that amount by reason of such breach. 11. If claim shall be made upon the manager that the aforesaid act Is an Infringe- ment of a property right, copyright, or patent right, the manager may hold the artist's salary to secure him against loss unless the artist shall furnish a bond .with two good and sufficient securities, in an amount sufficient to Indemnify the manager against any loss, damage, cost, counsel fee, or any other loss whatsoever by reason of his present- ing or allowing the presentation of said act, pursuant to this agreement. 12. The artist acknowledges that this agreement and the engagemeents set forth herein were procured for him solely by and through the and therefore author- Ices the manager to deduct 5% from the aforesaid salary at the end of each week, and pay the same over to the (Artist sign here giving address.) (L. S.) . (L. S.) program or one contracted for is ah infringement upon a copyrighted act or matter, the manager may, under the contract, inform the act com- plained of that he will withhold the salary until the question has been adjudicated or settled, or call upon the alleged "copy" or "chooser" to deposit an indemnity bond for the manager's protection, the manager not legally having the right to cancel upon a mere complaint being filed. The copyright law provides that for an infringement, the manager shall be liable to a fine of $150 for the first performance, and $100 for each per- formance thereafter. The manager is the new contract, informed a Variety representative, in reply to a question, that the contract as now adopted by the association was as fair as it was possible to make one. OPEN AND SHUT PROP. New Orleans, Aug. 30. Billy Ellwood, who used to book 'em while they waited, Is now an act himself. Mr. Ellwood states that op- erating a booking office in the south Is an open and shut proposition. At night an agent has a string of houses open, the next morning they're shut. GOOD, IF MADE GOOD. The Percy O. Williams press de- partment announces that all the the- atres on the Williams Circuit have made a ruling, which goes Into effect with the opening of the season, to the effect that members of the orchestras will not be permitted to leave the pit during a performance. This practice is to be discontinued in the belief that the musicians can better serve the interests of the management by re- maining in their places. Many panics have been averted by the orchestra striking up at opportune moments and if they were absent the critical moment would have passed. The passage of musicians to and from their seats detracts attention from the performance, especially to those occu- pying front seats. This decision (If it is enforced) will be hailed with joy by nearly all ar- tists. ATWOOD MAY LISTEN. The latest best known aviator, Harry N. Atwood, may listen to the offers of the vaudeville managers. Wil- liam L. Lykens expected to hand At- wood a contract this week to open somewhere on the circuit, Monday. William Hammer stein made an of- fer to Atwood, which, it is said, the fly man turned down. $3,000 is the weekly figure named for Atwood's appearance. The mana- gers are not inclined to venture that amount. They have agreed the avia- tor is worth $1,600. One manager believes that $2,000 would not be overmuch. Atwood will probably start his vaudeville bookings Sept. 11. He may play for M. Shea in Buffalo and Toronto the weeks of Sept. 11 and 18, booked by the Casey Agency. THIS IS POLLY MORAN. Chicago, Aug. 30. Even if Polly Moran did marry, she hasn't forgotten how to put it over on the stage. Last week at Milwaukee, Miss Moran just naturally cleaned right up on the bill at the Majestic. Polly did the Job so thoroughly, the Orpheum Circuit Immediately booked her for two trips over its tour, the first to commence Sept. 11 at the Or- pheum, Winnipeg, closing March 4, at New Orleans, and the second to start June 30, 1912, at Spokane. That Is some booking for a "single woman" though married, but now Polly, besides worrying over her hus- band, Bob Sandberg (because he has but one season booked) is also worry- ing how Jennie Jacobs of the Casey Agency will fill in those three inter- vening months. MACK AND WALKER WED. York, Pa., Aug. 30. Last Friday Wilbur Mack and Nella Walker were married at the home of Postmaster Alleman, In Littles- town, near here. Rev. W. Edward Watkins, of the Methodist church in that village, performed the ceremony. Miss Walker's home is in York. Mr. and Mrs. Mack are vaudeville players-