Common use of Extraordinary Risk Clause in Contracts

Extraordinary Risk. The term "Extraordinary Risk" shall be applied to a performance or technical rehearsal or Dress Rehearsal which entails one or more of the following high-risk feats for an ARTIST: i. suspension from trapeze, wire or like contrivance more than four (4) feet above the stage floor; ii. performing on moving platforms, or any apparatus which places the ARTIST's feet more than four (4) feet above the stage floor; iii. operating explosive or pyrotechnic devices; iv. handling fire or performing near or around fire; v. any other form of high-risk feat endangering ARTIST(S) to injury as mutually determined by the Joint Committee and the EMPLOYER prior to the first performance; vi. performing on stilts. Notwithstanding the foregoing, performing on any construction or apparatus built above the stage floor or orchestra pit, regardless of height, shall not be considered "Extraordinary Risk" if it is of such stability, width and protective danceability and having such railings as may be necessary so as to assure the safety of the ARTISTS as mutually determined by the Joint Committee. The Employer and AGMA delegates shall meet within two (2) weeks of the beginning of each season to review available information about the sets to be used for the upcoming season. At the monthly Joint Committee meeting immediately prior to the opening of a production, more specific detailed information about the set will be provided by the TWB Stage Manager (either in person or by conference call). At the first Tech Rehearsal, up to five (5) minutes prior to each set change shall be devoted to an inspection of the set by AGMA representatives and EMPLOYER staff. The Employer shall make every effort to remedy any potentially dangerous conditions affecting the “stability, width, and protective danceability” as mutually determined by the Joint Committee. If the condition(s) cannot be corrected prior to the run-through, ARTISTS shall modify the choreography as necessary to ensure their safety. No ARTIST shall be expected to perform in conditions that are potentially dangerous as described above. For each instance of Extraordinary Risk, the ARTIST shall be compensated at the rate of fifty dollars ($50) during the term of the Collective Bargaining Agreement for each technical rehearsal, each Dress Rehearsal and each performance. If the agreed upon conditions of Exhibit #2 and Exhibit #3 are met by the EMPLOYER, the use of sharp weapons, swords, and or other props used as weapons, shall not ordinarily be considered Extraordinary Risk.

Extraordinary Risk. The term "Extraordinary Riskextraordinary risk" shall be applied to a each ARTIST’s performance or technical rehearsal or and final Dress Rehearsal which entails one (1) or more of the following high-high risk feats for an ARTIST: i. 1) suspension from trapeze, wire or like contrivance more than four (4) feet above the stage floor; ii. 2) performing on moving platforms, stilts or any apparatus like devices which places the place ARTIST's ’s feet more than four (4) feet above the stage floor; iii. 3) operating explosive or pyrotechnic devices; iv. 4) handling fire or performing near or around fire; v. 5) Mother ▇▇▇▇▇▇ in ▇▇▇▇▇▇▇▇▇▇’▇ The Nutcracker; In the event the ARTIST does not receive a final Dress Rehearsal for any role in Nutcracker in which Extraordinary Risk is involved, EMPLOYER will compensate such ARTIST the Extraordinary Risk fee for the ARTISTS’ final rehearsal in which such feat is performed; 6) dancing in or with water on the stage surface; 7) any other form of high-high risk feat endangering ARTIST(S) to injury as mutually determined by the a Joint Committee and the EMPLOYER prior to the first (1st) performance; vi. performing on stilts. Notwithstanding the foregoing, performing on any construction or apparatus built above the stage floor or orchestra pit, regardless of height, shall not be considered "Extraordinary Riskextraordinary risk" if it is of such stability, width and protective danceability and having such railings as may be necessary so as to assure the safety of the ARTISTS as mutually determined by the Joint Committee. The Employer and AGMA delegates shall meet within two (2) weeks of the beginning of each season to review available information about the sets to be used for the upcoming season. At the monthly a Joint Committee meeting immediately prior to and the opening of a production, more specific detailed information about the set will be provided by the TWB Stage Manager (either in person or by conference call). At the first Tech Rehearsal, up to five (5) minutes prior to each set change shall be devoted to an inspection of the set by AGMA representatives and EMPLOYER staff. The Employer shall make every effort to remedy any potentially dangerous conditions affecting the “stability, width, and protective danceability” as mutually determined by the Joint Committee. If the condition(s) cannot be corrected prior to the run-through, ARTISTS shall modify the choreography as necessary to ensure their safety. No ARTIST shall be expected to perform in conditions that are potentially dangerous as described aboveEMPLOYER. For each instance feat of Extraordinary RiskRisk during a performance or final Dress Rehearsal, the ARTIST shall be compensated at the rate as specified in Paragraph 23(a). However, as a part of fifty dollars ($50) a Dress Rehearsal, an ARTIST may rehearse a specific feat beyond what is considered to be part of what the ARTIST is required to do during the term course of an uninterrupted Performance, without receiving more compensation than they will receive for subsequent Performances. EMPLOYER shall not unreasonably deny an ARTIST an opportunity to rehearse an Extraordinary Risk feat at ARTIST’s request. Prior to the Collective Bargaining Agreement commencement of each season EMPLOYER shall give AGMA Delegates a list (to the extent known) of all Extraordinary Risk feats expected for each technical rehearsal, each Dress Rehearsal and each performancethe upcoming season. If the agreed upon conditions of Exhibit #2 and Exhibit #3 C [AGMA REGULATIONS FOR SAFETY WITH SWORDS AND/OR PROPS AS WEAPONS] are met by the EMPLOYER, the use of sharp weapons, swords, and or swords and/or other props used as weapons, weapons shall not ordinarily be considered Extraordinary Risk"extraordinary risk." ▇▇▇▇ shall be provided during any rehearsal in which gymnastic moves are executed.

Extraordinary Risk. EMPLOYER and AGMA agree that no ARTIST shall be asked to perform an activity which is deemed unsafe, and all appropriate safety precautions will be taken for all activities. The term "Extraordinary Risk" shall be applied to a performance or performance, rehearsal, on- stage technical rehearsal or Dress Rehearsal which entails one or more of the following high-high risk feats for an ARTIST: i. (1) suspension from trapeze, wire or like contrivance more than four (4) feet above the stage floor; ii. (2) performing on moving platforms, stilts or any apparatus like devices which places the place ARTIST's feet more than four (4) feet above the stage floor; iii. operating (3) handling live and/or loaded explosive or pyrotechnic devicesdevices (for example, fireworks, a device used to produce an explosion), licensed or unlicensed; iv. (4) handling fire or performing near or around fire; v. (5) any other form of high-high risk feat endangering ARTIST(S) ARTISTS to injury as mutually determined by the Joint a local AGMA Committee and the EMPLOYER prior to the first performance; vi. performing on stilts. Notwithstanding the foregoing, performing on any construction or apparatus built above the stage floor or orchestra pit, regardless of height, shall not be considered "Extraordinary Risk" if it is of such stability, width width, and protective danceability and having such railings as may be necessary so as to assure the safety of the ARTISTS as mutually determined by a local AGMA Committee and the Joint Committee. The Employer and AGMA delegates shall meet within two (2) weeks of the beginning of each season to review available information about the sets to be used for the upcoming season. At the monthly Joint Committee meeting immediately prior to the opening of a production, more specific detailed information about the set will be provided by the TWB Stage Manager (either in person or by conference call). At the first Tech Rehearsal, up to five (5) minutes prior to each set change shall be devoted to an inspection of the set by AGMA representatives and EMPLOYER staff. The Employer shall make every effort to remedy any potentially dangerous conditions affecting the “stability, width, and protective danceability” as mutually determined by the Joint Committee. If the condition(s) cannot be corrected prior to the run-through, ARTISTS shall modify the choreography as necessary to ensure their safety. No ARTIST shall be expected to perform in conditions that are potentially dangerous as described aboveEMPLOYER. For each instance of Extraordinary RiskRisk mentioned above per three-hour segment, the ARTIST shall be compensated at the rate of fifty dollars ($50) during the term of the Collective Bargaining Agreement 47.50 for each rehearsal, up to a maximum of $190.00. In addition, for each instance of Extraordinary Risk mentioned above per three-hour segment, the ARTIST shall be compensated at the rate of $47.50 for each on-stage technical rehearsal, each Dress Rehearsal and each performance. By way of example, the ARTIST shall receive a total of $47.50 regardless of how many explosive or pyrotechnic devices (an instance of extraordinary risk) the ARTIST has operated during the three-hour segment. However, if that same ARTIST also engages in a different instance of extraordinary risk (e.g. stilts) during that same three-hour segment, the ARTIST also shall receive an additional total of $47.50 for that different instance of extraordinary risk. Any incident of Extraordinary Risk that occurs outside of the above-referenced three-hour segments will be separately compensated as set forth above. Each ARTIST required to engage in flying incorporating either horizontal or vertical movement during any Rehearsal, shall be compensated at the rate of $54.00 per three (3) hour segment or fraction thereof, up to a maximum of $ 216.00. In addition, each ARTIST required to engage in flying incorporating either horizontal or vertical movement during any performance, On-Stage Technical Rehearsal or Dress Rehearsal shall be compensated at the rate of $54.00 per three (3) hour segment or fraction thereof of any performance, On-Stage Technical Rehearsal or Dress Rehearsal. If the agreed upon conditions of Exhibit #2 and Exhibit #3 are met by the EMPLOYER, the use of sharp weapons, swords, and or swords and/or other props used as weapons, shall not ordinarily be considered Extraordinary Risk. The EMPLOYER shall discuss situations involving extraordinary risk with the AGMA Delegates at the beginning of the rehearsal process. AGMA shall notify the EMPLOYER, in writing, within 24 hours after it becomes aware of the issue when the Company is in the theatre -- otherwise within two (2) working days in all other circumstances, of its position that a particular feat merits extraordinary risk compensation. The EMPLOYER and the Local AGMA Committee promptly shall meet at a mutually convenient time to discuss the matter, but no later than one (1) working day after the EMPLOYER receives AGMA'S written notification. Should the EMPLOYER and the Local AGMA Committee not mutually agree on whether a particular feat merits extraordinary risk compensation and the EMPLOYER does not modify or remove the particular feat at issue, the matter shall be presented to an impartial panel for determination. The parties will endeavor to obtain the services of the impartial panel members on a volunteer basis. However, in situations where the services of any or all of the members cannot be volunteered, the parties will endeavor to obtain such services at a reasonable cost. The impartial panel shall consist of: (1) the EMPLOYER'S Athletic Trainer, or their designee -- who shall have similar experience and qualifications; (2) the technical director at the ▇▇▇▇▇▇▇ Theatre or Music Hall, or their designee -- who shall have similar experience and qualifications; and (3) a member to be selected by the EMPLOYER, who has no affiliation with the EMPLOYER. Should the member of the panel selected by the EMPLOYER require a fee for services, no such fee will be authorized or paid until mutually agreed upon by AGMA and the EMPLOYER. The impartial panel, respective schedules permitting, promptly shall meet and view (if applicable) the matter at issue. Both AGMA and the EMPLOYER may present their respective positions to the impartial panel orally or in writing. The impartial panel, based on majority rule, shall then make a final and binding decision which shall not be subject to the parties' grievance and arbitration procedure. Additionally, any costs incurred by the panel shall be shared equally by both AGMA and the EMPLOYER. If the panel decides that a particular feat merits extraordinary risk compensation, the EMPLOYER has two options: (A) pay the applicable retroactive and/or any future extraordinary risk compensation; or (b) modify the feat so it no longer is at issue or remove the feat at issue. Any such modifications would be subject to the impartial panel's review and determination. Any execution of the feat prior to modification, however, shall be paid for at the applicable extraordinary risk compensation rate.