Performances Lost Clause Samples
The "Performances Lost" clause defines how the parties will address situations where scheduled performances cannot take place as planned. Typically, this clause outlines the procedures for notifying the other party, any obligations to reschedule or refund, and the allocation of costs or liabilities resulting from the lost performance. Its core function is to provide a clear framework for handling cancellations or missed performances, thereby minimizing disputes and ensuring both parties understand their rights and responsibilities in such events.
Performances Lost. (A) If the company cannot perform because of fire, accident, strike, riot, Act of God, or the public enemy, which could not be reasonably anticipated or prevented, then the Actor shall not be entitled to any salary for the time during which Actor's services shall not for such reason or reasons be rendered, except:
(1) If the company is away from the Point of Organization, the Actor shall receive one- eighth of minimum salary plus one-seventh of minimum out-of-town expenses for the first day lost and one-seventh of minimum out-of-town expenses for each day on which performances are not given thereafter.
(a) The company may add a replacement performance in the same week as the canceled performance without any additional compensation provided the Actors receive no less than 24 hours’ notice. If a performance is so scheduled, the Actors’ salary and Per Diem will not be reduced for the canceled performance;
(b) The company may add a replacement performance in a subsequent week of the same engagement with no less than 72 hours’ notice. If a performance is so scheduled, each Actor will be due an additional one-eighth of Actor’s contractual salary for that replacement performance and Actor’s salary and Per Diem may be reduced for the canceled performance.
(c) If a replacement performance is scheduled after the scheduled final performance of the tour, the Producer will reimburse the Actor for any additional travel expenses caused by such scheduling.
(B) Should any of the foregoing conditions continue for a period of 10 days or more, either party may terminate the contract (except on a Term Contract, only the Actor may terminate) and the Producer will pay for all services to date and transportation back to the Point of Organization or the Place of Engagement. (See Rule 72 TRANSPORTATION AND BAGGAGE)
(C) If the production closes after 10 days, the six-week reopening provision shall not apply provided that all members of the cast at the time the production closed are offered re- employment in the production at not less than the terms prevailing on the date of closing.
(D) Lost performance due to illness or death of star. (See Rule 39(C), LAY-OFF.)
(E) To the extent there is a weather or other state of emergency declared by the civil authorities, a production may revise its performance schedule to reschedule up to two missed performances on any day in the same week or in the subsequent two weeks without incurring any penalty or premium, so long as no more than sixteen ...
Performances Lost. If the cast as a whole cannot perform because of fire, accident, riot, Act of God (or official planning action for an Act of God, e.g., NYC shuts down public transportation in planning for Hurricane ▇▇▇▇▇), National Day of Mourning, or the public enemy, which could not be reasonably anticipated or prevented, the Actor shall receive the applicable minimum salary for the first three performances lost. Should any of the foregoing conditions continue for a period of ten days or more, either party may terminate the contract, and the Theatre shall pay for all services to date. For any cancelled performance where the Actor’s salary is not reduced as provided herein, the Theatre may substitute a performance for the cancelled performance by giving written notice to Equity and the Actor. The Theatre may revise its performance schedule to reschedule up to two missed performances on performance days in the same week or in subsequent weeks of the run, without incurring any penalty or premium. In no circumstances may three performances fall on one day nor may any week contain more than nine performances. The Theatre may not schedule six performances over three consecutive days or use this provision in weeks containing six performances scheduled over three consecutive days (see Rule 51(E)(7)(d)). The Actor’s unavailability for a substitute performance shall not constitute “just cause” for termination.
Performances Lost. If the cast as a whole cannot perform because of fire, accident, riot, Act of God (or official planning action for an Act of God, e.g., NYC shuts down public transportation in planning for Hurricane ▇▇▇▇▇), National Day of Mourning, or the public enemy, which could not be reasonably anticipated or prevented, the Actor shall receive the applicable minimum salary for the first three performances lost. Should any of the foregoing conditions continue for a period of ten days or more, either party may terminate the contract, and the Theatre shall pay for all services to date. For any cancelled performance where the Actor’s salary is not reduced as provided herein, the Theatre may substitute a performance for the cancelled performance by giving written notice to Equity and the Actor. Any such substitute performance that is a ninth or tenth performance shall be paid for at the rate set forth in Rule 51(B)(5). The Actor’s unavailability for a substitute performance shall not constitute “just cause” for termination.