SMOKE AND FOG Clause Samples

SMOKE AND FOG. ‌ The EMPLOYER shall use best efforts to ensure that all performance and rehearsal spaces are free from any known and recognized health and safety hazards such as contaminants and toxins or hazardous residues, including to the extent practicable, mold and dust. EMPLOYER will not permit the introduction of any substance or a higher concentration of any substance than applicable state and federal statutes and regulations permit. EMPLOYER will comply with all applicable government mandated procedures with respect to toxins and hazardous substances. ARTISTS acknowledge that there will be instances where the Company will perform on a program with other artists who have different policies with respect to smoke and ▇▇▇▇. EMPLOYER will work with the presenter and venue but cannot guarantee in those instances that the venue will be free of all smoke and haze at the time when ARTISTS are required to perform. Smoke and fog effects may be created by water vapor, dry ice or CO2, products like the Dry Fogger and LN2 Burst Systems, or any new system of demonstrated safety to performing artists. EMPLOYER will not use any smoke and/or fog devices or effects in any production unless each ARTIST scheduled to perform in that production shall be given two (2) weeks advance notice of EMPLOYER’s intended use of such devices. No ARTIST who has a bona fide health or safety concern with the use of the equipment, device and/or product shall be required to perform when it is utilized and shall not be penalized in any way for declining to perform. If the EMPLOYER wishes to use another product, it will place it on the agenda for the Joint Committee and provide all available information about the product, including the MSDS certificate. For example, if EMPLOYER wishes to produce ▇▇▇▇▇ ▇▇▇▇▇’▇ In the Upper Room, it will schedule a discussion with the Joint Committee. AGMA agrees to make all reasonable efforts, including but not limited to, working with employers, industrial safety and health experts, and manufacturers to expand the range of technology and equipment choices available to allow the EMPLOYER to realize its artistic vision for its productions while at the same time ensuring the health and safety of ARTISTS.

SMOKE AND FOG. ‌ It is agreed that there shall be no smoke or fog effects utilized, except for those generated by water vapor or dry ice or other harmless technology currently or yet to be developed, the harmlessness of which shall be evidenced to AGMA. The EMPLOYER may request approval of any smoke or effect so long as it can be demonstrated that ARTISTS may not be adversely affected because of their location, such approval not to be unreasonably withheld. In the event that other smoke or fog effect is used which has not been approved by AGMA, AGMA shall inform the EMPLOYER which shall immediately cease and eliminate the effect from the area.

SMOKE AND FOG a. If the EMPLOYER plans to utilize smoke and fog effects in any rehearsal or performance other than those generated by water vapor or dry ice products, advance notice shall be provided to the AGMA Delegates and Staff Representatives, including, to the extent known, the name and chemical composition of the smoke or fog product for a discussion of potential health and safety concerns. The Parties agree to discuss any health or safety concerns in Joint Committee meetings. If an ARTIST has an underlying medical condition, supported by medical documentation, which would be aggravated by the chemical composition of the smoke and fog, such ARTIST shall contact the Company Manager within seventy-two (72) hours of posted notice. Affected ARTISTS may request to be excused without penalty.

SMOKE AND FOG. ‌ (a) Prior to the first production of the season or as soon as it is known, whichever is later, the Employer shall notify AGMA of its intention to utilize stage smoke or fog in any production during the season including the type of smoke or fog proposed to be utilized. No smoke or fog shall be used in any production unless notice is posted and announced to all Artists in the production at least two (2) weeks prior to the first rehearsal at which such smoke or fog effects are used or when children under the age of eighteen (18) years participate in the production. There shall be no chloride or petroleum based stage smoke or fog, burning gums or resins utilized in any production with the exception of incense. Employer shall utilize best efforts to limit utilization of incense and stage smoke or fog other than that produced by water vapor or dry ice. Ventilation and exhaust must be utilized whenever smoke or fog is used. (b) Should the committee established under the Basic Agreement between the Metropolitan Opera and AGMA issue more restrictive guidelines for use of stage smoke or fog than that set forth in Section 34 (a) above, Employer shall not unreasonably refuse to abide by such more restrictive guidelines. (c) Employer will immediately meet upon request of the AGMA delegate(s) regarding any problems resulting from the use of smoke and fog effects. Employer and AGMA will consult and exercise their best efforts to reach agreement regarding necessary modification, reduction or elimination of the use of such smoke and fog effects. The reasonable decision of AGMA regarding the modification, reduction, or, if necessary, elimination of the smoke or fog effects shall be final.

SMOKE AND FOG. If the EMPLOYER wishes to utilize smoke and fog effects in any rehearsal or performance other than those generated by water vapor or dry ice products, advance notice shall be provided to the AGMA Delegates and Staff Representatives, including the name and chemical composition of the smoke or fog product. In addition, each ARTIST scheduled to perform in that production shall be given two (2) weeks advance notice of EMPLOYER’s intended use of such substances and no ARTIST who has a documented health or safety concern with the use of the equipment, device and/or product shall be required to perform when it is utilized and shall not be penalized in any way for declining to perform.