Designing Artists Contract for ADC Designers and Independent Theatres Production Information Sheet General Designer’s Name: Designer's Address: Designer's Designated Representative: Contact Info: Producer's Company Name: Producer's Address: Producer's Designated Representative: Contact Info: Production Name: Written by: Director / Choreographer: Venue: Max # Seats: Equity Category: City: Dates Load In Date: First Rehearsal: Actors Onstage: Photo Call: Dress Rehearsal: First Public Performance (Preview etc.): Opening: Last Performance Date: Fees Set & Props: Costumes: Lighting: Sound: Total Fee: GST Number (if applicable)
Contract Form for use by ADC Designers and Independent Theatres / Dance Producers – Production Info Sheet Page 1 of 2 - Effective Beginning 2006
Schedule A Dates Preliminary Design Set: Completed Design Set: Construction Starts: Painting Starts: Preliminary Design Props: Completed Design Props: Props Construction/Sourcing Starts: Preliminary Design Costumes: Completed Design Costumes: Costume Shopping Start: Costume Construction Start: Preliminary Design Lighting: Completed Design Lighting: Budget Figures Scenery Materials: Scenery Labour: Painting Materials: Painting Labour: Props Materials: Props Labour: Other Scenery (effects, etc.): Costume Materials: Costume Labour: Hair / Wigs Materials: Hair / Wigs Labour: Makeup Materials: Makeup Labour: Other Costumes (effects, etc.): Lighting Materials: Lighting Labour: Lighting Rental: Other Lighting (effects, projections, etc.): Sound Materials: Sound Preproduction & Recording: Sound Additional Equipment: Sound Labour: Other Sound (effects, etc.):
Contract Form for use by ADC Designers and Independent Theatres / Dance Producers – Production Info Sheet Page 2 of 2 - Effective Beginning 2006
Associated Designers of Canada
201–192 Spadina Avenue Toronto, ON M5T 2C2 TEL 416-410-4209 FAX 416-703-6601 adc@designers.ca • www.designers.ca
DESIGNING ARTISTS CONTRACT FOR ADC DESIGNERS AND INDEPENDENT THEATRES / DANCE PRODUCERS
This Agreement may be modified with additions and changes (initialled by both Parties) only with the mutual consent of the Designer and the Producer. When signed by both the Designer and Producer, this Agreement, with all modifications and relevant schedules (A, B, B1 if applicable, and C), together with the current Standard Terms and Conditions (version 2006-A) which are hereby incorporated by reference, constitutes a legal binding contract. An AGREEMENT is hereby made BETWEEN AND
(the “Designer”) (Address)
(the “Producer(s)”) (Address(es))
WITNESSETH WHEREAS the Producer hereby agrees to and does engage the services of the Designer and the Designer hereby accepts this engagement, according to the terms and conditions specified in this Agreement, the attached Schedules and the current Standard Clauses, for the presentation of the work entitled: (the “Production”) Written by: To be Directed/Choreographed/Staged by: and presented at the following venue(s) and city/cities Venues: Maximum # of Seats Available to the Public: Equity House Category: City / Town:
Load-in Date (dd/MM/yyyy):
Opening Date (dd/MM/yyyy):
Last Performance Date (dd/MM/yyyy):
If subsequent to the signing of this contract by both parties a decision made by the theatre or a change in the venue increases the maximum number of seats available to the public to a higher category, the higher category minimum shall immediately apply.
Contract Form for use by ADC Designers and Independent Theatres / Dance Producers – Effective Beginning 2006 Page 1 of 5 see also Schedules A, B, B1 if applicable, and C
1. 1.1
PROFESSIONAL FEES It is expressly understood and agreed between the Parties that the Producer shall pay the Designer: / PROPERTIES ($ : ) in Canadian funds. : ) in Canadian funds. dollars ($ ) in Canadian funds. dollars ($ ) in Canadian funds. , plus GST/HST if applicable, shall be paid in accordance with dollars dollars
To design the SETS
To design the COSTUMES
/ PROPERTIES ($
To design the LIGHTING:
To design the SOUND:
The Total Design Fee of $ 0.00 the Payment Schedule (Schedule C). 1.2 Cheques are to be made payable as follows:
. 1.3 It is understood that this agreement is in consideration of the Designer’s services for the conceptualisation, specification and general supervision of the execution of the original design, or the interpretation of a previous design concept (whether by the Designer or a previous designer), and that any additional services shall be subject to a separate letter of agreement or understanding. For work not contemplated by this Agreement and requested by the Producer, the Designer will be paid a fee commensurate with the services to be performed, which shall be negotiated at the time the services are requested. The following clauses do not pertain to the modifications and additions which are understood at the date of signing to be part of the creative process for this production. a) In the event that, after the Preliminary Designs have been approved and there are changes to the script and/or concept and/or budget of the Production, for which the Producer requires re-Design the Producer shall pay to the Designer additional compensation of $ per hour OR $ per week to a limit to be agreed upon at the time of the request. b) In the event that, after the Completed designs have been approved by the Producer, any drawings or additional design time requested by the Producer, other than that needed for the execution of the Completed Design, the Producer shall pay to the Designer additional compensation of $ per per week to a limit to be agreed upon at the time of the request. hour OR $ 1.5 In the event that a promotional commercial is produced for the Production where any part of the Designer’s designs are used, whether or not modified, and any of the Producer’s staff or contracted help, including actors, musicians, dancers, etc. receive specific payment for said commercial, the Designer shall be paid a fee of . It is expressly understood that the fees herein cover the Designer’s time as indicated in Schedule A. Any other time shall be paid at a rate of
1.4
1.6
Contract Form for use by ADC Designers and Independent Theatres / Dance Producers – Effective Beginning 2006 Page 2 of 5 see also Schedules A, B, B1 if applicable, and C
2.
SECURITIES AND BENEFITS
The following securities and benefits shall be remitted to the Associated Designers of Canada within thirty (30) days of the Effective Date of the Agreement (the date the contract is signed by the Designer) along with a completed and signed copy of the Agreement (a copy of the Standard Terms do not need to be remitted). 2.1 2.2 2.3 A bond of $ 0.00 (not less than 34% of the Total Design Fee). Check here if bond waived An Accident Insurance Premium in the amount of $50.00 on each contract / per contractual period; RRSP premiums of 6% of the Total Design Fee (comprised of 3% of the Total Design Fee, before GST/HST, deducted from the first payment to the Designer matched by a 3% contribution from the Producer); A filing fee, on behalf of the Designer, of 2% of the Total Design Fee (deducted from the first payment to the designer).
2.4
Additional information on these securities and benefits is provided in the Standard Terms and Conditions and in Payment Schedule C. 3. ROYALTIES
For the purpose of this Agreement, when the Designer’s design is used, a Design Royalty shall be paid as follows: 3.1 The Producer shall pay the Designer a royalty for the use of the design(s) for the initial run of the production, as set forth on page 1 of this agreement, or works that are known at the time of agreement to be entering the repertory rotation of a dance company: Yes No If applicable, the royalty for this shall be per performance OR per week (choose only one). The Producer shall pay the Designer a royalty for the use of the design(s) for an extension of the initial run beyond the last scheduled performance in the original venue; and/or for a Co-production; and/or for a Tour; and/or for a Transfer. The royalty shall be (not less than 0.75% of the professional fee per performance). For the use of the realized Design of the Production, either in its entirety, or any recognizable part thereof, not anticipated at the time of signing this Agreement, additional fees and/or royalties shall be negotiated before public use of the Design. TRAVEL, ACCOMMODATIONS, PER DIEMS AND EXPENSES a) The Designer agrees to be in residence as per Schedule A. b) Arrangements for the Designer’s accommodation and per diem have been negotiated as follows:
3.2
3.3
4. 4.1
c) Other time commitments required of the Designer:
d) For each day or part thereof, that the Designer is required by the Producer to be outside his/her metropolitan area of residence beyond those dates specified in Clause 1 a) above, the Producer will negotiate and pay the following expenses and/or per diem(s):
e)
It is clearly understood by the Producer that the Designer may have commitments to other producers overlapping with this contractual period and the Producer cannot make unreasonable demands on the Designer’s time over and above what is contracted in Clauses 4.1.a and 4.1.c. The Producer has the option of requiring the exclusive use of the Designer’s time, for the period of for an additional fee of . This option is to be exercised by (date– dd/MM/yyyy).
Contract Form for use by ADC Designers and Independent Theatres / Dance Producers – Effective Beginning 2006 Page 3 of 5 see also Schedules A, B, B1 if applicable, and C
4.2
The Producer agrees to be responsible for reasonable travel costs associated with the Designer’s execution of this contract, including round trip airfare (or other reasonable and appropriate transportation), plus incidental travel expenses whenever the Designer is required by the Producer to travel outside his/her metropolitan area of residence. Incidental travel will be reimbursed by the Producer upon presentation of bona fide receipts. At the time of signing, these arrangements are as follows:
4.3 4.4
The Producer will pay a travel allowance of $ per kilometer when the Designer is authorized by the Producer to use his/her own automobile for transportation. The Producer agrees to reimburse the Designer, upon the presentation and subsequent approval of bona fide receipts, for all out-of-pocket expenses and disbursements related to the Production, including, but not limited to: photostats, blueprints, long distance telephone charges, materials and services. The Producer will provide the Designer with a list of usually available accommodation and the current prices for same when requested by the Designer.
4.5
5. 5.1
BILLING The Designer will receive credit to appear in all programs, souvenir programs, posters and flyers, and press releases whenever the name(s) of the Director(s) or Choreographer(s) appears. Placement, size, position and details of any other billing are as follows:
5.2
Credit to read: If this contract refers to the Producer’s official billing policy, a copy of that policy shall be attached as an addendum to the contract.
.
6.
INSURANCE The Producer carries general comprehensive liability insurance: Yes No
7.
NOTICES Any and all notices given hereunder shall be in writing and shall be hand delivered or sent by prepaid registered mail, addressed to the Parties at their respective addresses as herein set forth and notice shall be deemed to have been given on the date of mailing.
8. 8.1 8.2 8.3 8.4
THIS AGREEMENT Shall inure to the benefit of and be binding upon the Parties and their respective heirs, executors, administrators, successors and assigns. Shall be construed and enforced in accordance with the laws of the jurisdiction in which this Agreement has been executed. Constitutes the entire understanding and agreement between the Parties and may not be modified or amended except by agreement in writing, initialled or signed by both Parties. Must have the appropriate related schedules attached (Schedules A, B, B1 if applicable, and C); these schedules form part of this Agreement.
Contract Form for use by ADC Designers and Independent Theatres / Dance Producers – Effective Beginning 2006 Page 4 of 5 see also Schedules A, B, B1 if applicable, and C
8.5
8.6
8.7 9.
Includes the applicable Standard Terms. The Parties hereto acknowledge that they have each received a copy of, and have read and understood, the standard terms and conditions version no. 2006-A (the “Standard Terms”). Each of the Parties agrees to be bound by the Standard Terms, which are hereby incorporated by reference in and form part of this Agreement, even when they are not attached to this contract form. Includes ADC as a Party. The Parties (as listed on page 1) acknowledge that ADC has provided a standard form of contract to the Parties for their use in finalizing this Agreement, in consideration of which the Parties agree that ADC shall be deemed to be a Party to this Agreement for the purpose of enforcing the Parties’ payment and other obligations to ADC under this Agreement. The Parties acknowledge and agree that ADC shall be deemed to be a Party hereto even though ADC has not signed this Agreement. Time is of the essence of this Agreement. NO WAIVER The waiver of a breach of any of the terms of this Agreement or of any default under this Agreement will not constitute a waiver of any subsequent breach or default. No waiver or modification of this Agreement will be valid or binding unless in writing and signed by both the Producer and the Designer.
10.
EXECUTION Four (4) copies of this fully executed Agreement (the Contract Form and relevant Schedules) shall be distributed as follows: 1. 2. 3. 4. Retained by the Producer Retained by the Designer Forwarded by the Designer to ADC (address below) Forwarded by the Producer to ADC (address below), with all fees (as explained in Payment Schedule C), within fifteen (15) days of the date signed by the Designer.
IN WITNESS WHEREOF the Parties hereto have executed this Agreement on the day and year written below.
______________________________________ for the Producer(s)
_______________________________________ for the ADC Designer
______________________________________ Signed on (date)
_______________________________________ Signed on (date)
(send copies and remittances within 30 days to): Associated Designers of Canada 201-192 Spadina Avenue Toronto, Ontario CANADA M5T 2C2 TEL 416-410-4209 1-800-361-2721 FAX 416-703-6601 E-MAIL adc@designers.ca URL www.designers.ca
Contract Form for use by ADC Designers and Independent Theatres / Dance Producers – Effective Beginning 2006 Page 5 of 5 see also Schedules A, B, B1 if applicable, and C
PRODUCTION DESIGN SCHEDULE "A" – Schedules The Designer and the Producer agree that they shall both adhere to the following Schedule. The Producer further agrees to keep the Director and relevant production staff informed of this schedule. Initial design consultation(s) between the Designer and the Director shall be arranged by the Producer at mutually agreed dates and locations. Other consultations are understood to be arranged between the Designer and Director as required and agreeable, unless at the request of either, further consultations continue to be arranged by the Producer. The Designer and Producer agree that the design deadlines as set forth in Schedule A form part of this Agreement. In the event that the Designer has not issued, to the Producer, documentation due on an agreed-upon date, the Producer may withhold those payments connected with the issuing of that documentation until it is provided. All items in bold must be completed by the Producer when issuing this agreement or on a mutually agreed schedule. DATES (dd/mm/yyyy) Venue and Production information as defined in Standard Clauses supplied to Designer Script Design Consultation(s) with Director no later than: Preliminary Designs Submitted to the Producer Approval or rejection of Preliminary Designs (with cost estimates provided to Director and Designer) within days of receipt (maximum 14 days). Design Consultation(s) with Director no later than (Mandatory if major revisions to preliminary Designs are required by the Producer) Completed Design Deadline Approval of Completed Design within days of receipt of all information. (with revised cost estimates when required or requested) PRODUCTION SCHEDULE ATTACHED: First Rehearsal: Actors on Stage: Photo Call: Residency Period(s) (Including Multiple Venues) Location: Location: Location: Location: from from from from to to to to inclusive; inclusive; inclusive; inclusive. Yes No Load In: Dress Rehearsal: First Public Performance: (complete dates below) SETS PROPS COSTUME LIGHTING SOUND
Schedule A for use by ADC Designers and Independent Theatres / Dance Producers – Effective Beginning 2006 Page 1 of 2; see also Contract Form, Schedules B, B1 if applicable, and C
This information need not be completed at the time of signing this Agreement, but must be completed by (date) and forwarded to the Designer. If any of the following are outside the residencies required of the Designer above, the following is to be completed and forwarded to the Designer by (Date) Scenic Construction Start Painting Start Costume Shopping Start Costume Construction Start Props Construction (sourcing) Start (Date) (Date) (Date) (Date) (Date)
(initialled) Producer _______ Designer _______
Schedule A for use by ADC Designers and Independent Theatres / Dance Producers – Effective Beginning 2006 Page 2 of 2; see also Contract Form, Schedules B, B1 if applicable, and C
PRODUCTION DESIGN SCHEDULE "B" – BUDGETS It is understood and agreed that the Director and production staff shall be informed of the information set out in Schedules A, B, and B1 (if applicable). Should any of this information be revised, the Director, the Designer and other relevant Parties will be notified as to the changes in a timely manner. This Production is intended to tour: Is a Co-Production Assistant Designer subsidy paid to Designer: Yes No Producer’s designated representative shall be: Phone Contact Information: The scale for the ground plan and section for this production is: SET AND PROPERTIES The Set Designer will provide a model: Yes Type of Set: Single Multiple Special effects (as related to Set): Special effects (as related to Properties): At the date of this Agreement, the Set and Properties Budgets are as follows: MATERIALS Scenery Painting $ $ LABOUR week(s); week(s); week(s); week(s); week(s) week(s) week(s); Head Carpenter for Carpenter(s) for Scenic Artist(s) for Painter(s) for Head(s) for Buyer(s) for Builder(s) for Producer agrees to allocate a design assistant at (location – Designer’s place of residency or venue) No Number of Locations: Amount: $
Properties $
Check if applicable:
COSTUMES AND RELATED PROPERTIES Number of Actors: Chorus of: Special effects (as related to Costumes): Special effects (as related to Properties): At the date of this Agreement, the Wardrobe (and related Properties) Budgets are as follows: MATERIALS Costumes: $ LABOUR Head(s) for Buyer(s) for Cutter(s) for 1st Hand(s) for Sewer(s) for Milliner(s) for Dyer(s) for Wigmaker(s) for Hairdresser(s) for Make-up Artist(s) for Producer agrees to allocate a design assistant at (location – Designer’s place of residency or venue) week(s) week(s) week(s) week(s) week(s) week(s) week(s) week(s) days/week(s) week(s) Anticipated Number of Characters: Anticipated Number of Complete Costumes:
Hair / Wigs: $ Make-up: $
Check if applicable:
Schedule B for use by ADC Designers and Independent Theatres / Dance Producers – Effective Beginning 2006 Page 1 of 2; see also Contract Form, and Schedules A, B1 if applicable, and C
LIGHTING Limited to house gear: Yes Augmentation (description): Special effects (as related to Lighting): No
. Type of Set: Single Multiple Number of Locations:
At the date of this Agreement, the Lighting Budget is as follows: MATERIALS Materials: $ Rental: $ Effects: $ Check if applicable: LABOUR person(s) for person(s) for person(s) for hour(s) for touch-ups Producer agrees to allocate a design assistant at (location – Designer’s place of residency or venue) hours hang hours focus Hours cue set
SOUND Cast size: Composer: Limited to house gear: Augmentation (description): Special effects (as related to Sound): At the date of this Agreement, the Sound Budget is as follows: Sound Materials: Preproduction and Recording: Additional Equipment: Labour and Stage Crew: Other: Check if applicable: $ $ $ # of people Yes Yes No No Size of Orchestra (for Musicals): Reinforced sound: Yes No
for
hours.
Producer agrees to allocate a design assistant at (location – Designer’s place of residency or venue)
RUNNING CREWS Running crew for the technical rehearsals and run of production: persons. The Producer should provide details as necessary including the breakdown by department.
(initialled) Producer _______ Designer _______
Schedule B for use by ADC Designers and Independent Theatres / Dance Producers – Effective Beginning 2006 Page 2 of 2; see also Contract Form, and Schedules A, B1 if applicable, and C
PAYMENT SCHEDULE “C” NOTE: This Schedule can act as the invoice / paperwork for all payments to ADC and to the Designer. Designer: Producer(s): Production: Designer’s SIN: Designer’s GST/HST #:
Effective Date of Agreement (date of signing by the Designer): Cheques Payable to (see page 2 of contract):
PAYMENT SCHEDULE TO DESIGNER and ADC:
as follows OR
as per attached schedule
TOTAL DESIGN FEE:
$ 0.00
Payment to ADC: Bond (not less than 34% of the Total Design Fee) Filing Fee (2% of Total Design Fee, deducted from 1st Instalment to Designer) Designer’s RRSP Contribution (3% of Total Design Fee, deducted from 1st Instalment) Producer’s RRSP Contribution (3% of Total Design Fee) Insurance Premium ($50 per contract) TOTAL Payment to ADC This payment must be sent, in full, to the ADC office within thirty (30) days of the date the Agreement is signed by the Designer (see page 4), accompanied by a copy of the Contract. NOTE: Deductions are to be made (on pre-GST / HST amounts) once, for the entire amount required, from the first payment to the Designer. GST is not to be added to payments to ADC. + + + + $ 0.00 $ 0.00 $ 0.00 $ 0.00 $ 50.00 $ 50.00
Payments to the Designer: 1ST Installment of Design Fee – Due upon receipt of signed contract Less ADC Filing Fee (2% of Total Design Fee) Less Designer’s RRSP Contribution (3% of Total Design Fee) Plus 5% GST (or applicable HST) on: 1st Installment of Design Fee TOTAL First Payment (to Designer) (TO BE CALCULATED MANUALLY as not all designers charge GST, and some charge HST + $ $ 0.00 $ 0.00 $ $ 0.00
Schedule C for use by ADC Designers and Independent Theatres / Dance Producers – Effective Beginning 2006 Page 2 of 2; see also Contract Form, and Schedules A, B, and B1 (if applicable)
2ND Installment of Design Fee: Due upon Approval of Preliminary (please check appropriate choice) – Due date as per Schedule A: Plus 5% GST (or applicable HST) on 2nd Installment of Design Fee
or Completed
Designs +
$ $ $ 0.00
TOTAL Second Payment (to Designer) (TO BE CALCULATED MANUALLY as not all designers charge GST, and some charge HST)
3RD Installment of Design Fee: Due upon Approval of Completed Designs Night (please check appropriate choice) – Due date as per Schedule A:
or Opening
$
Plus 5% GST (or applicable HST) on 3rd Installment of Design Fee TOTAL Third or Final Payment (to Designer) (TO BE CALCULATED MANUALLY as not all designers charge GST, and some charge HST)
+
$ $ 0.00
Other payments noted in contract (describe): $ Due:
(initialled) Producer _______ Designer _______
Schedule C for use by ADC Designers and Independent Theatres / Dance Producers – Effective Beginning 2006 Page 2 of 2; see also Contract Form, and Schedules A, B, and B1 (if applicable)
PRODUCTION DESIGN SCHEDULE "B-1" – BUDGETS MULTIPLE VENUE AGREEMENT(S) It is understood and agreed that the Director and production staff shall be informed of the information set out in Schedules A, B, and B1. This Schedule B-1 is to be used in conjunction with Schedule B. Should any of this information be revised, the Director, the Designer and other relevant Parties will be notified as to the changes in a timely manner. This Production is intended to tour: The Set Designer will provide a model: Assistant Designer subsidy paid to Designer: Yes Producer’s designated representative shall be: Phone Contact Information: The scale for the ground plan and section for this production is: A plan and section is required for each Venue beyond the initial Venue: Yes No Is a Co-Production Yes No No Amount: $
Additional Scenic or Costume Design services are required of the Designer(s) beyond the initial Venue: Yes No
If YES, provide details known at time of signing:
RUNNING CREWS – SECOND VENUE Set –up crew of persons for days. Running crew for the technical rehearsals and run of production: persons. Each theatre / company should provide details as necessary including the breakdown by department. RUNNING CREWS – THIRD VENUE Set –up crew of persons for days. Running crew for the technical rehearsals and run of production: persons. Each theatre / company should provide details as necessary including the breakdown by department. LIGHTING – SECOND VENUE Limited to house gear: Yes Augmentation (description): Special effects (as related to Lighting): No
At the date of this Agreement, the Lighting Budget is as follows: MATERIALS Materials: $ Rental: $ Effects: $ Check if applicable: LABOUR person(s) for person(s) for person(s) for hour(s) for touch-ups Producer agrees to allocate a design assistant at (location – Designer’s place of residency or venue) hours hang hours focus Hours cue set .
Schedule B-1 for use by ADC Designers and Independent Theatres / Dance Producers – Effective Beginning 2006 Page 1 of 2; see also Contract Form, and Schedules A, B, and C
LIGHTING – THIRD VENUE Limited to house gear: Yes Augmentation (description): Special effects (as related to Lighting): No
At the date of this Agreement, the Lighting Budget is as follows: MATERIALS Materials: $ Rental: $ Effects: $ Check if applicable: LABOUR person(s) for person(s) for person(s) for hour(s) for touch-ups Producer agrees to allocate a design assistant at (location – Designer’s place of residency or venue) hours hang hours focus Hours cue set
SOUND – SECOND VENUE Limited to house gear: Yes Augmentation (description): Special effects (as related to Sound): No
At the date of this Agreement, the Sound Budget is as follows: Sound Materials: Additional Equipment: Labour and Stage Crew: Other: Check if applicable: $ $ # of people
for
hours.
Producer agrees to allocate a design assistant at (location – Designer’s place of residency or venue)
SOUND – THIRD VENUE Limited to house gear: Yes Augmentation (description): Special effects (as related to Sound): No
At the date of this Agreement, the Sound Budget is as follows: Sound Materials: Additional Equipment: Labour and Stage Crew: Other: Check if applicable: $ $ # of people
for
hours.
Producer agrees to allocate a design assistant at (location – Designer’s place of residency or venue)
Producer: Please complete copies of this information for each venue known at time signing.
(initialled) Producer _______ Designer _______
Schedule B-1 for use by ADC Designers and Independent Theatres / Dance Producers – Effective Beginning 2006 Page 2 of 2; see also Contract Form, and Schedules A, B, and C