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Contracts

CONTRACTS AND DOCUMENTS OF CONTROL

Tragedy and Comedy The Laughing Audience can assist theatre and production company managers in the explanation, framing and testing of terms and conditions in contracts. This can be conducive to your negotiations, especially for younger managers who may be confronted by a seeming jumble of terms and documentation from operators more seasoned in the business of the theatre.

Though not lawyers, we are experienced in the ‘unholy trade’ of negotiations and deals: for touring abroad, festivals and itineraries, importing shows, subsidised productions in the commercial sector, co-productions, licensing, UK standard agreements for performers, writers and stage management, other rules and regulations – all the wheeler-dealing you will encounter in balancing visionary art and business! 

 

 

The following contract for an engagement at the Theatre Royal, Edinburgh illustrates the brevity of agreements between manager and a leading actor in the years before the rise of the chain of touring theatres and incorporation of Howard and Wyndham as a limited company in 1895:

 

I agree to give Mr Powrie three shillings and 6d per week for fifty-two weeks and a benefit in Edinburghthe receipt of the whole amount to be divided between Mr Powrie and the management.  Mr Powrie’s salary to commence this day. The travelling expenses away from Edinburgh will be paid by me.    

   

R. H. WYNDHAM, Manager,   EDINBURGH, October 3, 1853.

 

Remuneration for star actors in London has always been more expensive than in North Britain:

 

THE THEATRE ROYAL, DRURY LANE, LONDON: CONTRACT BETWEEN MANAGER BUNN AND TRAGEDIAN WILLIAM CHARLES MACREADY, 1835

 

It is agreed this 21st day of September, 1835, between Alfred Bunn and William Charles Macready:

 

That the said Alfred Bunn shall engage the said William Charles Macready as the Principal Tragedian at the Theatre Royal. Drury Lane, on a salary of thirty pounds per week, play or no play, for thirty weeks and a half; the payment of the said full salary of £30 to commence from Thursday, October 1, 1835, and to be continued, without any interruption or deduction, on any pretence whatsoever, until Saturday, March 5, 1836, being a period of twenty-two weeks and a half (from which date, March 5, to Monday, April 4, 1836, the said Alfred Bunn and William Charles Macready have no claim whatever on each other): the payment of said salary of £30, free of all deduction, to be recommenced by Alfred Bunn to W. C. Macready, from April 4, and paid to May 27, being a period of eight weeks, making altogether thirty weeks and a half (in gross amount £915 for thirty weeks and a half. in weekly payments of £30), for which Alfred Bunn has the power of requiring the services of W. C. Macready four nights in each week of this engagement.

 

That W. C. Macready is to have the clear half of the total receipts of a night appropriated for a benefit, which shall be the first, without exception, in the season, and on a Monday night.

 

That Alfred Bunn shall produce immediately after Christmas the Tragedy called The Bridal, altered from Beaumont and Fletcher’s The Maid’s Tragedy, on the usual terms of £33 6s 8d per night to the nineteenth night, and £100 for the twentieth.

 

That W. C. Macready is to be subject to no forfeit or fine by Alfred Bunn, under any pretence whatsoever, and that he is to have the same privilege of orders as during his last season at Drury Lane Theatre.

 

That W. C. Macready may be required to perform any parts in the list, given in by him, and such others as are classed in the leading tragedy, but not such as he, W. C. Macready, may deem as partaking of a melodramatic character, and that he is to have the choice of characters on all occasions, with sufficient notice for the proper study of new parts.

 

That W. C. Macready shall not be required or asked to act the characters of Sir Giles Overreach, Joseph Surface, or Rob Roy, and that he is to have a dressing room to himself, secure from removal or intrusion.

 

That in the event of W. C. Macready being deterred by illness, or any other calamity, from appearing before the public, his salary is to be discontinued, until he shall report himself capable of resuming his duties.

 

That upon the infringement, at any time or times, of any of the above-named conditions, W. C. Macready shall have the power of giving notice that his engage­ment is null and void, and that the same shall be null and void upon the delivery of such notice.

                                                   

COMPANY ADMINISTRATION, DUTY STATEMENTS, INTERNAL DISCIPLINE AND FINES

The Laughing Audience can also assist managers in writing and testing job descriptions, person specifications, management team restructures, company meeting arrangements and other personnel practices in the proliferating responsibilities of the backstage industry today. Please contact us to discuss support.

Although theatre managers may be subjugated to increasing external local government and arts council intervention in the 2000s, we might take heart that when companies were more prone to artists’ and staff argument, misdemeanour and division, rules and decrees regulated every aspect of internal management, especially for a national theatre – such as these examples from the Comédie-Française:     

 

RULES FOR THE CONDUCT OF WEEKLY ASSEMBLIES AT THE COMÉDIE-FRANÇAISE, 1766

 

EXTRACTS FROM ARTICLE IV: Concerning Assemblies

 

  • Every Monday at 11 a.m., in the meeting-room of the Hôtel, an assembly shall be held, attended by all the actors and actresses.
  • No person not a member of the Company shall for any reason be admitted to the assembly, or take part in any resolutions reached by the assembly, and the porter shall be punished for any breach of this rule.
  • There shall be an account set up for every Monday assembly from the Com­pany's funds, to provide 6 livres for each of the actors and actresses, whether fully admitted or on probation, who comprise the Company.
  • Since the Company consists of members, this account shall comprise.... livres which shall increase or diminish according to the number of actors and actresses; actors or actresses who are not in their place when eleven strikes by the Hôtel clock shall forfeit their attendance fee, and their 6 livres shall be paid by the cashier into the Company's special fund for fines.
  • To ensure decency and order at their assemblies, there shall be a large table, at which shall sit the Committee, with the two semainiers at either end; the other actors shall sit on both sides, in order of their seniority.
  • Discussion of the programme shall begin at 11 a.m.; no other question shall be raised before this is completed, after which the Committee will report to the members those actions that have been taken on their behalf, and votes will be taken on matters for resolution. The meeting shall not terminate until the Committee declares that there is no further business; any who leave before this shall lose their jeton, which shall be withheld by the first semainier, keeper of the jetons, unless permission has been given to withdraw. The meeting shall finish at 1.30 p.m. at the latest, unless there is some urgent matter which needs to be concluded in the general interest.

 

EXTRACTS FROM ARTICLE V: Concerning Programming

 

  • The programme shall be drawn up for a fortnight ahead; on each Monday, the programme for the following week shall be decided, and so on: once the programme has been settled, everyone shall perform the part for which he is listed, unless there are valid reasons, approved by the Committee, which shall be reported to the Intendant des Menus, on pain of a fine of 100 livres for refusal, which shall be paid into the special fund.
  • To put a stop to the negligence which is sometimes shown towards un­popular parts, and even moderately attractive ones, which is harmful to the Company’s interest, since the lack of attention with which they are performed discredits the plays and offends the public, we order that any who neglect a mediocre role shall forfeit the privilege of playing the good ones.
  • Any actor or actress who, through ill-will or spite, shall cause the cancel­lation of an advertised performance, shall pay a fine of 300 livres to the special fund.

 

EXTRACTS FROM ARTICLE VI: Concerning Resolutions

 

  • When everything concerning the weekly programme, the deferment of ac­cepted plays and other subjects mentioned above has been dealt with, the Com­mittee shall bring forward any other matters which need to be presented to the Company.
  • Anyone interrupting the discussion, either in order to propose another sub­ject or for any other reason whatsoever, and anyone who uses offensive or im­moderate language, shall be deprived for that occasion of his or her attendance fee; their names shall be struck from the list of those present, and they shall in addition pay an immediate fine of 6 livres into the special fund.
  • These fines shall be imposed by the Committee; and if, by a reprehensible indulgence, the due fine is excused, it is our wish that the Committee assumes the responsibility of the said offender and has to pay his or her fine; and the first semainier shall, on pain of the same punishment, report the offence to the Intendants des Menus.
  • Anyone not knowing his or her part will pay an immediate fine of 12 livres; and on a second offence, shall abide by whatever sanction is imposed until further notice. It should be made clear, however, that these sanctions shall not apply to those who have made an effort to learn a part in an emergency. Anyone missing and entrance, or not ready at the time set for the play to start, shall pay a fine of 3 livres, as shall anyone who, not having performed in the main play, shall cause a delay in starting the after-piece. Actors and actresses shall be punctual in reporting for rehearsals announced by the first semainier, and at the appointed time, on pain of a fine of 3 livres if they are not on time for their scene and to 10 livres if they fail to present themselves at all.

Ordannances et règlement, Comédie-Française, Paris, 1766-1823, pp.1-10.

                                                 

 
 
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