Friday, June 3, 2016

Did you know - contracting deadlines

As of the recently renewed CTA and ITA agreements, new provisions have been added to ensure contracts go out to the artists in a timely manner. These join a number of existing rules for executing and signing contracts. Here are the terms currently in effect:
  1. 35:08  Execution of Engagement Contracts
    1. (A)  Issuing Of
      When the Theatre confirms to the Artist that agreement has been reached on the negotiated terms for an upcoming engagement, the Theatre shall issue a CTA Engagement Contract to the Artist within ten (10) business days. In any event an Artist must receive his/her CTA Engagement Contract no later than twenty (20) business days prior to the start date of his/her engagement.
      This provision does not apply to activities contracted under Article 56:00 or
      Article 57:00 in which the contracted engagement period is less than two weeks.
    2. (B)  Signing Of
      Unless contracts are signed concurrently, they must be signed first by the Theatre. If the contract is not signed concurrently the Theatre may in writing at the time of sending the contract to the Artist notify the Artist that unless the contract is signed and returned or postmarked, by the Artist to the Theatre within ten (10) business days (Saturday, Sunday and holidays excluded) after receipt thereof by the Artist, the offer of engagement is withdrawn and the contract shall be null and void. 
So, the long and the short of the recent changes is that CTA and ITA engagers now have a new obligation to issue contracts promptly following agreement upon terms, and contracts must reach the artist 20 days before the engagement begins. Except for certain small-scale projects, that means no more signing contracts on the first day.

As always, engagers are also prohibited from sending unsigned contracts to an artist for them to sign first. The engager must sign the contract before the artist, in order to confirm the terms being offered.

And, of course, artists have their obligations, too. If the contract is being sent out to you for signing, you may have only 10 days in which to do so and return it. If you don't get the contract back in time, the engager has the ability to withdraw the offer. Note, however, that the engager must specifically inform you of this time restriction; it does not apply automatically.

If you work under agreements other than the CTA and ITA, different rules may be in place. Opera and ballet agreements each have their own deadlines.

Remember, it you are working under the CTA, ITA, ballet or opera agreements and your contract is late arriving to you or your agent, please call staff for assistance. If an engager is not meeting the deadlines, staff can't address the situation unless they know about it.

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