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Actors Equity Association

AGREEMENT AND RULES

GOVERNING EMPLOYMENT

AT

WALT DISNEY WORLD

Effective Date: September 26, 2004

Expiration Date: September 20, 2008

NATIONAL OFFICE165 West 46

thStreet

New York, NY 10036(212) 869-8530

Fax (212) 719-9815

Chicago, IL 60603

Suite 1500125 South Clark Street

(312) 641-0393 phone

(312) 641-6365 fax

Los Angeles, CA 90036

Suite One5757 Wilshire Boulevard

(323) 634-1750 phone

(323) 634-1777 fax

San Francisco, CA 94104

Suite 900

350 Sansome Street

(415) 391-3838 phone

(415) 391-0102 fax

Orlando, FL 32821

10319 Orangewood Boulevard

(407) 345-8600 phone

(407) 345-1522 fax

www.actorsequity.org


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TABLE OF CONTENTS

SECTION I. RECOGNITION ...........................................................................................................21. PURPOSE ...........................................................................................................................22. RECOGNITION ...................................................................................................................23. ALIENS ................................................................................................................................34. SCOPE ................................................................................................................................3

SECTION II. CONTRACTUAL........................................................................................................45. AUDITIONS AND INTERVIEWS.........................................................................................4

6. AGENTS..............................................................................................................................6 7. EXCLUSIVE SERVICE ....................................................................................................68. CONTRACTS ...................................................................................................................69. RELOCATION ....................................................................................................................810. RESPONSIBILITIES OF THE PERFORMER................................................................1011. PROBATIONARY PERIOD............................................................................................1012. DISCIPLINE, STANDARDS OF CONDUCT AND TERMINATION ...............................1013. CLOSE OF SHOW NOTICE ..........................................................................................1314. LAYOFF..........................................................................................................................13

SECTION III. SALARY AND BENEFITS ......................................................................................1515. PAY DAY........................................................................................................................1516. PAY RATES ...................................................................................................................1517. SICK LEAVE ..................................................................................................................1918. HOLIDAYS .....................................................................................................................2019. VACATIONS...................................................................................................................22 20. PENSION AND WELFARE ............................................................................................2521. LEAVES OF ABSENCE .................................................................................................26

SECTION IV. CONDITIONS..........................................................................................................3022. COSTUMES AND MAKE-UP.........................................................................................3023. PROPERTY....................................................................................................................33 24. SAFE AND SANITARY ..................................................................................................3325. PERFORMANCE RISKS................................................................................................3726. STAGE FIGHTING OR STUNTS ...................................................................................3827. FILMING/VIDEOTAPING ...............................................................................................3928. AUDIO TAPING AND VOICE-OVERS...........................................................................41

29.

PHOTOGRAPHS AND PUBLICITY ...............................................................................42

SECTION V. WORK RULES.........................................................................................................4330. REHEARSAL AND PERFORMANCE WORK RULES ..................................................4331. UNDERSTUDIES, SWINGS AND SUBSTITUTES...........................................................5032. TRAVEL..........................................................................................................................50 33. CLASSES ..........................................................................................................................52

SECTION VI. ADMINISTRATIVE..................................................................................................5334. LAWS GOVERNING .........................................................................................................5335. INTERPRETATION ...........................................................................................................5336. MANAGEMENT RIGHTS ..................................................................................................5337. BULLETIN BOARDS .........................................................................................................5338. WORK STOPPAGES AND LOCKOUTS...........................................................................5339. UNION ACTIVITY AND CHECK-OFF ...............................................................................5440. NON-DISCRIMINATION AND NON-RETALIATION.........................................................5541. BLACKLISTING.................................................................................................................5642. JOINT EQUITY/WALT DISNEY WORLD COMMITTEE ...................................................5643. GRIEVANCE PROCEDURE .............................................................................................5644. TERM OF AGREEMENT...................................................................................................59

ADDENDUM I - CASUALS ............................................................................................................61

ADDENDUM II - SCHEDULE MATRIX..........................................................................................65

See ADDENDUM I re: Casuals.


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AGREEMENT entered into this 26th day of September, 2004, by and between WaltDisney World Company, hereinafter called Company and Actors EquityAssociation, hereinafter called Equity.

SECTION I. RECOGNITION

1. PURPOSE.

Actors Equity Association and Walt Disney World Company acknowledge theirindividual and collective responsibilities to advocate and promote conduct that isresponsible, non-abusive, and tolerant of the individuality of those working under thisAgreement.

Therefore, the parties hereto have entered into this Agreement to establish fairwages, working conditions, benefits, respect of individual talents and dignity intreatment, and to put into practice effective and binding methods for the settlementof all misunderstandings, disputes, or grievances that may arise between the partieshereto, to the end that the Company is assured complete continuity of operation andthat labor-management peace is maintained and performers are guaranteed unionrights and protection as provided by this Agreement.

2. RECOGNITION.

(A) The Company recognizes Equity as the sole and exclusive bargaining agentof the full-time and casual performers of the Company in the classifications ofChorus, Chorus Stepping-Out and Principal (hereinafter referred to asperformers), excluding non-resident aliens under an appropriate visa (see alsoRule 3, ALIENS.), students working in the College Program or EPCOT Instituteof the Arts, and third-party sub-contractor performers. Students in the CollegeProgram or EPCOT Institute of the Arts will not perform in regularly scheduledshows with full-time performers in a classification as specified above, but may

perform in separate productions as well as special events in combination withfull-time performers.

(B) Employment Status.

(1) Casual Temporary performers shall be defined as those performers hiredduring seasonal expansion periods, for special events or conventions or assubstitutes. A casual temporary may be contracted as a full-time substitutefor a performer(s) on leave of absence for up to 20 weeks.

(2) Casual Regular performers shall be defined as performers who aresigned to an Individual Employment Contract guaranteeing at least one dayof work per week. A casual regular may be contracted as a full-time

substitute for a performer(s) on leave of absence for up to 20 weeks.

(3) Full-Time performers shall be defined as performers who are contractedas Principal, Chorus, or Chorus Stepping-Out to work for four or more daysper week and at least 30 hours per week for a period of no less than 14weeks, excluding a maximum three week rehearsal period. The 14 weekperiod begins with the first public performance.

(4) Any casual performer who exceeds the above-referenced minimumsshall be immediately signed to a Full-Time Individual Employment Contractand benefits shall be retroactive.


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(C) During the term of this Agreement, the Company will provide to Equity inwriting on a monthly basis a list of the names of any third-party subcontractedperformers or, if applicable, the producer of such performance act and its nameor description, the performance property in which the performer(s) appearedduring the month and the date(s) performer was engaged. In the case of non-resident aliens for whom the Company has petitioned for the visa, the type ofvisa issued will be reflected on the report. This reporting requirement will takeeffect beginning with the first quarter of the 2001 calendar year.

3. ALIENS.

Non-resident aliens may not be employed except as follows:

(A) Non-resident aliens of unique ability may be employed in self-contained actsin performances which are culturally authentic to the specific countryrepresented.

(B) Prior to employing non-resident aliens, as specified in (A) above, in anysituation where bargaining unit members are currently employed under anIndividual Employment Contract, the Company will: (1) notify Equity; and (2)work in collaboration with Equity to identify qualified citizens or resident alienswho fulfill the requirements of the position. The parties agree that the Companyretains the right to make reasonable final casting decisions.

(C) During the term of this Agreement, where a non-resident alien performer isemployed by the Company under (A) or (B) above, the Company will provide toEquity in writing on a quarterly basis a list of the name, date of employment,performance property, country of origin and type of visa of each non-residentalien performer employed during the previous quarter. This reportingrequirement will take effect beginning with the third quarter of the 1997 calendaryear.

4. SCOPE.(A) The scope of this Agreement shall apply to any area within the 30,500+acres of the WALT DISNEY WORLD RESORT, including but not limited to theMAGIC KINGDOM, EPCOT, DISNEY-MGM STUDIOS and DISNEYS ANIMALKINGDOM Theme Parks, DOWNTOWN DISNEY, DISNEYS BOARDWALK,hotels, motels, golf facilities, campsites, airport facilities, boats and boatlandings, entrances, or any other facilities, complexes or areas on said acreage.

(B) Additionally, this Agreement shall apply to any WALT DISNEY WORLDRESORT performer assigned to make special appearances at locations withinthe geographical jurisdiction of Equity.


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SECTION II. CONTRACTUAL

5. AUDITIONS AND INTERVIEWS.

(A) General Provisions. The Company agrees to hold auditions for performers.The following conditions shall apply:

(1) Among the auditions held, there shall be auditions for Equity performers.

(2) The Company is under no obligation to hire any person pursuant to anyaudition procedure including the procedure for Equity performers set forth in(B) and (C) below.

(3) The Company shall make such reasonable accommodations as may beappropriate in fulfillment of its obligations under the Americans withDisabilities Act of 1990 with respect to auditions. Where appropriate, Equityagrees to cooperate with that effort upon request of the Company.

(4) Casting Requirements. Casting requirements shall be submitted to theOrlando Equity office in writing with as much advance notice as possible, butnot less than ten days prior to the audition and shall be posted on Equity

Call Boards throughout the property and at the audition site.

(5) An individual with casting authority (that is, one who can effectivelyrecommend performers for employment) must be present at all times duringauditions.

(6) Procedures. Performers may be "typed-out" prior to any segment of theaudition based upon the casting requirements. Following the typing-outaudition segment, all remaining auditionees may be required to vocalizeand/or participate in a movement combination. Either a Choreographerand/or Assistant Choreographer shall be present at all dance auditions. ATumbling Coordinator shall be present at all tumbling/gymnastic auditions.

(7) Safe and Sanitary Provisions. All audition spaces shall comply with thefire laws of the city or state in which auditions are held. The Company shallprovide an audition room, a holding room, and a lavatory facility in thebuilding housing the audition. The Company shall ensure that dance, stunt,gymnastics or movement auditions shall not take place on carpet, concreteor marble floors or on any other substance laid directly over such surfaceswhich do not provide adequate air space and resilience. Mats and paddingwhich meet U.S.A. Gymnastics (U.S.A.G.) or National Collegiate AthleticAssociation (N.C.A.A.) standards shall be provided at all tumbling auditions.

(8) Liability Insurance. The Company shall provide liability insurance at all

auditions. In the event of injury, the auditionee should contact theCompany's representative at the audition for the proper procedure for filing aclaim.

(9) Accompaniment. A piano accompanist, who can sight read, will beprovided, if required, at vocal and/or dance auditions.

(10) Equity will make every effort to provide monitors for all auditions whichtake place in cities where Equity maintains an office or a Liaison Committee.

(B) Required Auditions.


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(1) At least two days of Equity auditions will be held each year in New YorkCity and at least four additional days total of Equity auditions, which may bescheduled in a minimum of two hour segments, will be held in Orlando andat least two other cities in which Equity has an office or Liaison Committee.Equity shall provide the Company annually with a list of such cities.

(2) The Company will hold an in-house open, general audition for allperformers on the following basis:

(a) Six times per year for acting, singing and dancing disciplines;(b) Two times per year for the stunt discipline.

Performers may audition for any shows or roles for which they wishfuture consideration. Audition notices will be conspicuously posted onthe Equity Call Boards throughout the property ten days prior to theaudition. Performers will audition on their own time but the Companywill make reasonable efforts to accommodate the work schedules ofperformers in the Equity unit.

(C) Scheduling and Notification.

(1) National Audition Tour. The Company shall submit to the Orlando Equityoffice a schedule of all auditions (nationwide) a minimum of 30 days prior tothe audition. New York and Chicago auditions will be scheduled through theappropriate Equity Audition Center.

(2) Local Auditions. When the Company is conducting auditions in Orlando(except for call-backs*), audition notices will be conspicuously posted on theEquity Call Boards throughout the property ten days prior to the audition sothat interested performers may request an audition. Those performers mayattend on a call-back day at a scheduled appointment on their own time.

*A call-back audition shall be a scheduled appointment for performers

selected by the Company to be auditioned for a specific role or show.

(3) New Productions. When the Company is casting a new show, theCompany will hold local auditions. Audition notices shall be posted on theEquity Call Boards throughout the property ten days prior to the audition sothat interested performers may request an audition. The Company willmake reasonable efforts to accommodate the work schedules of theperformers in the Equity unit. A copy of the script, storyboard or castbreakdown for the new show shall be submitted to the Equity office at thetime audition notices are posted.

(4) Conventions/Special Events. If auditions are to be conducted for aspecial event or convention, the Company will fax an audition notice toEquity and post the notice on Equity Call Boards three days prior to theaudition.

(5) Any Company-required audition shall be paid at the performer'sappropriate rate.


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6. AGENTS.

Any agent who acts for the Company, either as a casting consultant or packager,with or without fee, does not represent the performer in securing employment withthe Company. Said agent shall not, therefore, be entitled to commissions from theperformer. The Company shall not directly or indirectly require the performer to signa contract at or through an agents office.

7.

EXCLUSIVE SERVICE.(A) Exclusive Service on Property.

(1) Individual performers or groups may work for an outside productioncompany that will be performing their services on the WALT DISNEYWORLD RESORT property (as outlined in Rule 4, SCOPE.) in work coveredunder this Agreement, provided the performer gives the Company first rightof refusal with no more than 30 days notice.

(B)Individual performers or groups may not advertise themselves for outsideemployment purposes as currently employed by Walt Disney World Company orany of its components.

(C) Performers may not appear in a recognizable manner on any commercialsfor other theme parks, Central Florida tourist attractions, or resorts which are indirect competition with the Company.

(D)Performers have a primary obligation to the Company as full-time employerand will not accept work for other employers which interferes in any fashion withtheir obligation to the Company without written permission from the Company.

8. CONTRACTS.(A) Notification. The Company shall notify the Orlando Equity office of any newperformer employee as soon as possible, but no later than two days after the

employee begins work. The notification will provide the performers name, socialsecurity number, work location and, if known, the schedule of the performersfirst week of employment.

During the term of this agreement, the Company will provide to Equity in writingon a monthly basis, a list of non-bargaining unit substitutes. This list will includename, date, show and role.

(B) Forms. The Parties agree upon the utilization of individual employmentcontracts between the Company and the performers. Said contracts shall besigned first by the Company and must be signed by both parties prior to theperformers date of travel or first day of employment, whichever comes first.

Said contracts will be on a mutually agreed upon standard contract form and theCompany, the performer and Equity will receive an original copy of the executedcontract. Nothing in the individual employment contract shall serve to lessen theterms of this Agreement.

(C) Blanks. All blanks (e.g., starting date, statused show, classification, salary,estimated relocation expenses, type of venue (indoor/outdoor), etc.) must befilled in before signing or delivery. Principal contracts for statused show muststate name of part, role, roles or assignment to an acting Company. Examples:


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Show Classification Role

Epic Stunt Show Principal Indy

Streetmosphere Principal Acting Company

Comedy Warehouse Principal Acting Company

Dapper Dans Principal Tenor, Baritone

Any cross-outs or corrections must be initialed by both the performer and theCompany. Both the Company and the performer shall exercise due care inhandling original contracts to ensure that they remain clean and free ofextraneous markings.

(D) Time Limits.

(1) The performer shall have five business days from receipt of the contractor renewal offer to examine the offer and discuss details with Equity and/orthe Company, after which time the signed documents shall be returned tothe Company or they may be considered no longer valid.

(2) The Company shall mail an original copy of the contract to Equity within

seven days of receipt of the signed contract from the performer.

(E) Riders. All changes (including the addition or deletion of roles), alterations orsubstitutions must be in writing, signed by both parties, and made a part of theIndividual Employment Contract with an original copy to Equity.

(F) Changes Subsequent to Contract Signing. The Company may not make achange to the terms and/or conditions of the Individual Employment Contractunless the performer agrees by means of a rider. If the performer and theCompany cannot agree to the terms of the change, one of the following shallapply:

(1) The change shall not be implemented for said performer; or

(2) The performer, if willing, shall be transferred to another show, if possible;or

(3) The performers contract may, by mutual consent, be terminated with noless than four weeks notice.

(G) Productions Canceled. Should the Company cancel a new production priorto the start of employment, the Company may terminate any outstanding newcontracts for said production by giving no less than two weeks notice or bygiving no less than one weeks notice and paying one week of contractualsalary, plus paying any relocation expenses which cannot be avoided. Should

notice be less than one week, the Company will pay two weeks contractualsalary plus all unavoidable relocation expenses. In the case of contracts whichstipulate less than one full week of employment, salary payments due under theabove formula will be 50% of the total contracted amount if one weeks notice isgiven or the full contracted amount if less than one weeks notice is given.

(H) Renewal of Contract. On those Individual Employment Contracts that havean expiration date, the performer will be notified in writing, with a copy to Equity,of the Company's intention either to renew or not renew the IndividualEmployment Contract no less than four weeks prior to the expiration of hisIndividual Employment Contract.


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(1) If a performers Individual Employment Contract is not renewed theperformer shall receive the following pay at their current statused rate:

Years of Continuous Service Amount of Pay

Less than 3 -0-

3 5 2 weeks

6 9 3 weeks

10 or more 4 weeks

(2) Re-audition. If a performer's contract renewal is in question, saidperformer may request an audition.

(3) Salary Negotiations. To insure privacy, any and all individual salaryissues or settlements are to be privately discussed between the CastingManager, or his designee, and the Area Manager and the performer and, atthe performers choosing, his representative and/or interpreter.

(I) Two Weeks Notice. Either party may terminate the contract by giving the

other party two weeks written notice. However, after the probationary period(see Rule 11), the Company may only terminate the performers contract forinability to perform up to standard or for just cause [see Rule 12(G)(1) and12(G)(2)].

(J) Notice. All termination notices must be in writing. Copies of all notices mustbe filed with Equity immediately by the party (performer or Company) givingnotice.

(1) Notice to the performer must be given to him personally by the CastingManager or his designee and/or the Area Manager or his designee.

(2) A performer who resigns, is laid off, or is not renewed may be assigned

casual temporary status only at the performers request.

(3) A performer must be informed of his rehire status at the time that thenotice is either given or received by the Company.

(K) Payment When the Performer is Not Allowed to Work Out Notice. If theperformer is not allowed or required to work out any notice properly given underthis Agreement, he shall be paid immediately upon being given notice and hemay forthwith accept other employment.

(L) Rights After Giving Notice When Performer Secures New Engagement.Should either party give the other any notice permitted under this Agreementwhich terminates the Individual Employment Contract at any future date, andshould the performer have or secure a new engagement, he shall be permittedto attend rehearsals under the new engagement as may be necessary and as donot conflict with his rehearsals or performances under the existing employmentcontract.

9. RELOCATION.

(A) The Company shall provide for full-time performers the following relocationbenefit, provided the performer relocates from outside a 100 mile radius from theWalt Disney World Resort:


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(1) The cash equivalent of one-way non-restricted coach air transportationfor the performer and immediate family (spouse and children under the ageof 18). The Company shall furnish the performer with the means forpayment at least three days in advance of departure.

(2) The cash equivalent of round-trip non-restricted coach air transportationfor the performer and immediate family, as defined in Rule 9(A)(1) will beprovided for relocation from outside the mainland U.S.A. for those originallyrelocated. The cash equivalent of return transportation at the conclusion ofemployment must be requested within 60 days from date of termination ortransfer from the unit; however, the Company shall consider extenuatingcircumstances in granting extensions to the 60 day requirement.

(3) The cash equivalent of seven days temporary housing. Individualextensions may be agreed to at the Companys sole discretion.

(B) The Company shall provide for full-time performers the following relocationbenefit, provided the performer relocates from a radius of more than 50 miles,but less than 100 miles from the Walt Disney World Resort:

(1) Mileage costs at the prevailing federal government mileage rate or the

current Disney standard mileage rate, whichever is higher;(2) The cash equivalent of seven days temporary housing. Individualextensions may be agreed to at the Companys sole discretion.

(C) Each performer to be relocated shall sign a relocation agreement, eitherprior to or concurrent with signing the Individual Employment Contract, whichstates the estimated cost of relocation prior to the actual relocation. An itemizedaccounting of the relocation expenses incurred on the performers behalf andany taxes deducted from same shall be provided to the performer.

(D) Where the Company assigns to the performer a credit card type paymentmeans, the performer shall not make unauthorized charges. Prior to issuance,

the Company shall provide the performer with detailed guidelines for use of thecredit card, including specific examples of authorized and unauthorized types ofcharges.

(E) Reimbursement.

(1) A performer who voluntarily resigns during the initial term of theperformers Individual Employment Contract, not to exceed 12 months, shallbe liable to repay to the Company the entire relocation expense.

(2) Should the Company terminate the Individual Employment Contractwithin the initial term, not to exceed 12 months, except as specified in Rule12(G)(1), Just Cause Terminations, the Company shall provide the

performer the cash equivalent of non-restricted coach air transportation.

(3) Individual exemptions of relocation reimbursement may be granted at theCompanys sole discretion.

(4) In the case of performer reimbursement to the Company, the performershall be provided with the appropriate form(s) indicating the adjustment inthe performers gross income.

(F) The Company shall assist performers in finding appropriate housing withinthe seven days of temporary housing provided. During that week, the performer


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will be given a reasonable opportunity during business hours to locate andarrange for banking, housing and utilities. An extension of housing for anadditional seven days will also be considered based on the circumstances.

10.RESPONSIBILITIES OF THE PERFORMER.(A) The performer shall be prompt at all calls.

(B) The performer shall perform his services as directed by the stage director/

choreographer, and shall conform to the language of the script.(C) The performer shall pay strict regard to performance make-up and dress.

(D) The performer shall check his costume and props.

(E) The performer shall respect the physical property of the production and of theCompany.

(F) The performer shall maintain a professional attitude toward and relationshipwith his production colleagues.

Failure to abide by these responsibilities may require the performer to attend ameeting of a Performers Relations Committee, convened by Equity, composed

of three to five employees from the bargaining unit.

11.PROBATIONARY PERIOD.The parties agree that the first eight weeks of employment shall be considered aprobationary period, during which the Company shall have the right to terminate thecontract of employment for any reason. The relocation week(s) shall not be includedin the eight week probationary period. Probationary period terminations are notsubject to the grievance procedure.

12.DISCIPLINE, STANDARDS OF CONDUCT AND TERMINATION.(A) Standard of Conduct. High standards of conduct are necessary to preservethe Companys and the performers public image and to insure a safe,harmonious and productive working atmosphere. The Company shall administerthe sections of this Article with due consideration for the performer. Suchconsideration shall include length of service, work record, and seriousness ofviolation. The Company will make every effort to ensure the consistentapplication of the disciplinary section of this Agreement.

(B) Discipline. Discipline must be for just cause. The performer beingdisciplined shall be advised of his right to have the presence and advice of theEquity Business Representative, or if unavailable, an Equity Deputy, before anydisciplinary action or questioning for the purpose of such action is taken.

(C) Investigatory Suspensions. A performer may be suspended from work sothat the Company may complete a thorough investigation and review of analleged incident/offense. In circumstances where an investigatory suspensionextends beyond two weeks, a performer shall be paid on a weekly basis untilsuch time that the suspension is concluded and an employment decision isadministered by the Company. At the conclusion of the suspension, theperformer will receive one of the following:

(1) No discipline and a return to work with full back pay, or,


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(2) Verbal or written discipline in accordance with (D)(1) or (D)(2) below anda return to work with full back pay, or,

(3) Disciplinary suspension in accordance with (E) below, or,

(4) Termination in accordance with (G) below.

(D) Reprimands. In administering progressive disciplinary action, the Companywill make its determination based on the factors specified in 12(A) above:

(1) Verbal Reprimands. Verbal reprimands for less serious violations maybe given and should indicate that a reprimand is being administered relativeto a specific subject or subjects.

(2) Written Reprimands. Written reprimands may be given to an individualafter one verbal reprimand for the same type of offense or upon a singleoccurrence, when the offense is of a more serious nature, but not seriousenough to warrant immediate dismissal. Whenever the Company reduces areprimand to writing, it shall be signed by the Manager who will present anddiscuss the reprimand with the performer. A copy will also be submitted toEquity via certified US mail, e-mail or fax. It shall also be signed by theperformer, not in admission of the offense, but in acknowledgment that a

copy of the reprimand has been received by the performer. The disciplinedperformer may write a rebuttal to any written reprimand. Such rebuttal shallbe attached to and remain with the written reprimand for inclusion in theperformers personnel file. The written reprimand should briefly state thereasons for the reprimand, including dates of prior discipline, if any, issuedin the six month period prior to the offense for which the written reprimandnotice is given.

(E) Disciplinary Suspensions. A performer may be suspended without pay for aperiod not to exceed two weeks in lieu of termination. A suspension may beissued based on a single occurrence or may be part of a disciplinaryprogression. The parties recognize, however, that the use of suspension is nota mandatory component of the disciplinary progression.

(F) Disciplinary Duration. Verbal reprimands, written reprimands andsuspensions shall not be considered as a basis for further disciplinary actionafter 12 months from the date of issue.

(G) Terminations.

(1) Just Cause. Except as specified in Rules 11 and 12(G)(2), a performermay only be terminated for just cause, which includes, but is not limited tothe following:

(a) Insulting, arguing, being discourteous or using profane language in

the presence of a guest;

(b) Fighting at the WALT DISNEY WORLD RESORT, regardless of whoprovokes it;

(c) Falsification of records, such as medical forms, time cards oremployment applications;

(d) Using, being in possession of or being under the influence ofnarcotics, intoxicants, drugs or hallucinatory agents at any time duringthe work shift or reporting to work under such conditions;


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(e) Conviction of, or plea of guilty to, any morals charge, felony ormisdemeanor other than minor traffic offenses; acceptance of a pre-trialdiversion to any morals charge or felony;

(f) Violation of operating rules and procedures which may result indamage to Company property or in bodily injury to fellow performers orguests;

(g) Gambling during the work day;

(h) Dishonesty which is detrimental to the Company;

(i) Continued violation of the Company grooming policy;

(j) Unauthorized leave of absence or failure to return from a leave orvacation;

(k) Excessive tardiness or absenteeism;

(l) Three consecutive working days of unreported absence;

(m)Willful insubordination;

(n) Misconduct which is detrimental to the Company;

(o) Discrimination;

(p) Harassment due to race, color, creed, sex, age, national origin,religion, marital status, sexual orientation, or disability;

(q) An accumulation of three written reprimands within a 12 monthperiod.

(r) Possession of dangerous or unauthorized weapons, i.e., explosives,firearms, or similar items on Company property.

In all cases of Just Cause termination, the Company shall furnish in writingto the performer and to Equity the reasons for dismissal.

The Company reserves the right to administer appropriate disciplinary actionin those instances where a performer misrepresents to the Company hisinability to meet his scheduled shift due to personal illness or other reasons,but is determined to be working as a performer off property during saidscheduled shift. It is understood between the parties that in the event ofserious infractions of this provision, the Company reserves the right todischarge the performer, and Rule 12(G)(1)(h) above will be cited.

(2) Performance Related Terminations. A performer may be discharged forinability to perform in accordance with Company standards. The partiesagree that such problems must be addressed through a notice procedure.

(a) Step 1. The performer shall receive written notes from the ShowDirector, Choreographer, Conductor, Fight/Stunt Director or Coordinatoror Casting Manager. Immediate qualified assistance in correcting theperformance problem shall be made available by the Company.

(b) Step 2. If the problem is not corrected with Step 1, the performershall receive written notice, which must clearly state the nature of theproblem and specify a time period of no less than two weeks forcorrection of the problem. Qualified assistance shall continue to bemade available to the performer for the correction period.


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(1) A copy of the written notice shall also be served on Equity.

(2) The written notice shall be over the signature of the ShowDirector, Choreographer, Conductor, Fight/Stunt Director orCoordinator or Casting Manager and the appropriate member ofmanagement with the authority to terminate employment, and saidperson(s) signing the notice shall have seen the performer inperformance within one week prior to the date of the notice.

(c) Step 3. At the conclusion of the correction period, the performersperformance will be reviewed.

(1) If progress satisfactory to the Company has been made, theperformer will receive written confirmation of satisfaction, with acopy to Equity.

(2) If progress satisfactory to the Company has not been made, theperformer will receive written notice of termination, copy to Equity,without recourse to the grievance procedure and provided with thefollowing notice:

(a) two weeks notice under five years;

(b) three weeks notice after five years;

(c) four weeks notice after ten years.

13.CLOSE OF SHOW NOTICE.(A) The Company may close a show upon two weeks written notice, copy toEquity. Should the Company wish to retain any performer statused in saidshow, a new contract must be offered at the time the Close of Show notice isposted. No further contract having been offered, the performer shall be free toseek other employment and to engage in rehearsals for another show, saidactivities not interfering with the performance of his regular duties to theCompany.

(B) Should the Company close a show under Rule 13(A) it may not re-open theshow within an eight week period, unless all members of the cast (at time ofclosing) are offered employment under no lesser terms and conditions thanthose under which they left.

(C) Should the Company close a show under Rule 13(A), the performer shallreceive payment per rule 8(H)(1).

14.LAYOFF.

(A)(1) If economic conditions/operational requirements require a reduction inthe work force, the Company may layoff any performer with a minimum oftwo weeks written notice, copy to Equity. (See Rule 19(B)(8).)

Such layoffs will be by show at the sole discretion of Management.

(2) If a performer is laid off per rule 14(A)(1), the performer shall receivepayment per Rule 8(H)(1).


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(B) Performers shall have the option of receiving paid-out benefits at thebeginning of the layoff or at the expiration of the Individual EmploymentContract, if not recalled.

Performers recalled within one year of the effective date of a layoff will maintaintheir continuous service date for the purpose of Company benefits. Healthcoverage shall begin on the first day of the new Individual Employment Contract.

(C) Laid off performers shall be notified of recall by telephone two weeks prior to

the required start date. If the performer is not contacted by telephone, theCompany will send a certified letter to the performers address of record notifyinghim of recall and the required start date which shall not be less than ten workingdays from the date the letter is mailed. A copy of any such letter shall be mailedto Equity.

(D) A performer who notifies the Company he will not report to work or who failsto report for work as scheduled on recall from layoff shall be considered to havevoluntarily terminated his employment, unless such performer has notified theCompany of personal illness or a death in the immediate family, prior to the datehe was scheduled to report to work.


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SECTION III. SALARY AND BENEFITS

15.PAY DAY.All salaries, including overtime, will be paid no later than the Thursday of the weekfollowing the end of the work week being paid. The performer will receive, with suchsalary, a stub or other record of gross salary, itemized additions (e.g., overtime),itemized deductions (e.g., dues deductions, taxes and Social Security), and anotation of the reason for any additional payments such as costume rental fees.

If a performer believes he has not been paid properly, and no resolution is reachedwithin two weeks of bringing the issue to the attention of the appropriate manager,the performer will contact the Company designated representative for that location,who will promptly investigate the delay and communicate back to the performer.

16.PAY RATES.(A) Minimum Pay Rate.

As of

9/26/04 9/25/05 9/24/06 9/23/07

Chorus $12.06 $12.30 $12.55 $12.80

Chorus Stepping-Out /Principal

$13.52 $13.79 $14.07 $14.35

(B) Annual Increase. During the term of this agreement, all performers willreceive a minimum rate increase upon the renewal of their individualemployment contract as follows:

9/26/04 to 9/24/05 2.6%

9/25/05 to 9/23/06 2.5%

9/24/06 to 9/22/07 2.5%

9/23/07 to 9/20/08 2.5%

Non-contracted casuals will receive a 3% increase each year effective 9/26/04.

(C)Contract Completion Bonus.

For any individual employment contract that is 12 months or more in duration,the full time performer will be entitled to a bonus upon completion of the entire

term of the Individual Employment Contract.* The performer will receive thefollowing bonus for any contract that expires between the following dates:

9/25/04 to 9/23/05 $1,025.00

9/24/05 to 9/22/06 $1,075.00

9/23/06 to 9/21/07 $1,175.00

9/22/07 to 9/19/08 $1,225.00

* Applicable to contracted casuals on a prorated basis.


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(D) Minimum Guarantee.

(1) Regular Performance/Rehearsal Day - eight hours minimum.

(2) Four Hour Minimum. Calls on Scheduled Day Off or when there is abreak in pay from the scheduled work day - four hours paid at theappropriate rate for scheduling activities such as, but not limited to,performances, rehearsals, special event activities, administrative meetings,notes sessions, and wardrobe fittings.

(3) One-Half Hour Minimum Extensions. Extensions to Scheduled WorkDay will be paid in 1/2 hour increments either prior to or following thescheduled work day, or show value, whichever is greater, for schedulingactivities such as, but not limited to, performances, rehearsals, special eventactivities, administrative meetings, notes sessions, and wardrobe fittings.(Except as noted in Rule 30(I)(4)(c).)

(4) Overtime Option Notification. In the event overtime is scheduled beyondthe performers scheduled work day, the performer will be notified prior tothe conclusion of his work day whether overtime will be paid in accordancewith (2) or (3) above.

(E) Required Rates.

(1) A performer may be contracted for multiple rates of pay when associatedwith the performance of different roles/shows.

(2) A performer shall not receive less than his contractual rate of pay for anyhours worked as a performer.

(3) The Company may pro-rate pay in the initial week of employment if lessthan a full week.

(4) A performer who performs in a show to which he is not statused shall bepaid either his contractual rate or the lowest statused rate paid for that

classification/role in that show, whichever is higher.(5) Any employee who is not covered by Rule 2, RECOGNITION, whoappears in a job function covered by this Agreement shall be paid no lessthan the minimum rate paid for that role or job function.

(6) A performers contractual rate of pay cannot be lowered during the termof his Individual Employment Contract or in successive IndividualEmployment Contracts for the same classification in the same show. (Thisshall not apply to additional duty compensation if the performer no longerfunctions in the additional duty.) If a performer is offered a new contract fora different show at a lower rate, said performer is guaranteed his former

contractual rate of pay whenever substituting into his former show.(F) Additional Compensation.

(1) Lead. A Lead is involved with, but not limited to, the following activities:administrative functions, communication of Company and performanceinformation to the cast, show maintenance (e.g., brush-up rehearsals,emergency re-blocks and blocking notes), evaluation of performanceconditions and training. A Lead is not a manager and shall not be involvedin the administration of discipline. All performers who are designated as a


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Lead shall be paid additional compensation over and above their contractualrate, as follows:

9/26/04 9/25/05 9/24/06 9/23/07

$4.00 / hr $4.00 / hr $4.25 / hr $4.50 / hr

The above rate shall be combined with the performers contractual rate tobecome his actual hourly rate, subject to all overtime provisions.

(2) Dance Captain. Where there is choreography of such a nature that themaintaining of its original creative intent falls outside the duties of theEntertainment Manager or Lead, the Company will designate a DanceCaptain on the first day of rehearsal. A Dance Captain is involved with thefollowing activities as they pertain to dancers/performers: show maintenance(e.g., brush-up rehearsals, emergency re-blocks and performance notes),evaluation of performance conditions, and rehearsing newdancers/performers. All dancers/performers who are designated DanceCaptains shall be paid additional compensation over and above theircontractual rate, as follows:

9/26/04 9/25/05 9/24/06 9/23/07

$4.00 / hr $4.00 / hr $4.25 / hr $4.50 / hr


(3) Vocal Captain. Whenever three or more performers sing in harmony andmaintaining the original creative intent of the vocal arrangements fallsoutside the duties of an Entertainment Manager or Lead, the Company willdesignate a Vocal Captain. A Vocal Captain is involved with the followingactivities as they pertain to singers/performers: show maintenance (e.g.,brush-up rehearsals, emergency reassignments of vocal parts, andperformance notes), evaluation of performance conditions, and rehearsingnew singers/performers. All singers/performers who are designated VocalCaptains shall be paid additional compensation over and above theircontractual rate, as follows:

9/26/04 9/25/05 9/24/06 9/23/07

$4.00 / hr $4.00 / hr $4.25 / hr $4.50 / hr


(4) Fight/Stunt Captain. The Fight/Stunt Captain is involved with thefollowing activities as they pertain to Stunt Performers: show maintenance

(e.g., daily fight/stunt run-through, brush-up rehearsals, emergency re-blocks and performance notes), evaluation of performance conditions, andrehearsing and/or training new stunt performers. (See Rule 26(B).) Allperformers who are designated Fight or Stunt Captain shall be paidadditional compensation over and above their contractual rate, as follows:


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9/26/04 9/25/05 9/24/06 9/23/07

$4.00 / hr $4.00 / hr $4.25 / hr $4.50 / hr


(5) Any performer who performs two of the roles referenced above in (F)(1)-(4) shall be paid $1.25 per hour in addition to the appropriate premium rate.

All premiums will be subject to overtime provisions.(6) Swings. Swings shall be paid at the rate of 8% above their contractualrate of pay. Swing pay shall be paid to a performer other than a contractedSwing if the performer performs three or more tracks or roles in a single day.

(7) No Pyramiding of Rates. There will be no pyramiding of rates of pay forDance Captain, Vocal Captain, Lead, Fight/Stunt Captain and Swings. Incases of combinations of the foregoing, the highest rate shall prevail.

(8) Teacher/Coach.

(a) When a performer teaches or coaches another performer, withoutthe presence of a designated director or choreographer who participates

in the teaching process, then a premium in pay will be applied to hoursworked in the teacher/coach capacity, with the following exceptions:

(1) When all music, staging, choreography, direction, etc. is firstintroduced and taught by a designated director or choreographer.This remains true in the absence of the designated director orchoreographer in immediate subsequent rehearsals of the material.(Any show remounted after six months of non-performance will beconsidered a new show.)

(2) Any teaching of a different, but existing, track or role to anexisting member of the cast of that show.

(b) Hourly compensation will be calculated at the rate of 20% above thehighest paid person being coached or the teacher/coachs contractualrate of pay, whichever is higher. If a statused Dance Captain, VocalCaptain, Lead or Fight/Stunt Captain is being coached, the rate will be10% above the Captain or Leads statused rate. A statused DanceCaptain, Vocal Captain, Lead or Fight/Stunt Captain utilized in thisfashion will be paid 10% above his statused Lead or Captain rate or20% above the highest paid performer being coached (exclusive ofSwing pay) whichever is higher.

(9) Stunt Increment. All performers who participate in stunts shall be paid

the following stunt increment per performance in addition to their fullcontractual rate of pay. This rate shall be subject to overtime provisions forall performances for which time and one-half or double time are paid.


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9/26/04 9/25/05 9/24/06 9/23/07

$13.50 $13.50 $14.00 $15.00

17.SICK LEAVE.(A) Eligibility. All performers shall receive sick leave based on the number ofstraight-time hours worked from the date of hire to the end of the calendar yearin which hired and for each succeeding calendar year thereafter. Sick leave

earned in the first calendar year of service may not be used until nine months ofcontinuous service have elapsed from the date and in no event prior to thebeginning of the calendar year following the year in which employed. Aperformer reclassified from casual status to full-time status shall receive creditfor the number of straight time hours worked in that calendar year provided hecomplies with the eligibility requirements herein.

(B) The following formula shall apply for the accumulation of paid sick leavehours each calendar year:

Straight Time Hours Workedin Calendar Year

Earned SickLeave Hours

1800 48

1500 40

1200 32

900 24

600 16

300 8

(1) The maximum amount of sick leave that may be earned in one calendar

year is 48 hours. Unused sick leave may be accumulated up to a maximumof 160 work hours; any excess over this amount will be paid off at the end ofthe year. At the beginning of each calendar year, after the performer hascompleted the eligibility requirement, sick leave shall be made available forhis use during that calendar year based on the above-noted hour formula inthe prior calendar year.

(2) Sick leave shall be paid at the rate of pay in effect at the time sick leaveis requested by the performer. In order to be paid sick leave, the performermust file a request for payment on the appropriate form and submit the formto his manager. This must be done within three days after the performerreturns to work. In the event that three or more consecutive scheduledshifts of sick leave are applied for, the Company may request a writtenstatement from a physician certifying as to the nature and length ofperformers illness. However, the Company may require proof of illness inany case if desired, and a performer not furnishing such proof will not beentitled to sick leave pay. Performers will not be entitled to sick leave duringvacation or days on which they were not scheduled to work. In the event theperformer incurs a non-occupational illness while at work and is releasedfrom the completion of his scheduled shift by the Medical Department, theperformer may apply for sick leave covering the unworked balance of that


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(3) Performers on an authorized leave of absence of six days or longer arenot eligible for holiday pay.

(C) Personal Holidays.

Effective January 1 of each year of this Agreement, all performers with one ormore years of continuous service will be credited with three personal holidays.Performers with less than one year of service, and performers who are hired orconverted from a casual status to a full-time status after January 1, will be

credited with one personal holiday on each of the following posting dates: March1, June 1, and September 1. A performer must be statused as a full-timeperformer on the posting date to receive the personal holiday.

Personal holidays shall require two weeks advance notice for scheduling andshall be granted consistent with operational requirements.

Personal holidays will be scheduled and taken within the following provisions:

(1) Must be taken within the calendar year;

(2) May not be carried over from year-to-year, or paid off at time oftermination;

(3) Do not affect the use of sick leave days for personal time off;(4) Will be considered as time worked for the computation of overtime; and

(5) May only be taken in one full day increment.

(D) Holiday Pay When Holiday is Not Worked. Each performer will receive eighthours pay at the performers regular straight-time rate for each such holiday notworked.

(E) Holiday Pay When Worked. Each performer who works on a recognizedholiday, and who works his scheduled work day prior to and immediatelyfollowing the holiday worked, shall receive eight hours holiday pay plus his

straight-time rate for all hours worked in his scheduled work day.(F) Double-Time Pay for Hours Over Eight Worked on a Holiday. Double-timethe performers regular rate shall be paid for hours worked in excess of eight ona paid holiday.

(G) Holiday Pay Considered Time Worked for Computing Overtime. Pay for aholiday not worked shall be considered as time worked for purposes ofcomputing overtime, unless the holiday falls on one of the performers tworegularly scheduled days off or when a holiday falls during a vacation period.Pay for a holiday not worked shall not be used in computing overtime under the6th and 7th day provision contained in Rule 30(A)(6), Rehearsal andPerformance Work Rules.

(H) Holiday Pay for Holiday During Vacation. Should a holiday fall during theperiod of a performers vacation, the performer shall be granted an extra dayspay, or the performer may, at his option, schedule an additional day of vacation.

(I) Day Holiday is Observed. Recognized holidays shall be observed on thedate designated for observance by the Federal Government, except for:

New Years Day, which shall be observed on January 1st;Independence Day, which shall be observed on July 4th;and Christmas Day, which shall be observed on December 25 th.


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(J) No Holiday Pay for Performer Scheduled to Work Holiday and Who Does NotWork. A performer who is regularly scheduled to work on a recognized holidayand who does not work shall not receive holiday pay.

(K) Holiday Pay on Day Off When Worked. If a holiday worked falls on one ofthe performers two regularly scheduled days off, he shall receive eight hoursstraight-time holiday pay, plus the rate he would have received if it had not beena holiday.

(L) Holiday Starts at 8:00 A.M. on Holiday. For the purpose of computingovertime pay for work on a holiday, the 24 hour holiday period shall commenceat 8:00 A.M. on the holiday and terminate at 8:00 A.M. the following day.

(M)Contracted Casuals. Contracted casuals are not eligible for holiday pay, butwill be paid time and one-half for all hours worked on any of the seven coreholidays referenced in 18(A)(1).

(N) Non-Contracted Casuals. Non-contracted casuals are not eligible for holidaypay, but will be paid time and one-half for all hours worked on any of the sevencore holidays referenced in 18(A)(1).

19.VACATIONS.(A) Eligibility.

(1) All performers shall receive a vacation based on the number of hoursworked, from the date of hire to the end of the calendar year in which hired,and for each succeeding calendar year thereafter based upon the conditionsset forth in this Rule.

(2) Vacation earned in the first calendar year of service may not be useduntil nine months of continuous service has elapsed from date of hire, and inno event prior to the beginning of the calendar year following the year inwhich employed. Vacations thereafter shall be on a calendar year basis.

(3) A performer reclassified from casual status to full-time status shallreceive credit for the number of straight time hours worked in that calendaryear, provided he complies with the eligibility requirements in (1) and (2)above.

(4) Paid vacation will be credited as hours worked for accrual toward nextyears vacation allowance.


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(B) Vacation Accrual Formula.

(1) Two week vacation accrual formula:

Straight Time Hours Workedin Calendar Year

Paid VacationHours Earned

1800 80

1620 72

1440 64

1260 56

1080 48

900 40

720 32

540 24

360 16

180 8

(2) Performers will be eligible to take three weeks of vacation on January 1 stof the calendar year in which the sixth anniversary of continuous service willoccur. Three week vacation accrual formula:

Straight Time HoursWorked in Calendar Year


1800 120

1680 112

1560 104

1440 96

1320 88

1200 80

1080 72

960 64

840 56

720 48

600 40

480 32

360 24

240 16

120 8

(3) Performers will be eligible to take four weeks vacation on January 1st ofthe calendar year in which the 18th anniversary of continuous service occurs.Four week vacation formula:


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Straight Time HoursWorked in Calendar Year


1800 160

1710 152

1620 144

1530 136

1440 128

1350 120

1260 112

1170 104

1080 96

990 88

900 80

810 72

720 64

630 56

540 48

450 40

360 32

270 24

180 16

90 8

(4) Vacations are not cumulative and must be taken within the calendar yearthe performer becomes eligible to take his vacation. Vacations not usedwithin the calendar year in which the performer becomes eligible to take saidvacation shall be deemed to be lost.

In the event a performer is precluded from taking his vacation in thecalendar year in which it should have been taken due to operationalrequirements of the Company, said performer shall not lose the vacation,but shall be scheduled to take the vacation in the first calendar quarter of thefollowing year.

(5) The Company may not grant, nor the performer request, pay in lieu oftime off for vacation.

(6) Vacations will be paid at the straight time rate in effect at the time thevacation is taken.

(7) Due to the nature of the Companys operations and the requirement forspecific skills, vacations will be scheduled by the Company. Managementwill make every effort to accommodate vacation requests with the exceptionthat the Company reserves the right to schedule vacations when


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performance areas are closed for rehabilitation or refurbishing. In suchinstances, the Company will give the performer as much notice as possible,but in no case less than two weeks written notice of the assigned vacationdates. In the event the Company cancels a previously scheduled vacation,the Company will reimburse the performer for any documented directunavoidable losses (for example, the cost of non-refundable airline tickets).

(8) If a production cast is assigned a specific vacation period and anymember of the cast does not have sufficient earned paid vacation hours, theCompany may assign said performer to another performing job during thattime. In no case under these circumstances shall there be an unpaid layoffduring the term of the Individual Employment Contract.

(9) Vacation Requests. The performer shall give the Company six weekswritten notice of the dates of a requested vacation, which dates shall beapproved or not approved in writing by the Company within two weeks ofreceipt of the written request.

(10) Priority. Should two performers request the same vacation dates,priority will be given to the first request received. Performers with greaterseniority will be given preference in the event of a conflict of dates affecting

two or more performers, if requests are made at the same time. Senioritywill be determined by Company hire date.

(11) At Termination.

(a) All performers who have been continuously on the payroll for ninemonths or longer and who terminate their employment shall receivepayment for all unused and pro rata vacation hours based on thenumber of straight-time hours worked in accordance with the applicableforegoing formula. Where a performer who would otherwise be entitledto payment for vacation time under this Rule fails to give the requisitetwo weeks notice provided for under this Agreement, the amount of

vacation to be paid will be reduced by eight hours for each day short ofthe two weeks notice. Where the number of vacation hours to be paidis insufficient to allow for this reduction, the sick leave payout, if any,may be reduced in accordance with this same formula.

(b) The performer will not lose his pro rata vacation allowance in thecase of termination except if terminated for intoxication, dishonesty orillegal use or possession of controlled substances.

20.PENSION AND WELFARE.(A) Equity-League Pension Trust Fund Contributions.

(1) Effective January 29, 1995, the Company agrees to make pensioncontributions to the Equity-League Pension Trust Fund (the Fund) onbehalf of performers it employs within the jurisdiction of Actors EquityAssociation, at percentages set forth below. Accordingly, the Companyagrees to be bound by and hereby accepts the terms and conditions of theAgreement and Declaration of Trust, dated March 23, 1961, establishing theFund, including all its rules and regulations and any and all amendmentsand modifications thereto which may be adopted by its Trustees during theterm of this Agreement. Thus, the Company specifically acknowledges the


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terms of the Trust Agreement which are incorporated by reference andmade part hereto and agrees, when employing performers covered by thisAgreement within the jurisdiction of Actors Equity Association, to providereasonable access to all information that the Fund may require, and topermit the Fund to conduct an audit of the Companys payroll and wagerecords (at the Funds expense) to verify the accuracy of the contributionsmade.

(2) Contribution Rate. Effective September 26, 2004, the Company shallmake a contribution equal to 6.5% of all gross wages up to a maximum of 40straight-time hours per week on behalf of each covered performer. It isagreed that such gross wages shall include any stunt increment paid on thefirst 40 hours. Effective September 25, 2005, the contribution rate shall be6.75%. Effective September 24, 2006, the contribution rate shall be 7%.

(3) Contributions made to the Fund shall be paid over to the Funds officebefore the 15th day of the calendar month following the month for which thecontributions are made. The Company and Fund shall agree upon theappropriate information and form which shall be forwarded with thecontributions.

(B)Group Insurance.

(1) During the term of this Agreement, the Company will provide GroupInsurance coverage to all eligible performers as defined by this agreement,on the same basis as provided to employees covered under the ServiceTrades Council Union (STCU) Agreement. It is understood that all Equityperformers who participate in any Company sponsored plan(s) do so on thesame basis as STCU employees generally and that, therefore, futurechanges in such plans which are applicable to STCU employees generallyshall apply equally and automatically to performers covered under thisAgreement. By way of example, but not limitation, changes in such plan(s)

may include termination in accordance with the terms of the plan,substitution of, or merger with, another plan or part thereof, improvementsand modifications in the plan(s), creation of new plan(s), adjustments incontributions, etc.; all subject to the condition that where the changes applyequally to STCU employees generally, the Company will not be obligated tobargain with Equity.

(2) Eligible performers shall be defined as performers whose employmentstatus is full-time, as defined under this Agreement. Eligible performerscoverage shall become effective the first day of the month followingcompletion of 90 days continuous service. The entitlement to benefits underany particular plan shall be determined exclusively in accordance with the

plan terms and not by arbitration under this Agreement.(3) In the event that a national health care program is enacted, the partieswill meet to discuss the impact of the legislation.

21.LEAVES OF ABSENCE.(A) Temporary Leave of Absence. A performers request for a leave of absencenot to exceed 30 days will be granted for good cause, if the performers servicescan reasonably be spared. All leaves of absence will be granted in writing. Noleave of absence will be extended beyond 30 days except for compelling


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reasons. In the event that a non-medical leave exceeds 60 days, continuation ofthe performers health care coverage will be subject to COBRA.

(B) Leave to Accept Foreign Disney Employment. A performer accepting aposition with a foreign Disney Theme Park or licensee shall be entitled to a leaveof absence for a period not to exceed one year. During that period of time andprovided the performer has completed the probationary period of employment,service shall be deemed to be continuous for purposes of retaining (though notaccruing) eligibility for benefits. Should the performers leave of absence exceed60 days, continuation of the performers health care coverage shall be subject toCOBRA. A performer who is offered re-employment at the conclusion of hisleave of absence which has been for more than 60 days, but less than one year,will be returned at no less than the rate at which he left, provided he returns tothe same job classification.

(C) Medical Leave of Absence.

(1) A performer requesting a medical leave of absence must provide awritten statement from their personal physician documenting the reason forthe leave and the beginning date and estimated duration of the medicalleave. Medical leaves of absence will not be approved without appropriate

documentation.

(2) A performer who returns from medical leave of absence within one yearwill be returned to his prior position if available, or if that is not possible, in arole of a similar nature; or the performer may audition for a new role orshow.

(3) A performer who fails to return from medical leave of absence, or to seeka release to return to work from the medical leave of absence will beconsidered to have voluntarily terminated.

(4) A pregnant performer must provide a written statement from her personalphysician documenting any medication which might reasonably affect herability to perform her duties, work restrictions, and a designated date beyondwhich it is not satisfactory for her to continue working. A pregnant performermay continue employment as long as medically approved and her physicalappearance in the designated costume for her particular work location doesnot detract from the image of the costumes original theme design. TheCompany will find an alternative position for a performer who is displaceddue to costuming restrictions. Reasonable efforts will be made to place theperformer within entertainment, if work is legitimately available, beforeplacing the performer in a non-entertainment alternative position.

(D) Medical Leaves Exceeding One Year. Those performers who have

accumulated time on occupational or non-occupational medical leave ofabsence for more than 52 weeks will have their employment with the Companyterminated. The 52 week period is calculated on a cumulative, as opposed to aconsecutive, basis as outlined below:

(1) If a performer returns from medical leave and works less than 26consecutive working weeks and is subsequently returned to medical leave,the performer will continue to accrue time toward the 52 week cut-offdescribed above.


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(2) If a performer returns from medical leave and works for a minimum of 26consecutive working weeks, the performer will begin a new 52 week period.

(3) If a performer returns to work and subsequently returns to medical leavedue to an unrelated medical condition, the performer will begin a new 52week period.

(E) Leave for Compensable Injury. In the case of any performer on medicalleave as a result of an on-the-job compensable injury, service shall be deemed

to be continuous for purposes of retaining (though not accruing) eligibility forbenefits. A performer returning from a leave for compensable injury will beplaced in his original role or, if that is not possible, in a role of similar nature; orthe performer may audition for a new role or show. A full-time performerreturning from leave for compensable injury that exceeds three weeks will, uponrequest, be granted up to four hours of rehearsal prior to returning toperformance. During the rehearsal period, the Company may continue to assignthe performer to light duty to complete the eight hour day.

(F)Jury Duty Leave. All regular full-time performers are eligible for jury dutypay.

(1) The Company will pay a performer for his regularly scheduled work day,while serving on jury duty, provided such time shall not exceed eight hoursin any day or 40 hours in any payroll week. Performers shall not be eligibleto receive more than 20 days of jury duty pay in any calendar year.Deductions of jury duty fees will not be made unless service on the juryexceeds one week.

(2) If a performer is released from jury duty and four or more hours remain inhis scheduled work day, he is required to return to work that day.

(G)Funeral Leave. All regular full-time performers bereaved by the death of amember of their immediate family are granted time off with pay for timenecessary to travel to and from the funeral location and attendance at thefuneral.

(1) The deceased must have been a member of the immediate familyhousehold, such as spouse, child, mother, father, brother, sister, mother-in-law, father-in-law, grandparents, grandchildren or same-sex domesticpartners. If a closer than normal relationship existed between the performerand the deceased other than those named, consideration will be giventoward the granting of funeral leave pay.

(2) Funeral leave shall be paid up to a maximum of five days. Payment isavailable for scheduled work shifts which the individual misses due to traveltime and attendance at the funeral, and will be based on the performerscurrent rate. The relationship of the deceased and the location of the funeralmust be noted on the request for funeral leave pay status.

(3) A performer who is on an authorized leave of absence is not eligible forthis benefit, except that in the case of a performer who is on a leave ofabsence to care for a relative covered above, the performer will be eligiblefor funeral pay in the event of the death of that relative.


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(H) Family and Medical Leave Act of 1993. The parties agree that the terms andconditions of this Agreement shall not conflict with provisions of the Family andMedical Leave Act of 1993.


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SECTION IV. CONDITIONS

22.COSTUMES AND MAKE-UP.(A) Costumes. The Company shall furnish performers with all costumes andclothes, period or modern, including wigs, hats, beards, hairpieces, tights andfootwear. New hose, stockings, socks, bras, dance belts or equivalent shall beprovided by the Company if called for by the nature of the costume or theperformance conditions. Costumes shall be replaced upon signs of excessivewear. Said costumes remain the property of the Company and the performerwill be fully responsible for the proper treatment of the costume and shall notwear a costume or shoes off the WALT DISNEY WORLD RESORT premiseswithout proper authority.

(B)All costumes shall be available to the performer at least two days inadvance of first public performance. For new convention/f/special eventproductions, all costumes shall be available at least two days in advance of theperformance whenever possible. For all other convention/industrial shows, theCompany will make every effort to have costumes available at least one day inadvance of the performance.

(C) Cleaning. All wardrobe, including those items in Rule 22(A), shall be clean,dry and odor-free prior to each work day when given to a performer and cleanedthereafter whenever necessary as provided below:

(1) Cleaning of Costumes. Cleaning of costumes shall be completed insufficient time to permit proper airing and drying of costumes prior to showtime.

(2) Skin Parts Clean and Dry. Shirts, blouses, tights, bras, socks and otherskin parts shall be cleaned and dry daily prior to being given to theperformers, and the Company shall make every effort to issue dry shirts,blouses, tights and other skin parts before each show.

(3) Individually Assigned. Skin parts, including undergarments (excluding T-shirts and socks unless required by the performance), body suits, stockings,tights, dress shields, bathing suits and slips shall be individually assignedand shall not be switched from one performer to another.

(4) Props. Costumes, wigs, headgear, etc. utilized as props shall becleaned as necessary, but no less than every three months.

(D) Protective Wear. Prior to any activity that requires knee and elbow pads orprotective wear, the Company shall furnish new and properly fitted (i.e., small,medium or large) items for the exclusive use of the performer for all rehearsalsand performances.

(E) Swings, Understudies and Substitutes. Regular Swings, Understudies andSubstitutes shall have a full set of costumes, including shoes. Where substituteperformers do not have a full set of costumes, all costumes provided will befreshly cleaned before and after the performance day. A Substitute shall beprovided with properly fitted footwear and sanitary wigs. No performer shall berequired to wear a costume that has not been cleaned since its use by anotherperformer.

(F)Shoes. The Company shall provide the appropriate footwear for thelocation and tasks to be performed; clean, sanitary, of proper fit and in good


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repair. Shoes shall be individually assigned and shall not be switched from oneperformer to another. Shoes shall be replaced when their condition so warrants.Upon initial distribution to each performer, shoes will be new. For non-dancestaging or where there is minimal choreographed movement in convention

/special event shows only, novelty or specialty footwear* may be reassigned solong as the shoe still provides adequate support for the level of choreographyand provided it shall be cleaned and disinfected between use by differentperformers.

(*Examples of novelty or specialty footwear which may be used for minimalchoreographed movement are Wolverines, Doc Martens, Directors or ridingboots. Color coordinated pumps may be reissued only for non-dance staging.)

(1) Dance Footwear. All footwear used for dancing shall be new andproperly fitted professional dance shoes, and shall be furnished to theperformer at least one week prior to dress rehearsal, whenever possible. Allassigned footwear shall be appropriate for the choreographic requirements.Such footwear shall be flexible, rubbered and braced when necessary, andspecifically constructed for dance when used for contemporary theatremovement, i.e. classical ballet, modern, jazz, ethnic, etc. Footwear will bereplaced upon signs of tearing or excessive wear. During rehearsals theCompany shall provide pointe shoes for each performer assigned to dancein pointe shoes.

(2) New Shoes Issued. All new dance and tumbling footwear shall beissued to the performer one week prior to the current footwear being takenfor repair or replacement.

(3) Stunt Footwear. The Company will provide for all stunt performers,including tumblers, appropriate footwear which is designed to provideappropriate support and traction to reduce slippage on apparatus andmatting surfaces. Footwear should fit properly and will be replaced uponsigns of tearing or excessive wear.

(G) Masks. Masks, where required, shall be constructed to allow heat ventilationand so as not to unduly impair vision or breathing. Masks utilized inperformance other than Conventions and Special Events shall be individuallyassigned and shall not be switched from one performer to another. Masks shallbe fan-dried between performances and shall be cleaned and disinfected atleast once per week. When used for Conventions or Special Events, masksshall be cleaned and disinfected between use by different performers.

(H) Hats and Headgear.

(1) Hats and headgear shall be constructed to allow heat ventilation, and soas not to unduly restrict hearing or vision. Light-weight construction materialwill be utilized.

(2) Hats shall be individually assigned and not switched from one performerto another. Hats and headgear shall be cleaned and/or disinfected at leastonce a week. When used for conventions/special events, hats andheadgear shall be cleaned and disinfected between use by differentperformers.

(3) The Company shall consider performer requests to provide anappropriately themed hat for protection from the elements.


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(I) Costume Design and Weight.

(1) For those shows which are performed out of doors, the Company willprovide costumes of design and weight, or modifications thereof, appropriatefor the season.

(2) The Company will accommodate movement and ventilation requirementsin the design and construction of costumes.

(J) Hair.

(1) The performer may not be required to change the color of his hair unlessagreed to in writing. If the performer does so agree, the Company shallprovide and pay for the original expense of the color change and of the colormaintenance during the term of employment and of the restoration to theoriginal color at termination of employment. The Company, in its solediscretion, shall determine where the hair coloring and maintenance is done.

(2) In the event that the Company requires the performer to change his hairstyle, the Company shall provide and pay for the original expense of thechange. Maintenance of the new hair style, with the exception ofpermanents, shall be the responsibility of the performer during the term of

employment.

(3) Performers shall not change their hair color or style unless approved inadvance by the Company.

(K) Make-up. The Company shall furnish all make-up except ordinary andconventional street make-up. If the performer is required to use body make-up,the Company shall furnish appropriate remover and a fresh supply of towels.

(L) Wigs, Beards, Moustaches and Hairpieces.

(1) Wigs, beards, moustaches and hairpieces shall be individually assignedand shall not be switched from one performer to another. Wigs, beards,

moustaches and hairpieces shall be maintained on a daily basis andcleaned whenever necessary, but no less than once per week.

(2) Performers may do minor maintenance on a wig, beard, moustache orhairpiece before or between performances.

(M)Unit Acts. A performer or performers who are contracted as an individualunit act or a specific specialty may provide their own costumes, props andshoes appropriate to the act, provided the Company does not require anychanges or alterations in the existing costumes. Provisions for basic cleaningand repair of costumes shall be incorporated in the Individual EmploymentContract.

(N) Performers who are required to provide personal clothing to be worn during aperformance shall be paid the following amount per outfit per performance day:


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Casual Wear $15.00

Business, Evening and Formal Wear $30.00

Foot Wear $10.00

23.PROPERTY.The Company shall reimburse the performer for all loss and/or damage to the

performers property which is required by management to be used in connection withany production covered by the agreement. Lockers shall be provided, convenient tothe permanent dressing rooms, for the performers personal belongings.

24.SAFE AND SANITARY.It is in the best interest of both the Company and the performer to maintainperformance quality and to protect the health and well being of the performers.Therefore, the Company shall provide the performer with safe and sanitary placesand conditions of employment.

(A) Weather Conditions. The Company reserves the right to make the final

decision as to whether a show will go on as scheduled, but in making suchdecision, it will consider extreme weather, performance location conditions, andthe physical welfare of the performers.

(B) General Standards.

(1) Separate and clean dressing rooms and toilets for male and femaleperformers will be provided. These shall be separate from guest facilities atall permanent show facilities. For definitional purposes for this rule,"permanent" is defined as a facility in continuous use for 13 or more weeksand "temporary" is defined as a facility in continuous use for 12 weeks orless.

(2) The Company will provide separate shower facilities for men and womenwith hot and cold running water, which facilities shall be located in eachmajor Park/Resort area.

(3) Cleaning. All permanent green rooms, dressing rooms, toilets, andshower facilities shall be cleaned by Company cleaning staff as often asnecessary, but at least every other day. Waste baskets shall be emptieddaily as needed. Floors shall be washed or vacuumed at least once a week.Soft or padded furniture shall be shampooed no less than once every twomonths. Each performer shall be responsible for keeping his area orderly.

(4) Access. Alleys and roads leading to permanent performance and

rehearsal areas shall be accessible and properly lighted. Runways betweenpermanent dressing rooms and the stage shall be paved or boarded, clean,dry, and free of obstacles. If runways or paths between dressing/breakrooms and the performance space are not covered, umbrellas shall beissued. Dressing room entrances, windows and runways shall be properlymasked from outside view to insure the performers privacy.

(5) Fresh, chilled drinking water shall be provided at all rehearsal andperformance areas. Coolers and fountains shall be cleaned and maintainedregularly.


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(6) When operational necessity dictates the temporary reassignment ofdressing rooms, the performer will receive as much notice as possible of thereassignment and will receive assistance from management in making asmooth transition.

(C) Permanent Dressing Rooms at Show Location.

(1) Dressing rooms at regular show locations (except quick change booths)shall be of a permanent type, and shall not be under canvas. The Company

will provide dressing rooms for performers at or near performance locations.(2) Green Room/Break Room. A Green Room/Break Room will be providedfor each show, whenever possible. This room will be air conditioned, heatedand provided with adequate seating. The Company shall provide 24 houraccess to an outside telephone line.

(3) Lighting. Adequate peripheral lighting shall be provided for make-uppurposes. The use of fluorescent lighting is not acceptable for make-uppurposes.

(4) Ventilation. All dressing rooms shall be air conditioned or heated to acomfortable temperature. All vents and ceiling fans shall be cleaned on a

regular basis. In the event of a breakdown of the main equipment, theCompany shall immediately provide back-up devices in dressing rooms toinsure a healthful atmosphere. In the event of prolonged delay in repairs,the Company shall make available safe and sanitary dressing facilities at theperformance location. Such facilities may be portable.

Heating and ventilation systems shall be cleaned on a regular basis. TheCompany will also use such methods as are reasonably available to attemptto control mold and mildew.

(5) Standards. The Company will ensure that the following standards shallapply to all performance locations constructed after the initiation of this

Agreement:(a) Separate facilities shall be provided for male and female performerswith sinks and toilets in each facility, which shall be clean and sanitaryand will be separate from guest facilities;

(b) Toilets shall be in separate rooms or, if within

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