Extraordinary Risk Clause Samples
The Extraordinary Risk clause defines and addresses situations where risks exceed those normally anticipated in the course of an agreement or activity. It typically outlines what constitutes an extraordinary risk, such as natural disasters, acts of terrorism, or other unforeseeable events, and may specify which party bears responsibility or how losses are allocated in such cases. By clearly delineating these exceptional circumstances, the clause helps allocate risk between parties and ensures that both sides understand their obligations and protections when faced with unexpected, high-impact events.
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Extraordinary Risk. The term "Extraordinary Risk" shall be applied to a performance or technical rehearsal or Dress Rehearsal which entails one or more of the following high-risk feats for an ARTIST:
i. suspension from trapeze, wire or like contrivance more than four (4) feet above the stage floor;
ii. performing on moving platforms, or any apparatus which places the ARTIST's feet more than four (4) feet above the stage floor;
iii. operating explosive or pyrotechnic devices;
iv. handling fire or performing near or around fire;
v. any other form of high-risk feat endangering ARTIST(S) to injury as mutually determined by the Joint Committee and the EMPLOYER prior to the first performance;
vi. performing on stilts. Notwithstanding the foregoing, performing on any construction or apparatus built above the stage floor or orchestra pit, regardless of height, shall not be considered "Extraordinary Risk" if it is of such stability, width and protective danceability and having such railings as may be necessary so as to assure the safety of the ARTISTS as mutually determined by the Joint Committee. The Employer and AGMA delegates shall meet within two (2) weeks of the beginning of each season to review available information about the sets to be used for the upcoming season. At the monthly Joint Committee meeting immediately prior to the opening of a production, more specific detailed information about the set will be provided by the TWB Stage Manager (either in person or by conference call). At the first Tech Rehearsal, up to five (5) minutes prior to each set change shall be devoted to an inspection of the set by AGMA representatives and EMPLOYER staff. The Employer shall make every effort to remedy any potentially dangerous conditions affecting the “stability, width, and protective danceability” as mutually determined by the Joint Committee. If the condition(s) cannot be corrected prior to the run-through, ARTISTS shall modify the choreography as necessary to ensure their safety. No ARTIST shall be expected to perform in conditions that are potentially dangerous as described above. For each instance of Extraordinary Risk, the ARTIST shall be compensated at the rate of fifty dollars ($50) during the term of the Collective Bargaining Agreement for each technical rehearsal, each Dress Rehearsal and each performance. If the agreed upon conditions of Exhibit #2 and Exhibit #3 are met by the EMPLOYER, the use of sharp weapons, swords, and or other props used as weapons, shall not ordinaril...
Extraordinary Risk. (a) Any ARTIST involved in an "Extraordinary Risk" shall be compensated in accordance with the schedule set forth in Paragraph 12(a) for each on-stage rehearsal and/or performance which exposes that ARTIST to instances of one or more “Extraordinary Risks.” Dancers will receive a fee for each type of Extraordinary Risk (i.e. carrying a torch and climbing a wall would each earn an Extraordinary Risk fee). EMPLOYER and AGMA agree that no ARTIST shall be asked to perform any activity which is deemed unsafe, and all appropriate safety precautions will be taken for all activities.
(b) The following are situations which constitute items of "Extraordinary Risk:”
(1) Suspension from a trapeze, wire or like contrivance more than four
Extraordinary Risk. EMPLOYER will compensate each ARTIST for each Dress Rehearsal and Performance such ARTIST engages in one of the following elements, the Extraordinary Risk fee set forth in Section IV. A. of this Agreement:
1. suspension from trapeze, wire or like contrivance more than five (5) feet above stage floor.
2. performing on stilts or like devices which place artist’s feet more than five (5) feet above stage floor.
3. operating explosive or pyrotechnic devices.
4. handling fire or performing near or around fire.
5. When, as part of the production, use of water, liquid or any substance which makes the floor slippery.
6. Any other form of high-risk feat endangering ARTIST(S) to injury as mutually determined by the Joint Committee and EMPLOYER.
7. Notwithstanding the foregoing, performing on any construction or apparatus built above the stage floor or orchestra pit, regardless of height, shall not be considered Extraordinary Risk if it is of such stability, width and protective danceability and having such railings as may be necessary so as to assure the safety of the ARTISTs as mutually determined by the Joint Committee and EMPLOYER.
8. The use of sharp weapons, swords, and or other props used as weapons, shall not ordinarily be considered Extraordinary Risk, if the agreed upon conditions of the Health and Safety Regulation Addendum regarding this matter are met by EMPLOYER.
Extraordinary Risk. (1) If the Actor is called upon to perform acts of “extraordinary risk,” the Actor must agree in writing by means of a rider to his contract. This rider must identify the extraordinary risk(s) to which the Actor is exposed.
(2) “Extraordinary risks are defined as, but not limited to: performing acrobatic feats; suspension from trapezes, wires, or like contrivances; using or being exposed to weapons, fire, and/or pyrotechnic devices; and doing and/or taking dangerous leaps, falls, throws, catches, knee drops, or slides. The construction and/or design of the set itself may constitute an extraordinary risk. An Actor also shall be deemed to be engaging in extraordinary risk if the staging or choreography requires the Actor to execute movements which depart from the accepted techniques of movment and support as used in contemporary theatre dance, e.g., classical ballet, modern, modern jazz, ethnic, tap and soft shoe.
Extraordinary Risk. The term "extraordinary risk" shall be applied to a performance or on- stage technical rehearsal or dress rehearsal which entails one or more of the following high risk feats for an ARTIST:
1) suspension from trapeze, wire or like contrivance more than four (4) feet above stage floor;
2) performing on stilts or like devices which place ARTIST’s feet more than four (4) feet above stage floor;
3) operating explosive or pyrotechnic devices;
4) handling fire or performing near or around fire;
5) any other form of high risk feat endangering ARTIST(S) to injury as mutually determined by a local AGMA Committee and the EMPLOYER prior to the first performance. Notwithstanding the foregoing, performing on any construction or apparatus built above the stage floor or orchestra pit, regardless of height, shall not be considered "extraordinary risk" if it is of such stability, width and protective danceability and having such railings as may be necessary as to assure the safety of the ARTISTS as mutually determined by a local AGMA committee and the EMPLOYER. For each instance of Extraordinary Risk the ARTIST shall be compensated at the rate of forty-four dollars ($44.00) in the 1999/2000 season (7/1/99 6/30/00), forty-six ($46.00) in the 2000/2001 season (7/1/00 6/30/01), forty-nine dollars ($49.00) in the 2001/2002 season (7/1/01 6/30/02) for each on-stage technical rehearsal, each dress rehearsal and each performance. If the agreed upon conditions of Exhibit B [AGMA REGULATIONS FOR SAFETY WITH SWORDS AND/OR PROPS AS WEAPONS] are met by the EMPLOYER, the use of sharp weapons, swords and/or other props as weapons shall not ordinarily be considered "extraordinary risk." ▇▇▇▇ shall be provided during any rehearsal in which gymnastic moves are executed.
Extraordinary Risk i. If no mutually agreed upon proper and adequate precautions are taken, the following shall constitute "Extraordinary Risk:”
1. Operating explosive or pyrotechnic devices;
2. Handling fire or performing near or around fire;
3. Performing with any device which obscures vision.
ii. Notwithstanding the foregoing, performing on any construction orapparatus built above the stage floor or orchestra pit, regardless of height, shall not be considered "Extraordinary Risk" if it is of such stability, width and protective danceability and having such railings as may be necessary so as to assure the safetyof the ARTISTS as mutually determined by a local AGMA Committee and The ATLANTA BALLET.
iii. No apparatus will be utilized in the studio or on stage unlessperformance secure and thoroughly pre-tested in a manner which accurately simulates full weight load and distribution of the ARTIST(s) on or use by theARTIST(s) of the apparatus.
iv. If the agreed upon conditions of Exhibit 1 are met by The ATLANTA BALLET, the use of sharp weapons, swords, and/or other props used as weapons, shall not ordinarily be considered Extraordinary Risk.
v. The following constitute Extraordinary Risk:
1. suspension from trapeze, wire, or like contrivance where theARTIST'S feet are more than four (4) feet above stage floor;
2. performing on stilts or like devices which place ARTIST'S feetmore than four (4) feet above stage floor;
3. falling or landing on anything other than the ARTIST'S own feetfrom any surface above the stage floor (for example, rolling backwards down steps);
4. jumping from any surface more than four (4) feet above stage floor, even if the ARTIST lands on his/her own feet;
5. any other form of high risk feat endangering ARTIST(s) to injury as mutually determined by a local AGMA Committee and The ATLANTA BALLET prior to the first performance.
vi. An ARTIST who is required to and actually performs an Extraordinary Risk feat, as defined in subparagraphs (i) and (v) above, shall receive, in addition to his/her weekly compensation, the applicable Extraordinary Risk fee as specified in Paragraph 20 (c). Such fee shall be paid to an ARTIST foreach rehearsal in which he/she participates, in compensation for one or more run- throughs of Extraordinary Risk feat in such rehearsal and for each performance that the ARTIST performs the Extraordinary Risk feat.
vii. All ARTISTS necessary to the performance of the foregoing feats shall have adequate on-stage rehearsals of such feats.
Extraordinary Risk. (i) Extraordinary Risks" are defined as, but not limited to performing acrobatic feats; suspension from trapezes or wires or like contrivances; the use of or exposure to weapons, fire or pyrotechnic devices; or the taking of dangerous leaps, falls, throws, catches, knee drops, or slides.
(ii) An Actor shall also be deemed to be engaging in Extraordinary Risks if the staging or choreography requires the Actor to execute movements which depart from the accepted techniques of movement and support as used in contemporary theatre dance, i.e., classical ballet, modern, modern jazz, ethnic, tap and soft shoe.
(iii) Equity shall have the sole right, after meaningful consultation with Producer, to determine what constitutes Extraordinary Risk as defined herein, and may in its discretion order that such Risk be removed from the production.
Extraordinary Risk. “Extraordinary Risks” are defined as the performance of acrobatic feats; suspension from trapezes, wires, or like contrivances; the use of or exposure to weapons, fire, dangerous chemicals, or pyrotechnical devices; stage fighting; fencing, the taking of dangerous leaps, falls, throws, catches, knee drops or slides from or onto a level (floor, platform, or any other surface or device) where the difference in level is more than four (4) feet; and work on a rake. Within the sphere of dance the execution of choreography or staging which departs from those accepted techniques of movement and support used in dance (classical ballet, modern, jazz, ethnic or any other form of dance) is also defined as an Extraordinary Risk. There will be consultation between Equity, the Engager, Stage Management and the Deputies as to what constitutes an extraordinary risk.
(A) At the beginning of each Season the Engager, having consulted with Stage Management, will identify and inform CAEA with respect to which productions, with the exception of new productions, contain elements which are extraordinary risks. In the case of new works the Engager will identify and inform CAEA with respect to whether the production contains elements which are extraordinary risks as soon as is practicable after an element is identified as an extraordinary risk.
(B) When the Artist is called upon to render services involving “extraordinary risks” and is injured in the execution thereof, either during rehearsal or performance, and is consequently unable to rehearse or perform, the Artist shall receive full fee until the Artist is able to return to the company and resume their engagement or for a maximum period of five (5) years, whichever occurs first.
Extraordinary Risk. An ARTIST who is required to and performs an Extraordinary Risk feat, as defined in SECTION II.K, of this Agreement, shall receive, in addition to his weekly compensation, a payment according to the Additional Compensation Table in SECTION V.A.1 above for each Rehearsal on the performance stage and/or Performance involving the feat. For the purpose of compensation, the EMPLOYER shall pay ARTIST separately for each type of feat performed.
Extraordinary Risk. (1) An Actor may not be called upon to perform "extraordinary risk" unless the Actor agrees in a rider to the Actor’s contract, and is paid not less than $10 per week in addition to his contractual salary. Payments shall begin with the first day of rehearsal or when the act becomes “extraordinary risk,” whichever proves to be the initial period of risk.
(2) Extraordinary risk" is defined as, but not limited to: stage fighting; performing acrobatic feats; suspension from trapezes or wires or like contrivances; the use of inclined playing surfaces (i.e. raked stages, ramps, etc.), mobile scenery, excessive heights, unsecured and/or unprotected heights, weapons, fire, or pyrotechnic devices; the taking of dangerous leaps, falls, throws, catches, knee drops, or slides; participating in choreography potentially dangerous; or choreography requiring the dancer to execute movements which depart from the accepted techniques of movement and support as used in contemporary theatre dance, that is, classical ballet, modern, modern jazz, ethnic, tap and soft shoe; or performing on sets which are potentially dangerous.
(3) The Producer shall abide by Equity’s determination as to whether this extraordinary risk provision is applicable in any situation, and such determination shall be final. Equity's decision shall in no way reduce the Actor's right to proper insurance coverage under the provisions of this Rule nor to allow inherently dangerous conditions to exist. (See Rule 57(I)(6)(a), SAFE AND SANITARY CONDITIONS OF EMPLOYMENT.)