Common use of Extraordinary Risk Clause in Contracts

Extraordinary Risk. EMPLOYER and AGMA agree that no ARTIST shall be asked to perform an activity which is deemed unsafe, and all appropriate safety precautions will be taken for all activities. The term "Extraordinary Risk" shall be applied to a performance, rehearsal, 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) handling live and/or loaded explosive or pyrotechnic devices (for example, fireworks, a device used to produce an explosion), licensed or unlicensed; (4) handling fire or performing near or around fire; (5) any other form of high risk feat endangering ARTISTS 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 to assure the safety of the ARTISTS as mutually determined by a local AGMA Committee and the EMPLOYER. For each instance of Extraordinary Risk mentioned above per three-hour segment, the ARTIST shall be compensated at the rate of $47.50 for each rehearsal, up to a maximum of $190.00. In addition, for each instance of Extraordinary Risk mentioned above per three-hour segment, the ARTIST shall be compensated at the rate of $47.50 for each on-stage technical rehearsal, each Dress Rehearsal and each performance. By way of example, the ARTIST shall receive a total of $47.50 regardless of how many explosive or pyrotechnic devices (an instance of extraordinary risk) the ARTIST has operated during the three-hour segment. However, if that same ARTIST also engages in a different instance of extraordinary risk (e.g. stilts) during that same three-hour segment, the ARTIST also shall receive an additional total of $47.50 for that different instance of extraordinary risk. Any incident of Extraordinary Risk that occurs outside of the above-referenced three-hour segments will be separately compensated as set forth above. Each ARTIST required to engage in flying incorporating either horizontal or vertical movement during any Rehearsal, shall be compensated at the rate of $54.00 per three (3) hour segment or fraction thereof, up to a maximum of $ 216.00. In addition, each ARTIST required to engage in flying incorporating either horizontal or vertical movement during any performance, On-Stage Technical Rehearsal or Dress Rehearsal shall be compensated at the rate of $54.00 per three (3) hour segment or fraction thereof of any performance, On-Stage Technical Rehearsal or Dress Rehearsal. If the agreed upon conditions of Exhibit #2 are met by the EMPLOYER, the use of sharp weapons, swords and/or other props used as weapons, shall not ordinarily be considered Extraordinary Risk. The EMPLOYER shall discuss situations involving extraordinary risk with the AGMA Delegates at the beginning of the rehearsal process. AGMA shall notify the EMPLOYER, in writing, within 24 hours after it becomes aware of the issue when the Company is in the theatre -- otherwise within two (2) working days in all other circumstances, of its position that a particular feat merits extraordinary risk compensation. The EMPLOYER and the Local AGMA Committee promptly shall meet at a mutually convenient time to discuss the matter, but no later than one (1) working day after the EMPLOYER receives AGMA'S written notification. Should the EMPLOYER and the Local AGMA Committee not mutually agree on whether a particular feat merits extraordinary risk compensation and the EMPLOYER does not modify or remove the particular feat at issue, the matter shall be presented to an impartial panel for determination. The parties will endeavor to obtain the services of the impartial panel members on a volunteer basis. However, in situations where the services of any or all of the members cannot be volunteered, the parties will endeavor to obtain such services at a reasonable cost. The impartial panel shall consist of: (1) the EMPLOYER'S Athletic Trainer, or their designee -- who shall have similar experience and qualifications; (2) the technical director at the Xxxxxxx Theatre or Music Hall, or their designee -- who shall have similar experience and qualifications; and (3) a member to be selected by the EMPLOYER, who has no affiliation with the EMPLOYER. Should the member of the panel selected by the EMPLOYER require a fee for services, no such fee will be authorized or paid until mutually agreed upon by AGMA and the EMPLOYER. The impartial panel, respective schedules permitting, promptly shall meet and view (if applicable) the matter at issue. Both AGMA and the EMPLOYER may present their respective positions to the impartial panel orally or in writing. The impartial panel, based on majority rule, shall then make a final and binding decision which shall not be subject to the parties' grievance and arbitration procedure. Additionally, any costs incurred by the panel shall be shared equally by both AGMA and the EMPLOYER. If the panel decides that a particular feat merits extraordinary risk compensation, the EMPLOYER has two options: (A) pay the applicable retroactive and/or any future extraordinary risk compensation; or (b) modify the feat so it no longer is at issue or remove the feat at issue. Any such modifications would be subject to the impartial panel's review and determination. Any execution of the feat prior to modification, however, shall be paid for at the applicable extraordinary risk compensation rate.

Extraordinary Risk. EMPLOYER and AGMA agree that no ARTIST shall be asked to perform an activity which is deemed unsafe, and all appropriate safety precautions will be taken for all activities. The term "Extraordinary Riskextraordinary risk" shall be applied to a performance, rehearsal, performance or on- stage technical rehearsal or Dress Rehearsal 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 ’s feet more than four (4) feet above stage floor; (3) handling live and/or loaded operating explosive or pyrotechnic devices (for example, fireworks, a device used to produce an explosion), licensed or unlicenseddevices; (4) handling fire or performing near or around fire; (5) any other form of high risk feat endangering ARTISTS 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 Riskextraordinary risk" if it is of such stability, width, 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 committee and the EMPLOYER. For each instance of Extraordinary Risk mentioned above per three-hour segment, the ARTIST shall be compensated at the rate of forty-four dollars ($47.50 for each rehearsal44.00) in the 1999/2000 season (7/1/99 6/30/00), up to a maximum of forty-six ($190.00. In addition46.00) in the 2000/2001 season (7/1/00 6/30/01), for each instance of Extraordinary Risk mentioned above per threeforty-hour segment, nine dollars ($49.00) in the ARTIST shall be compensated at the rate of $47.50 2001/2002 season (7/1/01 6/30/02) for each on-stage technical rehearsal, each Dress Rehearsal dress rehearsal and each performance. By way of example, the ARTIST shall receive a total of $47.50 regardless of how many explosive or pyrotechnic devices (an instance of extraordinary risk) the ARTIST has operated during the three-hour segment. However, if that same ARTIST also engages in a different instance of extraordinary risk (e.g. stilts) during that same three-hour segment, the ARTIST also shall receive an additional total of $47.50 for that different instance of extraordinary risk. Any incident of Extraordinary Risk that occurs outside of the above-referenced three-hour segments will be separately compensated as set forth above. Each ARTIST required to engage in flying incorporating either horizontal or vertical movement during any Rehearsal, shall be compensated at the rate of $54.00 per three (3) hour segment or fraction thereof, up to a maximum of $ 216.00. In addition, each ARTIST required to engage in flying incorporating either horizontal or vertical movement during any performance, On-Stage Technical Rehearsal or Dress Rehearsal shall be compensated at the rate of $54.00 per three (3) hour segment or fraction thereof of any performance, On-Stage Technical Rehearsal or Dress Rehearsal. If the agreed upon conditions of Exhibit #2 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 used as weapons, weapons shall not ordinarily be considered Extraordinary Risk. The EMPLOYER shall discuss situations involving "extraordinary risk with the AGMA Delegates at the beginning of the rehearsal process. AGMA shall notify the EMPLOYER, in writing, within 24 hours after it becomes aware of the issue when the Company is in the theatre -- otherwise within two (2) working days in all other circumstances, of its position that a particular feat merits extraordinary risk compensation. The EMPLOYER and the Local AGMA Committee promptly shall meet at a mutually convenient time to discuss the matter, but no later than one (1) working day after the EMPLOYER receives AGMA'S written notification. Should the EMPLOYER and the Local AGMA Committee not mutually agree on whether a particular feat merits extraordinary risk compensation and the EMPLOYER does not modify or remove the particular feat at issue, the matter risk." Xxxx shall be presented to an impartial panel for determination. The parties will endeavor to obtain the services of the impartial panel members on a volunteer basis. However, provided during any rehearsal in situations where the services of any or all of the members cannot be volunteered, the parties will endeavor to obtain such services at a reasonable cost. The impartial panel shall consist of: (1) the EMPLOYER'S Athletic Trainer, or their designee -- who shall have similar experience and qualifications; (2) the technical director at the Xxxxxxx Theatre or Music Hall, or their designee -- who shall have similar experience and qualifications; and (3) a member to be selected by the EMPLOYER, who has no affiliation with the EMPLOYER. Should the member of the panel selected by the EMPLOYER require a fee for services, no such fee will be authorized or paid until mutually agreed upon by AGMA and the EMPLOYER. The impartial panel, respective schedules permitting, promptly shall meet and view (if applicable) the matter at issue. Both AGMA and the EMPLOYER may present their respective positions to the impartial panel orally or in writing. The impartial panel, based on majority rule, shall then make a final and binding decision which shall not be subject to the parties' grievance and arbitration procedure. Additionally, any costs incurred by the panel shall be shared equally by both AGMA and the EMPLOYER. If the panel decides that a particular feat merits extraordinary risk compensation, the EMPLOYER has two options: (A) pay the applicable retroactive and/or any future extraordinary risk compensation; or (b) modify the feat so it no longer is at issue or remove the feat at issue. Any such modifications would be subject to the impartial panel's review and determination. Any execution of the feat prior to modification, however, shall be paid for at the applicable extraordinary risk compensation rategymnastic moves are executed.

Extraordinary Risk. EMPLOYER and AGMA agree that no ARTIST shall be asked to perform an activity which is deemed unsafe, and all appropriate safety precautions will be taken for all activities. The term "Extraordinary Riskextraordinary risk" shall be applied to a performance, rehearsal, on- stage technical rehearsal or each ARTIST’s performance and final Dress Rehearsal which entails one (1) 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 ’s feet more than four (4) feet above stage floor; (3) handling live and/or loaded operating explosive or pyrotechnic devices (for example, fireworks, a device used to produce an explosion), licensed or unlicenseddevices; (4) handling fire or performing near or around fire; (5) Mother Xxxxxx in Xxxxxxxxxx’x The Nutcracker; In the event the ARTIST does not receive a final Dress Rehearsal for any role in Nutcracker in which Extraordinary Risk is involved, EMPLOYER will compensate such ARTIST the Extraordinary Risk fee for the ARTISTS’ final rehearsal in which such feat is performed; 6) dancing in or with water on the stage surface; 7) any other form of high risk feat endangering ARTISTS ARTIST(S) to injury as mutually determined by a local AGMA Joint Committee and the EMPLOYER prior to the first (1st) 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 Riskextraordinary risk" if it is of such stability, width, 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 Joint Committee and the EMPLOYER. For each instance feat of Extraordinary Risk mentioned above per three-hour segmentduring a performance or final Dress Rehearsal, the ARTIST shall be compensated at the rate of $47.50 for each rehearsal, up to a maximum of $190.00. In addition, for each instance of Extraordinary Risk mentioned above per three-hour segment, the ARTIST shall be compensated at the rate of $47.50 for each on-stage technical rehearsal, each Dress Rehearsal and each performance. By way of example, the ARTIST shall receive a total of $47.50 regardless of how many explosive or pyrotechnic devices (an instance of extraordinary risk) the ARTIST has operated during the three-hour segmentas specified in Paragraph 23(a). However, if that same as a part of a Dress Rehearsal, an ARTIST also engages in may rehearse a different instance specific feat beyond what is considered to be part of extraordinary risk (e.g. stilts) during that same three-hour segment, what the ARTIST also is required to do during the course of an uninterrupted Performance, without receiving more compensation than they will receive for subsequent Performances. EMPLOYER shall receive not unreasonably deny an additional total of $47.50 for that different instance of extraordinary risk. Any incident of ARTIST an opportunity to rehearse an Extraordinary Risk that occurs outside feat at ARTIST’s request. Prior to the commencement of each season EMPLOYER shall give AGMA Delegates a list (to the above-referenced three-hour segments will be separately compensated as set forth above. Each ARTIST required to engage in flying incorporating either horizontal or vertical movement during any Rehearsal, shall be compensated at extent known) of all Extraordinary Risk feats expected for the rate of $54.00 per three (3) hour segment or fraction thereof, up to a maximum of $ 216.00. In addition, each ARTIST required to engage in flying incorporating either horizontal or vertical movement during any performance, On-Stage Technical Rehearsal or Dress Rehearsal shall be compensated at the rate of $54.00 per three (3) hour segment or fraction thereof of any performance, On-Stage Technical Rehearsal or Dress Rehearsalupcoming season. If the agreed upon conditions of Exhibit #2 C [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 used as weapons, weapons shall not ordinarily be considered Extraordinary Risk. The EMPLOYER shall discuss situations involving "extraordinary risk with the AGMA Delegates at the beginning of the rehearsal process. AGMA shall notify the EMPLOYER, in writing, within 24 hours after it becomes aware of the issue when the Company is in the theatre -- otherwise within two (2) working days in all other circumstances, of its position that a particular feat merits extraordinary risk compensation. The EMPLOYER and the Local AGMA Committee promptly shall meet at a mutually convenient time to discuss the matter, but no later than one (1) working day after the EMPLOYER receives AGMA'S written notification. Should the EMPLOYER and the Local AGMA Committee not mutually agree on whether a particular feat merits extraordinary risk compensation and the EMPLOYER does not modify or remove the particular feat at issue, the matter risk." Xxxx shall be presented to an impartial panel for determination. The parties will endeavor to obtain the services of the impartial panel members on a volunteer basis. However, provided during any rehearsal in situations where the services of any or all of the members cannot be volunteered, the parties will endeavor to obtain such services at a reasonable cost. The impartial panel shall consist of: (1) the EMPLOYER'S Athletic Trainer, or their designee -- who shall have similar experience and qualifications; (2) the technical director at the Xxxxxxx Theatre or Music Hall, or their designee -- who shall have similar experience and qualifications; and (3) a member to be selected by the EMPLOYER, who has no affiliation with the EMPLOYER. Should the member of the panel selected by the EMPLOYER require a fee for services, no such fee will be authorized or paid until mutually agreed upon by AGMA and the EMPLOYER. The impartial panel, respective schedules permitting, promptly shall meet and view (if applicable) the matter at issue. Both AGMA and the EMPLOYER may present their respective positions to the impartial panel orally or in writing. The impartial panel, based on majority rule, shall then make a final and binding decision which shall not be subject to the parties' grievance and arbitration procedure. Additionally, any costs incurred by the panel shall be shared equally by both AGMA and the EMPLOYER. If the panel decides that a particular feat merits extraordinary risk compensation, the EMPLOYER has two options: (A) pay the applicable retroactive and/or any future extraordinary risk compensation; or (b) modify the feat so it no longer is at issue or remove the feat at issue. Any such modifications would be subject to the impartial panel's review and determination. Any execution of the feat prior to modification, however, shall be paid for at the applicable extraordinary risk compensation rategymnastic moves are executed.

Extraordinary Risk. EMPLOYER i. If no mutually agreed upon proper and AGMA agree that no ARTIST adequate precautions are taken, the following shall be asked to perform an activity which is deemed unsafe, and all appropriate safety precautions will be taken for all activities. The term constitute "Extraordinary Risk" shall be applied to a performance, rehearsal, 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) handling live and/or loaded . Operating explosive or pyrotechnic devices (for example, fireworks, a device used to produce an explosion), licensed or unlicenseddevices; (4) handling 2. Handling fire or performing near or around fire; (5) 3. Performing with any other form of high risk feat endangering ARTISTS to injury as mutually determined by a local AGMA Committee and the EMPLOYER prior to the first performancedevice which obscures vision. ii. Notwithstanding the foregoing, performing on any construction or apparatus 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, width and protective danceability and having such railings as may be necessary so as to assure the safety of safetyof the ARTISTS as mutually determined by a local AGMA Committee and The ATLANTA BALLET. iii. No apparatus will be utilized in the EMPLOYER. For each instance of Extraordinary Risk mentioned above per threestudio or on stage unlessperformance secure and thoroughly pre-hour segment, the ARTIST shall be compensated at the rate of $47.50 for each rehearsal, up to a maximum of $190.00. In addition, for each instance of Extraordinary Risk mentioned above per three-hour segment, the ARTIST shall be compensated at the rate of $47.50 for each on-stage technical rehearsal, each Dress Rehearsal and each performance. By way of example, the ARTIST shall receive a total of $47.50 regardless of how many explosive or pyrotechnic devices (an instance of extraordinary risk) the ARTIST has operated during the three-hour segment. However, if that same ARTIST also engages tested in a different instance of extraordinary risk (e.g. stilts) during that same three-hour segment, the ARTIST also shall receive an additional total of $47.50 for that different instance of extraordinary risk. Any incident of Extraordinary Risk that occurs outside manner which accurately simulates full weight load and distribution of the above-referenced three-hour segments will be separately compensated as set forth above. Each ARTIST required to engage in flying incorporating either horizontal ARTIST(s) on or vertical movement during any Rehearsal, shall be compensated at use by theARTIST(s) of the rate of $54.00 per three (3) hour segment or fraction thereof, up to a maximum of $ 216.00. In addition, each ARTIST required to engage in flying incorporating either horizontal or vertical movement during any performance, On-Stage Technical Rehearsal or Dress Rehearsal shall be compensated at the rate of $54.00 per three (3) hour segment or fraction thereof of any performance, On-Stage Technical Rehearsal or Dress Rehearsalapparatus. iv. If the agreed upon conditions of Exhibit #2 1 are met by the EMPLOYERThe ATLANTA BALLET, the use of sharp weapons, swords 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 EMPLOYER 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 discuss situations involving extraordinary risk with the AGMA Delegates at the beginning of the rehearsal process. AGMA shall notify the EMPLOYERreceive, in writing, within 24 hours after it becomes aware of the issue when the Company is in the theatre -- otherwise within two (2) working days in all other circumstances, of its position that a particular feat merits extraordinary risk compensation. The EMPLOYER and the Local AGMA Committee promptly shall meet at a mutually convenient time addition to discuss the matter, but no later than one (1) working day after the EMPLOYER receives AGMA'S written notification. Should the EMPLOYER and the Local AGMA Committee not mutually agree on whether a particular feat merits extraordinary risk compensation and the EMPLOYER does not modify or remove the particular feat at issue, the matter shall be presented to an impartial panel for determination. The parties will endeavor to obtain the services of the impartial panel members on a volunteer basis. However, in situations where the services of any or all of the members cannot be volunteered, the parties will endeavor to obtain such services at a reasonable cost. The impartial panel shall consist of: (1) the EMPLOYER'S Athletic Trainer, or their designee -- who shall have similar experience and qualifications; (2) the technical director at the Xxxxxxx Theatre or Music Hall, or their designee -- who shall have similar experience and qualifications; and (3) a member to be selected by the EMPLOYER, who has no affiliation with the EMPLOYER. Should the member of the panel selected by the EMPLOYER require a fee for services, no such fee will be authorized or paid until mutually agreed upon by AGMA and the EMPLOYER. The impartial panel, respective schedules permitting, promptly shall meet and view (if applicable) the matter at issue. Both AGMA and the EMPLOYER may present their respective positions to the impartial panel orally or in writing. The impartial panel, based on majority rule, shall then make a final and binding decision which shall not be subject to the parties' grievance and arbitration procedure. Additionally, any costs incurred by the panel shall be shared equally by both AGMA and the EMPLOYER. If the panel decides that a particular feat merits extraordinary risk his/her weekly compensation, the EMPLOYER has two options: applicable Extraordinary Risk fee as specified in Paragraph 20 (A) pay the applicable retroactive and/or any future extraordinary risk compensation; or (b) modify the feat so it no longer is at issue or remove the feat at issuec). Any such modifications would be subject to the impartial panel's review and determination. Any execution of the feat prior to modification, however, Such fee shall be paid to an ARTIST foreach rehearsal in which he/she participates, in compensation for at one or more run- throughs of Extraordinary Risk feat in such rehearsal and for each performance that the applicable extraordinary risk compensation rateARTIST 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.