Theatre Design & Technology - Dec 1965 - 17

is not always enforceable by the ather side. If a is dependent on the court's interpretation. The
person under twenty-one enters into a binding agree- court wi II decide on the true meaning of what is
ment, the document shou Id be signed by his parent actually written. In this situation, technical and
or guardian.
trade words are given their respective meanings.
It is also important to remember that a contract only Ambiguous terms are construed against the party
binds the parties named by it, and the agreement who wrote the contract and selected the terms.
may only be accepted by the "offeree" named, or by The law will not enforce completion of an agreement
the person who holds his power of attorney (e.g., his which specifies an illegal act. Note that many
appointed agent).
trades require licenses before one may practice them.
Complet ion can be refused for un Iicen sed transII. MUTUAL AGREEMENT The law demands .that
actions. For example: if a college student allows
the acceptance of a legal offer constitute a complete
himself to be hired as a bona fide "electrician" to
"meeting of the minds." Both sides must have a
do a show's permanent wiring, and if the state in
chance to examine the provisions of the agreement.
which he works requires all electricians to be liThe resulting contract should be unqualified in the
censed, the manager may refuse to pay the novice.
sense that all details are accepted and thus binding.
The manager will certa in Iy refuse if he is forced to
The employer can even specify the method by which
tear out the i lIega I work and start aga in with a lia contract may be accepted. If he asks that the
censed worker - regardless of the quality of the
employee send his acceptance by telegram, as an
first job.
example, a written acknowledgment wi II not do.
One always settles the basic employment questions
Mutua I acceptance refers to rea I understand ing. If
before rehears a Is beg in. Every experienced theatre
the employee is placed under undue influence or
employee recognizes the production problems which
duress, if a mistake is made (such as the inclusion
erupt during the first few weeks - not to mention
of unknown illegal material), or if the subject of the
the ones which recur during an established run.
contract is disguised by fraud, the contract may be
Neither party can work effectively while he also
set aside.
worries about food, accommodations, and the like.
Unfortunately, the ideal of "real understanding" is
often hampered by semantic inadequac ies. A phrase
or word that means one thing to an employer may
have an entirely different interpretation for his
employee. It is not only difficult, but nearly impossible to write a contract covering every eventuality.
The employer is required to bring his offer to the
attention of the prospective employee in a clear and
obvious manner. However, once he has done this,
commun ication of the offer is pre sumed. Therefore,
if an employee signs the document without reading
it, the details are still binding.

III. CONSIDERATION In order for a contract to be
binding, something must be given and something must
be received; the subject of this requirement is called
"Consideration." Note that if consideration is
absent, the contract can not be enforced.
The subject can be in the form of money or real
services. However, the consideration must always
be legal in itself. Moral obligations do not make
legal consideration.

V. TIME
Time is particularly important to the
theatre employee. Every agreement shou Id therefore
contain detailed statements covering the working
hours, as well as the total employment period.
VI. FORM
Contracts for theatre work should be
written, they should be prepared with professional
aid, and they should not be changed without again
seeking legal help.
It is also generally understood that the employer
sign s the agreement fi rst. F ina lIy, there shou Id be
at least two copies of the resu Iting signed document: one for the employer and the other for his
employee. A contract with an original signature
should always be kept in a safe location; reproductions of it may be used for reference in the field.

CONTRACT PROVISIONS

The following samples
do not necessarily cover all the services of established unions. Certain benefits are available only to
union members, and are established in the union
working rules. The "Rules" may be published in a
booklet which is separate from the individual signed
contract. However, there is a Iways a statement in
the signed document which mentions the working
rules and states that they are an actual part of the
agreement.

The only time that the courts will void a contract
for insufficient consideration is where the amount
is so inadequate that it suggests fraud. If an employee signs a contract for $50 a week, and he later
refuses to work because he feels he should be making
$100, the court will probably decide against him Nor do these examples attempt to consider all the
and award damages to his employer. The question individua I problems of the various theatre arts
of adequate consideration, in almost every case, (dance, acting, design, etc .). They cover only a
is left up to the people who make the contract.
few general employment questions which are of
IV. SUBJECT MATTER The law states that sub- common interest to a II theatre employers and employees.
jects which are indefinite or vague do not create
the basis for accepting a contract. When the meaning Each article or sample, placed in the approximate
of a contract is in dispute, the effect of the contract location where it might be found in an actual docu-

DECEMBER 1965

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