Contract Talk - Important Items to Have In Writing

My current contract with Company C Contemporary Ballet

I don't quite understand why, but most dance contracts that don't fall under the union umbrella are often pitifully executed when it comes to protections for dancers and, even, the employer themselves. Perhaps, low funding prevents companies from hiring lawyers to construct appropriate language. Or maybe there aren't enough people on staff to find the time to craft a proper contract. Whatever the reasoning may be, it is important to know what you really need to have written into an agreement as an independent contractor.

Sometimes, it can be an uphill battle getting a potential employer to put everything you need into writing. No matter what, it is important that you remain patient and get everything written in that you require. Without having all of your needs recorded, an organization is not bound to follow through with any requests beyond the provisions stated in the signed contract.

Most dancers haven't had much experience in contract negotiation and don't even realize what is important to them until they find themselves in a predicament. Since I have experience in both negotiating an AGMA contract and many of my own personal contracts, I would like to share specific items that I have found important to maintaining my comfort, a positive attitude, and protecting my body and pocketbook.


- Dancer fee:

You should always have your fee (salary) and the expectations of the roles you will be paid for written into a contract. If a company is performing a triple bill and a dancer is hired to perform in one piece, that needs to be written. If the dancer is being paid a flat-rate for whatever the needs of the company are, that needs to be in writing. I have seen multiple instances where a dancer is brought in to perform one role, then asked to learn another part. More often than not, the fee should be re-negotiated. If the employer says, "Don't worry...I will take care of you," your idea of being taken care of may differ from theirs. To avoid souring the relationship and maintaining respect, get the new rate in a new contract.

- Accommodations, Transportation, and Per Diem:

These items are an absolute necessity. Are you staying in a hotel or with a host family? If you are staying with a host, will you have your own room and bathroom? Are you being flown in? Will you be given a rental car to get around? Will you be responsible for gas? What about meal money? All of these items are pertinent to have in an agreement. Most of the time these things are taken care of without question. But if something goes wrong, you need to know that the company will find a reasonable fix. (Keep in mind that a dancer's culture and idea of appropriate may be different from the one they are being brought into.)

If you were supposed to stay with a host family and that falls through, a motel down the street from a strip joint isn't a reasonable replacement. I know a dancer that had to sleep on an air mattress in a common area of a house after the company lost their hotel sponsorship. Most companies forget that part of transporting an artist on-site is paying for their luggage. A dancer could bring only a carry-on if they didn't have to pack all of their dance clothes. It is the company's responsibility to pay for baggage (within reason). To ensure this is covered, put it in writing. If a dancer is housed far from the studios and given a rental car, should they have to pay for the gas to and from work? Again, know what you are getting yourself into.

- Rehearsal Schedules:

I have danced with many, many companies. And let me tell you, every company has a different idea of what constitutes a rehearsal week. Some companies only have one day off per week. Other companies change the schedule at the drop of a hat. At times, I have had 3 hours of rehearsal a day. While some organizations have had 8 hours of work daily. If you feel it is unreasonable to work 9 days in a row, make sure you have the work schedule written into the contract. Generally, I think that 2 days off a week (during rehearsal weeks) and 6 hours a day (not including warmup) is reasonable. Just make sure that a lunch break is afforded and that there is limited flexibility.

For some reason, directors tend to think that their stress and panic is more important than a dancer's ability to rest their hard-working bodies. I have experienced a panicked director adding an extra day of rehearsal or skipping lunch with little notice. If a schedule is put in the contract, the dancer has more control to say yes or no if asked to go beyond a reasonable work schedule.

- Non-dance expectations:

A few years ago, I was dancing at a Nutcracker gig in the middle of my season and performing an exhaustive 6 shows as Cavalier in one weekend. I was approached during the intermission of the first show by the director with a request. "We usually have the leads do a meet-and-greet after each show." I was already exhausted from performing the week before, traveled on my only day off, and performed in 2 dress rehearsals. The director was essentially asking me to add six more tasks to my workload. The next day I was, again, approached during intermission to come to a gala dinner event that same night. While it was their expectation of me to complete these job tasks, I wasn't made aware of these items.

Be sure to ask if there are any events, non-theatre performances, open rehearsals, etc. that will be expected of you. I always say that a dancer is much less likely to be a happy dancer if they are caught off guard with situations that they don't have any say in.

Also, if you are given a rental car, be sure that you you understand your responsibilities. I have been expected to transport other dancers during my time on-site.

- Footage and Photographs:

One of my favorite thing about being a freelance dancer is the access I have to performance footage and photographs. Few jobs that I have taken maintain copyrights on choreography and most have somebody taking photographs. During my 7 years at Pacific Northwest Ballet, I was rarely captured in any stunning photographs and had specific limitations to the footage I could access. In my nearly 3 years of freelancing, I have received an exponentially greater record of my dance career. To ensure that you receive copies of performances, get it in writing.

- Injury:

I struggle with getting this one into a contract. Being a dancer, I will knock-on-wood the moment the word is spoken. Nonetheless, it is important to have a backup plan in writing. While this is more important to the employer than the dancer, it can still benefit the dancer greatly. Different ideas are how a replacement will be found and how much a dancer will be compensated for the work already completed.

- Partner:

If you will be dancing with a partner, especially if you are male, it is important to know that you will be dancing with a partner that is a reasonable size for you (height and weight). A man that is 5' 8'' should not be expected to partner a woman that is 5' 9''. This is unlikely to be written directly into a contract (though it can be), but a conversation should definitely be had about this subject (in writing via email for your records).

While I love dancing w/Lindsi Dec (freshly minted PNB Principal), we're the same height

- Extras:

Additional items you may want to have written into a contract may include comp tickets, teaching company class or in the school, expectations of taking company warm up, company logo wear, gym memberships, yoga classes, physical therapy, and anything else that may be a reasonable request. 

Working alongside Nora Heiber, AGMA National Dance Executive, negotiating Pacific Northwest Ballet's contract

While most dancers hope that each of their gigs go off without a hitch, that is not always the case. More often than not, everybody leaves after a performance feeling pleased with the end result. But even in the best situations, small details can derail a very positive experience. Be sure to protect yourself, whether you are a dancer or an employer. The first job an employer has is to put a production onstage. In our world of art, where financial struggle is common, unfortunately, dancers are often the first to suffer when money gets tight. When putting on a production gets stressful, a director's first thoughts may not be about a dancer's needs and health. Lastly, while you may make a request that you would like to have in writing, it doesn't always show up in the final document. Be sure to read your contract completely to ensure that everything you discussed is in writing.

Is there anything that I missed that you feel is important to get in writing?

Finding your comforts in a hotel

Unless you live and freelance only in New York City, a majority of the freelancing that dancers do takes them away from home. Sometimes, you will stay with a host family. At other times, like I am right now, you will be put in a hotel for weeks at a time. While staying in a hotel sounds fun, exotic, and vacation-like, it can leave you feeling quarantined from society and lonely. To fend off these feelings, I have compiled this list of things you can do to find your creature comforts and to feel like you are still an active part of society.

- Sitting in a hotel in a suburban location can become a redundant experience. It is easy to get stuck in boring patterns due to an inability to get around much on your own. Try changing up your routine. Eat out some days, eat in others. Call an old friend that you haven't talked to for a long time to reconnect. Take a bath. Use the pool or hot tub. Watch TV. Schedule a movie night and rent a pay-per-view movie. Interact with the hotel staff. Go for a walk. Try to get out of your mundane patterns and do something different every day.

I went for a short drive along Lake Ontario before rehearsal

- Staying at a hotel rarely allots you a stove or a microwave to prepare your own meals. This usually leads to one of the least comfortable situations for many people. Eating alone at a restaurant. When I first started writing this post, I was doing exactly this. I walked into the restaurant and the host insisted that I would probably enjoy (or...erm...feel more comfortable) eating at the bar. But I wanted to sit at a nice table in the main dining area...by myself. Then, when my server walked up to me, he stated, "you must be waiting for a pretty lady." He must have missed the memo, or multiple memos. Any newbie at eating alone might have felt embarrassed or extremely awkward in this situation, but after a few years on the road I am a pro at eating alone. Bring a book or newspaper. Bring your smart phone and catch up on social media or download a new game to play. Or, like me, bring a pen and paper to journal, log, blog, or anything else that you would like to document or write about. A nice glass of wine will help relax your discomfort, too. Or just sit back, breath, and take in the characters sitting around the restaurant having dinner. I always find great entertainment watching how locals interact with one another.

My items from home

- For me, one of the least comfortable things about staying in a hotel is the sterility and impersonal feeling that most rooms share. You don't have any personal home-y touches. You didn't decorate the room. What I always try to do is to bring a few things from home that make me feel like I am closer to home. It would weigh your luggage down if you carried your favorite piece of artwork. What I do is carry a very few lightweight items with me. I always bring one or two unframed 4x6 photos with me to decorate the room and remind me of loved ones. The pictures tend to get beat up a bit, but they still make me happy. I also have a stuffed sock monkey that my partner gave me as a gift. Yeah, I'll admit that I sleep with it. I haven't slept with a stuffed animal since I was 4 years old. But, only when I am traveling, I sleep with this stuffed creature.

- I always go on an extensive search for new music on ITunes in the days before departing for a gig. That way I have some new music to go along with my old music. I have an IPhone, which has a speaker loud enough for me to listen to music. But if you don't have a phone with these capabilities, consider buying cheap, portable speakers that connect either to your computer or MP3 device. I know I am late to the game, but I have also recently discovered the joys of Pandora. You can type in your favorite artist, song, or genre of music and it plays random songs, like a personalized radio station, for free. I feel music drowns out the stifling silence of sitting in a hotel room.

- One of my biggest issues when staying at a hotel is that I get lonely. After a long day at work, dancers often want to vegetate and rest their body and mind for the next day. It isn't uncommon for dancers to reject invitations to hang out. Sometimes, it is necessary to fight the urge to act like a hermit and enjoy some company. While an invitation from a co-worker may not always sound enticing at first, most of the time you end up enjoying yourself more than you would have staying by yourself in your room. Getting out and being around people will not only keep you company, but it will forge new friendships and relationships.

- You won't have the luxury of having a DVR to record and watch your favorite television shows when you are at a hotel. Sometimes, the wireless doesn't always work well enough to download video. In the worst of situations (for me at least), there is no internet. Always come prepared with a handful of your favorite DVD's. I always bring a few seasons of different TV series on DVD of my favorite shows; like American Dad, It's Always Sunny, and South Park. I like to take a relaxing bath for my muscles, pop a DVD in my computer, and have a good laugh.

- One of my biggest mental comforts is having access to a gym. The gym is an important part of my daily routine at home. What does one do if there is no gym at their hotel or affordable gym options nearby? This one is hard for me. I tend to associate my place of rest, whether it be my home or a room with a bed, with nothing other than that. I can tell myself that I will work out at some point, but it becomes very difficult once I sit down and start to relax. I find that when I wait until later in the day, this effect gets even worse. So, I have created a set of exercises that simulate what I would do in my regular gym workout. And while I despise them, I can do them all without any equipment that I use in my regular routine. I find if I do these exercises earlier in the day, prior to class or rehearsal, I am more likely to complete them. If I wait until afterwards, I do exactly what is supposed to be done in your bedroom. Rest.

- I always make sure to show up to a gig with a task to complete that doesn't have to be finished by the time I leave. You never know how much free time you will have and it is better to have a backup plan if you have no other options. For instance, my current task that I hope to complete during my time preparing and performing the Cavalier in The Nutcracker with Rochester City Ballet is to start compiling a list of ballet companies and Broadway shows that I find interesting. I have slowly been gathering information to help clarify the next step of my career. While I am lucky to have friends here from last year and a car to drive myself around, there are still times where I find myself pent up in my hotel room. This is one way to be proactive in my down-time and to occupy hours sitting in my room.

Glad to be back in the studio at RCB rehearsing with my Sugar Plum, Jessie Tretter