Section 4 - Fees & Payments for Dance Artists
4. Fees & Payments for Dance Artists
1. Prior to the beginning of the engagement the type of payment (e.g. hourly, weekly or flat rate) will be negotiated by the Engager and the Engagee.
2. Prior to the beginning of the engagement the frequency of pay will be negotiated by the Engager and the Engagee.
3. The Engager will indicate to the Engagee the quantity (e.g., hours, weeks, months) and type of activity required for the engagement.
4. If the Engagee works hours beyond the hours negotiated in the Agreement then the additional time:
will be overtime paid at a rate to be negotiated by the Engager and Engagee prior to commencement of the engagement, or
the Engagee will be given paid time off in lieu of pay.
5. The Engager will respect public holidays (see Glossary). When this is not possible, an overtime rate may be negotiated or the Engagee may be allowed a substitute day off with respect to public holidays.
6. Dance Artists agreeing to payment less than the recommended minimum, or to in-kind donations in lieu of monetary compensation, will be properly contracted as such.
4.2 Hourly Rates of Compensation
1. Suggested minimum hourly rates do not preclude the Dance Artist from negotiating higher than these rates.
2. The Engager and Engagee should be aware when working on an hourly basis that the standard practice is a minimum 2-hour call. This means that should an Engager choose to work less than 2 hours, they must pay Engagee for no less than 2 hours.
3. Should the Engager choose to work more than 2 hours but less than the contracted number of hours for the activity, the Engagee shall be paid for the number of hours originally contracted.
4.3 Weekly Rates of Compensation
1. Suggested minimum weekly rates do not preclude the Dance Artist from negotiating higher than these rates.
2. An Engagee contracted for 20 or more hours per week of rehearsals may be paid a weekly, rather than an hourly rate. A weekly rate means that the Engager and Engagee have agreed upon a determined number of work hours and a set rate of pay per week.
3. Should an Engager choose to work less than the contracted number of hours in the week, the Engagee is still paid the weekly rate originally negotiated.
4. Should an Engager choose to work more than the contracted number of hours in the week, the rate for extra hours should be negotiated and paid out to the Engagee in addition to the weekly rate.
5. Should the Engagee be required to work in excess of 30 hours in a week, overtime will be in effect (see 4.1.4).
6. During an agreement where the Engagee is paid a weekly fee, the Engager will provide space and/or training as part of paid time for the purposes of the Engagee’s required rehearsal preparation.
4.4 Flat Rates of Compensation
1. A flat fee may be negotiated and agreed upon by the Engager and Engagee. A flat fee remains subject to the provisions of 4.1 Terms of Engagement.
2. A flat fee Agreement covers any single work period that may include one or more of the following: choreographic development, rehearsal, performance, workshops remounting existing work, technical and dress rehearsals.
4.5 Rates of Compensation for Exclusivity
1. Exclusivity requires that the Engagee does not work for another Engager on another activity during the agreement period, unless otherwise negotiated.
2. Where an Engager requires the exclusive right to an Engagee, the Engagee cannot expect their requests to adjust the rehearsal, technical or performance schedule to be honoured.
Note: It is not recommended that an exclusive Agreement be agreed to when payment is less frequent than weekly or bi-weekly as there is little remedy for non-payment.
4.6 Rates for Compensation for Other Activities
1. Even if the Engager does not anticipate activities such as costume fittings, publicity photo shoots, fundraisers, teaching, Q & A’s with the public or receptions, an hourly rate for the Engagee for this type of activity will be negotiated and included in the Agreement. The engagee will be informed with ample time to prepare for such activities, at a suggested minimum of 48 hours.
2. The rate of pay for this type of activity should be the same as the rehearsal rate.
When a dance is re-mounted after its original production and presentation, royalties must be paid to the choreographer for performance, unless some other agreement has previously been negotiated. It is the responsibility of the Producer to ensure that the necessary permissions and agreements are in place (see 18.104.22.168)
Royalties should be negotiated outside of the initial choreography fee and stipulated in the contract. CADA-East supports per-minute rates for choreographic royalties and recommends $6 per minute per performance. Given the small size of dance production budgets compared to most theatre, the relative financial precariousness of dance in general, a per minute rate is a known quantity that will support the choreographer and the producer.
Alternately, the Choreographer may receive between 1 and 10 percent of the original fee paid for choreography in royalties.
4.8 CADA/East Recommended Minimum Fee Payments