The Tier Contract is for use by not for profit Theatres that are not covered by or referenced to a collectively bargained agreement or subject to the Off-Broadway, ANTC, or Regional Commercial Contract. The Tier Contract may also be used by commercial Producers not covered by or referenced to a collectively bargained agreement operating in theatres with 99 seats or less.


The Tier Contract MAY NOT be used for any of the following:
    • Not-for-profit or commercial productions in NYC theatres with more than 99 seats;
    • Where the actors are covered under the AEA Off-Broadway or ANTC agreement;
    • Commercial productions outside of NYC in theatres with seating capacity of more than 99 seats. Unless a production falls under the jurisdiction of another collectively bargained agreement, the Regional Commercial Agreement should be used for activity in theatres with seating capacities of 100-499. The Broadway Agreement should be used in theatres with seating capacities of 500 or more.

The Tier Contract sets compensation minimums based on seating capacity, number of performances, and ticket price.  Property rights and rights of first refusal are protected under the Tier Contract.  The Employer is responsible for a pension contribution of 8% of all compensation, plus a fixed health contribution.

The electronic Tier Contract form has been designed to automatically calculate the appropriate Tier Category. Employers should complete the form electronically and allow the form to calculate the Tier category. The contract form will provide the proper Tier category as well as the appropriate health contribution.

Once the contract has been completed, the employer should print four (4) copies and sign them first. Then, after the SDC member signs, two (2) copies should be mailed to SDC. The appropriate health and pension contributions should arrive in separate checks – one made out to “SDC-League Health Fund” and the other to “SDC-League Pension Fund” and mailed to the following address:

BENSERCO, Inc., 140 Sylvan Avenue, Suite 303, Englewood Cliffs, NJ  07632

For more information about the TIER Contract, please contact SDC.


FOR DOWNLOAD

SDC Tier Agreement and Form Contract: sm-pdf TIER AGREEMENT AND FORM

For extensions beyond the originally contracted closing date: sm-pdf TIER CONTRACT EXTENSION FORM


CONTACT

SDC Rep Suzette Porte SPorte@SDCweb.org  x242

FAQs

-I am directing/choreographing for a festival. Is the Tier Contract the appropriate agreement to use?
SDC currently has a separate agreement for NYMF. For all festival contracts other than the New York Musical Theatre Festival you should contact SDC to determine the appropriate agreement.
-If I get hired to direct or choreograph at a college or university, is the Tier Contract applicable?
No. There is an Academic Tier Contract for this purpose. The term “Academic” refers to any Academic Institution, including High Schools, Community Colleges, Colleges and Universities. Though this contract does not set a minimum fee, it does provide minimum pension and health contributions.
-If I negotiate a fee greater than minimum does my pension and health increase?
Since the pension payment is an amount equal to 8% of your fee, it will increase as your fee increases. Health payments are based on the Tier category and may not be increased or decreased.
-The Tier Contract requires the placement of the SDC “Logo” in a conspicuous place in the program. Where can I find the Logo?
The SDC logo can be found at http://www.sdcweb.org/contracts/program-logos
-Can I sign a Tier Contract with a below minimum compensation level?
No, members may not sign contracts at below minimum terms. If the contract presented to a member is below minimum terms the member should contact the SDC for assistance.
-What happens if a show is extended?
If a show extends beyond the originally contracted period, the Director, Choreographer, or Director-Choreographer is due no less than 6% of their contractual fee per week, pro-ratable based on a 7 performance week. Under the Academic Tier Agreement, payment shall be as calculated above. Under the Tier Agreement, in no case shall payment be less than twelve dollars ($12) per performance. Additional pension (8%) and health (8%) contributions are due on any extension payments and must be paid as same accrues.
-I’m a Director-Choreographer. How is my minimum fee determined?
Each Tier level has a set minimum fee for a Director-Choreographer. These amounts are outlined in the Agreement, which can be downloaded above.
-How does SDC know that the Theatre/Producer is supplying the correct criteria, and therefore the correct Tier for a particular venue/show?
The data supplied (ticket price, seating capacity and number of performances) are clearly on the contract form. SDC will expect the Member Director and/or Choreographer to self-police that the information on the contract is accurate. Of course, no one should ever sign a contract without reading it first!
-How is the Tier level determined?
The contract sets minimum compensation amounts based on the average of three criteria: i) Ticket prices ii) Seating capacity/ House size iii) Number of performances The Tier Contract form is a dynamic PDF and is designed to automatically calculate the appropriate tier category based on an average of the three criteria mentioned above. Employers should complete the form electronically and allow the form to calculate the Tier category. The contract form will provide the proper Tier category as well as the appropriate health contribution. Check out the PDF Tier Contract Form link on our web-site to understand how the above mentioned data automatically calculates the applicable Tier.
-I am working on a commercial production outside of NYC. Does the Tier Contract apply here?
All Commercial entities/ventures should contact SDC for the appropriate contract.
-Which theatres should file the Tier Contract?
ALL seasonal theatres and not-for-profit Theatres/Producers not subject to an SDC collectively bargained agreement should file the Tier Contract. Please note that this Contract is not applicable for any Production in New York City in a theatre of 100 seats or more.