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 9% 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 sign the contract first. Then, after the SDC Member signs, both the employer and Member should email a copy to SDC for filing at Contracts@SDCweb.org. 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:

SDC-League Pension & Health Funds 321 W 44th Street Suite 804 New York, NY 10036-5477

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

FOR DOWNLOAD

TIER AGREEMENT AND FORM CONTRACT TIER EXTENSION FORM

For SDC’s Guidance for the Performing Arts issued March 21, 2022, click here.

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