What is the 99-Seat Theater Agreement?

What is the 99-Seat Theater Agreement?

The 99-Seat Theater Agreement is a crucial contract that governs the working conditions, wages, and rights of actors, stage managers, and other theater professionals working in smaller, more intimate theaters in the United States. Specifically, it applies to theaters that have 99 or fewer seats, and it is primarily used in the Los Angeles theater scene. The agreement was created by the Actors’ Equity Association (Equity), the labor union representing professional actors and stage managers in the U.S., to ensure that even those working in small, non-profit theaters are treated fairly and receive some compensation for their time and talent.

Background: The Need for the Agreement

In the late 20th century, as the theater scene in Los Angeles grew, many small and non-profit theaters flourished. These theaters often operated on tight budgets and were unable to offer actors and stage managers the higher wages and benefits seen in larger venues like Broadway theaters. However, these productions still required skilled, professional actors to perform and bring the productions to life.

While these smaller theaters might not have the financial capacity to pay the same wages as larger productions, there was a need to establish an agreement that allowed them to operate while still offering compensation and protections for actors. Thus, the 99-Seat Theater Agreement was created, balancing the needs of the theater community with the rights and protections of the performers.

Key Features of the 99-Seat Theater Agreement

1. Compensation Under the 99-Seat Theater Agreement, actors and stage managers are typically compensated for their work, but the wages are lower than what they might earn in larger venues. The pay structure is often based on a stipend or minimal salary, depending on the production’s budget and status. While not equivalent to union-standard wages for larger productions, this compensation helps ensure that the performers are paid for their time and effort.
2. Rehearsal and Performance Conditions The agreement also outlines the maximum number of hours for rehearsals and performances. This ensures that actors aren’t overworked or taken advantage of by theater companies that may have limited financial resources. Specific conditions for rest periods, breaks, and maximum working hours are included in the contract to protect the health and safety of the performers.
3. Equity Membership Requirement A key element of the 99-Seat Theater Agreement is that it provides professional working conditions for Equity members. Actors and stage managers must be members of the Actors’ Equity Association to work under this agreement. Equity membership ensures that actors are entitled to the protections and rights offered by the union, such as payment, health benefits, and pension contributions, even when working in smaller venues.
4. Scope and Applicability The agreement applies to theaters with 99 seats or fewer. These theaters often operate on tight budgets and are typically non-profit organizations that rely on ticket sales, grants, and donations to keep their productions running. The 99-Seat Theater Agreement allows these theaters to hire professional actors while remaining within their financial constraints.
5. Additional Benefits In addition to pay, actors and stage managers working under the 99-Seat Theater Agreement are entitled to additional benefits, such as health and pension benefits, depending on the terms of the specific agreement. These benefits are crucial for supporting performers who may not be able to rely on health insurance or retirement plans from other sources.

Controversy and Changes Over the Years

The 99-Seat Theater Agreement has not been without controversy. Some actors and theater companies have argued that the agreement does not provide enough compensation for the level of work required in small productions. Critics of the agreement have also raised concerns about the inequality of pay between actors working in small theaters versus larger commercial productions.

In recent years, there has been an ongoing debate within the theater community about whether the 99-Seat Theater Agreement should be revised to provide better compensation for actors. Some theater professionals argue that while small theaters are an essential part of the arts community, actors deserve to be paid more for their work, even in smaller venues. Others believe that maintaining the low-budget structure of the 99-Seat Agreement is crucial to keeping smaller theaters alive.

In 2014, this controversy came to a head when the Actors’ Equity Association proposed changes to the 99-Seat Theater Agreement, which led to a series of negotiations and disagreements between the union and the small theater community. These changes would have mandated higher wages for actors in 99-seat theaters, which sparked pushback from theater owners who were concerned that higher costs would force them to close their doors.

The Impact on the Theater Community

The 99-Seat Theater Agreement has had a significant impact on the development of the Los Angeles theater scene. It has allowed many small, intimate theater companies to hire professional actors, bringing high-quality performances to audiences in a more accessible setting. It also ensures that actors working in these smaller venues are compensated and protected by union regulations, which might otherwise be impossible due to financial constraints.

However, there is a delicate balance that must be struck. Small theaters rely on affordable labor, while actors need fair pay and protections. The future of the 99-Seat Theater Agreement depends on continued negotiations and discussions to ensure that small theater companies can survive while also ensuring that performers’ rights are respected and upheld.

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