Overseas Rider

When touring outside Canada and the continental U.S., Article 50:00 of the Independent Theatre Agreement (ITA) requires the Theatre and Equity to negotiate an overseas rider detailing arrangements for the tour.

The rider must be attached to each individual contract and signed by both the Theatre and the Artist. Negotiations between the Theatre and Equity regarding the terms of the proposed rider must take place within 10 days of receiving the Theatre’s proposal.

What needs to be included?

Equity has prepared this guide to help facilitate a conversation and provide a basic framework for the negotiation of the arrangements for an overseas tour.

The following sections provide an overview of what should be addressed in an overseas rider, as well as sample language for reference. If you have any questions, please contact your Business Rep.

Application of the Independent Theatre Agreement

All conditions of the Independent Theatre Agreement that are not specifically modified by the overseas rider remain in full force and effect.

Contractual fees

Contracted fees are expected to be paid at least one week in advance of the contracted week they apply to.

Per diems

Per diem rates are determined in accordance with the National Joint Council Travel Directive (NJCTD) rates or the ITA, whichever is greater, as set out below.

Sector 2: the NJCTD C-Day 1-30 “Grand Total (Taxes Included)” amount for the applicable city and country, or the minimum per diem in Clause 58:06

All other productions: the NJCTD C-Day 31-120 “Grand Total (Taxes Included)” amount for the applicable city and country, or the minimum per diem in Clause 49:03

If the per diem is paid electronically, the Theatre is responsible for any international transaction fees incurred by the Artist when spending their per diem abroad.

Requesting a reduced per diem rate

Theatres who wish to negotiate for a reduced per diem rate should be prepared to demonstrate and provide support showing the Artist’s expenses will be lower than indicated in the NJCTD rates.

Support for a reduced per diem rate may include:

  • The Theatre covering the cost of incidentals, such as international calling plans, laundry services or complimentary laundry facilities, or a public transit pass
  • Menus from at least 3 restaurants near the hotel or venue that cost less than the NJCTD meal rates. The menus should provide a wide range of choices, including those for dietary restrictions
  • The Theatre providing housing with full kitchen facilities

Note: Group meals (sharing a pizza) and complimentary meals (continental breakfast at the hotel) would not be considered by Equity as support for a reduced per diem rate.

As part of the negotiations, Equity will consult with the Artists affected by the reduced per diem rate.

If a reduction is agreed upon, the Theatre is expected to include the following in the rider:
Should the amount be insufficient to cover the Artist’s fair and reasonable expenses while on tour, (name of Theatre) shall supplement this amount as required.

Costs of working abroad

The Theatre is responsible for covering all administrative costs associated with working outside Canada.

Insurance

The Theatre must provide health, medical and dental insurance coverage for the Artist while outside Canada – in addition to coverage under Equity’s insurance plan – equivalent to what the Artist receives under the provincial health care system in Canada. It cannot exclude pre-existing conditions, and the Theatre is responsible for the cost of any emergency medical treatment beyond this coverage.

Schedule

The Theatre must provide a complete schedule for the overseas tour, including all rehearsal, performance, travel, and free days. The schedule should be as specific as possible, especially concerning call times, and duration/method of travel. A specific schedule is particularly helpful to ensure that any overtime or overnight rest infringements are considered in advance of the tour.

Artist travel

Transportation is expected to meet reasonable professional travel standards. An Artist’s dietary restrictions must be taken into consideration for meals provided during travel.

Long travel days and prohibited travel hours

Travel days overseas are usually quite long and can occur during typically prohibited travel hours. This often attracts substantial additional pay for overtime travel and/or overnight rest infringement.

If travel time exceeds 10 hours in a day, or occurs between 12:00 midnight and 8:00 am, overtime applies to each hour beyond these limits that the Artists spend travelling (door to door, including all ground, waiting time, and delays).

Alternatives to overtime travel/overnight rest infringement

Instead of overtime travel/overnight rest infringement fees, the Theatre may provide the full company with an additional free day at the tour’s first stop to offset the overnight travel. Alternatively, if the Theatre cannot schedule an additional free day, the Theatre may negotiate with Equity a fee in lieu of the additional free day. This fee can also be negotiated for travel home.

Transportation

The rider should detail what expenses are covered and a timeline for reimbursement.

Supplied housing

Housing that is provided by the Theatre is expected to be single occupancy, safe, sanitary, and satisfactory to the Artist. The Theatre should provide reasonable information about the housing arrangements and facilities. If the arrangements are not suitable for the Artist, the Theatre is responsible for finding and arranging alternative housing satisfactory to the Artist, at no cost to the Artist.

Sometimes housing for the Artist is farther away than reasonable walking distance from the performance or rehearsal venue (over fifteen minutes), or lack of public transportation or lateness of the hour could affect the Artist’s safety, or the Artist requires accommodations for accessibility or health needs. In such cases, the Theatre is expected to provide accessible, safe and convenient transportation for the Artist to arrive at the venue in time for the scheduled call and/or to depart following the performance as applicable.

Other things to consider

The Theatre is expected to provide the Artist with as much information as possible about the country they will visit while on tour, and identify any significant concerns or unique situations the Artist may encounter.

Some issues that might arise include:

  • Specific taxation issues or government provisions/laws that may impact the Artist, such as withholding taxes, moral turpitude, unusual or strict laws, and penalties for infractions
  • Identification of societal customs, personal safety issues, and state or religious holidays
  • Identification of specific health risks or unusual health precautions
  • Identification of unique driving laws and pre-arrangement of international drivers license, including the Theatre’s requirement to pay all related costs
  • Identification of available medical services and emergency procedures
  • Supply of drinking water at the rehearsal and performance venues
  • Language barriers and interpreters, if applicable

Have questions or need more information?

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