AGREEMENT between The VANCOUVER FILM ORCHESTRA INC. and The VANCOUVER MUSICIANS ASSOCIATION, LOCAL 145, C.F.M. September 1, 2012 August 31, 2014 1
1. DEFINITIONS AFM : the American Federation of Musicians of the United States and Canada; CFM : the Canadian Federation of Musicians; MPFC : the Musicians Pension Fund of Canada; Demonstration recording : an audio-visual recording made for the purpose of promoting the compositions, arrangements, or performances recorded or the services of the composers, arrangers, or Musicians involved. Promotional use by or on behalf of the composers, arrangers, or musicians may be in any audio-visual media including Internet streaming, but does not include commercial broadcast or exhibition at festivals or elsewhere; Doubling : performing on more than one instrument; EMD : electronic musical device that generates artificial sounds resembling acoustic, electric, and electronic instruments, but not including a synthesizer; Member : a Member of the VMA; Musician : a Member of the VMA who performs instrumental music or sidelines; VMA : the Vancouver Musicians Association, Local 145, CFM; and VFO : the Vancouver Film Orchestra Inc. 2. PURPOSE 2.1. The purpose of this Agreement is to establish and maintain mutually satisfactory working conditions, rates of pay, and hours of work, and to provide for the prompt and equitable disposition of grievances. 3. RECOGNITION; VMA SECURITY 3.1. The VFO recognizes the VMA as sole bargaining agent for all Members engaged by the VFO, with exclusive authority to bargain wages, hours of work, and all other terms and conditions of engagement of Members. This Agreement will apply to all Members engaged by the VFO in British Columbia. 3.2. The VFO will ensure that only Members in good standing, or those who apply for membership in the VMA, are engaged. The VFO may engage members of other AFM Locals but will ensure they become Members prior to the provision of any services. 3.3. Representatives of the VMA shall have access to the place of any recording session for the purpose of conferring with Members. 3.4. As a condition of engagement all Members authorize the VMA to deduct union dues in an amount determined by the VMA Bylaws and these monies will be remitted to the VMA by means of deduction from recording fees payable to Members by the VFO in accordance with the terms of this Agreement. The VFO will provide the VMA with a complete list of all 2
Members engaged on a project, including names, addresses, telephone numbers, and email addresses if available, at or before the time when the VFO delivers payment for amounts owed to Members. 4. SCOPE OF AGREEMENT 4.1. This Agreement applies to the rehearsing and recording of film and video game scoring music for audio-visual media in all formats presently known and as may exist in the future, to related soundtrack recordings, and to related sidelining. 4.2. The fees set out in this Agreement include total prepayments for all additional uses in perpetuity of recordings of the score music made under this Agreement if the additional use is a soundtrack recording or is related in any way to the original audio-visual program, including without limitation, related trailers, promos and excerpts. Additional use is deemed to include, without limitation, the use of the applicable score music for a video game related to the original audio-visual program. 4.3. All Members engaged by the VFO will execute individual acknowledgments, in the form attached to this Agreement as an Appendix, which confirm they have received a copy of this Agreement and agree to accept engagement in accordance with its terms and conditions. These individual acknowledgments will become and constitute a part of this Agreement. Notwithstanding, this Agreement and an individual acknowledgment will not be interpreted as limiting the amount of compensation a Member may seek or receive for providing services. 5. CONSULTATION; ENABLING 5.1. During the term of the Agreement, at the request of the VFO or VMA the parties will meet to review project information, including film budgets, and consult on the application of this Agreement to the project. When in the opinion of the VFO and VMA it is beneficial to both parties the terms and conditions of this Agreement may be modified for work coming under the scope of the Agreement, provided however that requests for modifications must be made at least ten (10) calendar days before any services are to be provided. For greater certainty the parties agree that if additional use in perpetuity of a recording made under this Agreement is not required by the VFO, an AFM recording contract applicable to the project may be used and the parties will be bound by the terms and conditions of that AFM contract. These mutually agreed-upon modifications shall be by Letter of Understanding and may be for one project, for a type of work, or for a specific period of time. If necessary, the parties will establish workable procedures for the drafting of these Letters of Understanding. 3
6. RECORDING FEES 6.1 The parties agree that hourly recording fees are minimums and that any Musician(s) may negotiate fees in excess of those minimums. Theatrical Motion Pictures, hourly base fees: Budget $50 million and over: Budget $15 million to $50 million: Budget up to $15 million: $110 per hour $90 per hour $75 per hour Television Films, hourly base fees: Budget $6 million/hour and over: $110 per hour Budget $2 million/hour to $6 million/hour: $90 per hour Videogames Budget up to $2 million/ hour: Demonstration Recordings $75 per hour $54 per hour $30 per hour Orchestra Leader, if and when engaged by the VFO: additional 100% of hourly fee Contractor, if and when engaged by the VFO: additional 100% of hourly fee Single Musician: additional 100% of hourly fee Doubling: 30% extra for the first double, 15% extra for the second double, 15% extra for the third and each subsequent double. Doubling rates will apply on a three hour session / one hour hold period basis (per sections 7.1 and 7.2) if the VFO advises the Musician in advance of the session at which doubling will not be required. Doubling for percussion applies as between the following 3 groups: Timpani 4
Chromatic instruments (mallets) Non-chromatic instruments The following are not considered to be doubles: Piano / Celeste / Synthesizer Drum set only Bb/A clarinet Bb/C/D/Eb trumpet F/Eb/C/Bb tuba EMD, if and when applicable: 30% extra 7. CALL DURATION, OVERTIME, REST PERIODS, STATUTORY HOLIDAYS 7.1. The VFO will engage Musicians for a minimum session of three (3) hours. There may be an addition one (1) hour hold period payable at base rates provided that Musicians are so advised when they are engaged. 7.2. The VFO may engage Musicians for eight (8) hours per day (two (2) sessions of three (3) hours each plus a one (1) hour hold period for each session) at base rates, provided there is a one (1) hour rest period between these sessions. 7.3. Musicians will receive an additional 50% of their fees, in fifteen (15) minute increments, for any unscheduled work time (not including a hold period). If the VFO engages Musicians for more than eight (8) hours per day, the Musicians will receive an additional 50% of their fees, in fifteen (15) minute increments, for time in excess of eight (8) hours. 7.4. There will a ten (10) minute rest period per hour which shall be free from any instruction or work-related duties and discussions. Rest periods shall be given to all Musicians at the same time. A session must not exceed ninety (90) minutes without a rest period. Rest periods may be combined by mutual consent of the Musicians. 7.5. Due to the nature of film recording, hours of work will not be restricted with respect to time of day or day of week, provided however that Musicians will receive an additional 50% of their fees for sessions or rehearsals scheduled on a statutory holiday. 8. NOTE REHEARSALS (non-recorded) 8.1. Notwithstanding the above requirement for a minimum session of three hours, the VFO may engage Musicians to rehearse music to be recorded for a minimum session of two (2) hours at $55 per hour, provided no recording occurs. All other terms and conditions for recording sessions (Orchestra Leader, doubling, overtime, rest periods, etc.) apply. 5
9. SIDELINING 9.1. For recording of Musicians images portraying instrumental performance on visual media, the VFO will engage Musicians for a minimum session of three (3) hours with a possible one (1) hour hold period in addition. The VFO may extend this session, in thirty minute (30) increments at pro-rata rates, to up to eight (8) hours if the VFO provides notice of the extension when engaging the Musicians. 9.2. The fee for sidelining is $30.00 per hour. An Orchestra Leader (if engaged) or single Musician will receive an additional 100% of the hourly base fee. 9.3. There will a ten (10) minute rest period per hour which shall be free from any instruction or work-related duties and discussions. Rest periods shall be given to all Musicians at the same time. Rest periods may be combined by mutual consent of the Musicians. A meal break of at least one (1) hour will be provided on completion of no more than five (5) hours of sidelining (calculated including rest periods). 9.4. Musicians will receive an additional 50% of their sidelining fees, in fifteen (15) minute increments, for any unscheduled work time. If the VFO engages Musicians for more than eight (8) hours per day, those Musicians will receive an additional 50% of their fees, in fifteen (15) minute increments, for time in excess of eight (8) hours. 9.5. The VFO may engage Musicians for a film recording session and at the same time engage them for visual (sideline) recording of their performance, for which combined session the VFO will pay the Musicians an additional 25% of the film recording fees described above (including overtime). 10. CONTRACTS; PAYMENT TIMING 10.1. The VFO will file a standard form VMA contract for each recording project in the VMA office before recording begins. 10.2. Within fifteen (15) days of the last recording session for a project, the VFO will deliver payment to the VMA for all amounts owed to Members and their pension contributions. The maximum number of days between the first recording session and VFO delivery of payment will not exceed 22 business days. 11. PENSION 11.1. The VFO will contribute an amount of 10% of each Member s fees to the MPFC created pursuant to an agreement and Declaration of Trust dated April 9, 1962. For pension contribution purposes, fees include amounts paid for recording and rehearsal, 6
doubling, serving as Orchestra Leader, Contractor, sidelining, and overtime. As a condition of engagement all Members authorize the VMA to remit pension contributions on their behalf to the MPFC at the MPFC offices, 2255 Sheppard Avenue East, Suite A110, Toronto, Ontario, M2J 4Y1. 12. WORKING CONDITIONS 12.1. The VFO will take all reasonable steps to provide proper and sufficient facilities in terms of lighting, temperature, music stands, chairs, safety and ease of movement, and other factors as would affect the standard of performance by Musicians. 12.2. The VFO shall make all required payments as determined by the Worker s Compensation Board. 13. SESSION CANCELLATION 13.1. The VFO may cancel sessions up to seventy-two (72) hours before the beginning of the session without compensation to Members engaged for the session. 14. EVIDENCE FOR TAX CREDITS 14.1. In film projects utilizing federal or provincial tax credits, the VFO is required to obtain proof of British Columbia residency and proof of Canadian citizenship in order to comply with government application procedures. When engaging Musicians, the VFO will advise as to when Musicians are required to provide this evidence and the form of the evidence required by the Canada Revenue Agency. 15. PROMOTIONAL VIDEO-RECORDING, PHOTOGRAPHY 15.1. Portions of a recording session may be video-recorded for promotional purposes such as electronic press kits, promotional video clips, and making of documentaries, provided that such use does not constitute secondary commercial exploitation. Photography for similar purposes is permitted at sessions. Musicians must be advised in advance of any intention to video-record or photograph a session. Promotional videorecording and photography is restricted to one (1) three (3) hour session plus any additional hold period, but the VMA may consider reasonable advance requests by the VFO for video-recording or photography at additional sessions. 15.2. Up to ten (10) minutes of video-recorded material may be used without additional compensation to the Musicians. The VFO will pay Musicians an additional 25% of their fees, 7
in fifteen (15) minute increments, for use of any Video-recording in excess of ten (10) minutes. Musicians will receive sidelining fees, as described above, for all project recording sessions if there is secondary commercial exploitation of any video-recorded material. 16. CARTAGE 16.1. Recognizing that the harp, string bass, timpani, and other large percussion instruments require special handling, the VFO and the owners of these instruments will mutually agree on a person or moving company and fees for cartage when any session requires the use of these instruments. The VFO may pay these fees directly to the person or company supplying cartage, or reimburse the instrument owner on receipt of a cartage invoice. The VFO will consider other reasonable requests for cartage on a case by case basis. The VFO will be directly responsible for the cartage of pianos, celestes, organs, and harpsichords. 16.2. The VFO will use best efforts to provide free parking during loading and unloading of instruments subject to cartage. 17. GENERAL 17.1. If any provision of this Agreement, other than section 4.2, is determined at any time by a tribunal or court of competent jurisdiction to be invalid, illegal or unenforceable, such provision or part thereof will be severable from this agreement and the remainder of this Agreement will be construed as if the invalid, illegal or unenforceable provision or part had been deleted. If section 4.2 is determined to be invalid, illegal or unenforceable, this Agreement is rendered null and void. 17.2. The VMA recognizes the right of the VFO to operate and manage the VFO s business in all respects including, but not limited to, the right to engage or hire the number and kind of musicians on a project to project basis, subject to the express terms of this Agreement. 17.3. Gender specific terms include both genders. Words in the singular include the plural, and words in the plural include the singular. Headings in this Agreement are for convenience of reference only and are not to be used in interpreting the Agreement. 18. GRIEVANCE AND ARBITRATION PROCEDURE 18.1. All differences between the parties relating to the dismissal or discipline of a Member, or to the interpretation, application, operation or alleged violation of this Agreement, including a question as to whether a matter is arbitrable, will be finally and conclusively settled without stoppage of work by the following process: 8
18.1.1.1. Any such difference will in the first instance be discussed as soon as possible between the Secretary of the VMA and a designee of the VFO, or their respective designates. 18.1.1.2. If no settlement is reached within seven (7) days, either party may notify the other party in writing of its desire to submit the difference to arbitration. The parties must agree on a single arbitrator to hear and determine the difference and issue a decision which is final and binding on the parties and any person affected by it. If the parties cannot agree on a single arbitrator within an additional seven (7) days, either party may request that the Director of the Arbitration Bureau appoint a single arbitrator. The cost of the arbitration, except those costs incurred by a party in the presentation of their case, shall be shared equally by the VFO and the VMA. 19. FORCE MAJEURE 19.1. A delay in or failure of performance by either party hereto, other than the payment of money, will not constitute a default, nor will either party hereto be held liable for loss or damage, if and to the extent that such delay, failure, loss or damage is caused by an occurrence beyond the reasonable control of such party, including but not limited to proven sickness or accident of any Musician(s), delay of transportation services or accident to means of transportation, riots, strikes, epidemics, acts of God, compliance with any act, regulation, order or request of any governmental authority or agency, or any other causes, whether direct or indirect, not within the reasonable control of such party and which by the exercise of reasonable diligence such party is unable to prevent. The VFO agrees that any Musician(s) whose services under this Agreement are prevented, suspended or stopped for any reason recognized under this provision shall be free to accept any other engagement without any restraint, hindrance, penalty, obligation or liability whatever. 20. TERM OF AGREEMENT 20.1. This Agreement will be effective as of September 1, 2012 and will remain in force until August 31, 2014. 20.2. During the term of the Agreement the VFO will not lock out any Members nor will the VMA declare or authorize a strike of the Members. 20.3. The terms and conditions of this Agreement will continue in full force and effect until the parties conclude a renewal agreement, or a strike or lockout has commenced, whichever occurs first. In the event of a strike or lockout, this Agreement will be suspended until the termination of the strike or lockout. If a strike or lockout is terminated before a 9
renewal agreement becomes effective, the terms and conditions of this Agreement will again be in full force and effect until a renewal agreement becomes effective. 20.4. In accordance with section 50(4) of the Labour Relations Code, the parties specifically exclude the operation of subsections (2) and (3) of section 50 of the Labour Relations Code. Dated this day of, 2012 President President Vancouver Musicians Association Vancouver Film Orchestra Inc. #100-925 West 8 th Ave. 1077 Wellington Drive Vancouver, BC V5Z 1E4 North Vancouver, BC V7K 1L1 10
APPENDIX TO AGREEMENT BETWEEN The VANCOUVER FILM ORCHESTRA INC. and The VANCOUVER MUSICIANS ASSOCIATION, LOCAL 145, C.F.M. RE: ACKNOWLEDGMENT Further to section 4.3 of the above Agreement, I confirm that I have received a copy of the Agreement and agree to accept an engagement in accordance with its terms and conditions. My acknowledgment will become and constitute a part of the Agreement. Dated this day of, 201 _ Musician 11