An agreement made on: Type to enter BETWEEN:

2011

ENGLISH NATIONAL OPERA of London Coliseum, St Martins Lane, London WC2N 4ES (ENO); and Type to enter text It is hereby agreed as follows: 1." THE ENGAGEMENT

ENO hereby engages the Artist to prepare, rehearse, appear as required and cover where necessary in Type to enter text 2" DATES

2.1" The Artist shall be available where and when required on Type to enter and then from Type to enter text for rehearsals performances, warm-ups, classes and cover calls as necessary. 2.2" Performances

Unless otherwise advised, performances of the Production shall be as set out in the attached schedule. 3"
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EXCLUSIVE SERVICES

The Artist agrees to render the Services on an exclusive basis to ENO during the Term. The Artist will not enter into any agreement for his/her services with any other party during the Term, without rst seeking the express agreement of ENO, which will not be unreasonably withheld. 4" HOURS OF WORK AND BREAKS

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4.1" The Artist shall be required to work up to 33 hours per week, from Monday to Sunday inclusive, according to the call sheet. In an emergency the Artist may be required to work in excess of 33 hours but no more than 36 hours in one week. All of these hours will exclude travel time, dressing time and warm-up classes. If the Artist is required to rehearse and/or perform on a Sunday this will not attract additional payments. The Artist shall be scheduled in quarter hour units, as calls, normally between 9:00 and 23:00. The Artist shall be required to attend warm/up classes as necessary which will not count towards the total weekly hours as set out in clause 4.1 above. The Artist will be entitled to a break of at least one hour that is free from all duty and travel between two consecutive sessions on the same day.

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The Artist shall be entitled to a break of 15 minutes during a rehearsal session (at a time specied by the person responsible for the rehearsal) excepting for the nal stage and orchestra rehearsal and the dress rehearsal which shall be run as per a performance. The Artist will normally have a minimum of 11 hours as a period of rest between the end of the last working session on one day and the start of a call on the following day, excluding compulsory warm-ups. 5" WORK SCHEDULE AND SIGNING IN

5.1" ENO will provide the Artist by email with a work schedule for the following week by way of the call sheet no later than each Friday. 5.2" It is the Artists responsibility at all times to ascertain the calls he/she may have for the following week.
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5.3" In the event that alteration is made to the call sheet ENO will notify the Artist as soon as possible and the Artist shall be required to attend provided 24 hours notice is given and if less than 24 hours notice is given will not unreasonably refuse to work any such changed call. 5.4" Signing in At each rehearsal and performance there will be a designated time by which the Artist must have signed the attendance sheet and unless notied to the contrary the signing in time for rehearsals shall be no later than the beginners call and for stage rehearsals, the dress rehearsal and the performances it will be the ofcial half-hour call. 6" FEE

6.1" ENO shall pay the Artist the fee of 327.72 per week plus 60 for the rehearsal on 12th January. 6.2" The pro-rata equivalent of the Weekly Fee (calculated at one-sixth of this amount per day) will be paid if the Artists engagement begins on a day other than Monday, for the rst week only. 6.3" The Weekly Fee will be paid weekly by direct transfer to a bank account subject to the Artist specifying the account details to ENO in writing prior to the start of the Term.
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6.4" ENO will be entitled to make a deduction from the Weekly Fee or any other payment or reward arising from the Artists engagement hereunder by way of set-off against any over payment of the Weekly Fee or benet. 6.5" Where the artist agrees to a wardrobe call before the start of the Term s/he will receive a payment of 9.93 per hour. 7" STATUS, TAX AND NATIONAL INSURANCE

7.1" The Artist acknowledges that this agreement does not give rise to a contract of employment between the Artist and the ENO. The Artist is engaged as an employee for Class 1 National Insurance purposes and as self-employed for income tax purposes. The Artist shall be responsible for accounting to the appropriate authorities in respect of

income tax deductions and the Artist hereby agrees to indemnify ENO for any liability, deduction, assessment, contribution or claim and any costs expenses penalty ne or interest it may incur in this respect in relation to the Artists engagement. The Artist shall make his/ her own arrangements relating to pensions, sickness and other benets. 7.2" If the Artist is a non U.K. resident and has not instructed ENO in advance to pay gross of tax to the agent where the agent is authorised by the Foreign Entertainers Unit or provided ENO with a FEU4(A) exemption certicate, ENO is hereby authorised to deduct from any sum of money payable to the Artist in respect of the Production such portion of it as ENO has a liability imposed by law, statute or decree to withhold and pay by way of tax. Details of any withholding of money pursuant to this provision will be notied to the Artist as will any payment of such money ENO makes to the relevant authority and any necessary certicate will be issued. ENO agrees to co-operate fully with the Artist to the extent to which the Artist wishes to seek exemption (if the same be available) from any liability for withholding tax. 7.3" All payments due to the Artist are exclusive of Value Added Tax (VAT). If the Artist is registered for VAT, ENO will pay VAT subject to receipt by ENO of relevant VAT invoices. 8"
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HOLIDAY ENTITLEMENT

The Artist shall be entitled to 5.6 weeks paid holiday per annum pro rata to the Term, in accordance with the Working Time Regulations 1998. This leave will be required to be taken at times which ENO will direct. 9" SICKNESS AND EMERGENCY REPORTING PROCEDURE

In the event of sickness or other emergency the Artist must inform ENOs head of movement as early in the morning as possible and, in any event, no later than 30 minutes before the call is due to commence for rehearsals, no later than 10.30am for afternoon performances, and no later than 1.00pm for evening performances. 10"
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ABSENCE WITHOUT PERMISSION

" In the event that the Artist is absent from any call or part thereof without permission ENO shall be entitled to deduct from the Weekly Fee an amount proportionate to the number of hours called and the Artists engagement and this agreement may be terminated immediately by ENO. 11" COSTUMES, MAKEUP, FACIAL HAIR AND REHEARSAL CLOTHES

11.1" All costumes, hairpieces, shoes and wigs shall be provided by ENO, and shall not be removed by the Artist from the rehearsal venue or the theatre without the consent of ENO. 11.2" The Artist may be required to remove facial hair (beards, moustaches etc.) for the Production. ENO may request that the Artist have his/her hair cut or styled which the Artist will not unreasonably refuse to have done. 11.3" The Artist must ensure that he/she is fully ready in costume, wigs and make-up or rehearsal clothes as appropriate, in time for the scheduled call/start of rehearsal, warm-up or class.

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12"

APPEARANCE AT PERFORMANCES

ENO reserves the sole right to determine whether or not the Artist will appear at any performance. 13" IMMIGRATION STATUS The Artist must inform ENO immediately if the Artist is not an E.E.A. National or requires a certicate of sponsorship and permission from the U.K. Border Agency to work in the United Kingdom and agrees to provide promptly all necessary information and documentation required by the U.K. Border Agency. In the event that permission to work in the U.K. is required but is not granted, this agreement shall be null and void. 14" PHOTOGRAPHS, PROMOTION, MEDIA, RIGHTS

14.1" Photographs The Artist may be required to have his/her photograph taken and consents to the use of such photographs for any purpose determined by ENO. This may occur during a rehearsal or performance. 14.2" Biography The Artist shall provide ENO with a copy of his/her biography for promotional use and/or inclusion in a programme for the Production, on signing of this agreement, where such is required by ENO. 14.3" Promotion If requested and required by ENO the Artist agrees to co-operate with the reasonable requests of ENO to take part in activities relating to the promotion of the Production without additional payment. 14.4" Recordings for Live Performances The Artist may be required to undertake recordings for audio/visual use in live performances of the Production and such work will form a normal part of the Artists work. 14.5" Copyright and other Rights and Consents The Artist assigns (insofar as possible) to ENO any copyright and other like rights which may arise during the course of the provision of the Services, including for example, all performance and rental and lending rights under the Copyright, Designs and Patents Act 1988 (the Act) for the full period of copyright and hereby irrevocably and unconditionally grants to Company in perpetuity all consents required pursuant to Part II of the Act which the Company may require for the making and exploitation of the Production in all media in perpetuity. The Artist conrms that the Artist irrevocably waives pursuant to section 87 of the Act unconditionally, irrevocably and in perpetuity throughout the world all rights in the products of the Services granted by sections 77 to 85 inclusive of the Act and all similar rights throughout the world. The Artist hereby conrms that the fees payable hereunder includes equitable remuneration for all lending and rental rights which are hereby granted to Company. 14.6" Media (a)" The Artist hereby grants to ENO the right to the Artists name, likeness, photograph, biography and recordings of voice for the purposes of publicising the Production in all media.

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" (b)" The Artist agrees that the Weekly Fee includes equitable remuneration with no further payment due in respect of recording and using the Artists performance in the following ways and media: electronic press kits which may include recordings of sections of rehearsals, dress rehearsals and performances to make audio and/or visual recordings, including up to a total of 15 minutes of footage in any format. These recordings will be for non-commercial marketing and promotional purposes to promote ENO and/or ticket sales; recordings (audio, visual and/or audiovisual) or interviews for archive, education, publicity and marketing and other non-commercial purposes (including but not limited to news access relating to ENO productions) in all media whether now known or hereinafter invented; public Big Screen relays of live performances for a non-paying audience; internet streaming and/or download of the Production whether audio and/or visual available at no cost to the public on-demand for up to 30 days from the date when such streaming is rst made available; a documentary relating to the Production or ENO productions that does not result in any net income to ENO provided that ENO shall consult with the Artist prior to entering into any agreements regarding such a documentary in relation to the aspects of the Production to be covered; and recordings of the Artist to use within the Production.
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(c)" In the event that ENO wishes to exploit the Artists performance in ways and media other than those set out in sub-clauses 14.6(a) and (b) above ENO hereby agrees to pay the Artist an amount of 1.25 times the Weekly Fee as a total buyout with no further payment due in respect of all exploitation in addition to those categories set out in 14.6 (a) and (b) which ENO may make of the Artists performance in the Production in all media whether now known or hereafter invented whether by means of (without limitation) terrestrial television, theatrical release, satellite broadcasting, cable retransmission, online transmission or otherwise including all rebroadcasts and retransmissions in perpetuity with no further payment due to the Artist Provided That nothing in this agreement shall prevent the Artist from being entitled to receive income under collective agreements negotiated by recognised collecting agencies under the laws of any jurisdiction however there shall be no obligation on the part of ENO or any third party to collect on behalf of the Artist any such payment from any such society under the laws of any jurisdiction. 15" TERMINATION

15.1" This agreement may be terminated prior to the expiry of the Term with no further fees payable by ENO to the Artist in the following circumstances: By ENO on giving not less than one weeks notice in the event of: " (a)" the cancellation for any reason of any rehearsals, performances or the Production as a whole;

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(b)" (c)"

any change to, or reduction in, actors or dancers; incapability or inability on the part of the Artist;

(d)" if the Artist in any way disparages or otherwise endangers the reputation of ENO or the Production; (e)" in ENOs reasonable opinion, due to illness or injury the Artist will not be present for sufcient rehearsals to be able to appear in the performances. 15.2" By ENO on giving notice with immediate effect in the event of any material breach of this agreement by the Artist or the Artist is unable or unwilling to carry out any of his/ her obligations under it. 15.3" By the Artist giving one weeks notice in circumstances of an emergency. ENO will make a reasonable decision as to what constitutes an emergency and ENOs decision shall be conclusive. 16" ENO POLICIES AND PROCEDURES

The Artist is required to read and abide by the following safety paragraph and ensure he/ she is aware of and abides by any other safety procedures applicable during his/her engagement. Full details of current procedures are available in the Health and Safety ofce at the theatre and subsequent procedures may be issued from time to time. The Artist is required to: familiarise himself/herself with and abide by ENOs Fire and Emergency Procedures; (b)" familiarise himself/herself with and abide by ENOs policy document on Health and Safety. Under this policy, and in accordance with the Health & Safety at Work Act (1974), he/she has a responsibility to take reasonable care for his/her own health and safety and that of others who may be affected by his/her actions or omissions; (c)" familiarise himself/herself with and abide by ENOs Theatre and other property rules; report any accident, injury or near miss, however trivial, that arises during the course of his/her engagement, to the relevant ENO representative and to complete an accident record form; and (e)" not voluntarily engage in any hazardous pursuit or take any or take any risk the taking of which would invalidate or affect any normal policy of insurance of the Artists life or health effected in connection with the Production or which might interfere with the Artists ability to provide his/her services under this agreement. 17"
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CONFIDENTIALITY

17.1" All information concerning ENO, or any related party, which shall include the contents of this agreement and ENOs business, nances, affairs, proposals, productions, patrons and staff, must be held in the strictest condence and may not be used or divulged by the Artist to any unauthorised person at any time. If the Artist is in any doubt about the status of such information, the Artist must seek advice from ENOs head of movement.

This restriction applies both during and after the Artists engagement but shall cease to apply if the information enters into public domain (other than by the Artists breach of this clause). 17.2" Any contact with the media regarding ENO, or any related party or its productions requires the prior approval of ENOs director of communications or nominated representative. 18" FAILURE TO PRODUCE AND LIMITATION OF LIABILITY 18.1" ENO does not undertake and shall not be bound to produce and present the Production and the Artist agrees that [he/she] shall not make a claim and ENO shall not be under any liability in respect of any claim for loss of publicity or opportunity to enhance the Artists reputation notwithstanding the fact that ENO may abandon or postpone the Production or for any other loss, damage or compensation if ENO fails to present the Production or having done so fails to continue presenting the Production. 18.2" ENO shall only be liable for any personal injury, ailment or the death of the Artist arising out of or in connection with the Artists engagement hereunder to such extent that the same was due to the negligence of ENO. 19" CONDUCT

The Artist agrees to act in a professional and courteous manner and with full regard to the avoidance of sex, race and disability discrimination, consistent with current equal opportunities legislation. 20" Agent Where the Artist has an agent, the Artist conrms that the agent is his/her agent, that any notices or other information to be provided under this agreement may be delivered to the agent, and that all amounts payable under this agreement shall be paid to the agent whose receipt shall be a full discharge of ENOs relevant obligations. The Artist conrms that his/her agent shall be entitled validly to give any approval required of him/her pursuant to this agreement. 21" MISCELLANEOUS 21.1" The Contracts (Rights of Third Parties) Act 1999 shall not apply to any part of this agreement. 21.2" The parties agree that the provisions of this agreement are not intended to confer any rights of enforcement on any third party. 21.3" This agreement constitutes the entire agreement and supersedes any previous agreement, arrangement or understanding, (whether oral or written and whether between the parties or otherwise) relating to its subject matter except to the extent that the same is repeated in this agreement. 21.4" A variation of this agreement is valid only if it is in writing and signed by or on behalf of each party. 21.5" This agreement is personal to the Artist and may not be assigned, sub-licensed or transferred in any way without the prior written consent of ENO.

21.6" ENO shall be entitled to assign or sub-license the benet of the whole or part of this agreement to any third party but shall remain primarily liable for the obligations hereunder. 21.7" If at any time any one or more of the provisions (or part of one or more of the provisions) of this agreement becomes invalid, illegal or unenforceable in any respect, under any law, the validity, legality and enforceability of the remaining provisions (or part or parts) shall not in any way be affected or impaired. 21.8" This agreement shall be governed and construed in accordance with the Laws of England and Wales and shall be subject to the exclusive jurisdiction of the English Court to whose jurisdiction the parties hereby irrevocably submit. The parties to this Agreement have signed it in acceptance of its terms on the day and year before written.

________________________________________________________________________ Type to enter text For and on behalf of ENGLISH NATIONAL OPERA"

________________________________________________________________________ Type to enter text " "