LA 99-Seat Theatre and Equity Waiver Explained
For decades the 99-seat plan decided how union actors could work in small Los Angeles theatres. It was replaced in 2015, and the rules that followed still shape who is on stage, how they are paid and what an audience can expect.
What is the 99-seat plan
The 99-seat plan, also called the Equity Waiver Plan, was a set of rules from Actors' Equity Association, the US union of professional stage actors and stage managers. It let Equity members act in Los Angeles theatres of 99 seats or fewer without a standard union contract, under looser conditions than a full contract would allow. In 2015 Equity ended it and put a different structure in its place.
According to American Theatre magazine, the plan was created in a settlement of a 1988 lawsuit that actor-producers filed against their own union. The number 99 is simply the capacity ceiling: the rules applied to houses at or under that size, and the current Equity agreement still defines its scope the same way, as theatres in Los Angeles County with 99 seats or fewer.
Why Los Angeles needed it
Los Angeles has a large pool of working actors, many of whom work in film and television. Stage work for them is often about craft, new plays and keeping a creative life going, not about a wage. A small house with a modest budget could not afford a full union contract for every performer, so the plan gave both sides a middle path. That is why so many of the city's intimate theatres, from converted storefronts to purpose-built black boxes, were able to produce serious work with union members in the cast.
Where the 99 seats come from
There is nothing magic about the figure. A capacity limit gives a clear line between a small house, where the plan applied, and a larger commercial or regional house, where a standard contract would. When people talk about 99-seat theatre in Los Angeles they usually mean the whole culture of small stages, not only the legal category. You can read more about those stages in the small theatre guide and the page on the North Hollywood theatre scene.
How the Equity waiver works
The short answer is that the old waiver no longer exists. After the 2015 decision, Equity's rules for small Los Angeles theatres rest on a few separate instruments, and the details sit in documents that Equity shares with members and producers. What follows is based on Equity's own public pages and on reporting from the time. For anything binding, check the union directly.
The LA 99-Seat Agreement
This is the contract that replaced the plan. Equity's page describes it as covering theatres in Los Angeles County with 99 seats or fewer, with salaries based on minimum wage. The same page says the agreement places no limits on ticket prices, the number of performances or the number of rehearsals. Its current term runs from 28 July 2025 to 1 August 2027. The full rulebook is available to members through the Equity member portal, and producers can contact Equity's Western Region office with questions.
Self-produced and membership company work
Equity also has an internal rule, the LA Self-Produced Project Code. It lets members work without the benefit of a contract in member-produced productions in Los Angeles County, in theatres of 99 seats or fewer. Equity describes the members in these projects as a collaborating group who are not employed by any producing entity. In 2015, reporting on the changes also described an expanded membership company waiver, which lets existing membership companies hire union actors without a contract, and a 50-seat showcase option. Treat those two as historical reporting and check the current Equity documents before relying on them.
A short timeline
- 1988: the 99-seat plan is created in the settlement of a lawsuit by actor-producers against Equity.
- 6 February 2015: Equity proposes changes, including minimum wage for union actors in all rehearsals and performances.
- 17 April 2015: in a non-binding referendum of Los Angeles Equity members, 66 percent of voters reject those proposals.
- 21 April 2015: Equity's national councillors issue a new set of proposals.
- After 2015: a transition period of 13 months leads to the new agreement and codes.
- 28 July 2025: the current LA 99-Seat Agreement term begins, running to 1 August 2027.
These dates come from American Theatre's reporting on the dispute and from Equity's page on the agreement. The home page cue sheet shows the same sequence.
Equity vs non-Equity
Equity members are union actors and stage managers. Non-Equity actors are everyone else who performs, including students, community performers and many professionals who have not joined the union.
The practical differences are about contracts, pay and audition access. A union contract sets minimum pay and working conditions. A non-union production sets its own terms, which can range from a modest stipend to no pay at all. Neither status says anything about talent, and small Los Angeles stages often cast both kinds of actor in the same show.
What is the difference between Equity and non-Equity theatre?
Equity theatre is produced under a union agreement or code that sets pay and conditions for members. Non-Equity theatre is produced without one. In Los Angeles the line is blurry because the 99-seat structure lets a production mix members and non-members.
Can non-Equity actors audition for Equity shows?
Often yes, but with limits. Equity's own audition protocols say that at an Equity Principal Audition, non-Equity actors may be seen only if time allows and no Equity members are waiting, and the employer keeps a waiting list for them. Auditions run under a 99-seat agreement or by an independent theatre are usually open to both groups, and the casting notice will say so.
Joining the union
Since 2023 Equity has had an open access policy. Equity says that anyone who can prove they have worked professionally as an actor or stage manager within its jurisdiction can join. Before that, membership was tied to working for an Equity employer, through a direct contract or the Equity Membership Candidate program. Equity stopped admitting new candidates on 8 May 2023, and existing candidates kept prioritised audition access until 8 May 2026. After that date they are treated like other non-Equity actors.
How much do Equity actors get paid?
It depends on the contract. For the LA 99-Seat Agreement, Equity states that salaries are based on minimum wage and does not publish a dollar figure on that page, so look at the current Equity documents for numbers. Under the self-produced code there is no contract and no minimum salary. Pay for larger union contracts is set in separate agreements.
What it means for audiences
For an audience member the legal structure is mostly invisible, but it explains several things you will notice.
- The room is small. A house of 99 or fewer puts you a few rows from the actors, which changes how performances are built.
- Prices vary. Equity's page says the 99-seat agreement itself sets no limit on ticket prices, so what you pay is the producer's decision. Look at the theatre's own ticketing page for current prices.
- The cast may be mixed. A union member, a student and a first-time performer can share a stage.
- Quality does not follow the contract. A production under a self-produced code can be as polished as one under a formal agreement, and the reverse is also true.
If you are choosing what to see, the guide to the North Hollywood theatre scene explains how to read a listing and plan a visit.
What it means for actors
For actors the rules decide whether a production pays, how rehearsal time is treated and whether a role counts toward union goals.
- Ask before you commit. Find out whether the production is under the 99-seat agreement, a self-produced code or no union arrangement at all, and what, if anything, you will be paid.
- Union members should confirm with Equity which rules cover a production before accepting a role. Working outside the rules can have consequences for membership.
- Non-members should read the casting notice carefully for words such as stipend, unpaid, or open to all. Small stages can be a good place to build credits, but your time has value.
- Keep a record of rehearsal and performance dates in case terms are unclear later.
To find calls in the first place, read the guide to theatre auditions in Los Angeles. Sources for this page: Equity's LA 99-Seat Theatre page, Equity's LA Self-Produced Project page, Equity's open access announcement and American Theatre's 2015 interview with Equity's Mary McColl.