Entertainment industry agreements: Performer and representative rights
Get help from NSW Fair Trading about a breach of entertainment industry or managerial agreements.
NSW Fair Trading can take enquiries about:
- the legislation and rights and responsibilities of performers and performer representatives
- complaints about not paying a performer within the specified timeframe
- a breach of agreement terms
- fees exceeding the capped amounts set out in the legislation.
Types of agreements
Entertainment industry agreements
An entertainment industry agreement is a verbal or written agreement between a performer and a performer representative about:
- standard services the performer representative provides
- the maximum allowable fees the performer representative charges.
Entertainment industry managerial agreements
An entertainment industry managerial agreement is a written agreement that outlines the services that will be provided relating to the management of a performer’s:
- reputation
- career, or
- career development.
A performer representative is a person who, for a fee:
- seeks or finds work opportunities for the performer
- negotiates terms of a performance agreement
- finalises payment arrangements for the performer
- administers the agreement between the performer and an entertainment industry hirer
- makes publicity arrangements for the performer.
However, the agreement cannot include fees for:
- joining
- auditioning
- ongoing retention, or
- entering into a contract with a performer.
This agreement must be in writing and both parties must sign the agreement.
The agreement must fix the fees payable by the performer for the services specified in the agreement and must contain an "additional fee acknowledgement" stating:
- the performer understands that the written agreement allows fees to be charged in excess of the fee caps in return for the performer representative providing additional managerial services
- the performer understands that a cooling-off period applies
- the performer representative has provided the performer with the required information.
Before signing an agreement
A performer representative must provide the performer with adequate information prior to the performer signing either:
- the entertainment industry agreement, or
- the entertainment industry managerial agreement.
This includes information on the:
- charging of fees
- services on offer
- cooling off period
- the effect of entering into the entertainment industry agreement or entertainment industry managerial agreement on the performer.
If a child enters into an entertainment industry agreement the parents must be given the Children's Employment - Information for Parents Factsheet.
More information on hiring minors is avaialble on the Office of the Children’s Guardian website.
Information performer representatives must provide
Performer representatives, when entering into an agreement with a performer (whether in writing or not) must also provide an information statement to that performer.
Cooling off periods
A 3 day cooling off period applies to all entertainment industry managerial agreements.
During the cooling off period a performer may terminate the entertainment managerial agreement without penalty by submitting notice in writing to the performer representative. However, they may still be liable for any costs incurred by the performer representative such as travel to and from a performance location.
The cooling off period ends at 5pm on the 3rd business day after the agreement was entered into.
Special provisions for child performers
A performer representative must, before entering into an agreement with a performer who is a child, provide the parents of the child with any information required by the regulations relating to the conditions of employment of minors under the Children and Young Persons (Care and Protection) Act 1998 or any other Act or law.
This includes providing the information from Children’s Guardian.
Entertainment industry managerial agreement checklist
The entertainment industry managerial agreement checklist is advisory only. It identifies essential (E) and best practice (BP) elements that should be included in Entertainment Industry Managerial Agreements.
Performer representatives can use this checklist as a guide for drafting their own agreements.
Record keeping
Accounting and other records are required to be held for at least 5 years at the performer representative’s principal place of business.
Records required to be held:
- accounting records in respect of money received on behalf of a performer
- copies of financial statements
- a copy of each written agreement the representative has entered into with a performer (or with another person on behalf of a performer).
A performer representative must provide copies of any records requested by a performer.
Penalties for non-compliance
Breaches of entertainment industry laws may result in penalties. These penalties could be:
- a fine
- being banned from continuing the business for either a specified or indefinite period
- compensation to the performer for any loss or damages incurred.
Resolving disputes
NSW Fair Trading offers free complaint and enquiry service for:
- performers
- performer representatives
- venue representatives
- venue hirers.
You can lodge a complaint:
- online
- by post, or
- by calling us on 13 32 20 between 8:30am and 5pm Monday to Friday.