Entertainment industry managerial agreement checklist

Use our advisory checklist to see what should be included in entertainment industry managerial agreements.

This 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.

Introductory

The following should be included:

  • The heading makes it clear it is an entertainment industry managerial agreement. (E)
  • The Agreement complies with the Entertainment Industry Act 2013 (the Act). (E)
  • The Agreement is in writing. (E)
  • The Agreement uses definitions consistent with the Act. (BP)
  • The Agreement identifies the parties to the Agreement by name. (BP)
  • The duration or term of the Agreement is clearly set out. (BP)
     

Services

  • The services to be provided by the Performer Representative are clearly set out. (E)

This should include which services from section 5 of the Act are being provided. It should also specify the additional services being provided to the performer. The additional services must relate to the management of the reputation, career or career development of the performer.
 

Fees

  • The fees being charged for the additional services are clearly identified. (E)
  • There are no joining fees being charged. (E)
  • There are no retention fees being charged. (E)
  • The total fees being charged (“capped” fees under the regulations and additional fees under the managerial agreement) are clearly identified. (BP)

Acknowledgement of additional fees

  • The Agreement contains a clause which clearly acknowledges that an additional fee is being charged for the provision of additional managerial services. (E)

Cooling off period

  • The Agreement provides a 3 day cooling-off period. (E)
  • The cooling-off period ends at 5pm on the third business day after the day on which the Agreement was entered into. (E)
  • A performer may terminate an entertainment industry managerial agreement before the end of the cooling-off period, by notice in writing to the performer representative. (See sample notice at the end of this checklist.) (E)
  • A performer may waive the cooling-off period at the time of entering into the managerial agreement (E)

Information for performers

  • Attached to this Agreement or provided separately to the performer is Information for Performers, as required under the Regulations. (E)
  • If the performer is a child, attached to this Agreement and provided to the parents of the child performer, is the “Parents’ Fact Sheet” published by the Office of the Children’s Guardian. (E)

Performer representative obligations

  • The performer representative will provide financial statements to the performer after receiving any money on behalf of the performer. (E)
  • The performer representative will maintain accounting records in respect of money received on behalf of the performer for at least 5 years. (E)
  • A trust account has been established for the purpose of holding money received on behalf of the performer by the performer representative. (BP)
  • The performer representative abides by the Code of Conduct. (BP)

Performer obligations

  • The Agreement specifies any obligations the performer has to the performer representative. This may include, for example, requirements to provide photographs, portfolios and up to date CVs. (BP)
     

Contract termination

  • The Agreement makes provision for its termination by either party and clearly sets out the obligations the performer and the performer representative have upon termination. (BP)

General

  • The Agreement is governed by the laws of New South Wales. (E)

The Secretary of the NSW Department of Customer Service

Under the Entertainment Industry Act 2013, the Secretary of the Department of Customer Service must approve the form of the Notice of termination and the Waiver of the cooling off period.

A performer may terminate an entertainment industry managerial agreement by giving notice of termination before the end of the three day cooling-off period. The cooling-off period ends at 5pm on the third business day after the day on which the entertainment industry managerial agreement was entered into.

A performer may waive the cooling-off period in an entertainment industry managerial agreement by giving notice in writing at the time of entering into an agreement.

The following examples have been approved for use when providing notice of termination or a waiver of the cooling off period

Notice of termination

I, (name of performer), of (address) give notice that I am terminating the entertainment industry managerial agreement entered into with (name of performer representative) on (date). This notice is given before the end of the cooling-off period and takes effect at the time given. I acknowledge (name of performer representative) may be entitled to receive such fees, remuneration or payments as are permitted under section 12 of the Entertainment Industry Act 2013, for services provided to me under the managerial agreement before the giving of this notice.

Signed:

Date:

Notice of waiver

I, (name of performer), of (address) give notice that I waive the cooling-off period provided for in this entertainment industry managerial agreement, entered into with (name of performer representative) on (date). This notice is given at the time of entering into the agreement.

Type: Checklist
Author: NSW Fair Trading
Publication Date: 05 June 2025

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