NSWIn ForceAct
Entertainment Industry Act 2013
12Cooling-off period for agreements including additional fee acknowledgment
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#### 12 Cooling-off period for agreements including additional fee acknowledgment
12 Cooling-off period for agreements including additional fee acknowledgment
> > (1) There is to be a cooling-off period for every entertainment industry managerial agreement.
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> > (2) 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.
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> > (3) 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 (a notice of termination).
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> > (4) If a performer gives a performer representative a notice of termination before the end of the cooling-off period—
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> > > (a) the entertainment industry managerial agreement is taken to be terminated at the time the notice is given (subject to this section), and
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> > > (b) the performer representative is entitled to payment, in respect of any services provided in accordance with the agreement before its termination, of fees or other remuneration not exceeding the capped amount.
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> > (5) If at the time of the termination of the agreement the performer is not engaged for a performance, the performer representative is entitled to payment by the performer of the reasonable costs incurred by the representative in providing services to the performer in accordance with the agreement before the notice of termination was given.
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> > (6) If the entertainment industry managerial agreement so provides, the agreement remains in force after the notice of termination is given to the extent that it requires—
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> > > (a) the performer to pay any fee or other remuneration that does not exceed the capped amount, and
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> > > (b) the performer representative to provide one or more services specified in the agreement as being services that the representative will provide if notice of termination is given.
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> > (7) A performer may waive the cooling-off period provided by this section, at the time of entering into an agreement, by notice in writing to the performer representative.
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> > (8) Notice of termination and notice of the waiver of the cooling-off period must be in the form approved by the Secretary.