Agency and management agreements for performers.

This article is for informational purposes and general commentary only. It does not constitute legal advice and does not create a solicitor-client relationship.

A performer who is starting to get work often reaches the point where an agent or a manager wants to sign them. The agreement that follows decides how much of the performer's income the representative keeps, what the representative must do in return, and how the performer's money is handled. In New South Wales this is not left to the open market. The Entertainment Industry Act 2013 (NSW) sets the rules for people who represent performers, and it protects performers from some of the practices that used to be common in the industry. This note explains how agent and manager deals work, what the Act allows and forbids, and what a performer should look at before signing.

What is a performer representative?

A performer representative is a person or business that represents a performer to get them work or to manage their career. The Act splits these into two kinds of deal. An entertainment industry agreement is the deal a performer makes with an agent, whose job is to find the performer work and negotiate the terms. An entertainment industry managerial agreement is the deal with a manager, who takes a wider role in running and building the performer's career and may provide extra services on top of finding work.

The line matters because the two kinds of agreement are treated differently on fees. An agent under a plain entertainment industry agreement is held to the fee caps and cannot go beyond them. A manager under a managerial agreement can charge for genuine extra services on top of the capped amount, but only where those services are actually provided. Both kinds of agreement must be in writing, and the representative must keep a copy.

How much can an agent or manager charge?

The Act caps the fee a representative may take from a performer, and the cap depends on the kind of work. For live theatre, or a live musical or variety performance, a representative can charge up to 10 per cent for the first five weeks of the performance and 5 per cent for any period after that. In all other cases, including film, television and electronic media, the cap is a flat 10 per cent.

The cap is worked out on the money due to the performer for the performance, and some items are left out of that figure. Travelling and meal allowances, holiday pay, long service leave, superannuation, overtime and penalty payments, and any award payment for rehearsals do not count towards the amount the percentage is taken from. A performer who is told a representative is entitled to a slice of those items should check the agreement against the Act, because the base for the fee is narrower than a headline pay figure.

What fees are banned?

A representative cannot charge a performer simply for taking them on or keeping them on the books. Joining fees, audition fees and retention fees are all banned. A representative is not allowed to demand or receive money for the performer joining, auditioning to join, or being kept on and represented over time. The representative earns its fee out of the work it actually secures, within the caps, and not from up front or standing charges.

A manager under a managerial agreement can charge for additional services beyond finding work, and the Act contemplates things such as photographs or the legal costs of finding a performer work. Those charges are only allowed where the managerial agreement provides for them and the service is genuinely provided. They are not a way around the ban on joining and retention fees, and a performer should be able to see what each extra charge is for.

How is a performer's money handled?

Where a representative receives money for a performer and does not pay it straight to them, the representative must hold it in a trust account in New South Wales. The money must be passed on to the performer within 14 days of the representative receiving it. This rule keeps the performer's earnings separate from the representative's own funds and puts a clear time limit on how long a representative can sit on money that belongs to the performer.

There are payment rules on the hiring side as well. An entertainment industry hirer, such as a venue or a producer who engages a performer, must pay the performer within one calendar month after the performance unless there is a written agreement that says otherwise. A venue representative who collects money for a performer must pass it on within 14 days unless the performer has agreed to something different. Late payment is one of the things NSW Fair Trading can take a complaint about.

What records must a representative keep?

A representative must keep proper records and keep them for at least five years. That includes accounting records of money paid to the representative for the performer's services, a copy of each financial statement, and a copy of every written agreement the representative has entered into with the performer or on the performer's behalf. If the performer asks for any of these records, the representative must make copies available. The record keeping duty sits in section 7 of the Act.

These duties give a performer a way to check what has been earned and taken on their behalf. A performer who is unsure whether the fees charged match the caps, or whether money has been passed on in time, is entitled to ask for the records and work it through. A representative who will not produce them is not meeting the Act.

Can a performer get out of the agreement?

An agreement between a performer and a representative can be ended, and the Act contemplates a cooling off period during which a performer can pull out of a deal shortly after signing. A representative may still be entitled to be paid for costs it properly incurred before the agreement ended, including where the agreement ends during the cooling off period, but that is limited to real costs and does not revive the banned fees. A performer thinking of signing should read the term of the agreement, how it can be ended, and what happens to work already in train when it ends.

Because the detail of the cooling off period and the notice terms can turn on the particular agreement and the current regulation, a performer who wants to leave a deal or who is being held to one should get advice on their own agreement rather than assume the general position applies. The rules on how a contract is formed and when it binds are set out in the note on letters of engagement versus full contracts.

What about performers outside New South Wales?

The Entertainment Industry Act 2013 is a New South Wales statute, and its caps and conduct rules apply to representation connected with New South Wales. In other states and territories there is no identical scheme, and the relationship between a performer and an agent or manager is governed by the general law of contract and by the Australian Consumer Law, which controls unfair terms in standard form consumer and small business contracts. Industry bodies such as the Media, Entertainment and Arts Alliance also publish guidance on agent and manager terms.

So a performer working across the country should not assume the New South Wales caps apply everywhere. What does travel is the ordinary law of contract. A performer signing anywhere should read the fee, the term, the termination rights and the exclusivity before signing, and should be wary of any deal that ties them up for a long period on terms that only the representative can end.

What should a performer check before signing?

A few points repay attention. The fee should be within the caps for New South Wales work, and the performer should understand what the percentage is taken from. There should be no joining, audition or retention fees. Any extra charges under a managerial agreement should be named and tied to a real service. The agreement should say how the performer's money is handled and when it is paid across. The term and the way the deal can be ended should be clear, and the exclusivity, whether the performer can use another agent for some kinds of work, should be spelled out.

An agent or a manager can be one of the most useful relationships a performer has, and the New South Wales scheme gives performers real protection that did not always exist. The agreement is still drafted by the representative, though, and its terms favour the representative unless the performer reads them and asks. Getting advice before signing, and keeping the records the Act entitles you to, are the cheapest protection a performer has.

Frequently asked.

How much can an agent or manager charge a performer in NSW?

Under the Entertainment Industry Act 2013 (NSW), for live theatre or a live musical or variety performance a representative can charge up to 10 per cent for the first five weeks and 5 per cent after that. For all other work, including film, television and electronic media, the cap is a flat 10 per cent. The percentage is taken on the money due for the performance, leaving out items such as travel and meal allowances, holiday pay, long service leave, superannuation, overtime and penalty payments, and rehearsal award payments.

What is the difference between an agent and a manager?

An agent works under an entertainment industry agreement and finds a performer work and negotiates the terms. A manager works under an entertainment industry managerial agreement and takes a wider role in running and building the performer's career. A manager can charge for genuine additional services on top of the capped fee where the agreement provides for them and the service is actually provided; an agent under a plain agreement is held to the caps.

Can an agent charge a joining fee or a retention fee?

No. Under the Entertainment Industry Act 2013 (NSW) a representative cannot charge a performer for joining, for auditioning to join, or for being kept on and represented over time. Joining fees, audition fees and retention fees are all banned. A representative earns its fee out of the work it secures, within the caps, not from up front or standing charges.

How quickly must a performer be paid?

If a representative receives money for a performer and does not pay it straight to them, it must be held in a trust account in New South Wales and passed on within 14 days. A venue representative must also pass money on within 14 days unless the performer has agreed otherwise. An entertainment industry hirer, such as a venue or producer, must pay the performer within one calendar month after the performance unless a written agreement says otherwise.

Can a performer cancel an agreement with an agent or manager?

An agreement can be ended, and the Act contemplates a cooling off period during which a performer can pull out shortly after signing. A representative may be entitled to payment for real costs incurred before the agreement ended, including during the cooling off period, but not the banned fees. Because the detail turns on the particular agreement and the current regulation, a performer wanting to leave a deal should get advice on their own agreement.

Do these rules apply outside New South Wales?

The Entertainment Industry Act 2013 is a New South Wales statute, so its caps and conduct rules apply to representation connected with New South Wales. In other states and territories there is no identical scheme, and the relationship is governed by the general law of contract and the Australian Consumer Law, which controls unfair terms in standard form consumer and small business contracts. Industry bodies such as the MEAA also publish guidance.

If you are a performer, producer, venue, or independent practitioner and this raises a question about your own situation, Aaron Kernaghan and the team at Brady & Associates Lawyers can give you tailored guidance. Call 0421 717 019 or contact the firm.

This article is for informational purposes and general commentary only. It does not constitute legal advice and does not create a solicitor-client relationship. It reflects the law in Australia as at 24 September 2026, with a focus on Commonwealth law and New South Wales and ACT practice. The law changes and applies differently to every set of facts. Written by Aaron Kernaghan, Brady & Associates Lawyers.

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