Section 9.32. Theatrical engagements by foreign agents

(a) Definitions. The following words and terms, when used in this section, have following meanings, unless the context clearly indicates otherwise:

Endorsing agent—A class ‘‘2’’ employment agent duly licensed by the Department under the act and this subchapter, who approves the contract for a theatrical engagement by a foreign agent.

Foreign agent—A theatrical agent or employment agent validly operating under the law of the state in which he has his principal place of business.

(b) Approval by endorsing agent. A foreign agent may make a theatrical engagement in this Commonwealth if the contract for such engagement is in writing and is approved by an endorsing agent. Except as provided for in subsection (c), such approval shall be given prior to commencement of the engagement. The approval shall be an endorsement signed by the agent or, in the case of a corporation, an officer of such corporation. The endorsement shall appear in all copies of the contract.

(c) Emergency engagement. In the case of an emergency engagement, as defined by section 2 of the act (43 P. S. § 536(2)), the endorsement shall be made within 48 hours after the engagement is made and, in no case, more than 48 hours after the commencement of the engagement.

(d) Responsibility of endorsing agent. The endorsing agency shall be responsible for compliance with all conditions and requirements of the act and this subchapter. All statements, forms, and contracts required to be filed by the act shall be filed with the endorsing agent. The endorsing agent shall be considered the employment agent for all purposes under the act and this subchapter.

(e) Agreement between foreign and endorsing agent. No foreign agent shall act as an endorsing agent, and no endorsed contract shall be valid unless there is filed with, and approved by, the Department at least seven days in advance of such endorsement, a written agreement between the foreign agent and the endorsing agent, stating that for a consideration, the endorsing agent agrees to endorse such employment contracts as the foreign agent shall present to him, if such contracts, in the opinion of the endorsing agent, are and will be fair and equitable to the entertainer, and are proper under the terms of the act and this subchapter and if the endorsing agent understands that he is responsible for compliance with all the requirements of the act and this subchapter. Such statement shall also contain a provision by which the foreign agent appoints the endorsing agent as his agent for receipt of any service of process, whether civil or criminal, before any court whether or not of record, or any agency of the Commonwealth. Such statement shall be sworn to by both the endorsing agent and the foreign agent before any person duly authorized to take oaths under the laws of the Commonwealth.

(f) Suspension or revocation. The Department may suspend or revoke for cause the authority of any foreign or endorsing agent to act under the terms of the statement. A hearing shall be provided for in all such cases but a suspension may be ordered pending the hearing and its outcome.

Notation

Cross References

This section cited in 34 Pa. Code § 9.31 (relating to clearing of contracts); and 34 Pa. Code § 9.33 (relating to distribution of regulations to parties).