Section 12 - Termination
12. Termination
12.1. Required notice of termination will be negotiated between the Engager and Engagee prior to the engagement period and specified in the Agreement.
12.2. Under all circumstances of termination within the period of the engagement, if the Engager terminates the agreement, full compensation up to the date of termination must be paid to the Engagee.
12.3. Under circumstances considered without reasonable cause for termination:
Before the engagement period has begun:
One month’s notice will be required for either party to terminate the Agreement when termination occurs up to three months but less than a year in advance of the commencement of the engagement period.
Three months notice plus one week for every additional month, up to six months beyond a year, is required for either party to terminate the Agreement when termination occurs more than one year in advance of the commencement of the engagement period.
Once the engagement period has begun:
If the Engager terminates the Agreement, the Engager is in breach of contract and must pay the Engagee 100% of the remaining value of the Agreement.
If the Engagee terminates the Agreement, the Engagee is in breach of contract and must pay the Engager 50% of their fees to the date of termination.
12.4. Under circumstances considered as reasonable cause for termination either before or after the engagement period has begun, and as long as least one prior documented warning discussion has occurred between the Engager and Engagee:
The Engager may terminate the agreement at any time and no further compensation to the Engager will be required.
The Engagee may terminate the agreement at any time and no compensation to the Engager will be required.
Note: When reasonable cause is in dispute, members may refer to Section 15 as an alternative method of settlement.
12.5. The following may be added to the Agreement:
Force Majeure: In the case that the performance is rendered impossible or not feasible by an act or regulation of any public authority, civil turmoil, strike, epidemic, interruption or delay of transportation, facility or any cause beyond the control of the Engager or Engagee, it is understood and agreed that there will be no claim for damages by either party to this Agreement. Should the Engager be prevented from fulfilling engagement obligations by any of these acts, the Engagee’s obligations will be waived and the Engager will not be responsible for any payment due.
