How to Not Get Screwed: Protecting Your Band Without a Lawyer
You can cover most of it without a lawyer. The paperwork every show needs, what to check in a contract, and the band agreement to write while everyone still gets along.
By Team Roadi · Updated · 3 min read
Part of The Stuff Nobody Tells You: Music Business Basics for Indie Bands, from The Indie Band Survival Guide.
Quick Reference
You can protect your band without a lawyer by getting every deal confirmed in writing, knowing who you settle with, and keeping a record of what you were paid.
You don't have a lawyer. You probably can't afford one. But you can protect yourself with documentation, clear communication, and a few simple habits that cost nothing.
The Minimum Documentation
At every show, you should have the following documented and accessible to every band member:
- Confirmation of the deal terms. An email, a text, a screenshot. Something that shows: date, venue, deal structure, percentages, expenses, ticket price, payment method.
- A contact name and phone number for the person you're settling with.
- A record of what you were paid after settlement.
That's it. That's the floor. If you have these three things for every show, you have protection against most of the common problems: disputed deal terms, underpayment, and the classic "I never agreed to that."
Contracts vs. Confirmation Emails
Most venues under 500 capacity don't use formal contracts for local and regional bands. That's normal. What you need instead is a confirmation email that functions as a written agreement.
After you've agreed on terms over email or phone, send one email that summarizes everything:
Confirming for Saturday, April 12 at [Venue]:
- Door deal: 80/20 after $150 in production expenses
- $10 cover
- Doors at 8pm, we play at 10pm for 45 minutes
- 4 band comps
- No merch cut
- Cash settlement night of
- Settling with [name]
When they reply "confirmed" or "looks good," that exchange is your contract. Save it. Screenshot it. Have it on your phone at settlement.
When You Do Get a Contract
If a venue or promoter sends you a contract, read it. The whole thing. Look for:
- The deal terms. Make sure they match what was discussed.
- A radius clause. Know what it restricts (see the radius clause explained).
- A cancellation clause. What happens if the venue cancels? Do you get a kill fee? What happens if you cancel? Are you liable for expenses?
- Merch terms. Is there a venue merch cut? What percentage?
- Hospitality and production. What's included? What are you paying for?
- Indemnification and liability language. This is the dense legal part. In general, make sure you're not taking on unreasonable liability for things outside your control (venue safety, audience behavior).
If something doesn't look right, ask. "Hey, the contract shows a 25% merch cut. We discussed no merch cut. Can we update this?" Contracts are negotiable until they're signed.
Protecting Your Band Internally
The stuff that hurts bands most isn't venue disputes. It's internal disputes.
- Document your band agreement. Who owns the songs? How are royalties split? What happens to the band name if someone leaves? These questions feel awkward when everyone's getting along. They become lawsuits when someone isn't.
- Track all money. Income, expenses, who's owed what. A shared spreadsheet or financial tracker that all members can see prevents most internal money fights.
- Define decision-making. How does the band make choices? Majority vote? Unanimous? One person decides booking, another handles money? Whatever the system, agree on it and write it down.
The Free Resources
You don't need a lawyer for most of this. You need:
- A confirmation email template you use for every show
- A shared financial tracker (Google Sheets works)
- A one-page band agreement that covers ownership, splits, and decision-making (templates exist online for free)
- The habit of documenting everything
The bands that get screwed the worst are the bands that document nothing. Don't be that band.
Frequently Asked Questions
Do small venues use contracts with bands?
Most venues under 500 capacity don't use formal contracts for local and regional bands. A confirmation email that lists every term, answered with "confirmed," works as your written agreement.
What should I check in a show contract?
That the deal terms match what was discussed, plus any radius clause, the cancellation terms for both sides, merch terms, what hospitality and production include, and liability language that could make you responsible for things outside your control.
What should a band agreement cover?
Who owns the songs, how royalties and income split, what happens to the band name if someone leaves, and how the band makes decisions. Write it down while everyone gets along.