What to Consider Before Signing an NDA

“NDA” stands for nondisclosure agreement; it’s a legal document used to ensure that private information remains confidential. As a dancer or choreographer, you may be asked to sign this type of agreement when you work with a celebrity or participate in a show that wants to keep its choreography, design,­ special effects and/or release date secret. There may also be times you’ll be asked to sign an NDA that’s being used to silence someone or erase an issue. This is when it’s particularly important to be aware of what the NDA allows and prevents and to think carefully before you sign.

Protecting the Creative Process  

NDAs typically restrict what performers and professionals can publicly disclose about their ongoing projects. For Cati Snarr, who has choreographed Super Bowl halftime shows for more than a decade, NDAs are commonplace. “I signed four different NDAs for the 2024 halftime show,” says Snarr, owner and artistic director of Utah Dance Institute. “The first one was for the NFL, which I signed when I agreed to work on the project. The second was for Michael Curry, who designed the special effects, and I agreed not to disclose any of the material we discussed or created. The third one was for Jay-Z’s entertainment company, Roc Nation, and I agreed not to share any information or images about the production. And the fourth was for Usher, and I agreed to keep details of rehearsals private.”

These precautions made sense, says Snarr, because the halftime show’s impact relied on the element of surprise, as demonstrated by the enthusiastic response from Super Bowl fans to unexpected additions, like acrobats and roller skaters sharing the stage with Usher. Snarr says she also signs NDAs when she works on awards shows like the Grammys or Emmys­ because the identities of presenters and awardees need to be kept secret. 

Protecting People

Security concerns can be another reason to keep things private, particularly when celebrities are involved. According to Snarr, everyone involved in Super Bowl rehearsals had to turn off their phones’ location services and put their devices in sealed Yondr pouches. “One crew member had their phone in a back pocket during a rehearsal, with the camera on,” says Snarr. “They never returned to the project after that day.”

Such precautions prevent artists’ locations from being revealed and leaks of rehearsal images onto social media. Maintaining privacy during the creation process can enable a freer working environment for those involved. “Over the years there have been some tough rehearsals, when ideas we were exploring weren’t working,” says Snarr. “Because we kept these moments private, artists were able to retain their ideas, allowing them to create without scrutiny in the early stages.” 

NDAs can also be requested to protect audience members. Fifteen years ago, Terese Cardamon danced in a performance by Cirque du Soleil in Washington, DC, and remembers signing an NDA to keep the details of the event private. She recalls that President Obama was on the list of invited guests, as well as other well-known politicians, which explains why the location required secrecy. She encourages dancers to ask questions if there are aspects of a project that are unfamiliar, and to ask that expectations and requirements for their role be put in writing. 

When NDAs Raise Concerns

While NDAs can play a role in protecting the privacy of the creative process and product, they should not be used as a way to prevent an employee from talking about an abuse of power or from holding a company or individual accountable for misconduct. In addition to prerehearsal NDAs, you may be asked to sign an NDA if you’ve made a formal complaint about wrongdoing or misconduct, or if you’re being fired or laid off.

Gabrielle Salvatto, a member of Dancers Amplified, a global alliance of artists invested in equity, and a lead researcher for the group’s Global Active Practices, cautions dancers to think deeply before signing any agreement that could protect perpetrators of harm. Salvatto notes that these are often used to excuse and erase behavior that impacts the artists who are the most vulnerable. The concern that artists might be prevented from speaking about wrongdoing or misconduct is one reason some unions, notably Equity, have in recent years sought to limit the scope of NDAs and to have the language included as a contract rider.

When is it a bad idea to sign an NDA? Snarr says if an NDA seems to infringe on a dancer’s safety or fair treatment, they should ask questions. Look for terms that are unclear, restrictions that are unreasonable, and obligations that are one-sided. If anything causes concern, consult a lawyer, union representative, or trusted advisor before signing. And consider your personal ethics: Does an NDA require you to keep confidential information that you believe should be reported?­ Realistically, not signing the agreement likely means you will not get (or keep) the job, but the question remains: Do you want to work with people who do not support your safety, success, or well-being? If there is criminal activity involved, an NDA will not hold up in court, but this is a difficult and expensive path to pursue. 

Snarr says a good question to ask yourself before signing is “Are these policies helping artists or holding us back?”