APPENDIX H

The Consolidated Legal Disclaimers

Every legal caution in the book, in one place and in plain English — what the issue is, which professional to call, and which Texas agency or law is involved. Hand this to a new manager.

This appendix exists to do one thing well: gather, in a single place, every legal caution scattered across this book so that no one running your room has to hunt for them. It is the master disclaimer — the page you hand a new manager, the reference you return to before making a decision with legal weight, the consolidation of the “Heads Up” warnings that close every chapter. Each entry below states the issue in plain English, names the kind of professional to consult, and points to the Texas agency or area of law involved. It is organized by domain so you can find what you need fast.

Read the master disclaimer first, because it governs everything else. The single most important thing in this entire book about legal matters is this: this book is a PR and management guide, not legal, tax, financial, or accounting advice, and it is not a substitute for a qualified professional who knows your specific situation. The entries below tell you that an issue exists and who to ask — they do not, and cannot, tell you what to do about your specific circumstances. That answer comes from a licensed professional, every time.

The Master Disclaimer

The whole of this book, both volumes, rests on a few unchanging principles worth stating once, clearly, and in full:

• This is a PR and management guide, written to help you run a music room well — not legal, tax, financial, accounting, engineering, or any other professional advice.

• It is general and illustrative. Every example, template, checklist, and figure is a starting point for thinking, not a statement of what applies to your specific room, your building, your situation, or your jurisdiction.

• Laws and rules change and vary by location, circumstance, and time. What was accurate when written may not be accurate when you read it.

• You need real professionals. A licensed Texas attorney, a CPA or qualified tax/financial professional, your insurer, and the relevant specialists are the people who give you binding answers about your situation. Use this book to know what to ask; use them to get the answers.

• When in doubt, ask before you act. The cost of a professional’s time is almost always smaller than the cost of getting a legal, tax, or safety matter wrong.

Everything below is an application of these principles to a specific domain. None of it replaces them.

Music Licensing and Copyright

The issue. Performing copyrighted music publicly — live or recorded — requires public-performance licenses, and recording, streaming, and syncing music to video involve additional rights the performance license does not cover. Getting this wrong risks copyright-infringement liability. (Ch. 4; Appendix E)

• Who to call: a licensed Texas attorney or a qualified music-licensing professional; the PROs directly (ASCAP, BMI, SESAC, GMR).

• What’s involved: U.S. copyright law (public performance, reproduction, synchronization, digital transmission rights); PRO blanket licensing.

• Plain English: license your venue with the PROs whose music you play, and don’t assume those licenses cover recording, streaming, or promo video — clear those separately.

Alcohol: TABC and the Bar

The issue. Serving alcohol is heavily regulated — licensing, permits, responsible-service practices, hours, sales rules, dram-shop liability, required training for certain permit holders and employees, and tied-house/marketing-practice rules that also affect sponsorship. (Ch. 4, 22, 36)

• Who to call: the Texas Alcoholic Beverage Commission (TABC) and a licensed Texas attorney; your insurer on liability.

• What’s involved: TABC licensing and rules; Texas dram-shop law; tied-house rules (relevant to beverage-brand sponsorship).

• Plain English: your license, responsible service, and liability around alcohol all run through TABC and Texas law. Confirm current permit-specific requirements, including whether the annual opioid-related overdose course applies to the permit holder or covered employees; do not assume seller/server certification alone creates safe harbor; and check any beverage-brand deal against tied-house rules.

Contracts and Performance Agreements

The issue. Agreements with artists, residencies, showcases, and house bands are legal contracts whose enforceability, terms, and tax/worker-classification consequences require professional drafting and review. The templates in Appendix B are starting drafts only. (Ch. 17; Appendix B)

• Who to call: a licensed Texas attorney to finalize any agreement; a CPA on the tax side.

• What’s involved: Texas contract law; worker-classification questions (employee vs. independent contractor); tax treatment.

• Plain English: never use a template as a binding contract without an attorney; how you pay and classify performers has legal and tax consequences.

Employment and Labor

The issue. Hiring, paying, classifying, and managing staff — and ending nights or restructuring — are governed by employment and labor law, including anti-discrimination and anti-harassment obligations. (Ch. 22, 37, 38)

• Who to call: an employment-law professional or licensed Texas attorney; a CPA on payroll and classification.

• What’s involved: Texas and federal labor and employment law; wage, classification, and anti-discrimination/anti-harassment rules.

• Plain English: treat staff matters — hiring, pay, classification, conduct, layoffs — as legal matters, and get professional guidance, especially on worker classification and any restructuring.

Accessibility and Anti-Discrimination

The issue. Public accommodations have real accessibility obligations and may not discriminate on protected grounds; this affects your building, your admission and service practices, and your staff. (Ch. 33, 37)

• Who to call: an ADA/accessibility specialist, architect, or licensed Texas attorney; an employment-law professional for staff inclusion.

• What’s involved: the Americans with Disabilities Act (ADA); federal and Texas public-accommodation and anti-discrimination law.

• Plain English: make your room genuinely accessible and treat everyone lawfully and fairly — these are legal duties, not just good practices, and your specific building’s obligations are a professional question.

Recording, Streaming, and Likeness Rights

The issue. Capturing and sharing performances involves the performers’ and songwriters’ rights, and posting images of identifiable people raises name/likeness and privacy considerations. (Ch. 26, 32; Appendix E)

• Who to call: a licensed Texas attorney; the relevant rights-holders or a music-licensing professional.

• What’s involved: copyright (reproduction, sync, digital rights); name-and-likeness and privacy law; artist permissions.

• Plain English: get permission to record, stream, and post — from the artists and for the music — and be thoughtful about posting identifiable people.

Ticketing, the Door, and Consumer Protection

The issue. Selling tickets, handling refunds and cancellations, and advertising shows carry consumer-protection and truth-in-advertising obligations. (Ch. 27, 28, 32)

• Who to call: a licensed Texas attorney; the Texas Attorney General’s consumer-protection guidance.

• What’s involved: consumer-protection law; FTC and Texas truth-in-advertising and disclosure rules; refund/cancellation obligations.

• Plain English: be honest and lawful in how you sell, advertise, and handle refunds; sponsored and paid promotion must be disclosed.

Sponsorship, Grants, and Outside Money

The issue. Sponsorships are taxable contracts; grants carry binding obligations; and nonprofit or fiscal-sponsorship structures carry serious legal, tax, and governance consequences and are not do-it-yourself. (Ch. 36)

• Who to call: a licensed Texas attorney (and a nonprofit/tax specialist for any nonprofit or fiscal-sponsorship path); a CPA; a grant professional.

• What’s involved: contract law; IRS and Texas nonprofit/tax law and governance; grant compliance; TABC tied-house rules for beverage sponsors.

• Plain English: put sponsorships in reviewed written agreements, meet grant obligations, and never attempt a nonprofit or fiscal-sponsorship structure without qualified legal and tax help.

Money, Taxes, and the Business

The issue. Your costs, pricing, pay structures, and profitability carry sales, mixed-beverage, admission, income, and other tax implications, plus worker-classification and reporting obligations. (Ch. 35)

• Who to call: a CPA or qualified financial/tax professional; a licensed Texas attorney on structure and classification.

• What’s involved: sales, mixed-beverage, admission/amusement, and income tax; worker classification; IRS and Texas Comptroller obligations.

• Plain English: the money side has real tax and reporting consequences — work with a CPA on your actual numbers, taxes, and worker classification.

Safety, Premises, and Insurance

The issue. A venue has duties around patron and worker safety, faces potential premises liability, and needs appropriate insurance; safety also intersects with harassment, capacity, and building/fire code. (Ch. 22, 24, 27, 37; Appendix F)

• Who to call: a licensed Texas attorney; your insurer; qualified professionals for installation, electrical, rigging, and code (electrician, installer, fire/building authority).

• What’s involved: premises liability; occupancy, building, and fire code; workplace and patron safety; insurance coverage.

• Plain English: keep your room safe and properly insured, do installations and electrical/rigging work to code with professionals, and treat safety as both a duty and a liability matter.

How to Use This Appendix

❑ Read the master disclaimer and make sure anyone running the room understands it (above)

❑ Identify which domains apply to a decision before you make it

❑ Call the named professional for that domain — attorney, CPA, insurer, or specialist — for binding answers

❑ Keep your compliance current — licensing, permits, insurance, and agreements renew and change (Appendices A and E)

❑ When something is new or unclear, ask before you act — the principle that governs all of the above

❑ Give this appendix to every new manager so the whole team knows where the legal lines are