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Volume 6: Last Call · Contents
Appendix J

Consolidated Disclaimers

One place for the legal, tax, privacy, and platform-rule notices that sit behind every Heads Up in this book.

THE MASTER NOTICE

This book is general information for people who work in live music and dance venues. It is not legal, tax, accounting, financial, insurance, medical, or other professional advice, and reading it does not create a professional relationship with the author or publisher. Laws, regulations, and platform rules change often and differ by place and situation, and some of what is summarized here may be out of date, incomplete, or wrong for your circumstances by the time you read it. Before acting on anything involving the law, taxes, money, privacy, alcohol, contracts, employment, or health and safety, consult a qualified, licensed professional in Texas, such as an attorney or a CPA. Names, businesses, figures, and case studies are illustrative unless a source is cited. Results vary, and nothing here guarantees any outcome.

Throughout the book, in nearly every chapter, a HEADS UP box marks a passage that touches the law, taxes, privacy, or money. This appendix collects the topics those boxes cover. Under each, you will find where it appears, the rule or source we looked at, what we did not check, and who to ask. We opened the sources listed in the back of the book while writing. Where we did not confirm a date or detail, we say so.

TOPICS BEHIND THE HEADS UPS

  • Alcohol promotions and giveaways. Where it appears: E.g., Ch 11, 17, 29, 31–33, 36–38; Appx E. What we looked at: Texas Alcoholic Beverage Commission rules on on-premises promotions, 16 Texas Administrative Code § 45.103, as published by Cornell’s Legal Information Institute. What we did not confirm: Whether the rule has been amended; how it applies to your permit and your specific promotion. Who to ask: A Texas attorney who handles TABC matters; the TABC directly.
  • Email marketing. Where it appears: E.g., Ch 13, 21, 26, 35; Appx E. What we looked at: The FTC’s CAN-SPAM compliance guide: eight requirements, penalties of tens of thousands of dollars per email, and a duty to honor opt-outs. What we did not confirm: Current penalty figures, which are adjusted over time; how the law applies to your messages. Who to ask: A Texas attorney; the FTC guide itself.
  • Text messages. Where it appears: E.g., Ch 13, 17, 26, 35; Appx I. What we looked at: A law-firm summary of a Texas law effective Sept. 1, 2025, treating some marketing texts as telephone solicitation, with registration, penalties, and an exception for current or former customers. A law-firm summary of federal consent-revocation rules. What we did not confirm: The full statute; later changes; one federal revocation provision was reported as delayed to April 2026 and we did not confirm its status after that. Who to ask: A Texas attorney experienced in telemarketing and text rules, before any text program.
  • Privacy and personal data. Where it appears: E.g., Ch 19, 23–25, 30, 33–35. What we looked at: The Texas Attorney General’s page on the Texas Data Privacy and Security Act (effective July 1, 2024): small-business exemption, consent for selling sensitive data, penalties, and a cure period. What we did not confirm: Whether your business counts as small; what is sensitive; later amendments. Who to ask: A Texas attorney; the Attorney General’s office.
  • Reviews and endorsements. Where it appears: E.g., Ch 18, 28, 33, 35, 40. What we looked at: A law-firm summary of the FTC’s rule on fake reviews and testimonials. What we did not confirm: The rule’s effective date, which we did not verify, and the exact penalty for your case. Who to ask: A Texas attorney; the FTC.
  • Employees, contractors, and pay tied to results. Where it appears: E.g., Ch 20, 30, 32, 34, 38–40. What we looked at: General principles only. What we did not confirm: Texas and federal tests for employee versus contractor; wage rules. Who to ask: A Texas employment attorney and a CPA.
  • Taxes, accounting, and money. Where it appears: E.g., Ch 20, 32, 34, 36, 40. What we looked at: General principles only. What we did not confirm: How sales tax, income tax, comps, gift cards, and sponsorship income apply to you. Who to ask: A CPA licensed in Texas.
  • Contracts, sponsors, and professional help. Where it appears: E.g., Ch 12, 16, 29, 36, 37, 40. What we looked at: General principles only. What we did not confirm: Your specific terms, notice periods, and ownership of work. Who to ask: A Texas attorney, before signing.
  • Music, images, and consent. Where it appears: E.g., Ch 14, 19, 27, 37, 40. What we looked at: General principles only. What we did not confirm: Licensing for public performance and recorded music; rights in photos, video, and names. Who to ask: A Texas attorney; the performing rights organizations that license your room.
  • Contests, raffles, and giveaways. Where it appears: E.g., Ch 7, 16, 17, 29, 37. What we looked at: General principles only. What we did not confirm: Texas and federal rules on raffles, sweepstakes, and promotions, which can be strict. Who to ask: A Texas attorney before running any.
  • Recordings and notes about people. Where it appears: E.g., Ch 19, 25, 33, 35. What we looked at: General principles only. What we did not confirm: Consent rules for in-person, phone, and online recordings. Who to ask: A Texas attorney, before recording anyone.
  • Accessibility. Where it appears: E.g., Ch 11. What we looked at: The U.S. Department of Justice’s ADA primer for small businesses (last updated Feb. 28, 2020): bars and restaurants are public accommodations; readily achievable barrier removal; effective communication; service-animal rules; reasonable policy changes. What we did not confirm: How the rules apply to your building, alterations, and events; later changes. Who to ask: A Texas attorney or an accessibility specialist.
  • Endorsements and paid posts. Where it appears: E.g., Ch 2, 15, 37. What we looked at: The FTC’s guidance on endorsements: connections such as payment or free products should be disclosed clearly and conspicuously. What we did not confirm: How the guidance applies to a specific post or partner. Who to ask: A Texas attorney; the FTC’s guidance pages.
  • Ticketing, register, and survey data. Where it appears: E.g., Ch 24, 32, 33. What we looked at: General principles only. What we did not confirm: What your ticketing, payment, and survey providers’ terms allow, and your duties for the data they hold. Who to ask: A Texas attorney; each provider’s terms.
  • Large events and festivals. Where it appears: E.g., Ch 29. What we looked at: General principles only. What we did not confirm: Permits, capacity, security, insurance, alcohol, and raffle rules for a specific event. Who to ask: Your city, TABC, your insurer, and a Texas attorney.
  • Safety incidents and staff records. Where it appears: E.g., Ch 18, 30. What we looked at: General principles only. What we did not confirm: Record-keeping, insurance, and employment duties tied to incident logs and staff data. Who to ask: A Texas attorney and your insurer.
  • Platform rules and metrics. Where it appears: E.g., Ch 14, 27, 28, 33. What we looked at: Public help pages and press coverage on a few platforms, including Google’s business profile reports, YouTube’s analytics definitions, a statement by Instagram’s head about ranking signals, and a secondary guide to TikTok metrics. What we did not confirm: TikTok’s own help page, which didn’t load; features and definitions change. Who to ask: The platform’s current help pages.
  • Open rates after mail privacy changes. Where it appears: E.g., Ch 21, 26, 35, 40. What we looked at: Apple’s announcement of Mail Privacy Protection and a Mailchimp explanation of its effects. What we did not confirm: How your email platform currently reports opens. Who to ask: Your email platform’s documentation.

OTHER LIMITS YOU SHOULD KNOW ABOUT

Illustrative figures. Numbers in worksheets and case studies are made up to show the arithmetic. Do not use them as benchmarks, targets, or claims about any real business. Where the book uses an outside figure or study, it is cited in Sources and Further Reading.

Secondhand and general references. Some well-known ideas from psychology, communication research, and marketing are described in plain language and credited by name. We cite some of them through secondary sources and have not re-read every original. Treat those descriptions as summaries and consult the originals if it matters.

No guarantee. Following the practices in this book will not guarantee more guests, revenue, press, or reviews. Rooms differ, and many outcomes depend on things you do not control.

Your responsibility. You are responsible for what you collect, send, promote, and promise, and for following the laws that apply to you. When in doubt, ask a professional first.