“NDA” stands for non-disclosure agreement; it is a legal document designed to ensure that private information remains confidential. As a dancer or choreographer, you may be asked to sign such an agreement if you are working with a celebrity or participating in a show whose choreography, design, special effects and/or release date are to be kept secret. There may also be times when you are asked to sign an NDA designed to silence someone or to resolve an issue. In such cases, it is especially important to be clear about what the NDA allows and what it does not, and to think carefully before signing.

Protecting the creative process

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

Those precautions made sense, Snarr says, because the halftime show’s impact relied on the element of surprise, as evidenced by the enthusiastic reaction of Super Bowl fans to unexpected additions like acrobats and roller skaters sharing the stage with Usher. Snarr says she also signs nondisclosure agreements when she works at awards shows like the Grammys or Emmys because the identities of the presenters and honorees must be kept secret.

Protection for people

Security concerns can be another reason to keep things private, especially 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 bags. “One crew member had his phone in his back pocket during a rehearsal with the camera on,” says Snarr. “After that day, he never returned to the project.”

Such precautions prevent artists’ locations from becoming known and rehearsal images from leaking onto social media. Maintaining privacy during the creative process can allow those involved to have a freer working environment. “Over the years, there have been some difficult rehearsals where the ideas we tried didn’t work,” says Snarr. “Because we kept those moments private, the artists were able to keep their ideas to themselves and work without oversight in the early stages.”

Non-disclosure agreements may also be required to protect audience members. Fifteen years ago, Terese Cardamon danced in a Cirque du Soleil performance in Washington, DC, and remembers signing a non-disclosure agreement to keep the details of the event secret. She recalls that President Obama was on the list of invited guests, as well as other well-known politicians, which explains why the venue required secrecy. She encourages dancers to ask questions if there are aspects of a project they are unfamiliar with, and to request that the expectations and requirements of their role be put in writing.

When confidentiality agreements give rise to concerns

Although NDAs can play a role in protecting the privacy of the creative process and product, they should not be used to prevent an employee from speaking out about abuse of power or to hold a company or individual accountable for wrongdoing. In addition to pre-rehearsal NDAs, you may be asked to sign a NDA if you have made a formal complaint of misconduct or wrongdoing, or if you are fired or terminated.

Gabrielle Salvatto, a member of Dancers Amplified, a global alliance of artists working for equality, and senior researcher for the group’s Global Active Practices, advises dancers to think carefully before signing any agreement that could protect perpetrators. Salvatto points out that these agreements are often used to excuse and cover up behavior that affects the artists who are most vulnerable. Concern that artists could be prevented from speaking out about misconduct or wrongdoing is one reason some unions, notably Equity, have sought in recent years to limit the scope of nondisclosure agreements and include the language in contract clauses.

When is it a bad idea to sign a nondisclosure agreement? Snarr says if a nondisclosure agreement seems to compromise a dancer’s safety or fair treatment, they should ask questions. Look for unclear terms, unreasonable restrictions and one-sided commitments. If anything raises concerns, consult with a lawyer, union representative or trusted adviser before signing. And keep your personal ethics in mind: Does a nondisclosure agreement require you to keep confidential information you think should be made public? Realistically, not signing the agreement probably means you won’t get (or keep) the job, but the question remains: Do you want to work with people who don’t support your safety, success or well-being? If criminal activity is involved, a nondisclosure agreement won’t hold up in court, but this is a difficult and expensive route to take.

Snarr says a good question to ask before signing is, “Do these policies help artists or hinder us?”