---
title: HB 1400. Georgia Artist-Promoter Fair Practices Act; enact
collection: bills
id: 2025-2026/hb1400
cite_as: HB 1400, 2025-2026 Regular Session (Ga.)
canonical_url: https://georgiacommons.org/bills/2025-2026/hb1400
md_url: https://georgiacommons.org/bills/2025-2026/hb1400.md
text_url: https://georgiacommons.org/bills/2025-2026/hb1400/text
source_url: https://www.legis.ga.gov/legislation/73442
date: 2026-02-24
status: introduced
corpus_version: bills-2026-09-13
license: Public record of the Georgia General Assembly, via LegiScan; see about.md
publisher: Georgia Commons, an independent project of Georgia Civic Data. Not the State of Georgia. Not legal advice.
up: https://georgiacommons.org/bills/2025-2026.md
previous: https://georgiacommons.org/bills/2025-2026/hb1399.md
next: https://georgiacommons.org/bills/2025-2026/hb1401.md
index: https://georgiacommons.org/bills/index.md
omitted: votes and history
omitted_chars: 129
omitted_url: https://georgiacommons.org/bills/2025-2026/hb1400.md?full=1
bill_number: HB 1400
session: 2025-2026 Regular Session
session_slug: 2025-2026
chamber: House
bill_type: bill
status_date: 2026-02-19
last_action: House Second Readers
sponsors:
- Carl Gilliard
- Long Tran
- Segun Adeyina
text_version: Introduced
has_text: true
legiscan_url: https://legiscan.com/GA/bill/HB1400/2025
upstream_id: 2120620
summaries_model: claude-sonnet-5
topic_tags:
- live music industry
- artist protections
- consumer disclosure law
- entertainment venues
- fair business practices
---
# HB 1400. Georgia Artist-Promoter Fair Practices Act; enact
## Text
House Bill 1400
By: Representatives Gilliard of the 162nd, Tran of the 80th, and Adeyina of the 110th
A BILL TO BE ENTITLED
AN ACT
To amend Chapter 1 of Title 10 of the Official Code of Georgia Annotated, relating to selling
and other trade practices, so as to provide for written disclosures relating to certain fees and
performance terms; to provide for a rebuttable presumption; to provide for itemized receipts;
to provide for certain notices; to provide for rescinding of certain fees; to prohibit retaliation;
to provide for certain exemptions; to provide for a safe harbor; to provide for enforcement;
to provide for a short title; to provide for definitions; to provide for severability; to provide
for related matters; to provide for legislative findings; to provide for legislative intent; to
provide for an effective date and applicability; to repeal conflicting laws; and for other
purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
The General Assembly finds that:
(1) Georgia is a nationally recognized center for live music, entertainment, and cultural
events;
(2) Transparency and good faith contracting practices promote economic growth and
reduce disputes;
(3) Emerging and independent artists frequently lack equal bargaining power;
(4) Comparable entertainment markets such as New York City, Los Angeles, and
Nashville rely primarily on disclosure based protections; and
(5) It is in the public interest to prevent deceptive practices while preserving legitimate
venue and promoter business models.
SECTION 2.
It is the intention of the General Assembly that this Act be interpreted to:
(1) Promote transparency and informed consent;
(2) Supplement, not replace, existing contract law;
(3) Avoid price regulation, compensation mandates, or licensing requirements;
(4) Avoid imposing affirmative monitoring or investigative duties on venues absent actual
knowledge of a violation; and
(5) Avoid any presumption that promoters or venues operating in good faith engage in
deceptive or unfair trade practices.
SECTION 3.
Chapter 1 of Title 10 of the Official Code of Georgia Annotated, relating to selling and other
trade practices, is amended by adding a new article to read as follows:
"ARTICLE 38
10-1-970.
This article shall be known and may be cited as the 'Georgia Artist-Promoter Fair Practices
Act.'
10-1-971.
As used in this article, the term:
(1) 'Artist' means any individual or group engaged in musical, spoken-word, theatrical,
or other live performance.
(2) 'Performance related fee' means any monetary charge imposed as a condition of
performing, including, but not limited to, opening act fees, slotting fees, marketing or
promotional buyins, registration fees, lodging charges, administrative cost recovery fees,
or guaranteed placement payments.
(3) 'Promoter' means any person or entity that organizes, markets, produces, or facilitates
a live performance event.
(4) 'Venue' means any location at which a live performance is presented.
(5) 'Written disclosure' means written communications regarding contracts and contract
terms, including, but not limited to, invoices, emails, and electronic communications.
10-1-972.
(a) Prior to accepting payment or confirming a performance by an artist, a promoter or
venue shall provide a written disclosure describing whether a performance is classified as
a:
(1) Paid performance;
(2) Showcase;
(3) Audition; or
(4) Promotional or unpaid appearance.
(b) Such classification shall not create a presumption of compensation or future booking.
10-1-973.
(a) Any performance related fee shall be disclosed in a written disclosure prior to payment
of such fee. The disclosure shall identify the amount, purpose, refundability, and effect on
placement or set length.
(b) Failure to provide a written disclosure shall create a reubuttable presumption that the
promoter or venue engaged in a deceptive practice.
10-1-974.
(a) Performance related fees shall be permitted if clearly identified in a contract as
consideration for the opportunity for the artist to perform.
(b) No promoter or venue shall state or imply that payment of a performance related fee
guarantees exposure, industry access, or future bookings unless expressly stated in writing.
10-1-975.
(a) A promoter or venue shall provide the artist itemized receipts for all performance
related fees paid by such artist.
(b) The promoter or venue shall provide the artist written disclosure of the set length,
performance window, load-in and load-out, soundcheck, and equipment requirements.
10-1-976.
(a) Promoters and venues shall notify artists of any alternative arrangements relating to
performances.
(b) Charges shall reflect fair market value unless otherwise disclosed.
(c) Undisclosed markups shall not be imposed.
10-1-977.
(a) An artist paying a performance related fee more than 14 days in advance may rescind
such payment within 48 hours of paying such performance related fee by written notice.
(b) Refunds shall be issued to the artist within ten business days of receipt of such written
notice by the promoter or venue.
(c) An artist shall not rescind the payment of the performance related fee after the
performance has occurred.
10-1-978.
Promoters and venues shall provide performance opportunities materially consistent with
written disclosures and shall not materially reduce conditions in a deceptive manner.
10-1-979.
Promoters and venues shall not retaliate against an artist for requesting a written disclosure
or declining undisclosed performance related fees.
10-1-980.
(a) A venue shall be subject to this article only upon:
(1) Actual knowledge of a deceptive performance related fee; and
(2) Direct collection or knowingly receiving a benefit from such fee.
(b) Nothing in this article shall be construed to impose an affirmative duty on a venue to
investigate, monitor, or audit promoter fee practices absent actual knowledge of deceptive
practices.
(c) A venue shall have a safe harbor when reasonably relying on representations made by
a promoter regarding compliance with this article.
10-1-981.
(a) Violations of this article shall be subject to the same civil remedies and in the same
manner as provided by Part 2 of Article 15 of this chapter, the 'Fair Business Practices Act
of 1975.'
(b) The Attorney General shall enforce this article.
(c) Private actions are limited to actual damages and punitive damages for all violations
of this article.
(d) There shall be no criminal liability for violations of this article.
10-1-982.
This article shall not apply to licensed talent agencies, nonprofit showcases with uniform
fees and published criteria, or educational or charitable events without performance related
fees.
10-1-983.
If any provision of this article is found invalid, the remaining provisions shall remain
effective."
SECTION 4.
This Act shall become effective on July 1, 2026, and apply to all performance related fees
paid on or after such date.
SECTION 5.
All laws and parts of laws in conflict with this Act are repealed.
## Summaries written by Georgia Commons
The following was written by claude-sonnet-5 from the text above and is not part of the bill. Quote the text, not the summary.
A Georgia House bill would require music promoters and venues to give artists written disclosures about performance fees, contract terms, and refund rights before any money changes hands, starting July 1, 2026.
### Plain-language summary
Currently Georgia has no specific law governing how promoters and venues must disclose fees or terms to performing artists before booking them. This bill creates the Georgia Artist-Promoter Fair Practices Act, adding a new article to the state's trade practices law (O.C.G.A. Title 10, Chapter 1). It requires promoters and venues to tell artists in writing whether a performance is paid, a showcase, an audition, or unpaid, and to disclose any performance related fees (like opening act fees or marketing buy-ins) before collecting payment.
The bill also gives artists a right to cancel and get a refund on fees paid more than 14 days in advance, bars retaliation against artists who ask for disclosures, and limits venue liability to cases where the venue actually knew about a deceptive fee and benefited from it. Enforcement runs through the state's existing Fair Business Practices Act, handled by the Attorney General, with private lawsuits limited to actual and punitive damages. The law would take effect July 1, 2026, and would apply to fees paid on or after that date.
### What it does
- Requires promoters and venues to give artists written disclosure of a performance's classification (paid, showcase, audition, or unpaid) before accepting payment or confirming a booking.
- Requires written disclosure of any performance related fee's amount, purpose, refundability, and effect on placement, and creates a rebuttable presumption of deceptive practice if this disclosure is skipped.
- Gives artists the right to rescind fee payments made more than 14 days ahead of a show, within 48 hours, with refunds due within ten business days.
- Bars promoters and venues from retaliating against artists who request disclosures or decline undisclosed fees.
- Limits venue liability to situations involving actual knowledge of a deceptive fee and direct benefit from it, and creates a safe harbor for venues reasonably relying on a promoter's compliance representations.
- Directs enforcement through the state's Fair Business Practices Act via the Attorney General, exempts licensed talent agencies and certain nonprofit or educational events, and sets a July 1, 2026 effective date.
### Who it affects
Musicians and other live performers booked in Georgia, concert promoters, music venues, and licensed talent agencies (which are exempted). The Attorney General's office would also be involved through enforcement under the state's existing consumer protection law.
### Why it matters
Artists, especially those with less bargaining power, would gain a clearer paper trail on fees and terms and a short window to back out of prepaid arrangements. Venues and promoters would face new disclosure paperwork and potential liability, though the bill limits venue exposure to cases of actual knowledge and direct benefit.
### Key provisions
- Section 1 lists legislative findings, including that Georgia is a major live music hub and that emerging artists often lack equal bargaining power.
- Section 2 states legislative intent to rely on disclosure rather than price regulation, compensation mandates, or licensing requirements.
- New Code Section 10-1-972 requires written disclosure of a performance's classification (paid, showcase, audition, unpaid) before payment or booking confirmation.
- New Code Section 10-1-973 requires disclosure of performance related fees and creates a rebuttable presumption of deceptive practice for undisclosed fees.
- New Code Section 10-1-977 creates a 48-hour rescission right for fees paid more than 14 days in advance, with refunds due within 10 business days.
- New Code Section 10-1-980 limits venue liability to cases of actual knowledge of a deceptive fee plus direct collection or benefit, and creates a safe harbor for reliance on a promoter's representations.
- New Code Section 10-1-981 ties enforcement to the Fair Business Practices Act of 1975, assigns enforcement to the Attorney General, and limits private suits to actual and punitive damages with no criminal liability.
- Section 4 sets the effective date as July 1, 2026, applying to performance related fees paid on or after that date.
## Status
- Status: Introduced (2026-02-19)
- Last action: House Second Readers (2026-02-24)
- Sponsors: Carl Gilliard, Long Tran, Segun Adeyina
- Official page: https://www.legis.ga.gov/legislation/73442
> The history, votes, and amendments (129 characters) are at https://georgiacommons.org/bills/2025-2026/hb1400.md?full=1