This Is a Material Breach of Contract
If your performance contract specified the venue, capacity, or technical specifications — and those have materially changed without your agreement — the promoter has breached the contract. You don't have to accept it. You have options, and you're in the stronger position than you probably feel you are.
Step 1: Document Everything Immediately
Before soundcheck, take photos or video of the venue as-is, noting the capacity, PA equipment, and anything that differs from what was agreed. Send a message (email or text) to the promoter right then stating what you were contracted for and what you've arrived to find. Create a paper trail before the show happens.
Step 2: Have the Conversation With the Promoter
Calmly but clearly, tell the promoter that what you've arrived to is not what was contracted. Ask them to explain the change and what they're proposing to do about it. If capacity has halved, your ticket revenue may have dropped significantly — which affects your fee if it was percentage-based. If the PA is substandard, your ability to deliver your show to the standard your audience expects is compromised.
Your Options
Option 1: Renegotiate the fee. If the audience is smaller or the production is worse, your contracted fee should be protected regardless — but you can use this as leverage to demand a guarantee is honoured even if ticket income doesn't cover it.
Option 2: Walk away. If the change is significant enough (a 60% capacity drop is significant), you can legally refuse to perform and claim your full contracted fee as damages. This is a nuclear option — use it only if the breach is severe and you're prepared for the relationship to end.
Option 3: Perform under protest, then claim damages. Play the show, document that you did so under protest (put this in writing to the promoter before you go on), and then pursue the difference in compensation afterwards. This preserves the relationship with the audience while protecting your claim.
In Your Next Contract
Include a technical rider that specifies minimum PA requirements, stage size, and that any material change to venue specifications requires your written consent. Add a clause that capacity changes after signing require proportional fee adjustments.
