Silencing in the Arts 🤫

Being asked to sign an NDA?

Many people negotiating workplace complaints, lawsuits, or tribunal applications are being pressured to sign NDAs, even when they don’t want to. They’re often told by opposing lawyers—and sometimes their own—that signing an NDA is necessary to settle and avoid court or a hearing.


Key items to consider before signing:



  • You have the right to decline
    If you're unsure or uncomfortable with the NDA, you have the right to say no. In most cases, the matter will still settle regardless. The only required clause in a settlement agreement is a “release” that says you agree not to take legal action with regard to the complaint now or in the future.


  • You can push back
    NDAs are not required to settle a case, despite the fact that many lawyers now see them as standard. You can challenge this. 

  • You have time to consider and consult
    It’s never a rush. You can request time to consult with others.

 

  • You can negotiate
    You can negotiate having few restrictions on an NDA, such as allowing you to talk to family, friends, health professionals or therapists.

  • You can choose a mediator to negotiate
    You are not required to continue working with the mediator your employee has chosen. Your mediator is meant to properly reflect you and your situation.  

  • You can protect your identity
    Negotiate a one-sided confidentiality clause that keeps your identity private but allows you to share your experience with anyone you choose.

Learn more
Silencing in the Arts is a research project that traces the extent and impact of non-disclosure agreements (NDAs) on the Canadian visual arts sector. The project aims to shed light on the culture of silence that permeates the artworld, and the cycles of abuse, professional misconduct, and censorship that are perpetuated as a result.
Have you signed, or been asked to sign, a legal agreement that prevents you from speaking about your experience working with a Canadian arts organization? Please consider contributing to vital research through this anonymous survey.

Take the Survey Now!  
A Project by Aisle 4

Funded by the Canada Council for the Arts Sector Innovation & Development Program

"Shhh" drawings by anonymous artists
Website Design & Development by Studio Whyte-Gray, 2025.