Producing is actually pretty carefully regulation by the Security Commissions to avoid the cliche Bialystok and Bloom situation. A producer has to legally declare a production budget - usually with a minimum capitalization (meaning the production must raise that dollar amount in order to legally open) -- a production 'budget' - which usually sits somewhere in the middle and a 'maximum' capitalization amount -- meaning there is a ceiling (over the budget) that can be raised for reserve.
So basically how it works - is that producers hire a General Manager to create a budget that includes mounting costs (scenery, costumes, pre-production advertising) and also a weekly running costs -- (cast/crew salaries, weekly advertising, theatre rent etc).
So a potential investor is shown these documents and can make their own determination as to whether they think its a good project to put their money into. The documents for the Broadway production I saw actually had a diagram that showed how long it would take the show to recoup in various box office intake scenarios.
But for the most part, you shouldn't be investing in a show unless you have what I call "Monopoly Money" -- that you can totally expect to lose. Most people don't invest in Broadway shows to make money -- they invest because they want to go to the opening night party, have access to house seats, bragging rights and maybe a shot at standing on the stage at the Tony Awards (with the 500 other producers) if their show wins a top Best Musical honor.
In terms of producing the show -- usually the lead producers create a company LLC to actually 'produce' the production. The contracts are usually signed with this LLC - not the producers as liable individuals. Again, I don't exactly know how this works when the show closes prematurely, but I assume if the LLC closes at a complete loss (with outstanding debts like in the situation with NERDS) it would file bankruptcy and the unpaid vendors would be paid pennies on the dollar as when any company files for bankruptcy. I don't know if these vendors ever have insurance to cover situations in which they don't get paid -- but again, at this level, this hypothetically would play out the same as it would if a store closed and they couldn't pay for their inventory, unpaid bills etc.
Updated On: 3/25/16 at 01:29 PM