By using 'Bookable' as either an artist or a host, you are bound to the following terms:
The following definitions exist to clarify the use of certain words and phrases used throughout this document:
- "Agreement" refers to this User Agreement.
- Satellite Music is the parent company of Bookable and thisisbookable.com. Any use of "Bookable" or "thisisbookable.com" refers to the company, or the services provided by it.
- "Service" refers to all services provided by Bookable.
- "Artist," "Band," and/or "Act" can refer to a performing artist, whether that artist is a solo performer or a group of individuals (band).
- "Fan" refers to any person(s) attending a show or performance, regardless of whether they are also the host, or have contributed to the performance fee.
- "Booking" refers to a show/performance that has been agreed upon by the Artist and Host.
- "Site" refers to this website, thisisbookable.com
- "User" refers to anyone using the service/site, whether a host, artist or fan.
- "You" or "The Host" refers to you the host, artist or for further clarification, any person who is entering into this Agreement.
The use of Bookable and thisisbookable.com is dependent upon the meeting of several conditions, including but in no way limited to the following:
- You must be 18 years of age to use our service. If you are interested in hosting a show but do not meet this requirement we would suggest asking an adult to make the booking on your behalf.
- If you are signing-up on behalf of a person(s) other than yourself (for example you are a manager signing up on behalf of an artist or a band) then you must be authorized by said person(s) to a) create a Bookable account and b) bind them to any agreements made through the service.
- In order for you to use this service, you must provide us with personal, payment and pertinent information that deemed necessary.
- Users of Bookable are responsible for the reporting of their income to the Internal Revenue Service (in the United States) and/or the equivalent global taxation authority in the country in which you reside/do business. By using this service you accept and acknowledge that Bookable/Satellite Music LLC is not required to and will not withhold or report your income to said tax authority.
3. Rules & TERMS OF SERVICE
Users of Bookable must adhere to the rules of our service. Violation of the following rules will result in your being banned from using the service in the future.
- Violation of the laws of the United States, its states, or any foreign political entity having jurisdiction over this Agreement, whether or not the foreign political entity is a country or a subdivision (such as a state or province) or municipality (such as a city, town, county, or region) of a foreign country is prohibited.
- The communication of violent, threatening, pornographic, racist, hateful, or otherwise objectionable material is prohibited.
- Bidding on an artist for whom you have no intention of actually booking is prohibited.
- Making fraudulent or negligent misrepresentations (including using fraudulent Facebook addresses is prohibited.
- The infringement of intellectual property rights, defaming/ impersonating an individual and/or the rights of a third party is prohibited.
- Committing and unlawful, dangerous, or disreputable act at an event you attend or organize is prohibited. We reserve the right to judge what may fit this description.
4. Refunds, rescheduling and cancellations
Both Hosts and Artists may need to cancel a booking, or request/schedule a new date - we understand and accept that this is normal for business of this nature.
- Artists reserve the right to cancel the performance at any time and for any reason. The reason does not need to be disclosed to the host however Artists must provide Bookable with a good reason for requesting the cancellation or rescheduling of an event.
- If a Host cancels a booking less than 14 days before the agreed upon date, then the host must pay an amount equal to fifty percent (50%) of the agreed upon fee.
- If a host cancels more than 14 days before the scheduled booking, a full refund is issued.
- Host and artist may both request to reschedule a booking. However if a mutually-agreeable alternative date is not found, then this will be considered a cancellation by the requesting party.
- If either party requests a change to a significant, agreed-upon aspect of a booking (such as estimated number of people, location or nature of event) then the other party has the option to either accept the changes or cancel the even(without penalty)
5. Fees & Commissions
Bookable adds an 8% service fee on bookings, charged to the host (for example where the agreed upon fee is $1000, then the host will pay a total of $1080 ).
Bookable deducts an 8% booking commission on the agreed upon booking fee from the artist (for example where the agreed upon fee is $1000, the artist will net $920).
Hosts are charged via credit card or PayPal upon the confirmation and acceptance of an offer by the artist or artist representative. If an offer is made by a host, and the artist does not accept that offer then no charge will be made.
Force Majeure. The acts or occurrences that trigger the host's and artist's right to terminate both a booking under the terms of this agreement include, but are not limited to: acts of God, war, civil authority or government regulation (including advisories, quarantines and curfews), natural disaster, fire, strikes or other labor disputes, curtailment or disruption of transportation, civil disorder, terrorism and responses thereto, an act or occurrence creating a significant risk to the participant's’ health or safety, or affecting a party’s performance.
Inclement weather rendering a booking impossible, infeasible or unsafe shall not be deemed a Force Majeure event, and payment of agreed-upon fee shall be made as defined herein.
Hosts are responsible for providing a safe and feasible location for artist to perform as well as safe passage to said location. If a host or artist disagrees as to whether a rendition of performance is impossible, not feasible or unsafe due to inclement weather then the artist’s determination shall prevail.
8. Limitation of Liability
The decision to meet in person, or exchange any information including physical addresses or contact information, is a decision made and understood by the artist and the host. Bookable/Satellite Music LLC assumes no liability for property theft, damage or personal injury associated with the user of this service.
Hosts are expected and encouraged to have home owners/renters or other appropriate insurance coverage before deciding to host a performance. Bookable/Satellite Music shall not be liable for any loss, injury, claim, liability, or damage of any kind resulting in any way from use of our service.
9. Legal Compliance
You the user agree to comply with all applicable domestic and international laws, statutes, ordinances, and regulations regarding use of this Site. Bookable reserves the right to investigate complaints or reported violations of our policies and to take any action we deem appropriate.
10. Links To Third Party Websites
This site contains links to third party websites. These links are provided solely as a convenience to you. By linking to these websites, we do not create or have an affiliation with, or sponsor such third party websites. The inclusion of links within our website does not constitute any endorsement, guarantee, warranty, or recommendation of such third party websites. We have no control over the legal documents and privacy practices of third-party websites. As such, you access any such third-party websites at your own risk.
11. General Terms of service
Our polices shall be treated as though they were executed and performed in the United States, and shall be governed by and construed in accordance with the laws of the United States, without regard to conflict of law principles. Should any part of our policies be held invalid or unenforceable, the remaining portions shall remain in full force and effect. Our failure to enforce any provision of our User Agreement shall not be deemed a waiver of such provision, nor of the right to enforce such provision.