Last updated: 2/7/22
WithOthers www.withothers.io (the “Website”) is an events management and ticketing company.
The WithOthers Website offers an online destination that enables users to publish, offer services, search for events, book services, pay for services, and buy tickets to events (collectively known as "Services"). The Website and the Services together are known as the “Platform.”
Users who publish and offer their own services on the Platform are “Hosts”, “Nonprofits” “Artists,” or “Crew Member(s)” (collectively known as "Partners"), and users who search for and buy tickets are “Fans”.
Users who request the use of Partners' services to create events (“Events”) on the Platform are "Event Creators".
Event Creators create Events ("Event Requests") on the Platform in support of certain causes ("Cause Categories"). These events generate opportunities ("Offers") for Partners to provide their services to the Platform in service of the Event (“Bookings”).
Artists perform at Events at Events and receive opportunities (“Offers”) to do these performances (“Bookings”) (collectively, these are your “Artist Services”)
You must register an account to access and use many features of the WithOthers Platform and keep your account information accurate. As the provider of the WithOthers Platform, WithOthers does not own, control, offer or manage any Nonprofits.
WithOthers acknowledges that:
- You, as an Artist, retain full control of the creative detail and manner of your Performance at all times. Notwithstanding the preceding sentence, WithOthers may specify or direct: (i) where the Performance will occur; (ii) when and how long the Performance will occur; (iii) other general directions; and (iv) Artist to discontinue any activity constituting a violation of any applicable statute, ordinance, regulation, or that otherwise might bring WithOthers into public disrepute, offend public morals, or prejudice WithOthers.
- WithOthers will make their best endeavors to report the details of your performance to the relevant PROs.
- Your WithOthers Event Crew Members will clearly introduce themselves to you, be available to you, and run the event with the highest level of respect for you and all involved, working within any pre-arranged parameters.
- Your WithOthers Audio Engineer Event Lead will arrange the setup of your equipment for your performance professionally and effectively.
- In the highly unlikely event of any damage to your equipment, WithOthers shall have no liability to you for any loss, costs, damages or claims of any nature arising from or concerning the use of the above-described equipment.
If you perform, you are responsible for understanding and complying with all laws, rules, regulations, and contracts with third parties that apply to your Artist Services.
By applying to be an Artist, you agree to the following terms ("Artist Terms"):
- Bookings. You may receive offers to perform at events. When you accept a booking offer or receive a booking confirmation through the WithOthers Platform, you enter into a contract directly with WithOthers. You are responsible for delivering your Artists Services under the terms and at a price specified in your offer.
- Event Requests. You may requests events through the WithOthers Platform. When doing so, you are entering into a contract directly with WithOthers, and are responsible for delivering your Artists Services under the terms laid out in this agreement. Event Requests are subject to approval by WithOthers, and approval is at our sole discretion.
- Offers. Offers are submitted on a first to accept basis to multiple Artists. An offer is not a guarantee of a booking until the offer has been accepted on the WithOthers Platform. Artists are serviced with Offers based in part on their calendar availability and the location.
- Payments. WithOthers Payments will pay you a flat pre-agreed per booking fee (“Fee”) for your performance.
- Cancellations. In the unlikely event that a booking is canceled, you will not receive payment for the booking.
- Your relationship with us. Your relationship with WithOthers is an independent individual or entity and not an employee, agent, joint venturer, or partner of WithOthers. WithOthers does not direct or control your Artist Services, and you agree that you have complete discretion whether and when to provide Artist Services.
- Managing your Artist Profile. The WithOthers Platform provides tools that make it easy for you to set up and manage an Artist Profile. Your Artist Profile must include complete and accurate information about your Artist Services. You are responsible for keeping your Artist Profile information (including calendar availability) and content (like photos) up-to-date and accurate at all times. We recommend that you obtain appropriate insurance for your Artist Services and suggest you carefully review policy terms and conditions including coverage details and exclusions.
- Your local compliance. You are responsible for understanding and complying with any laws, rules, regulations, and contracts with third parties that apply to your Artist Services. You are responsible for handling and using the personal data of Voters and others in compliance with applicable privacy laws and these Terms. If you have questions about how local laws apply, you should always seek legal advice.
- Your responsibilities. You are responsible and liable for your own acts and omissions. You are also responsible for the acts and omissions of anyone you allow to participate in providing your Artist Services. You acknowledge that performing carries inherent risks and agree that you assume the entire risk arising out of your access to and using the WithOthers Platform, offering Artist Services, or any interaction you have with other users, whether in person or online. You agree that you have had the opportunity to investigate the WithOthers Platform and any laws, rules, regulations, or obligations that may apply to your Artist Services and that you are not relying upon any statement of law made by WithOthers.
- Alcohol. WithOthers events are not intended as a party, but rather a listening room. We do not sell alcohol and do not encourage excessive drinking during our events.
- Performance Times. Except for minor modifications due to unanticipated occurrences, anticipated starting times specified in the Offer are of the essence. Artists are required to be at the place of Performance a sufficient period of time before the scheduled time of commencement to permit timely production (at least thirty (30) minutes before Load-In Time). Note also that there are some hard cut-offs for Performance times depending on the Performance day and location.
- Accommodation, Transportation, Parking, and Catering. All shall be the sole responsibility of the Artist.
- Sound Production. Artist understands that the Event performances are intimate shows in which the audience is silent and often seated on the floor. The volume level should be kept low enough that it is appropriate for the space and the overall intimate vibe of the night. Artist will bring the smallest amps possible or acoustic instruments, and Artist will use light percussion in place of a drum kit (a small kick, muted snare, and hi-hat at the most).
- Backline. Unless specifically articulated in this Agreement or other writing executed between the Parties, the Artist is solely responsible for their backline needs.
- Merchandise. Subject to the provisions of this section, Artist retains the right to sell commission-free, Artist-related merchandise at the Event. WithOthers reserves the right to limit the types and amounts of Artist-related merchandise for sale at the event. Artists may only sell their merchandise at the Event venue on the date of the Artist’s Performance. Artist are solely responsible for the security of their merchandise inventory, money, credit card information, and information of merchandise purchasers. Artist grants WithOthers a royalty-free license to use Artist’s name in connection with merchandise related to its Events. There shall be no reference of “WithOthers” or any likeness to the Event on the Artist merchandise without the prior written consent of WithOthers. Artist is solely responsible for any sales tax obligations related to their sold merchandise.
- Advertising and Creative. WithOthers has full control and final billing decisions on all advertising materials and all creative about the Event.
- Comps – Tickets and Access. While WithOthers Event spaces can often be very intimate, the specific area of Performance is restricted to the Artist and Event production staff. Artist’s guests, if any, may have access to the Event as ticketed patrons in the form of complimentary tickets. Artist’s guests must be at least eighteen (18) years of age. The artist shall receive five (5) guest tickets for Events.
- On-Site Disputes. If any on-site dispute develops between Artist and WithOthers, nothing shall excuse Artist’s delay of timely performance of more than ten (10) minutes. If Artist fails to perform up to ten (10) minutes after the scheduled time of Performance due to the dispute, and it is subsequently determined that Artist was incorrect regarding the dispute, then WithOthers is not required to pay Artist the Fee and Artist will return any previously paid amounts.
- Assignment of Rights. You give to WithOthers, its assigns, agents, licensees, affiliates, clients, principals, and representatives the absolute right and permission to copyright, use, exhibit, display, print, reproduce, televise, broadcast, and distribute, for any lawful purpose, in whole or in part, through any means without limitation, any visual scenes containing the performance, all without inspection or further consent or approval by you of the finished product or of the use to which it may be applied. Any audio recordings made by WithOthers, its assigns, agents, licensees, affiliates, clients, principals, and representatives will be subject to approval by you before any of the above-stipulated actions are taken.
- Indemnification. You agree to defend, indemnify and hold WithOthers and each of its and their respective officers, directors, agents, co-branders, licensors, payment processing partners, other partners and employees, harmless from any and all damage (whether direct, indirect, incidental, consequential or otherwise), loss, liability, cost and expense (including, without limitation, reasonable attorneys' and accounting fees) resulting from any claim, demand, suit, proceeding (whether before an arbitrator, court, mediator or otherwise) or investigation made by any third party (each a "Claim") relating to or arising out of: (a) your breach of these Artist Terms (including any terms or agreements or policies incorporated into these Artist Terms); (b) your use of the Platform in violation of these Artist Terms or other policies we post or make available; (c) your breach of any applicable local, state, provincial, national or other law, rule or regulation or the rights of any third party; (d) WithOthers' collection and remission of taxes; and (e) if you are an Artist, your events (including where WithOthers has provided Services with respect to those events), provided that in the case of (e) this indemnification will not apply to the extent that the Claim arises out of WithOthers' gross negligence or willful misconduct. WithOthers will provide notice to you of any such Claim, provided that the failure or delay by WithOthers in providing such notice will not limit your obligations hereunder except to the extent you are materially prejudiced by such failure. Also, in certain circumstances, WithOthers may choose to handle the Claim ourselves, in which case you agree to cooperate with WithOthers in any way we request.
- Modifications to the Terms of Services. WithOthers reserves the right to modify these Terms from time to time (collectively, "Modifications"). If we believe the Modifications are material, we will inform you about them by doing one (or more) of the following (a) posting the changes through the Services; (b) updating the "Updated" date at the top of this page, or (c) sending you an email or message about the Modifications. Modifications that are material will be effective thirty (30) days following the "Updated" date or such other date as communicated in any other notice to you. Modifications that address new functions we add to the Services or impose any additional burdens or obligations on you will be effective immediately. You are responsible for reviewing and becoming familiar with any Modifications. Your continued use of the Services following Modifications constitutes your acceptance of those Modifications and the updated Terms. In certain circumstances, WithOthers may seek a Modification to these Terms that will only apply to you. This type of Modification must be accomplished by way of a written or electronic document signed by you and an authorized officer of WithOthers. WithOthers is constantly evolving our products and services to meet the needs of our Users better. Because of this, we cannot guarantee the availability of certain product features or functionality. WithOthers reserves the right to modify, replace or discontinue any part of the Services or the entire Service.
- Authority to enter into the agreement. You warrant and represent that you have full right and authority to enter into this agreement concerning the premises solely. Outside of the above-mentioned terms, WithOthers shall have no liability to you for any loss, costs, damages, or claims of any nature arising from or concerning the use of the above-described premises.
- Artist Taxes. As an Artist, you are responsible for determining and fulfilling your obligations under applicable laws to report, collect, remit, or include in your price any applicable VAT or other indirect taxes or other taxes ("Taxes").
- Governing Law and Venue. This Agreement (including any other agreements or amendments related to the Performance) will be governed by and construed in accordance with the laws of the State of California. All claims and disputes arising under or relating to this Agreement must be settled by binding arbitration in Los Angeles County, California. According to the Commercial Arbitration Rules of the American Arbitration Association (AAA) or another mutually agreed-upon set of rules or arbitrator, the arbitration shall be conducted on a confidential basis. Any decision or award resulting from any such arbitration proceeding shall be in writing and shall provide an explanation for all conclusions of law and fact and shall include the assessment of costs, expenses, and reasonable attorneys’ fees. Any such arbitration shall be conducted by an arbitrator experienced in commercial disputes, preferably performances and events, and shall include a written record of the arbitration hearing. The Parties reserve the right to object to any individual employed by or affiliated with a competing organization or entity. An award of arbitration may be confirmed in a court of competent jurisdiction.
Thanks! See you at a show. 🙌