Last updated: 4/5/21
WithOthers www.withothers.io (the “Website”) is a platform for purpose -- helping activists get in a room with their people through intimate music events.
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 services on the Platform are “Hosts,” “Artists,” or “Crew Member(s)” (collectively known as "Vendors"), and users who search for and buy tickets are “Voters.” Users who request the use of Vendors' services to create events (“Events”) on the Platform are "Activists."
Crew Members offer to work (“Crew”) in various role capacities (“Crew Role”) at Events and receive opportunities (“Offers”) to do this work (“Bookings”) (collectively, these are your “Crew 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 Crew.
As a Crew, WithOthers offers you the opportunity to join our vibrant community of Activists, Voters, Hosts, and Artists - and earn money doing it while supporting the causes you care about.
WithOthers acknowledges that:
- WithOthers will make the best endeavors to properly train you for your Crew Role such that you are best set up for success in your Crew Services.
- WithOthers will make best endeavors to properly communicate to you your Crew Role for any given Event.
If you Crew, you are responsible for understanding and complying with all laws, rules, regulations, and contracts with third parties that apply to your Crew Services.
By applying to be a Crew, you agree to the following terms ("Crew Terms"):
- Bookings. You may receive offers to Crew 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 Crew Services under the terms and at a price specified in your offer.
- Offers. Offers are submitted on a first to accept basis to multiple Crew Members. An offer is not a guarantee of a booking until the offer has been accepted on the WithOthers Platform. Crew Members are serviced with Offers based in part on their calendar availability and the location.
- Payments. WithOthers Payments will pay you an hourly rated booking fee (“Fee”) for your Crew Services at each event. This payment is estimated when sent to you, and you are responsible for disputing this estimate in extenuating circumstances.
- 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 Crew Services, and you agree that you have complete discretion whether and when to provide Crew Services.
- Managing your Crew Profile. The WithOthers Platform provides tools that make it easy for you to set up and manage a Crew Profile. Your Crew Profile must include complete and accurate information about your Crew Services. You are responsible for keeping your Crew 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 Crew 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 Crew 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 Crew Services. You acknowledge that working at events carries inherent risks and agree that you assume the entire risk arising out of your access to and using the WithOthers Platform, offering Crew 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 Crew 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.
- Attendance Times. Except for minor modifications due to unanticipated occurrences, anticipated starting times specified in the Offer are of the essence. Crew are required to be at the place of the Event at the designated Load-In Time).
- Accommodation, Transportation, Parking, and Catering. All shall be the sole responsibility of the Crew Member.
- Crew Taxes. As a Crew Member, 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").
- Work for Hire. All right, titles, and interests, including, without limitation, all copyrights, patent rights, trade secret rights, and other intellectual property rights associated with any Works shall belong exclusively to WithOthers. According to your Crew Services, all Works you create for WithOthers shall be works made for hire within the meaning of the copyright laws of the United States. If the Works are deemed not to be works made for hire, then you hereby assign to WithOthers all right, title, and interest in the Works, including all copyright rights, in all media, now or hereafter know, worldwide, without additional compensation. WithOthers shall have the right to edit or otherwise modify the Works as it sees fit. You also agree to execute such additional documents as may be reasonably requested by WithOthers to further evidence, perfect, or record WithOthers' rights in the Works. Upon termination of the Services, or at any prior time upon the request of WithOthers, you will provide WithOthers with all memoranda, notes, records, drawings, manuals, disks, or other documents or media containing the Works or otherwise about your work with WithOthers, including all copies of this material.
- 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 Crew Terms (including any terms or agreements or policies incorporated into these Crew Terms); (b) your use of the Platform in violation of these Crew 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 ax Crew Members, 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 Service. 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.
- 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. 🙌