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Host Terms of Service

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Last updated: 5/7/21

WithOthers www.withothers.io (the β€œWebsite”) 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 β€œPlatform.”

Users who publish and offer their services on the Platform are β€œHosts,” β€œArtists,” or β€œCrew Member(s)” (collectively known as "Vendors"), and users who search for and buy tickets are β€œVoters.” Users who request the use of Vendors' services to create events (β€œEvents”) on the Platform are "Activists."

Hosts offer spacesΒ (β€œVenues”) for Events and receive opportunities (β€œOffers”) to provide access to these spaces (β€œBookings”) (collectively, these are your β€œHost 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 Venues or Host Services.

As a Host, WithOthers offers you the opportunity to share your space with our vibrant community of Activists, Voters, Artists, and Crew Members - and earn money doing it while supporting the causes you care about. It’s easy to create a Venue, and you are in control of how you host - set availability and rules for each Venue.

WithOthers acknowledges that:

  1. You, as our Host, retain complete control of your Venue at all times.
  2. WithOthers takes full responsibility for public performance licensing in regards to the WithOthers events.
  3. Your WithOthers Event Crew Members will 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 such as off-limits areas, time constraints, etc.
  4. Your WithOthers Crew Event Lead will arrange our show and clean-up of show-related mess and leave the event space in the same condition in which we found it.
  5. In the improbable event of any damage to your property, WithOthers will work with you to make it right with compensation to cover those damages.

If you host, you are responsible for understanding and complying with all laws, rules, regulations, and contracts with third parties that apply to your Host Services.

By applying to be a Host, you agree to the following terms ("Host Terms"):

  1. Our Terms. You agree to be bound by our website Terms of Service, Privacy Policy, and Community Guidelines.
  2. Bookings. You may receive offers to host events at your Venue(s). 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 Host Services under the terms and at a price specified in your Offer.
  3. Offers. Offers are submitted on a first to accept basis to multiple Hosts. An offer is not a guarantee of a booking until the offer has been accepted on the WithOthers Platform. Hosts are serviced with Offers based in part on the calendar availability of their Venues and the location of those Venues.
  4. Payments. WithOthers Payments will pay you a flat pre-agreed per booking fee to use your Venue and Host Services.
  5. Cancellations. In the unlikely event that a booking is canceled, you will not receive payment for the booking.
  6. 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 Host Service, and you agree that you have complete discretion whether and when to provide Host Services.
  7. Managing your Venue Profiles. The WithOthers Platform provides tools that make it easy for you to set up and manage a Venue Profile. Your Venue Profile must include complete and accurate information about your Host Service. You are responsible for keeping your Venue 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 Host Services and suggest you carefully review policy terms and conditions, including coverage details and exclusions. You may have multiple Venue Profiles for a single property if it has various spaces for events.
  8. Your local compliance. You are responsible for understanding and complying with any laws, rules, regulations, and contracts with third parties that apply to your Venue or Host Services. For example, Some jurisdictions require Hosts to register, get a permit, or obtain a license before providing certain Host Services (such as hosting Events in their Venues). In some places, the Host Services you want to offer may be prohibited altogether. Check your local rules to learn what restrictions apply to the Host Services you plan to offer. Information we provide regarding legal requirements is for informational purposes only, and you should independently confirm your obligations. 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 rules apply, you should always seek legal advice.
  9. Your responsibilities. You are responsible and liable for your acts and omissions. You are also responsible for the acts and omissions of anyone you allow to participate in providing your Host Services. You acknowledge that some events carry inherent risks and agree that you assume the entire risk arising out of your access to and using the WithOthers Platform, offering Host 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 Venues or Host Services and that you are not relying upon any statement of law made by WithOthers.
  10. Safety of your venues. You warrant that your Venues are in a good state of repair and that you will take reasonable precautions to provide a safe environment. You warrant that your Venues are up to date on all required permits and fire codes. You will alert a WithOthers representative to any potential safety hazards (including but not limited to frayed or exposed electrical wires, sharp objects, loose floorboards, unsafe furniture, leaks, slippery surfaces, and common trip hazards) either in advance or as soon as you are aware of them.
  11. Your local community. You should be sure your neighbors are aware of the event, its respectful tradition, and the estimated time frame.
  12. 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.
  13. 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 scenes containing the premises, all without inspection or further consent or approval by you of the finished product or of the use to which it may be applied.
  14. 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 Host Terms (including any terms or agreements or policies incorporated into these Host Terms); (b) your use of the Platform in violation of these Host 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 a Host, 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 information 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.
  15. 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 further 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.
  16. 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 terms mentioned above, 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.
  17. Host Taxes. As a host, 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, occupancy taxes, tourist, income, or other taxes ("Taxes").
  18. 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, New York. 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. πŸ™Œ

Team WithOthers