Please read these Terms of Service carefully before using BandGigz. By creating an account or using our platform, you agree to be bound by these terms. If you do not agree, do not use BandGigz.
BandGigz ("we," "us," or "our") is a two-sided online marketplace operated by BandGigz LLC, an Arkansas limited liability company. BandGigz connects live music venues with performing artists for the purpose of booking paid performances.
BandGigz is a platform facilitator only. We do not employ artists, manage venues, or guarantee the quality of any performance or event. All agreements for performances are made directly between venues and artists through our platform. BandGigz is not a party to the performance agreement between any venue and any artist.
To use BandGigz you must:
You are responsible for all activity that occurs under your account. You may not create more than one account per person or entity. BandGigz reserves the right to refuse registration or cancel accounts at our discretion.
Artists are individual performers, bands, duos, trios, or other musical acts who use BandGigz to browse open gig listings and apply to perform at venues. Artists are independent contractors, not employees of BandGigz or any venue.
Venues are businesses, establishments, or individuals who use BandGigz to post gig listings and hire artists for live performances. Venues are solely responsible for ensuring their events comply with all applicable local laws, ordinances, and licensing requirements, including but not limited to public performance licensing (such as ASCAP, BMI, or SESAC), alcohol licensing, noise ordinances, and occupancy permits.
BandGigz is not responsible for any venue's failure to obtain, maintain, or comply with performance licensing or any other regulatory or licensing requirement. Any fines, penalties, legal action, or other consequences arising from a venue's non-compliance are the sole responsibility of that venue. Venues agree to indemnify and hold BandGigz harmless from any claims, damages, or expenses arising from their failure to comply with such requirements.
Venues may post gig listings describing the performance date, duration, genre preference, act size, and offered pay. Listings are visible to all registered users on the platform.
Artists may apply to any open listing by submitting their proposed rate and an optional message. Submitting an application is an offer to perform — it does not constitute a binding booking until the venue accepts and a booking is confirmed on the platform.
Pay rates. Venues set their own opening offer when posting a gig. Artists may accept the posted rate, decline, or counter with a different proposed rate. Final rates are determined entirely by negotiation between the venue and the artist. BandGigz does not set, enforce, or guarantee any minimum or maximum pay rate. Rates entered through the platform must be positive whole-dollar amounts.
BandGigz does not guarantee that any listing will receive applicants, or that any application will be accepted.
After an artist applies, the venue may accept the proposed rate, decline the application, or send a counter offer. Artists may accept a counter offer, decline, or counter again. This process may repeat until both parties agree on a final rate or either party ends the negotiation.
A binding booking is created when the parties agree on a rate and the venue pays the BandGigz booking fee described in Section 6. Until the booking fee clears, the application has been accepted but the booking is not yet confirmed. Once the fee clears, both parties are committed to the agreed performance date, time, duration, and rate, subject to the cancellation and dispute provisions in these Terms. BandGigz is not a party to, and does not guarantee, the performance payment between the venue and the artist.
Either party may withdraw from an active negotiation at any time before the booking is confirmed.
Coordination between booking parties. When a booking is created — that is, when a host accepts an artist's application, or an artist accepts a host's offer, and the platform confirms the booking — you authorize BandGigz to connect you and your booking counterparty for coordination through masked communication channels provided by our communications provider (currently Twilio), including bridged voice calls that ring both parties on a BandGigz-controlled number without revealing either party's phone number, and relayed messages. This authorization applies for as long as the booking remains active — from the time it is created, including before it is funded, until it reaches a final state (completed, released, cancelled, or expired). These connections are available only while the booking is active, are limited to coordinating the booked engagement, are not used for marketing, and are not recorded.
Platform fee. BandGigz charges a booking fee of exactly 10% of the agreed rate for each confirmed booking. The fee is not rounded, and there is no minimum and no maximum. The agreed rate is the total amount the venue pays for the booking. Example: a booking agreed at $500 results in a $50 booking fee to BandGigz and $450 to the artist, and a booking agreed at $299 results in a $29.90 booking fee and $269.10 to the artist — the venue's total outlay is the agreed rate, and the artist receives 90% of it. Where 10% of the agreed rate comes to less than $1.00, BandGigz does not collect a booking fee and the booking is confirmed without a charge; the artist's share is unaffected.
How payment works. At booking confirmation, the venue pays BandGigz the booking fee through a third-party payment processor (currently Square) using a secure hosted checkout. The venue pays the remainder of the agreed rate directly to the artist, off-platform, using a payment method the artist accepts. BandGigz does not collect, hold, escrow, transmit, or disburse the performance payment between the venue and the artist, and is not a party to it. BandGigz's only charge, and the only money it handles, is its own booking fee.
No card data stored. Payment-card information for the booking fee is entered directly into the processor's system. BandGigz does not collect, see, or store card numbers or bank account details. BandGigz is not responsible for delays or errors caused by the processor, banking institutions, or information entered by a user.
Booking-fee deadline. When a venue accepts an artist's application, the venue must pay the booking fee within the deadline shown on the confirmation. If the deadline elapses without payment, the booking is not confirmed, it is automatically cancelled, and the venue receives one strike on its account under Section 8. Deadlines vary based on how close the performance date is.
Booking-fee refunds. Refunds concern only the booking fee; BandGigz has no involvement in the performance payment between the parties. The booking fee is refunded in full if the artist cancels or fails to appear, if the venue cancels a confirmed booking, or if BandGigz is at fault. Cancellation strikes under Section 8 apply independently of any refund.
Program name: BandGigz SMS notifications.
Program description: BandGigz sends transactional SMS messages to registered users at the phone number on their account. These messages relate directly to your account activity on the platform and include, but are not limited to: booking confirmations, new applicant alerts, counter offers received and updated, performance reminders, dispute notices, cancellation notices, gig invitations, and direct messages from a confirmed booking partner.
How consent is obtained: SMS notifications are opt-in only and are not part of the signup process. No phone number is collected when you create a BandGigz account; signup uses only your name, email, and password. After signup, if you want to receive SMS notifications, you can enroll from your account settings (Profile → Notifications). The enrollment flow asks for a US mobile number, sends a one-time verification code via Twilio Verify to confirm you control the number, and presents a separate consent checkbox containing the verbatim disclosure of program scope, message frequency, costs, opt-out instructions, and our mobile-information non-disclosure commitment. You must explicitly check this consent box before SMS notifications are enabled. SMS consent is not required to create or use a BandGigz account; you can use BandGigz indefinitely without ever providing a phone number. You may turn SMS notifications on or off at any time after enrollment from the same Profile → Notifications section. The verbatim consent text and a full walkthrough of the flow are published at /sms-consent.html. You will not receive marketing or promotional SMS from BandGigz.
Message frequency: Variable, based on your activity on the platform. A typical user receives between 5 and 20 messages per month. Active venues posting many gigs and active artists applying to many gigs may receive more.
Costs: BandGigz does not charge for SMS notifications. Message and data rates may apply depending on your mobile carrier and plan.
How to opt out: Reply STOP to any SMS message from BandGigz to immediately unsubscribe your phone number. Reply HELP at any time to receive information about the program. You may also turn SMS notifications off at any time from your account settings (Profile → Notifications), or contact us through the Help Center. Opting out of SMS will not affect access to your account, but you may miss time-sensitive notifications that can only be delivered by text. Email notifications continue independently.
Mobile information handling: BandGigz will not sell, rent, share, or otherwise disclose mobile phone numbers, SMS opt-in status, or SMS consent records to any third party or affiliate for marketing, promotional, or advertising purposes. Mobile information is shared only with the communications provider strictly necessary to deliver opted-in notifications and to connect confirmed booking parties (currently Twilio), and only to the extent required to provide those communications — including masked or bridged calls or messages between confirmed booking parties that do not reveal either party's phone number, solely to coordinate the booking. No third party receives your mobile information for their own marketing purposes.
Support: For questions about the SMS program, contact bandgigzpro@gmail.com or use the Help Center.
Carriers: Carriers are not liable for delayed or undelivered messages.
Artists may record the method or methods by which they wish to be paid — for example a peer-to-peer payment handle, or a preference for cash or card. BandGigz displays this information only to a venue with which the artist has a confirmed booking, so that the venue can pay the artist directly.
BandGigz surfaces this information as a convenience only. BandGigz does not process, direct, hold, or guarantee any payment made using it, and is not responsible for such payments. Artists are responsible for the accuracy of the details they provide and for any fees their chosen payment method charges them.
BandGigz does not hold funds in escrow. Payment for a performance is arranged directly between the venue and the artist, as described in Section 6. This section is intentionally reserved so that the numbering of the sections that follow is preserved.
BandGigz uses a strike-based cancellation policy that applies to both artists and venues. Strikes track reliability on the platform; an artist's strike count is visible to venues reviewing their applications, and strikes count toward account flags and suspension for either party. BandGigz does not impose monetary cancellation penalties on artists or venues at this time.
The following rules apply when an artist cancels a confirmed booking:
Strikes accumulate against an account regardless of how they were issued (artist cancellation, venue cancellation, a missed booking-fee deadline, or a discretionary strike described below):
Strikes do not expire automatically. BandGigz may, at its discretion and on a case-by-case basis, clear a strike following a good-faith appeal by the artist (for example, documented emergency, illness, or venue-side miscommunication).
The same timing-based strike rules apply when a venue cancels a confirmed booking. Because the venue has paid only the booking fee and BandGigz holds no performance payment, the refund handling in Section 6 applies: the booking fee is refunded in full whenever a venue cancels a confirmed booking, regardless of timing. The strike consequences below apply independently of that refund:
Separately, if a venue accepts an artist's application but fails to pay the booking fee by the deadline described in Section 6, the booking is not confirmed, it is automatically cancelled, and the venue receives 1 strike.
When a confirmed booking is canceled, BandGigz will make reasonable efforts to notify the next-best applicants for the original gig in order of their application, giving those artists the opportunity to fill the slot before the gig is relisted publicly. Participation in the backup artist system is automatic for any artist who applied to the original gig.
In addition to strikes issued automatically by the platform, BandGigz may issue a strike to any account — artist or venue — for bad-faith conduct or for behaviors the automated system does not detect. Examples include, but are not limited to: payment disputes filed without a good-faith basis (including chargebacks where the underlying booking was performed as agreed), under-reporting the agreed rate to reduce the booking fee, or arranging a booking off-platform to avoid the fee, in violation of Section 12, harassment of other users, repeated unprofessional conduct documented through support, or other material violations of these Terms. When a discretionary strike is issued, the affected user is notified by email with the reason for the strike. The strike counts toward the same thresholds described above and may be appealed by contacting support through the Help Center.
BandGigz reserves the right to issue, clear, adjust, or override strikes and related account consequences at our discretion following review. The rules in this section are binding regardless of whether enforcement is performed automatically by the platform or manually by BandGigz staff.
Ratings, strikes, and account standing are the tools BandGigz uses to address problems between users. Because BandGigz does not hold the performance payment, reporting a problem does not freeze or affect any payment — there is no payment held by BandGigz to freeze.
Reporting windows. A report of non-payment may be submitted within 30 days of the scheduled performance date. Any other problem with a booking may be reported within 72 hours of the scheduled performance date. BandGigz reviews reports as promptly as reasonably possible and may issue or clear strikes, adjust the visibility of ratings, or take account action under Section 8. BandGigz's decision is final.
BandGigz does not adjudicate, mediate, or reimburse the performance payment between a venue and an artist. Any dispute over money owed for a performance is solely between those two parties. After a performance, BandGigz asks the artist whether they were paid in full; a report of non-payment is recorded against the venue and counts toward the strike system.
Valid grounds for reporting include: the artist no-showed, the performance was materially shorter than agreed, the venue failed to honor the agreed terms of the performance (including non-payment), or significant unprofessional conduct by either party.
Frivolous or bad-faith reports may result in a strike under Section 8 or, in serious cases, account suspension.
After a completed booking, venues may rate and review the artist's performance, and artists may rate and review the venue. Ratings and written reviews are publicly visible on user profiles. Reviews are attributed anonymously to the public (displayed as "Verified Artist" or "Verified Venue"); BandGigz retains internal records of which user submitted each review for moderation and fraud prevention.
Reviews must be honest and based on the actual experience. BandGigz prohibits fake, coerced, or retaliatory reviews. We reserve the right to remove reviews that violate these guidelines.
Users may not offer incentives to others in exchange for positive reviews.
BandGigz users may upload or submit content to the platform, including profile photos, bios, gig flyers, gig descriptions, audio samples, video samples, messages, ratings, and reviews ("User Content"). You retain all ownership rights in your User Content.
By submitting User Content to BandGigz, you grant BandGigz a non-exclusive, worldwide, royalty-free, sublicensable license to host, store, reproduce, display, modify (for formatting and technical purposes only), and distribute that content on and through the BandGigz platform for the purposes of operating, promoting, and improving the service. This license includes the right to display your User Content in connection with the platform's marketing materials, search results, and promotional communications about BandGigz.
You represent and warrant that you own or have all necessary rights, licenses, consents, and permissions to submit your User Content and to grant BandGigz the license above, and that your User Content does not infringe any third party's intellectual property, privacy, or publicity rights.
You may delete User Content from your account at any time. Deletion ends the license for new uses going forward, but BandGigz may retain copies in backups or archived logs for a reasonable period, and may continue to display User Content that has been incorporated into completed transactions (for example, a gig description on a booking that has been fulfilled) for record-keeping purposes.
BandGigz does not claim ownership of any User Content and will not sell your User Content to third parties.
Users of BandGigz may not:
Violation of these rules may result in immediate account termination without refund.
Voluntary closure. You may close your account at any time from your profile settings using the self-service "Delete my account" option. The process, timing, and post-closure data handling are described in Section 7 of our Privacy Policy. If your account is flagged or suspended pending review, self-service closure is not available; please contact support to request closure, and your request will be processed once the review is complete.
Removal by BandGigz. BandGigz may suspend or remove your account at our discretion, with or without notice. Removals are categorized as either administrative (housekeeping, inactive accounts, duplicate accounts, or similar) or for cause.
For-cause removal. A for-cause removal is one undertaken because of a violation of these Terms, fraud, deceptive conduct, a threat to the safety or trust of the platform or its users, or similar serious misconduct. Where we remove an account for cause, the following additional consequences apply, in addition to the data handling described in Section 7 of our Privacy Policy:
Effect of removal. Removal under this Section results in de-identification of your profile and retention of associated records as described in Section 7 of our Privacy Policy. De-identification preserves the integrity of historical bookings, booking-fee records, reviews, and dispute records that reference the removed account. Upon closure or removal, any pending bookings will be handled at BandGigz's discretion based on the circumstances.
Disputes regarding removal. If you believe your account was removed in error, you may contact support to request review. BandGigz is not obligated to reinstate any account or to reverse a for-cause removal.
You are solely responsible for determining, reporting, and paying any taxes applicable to your activity on BandGigz, including income, self-employment, sales, and business taxes. BandGigz does not provide tax advice. We encourage you to consult a qualified tax professional.
No 1099-K from BandGigz. BandGigz does not process the performance payment between venues and artists and is not in the payment path for those funds. BandGigz issues no Forms 1099-K and has no reporting obligation under Internal Revenue Code Section 6050W in respect of performance payments. The BandGigz booking fee is the platform's own business revenue. Artists and venues are solely responsible for reporting and paying taxes on amounts they pay or receive directly.
Note for venues. A venue that is a business and pays an artist $600 or more in a calendar year may have its own obligation to issue that artist a Form 1099-NEC. BandGigz does not do this on a venue's behalf. Consult a qualified tax professional.
BandGigz is a marketplace platform. We are not responsible for the actions, omissions, or conduct of any user, artist, or venue on or off the platform. We do not verify the identity, credentials, or qualifications of users beyond what is required at account registration.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, BANDGIGZ SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING OUT OF OR RELATED TO YOUR USE OF THE PLATFORM, INCLUDING BUT NOT LIMITED TO LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF DATA, OR LOSS OF GOODWILL.
Our total liability to you for any claim arising out of or relating to these Terms or the platform shall not exceed the greater of (a) the amount of fees paid by you to BandGigz in the 12 months preceding the claim, or (b) one hundred dollars ($100).
Some jurisdictions do not allow limitations on implied warranties or liability, so the above limitations may not apply to you.
These Terms of Service are governed by the laws of the State of Arkansas, without regard to its conflict of law provisions.
Any dispute, claim, or controversy arising out of or relating to these Terms or the use of the BandGigz platform shall be resolved exclusively in the state or federal courts located in Washington County, Arkansas, and each party consents to the exclusive jurisdiction and venue of those courts. Each party waives any objection to venue in those courts, including any objection based on inconvenience.
Nothing in this section prevents BandGigz from seeking injunctive or equitable relief in any court of competent jurisdiction to protect its intellectual property or confidential information.
BandGigz reserves the right to update these Terms of Service at any time. We will notify users of material changes by email or by posting a notice on the platform. The "Last updated" date at the top of this page will be revised accordingly, and material changes to payment processing, fees, or dispute handling will be called out in the changelog at the bottom of this page.
Continued use of BandGigz after changes take effect constitutes acceptance of the updated Terms. If you do not agree to any change, you must discontinue use of the platform before the change takes effect.
Formal legal notices to BandGigz, including notices of claim, notices under these Terms, and service of process, should be sent to:
BandGigz LLC
Attn: Kelvin Oshea Sims Jr., Registered Agent
4379 Beacon Ct
Springdale, AR 72764
Email: bandgigzpro@gmail.com
Notices delivered by email shall be deemed received on the business day sent (if sent during business hours in Central Time) or the next business day (otherwise). Notices delivered by mail shall be deemed received three business days after mailing.
If you have general questions about these Terms of Service or the BandGigz platform, please contact us through the Help Center.
BandGigz LLC · Arkansas, United States