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.
Minimum pay: BandGigz enforces a minimum rate of $50 per person in an act. A solo artist has a minimum of $50. A duo has a minimum of $100. A trio has a minimum of $150. A band of four or more has a minimum of $200.
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 either party accepts an offer and the platform confirms the booking. At that point both parties are committed to the agreed performance date, time, duration, and rate, subject to the cancellation and dispute provisions in these Terms.
Either party may withdraw from an active negotiation at any time before the booking is confirmed.
Current payment flow. At present, payment for performances is arranged directly between the venue and the artist outside of the BandGigz platform. BandGigz does not process payments at this time. Venues and artists are solely responsible for confirming payment terms (method, timing, deposits) during or after booking negotiation.
Platform fee. BandGigz charges a 10% platform fee on every completed booking, calculated on the final agreed rate. The fee is paid by the artist and reflected in the artist's payout. Venues pay the full agreed rate. Example: a booking agreed at $500 results in the venue paying $500 and the artist receiving $450 net of the 10% platform fee.
During the current pre-launch period for in-platform payments, BandGigz may, at its sole discretion, waive the platform fee or defer fee collection until the in-platform payment system is active. Users will be notified in advance of any change in fee collection practice.
Payment processing fees are non-refundable. When a venue funds a booking, BandGigz passes Stripe's payment processing fee through to the venue as a separate line item at checkout, disclosed in the pay breakdown on the gig posting page. If a funded booking is later refunded for any reason — including cancellation by either party or a partial refund tied to cancellation timing — the booking amount is returned to the venue in full, but the Stripe processing fee is retained and not refunded. This is because Stripe does not return processing fees on refunds, and BandGigz does not absorb this cost on the platform's behalf. Venues acknowledge and accept this when funding a booking.
Coming soon — Stripe Connect integration. BandGigz is integrating with Stripe Connect, a third-party payment processor operated by Stripe, Inc. Once live, all booking payments will flow through the platform: venues will pay the agreed rate into platform escrow at booking confirmation, and artists will receive payment through their connected Stripe accounts after the performance is approved. Upon launch, users will be required to accept Stripe's Terms of Service and Stripe's Connected Account Agreement in order to continue using BandGigz for paid bookings. Artists will onboard with Stripe through a secure process to receive payouts. BandGigz does not and will not store bank account numbers or routing information; all financial information is handled directly by Stripe. BandGigz is not responsible for delays caused by Stripe, banking institutions, or incorrect information provided by users.
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, payment events, 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 SMS provider strictly necessary to deliver opted-in notifications (currently Twilio) and only to the extent required to send those messages. 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.
Escrow and automated payment release are part of the forthcoming Stripe Connect integration described in Section 6.
Once the Stripe Connect integration is live, the following will apply to all bookings:
Until the Stripe Connect integration is active, payment terms for confirmed bookings are managed directly between the venue and artist. Disputes about non-payment during this period will be reviewed by BandGigz under Section 9, but BandGigz has no ability to directly release, hold, or refund funds that have not passed through the platform.
BandGigz uses a strike-based cancellation policy. Strikes track reliability on the platform and appear on artist profiles so venues can make informed hiring decisions. 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 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).
Venues are strongly encouraged to cancel as early as possible out of respect for artists who have reserved the date and turned down other work. Venues that cancel confirmed bookings with less than 24 hours' notice, or that demonstrate a pattern of late cancellations, may, at BandGigz's discretion, be subject to account review under Section 13, including suspension or termination in cases of repeated abuse.
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.
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.
Rollout status. Automated strike tracking, backup-artist notifications, and automated relisting are being implemented as part of the platform's ongoing development. Until those systems are fully active, BandGigz applies the standards above manually when reviewing cancellations, disputes, and account standing. The rules in this section are binding regardless of whether enforcement is automated or manual.
Either party may file a dispute within 72 hours of the scheduled performance date. BandGigz will review disputes as promptly as reasonably possible. BandGigz's decision on disputes is final.
Once the Stripe Connect integration described in Section 6 is active, filing a dispute will freeze payment release pending review. Until then, dispute resolution is limited to matters within BandGigz's control, including account standing, strike assignments, and review removal under Section 10.
Depending on the evidence provided and the circumstances, BandGigz may release payment to the artist, refund the venue, split the payment, issue strikes, or take no action.
Valid grounds for a dispute include: artist no-showed, performance was materially shorter than agreed, venue failed to pay the agreed amount, or significant unprofessional conduct by either party.
Frivolous or bad-faith disputes may result in 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.
BandGigz may suspend or terminate any account at our discretion, with or without notice, for violations of these Terms, fraudulent activity, or any behavior we determine to be harmful to the platform or its users.
Users may close their accounts at any time by contacting support. Completed booking records, review records, and related financial records are retained for legal, tax, and accounting purposes even after account deletion.
Upon termination, any pending bookings or escrowed payments (once in-platform payments are active) will be handled at BandGigz's discretion based on the circumstances of the termination.
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.
1099-K reporting. Once the Stripe Connect integration described in Section 6 is active, payments processed through the platform may be subject to reporting requirements under Internal Revenue Code Section 6050W. Artists who receive payments through their connected Stripe account that meet applicable IRS thresholds in a given calendar year may receive a Form 1099-K. These forms are issued by Stripe as the payment processor, not by BandGigz. Reporting thresholds are set by the IRS and are subject to change; BandGigz and Stripe follow the thresholds in effect at the time of reporting.
To receive payouts and applicable tax forms, artists may be required to provide a valid taxpayer identification number (SSN, ITIN, or EIN) and other identity information during Stripe onboarding. Failure to provide accurate tax information may result in delayed payouts, backup withholding as required by law, or suspension of the account until the information is provided.
During the current pre-launch period for in-platform payments, BandGigz does not process payments and does not issue any tax forms. Artists and venues are responsible for their own tax reporting on any off-platform payments.
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