Band on the Run — Terms of Service

1. Acceptance of These Terms

Band on the Run (the "Platform," "we," "us," or "our") is operated by Band on the Run LLC, a Tennessee limited liability company (Williamson County; also doing business as "BOTR"). By creating an account, browsing listings, or otherwise using the Platform, you ("you," "User") agree to be bound by these Terms of Service ("Terms"). If you do not agree, do not use the Platform.

If you are using the Platform on behalf of a band, venue, or other organization, you represent that you have the authority to bind that organization to these Terms.

2. What Band on the Run Is (and Isn't)

Band on the Run is an online marketplace that allows independent bands ("Artists") and venues ("Venues") to create profiles, discover one another, negotiate booking terms, and process payment for live performances through the Platform.

Band on the Run is not:

• A talent agency, booking agent, or promoter
• A party to any booking agreement between an Artist and a Venue
• A guarantor that any show will occur, that any Artist or Venue will perform as agreed, or that any party will honor the terms they agreed to

We provide the software and payment infrastructure. The actual booking — who performs, when, for how much, and under what conditions — is an agreement between the Artist and the Venue. We are not responsible for the conduct of either party.

3. Eligibility & Accounts

• You must be at least 18 years old to create an account.
• You must provide accurate, current information when creating your profile and keep it up to date.
• You are responsible for maintaining the confidentiality of your account credentials and for all activity under your account.
• One account per band or venue is intended. Creating multiple accounts to misrepresent yourself, manipulate ratings, or circumvent these Terms is prohibited.

4. Account Types

The Platform supports two account types: Artist accounts and Venue accounts. The features, obligations, and payment flows differ between the two, as described elsewhere in these Terms and in the Platform itself.

5. The Booking Process

• Either party may propose a booking against the other's posted open date, specifying a proposed price, date, and set length.
• The receiving party may accept, counter-offer, or decline.
• Once a booking is accepted by both parties, each party pays a $5.00 booking fee to confirm the booking (see Section 6). Payment of this fee by both the Artist and the Venue is what finalizes the booking onto the Platform's calendar.
• Upon both booking fees being paid, the Platform automatically generates a contract between the Artist and the Venue, reflecting the specific terms both parties agreed to (date, price, deal structure, and any other negotiated terms). By completing the booking and paying the booking fee, each party agrees to be bound by the terms of that generated contract.
• Band on the Run is not a party to this contract. The contract is solely between the Artist and the Venue. Band on the Run's role is limited to facilitating the connection between the parties, hosting and generating the contract document, and processing payment if the booking is completed — Band on the Run is compensated for these facilitation services (the booking fee described in Section 6, and the platform fee described in Section 6 if the booking is completed), not for guaranteeing that either party will perform as agreed. Band on the Run assumes no liability for either party's performance, cancellation, or breach of the contract generated between them.
• Bookings may be countered, withdrawn, or declined at any point before both parties have accepted and paid their booking fees, per the mechanics of the Platform.

6. Payments

Booking fee. When both parties accept a booking, each party — Artist and Venue — pays a flat $5.00 booking fee to Band on the Run to finalize the booking. This fee is non-refundable and is charged once, at the time of booking, regardless of whether the booking is later completed, canceled, or results in a no-show by either party. The booking fee is compensation to Band on the Run for facilitating the connection and generating the contract described in Section 5 — it is not a deposit, retainer, or security held against future performance.

Show payment.

• No additional charge occurs at the time of booking beyond the $5.00 booking fee described above. The Venue's payment method is saved (authorized, not charged) for the full booking price at that time.
• The show payment charge is not automatic. After the scheduled performance date has passed, either party — Artist or Venue — may mark the show complete on the Platform; that action is what charges the Venue's saved payment method for the agreed price. No charge occurs before the performance date, and no charge occurs unless a party marks the show complete.
• For bookings whose final price depends on post-show figures (for example, door receipts), the charge occurs only after both parties have entered and confirmed the settlement numbers on the Platform; a disputed settlement blocks the charge until it is resolved.
• Band on the Run retains a platform fee of 5% of the booking price (subject to change with notice) from each completed transaction, reduced to 3% on bookings created while the Artist holds an active VIP membership. The rate is fixed when the booking is created — it does not change afterwards if the Artist's membership starts or ends — and the rate that applies is printed on the performance agreement for that booking. The remainder is transferred to the Artist's connected payment account.

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• All payment processing is handled by Stripe, Inc. ("Stripe") through Stripe Connect. Band on the Run does not store your full payment card information. By using the Platform's payment features, you also agree to Stripe's Connected Account Agreement and Stripe's own terms of service.
• Artists must complete Stripe's identity/account verification process before they can receive payouts. Band on the Run may decline to facilitate a payment or payout if this verification is incomplete or if Stripe declines to process a transaction for any reason.
• Band on the Run is not a bank and does not hold funds in escrow. Payment flows directly through Stripe's infrastructure per the mechanics described above.

7. Cancellations & No-Shows

• Cancellation, no-show, and performance obligations between the Artist and Venue are governed exclusively by the contract generated between them under Section 5. Band on the Run is not a party to that contract and does not adjudicate, enforce, or take a position on disputes arising from a cancellation or no-show between the two parties.
• The $5.00 booking fee described in Section 6 is non-refundable regardless of whether either party later cancels — this fee compensates Band on the Run for facilitating the booking and is unrelated to whether the show occurs.
• If the Venue's payment method has been saved for the full booking price and the show does not occur (whether due to cancellation by either party or a no-show), that payment method is not charged for the booking price — only the non-refundable $5.00 booking fee already paid by each party applies.
• Band on the Run may, at its discretion, reflect a pattern of cancellations or no-shows in a user's account standing or ratings visibility, and may suspend or review accounts with repeated issues, but is not responsible for enforcing performance of the contract between the parties or for any damages either party may claim against the other.

8. Ratings & Reviews

• Only a party to a completed booking may rate and review the other party to that booking.
• Ratings and reviews must reflect genuine experiences. Fraudulent, retaliatory, or manipulated ratings are prohibited and may be removed.
• Band on the Run does not pre-screen reviews for accuracy and is not responsible for the content of user-submitted reviews, but reserves the right to remove content that violates these Terms.

9. User Content

• You retain ownership of the photos, profile text, and messages you submit to the Platform ("User Content").
• By submitting User Content, you grant Band on the Run a non-exclusive, worldwide, royalty-free license to display, reproduce, and distribute that content as necessary to operate the Platform (e.g., displaying your profile photo on your listing and in search results).
• You represent that you own or have the necessary rights to any content you upload, and that it does not infringe any third party's rights.
• We reserve the right to remove User Content that violates these Terms, without prior notice.

10. Prohibited Conduct

You agree not to:

• Provide false or misleading information in your profile or during a booking negotiation
• Use the Platform to solicit business outside the Platform in a manner that circumvents applicable fees, where prohibited by these Terms
• Harass, threaten, or discriminate against other users
• Upload content that is unlawful, infringing, obscene, or otherwise violates these Terms
• Attempt to interfere with, disrupt, or gain unauthorized access to the Platform, other users' accounts, or our systems
• Use the Platform for any purpose other than legitimate live-performance booking between Artists and Venues

11. Intellectual Property

The Platform's name, logo, design, and underlying software are the property of Band on the Run LLC and are protected by applicable intellectual property laws. Nothing in these Terms grants you any right to use our trademarks or branding without prior written permission.

12. Disclaimers

THE PLATFORM IS PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. We do not warrant that the Platform will be uninterrupted, error-free, or secure, or that any booking made through the Platform will result in a successful performance, payment, or satisfactory experience for either party. We are not responsible for the quality, safety, legality, or conduct of any Artist, Venue, or performance booked through the Platform.

13. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, BAND ON THE RUN AND ITS OWNERS, EMPLOYEES, AND AFFILIATES WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUE, ARISING FROM YOUR USE OF THE PLATFORM OR ANY BOOKING MADE THROUGH IT.

14. Indemnification

You agree to indemnify and hold harmless Band on the Run LLC from any claims, damages, or expenses (including reasonable attorneys' fees) arising from your use of the Platform, your breach of these Terms, or your violation of any law or third-party right.

15. Dispute Resolution

16. Termination

We may suspend or terminate your account at any time, with or without notice, for violation of these Terms or for any other reason at our discretion. You may stop using the Platform and close your account at any time by contacting us at support@bandontherun.app.

17. Changes to These Terms

We may update these Terms from time to time. We will provide notice of material changes (e.g., via email or an in-app notice). Continued use of the Platform after changes take effect constitutes acceptance of the revised Terms.

18. Governing Law

These Terms are governed by the laws of the State of Tennessee, without regard to conflict-of-law principles.

19. Contact

Questions about these Terms can be directed to support@bandontherun.app.

*This document is a draft prepared for attorney review and is not a final, legally binding Terms of Service until reviewed, revised, and approved by a licensed attorney.*