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Venue terms and conditions

VENUE ADDITIONAL TERMS & CONDITIONS

 

By accepting these Venue Terms & Conditions, you agree to the terms and to be legally bound by them. These Venue Terms & Conditions are in addition to the ShowSlinger General Terms & Conditions, found here and which are incorporated into these Venue Terms & Conditions by this reference.

 

1.   GENERAL

1.1 “Artist” , "Host" or "Performer" refers to the person or persons confirmed to perform at the venue.

1.2 “You”, “your” and "venue" refers to the business or venue where the artist is confirmed to perform.

1.3 “ShowSlinger,” “we,” and “our” refer to ShowSlinger, LLC.

1.4 These Venue Terms & Conditions do not in any way create an employer-employee relationship or any type of partnership, association,        joint venture, or other business relationship between you and ShowSlinger.

1.5 These Venue Terms & Conditions will be governed by and construed in accordance with the laws of the State of Georgia, without    

       regard to its conflicts of law principles.

2. SHOWSLINGER RESPONSIBILITIES

 

2.1 We will book, schedule and confirm artists for performances at the venue.

2.2 We negotiate the contracts with artists and artist payments on your behalf.

2.3 We facilitate all communications between you and the artist.

2.4 We assist in recommending your budgetary guidelines.

2.5 We provide you with a dedicated National Account Manager.

3. VENUE RIGHTS & RESPONSIBILITIES

3.1 You may cancel our services at any time by providing written notice to us. We will cease our services to you upon receipt of the

       services cancellation notice but you may still be liable for any outstanding fees as defined in section 6.

3.2 You are responsible to pay ShowSlinger any fees incurred up to and including the date on which you cancel our services.

3.3 Except for artists with whom you are working as of the date of your acceptance of these Venue Terms & Conditions, you may not

       book or schedule any artist in the ShowSlinger database for a period of one (1) year from the date such venue terminates its services          with us. If the venue continues booking artists in violation of this agreement, ShowSlinger reserves the right to receive $1,000 in

       damages for each violation.

4. COMMUNICATIONS

 

4.1 The artist is an independent contractor that has a written agreement with ShowSlinger, not you. As such, ShowSlinger will facilitate all 

       communication between you and the artist. You should not contact or communicate with the artist for any reason about the

       performance, payment terms or any other details relating to the performance.

4.2 If you need to relay a message to the artist, you should contact your ShowSlinger National Booking Agent or info@showslinger.com.

4.3 We may send you weekly updates by email for the artists scheduled to perform at your venue.

 4.4 In exchange for the consideration acknowledged herein, performers will not publish or otherwise disseminate any disparaging,

       defamatory or derogatory information about ShowSlinger, its products or its employees. For purposes of this Section, "disparage"

       shall mean any negative statements, reviews, comments, or feedback, whether written or oral and published in any medium. This

       includes all written, oral or electronic communication, including any statements published on online review websites, internet

       forums, or video hosting websites. The Parties represent that to date neither Party, nor any agent of either Party, has published,

       posted or submitted any disparaging comments about the other. The parties acknowledge that in the event of a breach of this

       section, damages would be difficult to calculate. Accordingly, the Parties agree that in the event of a breach of this section, the

       non-breaching party shall be entitled to liquidated damages in the amount of $10,000. The Parties agree that this amount is a

       reasonable estimate of damages given the contemplated breach and not a penalty.     

5. VENUE PAYMENTS

5.1 If you are paying by credit card, the credit card may be debited up to ten (10) business days prior to the confirmed event to ensure

       that the funds are available to the artist.

5.2 If you are paying by check, we must receive your payment by the fifteenth (15th) day of the month prior to the confirmed event to

      ensure that the funds are available to the artist.

5.3 If we do not receive your payment when due, we reserve the right, at our sole discretion, to cancel the performance that is the subject

      of the payment.

5.4 We reserve the right to withhold a portion of the artist’s payment as an event transaction fee for our services.

5.5 If we do not receive payment by thirty (30) days after an invoice is issued or after performance has occurred, we will impose a 15%

      late fee to the payment.

5.6 Any payments that are 60 days overdue will be sent to a collections agency.

6. CANCELLATIONS

6.1 If you cancel a performance or our service for any reason within seven (7) days of a confirmed event, the artist will receive fifty percent

      (50%) of the payment and you will still be charged the full payment amount.

6.2 You will not be liable for cancelling a confirmed event in the event that such cancellation is caused by or due to an event beyond your

       control, including, but not limited to, death, illness or other incapacity certified by a properly qualified medical practitioner, the acts or

       regulations of public authorities, labor strikes, civil tumult, terrorist activities, epidemic, and acts of God. In such an event, you will be

       refunded one hundred percent (100%) of the event budget within five (5) business days.

6.3 If the artist does not show up to perform at a confirmed event, ShowSlinger will refund to you one hundred percent (100%) of the

      event budget. If you paid with a credit card, you will be refunded within forty-eight (48) hours. If you paid by check, we will credit the

      event budget in the next month’s invoice or mail you a refund check, at our option.

7. INDEMNIFICATION, WAIVER & DISPUTES

 

7.1 You agree to defend, indemnify and hold harmless ShowSlinger from and against all actions, costs, claims, losses and expenses, or

       damages, including attorney’s fees, arising out of or resulting from any breach by you of your obligations under these Artist Terms &

       Conditions or the ShowSlinger General Terms & Conditions, or from any acts or omissions by you or your agents, employees, or

       persons within your control resulting in any injury to any of your guests or patrons or in damage to property of the artist.

7.2 You are responsible for insuring your property, and you hereby waive any claim against ShowSlinger for theft of or damage to your

       property by you, your patrons, the artist, or persons within the artist’s control.

7.3 You are responsible for any damage to the artist’s property caused by you, your patrons, or persons within your control, and you

       hereby waive any claim against ShowSlinger for such damage.

7.4 If you have a problem, complaint, or dispute relating to the artist’s performance, you must inform us within twenty-four (24) hours

      after the performance so that we can take appropriate action. You hereby give ShowSlinger the authority to make the final    

      determination regarding any dispute you have with the artist.

7.5 Any dispute between you and ShowSlinger arising out of these Venue Terms & Conditions may, at our option, be submitted to binding

      arbitration in Georgia under the commercial arbitration rules of the American Arbitration Association. The arbitration shall be

      governed by the laws of the State of Georgia.