Application and Precedence
This document shall be known as the Client Terms and Conditions of Service (“C–TOS”) and shall apply to Clients only. It is additional and supplementary to the General Terms and Conditions of Use (“G–TOS”) which applies to all users of Our Platform. In the event of a conflict between this document and the G–TOS, this document shall prevail.
Any definitions contained in the G–TOS remain in effect and retain their identical meaning herein unless specifically redefined (in which case said redefinition will take priority). Definitions in this document that do not appear in the G–TOS apply only herein.
The inclusive pronoun use policy contained in the G–TOS applies equally to the C–TOS and this document shall be read, understood and applied accordingly.
Definitions
"Client" – any person, company, host, event planner, venue, vendor, or organization that utilizes ARRIVE to book and secure a Performer for a scheduled Event. The Client is responsible for the terms of the booking, including payment, event logistics, and adherence to ARRIVE’s policies.
"Performer" – a Musician, a Music Group, a Talent, an Entertainer, or any performing Act(s) which has been booked for a gig through ARRIVE.
"Event" – the period of time when the Performer performs the Booking.
Terms
All Bookings documented electronically or in writing – however or wherever negotiated and agreed – will be legally binding contracts subject to the following non-negotiable terms and conditions:
1. Confirming The Booking
1.1 By sending a Booking Request, the Client is offering to enter into a legally binding contract with the Performer such that when the Performer accepts or confirms the Request, the Client is committed to paying for the contracted performance.
1.2 Once payment is made through The ARRIVE Platform, the Booking is considered confirmed.
1.3 Clients should ensure that they have communicated to the Performer in advance who their designated point-of-contact (“POC”) will be on the day of the Event.
2. Direct Contact With Performer
2.1 All details for any Booking agreed verbally must be confirmed in writing with the Performer using the Message feature on the ARRIVE platform.
2.2 A Booking is not agreed until it is made and paid for on The ARRIVE Platform. Discussing a Booking in messages does not agree it.
2.3 If a Booking initiated via The ARRIVE Platform is agreed in person but not completed via The ARRIVE Platform, then ARRIVE cannot be responsible for any cancellations or issues relating to the Booking, and no payment or Performer replacement guarantees will apply.
3. Paying On-Site
3.1 All payments which go through the ARRIVE site (on-site) are made through our payment providers, Stripe (cards) and PayPal.
3.2 Payments are processed securely by Stripe or PayPal; by paying through The ARRIVE Platform you agree to the applicable terms of the provider that processes your payment.
3.3 The Client pays the full Booking amount, plus the Client service fee, through The ARRIVE Platform when securing the Booking. ARRIVE holds the funds and releases the Performer’s fee (less ARRIVE’s commission) and any travel expenses to the Performer 72 hours after the Event, unless a dispute is opened within that period.
4. [Intentionally omitted]
5. Travel Expenses
5.1 Travel Expenses include all expenses incurred by the Performer which are unrelated to the performance itself. For example, such expenses may include reasonable amounts for items like transportation, porterage and accommodation, as well as for food and drink.
5.2 Performers usually receive their travel expenses payment as part of their final payment, released to the Performer 72 hours after the Event unless a dispute is opened within that period.
5.3 Any travel expenses are agreed between the Client and the Performer as part of the Booking amount, which the Client pays in full when booking.
5.4 ARRIVE does not pay out any part of a Booking, including travel expenses, to the Performer before the Event. The Performer is paid out after the Event, as set out in section 3.3.
6. Cancellation or Changes
6.1 To cancel a confirmed Booking, the Client uses the Cancel option on the Booking’s page on The ARRIVE Platform. If the Client cannot do so, or needs to change a Booking significantly, the Client must contact ARRIVE at support@arrivebooking.com.
6.2 A Client who needs to cancel must cancel through ARRIVE before informing the Performer.
6.3 Merely informing the Performer of a cancellation is not a valid method of effecting the cancellation as far as ARRIVE is concerned. No Booking shall be considered canceled until it has been canceled on The ARRIVE Platform or by ARRIVE.
6.4 All cancellations are subject to ARRIVE's cancellation policy and said policy must be followed regardless of whether the Performer also has his/her/their own cancellation policy. If the Client cancels, the Client service fee is not refunded. If the Performer cancels, or ARRIVE cancels the Booking on the Performer's behalf because the Performer cannot perform it, the Client is refunded in full, including the Client service fee.
7. [Intentionally omitted]
8. No Show Policy
8.1 A no-show occurs when a Performer does not carry out a Booking without first having validly canceled said Booking in accordance with the ARRIVE Performer Cancelation Policy at least 48 hours before the scheduled job/gig start time.
8.2 If a Performer no-shows, the Client is refunded in full — the Booking amount and the Client service fee — through The ARRIVE Platform once ARRIVE has reviewed the Client’s report, in accordance with the ARRIVE Cancellation Policy.
9. Changes To Booking Details
9.1 If a Client needs to make changes to the details of a Booking before it has been confirmed (such as the line-up, performance duration or fee amount), this must be done using The ARRIVE Platform and must be accepted by both parties before the Booking is confirmed.
9.2 Once a Booking has been confirmed, Clients should not communicate changes in Booking details to the Performer without first notifying ARRIVE by email sent to support@arrivebooking.com
10. Delayed Event Schedules And Late Finish Fees
10.1 If an Event is delayed or interrupted through no fault of the Performer and he/she/they cannot or will not perform beyond the originally scheduled end time, this will not affect the performance fee applicable. The Performer has the right to refuse to finish later than the originally scheduled end time without penalty, and doing so shall not be considered misconduct.
10.2 If an Event is extended beyond the originally scheduled end time and the Performer agrees to continue performing at the request of the Client, then the Performer is entitled to negotiate and receive additional payment from the Client at the Performer’s discretion. This additional payment must be declared to ARRIVE at support@arrivebooking.com within 24 hours after the Event.
10.3 If any other changes to the Booking occur on the day of the Event and result in additional payment made or owed to the Performer, this additional payment must be declared to ARRIVE at support@arrivebooking.com within 24 hours after the Event.
11. Performance Conditions and Sound Limits
11.1 Relevant performance conditions should be made known to the Performer by the Client before a Booking is confirmed. If the Event venue has a sound limit, the Client must make this limit known to the Performer before the Booking is confirmed.
11.2 Examples of relevant performance conditions other than sound limits include: (i) the size of the performance space available; (ii) contingency plans in the event of rain or adverse weather conditions (for outdoor performances only): (iii) timings for sound checks; (iv) the size, condition and availability of dressing rooms; and, (v) availability of food and drink.
11.3 The Performer may refuse to perform if the Client does not make the sound limit known to the Performer before the Booking is confirmed and/or the sound limit for the Booking is below a reasonable level for the style of performance booked. For example, if a rock band is booked to perform but the sound limit is lower than that of an acoustic drum kit. In such a case, failure to perform will not constitute misconduct or a no-show, by the Performer and the performance fee applicable will not be affected, provided that evidence persuasive to ARRIVE of the sound limit conflict is produced.
11.4 The Performer may similarly refuse to perform if general performance conditions at the venue are lower than agreed with the Client, or if the conditions are objectively unacceptable. Such refusal shall not be considered misconduct or a no-show by the Performer, and shall not affect the performance fee applicable for the Booking, provided that evidence persuasive to ARRIVE of the generally unacceptable conditions is produced.
12. Using Alternative Or Deputy Performers
12.1 ARRIVE may grant the Performer the right to use an alternative or deputy performer, but only given the Client’s consent.
12.2 Any alternative or deputy performers will be subject to the same contractual agreement as the original Performer.
13. Disintermediation And Circumvention
13.1 Clients agree not to take Bookings originating on ARRIVE outside of The Platform or use ARRIVE to arrange for jobs/gigs outside of The Platform. Doing so is against both the G–TOS and the C–TOS and Clients who violate this provision may be penalized by having their ARRIVE account suspended or deleted.
13.2 Clients agree not to process payments to ARRIVE’s members through payment systems that are external to the ARRIVE platform.
13.3 If a Client wishes to offer a Performer further work as a result of an ARRIVE Booking, the Client should contact ARRIVE at support@arrivebooking.com with the details.
14. Dispute Resolution
14.1 If a dispute arises as a result of a Booking, the Client must register the dispute by contacting ARRIVE as soon as possible at support@arrivebooking.com
14.2 When a dispute is registered, ARRIVE may hold the payment for the Booking until the dispute is resolved. During that time we will ask both the Client and the Performer to provide evidence.
14.3 If the evidence is inconclusive, the default decision is for the Performer to receive his/her/their fee.
14.4 By accepting a Booking through the ARRIVE Platform, all Performers agree to adhere to the ARRIVE Performer’s Code of Conduct. If a Client feels that a Performer has behaved inappropriately and so informs ARRIVE, we may suspend, remove, or otherwise penalize that Performer if we reasonably deem it appropriate to do so.
15. Insurance
15.1 For Bookings where it is necessary or desirable for the Performer to have adequate Public Liability Insurance (PLI), the Client is responsible for communicating this requirement to the Performer well ahead of the Event date.
15.2 Neither ARRIVE, nor its directors, officers, affiliates, subsidiaries, partners, agents, employees or contractors shall be liable for any personal injury or property damage however caused, occurring at or resulting from an ARRIVE Booking.
16. Problems With The Platform
16.1 ARRIVE works to keep The ARRIVE Platform available, but we cannot guarantee that it will be accessible at all times or at any given time.
16.2 Anyone accessing The Platform with older versions of Internet browsers may experience connectivity problems and so for optimal experience it is recommended that you always use the latest version of your browser.
17. Trust And Security
17.1 ARRIVE adheres to the highest standards of security and protection when handling the data of Members.
17.2 ARRIVE never stores sensitive payment method details such as credit card, debit card or bank account numbers. This information is stored by our third-party payment processor, Stripe.
17.3 Any information ARRIVE does store is essential for the Booking process and industry-standard measures are taken to ensure its security.
18. Misc. Booking and Financial Issues
18.1 Members are solely responsible for honoring any confirmed Bookings made through The ARRIVE Platform in full recognition that such Bookings are legally binding contracts for the parties involved. The parties involved are solely the Client and the Performer; ARRIVE is not a party to those contracts. Accordingly, ARRIVE expressly disclaims all liability connected with or arising out of said contracts to the maximum extent permitted by law.
18.2 The Total Amount Payable is displayed to the Client before the Client pays. Where a Client sends a Booking Request to a Performer, the Performer must confirm or reject it within the Booking Request Period; otherwise, the request closes automatically. Nothing is charged for a Booking Request until the Performer has accepted it and the Client pays, so a request that closes costs the Client nothing.
18.3 [Intentionally omitted]
18.4 You agree to pay ARRIVE the Total Amount Payable for any confirmed Booking you make via the ARRIVE Platform by one of the approved payment methods listed thereon, and you further agree that ARRIVE collects the total amount from you in full when you pay for the Booking. ARRIVE Flexible Payment Options (paying over time) is not currently offered. You hereby authorize such charges to your credit card, debit card, or other approved payment method as listed on The ARRIVE Platform. You may be charged fees by your financial institution as a result of these charges, and ARRIVE has no obligation to reimburse you for such fees and accepts no liability for any damage or harm suffered by you as a result.
18.5 Card payments are processed by Stripe, and PayPal payments are processed by PayPal. You acknowledge and agree that you are also subject to the terms of service / user agreement and privacy policy of the provider that processes your payment (Stripe or PayPal) in connection with your authorized payments to ARRIVE, as well as any payment method verification processes carried out by ARRIVE and/or that provider. Please carefully review such terms and conditions / service agreement and privacy policy before attempting any transaction. ARRIVE accepts no liability for any loss or harm suffered by you as a result of your relationship with Stripe or PayPal or your use of their services.
18.6 Once your Booking is confirmed, you will receive an email from ARRIVE summarizing your transaction.
19. Support
Support is available Monday through Friday, 9AM to 6PM Pacific Time. Support requests are answered in the order they are received.You can reach us from our Contact Us page, or by email at: support@arrivebooking.com