Terms of Service

1. What BandMenu is

BandMenu is a marketplace where live acts (bands, duos, solo artists and DJs) list a menu of performances with prices, and venues and private hosts find and book them. It also publishes a public calendar of live music by market, with gigs posted by venues and acts.

We provide the listings, the search, the messaging, the booking tools, a written performance agreement for each booking and the payment service behind it. We are not a booking agent, a promoter or an employer. When a host books an act, the agreement to perform is between the host and the act; we are not a party to it (section 6).

2. Accounts and who can use BandMenu

• You must be at least 18 years old to use BandMenu. We do not knowingly keep accounts for anyone younger.
• You sign in with an email address, using a link or a code we email you. Keep that email account secure: anyone who can read it can get into your BandMenu account. Tell us at once if you think someone else has used it.
• You are responsible for what is done with your account. If you use BandMenu for a band, a venue or a company, you confirm you are allowed to act for it.
• Give us accurate information and keep it current, including the private booking contact for your act.
• One person, one account. We may close duplicate accounts and accounts that break these terms.

3. Listing an act

In short: Listing is free. You set your own prices and terms. Keep ways of contacting you off your public page; bookings come to you through BandMenu.

• Your listing must be truthful: the act exists, you are entitled to represent it, the photo and the music are yours to use, and the menu prices and terms are the ones you will honour.
• You set every price (in US dollars), your deposit percentage, when the balance is due, whether you accept cash for the balance, and your cancellation terms, and you may change them at any time for future bookings. A booking keeps the terms that applied when it was made.
• We review each new act, and some edits to a live one, before it goes live. We may ask for changes, decline a listing, or hide or remove one that breaks these terms, is inaccurate, or is likely to mislead or harm people. We aim to tell you why.
• No contact details or outside links in your public text: no phone numbers, email addresses, web addresses or social handles in your name, bio, tagline, menu or notes. The only links allowed are YouTube and Spotify, which play on your page. This rule is what keeps listing free and bookings protected, and it is enforced automatically when you save.
• Your private booking contact (name, email, phone if you like) is required and is never shown publicly. We use it to pass you inquiries and booking requests, and we share it with a host only after that host has paid a deposit for a booking with you.
• You may share your BandMenu page anywhere you like, and we provide a share kit for it.

4. Hosts, venues and the calendar

• Hosts: give accurate event details (date, times, place, guest numbers, what you need). You are responsible for your event: the venue, its permits and licences, noise rules, alcohol law, and the conduct of your guests. The performance agreement for each booking spells this out.
• Venues: a venue page is business information and is public (name, address, phone, website, hours, socials). A venue may be added by its owner or manager, or added by us and then claimed; we check claims before approving them. Only genuine members of the business may claim or manage a venue.
• The calendar: venue members and act owners may post upcoming gigs. Post only real, scheduled shows, keep them current, and cancel ones that will not happen. We may hide or remove any listing, and we do not guarantee that the calendar is complete or correct.
• Inquiries: anyone may send an act an inquiry from its page without an account. The act sees your first name, the event details and your message with contact details hidden; replies come through BandMenu.

5. How a booking works

A host sends a booking request for a menu item, with any add-ons, a date, times and a place. The act may accept it as asked, decline it, or send a quote with different prices, which the host may accept or decline. A request or a quote that gets no answer within 7 days expires. Once both sides have agreed, BandMenu prepares the performance agreement from what was agreed; both sides sign it electronically on BandMenu; the host then pays the deposit, and the booking is confirmed.

• Until the deposit is paid, nothing is binding and the act may accept other bookings for that date.
• Until the deposit is paid, each side knows the other by first name or act name only, and anything that looks like a phone number, an email address, a web address or a handle is hidden from messages. After the deposit, the host receives the act's booking contact, and the act receives the host's full name and sign-in email. The host's phone number is for BandMenu's use and is never shown to the act.
• Messages between host and act stay on BandMenu with the booking. BandMenu staff can read them to run the service, keep people safe and resolve disputes.
• The price, date, times and cancellation terms cannot change once the agreement is signed; a different date is a new booking.
• After the event, the host confirms the performance happened, or it is confirmed automatically 48 hours after the agreed end time, once the balance has been paid. Either side may cancel a confirmed booking from the booking page; what is refunded is in section 7.
• We may pause a booking that is disputed, and hold its refunds or payouts, while we look into it.

6. The performance agreement

Every booking has a written performance agreement, generated from the booking and shown on its contract page before anyone signs. It covers the performance, the money, the payment schedule, cancellation, each side's responsibilities, weather and emergencies, recording, changes, booking through BandMenu, disputes and electronic signing. Read it before you sign it; it is the agreement between the host and the act.

BandMenu prepares that document and keeps a record of it, but is not a party to it, does not guarantee that either side will perform, and does not decide legal rights between them. The agreement names its own limits on BandMenu's liability, which match section 13 here.

By clicking “I agree. Sign the contract” you sign electronically. We record the time, your network address and your browser as evidence of signing, and we keep the signed document's SHA-256 fingerprint so that neither side can alter it afterwards. You agree that this counts as your signature.

7. Fees, payments, payouts and refunds

In short: Acts pay nothing. Hosts pay the act's price plus a small BandMenu service fee, shown before any request is sent. Stripe handles the money.

• The service fee: a percentage of the act's price, set per market and shown on the act's page and on every booking before you commit. It is charged to the host together with the deposit. The percentage that applied when a booking was made stays with that booking.
• Fee waiver: after a number of completed bookings between the same host and the same act (three at launch, counting bookings above a small minimum), we charge no service fee on their further bookings with each other.
• The deposit is the act's deposit percentage of the act's price plus the service fee, charged to the host's card once both sides have signed. The balance is charged to the same card a set number of days before the event, chosen by the act, or, if the act allows it, paid in cash to the act at the event. If a card charge fails we try again and email the host.
• Payments are processed by Stripe. We never see or store card numbers. Acts are paid through a Stripe account they set up with us (Stripe Connect Express); Stripe verifies identity and bank details and its own terms apply to that account, including the Stripe Connected Account Agreement. Stripe may issue tax forms (such as a 1099-K) to acts.
• Payouts: after a booking is completed, we send the act what we collected for it (its deposit share and the card balance; a cash balance never passes through us), scheduled for the next business day and then subject to Stripe's own payout timing and to the act's account being ready. The service fee is ours.
• Refunds when the host cancels follow the cancellation terms snapshotted into that booking's agreement: the percentage applies to what the host has paid the act so far; the act keeps the rest; the service fee is not refunded. Refunds when the act cancels, does not turn up or cannot perform are in full, service fee included. Refunds go back to the card that paid.
• You are responsible for your own taxes. Prices are set by acts and do not include any tax that may apply.
• If a card payment is reversed by the cardholder's bank (a chargeback) after an act has been paid, the act agrees that we may recover that amount from its future payouts, after telling it.

8. Booking through BandMenu

The service fee pays for the marketplace, the agreement, the payment protection and the support behind every booking. So, for 12 months after a host and an act first meet on BandMenu, both agree not to arrange a performance with each other outside BandMenu in order to avoid the fee. Booking through BandMenu is always allowed, and never costs the act anything; after the fee waiver in section 7 it costs the host nothing either.

Contact details exchanged for a booking are for carrying out that booking. If you book around BandMenu to avoid the fee, you agree to pay us the service fee that would have applied, and we may close your account. We would much rather earn the fee than enforce this; talk to us if something about the fee does not work for you.

9. What you must not do

• Post anything false, misleading, infringing, defamatory, obscene, hateful or illegal, or use a photo, recording or name you have no right to use.
• Impersonate anyone, list an act or claim a venue you do not represent, or create accounts for others.
• Put contact details or outside links in public act text, or use messages or inquiries to move a booking off BandMenu to avoid the fee.
• Harass, threaten or discriminate against anyone, or behave unsafely at an event.
• Send spam, scrape the site, probe or overload our systems, bypass the human check or any limit, or attempt to access data that is not yours.
• Use BandMenu for anything other than finding, listing and booking live music and publishing live-music listings.

10. Suspension, removal and leaving

We may hide or remove a listing, limit or suspend an account, or refuse a booking at any time if we reasonably believe these terms have been broken, if the law requires it, or to protect people or BandMenu. We try to warn first and to explain, except where that would be unsafe or unlawful.

You may stop using BandMenu at any time and may ask us to delete your account at support@bandmenu.com. Bookings that have money on them keep their records: an account with bookings cannot be deleted outright, so instead we remove or anonymise the personal information we are not required to keep (see the Privacy Policy). Confirmed bookings are honoured or cancelled under their own agreement, whichever side leaves.

11. Your content and ours

• You own what you post: your photos, text, menus and listings. You give us a non-exclusive, royalty-free, worldwide licence to host, store, copy, resize and crop, display and distribute that content on BandMenu, in its feeds and share cards, and in BandMenu's own promotion of the acts and venues listed on it, for as long as the content is on BandMenu and for a reasonable time afterwards in caches and backups. We never sell your content or license it to others.
• You confirm you have every right needed to grant that licence, including from the photographer and anyone pictured.
• The BandMenu name, logo, design and software are ours. You may link to any public page and use our share kit as provided; you may not copy the site, use our brand to suggest we endorse you, or build a competing listing from our data.
• If you believe content on BandMenu infringes your copyright, email support@bandmenu.com with the page address, what is infringed, and how to reach you; we will look into it promptly.

12. What we do not promise

BandMenu is provided as it is and as available. We review listings but do not vet, supervise, insure or guarantee any act, host, venue or event, and we do not check backgrounds or identity beyond what Stripe requires for payouts. We do not promise that an act will be available, that a host will book, that the calendar is complete, that the site is free of errors or interruptions, or that any particular result will follow from using it. Third-party services (Stripe, YouTube, Spotify) have their own terms. To the extent the law allows, we disclaim all warranties that are not stated in these terms.

13. Limits on our liability

To the extent the law allows: we are not liable to you for indirect, incidental, special or consequential losses, or for lost profits, lost bookings or the cost of a failed event; and our total liability to you for anything connected with BandMenu, in any 12-month period, is limited to the service fees you paid us in that period, or $100 if that is more. For a particular booking, the performance agreement limits our liability to the service fee we received for it.

None of this limits liability for death or personal injury caused by our negligence, for fraud or wilful misconduct, or for anything the law does not allow to be limited. Some states do not allow some of these limits, in which case they apply only as far as that state's law permits.

14. Your responsibility to us

If someone brings a claim against us because of content you posted, an event you hosted or a performance you gave, or because you broke these terms or the law, you agree to cover our reasonable costs and losses from that claim, including reasonable legal fees, provided we tell you about it promptly and let you take part in the defence. This does not apply to the extent the claim was caused by us.

15. Changes to BandMenu and to these terms

BandMenu will change: we add and remove features, and we may change fees for future bookings. We may also change these terms. For a change that matters, we will email account holders or post a notice on the site at least 14 days before it takes effect; using BandMenu after that date means you accept the change. A performance agreement already signed keeps the terms it was signed with. If you do not agree with a change, stop using BandMenu and, if you like, ask us to delete your account.

16. Governing law and disputes

If you have a problem, tell us first at support@bandmenu.com; most things are solved by a conversation. These terms are governed by the laws of the State of Florida, without regard to its conflict-of-law rules. Any claim between you and us that we cannot resolve together is brought in the state courts located in Brevard County, Florida, or in the federal court for that district, and you and we each agree to that venue; you may use small claims court where it applies. We do not ask you to give up class actions or to arbitrate.

17. The small print

• These terms, the Privacy Policy and, for each booking, its performance agreement are the whole agreement between you and us about BandMenu.
• If a court finds part of these terms unenforceable, the rest still applies. If we do not insist on a term once, we can still insist on it later.
• You may not transfer your account or these terms to anyone else. We may transfer them to a successor that takes over BandMenu, and will tell you if we do.
• Sections 6, 7, 8, 11, 13, 14 and 16 continue to apply after your account closes.
• Nothing here creates a partnership, employment, agency or joint venture between you and us.

18. Contact

Hospitappity LLC, which operates BandMenu. Email support@bandmenu.com.