Last updated April 20th, 2023
Please read these terms and conditions (“Agreement”, “General Terms and Conditions of Use”, or “G–TOS”) carefully before using the website, mobile application and services offered by Arrive.Live (“Arrive”). This Agreement sets out the legally binding terms and conditions for your use of the website at www.arrive.live (“the Site”), our mobile application and all services provided by Arrive.
1. General Usage
1.1 By using the Site or our mobile application (collectively known as “The Arrive Platform”, “The Platform” or “Our Platform”) in any manner whatsoever, including but not limited to visiting or browsing The Platform, you agree to be bound by this Agreement, including those additional terms and conditions and policies referred to herein and/or available by hyperlink. This Agreement applies to all users of The Platform, including without limitation those who are Members, Clients, and/or Performers (as each of these words are defined below). Failure to abide by these Terms and Conditions of Use may subject you to civil and criminal penalties as well as to loss of access to The Platform or its services in whole or in part.
1.2 If you use Our Platform or services on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity to this Agreement. In such a case, “you” and “your” will refer and apply to that company or other legal entity as well as to you personally.
1.3 Certain areas of Our Platform (and your access to or use of certain aspects of our services or Collective Content thereon) may have additional or superceding terms and conditions posted, or may require you to agree with and accept additional or superceding terms and conditions. If there is a conflict between these general Terms and Conditions of Use and the additional or superceding terms and conditions posted for a specific area of Our Platform, services, or Collective Content, the latter terms and conditions will take precedence with respect to your access to or use of that specific part of Our Platform, services, or Collective Content.
If you have any questions, please refer to the help section of the Site.
2. What Is ARRIVE and How Does It Work?
2.1 Arrive provides an online platform that connects professional and amateur musicians, singers, disc-jockeys, comedians, skit actors, speakers, magicians, dancers, entertainers and performing artists generally with Clients requiring music or other kinds of performing art for live events, recording or other purposes.
2.2 You may view Performer profiles as an unregistered visitor to Our Platform. However, if you wish to book a Performer or create a Performer profile, you must first register and create an Arrive account.
2.3 Performers may post a profile on The Arrive Platform which outlines their skill set and advertises the performance they are able to deliver through an Arrive Booking. These profiles are made available to users and Clients via The Platform. Upon reviewing the available profiles, Clients may send a Booking Request for their Event to a Performer through The Arrive Platform. If the Performer accepts the Booking Request, a legally binding contract between the Client and the Performer is thereby formed.
2.4 YOU UNDERSTAND AND AGREE THAT ARRIVE IS NOT A PARTY TO ANY AGREEMENTS BETWEEN PERFORMERS AND CLIENTS, NOR IS ARRIVE A MUSIC AGENT OR INSURER. ARRIVE HAS NO CONTROL OVER THE CONDUCT OF PERFORMERS, CLIENTS OR OTHER USERS OF THE SITE, OR MOBILE APPLICATION AND EXPRESSLY DISCLAIMS ALL LIABILITY INVOLVING SUCH MATTERS TO THE MAXIMUM EXTENT PERMITTED BY LAW.
2.5 Arrive cannot guarantee and does not warrant the identity, age, or nationality of any user or the accuracy of any information on a user’s profile published on The Arrive Platform. Accordingly, all users are encouraged to perform their own due diligence in order to verify essential information prior to finalizing a Booking. Making good use of the direct communication tools available on The Arrive Platform can be an important part of your required due diligence.
2.6 By accepting a Booking Request and forming a contract with a Client, a Performer acknowledges that he/she/they is/are solely responsible for ensuring that all legal requirements and responsibilities connected with the booked performance are or will be satisfied. Arrive will not be held responsible by either party if Performers are prohibited from entering or working in the country where an Event is physically located. Arrive recommends that both Performer and Client carry out such timely checks as may be necessary to ensure that the fulfillment of a Booking will not be in breach of any applicable law.
2.7 You agree that Arrive is a marketplace and as such it is not responsible or liable for any Content posted to The Platform by Members or third-parties, including but not limited to data, text, information, usernames, graphics, images, photographs, profiles, audio or video files, and links.
2.8 Arrive is not an owner, operator or provider of performing art services and Arrive does not own, manage and/or control Performers or the intellectual property owned or used by Performers. Unless explicitly specified otherwise in this or a superceding Agreement, Arrive’s responsibilities are limited to: (i) facilitating the availability of The Platform and its services; and, (ii) in some cases, serving as the limited payment collection agent for a Performer.
You accept that use of The Arrive Platform is solely at your own risk.
3. Definitions and Pronoun Usage
“Arrive Content” means all Content that Arrive makes available through The Platform and its services, including any Content licensed from a third-party, but excluding Member Content.
“Booking” (when capitalized and used as a noun) refers to a job, gig or contracted performance arranged through Our Platform. Synonymous with “Event”.
“Booking Request”means a job or gig offer sent by a Client to a Performer via The Platform.
“Booking Request Period” means the allowed time period (as determined by Arrive) starting from when a Booking Request is sent by a Client, and within which a Performer may decide to confirm or reject said Booking Request. If the Performer does neither within the Booking Request Period, this inaction is deemed to be a rejection of the Booking Request. Different Booking Request Periods may apply in different places, but will always be set and published by Arrive.
“Collective Content” means Member Content and Arrive Content.
“Content” means text, graphics, images, music, software (excluding the mobile application), audio or video files, information and other such materials.
“Client” means an Arrive Member who requests a Booking from a Performer via The Arrive Platform.
“Member” means a user who completes Arrive’s account registration process, including but not limited to Performers and Clients.
“Member Content” means all Content that a Member posts, uploads, publishes, submits, transmits, or includes in his/her/their Member profile or otherwise to be made available through The Platform.
“Performer” means a Member who creates an Arrive profile via The Platform and thereby offers to play music, act, dance, sing, disc-jockey, speak, do magic tricks, tell jokes, entertain or otherwise demonstrate performing artistry of a similar kind at a time and place to be agreed upon with the Client.
“The Platform”, “Our Platform” or “The Arrive Platform” refers to the SIte and our Arrive mobile application collectively.
“Tax” or “Taxes” (whether capitalized or not) include any form of sales tax that service providers may be required by law to collect and remit to governmental agencies. Where it makes sense contextually these words may also be deemed to include income taxes.
“You” (whether capitalized or not) refers to the reader and/or a user of The Platform.
“We”, “Us”, and “Our” (whether capitalized or not) refer to Arrive.
Inclusive Pronouns Policy: Throughout this or any superceding Agreement, the use of gendered pronouns and their grammatically correct derivatives shall be deemed to include or be replaced by whatever more inclusive pronouns and corresponding derivatives may be applicable to or preferred by the reader. In all such cases, the reader agrees and accepts that the meaning and enforceability of the provision, term, condition or text to which this modification is applied or deemed to apply shall be equivalent and have the same legal effect as if the actually used pronouns and/or derivatives were the more applicable or preferred ones.
Arrive reserves the right to modify The Platform and its services, its fees, and these or any superceding Terms and Conditions of Use at any time and without prior notice. If we modify any Terms and Conditions of Use, we will post the modification on The Platform or otherwise provide you with notice of the modification. We will also update the “Last Updated Date” at the top of the new Terms and Conditions of Use. By continuing to access or use Our Platform or services after we have so posted a modification or otherwise provided you with notice of it, you agree to be bound by the modified Terms and Conditions of Use and accept that all previous versions are thereby superceded. In the event that the most recently adopted Terms and Conditions of Use are not acceptable to you, you must cease using The Platform and its services immediately.
5. License To Use The Platform
5.1 You may view, download, cache or print pages from the Site using a web browser, subject to the other provisions of this Agreement. You may play or stream audio or video files from the Site or make use of our services by means of a web browser subject to the other provisions of this Agreement. You may also use the Arrive mobile application to do any of the aforementioned.
5.2 Badge use: If a Performer wishes to use the “Find me on Arrive” badge to advertise and promote his/her/their listing on Arrive, they are free to do so. Details can be found on the Arrive Help Centre.
5.3 Except as expressly permitted, you must NOT download any material from The Platform, or save any such material to your computer or other electronic device (including storage devices).
5.4 You may only use The Platform for your own personal or business purpose(s), and you must NOT use the SIte or mobile application for any other purpose(s).
5.5 Except as expressly permitted, you must NOT edit or otherwise modify any material on The Platform.
5.6 Unless you own or control the relevant rights in the material, you must NOT: (i) republish material from The Platform; (ii) sell, rent or sub-license material from The Platform; (iii) show any material from The Platform in public; (iv) exploit material from The Platform for a commercial purpose; or, (v) redistribute material from The Platform. Notwithstanding this, you may freely redistribute our newsletter in print or electronic form to any person or other legal entity.
5.7 We reserve the right to restrict access in whole or in part to Our Platform, at our sole discretion. You must not circumvent or bypass, or attempt to circumvent or bypass, any access restriction measures we have so applied to Our Platform.
6. Acceptable Use
6.1 You must NOT: (i) use The Platform in any way or take any action that causes, or may cause, damage to The Platform or impairment of the performance, availability or accessibility of The Platform; (ii) use The Platform in any way that is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity; (iii) use The Platform to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious software; (iv) conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to Our Platform without our prior and express written consent; (v) access or otherwise interact with Our Platform using any robot, spider or other automated means; (vi) violate the directives set out in the robots.txt file for the Site; or, (vii) use data collected from the SIte for any direct marketing activity (including without limitation electronic marketing, telemarketing and direct mailing).
6.2 You must not use data or information collected from Our Platform to contact individuals, companies or other legal entities except through the messaging service provided by Our Platform. You must ensure that all the information you supply to us through or in relation to Our Platform, is true, accurate, current and non-misleading.
7. Membership Eligibility and Conditions
7.1 Legal Capacity: Arrive’s services are available only to, and may only be used by, individuals who can form legally binding contracts under applicable law. You represent and warrant that all registration information you submit is accurate and truthful. Arrive may, in its sole discretion, refuse to offer access or use of The Platform to any person or entity and may change its eligibility criteria for this at any time without notice to you. This provision is void where prohibited by law and the right to access The Platform is revoked in such jurisdictions.
7.2 Compliance: You agree to comply with all applicable laws regarding online conduct and acceptable content. You are responsible for all taxes payable as a result of your activity on The Arrive Platform. In addition, you agree to abide by Arrive’s policies as stated in this and any superceding Agreement, along with other operative rules, policies and procedures that may be published or updated by Arrive on The Platform at any time.
7.3 Password: Keep your password secure. You are fully responsible for all activity, liability and damage resulting from your failure to maintain password confidentiality. You agree to immediately notify Arrive of any unauthorized use of your password or any breach of security related to your account. You also agree that Arrive cannot and will not be liable for any loss or damage arising from your failure to keep your password secure. You agree not to provide your username and/or password information to any party other than Arrive without Arrive’s prior and express written permission.
7.4 Account Information: You must keep your account information up-to-date and accurate at all times, including current email, street and postal addresses.
7.5 Account Transfer: You may NOT sell, rent, lease, gift, loan or otherwise transfer your Arrive account and/or User ID to another party. If you are registering as a business entity, then you (the individual filing the registration) personally represent, guarantee and warrant that you have the authority to bind the business entity to this Agreement and do so by completing the registration process.
7.6 Account Ownership: Arrive Members may only hold and operate one active account at any time and the account must only be operated by the named account holder. If a secondary account is required then the Member must request prior written permission from Arrive. Arrive reserves the right to reject any such request and may, at its sole discretion, terminate additional accounts or accounts being operated by a person other than the named account holder without prior warning.
7.7 Feedback: Arrive takes feedback integrity seriously. Members may offer small incentives for general feedback, however manipulation and/or bribery is not tolerated. This includes feedback from a related account and offering incentives/bribes in return for specific feedback. Arrive reserves the right to remove any feedback which it suspects has been posted as a result of such manipulation and may close any account associated with such activity..
7.8 Right To Refuse Service: Arrive reserves the right to refuse service to anyone at any time. Arrive’s services are not available to temporarily or indefinitely suspended Arrive members. Arrive reserves the right, in its sole discretion, to cancel unconfirmed or inactive accounts without notice or liability.
7.9 Arrive reserves the right to suspend or remove without notice the account of any Member engaging in abusive behavior directed towards any other person or legal entity.
7.10 You may register and become a Member directly on The Platform or by logging into your account with certain third-party social networking sites (“SNS”). You may link your Arrive account with a third-party SNS by either: (i) providing your third-party SNS login information to Arrive through Our Platform; or, (ii) allowing Arrive to access your third-party SNS under the applicable terms and conditions that govern your use of the said third-party SNSt . You represent and warrant that you are entitled to disclose your third-party SNS login information to Arrive and/or grant Arrive access to it without breach of any of the terms and conditions that govern your use of said third-party SNS and without obligating Arrive to pay any fees or making Arrive subject to any usage limitations imposed by said third-party service providers. By granting Arrive access to any third-party SNS, you understand that Arrive will access, make available and store (if applicable) any Content that you have provided to and stored in your third-party SNS account (“SNS Content”) so that it is available on and through Our Platform via your Arrive Account and Arrive Account profile page. Unless otherwise specified in these Terms, all SNS Content, if any, will be considered to be Member Content for all purposes of this or any superceding Agreement. Depending on the third-party SNS and subject to your privacy settings thereon, personally identifiable information that you post, will post, or have posted to the third-party SNS will be available on and through your Arrive Account on Our Platform.
7.11 If a third-party SNS or associated service becomes unavailable or Arrive’s access to it is terminated for any reason, then SNS Content will no longer be available on and through Our Platform. You have the ability to disable the connection between your Arrive Account and your third-party SNS, at any time by accessing the “Settings” section of Our Platform. YOUR RELATIONSHIP WITH THE THIRD-PARTY SERVICE PROVIDERS IS GOVERNED SOLELY BY YOUR AGREEMENT(S) WITH SUCH THIRD-PARTY SERVICE PROVIDERS. Arrive does not review, approve or endorse SNS Content for any purpose, and therefore expressly disclaims any responsibility for any and all SNS Content.
7.12 Your Arrive account and your Arrive account profile page will be created for your use of The Platform based upon the personal information you provide to us or that we obtain via a third-party SNS as described above.
8. Fees and Services
8.1 Arrive charges a percentage of the performance fee when a Performer is booked for an Event via Our Platform. This fee applies to any Event booked through The Platform in whole or in part, for which a Performer receives or is owed remuneration, regardless of how or where negotiation and agreement between the parties took place.
8.2 Arrive’s Fees And Services are subject to change. Increases to fees for Arrive’s services are effective immediately after Arrive posts the updated fees to The Platform. However, temporary changes to fees and services for promotional purposes are effective when Arrive posts notice of the temporary promotion on Our Platform. Arrive may decrease its fees without notice.
8.3 Arrive may, at its sole discretion, change some or all of its services at any time. If Arrive introduces a new service, the fees for that service are effective at the launch of the new service. Unless otherwise stated, all fees are quoted in US Dollars.
8.4 Client accounts must be kept up-to-date such that all fees are paid by their due date or the account may be suspended until all outstanding fees are paid in full. Any Member account can be closed or downgraded at any time.
8.6 Fees Upon Termination: If Arrive terminates your account, if you close your account, or if the payment of your Arrive fees are not completed for any reason, then you still remain obligated to pay Arrive for any unpaid balance, including applicable penalties. If a Client’s account is not paid in full when due, then the Client risks suspension of privileges, termination of his/her Arrive account and/or legal action. If you have a question or wish to dispute a charge, please contact Arrive as soon as possible.
8.7 Where applicable, taxes will also be charged on fees. This will always be reflected in the Total Amount Due and accounted for as a separate line item on the invoice.
8.8 Arrive may impose or deduct foreign currency processing costs on or from any payments or payouts by Arrive in currencies other than US Dollars. More information on any such costs or deductions will be posted on The Platform. More information on service fees can be found at our Help Center. Except as otherwise provided herein, service fees and associated taxes are non-refundable.
9. Rounding Off
Arrive may, in its sole discretion, round up or down amounts that are payable from or to Clients or Performers to the nearest whole functional base unit in which the currency is denominated (e.g. to the nearest dollar, euro or other supported currency). Therefore, Arrive may round $101.50 up to $102.00 and may round $101.49 down to $101.00.
10. Payment Processing Errors
We will rectify any payment processing errors as soon as possible after we become aware of them. This will most likely be done by crediting or debiting (as appropriate) the same account or payment method used for the original payment or payout, such that you end up paying or receiving the correct amount.
11. Gigs and Bookings
11.1 As a Client, you understand and agree that once a Performer confirms your Booking Request, you may not ask the Performer to accept a lower fee than what was stated in the Booking Request.
11.2 You acknowledge and agree that you alone are responsible for any and all Member Content you post. Accordingly, you represent and warrant that any Member Content you post (and any Event at which you perform): (i) will not breach any agreement you have with a third-party (such as a music agency); and (ii) will (a) be in compliance with all applicable laws, rules, regulations and legal requirements (such as having all required permits, licenses and registrations and paying or being prepared to pay all applicable taxes and fees); and (b) not conflict with the rights of any third-party. Arrive assumes no responsibility for any Member’s legal duties to third-parties, nor said Member’s adherence to applicable laws, rules, regulations or other legal requirements. Arrive reserves the right, at any time and without prior notice, to remove or disable access to or from any Member for any reason. This may happen if Arrive, in its sole discretion, considers the Member Content or performance (if applicable) to be unacceptable for any reason, including violation of this or any superceding Agreement, any of Arrive’s policies or guidelines, or if it is otherwise deemed harmful to the Platform.
11.3 If you are a Performer, you understand and agree that Arrive does not act as your insurer or contracting agent. Any agreement you enter into with a Client is between you and the Client only and Arrive is not a party to it. Notwithstanding the foregoing, Arrive may serve as the limited payment collection agent of the Performer by collecting payments from Clients in accordance with the terms of the contract formed between said Performer and Client using the services of Our Platform. The payments so collected will include (when applicable) expenses, other fees and/or taxes.
11.4 Arrive recommends that Performers obtain appropriate insurance for their work and equipment. Please review any insurance policy that you may have carefully, and in particular make sure that you are familiar with and understand any exclusions and deductibles that may apply, including but not limited to coverage related to the actions or omissions of Clients (and individuals the Client invites or permits to attend the Event.
12. No Endorsement
12.1 Arrive does not endorse any Member or Performer. Members are required by this Agreement to provide accurate information to Arrive and other Members, particularly information critical to Booking negotiations. Nevertheless, and notwithstanding that Arrive may undertake additional checks and processes designed to help verify or check the identities or backgrounds of Members, we do not make any representations or warranties of any kind concerning such matters.
12.2 Any references on Our Platform to a Member being “verified” or “connected” (or similar language) only indicate that the Member has completed a relevant verification process, and does not represent anything else. Any such description is not an endorsement, certification or guarantee by Arrive about any Member, including of the Member’s identity and whether the Member is trustworthy, safe or suitable. Instead, any such description is intended to be useful information for you to evaluate when you make your own decisions about the identity and suitability of others with whom you communicate or interact via Our Platform. We therefore recommend that you always exercise due diligence and care when deciding whether to book a Performer or to accept a Booking Request from a Client, or to have any interaction with others. We are not responsible for any damage or harm resulting from interactions between users, Members or third-parties however it may be caused.
12.3 By using Our Platform, you agree that any legal remedy or liability that you seek to obtain for actions or omissions of other users, Members or third-parties will be limited to a claim against the particular users, Members or third-parties who caused you harm. You agree not to attempt to impose liability on or seek any legal remedy from Arrive with respect to such actions or omissions.
13. Fee Avoidance
The price stated in each confirmed Booking must be an accurate representation of the sale. Members may not at any time alter prices to avoid Arrive service fees. Similarly, you may not at any time misrepresent the Event’s location, or use another user’s account without permission. Performers may not encourage Clients to purchase services listed on Arrive outside of The Platform (such as directly through their own website), nor falsely state or adjust expenses on the Booking in order to lower or avoid Arrive’s service fee.
14. Your Member Content
14.1 You warrant and represent that your Member Content will comply with these terms and conditions. Said content must not be illegal or unlawful, must not infringe the legal rights of any person or other legal entity, and must not be the subject of legal action in any jurisdiction. Your Member Content, and our use of it in accordance with this or any superceding Agreement, must not: (i) be libelous or maliciously false; (ii) be obscene or indecent; (iii) infringe any copyright, moral right, database right, trademark right, design right, right in passing off, or other intellectual property right; (iv) infringe any right of confidence, privacy or data protection; (v) constitute negligent advice or contain any negligent statement; (vi) constitute an incitement to commit a crime, instructions for the commission of a crime or the promotion of criminal activity; (vii) be in contempt of any court, or in breach of any court order; (viii) be in breach of applicable racial or religious hatred or non-discrimination legislation; (ix) be in breach of official secrets legislation; (x) be in breach of any contractual obligation owed to any person or other legal entity; (xi) depict violence in an explicit, graphic or gratuitous manner; (xii) be pornographic or sexually explicit; (xiii) be untrue, false, inaccurate or misleading; (xiv) consist of or contain any instructions, advice or other information which may be acted upon and could, if acted upon, cause illness, injury or death, or any other loss or damage; (xv) constitute spam; or, (xvi) be offensive, deceptive, fraudulent, threatening, abusive, harassing, anti-social, menacing, hateful, discriminatory or inflammatory. You agree that Arrive may legitimately deem this section violated based upon its reasonable and honestly held, though subjective judgment.
14.2 Your Member Content must not contain or transmit any code of a destructive nature that may damage, interfere with, intercept or expropriate any system, data or personal information.
14.3 Your Member Content must not modify, adapt or hack The Arrive Platform or modify another website so as to falsely imply that it is associated with Arrive. Further, you must not list any services on Arrive (or conclude any transaction that was initiated using Our Platform) that, because of any fee paid to or payment collected by Arrive, could make Arrive party to the violation of a law, regulation or ordinance in any involved jurisdiction.
14.4 You are solely responsible for your conduct and activities on The Arrive Platform and any and all data, text, information, usernames, graphics, images, photographs, profiles, audio files, video files, items, and links that you submit, post, and display on Our Platform.
15. Breaches of This Agreement and Remedies
15.1 Without prejudice to our other rights and remedies, if you breach this Agreement in any way, or if we suspect that you have breached it in any way, we may without notice and without refunding any fees: (i) send you one or more formal warnings; (ii) temporarily suspend your access to Our Platform in whole or in part; (iii) permanently prohibit you from accessing Our Platform; (iv) block your IP address from accessing Our Platform; (v) contact any or all of your Internet service providers and request that they block your access to Our Platform; (vi) commence legal action against you; and/or (vii) suspend or delete your account on Our Platform.
15.3 If we suspend, prohibit or block your access to Our Platform in whole or in part, you must not take any action to circumvent or attempt to circumvent such suspension, prohibition or blocking (including without limitation, creating and/or using a different account).
16. Our Use of Member Content and Material
16.2 By uploading Member Content to Arrive, you agree and warrant that you own and/or have the right to use such Member Content in this manner and that it does not infringe any third-party’s intellectual property rights. If Arrive receives a complaint regarding any of your Member Content, it shall be your sole responsibility to deal with said complaint immediately and to compensate Arrive for any loss suffered. Arrive reserves the right to remove any such Member Content without notice or liability to you.
16.3 Reposting Member Content: You acknowledge that by posting Member Content on Our Platform, it is possible for an outside website or a third-party to repost that Member Content. You agree to hold Arrive harmless concerning any such eventuality.
16.4 Idea Submissions: Arrive considers any suggestions, ideas, proposals or other material (excluding Member Content) submitted to it by users (collectively, “Material”) to be non-confidential and non-proprietary, and Arrive shall not be liable for the disclosure or use of such Material. If, at Arrive’s request, any Member sends Material to improve The Platform (for example to customer support), Arrive will also consider that Material to be non-confidential and non-proprietary and Arrive will not be liable for its use or disclosure. Any communication by you to Arrive is subject to this Agreement. You hereby grant to Arrive a worldwide, non-exclusive, perpetual, irrevocable, royalty-free, fully-paid, sublicensable and transferable right and license to incorporate, use, publish and exploit such Material for any purpose whatsoever, commercial or otherwise, including but not limited to incorporating it into the systems or documentation of any product or service, without compensation, accounting, notice or liability to you.
17. Interaction With Others and Private Messaging
17.1 Users are solely responsible for their interactions with others. Users understand that Arrive does not in any way screen its users. All users agree to exercise caution and good judgment at all times when interacting with others, particularly if meeting offline or in person. Users engaging in any such activity do so strictly at their own risk.
17.3 You must NOT use Messages to send unsolicited advertising, promotions, or spam. You must not pass on other users’ email addresses or similarly sensitive personal information of others to any third-party. Spamming other Members in order to ask them to follow your profile or similar behavior will not be tolerated.
17.4 Use common sense and caution when giving out your personal information to others via Messages. For example, do not send someone your credit card details.
17.5 You must NOT use Messages to knowingly harass, threaten, blackmail or abuse another Member. If someone asks or tells you not to contact him/her, you must not use Messages to contact that Member again unless you are involved in an open transaction with him/her, and then only for the purpose of concluding the transaction.
17.6 You must NOT use Messages to interfere with a transaction or potential transaction. This means: (i) you must NOT contact another Member to buy or sell a service listed on Arrive outside of The Arrive Platform; and, (ii) you must NOT communicate with a Member involved in a pending or contemplated transaction for the purpose of discouraging said pending or contemplated transaction.
17.7 As an anti-spam measure, sending too many messages too quickly may auto-disable your account. Contact Arrive Support (see below) to have your account activity reviewed and your account reactivated if it is spam-free.
18. Information Control and Risks
18.1 Arrive does not control the Content provided by users that is made available on Our Platform. You accept that you may find some Content to be offensive, harmful, inaccurate, or deceptive. There are also risks related to dealing with possbly underaged individuals, people using false identities and/or acting under false pretenses, as well as risks inherent with international trade. By using Arrive, you accept such risks and take full responsibility for absorbing any and all forms of injury, loss or harm that may result.
18.2 Other Resources: Arrive is not responsible for the availability of outside websites, services or other resources linked to or referenced on Our Platform. Arrive does not endorse and is not responsible or liable for any content, advertising, products or other materials on or available from such websites, services or resources. You agree that Arrive shall not be responsible or liable, directly or indirectly, for any damage, harm or loss caused by or in connection with the use of or reliance upon any such content, including goods or services available on or through said websites, services or resources or via pop-ups which may appear on your computer or other electronic device when using Our Platform.
19. Resolution of Disputes
19.1 If you have any question, issue or concern relating to Arrive, Our Platform or its services, please contact Arrive as soon as possible and we will attempt to resolve the situation without escalation to more formal and costly dispute resolution procedures.
19.2 Any dispute arising from or related to the subject matter of this Agreement that cannot be resolved informally shall be subject to the exclusive jurisdiction of courts of law and equity located in British Columbia, Canada, or, at the sole option of Arrive, the jurisdiction of a private arbitration service so located. In either case, the dispute shall be settled in accordance with the applicable federal laws of Canada and provincial laws of British Columbia, including the legal principles and precedents customarily recognized by courts of law and equity located in British Columbia, Canada. Use of Our Platform is not authorized in any jurisdiction that does not give effect to all provisions of this Agreement, including without limitation this section.
19.3 Arrive may try to help informally resolve disputes between Members, but has no obligation to do so. To the extent that Arrive attempts to help resolve a dispute it will do so in good faith, based solely on the facts of the case as determined by Arrive, this Agreement and its other relevant policies. Arrive will not make judgments regarding legal issues or claims, and some disputes related to financial transactions may ultimately be determined by our third-party payment processor.
20. Arrive’s Intellectual Property
The trade name Arrive, Arrive graphics, logos, designs, page headers, button icons, scripts, and service names are trademarks or trade dress of Arrive. Arrive’s copyright, trademarks, service marks, logos, business name, domain name, rights in get up and trade dress and all other intellectual property rights may not be used by any legal entity other than Arrive, except as expressly authorized in writing by Arrive, including without limitation as part of trademarks and/or domain names or email addresses connected with any other legal entity.
22. No Warranty
ARRIVE PROVIDES OUR PLATFORM AND SERVICES “AS IS” AND WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. ARRIVE EXPRESSLY DISCLAIMS ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, PERFORMANCE, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. IN ADDITION, NO ADVICE OR INFORMATION (ORAL OR WRITTEN) OBTAINED BY YOU FROM ARRIVE SHALL BE DEEMED TO CREATE ANY WARRANTY UNDER ANY CIRCUMSTANCES.
23. Limitation and Exclusion of Liability
23.1 You agree that nothing in a Booking contract formed in whole or in part through use of The Arrive Platform shall be recognized or understood to: (i) limit or exclude liability of the parties thereto for death or personal injury resulting from negligence; (ii) limit or exclude liability of the parties thereto for fraud or fraudulent misrepresentation; or, (iii) limit or exclude liability of the parties thereto in any way that is not permitted under applicable law.
23.2 You agree and accept that Arrive will not be liable to you under any circumstances by virtue of any reason or cause of action except as may be non-disclaimable in accordance with applicable statute law or legal precedent. Further, you agree and accept that to the extent Arrive may be liable to you, such liability shall be strictly limited to the greater of: (i) the total amount of fees you paid to Arrive over the 12 months immediately preceding the attachment of said liability; or, (ii) CAD$100.
23.3 You agree and accept that under no circumstances shall Arrive’s officers, directors, affiliates, partners, agents, employees or contractors be liable to you by virtue of any reason or cause of action except as may be non-disclaimable in accordance with applicable statute law or legal precedent. Further, you agree and accept that to the extent Arrive may be liable to you, such liability shall be strictly limited to the greater of: (i) the total amount of fees you paid to Arrive over the 12 months immediately preceding the attachment of said liability; or, (ii) CAD$100.
You agree to release, defend, indemnify, and hold Arrive and its officers, directors, affiliates, subsidiaries, partners, agents, employees and contractors harmless from any claim, liability, loss, harm, or expense including, without limitation, legal and accounting fees for which Arrive and its officers, directors, affiliates, subsidiaries, partners, agents, employees and contractors may otherwise be liable to you.
25. No Guarantee
You understand and accept that Arrive does not guarantee continuous, uninterrupted access to The Platform or its services, and that numerous factors outside of Arrive’s control may impede the availability and/or operation of The Platform and/or its services.
If any provision, section, or portion of this Agreement is held to be unenforceable as written, then such provision, section or portion shall be deemed modified and enforceable to the greatest extent possible that is consistent with the evident or logically presumed intention of the parties. All remaining provisions, sections and portions of this Agreement shall remain in full force and effect.
27. No Agency
You acknowledge that no agency, partnership, joint-venture, employee-employer or franchisor-franchisee relationship is intended or created by this Agreement, nor by your use of The Platform and its services, except where explicitly stated in this or any superceding Agreement (such as when Arrive acts as the limited payment collection agent of a Performer).
28. Right To Terminate Platform or Service
Arrive reserves the right to modify or terminate the Arrive Platform or service for any reason, at any time, and without notice. Arrive reserves the right to alter these Terms and Conditions of Use or other Platform policies at any time. If Arrive makes a material change Arrive will notify you here, by email, by means of a notice on our home page, or by other means as Arrive deems appropriate. What constitutes a “material change” will be determined solely by Arrive using good faith, common sense and reasonable judgment.
29.1 Except as explicitly stated otherwise, any required notice shall be given by email to firstname.lastname@example.org (in the case of Arrive) or, in your case, to the email address you provided to Arrive (either during the registration process or when your email address last changed). Notices shall be deemed received 24 hours after email is sent, unless the sending party is notified that the email address is invalid. Alternatively, Arrive may deliver your notice by post. In such a case, the notice shall be deemed received three days after the date of posting.
29.2 Arrive will make best efforts to address all concerns and complaints as soon as reasonably possible following their receipt.
29.3 For reports alleging infringement of intellectual property rights, please provide the notice as specified in Arrive’s IP Policy.
30.1 You hereby agree that Arrive may freely assign, sell, rent, lease, loan, gift, transfer, sub-contract or otherwise deal with its rights under this or any superceding Agreement without notice or liability to you.
30.2 You hereby agree that you may NOT assign, sell, rent, lease, loan, gift, transfer, sub-contract or otherwise deal with any of your rights under this or any superceding Agreement without the prior and express written consent of Arrive.
31. Third-Party Rights
This Agreement is for our benefit and your benefit exclusively, and is not intended to benefit or be enforceable by any third-party. Further, the exercise of our rights or your rights under this Agreement is not subject to the consent of any third-party.
32. Statutory and Regulatory Disclosure
We are registered in British Columbia, Canada. Our Incorporation Number is BC1020705 and our GST number is 822114583 RT0001. You can reach us from our Contact Us page, or by email at: email@example.com
Support is offered Monday through Friday, 9AM to 6PM PST (UTC-8). Support requests are answered in order received.You can reach us from our Contact Us page, or by email at: firstname.lastname@example.org
Last updated April 22, 2023
“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.
Any booking verbally, electronically or in writing will be a legally binding contract subject to the following non-negotiable terms and conditions of booking:
1. Confirming The Booking
1.1 The booking is confirmed when the Performer clicks the ‘Accept’ button from their Bookings dashboard.
1.2 By accepting a Booking Request the Performer is entering into a legally binding contract with the Client, in which the Performer is committed to carrying out the booking.
1.3 By accepting a booking request, the Performer also agrees to adhere to the terms of the Arrive Code of Conduct (see below).
1.4 If the Client themselves is not able to meet the performer on the day, Performers should ensure in advance that the Client has confirmed a designated point of contact for the day of the Event, such as a venue manager or wedding planner.
2. Direct Contact with Clients
2.1 If a Client uses the “Call request” feature to arrange a phone call with the Performer, following the call the Performer must inform Arrive of any booking details agreed upon during the conversation by replying to the automatic email sent from Arrive immediately after the phone call.
2.2 Any booking details verbally agreed between the Performer and Client must be confirmed in writing with the Client via the Arrive website.
2.3 The Performer is responsible for ensuring that the Client understands that a Booking is not confirmed until it is formally requested using a “Booking request” on the Arrive website.
2.4 If a Booking initiated via the Arrive website is agreed in person but not confirmed using a “Booking request” via the Arrive website, the Performer must still pay the Arrive Service Fee. This must be paid to Arrive within 24 hours of the date of the Event.
2.5 If the Performer fails to pay the Arrive Service Fee their account will be suspended until payment is received.
3. Receiving Payment On-Site
3.1 All payments which go through the Arrive site (on-site) are transferred using our payments provider, PayPal.
3.3 Payment on-site takes place in three stages:
3.3.1 Arrive deposit amounting to 15% of the Performer’s Performance fee to the Performer when they accept a booking through Arrive.
3.3.2 Arrive release the remainder of the Performance fee to the Performer 5 working days after the Event date. Exact timing of the payment may vary depending on different Performer and Client bank accounts.
3.3.3 Performer may withdraw the money at anytime using Performer dashboard.
3.4 Arrive takes a Service fee of 20% of the Performance fee on all bookings, including bookings agreed via direct messages. This covers the cost of providing support and improving the Arrive service for performers.
3.5 The take-home pay which the Performer receives is know as their Earnings. The full breakdown of the Performer’s fee can be viewed on their Payments dashboard.
4. Off-Site Payment
4.1 Though most booking payments take place through the PayPal payment system, when Clients submit their payment details they can choose to pay Performers using off-site methods such as cash or cheque on the day of the Event.
4.2 This is made clear to the Performer when they accept a Booking Request and in doing so they accept that they are responsible for ensuring the payment is made correctly and on time. Arrive cannot enforce off-site payments.
4.3 If a Performer is unsure of the method of payment, they should communicate this to the Client as soon as possible and if there is no response, get in touch with Arrive at email@example.com
4.4 Arrive is unable to offer Performers deposits for bookings where the payment is made off-site.
4.5 Off-site payments cannot be protected by the Arrive Cancellation Policy.
4.6 If the Performer receives their fee for a job using an off-site payment, they remain responsible for paying the Arrive Service Fee to Arrive.
4.6.1 This fee must be paid using the link sent to the Performer when the booking is accepted.
4.6.2 This fee must be paid in advance or within 24 hours of the event.
4.6.3 If this fee remains unpaid by the Performer over 24 hours after the event, Arrive reserves the right to suspend that Performer’s Arrive account until full payment is received.
5. Travel Expenses
5.1 Travel expenses include all expenses incurred by the Performer which are unrelated to the performance itself – these can include, travel, porterage, accommodation, or food and drink.
5.2 Travel expenses are included in the final payment to the Performer, transferred 5 working days after the Event date.
5.3 If the Performer requires travel expenses to be paid before the day of the Event (for example for expensive travel such as plane tickets), exceptions may be possible if they contact Arrive at firstname.lastname@example.org
6.1 If an Artist needs to cancel a booking, they must immediately inform Arrive of any changes to a booking at email@example.com If an Artist needs to cancel they must inform Arrive before informing the Client.
6.2 Acceptable reasons for cancellation include events will result in the Performer being unable to get to the Event such as transport stoppages, adverse weather conditions, death, serious injury, natural disasters, riots or strikes.
6.3 Informing a Client of a cancellation is not a valid method of cancellation. All communication regarding cancellations must be sent to Arrive. A booking is not cancelled until Arrive has been informed.
6.4 If a Performer cancels a booking, any deposit they have received from the Client must be immediately refunded to the Client.
6.5 All cancellations are subject to the Cancellation Policy.
6.6 In the event that a Performer is using their own contract, this shall be appended to the Arrive Terms and Conditions and Cancellation Policy PDF posted in this link: https://arrive.live/pdf/policy/performer-cancellation-policy.pdf
6.7 If an Performer cancels a booking without an acceptable reason (as detailed in 5.2) they will receive a warning letting them know that this is an unacceptable use of the Arrive platform. A second cancellation without an acceptable reason will result in a 6 week suspension from applying for jobs via the Arrive website.
7. No Show Policy
7.1 A “no show” is when a Performer does not carry out a booking without having communicated their intention to Arrive or communicates to Arrive that they wish to cancel a booking less than 48 hours before the gig start time. This means that Arrive does not have sufficient time to find a replacement artist.
7.2 No shows not only reflect badly on the Performer but also on Arrive and so will be dealt with very seriously. If a Performer “no shows”, Arrive reserves the right to remove them from the platform and charge the Performer reasonable compensation of up to 70% of the Performance fee for the event.
7.3 If a Performer “no shows”, any deposit they have received from the Client must be immediately refunded to the Client.
7.4 This policy will not apply to instances when the Performer is unable to perform due to events of force majeure such as serious injury, death, transport accidents or stoppages, natural disasters, riots or strikes.
7.5 If a Performer falls ill within 48 hours of the event, they must provide a doctor’s note if they wish to be eligible for the exemption clause 6.3. They also agree to make all possible effort to provide a deputy musician/performer to fill their place.
8. Changes To Booking Details
8.1 If a Performer needs to make changes to the details of the booking before the booking has been secured, such as the line-up, performance duration or fee amount, this must be done using the Arrive site and must be accepted by both parties before the booking is confirmed.
8.2 Once a booking has been secured, Performers should not communicate changes to booking details to the Client without first contacting Arrive booking support team.
8.3 If a Performer needs to make changes to the details of the booking after the booking has been secured, such as the line-up, performance duration or the quote, this must be communicated to Arrive booking support team at firstname.lastname@example.org
9. Delayed Event Schedules And Late Finish Fees
9.1 If a booking finishes after the specified end time through no fault of the Performer and they cannot perform until the end, there is no reduction of fee.
9.2 If an Event is extended by more than 10 minutes beyond the original finishing time and the Performer is asked by the Client and agrees to continue performing, they are entitled to organize additional payment from the Client at their discretion. This payment must be declared to Arrive at email@example.com within 24 hours of the Event.
9.3 If any other changes to the booking occur on the day resulting in additional payment to the Performer, this payment must be declared to Arrive at firstname.lastname@example.org within 24 hours of the Event.
9.4 The Performer has the right to refuse to finish later than the finish time without penalty.
10. Sound Limiters And Volume
10.1 If the event venue has a sound limit, the Client must make this known to the Performer before the booking is confirmed.
10.2 The Performer can refuse to perform if the Client does not make the sound limit known to the Performer before the booking and the sound limit for the booking is below a reasonable level for the style of music they are booked to perform (e.g. for a rock band, the sound limit is lower than the sound of an acoustic drum kit). In this case, the Artist/Performer is entitled to their full fee.
11. Using Alternative Or Deputy Performers
11.1 If an Artist cannot perform for a particular booking and wishes to use an alternative or deputy performer, they must contact Arrive immediately at email@example.com
11.2 Arrive may grant the Performer the right to use an alternative or deputy performer, but only given the Client’s consent.
11.3 Any alternative or deputy performers will be subject to the same contractual agreement as the original Performer.
12. Disintermediation And Circumvention
12.1 By receiving or applying for a booking through Arrive, and benefiting from Arrive’s service, Performers agree not to take bookings originating on Arrive outside of the platform or use Arrive to generate further bookings outside of the platform. This is against our terms and Performers who do so may be penalized by having their account suspended or deleted.
12.2 Arrive is entitled to 20% of the Performer’s fee (excluding travel expenses) payable by the Performer if an enquiry which originated on Arrive is paid for off the platform.
12.3 If a Performer receives an offer for a repeat booking as a result of a Arrive, if this is brought through Arrive, the Performer is entitled to a reduced Service fee of 10%.
13. Dispute Resolution
13.1 If a dispute arises as a result of a booking, the Performer must register the dispute by contacting Arrive as soon as possible at firstname.lastname@example.org
13.2 Registering a dispute will freeze any payment transactions for a window of up to 7 days during which time we will ask both the Client and Performer to provide evidence.
13.3 If the evidence is inconclusive, the default position is for Performer to receive their fee.
13.4 By accepting a booking through Arrive platform all Performers agree to adhere to the Arrive Code of Conduct in item 17 below. If a Client feels a Performer has behaved inappropriately, Arrive will take due measures to ensure this is resolved.
14.1 For bookings where it is necessary, the Client is responsible for ensuring that the Performer has Public Liability Insurance (PLI).
14.2 Arrive or its affiliates are not liable for any damages to people or their personal property which take place at an Arrive.
15. Problems With The Site
15.1 Though our tests show that the Arrive site has approximately 99.99% uptime, we cannot guarantee that it will be accessible at all times.
15.2 Performers accessing the site from older versions of internet browsers may experience connectivity problems and so for optimal experience it is recommended that you ensure you are always using the latest version of your browser.
16. Trust And Security
16.1 Arrive follows the highest standards of security and protection when handling the data of Clients.
16.2 Arrive never holds card details or bank account numbers. These are stored by our payment provider, PayPal.
16.3 Any information Arrive does store is essential for the booking process and industry-standard measures are taken to ensure its security.
17. Artist Code Of Conduct
17.1 By accepting a booking, all Arrive members agree to abide by the following Code of Conduct:
17.2 The Performer agrees to provide a performance that is to the best of their ability, and that reflects the details laid out in their application during the booking process, including their profile, videos, audio, biography etc.
17.3 The Performer will adhere to the Client’s wishes within reason, be polite and courteous with the Client, their guests and all venue staff and contractors.
17.4 The Performer should take all possible measures to ensure that they are easily contactable by the Client, via phone and email.
17.5 The Performer should arrive at the Event with sufficient time to set up and prepare for their performance. They should ensure they familiarize themselves with the necessary venue contacts and the location of emergency exits.
17.6 The Performer agrees to provide all necessary equipment and instruments for their performance, unless it has been agreed that it will be provided by the Client or a third party.
17.7 The Performer also agrees to take responsibility for all necessary tests (such as PAT tests) and checks on the equipment to ensure that the equipment is in good working order.
17.8 The Performer agrees that they will not be under the influence of alcohol or recreational drugs, during or after their performance or when they are in the presence of the Client or other event staff. The taking of illegal drugs at any Arrive is strictly prohibited.
17.9 The Performer agrees that they will not smoke where it is prohibited at the event venue.
17.10 The Performer will not partake in any behavior which is anti-social or deemed to reflect badly upon Arrive or the Client.
17.11 The Performer agrees to dress in an appropriate manner for the performance, unless the Client has agreed otherwise or a different outfit is necessary to the performance.
18.1 Arrive IS NOT A BANK and only holds funds for the purposes of settling the provision of services and specific invoices of Preformers. We strongly recommend that all users do not hold dormant balances on the platform. No user is permitted to hold a dormant balance on the platform for more than 30 days. Arrive reserves the right to apply Admin Fees or write downs to dormant balances until they are withdrawn or become zeroed.
18.2 Funds held by Arrive on the platform are not insured nor covered by any Financial Services Compensation Scheme or any other government agency. Arrive hold the funds in a separate client account.
Last updated April 20th, 2023
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 in this document unless specifically redefined herein (in which case said redefinition will take priority herein). Definitions in this document that do not appear in the G–TOS apply only to this document.
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.
All Bookings documented electronically or in writing, and 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 the deposit has been paid, the Booking is considered to be “secured”.
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 formally requested using the “Book now” button on the Client’s Arrive enquiry page.
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 transferred using our payments provider, PayPal.
3.2 By clicking “Save” and registering your account details, you agree to the PayPal Services Agreement.
3.3 If a Booking is secured more than 28 days before the Event date, then payment is taken in two stages
3.3.1 Clients pay a 35% deposit when securing their booking.
3.3.2 The remaining 65% of the Performer’s fee and any travel expenses are automatically transferred from the Client to Arrive 28 days before the Event date and then released to the Performer five business days after the Event.
3.4 If a booking is secured less than 28 days before the Event date, then the full payment (including the deposit) is taken in a single stage, when the Client secures their booking.
3.5 If a Client books a Performer within 48 hours of the Event date, this is considered a ‘last minute booking’ and the Client agrees to pay a 15% surcharge to cover the increased administration cost.
3.6 If a Client books a Performer and indicates to Arrive by email or telephone that they would like to receive concierge service from a member of the Arrive team, the Client agrees to pay a 15% surcharge to cover the increased administration cost.
4. Off-Site Payment
4.1 Though most booking payments take place through the PayPal payment system, Clients can choose to pay Performers using off-site methods such as cash or cheque on the day of the Event.
4.2 If the Client chooses to pay the Performer off the site, they are responsible for ensuring that the Performer is aware of the payment method they have chosen.
4.3 Off-site payments cannot be protected by the Arrive Customer Cancellation Policy.
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, transferred to the Performer approximately five business days after the Event date.
5.3 In some cases, such as if the Performer needs to book expensive airplane tickets, travel expenses may need to be paid to the Performer before the Event. In such a case, the Performer will inform Arrive who will work to ensure a solution is reached with the agreement of both parties.
5.4 In those cases for which travel expenses must be paid before the Event, the Client agrees to do so in order to smoothly facilitate the Booking.
6. Cancellation or Changes
6.1 If a booking needs to be cancelled, Clients must immediately inform Arrive of any changes to a booking at email@example.com
6.2 If a Client needs to cancel they must inform 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. All communication regarding cancellations must be directed through Arrive, and no Booking shall be considered canceled until Arrive has been notified.
6.4 All cancellations are subject to Arrive Customer Cancellation Policy and said policy must be followed regardless of whether the Performer also has his/her/their own cancellation policy.
7. Arrive Cover
7.1 For any Booking paid by credit or debit card, Clients will have the option to purchase Arrive Cover for a small additional fee. This is a replacement service which offers peace of mind in the unlikely event that a Booked Performer cancels.
7.2 If a Performer cancels and the Client has previously purchased Arrive Cover, Arrive agrees to offer the Client a replacement Performer of the same general quality, standard and style as the Performer who was originally booked. If this Performer requires payment greater than what had been agreed upon for the original Booking, then Arrive will cover the difference up to a maximum of 10% of the original Booking value. The Client will be required to cover any remaining additional expense.
7.3 If Arrive is unable to find a replacement act suitably matching the original requirements of the Booking, the Client shall be entitled to a full refund plus an additional $100.
7.4 Even if Arrive is able to find a replacement act, the Client may choose to decline the replacement, cancel the Booking without penalty and receive a full refund of any amount already paid.
7.5 Regardless of Arrive’s provision of cancellation protection services, the contract for a Booking remains solely between the Client and the Performer.
7.6 If a replacement Performer is found and accepted by the Client, the original terms of the Booking contract agreed between the Client and the original Performer will apply to the contract formed between the Client and the replacement Performer.
7.7 Refunds of purchased protection policies may be provided subject to the cancellation policy in place for the Booking, or if not otherwise specified, at Arrive’s discretion. Clients should contact their Bookings assistant for further information.
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, any deposit he/she/they have received must be immediately refunded to the Client.
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 firstname.lastname@example.org
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 email@example.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 firstname.lastname@example.org 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 If a Client wishes to offer a Performer further work as a result of an Arrive Booking, the Client should contact Arrive at email@example.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 firstname.lastname@example.org .
14.2 Registering a dispute will freeze any payment transactions for a period of up to seven days during which 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.
15.1 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 Though our tests show that the Arrive Platform has approximately 99.99% uptime, 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, PayPal.
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 will be displayed to a Client before the Client sends a Booking Request to a Performer. The Performer is required to either confirm or reject the Booking Request within the Booking Request Period; otherwise, the request will be automatically canceled. If a Booking Request is canceled, any amounts collected by Arrive will be refunded to the Client.
18.3 While a Booking Request is still pending, you understand and agree that Arrive, on behalf of the Performer, may: (i) obtain a pre-authorization from your credit or debit card for the Total Amount Payable; or, (ii) charge your credit or debit card a nominal amount, not to exceed one dollar ($1) or a similar sum in the currency in which you are transacting, to verify your credit or debit card. You hereby approve and authorize such payment method verification processes being conducted by Arrive and/or its third-party payment processor PayPal. You may be charged fees by your financial institution as a result of this card verification process, 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.
18.4 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 may collect the total amount from you (i) all at once; or (ii) by by two or more payments as may be required by Arrive and made known to you at the time that your Booking Request is submitted. 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 this card verification process, 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.
18.6 Once your Booking is confirmed, you will receive an email from Arrive summarizing your transaction.
Support is offered Monday through Friday, 9AM to 6PM PST (UTC-8). Support requests are answered in the order they are received.You can reach us from our Contact Us page, or by email at: email@example.com