User Terms of Service

Sections 11 through 18 of these User Terms of Service contain an arbitration agreement and class action waiver that apply to certain claims brought against GigSalad by a User. Please read them carefully.

Thanks for using GigSalad!

These User Terms of Service (“User Terms”) are a binding legal agreement between you and Gig Bureau, LLC d/b/a GigSalad (“GigSalad”/“our”/“us”/”we”) which supplements the GigSalad Global Terms of Service (“Global Terms”).

Capitalized terms used but not defined in these User Terms have the meanings given to them in the Global Terms.

Please read our Privacy Policy, which describes how we collect and use personal information as well as your opt-out rights.

As a registered User of the Services, you are acknowledging that: (a) you have read and understood these User Terms, and (b) you agree to comply with, and be legally bound by, these User Terms as they exist on the date of each such use or access. If you disagree with any of these User Terms in any way, please immediately stop all use of GigSalad’s Services.

1. Relationship to Global Terms of Service. These User Terms incorporate and supplement the Global Terms. Where conflicts arise between these User Terms and the Global Terms, these User Terms control for all Users. All other provisions of the Global Terms remain applicable to your use of our Services.

2. User Registration. Our account registration forms will specify the information which you must provide to enjoy the particular feature, and the information which you may, at your option, choose to provide or withhold. In connection with registering on the GigSalad Platform, you agree to provide us with accurate, complete, and updated information required by the registration form, including, without limitation, your legal name, address, telephone number(s), applicable payment data (e.g., credit card number and expiration date), and such other information that may be required. Information provided to us by you in connection with registering on the GigSalad Platform will be maintained and protected by us in accordance with these User Terms and with the terms of our Privacy Policy.

When you register on the GigSalad Platform, you will create a password and specify an email address, which will provide you access to certain services and materials available through the GigSalad Platform unless terminated by us for any reason. If at any time you believe that your email address and/or password has been revealed to any other party, or otherwise compromised, you agree to notify us in writing immediately and to change your email address and/or password immediately through the control panel within the GigSalad Platform. You agree to be responsible for and to indemnify, defend, and hold GigSalad, and its officers, directors, employees, agents, licensors, and suppliers, harmless from any injury, loss, or damage we incur as a result of any unauthorized use of your account email address and/or password. You are solely responsible for maintaining the confidentiality of your email address and password, and for any and all activities that are conducted by you or anyone else through your account.

3. User Termination, Suspension, or Cancellation. We reserve the right to limit, block, suspend, deactivate, or cancel your User account at any time, for any reason, with or without notice. If we take such action:

• Your access to the GigSalad Platform and your User content will be disabled.
• Where you have entered into a booking agreement or other contract of services (“Contract”) with another User that is affected by our action, we may inform such other User(s) about the change in your account status and the reasons for our action.
• You will not be compensated for any canceled or delayed Services.

You may cancel your account at any time through the “Account” section in your User control panel.

Upon account termination, suspension, or cancellation, we are not obligated to delete or return any User content you’ve posted to the GigSalad Platform, including reviews. For information on data deletion requests after account termination, suspension, or cancellation, please refer to our Privacy Policy.

4. User Conduct. At all times when using or accessing the Services, you agree that:

1. You are solely responsible for the content or information you publish or display on the Services or transmit to other Users.
2. You are solely responsible for your interactions with other Users.
3. In using the Services to enter into any Contract, whether you enter into such Contract as the talent providing the services or the party organizing an event, you will not include in the Contract any terms or conditions that are inconsistent with our Global Terms or these User Terms or with GigSalad’s published policies for Contracts entered into through our Services.
4. You will maintain current contact information on your profile, including at least one main image. We reserve the right to add any image or edit any information at any time, provided that we will not substantially change the content or meaning of your user generated content.
5. GigSalad reserves the right, but has no obligation, to monitor or attempt to resolve disputes between you and other Users.

5. Prohibited User Conduct. In addition to all Prohibited Conduct as described in Section 5 of the Global Terms, at all times when using or accessing the Services, you agree that you will not, whether on your own or with the assistance of others:

1. Post html code except where instructed in any area of your profile within the Services.
2. Post contact information in any area of your profile within the Services. Contact information includes website links and addresses, email links and addresses, and telephone numbers. Contact information may not be posted in PromoKit photos, in PromoKit text, in PromoKit audio/video samples, or in messages to other Users.
3. Fail to keep and maintain all bookings and their associated communications on the GigSalad Platform. We reserve the right to terminate any User that attempts to complete a booking outside of the GigSalad Platform, when that booking has originated from a GigSalad inquiry.
4. Discourage, suggest, and/or prevent other Users from accessing, utilizing, engaging with, or booking through the GigSalad Platform.
5. Re-sell or re-offer any information or inquiry you receive through the GigSalad Platform to another Vendor, performer, or service provider, whether or not they are a User.
6. Post or share to any website any information or inquiry you receive through your relationship with GigSalad.
7. Disclose your account email address and/or password to, or otherwise share it with, any other User or third party.
8. Post any illegitimate review, whether on your own or on another Vendor’s PromoKit. Posting an illegitimate review may result in your account’s immediate termination, at our discretion, without refund, and may also result in a permanent ban from the GigSalad Platform (in addition to all other remedies).

GigSalad reserves all rights with respect to Users that violate the terms of this Section 5.

6. GigSalad’s Fees. Certain parts of the Services may be accessed and used without charge (the “Free Services”). For use of certain other parts of our Services, however, you are required to pay applicable fees which may change from time to time subject only to your right to terminate such Services in accordance with the terms thereof (the “Paid Services”). Current fee information is available on the GigSalad Platform. All fees due from you to us hereunder, including to the extent applicable, transaction-based service fees, monthly fees, annual fees, one-time fees, and the like, are referred to herein as “GigSalad Fees.” All financial information addressed within the Services (including GigSalad Fees, gig quotes, deposits, balances, and/or any other various pricing information) is given in terms of US dollars for US Users and Canadian dollars for Canadian Users, unless otherwise stated.

Vendors shall not have more than one free PromoKit at any time if they are part of the same affiliation, regardless of location or act name specified in the PromoKit.

7. Payment of Vendor Fees. By registering as a Vendor, you can authorize us to charge your credit card, debit card, or other payment method at such time. You agree that we may charge all GigSalad Fees owed in connection with Paid Services to the payment method (e.g., credit card, PayPal account, debit card, etc.) you have provided to us. You are solely responsible for the timely payment of all GigSalad Fees. It is your responsibility to notify us if your payment method has changed by making the appropriate changes to your account settings. If you do not provide a valid payment method, or if your designated payment method is determined by us to be inactive for any reason, we may immediately terminate your use of the Services. Purchases will appear on your credit or debit card statements with the name “GigSalad” or a similar descriptor. You agree not to cause your credit or debit card company to reverse or “chargeback” any GigSalad Fees charged in accordance with these User Terms; and in the event you do so, we may terminate your use of the Services, and you agree to reimburse us for any costs incurred in responding to such chargeback, including, without limitation, our actual costs paid to the credit or debit card company, including chargeback fees, and the value of the time our employees spend on the matter as determined in our discretion in good faith.

8. Automatic Renewals. If you choose a paid subscription to a Service, your subscription will continue indefinitely until canceled by you. After your initial payment of the GigSalad Fee, your subscription will automatically renew on the interval you choose when subscribing to that Service. You agree that your subscription will be subject to this automatic renewal feature. If you do not wish for your subscription to renew automatically, or if you want to change or terminate your subscription to a Service, please log in to your account and follow the cancellation process. If you cancel your subscription to a Service, you may use your subscription until the end of your then-current subscription term and your subscription will not be renewed thereafter. However, you will not be eligible for a prorated refund of any portion of the GigSalad Fee paid for the then-current subscription period. By choosing a subscription to a Paid Service, you authorize us to charge your credit card or debit card at the beginning of each renewal subscription period. Upon the renewal of your subscription, if we do not receive payment, you agree that we may either terminate or suspend your use of the Services, or revert your account to only have access to Free Services, thus losing any applicable features or benefits of Paid Services.

When you reach the end of a paid subscription, your account will revert to having access to Free Services, thus losing any applicable features or benefits of Paid Services, unless you log in to your account and renew your subscription.

9. Collection of Deposits and Gig Payments. Each Vendor that is a provider of services promoted within the Services (each a “Supplier”) hereby appoints GigSalad as its agent for receipt of deposit, balance, or other payments that GigSalad permits to be made through the Services (each a “Payment”). Where an Event Planner that is not a Supplier and who wishes to retain a Supplier for services (each a “Purchaser”) wishes to make a payment to a Supplier through the Services, GigSalad may, but is not required to, accept such Payment in its capacity as agent of the Supplier. As of the instant when GigSalad is in receipt of any Payment, the Supplier for whom the Payment was received hereby releases the Purchaser from any liability in respect of the Payment regardless of when or if GigSalad settles the Payment amount to Supplier. Purchaser shall be a third party beneficiary of such release by Supplier hereunder. Following receipt of Payments for Suppliers, GigSalad shall settle the amounts thereof to Suppliers less all GigSalad Fees disclosed in the Services and less any chargebacks, reversals, or returns by Purchaser. GigSalad reserves the right to return any Payment to a Purchaser for any reason or for no reason. GigSalad reserves the right to provide Purchaser with a receipt in the name of the Supplier for each Payment which receipt Supplier shall honor.

10. Refunds. All sales are final and will not be refunded, unless specifically agreed to otherwise by us.

11. Agreement to Arbitrate. Except for any disputes set forth in Section 12 below, you agree that all claims relating to or arising out of these User Terms or otherwise that have arisen or may arise between you and GigSalad or a related party, whether relating to these User Terms (including any alleged breach thereof), use of the GigSalad Platform, or otherwise (including any claim that any provision of these User Terms are invalid, illegal, or otherwise voidable or void), shall be resolved exclusively through final and binding arbitration, rather than a court proceeding, in accordance with the terms of this Section 11 through Section 18 (those sections, the “Arbitration Agreement”), except you may assert individual claims in small claims court, if your claims qualify. Your rights will be determined by a neutral arbitrator, not a judge or jury. The Federal Arbitration Act governs the interpretation and enforcement of this Arbitration Agreement.

12. Exceptions to Agreement to Arbitrate. You and GigSalad agree that the arbitration agreement in Section 11 will not apply to the following disputes:

1. Claims arising out of, in whole or in part, conduct prohibited in Section 5, “Prohibited User Conduct.”
2. Claims regarding intellectual property of the Contents, such as claims to enforce, protect, or concerning the validity of GigSalad’s copyrights, trademarks, trade dress, domain names, patents, trade secrets, or other intellectual property rights.
3. Disagreements regarding threshold arbitrability issues, including whether the arbitration agreement in Sections 11 through 18 is applicable, enforceable, or unconscionable.
4. Disputes regarding arbitration costs once an arbitration has been filed and the parties joined.
5. Claims that are not subject to an arbitration agreement as a matter of law and are not preempted by federal law that would allow for an agreement to arbitrate.

Any dispute not subject to arbitration under these exceptions shall be resolved exclusively by a court of competent jurisdiction as described in Section 7 of the Global Terms and applying the governing law as described in Section 6 of the Global Terms.

13. Avoidance of Formal Dispute and Arbitration. GigSalad always seeks to resolve disputes amicably and efficiently. Before you begin any arbitration, you must first reach out to us in writing to explain your concern or complaint so that we may seek to resolve the concern without the need for arbitration. You agree that you will not begin any arbitration earlier than 45 days after contacting us with an explanation of your concern or complaint. You may write or email us with your concern or complaint at:

The Gig Bureau, LLC d/b/a GigSalad
Attn: Legal Department
2733 E. Battlefield Rd, Box 105
Springfield, MO 65804

Email: legal@gigsalad.com

14. Arbitration Process. Any unresolved dispute or controversy subject to arbitration under these User Terms shall be finally resolved by binding arbitration administered by New Era ADR, Inc. through the platform provided at https://app.neweraadr.com/ (the “New Era Platform”) in accordance with its rules and procedures for Virtual Expedited Arbitration, including its Mass Arbitration Rules and Procedures, by a professional neutral(s) with substantial experience in resolving commercial disputes (the “Neutral”). Terms used in Sections 11 through 18 but not defined in these User Terms or the Global Terms have the meanings given to them in the New Era Rules and Procedures available on New Era’s website, located at https://www.neweraadr.com/. The Neutral shall be chosen in accordance with the rules and procedures of the New Era Platform. The parties will bear costs as provided for in Section 16 of these User Terms or, if silent, in accordance with the rules and procedures of the New Era Platform. The prevailing party may be entitled to receive reimbursement of its reasonable expenses (including reasonable attorneys’ fees and all other expenses) incurred in connection therewith, at the Neutral’s discretion.

A party shall initiate an arbitration through New Era ADR at https://app.neweraadr.com/. The contact information for GigSalad shall be legal@gigsalad.com and for the User it shall be the email address associated with your GigSalad account. For more information on initiating disputes please go to New Era ADR’s Virtual Arbitration Help Center. For support when initiating a dispute please contact support@neweraadr.com.

The arbitrator will decide the substance of all claims by applying the governing law as described in Section 6 of the Global Terms.

15. Arbitration Opt-Out Procedure. You can reject and repudiate this Arbitration Agreement by sending us a signed written opt-out notice. For new Users, the opt-out notice must be sent no more than 30 days after the date you use the GigSalad Platform for the first time. If you are already a current User, the opt-out notice must be postmarked or emailed no later than thirty days after the first time you access the GigSalad Platform following the Last Updated date on these User Terms. You must send the opt-out notice to:

The Gig Bureau, LLC d/b/a GigSalad
Attn: Legal Department
2733 E. Battlefield Rd, Box 105
Springfield, MO 65804

You may also scan, attach, and send us your opt-out notice by email to legal@gigsalad.com. The opt-out notice should clearly state that you do not agree to the Arbitration Agreement and must include your name, address, phone number, and the email address that you used to create your GigSalad account. You must sign the opt-out notice for it to be effective. This procedure is the only way you can opt out of the Arbitration Agreement. Even if you opt out, all other provisions of these User Terms will continue to apply.

16. Arbitration Costs. Each party shall pay 50% of the New Era Platform fees charged in connection with arbitration, including the New Era Platform’s filing fee and flat case fee. However, if you are asserting claims in your capacity as an Event Planner and you are not in the regular business of offering event planning services or booking talent for commercial events or venues as determined by the Neutral, then GigSalad will bear 100% of the New Era Platform’s flat case fee beyond the first $3,000. Each party will be responsible for all other fees it incurs in connection with arbitration, including without limitation, all attorney fees. In the event the arbitrator determines that either the substance of your claim or the relief sought in the demand is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), you agree to reimburse GigSalad for all fees associated with the arbitration paid by GigSalad, including reasonable attorneys’ fees, to the maximum extent permitted under the rules and procedures of the New Era Platform. Additionally, if GigSalad offered to settle your claim(s) during the 45-day period described in Section 13 and the dollar amount offered by GigSalad is greater than or equal to the amount you are ultimately awarded in arbitration, you agree to reimburse GigSalad for all New Era Platform fees paid by GigSalad in connection with the arbitration.

17. Prohibition of Class and Representative Actions and Non-Individualized Relief. YOU AND GIGSALAD AGREE THAT WE MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, OR REPRESENTATIVE ARBITRATION, ACTION OR PROCEEDING. UNLESS BOTH YOU AND GIGSALAD EXPRESSLY AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON’S OR PARTY’S CLAIMS AGAINST GIGSALAD AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, OR CLASS PROCEEDING. ALSO, THE ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF REQUIRED BY THAT PARTY’S CLAIM(S). If any court or arbitrator determines that the class action waiver set forth in this paragraph is void or unenforceable for any reason or that an arbitration can proceed on a class basis, then the arbitration provision set forth in Sections 11 through 18 shall be deemed null and void in its entirety and the parties shall be deemed to have not agreed to arbitrate disputes.

18. Mass Arbitration. If five (5) or more claims are filed against GigSalad sharing common issues of law and fact as determined by a New Era ADR Neutral and such claims are brought by the same law firm or group of law firms acting in coordination (a “Mass Arbitration”) then the parties agree to proceed under the New Era Mass Arbitration Rules and Procedures. GigSalad or any User may request that a set of arbitrations filed contemporaneously be considered for designation as a Mass Arbitration. Once a set of claims has been designated as a Mass Arbitration the parties agree and acknowledge that Bellwether Case(s) will be selected and Lead Decision(s) issued that will guide the parties in their participation in a mandatory, non-binding settlement conference. If any party should opt-out of the settlement conference or otherwise refuse to settle, the claims at issue will be resolved by the Neutral who after due consideration of the facts and arguments must individually decide the claims, though use of the analysis and result from prior Lead Decisions may be considered in deciding common issues of law and fact.

19. Contacting Us. If you have any feedback, questions, concerns, or comments about the GigSalad Platform or these User Terms, please contact us as provided on our contact page. Please be sure to include in any communication your full name, email address, postal address, and any message. You may also write to us at:

The Gig Bureau, LLC d/b/a GigSalad
Attn: Legal Department
2733 E. Battlefield Rd, Box 105
Springfield, MO 65804