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Terms of Service

Montane Booking Terms of Service

Disclaimer

PLEASE READ THIS DOCUMENT CAREFULLY BEFORE YOU ACCESS OR USE THE WEBSITE OR APPLICATION. BY ACCESSING OR REGISTERING AT THE SITE MONTANE BOOKING, LLC ATHENS, GEORGIA, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS SET FORTH BELOW. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS AND CONDITIONS, PLEASE DO NOT ACCESS OR REGISTER FOR OUR WEBSITE OR APPLICATION.

  1. Welcome to Montane Booking

Montane Booking has created an online marketplace for musical groups, solo performers, for-hire musicians, musical engineers, professional speakers, and other talent (“Performers”) in search of opportunities to perform public or private engagements, including, without limitation, nightclubs, venues, halls, churches, universities, schools, fairgrounds, hotels, military bases, and any other locations in the United States, where performers perform professionally (“Events”). Any location where Events are to be held, or anywhere else where performers perform professionally (“Venues”) will be contacted on behalf of the Performer. Performers who are registered members can direct potential promoters, talent buyers, venues, and other purchasers (“Purchasers”) to the Performer’s respective public profile through the Performer’s unique URL. Other visitors, including music industry professionals may browse Montane Booking and may create a profile on Montane Booking’s website to connect with Performers or Venues. Collectively, visitors, Purchasers, and Performers are referred to herein as “users” or “you.”

This section explains our terms of use. When you use Montane Booking, you are agreeing to all of the rules in this agreement. Some of the rules need to be expressed in legal language, but we have done our best to offer you clear, simple, and straight-forward explanations, some of which may be summarized. These summaries are not necessarily part of the official legal terms. By using this website (the “Site”) and services (together with the Site, the “Services”) offered by Montane Booking, LLC, Athens, Georgia (together with its parents, advertisers, advertising agencies, affiliates, agents, assigns, attorneys, consultants, content providers, contracting parties, directors, employees, officers, partners, predecessors, producers, representatives, shareholders, sponsors, subsidiaries, successors in interest, or suppliers—collectively, “Montane Booking,” “Provider,” “we,” or “us”), you are agreeing to these legally binding rules (the “Terms”). You are also agreeing to our Privacy Policy and agreeing to follow any other rules on the Site, like our Community Guidelines and Rules for Performers and Purchasers. We may change these Terms from time to time. If any changes are made to the Terms, we may send an email notifying users of any changes, and/or update the Terms and Conditions modification date below. Failure to notify users of any changes does not void or restrict the Terms or any changes or updates to the Terms. New versions of the Terms will never apply retroactively—we will update the Terms and Conditions modification date below with the exact date that the changes go into effect. If you keep using Montane Booking after a change, that means that you accept the new terms. Montane Booking is for your personal, non-commercial use, except as otherwise provided below in sections 4 & 5.

  1. Creation of Montane Booking Account

You represent and warrant that you are over eighteen years of age (twenty one in places where eighteen years is not the age of majority) and are fully competent to enter into this Agreement.

In order for a Performer to engage in the conduct of booking Events, Performer must be a registered member.

You can browse Montane Booking without registering for an account. But to use Montane Booking’s functions with regard to Events, you will need to register, choose an account name, provide an email, set a password, and provide an email address. Once that is accomplished, the information that you give us must be accurate and complete. Do not impersonate anyone else or choose names or account info that is offensive or that violates anyone’s rights. If you do not follow these rules, we may cancel your account without warning.

You are responsible for all activity on your account, and for keeping your password confidential. If you discover that someone has used your account without your permission, you should report it to contact@montanebooking.com.

To sign up for an account as a registered member, you must be at least 18 years old, or old enough to form a binding contract where you live. If necessary, we may ask you for proof of age.

  1. Forbidden Actions

This section contains a list of things that you should not do, such as lie, break the law, abuse people, steal data, access other users’ computers or data, etc. Please do not engage in this conduct. We expect everyone to be respectful, responsible, and professional at all times. For avoidance of doubt, do not commit any of the below-listed things detailed in section 3 on this Site and Application:

      • Do not break the law or violate the rights of third parties. Do not take any action that infringes or violates other people’s rights, violates the law, or breaches any contract or legal duty that you have toward anyone.
      • Do not lie to people. Do not post information that you know to be false, misleading, or inaccurate. Do not do anything deceptive or fraudulent.
      • Do not breach this agreement. Do not offer any services that are illegal or that violate any of Montane Booking’s policies, rules, or guidelines; or violate any applicable law, statute, ordinance, or regulation.
      • Do not breach the Purchaser Agreement. Do not breach any material terms of the Purchaser Agreement and/or Performer’s Rider.
      • Do not victimize anyone. Do not commit any threatening, abusive, harassing, defamatory, libelous, tortious, obscene, profane, or invasive act of or on another person’s privacy.
      • Do not spam. Do not distribute unsolicited or unauthorized advertising or promotional material, or any junk mail, spam, or chain letters. Do not run mailing lists or any kind of auto-responder or spam on or through the Site or Application.
      • Do not harm anyone’s computer. Do not distribute software viruses, or anything else (code, files, programs, etc.) designed to interfere with the proper function of any
        software, hardware, or equipment on the Site or Application (whether it belongs to Montane Booking or another party).
      • Do not abuse other users’ personal information. When you use Montane Booking—especially if you create a professional relationship—you may receive information, including things like names, email addresses, and postal addresses. This information is provided solely in connection with the Event: do not use it for other purposes and do not abuse it.

In order to ensure and maintain the security and proper functioning of our Site and Application we must forbid the following list of things:

      • Do not (or attempt to) interfere with the proper workings of the Services.
      • Do not bypass any measures that we have put in place to secure the Services.
      • Do not (or attempt to) damage or obtain unauthorized access to any system, data, password, or other information, whether it belongs to Montane Booking or another party.
      • Do not take any action that imposes an unreasonable load on our infrastructure, or on our third-party provider’s infrastructure. (We reserve the right to determine what is considered ‘reasonable.’)
      • Do not use any kind of software or device (whether it is manual or automated) to “crawl” or “spider” any part of the Site or Application.
      • Do not take apart or reverse engineer any aspect of Montane Booking in an effort to access things like source code, underlying ideas, or algorithms.
  1. Performers, Purchasers, and the Booking of Events

Montane Booking’s services provide opportunities for the booking of Events, not the confirmed booking of Events. As such, Montane Booking does not guarantee the successful booking or scheduling of any Events. When a Performer selects the states in which they would like to perform, the dates that they are looking to fill, and the dates that they would not like to perform, Montane Booking selects Venues in the area of selection, and contacts the Venue for an Event on behalf of the Performer with an email, phone call, contact form submission, Facebook message, or any other means of communication (“Booking Request”). Any continued contact or any scheduling confirmation after this initial Booking Request is to be handled in every aspect by the Performer. Montane Booking will not continue contact on behalf of, or between, the Performer and Purchaser after the initial Booking Request. Any Purchaser who accepts the Booking Request and confirms the scheduling of the Event with a Performer, forms a binding contract.

Montane Booking is NOT a party to this contract—the agreement made by the Performer and the Purchaser (the “Purchase Agreement”) is a direct legal agreement between Performers and Purchasers.

Throughout the process, Performers and Purchasers owe each other a reasonable standard of care and effort, honest communication and a dedication to fulfill their respective obligations in connection with the Event. At the same time, Purchasers must understand that when they purchase an Event that involves personal services, there may be changes or delays, and there is a chance that something could happen that prevents the Performer from being able to complete the Event as promised.

To the extent the Purchaser is acting in good faith and is not in breach of its material obligations of the Purchase Agreement, if a Performer is unable to fulfill the Performer’s material obligations (e.g. to perform) with regard to an Event, then the Performer may be in breach of the basic obligations of the Purchase Agreement. To remedy this possible situation, the Performer and Purchaser must each make every reasonable effort to resolve the situation. A Performer in this position has only remedied the situation and met the Performer’s obligations to a Purchaser if the Performer:

      • posts an update regarding a “force majeure” event preventing Performer from performing the Event as planned; or
      • works diligently and in good faith to bring the Event to the best possible conclusion in a timeframe that is communicated to the Purchaser (for example, a mutually approved rescheduling of the Event); or
      • demonstrates that Performer has made reasonable efforts to complete the Event as promised; or
      • Performer offers to return all of a portion of Purchaser’s funds and Purchaser agrees to accept the funds; or
      • Performer and Purchaser agree to any alternate resolution in writing.

The Performer is solely responsible for fulfilling the promises with respect to the Event. If the Performer is unable to satisfy the terms of the Purchase Agreement, the Performer may be subject to legal action by Purchaser.

  1. Using the Montane Booking Website to Book an Event

The objective of this section is to cover the details of booking Events in general and (a) how purchase agreements are made with regard to a Booking Request, any counter offers, and the acceptance of an offer; (b) whether offers can be changed or canceled; (c) how Purchasers can get a full or partial refund (d) force majeure events.

The entire booking process is managed through the Site as well as via Montane Booking’s custom mobile application. Performers in search of Events, use the Montane Booking platform to grow business, in an efficient, effective, and organized manner. Performers direct Purchasers to the Performer’s respective public profile through the Performer’s unique URL. Purchasers submit offers to Performers in connection with Event(s), and receive a response from the Performer with an approval, denial, or counter offer. If either an offer or a counter offer is accepted by the Performer, then the Performer and the Purchaser will move through the steps of contract execution and payment, if applicable, for each Event.

We use information found on your Artist Profile to book Events. Purchasers use this information to research you and your act and to gauge their interest in you and your music. You must have this information completely filled out in your Artist Profile for booking requests to be sent out and for Purchasers to book you for an Event. If your Artist Profile does not have your act name, your act size, your city and state of residence, a bio about your act, your act genre, your age confirmation, your email address, and at least three (3) social media profile URLs saved with the account, the Artist Profile will be considered void and no booking requests will be sent out until that is resolved.

Book a Tour forms must be filled out each month that the Artist Account is active, within one (1) week of your payment being processed for that month. We cannot send out booking requests for you if you have not submitted an updated and current Book a Tour form for each month that the booking requests are supposed to be sent out to Purchasers. It is important that we have updated and current information that is usable for each month, which details your performance desires for 3–5 months in advance of the current month. For example, if you create an Artist Account and fill out a Book a Tour form in August, and the Book a Tour form details your available dates in the month of December, and then in September you never submit a new Book a Tour form with your available dates in the month of January, then we don’t know when to ask Purchasers for available dates for events and we don’t know which dates in January you are available and unavailable to perform. Booking requests will not be sent out for any month that a Book a Tour form was not submitted within one (1) week of your payment being processed for that month.

The Booking Process

Performers will create an Artist Account and pay a monthly fee to be able to use Montane Booking’s Services. Once payment is received, the Performers will go through a number of steps to complete the process of the Services. In the first step, the Performers will choose from a selection of The United States of America which states in which they are interested in performing. In the second step, the Performers will select a starting date that they would like for their tour to begin and a closing date that they would like their tour to end. In the third step, the Performers will select any dates on which they are not interested in performing and would like for Montane Booking to omit from the Booking Requests.

Montane Booking possesses venue / talent buyer contacts (the “Venue Contacts”) in every state in the United States of America. After the above three steps are completed, Montane Booking references the Venue Contacts that we possess and contacts any number of venues in each of the states that the Performers have selected and sends a Booking Request to the randomly selected Venue Contacts. Montane Booking may use the individual email addresses that the Performers provide during the creation of the Artist Account and send the Booking Requests from each Performer’s own email address in order to ensure that all responses to Booking Requests get sent directly to the Performers. Montane Booking does not access or read the emails of the Performers, and as such, cannot be responsible for any contact further after the initial Booking Request has been sent.

The submission of Booking Requests will not automatically guarantee the booking or scheduling of Events for Performers. Montane Booking cannot force Purchasers to enjoy or respect your act, or to desire a performance of your act at their venue. To ensure your best chance of catching the attention of Purchasers and helping your chances of securing an Event, we recommend doing the following things:

      • Make professional recordings of yourself.
      • Make your recordings easily accessible to interested parties through a website, social media, and/or streaming services.
      • Have professional photos of your act made.
      • Have your professional photos easily viewable by interested parties through a website and/or social media.
      • Maintain an active presence on as many social media account providers as you can.
      • Maintain a high number of “fans” and “followers” on all social media accounts.
      • Maintain strong fan interaction on all social media accounts.
      • Maintain an active touring schedule.
      • Make professional videos / music videos of your act performing.
      • Make your videos easily accessible to interested parties through a website, social media, and/or streaming services.
      • Possess a strong stage presence.
      • Possess coverage by media, press outlets, magazines, blogs, etc.
      • Make your coverage by media, press outlets, magazines, blogs, etc. easily found and viewable by interested parties through a website and/or social media.
      • Provide your own professional equipment at performances and Events.
      • Provide Purchasers with stage layouts, tech riders, equipment needs (if applicable), etc.

It is important to know that just because you follow the above guidelines, there is no guarantee that a talent buyer will choose to schedule you for an Event. There is also no guarantee on how quickly talent buyers will respond to our emails. It all depends on the talent buyer and their response time to our inquiries. Response time varies from venue to venue and every talent buyer is different in how they prioritize their emails and Booking Requests. The response time could be minutes to days to months. Most venues book around three (3) months in advance, with some of the more trafficked venues booking six (6) to twelve (12) months in advance. Montane Booking cannot force talent buyers to respond in a timely manner. Sometimes talent buyers take a while before they respond to their inquiries. That is not necessarily a reflection on the artist, it’s just the nature of the industry. Just because show responses don’t come immediately, it doesn’t mean that they aren’t coming. You should not expect to get any responses to Booking Requests for at least three (3) to six (6) months of consistently using the Services. Using the Services for two (2) months, followed by canceling the Services, and then signing up for the Services again for one (1) month does not mean that you have used the Services for a consistent three (3) months and should expect results. You must use the Services consistently in order to see results. You will have your best chance of getting the attention of talent buyers, and getting them to respond to our Booking Requests, if you use the Services for at least three (3) to six (6) months consistently, without cancellation or interruption of the Services.

Receiving little to no interest from talent buyers in the first twelve (12) months of using the Services is not a reflection of the Services and is not a cause for cancellation of the Services. After Montane Booking has sent our Booking Requests to venues during each month of your active subscription, we have done all that we can do. Everything from that point is the responsibility of the talent buyer or the manager at the venues to which we have reached out. Many tours have been booked by sending out Booking Requests at the beginning of the year, with responses from talent buyers and venue managers first arriving in November of that same year. Do not expect responses from talent buyers within a couple of months. It does not work and it will not work like that, and unrealistic expectations will lead to issues later on.

Approval

If the Purchasers choose to respond to the Booking Requests and progress the booking process further with the Performers, the Purchasers will respond to the emails sent from the Performers email addresses. After the Performer sees the Booking Request replies, they can confirm or decline any performances or Events via emails sent to the Purchasers.

Performer’s User Account

The Performer’s user account dashboard is comprised of various tools, including:

(some tools may not be available or viewable at all times.)

      • Book a Tour (select states, performance dates, and blackout dates to begin the process of booking shows or a tour)
      • My Shows (view confirmed shows, show dates, & show information)
      • Inbox (compose new messages / reply to messages / view conversations with venues, talent buyers, & users within the app or website)
      • Artist/Band Profile (view & edit profile information)
      • Settings (account access information, notification methods, private information, payment management, Terms & Conditions, Privacy Policy, etc.)
Performer’s and Purchaser’s Obligations

These are the terms that apply to the Performer:

      • Montane Booking does not sell the services of booking Events. Montane Booking sells the services of providing the opportunities to book Events.
      • The booking of Events rely on a number of details outside the control of Montane Booking, and as such Montane Booking does not guarantee any Events to be scheduled for any users.
      • Montane Booking does not guarantee that all of the performance dates that you submit will be booked with performances or Events on those dates. You may only get scheduled for Events on a portion of the dates that you submit.
      • Montane Booking does not communicate or advance Events or Event details after the initial Booking Request has been sent. All details of Events and Event details will need to be conducted between Performer and Purchaser.
      • Do not assume that you will be able to route an entire tour when you want and on the terms that you want. There could be a variety of reasons why this is not possible. For example, you could fail to get the guarantees that you want in certain markets, making it financially difficult to play other markets and thereby impacting your entire tour schedule. Do not assume that you will be able to immediately collect your funds from the Purchaser before or after an Event. There may be a delay with regard to your access to the funds in the event that there is a cancellation. Do not take any actions in reliance on collecting any of the funds until you actually have the ability to withdraw it from your account and spend the money.
      • Do not assume that you will be paid for Events. Payment terms are up to the discretion of the Purchaser. You will need to contact the Purchaser for any details relating to payment for your performances or services.
      • Any riders, stage layouts, technical/equipment needs must be discussed between Performer and Purchaser. Montane Booking does not provide or delegate performance details relating to Performer and Purchaser needs.

These are the terms that apply when a Purchaser books an Event:

      • The Performer may need to ask the Purchaser questions about the Event. To advance the date, the Performer may need information from the Purchaser. Purchaser will need to provide the information in a reasonable amount of time.
      • Montane Booking does not communicate or advance Events or Event details after the initial Booking Request has been sent. All details of Events and Event details will need to be conducted between Performer and Purchaser.
      • Any riders, stage layouts, technical/equipment needs must be discussed between Performer and Purchaser. Montane Booking does not provide or delegate performance details relating to Performer and Purchaser needs.
  1. Actions that We Avoid and for Which We Are Not Responsible

We do not oversee the performances of any Events, and we do not mediate disputes between users, Performers, Purchasers, or otherwise.

Montane Booking is not liable for any damages or losses related to your use of the Services. We do not become involved in disputes between users and any third party relating to the use of the Services. We do not oversee the performance or punctuality of Events, and we do not endorse any content that users submit to the Site. When you use the Services, you release Montane Booking from claims, damages, and demands of every kind—known or unknown, suspected or unsuspected, disclosed or undisclosed—arising out of or in any way related to such disputes and the Services. All content that you access through the Services is at your own risk. You are solely responsible for any resulting damage or loss to any party.

Email Templates Provided by Montane Booking

In connection with Events, Montane Booking provides a basic email template, the terms of which are modified upon mutual agreement between the Purchaser and the Performer, and Performer may include a rider with additional terms (the “Forms”). The User acknowledges that Montane Booking’s provision of access to the Forms does not constitute legal advice nor does Montane Booking make any warranties or representations with respect to the Forms, and as such, the Forms are provided “as is.”

The User acknowledges that Montane Booking is not responsible for User’s compliance with any laws or regulations applicable to the Site and the services or products that it provides. Unless directed otherwise by User, User consents to Montane Booking’s publishing and using of personal email address provided by User in the Account creation process.

  1. Booking’s Fees

We have six (6) main options for paid Services that we provide, and we have monthly and yearly payment options for each of those six main options, totalling twelve (12) options. All listed prices are understood to be the price of each option before taxes and fees. The final price for each option will be greater than the listed price. The options are detailed as follows:

      • Independent
        • Monthly — $30 per month
        • Annually — $300 per year
      • Dependent
        • Monthly — $100 per month
        • Annually — $1,000 per year
      • Basic
        • Monthly — $400 per month
        • Annually — $4,000 per year
      • Advanced
        • Monthly — $800 per month
        • Annually — $8,000 per year
      • Premium
        • Monthly — $1,000 per month
        • Annually — $10,000 per year
      • Verified
        • Monthly — 20% of total gross amount paid to Performer for each performance which is booked by Montane Booking within each month
        • Annually — 10%–12% of total gross amount paid to Performer for each performance which is booked by Montane Booking within each monthThere is no fee taken out of the booking gross of the Independent, Dependent, Basic, Advanced, and Premium plans.

Creating an account on Montane Booking is free.

After you sign up for a paid plan, provide billing info, and agree to the Terms of Service, we will automatically bill you every 30 days for the same amount of money corresponding to the paid account option to which you have subscribed. If our fees ever change, we may announce that on our Site and we may send you a notification of the change. It is up to the discretion of Montane Booking if we decide to waive the announcement or notification of a pricing change. Funds paid to Montane Booking by Users are collected by payment providers. Each payment provider is its own company, and Montane Booking is not responsible for its performance.

You are solely responsible for paying any additional taxes or fees associated with your use of Montane Booking.

  1. Refund Policy
No Refund

Refunds will not be provided for any subscription, excluding in the case of an immediate upgrade to your plan. We do not provide credit, refunds, or prorated billing for any subscriptions that are active or for any subscriptions that are canceled. In such circumstances, you will continue to have access to your Subscription until the end of the monthly billing cycle. The only exception is for subscriptions that are upgraded to a higher subscription plan within the first 12 hours after taking payment for the first subscription. In such circumstances, we may refund the first payment after taking payment for the upgraded plan and the transaction is completed. Please note that each circumstance is unique and electing to make any special accommodation in one instance does not create the obligation to do so in another.

All services are sold “as-is,” and all sales are final. You assume responsibility for your purchase, and the effects of your purchase, and no refunds will be issued. No exceptions will be made. The services are typically provided within 24 hours of purchase, and in some cases sooner than 24 hours. As a result of this, Montane Booking will not refund any money after work has begun. Once the Booking Requests have been sent out by us, we are no longer bound to anything with the Account holder, as it is dependent upon the Buyer’s availability for the artist to perform, or the Buyer’s opinion on the artist in consideration. A lack of a Buyer’s interest in scheduling the artist for a performance is not a cause for refund. After the services have been provided, we have already completed our work and spent time that we have been paid for. In the event that the services have not been provided within 24 hours of receiving payment, Montane Booking still possesses the discretion to issue no refunds as per this agreement. No refunds will be issued for any canceled subscriptions. No refunds will be issued for any upgraded subscriptions more than 12 hours after payment has been taken.

As a customer you are responsible for understanding this refund policy upon purchasing any product or services at our website.

No Refund, Exchange Only

Refunds will not be provided for any subscription, excluding in the case of an immediate upgrade to your plan. We do not provide credit, refunds, or prorated billing for any subscriptions that are active or for any subscriptions that are canceled. In such circumstances, you will continue to have access to your Subscription until the end of the monthly billing cycle. The only exception is for subscriptions that are upgraded to a higher subscription plan within the first 12 hours after taking payment for the first subscription. In such circumstances, we may refund the first payment after taking payment for the upgraded plan and the transaction is completed. Please note that each circumstance is unique and electing to make any special accommodation in one instance does not create the obligation to do so in another.

All services are sold “as-is,” and all sales are final. You assume responsibility for your purchase, and the effects of your purchase, and no refunds will be issued. No exceptions will be made. You may contact us within 12 hours of the purchase date if you wish to exchange your purchase for a product of equal, lesser, or greater value. If you choose to exchange your purchase for a service of lesser value, there will be no refund issued for the difference in price. If you choose to exchange your purchase for a service of higher value, we may refund payment of the first subscription within the first 12 hours after taking payment. Refunds of the first transaction will only be provided after payment for the second transaction has been completed. The services are typically provided within 24 hours of purchase, and in some cases sooner than 24 hours. As a result of this, you must contact us within 12 hours of issuing payment to exchange or change your plan. This must be done in order to make us aware of the new arrangement before services have been provided so that we may provide the correct services that correspond to your new plan.

As a customer you are responsible for understanding this refund policy upon purchasing any product or services at our website.

  1. Other Websites

If you follow a link to another website, whatever happens there is between you and them—not us.

Montane Booking may contain links to other websites. (For instance, Event pages, user profiles, messages, and comments may link to other sites.) When you access third party websites, you do so at your own risk. We do not control or endorse those sites.

Montane Booking may partner with other companies (such as PayPal, Braintree, Stripe, and Square) for payment processing. When you accept any payment terms through Montane Booking, you are also agreeing to the payment processor’s terms of service.

  1. User’s Intellectual Property

We do not own anything that you post on Montane Booking. But anything that you post, you are giving us permission to use or copy it however we need in order to run the Site, or show people what is happening on the Site. We may use this to promote Events and showcase our community on the website. You are responsible for the content that you post, and you are warranting and representing your permission of our use.

Montane Booking does not own content that you submit to us (your “Content”). But we do need certain licenses from you in order to perform our Services. When you execute the creation of any account on the Site, you agree to these terms:

      • We can use the content that you have submitted. You grant to us, and others acting on our behalf, the world-wide, no-exclusive, perpetual, irrevocable, royalty-free, transferable, sub-licensable right to use, exercise, commercialize, and exploit the copyright, publicity, trademark, and database rights with respect to your Content.
      • When we use the content we can make changes (i.e. editing or translating). You grant us the right to edit, modify, reformat, excerpt, delete, or translate any of your Content.
      • You will not submit content for which you do not hold the copyright, unless you have obtained permission. Your Content will not contain third-party copyrighted material, or material that is subject to other third-party proprietary rights, unless you have permission from the rightful owner of the material, or you are otherwise legally entitled to post the material, and as such are granting Montane Booking all of the licensing rights of which are outlined here.
      • Any royalties or licensing on your Content are your responsibility. You will pay all royalties and other amounts owed to any person or entity based on your Content, or on Montane Booking’s hosting of that Content.
      • You promise that if we use your Content, we are not violating your own, or anyone else’s, rights or copyrights. If Montane Booking or its users exploit or make use of your submission in that ways contemplated in the User Agreement, you promise that this will not infringe or violate the rights of any third party, including, without limitation, any privacy rights, publicity rights, copyrights, contract rights, or any other intellectual property or proprietary rights.
      • You are responsible for the content that you post. All information submitted to the Site, whether publicly posted or privately transmitted, is the sole responsibility of the person from whom that content originated.
      • We are not responsible for mistakes in your content. Montane Booking will not be liable for any errors or omissions in any content.
  1. Montane Booking’s Intellectual Property

The content on Montane Booking is protected in various ways. You do have the right to use it for certain personal purposes, but you cannot use it for anything commercial without obtaining prior written permission from Montane Booking or the relevant copyright holder.

Montane Booking’s Services are legally protected in various ways, including copyrights, trademarks, service marks, patents, trade secrets, and other rights and laws. You agree to respect all copyright and other legal notices, information, and restrictions contained in any content accessed through the Site. You also agree not to change, translate, or otherwise create derivative works of the Service.

Montane Booking grants you license to reproduce content from the Services for personal use only. This license covers both Montane Booking’s own protected content and user-generated content on the Site (This license is world-wide, non-exclusive, non-transferable, and non-sub-licensable.) If you want to use, reproduce, modify, distribute, or store any of this content for a commercial purpose, you need prior written permission from Montane Booking or the relevant copyright holder. A “commercial purpose” means that you intend to use, sell, license, rent, or otherwise exploit content for commercial use, in any way.

You are not granted permission to collect or store any venue or talent buyer contact information that you obtain through Montane Booking or its services. You will not gather information used on this Site for competitive use or distribution. Any failure to comply with this will be pursued to the full extent of the law.

  1. Handling of Copyright Issues

We comply with the Digital Millennium Copyright Act. To learn more about how we deal with claims of copyright infringement, email us at contact@montanebooking.com.

The Digital Millennium Copyright Act lays out a system of legal requirements for dealing with allegations of copyright infringement. Montane Booking complies with the DMCA, and we respond to notices of alleged infringement if they comply with the law and the requirements set forth in our Copyright Policy. We reserve the right to delete or disable content alleged to be infringing, and to terminate accounts for repeat infringers. (We do this when appropriate and at our sole discretion.)

If you would like to submit a claim of copyright infringement, email us at contact@montanebooking.com. Our designated agent for notice of alleged copyright infringement is:

      • Montane Booking, LLC
      • Attn: Copyright Agent
      • contact@montanebooking.com
  1. Canceling User Account

You may cancel your account at any time. Canceling your account will not remove content that you have already posted.

You can terminate your account at any time. All provisions of this agreement survive termination of an account, including our rights regarding any content that you have already submitted to the Site.

To cancel your account on the Montane Booking website, you must first navigate to the “Account Info” page, which is where you can end your current subscription under the ‘Subscription’ tab. Click “Cancel Subscription” to stop any further recurring payments. You will still have access to that level’s features until the billing cycle has ended.

In order for a cancellation to be approved, after you have followed the above steps, you must send an email to contact@montanebooking.com alerting our Cancellations Team of your intentions with the account cancellation. Failure to do so is a forfeiture of your right to cancel for the corresponding month and will result in no cancellation, with payment continuing to be processed and services continuing to be provided.

  1. Our Rights

In order to operate, we need to be able to maintain control over what happens on our website. We reserve the right to make decisions to protect the health and integrity of our system. We do not take these powers lightly, and we only use them when we absolutely must.

Montane Booking reserves these rights:

      • We reserve the right to make changes to the Montane Booking Site and Services without notice or liability.
      • We reserve the right to decide who is eligible to use Montane Booking. We can cancel accounts or decline to offer our Services. (Especially if you are abusing the Site or its Services.) We reserve the right to change our eligibility criteria at any time. If any of these actions are prohibited by law where you live, then we revoke your right to use Montane Booking in that jurisdiction.
      • We reserve the right to cancel any Event, at any time and for any reason.
      • We reserve the right to reject, cancel, interrupt, remove, or suspend any Event at any time and for any reason.
      • We reserve the right to attempt charges for up to 6 months after a failed payment occurs.

Montane Booking is not liable for any damages as a result of any of the actions listed above, and it is our policy not to comment on the reasons for any such action.

  1. Failed Payment

We work to provide users with the best experience possible, but must enforce certain policies to ensure fair compensation for our efforts and the work that we fulfill every day for our users. Customers are expected to pay all invoices on the designated due date that is set forth by the 30-day renewal of our monthly Artist Accounts, and the 365-day renewal for our yearly Artist Accounts.

Failed charge attempts will result in an increasing level of consequences for each failed attempt. Charges will be retried every 3 days for up to 6 months after the first failed payment. The first failed payment will result in no consequences. A second failed payment will result in a 10% late fee being charged in addition to the cost of the Artist Account plan to which the user is subscribed. A third failed payment will result in legal ownership and licensing rights to the artist’s entire catalog of songs, as well as any material written by the artist for the following five (5) years from the date of attempted collection, transferring to Montane Booking. The artist agrees to remove all material from online sale and from all online streaming services (including, but not limited to, Spotify, Apple Music, iTunes, Amazon Music, Google Play, BandCamp, SoundCloud, ReverbNation, Indie on the Move, and the artist’s website). Montane Booking will relinquish ownership and licensing rights only after payment for the missed charges, as well as any late fees, is successfully processed.

  1. Warranty Disclaimer

We work hard to provide you with great services, but we cannot guarantee that everything will always work perfectly and without flaw. This Site is presented as-is, without warranties.

You use our Services solely at your own risk. The Services are provided to you “as-is” and “as available” and without warranty of any kind, express or implied.

MONTANE BOOKING SPECIFICALLY DISCLAIMS ANY AND ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES IMPLIED BY ANY COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE OF TRADE. NO ADVICE OR INFORMATION (ORAL OR WRITTEN) OBTAINED BY YOU FROM MONTANE BOOKING SHALL CREATE ANY WARRANTY.

You hereby acknowledge and agree that Montane Booking will not be liable for any temporary delay, outages, or interruptions of the Services. Further, Montane Booking shall not be liable for any delay or failure to perform its obligations under this Agreement, where such delay or failure results from any act of God or other cause beyond its reasonable control (including, without limitation, any mechanical, electronic, communications, or third-party supplier failure). You hereby acknowledge and agree that Montane Booking reserves the right to temporarily suspend Services for the purposes of maintaining, repairing, or upgrading its systems and network. Montane Booking may use reasonable efforts to notify you of pending maintenance. However, at no time is Montane Booking under any obligation to inform you of such maintenance.

We advise you to seek independent legal counsel with regard to the interpretation of this Agreement and with regard to any content, forms, and other materials in connection herewith. You have either done so or refrained therefrom in your sole discretion.

  1. Indemnification

If you do something on Montane Booking that causes us to be sued, then you must help defend us.

If you do something that causes us to be sued, or if you break any of the promises that you make in this agreement, then you agree to defend, indemnify, and hold us harmless from all liabilities, claims, and expenses (including reasonable attorneys’ fees and other legal costs) that arise from, or relate to, your use or misuse of Montane Booking, without limitation. This provision extends to third-party claims in connection with User-generated content and claims by either Performer and/or Purchaser with regard to an alleged breach of contract by one or the other, or both, and any ancillary claims in connection therewith, etc.

We reserve the right to assume the exclusive defense control of any matter otherwise subject to this indemnification clause, in which case you agree that you will cooperate and help us in asserting any defenses.

  1. Limitation of Liability

If your use of Montane Booking results in any bad action or activity, then we are not liable (beyond a small amount).

To the fullest extent permitted by law, in no event will Montane Booking, its parents, advertisers, advertising agencies, affiliates, agents, assigns, attorneys, consultants, content providers, contracting parties, directors, employees, officers, partners, predecessors, producers, representatives, shareholders, sponsors, subsidiaries, successors in interest, or suppliers be liable for any indirect, incidental, punitive, consequential, special, or exemplary damages of any kind, including but not limited to damages (i) resulting from your access to, or inability to access or use the Services; (ii) for any lost profits, data loss, or cost of procurement or substitute goods or services; or (iii) for any conduct of content of any third party on the Site. In no event shall Montane Booking’s liability for direct damages be in excess of (in the aggregate) one hundred U.S. dollars ($100.00).

  1. Your Additional Obligations and Warranties

19.1. You agree and warrant that the contact information you have provided to Montane Booking is complete and accurate, and you further agree to notify Montane Booking within fifteen (15) days of a change to any such contact information. Contact information includes your full legal name, e-mail address, and mailing address and the name, mailing address, telephone number, facsimile number, and e-mail address of the technical and administrative contacts for your domain, if any.

You acknowledge and agree that you shall adopt the role of Designated Agent and you warrant that you either are the registered name holder or are authorized to represent the registered name holder.

19.2. You agree and warrant that your use of the Montane Booking, LLC Services and Montane Booking’s Equipment, and all sales and distributions, by any and all means, of any type(s) of Content including, but not limited to, executable files (such as .EXE), digitized audio/visual files (such as MP3), or archived copies of copyrighted works (such as .ZIP); goods, including, but not limited to, videotapes and CD-ROM products, and any type of services by you, which are advertised and/or promoted by, or are in any other way directly or indirectly associated with your use of the Montane Booking, LLC Services or Montane Booking Equipment, shall at all times comply with all applicable Laws.

19.3. You agree and warrant that you will neither store on nor allow to be transmitted by Montane Booking’s Equipment any data or other matter which constitutes, contains, or links to child pornography or which involves depictions of sexuality by someone who is or looks younger than eighteen years of age, regardless of their actual age, or by a performer who is portrayed or made to appear as a person under the age of eighteen years of age, or which could otherwise result from or cause harm to minors.

19.4. You agree and warrant that Your Data shall be solely for business, entertainment, and/or educational purposes and that you shall assume the sole responsibility and duty to ensure that all such data, visual materials, advertising and other matter shall be transmitted exclusively to willing adults and only to places in which such materials comply with contemporary community standards.

19.5. You agree and warrant that Your Data shall not violate any Laws concerning obscenity and shall not contain or link to any pornography, or depictions of bestiality, rape, sexual assault, violence, torture or disfigurement, or other content deemed objectionable by Montane Booking, in its sole discretion.

19.6. You agree that if, in Montane Booking’s sole and exclusive judgment, Montane Booking concludes that your email communications display, contain or link to any harmful matter or indecent materials or communications which are available to, or accessible by, minors, or displays or contains any material that consists of child pornography or which could otherwise result in harm to minors; then Montane Booking may, without prior notice to you and in Montane Booking’s sole and exclusive discretion, disable your access to your email address provided to you by Montane Booking, without any liability of any kind to Montane Booking from either you or any third party.

19.7. You agree that in the event that Montane Booking is informed by any party that your email account actions infringe the copyright of any party, or violate the right of publicity or privacy of any party, or consists of any other claim or violation of intellectual property rights of any kind, then Montane Booking may, without prior notice to you and in Montane Booking’s sole and exclusive discretion, disable your access to your email address provided to you by Montane Booking and/or terminate this Agreement, without any liability of any kind to Montane Booking from either you or any third party. You waive any and all claims you may have, now and forever, against Montane Booking relating to any action taken in response to the claim that you have infringed the intellectual property rights of a third party, and agree to indemnify and hold harmless Montane Booking from and against any such claims.

19.8. You affirmatively represent, agree, and warrant that you have and at all times shall have all necessary intellectual property rights, including, but not limited to, all copyrights, trademark, and service mark rights and rights of publicity, both in the United States and throughout the world, to reproduce and disseminate, via the Internet, Your Data or Content which you otherwise promote, advertise, disseminate and/or distribute to anyone by your direct or indirect use of the Montane Booking, LLC Services or Montane Booking’s Equipment, prior to and at all times during the time such materials are promoted, advertised, disseminated, or distributed through any direct or indirect use of the Montane Booking, LLC Services or Montane Booking’s Equipment.

Montane Booking shall not be liable for any claim of unfair competition, violation of publicity or privacy, infringement of trademark, copyright, or any other intellectual property rights that is the result of your failure to have or obtain the appropriate permission to use Content when using the Montane Booking, LLC Services, including but not limited to content and images within the actions of your email account. It is your responsibility to ensure that any images and other Content are used in full compliance with any third party license, these Terms of Service, and any applicable laws.

19.9. You agree and warrant that Your Data shall not constitute or contain or link to material which is libelous, slanderous, defamatory, or which will violate or infringe upon or will otherwise give rise to any adverse claim with respect to any common law or other right of any person or other entity, including, without limitation, privacy rights and all other personal and proprietary rights. You agree not to collect the personally identifiable data of any person without that person's consent, records of which shall be maintained throughout the term of this Agreement and for three years afterward. If you collect this data through your email address provided to you by Montane Booking, you shall do so only pursuant to a posted privacy policy disclosing any and all uses of such identifiable data and in compliance with applicable law.

19.10. You agree and warrant that Your Data shall not contain or link to any material which is harmful, violent, threatening, abusive, hateful or in any way discriminatory.

19.11. You agree and warrant that Your Data and any and all material(s) of every kind which you transmit using Montane Booking’s Services or Equipment shall at all times be free from any and all damaging software defects, including, but not limited to, software "viruses," "worms," "Trojan Horses," and other source code anomalies, which may cause software or hardware disruption or failure, reduced computer operating speed, or compromise any security system. You agree that you will not attempt to access the Montane Booking Equipment or Website or another user’s email address without authorization, or use the Montane Booking, LLC Services to carry out, or assist in the carrying out of, any "denial of service" attacks on any other website or internet service.

19.12. You agree and warrant that you shall not use any form of mass unsolicited electronic mail solicitations, newsgroup postings, IRC posting or any other form of "spamming," "phishing," or "mail bombing," and Montane Booking reserves the right to block mail from any source which Montane Booking believes, in its sole discretion, is being used to send such unsolicited e-mail, including but not limited to open mail relays. You agree and warrant that you shall not use or register mailboxes that are part of a hosting package as email services that are not related to a website or to re-sell such email services.

19.13. You agree and warrant that you shall not engage in any false, deceptive, or fraudulent activities in association with your use of the Montane Booking, LLC Services or Montane Booking’s Equipment.

19.14.  You agree to comply with all Laws rules regarding online conduct and acceptable Content.

19.15. You represent and warrant that you are not a national or resident of Burma/Myanmar, Cuba, Iran, Iraq, Libya, North Korea, Serbia, Sudan, and Syria or any other country subject to U.S. Treasury Department embargo restrictions, and that you are not listed in the "Entity List" or "Denied Persons List" maintained by the US Department of Commerce or the list of "Specially Designated Nationals and Blocked Persons'' maintained by the US Department of Treasury. You further acknowledge that you are not a national or resident of a country whose name is otherwise omitted from the registration form for Montane Booking, LLC Services. Residents of countries which are serviced by a Montane Booking affiliate are required to contract with those Montane Booking affiliates, and you represent and warrant that you are not a resident of one of those countries.

19.16. You agree not to use your IMAP account for the storage of files other than in the course of normal e-mail usage.

19.17. You shall not operate a chat room using the email address which uses our domain, which is assigned to you by Montane Booking.

  1. Montane Booking Has Made No Representations Regarding Success, Markets, or Profitability

20.1. You confirm that you have unilaterally decided to enter the online and/or Entertainment service business and that these are high risk businesses. You further confirm, understand, acknowledge, and expressly agree that neither Montane Booking, any agent or representative of Montane Booking, nor any other person is currently representing or otherwise directly or indirectly communicating in any manner herein or otherwise, nor has at any time in the past, represented to you or has otherwise directly or indirectly communicated in any manner to you any guarantee, reassurance, or any other communication of any kind regarding:

20.1.1. the potential profitability, marketability, or likelihood of success of your endeavors through the use of the Montane Booking, LLC Services or Montane Booking’s Equipment as set forth herein or otherwise;

20.1.2. the possibility or likelihood that use of any products and/or services provided by Montane Booking pursuant to this Agreement can or will result in the recoupment of any funds expended by you for any purpose; or

20.1.3. the existence, nonexistence, size, or any other characteristics of any market for any products or services which involve your use, in any manner, of the Montane Booking, LLC Services or Montane Booking’s Equipment pursuant to this Agreement.

20.2. You expressly acknowledge and agree that the success of any business endeavors which involve your use, in any manner, of the Montane Booking, LLC Services and/or Montane Booking’s Equipment pursuant to this Agreement, like any other business endeavor, is subject to numerous factors, such as the effectiveness of its advertising and promotion, your administrative capabilities, etc., and that the ultimate success or failure of your business rests with you and not Montane Booking. You further expressly agree not to raise any claim of any kind against Montane Booking and to hold Montane Booking harmless from any claim of financial investment or other loss to you directly or indirectly resulting from your decision to use the Montane Booking, LLC Services and/or Montane Booking’s Equipment pursuant to this Agreement.

  1. Contact Confidentiality

All contact from Montane Booking to users, whether written or oral, is intended only for the use and viewing of the individual or entity to which it is addressed and may contain information that is privileged, confidential, and exempt from disclosure under applicable law. The receiver of the contact message is prohibited from sharing any content of the message, whether the exact message, a copy of the message, or a photo or recording of the message, with anybody who is not the intended recipient. You are hereby notified that any dissemination, distribution, or copying of any communication is strictly prohibited. Any failure to comply with this will be pursued to the full extent of the law.

  1. Governing Law; Dispute Resolution

We are located in Athens, Georgia, and any disputes with us must be handled in a federal or state court located in Athens, Georgia under Georgia law. You agree to submit to personal jurisdiction in said courts.

We at Montane Booking encourage you to contact us if you are having an issue, before resorting to the courts. In the unfortunate situation where legal action does arise, these Terms (and all other rules, policies, or guidelines incorporated by reference) will be governed by and construed in accordance with the laws of the State of Georgia and the United States, without giving effect to any principles of conflicts of law, and without application of the Uniform Computer Information Transaction Act or the United Nations Convention of Controls for International Sale of Goods. You agree that Montane Booking and its Services are deemed a passive website that does not give rise to jurisdiction over Montane Booking or its parents, advertisers, advertising agencies, affiliates, agents, assigns, attorneys, consultants, content providers, contracting parties, directors, employees, officers, partners, predecessors, producers, representatives, shareholders, sponsors, subsidiaries, successors in interest, or suppliers, either specific or general, in any jurisdiction other than the State of Georgia. You agree that any action at law or in equity arising out of, or relating to, these Terms, or your use or non-use of Montane Booking, shall be filed only in the state or federal courts located in Clarke County in the State of Georgia, and you hereby consent and submit to the personal jurisdiction of these courts for the purposes of litigating any such action. You hereby irrevocably waive any right that you may have to trial by jury in any dispute, action, or proceeding.

  1. Miscellaneous

These Terms and the other material referenced in them are the entire agreement between you and Montane Booking with respect to the Services. These Terms supersede all other communications and proposals (whether oral, written, electronic, or otherwise) between you and Montane Booking with respect to the Services, and govern our present and future relationship. If any provision of these Terms is found to be invalid under the law, that provision will be limited or eliminated to the minimum extent necessary so that the Terms otherwise will remain in full force and effect, and enforceable. The failure of either you or Montane Booking to exercise any right provided for in these Terms in any way will not be deemed a waiver of any other rights.

These Terms are personal to you. You cannot assign, transfer, or sub-license these Terms unless you get Montane Booking’s prior written consent. Montane Booking has the right to assign, transfer, or delegate any of its rights and obligations under these Terms without your consent. Montane Booking will provide you notice via email, written notice, or by conspicuously posting the notice on our Site.

  1. Feedback and Information

Any feedback that you provide at this site shall be deemed to be non-confidential. Montane Booking shall be free to use such information on an unrestricted basis.

The information contained in the website is subject to change without notice.

Copyright © 2023 Montane Booking, LLC All rights reserved.

Montane Booking, LLC, Athens, GA 30606, USA

  1. Contact

If there are any questions regarding these Terms and Conditions, you may contact us using the information below.

      • Montane Booking, LLC
      • contact@montanebooking.com
      • Athens, GA 30606
      • United States

Updated July 11, 2023