We bring venues and touring artists together by creating an effective and seamless conversation.
SMARTGIG helps you confidently manage every stage of the booking process—from negotiating the offer to showtime.
Our solution not only allows artists to connect with promoters, it also presents your artistry, technical requirements, and brand image all in one place.
Our solution is free to join and free to use. Sign up to access the new way of booking shows.
Using our platform, promoters see all the necessary information needed to make your next offer. Once the offer is received, we help you organize the details so your focus can be towards the music you care most about.
Bogged down by emails and calls from agents or artists? Manage every request like a pro. Automatically funnel all requests into our artist manager. Create offers for the ones you like, hide the ones don't. Clean, easy, simple.Sign Up now
Thank you for visiting SMARTGIG. www.smartgig.co is governed by these Terms and Conditions (“Terms and Conditions”). Please read them carefully.
SMARTGIG, LLC. a Tennessee corporation, is a provider of booking services to both musical artists and musical venues.
Any reference in these Terms and Conditions to “SMARTGIG”, “us”, “our” or “we”, shall refer to SMARTGIG, LLC. according to the entity providing the SMARTGIG Booking Services to the User or to the Referred Venue that shall register with SMARTGIG as a result of a referral under the Program, as applicable. Any reference to “SMARTGIG Booking Services” shall refer to the products and services and any other features, and functionalities offered by us on our website at www.smartgig.co or through any other means.
SMARTGIG has created an online marketplace for musical groups, solo performers, for-hire musicians, musical artists and other talent (“Artist”) in search of opportunities to perform public or private engagements, including without limitation, nightclubs, venues, halls, churches, universities, military bases and any other locations in the United States, where performers perform professionally (“Venues”). Artists who are registered members can direct potential promoters, talent buyers, venues and other purchasers (“Venues”) to the Artists’s respective public profile through the Artist’s unique URL. Other visitors, including music industry professionals may browse SMARTGIG. Collectively, visitors, Purchasers and Performers are referred to herein as “users or “you”. Venues in turn have the ability to contact Artists to enter into a performance agreement for a single or multiple event occasion.
SMARTGIG is for your personal, non-commercial use, except as otherwise provided below in sections 4 and 5.
To sign up for a SMARTGIG account as a registered member, you must be 18 or over. You are responsible for your account and all the activity on it.
In order for a Venue and Artist to engage in the conduct of booking Events, both the Venue and Artist must be a registered member.
You can browse smartgig.co without registering for an account. But to use SMARTGIG’s functions with regard to Events, you’ll need to register, provide your first and last name, valid email address, and set a password. When you do that, the information you give us has to be accurate and complete. Do not impersonate anyone else or choose names that are offensive or that violate anyone’s rights. If you do not follow these rules, we may cancel your account.
You are responsible for all the activity on your account, and for keeping your password confidential. If you find out that someone’s used your account without your permission, you should report it to email@example.com.
To sign up for an account as a registered member, you need to 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.
This section is a list of actions that are not allowed in conjuction of the use of this site and all related applications. These actions include but are not limited to lying, breaking city, state and federal laws, abusing people, stealing data, and hacking other people’s computers and information. Do not engage in this conduct. We expect everyone to be respectful, responsible and professional at all times. For avoidance of doubt, do not do any of these things on the Site and all related Applications to the Site:
This section explains the relationship between Performers (Artists) and Purchasers (Venues) with respect to booking Events, and who’s responsible for what. This section describes what you are both agreeing to when a Purchaser books the services of a Performer with respect to an Event. These terms are set forth in the sample template “Purchaser Agreement” provided for your convenience on the Site.
How an Agreement is Formed
SMARTGIG provides a marketplace platform for Performers and Purchasers of Performer’s services. When a Performer creates an account and provides a list of availability with respect to an Event on SMARTGIG’s Site, the Performer is inviting potential Purchasers to form a contract with the Performer. Any Purchaser who makes an offer with regard to a Performer’s Event availability, which is accepted by the Performer via the SMARTGIG Site, forms a binding contract.
SMARTGIG is NOT a party to this contract — the Purchase Agreement is a direct legal agreement between Performers and Purchasers.
Once an Event is booked and the Purchase Agreement is executed and if applicable to the specific agreement the deposit is received by SMARTGI, the Performer is required to fulfill its contractual obligations under the Purchase Agreement. Once a Performer has done so, they’ve satisfied their obligations to the respective Purchaser.
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’s a chance 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:
This section goes over the details of booking Events in general and things like: (a) how purchase agreements are made with regard to an offer, a counter offer and acceptance of an offer; (b) whether offers can be changed or canceled; (c) how Purchasers can get a full or partial refund; (d) how Purchasers can forfeit their deposit and be liable for a full payment, and force majeure events.
The entire booking process is managed through the Site. Performers in search of Events, use the SMARTGIG platform to grow business, in an efficient, effective, and organized manner. Performers and SMARTGIG internal process 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 deposit, for each Event.
THE BOOKING PROCESS
Traffic to the Site will be via unique links embedded within the Booking or Inquiries section of a Performer’s designated web presence. This unique link from a Performer’s designated site opens the Performer’s public SMARTGIG profile page to the Purchaser. The Purchaser has the opportunity to: (a) view general information regarding the Performer (name, photo, social media account stats, upcoming and past event bookings, bio, technical requirements and genre(s).); (b) submit an offer.
The Offer Sheet is comprised of various fields which the Purchaser is required to complete with the information necessary for submission, including event details, Purchaser and venue information, and Performer’s fees and provisions. Submission of the Offer Sheet sets into motion various actions for both the Purchaser and the Performer. The first, being a simultaneous communication. The Purchaser receives a confirmation email from SMARTGIG of the Offer Sheet submission, and the Performer receives a communication directing him/her to the contained the terms of the Offer Sheet. The communication method to the Performer from SMARTGIG will be push notification to their specific account on the Site and sent emails alerting each party to these notifications. The notification to the Performer of a Pending Offer is sent with a link back to the Performer’s private user Dashboard. Through the Performer’s user Dashboard, the Performer is able to view the details of the Offer Sheet, including pricing, location, time, and other pertinent variables. Upon review, with one click, a Performer can approve, decline, or counter this offer.
Upon the submition of the offer, the Purchaser has up to 1 hour (60 minutes) to exercise the option to adjust any of the terms within the offer as long as the Performer has not responded to the offer by accepting, declining or countering the terms of the agreement. If after 1 hour (60 minutes) from the time of the offer being submitted and the Purchaser does not exercise their right to adjust the offer, the current details of the offer are finalized and can then only be adjusted by a counter offer from the respective Performer.
Every offer includes the optional right, exercisable only by the Performer, to counter certain terms to the offer. The terms are limited to the guarantee amount, ticket split percentage amount, air travel provision amount, meal provision, backline provision, lodging provision, production provision, ground travel provision and merch fee percentage amount. If the Performer exercises such rights and submits the counter offer, the Purchaser will have untill the set expiration date of the offer to either accept or deny the new terms of the countered offer. A number of processes are set in motion once the Performer submits the countered details. The Offer will remain under the "Pending Offers" folder with each user's Dashboard with the activity now set at "Countered". Each user will be notify by email and a push notification to their Site account. The Purchaser will select the appropriate link within the email that will open the appropriate response/confirmation page.
If the Purchaser chooses to decline the offer, the Purchaser will select the “Decline” button. A form will appear with only one field, asking the Purchaser to state their reasoning for declining Performer's Offer. Once completed, this information will be sent to the Performer through SMARTGIG’s internal message system and the Offer Sheet is moved from the "Pending" folder to the Performer’s “Declined” offers folder.
If the Performer chooses to approve the terms of the Offer Sheet or if the Purchaser chooses to approve the terms of the counter offer from the Performer, a number of processes are set in motion. From the Performer’s user Dashboard, this Offer Sheet is moved from the “Pending Offers” folder on the Performer’s Dashboard, to the Performer’s “Upcoming Bookings" folder. From the Purchaser’s user Dashboard, an email is generated through SMARTGIG and sent to the Purchaser. Only upon confirmation of the agreed upon offer, is the identity (First and Last Name) and contact information of each user (email address) is provided to both parties. The Performer Rider will also be provided by the Performer at the approval of the offer.
SMARTGIG provides a standard music industry event contract referred to herein as the “Purchase Agreement”. This Purchase Agreement is personalized for each offer submitted with the appropriate show information (Performer, Purchaser, Date, etc.). If applicable, the required guarantee must be submitted through SMARTGIG from the Purchaser in order to complete the required steps. SMARTGIG offers third party payment options paid through STRIPE, the Purchaser will receive a confirmation email, which will include a link to view the agreed contract and receipt of deposit.
All guarantee fees will be paid through SMARTGIG and are fully refundable if the Performer does not meet all the terms of the Purchaser Agreement. The refund will be paid back to the Purchaser upto 30 days after the show event date stated in the Purchaser Agreement.
If the Performer chooses to decline the offer, the Performer will select the “Decline” button. A form will appear with only one field, asking the Performer to state their reasoning for declining Purchaser’s Offer or Purchaser’s counter offer to the Counter Offer. Once completed, this information will be sent to the Purchaser through SMARTGIG’s internal message system and the Offer Sheet is moved from the "Pending" folder to the Purchaser’s “Declined” offers folder.
Artists’S USER ACCOUNT
The Artist’s user account dashboard is comprised of various tools, including:
We do not oversee the performance of any Events, and we do not mediate disputes between users, Purchasers, Performers or otherwise.
SMARTGIG isn’t liable for any damages or losses related to your use of the Services. We do not become involved in disputes between users, or 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 users submit to the Site. When you use the Services, you release SMARTGIG 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 you access through the Services is at your own risk. You’re solely responsible for any resulting damage or loss to any party.
Forms Provided by SMARTGIG
In connection with Events, SMARTGIG provides a basic 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 SMARTGIG's provision of access to the Forms does not constitute legal advice nor does SMARTGIG make any warranties or representations with respect to the Forms, and, as such, they are provided “AS IS.”
Furthermore, the User acknowledges that SMARTGIG is not responsible for User’s compliance with any laws or regulations applicable to the Site and the services or products it provides. SMARTGIG will automatically publish the Forms on the Site in connection with Events. At any time, User may request to replace the Forms with documents the User wishes to publish. To do so, User must upload to their account profile new rider and any additional terms that the User deems important. Unless directed otherwise by User, User also consents to SMARTGIG’s publishing the personal email address provided by User in the Forms.
We charge $39 (booking fee) per event booked payable by the Artist at the time terms have been agreed upon. Paying the booking fee by the Artist is the final step to agreeing to the terms set forth within the Purchasers Agreement.
Creating an account on SMARTGIG is free.
We will not collect any fees without giving you a chance to review and accept them. If our fees ever change, we’ll announce that on our Site. Some funds paid by Purchasers are collected by payment providers. Each payment provider is its own company, and SMARTGIG isn’t responsible for its performance.
You’re solely responsible for paying any additional fees or taxes associated with your use of SMARTGIG.
If you follow a link to another website, what happens there is between you and them — not us.
SMARTGIG may contain links to other websites. (For instance, Event pages, user profiles, 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.
SMARTGIG partners with other companies (such as Stripe and AWS) payment processing. When you accept an Offer Sheet in connection with an Event, you are also agreeing to the payment processor’s terms of service.
We do not own the items you post or link to on SMARTGIG. But when you post it, you are giving us permission to use or copy it however we need in order to run the Site, or show people what’s happening on it. (We generally just use this to promote Events and showcase our community on the website.) You’re responsible for the content you post, and you are warranting and representing to us that it’s all okay to use.
SMARTGIG doesn’t own content you submit to us (your “Content”). But we do need certain licenses from you in order to perform our Services. When you execute a Purchaser Agreement, you agree to these terms:
The content on SMARTGIG is protected in various ways. You do have the right to use it for certain personal purposes, but you can’t use it for anything commercial without getting permission first.
SMARTGIG’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.
SMARTGIG grants you a license to reproduce content from the Services for personal use only. This license covers both SMARTGIG’s own protected content and user-generated content on the Site. (This license is worldwide, non-exclusive, non-sublicensable, and non-transferable.) If you want to use, reproduce, modify, distribute, or store any of this content for a commercial purpose, you need prior written permission from SMARTGIG or the relevant copyright holder. A “commercial purpose” means you intend to use, sell, license, rent, or otherwise exploit content for commercial use, in any way.
We comply with the Digital Millennium Copyright Act. To learn more about how we deal with claims of copyright infringement, email us at firstname.lastname@example.org
The Digital Millennium Copyright Act lays out a system of legal requirements for dealing with allegations of copyright infringement. SMARTGIG 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’d like to submit a claim of copyright infringement, email us at email@example.com. Our designated agent for notice of alleged copyright infringement is:
Attn: Copyright Agent
You can delete your account at any time. Deleting your account won’t make content you’ve already posted go away.
You can terminate your account at any time. All provisions of this agreement survive termination of an account, including our rights regarding any content you’ve already submitted to the Site.
To delete your account, email firstname.lastname@example.org with the subject "Delete Account".
To operate, we need to be able to maintain control over what happens on our website. So in this section, 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 have to.
SMARTGIG reserves these rights:
We work hard to provide you with great services, but we can’t guarantee everything will always work perfectly. This site is presented as-is, without warranties.
You use our Services solely at your own risk. They are provided to you “as is” and “as available” and without warranty of any kind, express or implied.
SMARTGIG 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 SMARTGIG SHALL CREATE ANY WARRANTY.
You hereby acknowledge and agree that SMARTGIG will not be liable for any temporary delay, outages or interruptions of the Services. Further, SMARTGIG 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 SMARTGIG reserves the right to temporarily suspend Services for the purposes of maintaining, repairing, or upgrading its systems and network. SMARTGIG may use reasonable efforts to notify you of pending maintenance. However at no time is SMARTGIG 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.
You agree to indemnify and hold SMARTGIG and its affiliates and their officers, directors, employees, and agents harmless from any and all claims, demands, losses, liabilities, and expenses (including attorneys' fees), arising out of or in connection with: (i) your use of the Services or services or goods obtained through your use of the Services; (ii) your breach or violation of any of these Terms; (iii) SMARTGIG's use of your User Content; or (iv) your violation of the rights of any third party, including Third Party Providers.
SMARTGIG SHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOST DATA, PERSONAL INJURY, OR PROPERTY DAMAGE RELATED TO, IN CONNECTION WITH, OR OTHERWISE RESULTING FROM ANY USE OF THE SERVICES, REGARDLESS OF THE NEGLIGENCE (EITHER ACTIVE, AFFIRMATIVE, SOLE, OR CONCURRENT) OF SMARTGIG, EVEN IF SMARTGIG HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
SMARTGIG SHALL NOT BE LIABLE FOR ANY DAMAGES, LIABILITY OR LOSSES ARISING OUT OF: (i) YOUR USE OF OR RELIANCE ON THE SERVICES OR YOUR INABILITY TO ACCESS OR USE THE SERVICES; OR (ii) ANY TRANSACTION OR RELATIONSHIP BETWEEN YOU AND ANY THIRD PARTY PROVIDER, EVEN IF SMARTGIG HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SMARTGIG SHALL NOT BE LIABLE FOR DELAY OR FAILURE IN PERFORMANCE RESULTING FROM CAUSES BEYOND SMARTGIG'S REASONABLE CONTROL.
THE LIMITATIONS AND DISCLAIMER IN THIS SECTION DO NOT PURPORT TO LIMIT LIABILITY OR ALTER YOUR RIGHTS AS A CONSUMER THAT CANNOT BE EXCLUDED UNDER APPLICABLE LAW. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, SMARTGIG’S LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW. THIS PROVISION SHALL HAVE NO EFFECT ON SMARTGIG’S CHOICE OF LAW PROVISION SET FORTH BELOW.
We’re located in Nashville, Tennessee, and any disputes with us have to be handled in a federal or state court located in Nashville, Tennessee under Tennessee law. You agree to submit to personal jurisdiction in said courts.
We at SMARTGIG 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 Tennessee 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 SMARTGIG and its Services are deemed a passive website that does not give rise to jurisdiction over SMARTGIG or its parents, subsidiaries, affiliates, assigns, employees, agents, directors, officers, or shareholders, either specific or general, in any jurisdiction other than the State of Tennessee. 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 SMARTGIG, shall be filed only in the state or federal courts located in Davidson County in the State of Tennessee, 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 you may have to trial by jury in any dispute, action, or proceeding.
These Terms and the other material referenced in them are the entire agreement between you and SMARTGIG with respect to the Services. They supersede all other communications and proposals (whether oral, written, or electronic) between you and SMARTGIG 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 SMARTGIG to exercise any right provided for in these Terms in any way won’t be deemed a waiver of any other rights.
These Terms are personal to you. You can’t assign them, transfer them, or sublicense them unless you get SMARTGIG’s prior written consent. SMARTGIG has the right to assign, transfer, or delegate any of its rights and obligations under these Terms without your consent. SMARTGIG will provide you notice via email, written notice, or by conspicuously posting the notice on our Site.
8161 Hwy 100, #203
Nashville, TN 37221-4213