Terms and Conditions

TERMS AND CONDITIONS

GENERAL TERMS

1. General

By using the Picked Booking web site or mobile app (the “Platform”) you consent to being bound by these Terms and Conditions of use (these “Terms”) as someone who seeks to list and offer their artistic Services (the “Services”) for sale (the “Artist”) or as someone seeking to hire an Artist through the Platform (a “Booker” or “User”). These Terms constitute a legally binding agreement between you and Picked Booking, LLC and its subsidiaries, representatives, affiliates, officers, and directors (collectively, “Picked Booking”), governing your use the Platform and any related content or Services. The Artist and Booker, by use of the Platform, are agreeing to a legally binding agreement for the Services (a “Booking”).

2. Reviews

After each Service an Artist completes, the Artist and Booker will have an opportunity to review each other. Your review must be accurate and may not contain any discriminatory, offensive, defamatory, or other language that violates these Terms, applicable law, or are otherwise rude, intolerant, belligerent, profane, or harassing. Reviews are not verified by Picked Booking for accuracy and may be incorrect or misleading.

3. Content

    1. General

Parts of the Platform enable the Artist or Booker to provide, share, or communicate feedback, text, photos, audio, video, information, and other content (“Content”). By providing Content, in whatever form and through whatever means, you grant Picked Booking a non-exclusive, worldwide, royalty-free, perpetual, sub-licensable and transferable license to access, use, store, copy, modify, prepare derivative works of, distribute, publish, transmit, stream, broadcast, and otherwise exploit, in any manner such that Content to provide and/or promote the Picked Booking or the Platform, in any media or platform, known or unknown to date and in particular on internet and social networks. If Content includes personal information, such Content will only be used for these purposes if such use complies with applicable data protection laws. Where Picked Booking (including its affiliates) pays to create or facilitate creating Content, Picked Booking (including its affiliates) may own that Content, in which case supplemental terms or disclosures will say that. You are solely responsible for all Content that you provide and warrant that you either own it or are authorized to grant Picked Booking (including its affiliates) the rights described in these Terms. You are responsible and liable if any of your Content violates or infringes the intellectual property or privacy rights of any third party. Content must comply with the Ters, which prohibit, among other things, discriminatory, obscene, harassing, deceptive, violent, and illegal content. You agree that Picked Booking may make available services or automated tools to generate or translate Content and that you may use these services, interact with generated Content, or have your Content translated using such services or tools. Picked Booking does not guarantee the accuracy or quality of generated Content or translations and you are responsible for confirming the accuracy of generated Content and translations.

    2.Prohibited Content

To help maintain a positive environment for all Users, we prohibit certain content on the Platform. Content includes any written, photographic, audio, video, or other content, including any content generated or edited using AI. Examples include:

    1. Writing: Listing titles and descriptions, profile pages, public and private reviews, feedback, posts, and messages to Picked Booking, Artists, or Users, or Bookers.

    2. Imagery: Photos and videos, as well as imagery depicted within photos and videos (such as posters or art hanging on a wall in a listing)

The following content is not allowed on the Platform:

    1. Content, including superimposed company logos, links, or company names, created for the sole purpose of advertising a separate business or other commercial entity unrelated to the listing

    2. Spam, unwanted contact, or content that is shared repeatedly in a disruptive manner

    3. Content that is illegal, or endorses or promotes illegal or harmful activity

    4. Content that is sexually explicit (including explicit nudity, sexual activity, or sexually explicit language intended for sexual arousal or referencing sexual acts)

    5. Content that is violent, graphic, threatening, demeaning, insulting or harassing

    6. Content that is discriminatory

    7. Content that attempts to impersonate another person, account, or entity, including a representative of Picked Booking

    8. Content that violates another person’s or entity’s rights, including intellectual property rights, privacy rights, or other copyright, trademark, or trade dress laws

    9. Content that publicly discloses another person’s private information

3. Removing Content

Users are responsible for their content. We reserve the right to remove any content, in whole or part, that violates this policy, our Terms, or any of our other policies. In the event of repeated or severe violations, we may also restrict, suspend, or remove the associated Picked Booking listing or account.

4.Fees.

    1. General

Picked Booking may charge fees (and applicable taxes) to Artists and Bookers for the right to use the Platform. Any applicable fees are disclosed to Bookers before making a Booking. Except as otherwise provided on the Platform, service fees are non-refundable. Picked Booking reserves the right to change the service fees at any time, and will provide Artists notice of any fee changes before they become effective. Fee changes will not affect bookings made prior to the effective date of the fee change. If you disagree with a fee change you may terminate this agreement at any time pursuant to Section 6.

    2. Split Fee

This fee structure is split between the Artist and the Booker. 

Artists pay a fee equal to 10% of the total fees identified in their listing. The fee is automatically deducted from the total price to calculate the Artist payout. 

Bookers pay a fee equal to 10% of the total fee identified in the Artist’s listing, not including any applicable taxes. 

For example, if an Artist’s total fee including performance/service fee, travel fee (if any), or any other fees totals $1,000, then the Artists would receive $900. The Booker would pay a total of $1,100 plus any applicable taxes. 

5. Refunds

If an Artist’s Service is disrupted by a Covered Issue, then the Booker is eligible for a full or partial refund. The term “Covered Issue” means any of the following:

An Artist cancels a Service or experience, except when an Artist cancels because of a disruption caused by the guest (ex: Booker refuses to follow safety instructions or provide Equipment agreed to prior to booking);

An Artist is more than 15 minutes late for the Service’s start time unless delay is caused by the Booker or venue, or does not arrive for the Service or experience at all;

The delivered Service differs substantially from what was advertised or agreed to with the Booker (ex: the Artist provides materially inaccurate information in their listing or fails to deliver key aspects of what was promised);

An Artist is not prepared to perform the Service or experience (ex: inappropriate venue, missing essential equipment, or failing equipment);

An Artist is intoxicated or otherwise negatively impacted by drugs or other substances; or

An Artist damages a venue provided by the Booker.

5.1 Refund requests

If an Artist cancels a Booking, the Booker automatically receives a refund, unless the cancellation is due to a disruption by the Booker. In these cases, the Booker will not be entitled to a refund.

For any Covered Issue other than an Artist’s cancellation, the Booker should, whenever feasible, try to resolve the Covered Issue directly with the Artist.

For any issue that is not resolved directly with the Artist, the Booker who made the Booking may submit a request by contacting Picked Booking. The request must be submitted no later than 72 hours after the Covered Issue occurs or 72 hours from the Service’s start time, whichever occurs first. The request must be supported by relevant evidence such as photographs, communications between the Artist and Booker, or other available documentation, which we will use to help determine whether a Covered Issue has occurred. If a Booker demonstrates that reporting a Covered Issue within 72 hours was not feasible, we may allow for late reporting under this policy.

    2. Refund amounts

If an Artist cancels a reservation for any reason other than a disruption caused by the Booker, the Booker will automatically receive a full refund. If we determine that a Covered Issue other than a cancellation has disrupted a Service or experience, we will provide a full or partial refund. How much we refund depends on the severity of the Covered Issue and the extent of the impact on the Booker.

If an Artist already provided a partial refund in response to a Booker request, we may reduce the amount of any further refund under this policy to reflect what the host has already paid to the Booker.

    3. Effect on Artists

In most circumstances, we will attempt to confirm a Booker’s reported concern by reaching out to their Artist. Artists can also dispute the Booker’s assertion of a Covered Issue by contacting us or responding to our correspondence.

If an Artist cancels a reservation or is responsible for any other Covered Issue that disrupts a Service or experience, the Artist may either receive no payout or may have their payout reduced by the amount of the refund to their Booker.

    4. Other Things to be Aware Of

This policy applies to all bookings made on or after the Effective Date and is applicable to the maximum extent permitted by law, which may imply guarantees that cannot be excluded. When this policy applies, it controls and takes precedence over the booking’s cancellation policy. Covered Issues that are caused by the requesting Booker are not covered by this policy. Submitting a fraudulent report violates our Terms and may result in account termination.

Our decisions under this policy are binding but do not affect other contractual or statutory rights that may be available. Any right that Artists, Users, or Bookers may have to initiate legal action remains unaffected. This policy is not insurance and no premium has been paid by any Artist, User, or Booker. All rights and obligations under this policy are personal to the Booker and Artist of the booking and may not be transferred or assigned. Any changes to this policy will be made in accordance with our Terms.

6. Major Disruptive Events

In general, cancellations and refunds for bookings are governed by the listing’s cancellation policy and these Terms. In the rare circumstances that large-scale events prevent or legally prohibit completion of a booking, this Major Disruptive Events Policy (this “Policy”) may apply. When this Policy applies, Bookers can cancel their booking and receive a refund, credit, and/or other consideration regardless of the listing’s cancellation policy, and Artists can cancel without fees or other adverse consequences.

A Major Disruptive Event covers events which an Artist, Booker, the Platform, or a User has no control over and for which they have no culpability. This can include, but is not limited to declared public health emergencies and pandemics, governmental travel restrictions, military actions, Large scale essential utility outages, natural disasters; or venue closures or disasters (fire, flood, destruction) (each a “Major Disruptive Event”). 

What is not covered, is: unexpected injury or illness, government obligations like jury duty or court appearances, non-binding travel advisories or other government guidance that fall short of a travel ban or prohibition, cancellation or rescheduling of an event for which the reservation was made, transportation disruptions such as airline insolvency, flight cancellations, transportation strikes, and road closures due to maintenance, or weather or natural conditions that are common enough to be foreseeable in a given location, such as hurricanes in Florida during hurricane season or winter weather in the northern hemisphere during winter months—unless the event triggers a covered Event that prevents completion of the booking, such as government-issued mandatory travel restrictions.

In the event of a Major Disruptive Event we assess the situation to determine whether the Major Disruptive Events Policy applies. If it does, we activate the Policy for the impacted area and timeframe where we anticipate that the Event will prevent or legally prohibit completion of bookings. Reservations outside of the defined area and timeframe may not be eligible, though Artists may still be able to cancel without adverse consequences if they are unable to perform. Given the variability in these Events, Picked Booking will evaluate the circumstances and determine fair and equitable refunds in their sole and absolute discretion.

7. The Platform Rules.

You must follow these rules and must not help or induce others to break or circumvent these rules while using the Platform or during any performance or Service associated with the Booking:

Act with integrity and treat others with respect;

Do not lie, misrepresent something or someone, or pretend to be someone else;

Be polite and respectful when you communicate or interact with others;

Do not attempt to evade enforcement of these Terms, our policies or standards, such as by creating a duplicate account or listings;

Do not discriminate against or harass others;

Do not scrape, hack, reverse engineer, compromise or impair the Platform;

Do not use bots, crawlers, scrapers, or other automated means to access or collect data or other content from or otherwise interact with the Platform;

Do not hack, avoid, remove, impair, or otherwise attempt to circumvent any security or technological measure used to protect the Platform or Content;

Do not decipher, decompile, disassemble, or reverse engineer any of the software or hardware used to provide the Platform;

Do not take any action that could damage or adversely affect the performance or proper functioning of the Platform;

Only use the Platform as authorized by these Terms or another agreement with us;

You may only use an Artist’s or Booker’s personal information as necessary to facilitate a transaction using the Platform as authorized by these Terms.

Do not use the Platform, our messaging tools, or Artist’s or Booker’s personal information to send commercial messages without their express consent;

You may use Content made available through the Platform solely as necessary to enable your use of the Platform as an Artist or Booker;

Do not use Content unless you have permission from the Content owner or the use is authorized by us in these Terms or another agreement you have with us;

Do not request, make, or accept a booking or any payment outside of the Platform to avoid paying fees, taxes or for any other reason;

Do not require or encourage Bookers to open an account, leave a review, complete a survey, or otherwise interact, with a third-party website, application or service before, during or after a Booking, unless authorized by Picked Booking;

Do not engage in any practices that are intended to manipulate our search algorithm;

Do not use, copy, display, mirror or frame the Platform, any Content, any Picked Booking branding, or any page layout or design without our consent;

Honor your legal obligations;

Understand and follow the laws that apply to you, including privacy, data protection, and export laws;

If you provide us with someone else’s personal information, you: (i) must do so in compliance with applicable law, (ii) must be authorized to do so, and (iii) authorize us to process that information;

Do not use the name, logo, branding, or trademarks of Picked Booking or others without permission;

Do not use or register any domain name, social media handle, trade name, trademark, branding, logo, or other source identifier that is confusingly similar to any Picked Booking trademarks, logos or branding; or

Do not offer Services that violate the laws or agreements that apply to you.

8. Reporting Violations. 

If you believe that an Artist, Booker, Listing, or Content poses an imminent risk of harm to a person or property, you should immediately contact local authorities before contacting Picked Booking. In addition, if you believe that an Artist, Booker, Listing or Content has violated these Terms, you should report your concerns to Picked Booking. If you reported an issue to local authorities, Picked Booking may request a copy of that report. Except as required by law, we are not obligated to take action in response to any report 

If you believe that Content on the Platform infringes copyrights, please notify us immediately.

9. Termination, Suspension and other Measures.

    1. Term. 

The agreement between you, as an Artist or Booker, and Picked Booking reflected by these Terms is effective when you access the Platform (for example to create an account) and remains in effect until either you or we terminate the agreement in accordance with these Terms.

    2. Termination. 

You may terminate this agreement at any time by sending us an email or by deleting your account. Picked Booking may terminate this agreement and your account for any reason with 30 days’ written notice. Picked Booking may also terminate this agreement immediately and without notice and stop providing access to the Platform if you breach these Terms, applicable laws, or we reasonably believe termination is necessary to protect Picked Booking, its Members, or third parties. If your account has been inactive for more than two years, we may terminate your account without prior notice.

Picked Booking reserves the right to change our services, including to add or remove features and functionalities or change the types of listings we accept or allow on the platform, including but not limited to: improve or update our services, prevent abuse, or respond to legal requirements.

    3.User Violations. 

If (i) you breach these Terms, violate applicable laws, regulations, or third-party rights, or Picked Booking believes it is reasonably necessary to protect Picked Booking, its Members, or third parties; Picked Booking (or its affiliates) may, with or without prior notice:

Suspend or limit your access to or use of the Platform and/or your account;

Suspend, remove, disable access to, or restrict visibility of listings, reviews, or other Content;

Cancel pending or confirmed bookings; or

Suspend or revoke any special status associated with your account.

For minor violations or where otherwise appropriate as Picked Booking (or its affiliates) determines in its sole discretion, you will be given notice of any intended measure by Picked Booking and an opportunity to resolve the issue. You may appeal actions taken by us under this Section by contacting customer service. If a Booking is canceled under this Section, the amount paid to the Artist or the Booker will be at Picked Booking’s sole and absolute discretion depending on the culpable party and the circumstances surrounding the termination or cancellation.

    4. Legal Mandates. 

Picked Booking may take any action it determines is reasonably necessary to comply with applicable law, or the order or request of a court, law enforcement, or other administrative agency or governmental body, including the measures described in these Terms.

    5. Effect of Termination. 

If you are an Artist and terminate your Picked Booking account, any confirmed booking(s) will be automatically canceled and the Booker will receive a full refund. If you terminate your account as a Booker, any confirmed booking(s) will be automatically canceled and any refund will depend upon the terms of the Artist’s cancellation policy described in the listing. When this agreement has been terminated, you are not entitled to a restoration of your account or any of your Content. If your access to or use of the Platform has been limited, or your Picked Booking account has been suspended, or this agreement has been terminated by us, you may not register a new account or access or use the Platform through someone else’s account.

10.Survival. 

Parts of these Terms that by their nature survive termination, will survive termination to the fullest extent permitted by law.

11.Modification.

Picked Booking may modify these Terms at any time. When we make material changes to these Terms, we will post the revised Terms on the Platform and update the “Last Updated” date at the top of these Terms. We will also provide you with notice of any material changes by email, notifications through the Platform, messaging service, or any other contact method made available by us and selected by you at least 30 days before the date they become effective. If you disagree with the revised Terms, you may terminate this agreement immediately as provided in these Terms. If you do not terminate your agreement before the date the revised Terms become effective, your continued access to or use of the Platform will constitute acceptance of the revised Terms.

12. Picked Booking’s Role.

We offer you the right to use the Platform to enables 1) Artists to publish and offer their Services, and 2) Bookers to search for, and book Artists’ Services. While we work hard to ensure our Users have great experiences using Picked Booking, we do not and cannot control Artist’s and Booker’s conduct. You acknowledge that Picked Booking (or its affiliates) has the right, but does not have any obligation, to monitor the use of the Platform and verify information provided by our Users. For example, we may record, review, monitor, disable access to, remove, or edit text or in-app messages, phone recordings, or other Content to: (i) operate, secure and improve the Platform (including for fraud prevention, risk assessment, investigation and customer support purposes); (ii) ensure Users’ compliance with these Terms; (iii) comply with applicable law or the order or requirement of a court, law enforcement or other administrative agency or governmental body; (iv) address Content that we determine is harmful or objectionable; (v) take actions set out in these Terms; and (vi) maintain and enforce any quality or eligibility criteria, including by removing listings that don’t meet quality and eligibility criteria. Users acknowledge and agree that Picked Booking administers these Terms, policies, and standards including decisions about whether and how to apply them to a particular situation, at Picked Booking’s sole discretion. Users agree to cooperate with and assist Picked Booking (or its affiliates) in good faith, and to provide us with such information and take such actions as may be reasonably requested by us with respect to any investigation undertaken by us regarding the use or abuse of the Platform. Picked Booking is not acting as an agent for any User.

13. Member Accounts.

You must register an account to access and use many features of the Platform. Registration is only permitted for legal entities and natural persons who are 18 years or older. You represent and warrant that you are not a person or entity barred from using the Platform under the laws of the United States, your place of residence, or any other applicable jurisdiction. You must provide accurate, current, and complete information during registration and keep your account information up-to-date. You may not transfer your account to someone else. You are responsible for maintaining the confidentiality and security of your account credentials and may not disclose your credentials to any third party. You are responsible and liable for activities conducted through your account and must immediately notify Picked Booking if you suspect that your credentials have been lost, stolen, or your account is otherwise compromised. If and as permitted by applicable law, we may, but have no obligation to ask you to provide identification or other information.

14. Consent to Identity and Background Screening.

To help Picked Booking to assess the safety, integrity, and trustworthiness of our platform and its Users, you authorize Picked Booking to undertake checks designed to help verify your identity or review your background, and consent that Picked Booking may screen you against and obtain reports from service providers, third-party databases, or other sources including public records of criminal convictions or sex offender registrations or their local equivalents.

15. Disclaimer of Warranties.

The Platform and all Content are provided “as is” without warranty of any kind and Picked Booking (or its affiliates) disclaim all warranties, whether express or implied. For example: (i) we do not endorse or warrant the existence, conduct, performance, safety, quality, legality or suitability of any Booker, Artist, listing, or third party; (ii) we do not warrant the performance or non-interruption of the Platform; and (iii) we do not warrant that reviews or comments on listings, Artists, or Users (if any) will identify past misconduct or prevent future misconduct. The disclaimers in these Terms apply to the maximum extent permitted by law. If you have statutory rights or warranties Picked Booking (or its affiliates) cannot disclaim, the duration of any such statutorily required rights or warranties, will be limited to the maximum extent permitted by law.

16. Limitations on Liability.

Neither Picked Booking (including its affiliates and personnel) nor any other party involved in creating, producing, or delivering the Platform or any Content will be liable for any incidental, special, exemplary or consequential damages, including lost profits, loss of data or loss of goodwill, service interruption, computer damage or system failure or the cost of substitute products or services, or for any damages for personal or bodily injury or emotional distress arising out of or in connection with (i) these Terms, (ii) the use of or inability to use the Platform or any Content, (iii) any communications, interactions or meetings you may have with someone you interact or meet with through, or as a result of, your use of the Platform, or (iv) publishing or booking of a listing, including the provision or use of the Artist’s Services, whether based on warranty, contract, tort (including negligence), product liability or any other legal theory, and whether or not Picked Booking has been informed of the possibility of such damage, even if a limited remedy set out in these Terms is found to have failed of its essential purpose.

Except for our obligation to transmit payments to Artists under these Terms, or make payments under in no event will Picked Booking’s aggregate liability for any claim or dispute arising out of or in connection with these Terms, your interaction with any Users, Artists, or Bookers, or your use of or inability to use the Platform, any Content, or any Artist Services, exceed: (A) to Users, the amount you paid as a User during the 12-month period prior to the event giving rise to the liability, (B) to Artists, the amount paid to you as an Artist in the 12-month period prior to the event giving rise to the liability, or (C) to anyone else, one hundred U.S. dollars (US $100).

These limitations of liability and damages are fundamental elements of the agreement between you and Picked Booking. If applicable law does not allow the limitations of liability set out in these Terms, the above limitations may not apply to you.

17. Indemnification.

To the maximum extent permitted by applicable law, you agree to release, defend (at Picked Booking’s option), indemnify, and hold Picked Booking (including Picked Booking, other affiliates, and their personnel) harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with: (i) your breach of these Terms (including any supplemental or additional terms that apply to a product or feature), (ii) your improper use of the Picked Booking Platform, (iii) your interaction with any User, participation in an Artist’s Service, including without limitation any injuries, losses or damages (whether compensatory, direct, incidental, consequential or otherwise) of any kind arising in connection with or as a result of such interaction, stay, participation or use, (iv) your failure, or our failure at your direction, to accurately report, collect or remit taxes, or (v) your breach of any laws, regulations or third party rights such as intellectual property or privacy rights. You agree to indemnify and hold Picked Booking (including Picked Booking Payments, other affiliates, and their personnel) harmless from and against any of the aforementioned claims, liabilities, damages, losses, and expenses, regardless of Picked Booking’s responsibility for negligence and howsoever the same may be caused.

18. Governing Law and Venue.

Wisconsin state law and the United States of America will apply to the interpretation of these Terms and any disputes arising out of or relating to these Terms or your use of the Platform, without regard to conflict-of-law provisions. Judicial proceedings (other than small claims actions) that are excluded from the arbitration agreement in Section 19 must be brought in state or federal court in Milwaukee, Wisconsin, unless we both agree to some other location. You and we both consent to venue and personal jurisdiction in Milwaukee, Wisconsin.

19. Dispute Resolution and Arbitration Agreement.

PLEASE READ THE FOLLOWING PARAGRAPHS CAREFULLY BECAUSE THEY PROVIDE THAT YOU AND PICKED BOOKING AGREE TO RESOLVE ALL DISPUTES BETWEEN US THROUGH BINDING INDIVIDUAL ARBITRATION AND INCLUDE A CLASS ACTION WAIVER AND JURY TRIAL WAIVER.

20. Overview of Dispute Resolution Process. 

Picked Booking is committed to participating in a consumer-friendly dispute resolution process. To that end, these Terms provide for a two-part process for individuals to whom this Section applies: (1) an informal negotiation directly with Picked Booking (described in paragraph 17.1, below), and if necessary (2) a binding arbitration in accordance with the terms of this Section. You and Picked Booking each retain the right to seek resolution of the dispute in small claims court as an alternative to arbitration. To the extent provided by applicable law, and except to the extent that any party to the arbitration seeks to enforce any final award in a court of competent jurisdiction, the arbitration proceedings and any information exchanged during the proceeding shall remain confidential.

    1. Mandatory Pre-Arbitration Dispute Resolution and Notification. 

At least 30 days prior to a party initiating an arbitration, you and Picked Booking each agree to send the other party an individualized notice of the dispute in writing (“Pre-Dispute Notice”) and attempt in good faith to negotiate an informal resolution of the individual claim. If you are bringing the dispute, you must send your Pre-Dispute Notice to Picked Booking by mailing it to Picked Booking’s agent for service: VBRCS, LLC, 411 E. Wisconsin Avenue, Suite 1000, Milwaukee, Wisconsin 53202. If Picked Booking is bringing the dispute, Picked Booking will send its Pre-Dispute Notice to the email address associated with your Picked Booking account. A Pre-Dispute Notice must include: the date, your name, mailing address, your Picked Booking Username, the email address you used to set up your Picked Booking account, your signature, a brief description of the dispute, and the relief sought. If the parties are unable to resolve the dispute within the 30-day period, only then may either party commence arbitration by filing a written demand for arbitration with the arbitration provider designated pursuant to Section 17.4, below. A claimant’s Pre-Dispute Notice requirement is a prerequisite to any arbitration, and a copy of the Pre-Dispute Notice and evidence that it was sent as required by this Section must be attached to any arbitration demand. In addition, you must make any demand for arbitration under the Arbitration Agreement before the expiration of the statute of limitations provided under the laws of the State of Wisconsin. Otherwise, to the extent permitted by applicable law, you forever waive the right to pursue any claim or cause of action, of any kind or character, based on such events or facts, and such claims or causes of action are permanently barred.

    2. Agreement to Arbitrate; Delegation. 

You and Picked Booking mutually agree that any dispute, claim or controversy arising out of or relating to these Terms or the applicability, breach, termination, validity, enforcement or interpretation thereof, or any use of the Platform, Artist’s Services, any User, or any Content (collectively, “Disputes”) will be settled by binding arbitration on an individual basis (the “Arbitration Agreement”). If there is a dispute about whether this Arbitration Agreement can be enforced or applies to a Dispute, you and Picked Booking agree that an arbitrator will decide that issue. For the avoidance of doubt, you and Picked Booking agree that any question regarding arbitrability and the formation, enforceability, validity, scope, or interpretation of all or part of this Section 17.2, including any dispute over compliance with the Pre-Dispute Notice requirement and a party’s responsibility to pay arbitration fees, shall be resolved exclusively by an arbitrator.

    3. Exceptions to Arbitration

The following claims are not subject to arbitration and may be brought in a court of competent jurisdiction:

        1. Claims alleging actual or threatened infringement or misappropriation of intellectual property;

        2. Claims seeking emergency injunctive relief based on exigent circumstances (e.g., imminent harm, criminal activity, hacking);

        3. Requests for public injunctive relief (which shall proceed after arbitration of all arbitrable claims and be stayed pending arbitration under the Federal Arbitration Act);

        4. Claims for vexatious litigation; and

        5. Individual claims of sexual assault or sexual harassment arising from use of the Platform or Artist’s Services.

    4. Governing Law and Arbitration Rules

This Arbitration Agreement is governed by the Federal Arbitration Act (“FAA”). Arbitration will be administered by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules, as modified herein. A copy of any arbitration demand must also be mailed to Picked Booking’s registered agent for service of process. If the AAA is unable to administer the arbitration, the parties shall mutually select an alternative forum or seek court appointment of an arbitrator under 9 U.S.C. § 5.

    5. Hearing Format and Location

Unless otherwise agreed:

        1. Claims of $50,000 or less will be decided on written submissions only, unless the arbitrator determines a hearing is necessary.

        2. Claims up to $1,000,000 will be conducted remotely by video conference.

        3. Claims exceeding $1,000,000 will be conducted in Milwaukee County, Wisconsin.

    6. Fees and Costs

Except as otherwise required by applicable law or the rules of the arbitration provider, the non-prevailing party shall pay the prevailing party’s reasonable attorneys’ fees, arbitration fees, and costs, as determined by the arbitrator. The arbitrator shall have authority to determine which party, if any, is the prevailing party and to award reasonable fees and costs accordingly in the final award.

    7. Frivolous or Improper Claims

The arbitrator may impose sanctions, including attorneys’ fees and costs, against any party asserting claims or defenses that are frivolous, brought in bad faith, or otherwise improper. A party may seek dismissal of proceedings filed in violation of this Arbitration Agreement and recover damages resulting from such violation.

    8. Arbitrator’s Decision

The arbitrator will issue a written decision stating the essential findings and conclusions. Judgment may be entered in any court of competent jurisdiction. Any injunctive or declaratory relief may be awarded only on an individual basis.

    9. Jury Trial Waiver

You and Picked Booking waive the right to a trial by jury for all arbitrable disputes.

    10. No Class or Representative Proceedings

To the fullest extent permitted by law, disputes must be brought on an individual basis only. The arbitrator may not consolidate claims or preside over any class, representative, or consolidated proceeding. If this waiver is found unenforceable as to a particular claim or remedy, that claim or remedy shall be severed and brought in court, and non-arbitrable claims shall be stayed pending arbitration.

    11. Mass Action Waiver

The parties waive the right to arbitrate disputes as part of a mass action (defined as 100 or more similar arbitration demands filed within 180 days involving common issues – a “Mass Action”). An arbitrator shall determine whether claims constitute a Mass Action. This provision does not prevent participation in a mass settlement.

    12. Mass Action Batching

If a Mass Action proceeds, claims shall be grouped into batches of no more than 200, assigned sequentially, and arbitrated one batch at a time before a single arbitrator per batch. Remaining batches shall be held in abeyance. If a claim has not reached a pre-hearing conference within two years of the latest-filed demand, the claimant may elect to proceed in court, subject to applicable waivers.

    13. Offers of Judgment

At least 10 days before a hearing, either party may serve a written offer of judgment. If the offeree fails to obtain a more favorable award, the offeree shall not recover post-offer costs and shall pay the offering party’s costs incurred after the offer.

    14. Severability

If any portion of this Arbitration Agreement is deemed unenforceable, the remainder shall remain in full force and effect, except as otherwise provided in Section 17.10.

    15. Amendments

If Picked Booking amends this Arbitration Agreement, you may reject the amendment within 30 days by providing written notice. Rejection applies only to the amendment and does not affect prior agreements to arbitrate.

    16. Survival

This Arbitration Agreement survives termination of these Terms and continued use of the Platform.

21. Miscellaneous.

    1. Interpreting these Terms. 

Except as they may be supplemented by additional terms, conditions, policies, guidelines, standards, and in-product disclosures, these Terms (including those items incorporated by reference) constitute the entire agreement between Picked Booking and you pertaining to your access to or use of the Platform and supersede any and all prior oral or written understandings or agreements between Picked Booking and you. These Terms do not and are not intended to confer any rights or remedies upon anyone other than you and Picked Booking. If any provision of these Terms is held to be invalid or unenforceable, except as otherwise indicated in Section 17.9 above, such provision will be struck and will not affect the validity and enforceability of the remaining provisions. Where the word “will” is used in these Terms it connotes an obligation with the same meaning as “shall.”

    2. No Waiver. 

Picked Booking’s failure to enforce any right or provision in these Terms will not constitute a waiver of such right or provision unless acknowledged and agreed to by us in writing. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise permitted under law.

    3. Assignment. 

You may not assign, transfer or delegate this agreement or your rights and obligations hereunder without Picked Booking’s prior written consent. Picked Booking may without restriction assign, transfer or delegate this agreement and any rights and obligations hereunder, at its sole discretion, with 30 days’ prior notice.

    4. Notice. 

Unless specified otherwise, any notices or other communications to Users permitted or required under this agreement, will be provided electronically and given by Picked Booking via email, Platform notification, messaging service (including SMS), or any other contact method we enable and you provide. 

    5. Third-Party Services. 

The Platform may contain links to third-party websites, applications, services or resources (“Third-Party Services”) that are subject to different terms and privacy practices. Picked Booking is not responsible or liable for any aspect of such Third-Party Services and links to such Third-Party Services are not an endorsement. Picked Booking does not control and is not responsible for the availability, performance, security, or reliability of any Third-Party Services or the entities providing those services. Picked Booking shall not be liable for any outages, interruptions, delays, errors, failures, or other disruptions caused in whole or in part by any Third-Party Service provider.

    6. Platform Content. 

Content made available through the Platform, including without limitation trademarks, trade dress, inventions, algorithms, computer programs (in source code and object code), customer and marketing information and other content (“Platform Content”), whether registered or unregistered, which may be protected by copyright, trademark, patent, trade secrets, know how, and/or other laws of the United States and other countries. You acknowledge that all intellectual property rights for that Platform Content are the exclusive property of Picked Booking and/or its licensors and agree that you will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices. You may not use, copy, adapt, modify, prepare derivative works of, distribute, license, sell, transfer, publicly display, publicly perform, transmit, broadcast or otherwise exploit any Platform Content accessed through the Picked Booking Platform except to the extent you are the legal owner of that Platform Content or as expressly permitted in these Terms. Subject to your compliance with these Terms, Picked Booking grants you a limited, non-exclusive, non-sublicensable, revocable, non-transferable license to (i) download and use the Platform mobile application on your personal device(s); and (ii) access and view the Platform Content made available on or through the Platform and accessible to you, solely for your personal and non-commercial use.

    7. Force Majeure. 

Picked Booking shall not be liable for any delay or failure to perform resulting from abnormal or unforeseeable circumstances outside its reasonable control, the consequences of which would have been unavoidable despite all efforts to the contrary, including, but not limited to, acts of god, natural disasters, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, pandemics, epidemics or disease, strikes or shortages of transportation facilities, fuel, energy, labor or materials.

    8. Emails and SMS. 

You will receive administrative communications from us using the email address or other contact information you provide for your Picked Booking account. You may also receive promotional emails from us. No fee is charged for these promotional emails, but third-party data rates could apply. You can control whether you receive promotional emails using the notification preferences in your account settings. Please note that you will not be able to take advantage of certain promotions if you disable certain communication settings or do not have a Picked Booking account. If you consent to receive SMS (text messages) from us, you will be subject to our SMS Terms.

22. Contact Us. 

If you have any questions about these Terms please email us.


BOOKER AND USER TERMS

1. Search Results
You, as User or Booker, can use the Platform to search for Artists by using criteria like event zip code, event type, crowd size, max price, event date, and genre. Search results are based on their relevance to your search and other criteria. Search results are not indicative of Picked Booking’s recommendation or endorsement of an Artist.

2. Booking
When you book an Artist, you are agreeing to pay all charges for your booking at the time you secure the booking including the booking fee, Artist fee, and any sales taxes, if any, and any other items identified during checkout (collectively, “Total Price”). You also agree that Picked Booking via third party payment processing services may charge your selected payment method used to book the Artist in order to collect payment. 

When you receive the Booking Confirmation, a contract for Artist is formed directly between you and the Artist. By making a Booking you are agreeing to the terms of the contract. The terms of the contract include these Terms, all terms of the Booking, including without limitation, the cancellation policy and any other rules, standards, policies, or requirements identified in the Artist’s listing or during checkout that apply to the Booking. It is your responsibility to read and understand these terms of the contract including these Terms and all terms of the Booking including all rules, standards, policies, and requirements prior to placing a Booking. As the Platform’s use is a contract-based arrangement, all Bookers and Users must be 18 years of age or older.

3. Cancellations, Booking Issues, Refunds and Booking Modifications.
    1. Cancelations and Refunds
        1. If You Cancel a Booking

In general, if you cancel a Booking, the amount refunded to you 1) is determined by the Artist’s cancellation policy that applies to that Booking and 2) is less Picked Booking’s Booking Fee identified at checkout. But, in certain situations, other policies take precedence and determine what amount is refunded to you. Generally, most Artist’s cancellation policies do not offer refunds and if you cancel you may not receive a refund. 

        2. If the Artist Cancels a Booking

If an Artist cancels a Booking prior to the event, you are entitled to a full refund issued to your original payment method, which will be initiated within 72 hours upon request, excluding federal or “bank” holidays. 

    2. Booking Modifications
You and the Artist are responsible for any booking modifications you may agree to make via the Platform (“Booking Modifications”), and agree to pay any additional amounts, fees, or taxes associated with any Booking Modification. Picked Booking is not responsible for any modifications, side agreements, oral, written, or otherwise that are outside of the Booking. 

4. Your Responsibilities and Assumption of Risks.

    1. Your Responsibilities

You are responsible and liable for your own acts and omissions and are also responsible for the acts and omissions of anyone you invite to join or provide access to any Booking, all areas and facilities where the Booking is located. If you enter into a Booking on behalf of additional guests, you are required to ensure that every additional guest meets any requirements set by the Artist and is made aware of and agrees to these Terms and any terms and conditions, rules and restrictions set by the Artist. If you are booking for an additional guest who is a minor or if you bring a minor to an event related to the Booking, you must be legally authorized to act on behalf of the minor and you are solely responsible for the supervision of that minor. You are not responsible for the Artist’s acts or omissions.

5. Your Assumption of Risks

You acknowledge that many activities carry inherent risks and agree that, to the maximum extent permitted by applicable law, you assume the entire risk arising out of your access to and use of the Platform and any participation in any event, Service, performance, or use of any other Service the Artist may provide. This means it is your responsibility to investigate am Artist to determine whether they are suitable for you.


ARTIST TERMS

1.Hosting on Picked Booking.

    1. Artist.

As an Artist, Picked Booking offers you the right to use the Platform in accordance with these Terms to share your Service with our Bookers It’s easy to create a listing and you are in control of your price, availability, and rules for each Booking.

    2. Contracting with Bookers

When you accept a booking request, or receive a booking confirmation through the Platform, you are entering into a contract directly with the Booker, and are responsible for delivering the Service under the terms and at the price specified in your listing. You are also agreeing to pay applicable fees like Picked Booking’s service fee for each Booking. As the Platform’s use is a contract-based arrangement, all Artists must be 18 years of age or older. Picked Booking will use third party payment processing Services to deduct amounts you owe from your payout unless we and you agree to a different method. Any terms or conditions that you include in any supplemental contract with Bookers must: (i) be consistent with these Terms and the information provided in your listing, and (ii) be prominently disclosed in your listing description.

2. Artist’s Independence

Your relationship with Picked Booking is that of an independent individual or entity and not an employee, agent, joint venturer, or partner of Picked Booking, except that Picked Booking, through third party payment processing services, acts as a payment collection agent. Picked Booking does not direct or control your Services, and you understand that you have complete discretion whether and when to provide those Services, and at what price and on what terms to offer them.

3. Managing Your Listing.

    1. Creating and Managing Your Listing

The Platform provides tools that make it easy for you to set up and manage your listing. Your listing must include complete and accurate information about your Service, your price (including any additional charges), and any rules or requirements that apply to your listing. You are responsible for your acts or omissions as well as keeping your listing information (including calendar availability) and content (like photos) up-to-date and accurate at all times. You are responsible for obtaining appropriate insurance for your Services and we suggest you carefully review policy terms and conditions including coverage details and exclusions.

    2. Know Your Legal Obligations

You are responsible for understanding and complying with any laws, rules, regulations, and contracts with third parties that apply to your listing or Services and the venues you perform at including but not limited to curfews, capacity limitations, noise restrictions, or stage and performance permits, if any. You are responsible for handling and using Bookers’ personal data that you may learn through providing your Service in compliance with applicable privacy laws and these Terms. If you have questions about how local laws apply you should always seek legal advice.

    3. Search Results
The ranking of listings in search results on the Platform depends on a variety of factors, including event zip code, event type, crowd size, max price, event date, and genre.

4. Your Responsibilities.

    1. General

You are responsible and liable for your own acts and omissions and are also responsible for the acts and omissions of anyone you allow to participate in providing your Services. You are responsible for setting your price and establishing rules and requirements for your listing. You must describe any and all additional fees and charges in your listing description. You are also responsible for ensuring that all mandatory fees and charges applicable to your listing are included in your price breakdown.

    2. Listings

To list a Service, you must create a listing and submit the listing to Picked Booking. Services must at all times meet the standards and requirements in these Terms. When listing a Service you must, where applicable, fully educate and inform Users about (i) any risks inherent or incidental to the Service, (ii) any requirements for participation, such as the minimum age, (iii) the location(s) where the Service may lawfully be performed, and (iv) any applicable licenses, permits, certifications, and registrations you hold to perform the Service in those locations, and (v) anything else they may need to know to safely participate in the Service (including dress codes, equipment, etc.). Picked Booking reserves the right to decide, in its sole discretion, whether a submitted Service or listing will be published on the Platform.

    3. Creating and Managing Your Listing

The Platform provides tools and Services that make it easy for you to set up and manage a listing. You are solely responsible for reviewing, approving, and ensuring the completeness and accuracy of all information and Content included in your listing at all times, regardless of whether you make use of the Platform tools and Services, or any other third-party tools or Services, to assist in creating or updating your Listing.

    4. Content

If the Content you provide or approve for inclusion on your listing includes your or a third party’s name, image, likeness, or voice, by providing Content, you authorize Picked Booking to use all such names, images, likenesses or voices to promote, market or provide information about the Platform, in any media or on any platform, known or unknown to date and in particular on the internet and social networks. If any third party’s name, image, likeness, or voice is contained in Content included on your listing pages, you represent and warrant that you have obtained or will obtain a written release from all such third parties granting Picked Booking the rights and permissions outlined in this paragraph before providing or approving such Content through the Platform. You agree to provide Picked Booking, upon request, a copy of any such written release. You are responsible and liable if any of your Content violates or infringes the intellectual property, privacy rights, or publicity rights of any third party.

    5. Providing Services to Platform Users

Once your Service is published on the Platform, you have the ability to add dates and times when you offer your Service through the Platform (an “Instance”). By making an Instance of your Service available on the Platform, you agree that only people who book through the Platform, and their guests, can attend that Instance of the Service. 

    6. Equipment

You are responsible for providing all equipment, including supplies, vehicles, and other materials (“Equipment”) necessary to provide your Service unless clearly and explicitly stated on your listing. You are solely responsible for ensuring that the Equipment used in your Service is in good working order and conforms to all laws pertaining to safety, equipment, inspection, and operational capability. Except as otherwise required by law, you assume all risk of damage or loss to your Equipment. This Section shall not apply to Equipment ordinarily made available for your use by the Booker or as otherwise expressly agreed by you and the Booker.

5. Restrictions

    1. Fees Outside the Platform

You cannot collect or charge any fees outside the Platform. You cannot request, send, or receive payments outside of the Platform. You must disclose all fees you will charge in your listing. This includes:

Failing to include any fees in the pricing fields provided by the Platform or otherwise causing the total price at checkout to be inaccurate; or

Failing to disclose a security or reservation deposit and the associated refund terms which must be in accordance with these Terms.

    2. Encouraging Bookers to Go Outside the Platform

You may not encourage Bookers to act outside the Platform. This includes to following prohibited actions: 

Asking or encouraging Users to move current, future, or repeat bookings off of the Platform;

Including links that take people off of the Platform in listings or messages;

Offering or soliciting discounts to book off of the Platform;

Canceling existing full or partial reservations to rebook off of the Platform;

Asking Bookers for contact information prior to booking; all Booker communications prior to booking must be on the Platform;

Soliciting Bookers for their email, mailing address, or other communications channels using the Platform after a booking;

Using contact information provided by the Platform for other purposes that violate these Terms; or

Selling, sharing, or using Booker contact information for marketing communications or signing Bookers up for contact list.

6. Providing Services as a Team or Organization. 

If you work with a co-Artist or offer Services as part of a team, business, band, group, or other organization, you are responsible and liable under these Terms for the acts and omissions of each entity and individual who participates in providing your Services and you are responsible for informing personnel engaged by you to deliver any Service of your obligations under these Terms. If you accept terms or enter into contracts with third parties, you represent and warrant that you are authorized to enter into contracts for and bind your team, business or other organization, and that each entity you use is in good standing under the laws of the place where it is established. If you perform other functions, you represent and warrant that you are authorized to perform those functions. You are solely responsible for paying any co-Artist, entity, or individual who you engage to assist you in performing your Services.

7. Your Assumption of Risk. 

You acknowledge that performing and or offering your Services carries inherent risks and agree that you assume the entire risk arising out of your access to and use of the Platform, offering your Services, or any interaction you have with other Bookers or other people during your Services or performance. You agree that you have had the opportunity to investigate the Platform and any laws, rules, regulations, or obligations that may be applicable to your listings or Services and that you are not relying upon any statement of law made by Picked Booking.

8. Your Insurance Obligations.

You agree to obtain and maintain at your expense primary insurance covering your liability and the liability of any of your employees or agents working with you or on your behalf for third party bodily injury and property damage arising from a Booker’s Booking.

You agree to cooperate with Picked Booking and our third-party insurance partners to verify all insurance you are required to maintain, including promptly providing proof of such insurance, upon request. If any insurance you are required to maintain under this Section lapses or is cancelled, you agree to notify Picked Booking of this immediately. 

While Picked Booking maintains the general business liability insurance program, you agree to cooperate with us and our third-party insurance partners in the event of a claim under our insurance policy as a result of your listing, Booking, or Services. This includes, but is not limited to timely and accurately providing information to both us and our third-party insurance partners, assisting in the claim investigation, and complying with reasonable requests relating to the claim. You must promptly notify Picked Booking and your insurer on any insurance policies you maintain of any incident giving rise to third-party bodily injury or property damage arising from your Services that relate to a Booking.

9. Cancellations, Reservation Issues, and Booking Modifications.

    1. Cancellations and Reservation Issues. 

        1. If a Booker Cancels a Booking

In general, if a Booker cancels a Booking, the amount paid to you is determined by the cancellation policy that you defined in the listing that applies to your Booking, minus the Platform fee. 

        2. If You Cancel a Booking

If you cancel a Booking, we may impose a cancellation fee and other consequences. Generally, in the event you cancel a Booking, the amount you are paid will be reduced by the amount we refund or otherwise provide to the Guest, and by any other reasonable costs we incur as a result of the cancellation. If the amount of the refund and other costs incurred by Picked Booking exceeds your payout, Picked Booking may recover that amount from you, including by deducting the refund against your future payouts. You agree that these Terms preempt the cancellation policy you set in your listing. 

10.Taxes.

You are responsible for determining and fulfilling your obligations under applicable laws to report any and all income taxes and local municipality or venue taxes. The Platform will charge the Booker the applicable sales taxes, if any, for their location for the Booking. 

Dated February/2026;