Musicato Artiste Subscriber Agreement — please read these Terms and Conditions carefully before registering as an Artiste on Musicato. By clicking "I Accept", you agree to be bound by this Agreement.
This Artiste Subscriber Agreement, together with any booking confirmation, payout terms, code of conduct, exclusivity terms, confidentiality terms, non-circumvention terms, privacy notice and platform policies incorporated by reference, is a legally binding agreement between Musicato ("Musicato", "Platform", "Company", "we", "us" or "our") and each Artiste who registers, auditions, creates a profile, accepts an engagement, performs, uploads content, receives payment or otherwise uses Musicato's website, mobile application, booking system, marketplace, communication channels, payment features or related services (the "Application" or "Services").
By creating an account, clicking "I agree", attending an audition, rehearsal, briefing, sound check or event, uploading profile or media content, accepting a booking, receiving payment or otherwise using the Services, the Artiste confirms that they have read, understood and agreed to be bound by this Agreement.
1. Definitions and Interpretation
"Artiste" means any independent musician, vocalist, instrumentalist, conductor, arranger, choir, orchestra, band, DJ, music educator, performer or creative professional registered under, verified by or engaged through Musicato.
"Client" means any person or entity seeking to book live music, entertainment, performance, training, musical direction or related services through Musicato.
"Subscriber" means any registered or approved user of the Platform.
"Booking" means any request, quotation, confirmation, engagement, performance, rehearsal, audition, event or related service arranged through the Application.
"Musicato Client" means any client, lead, prospect, contact or relationship introduced, sourced, managed, serviced or developed by Musicato.
2. Scope of Services and Platform Role
Musicato operates a premium online marketplace, booking and artiste-management platform that connects Clients with verified musical performers and related professionals for private, corporate, governmental, diplomatic, religious, cultural, luxury, educational and social events. Musicato may provide account registration, artiste profiles, booking requests, quotations, scheduling, communication tools, payment coordination, event logistics support, internal quality control, ratings, dispute intake and related marketplace functions.
3. Artiste Independent Contractor Status
Each Artiste is engaged by Musicato strictly as an independent contractor and not as an employee, worker, servant, partner, agent, joint venturer, franchisee, officer, representative or legal representative of Musicato. Nothing in this Agreement, any booking confirmation, platform policy, rehearsal instruction, performance brief, quality standard, exclusivity requirement, payment arrangement or operational direction shall be construed as creating an employment relationship, partnership, joint venture, agency relationship, fiduciary relationship or employer-employee relationship between Musicato and the Artiste.
The Artiste shall not be entitled to employee benefits, pensions, paid leave, sick leave, severance benefits, statutory employment benefits, unemployment benefits, workers' compensation benefits, staff allowances or any other benefits ordinarily associated with employment, except where such entitlement is expressly required by applicable law or agreed in writing by Musicato.
4. Artiste Eligibility, Verification and Continuing Warranties
The Artiste represents and warrants on a continuing basis that all information supplied to Musicato is accurate; qualifications, references and experience claims are genuine; the Artiste has the legal right, skill and capacity to provide the services offered; all uploaded content is owned by the Artiste or properly licensed; and the Artiste will comply with all applicable laws, venue rules, payment rules and platform policies.
5. Exclusivity, Bookings and Non-Circumvention
Artistes registered under Musicato shall offer, promote, accept, negotiate, perform and receive bookings for their professional performance services exclusively through Musicato. During the term of registration, engagement or active relationship with Musicato, Artistes shall not directly or indirectly register with, provide services through, accept engagements from, promote themselves on, collaborate with, or make their performance services available through any competing music booking platform, artiste marketplace, live entertainment booking application, talent agency platform, event-performance marketplace, digital booking service or similar business model without Musicato's prior written consent.
All bookings introduced through Musicato must be requested, negotiated, confirmed, paid for and managed through the Application or an authorised Musicato communication channel. Artistes shall not bypass Musicato, divert bookings, avoid commissions, request private contact details, solicit repeat bookings outside Musicato or establish independent arrangements with any Musicato Client.
6. Payments, Commission and Payouts
Unless otherwise stated in a written booking confirmation, each Client payment received for a confirmed booking shall be commercially allocated as follows: seventy percent (70%) of the applicable performance fee shall be payable to the Artiste, and thirty percent (30%) shall be retained by Musicato as its commission, platform fee, administrative fee and marketplace service charge. The Artiste's share shall be calculated on the applicable booking amount actually received and cleared, subject to deductions, processor charges, taxes, refunds, chargebacks, cancellation consequences, penalties, set-offs, reimbursable expenses or other amounts permitted under this Agreement.
Unless otherwise stated in writing, Artiste payouts may be released after successful completion of the event, confirmation of performance, resolution of any client complaint, deduction of Musicato's commission and applicable charges, and completion of payment processor clearance.
Musicato may withhold or set off amounts reasonably required to address disputes, refunds, chargebacks, penalties, taxes, client claims, suspected fraud or breach of this Agreement.
7. Professional Conduct, Rehearsals and Performance Standards
Artistes shall act professionally at all times, maintain excellent personal conduct, respect Clients, guests, fellow performers, venue staff and Musicato representatives, follow event instructions, uphold Musicato's reputation, and deliver performances to a high professional standard consistent with the booking description, agreed repertoire and reasonable Client expectations.
Attendance at rehearsals, briefings, orientation sessions, technical meetings and sound checks is mandatory where required by Musicato or the booking terms. Artistes shall arrive at the venue and any rehearsal location at the reporting time communicated by Musicato, remain available throughout the engagement, perform assigned repertoire competently, follow approved arrangements, cooperate with music directors and event coordinators, maintain professional appearance and refrain from behaviour that may disrupt the event.
8. Cancellation, No-Show, Substitution and Discipline
Once an Artiste accepts a confirmed booking, the Artiste shall reserve the assigned period exclusively for the Musicato-booked Client and shall not accept any conflicting engagement that may affect attendance, punctuality, preparation, rehearsal participation, performance quality, travel timing, sound check or post-event obligations. Failure to attend, late arrival, unauthorised substitution or failure to perform may result in suspension, penalties, withholding of payout, replacement, reduced visibility, termination and recovery of losses.
No Artiste may assign, transfer, delegate or substitute an accepted booking to another performer without Musicato's prior written approval. Any approved substitute must satisfy Musicato's eligibility, verification, quality and briefing requirements.
Unauthorised substitution constitutes gross misconduct and shall attract complete withholding of payment.
An Artiste who fails to turn up for an accepted booking shall face immediate suspension from the platform and incur penalties calculated at the discretion of Musicato.
9. Confidentiality, Privacy, Media and Intellectual Property
Artistes shall maintain strict confidentiality concerning client identities, client contact details, event details, security arrangements, pricing information, booking terms, internal operations, commercial strategies, contracts, unreleased platform features, business information and any other non-public information disclosed through Musicato. Confidentiality obligations survive termination.
By uploading profiles, biographies, photographs, audio recordings, videos, logos, stage names, repertoire lists or other materials, the Artiste grants Musicato a worldwide, royalty-free, non-exclusive licence to host, reproduce, display, edit for formatting, promote and distribute such materials for operating, marketing and improving the Services, facilitating bookings and showcasing the Artiste to potential Clients.
10. Complaints, Ratings, Enforcement and Termination
Musicato may investigate complaints relating to professional conduct, performance quality, appearance, punctuality, rehearsal attendance, communication, behaviour, safety, confidentiality, payment, client solicitation or breach of this Agreement. Musicato may impose corrective actions including warnings, retraining, reduced visibility, suspension, booking restrictions, payout deductions, financial penalties, recovery of losses, blacklisting, termination or referral to law enforcement where appropriate.
A breach or attempted breach of the Artiste's exclusivity obligations constitutes a material breach and entitles Musicato to suspend or terminate the Artiste's account, remove or restrict the Artiste's profile, cancel or reassign pending bookings, withhold or set off unpaid payouts to address losses, refunds, chargebacks, administrative costs, client complaints or commission leakage, and seek injunctive relief, damages, lost commissions, legal costs and other remedies available under law.
11. Limitation of Liability, Indemnity and Force Majeure
The Services are provided on an "as is" and "as available" basis. To the maximum extent permitted by law, Musicato shall not be liable for Client conduct, venue conditions, third-party payment failures, indirect or consequential losses, or disputes caused by matters outside Musicato's reasonable control.
The Artiste agrees to indemnify Musicato against claims, losses, liabilities, damages, penalties, refunds, chargebacks, legal fees and expenses arising from the Artiste's breach, misconduct, negligence, fraud, unlawful conduct, infringement, unauthorised payments, client diversion, uploaded content, tax obligations or violation of applicable law.
Neither party shall be liable for any failure or delay in performing its obligations where such failure or delay is caused by circumstances beyond the affected party's reasonable control, including natural disasters, fire, flood, epidemic, pandemic, civil unrest, war, terrorism, government action, venue closure, labour disruption, security emergency, power failure, transport disruption, platform outage, payment network failure or acts of God. Any affected party shall notify the other party as soon as reasonably practicable and shall use reasonable efforts to mitigate the impact of the force majeure event.
12. Suspension and Termination
The Artiste may close the Artiste's account at any time, provided there are no active, unresolved or unfulfilled bookings, disputes, investigations, chargebacks, unpaid amounts, pending payment reconciliations or continuing obligations owed to Musicato or any Musicato Client.
Musicato may suspend, restrict, remove, deactivate or terminate the Artiste's account, profile visibility or access to bookings immediately where this Agreement is breached, fraud is suspected, Client safety is threatened, Musicato's reputation is damaged, unlawful conduct occurs, platform circumvention is attempted, payment risk arises, verification concerns exist, or continued participation is commercially, legally, reputationally, operationally or security-wise undesirable.
A breach or attempted breach of the Artiste's non-circumvention, exclusivity, payment, safety, confidentiality, client-protection or platform-integrity obligations shall constitute a material breach and may result in cancellation or reassignment of bookings, refusal of service, suspension, termination, withholding or set-off of payouts, recovery of commissions, administrative costs, legal costs, injunctive relief, damages and any other remedies available under this Agreement or applicable law.
Termination, suspension, account closure or expiry shall not affect accrued rights, payment obligations, confidentiality obligations, non-circumvention obligations, client-ownership protections, intellectual property rights, media licences, indemnities, dispute-resolution provisions, data-retention rights, enforcement rights or any clause that by its nature is intended to survive termination.
13. Dispute Resolution, Governing Law, and Notices
Any dispute arising out of or relating to this Agreement, the Services, a booking, payment, cancellation, performance, client complaint, non-circumvention issue or platform enforcement action shall first be submitted to Musicato for internal review. The parties shall cooperate in good faith and provide relevant evidence within the timelines reasonably set by Musicato, and Musicato shall deliver its internal review within 15 days of such dispute.
Where such dispute or claim is not resolved by internal review within 15 days, the parties shall use their best efforts to negotiate in good faith and settle amicably such question or dispute connected to this Agreement.
If the parties are unable to resolve such question or dispute within 30 days (or such further period as agreed in writing), the parties shall, before commencing arbitration, submit the dispute to mediation under the auspices of the Institute of Chartered Mediators and Conciliators (ICMC) Online Dispute Resolution Centre, conducted in line with the Nigerian Arbitration and Mediation Act, 2023 (or any amendment thereto).
If the dispute is not settled by mediation within three (3) months from commencement (or such other period agreed in writing), the dispute shall be settled finally by arbitration in accordance with the Arbitration and Mediation Act 2023, Laws of the Federation. The arbitral tribunal shall be a sole arbitrator appointed jointly by the parties, or by the Nigerian Institute of Chartered Arbitrators if the parties cannot agree within seven days. The seat of arbitration shall be Lagos, Nigeria; the governing law shall be that of the Federal Republic of Nigeria; the language shall be English; and the award shall be final and binding.
This Agreement shall be governed by the laws of the Federal Republic of Nigeria.
Notices may be delivered through the Application, email, SMS, WhatsApp, dashboard notification, written letter or other contact information provided by the Artiste.
14. Taxes, Licences and Statutory Compliance
The Artiste shall be solely responsible for all personal income tax, withholding obligations where applicable, pension contributions, professional levies, union dues, business permits, licences, approvals, registrations and statutory filings arising from the Artiste's independent professional activities, except where Musicato is legally required to deduct, remit or report any amount.
The Artiste shall provide accurate payment, identification and tax information when requested and shall promptly update Musicato where such information changes.
15. Equipment, Instruments and Technical Readiness
Unless a booking confirmation expressly states otherwise, the Artiste shall be responsible for providing, maintaining and safely transporting the instruments, accessories, costumes, personal equipment and performance materials required for the Artiste's service, ensuring such items are functional, presentable, safe for use and suitable for the venue, repertoire and performance standard required. Any technical needs, rider requirements, special equipment requests or limitations must be disclosed to Musicato in advance.
16. Insurance and Personal Risk
The Artiste acknowledges that performance engagements may involve travel, stage movement, public interaction, venue-specific risks, equipment handling and other operational risks, and is encouraged to maintain appropriate personal accident, health, equipment, professional liability or other insurance suitable for the Artiste's activities.
Musicato shall not be responsible for personal injury, loss of personal property, damage to instruments or travel incidents except to the extent directly caused by Musicato's proven unlawful act or gross negligence.
17. Platform Account, Access and Security
The Artiste shall keep all account login details, access codes, booking communications and platform credentials secure and confidential, and shall not permit another person to use the Artiste's account, profile, verification status or booking access without Musicato's written approval. The Artiste must promptly notify Musicato of any suspected unauthorised access, account misuse, identity compromise, payment irregularity or security incident affecting the Artiste's account.
18. Amendments, Platform Policies and Updates
Musicato may update this Agreement, booking procedures, payout rules, verification standards, conduct policies, privacy notices, platform features or operational guidelines from time to time. Where reasonably practicable, Musicato shall provide notice of material changes through the Application, email, dashboard notification or other communication channel. Continued use of the Services, acceptance of bookings or receipt of platform benefits after such notice shall constitute acceptance of the updated terms.
19. Severability, Waiver and Cumulative Remedies
If any provision of this Agreement is held to be invalid, unlawful or unenforceable, that provision shall be interpreted or modified to the minimum extent necessary to make it enforceable, and the remaining provisions shall continue in full force and effect.
A failure or delay by Musicato in exercising any right, power or remedy shall not operate as a waiver of that right, power or remedy. Rights and remedies under this Agreement are cumulative and may be exercised in addition to any rights available under law, equity, contract or platform policy.
20. Assignment and Transfer
The Artiste shall not assign, transfer, subcontract or otherwise dispose of any rights or obligations under this Agreement without Musicato's prior written consent. Musicato may assign, transfer or novate this Agreement, in whole or in part, to an affiliate, successor, investor, purchaser, restructuring entity or business transferee, provided that such assignment does not unlawfully diminish the Artiste's accrued payment rights.
21. Survival of Obligations
Any provision which by its nature is intended to survive expiry, suspension, account closure, final booking or termination shall remain binding after the end of the Artiste's relationship with Musicato, including without limitation confidentiality, privacy, non-solicitation, non-circumvention, client ownership, intellectual property, media rights, indemnity, payment reconciliation, dispute resolution, governing law, recovery of losses and remedies for breach.
22. Electronic Acceptance, Counterparts and Entire Agreement
This Agreement may be accepted electronically, including by clicking an acceptance button, signing digitally, submitting an onboarding form, creating or maintaining a Musicato account, accepting a booking or continuing to use the Services after notice of the applicable terms. Electronic records, digital signatures, platform logs, email confirmations and booking records may be relied upon as evidence of acceptance, communication, performance history and contractual dealings to the extent permitted by applicable law.
This Agreement constitutes the entire agreement between Musicato and the Artiste regarding the Services and supersedes prior discussions, representations and agreements relating to its subject matter.
Declaration
I certify that I have carefully read, understood, and voluntarily agree to be bound by the provisions of this Artiste Subscriber Agreement.
OM – Musicato Service Agreement 02 | Musicato Team
For enquiries: support@musicato.org