Last updated: 8/05/2019
In order to participate in a Threshow– either as Host(s) or a ticket holder– the participating Artist(s) (listed hereafter as Artist(s) require(s) you to accept this Threshow Artist Release and Waiver, which is effective between you and the Artist(s) as of the date when you purchase a ticket or activate, attend, or host a Threshow, whichever happens first. All terms not defined here have the meaning given them in the Threshold Terms of Service.
You represent that you are 18 years of age or older. If you are bringing a minor as a Guest, you acknowledge and agree that you are solely responsible for the supervision of that minor throughout the duration of your Threshow, and have read this Threshow Release and Waiver and agree to it on the minor’s behalf.
If you purchase a ticket on behalf of another person, you will ensure, and you represent and warrant, that each person on whose behalf you purchase a ticket has read and agreed to this Artist Release and Waiver, which shall apply to each of them as if the reference to “you” was a reference to him/her.
If you accept to host a Threshow on behalf of another person, you will ensure, and you represent and warrant, that each person on whose behalf you accept has read and agreed to this Artist Release and Waiver, which shall apply to each of them as if the reference to “you” was a reference to him/her.
Assumption of Risks
You understand and acknowledge that the Threshow(s) you attend may be hazardous and may carry the risk of injury or illness, including sickness, physical injury, property damage, disability, permanent paralysis, and death.
TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, YOU KNOWINGLY, VOLUNTARILY AND FREELY ASSUME ALL RISKS, BOTH KNOWN AND UNKNOWN, OF PARTICIPATING IN EACH THRESHOW, INCLUDING ALL ASPECTS OF YOUR THRESHOW, EVEN IF THOSE RISKS ARISE FROM THE NEGLIGENCE OR CARELESSNESS OF THE ARTIST OR OTHERS, OR DEFECTS IN THE EQUIPMENT, PREMISES, OR FACILITIES USED DURING THE THRESHOW, OR OTHERWISE, AND YOU ASSUME FULL RESPONSIBILITY FOR PARTICIPATION IN THE THRESHOW.
Release and Waiver
You acknowledge and agree that:
- You have reasonably assessed the risks involved in the Threshow(s) and have made an informed and voluntary choice to participate.
- You alone, and not the Artist(s) or anyone else are responsible for determining your fitness for participating in the Threshow(s) and your ability to fully understand any directions or warnings presented.
- You will not participate in any Threshow(s) and/or related activities when you have a physical, medical, or mental limitation or disability, or when you are aware or should reasonably be aware of any factors that may limit or prevent you from safely participating in that Threshow(s) and/or related activities.
- You will act reasonably and responsibly and will comply with any provided and customary conditions, directions, and/or precautions for participation in the Threshow(s) and/or related activities. If you notice any hazard during a Threshow, you will stop participating in the Threshow immediately.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU RELEASE AND PROMISE NOT TO SUE THE PARTICIPATING ARTIST(S) FOR ANY CLAIMS, DEMANDS, CAUSES OF ACTION, LOSSES (WHETHER ECONOMIC OR NON-ECONOMIC), DAMAGES, EXPENSES, COSTS OR LIABILITY OF ANY NATURE WHATSOEVER ARISING FROM OR IN CONNECTION WITH YOUR THRESHOW(S) AND/OR RELATED ACTIVITIES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY, OR ANY OTHER LEGAL THEORY.
If you reside in California, you expressly waive the protection of Section 1542 of the California Civil Code (“Section 1542”), which provides: A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS/HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM/HER MUST HAVE MATERIALLY AFFECTED HIS/HER SETTLEMENT WITH THE DEBTOR. You understand and agree that claims or facts in addition to or different from those which are now known or believed by you to exist may hereafter be discovered.
You intend this Threshow Artist Release and Waiver to be a complete and unconditional release of all liability to the greatest extent allowed by law. You agree that if any portion of this Waiver and Release is held to be invalid, the balance notwithstanding shall continue in full force and effect
Disclaimer of Warranties
TO THE MAXIMUM EXTENT PERMITTED BY LAW, ARTIST(S) PROVIDE THE THRESHOW(S) AND/OR RELATED ACTIVITIES “AS IS,” WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING AND TO THE MAXIMUM EXTENT PERMITTED BY LAW, ARTIST(S) EXPRESSLY DISCLAIM ANY WARRANTIES OF SAFETY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT, AND AS TO THE ADEQUACY OF THE DIRECTIONS AND WARNINGS PROVIDED TO YOU.
You agree that if, despite this Threshow Artist Release and Waiver, you or anyone on your behalf make a claim against the Artist(s) relating to a Threshow and/or related activities, you will indemnify and hold the Artist(s) harmless from any liability, demand, loss, damage, or costs which the Artist(s) may incur as the result of such claim.
You affirm that you HAVE READ THIS ARTIST RELEASE AND WAIVER AND FULLY UNDERSTAND THE ASSUMPTION OF RISK, RELEASE, WAIVER, AND CONSENT CONTAINED IN IT. YOU FURTHER UNDERSTAND THAT YOU HAVE GIVEN UP RIGHTS BY AGREEING TO THESE TERMS, AND HAVE DONE SO FREELY AND VOLUNTARILY AND WITHOUT INDUCEMENT.
IF YOU RESIDE IN THE UNITED STATES, PLEASE NOTE: THE ARBITRATION CLAUSE AND CLASS ACTION WAIVER CONTAINED IN SECTION 19 OF THE THRESHOLD TERMS OF SERVICE APPLIES TO ANY DISPUTE RELATING TO THESE ADDITIONAL TERMS FOR THRESHOW ARTISTS OR TO YOUR USE OF THE SERVICES.
You agree to these Additional Terms for Threshow Artists (“Threshow Artist Terms”) when you become a create a Threshow.
These terms are in addition to the Threshold Terms of Service and the Threshold Payments Terms of Service, and except as explicitly stated, the Threshold Terms of Service and the Threshold Payments Terms of Service apply in full to all Threshow Artists, Threshow Artist Listings, Threshows, Artist Services and/or related activities.
All capitalised terms not defined here have the meaning given to them in the Threshold Terms of Service. Nothing in these Threshow Artist Terms shall be construed to amend or contradict the Threshold Terms of Service unless explicitly stated. If there is a conflict between the Threshold Terms of Service and the Threshow Artist Terms, these Threshow Artist Terms control.
Additional Terms for Artists performing at a Threshow
To create a Threshow you must create an Artist profile, message a Host to work out the date, time an other relevant details, and submit a Threshow request to a Host for final approval. All Threshows must at all times meet the Threshow Quality Standards described below. Threshold reserves the right to decide, in its sole discretion, whether a submitted Threshow will be published on the Threshold Platform. Once published, a Threshow may be removed pursuant to the removal provisions below or pursuant to any applicable removal provision in the Threshold Terms of Service.
When listing a Threshow, fully educate and inform attendees about (i) any risks inherent to the Threshow, (ii) any requirements for participation, such as the minimum age, related skills, level of fitness or other requirements, and (iii) anything else they may need to know to safely participate in the Threshow (including dress codes, equipment, special certifications or licenses, etc.).
By performing at a Threshow on a particular date and time on the Threshold Platform (an “Instance”), you agree that only people who book through Threshold can attend that Instance of the Threshow. You further agree that you will not allow people to attend any Instance of your Threshow available on the Threshold Platform unless that person booked through Threshold (or was added as an additional Guest for a spot booked through the Threshold Platform).
Artists alone are responsible for the Threshows and/or related activities that they submit, list and provide. Threshold merely provides the Threshold Services and is not itself an operator or provider of Threshows, Artist Services, and/or related activities. Threshold does not own, sell, resell, furnish, provide, manage and/or control any such Threshows and/or related activities. Threshold’s responsibilities are limited to making the listings for Threshows available through the Threshold Platform.
You are responsible for acquiring all equipment–including supplies and other materials (“Equipment”)– necessary to perform your Threshow. You are solely responsible for ensuring that the Equipment used in your Threshow 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.
Additional Threshow Artist Responsibilities
You are responsible for (i) understanding and complying with all laws, rules and regulations that may apply to the performance at your Threshow, (ii) obtaining any required licenses, permits, or registrations prior to performing at your Threshow (iii) ensuring that your performance at a Threshow will not breach any agreement you may have with any third party.
You must perform your Threshow in person and may not allow any third party to perform the Threshow on your behalf, unless authorized by Threshold.
If any provision or part of a provision in these terms is held to be invalid, void, or unenforceable, such provision (or the part of it that is making it invalid, void or unenforceable) will be struck and not affect the validity of and enforceability of the remaining provisions.
Updates to these Threshow Artist Terms
We reserve the right to update, modify or discontinue the Threshow Artist Terms, at any time. If we modify the Threshow Artist Terms, we will give you notice and post the modification on the Threshold Site, Application, or Services. By continuing to access or use the Services after the modified Threshow Artist Terms becomes effective, you are indicating that you agree to be bound by the updated terms. If the modified terms are not acceptable to you, your recourse is to stop using the Services.
Unless you reside in Germany, if you or we terminate the Threshow Artist Terms, the clauses of these Threshow Artist Terms that reasonably should survive termination of the Threshow Artist Terms will remain in effect. When the Threshow Artist Terms are terminated, you are not entitled to a restoration of your account (if your account is cancelled) or of the Member Content.
Threshow Quality Standards
All Artists and Hosts must comply with our Terms of Service and Additional Terms for Threshow Artist. Here are some of these additional requirements:
Accuracy: Artists must provide complete and accurate information about the Threshow, including the itinerary, time and date, meeting location, what attendees can expect from the Artist at the event, etc.
Exclusivity: Once an Artist and Host list a Threshow for a particular time and date on Threshold, only Threshold guests who have purchased tickets for that particular Threshow can attend.
Commitment: Artists must perform at all agreed upon Threshows, even if only one person is in attendance, unless they are forced to cancel due to a valid extenuating circumstance.