1. Agreement
These Terms and Conditions (the "Terms") govern your use of the website at thecompanybandlive.com and any services provided by The Company Band Music, LLC ("The Company Band," "we," "us," or "our"). By using our website, submitting an inquiry, signing a performance agreement with us, or hiring us to perform at your event, you agree to be bound by these Terms.
If you are entering into these Terms or a performance agreement on behalf of a company or other legal entity, you represent that you have authority to bind that entity, and "you" and "your" refer to that entity.
If you do not agree to these Terms, do not use our website or services.
2. Our Services
The Company Band provides live band performances for weddings, corporate events, and private parties across twelve markets in the Southeast and Midwest United States: Charlotte NC, Charleston SC, Savannah GA, Knoxville TN, Nashville TN, Louisville KY, Cincinnati OH, Indianapolis IN, Pittsburgh PA, Chicago IL, Houston TX, and Dallas TX.
Specific services for each event — such as performance length, ensemble size, equipment, special song arrangements, and any add-ons — are defined in the individual performance agreement signed by you and us for that event.
3. Booking & Retainer
An event is considered booked only when both of the following have occurred:
- You have signed and returned the performance agreement we send through SignWell, and
- You have paid the 50% retainer described in Section 4.
Until both conditions are met, we are not contractually obligated to hold your date and may book another event in your time slot.
4. Payment Terms
- Retainer: A 50% non-refundable retainer is due upon signing the performance agreement.
- Final balance: The remaining 50% balance is due no later than thirty (30) days before your event date.
- Payment methods: We accept payment through PayPal. Other methods may be available by prior agreement.
- Late payment: If the final balance is not received by thirty (30) days before the event, we reserve the right to cancel the engagement and retain the retainer.
- Travel and lodging: For events outside our home market, reasonable travel and lodging costs may be added to the agreement and are due on the same schedule as the final balance.
5. Cancellation & Rescheduling
Retainers are non-refundable. Once paid, the retainer secures your date and compensates us for booking work and turning away other inquiries for that date.
However, retainers never lose value. If you cancel or need to postpone, your retainer can be applied in full to a rescheduled date or any future event with The Company Band, subject to band availability on the new date. There is no time limit on this credit.
If the final balance has been paid and the event is cancelled by you within thirty (30) days of the event date, the final balance is non-refundable due to the cost of held musicians, blocked dates, and pre-event preparation. If you reschedule with us, we will credit the final balance toward the rescheduled or future event in the same manner as the retainer.
If The Company Band cancels the engagement for any reason within our control, we will refund all amounts paid to us (retainer plus any balance) in full, or in your sole discretion apply the full amount to a rescheduled date.
6. Performance Requirements
For us to perform at the level our clients expect, you agree to provide (or to arrange with your venue to provide):
- A safe, weather-protected, level performance area sized for the ensemble described in your agreement
- Adequate electrical power (specified in your agreement)
- Reasonable access for load-in and load-out, including elevator access for any floor above ground level
- Parking for the band's vehicles at or near the venue
- Light meals or a meal credit for band members during events of more than four hours, where reasonable
- Accurate and timely communication of timeline changes, special moments (first dance, parent dances, introductions), and venue rules
If conditions at the venue make safe performance impossible (for example, an outdoor stage in active lightning, unsafe electrical, or structural concerns), we reserve the right to pause or end the performance for the safety of our musicians and your guests, without refund obligation.
7. Force Majeure
Neither party is responsible for failure to perform due to events beyond reasonable control, including but not limited to natural disasters, pandemics, government orders, terrorism, war, civil unrest, severe weather, transportation failures, or the death or serious illness of a band member without an available substitute. In such cases, we will work with you in good faith to reschedule the event using your retainer (and any balance paid) as a credit, with no penalty to either party. If rescheduling is not possible, refunds beyond the retainer may be issued at our reasonable discretion based on costs already incurred.
8. Recordings, Photos, & Promotional Use
The Company Band retains the right to record audio and video, take photographs, and use these materials for promotional purposes including but not limited to our website, social media, marketing campaigns, and demo reels. By hiring us, you and your guests grant us a non-exclusive, perpetual, royalty-free license to use such recordings and images. If you require an exception (for example, for a confidential corporate event or a guest who has objected on the record), we are happy to discuss it in advance and document the exception in your performance agreement.
9. Intellectual Property
All content on thecompanybandlive.com — including the brand name "The Company Band," our logo, photographs, video, audio recordings, written copy, and design — is the property of The Company Band Music, LLC and is protected by United States copyright and trademark law. You may not reproduce, distribute, or create derivative works from our content without our prior written permission.
10. Limitation of Liability
To the maximum extent permitted by law, The Company Band Music, LLC's total liability to you for any claim arising out of or relating to these Terms or our services is limited to the amount you have actually paid to us under the applicable performance agreement. We are not liable for indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, loss of goodwill, or emotional distress, arising out of or relating to our services.
11. Indemnification
You agree to indemnify and hold harmless The Company Band Music, LLC, its members, employees, and contracted musicians from any claim, loss, damage, or expense (including reasonable attorneys' fees) arising out of (a) your breach of these Terms or your performance agreement, (b) injury to a guest or damage to property at your event caused by you, your guests, your venue, or third parties not under our control, or (c) your violation of any law or third-party right.
12. Governing Law
These Terms and any performance agreement signed under them are governed by and construed in accordance with the laws of the State of North Carolina, without regard to conflict-of-law principles. Any lawsuit, if not resolved by the dispute resolution process below, must be brought in the state or federal courts located in Mecklenburg County, North Carolina.
13. Dispute Resolution
Informal resolution first. If a dispute arises, both parties agree to first attempt to resolve it informally by emailing info@thecompanybandlive.com with a written description of the issue and the outcome you are seeking. We will respond within fourteen (14) business days and work in good faith to resolve the matter.
Binding arbitration. If the dispute is not resolved within sixty (60) days of your initial email, both parties agree to submit the dispute to binding arbitration administered by the American Arbitration Association (AAA) in Mecklenburg County, North Carolina, under its Commercial Arbitration Rules. The arbitrator's decision will be final and may be entered as a judgment in any court of competent jurisdiction.
No class actions. Both parties agree to bring claims only in their individual capacity and not as part of a class action or representative proceeding.
14. Modifications
We may update these Terms from time to time. The "Last updated" date at the top will reflect the most recent change. Material changes will be communicated through a notice on our homepage. Continued use of our website or services after a change constitutes acceptance of the updated Terms. The terms of any performance agreement you have already signed with us will continue to be governed by the version of these Terms in effect at the time you signed.
15. Severability
If any provision of these Terms is held by a court or arbitrator to be invalid or unenforceable, that provision will be modified to the minimum extent necessary to make it valid and enforceable, and the remaining provisions will continue in full force and effect.
16. Contact Us
Questions about these Terms can be sent to:
The Company Band Music, LLC13000 S Tryon St, Suite 365
Charlotte, NC 28278
Email: info@thecompanybandlive.com
Phone: 888.996.6266