Last updated on May 25, 2023
Welcome to AGNT, an online talent booking marketplace connecting event organizers with top-tier performers. These terms and conditions (“Terms”) apply to your use of our Services, which include our website, mobile application, and any related services. The purpose of these Terms is to define the terms and conditions of the relationship between AGNT and you, the user. By using our Services, you agree to be bound by these Terms, and any use of the Services will be deemed acceptance of these Terms. Please read them carefully as they contain important information regarding your legal rights, remedies, and obligations as a user of AGNT.
AGNT Inc. (referred to as “AGNT”, “we”, “us” or “our”) is a talent booking marketplace that connects performing artists (“Talents”) with event organizers (“Organizers”). Our business address is Unit 208, 10359 104 Street NW Edmonton, AB, T5J 1B9 Canada. Our mission is to provide a streamlined and stress-free booking experience for both Talents and Organizers.
The Services we provide include our website (www.agnt.com), mobile application, and any related products, assistance, support, and information we provide to you by means of these websites and applications or via phone, email, chat, and in-person. As a user of our Services, you are agreeing to these Terms and acknowledging that you are a “User,” which includes Talents, Artists, Organizers, and others who access or use the Services.
Please note that AGNT is not a party to any agreement between Talents and Organizers and is not responsible for any interactions, disputes, or damages arising from such agreements. AGNT merely facilitates the connection between Talents and Organizers and provides a platform for them to communicate and transact with one another.
Our contract with you
These Terms are a binding legal agreement between you and AGNT. By using the Services, you agree to be legally bound by these Terms, regardless of whether or not you become a registered user of the Services. Visiting our website or downloading our Applications is an implication that you are in use of our Services.
By accessing or using our Services, you agree to comply with the terms and conditions outlined in this legal statement. We reserve the right to modify these terms at any time, and your continued use of our Services constitutes acceptance of any changes made. It is your responsibility to review these terms regularly to ensure you understand the current version.
Whether you are registering or using the Services on behalf of or for the benefit of a legal entity (e.g. a company you own or work for), you represent that you are authorized to enter into, and bind the entity to, these Terms. These Terms will be binding on both you (in your personal capacity) and the entity, and any references to “you” or “your” in these Terms will include both you and the entity, as applicable. You represent that you are of legal age to enter into a binding contract.
You represent and warrant that you have the legal capacity to enter into and comply with these Terms, and that any information you provide to AGNT is true, accurate, and complete.
AGNT requires that you must provide accurate and up-to-date information about your identity, location, and services you are capable of offering. AGNT may use third-party services as well as databases to verify your details and confirm your ability to represent yourself and your Talent Services. You authorize AGNT to conduct any necessary inquiries to validate your information, subject to applicable laws. Failure to provide complete and timely information or cooperate with verification requests may result in limited account features until verification is complete.
Either party may terminate this agreement for any reason by giving written notice to the other party. Upon termination, you agree to immediately stop using the Services, and AGNT may delete your account and any content associated with it.
Changes to the Services and these Terms
We are constantly improving our Services and may add, modify, or remove features or functionalities from time to time. We reserve the right to suspend or discontinue any Service, or any part of it, at any time without prior notice. Additionally, we reserve the right to terminate or suspend your access to our Services at any time, without notice, for any reason, including if we suspect that you have violated these Terms or any applicable laws.
We may modify these Terms at any time, and the modified version will be effective immediately upon posting on our website or via our Applications. We will also update the “Last updated” date at the top of these Terms. By continuing to use our Services after the modified Terms become effective, you agree to be bound by them. If you do not agree with the modified Terms, your only remedy is to stop using our Services.
We will make reasonable efforts to notify you of any material changes to these Terms, but it is your responsibility to review these Terms periodically for changes. If you continue to use our Services after a change to these Terms, you are indicating that you accept the revised Terms.
We will not be liable to you or any third party for any modification, suspension, or discontinuation of our Services or any part thereof, or for any termination or suspension of your access to our Services. We also disclaim any liability for any harm, loss, or damage arising from your use of or reliance on our Services or any information provided through our Services.
The Services provide a platform that allows, among other things, (a) Talents to advertise their services to Organizers, (b) Organizers to search for Talents based on the nature of the services provided by the Talents, (c) Organizers to book the services of a Talent for a specific event, and (d) Organizers to make payments to Talents for the services provided by Talents. The services provided by Talents to Organizers are referred to in these Terms as the “Talent Services”, and an agreement between an Organizer and an Talent relating to the provision of Talent Services is referred to as “Booking(s)” in these terms.
AGNT offers two applications: AGNT, the talent marketplace app for Organizers, and AGNT PRO, a Talent Management Platform for Talents and Talent representatives. AGNT PRO provides Talents and their representatives with tools to manage their bookings, offers, contracts, and rosters efficiently.
AGNT Allows all Users to sign up using social accounts.
All User types are required to create an account in order to access more features and functionality of the platform: This means that all types of users (Talents and Organizers) need to create a profile to use AGNT's full range of features and services.
A Talent Profile is a public-facing entity on the AGNT marketplace that highlights Talents skills and services. To be booked on the AGNT marketplace, a Talent user must create or “Claim” a Talent Profile as part of their account setup on AGNT PRO, the Talent Management client application of AGNT. Users can create multiple Talent Profiles and manage them from a single account, and these profiles can be shared with and managed by multiple Members.
A Talent Representative is a Talent user who is a member of the Talent's team and has the authority to manage the Talent's account on the AGNT PRO platform. This includes managing the Talent's profile, bookings, offers, and payments on the Talent's behalf. A Talent Representative is typically a person who has a professional relationship with the Talent, such as a manager or agent, and is authorized by the Talent to act on their behalf in managing their bookings and offers. The Talent is ultimately responsible for the actions of their representatives on the AGNT platform, and AGNT is not responsible for any disputes or issues that may arise between the Talent and their representatives regarding the management of their account.
Claim and Verification
AGNT allows the ability for a Talent user to submit a Claim request through the AGNT PRO platform. A Claim Request implies that they own the profile. AGNT accepts more than one request but AGNT performs an offline verification process and at its sole discretion decides whether to transfer the ownership of a Talent Profile to a User or not. Claim Request can only be submitted by a Talent user.
Locations and Serviceable Locations
Every Talent user is required to specify their default location, which is their own location. Each Talent Profile will be required to specify at least one Serviceable location. Serviceable Location implies that the Talent guarantees that they can perform their services physically in Serviceable Locations they’ve selected upon Booking.
An event on AGNT is an organized occasion or activity created by an Organizer for the purpose of having Talent provide their Talent Services to an audience. Events can be created for various reasons such as celebrations, entertainment, education, networking, marketing, and fundraising. They can take many forms, including conferences, concerts, festivals, workshops, and more. Events are planned in advance and may include specific details such as the date, time, location, event type, Talent requirements, and other relevant information.
AGNT provides Organizers with the ability to create Events and share event details with Talents they wish to book. Events can be designated as Public or Private by toggling the “Bid to Perform'' option ON or OFF, respectively. If set to ON, the Event will be made Public, allowing Talents to view the details and submit bids for the Organizer's review. If set to OFF, the Event will not be publicized, and Talents will only be able to see it if the Organizer sends a Booking Request directly to a Talent Profile. In addition to basic event details, Organizers can provide Additional Advanced Details, including information on A/V requirements, ticketing, stages, age restrictions, and more, when creating an Event.
A Booking Offer is a proposal for a legally binding agreement made on AGNT by either the Organizer or Talent, in which the Talent agrees to provide Talent Services at the Organizer's event for a specified fee called "Booking Fee". If the Organizer initiates the offer, it is known as a “Booking Request”, and involves a direct request for the Talent's services. The Talent can choose to accept or decline the Organizer's Booking Request. Conversely, if the Talent initiates the offer, it is called a “Booking Bid” (or simply “Bid”), and involves Talent submitting a bid to perform at a publicly listed Event hosted by the Organizer. The Organizer can then choose to accept or decline the Talent's Booking Bid. Before accepting or declining a Booking Offer (Bid or Request), messaging communication between the two parties can be made.
Bid to Perform
Bid to Perform is a feature in AGNT's Event creation process that allows Organizers to review bids submitted by Talents who match the preferences set by the Organizer. When an Event is published with the "Bid to Perform'' option enabled, the listing becomes publicly visible to relevant Talents, who can then submit their bids. Organizers can view and compare the bids received and select the Talent whose bid best suits their event.
Bookings refer to a booking contract made by the acceptance of a Booking Offer, in which the Talent agrees to provide Talent Services at the Organizer's event for a specified fee. Payment by the Organizer is required to “Confirm” the booking, meaning to make the agreement between the Organizer and Talent, a legally binding contract. A Booking outlines the terms of the Talent's performance at the event, including but not limited to the date, time, location, compensation, and any other relevant details. A Booking must be “Fully Paid” before the Event's Start Time, as stated in the Payment Terms of the contract. This means that all invoices for the booking must be paid by the Organizer for the Talent to fulfill their obligation to perform their Talent Services as outlined in the booking contract. Any booking cancellations may incur penalties to the canceling party (See “Cancellations”). It's important to note that in the event of a dispute, the terms of the Booking contract will govern, and any ambiguities or loopholes in the contract may be subject to legal interpretation. To avoid any confusion or misunderstandings, both parties should carefully review and agree to the terms of the Booking contract before accepting and confirming the Booking.
A booking has the following states:
A Booking is considered ‘Accepted’ when a Booking Offer, Bid or Request, is accepted by the receiving party, Organizer or Talent respectively. The Booking is not a legally binding contract until an invoice for the booking has been paid by the Organizer before the invoice’s confirmation deadline.
A Booking is considered ‘Confirmed’ when a deposit is made by the Organizer, meaning the Organizer has paid the Deposit Invoice. Confirmed bookings are a legally binding contract.
A Booking is considered ‘Fully Paid’ when a balance is paid in full, meaning the Organizer has paid the Balance Invoice. Fully Paid bookings are considered Confirmed, and are a legally binding contract.
A booking is considered ‘Cancelled (Binding)’ when an Organizer or Talent breaks a legally binding booking contract without a valid reason or with a reason that is not deemed dismissible by AGNT. In this case, the party cancelling the booking may be subject to penalties as outlined in the booking contract and AGNT's policies (See “Cancellations”). Any cancellations made by Talent are considered Cancelled (Binding).
A booking is considered ‘Cancelled (Non-Binding)’ when an Organizer breaks a legally binding booking contract for a valid reason, or within the cancellation period outlined in the Talent's cancellation policy. In this case, the Talent may receive a cancellation payout as outlined in their cancellation policy, but the Organizer will not be subject to any penalties beyond the cancellation payout.
A booking is considered ‘Void’ when the Talent terminates the booking contract without penalty due to the Organizer's failure to pay an invoice before a confirmation deadline specified in the contract. In such cases, the Talent is not obligated to perform any Talent Services, and AGNT may impose penalties on the Organizer, as outlined in the booking contract and AGNT's policies.
Payment Terms, including deposit and balance amounts and their due dates, are generated as part of the Booking Offer. Both parties are aware of the amount and timing of the payments to be made by the Organizer upon acceptance of the Booking Offer. The Payment Terms are calculated from the following conditions:
A Booking Request to a Talent cannot be sent without at least 2 hours notice. A Booking Request sent within a 24 hour timeframe will default to expire 90 minutes ahead of Event Start Time. Talents must accept the booking at least 90 minutes before Event Start Time. In this case, a Balance Invoice with the full balance amount is due within 60 minutes of Booking Offer acceptance.
If a Booking Offer is accepted (Bid or Request) between 24 hours to 48 hours ahead of Event Start Time, the full amount of invoice is due to be paid within 12 hours of Booking Offer acceptance.
If a Booking Offer is accepted (Bid or Request) between 48 hours to 336 hours ahead of Event Start Time, the full amount of invoice is due to be paid within 24 hours of Offer acceptance.
If a Booking Offer is accepted (Bid or Request) more than 336 hours ahead of Event Start Time, Organizer will have the option to select between 25%, 50%, 75% or 100% as initial deposit which is due within 48 hours of Booking Offer acceptance. The Balance amount will be due 48 hours prior to Event Start time.
Deposit and Balance invoices are generated as part of the payment terms outlined in the booking contract on behalf of the Talent. The amounts and due dates for these payments are specified in the contract's payment terms. In the event that an invoice is not paid by the specified due date, it will be considered “Overdue.” Overdue invoices may result in the cancellation of the Booking, and therefore, prompt payment is essential to secure the Booking. It's important to note that if a Booking is partially paid and the remaining amount becomes Overdue, this may also result in the eventual cancellation of the Booking. Additionally, depending on the Talent's cancellation policy, cancellation payouts may apply in the event of a cancellation.
An invoice has the following states:
Unpaid - An invoice that has not been paid by the Organizer.
Overdue - An invoice that is not paid by a specified due date by the Organizer.
Payment Processing - An invoice payment that is being processed by the payment processing provider selected by the Organizer.
Paid - An invoice payment that has been successfully made by the Organizer.
Refund in Progress - A refund for a paid invoice that is being processed by the payment processing provider selected by the organizer.
Refunded - A paid invoice that has been successfully refunded back to the Organizer.
Refund Failed - A refund for a paid invoice that was unsuccessful.
Void - An invoice that is null and no longer valid at the behest of the Talent.
Cancelled - An invoice is cancelled and no longer valid due to a booking cancellation made by either the Organizer or Talent.
Delinquent - An invoice is delinquent and no longer valid due to an automated cancellation for an unpaid invoice by the Organizer.
Reviews, Ratings, and Feedback
AGNT from time to time may update Reviews, Ratings and Feedback mechanism to promote healthy business. Organizers and Talents will have the ability to share their Reviews, Ratings and /or Feedback to the other User type against a successful Booking. All Feedback, Ratings, Reviews are final and AGNT has the right to update and modify before publishing or un-publishing.
Payments and Payouts
AGNT acts as “means to connect platform” when a Booking is made between two parties. Therefore, when a payment is made against a Booking, AGNT acts only as a facilitator to hold the Payment for a Booking before services are carried out. AGNT may from time to time improve, add, modify payment and payout methods, timelines, policies including but not limited to addition of verification processes, validation methods, security and fraud protection. Whereas, AGNT will provide a clear statement of every transaction and all transactions by providing Invoices and Receipts to Organizers and Talents for their records.
AGNT collects processing fee (transaction fee) to process your payments when a payment is made, this fee is not refunded as it is absorbed by the e-merchant payment processor.
AGNT charges a flat 20% platform fee applicable on the Booking amount, collected before it is disbursed into Talent’s bank account. AGNT reserves the right to revise the platform fee as well as provide additional services at an additional cost.
All other capabilities made available as part of Services on AGNT platform may be updated, modified, deprecated from time to time by itself or by using Third-parties, partners, affiliates. In any event, you agree to hold AGNT harmless with no claim or liability whatsoever for the change, modification, malfunction, bugs, enhancements as well for the receipt of such changes and notifications.
Your relationship with us and with other users
AGNT is a facilitator between Talents and Organizers, and does not provide, receive, or contract for Talent Services. We are neither a Talent or an Organizer and have no control over the conduct of any Users. Therefore, we disclaim all liability in this regard to the maximum extent permitted by law.
The Services may allow you to enter into a legally binding contract with other Users. However, we will never be a party to such a contract, and no joint-venture, partnership, employment, or agency relationship exists or will exist between you and us.
We are not responsible for any damage or harm resulting from your interactions with other Users, contracting or meeting with other Users, and we do not endorse, guarantee, or make any representations about any Users or their commitment to you and AGNT or their ability to perform or pay for the Talent Services. We strongly recommend that you exercise due diligence and care when deciding whether to contract with or have any interactions with another User, and take appropriate precautions, especially if you are meeting in person or agreeing to buy or provide services.
Any legal remedy or liability that you seek to obtain for actions or omissions of Users or other third parties will be limited to a claim against the particular User or third party who caused you harm. You may not attempt to impose liability on or seek any legal remedy from us with respect to such actions or omissions.
If you are a Talent and you choose to contract or subcontract any portion of the Talent Services to another person or entity or engage employees or others to assist with performing the Talent Services, you will ensure that they comply with these Terms. You will be responsible for all of their actions and omissions and breaches of these Terms, as if those actions, omissions, or breaches were your own.
Fees, Payments and Service Charges
Fees (For Talents)
If you are a Talent, you will be responsible for setting the fees applicable to the Talent Services you provide, and for collecting and remitting any applicable taxes that you are required by applicable law to collect and remit. We have no obligation to calculate, collect or remit any taxes on your behalf.
The Service may allow you to select a cancellation policy that will apply to a Booking (see “Cancellations” below). Depending on the cancellation policy you select, the fees may be payable in full by the Organizer at the time the Booking is made, or may be paid in installments. However, we will not deposit any fees into your account until after the scheduled date of the applicable event. After such date, we will attempt to deposit the fees within 7 business days (less applicable service charges called Platform Fee) into your account we have on record for you. We usually deposit fees within five business days after the event, but in some cases it may take a few additional days until the amounts appear in your account.
If an Organizer informs us that they are disputing any of your fees or the performance of the Talent Services, we may temporarily withhold any portion or all of your payable fees until the dispute is resolved (see “Dispute resolution between Users” below).
You are responsible for ensuring that your payment information is kept accurate and up to date at all times, and AGNT will not be responsible for any fees that are not paid to you as a result of incorrect payment information.
As a User, you agree to collect payments for the Talent Services only through the payment facilities made available through the Services. If AGNT has reasonable grounds to believe that you have breached this obligation (e.g., by receiving payments directly from an Organizer), we reserve the right to suspend or terminate your access to the Services without notice.
Additionally, in such cases, you agree to pay a liability fee to AGNT, ranging from CAD 5,000 to 25,000, as determined by AGNT at its sole discretion. This fee is in addition to any other legal remedies that AGNT may pursue to protect its interests.
If you are an Organizer, the fees applicable to a Booking will be specified on the order screen at the time you make the Booking. The fees specified on the order screen may or may not include applicable taxes and Talent Service fee. AGNT collects processing fee (transaction fee) to process your payments when a payment is made. It is absorbed by the e-merchant payment processor and AGNT collects on its behalf. A processing fee in any situation is non-refundable. Unless otherwise specified, all Bookings are final and all fees whether fully paid or partial are non-refundable.
Talents acknowledge and agree that they are responsible for any tax liability associated with payments received from Organizers and through AGNT. AGNT will not withhold any taxes from payments unless required by law. Talents are also responsible for obtaining any insurance coverage required by law, and AGNT does not provide insurance. Talents must comply with applicable laws and regulations regarding invoicing, reporting, and tax collection, and must notify AGNT if withholding is required outside of Canada. Talents must cooperate with AGNT in the event of an audit and provide necessary documents such as tax returns and business records. AGNT is not responsible for any penalties or interest resulting from Talent's failure to comply with applicable laws.
In the process of making a Booking, the Booking screen will specify the schedule for the payment of the fees (for example, in some cases the fees may be payable in full at the time the Booking is made, while in other cases, the fees will be payable in two payment schedules). Upon confirmation of booking, based on the Payment policy (see payment services policy section) you will be presented with an invoice and will be required to use a payment method (see payment services policy section) and run the transaction. If the transaction continues to fail for any reason for full or any portion of the fees (for example, due to incorrect account information or insufficient funds in your account), you may be deemed to have canceled your Booking and you will not be entitled to a refund of any amounts you have already paid. You acknowledge that entering into Booking is binding (see “Cancellations – Cancellations by the Organizer” below).
You may make payments for the Talent Services only by using the payment facilities made available through the Services. If we believe that you have breached this obligation (for example by making payments directly to a Talent), we may suspend or terminate your access to the Services.
The Service may also allow Users to make payments using a variety of payment options, such as but not limited to credit cards, PayPal, Apple Pay and bank transfer services. You authorize us to use third-party payment processors and mobile payment platforms (“Payment Processors”) to process payments or credits in connection with the Services as well as disburse payouts. The processing of payments or credits, as applicable, in connection with your use of the Services will be subjected to the terms, conditions and privacy policies of the Payment Processors in addition to these Terms. We are not responsible for any errors made by the Payment Processors. You acknowledge that the Payment Processors may charge fees in connection with the services they provide (see “Service Charges” below).
You hereby acknowledge to use authorized payment methods only explicitly under your name or the business entity you represent and refrain from any fraudulent activity or misuse of the platform. We cannot guarantee that all payments made through the Service will be legitimate. We are not responsible for any losses or damages resulting from fraudulent activity, including but not limited to stolen credit card information or unauthorized use of bank accounts or in case of a chargeback. If we suspect fraudulent activity, we reserve the right to take appropriate action, including but not limited to canceling transactions and reporting the incident to the relevant authorities.
We strive to ensure that the Service operates without interruption, but we cannot guarantee that it will be error-free. We are not responsible for any losses or damages resulting from technical errors, including but not limited to system downtime, software glitches, and network interruptions affecting any transaction activity. However, we will provide assistance in resolving to the best of our ability and per our policies.
Certain service charges, Platform Fee, and processing fees may apply to each Booking (collectively, “Service Charges”). For example, if you are an Organizer, Service Charges may be added to the fees you are required to pay in connection with a particular Booking, and if you are a Talent, Service Charges may be deducted from any amounts that are paid to you.
The Service Charges may not include amounts that we charge, as well as amounts charged by third parties that we engage, such as Payment Processors which may be charged separately.
The AGNT platform fee is estimated to be approximately 20% of the total payment made for a Booking. This fee will be deducted at the time of payment, whether in full or partial, and the remaining amount will be disbursed to the Talent according to the specified schedule.
You also acknowledge that additional fees may be charged by your bank or credit card company, and that foreign currency conversion costs or fees may apply if your bank account or credit card account is not denominated in the currency of payment accepted on AGNT platform.
Unless otherwise specified, Service Charges are non-refundable. If a Booking is canceled by either the Talent or the Organizer, the Service Charges applicable to the Booking will not be refunded, and additional Service Charges may apply in connection with any amounts that may be refunded or credited as a result of the cancellation.
Cancellations by the Organizer
If you are a Talent, the Services will provide you with a number of cancellation policies for you to choose from, that will apply if the Organizer cancels a Booking. If the Organizer cancels a Booking, depending on the cancellation policy, you may be entitled to all or a portion of the fees already paid by the Organizer. If so, we will usually deposit the fees within seven business days after the cancellation, but it may take a few additional days until the amounts appear in your account.
If you are an Organizer, the cancellation policy that will apply to a particular Booking will be specified on the order screen when you make the Booking.
A description of the current cancellation policies is stated below however, as this description is revised from time-to-time, different policies may apply to Bookings made at an earlier date.
Each Talent Profile will have the option to select only one from the following four options. These options can only be selected to be applicable to a new Booking or bid. Any existing Bookings will not take into effect the change to Cancellation policy and shall only be applicable to the new Bookings.
Very Flexible - (Full refund 48 hours prior to event start time)
When this policy is selected by the talent, under this policy, organizers can cancel until 48 hours before the event start time for a full refund.
If the organizer cancels after the 48-hour window, they will forfeit all monies, and the talent will be paid in full.
Flexible - (Full refund 14 days prior to event start time)
If the booking is confirmed between 2 weeks and 7 days before the event start time, the event organizer has 72 hours to cancel for a full refund, or up to 1 week before the event start time, whichever comes earlier. If the organizer cancels the booking outside of this time frame, the deposit will be kept by the talent.
Moderate - (Full refund 28 days prior to event start time)
Organizers can cancel 28 days before the event start time for a full refund.
If the organizer cancels the booking outside of this time frame, the deposit and any payment will be kept by the talent. Additionally, there will be a cancellation payout applicable with full amount to be paid to talent if the organizer cancels the booking after 7 days to go for the event start time.
Strict - (Full refund within 72 hours of booking acceptance)
Organizers can cancel within 72 hours of booking acceptance for a full refund.
If the organizer cancels no more than 7 days before the event start time, the talent will be paid the deposited. If any balance amount has been paid earlier, it will be refunded to the organizer.
If the organizer cancels fewer than 7 days before the event start time, the talent will be paid the full amount.
Cancellations by the Talent
If the Talent cancels a booking and notifies AGNT as well as the Organizer using the tool provided through the Service within three days of the Event Date, the Organizer will be credited with 100% of the fees applicable to the Booking, minus any applicable Service Charges. The credit will either be applied to another Booking or refunded to the payment method used by the Organizer within seven business days. If the Talent cancels a Booking but fails to notify AGNT, or notifies the Organizer without notifying AGNT, or fails to notify either party in the prescribed manner, the Organizer is required to notify AGNT through customer support or the dispute process within twenty-four hours of the event's completion time. Failure to notify AGNT by the Organizer in this case may result in the inability to provide a credit to the Organizer, and the Organizer will need to seek a refund directly from the Talent.
Dispute resolution between Users
In the event of a dispute between two users of our services regarding any booking or payment for talent services, we strongly encourage both parties to attempt to resolve the issue directly. If a resolution cannot be reached, you may request our dispute assistance service by contacting [[email protected]] or using the dispute ticket feature provided through the Service.
To request our dispute assistance service, we require that you notify us within three business days following the completion time of the booking(s) in question. Our dispute assistance service acts as a platform authority and may only adjudicate disputes between organizers and talents.
We want to emphasize that we are not required to adjudicate disputes between users or facilitate third-party arbitration services. However, if all parties agree to proceed with dispute assistance or arbitration services, you acknowledge and agree to the following:
We will only adjudicate a dispute if both users provide consent.
We will have sole discretion to set the process that will apply to the adjudication of the dispute.
You will promptly provide us with any information relating to the dispute that we request.
If you provide any information to us relating to the dispute, we may provide that information to the other user and give them an opportunity to respond.
We are not advocating for either party and will not provide any legal advice relating to the dispute. We will have no duties to you, whether fiduciary or otherwise, in connection with our adjudication of the dispute.
The dispute resolution process may compromise other legal rights that you may have against the other user.
Please note that all significant communication regarding bookings between both users must be conducted using the AGNT platform Inbox tool. Any communication outside of AGNT may not be considered as evidence.
In cases where we are notified of a dispute, we may elect to take one or more of the following actions, without obtaining the consent from any user:
Withhold payment to the talent of all or a portion of any fees we have received.
Pay to the talent all or a portion of any fees we have received (after deducting applicable service charges).
Refund to the organizer all or a portion of any fees we have received (after deducting applicable service charges).
Charge your card on file to recollect any fees paid against booking(s) in question.
If we elect to adjudicate a dispute between users, we will notify both parties once a decision has been made. If we decide that all or a portion of the fees should be refunded to the organizer, we may initiate such a refund (after deducting applicable service charges) without any further consent from either user. Any decision we make will be final.
If you disagree with our decision, you may be able to make a claim against the other user using a different process, such as initiating a lawsuit. However, you will have no rights or claims against us relating to the dispute or our adjudication of the dispute. If you choose to make such a claim or otherwise challenge or dispute our decision, we reserve the right to suspend or terminate your access to our services.
We want to emphasize that we disclaim any responsibility or liability for disputes between users, regardless of any attempts made or not made to resolve or mediate these disputes. By using our services, you release and permanently discharge us, our affiliates, partners, third parties, and all respective officers, directors, employees, attorneys, and agents from any actions, lawsuits, or claims that you have had, currently have, or may have in the future, relating to or arising from any user disputes (including our involvement or lack thereof in resolving or mediating such disputes).
Your Use of The Services
Subject to your adherence to these Terms, we grant you a limited, non-exclusive, non-transferable, and revocable license to: (a) download and install one copy of the Application on a single mobile device that you own or control; (b) execute that copy of the Application; and (c) access and utilize the Services through the Application and our website. This license is granted solely for the purpose of using the Services in strict compliance with these Terms. Any deviation from these Terms may result in the immediate termination of this license.
When using our Marketplace, it is essential that you utilize our Services appropriately and as intended. Please adhere to the following guidelines:
You will at all times:
Use the Services in compliance with these Terms, and any applicable laws, regulations, and rules.
Provide accurate and truthful information when creating a profile or using the Services.
Maintain the security and confidentiality of your account password and accept responsibility for managing and safeguarding access to your account.
Abide by all relevant laws, regulations, and rules applicable to your use of the Services.
You may not at any time:
Use the Services except for your own internal use. For example, you may not license, sub-license, distribute, sell, resell or assign the Services to others.
Use the Services for any unlawful or fraudulent purpose.
Use another User’s account, or allow others to access your account.
Use the Services with an incompatible or unauthorized device.
Reverse engineer the Services, modify or make derivative works based on the Services, or access the Services in order to design or build a competitive product or service, or a product or service that uses similar ideas, features, functions or graphics as the Service.
“Frame” or “mirror” the Services on any other server or wireless or Internet-based device.
Take any action that impairs the proper operation of the Services, or launch any automated program or script (such as web spiders, web crawlers, web robots, web ants, web indexers, bots, viruses or worms), or any program which may make multiple server requests per second, or unduly burdens or hinders the operation and/or performance of the Services.
Interfere with or disrupt the integrity or performance of the Services or the data contained in them.
Attempt to gain unauthorized access to the Services or any related systems or networks.
Send spam or otherwise duplicative or unsolicited messages.
Make any form of misrepresentation or provide any information that may be misleading.
Send or store infringing, obscene, threatening, libellous, or otherwise unlawful or tortious material, including material that is harmful to children or violates third party privacy rights.
Cause nuisance, annoyance or inconvenience to other Users.
Everyone should be treated fairly and legally on AGNT.
Express an unlawful preference in an event or job post or bid or booking
Unlawfully discriminate against someone
Incite or encourage violence
Post personal identifying information or other sensitive, private data about another person
Spam other users with bids or Booking requests. This includes posting the same Event several times at once and contacting people you connected with on AGNT or outside of AGNT without their permission.
Request or provide services that primarily concern making purchases on behalf of another, including the purchase of cryptocurrency or NFTs.
We may monitor your access to and use of the Services to ensure you're in compliance with these Terms, or to comply with applicable law or the order or requirement of a court, administrative agency, or other governmental body. Failure to follow these guidelines may result in consequences, including the suspension or termination of your access to our Services.
Note that these guidelines are not exhaustive, and we reserve the right to update or modify them at any time in our sole discretion. Your continued use of the Services constitutes your agreement to abide by any such updates or modifications.
In addition to the other representations, warranties and covenants in these Terms, you also represent, warrant and covenant to us, at the time you agree to these Terms and at all other times, that:
Any information you provide to us in connection with your use of the Services or registration for the Services is accurate and complete.
You comply and will continue to comply with all applicable laws and regulations, including those related to the provision of Talent Services.
You have obtained, and will maintain, all necessary permits, licenses, and other governmental authorizations required to conduct your activities (including the provision of Talent Services, if applicable), and will comply with all applicable laws and regulations related to those permits, licenses, and authorizations.
If you are a Talent, you have and will maintain appropriate insurance coverage, as required by applicable law or industry standards, to protect against anticipated risks, damages, and losses related to the services being delivered (including the Talent Services). You will provide evidence of this insurance upon request.
You, your employees, contractors, and subcontractors are covered by workers’ compensation insurance, if required by applicable law.
If you are a Talent, you have the necessary expertise and experience to provide the Talent Services you offer using the Services, and the Talent Services will be provided and supported by appropriately qualified individuals in a professional manner, acting with due skill, care, and diligence.
You are not located in a country that is subject to a U.S. or Canadian Government embargo, or that has been designated by the U.S. or Canadian Government as a “terrorist supporting” country. Additionally, you are not listed on any U.S. or Canadian Government list of prohibited or restricted parties.
These representations, warranties, and covenants are ongoing and remain in effect for the duration of your use of the Services. You acknowledge that any breach of these representations, warranties, and covenants may result in the termination of your account and/or legal action.
You and other Users may be allowed to submit reviews, comments, ratings and feedback (collectively, “Reviews”) relating to the Services, the Talent Services or other Users. These include Reviews that other Users may submit relating to you or the services you provide.
We have the right to post these Reviews publicly in the Services, and on any websites, applications and other platforms that we own, manage, control or use. We may post some, all or no Reviews, and may edit, sort or present the Reviews in our sole discretion. We will not post any Reviews that we know or have reason to believe are false or misleading.
We do not verify the accuracy or truthfulness of any Reviews and do not endorse any opinions expressed in Reviews. We disclaim any liability and responsibility for the content and consequences of posting, not posting or editing any Reviews, and you release any and all claims that you may have against us relating to Reviews (including without limitation any claims for libel or defamation).
However, we reserve the right to remove any Reviews that we believe are false, defamatory, infringing, or violate our Content Standards or applicable laws. If you believe that a Review violates our Content Standards or applicable laws, please notify us promptly.
By submitting a Review, you represent and warrant that it is true, accurate, and not misleading, and that you have the right to submit the Review and grant us the right to use it as described in these Terms. You agree to indemnify and hold us harmless from any and all claims, damages, expenses, or other losses arising out of or in connection with your Review.
We may use automated systems to analyze Reviews, including for fraud detection and filtering out Reviews that violate our Content Standards or applicable laws. You agree not to use any automated or manual means to submit or post Reviews in a manner that violates these Terms or our Content Standards, or to engage in any conduct that interferes with or disrupts the Services or any User's use or enjoyment of the Services."
In this revised version, we have added language clarifying that AGNT will not post false or misleading reviews and will remove reviews that violate our Content Standards or applicable laws. We have also added language requiring users to indemnify and hold us harmless from any claims arising out of their reviews, and prohibiting users from engaging in conduct that interferes with the Services or other users' enjoyment of the Services. Finally, we have added language about AGNT's use of automated systems to analyze reviews.
We alone (and our licensors, where applicable) own all right, title and interest, including all related intellectual property rights, in and to the Services. This includes any information you submit or provide to other users using the Services. Except for the licenses and rights expressly granted in these Terms, no licenses or rights under any intellectual property are granted to you by implication or otherwise.
If you provide any suggestions, ideas, enhancement requests, feedback, or recommendations regarding the Services, you acknowledge and agree that such contributions become our property, including all related intellectual property rights. However, we will not claim ownership of any User Content that you submit or post on the Services.
By submitting any contributions, you grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display such contributions in connection with the Services, including without limitation for promoting and redistributing part or all of the Services (and derivative works thereof) in any media formats and through any media channels.
You acknowledge and agree that any use or reliance on any contributions provided by other users or us is at your own risk. We do not endorse, support, represent, or guarantee the completeness, truthfulness, accuracy, or reliability of any contributions or endorse any opinions expressed by users.
Content in the Services
In these Terms, "Content" means all materials of every kind and nature posted to or accessible using the Services, including any materials we provide, you provide, or other Users provide. This includes text, graphics, photographs, images, videos, music, and Reviews. "Your Content" refers to any materials you upload, submit, or send in connection with your use of the Services, and "User Content" refers to any materials Users upload, submit, or send in connection with their use of the Services (including Your Content).
You have a limited, revocable, non-exclusive, non-transferable license to view any Content to which you are permitted access, subject to compliance with these Terms. You may save or print copies of any documents made available through the Services that you reasonably need for your own record-keeping purposes, such as order confirmations and invoices. You may not use any Content (other than Your Content) for any other purposes, including modification, distribution, licensing, sale, performance, streaming, or broadcasting.
We are not continuously monitoring Your Content or any other User Content. However, we reserve the right, at any time and without prior notice, to remove access to any User Content for any reason, including, without limitation, if we believe the User Content may violate these Terms.
You acknowledge that You, other Users, and third parties are solely responsible for Your Content and User Content, respectively. You represent and warrant that You have all necessary rights, licenses, and permissions to Your Content and that Your Content does not infringe or violate any third party's rights or any applicable law. You agree to indemnify and hold harmless AGNT from any claims or liabilities arising from Your Content or User Content.
You will retain ownership of any intellectual property rights that you hold in your Content. However, you give us (and our affiliates, partners, and third-party service providers) a non-exclusive, worldwide, royalty-free, and fully paid license to use, copy, host, store, adapt, modify, create derivative works from, distribute, publicly display, and publicly perform your Content solely for the purpose of operating, promoting, and improving the Services.
This license will terminate when you delete your Content from the Services, except to the extent that we have already used or shared it in accordance with these Terms. We will not use or share your Content with third parties except as necessary to provide the Services, or as required by law.
You represent and warrant that your Content (including without limitation any music clips or videos you upload to the Services) (a) does not infringe, misappropriate or violate any intellectual property rights, rights of privacy or personality rights, (b) is not obscene, threatening, defamatory, disparaging, offensive, derogatory, crude or objectionable, and (c) complies with all applicable laws. You acknowledge that we have no obligation to pre-screen or monitor any Content, but we reserve the right to remove or modify any Content that violates these Terms or is otherwise objectionable in our sole discretion.
Third party Interactions
The Service may link to websites, or integrate content from, or allow integrating contents from third-party services, that are owned and controlled by third-parties (such as YouTube, Spotify and more). These websites, content and services are beyond our control and may be subject to their own distinct terms and conditions, along with separate privacy policies. You are responsible to review and understand these terms and policies before interacting with or using such third-party resources.
App Store sourced Application
The following terms apply if you download an Application from the Apple App Store or access the Services using an Application on an iOS device or downloaded from the Apple App Store:
You and AGNT acknowledge that these Terms are concluded between you and AGNT, and not with Apple, and Apple is not responsible for the App Store Sourced Application and the content thereof.
The license granted to you for the App Store Sourced Application is limited to a non-transferable license to use the App Store Sourced Application on any Apple mobile device that you own or control and as permitted by the Usage Rules set forth in the App Store Terms of Service.
You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App Store Sourced Application, and AGNT shall be solely responsible for any maintenance and support services, to the extent they are required by applicable law.
In the event of any failure of the App Store Sourced Application to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the App Store Sourced Application (if any). To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App Store Sourced Application, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty (whether express or implied by law, to the extent not effectively disclaimed) will, as between Apple and AGNT, be AGNT’s sole responsibility.
You and AGNT acknowledge that, as between AGNT and Apple, AGNT, not Apple, is responsible for addressing any claims you or any third party may bring relating to the App Store Sourced Application or your possession and/or use of the App Store Sourced Application, including, but not limited to: (i) product liability claims; (ii) any claim that the App Store Sourced Application fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.
You and AGNT acknowledge that, in the event of any third party claim that the App Store Sourced Application or the end-user’s possession and use of the App Store Sourced Application infringes that third party’s intellectual property rights, as between Apple and AGNT, AGNT, not Apple, will be solely responsible for the investigation, defence, settlement and discharge of any such intellectual property infringement claim to the extent required by these Terms.
You and AGNT acknowledge and agree that Apple, and Apple’s subsidiaries, are third party beneficiaries of the Terms, and that, upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third party beneficiary thereof.
OUR WARRANTIES AND DISCLAIMERS
IF YOU CHOOSE TO ACCESS OR USE THE SERVICES YOU DO SO AT YOUR SOLE RISK. THE SERVICES ARE PROVIDED ON AN “AS IS” BASIS, WITHOUT REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED.
WITHOUT LIMITING THE FOREGOING WE EXPRESSLY DISCLAIM ANY REPRESENTATIONS, WARRANTIES OR CONDITIONS (A) OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT, (B) ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE, (C) THAT THE SERVICES WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS, (D) REGARDING THE QUALITY OF THE SERVICES OR REGARDING OTHER USERS OF THE SERVICES, OR (E) THE ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF ANY CONTENT.
THE MATERIALS APPEARING ON AGNT WEBSITE AND APPLICATIONS COULD INCLUDE TECHNICAL, TYPOGRAPHICAL, OR PHOTOGRAPHIC ERRORS. AGNT DOES NOT WARRANT ANY OF THE MATERIALS ON ITS WEBSITE AND APPLICATIONS ARE ACCURATE, COMPLETE, OR CURRENT. AGNT MAY MAKE CHANGES TO THE MATERIALS CONTAINED ON ITS WEB SITE AT ANY TIME WITHOUT NOTICE. AGNT DOES NOT, HOWEVER, MAKE ANY COMMITMENT TO UPDATE THE MATERIALS.
AGNT HAS NOT REVIEWED ALL OF THE SITES LINKED TO ITS INTERNET WEB SITE AND IS NOT RESPONSIBLE FOR THE CONTENTS OF ANY SUCH LINKED SITE. THE INCLUSION OF ANY LINK DOES NOT IMPLY ENDORSEMENT BY AGNT OF THE SITE. USE OF ANY SUCH LINKED WEB SITE IS AT THE USER’S OWN RISK.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM US OR THROUGH THE SERVICES WILL CREATE ANY REPRESENTATION, WARRANTY OR CONDITION NOT EXPRESSLY MADE IN THESE TERMS.
WE EXPRESSLY DISCLAIM ALL LIABILITY FOR ANY ACT OR OMISSION OF ANY ORGANIZER, TALENT, USER OR OTHER THIRD PARTY.
LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE ENTIRE RISK ARISING OUT OF YOUR ACCESS TO AND USE OF THE SERVICES REMAINS WITH YOU.
AGNT, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND OTHER REPRESENTATIVES WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR LOSS OF GOODWILL, SERVICE INTERRUPTION, PROPERTY DAMAGE, 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 (A) THESE TERMS, (B) THE USE OF OR INABILITY TO USE THE SERVICES, OR (C) ANY COMMUNICATIONS OR INTERACTIONS WITH OTHER PERSONS AS A RESULT OF YOUR USE OF THE SERVICES, IN EACH CASE WHETHER BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT WE HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH IN THESE TERMS IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL OUR AGGREGATE LIABILITY FOR ANY CLAIMS UNDER THESE TERMS OR RELATING TO THE SERVICES EXCEED THE AMOUNT OF THE SERVICE CHARGES THAT WE COLLECTED IN CONNECTION WITH YOUR USE OF THE SERVICES.
WE RECOGNIZE THAT IN SOME COUNTRIES YOU MAY HAVE LEGAL RIGHTS AS A CONSUMER. IF YOU ARE USING THE SERVICES FOR A PERSONAL PURPOSE, THEN NOTHING IN THESE TERMS OR ANY ADDITIONAL TERMS LIMITS ANY CONSUMER LEGAL RIGHTS WHICH MAY NOT BE WAIVED BY CONTRACT.
THE ABOVE LIMITATIONS AND RESTRICTIONS ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN YOU AND AGNT.
You will defend, indemnify and hold us, our affiliates, our licensors, our partners, our third-parties, and each of our respective officers, directors, other users, employees, attorneys and agents harmless from and against any and all claims, costs, damages, losses, liabilities and expenses (including reasonable attorneys' fees and costs) arising out of or in connection with (a) your access to or use or misuse of the Services, including any claims made by third parties that arise as a result of your access to or use or misuse of the Services, (b) your violation or breach of these Terms or any applicable law or regulation, whether or not referenced in these Terms, (c) your violation of any rights of any third party, and (d) your Content, including any allegations that your Content infringes, misappropriates or otherwise violates the intellectual property or other rights of others.
Disclosure of Information
In the event of a complaint, dispute, or conflict between you and another user, or where we are required to disclose your information by law or a valid legal request, we may disclose your relevant data (including personal data) to the other user and/or relevant authorities, as permitted by applicable laws and regulations. We will make reasonable efforts to notify you before any such disclosure, unless we are legally prohibited from doing so.
AGNT respects the intellectual property rights of others and expects Users of the Service to do the same. If you believe that your copyrighted work has been copied and published on the Service in a way that constitutes infringement, please provide us with the following information:
An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
A description of the copyrighted work that you claim has been infringed;
A description of where the material that you claim is infringing is located on the Service (and such description must be reasonably sufficient to enable us to find the alleged infringing material, such as a url);
Your contact information, including full name, address, email address, telephone number, occupation, and company name;
A written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
Notice of claims of copyright infringement should be provided to us at the following address:
Unit 208, 10359 104 Street NW Edmonton, AB, T5J 1B9 Canada
AGNT reserves the right to remove any infringing material from the Service, and to terminate the accounts of Users who repeatedly infringe or are believed to be repeatedly infringing the rights of copyright holders. AGNT may also, in appropriate circumstances, take legal action against Users who engage in copyright infringement or other intellectual property violations.
How to contact us; how we will contact you
For information about how to contact us, please visit our Contact page.
We may give notice to you by means of a general notice on the Services or by electronic mail or regular mail to the address we have on record for you.
All disputes arising out of or in connection with these Terms or your use of the Services, or in respect of any legal relationship associated with or derived from these Terms, shall be arbitrated and finally resolved, with no right of appeal, even on questions of law, pursuant to the Simplified Arbitration Rules of the ADR Institute of Canada, Inc. The place of arbitration shall be Edmonton, Alberta, Canada. The language of the arbitration shall be English. You acknowledge and agree that you and AGNT are each waiving the right to a trial by jury or to participate as a plaintiff or class member in any purported class action lawsuit, class-wide arbitration, private attorney-general action, or any other representative proceeding. Further, unless both you and AGNT otherwise agree in writing, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of any class or representative proceeding. This “Dispute Resolution” section will survive any termination of these Terms.
Notwithstanding the foregoing, each party retains the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party's copyrights, trademarks, trade secrets, patents, or other intellectual property rights, or any ongoing breach of these Terms.
Other terms and conditions
If any term of these Terms is not enforceable, it will not affect any other terms.
You may not assign or transfer any of your rights under these Terms, by operation of law or otherwise, without our prior written approval. Any attempt by you to assign or transfer these Terms, without such consent, will not be effective. We may assign or transfer these Terms, in our sole discretion, without restriction.
If we fail to enforce any right or provision of these Terms it will not constitute a waiver of future enforcement of that right or provision. The waiver of any such right or provision will be effective only if in writing and signed by one of our duly authorized representatives. Except as expressly specified in these Terms, any remedies specified in these Terms will not limit any other remedies that may be available.
These Terms are subject to the laws of the province of Alberta, Canada, without giving effect to conflicts of laws principles.
We may provide translations of these Terms in other languages, but if there is any discrepancy between the English text and a translation into a foreign language, the English text will prevail.