1. About GigWest
GigWest is an online marketplace and booking-facilitation service for live entertainment. It is operated by Shane Kerr, a sole trader trading under the registered business name Gig West, ABN 94 942 773 304, based in Cowra NSW 2794, Australia.
In these Terms, GigWest, we, us and our refer to Shane Kerr trading as Gig West as the operator of the GigWest platform. You means a person or organisation accessing or using GigWest.
You can contact GigWest at gigwestsupport@gmail.com.
2. Agreement to these Terms
These Marketplace Terms govern your use of the GigWest website, accounts, marketplace tools and booking-facilitation services.
When you create an account, you must agree to the current version of these Terms and acknowledge the Privacy Policy. When a hirer accepts a performer quote, the hirer must also accept the booking-specific terms shown for that booking and the current GigWest Marketplace Terms.
If you use GigWest on behalf of a venue, business, club, organisation or other entity, you confirm that you are authorised to act for that entity in relation to the activities you carry out through GigWest.
If you do not agree to these Terms, do not create an account or use GigWest services that require acceptance of them.
3. Important definitions
Booking means a booking that GigWest records as confirmed after the applicable quote has been accepted and the GigWest Booking Fee has been successfully confirmed, or otherwise confirmed through an authorised GigWest booking-protection credit process.
GigWest Booking Fee means the platform fee charged by GigWest to the hirer in addition to the Performer Fee.
Hirer means a venue, organisation, business or private hirer seeking or booking a performer.
Performer means a musician, act, entertainer or other live-entertainment service provider using GigWest.
Performer Fee means the amount quoted by the Performer for the live-entertainment service. It is separate from the GigWest Booking Fee and is paid directly between the Hirer and Performer.
Performance Agreement means the agreement between the Hirer and Performer that takes effect when the Booking is confirmed and comprises the accepted quote, event details, payment terms, cancellation terms, rescheduling terms and other booking-specific conditions recorded for the Booking.
Platform means the GigWest website and related services and tools.
4. GigWest's role
GigWest provides marketplace, discovery, communication, quote, booking-record and booking-fee services.
GigWest does not perform the entertainment service itself. Performers control their own availability, service area, public profile, pricing, quotes and whether to accept or decline an enquiry. Hirers decide who they wish to enquire with and whether to accept a quote.
GigWest is not presented as an entertainment agency authorised to enter performance engagements on behalf of Performers. GigWest does not employ Performers and does not determine whether a Performer is an employee, contractor or otherwise in relation to a Hirer. Any legal obligations between a Hirer and Performer must be determined by those parties in accordance with applicable law.
The live-performance service is supplied by the Performer to the Hirer under the Performance Agreement. GigWest remains responsible for the platform services and GigWest Booking Fee transactions it supplies.
5. Accounts and eligibility
You must provide accurate, current information and keep your account secure.
You must not impersonate another person, create misleading identities, share account credentials with unauthorised people, or create duplicate accounts for the purpose of manipulating fees, reviews, restrictions or booking history.
Performer account holders must be at least 18 years old and must provide a valid-format ABN for the person or entity through which they provide their services. GigWest may request information reasonably necessary to administer the Platform, comply with law, investigate misuse or maintain marketplace integrity.
GigWest may refuse, restrict or remove an account or public profile where reasonably necessary under these Terms or the Community & Content Standards.
6. Venue and organisation accounts
A person using GigWest for a venue or organisation must have authority to create listings, send enquiries, accept quotes and make bookings on its behalf.
Organisation staff may share access to organisation-related booking history according to their permissions. The underlying Hirer entity, rather than an individual staff member's email address, may be used to determine whether a booking relationship is a first or repeat GigWest relationship.
7. Performer profiles and listings
Performers are responsible for ensuring that profile information, pricing guides, availability, travel areas, media, insurance information and other representations are accurate and not misleading.
Publication of a profile does not mean GigWest has verified the Performer's identity, ABN ownership, qualifications, insurance coverage, artistic quality or suitability for a particular event unless GigWest expressly states otherwise.
GigWest may review, request changes to, hide or remove public content that is incomplete, misleading, unlawful, unsafe or contrary to these Terms or the Community & Content Standards.
8. Search, matching and availability
GigWest may use location, travel radius, event type, profile information, availability, booking history, response activity and other relevant marketplace information to organise or rank search results and opportunities.
Search position is not an endorsement or guarantee. GigWest does not guarantee that a Performer will receive enquiries or bookings, or that a listed Performer will remain available until a Booking is confirmed.
Availability information must be kept reasonably accurate by Performers. A date is not secured merely because a Performer appears available or has responded to an enquiry.
9. Opportunities, Gig SOS, Open Dates and Muso Callouts
Hirers may publish ordinary or urgent opportunities where the relevant feature is available. Performers may publish Open Date information or respond to opportunities where eligible.
Gig SOS is an urgent introduction and enquiry tool. A response to Gig SOS does not itself create a Booking. A replacement Performer must still proceed through the normal enquiry, quote and confirmation process unless GigWest clearly states otherwise.
Muso Callouts facilitate introductions between musicians. GigWest does not provide payroll, employment contracts, superannuation administration or employment-status determinations for Muso Callout arrangements.
Users are responsible for the accuracy and lawfulness of information they publish through these tools.
10. Enquiries, messaging and contact information
Before a Booking is confirmed, GigWest may restrict attempts to share phone numbers, email addresses, websites, social-media handles, messaging usernames, payment details or other information intended to move an enquiry outside the protected GigWest booking process.
GigWest may use automated systems to identify contact-sharing attempts, suspicious obfuscation, spam or potentially unsafe behaviour. Flagged or blocked material may be made available to authorised administrators for review.
Repeated or serious attempts to bypass marketplace protections may result in messaging restrictions, warnings, profile restrictions or account suspension.
After a Booking is confirmed, relevant contact details may be unlocked so the Hirer and Performer can communicate directly about the event and direct Performer Fee payment.
11. Quotes
Performers set their own Performer Fee and booking-specific terms.
A quote may include the Performer Fee, performance duration, set structure, direct payment timing, cancellation terms, rescheduling terms, optional direct Performer retainer and special conditions.
The Performer is responsible for reviewing a quote before sending it. A revised quote creates a new version. Earlier versions may be retained as part of the booking and audit history.
A quote may expire. An expired or superseded quote cannot be accepted unless renewed or replaced through the Platform.
12. Accepting a quote and confirming a Booking
Accepting a quote records the Hirer's agreement to the displayed booking-specific terms, subject to GigWest confirmation, but does not by itself create a confirmed Booking or make the Performance Agreement effective.
The Performance Agreement becomes effective when the Booking is confirmed. A Booking is confirmed only after GigWest has successfully confirmed the required GigWest Booking Fee payment through its payment provider, or where an authorised GigWest booking-protection credit fully satisfies the applicable GigWest Booking Fee and GigWest records the Booking as confirmed.
A browser redirect or payment screen alone is not proof of confirmation. The Booking status recorded by GigWest is authoritative for the Platform.
Contact details remain protected until the Booking is confirmed.
13. GigWest Booking Fee
The GigWest Booking Fee is charged to the Hirer in addition to the Performer's quoted fee.
At the date of these Terms, GigWest's ordinary fee structure is:
- 10% of the Performer Fee for the first confirmed GigWest Booking between the same underlying Performer entity and Hirer entity; and
- 7.5% of the Performer Fee for a genuine repeat GigWest Booking between the same underlying parties.
The applicable amount and rate are displayed before the Hirer completes the booking-fee payment. If GigWest changes its fee structure, the new rate applies prospectively and must be displayed before acceptance or payment. Existing confirmed Bookings are not repriced merely because a later fee changes.
Ordinary Stripe processing costs for the GigWest Booking Fee are absorbed by GigWest unless the Platform expressly states otherwise before payment.
14. Performer Fee and direct payments
GigWest does not collect, hold, distribute or reconcile the Performer Fee.
The Performer Fee is paid directly by the Hirer to the Performer under the accepted quote terms. After confirmation, the parties use their unlocked contact details to arrange that payment.
GigWest may retain the agreed Performer Fee amount and relevant booking details as part of booking, dispute, tax or regulatory records, but GigWest does not ordinarily record whether the direct Performer Fee was actually paid.
Any bank transfer, cash payment, direct invoice, direct retainer or other Performer payment is outside the GigWest Booking Fee transaction.
15. Direct Performer retainers
A Performer may include an optional direct retainer in a quote. Any such retainer forms part of the Performer Fee and is paid directly to the Performer. It is not collected or held by GigWest.
The quote must state the retainer amount or percentage and its timing. Refunds or disputes concerning a direct retainer are governed by the Performance Agreement and applicable law. GigWest cannot return money it did not receive.
16. GST, invoices and tax
Performers are responsible for determining their own GST registration status, tax obligations and invoicing requirements.
Where a Performer indicates that they are registered for GST, the Platform may display a GST component within their quoted Total Fee. An ABN alone does not establish GST registration.
GigWest will treat its own Booking Fee in accordance with GigWest's applicable GST status and will provide platform payment records as required.
GigWest does not provide individual tax advice.
17. Sharing Economy Reporting Regime and regulatory reporting
GigWest may collect, retain, use and disclose information reasonably required to comply with tax, regulatory and reporting obligations that apply to the Platform, including obligations that may arise under Australia's Sharing Economy Reporting Regime (SERR).
This may include identifying information, ABN and business information, address and contact information, financial-account reference information, booking values and transaction information.
GigWest may require relevant compliance information before allowing a Booking to proceed to confirmation where GigWest reasonably considers that information necessary to meet or assess applicable tax or regulatory reporting obligations. This does not mean that every Booking is necessarily reportable under SERR.
Providing information to GigWest does not mean GigWest is providing tax advice or determining a Performer's personal tax position.
18. Superannuation
GigWest does not assess whether superannuation is payable in relation to a Booking, calculate superannuation, collect it, remit it or administer superannuation funds.
A Hirer and Performer are each responsible for determining and meeting any obligations that apply to them. The existence of an ABN, use of the GigWest Platform or wording in a quote does not necessarily determine whether superannuation obligations arise under Australian law.
19. Insurance
GigWest allows Performers to provide insurance information but does not host supporting certificate files at launch. The presence of insurance information does not mean GigWest has authenticated, endorsed or guaranteed the policy.
A venue or Hirer may impose its own reasonable insurance requirements. The Hirer is responsible for checking any insurance evidence relevant to its event.
20. Venue and event information
Hirers must provide reasonably accurate event information, including date, location, access requirements and material performance conditions.
Where a Venue Gig Sheet or similar operational tool is used, the Hirer is responsible for ensuring the information is current and suitable for the event. Sensitive operational details are provided for booking purposes and must not be misused or publicly disclosed.
The Hirer is responsible for providing a reasonably safe and lawful event environment and for any licences, permissions or venue requirements that are legally the Hirer's responsibility. Performers remain responsible for their own conduct, equipment and obligations that apply to their service.
21. Set Builder and event preferences
Where Set Builder is enabled, a Hirer may provide preferences and requests. Unless expressly incorporated into the accepted quote or Performance Agreement, preferences entered through Set Builder are not guaranteed contractual promises and the Performer retains control of the final running order.
22. What's On Western NSW
Public event listings may be generated from eligible confirmed Bookings where the Hirer has opted in to public promotion.
Private weddings, private parties, private functions or other events marked private must not be publicly listed through this feature.
GigWest may edit or remove public event listings that are inaccurate, cancelled, unlawful or inappropriate for public display.
23. Reviews
Reviews may be limited to eligible users connected to a completed GigWest Booking.
Reviews and responses must reflect genuine experience and comply with the Community & Content Standards. They must not contain unlawful threats, discriminatory abuse, knowingly false allegations, private personal information or irrelevant commercial promotion.
GigWest may investigate reported reviews and may hide or remove content that reasonably appears to breach these Terms or applicable law. A review being connected to a completed Booking confirms the booking relationship, not the truth of every statement made in the review.
24. User content and intellectual property
You retain ownership of content you own and upload to GigWest.
You grant GigWest a non-exclusive, worldwide, royalty-free licence to host, store, reproduce, resize, format, display and communicate that content to the extent reasonably necessary to operate, secure and promote the GigWest Platform and your public listing or event. This licence ends when the content is removed or your account is closed, except to the extent copies must reasonably remain in backups, booking records, audit records, dispute evidence or previously produced promotional material.
You must have the right to upload and use any photographs, logos, recordings, written material or other content you provide.
GigWest's own name, logo, software, designs and original Platform content remain the property of GigWest or its licensors and must not be copied or commercially exploited without permission.
25. Prohibited conduct
You must not use GigWest to:
- commit or facilitate unlawful, fraudulent, deceptive or harmful activity;
- publish materially false or misleading information;
- harass, threaten, intimidate or unlawfully discriminate against another person;
- manipulate reviews, bookings, fees, search results or account history;
- create duplicate identities to reset a first/repeat booking relationship;
- scrape, probe, interfere with or attempt to gain unauthorised access to the Platform;
- upload malicious files or content that infringes another person's rights;
- misuse private booking, venue, contact or compliance information; or
- repeatedly attempt to bypass pre-confirmation marketplace protections.
The Community & Content Standards form part of these Terms.
26. Moderation, restrictions and suspension
GigWest may warn, restrict, hide content, suspend or close an account where GigWest reasonably believes this is necessary because of a breach of these Terms, fraud or security risk, unlawful behaviour, safety concerns, repeated marketplace abuse or material risk to other users or the Platform.
Where appropriate, GigWest will consider the seriousness, context, history and available evidence before taking action. Serious safety, fraud or security issues may require immediate action.
Users may contact GigWest support to ask for review of an account restriction or moderation decision.
27. Cancellations, rescheduling and refunds
Cancellations, rescheduling and GigWest Booking Fee remedies are governed by the GigWest Booking, Cancellation & Refund Policy, which forms part of these Terms.
Booking-specific Performer Fee and direct-retainer consequences are also governed by the accepted Performance Agreement and applicable law.
28. Disputes between Hirers and Performers
GigWest encourages the parties to first communicate directly and reasonably about a dispute concerning the performance service or direct Performer Fee.
GigWest may provide reasonable Platform support and may review available records such as accepted quotes, messages, booking states and GigWest Booking Fee transactions. GigWest does not provide formal arbitration, legal representation or a legal determination of which party is liable for a private contractual dispute.
GigWest does not guarantee that a Performer will perform, that a Hirer will pay a direct Performer Fee, or that an event will proceed. This does not limit GigWest's responsibility for its own Platform services or any rights that cannot lawfully be excluded.
29. Platform availability
GigWest aims to keep the Platform available and secure but does not promise uninterrupted or error-free operation.
Planned maintenance, provider outages, internet failures, security incidents or circumstances outside GigWest's reasonable control may affect access. GigWest will take reasonable steps to restore service and protect booking records where practical.
30. Australian Consumer Law
Nothing in these Terms excludes, restricts or modifies a consumer guarantee, right or remedy that cannot lawfully be excluded under the Australian Consumer Law or any other applicable law.
Where GigWest supplies services to a consumer, any limitation or exclusion in these Terms applies only to the maximum extent permitted by law.
31. Changes to these Terms
GigWest may update these Terms to reflect changes to the Platform, law, security requirements or business operations.
Material changes will apply prospectively. Where reasonably practicable, GigWest will notify registered users of material changes and may require acceptance of a new version before continued use of protected marketplace functions.
A confirmed Booking retains the booking-specific terms and relevant legal-document version recorded when it was accepted. Later changes do not rewrite an existing accepted booking snapshot.
32. Account closure
You may request account closure through the available account or support process, subject to completion or resolution of active Bookings.
Closing an account does not necessarily erase all records. GigWest may retain or de-identify records where reasonably required for booking history, tax and regulatory reporting, fraud prevention, security, audit, legal obligations and disputes, as described in the Privacy Policy.
33. General
If a provision of these Terms is unlawful or unenforceable, it is to be read down to the minimum extent necessary and the remaining provisions continue.
A failure by GigWest to enforce a provision immediately does not waive that provision.
These Terms, the Booking, Cancellation & Refund Policy, the Community & Content Standards and any accepted booking-specific terms make up the relevant contractual terms for use of the Platform and a confirmed Booking. The Privacy Policy explains how GigWest handles personal information and is acknowledged separately rather than treated as blanket consent to data handling.
34. Governing law
These Terms are governed by the laws applying in New South Wales, Australia. Nothing in this clause removes any right a consumer has to bring a claim in another jurisdiction where applicable law permits it.
35. Contact
GigWest Operated by Shane Kerr, sole trader trading as Gig West ABN 94 942 773 304 Cowra NSW 2794, Australia gigwestsupport@gmail.com