Packed Out
Terms
The agreement between Packed Out, the venues that book and the acts they book.
Last updated [date]
01About these terms
These terms are the agreement between you and [Company name] (company number [number]), registered at [registered address], which runs Packed Out. They apply to venues, acts, food trucks, photo booths, creators and content makers. Our App licence covers using the app itself and our Privacy policy covers your information.
Packed Out introduces venues to acts and handles the booking and payment. The agreement to perform, cook, run a booth, post or shoot is between the venue and the act.
For every booking, Packed Out acts as the act’s booking agent. We take the booking and collect the act’s price and travel from the venue on the act’s behalf, then pay it to the act. Our booking fee is our own charge to the venue. We aren’t the act’s employer.
02Joining
- You must be 18 or over. Creators must be 25 or over for any collab that shows alcohol. Acts give their date of birth when they join.
- What you tell us must be true, including your prices, your videos, your followers and any certificates.
- We check acts before their page goes live. We can turn down a profile or remove one that breaks these terms.
- Creators need at least 7,000 real followers on Instagram. We check this when you join and can check again.
- Acts must set up payouts with Stripe before they can offer on a night or accept a request. Stripe’s own terms apply to that account.
- Photo booth companies join by invitation only.
- Keep your login to yourself. You’re responsible for what happens on your account.
03What it costs
Acts pay nothing. Joining is free and you keep all of your price.
Venues pay a booking fee on top of what the act charges, including travel: 15%, never more than £50 a booking. This includes weddings and photo booths. Food trucks the venue pays have a flat £50 booking fee. Truck nights where the truck trades and keeps its takings have a trading fee we set, which is [£50] at the moment. The fee is shown before you book. You pay what you were shown.
Packed Out isn’t VAT registered, so no VAT is added to our fee.
Joining is free for venues too. There’s no monthly charge.
04Booking
- A venue can post an open night, which goes to every act that matches, or send a request to one act, with up to two backups.
- An act has 48 hours to answer a request, or 12 hours when the night is less than 5 days away. If they don’t answer, it goes to the next backup.
- An act can lower its price for a night, or raise it by up to 20% with a reason. A higher price is only booked if the venue approves it.
- Nights and private parties can be booked up to 6 months ahead, weddings up to 18 months. We can change these limits. Nights already booked aren’t affected.
- Phone numbers and emails aren’t shared when you book. The venue’s address shows to the act once they’re booked. Phone numbers for the night show from 48 hours before, once the act has confirmed they’re coming.
- Acts confirm they’re coming from 48 hours before the night.
05Payments
- The venue pays the act’s price, any travel and the booking fee when the booking is made, by card or Pay by Bank. Weddings are paid by Pay by Bank only. So is any booking where the venue pays more than £1,000. A single payment over £10,000 is set up with us as smaller payments.
- If a Pay by Bank payment isn’t approved in time, the booking is released and the act’s date is freed.
- We hold the money with our payment provider, Stripe, until the night has gone ahead.
- After the night, the venue taps “The night happened” or reports a problem. If it does neither, the night confirms itself 24 hours after it ends.
- The act is paid within two working days of the night. If the night was booked at short notice, it’s three working days after the booking instead, while the venue’s payment clears.
- If money has to go back to a venue because of something the act did, we can take it back from the act’s payment. If the act has already been paid, the act owes it to us and we can take it off their next payouts.
- Acts are responsible for their own tax and National Insurance.
06Paying for a wedding
- Booked more than 90 days ahead: the venue pays a deposit when it books, made up of our booking fee plus 25% of the act’s price and travel. The balance is due 90 days before the wedding.
- Booked 90 days ahead or less: it’s paid in full when booked.
- We ask for the balance 90 days before, with 7 days to pay and a reminder, then once more with another 7 days.
- If it still isn’t paid, we can set a cancellation date and warn the venue 7 days before. If it’s unpaid on that date, the booking is cancelled. The act keeps the deposit part, we keep our fee and nothing more is owed. Any part of the balance already paid comes back.
- All the money, the deposit included, is held by Stripe until the wedding has happened.
07If the venue cancels
Nights and private parties.
- More than 7 days before: the venue gets the act’s price and travel back.
- 7 days to 48 hours before: half the act’s price and travel goes back to the venue and half goes to the act.
- Less than 48 hours before: the act is paid in full.
Weddings.
- More than 90 days before: the act keeps the deposit part (25% of their price and travel) and the rest comes back.
- 30 to 90 days before: half the act’s price and travel goes back to the venue and half goes to the act.
- Less than 30 days before: the act is paid in full.
- A venue can move a wedding to a new date once, at no cost, if the act is free and accepts. Otherwise a new date counts as a cancellation.
Our booking fee isn’t refunded when a venue cancels. The exception is cancelling within an hour of booking, which gets everything back, unless the night is less than 48 hours away. For truck nights where the venue doesn’t pay the truck, the venue can cancel at any time, but the trading fee isn’t refunded.
The venue sees exactly what it gets back before it confirms. We can choose to refund more, for example after a flood, a power cut or a bereavement.
08If the act cancels
The act must cancel on the booking as soon as they know. The venue then chooses: we find a replacement at the same price or less, the venue picks from new offers, or the venue gets everything back, fee included. If the venue doesn’t choose in time, we start looking for a replacement.
If nobody takes the night by 24 hours before it starts, the venue gets everything back, fee included. There’s only one photo booth company on Packed Out, so if the booth cancels, the venue gets everything back.
A cancellation less than 7 days before counts against the act. Less than 48 hours before counts the same as not turning up.
09If something goes wrong
If a night doesn’t go as agreed, report it through Packed Out within 24 hours of the end of the night, not to your bank. We hold the act’s payment while we look into it, ask both sides what happened and decide what’s fair. That might be a full payment, a part refund or a full refund. We aim to sort it within [10 working days].
Acts can report a problem with a venue, like being stopped from playing or being treated unsafely, from the start of the night until 7 days after.
If a venue disputes a card payment with its bank instead of reporting a problem to us, the act’s payment is held, the venue can’t make new bookings while the dispute is open and we may suspend its account. If we lose the dispute because of something the act did, the act owes the amount to us.
10Private parties and weddings
Venues can book acts for private parties and weddings they host. The venue is always our customer: it books and pays through Packed Out. It’s responsible for its guests and for its own arrangement with the couple or host. Packed Out has no agreement with the couple, the host or their guests.
Acts choose whether they play private parties and weddings. They can set separate wedding prices. Creators don’t take private parties or weddings.
11Food trucks
- Trucks must hold a food hygiene rating of 3 or above and public liability insurance, checked by us before they can be booked.
- Trucks that cook with gas must have their gas equipment checked by a Gas Safe engineer, as the law requires. Adding the certificate to Packed Out is optional, but a venue can ask for one on a night.
- The venue chooses how the truck is paid: the venue pays the truck through Packed Out, the truck trades and keeps its takings, or the truck pays the venue a pitch fee. A pitch fee is settled between the venue and the truck, not through Packed Out.
- The venue must describe its space and power accurately.
12Photo booths
Photo booths are supplied by our one booth partner, who joins by invitation. Venues must tell us whether the booth is indoors or outdoors, whether there’s the space and power it needs and any branding. A logo a venue uploads is only seen by the venue, the booth company and our team.
13Insurance, kit and safety
- Each venue decides, night by night, whether it needs public liability insurance or PAT-tested kit. If it does, only acts with it checked and in date can accept. Insurance is asked for by default on weddings.
- Acts are responsible for their own kit being safe. Venues are responsible for their premises being safe.
- When a certificate runs out, its badge comes off until a new one is checked.
14Creators and content makers
Creators set their own packages. Each package says which posts are included and how many days after the visit they’ll be posted, from 1 to 14 days. The booking copies the package, so the venue knows what it’s getting before it books. A change on one booking only applies if the venue accepts it.
Creators must label paid posts as ads, as the law requires. Posts showing alcohol need a creator aged 25 or over.
Creators add proof of each post by its post-by date: a link for posts that stay up and a screenshot of the insights for Stories. A results report is due 7 days after the post-by date.
The venue may share or repost a creator’s post on its own feed. Using it in paid ads needs the creator’s OK and a separate fee.
Content makers keep the copyright in their photos and videos. The venue gets a licence to use them on its website, social media, booking sites, Google listing and emails. Using them in ads or print needs a separate fee.
15Reviews
A venue can review an act for 14 days after a night booked through Packed Out. Reviews must be honest and about the night itself. The act can reply once. We can remove reviews that are abusive, false or about something else.
Acts can rate venues too. Only our team sees those ratings.
16Keeping bookings on Packed Out
If you meet a venue or act through Packed Out, you agree not to book them, or be booked by them, outside Packed Out for [12 months] after you were last in touch through Packed Out. If you do, [what you’ll owe us, for example the booking fee we would have charged for each booking].
This doesn’t apply to venues and acts who already worked together before either joined Packed Out.
17Suspending and closing accounts
We keep a record of things like no-shows, late confirmations, late cancellations, upheld complaints and unpaid bookings. An account with one serious problem, or three in 12 months, is reviewed by our team. We can keep it as it is, suspend it or close it. Nothing is suspended or closed automatically.
A suspended or closed account can’t make new bookings, offers or requests. We sort out its existing bookings with the other side. Acts are still paid for nights they’ve already played. An account closed for good can’t sign up again with the same email.
18Bad weather and things outside anyone’s control
Outdoor bookings. They go ahead in normal British weather, rain included. A venue booking an act outdoors must have cover or an indoor space ready in case it rains.
If the weather makes it unsafe. If the Met Office has an amber or red warning for the area on the day, either side can call the night off. The venue gets everything back, fee included. It doesn’t count against anyone.
If the act can’t play safely. An act never has to play somewhere unsafe, like using electrical kit in the rain without cover. If the act turns up ready to play and the venue can’t give them a safe, covered space, it counts as the venue cancelling less than 48 hours before, so the act is paid in full.
Things outside anyone’s control. These include a power cut, a flood or fire at the venue, the venue being closed by the police or the council, a death in the family or an act’s serious illness or accident. If one stops a night going ahead, tell us as soon as you can and we’ll cancel it for you. The venue gets everything back, fee included. It doesn’t count against anyone. If an act can’t come, the venue can still choose a replacement instead.
If a night is stopped partway through. We treat it like a problem on the night: we ask both sides what happened and decide what’s fair.
We may ask for something that shows what happened, like a photo, a notice from the council or a doctor’s note.
19Our responsibility
We’re responsible for running Packed Out with reasonable care and skill. We aren’t responsible for how good an act is on the night, beyond the replacement and refund promises above.
Venues and acts use Packed Out for their business. We aren’t responsible for lost profits, lost income or other business losses.
Our total responsibility to you for any booking is limited to [for example, the booking fee paid for that booking]. Nothing in these terms limits responsibility for death or personal injury caused by negligence, for fraud, or for anything else the law doesn’t let us limit.
20Ending your account
You can close your account at any time by emailing support@packedout.co.uk. Bookings already made still go ahead unless they’re cancelled under these terms.
We can suspend or close an account that breaks these terms, after telling you why.
21Changes and the law
We may update these terms. If a change matters, we’ll email you at least 30 days before it applies. Bookings already made follow the terms that applied when they were made.
These terms are governed by the law of England and Wales.