These Terms of Service ("
Terms") are a binding legal agreement between you and The 808 Wave that govern your use of the websites, applications, and other offerings from The 808 Wave (collectively, the "
The 808 Wave Platform").
The 808 Wave Platform offers an online venue that enables users ("
Members") to publish, offer, search for, request, and book services. Members who publish and offer services are "
Hosts" and Members who search for, request, book, or use services are "
Guests." Hosts offer studio/event/creative spaces ("
Spaces"), activities, and events ("
Experiences"), and a variety of other services (collectively, "
Host Services," and each Host Service offering, a "
Listing"). You must register an account to access and use many features of The 808 Wave Platform, and must keep your account information accurate. As the provider of The 808 Wave Platform, The 808 Wave does not own, control, offer or manage any Listings or Host Services. The 808 Wave is not a party to the contracts concluded directly between Hosts and Guests, nor is The 808 Wave a real estate broker or insurer.
If you Host, you are responsible for understanding and complying with all laws, rules, regulations and contracts with third parties that apply to your Host Services.
1. Our Mission.
2. Searching and Booking on The 808 Wave.
3. Cancellations, Travel Issues, Refunds and Booking Modifications.
4. Your Responsibilities and Assumption of Risk.
5. Hosting on The 808 Wave.
6. Managing Your Listing.
7. Cancellations, Travel Issues, and Booking Modifications.
11. The 808 Wave Platform Rules.
12. Termination, Suspension and other Measures.
14. Resolving Complaints and Damage Claims.
15. The 808 Wave’s Role.
16. Member Accounts.
17. Disclaimer of Warranties.
18. Limitations on Liability.
Our mission is to create a world where you can live by your definition of happiness and success. We want you to be able to have access to all Listings to find the ones that fit best for your sound and career. Learn more about a Listing by reviewing the description and photos, the Host profile, and more.
You can search for Host Services by using criteria like the type of Host Service, engineer, and price. You can also use filters to refine your search results. Search results are based on their relevance to your search and other criteria. Relevance considers factors like price, availability, reviews, customer service and cancellation history, popularity, previous bookings and saved Listings, and more.
When you book a Listing, you are agreeing to pay all applicable charges for your booking including the Listing price, other fees, and any other items identified during the checkout process (collectively, "
Total Price"). When you request a booking, a contract for Host Services (sometimes called a reservation in these Terms) is formed directly between you and the Host. The cancellation policy and any other rules, standards, policies, or requirements identified in the Listing or during checkout form part of your contract with the Host.
2.3 Reservations for Experiences and Other Host Services.
An Experience or other Host Service reservation entitles you to participate in, attend, or use that Host Service. You are responsible for confirming that you, and anyone you invite, meet minimum age, proficiency, fitness, or other requirements. You are responsible for informing the Host of any medical or physical conditions, or other circumstances that may impact your ability to participate, attend, or use the Host Service. Except where expressly authorized, you may not allow any person to join a Host Service unless they are included as an additional guest during the booking process.
3.1 Cancellations, Travel Issues, and Refunds.
In general, if as a Guest you cancel a reservation, the amount refunded to you is determined by the cancellation policy that applies to that reservation.
3.2 Booking Modifications.
Guests and Hosts are responsible for any booking modifications they agree to make via The 808 Wave Platform or direct The 808 Wave customer service to make on their behalf ("
Booking Modifications"), and agree to pay any additional amounts, fees, or taxes associated with any Booking Modification.
4.1 Your Responsibilities.
You are responsible and liable for your own acts and omissions and are also responsible for the acts and omissions of anyone you invite to join or provide access to any Space, Experience or other Host Service. For example, this means: (i) you are responsible for leaving a Space (and related personal property) in the condition it was in when you arrived, and (ii) you must act with integrity, treat others with respect, and comply with applicable laws at all times. If you are booking for an additional guest who is a minor or if you bring a minor to a Host Service, you must be legally authorized to act on behalf of the minor and you are solely responsible for the supervision of that minor.
4.2 Your Assumption of Risk.
You acknowledge that many activities carry inherent risks and agree that, to the maximum extent permitted by applicable law, you assume the entire risk arising out of your access to and use of The 808 Wave Platform and any Content, including your stay at any Space, participation in any Experience, use of any other Host Service, or any other interaction you have with other Members whether in person or online. This means it is your responsibility to investigate a Host Service to determine whether it is suitable for you. For example, Host Services may carry risk of illness, bodily injury, disability, or death, and you freely and willfully assume those risks by choosing to participate in those Host Services.
As a Host, The 808 Wave offers you the opportunity to share your Space, Experience, or other Host Service with our vibrant community of Guests - and earn money doing it. It’s easy to create a Listing and you are in control of how you host - set your price, availability, and rules for each Listing.
5.2 Contracting with Guests.
When you accept a booking request, or receive a booking confirmation through The 808 Wave Platform, you are entering into a contract directly with the Guest, and are responsible for delivering your Host Service under the terms and at the price specified in your Listing. The 808 Wave will deduct amounts you owe from your payout unless we and you agree to a different method. Any terms, policies or conditions that you include in any supplemental contract with Guests must: (i) be consistent with these Terms, our Policies, and the information provided in your Listing, and (ii) be prominently disclosed in your Listing description.
5.3 Independence of Hosts.
Your relationship with The 808 Wave is that of an independent individual or entity and not an employee, agent, joint venturer, or partner of The 808 Wave. The 808 Wave does not direct or control your Host Service, and you agree that you have complete discretion whether and when to provide Host Services, and at what price and on what terms to offer them.
6.1 Creating and Managing Your Listing.
The 808 Wave Platform provides tools that make it easy for you to set up and manage a Listing. Your Listing must include complete and accurate information about your Host Service, your price, other charges like security deposits, offline fees, and any rules or requirements that apply to your Guests or Listing. You are responsible for keeping your Listing information and content (like photos) up-to-date and accurate at all times. We recommend that you obtain appropriate insurance for your Host Services and suggest you carefully review policy terms and conditions including coverage details and exclusions. You may only maintain one Listing per Space, but may have multiple Listings for a single property if it has multiple places to book.
6.2 Know Your Legal Obligations.
You are responsible for understanding and complying with any laws, rules, regulations, and contracts with third parties that apply to your Listing or Host Services. For example, some jurisdictions require Hosts to register, get a permit, or obtain a license before providing certain Host Services (such as short-term rentals, longer-term stays, preparing food, serving alcohol for sale, guiding tours, or operating a vehicle). In some places, the Host Services you want to offer may be prohibited altogether. Some jurisdictions require that you register Guests who stay at your Space. Check your local rules to learn what rules apply to the Host Services you plan to offer. Information we provide regarding legal requirements is for informational purposes only and you should independently confirm your obligations. You are responsible for handling and using personal data of Guests and others in compliance with applicable privacy laws and these Terms. If you have questions about how local laws apply you should always seek legal advice.
6.3 Your Responsibilities.
You are responsible and liable for your own acts and omissions and are also responsible for the acts and omissions of anyone you allow to participate in providing your Host Services. You are responsible for setting your price and establishing rules and requirements for your Listing. You must describe any and all fees and charges in your Listing description.
6.4 Hosting as a Team or Organization.
If you work with a co-host or host as part of a team, business, or other organization, the entity and each individual who participates in providing Host Services is responsible and liable as a Host under these Terms. If you accept terms or enter into contracts, you represent and warrant that you are authorized to enter into contracts for and bind your team, business or other organization, and that each entity you use is in good standing under the laws of the place where it is established. If you perform other functions, you represent and warrant that you are authorized to perform those functions. If you instruct The 808 Wave to transfer a portion of your payout to a co-host or other Hosts, or to send payments to someone else, you must be authorized to do so, and are responsible and liable for the payment amounts and accuracy of any payout information you provide.
6.5 Your Assumption of Risk.
You acknowledge that hosting carries inherent risks and agree that you assume the entire risk arising out of your access to and use of the The 808 Wave Platform, offering Host Services, or any interaction you have with other Members whether in person or online. You agree that you have had the opportunity to investigate the The 808 Wave Platform and any laws, rules, regulations, or obligations that may be applicable to your Listings or Host Services and that you are not relying upon any statement of law made by The 808 Wave.
7.1 Cancellations and Travel Issues.
In general, if a Guest cancels a reservation, the amount paid to you is determined by the cancellation policy that applies to that reservation.
7.2 Booking Modifications.
Hosts and Guests are responsible for any Booking Modifications they agree to make via The 808 Wave Platform or direct The 808 Wave customer service to make on their behalf, and agree to pay any additional amounts, fees or taxes associated with a Booking Modification.
8.1 Host Taxes.
As a host, you are responsible for determining and fulfilling your obligations under applicable laws to report, collect, remit, or include in your price any applicable VAT or other indirect taxes, occupancy taxes, income, or other taxes ("
8.2 Collection and Remittance by The 808 Wave.
In jurisdictions where The 808 Wave facilitates the collection and/or remittance of Taxes on behalf of Hosts, you instruct and authorize The 808 Wave to collect Taxes on your behalf, and/or to remit such Taxes to the relevant Tax authority when necessary. Any Taxes that are collected and/or remitted by The 808 Wave are identified to Members on their transaction records, as applicable. The 808 Wave may seek additional amounts from Members (including by deducting such amounts from future payouts) in the event that the Taxes collected and/or remitted are insufficient to fully discharge that Members’ tax obligations, and you agree that your sole remedy for Taxes collected by The 808 Wave is a refund from the applicable Tax authority. You acknowledge and agree that we retain the right, with prior notice to affected Members, to cease the collection and remittance of Taxes in any jurisdiction for any reason.
8.3 Tax Information.
In certain jurisdictions, Tax regulations may require that we collect and/or report Tax information about you, or withhold Taxes from payouts to you, or both. If you fail to provide us with documentation that we determine to be sufficient to support any such obligation to withhold Taxes from payouts to you, we may withhold payouts up to the amount as required by law, until sufficient documentation is provided. You agree that The 808 Wave may issue on your behalf invoices or similar documentation for VAT, GST, consumption or other Taxes for your Host Services to facilitate accurate tax reporting by you, our Guests, and/or their organizations.
Parts of The 808 Wave Platform enable you to provide feedback, text, photos, audio, video, information, and other content (collectively, “
The 808 Wave may charge fees (and applicable Taxes) to Hosts and Guests for use of The 808 Wave Platform on a monthly and/or transaction basis. Except as otherwise provided on The 808 Wave Platform, service fees are non-refundable. The 808 Wave reserves the right to change the service fees at any time, and will provide Members notice of any fee changes before they become effective. Fee changes will not affect bookings made prior to the effective date of the fee change. If you disagree with a fee change you may terminate this agreement at any time pursuant to Section 12.2.
You must follow these rules and must not help or induce others to break or circumvent these rules.
11.2 Reporting Violations.
If you believe that a Member, Listing or Content poses an imminent risk of harm to a person or property, you should immediately contact local authorities before contacting The 808 Wave. In addition, if you believe that a Member, Listing or Content has violated our standards, you should report your concerns to The 808 Wave. If you reported an issue to local authorities, The 808 Wave may request a copy of that report. Except as required by law, you agree that we are not obligated to take action in response to any report.
11.3 Copyright Notifications.
If you believe that Content on The 808 Wave Platform infringes copyrights, please notify us.
The agreement between you and The 808 Wave reflected by these Terms is effective when you access The 808 Wave Platform (for example to create an account) and remains in effect until either you or we terminate the agreement in accordance with these Terms.
You may terminate this agreement at any time by sending us an email or by deleting your account. The 808 Wave may terminate this agreement and your account for any reason by giving you 30 days’ notice via email or using any other contact information you have provided for your account. The 808 Wave may also terminate this agreement immediately and without notice and stop providing access to The 808 Wave Platform if you breach these Terms, you violate our Policies, you violate applicable laws, or we reasonably believe termination is necessary to protect The 808 Wave, its Members, or third parties. If your account has been inactive for more than two years, we may terminate your account without prior notice.
12.3 Member Violations.
If (i) you breach these Terms, our policies or standards, (ii) you violate applicable laws, regulations, or third-party rights, or (iii) The 808 Wave believes it is reasonably necessary to protect The 808 Wave, its Members, or third parties; The 808 Wave may, with or without prior notice:
12.4 Legal Mandates.
The 808 Wave may take any action it determines is reasonably necessary to comply with applicable law, or the order or request of a court, law enforcement, or other administrative agency or governmental body, including the measures described above in Section 12.3.
12.5 Effect of Termination.
If you are a Host and terminate your The 808 Wave account, any confirmed booking(s) will be automatically cancelled and your Guests will receive a full refund as necessary. If you terminate your account as a Guest, any confirmed booking(s) will be automatically cancelled and any refund will depend upon the terms of the reservation’s cancellation policy. When this agreement has been terminated, you are not entitled to a restoration of your account or any of your Content. If your access to or use of The 808 Wave Platform has been limited, or your The 808 Wave account has been suspended, or this agreement has been terminated by us, you may not register a new account or access or use The 808 Wave Platform through an account of another Member.
Parts of these Terms that by their nature survive termination, will survive termination of this agreement, including Sections 2 through 20.
The 808 Wave may modify these Terms at any time. When we make material changes to these Terms, we will post the revised Terms on The 808 Wave Platform and update the “Last Updated” date at the top of these Terms. We will also provide you with notice of any material changes by email at least 30 days before the date they become effective. If you disagree with the revised Terms, you may terminate this agreement immediately as provided in these Terms. If you do not terminate your agreement before the date the revised Terms become effective, your continued access to or use of The 808 Wave Platform will constitute acceptance of the revised Terms.
The 808 Wave is not responsible for any damage claims.
We offer a platform that enables Members to publish, offer, search for, request, and book Host Services. While we work hard to ensure our Members have great experiences using The 808 Wave, we do not and cannot control the conduct of Guests and Hosts. You acknowledge that The 808 Wave has the right, but does not have any obligation, to monitor the use of The 808 Wave Platform and verify information provided by our Members. For example, we may review, disable access to, remove, or edit Content to: (i) operate, secure and improve The 808 Wave Platform (including for fraud prevention, risk assessment, investigation and customer support purposes); (ii) ensure Members’ compliance with these Terms; (iii) comply with applicable law or the order or requirement of a court, law enforcement or other administrative agency or governmental body; (iv) address Content that we determine is harmful or objectionable; (v) take actions set out in these Terms; and (vi) maintain and enforce any quality or eligibility criteria, including by removing Listings that don’t meet quality and eligibility criteria. Members acknowledge and agree that The 808 Wave administers its policies and standards, including decisions about whether and how to apply them to a particular situation, at its sole discretion. Members agree to cooperate with and assist The 808 Wave in good faith, and to provide The 808 Wave with such information and take such actions as may be reasonably requested by The 808 Wave with respect to any investigation undertaken by The 808 Wave regarding the use or abuse of The 808 Wave Platform. The 808 Wave is not acting as an agent for any Member.
You must register an account to access and use many features of The 808 Wave Platform. Registration is only permitted for legal entities, partnerships and natural persons who are at least 18 years of age. You represent and warrant that you are not a person or entity barred from using The 808 Wave Platform under the laws of the United States, your place of residence, or any other applicable jurisdiction. You must provide accurate, current, and complete information during registration and keep your account information up-to-date. You may not register more than one account or transfer your account to someone else. You are responsible for maintaining the confidentiality and security of your account credentials and may not disclose your credentials to any third party. You are responsible and liable for activities conducted through your account and must immediately notify The 808 Wave if you suspect that your credentials have been lost, stolen, or your account is otherwise compromised. If and as permitted by applicable law, we may, but have no obligation to (i) ask you to provide identification or other information, (ii) undertake checks designed to help verify your identity or background, (iii) screen you against third-party databases or other sources and request reports from service providers, and (iv) obtain reports from public records of criminal convictions or sex offender registrations or their local equivalents.
We provide The 808 Wave Platform and all Content "as is" without warranty of any kind and we disclaim all warranties, whether express or implied. For example: (i) we do not endorse or warrant the existence, conduct, performance, safety, quality, legality or suitability of any Guest, Host, Host Service, Listing or third party; (ii) we do not warrant the performance or non-interruption of The 808 Wave Platform; and (iii) we do not warrant that verification, identity or background checks conducted on Listings or Members (if any) will identify past misconduct or prevent future misconduct. Any references to a Member or Listing being "verified" (or similar language) indicate only that the Member or Listing or The 808 Wave has completed a relevant verification or identification process and nothing else. The disclaimers in these Terms apply to the maximum extent permitted by law. If you have statutory rights or warranties we cannot disclaim, the duration of any such statutorily required rights or warranties, will be limited to the maximum extent permitted by law.
Neither The 808 Wave (including its affiliates and personnel) nor any other party involved in creating, producing, or delivering The 808 Wave Platform or any Content will be liable for any incidental, special, exemplary or consequential damages, including lost profits, loss of data or loss of goodwill, service interruption, 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 (i) these Terms, (ii) the use of or inability to use The 808 Wave Platform or any Content, (iii) any communications, interactions or meetings you may have with someone you interact or meet with through, or as a result of, your use of The 808 Wave Platform, or (iv) publishing or booking of a Listing, including the provision or use of Host Services, whether based on warranty, contract, tort (including negligence), product liability or any other legal theory, and whether or not The 808 Wave has been informed of the possibility of such damage, even if a limited remedy set out in these Terms is found to have failed of its essential purpose.
These limitations of liability and damages are fundamental elements of the agreement between you and The 808 Wave. If applicable law does not allow the limitations of liability set out in these Terms, the above limitations may not apply to you.
To the maximum extent permitted by applicable law, you agree to release, defend (at The 808 Wave’s option), indemnify, and hold The 808 Wave (including other affiliates and their personnel) harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with: (i) your breach of these Terms (including any supplemental or additional terms that apply to a product or feature), (ii) your improper use of The 808 Wave Platform, (iii) your interaction with any Member, stay at a Space, participation in an Experience or other Host Service, including without limitation any injuries, losses or damages (whether compensatory, direct, incidental, consequential or otherwise) of any kind arising in connection with or as a result of such interaction, stay, participation or use, (iv) your failure, or our failure at your direction, to accurately report, collect or remit Taxes, or (v) your breach of any laws, regulations or third party rights such as intellectual property or privacy rights.
20.1 Interpreting these Terms.
Except as they may be supplemented by additional terms, conditions, policies, guidelines, standards, and in-product disclosures, these Terms (including those items incorporated by reference) constitute the entire agreement between The 808 Wave and you pertaining to your access to or use of The 808 Wave Platform and supersede any and all prior oral or written understandings or agreements between The 808 Wave and you. These Terms do not and are not intended to confer any rights or remedies upon anyone other than you and The 808 Wave. If any provision of these Terms is held to be invalid or unenforceable, such provision will be struck and will not affect the validity and enforceability of the remaining provisions. Where the word “will” is used in these Terms it connotes an obligation with the same meaning as “shall.”
20.2 No Waiver.
The 808 Wave’s failure to enforce any right or provision in these Terms will not constitute a waiver of such right or provision unless acknowledged and agreed to by us in writing. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise permitted under law.
You may not assign, transfer or delegate this agreement or your rights and obligations hereunder without The 808 Wave’s prior written consent. The 808 Wave may without restriction assign, transfer or delegate this agreement and any rights and obligations hereunder, at its sole discretion, with 30 days’ prior notice.
Unless specified otherwise, any notices or other communications to Members permitted or required under this agreement, will be provided electronically and given by The 808 Wave via email, The 808 Wave Platform notification, messaging service (including SMS), or any other contact method we enable and you provide.
20.5 Third-Party Services.
The 808 Wave Platform may contain links to third-party websites, applications, services or resources ("
Third-Party Services") that are subject to different terms and privacy practices. The 808 Wave is not responsible or liable for any aspect of such Third-Party Services and links to such Third-Party Services are not an endorsement.
20.6 Google Terms.
Some areas of The 808 Wave Platform implement Google Maps/Earth mapping services, including Google Maps API(s). Your use of Google Maps/Earth is subject to the Google Maps/Google Earth Additional Terms of Service.
20.7 Apple Terms.
If you access or download our application from the Apple App Store, you agree to Apple’s Licensed Application End User License Agreement.
20.8 The 808 Wave Platform Content.
Content made available through The 808 Wave Platform may be protected by copyright, trademark, and/or other laws of the United States and other countries. You acknowledge that all intellectual property rights for that Content are the exclusive property of The 808 Wave and/or its licensors and agree that you will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices. You may not use, copy, adapt, modify, prepare derivative works of, distribute, license, sell, transfer, publicly display, publicly perform, transmit, broadcast or otherwise exploit any Content accessed through The 808 Wave Platform except to the extent you are the legal owner of that Content or as expressly permitted in these Terms. Subject to your compliance with these Terms, The 808 Wave grants you a limited, non-exclusive, non-sublicensable, revocable, non-transferable license to (i) download and use the Application on your personal device(s); and (ii) access and view the Content made available on or through The 808 Wave Platform and accessible to you, solely for your personal and non-commercial use.
20.9 Force Majeure.
The 808 Wave shall not be liable for any delay or failure to perform resulting from causes outside its reasonable control, including, but not limited to, acts of God, natural disasters, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, pandemics, epidemics or disease, strikes or shortages of transportation facilities, fuel, energy, labor or materials.
20.10 Emails and SMS.
You will receive administrative communications from us using the email address or other contact information you provide for your The 808 Wave account. Enrollment in additional email subscription programs will not affect the frequency of these administrative emails, though you should expect to receive additional emails specific to the program(s) to which you have subscribed. You may also receive promotional emails from us. No fee is charged for these promotional emails, but third-party data rates could apply. You can control whether you receive promotional emails using the notification preferences in your account settings. Please note that you will not be able to take advantage of certain promotions if you disable certain communication settings or do not have a The 808 Wave account.
20.11 Choice of Law.
You hereby agree that this agreement shall be construed in accordance with the laws of the State of Georgia.
20.12 Consent to Jurisdiction and Venue and Selection of Forum.
In regard to any action to enforce or interpret this agreement, or otherwise arising out of or relating to this agreement, each party (i) consents and submits to the exercise of personal jurisdiction over such party by either the Superior Court of Fulton County, State of Georgia or the United States District Court for the Northern District of Georgia (referred to as the “
Court”); (ii) consents to the exclusive venue in either Court; (iii) waives any and all objections to jurisdiction and venue in either Court; and (iv) waives any objection that either Court is an inconvenient forum. Each party further agrees that jurisdiction and venue concerning any legal or equitable action to enforce or interpret this agreement, or otherwise arising out of this agreement, shall rest exclusively in either the Superior Court of Fulton County, State of Georgia or the United States District Court for the Northern District of Georgia, so that any such action shall be brought and defended in either Court.
20.13 Section Heading.
The section headings are included for convenience and are not intended to limit or affect the interpretation of this agreement.
20.14 Contact Us.
If you have any questions about these Terms please email us .