Elated Talent Terms and Conditions of Sale & Booking Policy

These Terms and Conditions of Sale ("Agreement") govern all booking transactions, payment collections, fund disbursements, cancellations, and disputes facilitated through the Elated Talent platform ("Elated," "we," "us," or "our"). By booking talent or accepting an engagement through Elated, clients ("Buyers") and performers or service providers ("Talent") agree to be bound by these terms.

1. Scope and Platform Role

Elated operates as a talent marketplace and booking facilitator connecting Buyers with independent Talent. Unless expressly agreed otherwise in writing, Elated is not an employer, direct agent, or joint venturer of any Talent. Contracts for performance or services are formed directly between Buyer and Talent, subject to the transaction standards and financial settlement mechanisms detailed below.

2. Booking Process and Payment Protection

To protect both parties, all financial transactions must flow through Elated’s designated third-party payment processor.

• Payment Collection: The Buyer confirms the engagement by remitting 100% of the agreed booking total via the platform at the time of booking.
• Escrow-Style Holding: Remitted funds are held securely by our authorized third-party payment provider and will not be disbursed directly to the Talent prior to performance completion.
• Payout Release: Upon verified completion of the booked performance, held funds are automatically released to the Talent’s account within standard processing timeframes, less applicable Elated platform commissions, processing fees, or membership dues owed for the relevant billing cycle.

3. Cancellations by Buyer

Cancellation terms vary based on the specific tier or custom policy selected by the Talent and presented on the booking listing:

• Policy Disclosure: Specific cancellation deadlines, percentages, and terms are explicitly displayed on the booking summary page prior to checkout and confirmation.
• Refund Calculation: Any eligible refund will be calculated strictly in accordance with the disclosed policy attached to that specific booking.
• Platform Fees: Platform processing fees may be non-refundable depending on the timing of the cancellation as outlined during checkout.
• Execution: Cancellations must be formally submitted through the Elated platform to be valid; verbal or direct off-platform notices will not be recognized.

4. Cancellations by Talent

Reliability is essential to the Elated community. In the event a Talent cancels a confirmed booking:

• Full Refund: The Buyer will receive an immediate 100% refund of all funds held by Elated for that booking, including any associated platform service fees.
• Rebooking Assistance: Elated will use commercially reasonable efforts to assist the Buyer in sourcing a comparable replacement act within our network. However, Elated cannot guarantee that an identical replacement will be available at the same price point or date.
• Talent Repercussions: Talent cancellations without documented emergencies (Force Majeure) may result in platform penalties, reduced marketplace visibility, suspension, or administrative rebooking fees.

5. Dispute Resolution and Fund Withholding

If performance expectations, timelines, or contractual obligations are not met:

• Filing Window: A Buyer or Talent must report an issue directly through the platform as soon as an issue arises, and no later than the dispute window specified in the booking confirmation (typically within 24 to 48 hours following the scheduled performance end time).
• Fund Freezes: Timely notice of a dispute automatically freezes the disbursement of held funds pending administrative review.
• Review Process: Elated will review all documented evidence, including booking contracts, service details, platform messaging logs, time stamps, and any submitted media (photos, video, or signed receipts).
• Administrative Decision: Elated reserves the right to make a final, binding determination regarding the disbursement, partial release, or full refund of the held funds based on the evidence provided.

6. Off-Platform Transactions and Anti-Circumvention

The protections, payment guarantees, and dispute support provided under this policy apply exclusively to bookings transacted entirely through the Elated platform.

• Voided Protection: Any payments made outside of the platform (cash, check, direct bank transfer, or third-party apps like Venmo or Zelle) are strictly prohibited and immediately void all Elated payment protections, insurance representations, and dispute resolution services.
• Platform Penalties: Soliciting, accepting, or making off-platform payments to circumvent fees constitutes a material breach of our service terms and may result in immediate account termination and permanent bans for both Buyer and Talent.

7. Rescheduling and Modifications

Any modification to performance dates, venue locations, durations, or fees must be submitted and confirmed through the Elated platform by mutual consent of both Buyer and Talent.

If the parties mutually agree to reschedule, held funds will remain in escrow until the new performance date is fulfilled under these same terms. If the parties fail to agree on rescheduling terms, standard cancellation policies apply based on the original event date.

8. Limitation of Liability

Elated is not liable for indirect, incidental, or consequential damages resulting from any performance, cancellation, personal injury, property damage, or breach of contract committed by either Buyer or Talent. The aggregate financial liability of Elated in connection with any transaction shall not exceed the total platform fees collected by Elated for that specific booking.

9. Contact and Notices

For questions regarding this policy, dispute notices, or transaction assistance, contact our administration team:

• Legal/Parent Entity: Appture Digital Media / Elated Talent
• Email: inforequest@elatedallas.com
• Toll-Free Phone: (855) GET-BIZZ
• Mailing Address: 14580 E. Beltwood Parkway #103, Dallas, TX 75244