Organizer Agreement

1.1 "Event" means any live performance, concert, festival, workshop, listening party, or other organized gathering listed on the PesaBass platform by the Organizer.

1.2 "Ticket" means a digital or physical admission pass sold through the PesaBass ticketing system for access to an Event.

1.3 "Artist" means any musician, performer, DJ, or band registered on PesaBass.

1.4 "Attendee" means any person who purchases a Ticket or attends an Event.

1.5 "Platform" means the PesaBass website, mobile applications, and all associated services.

1.6 "Organizer Hub" means the PesaBass dashboard available to approved Organizers for managing events, analytics, and communications.

1.7 "Commission" means the service fee charged by PesaBass on ticket sales, as detailed in Section 6.

2.1 Organizer status is granted at PesaBass's sole discretion upon review and approval of a completed application.

2.2 The Organizer must be a legally registered entity or an individual of at least 18 years of age with valid government-issued identification.

2.3 The Organizer must provide accurate and truthful information during the application process, including legal name, contact details, organization type, and government ID of the primary contact person. Providing false information constitutes fraud under the Kenya Computer Misuse and Cybercrimes Act, 2018 and grounds for immediate termination.

2.4 PesaBass reserves the right to verify the identity and credentials of the Organizer, including but not limited to government ID verification, business registration checks, and reference inquiries.

2.5 Approval as an Organizer does not create an employment, agency, or partnership relationship between the Organizer and PesaBass.

3.1 Accurate Information: All Event listings must be truthful and accurate, including date, time, venue, performing artists, ticket prices, age restrictions, and any special conditions. Misleading event information violates the Kenya Consumer Protection Act, 2012 and may result in listing removal and account sanctions.

3.2 Compliance: Events must comply with all applicable local, national, and international laws, including:

• The Public Order Act (Cap 56) — permit requirements for public gatherings
• The Occupational Safety and Health Act, 2007 — venue safety standards
• The Alcoholic Drinks Control Act, 2010 — if alcohol is served
• County government licensing and permit requirements
• Noise pollution regulations (Environmental Management and Coordination Act, 1999)
• The Films and Stage Plays Act (Cap 222) — if applicable to performances

3.3 Venue Safety: The Organizer is solely responsible for ensuring venue safety, crowd management, emergency procedures, first aid availability, and security personnel. PesaBass is not responsible for any incidents occurring at Events.

3.4 Insurance: Organizers are strongly encouraged (and may be required for large events) to obtain appropriate event liability insurance, public liability insurance, and insurance covering attendee injury or property damage.

3.5 Cancellation: If an Event is cancelled, the Organizer must notify PesaBass and all Attendees immediately. The Organizer is responsible for issuing full refunds to Attendees for cancelled events within 14 days, in accordance with the platform's Return & Refund Policy.

3.6 Age Restrictions: Events with age restrictions (18+, 21+) must clearly state this in the listing. The Organizer is responsible for age verification at the venue in compliance with the Children Act, 2022.

4.1 Ticket Sales: PesaBass provides ticketing infrastructure for Events. The Organizer sets ticket prices and categories. All ticket sales are processed through PesaBass's payment system (Paystack).

4.2 Ticket Scalping: Reselling tickets above face value through the PesaBass platform is prohibited. The Organizer must cooperate with PesaBass in preventing scalping of their Event tickets.

4.3 Free Events: Organizers may list free events (no ticket fee). PesaBass does not charge commission on free event listings.

4.4 Payouts: The Organizer Share of each verified paid ticket (after commission and processing fees) is credited to the Organizer's PesaBass balance as tickets sell. Withdrawal of that balance is subject to the platform's standard withdrawal rules (KYC, thresholds, holds, scheduled payout days). Because ticket revenue is credited before the Event, the Organizer remains fully liable to refund Attendees if the Event is cancelled or materially changed — and authorises PesaBass to debit their balance, hold future earnings, or otherwise recover the amounts needed to honour such refunds and any chargebacks.

4.5 Holds: PesaBass may hold, pause, or claw back ticket funds (including after crediting) where there are pending disputes, cancellations, chargebacks, or suspected fraud, until the matter is resolved.

4.6 Taxes: The Organizer is solely responsible for collecting and remitting all applicable taxes, including VAT (Kenya Value Added Tax Act, 2013), entertainment taxes, and withholding taxes. PesaBass provides transaction records to assist with tax compliance.

5.1 Platform Share & Organizer Share: For each paid ticket sold through the platform, PesaBass collects the ticket price and, out of the funds it collects, pays the Organizer an Organizer Share equal to 90% of the net ticket revenue and retains a Platform Share of 10% of the face value as its own revenue for operating the ticketing, payment, and promotion service. The Platform Share is not a sum withheld or deducted from money belonging to the Organizer.

5.2 Processing Fees: Payment-processor fees (typically 1.5–3.5%) are applied to the gross amount collected before the Organizer Share and Platform Share are computed, so each share is calculated on the net proceeds actually received and cleared by PesaBass.

5.3 Premium Listing & Event Ads: Optional premium event placement and event advertising are prepaid promotional purchases at the fees and durations displayed in the Organizer Hub at the time of purchase. Amounts paid are non-refundable once the placement or ad period begins; no specific position, reach, impressions, clicks, attendance, or sales are guaranteed (see the No Guarantee of Results principle in the Advertising Agreement); and PesaBass may remove a placement without refund where the underlying Event breaches this Agreement or the Community Guidelines.

5.4 Fee Changes: PesaBass may adjust commission rates with at least 60 days' written notice. Current rates are always displayed in the Organizer Hub. Existing confirmed events maintain their original rates.

6.1 Organizers may contact and book Artists through the PesaBass platform for Events. Any booking agreements, fees, and terms between the Organizer and Artist are direct contractual relationships — PesaBass is not a party to the performance obligations. Where a booking is funded through the platform, PesaBass acts solely as an escrow facilitator: it holds the funded amount (plus the disclosed booking fee, currently 10%), and releases it to the Artist — or refunds the Organizer — when the release conditions are met or when PesaBass's support team determines release or refund in good faith following a dispute. PesaBass's good-faith escrow decision is final as between the parties on the platform and does not make PesaBass a guarantor of either party's performance.

6.2 Organizers must not harass, spam, or send unsolicited bulk messages to Artists. Communication must be professional and event-related.

6.3 Performance fees, travel arrangements, technical riders, and other logistics are the sole responsibility of the Organizer and the Artist.

6.4 If an Artist cancels after being publicly listed for an Event, the Organizer must update the Event listing immediately and communicate the change to Attendees.

7.1 Event promotional content (images, videos, descriptions) uploaded to PesaBass must be owned by the Organizer or properly licensed. Copyright infringement is subject to takedown under the Kenya Copyright Act, 2001 and our DMCA Policy.

7.2 Organizers grant PesaBass a non-exclusive, royalty-free license to use Event listing content for platform promotion, including social media sharing, email marketing, and app store materials.

7.3 All promotional content must comply with our Community Guidelines and applicable advertising standards (Advertising Standards Body of Kenya guidelines).

7.4 Organizers must not create fake events to collect payments or personal data. Fraudulent event listings are a criminal offence (obtaining by false pretences under the Penal Code, Cap 63, Section 313).

8.1 Organizers receive limited Attendee data (name, email, ticket type) solely for event management and check-in purposes. This data must be handled in compliance with the Kenya Data Protection Act, 2019 and the GDPR where applicable.

8.2 Organizers must NOT: sell Attendee data to third parties, use Attendee data for unrelated marketing without explicit consent, share Attendee data outside their organization without PesaBass approval, or retain Attendee data beyond 90 days after the Event.

8.3 Organizers must implement reasonable security measures to protect Attendee personal data and notify PesaBass immediately of any data breach.

8.4 PesaBass's handling of personal data is governed by our Privacy Policy.

9.1 The Organizer is solely responsible for the planning, execution, and safety of all Events. PesaBass provides a technology platform and is not an event organizer, co-promoter, or venue operator.

9.2 The Organizer agrees to indemnify and hold PesaBass harmless from all claims, damages, losses, costs, and expenses arising from: (a) the Event itself, including injury, death, or property damage; (b) breach of this Agreement; (c) false or misleading event listings; (d) failure to comply with applicable laws and regulations; (e) disputes with Artists, vendors, or Attendees; and (f) intellectual property infringement in promotional materials.

9.3 PesaBass's total liability to the Organizer under this Agreement shall not exceed the total commission fees collected by PesaBass from the Organizer in the 12 months preceding the claim.

9.4 Neither party excludes liability for death or personal injury caused by negligence, fraud, or any liability that cannot be excluded under Kenyan law.

10.1 This Agreement remains in effect as long as the Organizer maintains an active Organizer account on PesaBass.

10.2 Either party may terminate this Agreement with 30 days' written notice. Termination does not affect obligations for Events already listed or Tickets already sold — those must be fulfilled or properly refunded.

10.3 PesaBass may immediately suspend or terminate the Organizer's account for: (a) material breach of this Agreement; (b) fraudulent activity; (c) repeated negative Attendee experiences or complaints; (d) failure to comply with applicable laws; or (e) actions that damage PesaBass's reputation.

10.4 Upon termination, the Organizer must fulfill all existing Event obligations. Outstanding payouts will be processed after any hold periods and dispute resolution.

11.1 This Agreement is governed by the laws of the Republic of Kenya.

11.2 Disputes arising under this Agreement shall first be resolved through good-faith negotiation between the parties for a period of 30 days.

11.3 If negotiation fails, the dispute shall be referred to mediation administered by the Nairobi Centre for International Arbitration (NCIA). If mediation is unsuccessful within 60 days, the dispute shall be resolved by binding arbitration under NCIA rules.

11.4 The seat of arbitration shall be Nairobi, Kenya. The language of proceedings shall be English.

11.5 Mandatory consumer protection rights of any Attendee's jurisdiction shall apply to the extent they cannot be contractually waived.

12.1 Entire Agreement: This Agreement, together with the Terms of Service, Privacy Policy, and Community Guidelines, constitutes the entire agreement between the parties regarding the subject matter herein.

12.2 Amendments: PesaBass may amend this Agreement at any time by posting the updated version on the Platform with at least 30 days' notice. Continued use of the Platform after the effective date constitutes acceptance.

12.3 Severability: If any provision of this Agreement is found unenforceable, the remaining provisions remain in full force and effect.

12.4 Assignment: The Organizer may not assign or transfer this Agreement without PesaBass's prior written consent.

12.5 Waiver: Failure by PesaBass to enforce any right under this Agreement does not constitute a waiver of that right.

12.6 Force Majeure: Neither party shall be liable for failure to perform obligations due to circumstances beyond reasonable control, including natural disasters, pandemics, government actions, war, or civil unrest.