Terms of Service

These Terms are a legally binding agreement between you and EmergencyMusician LLC (“EM,” “we,” “us”). If you use the Platform for a church or organization, you confirm you have authority to bind it.

Two other agreements are part of these Terms: the Covered Chair Agreement (for Customers with a Covered Chair) and the Independent Contractor Agreement (for Musicians). If one of them conflicts with these Terms on its subject, that agreement controls.

• Age. You must be at least 16 to use the Platform. Users aged 16–17 confirm they have parent or guardian consent and that local law permits them to work.
• Accurate information. Keep your account information accurate and current. One account per person or organization. Don’t share your login.
• Verification. EM may require identity, phone, payment, or tax verification, and may deny or suspend accounts that fail it.
• Legal compliance. You’re responsible for following the labor, tax, and licensing laws that apply to your role.

EM is a managed music staffing service. We arrange worship musicians for churches from a network of vetted independent contractors, in two ways:

• One-Off Bookings. A Customer posts a request. Available Musicians send offers at their own rate. The Customer picks one, and EM confirms the booking and handles payment.
• Covered Chairs. A Customer contracts with EM to fill a recurring position. EM offers each date to a Musician in its network and provides Backup Fill. See Section 5.

Musicians are independent contractors. Musicians are not employees, agents, or partners of EM or of any Customer. Musicians choose which requests to offer on and which engagements to accept. They set or accept their own rates, may decline any engagement, and are free to perform for anyone, including other churches and other services.

Who controls what. The Customer sets the engagement’s requirements: date, time, location, arrival time, and set list. The Musician decides how to prepare and perform. Musicians supply their own instruments and gear unless the Customer agrees otherwise.

Vetting. EM reviews and approves every Musician before they join the network. Vetting is not a guarantee of any individual performance or conduct.

What EM commits to. For One-Off Bookings, if a Musician cancels, EM makes good-faith efforts to find a replacement (Section 7). For Covered Chairs, EM provides Backup Fill as described in Section 5.

Insurance. Unless a Covered Chair Agreement says otherwise, EM does not provide insurance for engagements. Customers are responsible for their venue’s safety and coverage. Musicians are responsible for their own equipment and any coverage they choose to carry.

A Covered Chair is a recurring position EM fills for a Customer under a signed Covered Chair Agreement.

• What’s included. The position on the agreed schedule, Musician sourcing, scheduling, payment, and Backup Fill. Backup Fill is part of the chair price, not an add-on.
• Who plays. EM offers each date to the Customer’s preferred Musician first. Musicians are independent and may decline any date. When they do, EM offers it to another vetted Musician.
• If no Musician is available. If EM can’t fill a scheduled date, the Customer is not charged for that date. This is the Customer’s only remedy for an unfilled date.
• Billing. Chairs are billed monthly in advance to the payment method on file. The Customer authorizes these recurring charges.
• Skipping a date. To skip a scheduled date, the Customer gives at least 14 days’ notice in the app. Dates skipped with less notice are billed in full.
• Term and ending a chair. The initial term is 3 months. Either party can end a chair with 30 days’ written notice, unless the Covered Chair Agreement says otherwise.
• Musician fee. Musicians pay a 0% Platform Fee on Covered Chair engagements.
• After a chair ends. The Protected Period and Buyout Fee in Section 8 still apply.

Customers pay EM. EM pays Musicians. No money moves directly between them for any engagement arranged through EM.

• Payment processor. Payments are processed through Square. By using the Platform, you agree to Square’s terms. EM does not store your full payment credentials.
• One-Off Booking charges. The Customer pays the accepted offer amount, plus the Service Fee, any last-minute surcharge for requests made within 48 hours of the service, and applicable taxes. All charges are shown at checkout before you confirm.
• Covered Chair charges. As stated in the Covered Chair Agreement.
• Payment method on file. Customers keep a valid payment method on file. They authorize EM to charge it for bookings, Covered Chair billing, cancellation fees, and any Buyout Fee owed under Section 8.
• No direct payment. Customers and Musicians must not exchange cash, checks, or payment apps for any engagement arranged through EM.
• Musician payouts. After an engagement is marked complete and the review window closes, EM pays the Musician their accepted rate minus the Platform Fee within 24 hours. Bank processing or compliance reviews can delay this.
• Tax information. Musicians must submit a completed IRS Form W-9 before receiving any payout. EM issues Form 1099-NEC as required by law. Each party is responsible for its own taxes.
• Chargebacks. You agree to cooperate with EM in resolving payment disputes. Fraudulent or excessive chargebacks may lead to suspension.

This section covers One-Off Bookings. Covered Chair changes follow Section 5 and the Covered Chair Agreement.

7.1 Customer cancellations

• More than 24 hours before start. The Customer receives a full refund, minus a $45 cancellation fee.
• Within 24 hours of start. No refund. The Musician is paid 50% of the accepted rate.
• Customer no-show. Treated as a cancellation within 24 hours. The Musician receives their full accepted rate.
• Rescheduling. Requires both the Customer and the Musician to agree in the app, and depends on the Musician’s availability. Extra charges may apply.

7.2 Musician cancellations

• Before accepting. Musicians may decline any request or offer, for any reason, with no effect on their account.
• After accepting. An accepted engagement is a commitment. A Musician who must cancel tells EM through the app as early as possible.
• Reliability. Repeated late cancellations or no-shows on accepted engagements may lead to fewer offers, account restrictions, or removal from the network.
• EM’s response. When a Musician cancels, EM makes good-faith efforts to find a replacement. If none is found, the Customer receives a full refund, including the Service Fee.

7.3 EM cancellations

EM may cancel an engagement for safety, fraud, risk, or policy reasons. The Customer receives a refund of amounts paid, except for services already performed.

A Customer who engages an EM Musician outside EM during the Protected Period owes EM a Buyout Fee of $3,250 per Musician.

• What counts. Booking, paying, hiring, or adding to staff or payroll an EM Musician for any musical services without going through EM. This includes doing it through another person or organization, and leaving a Covered Chair to hire that chair’s Musician directly.
• Protected Period. From the Customer’s first introduction to the Musician until 12 months after the Customer’s last booking with that Musician through EM.
• Buying out openly. A Customer who wants to hire an EM Musician directly can tell EM and pay the Buyout Fee. After that, the Customer may work with that Musician directly with no further obligation to EM for that Musician.
• Why the fee exists. EM spends real time and money recruiting, vetting, and placing Musicians, and loses future revenue when a Customer takes a Musician direct. Those losses are hard to calculate exactly. The parties agree $3,250 is a reasonable estimate of them, not a penalty.
• Enforcement. If EM believes a Buyout Fee is owed, EM will notify the Customer in writing and give them 10 days to respond. After that, EM may charge the fee to the payment method on file, invoice the Customer, suspend the account, or pursue other remedies, including small claims court.
• Musicians. For any engagement arranged through EM, Musicians must not accept payment outside EM. Otherwise, Musicians are free to work with anyone. The Buyout Fee is the Customer’s obligation, not the Musician’s.

A Musician who reports a direct offer from an EM Customer receives 20% of any Buyout Fee EM collects as a result: $650 on a $3,250 fee.

• How to report. Message EM in the app or email support@emergencymusician.com with the Customer’s name, the date, and what was offered. Screenshots help.
• Eligibility. Report before accepting any payment outside EM for the work offered. The first Musician to report a given buyout earns the reward. One reward per Buyout Fee.
• When it’s paid. Within 14 days after EM receives the Buyout Fee in full. If the Customer later reverses or charges back the fee, EM may deduct the reward from the Musician’s future payouts. If EM collects nothing, no reward is owed. EM decides in good faith whether and how to pursue a Buyout Fee.
• After a paid buyout. Once the Customer pays the Buyout Fee, the Musician is free to work directly with that Customer.
• Confidentiality. EM won’t tell the Customer who reported, unless required by law or needed to resolve a dispute.
• Taxes. Referral Rewards are income and are included on the Musician’s Form 1099-NEC.
• Voluntary. Reporting is optional. No Musician is ever penalized for not reporting.

All users agree to:

• Follow applicable laws and venue rules during engagements.
• Treat other users with respect. Harassment, discrimination, or threats result in immediate removal.
• Accurately represent your identity, skills, instruments, and availability.
• Not interfere with the Platform through scraping, hacking, spam, or avoiding fees.
• Respect the intellectual property and confidentiality terms below.

• In the app. All communication about an engagement arranged through EM (dates, times, songs, pay, and changes) happens in the EM app. EM backs only what’s agreed on the Platform.
• SMS and email. By creating an account, you consent to transactional texts and emails about your bookings and account. You can opt out of non-essential messages at any time. Carrier rates may apply.

• Public feedback. Ratings and reviews are public and help keep the network accountable.
• No removal on request. EM removes reviews only when the law requires it or for clear policy violations, such as hate speech or doxxing.
• Truthfulness. Any review you submit must be truthful and based on your own experience.

• Privacy Policy. Your use of the Platform is governed by our Privacy Policy.
• Confidentiality. Customers and Musicians keep non-public booking details confidential, including rates, contact details shared through EM, and internal church information, except as required by law.

• EM’s IP. The Platform, including its trademarks, content, design, and technology, belongs to EmergencyMusician LLC or its licensors. You receive a limited, revocable, non-transferable license to use it for its intended purpose.
• Your content. By submitting content (bios, photos, audio samples, set lists), you grant EM a worldwide, non-exclusive, royalty-free license to host, display, and use it to operate and promote the Platform. You confirm you have the rights to it.
• Music licensing. Customers are responsible for their church’s performance licenses (for example, CCLI). Musicians are responsible for any rights needed for material they bring themselves.

• NO WARRANTY. EXCEPT FOR EM’S COMMITMENTS IN SECTIONS 5 AND 7, THE PLATFORM IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND.
• LIMITATION OF LIABILITY. TO THE MAXIMUM EXTENT PERMITTED BY LAW, EM IS NOT LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOST REVENUE, PROFITS, OR DATA.
• LIABILITY CAP. EM’S TOTAL LIABILITY FOR ANY CLAIM WILL NOT EXCEED THE GREATER OF (A) THE FEES YOU PAID EM FOR THE ENGAGEMENT OR COVERED CHAIR BILLING PERIOD GIVING RISE TO THE CLAIM, OR (B) USD $100.
• Indemnification. You agree to indemnify and hold harmless EmergencyMusician LLC and its team from claims, damages, and expenses (including reasonable legal fees) arising from your use of the Platform, your engagements, your content, or your violation of these Terms or the law.

• Talk to us first. Contact support@emergencymusician.com to resolve any dispute informally before taking formal action.
• Small claims. Either party may bring a qualifying claim in small claims court in Orange County, Florida.
• Governing law and venue. Florida law governs these Terms. Other claims go exclusively to state or federal courts in Orange County, Florida.
• No class actions. Disputes are resolved individually, not as part of a class or representative action.

• By EM. EM may suspend or end your account for violating these Terms, suspected fraud, safety concerns, non-payment, or legal requirements. We’ll make reasonable efforts to notify you.
• By you. You may stop using the Platform at any time.
• What survives. Scheduled engagements, active Covered Chair Agreements (until properly ended), unpaid fees, Buyout Fee obligations during the Protected Period, earned Referral Rewards, and indemnification all survive termination.

We may update these Terms. For material changes, we’ll notify you by email and in the app at least 30 days before they take effect, and may ask you to accept the new Terms before your next booking. Using the Platform after the effective date means you accept the updated Terms.

EmergencyMusician LLC · Orlando, Florida, USA

Email: support@emergencymusician.com · Website: emergencymusician.com

For subpoenas or formal legal notices, email us for the current mailing address for service of process.

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