The following terms and conditions constitute a legally binding agreement between
Foster ATX, LLC, a Texas limited liability company (“Company” or “We”) and you
(“You”), and govern your use of the website www.fosteratx.com (the “Site” and/or
events associated with such website (collectively “Foster ATX” or the “Service”) and
the services and events associated therewith, whether your use of Foster ATX is as
Guest, Host, Chef, Musician or Venue.
referred to in this Section 1:
“Chef” – an individual wishing to plan and prepare a Food Event (as defined below). A
Chef may also act as a Host (as defined below).
“Guest” – an individual wishing to attend a Food Event or Music Event (as defined
“Host” – an individual wishing to hold private dinner parties (“Food Events”) or private
music events (“Music Event”) (Food Events and Music Events are referred to
collectively hereinafter as “Events”).
“Musician” – an individual wishing to perform at a Music Event. A Musician may also act
as a Host.
“User” – an individual registering for the Service, whether as a Guest, Host, Chef,
Musician, or a business organization registering for the Service as a Venue.
“Venue” - a business location wishing to hold Food Events or Music Events.
2. Description of the Service
Foster ATX is a collaborative online platform for Musicians, Chefs, Hosts, Guests and
Venues. Foster ATX is not an owner or operator of food establishments and does not
cook or provide food materials for Chefs. Chefs have the sole and ultimate
responsibility for compliance with all laws, regulations and other obligations regarding
the meals. Foster ATX’s role is solely to facilitate the availability of Events. Similarly,
Foster ATX is not a contracting agent or representative of any Chef or Musician.
Instead, Foster ATX’s role is solely to facilitate the availability of the Host location or
Venue for Guests and to provide services related thereto. Foster ATX cannot and does
not control the content contained in any meals and the condition, legality or
suitability of any meals.
To join as a Guest on the Service, you may register directly by providing us with
several details about yourself, including your real name and active email address. You
may also join through a third-party account (e.g. Facebook). In the event that you
register for the Service with a third-party account, you hereby grant us permission to
access and use your information through that account, as permitted by that thirdparty
service, and to store your login credentials for that account to enable the
Service. Information included in your profile that is marked as public shall be available
to other Users on the Service and to all Internet users.
The Company has no control over the conduct of any Hosts, Chefs, Musicians, Venues
or other Guests. Guests accordingly are advised to carefully and thoroughly examine
and check with their respective Hosts regarding all aspects of the Event.
In order to become a Host, Chef, or Musician, the first step is to enter the requested
information in the applicable registration segment on the Service’s website. The
Company will respond to your application and may request additional information,
which may include but shall not be limited to a telephonic or in-person meeting,
review of existing social media accounts, an on-site visit by a Company representative
to your proposed location, credit check, other background check, etc. (collectively an
“Intake Review”); provided, however, that: a) the Company is not obligated to perform
any Intake Review; and b) if the Company chooses to perform any Intake Review, the
details of such review shall be determined by the Company in its sole discretion. You
hereby consent to the Company performing an Intake Review as stated above.
Information included in your profile that is marked as public shall be available to other
Users on the Service and to all Internet users.
As a verified Host, you may create Events. To this end, you will be asked a variety of
questions about the event to be listed, including, but not limited to, the location,
capacity, menu (if applicable), date, and pricing and related rules and financial terms.
In order to be featured in Events via the Site, all events must have a valid physical
address and must be listed two (2) weeks prior to the event. Events will be made
publicly available via the Site. Other members will be able to book your event via the
Site. You understand and agree that once a User (as defined below) requests a seat at
an Event, the price for such booking may not be altered. You will define, and may
supply the content and images to describe and illustrate, your Event and its terms, by
completing and submitting, or authorizing an agent to complete and submit our online
form located at www.fosteratx.com/___ (accessible with an account). Submission of a
request does not obligate Foster ATX to accept the request or any of its contents nor
to promote the Event. You are responsible and liable for all Event content and terms,
and for our or any Guest’s use or reliance on such content and terms. If we accept
your request, we may promote the Event using any method and through any medium
that we deem appropriate in our sole discretion, including through email, Facebook,
Twitter, mobile applications and any other type of electronic interface or distribution
channel owned. When you create an Event you may also choose to include certain
requirements which must be met by the Guests who are eligible to request a booking
of your Event, including, but not limited to, requiring Guests to have a profile picture
or verified phone number, in order to book your Event. Any Member wishing to book
Events that include such requirements must meet these requirements.
As a verified Host, Foster ATX may make certain tools available to you to help you
make informed decisions about which Guests you choose to confirm for your events.
You acknowledge and agree that, as a Host/Chef/Musician, you are responsible for
your own acts and omissions and are also responsible for the acts and omissions of any
individuals who reside at or are otherwise present at the Event at your request or
It is the responsibility of the Host to assure that an Event is conducted in compliance
with all applicable laws, rules, and regulations, including any tax obligations.
Musicians and Chefs have the option to partner with a local Venue to hold their Events.
In this case, the Musician/Chef are responsible for the partnership logistics with the
Venue prior to the Event and Foster ATX is not held responsible. Venues will receive 10%
of each ticket sold to cover costs. Venues will receive this compensation within 5 days
following their food or music gathering.
6. Accurate Information; Passwords
When registering for the Service, all Users: a) must provide the Company only with
true, accurate, and complete information; and b) must not disclose the username and
password that you choose as part of the registration process to any third party.
As a Guest or as a Host, you will be able to edit your personal profile information at
any point, adding or removing any information as you see fit. Information included in
your profile which is marked as public shall be available to other Users on Foster ATX
and all Internet users.
7. Reservation and Billing Arrangements
As a registered User, each Guest is welcome to make an online Reservation for any Event
listed on Foster ATX ("Reservation"). At the time of placing your Reservation, you must
provide payment information, either by means of credit card or PayPal to Foster ATX or
its third party payment processor. You agree to pay Foster ATX for any confirmed bookings
made in connection with your Foster ATX Account in accordance with these Terms by one of
the methods described on the Site. The cost to each Guest shall be the amount stated in
the Event listing on the Service plus a Reservation fee of ten percent (10%) plus
taxes if applicable. You hereby authorize the collection of such amounts by charging the
credit card provided as part of requesting the booking, either directly by Foster ATX or
indirectly, via a third party online payment processor or by one of the payment methods
described on the Site. If you are directed to Foster ATX’s third party payment processor,
you may be subject to terms and conditions governing use of that third party’s service and
that third party’s personal information collection practices. Please review such terms and
transaction is complete you will receive a confirmation email summarizing your confirmed booking.
8. Guest Conduct
Guests agree that a confirmed reservation is merely a license granted by the Host or
Venue to the Guest to enter and attend the Event for the limited duration of the
confirmed reservation and in accordance with the Guest's agreement with the Host or
Venue. Guests further agree:
• To arrive on time and at the stated location; no reschedules or credits will be
offered. • Not to cause disruption to other people at the Event; you may be ejected from
the Venue if, in the reasonable opinion of the Host or Venue, you are a risk to
the safety of others at the Event and/or may affect the enjoyment of others at
the Event. Examples include being (or appearing to be) drunk, incapable,
intoxicated or under the influence of illegal drugs, abusive, threatening, or
carrying or having on your person any of the prohibited items set out in breach
Host or Venue specifies or such other time as mutually agreed upon between
the Host or Venue and Guest, and to leave quietly in consideration of people
living in and around the vicinity. • To be responsible for your own acts and omissions and to be responsible for the
acts and omissions of any individuals who you invite to, or otherwise provide
access to, the Event.
Guests further agree not to cause any damage to the person or property of the Host,
Venue, Chef, Musicians and other Guests. In the event that any of the foregoing claim
otherwise and provide evidence of damage, you agree to pay the cost of replacing the
damaged items with equivalent items. After being notified of the claim and given forty
eight (48) hours to respond, Foster ATX shall, on behalf of the Host, charge the
payment to the credit card on file in your Foster ATX Account, and you and the Host
expressly authorize Foster ATX to do so. If we are unable to charge the credit card on
file or otherwise collect payment from you, you agree to remit payment for any such
damage to the applicable party.
9. Payments to Hosts/Chefs/Musicians/Venues
For Food Events where the Host also serves as Chef, the Company will make payment to
the Host of eighty five percent (85%) of the stated Event price per person, less taxes
if applicable. For Food Events where different individuals serve as Host and Chef:
a) the Company will make payment of ten percent (10%) of the stated Event price to the
Host and seventyfive percent (75%) of the stated Event price to the Chef, as applicable;
and b) for events occurring at a Venue, the Company will make payment of fifteen percent
(15%) of the stated Event price to the Venue and seventy-five percent (75%) of the stated
Event price to the Chef or Musician, as applicable.
For Music Events where the Host also serves as Musician, the Company will make payment
to the Host of sixty percent (60%) of the stated Event price per person, less taxes if
applicable. For Music Events where different individuals serve as Host and Musician:
a) the Company will make payment of ten percent (10%) of the stated Event price to the Host
and fifty percent (50%) of the stated Event price to the Musician, as applicable; and b) for
events occurring at a Venue, the Company will make payment of ten percent (10%) of the
stated Event price to the Venue and fifty (50%) of the stated Event price to the Musician,
In all cases: a) the applicable payments will be transferred by the Company within five
(5) business days of the Event; and b) if a Guest lodges a complaint about such Event, and
the Company believes that such Event was not compatible with the Company’s standards of
service or was due to any misconduct of the Host, Chef, or Musician, the Company in its sole
discretion reserves the right to retain and/or charge back from Hosts, Chefs, and/or Musicians
the applicable amount(s). Hosts/Chefs/Musicians/Venues are solely responsible to determine
the applicable taxes related to an Event and are hereby required to comply with the applicable
tax laws and pay all taxes, including sales and uses taxes, goods and services taxes, and other
similar municipal, state, and federal indirect or other withholding taxes imposed and levied
in connection with Reservations made of their respective Events via the Service or the payment
thereof and they represent and warrant that they will pay such taxes in compliance with the
applicable tax law. If a Host fails to pay such taxes or to comply with any provisions of applicable
tax laws, Foster ATX may prevent such Hosts from publishing Events and using the Service.
10. Cancellation of Reservation
If a Reservation is cancelled by a Guest at least forty-eight (48) hours prior to the
starting time of the applicable Event, the Host shall not be paid any of the Reservation
Amount and the Guest shall be reimbursed the full Reservation Amount less any
commissions and fees paid by the Company related to that Event. If a Reservation is
cancelled by a Guest less than forty-eight (48) hours before the applicable Event, the
Guest shall not be entitled to any return, credit, or reimbursement.
The Company reserves the right to cancel a Reservation at any time upon returning full
refund of Reservation Amount to the Guest.
In the event that a Host cancels a Guest’s Reservation to participate in an Event, the
Company will credit Guest with the full Reservation Amount such Guest has paid to
Foster ATX. Company reserves the right to charge the canceling Host with the
Reservation Fees collected. Foster ATX will refund the Total fees for such booking to
the applicable guest within a commercially reasonable time of the cancellation.
Foster ATX shall not bear any liability for any cost, expense, loss or damage that you
may suffer or incur as a result of Host’s or Guest’s cancelation of a Reservation of an
To enjoy the Service in any capacity you must be over the age of twenty-one. By
registering with the Service, you affirm that you are twenty-one years of age or older.
We reserve the right to request proof of age from anyone using the Service at any time
to verify that minors under the age of twenty-one are not using the Service. In the
event that it comes to our knowledge that a person under the age of twenty-one is
using the Service, we will prohibit and block such User from accessing the Service and
will make all efforts to promptly delete any personal information with regard to such
12. Compliance with Law
All Users agree to comply with all applicable laws, statutes, regulations and
ordinances (collectively “Laws”), and further agree not to use the Service for any
illegal, unlawful or unauthorized purpose. In connection with the foregoing
agreements, as a Chef, Host, Venue, or Musician, such applicable Laws may include
provisions relating to or restricting the operation of dining or food establishments and/
or the service of alcohol. The Service is not intended to permit Hosts or Venues to
operate food establishments when not permitted.
13. Use Restrictions
You agree that neither you nor anyone on your behalf will at any time:
• Use the Service in connection with any form of spam, unsolicited mail, or
similar conduct; • Allow access to your account to anyone other than yourself, including, without
limitation, any persons under the age of twenty-one. You accept full
responsibility for any unauthorized use of the Service on your behalf, including
by minors; • Use the Service for any purpose, whether personal or commercial, other than
the intended use; • Interfere with or violate other Users' rights to privacy and other rights, or
harvest or collect data and information about other Users, whether manually or
automatically; • Post, publish, or otherwise make available through the Service any content or
information that is abusive, harassing, threatening, obscene, defamatory,
libelous, or racially, sexually, religiously, or otherwise objectionable or
offensive; • Provide false, inaccurate, or misleading information to the Service; • Transmit, distribute, display, or otherwise make available through the Service
any content that may infringe third party rights, including Intellectual Property
rights and privacy rights; • Interfere with or disrupt the operation of the Service, including but not limited
to taking any action that imposes, or may impose an unreasonable or
disproportionately large load on our platform infrastructure;
• Bypass any measures we may use to prevent or restrict access to the Service;
• Copy, distribute, sublicense, make available, modify, alter, adapt, make,
translate, reverse engineer, decompile, or disassemble any portion of the
Service in any way;
• Register for more than one Foster ATX Account or register for a Foster ATX
Account on behalf of an individual other than yourself; or • As a Host, submit any Event with false or misleading information, including but
not limited to false or misleading price information, or submit any Event with a
price that you do not intend to honor.
We welcome and encourage you to provide feedback, comments and suggestions for
improvements to the Site and Services ("Feedback"). You may submit Feedback by
emailing us via the Site. You acknowledge and agree that all Feedback will be the sole
and exclusive property of Foster ATX and you hereby irrevocably assign to Foster ATX
and agree to irrevocably assign to Foster ATX all of your right, title, and interest in and
to all Feedback, including without limitation all worldwide patent, copyright, trade
secret, moral and other proprietary or intellectual property rights therein.
Some Hosts may pledge to donate a portion of the funds they receive from Events
offered via the Site or Services to a particular cause or charity. We do not control, and
will not take any responsibility or liability for such donations, whether the Host does in
fact make the donation he or she pledged to make.
16. Intellectual Property Rights
You acknowledge and agree that the “Intellectual Property” (as defined below) of
Foster ATX remains the sole property of Foster ATX, and that no right of use, license,
or interest in such property is created by these Terms or by your use of the Service
except to the extent such rights of use are specifically stated in these terms. You
further agree that you will not remove or delete any copyright or trademark notices,
restrictions, and signs indicating proprietary rights of the Service contained in or
accompanying the content included in the Service, and that you will abide by all
applicable laws in this respect. For purposes of this Agreement, “Intellectual Property”
means all inventions, patents, patent applications, trademarks, trade names, logos,
copyrightable materials, graphics, text, images, designs, specifications, methods,
procedures, algorithms, technical data, other data, interfaces, interactive features,
and software whether in source or object code, related to the Service, other than User
Foster ATX may photograph and/or record Guests engaging in an Event, and any such
image, recording or video (collectively “Recording”) will be owned exclusively by
Foster ATX. You agree that to the extent that your name, likeness, biography and/or
voice appears in any such Recording, you grant to Foster ATX an unrestricted,
perpetual, worldwide right to use your Image as contained in the Recording in all
media now known and later developed for any purpose, including for the purpose of
promoting the Site and Services.
17. User Content
Foster ATX allows you to upload, post, publish, and make available your own
copyrightable materials such as text, images, photos, and videos ("User Content"). You
represent and warrant that you are the rightful owner of the User Content you upload
to the Service or that you have and will continue to have all the necessary licenses,
rights, and consents that are required to use, and enable Foster ATX to use, the User
Content you upload and that such User Content does not infringe any third party's
copyright or other rights. When you upload, post, publish, or make available any User
Content, you grant to the Company an irrevocable, perpetual, non-exclusive, royaltyfree,
transferable, assignable, sub-licensable, and worldwide license, to use,
reproduce, distribute, transmit, make derivative works of, display, copy, make
available to the public, and perform that User Content.
18. Third Party Web Sites
The Site and Service may contain links to third-party websites or resources. You
acknowledge and agree that Foster ATX is not responsible or liable for: (i) the
availability or accuracy of such websites or resources; or (ii) the content, products, or
services on or available from such websites or resources. Links to such websites or
resources do not imply any endorsement by Foster ATX of such websites or resources or
the content, products, or services available from such websites or resources. You
acknowledge sole responsibility for and assume all risk arising from your use of any
such websites or resources or the content, products or services on or available from
such websites or resources.
We respect your privacy and are committed to protect the information you share with
us. You may have designated certain of your information as public when you register
for the Service, and your information may be shared with Hosts and vice versa in order
to facilitate the Service. In addition, Foster ATX may disclose any of your information
if we believe in good faith that it is reasonably necessary: a) to respond to subpoena,
government request, or other applicable law, regulation, or legal process; b) to
respond to claims asserted against Foster ATX, c) to enforce or administer our
agreements with users, such as these Terms, d) for fraud prevention, risk assessment,
investigation, customer support, product development and debugging purposes, or e)
to protect the rights, property or safety of Foster ATX, its users, or members of the
public. Except for the foregoing limited circumstances, we will not share your personal
information with other Users or other third parties.
If you use the service of a Host or provide a service to any Guest who you feel is acting
or has acted inappropriately, including but not limited to offensive, violent or sexually
inappropriate behavior, who you suspect of stealing from you, or who engages in any
other disturbing conduct, you should immediately report such person to Foster ATX,
and as appropriate you may also report such person to appropriate authorities. Foster
ATX reserves the right, at any time and without prior notice, to remove or disable
access to any User Content that Foster ATX, at its sole discretion, considers to be
objectionable for any reason, in violation of these Terms or otherwise harmful to the
Site or the Service.
Both Hosts and Guests agree to cooperate with and assist Foster ATX in good faith, and
to provide Foster ATX with such information and take such actions as may be
reasonably requested by Foster ATX, in connection with any complaints or claims made
by Users relating to Events or any personal or other property located at an Event
location or with respect to any investigation undertaken by Foster ATX or a
representative of Foster ATX regarding use or abuse of the Site or the Services.
21. Disclaimer and Exclusion of Warranties
The Company has no control over the conduct of any Hosts, Venues, Chefs, Musicians
or Guests, and disclaims all liability in this regard; participating in Events is entirely at
the risk of all Users. We do not accept any liability for any loss, damage, cost, or
expense that you may suffer or incur as a result of or in connection with your use of
the Service or your participation in any Event.
THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY
WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO: A)
WARRANTIES REGARDING THE QUALITY OF AN EVENT; B) WARRANTIES REGARDING THE
ACCURACY, COMPLETENESS OR TRUTHFULNESS FO ANY CONTENT OBTAINED THROUGH
THE SITE OR SERVICE; C) WARRANTIES OF TITLE OR NON-INFRINGEMENT; OR D) IMPLIED
WARRANTIES OF USE, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR
22. Exclusion of Damages; Limitation of Liability
IN NO EVENT SHALL THE COMPANY BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL,
OR CONSEQUENTIAL DAMAGES OF ANY KIND, WHETHER IN AN ACTION OF CONTRACT,
NEGLIGENCE OR OTHER TORTIOUS ACTIONS RESULTING FROM OR ARISING OUT OF THE
SERVICE OR ANY EVENT, OR THE USE OR INABILITY TO USE THE SERVICE, REGARDLESS
OF WHETHER THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
THE LIABILITY OF THE COMPANY SHALL NOT EXCEED THE AMOUNT PAID TO THE
COMPANY BY THE INDIVIDUAL ASSERTING LIABILITY OF THE COMPANY.
23. Changes to the Service
THE COMPANY MAY CORRECT, MODIFY, AMEND, ENHANCE, IMPROVE, AND MAKE ANY
OTHER CHANGES TO THE SERVICE AT ANY TIME, INCLUDING BUT NOT LIMITED TO: A)
CHANGES IN PRICING STRUCTURE; B) IMPLEMENTING CHARGES FOR ASPECTS OF THE
SERVICE FOR WHICH THE COMPANY DID NOT PREVIOUSLY IMPOSE A CHARGE; AND C)
DISCONTINUE DISPLAYING OR PROVIDING ANY CONTENT OR FEATURES; IN EACH CASE
WITHOUT NOTICE TO YOU.
24. Amendments to these Terms
The Company may change these Terms from time to time in its sole discretion. Such
amendments may take effect immediately upon placement of the updated Terms on
the Foster ATX website or at such other time as determined by the Company in its sole
discretion. You hereby agree and acknowledge to accept and to be bound by any of the
changes made in the Terms; your continued use of the Service after such changes will
constitute your acceptance to the new Terms.
25. Account Access
At any time, the Company may block your access to the Service and/or temporarily or
permanently limit, suspend, or terminate your personal profile, at its sole discretion
and without notice, in addition to any other remedies that may be available to the
Company under any applicable law, if the Company determines in its sole discretion
that you have breached any of these Terms in any manner.
26. Service Termination
The Company may at any time, at its sole discretion and without notice, cease the
operation of the Service or any part thereof, temporarily, or permanently. You agree
and acknowledge that the Company does not assume any responsibility with respect
to, or in connection with the termination of operation of the Service and loss of any
data, including User Content, as a result, as long as your pending Reservation is
27. Other Representations and Warranties
You hereby represent and warrant as follows: a) You possess the legal authority to
enter into these Terms and to form a binding agreement under any applicable law, to
use Foster ATX in accordance with these Terms, and to fully perform your obligations
hereunder; and b) your agreement to these Terms does not and will not violate any
other agreement to which you are bound or any law, rule, regulation, order, or
judgment to which you are subject.
28. Governing Law and Jurisdiction
These terms and conditions shall be interpreted under the laws of the State of Texas
without regard to the conflict of law rules of any state. Any dispute arising out of or
related to your use of Foster ATX will be subject to the exclusive jurisdiction of the
state courts of Travis County, Texas, and the federal court for the Western District of
Texas, Austin Division. You hereby irrevocably consent to such personal jurisdiction and
waive all objections thereto.
You agree to release, defend, indemnify, and hold Foster ATX and its officers,
directors, employees and agents, harmless from and against any claims, liabilities,
damages, losses, and expenses, including, without limitation, reasonable legal fees,
arising out of or in any way connected with (a) your access to or use of the Site or the
Service or your violation of these Terms; (b) your User Content; and (c) your (i)
interaction with any Member, (ii) booking of an Event, (iii) creation of an Event, (iv)
the use, condition or rental of an Event by you, including, but not limited to any
injuries, losses, or damages (compensatory, direct, incidental, consequential or
otherwise) of any kind arising in connection with or as a result of a rental, booking or
use of an Event, or (v) injuries, damages or other claims to any persons present at an
If any provision of these Terms is found to be unlawful, void, or for any reason
unenforceable, that provision will be deemed severed from these Terms and will not
affect the validity and enforceability of all remaining provisions, which shall remain in
full force and effect.
No waiver by either party of any breach or default hereunder will be deemed to be a
waiver of any preceding or subsequent breach or default.
Any heading, caption, or section title contained herein is inserted only as a matter of
convenience, and in no way defines or explains any section or provision hereof.
These Terms constitute the entire terms and conditions between you and the Company
relating to the subject matter hereof and supersede any and all prior or
contemporaneous discussions, understandings, representations, and agreements,
whether written or oral, with regard to the subject matter hereof.