CURATOR AGREEMENT

01  What Reserv'd provides

Software: event listings, RSVPs, ticket sales, door check-in and point-of-sale tools, membership and rewards infrastructure, payout processing via Stripe Connect, and optional paid promotional features. We provide technology only.

02  You run the event — all of it

You are the operator of your events and premises, and you are solely responsible for venue safety and security, admission decisions, age verification at the door, staffing, capacity and fire-code compliance, permits, and all alcohol service and TABC compliance. You or your venue — never Black Market Concepts — are the alcohol licensee and the provider of alcohol under Texas Alcoholic Beverage Code §2.02. Nothing on the platform transfers any of these duties to us.

03  Money

Ticket revenue. Guests pay the ticket price plus a guest service fee ($1.99 + 5% on tickets up to $15.00, $2.99 + 5% above that). You receive 100% of the ticket price; the service fee is our revenue, and we absorb standard card-processing costs on that flow. The service fee is set by us and may change; the current amount is always shown to the guest before payment.

Sales tax — our certification to you. For sales made through the platform where Reserv’d is the marketplace provider, Reserv’d certifies that it assumes the rights and duties of a seller or retailer with respect to those sales, and will collect, report and remit the applicable sales or admissions tax on them. This certification is given under Texas Tax Code § 151.0242 and the equivalent provisions of any other state where it applies. Tax is added to the guest’s total at checkout, is shown to them before they pay, is never part of your payout, and is never our revenue — it is held and remitted to the taxing authority.

What that means for your own filings. Where you have accepted this certification, you exclude those sales from your own tax report. You keep your own permit and keep filing for everything else you sell — bar, food, door cash, and any tickets you sell outside the platform.

Tax follows the room, not the buyer. An admission is taxed where the event physically happens. A guest in Dallas holding a ticket to an Orlando night owes Orlando’s rate. For that reason you must give us the real street address of every room you run, and tell us when a night happens somewhere other than your usual room. An address that is wrong or out of date means the wrong tax is charged, and correcting it afterwards is expensive for both of us.

Your obligation to give us accurate information. You must furnish the information we need to collect and remit correctly, and keep it current — venue address, entity name, and the nature of what is being sold. If tax is collected incorrectly because the information you gave us was wrong or incomplete, that is your responsibility, not ours.

Where Reserv’d is not the marketplace provider for a sale, that tax remains yours. Selling through this platform does not by itself end any registration or filing obligation you already have with your state — in most states a venue keeps its own permit and its own returns even when a marketplace collects on its sales. Check with your own accountant for the rooms you run.

Door charges taken through the platform point-of-sale follow the same split. Cash taken at your door is yours and never touches the platform.

04  Payouts

Payouts will move to three business days after your event ends. We will tell you before that starts. A Saturday night pays out the following Tuesday. This is standard for ticketing — a card payment is not final at the moment of sale, and the money has to remain recoverable until the event has actually happened.

Where it goes. Payouts route to the Stripe Express account you open in your own name. Your bank, tax and identity details go to Stripe directly — we never hold them. The linked account must be a business bank account in the name of the entity running the events.

Stripe’s own transfer timing applies on top of ours, and your bank may take a further day or two to post the deposit.

05  Chargeback reserve

For your first three events, we hold back 10% of ticket proceeds for 60 days as security against chargebacks, disputes and refunds. Reserve amounts release automatically when the 60 days are up — you do not have to ask.

After three events with no chargebacks, no reserve is held on anything you run after that. It is a starting condition, not a permanent one.

Free events and RSVP-only events carry no reserve, because there are no proceeds to hold. Reserve balances and their release dates are visible in your dashboard at all times.

06  Refunds and chargebacks

Refunds of ticket price are funded by you. If you cancel an event, you authorise us to refund the ticket price to every purchaser. We refund our own service fee to those guests at our cost — a guest should not pay us for a night that did not happen.

Chargebacks on your events are yours, along with the associated network and dispute fees, where they arise from the event itself — cancellation, misdescription, denial of entry, or a guest disputing a night they attended. We bear those arising solely from platform failures.

The dispute fee, specifically. When a guest disputes a charge, the card network charges a fee to process that dispute regardless of who is right. It is not our fee and we do not mark it up. Where you carry the chargeback, you also carry that fee at exactly the amount the network and our processor charge us — currently around $15 per dispute in the United States, set by them and not by us. It appears as its own line on your payout statement, never buried in a total.

How we recover. Where an amount is owed to us under this section, you authorise us to recover it by any of the following: (a) reversing the corresponding transfer to your connected account; (b) offsetting against your reserve; (c) offsetting against any current or future payout to you, whether or not related to the event the amount arose from; or (d) debiting your linked payout account where permitted. We will tell you before we do any of these.

We fight it first. When a guest disputes a charge, we respond on your behalf using the evidence the platform holds — including door check-in data showing the guest was admitted. If we win, you are charged nothing at all — not the ticket, and not the fee. The network keeps part of its fee even on a dispute we win; that cost is ours, not yours, because you did nothing wrong. You only carry a chargeback, and its fee, where the bank has actually decided against it.

If a recovery cannot be completed, the amount remains owed and is applied against your next payout.

07  Indemnification

You will defend, indemnify, and hold harmless Black Market Concepts, its affiliates, and their officers and employees from any claim, loss, or expense (including attorneys' fees) arising out of or relating to: your events or premises; personal injury or property damage at or connected to an event; alcohol service, including dram-shop and over-service claims; admission or exclusion decisions; your promotional content, including flyer imagery, music and fonts; your promoters and staff; and your breach of this agreement or of law.

08  Insurance

You will maintain commercial general liability insurance and, where alcohol is served, liquor liability coverage, and will name Black Market Concepts as an additional insured on request.

09  Promoters and staff

Promoters and door staff you engage are your contractors or employees — never ours. You are responsible for their classification, compensation, tax reporting and conduct. Platform features that display promoter rosters or payout terms display your own arrangements; we do not pay promoters.

10  Member data

Member data visible to you — guest lists, check-ins, and rewards activity for your own venue — may be used only to operate your events and to communicate with those members consistent with law and our policies. No export, sale, or use for unrelated businesses. On termination your access ends; members' relationships with the platform continue.

11  Messaging compliance

For any SMS or push campaigns sent through the platform, you warrant that recipients validly opted in, that content is accurate and lawful, and that opt-outs are honored. You indemnify us for TCPA and similar claims arising from your campaigns or contact lists.

12  Badges

Platform badges, including any check mark, indicate subscription tier or platform standing only. They are not an endorsement, a licensure check, or a vetting of your venue, and you will not represent otherwise.

13  Door tools and the manager PIN

Door codes, the POS, void controls and the manager PIN are security features. You are responsible for who you share codes and PINs with, and for charges and voids made under them. You will not permit typed card-number entry at the door.

14  Content license

You grant us a non-exclusive license to display your names, marks, flyers and event content on the platform and in platform marketing. You warrant that you hold the rights to everything you upload.

15  Term and termination

Either party may terminate at any time. We may suspend features immediately for suspected fraud, chargebacks, legal risk, or member-safety issues. The money, indemnification, member-data and closing sections survive termination. Events already sold at termination will be honored or refunded.

16  Disclaimers and limitation of liability

The platform is provided “as is.” Our total liability to you in any 12-month period is capped at the platform fees we earned from your events in that period. Neither party is liable for indirect or consequential damages.

17  Relationship

Independent contractors. Nothing here creates a partnership, joint venture, agency, or employment relationship. We are a payment facilitator via Stripe Connect, not a bank or money transmitter.

18  Governing law

Texas law. Harris County, Texas courts.

19  Changes

We may update these terms with notice through the platform; continued use after the effective date is acceptance, except that changes to the money section take effect only for events created after notice.

Questions

info@blackmarketconcepts.com