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 the technology and, for sales made through the platform, we act as the seller of record for tax and payment purposes only — which is why guests see “Sold by Reserv’d on behalf of” your house. The event, the premises and the guests remain yours.

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 beverage-law compliance. You or your venue — never Black Market Concepts — hold the alcoholic-beverage license and are the licensee and provider of alcohol under the beverage laws of the state or territory where the room is located, and you answer to that state’s beverage regulator (named for each state in the State Schedule at https://blackmarketconcepts.com/curator-terms/states/). Nothing on the platform transfers any of these duties to us.

Age restriction. You set the age restriction for each night. The platform default is 21+ and applies unless you change it; you are responsible for the age you set being lawful where the room is, and for enforcing it at the door.

03  Venues and promoters

This agreement is signed by whoever runs the night on the platform — the venue itself, or a promoter or organizer presenting a night in a room they do not own. We call either one a “house.” The same terms apply to both, with these clarifications.

If you are a promoter or organizer. You warrant that you have the venue’s authorization to hold the night, to sell admission to that room on this platform, and to give us its real street address. The venue remains the licensee and the operator of the premises: alcohol service, capacity, fire code, security and door age checks stay with the venue under the law, and you are responsible for making sure your arrangement with the venue covers them. Anything in this agreement that refers to “your venue” or “your premises” means the room you are using for that night. You may not publish a night for a room you are not authorized to use; if you do, every claim that follows is yours under the Indemnification section.

If you are the venue. Promoters you allow to sell through the platform for your room are your arrangement, not ours; we pay the house that published the night. If you and a promoter both hold accounts, the account that publishes the night is the house of record for it, receives its payout, and signs for it here.

Insurance for promoters. Where you are not the licensee, the liquor-liability requirement rests with the venue; you will carry event liability insurance for your nights, or hold written confirmation that the venue’s policy covers them, and will name Black Market Concepts as an additional insured on request.

Door cash. Cash taken at the door belongs to whichever of you your arrangement says it does. The platform only logs it, never handles it, and never collects tax on it; the tax on it is reported by whoever’s sale it is.

04  Money

Ticket revenue. Guests pay the ticket price plus a guest service fee ($1.99 + 10% of the ticket price). The service fee is ours, never yours — we keep it, and we absorb standard card-processing costs on that flow, which are never deducted from what you are owed. You receive the full ticket price, less only sales tax where the ticket price already includes it — see “How tax reaches the guest” below. 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.

How tax reaches the guest. Every night runs in one of two modes, and you choose which, per night. On a tax-on-top night the tax is added to the guest’s total at checkout and you receive the whole ticket price. On a tax-inside night the price you advertise already contains the tax, so the guest sees one number — and your share is that price minus the tax. For example, a $30 advertised price in a 6.5% room leaves you $28.17. The night editor shows you your exact figure before you publish it, and the guest sees every component before they pay. In both modes the tax is shown to the guest before payment and 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.

How the sale is described to guests. Every ticket sold through the platform is shown to the guest as “Sold by Reserv’d on behalf of [your house] · the service fee goes to Reserv’d, not the venue · refunds follow this event’s policy.” Prices are displayed all-in. On a tax-on-top night the guest sees the ticket price plus the service fee, with sales tax added at checkout where it applies; on a tax-inside night the advertised ticket price already includes the sales tax and the service fee is added to it. Either way the guest sees every component and the final total before paying.

Who pays the service fee. By default the guest pays it on top of your ticket price. Where you elect, or a program you enroll in provides, that the fee is absorbed, it is deducted from your payout instead; where it is waived (for example on certain community, non-profit or creator-program nights, or for Reserv’d Black members), it is not charged. Which applies is shown to you before you publish the night and to the guest before they pay.

Door sales. Card charges taken at the door through the platform point-of-sale include the same service fee and, where applicable, the same sales tax as an online sale, and follow the same split. Cash taken at the door is the house’s own sale (or the venue’s, per the Venues and promoters section) — the platform only logs it for the night ledger, never handles it, and never collects tax on it. Tax on door cash is reported by whoever’s sale it is.

How tax is collected. Tax follows the room. Where the law requires Reserv’d to collect tax, we collect it and either pay the taxing authority or pass it to the house responsible for filing and payment, as the law requires. Where no tax applies to the sale, we add no tax line. Where the house alone is responsible, you register, file and pay the tax; your ticket price includes it where permitted, and we do not separately collect it. Required tax collection and disclosures still apply. You tell us promptly if a taxing authority requires different treatment. Our State Schedule at https://blackmarketconcepts.com/curator-terms/states/ describes current handling and local exceptions; it is information, not part of this agreement, and updates do not change agreed responsibilities. Collected tax is not our revenue or money available for other uses. On request, you provide records showing compliance with your tax duties.

Tax we collect that you file. Where the law requires us to collect a tax that you file, you authorize Reserv’d to collect it on your behalf, keep it identified separately and unavailable for other uses, and transfer it to you with a tax statement in time for your filing and payment; you use it only for tax payment or authorized tax refunds and provide payment records on request.

05  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.

06  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.

07  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, the ticket amount is returned to you in full. The card network keeps its non-refundable dispute fee (currently $15 in the United States) whether or not we win; because the dispute arose from your sale, that fee is yours either way, at cost, shown as its own line on your payout statement. If we lose, you carry the chargeback and all associated fees.

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

08  Pricing and advertising

Federal law (FTC Rule on Unfair or Deceptive Fees, 16 CFR Part 464) and some state ticket laws require that the first price a guest sees for a ticket is the total they will pay, excluding only tax. The platform does this for you. Where you advertise a ticket sold through the platform — flyers, posts, stories, promoter messages — you will state the all-in price, or the ticket price clearly marked “plus service fee and tax”, and never a price that leaves out a mandatory fee. You will not sell the same tier off-platform at a price that makes the platform price appear deceptive. Where a state ticket law imposes disclosure, refund or cancellation duties on the place of entertainment, those are yours; where it imposes them on the ticket seller, they are ours.

09  Tax reporting

Because we are the seller of record for platform sales, we report your ticket proceeds on IRS Form 1099-K, and to any state or territorial authority, where the law requires. You will provide a valid taxpayer identification number and legal name through Stripe before your first paid night; without it, federal backup withholding (currently 24%) applies to your payouts and is not refundable by us. You will keep your entity name, address and TIN current.

10  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. Where you are responsible for filing and paying tax, you reimburse Reserv’d for tax, penalties, interest and reasonable defense costs we incur because you fail to do so, except to the extent caused by our own failure to meet our duties.

11  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.

12  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.

13  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.

14  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.

15  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.

16  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.

17  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.

18  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.

19  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.

20  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.

21  Governing law

Texas law governs this agreement, and the state and federal courts sitting in Harris County, Texas have exclusive jurisdiction over disputes under it, to the fullest extent the law allows. Local law carve-out. Where the law of the state or territory in which your room is located requires that a particular provision be governed by that law, that law governs that provision only, and the rest of this agreement is unaffected. Severability. If any provision is held unenforceable, it is limited to the minimum extent necessary and the remainder stays in force.

22  Electronic signature

You agree to sign this agreement electronically and that the record we keep of your signature — your typed legal name and role, your account, the date and time, your IP address and browser, and the full text of the version you signed — is the agreement between us and is admissible as such. This is intended to satisfy the federal E-SIGN Act and the electronic-transactions law of the state or territory where your room is located. If we change the signed text, you will be asked to sign again before the new version applies to you; the version you signed continues to govern until you do. Updates to the State Schedule are not changes to the signed text.

23  General

Entire agreement. This agreement, the Sales-Tax Certification you sign separately, and the platform policies referenced here are the whole agreement between us about the platform and replace any earlier terms, including the checkbox at signup. Notices. We may give notice through the platform or to the email on your account; you give notice to the email shown on /curator-terms/. Assignment. You may not assign this agreement without our written consent; we may assign it to an affiliate or to a successor to the platform. Force majeure. Neither party is liable for delay or failure caused by events beyond its reasonable control (weather, government order, venue closure by authority, network or processor outage), except that a night cancelled for any reason is refunded to guests as the Refunds section provides. Language. Where we offer this agreement in another language, the English text controls if the two differ. No waiver. A failure to enforce a provision is not a waiver of it.

24  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