This HOST AGREEMENT is made between you (“you” or “Host” or “Hosts” or “Members”) and Cerulean Blue Enterprises (“CeruleanBlue”) as of the date you agree to these terms for the designated services (“Services”).
Services and Fees. In exchange for the applicable fees paid by you, CeruleanBlue will publish all trip (“Trip” or “Event”) listings (“Listings”) on our web site, grant you access to our Bookings application for collections and management of payments, and provide the services covered in either the Basic Package (“Basic Package”) or Premium Package (“Premium Package”), as described on the CeruleanBlue web site.
Term. This Agreement shall begin upon the date of posting a trip on the CeruleanBlue web site and will continue until the earlier of when the Services are completed (“Term”), which shall be the later of the date that an Event is sold out or the date of the Event.
Host Service Fee: Hosts agree to pay an annual fee of $250. Hosts who register for a Basic Package agree to pay CeruleanBlue a 12% fee on all gross amounts collected or paid by a Traveler in connection with the booking, deposit, or similar reservation for a Trip or Event. Hosts who register for a Premium Package agree to pay CeruleanBlue a 20% fee on all gross amounts collected or paid by a Traveler in connection with the booking, deposit, or similar reservation for a Trip or Event.
You are hereby agreeing to all such fees and liabilities associated therewith. Changes to fees associated with CeruleanBlue’s services are effective after CeruleanBlue provides you with at least fourteen (14) days’ notice by posting such changes on the CeruleanBlue web site. If you do not agree to such changes, you may cancel your Listing; however, commissions and fees collected prior to the date of cancellation are not refundable.
Payment Processing. Payment processing services are provided by Stripe and are subject to the Stripe Connected Account Agreement - which includes the Stripe Terms of Service: By agreeing to these terms or continuing to operate as a Host you agree to be bound by the Stripe Services Agreement, as the same may be modified by Stripe from time to time. As a condition of CeruleanBlue enabling payment processing services through Stripe, you agree to provide CeruleanBlue accurate and complete information about you and your business, and you authorize CeruleanBlue to share it and transaction information related to your use of the payment processing services provided by Stripe. CeruleanBlue will not be responsible for any payments not received for an Event or Trip or delays in payment processing via Stripe.
Promotional License. Host hereby grants CeruleanBlue a non-exclusive, royalty-free license to use any images in the Listing for promotional purposes across any platform owned or operated by CeruleanBlue. Additionally, Host agrees to provide a professional photo of the Host’s leadership individual or team and/or logo, and grants a non-exclusive, royalty-free license to CeruleanBlue for the use of said photos for promotional purposes across any platform owned or operated by CeruleanBlue.
Liability. Host assumes all liability and responsibility for its Listing, and acknowledges that it is solely liable for the accuracy and content of its Listing and any liabilities or other obligations associated with its Listing. Host shall indemnify, defend and hold CeruleanBlue harmless from any claims, costs or liabilities incurred by CeruleanBlue arising from Host’s Listing. Host assumes all liability and responsibility for its Trip and any claims relating to the Trip. Host shall indemnify, defend and hold CeruleanBlue harmless from any claims, costs or liabilities incurred by CeruleanBlue arising from the Trip.
Transfer of Funds. All payments collected will be distributed to Host 60 days prior to the start date of the Trip or Event. Host is responsible for any wire transfer fees associated with the distribution of funds. No payments can be processed through CeruleanBlue within 60 days of the start date.
Host may cancel the Trip or Event at any time prior to the distribution of payments collected (distribution of payments occurs 60 days prior to the start date of the Trip or Event, as noted above). In the event of cancellation prior to the distribution of payments to Host, CeruleanBlue will process refunds to Travelers who have registered for the Trip or Event. CeruleanBlue is not due the 12% commission fee when a Trip is cancelled prior to distribution of payments; however, the annual fee for Premium Membership is not refundable.
If Host cancels the Trip or Event after funds have been distributed, CeruleanBlue is not responsible for processing refunds. Host shall be responsible for notifying all those who have registered for the Trip and Event, and issuing all refunds relating to an Event, including all associated fees such as commissions, credit card fees, etc. The commission fee collected by CeruleanBlue is not refundable to Host if Host cancels after funds have been distributed. Host assumes all liability for damages or claims that may be made in association with cancelling an Event or Trip.
Entire Agreement. This Agreement (including exhibits, rate sheets or schedules, each of which are incorporated) constitutes the entire agreement and understanding between the parties hereto with respect to the subject matter hereof and supersedes all prior verbal and written agreements and understandings relating to such subject matter.
Non-Circumvention. Host covenants not to circumvent, avoid, or bypass CeruleanBlue, directly or indirectly, to avoid payment of fees or commissions in any transaction with any other person, user, or their affiliates, agents, representatives, revealed through use of the Site, either directly or indirectly. In the event of circumvention by Host, or any person or user as described herein, Host agrees to pay CeruleanBlue an amount equal to the maximum possible compensation, or commission, or fee, that CeruleanBlue would be have been entitled to should the Event or Venue Listing have sold a maximum capacity, plus all attorneys’ fees and costs associated therewith. If no maximum compensation, commission, or fee is set by agreement, then the damages shall be determined by an appropriate court of law.