Fishtourhub Captain Agreement

Accurate Information. I certify that the personal details, license number, boat details, and all other information I have provided to Fishtourhub are true, current, and complete.

Valid Credentials. I hold and will maintain a valid U.S. Coast Guard Captain's License (or applicable authority credential) and current vessel insurance for the duration of my participation. I will keep my license and insurance documents on file and available to Fishtourhub admins upon request.

Legal Compliance. I will operate in compliance with all applicable federal, state, and local laws, including Coast Guard regulations, bag limits, and reporting requirements, and I will obtain all required permits for the hubs and waters I serve.

Safe Operations. I am solely responsible for the safety of my passengers and crew, the seaworthiness of my vessel, and the conduct of every trip. Fishtourhub is a marketplace and is not my employer, agent, or partner. Fishtourhub's document verification is an administrative screening step only; it does not constitute an endorsement, certification, warranty, or representation that I am fit, safe, seaworthy, or insured, and it does not shift any liability from me to Fishtourhub.

Status Definitions. My participation on FishTourHub has two status levels:

(a) "Signed" — I have executed this Agreement by submitting my onboarding form. A Signed captain is not yet bookable and has not locked a commission tier.

(b) "Verified" — I am (i) Signed, (ii) approved by FishTourHub admin with a valid U.S. Coast Guard License and current vessel insurance on file, and (iii) have a connected Stripe account for payouts. Only a Verified captain is bookable on the marketplace and has locked a commission tier under Clause 6.

Fees, Commissions, Cancellations, No-Shows & Day-of Collection. The parties acknowledge that FishTourHub's commission rates are materially below comparable fishing-charter marketplace rates (e.g., approximately 18–22%), and reflect the platform's marketing, lead-generation, and payment-processing services.

"Trip Price" means the gross price shown on the FishTourHub listing at the moment of booking, explicitly excluding gratuities, the Model B day-of balance I collect directly under Clause 6(e), and any post-booking add-ons I collect directly from the customer. Commission is calculated on the Trip Price, and is earned by FishTourHub upon booking for marketplace, lead-generation, and payment-processing services — it applies whether or not I deliver the trip, and is non-refundable per Clause 6(f).

Commission Tiers:

(a) Founding Captain — Verified on or before December 31, 2026: 11% on all trips, plus a 9% "Founding Big-Trip Rate" on any single trip whose Trip Price exceeds $2,600. The 9% rate applies automatically unless I am in material breach of this Agreement, under suspension, have lapsed credentials, or have a fraud or circumvention finding under Clause 6(h), in which case the 9% reverts to 11% on a going-forward basis until the breach is cured. This tier is locked for my Initial Term under Clause 9.

(b) Standard Captain — Verified on or after January 1, 2027: 11% flat on all trips, with no big-trip bonus.

For each trip I may choose one of two payment models:

(c) Model A — Platform Collects (default). FishTourHub collects 100% of the Trip Price from the customer. Stripe deducts its processing fee off the top; the remaining net is split per my commission tier (11% / 89%, or 9% / 91% for a qualifying Founding big trip).

(d) Model B — Captain Collects Day-of (opt-in, per trip). FishTourHub collects only the applicable commission (11%, or the 9% Founding Big-Trip Rate) plus the Stripe fee on that commission online (the "Booking Fee"). I collect the remaining balance directly from the customer on the day of the trip.

(e) Booking Fee Non-Refundable. The Booking Fee is earned by FishTourHub upon booking for marketing, lead generation, and payment processing services. It is not a deposit held for me, and it is non-refundable and non-transferable.

(f) Customer Cancellations — Effect on My Payout. (i) More than 5 days before the trip: the customer receives 100% refund of amounts paid online; I receive 0%. (ii) 2-5 days before the trip: the customer forfeits 100% of the Booking Fee to FishTourHub; under Model A the customer is refunded the remaining balance and I receive 0%, and under Model B I receive 0% from the Platform and may attempt to collect the balance directly per my own policy — FishTourHub has no obligation to process it. (iii) Less than 48 hours, same-day cancellation, or no-show: the customer forfeits 100% of all amounts paid online to FishTourHub; under Model A FishTourHub retains 100% of the forfeited amount and no portion is paid to me as a "cancellation fee," and I am not entitled to the commission split on a trip that did not occur.

(g) No-Show Definition. "No-show" means the customer is not at the designated meeting location within 30 minutes of scheduled departure and has not communicated cancellation. I must wait 30 minutes and attempt phone contact. FishTourHub and its hubs are not responsible for customer no-shows and are not liable for any uncollected balance, lost income, or cost arising from a customer's failure to appear.

(h) No Circumvention / Fraud. I will not: (i) encourage, instruct, or allow any customer to book through FishTourHub and then cancel to complete the transaction off-platform for cash, Venmo, Zelle, or other payment; (ii) create fake bookings using friends, family, or alternate accounts to trigger cancellation payouts; (iii) collect the day-of balance and falsely report a no-show to FishTourHub; or (iv) complete a trip for a customer who booked via FishTourHub without reporting it as completed in the FishTourHub system. Violation is fraud and grounds for immediate termination, forfeiture of all pending payouts, a $500 fee per occurrence, and revocation of any Founding Big-Trip Rate.

(i) Verification for Model B. When I opt into Model B, I agree to mark trip status as "Completed" or "No-Show" within 24 hours of the scheduled trip time. FishTourHub reserves the right to contact the customer to verify trip completion. Three (3) unverified no-shows in any 30-day period will result in automatic removal from Model B and return to Model A — Platform Collects.

(j) Weather and Mechanical Cancellations. If I cancel a trip for unsafe weather or verifiable mechanical failure, the customer receives 100% refund of online payment and I receive $0. I will notify FishTourHub within 2 hours and provide photo/video evidence if requested. No penalty to me.

I understand FishTourHub may withhold earnings as described in the platform terms.

Trip Standards. I will not post false, misleading, or unlawful trips, and I will keep my trips, availability, and blocked dates current.

Liability & Indemnity. To the fullest extent permitted by law, Fishtourhub is not liable for acts or omissions of captains, crew, or customers. I agree to indemnify and hold harmless Fishtourhub from claims arising out of my operations.

Term & Termination. The "Initial Term" is 12 months from the date I become Verified, during which my locked commission tier (if Founding) remains in effect. After the Initial Term, this Agreement continues month-to-month. Either party may terminate with 14 days written notice. FishTourHub may suspend or remove my profile and trips immediately for cause, including safety violations, lapsed credentials, customer misconduct, fraud, or any conduct it deems harmful to the marketplace. Notice of any termination or suspension will be sent to the email address on file for my account.

Independent Contractor Status. I am an independent contractor, not an employee, agent, partner, or joint venturer of Fishtourhub. I am responsible for my own taxes, business expenses, insurance, and compliance with all labor and tax obligations arising from my charter operations.

Drug & Alcohol Compliance. I will remain enrolled in a USCG-compliant random drug-testing consortium for the duration of my participation, keep my consortium documentation current and on file, and will not operate under the influence of drugs or alcohol. Fishtourhub may suspend or remove me for any lapse in consortium enrollment or failed test.

Insurance Requirements. I will maintain, at my own expense, marine/charter liability insurance and any other coverage required by law for the vessel and waters I operate in, with limits adequate to cover my passengers and operations. I will provide proof of coverage and renewal to Fishtourhub on request.

Non-Circumvention. I will not solicit, accept payment from, or direct Fishtourhub-referred customers off-platform to avoid the platform fee, whether during a booked trip or for any future trips that originated through Fishtourhub. For a minimum of 12 months following a customer's first booking through Fishtourhub, I agree to keep that customer's bookings on the platform so the platform fee applies. FishTourHub would appreciate a relationship beyond those 12 months — when captains keep customers on the platform long-term, they can simply fish while FishTourHub handles the marketing, calendar, and payment processing, with the 11% fee covering those services.

Marketing & Image Rights. I grant Fishtourhub permission to use my name, captain photo, boat photos, catch reports, and likeness in its marketing, website, social media, and partner materials, including in sponsored venues and partner flyers, without further compensation.

Dispute Resolution. Any dispute arising from this agreement will be resolved through binding arbitration in Virginia Beach, Virginia, under the rules of the American Arbitration Association. This agreement is governed by the laws of the Commonwealth of Virginia without regard to conflict-of-law principles.

Commission Changes & Agreement Updates. We built FishTourHub to be the opposite of the big booking sites — no surprises, no hidden cuts. We just need the ability to adapt as we grow. Starting January 1, 2027, FishTourHub may change a captain's commission rate with 30 days written notice stating the actual new rate. I may terminate this Agreement without penalty within that 30-day period. No commission change applies retroactively to bookings already made. A Founding Captain's locked tier survives any such change for the remainder of the Initial Term. FishTourHub may otherwise modify this Agreement from time to time with reasonable advance notice (via email or platform notification); my continued posting or operation on the platform after changes are posted constitutes acceptance of the updated terms. No change to this Agreement applies retroactively to bookings already made.

Verification Not a Warranty. Fishtourhub's review of my license, insurance, and drug-consortium documents is an administrative screening step to confirm that documents were uploaded and appear current. It does not constitute an endorsement, certification, warranty, or representation by Fishtourhub that I am fit, competent, safe, seaworthy, or insured, and it does not shift any liability from me to Fishtourhub. I remain solely responsible for maintaining all credentials and for the safety and legality of every trip.

Trademarks & Ownership. The Fishtourhub name, logo, hub names, and all platform content and code are owned by FishTourHub LLC and protected by copyright and trademark law. The Fishtourhub name and logo are claimed as trademarks and are currently pending U.S. trademark registration review; until registration issues they are used as common-law marks. I will not use the Fishtourhub marks to imply endorsement of any business other than my listed charter, and I will not copy, scrape, or republish platform trips, customer data, or content for any purpose outside my authorized use of the marketplace.