The Club Cult is operated by AGENCY CULT SASU, a simplified joint-stock company incorporated under French law.
These Expert Terms govern the relationship between Agency Cult SASU and each Expert. They supplement the Terms of Use and the Membership Terms. An Expert is an independent professional. An Expert is not an employee, agent or partner of Agency Cult SASU. The Expert is the provider of the Service and the merchant of record for payment. Terms written with a capital letter have the meaning given in the Legal Definitions Master.
To offer Services and receive payment, an Expert completes onboarding to Stripe Connect, including identity verification. Stripe collects and verifies a government-issued identity document and bank details to meet anti-money-laundering obligations. The Expert warrants that the information provided is true and kept current.
The Expert maintains an accurate and current profile, including the description of Services, rates and availability. The Expert is responsible for the accuracy of everything published on the profile.
A Member books a Service through the Platform. The Service contract is between the Member and the Expert. The Expert delivers the Service as described and on the confirmed date, and notifies the Member promptly of any unavoidable change or cancellation. The payment, holding, release and dispute mechanics are set out in the Booking and Payment Terms.
A Booking is created when payment succeeds and only for a Service date within 90 days. A request for a date beyond 90 days may be accepted as a Reservation, which holds the date but creates no Service contract and no payment obligation, and which either party may release at no cost.
4.1 Cancellation. One cancellation rule applies to every Booking on the Platform. It is set by Agency Cult SASU, applied automatically by the Platform, and the Expert does not select, vary or interpret it.
A Member may cancel at any time before the Service is due to start and receives a 100 percent refund of the Service Fee. The Commission attributable to that Booking is returned and no payment processing fee is deducted from the Member. Once the Service is due to start, cancellation is no longer available to the Member.
The rule is displayed to the Member on the Expert profile, on the quote and on the payment screen, and is confirmed by the Member before payment.
The Expert may choose to offer a Member more than this rule requires. The Expert may never offer less, and may never offer less than French consumer law requires.
4.2 Non-provision, no-show and dispute. Where the Service was due to start and did not take place, or did not take place as agreed, including where the Expert did not attend or where the Member did not attend, the matter is determined through the dispute process set out in the Booking and Payment Terms. It is not settled automatically by either party. A no-show is a contested fact and is established through that process.
Opening a dispute freezes the payout on the Booking until Agency Cult SASU resolves it. Where a dispute finds that the Expert did not provide the Service, the Member receives a 100 percent refund of the Service Fee including the Commission, whatever the timing. Agency Cult SASU may take non-provision into account in the Expert standing.
4.3 Services with a deliverable. Where a Service produces a deliverable, the Expert states a delivery date on the quote. Failure to deliver by that date, after a short grace period, is treated as non-provision of the Service under the Cancellation and Refund Terms.
Agency Cult SASU charges a Commission of 20 percent of the Service Fee for a freelance Expert, so the Expert net payout is 80 percent of the Service Fee. For an agency-represented Expert the Commission is 10 percent and the Expert receives 90 percent of the Service Fee through the platform payout; any fee owed by the Expert to their agency is handled separately between the Expert and the agency, outside the Platform. The Commission is calculated on the TTC (VAT-inclusive) Service Fee and deducted through Stripe Connect at the moment of charge. Full terms, including VAT treatment and invoicing, are set out in the Booking and Payment Terms. This Commission disclosure is made in accordance with Article 6 of the P2B Regulation.
The Commission is earned when the Expert payout is released under the Booking and Payment Terms. Where a Booking is refunded before release, the Commission attributable to the refunded part is returned. Once released, the Commission is not returned. As merchant of record the Expert bears the payment processing fees charged by Stripe, which are not returned by Stripe when a payment is refunded, and any dispute fee.
5.1 Payout configuration. The Expert authorises Agency Cult SASU to configure the payout settings on the Expert Stripe connected account, including setting the payout schedule to manual, and to initiate payouts on the Expert behalf in accordance with the Booking and Payment Terms. Funds are held in the Expert own Stripe account at all times. Agency Cult SASU does not hold, receive or transmit them.
5.2 Recovery. The Expert authorises Agency Cult SASU to recover any amount owed by the Expert to Agency Cult SASU or to a Member, including a refund, a chargeback, a dispute amount or a dispute fee, by debit of the Expert connected account balance, by set-off against a future Expert payout, and by automatic debit of the registered external account where Stripe supports it. This is a right of Agency Cult SASU and not an undertaking to a Member.
5.3 Statement descriptor. Agency Cult SASU configures the statement descriptor on the Expert connected account so that a Member recognises the charge. The Expert shall not alter it.
The Expert agrees to:
The Expert treats as confidential the identity of any Member, the fact and detail of any Booking, and any personal or private information learned through the Platform or in the course of a Service. The Expert does not disclose, publish or use that information outside what is necessary to deliver the Service. Where a Booking is flagged as subject to a confidentiality arrangement, the Expert accepts the heightened discretion required. This obligation survives the end of the Expert Membership.
An Expert may authorise a Delegate, such as an agent or a personal assistant, or an agency, to manage the Expert profile, bookings or payments on the Expert behalf. The Expert remains fully responsible for everything done under the account by a Delegate and for ensuring the Delegate complies with these Expert Terms. An agency that manages an Expert does so under the agency arrangement disclosed at onboarding, and the agency commission structure in section 5 applies.
Where a Member, Curator or Expert relationship originates through an introduction on the Platform, the Expert does not solicit or arrange that Service off the Platform in order to avoid the Commission. This does not restrict a pre-existing relationship that did not originate on the Platform.
For personal data of a Member that the Expert collects or processes to deliver a Service, the Expert acts as an independent data controller and complies with the GDPR and French data protection law. Agency Cult SASU processes personal data as described in the Privacy Policy.
Agency Cult SASU may suspend or terminate an Expert account for a serious or repeated breach of these Expert Terms, the Terms of Use or the Booking and Payment Terms, for fraud, for a credible safety or legal concern, or for conduct that harms a Member. Open Bookings and obligations that arose before termination survive.
The Expert is responsible and liable for the Services it provides. The Expert holds Agency Cult SASU harmless against any claim by a Member or a third party arising from the Services provided by the Expert, except to the extent the claim results from Agency Cult SASU own failure. Nothing in this section limits liability that cannot be limited under French law.
These Expert Terms apply for the duration of the Expert Membership. We give at least 30 days written notice before a change takes effect, in accordance with Article 3 of the P2B Regulation. Continued use after the effective date constitutes acceptance.
These Expert Terms are governed by French law. General contact hi@theclubcult.com. Legal and complaints legal@theclubcult.com. Agency Cult SASU, 44 Rue du Bac, 75007 Paris, France.