Supplier & Experience Provider Terms
Introduction
This Supplier & Experience Provider Terms (the "Agreement") is entered into by and between Mbuya Gallery LLC, d/b/a "FAMBUL GLOBAL," a limited liability company organized under the laws of the State of New York (together with its affiliates, "FAMBUL GLOBAL", "we," "our," or "us"), and the individual or entity accepting this Agreement ("Supplier," "you," or "your"). Supplier's account and public-facing profile may be labeled "Experience Provider" on the Platform; that label refers to the same party defined here as Supplier and does not create a separate role or status. All defined terms used in this Agreement have the meanings set out below.
By creating a Supplier account, listing an Experience, or accepting a Guest booking through the Platform, Supplier agrees to be bound by this Agreement, the attached Terms and Conditions, and all Attachments, each of which is incorporated into this Agreement by reference. If Supplier is entering into this Agreement on behalf of a company or other organization, Supplier represents that it has authority to bind that organization, in which case "Supplier" refers to that organization.
Overview
Supplier agrees to offer authentic African cultural, culinary, artistic, wellness, and lifestyle experiences and related services (each, an "Experience", collectively "Experiences") for listing and distribution through FAMBUL GLOBAL's marketplace, mobile applications, website, and any affiliated or partner channels (collectively, the "Platform"), for discovery and booking by end users of the Platform (each, a "Guest"). FAMBUL GLOBAL is an experience marketplace, not a travel agency, and Experiences are made available to local residents and travelers alike on equal terms.
Currency
All amounts referenced in this Agreement are expressed in the currency selected by Supplier during account registration, or in United States Dollars where no selection has been made.
Term / Termination
This Agreement takes effect on the date Supplier accepts it (the "Effective Date") and continues until terminated in accordance with this Section (the "Term").
Either party may terminate this Agreement:
- Upon thirty (30) days' written notice to the other party;
- Immediately upon written notice if the other party commits an incurable breach, or fails to cure a curable breach within fifteen (15) days after receiving written notice describing the breach; or
- Immediately if the other party becomes insolvent, files for bankruptcy, or ceases to operate in the ordinary course of business.
In addition to termination, FAMBUL GLOBAL may, at its discretion, temporarily suspend, remove, or restrict Supplier's account or any Experience listing ("Deactivation") as an interim or precautionary measure, without terminating this Agreement, where FAMBUL GLOBAL reasonably believes that continued availability of the account or listing could expose Guests, Suppliers, FAMBUL GLOBAL, or the Platform to legal, safety, fraud, reputational, or operational risk, or otherwise in connection with a suspected breach of this Agreement. References to "termination" in this Agreement include Deactivation where the context reasonably requires.
Upon termination or expiration, Supplier must still honor and fulfill any Experience bookings confirmed before the termination date, unless FAMBUL GLOBAL instructs otherwise. FAMBUL GLOBAL may cancel pending bookings where it reasonably believes doing so is in Guests' best interests. On termination, Supplier's access to FAMBUL GLOBAL's technology and systems ends immediately, and Supplier's Experiences will be removed from the Platform.
Attachments
The following attachments are incorporated into and form part of this Agreement:
- Payment Terms
- Operational Procedures & Platform Use
- Insurance Requirements
The parties may agree to additional written attachments during the Term; once signed by an authorized representative of each party, such attachments are incorporated by reference and governed by this Agreement's terms.
Notices
Unless this Agreement says otherwise, notices under this Agreement will be given by email. Notices to FAMBUL GLOBAL must be sent to admin@fambulglobal.com, and notices to Supplier will be sent to the email address Supplier provided during registration. Notices are deemed given when sent, provided the sending party has no actual knowledge that the email failed to deliver.
Terms & Conditions
Rates, Fees, Payments
For each Experience, Supplier will set the price displayed to and paid by Guests (the "Listed Price"). FAMBUL GLOBAL will deduct a service fee calculated as a percentage of the Listed Price (the "Platform Fee") from each booking. The amount remaining after deduction of the Platform Fee is the "Supplier Payout" for that booking.
Platform Fees may vary by Experience category, promotional program, payment method, jurisdiction, or other commercially reasonable factor, and FAMBUL GLOBAL may offer different Suppliers different Platform Fee structures. FAMBUL GLOBAL's then-current Platform Fee applicable to Supplier will be made available to Supplier through the Platform or Supplier's account settings, and may be updated in accordance with the Changes to the Agreement section below.
Supplier is solely responsible for determining and remitting any taxes owed on its own income from Experiences, including value-added tax, sales tax, and any local tourism, hospitality, or cultural-activity levies applicable in the jurisdiction(s) where the Experience takes place ("Taxes").
Supplier may not use the Platform to process payments or transfer funds with a Guest outside the context of an actual Experience booking, and may not engage in payment fraud of any kind. If FAMBUL GLOBAL reasonably believes Supplier has engaged in payment fraud or is generating an excessive rate of chargebacks, FAMBUL GLOBAL may withhold payments, suspend Supplier's account, and/or terminate this Agreement. Supplier is responsible for chargebacks relating to its own Experiences.
FAMBUL GLOBAL will pay Supplier in accordance with the schedule and method set out in Attachment 1, and may deduct or offset amounts Supplier owes FAMBUL GLOBAL against amounts otherwise payable to Supplier.
Experiences; Availability
Each Experience and its listing must meet FAMBUL GLOBAL's published Experience Quality Standards (as may be updated from time to time and made available to Supplier through the Platform). Supplier will comply with the Experience Quality Standards. FAMBUL GLOBAL may decline to list, or may remove, any Experience that does not meet these standards.
Supplier will keep its Experience calendar, capacity, and pricing accurate and current on the Platform at all times, and will follow the operational procedures in Attachment 2 for accepting, confirming, and fulfilling bookings.
If Supplier changes or cancels an Experience after a Guest has booked it but before the Guest has begun receiving it, Supplier must offer the Guest a comparable or better alternative, or otherwise resolve the matter to the Guest's reasonable satisfaction. If the Guest cannot be reasonably accommodated, the Guest may cancel and receive a refund, and Supplier will not be owed the Supplier Payout for that booking.
Guest Cancellations
Guests must cancel bookings through the Platform, within the cancellation window shown at the time of booking. FAMBUL GLOBAL is not obligated to refund a Guest who fails to cancel within that window. Where a Guest cancels due to a genuine Force Majeure Event (as described in the Force Majeure section) and provides sufficient supporting evidence, FAMBUL GLOBAL may waive the Supplier Payout owed to Supplier for that booking.
Experience Disruptions; Refund Eligibility
A Guest is eligible for a full or partial refund if their Experience is disrupted by any of the following ("Covered Issues"):
- Supplier cancels the Experience, other than because of a disruption caused by the Guest (for example, the Guest's refusal to follow safety instructions);
- Supplier is more than fifteen (15) minutes late to the Experience, or does not show up at all;
- the Experience delivered differs substantially from what was advertised or agreed with the Guest (for example, inaccurate meeting-point information or omission of a key advertised element);
- Supplier is not prepared to deliver the Experience (for example, an inappropriate venue, or missing or non-functioning equipment); or
- Supplier damages a venue or property provided by the Guest.
If Supplier cancels a confirmed booking for any reason other than a Guest-caused disruption, the Guest automatically receives a full refund. For any other Covered Issue, the Guest should first attempt to resolve the matter directly with Supplier; if unresolved, the Guest may submit a refund request to FAMBUL GLOBAL no later than seventy-two (72) hours after the Covered Issue occurs, supported by reasonable evidence (such as photos or messages), which FAMBUL GLOBAL will use to determine whether a Covered Issue occurred. FAMBUL GLOBAL may accept a late report where timely reporting was not reasonably feasible for the Guest.
FAMBUL GLOBAL will determine the refund amount based on the severity of the Covered Issue and its impact on the Guest, and may reduce any further refund to reflect an amount Supplier has already refunded the Guest directly. Where FAMBUL GLOBAL determines that Supplier caused or is responsible for a Covered Issue, Supplier will not receive a payout for the affected booking, or Supplier's payout will be reduced by the refunded amount, as applicable.
FAMBUL GLOBAL will generally attempt to confirm a reported Covered Issue with Supplier before making a refund decision, and Supplier may dispute a Guest's claim by responding through the Platform or contacting FAMBUL GLOBAL directly. Submitting a knowingly false report of a Covered Issue is a breach of this Agreement and may result in account suspension or termination.
This Section applies to the maximum extent permitted by law, takes precedence over an Experience's individual cancellation policy where the two conflict, and is not insurance — no premium is paid by either party. FAMBUL GLOBAL's determination under this Section is binding as between FAMBUL GLOBAL and the parties for purposes of the refund decision itself, but does not waive or limit any other contractual or statutory right either Supplier or Guest may otherwise have, including the right to pursue other available remedies.
Guest Contact; Guest Service
Supplier will respond to Guest inquiries and complaints, including refund requests, in writing within seventy-two (72) hours of receipt. FAMBUL GLOBAL may respond to or resolve a Guest complaint directly, including by offering compensation, but will first attempt to discuss the matter with Supplier. If FAMBUL GLOBAL compensates a Guest in connection with a complaint, Supplier will not be owed the Supplier Payout for the related booking(s), and any amounts already paid to Supplier for that booking may be deducted from a future payment. Refunds arising from a Covered Issue under the Experience Disruptions; Refund Eligibility section are handled as described there.
After a booking is complete, Supplier may not contact the Guest for marketing or sales purposes without the Guest's separate, explicit permission, and may only use Guest contact details to fulfill the booked Experience or resolve a complaint.
Non-Circumvention
For twelve (12) months following a Guest's first booking of an Experience through the Platform, Supplier will not solicit, encourage, or facilitate that Guest to book directly with Supplier, or through any channel other than the Platform, for a substantially similar Experience, in a manner intended to bypass the Platform and the Platform Fee.
This Section does not restrict Supplier from delivering an Experience to a Guest who independently and without solicitation by Supplier chooses to book outside the Platform, provided Supplier has not encouraged or facilitated that choice. This Section is in addition to, and does not limit, Supplier's obligations under the Guest Contact; Guest Service section regarding post-booking marketing contact. A material or repeated breach of this Section is grounds for immediate termination under the Term; Termination section above.
Insurance
Supplier will maintain the insurance coverage described in Attachment 3.
Emergency Cooperation
In the event of an accident, injury, illness, property damage, law enforcement involvement, or other emergency arising during or in connection with an Experience, Supplier will: (a) take reasonable steps to protect the health and safety of Guests and others present; (b) notify FAMBUL GLOBAL as promptly as reasonably possible; and (c) fully cooperate with FAMBUL GLOBAL, law enforcement, insurers, and any other party reasonably involved in responding to or investigating the incident, including by providing timely and accurate information.
Supplier will also cooperate in good faith with FAMBUL GLOBAL's investigation and resolution of any Guest complaint, whether or not the complaint relates to a Covered Issue under the Experience Disruptions; Refund Eligibility section.
Platform Channels; Rankings; Reviews
FAMBUL GLOBAL has sole discretion over which channels an Experience is distributed through and how it is presented. Ranking and visibility within the Platform may be influenced by factors such as listing quality and completeness, Guest reviews and ratings, booking history, and Guest preferences; current ranking factors will be made available through the Platform and may change over time. FAMBUL GLOBAL may operate optional programs that reward high-performing or high-quality Suppliers with additional visibility.
Guests may submit ratings and reviews of an Experience following a booking. FAMBUL GLOBAL may display, moderate, remove, or respond to reviews in accordance with its published policies, and Supplier acknowledges that FAMBUL GLOBAL has sole discretion over the operation of any review system on the Platform.
Supplier Content and Materials
Supplier grants FAMBUL GLOBAL a non-exclusive, worldwide, royalty-free, sublicensable license to use, reproduce, adapt, and publicly display any text, photos, video, or other materials Supplier submits ("Supplier Content") for the purpose of listing, marketing, and promoting Supplier's Experiences and the Platform generally. FAMBUL GLOBAL will not use Supplier Content to promote a directly competing marketplace's listings.
Supplier represents that it owns or has sufficient rights to grant this license, that Supplier Content is accurate and not misleading, and that Supplier Content does not infringe any third party's intellectual property or privacy rights. FAMBUL GLOBAL will own any derivative works it creates from Supplier Content for Platform purposes, while Supplier retains ownership of its underlying original Supplier Content.
Supplier further authorizes FAMBUL GLOBAL to use, in the same manner as Supplier Content, photographs, video, or audio recordings taken during an Experience that include Supplier's own image, voice, or likeness, for the purpose of promoting the Platform and Supplier's Experiences. FAMBUL GLOBAL will take reasonable steps to respect the privacy of any Guest who appears in such materials and will not use identifiable Guest imagery for marketing without the Guest's separate consent obtained under FAMBUL GLOBAL's Guest-facing terms.
Agency Appointment
Supplier appoints FAMBUL GLOBAL (and, where applicable, its payment processing partner) as its limited payment collection agent solely for the purpose of collecting payment from Guests for bookings made through the Platform. A Guest's payment to FAMBUL GLOBAL is treated as payment to Supplier, and Supplier will provide the Experience as if it had received the Guest's payment directly.
FAMBUL GLOBAL's obligation to pay Supplier is conditioned on FAMBUL GLOBAL successfully receiving the corresponding payment from the Guest. FAMBUL GLOBAL is not liable to Supplier for amounts not actually received from a Guest, or for amounts later reversed through a chargeback.
In markets where required by law or platform structure, Supplier additionally authorizes FAMBUL GLOBAL to act as its general sales agent for the limited purpose of concluding the booking contract between Supplier and the Guest, on the standard Guest-facing terms of sale published on the Platform.
Supplier Conduct; Subcontractors
Supplier may be an individual acting in their own capacity or a registered business entity. Where Supplier is an individual, Supplier represents that they are at least the age of majority in their jurisdiction of residence and are legally permitted to offer the Experience in question in an individual capacity. Where Supplier is a registered business entity, Supplier represents that it is validly formed and in good standing under the laws of its jurisdiction of organization.
Supplier represents and warrants that it holds all licenses, permits, and registrations required to operate and offer its Experiences, whether Supplier operates as an individual or as a registered business; that it will deliver Experiences professionally, safely, and in good faith, consistent with practices reasonable for the type of activity offered; and that it will comply with all applicable laws, including health and safety, consumer protection, and data privacy laws in each jurisdiction where it operates.
Without limiting the foregoing, and where applicable to the Experience offered, Supplier's compliance obligations include, among others:
- Accessibility laws and reasonable accommodation of Guests with disabilities;
- Consumer protection laws applicable to the sale and delivery of the Experience;
- Local tourism, guiding, or cultural-heritage-site regulations;
- Food handling, preparation, and safety regulations, where an Experience involves food or beverages; and
- Transportation and vehicle-safety regulations, where an Experience involves transporting Guests.
Supplier will comply with FAMBUL GLOBAL's Supplier Code of Conduct (as published and updated on the Platform). FAMBUL GLOBAL may verify Supplier's identity and the existence of an Experience, including through third-party verification providers.
Supplier may not subcontract delivery of an Experience without FAMBUL GLOBAL's prior written consent; where consent is given, Supplier remains fully responsible for the subcontractor's compliance with this Agreement. Material or repeated breach of this Section by Supplier is grounds for immediate termination.
Publicity; Trademarks
Supplier grants FAMBUL GLOBAL the right to display Supplier's name, logo, and any Experience-related trademarks solely to advertise and promote Supplier's Experiences and the Platform. Neither party will issue a public statement about this Agreement or the parties' relationship without the other party's prior written consent, except that FAMBUL GLOBAL may reference Supplier as one of a number of Suppliers on the Platform in general marketing materials.
Confidentiality
Information either party discloses to the other that is marked confidential, or that would reasonably be understood as confidential given the circumstances — including Listed Prices, Platform Fees, payment amounts, and the terms of this Agreement ("Confidential Information") — will be protected using reasonable safeguards at least as protective as those the receiving party uses for its own confidential information, used only to perform this Agreement, and not disclosed to third parties except as necessary to operate the Platform. Standard exceptions apply for information that is public, independently developed, or rightfully received from a third party without restriction.
Privacy
Supplier will comply with applicable data privacy laws and FAMBUL GLOBAL's published Privacy Policy with respect to any Guest personal data ("Guest Information") it receives. Supplier will use Guest Information solely to fulfill the applicable booking, will implement reasonable technical and administrative safeguards to protect it, and will not send unsolicited marketing communications to Guests.
Without limiting the foregoing, Supplier will not: (a) create or maintain a marketing database or contact list built from Guest Information; (b) sell Guest Information to any third party; (c) transfer or disclose Guest Information to any third party, other than a subcontractor engaged in accordance with the Supplier Conduct; Subcontractors section and bound by confidentiality and data protection obligations at least as protective as this Agreement; or (d) download, export, or retain Guest lists or Guest Information beyond what is reasonably necessary to fulfill the applicable booking.
Data
During the Term, Supplier may access data related to its own account, bookings, and Guest interactions generated through the Platform. Supplier may use this data solely for its own internal business purposes. FAMBUL GLOBAL may use and retain Platform data, including in aggregated and de-identified form, during and after the Term, subject to its Privacy Policy and applicable law.
Mutual Representations; Disclaimer of Warranties
Each party represents that it has full authority to enter into this Agreement and that doing so does not conflict with any other obligation it has. Except as expressly stated in this Agreement, the Platform and all related services and technology are provided "as is," and FAMBUL GLOBAL disclaims all other warranties, express or implied, including merchantability, fitness for a particular purpose, and non-infringement, to the maximum extent permitted by law.
Limitation of Liability
To the maximum extent permitted by law, neither party will be liable to the other for indirect, incidental, special, consequential, or exemplary damages, or for lost profits or lost revenue, arising out of this Agreement, even if advised of the possibility of such damages.
FAMBUL GLOBAL's total liability to Supplier for direct damages under this Agreement is limited to the aggregate Supplier Payout amounts paid to Supplier in the three (3) months immediately preceding the event giving rise to the claim. This limitation does not apply to Supplier's breach of the Insurance, Supplier Content and Materials, Agency Appointment, Supplier Conduct; Subcontractors, or Confidentiality; Privacy; Data sections, or Supplier's indemnification obligations under the Indemnification section.
The parties agree that these limitations reflect a reasonable allocation of risk and are a material basis of the parties' agreement to enter into this Agreement.
Indemnification
Supplier will indemnify, defend, and hold harmless FAMBUL GLOBAL, its affiliates, and their respective officers, directors, employees, and agents from third-party claims, losses, liabilities, damages, and reasonable costs (including attorneys' fees) arising from: (a) Supplier's operations, Experiences, or delivery of Experiences to Guests; (b) Supplier Content or Supplier's trademarks; (c) Supplier's breach of this Agreement, including its representations and warranties; or (d) Taxes arising from the sale of Supplier's Experiences.
FAMBUL GLOBAL will give Supplier prompt written notice of any indemnified claim and, if requesting Supplier to defend the claim, reasonable cooperation; Supplier may assume control of the defense (subject to FAMBUL GLOBAL's reasonable approval of counsel), and neither party will settle a claim without the other's consent, not to be unreasonably withheld.
Force Majeure
Neither party is liable for delay or failure to perform its obligations under this Agreement to the extent caused by events beyond its reasonable control, including natural disasters, fire, flood, war, civil unrest, acts of terrorism, epidemic or public health emergency, or widespread technical or power failures (each, a "Force Majeure Event"). The affected party is excused from performance for so long as the Force Majeure Event continues.
Changes to the Agreement
FAMBUL GLOBAL may update this Agreement (including any Attachment) on at least fifteen (15) days' notice, delivered by email, through the Platform, or other reasonable means. If Supplier objects, Supplier may terminate this Agreement by written notice before the changes take effect; otherwise, continued use of the Platform after that date constitutes acceptance of the revised Agreement. Outside of this process, changes to this Agreement require a signed written amendment.
Complaints; Disputes; Governing Law
Any dispute arising out of this Agreement will first be addressed through FAMBUL GLOBAL's internal complaints process — Supplier should notify FAMBUL GLOBAL in writing, and FAMBUL GLOBAL will investigate and respond within a reasonable time.
This Agreement is governed by the laws of the State of New York, without regard to conflict-of-law principles, and the parties consent to the exclusive jurisdiction of the courts located in New York, New York for any dispute not resolved informally.
Anti-Corruption
Supplier will not make, offer, or authorize any improper payment or thing of value to a government official, political party, or candidate in connection with its performance under this Agreement, and will comply with applicable anti-corruption and anti-bribery laws, including the U.S. Foreign Corrupt Practices Act and equivalent local laws. FAMBUL GLOBAL may request written certification of compliance from Supplier.
General
Entire Agreement
This Agreement, including all Attachments, the Supplier Code of Conduct, the Experience Quality Standards, and the Privacy Policy, constitutes the entire agreement between the parties on this subject and supersedes all prior discussions or agreements on the same subject.
Waiver
A party's failure to enforce a provision is not a waiver of that provision or of any later breach.
Assignment
FAMBUL GLOBAL may assign this Agreement, including in connection with a merger, acquisition, or sale of assets. Supplier may not assign this Agreement without FAMBUL GLOBAL's prior written consent.
Relationship of the Parties
The parties are independent contractors. Nothing in this Agreement creates a partnership, joint venture, or employment relationship.
Severability
If a provision of this Agreement is found unenforceable, the remainder of the Agreement remains in effect, and the parties will work to replace the unenforceable provision with an enforceable one that reflects the original intent.
Survival
The Experience Disruptions; Refund Eligibility, Non-Circumvention (for its stated 12-month duration), Supplier Conduct; Subcontractors, Confidentiality; Privacy; Data, Mutual Representations; Disclaimer of Warranties, Limitation of Liability, Indemnification, Complaints; Disputes; Governing Law, and General sections survive termination or expiration of this Agreement.
Attachments
Attachment 1 — Payment Terms
On a monthly basis, FAMBUL GLOBAL will pay Supplier an amount equal to the sum of the Supplier Payout for each Experience delivered during the relevant settlement period, less any adjustments for cancellations, refunds, or amounts owed to FAMBUL GLOBAL ("Supplier Remittance").
Payment will be made by Electronic Funds Transfer (EFT) within twenty-one (21) business days after the end of the applicable settlement period, consistent with the payout timing of FAMBUL GLOBAL's designated payment processor (for example, if payments are processed through Stripe Connect, the applicable payout schedule and funds-availability timeline for the relevant country would govern how quickly Supplier Remittance funds become available for payout). FAMBUL GLOBAL may withhold payment where the Supplier Remittance falls below a minimum threshold of US$50 until that threshold is met.
Supplier must report any billing discrepancy in writing within forty-five (45) days of the date the Experience was delivered, or thirty (30) days after receiving the relevant remittance statement, whichever is later. Claims raised after this window will be addressed at FAMBUL GLOBAL's discretion.
Supplier will not send invoices to FAMBUL GLOBAL unless specifically requested. FAMBUL GLOBAL will provide a remittance statement identifying each booking included in a given payment.
Attachment 2 — Operational Procedures & Platform Use
Booking Confirmation
Experiences are offered on an "Instant Confirmation" basis by default, meaning Supplier authorizes FAMBUL GLOBAL to confirm bookings automatically once a Guest completes checkout. Where Instant Confirmation is not practical for a given Experience, the parties may agree that it is offered on an "On Request" basis, in which case Supplier must accept or decline a booking request within forty-eight (48) hours of the request being made.
Supplier is responsible for keeping its calendar and availability accurate through the Platform at all times. A booking that Supplier does not decline through the Platform interface within the applicable window is deemed accepted. Changes, Cancellations & Updates Supplier will notify FAMBUL GLOBAL of any change to an Experience (schedule, itinerary, pricing, or availability) as far in advance as reasonably possible, and immediately upon becoming aware of any change that affects an already-confirmed booking.
Cancellation Policy Parity
Supplier's cancellation policy for Guests booking through the Platform may not be more restrictive than the cancellation policy Supplier applies to bookings made directly with Supplier or through any other channel.
Guest Contact
Where Supplier needs to contact a Guest in connection with a booking, Supplier should use the messaging tools made available through the Platform, unless FAMBUL GLOBAL agrees otherwise.
Booking Confirmation / Vouchers Supplier will accept an electronic booking confirmation as sufficient proof of purchase for each Experience booked through the Platform, unless FAMBUL GLOBAL agrees to an alternative arrangement.
Use of Platform Technology Supplier's use of the Platform, including any associated apps, dashboards, or APIs, is conditioned on compliance with this Agreement. Supplier may not copy, reverse-engineer, resell, or create derivative works from FAMBUL GLOBAL's technology, or use it for any purpose beyond operating its own Experiences on the Platform.
Restrictions Supplier may not scrape, systematically extract, or republish data, reviews, or content from the Platform, and may not publicly display Platform content on its own website or channels, other than its own Supplier Content.
Attachment 3 — Insurance Requirements
Where required by FAMBUL GLOBAL based on the nature of the Experience offered, Supplier will maintain public/general liability insurance and, where applicable, errors-and-omissions coverage, with coverage limits consistent with industry norms for the relevant activity type and jurisdiction, through an insurer with a sound financial rating.
On request, Supplier will add FAMBUL GLOBAL as an additional insured and provide a certificate of insurance. FAMBUL GLOBAL reserves the right to require additional or different coverage based on the type of Experience offered, or to waive this requirement for lower-risk Experience categories.
If Supplier fails to maintain required coverage and does not cure within fifteen (15) days of written notice, FAMBUL GLOBAL may Deactivate Supplier's account or terminate this Agreement.
Effect
This Agreement is incorporated by reference into, and forms part of, the Experience Provider Agreement between Mbuya Gallery LLC, d/b/a FAMBUL GLOBAL, and Supplier. This Agreement takes effect automatically upon Supplier's acceptance of that Experience Provider Agreement, in the same manner as the Supplier Code of Conduct and Experience Quality Standards, and does not require a separate signature.