Benefit Airship LLC – Employer Partner Agreement

This Employer Partner Agreement (“Agreement”) is entered into by and between Benefit Airship, LLC (“Benefit Airship,” “we,” “our,” or “us”) and the participating employer (“Employer,” “you,” or “your”). By registering an employer account, accessing the employer portal, enrolling employees, or otherwise participating in any Benefit Airship program, the Employer agrees to be legally bound by this Agreement, the Benefit Airship Terms of Use, EULA, Privacy Policy, and any program-specific terms incorporated herein.

1. Purpose of Agreement

Benefit Airship aggregates, administers, and facilitates access to health, wellness, and insurance-related benefit programs on behalf of employers and their employees. Benefit Airship is not the insurer, carrier, fiduciary, employer plan administrator, or guarantor of any benefits offered.

Employer participation is entirely voluntary.

2. Employer Responsibilities & Legal Compliance

2.1 Accuracy of Information

The Employer is solely responsible for:

  • The accuracy, completeness, and legality of all information submitted to Benefit Airship, including company information, employee records, eligibility status, classifications, and payroll or tax data.

  • Ensuring that all employee elections are authorized and valid.

Benefit Airship is not responsible for verifying the accuracy of Employer-submitted information.

2.2 Compliance With Laws

The Employer is solely responsible for complying with all applicable federal, state, and local laws related to:

  • Offering, funding, or administering employee benefits

  • Employee eligibility

  • Health insurance regulations

  • ERISA, ACA, COBRA, HIPAA, IRS regulations, wage and hour laws, and all other benefit-related requirements

Benefit Airship does not provide legal, tax, or compliance advice and assumes no responsibility for Employer compliance failures.

2.3 Employer is Plan Sponsor

Unless otherwise stated in writing:

  • The Employer is the plan sponsor, responsible for all required notices, disclosures, tax reporting, and compliance obligations.

  • Benefit Airship is not a plan administrator, co-fiduciary, or employer agent.

3. Benefit Programs

3.1 No Minimum Participation

Unless a specific benefit provider requires otherwise, programs may be offered with no minimum participation and may be voluntary, partially sponsored, or fully sponsored at the Employer’s discretion.

3.2 Program Modifications

Benefit Airship may, at its sole and reasonable discretion:

  • Add, modify, suspend, or discontinue benefits

  • Replace underperforming or non-compliant service providers

  • Update program features or service levels

Benefit Airship will provide reasonable notice when feasible.

4. Billing, Fees & Payment Obligations

4.1 Consolidated Billing

All Employer-sponsored, stipend-based, and voluntary (employer-paid) benefit elections are aggregated into a monthly bill payable by ACH or credit card.

4.2 Employer Payment Obligations

The Employer agrees to:

  • Pay all charges associated with employee elections submitted under its account

  • Maintain an active payment method

  • Pay for any active enrollment that has not been canceled by the deadline

  • Pay any applicable taxes, service fees, or surcharges

Failure to maintain active payment information may result in suspension or termination of benefits.

4.3 Member-Paid Benefits

Where employees pay directly:

  • The employee is responsible for payment

  • The Employer has no obligation for those charges

4.4 Price Changes

Pricing may change based on carrier rates, provider contracts, regulatory requirements, taxes, service fees, or Benefit Airship pricing updates. Benefit Airship will provide notice as required.

5. Enrollment, Cancellations & Refunds

5.1 Enrollment Deadlines

Benefit elections must be submitted through the Employer portal by 4:00 PM PST on the 15th of each month (or the prior business day if the 24th falls on a weekend or holiday) to take effect on the 1st of the following month.

5.2 Cancellation Deadlines

  • Cancellation requests received by the monthly deadline take effect the following month.

  • Requests received after the deadline take effect at the end of the next month.

  • The Employer is responsible for payment for all months in which an enrollment is active.

5.3 Refund Policy

No refunds—full or partial—are provided for any active month or for any month in which enrollment was active past the cancellation deadline.

5.4 Business Cancellation

Employers may cancel their participation with 30 days’ written notice.
 The Employer remains financially responsible for:

  • All active elections through the end of the month

  • All charges incurred for the subsequent month when the cancellation request occurs after the monthly cutoff

6. Data, Privacy & Security

6.1 Confidential Data

The Employer agrees to the Benefit Airship Terms of Use, EULA, and Privacy Policy.
 Benefit Airship does not sell or resell employer or member data.

6.2 Data Transfers

Employer authorizes Benefit Airship to:

  • Transmit Employer-submitted data to carriers, service providers, and administrators

  • Share necessary information to process enrollments, billing, eligibility, customer service, or claims support

Benefit Airship is not responsible for:

  • Errors in Employer-provided data

  • Delays, rejections, or financial consequences resulting from inaccurate information

6.3 HIPAA

To the extent Benefit Airship handles PHI on behalf of a covered entity, such use is governed by applicable HIPAA-compliant agreements. Benefit Airship is not responsible for Employer HIPAA compliance obligations.

7. Limitations of Liability

To the fullest extent permitted by law:

7.1 No Liability for Employer or Employee Actions

Benefit Airship is not liable for:

  • Employer compliance failures

  • Incorrect or incomplete data submitted by Employer

  • Eligibility disputes

  • Employee terminations, payroll adjustments, or HR actions

  • Employee dissatisfaction or employment-related claims

7.2 No Liability for Third-Party Providers

Benefit Airship is not responsible for:

  • Carrier or provider decisions

  • Claims determinations

  • Service availability, errors, omissions, or delays by third parties

7.3 Maximum Liability

Benefit Airship’s total aggregate liability shall not exceed:

The total fees paid by Employer to Benefit Airship in the 90 days preceding the claim.

8. Indemnification

The Employer agrees to defend, indemnify, and hold harmless Benefit Airship, its affiliates, officers, employees, and partners from any claims, losses, damages, penalties, costs, attorney fees, or liabilities arising out of or related to:

  • Employer’s breach of this Agreement

  • Employer’s violation of laws or regulations

  • Inaccurate or incomplete data provided

  • Employment-related disputes

  • Unauthorized benefit elections

  • Employee or third-party claims related to benefit offerings

This indemnification survives termination of the Agreement.

9. Membership Requirement

Employer acknowledges that participating employees must become members of The Excepted and Non-Medical Benefit Plan Trust #1, as required for access to certain benefit programs.

10. Term & Termination

This Agreement continues until terminated by either party in accordance with these terms.
 Benefit Airship may suspend or terminate Employer access for:

  • Non-payment

  • Fraud or misuse

  • Submission of inaccurate data

  • Regulatory requirements

  • Risk, compliance, or operational concerns

11. Broker of Record

11.1 Benefit Airship as Broker of Record

For all insurance products, level-funded plans, self-funded plans, MEC/MVP plans, stop-loss insurance, ancillary insurance, and any other regulated insurance benefits offered through Benefit Airship (collectively, “Insurance Programs”), the Employer hereby designates Benefit Airship, LLC (and its designated licensed agents or affiliated agencies) as the exclusive Broker of Record (“BOR”).

This designation applies to all:

  • Employee enrollments

  • Employer-sponsored insurance plans

  • Renewals and continuation of coverage

  • Communications with carriers, TPAs, stop-loss providers, administrators, and underwriters

  • Commissions, overrides, and service fees associated with Insurance Programs

11.2 Authorization to Represent Employer

Employer authorizes Benefit Airship to:

  • Communicate directly with insurance carriers, TPAs, underwriters, and administrators

  • Access enrollment data necessary for plan setup and administration

  • Submit and receive BOR forms, group applications, renewals, and plan changes

  • Request plan pricing, census requirements, and eligibility information

  • Receive all broker compensation associated with any Insurance Program offered through Benefit Airship

11.3 No Fiduciary or ERISA Plan Administrator Role

This BOR designation does not create:

  • A fiduciary obligation

  • An ERISA plan administrator role

  • Any responsibility for claims adjudication

  • Responsibility for employer compliance with ACA, ERISA, COBRA, HIPAA, IRS, or any other benefit-related regulation

Benefit Airship’s role is limited to acting as the broker/producer for the applicable Insurance Programs and facilitating access to benefit options.

11.4 Employer Responsibilities

The Employer remains solely responsible for:

  • Compliance with all benefits-related laws and regulations

  • Accuracy of enrollment and eligibility data

  • Delivery of legally required notices

  • Funding employer-sponsored benefits

  • Payment of premiums, contributions, and fees

Benefit Airship is not responsible for employer compliance failures, data errors, employee disputes, or claims outcomes.

11.5 Removal of Broker of Record

If the Employer wishes to terminate Benefit Airship as Broker of Record:

  • Employer must submit all required BOR documentation to the applicable carrier(s)

  • Such removal does not terminate this Agreement or the Employer’s financial obligations already incurred

  • Any insurance compensation earned prior to removal remains payable to Benefit Airship

  • Termination as BOR does not result in refunds of premiums or fees

Benefit Airship reserves the right to discontinue access to Insurance Programs if removed as BOR.

11.6 Third-Party Brokers

No third-party broker, agent, consultant, or advisor may:

  • Access Benefit Airship systems

  • Submit BOR changes on the Employer’s behalf

  • Interfere in the administration of Insurance Programs delivered through Benefit Airship

Any attempt to circumvent or bypass Benefit Airship’s broker role may result in suspension or termination of the Employer’s participation in Insurance Programs.