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REFERRAL AGREEMENT By submitting this form, you (the “Sitter”) agree that you are entering into this REFERRAL AGREEMENT (this “Agreement”) with The Sitter Tree, LLC, a Georgia limited liability company (the “Company”) as of the day and year of submission. RECITALS: WHEREAS, the Company desires to refer the Sitter for child and/or pet sitting services (the “Sitting Services”), from time to time; and WHEREAS, the parties hereto desire to enter into an agreement for the Company’s interaction with the Sitter on the terms and conditions contained in this Agreement; NOW, THEREFORE, in consideration of the premises, the mutual promises hereinafter contained, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties hereto hereby agree as follows: 1. Referrals. Subject to the terms and conditions of this Agreement, the Company hereby shall refer the Sitter to perform the Sitting Services set forth herein, and the Sitter hereby accepts the terms of this Agreement. 2. Independent Contractor. 2.1. THE SITTER AGREES AND ACKNOWLEDGES THAT SHE IS AN INDEPENDENT CONTRACTOR IN HER RELATIONSHIP WITH THE COMPANY AND THAT THIS AGREEMENT SHALL NOT RENDER THE SITTER AN EMPLOYEE, PARTNER, AGENT OF, OR JOINT VENTURER WITH THE COMPANY FOR ANY PURPOSE. 2.2. AT ALL TIMES DURING THE TERM OF THIS AGREEMENT, THE SITTER SHALL CONTROL THE MANNER AND MEANS BY WHICH THE SITTING SERVICES PROVIDED PURSUANT TO THIS AGREEMENT ARE ACHIEVED. 2.3. THE COMPANY SHALL NOT BE RESPONSIBLE FOR WITHHOLDING TAXES WITH RESPECT TO THE SITTER’S COMPENSATION FOR PERFORMING THE SITTING SERVICES. 2.4. THE SITTER IS NOT ENTITLED TO, AND SHALL HAVE NO CLAIM AGAINST THE COMPANY HEREUNDER OR OTHERWISE FOR VACATION PAY, SICK LEAVE, RETIREMENT BENEFITS, SOCIAL SECURITY, WORKER’S COMPENSATION, HEALTH OR DISABILITY BENEFITS, UNEMPLOYMENT INSURANCE BENEFITS, OR EMPLOYEE BENEFITS OF ANY KIND. 2.5. AT NO TIME DURING THE TERM OF THIS AGREEMENT SHALL THE COMPANY BE REQUIRED TO PROVIDE THE SITTER WITH A MINIMUM QUANTITY OF WORK HEREUNDER. SIMILARLY, THE SITTER SHALL NOT BE OBLIGATED TO ACCEPT ANY WORK OFFERED TO HER BY THE COMPANY UNDER THIS AGREEMENT AND SHALL BE FREE TO ACCEPT THE SAME OR SIMILAR WORK FROM COMPANIES OTHER THAN THE COMPANY. 2.6. THE SITTER DOES NOT HAVE ANY RIGHT, POWER OR AUTHORITY TO CREATE ANY CONTRACTS OR OBLIGATIONS, EITHER EXPRESS OR IMPLIED, ON BEHALF OF OR IN THE NAME OF THE COMPANY. 3. Compensation. The Sitter hereby agrees and acknowledges that the household for which she provides Sitting Services, and not the Company, is responsible for paying the Sitter for the Sitting Services. The schedule of fees that a household shall pay the Sitter for the Sitting Services is set forth on the Company’s website located at sittertree.com and such fees are subject to change in the Company’s sole discretion. 4. Referral Protocol. The protocol for accepting referrals from the Company (the “Referral Protocol”) as of the date of this Agreement is set forth on Exhibit A to this Agreement, which is attached hereto and incorporated herein by reference. The Referral Protocol may be revised, from time to time, in the Company’s sole discretion. a. Referral fees. The Sitter agrees that in order to receive job referrals from Company, the Sitter agrees to make payments into an account created and maintained by the Company (each, a “Sitter Account”) in advance for future job assignments. . Fees charged by the Company for referrals vary based upon the total wage payable to the sitter. The fee schedule is subject to change at any time in the Company’s sole discretion. Each job will cost the sitter 10% of the estimated wages as calculated at the time of the job request. Payments must be made through Stripe on the Company website (sittertree.com) The Sitter will forfeit her account balance if Sitter decides to no longer receive jobs from Company or if Company deems the Sitter is no longer fit to be referred for any reason. b. Termination fees. The Sitter agrees and acknowledges to pay a Termination Fee of $10 to Company for cancellations made within any amount of time after a job has been assigned to the Sitter. I agree the Company may reduce my Sitter account balance by $10 per cancellation. c. Late Termination fees. The Sitter agrees and acknowledges to pay a Late Termination Fee, in addition to a Sitter Fee, to Company for cancellations made within the specified amount of time prior to a job scheduled start time. I agree the Company may reduce my Sitter account balance, in addition to the set Sitter Fee for the job, according to the Termination Fee schedule below: i. $15 for cancellations made within five (5) hours of Sitter’s scheduled arrival time. ii. $25 for cancellations made within three (3) hours of Sitter's scheduled arrival time. iii. $35 for cancellations made after a Sitter's scheduled arrival time. d. Late Arrival fees. The Sitter agrees and acknowledges to pay a Late Arrival Fee in the amount of $5, in addition to a Sitter Fee, to Company for any arrival after the scheduled start time of any job. I agree the Company may reduce my Sitter account balance, in addition to the set Sitter Fee for the job. The Sitter agrees that If there is an insufficient amount in my account to cover any fee, the account will be reduced to a deficit and I will be responsible to make a deposit to my account in order to be receive future job assignments. 5. Administration of Medication. The Sitter hereby agrees and acknowledges that the Company does not authorize the Sitter to administer medication to any person or pet. The Sitter agrees to indemnify, save and hold harmless from any loss, liability, attorney fees, damage or cost that the Company may incur arising out of, or related to, the administration of any medication to any person or pet by the Sitter. 6. Driving. The Sitter hereby agrees and acknowledges that the Company shall not provide her with insurance coverage related to the transportation, by any vehicle, of any persons or pets related to the Sitter’s performance of the Sitting Services hereunder. The Sitter hereby agrees to indemnify, save and hold harmless the Company from and against any loss, liability, attorney fees, damage or costs that the Company may incur arising out of, or related to, the Sitter’s transportation of any person or pet in any vehicle in the course of performing the Sitting Services. 7. Non-circumvention. The Sitter hereby agrees to schedule Sitting Services only through the Company’s Referral Protocol. The Sitter hereby agrees not to directly contact families met through the Company or its website, including families referred to by the Company’s members. In the event that the Sitter violates the provisions of this Section 7, the Sitter hereby authorizes the Company to charge her credit card a $100 fee for each such violation. 8. No photographing or videoing. In accordance with a child's right to privacy, Sitter agrees not to photograph or video any child assigned to her care by Company. Such action will result in immediate termination and forfeit of any balance in Sitter's account with Company. 9. Expenses. During the term of this Agreement, the Sitter shall be solely responsible for all expenses which are incurred in connection with the performance of the Sitter’s Sitting services. More so, Sitter is responsible for any personal items (phone, ipad, laptop, etc.) brought to a job. Neither Company nor any family is responsible to reimburse Sitter for any loss or damages to items brought to a job. 10. Authority; No Conflicts of Interest. The Sitter represents and warrants that she has the authority to enter into this Agreement. The Sitter also represents and warrants that she is free to enter into this Agreement, and that this engagement does not violate the terms of any agreement between the Sitter and any third party. 11. Confidential Information. Sitter understands the importance of preserving the confidential nature of the information of Company. This includes, but is not limited to, Company data and records relative to business interests, client information, confidential child information, insider information, trade secrets, website functionality, and know‐how. This also includes information wherein Company has an obligation of confidentiality to a third party and information concerning any child, co‐worker, independent contractor, associate, volunteer or workforce member. Sitter understands the necessity that such information not be compromised or disclosed for any reason other than necessary business needs. 12. Sitter is also aware and fully understands that any violation of this Confidential Information Agreement is grounds for corrective action, up to and including immediate termination, related contract or agreement between Company or related organizations by which Sitter is bound. 13. Sitter acknowledges that any breach of this Agreement by Sitter will result in irreparable harm to Company and that money damages will be inadequate and difficult to measure. Therefore, in addition to any other remedy at law or equity available to Company, Sitter agrees that Company shall be entitled to temporary, preliminary, and permanent injunctive relief to prevent any actual or threatened breach or continuation of any breach of this Agreement, or to cure any breach of this Agreement, without the necessity of proving actual damages or posting a bond or other security therefore. 14. Sitter acknowledges that the covenants and agreements herein are reasonable and necessary to protect Company's legitimate business interest. Should any provision of this Agreement for any reason be declared invalid, void, or unenforceable by a court or other tribunal of competent jurisdiction, the validity and binding effect of all remaining portions will not be affected, which will remain in full force and effect, and the offending provisions shall be deemed modified and reformed to the minimum extent necessary to make them valid and enforceable. 15. Term; Termination. This Agreement shall commence on the date first above written and shall continue in full force and effect until terminated by either party. Company reserves the right, in it's sole discretion, to close Sitter's account at any time, for any reason or no reason, without advance notice. In such event, Company reserves the right to notify families to which the Sitter has been assigned previously. If the Sitter’s account is closed by Company for any reason, the Sitter shall forfeit the balance of her account. 16. Indemnification. The Sitter agrees to protect, defend, hold harmless and indemnify the Company and its clients from and against any and all claims, damages, liabilities, losses and expenses (including attorney’s fees), arising out of any alleged or actual loss, damage or injury incurred or suffered by the Company, to the extent that such loss, damage or injury results from the Sitter’s provision of Sitting Services or other services provided by the Sitter when the Sitter was referred pursuant to this Agreement. 17. Successors and Assigns. All of the provisions of this Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective heirs, if any, successors, and assigns. 18. Choice of Law. This Agreement shall be governed by, construed and enforced in accordance with the laws of the State of Georgia, without regard to its conflict of laws principles. 19. Counterparts. This Agreement may be executed simultaneously in two (2) or more counterparts, each of which will be deemed an original, and she will not be necessary in making proof of this Agreement to produce or account for more than one such counterpart. In addition, this Agreement may be executed and delivered by facsimile or other electronic signature, which shall constitute a valid and enforceable signature. The parties agree that an electronic signature shall have the same legal effect, validity and enforceability as a manually executed signature or the use of a paper-based record keeping system, as the case may be, to the extent and as provided for in any applicable law, including the Federal Electronic Signatures in Global and National Commerce Act, or any other similar state laws based on the Uniform Electronic Transactions Act. 20. Headings. Section headings are not to be considered a part of this Agreement and are not intended to be a full and accurate description of the contents hereof. 21. Waiver. Waiver by one party hereto of a breach of any provision of this Agreement by the other shall not operate or be construed as a continuing waiver. 22. Assignment. The Sitter shall not assign any of its rights under this Agreement, or delegate the performance of any of its duties hereunder, without the prior written consent of the Company. 23. Notices. Any and all notices, demands, or other communications required or desired to be given hereunder by any party shall be in writing and shall be validly given or made to another party if personally served, or if deposited in the United States mail, certified or registered, postage prepaid, return receipt requested. 24. Modification or Amendment. No amendment, change to or modification of this Agreement shall be valid unless in writing signed by the parties hereto. 25. Entire Understanding. This Agreement and the exhibit attached hereto constitute the entire understanding and agreement of the parties, and any and all prior agreements, understandings, and representations, whether written or oral, are hereby terminated and canceled in their entirety and are of no further force and effect. 26. Unenforceability of Provisions. If any provision of this Agreement, or any portion thereof, is held to be invalid and unenforceable, then the remainder of this Agreement shall nevertheless remain in full force and effect. IN WITNESS WHEREOF, the undersigned have executed this Independent Sitter Agreement as of the day and year this form is submitted. COMPANY: The Sitter Tree, LLC By: Jody Stephenson, Manager EXHIBIT A Referral Protocol 1. Fees: In order to receive job referrals from Company, the Sitter agrees to make payments into an account created and maintained by the Company (each, a “Sitter Account”) in advance for future job assignments. . Fees charged by the Company for referrals vary based upon the total wage payable to the sitter. The fee schedule is subject to change at any time in the Company’s sole discretion. Each job will cost the sitter 10% of the estimated wages as calculated at the time of the job request. Payments must be made through Stripe on the Company website (sittertree.com) The Sitter will forfeit her account balance if Company deems the Sitter is no longer fit to be referred for any reason or if the Sitter has not received or taken a job within 3 months. 2. Requesting a Job: The Sitter will receive job postings via email or text. Each job posting will include the family address and the children’s ages. In order to request assignment to a job, the Sitter should respond by logging into her account and selecting the jobs she wants to request. A sitter must have enough funds in her account to request a job. A sitter may opt to have her account auto recharge so that she is eligible for numerous jobs. 3. Being assigned to a Job: Company Coordinator will respond to all job requests. If the Sitter receives a job the Sitter will receive an email containing the family phone number. 4. Confirming a Job. Once the Sitter receives a Job, the Sitter should contact the family within 12 hours to confirm the job. (Not after 9pm). After a sitter has contacted the family, the Sitter should log into her account to indicate she has confirmed. If a sitter fails to indicate she has confirmed a job within 12 hours, the job may be reassigned to another sitter. 5. Feedback: Sitters are strongly encouraged to provide feedback after each job. 6. Cancellation. If the Sitter must cancel a job she has already been assigned, the Sitter shall not be reimbursed the Sitter Fee. The Sitter should cancel the job on her dashboard and phone the Assigning Coordinator if the job start-time is within 24 hours. The Coordinator will contact Parent. The Sitter should not attempt to reschedule another contractor for the job.
Privacy Policy Last Updated: September 27, 2018 SitterTree, LLC (“Company,” “we” or “us”) respects your privacy and is committed to protecting it through our compliance with this privacy policy. This policy describes the types of information we may collect from you or that you may provide when you visit the website sittertree.com (the “Website”) or Company’s mobile application (the “App”) and our practices for collecting, using, maintaining, protecting, and disclosing that information. This policy applies to information we collect (a) when you access, use or register with the Website; (b) when you download, install, register with, access or use the App; (c) in email, text, and other electronic messages between you and Company via the Website or the App; (d) through mobile and desktop applications you download from the Website or the App, which provide dedicated non-browser-based interaction between you and the Website or the App; and (e) when you interact with our advertising and applications on third-party websites and services, if those applications or advertising include links to this policy. It does not apply to information collected by (y) us offline or through any other means, including on any other website or application operated by Company or any third party; or (z) any third party, including through any application or content (including advertising) that may link to or be accessible from or on the Website or the App. Please read this policy carefully to understand our policies and practices regarding your information and how we will treat it. If you do not agree with our policies and practices, your choice is to not access or use the Website or download or install the App. By accessing or using the Website or downloading, installing and/or accessing or using the App, you agree to this privacy policy. This policy may change from time to time (see Changes to Our Privacy Policy). Your continued use of the Website or the App after we make changes is deemed to be acceptance of those changes, so please check the policy periodically for updates. 1. INFORMATION WE COLLECT Information We Collect About You and How We Collect It We collect several types of information from and about users of the Website and the App, including information (a) by which you may be personally identified, such as name, photographs of you, social security number, credit card information, postal address, e-mail address, telephone number, or any other information the Website or the App collects that is defined as personal or personally identifiable information under applicable law (“personal information”); (b) that is about you but individually does not identify you, such as, employment information, age, number and gender of children, and/or education; and/or (c) about your internet connection, mobile device or other equipment you use to access the Website or the App and usage details. We collect this information (a) directly from you when you provide it to us; (b) automatically as you access or navigate through the Website or when you use the App. Information collected automatically may include usage details, IP addresses, and information collected through cookies, web beacons, and other tracking technologies; and (c) from third parties, for example, our business partners. Information You Provide to Us. The information we collect on or through the Website or the App may include (a) information that you provide by filling in forms on the Website or the App. This includes information provided at the time of registering to use the Website or the App, posting material, or requesting further services. We may also ask you for information when you report a problem with the Website or the App; (b) records and copies of your correspondence (including email addresses), if you contact us; (c) your responses to surveys that we might ask you to complete for research purposes; and/or (d) your search queries on the Website or the App. You also may provide information to be published or displayed (hereinafter, “posted”) on public areas of the Website or the App, or transmitted to other users of the Website or the App or third parties (collectively, “User Content”). Your User Content is posted on and transmitted to others at your own risk. Although we limit access to certain pages, please be aware that no security measures are perfect or impenetrable. Additionally, we cannot control the actions of other users of the Website or the App with whom you may choose to share your User Content. Therefore, we cannot and do not guarantee that your User Content will not be viewed by unauthorized persons. Information We Collect Through Automatic Data Collection Technologies. As you access, download, install and/or use the Website or the App, we may use automatic data collection technologies to collect certain information about your equipment, browsing actions, and patterns, including (a) when you access and use the Website or the App, including traffic data, location data, logs, and other communication data and the resources that you access and use on the Website or the App; (b) information about your computer, mobile device and internet connection, including your IP address, the device’s unique device identifier, operating system, browser type, mobile network information, and the device’s telephone number; (c) the App may also access metadata and other information associated with other files stored on your device. This may include, for example, photographs, audio and video clips, personal contacts and address book information; and/or (d) the App may also collect real-time information about the location of your device. The information we collect automatically helps us to improve the Website or the App and to deliver a better and more personalized service, including by enabling us to (a) estimate our audience size and usage patterns; (b) store information about your preferences, allowing us to customize the Website or the App according to your individual interests; (c) speed up your searches; (d) recognize you when you return to the Website or the App; or (e) provide the services requested by you (for example, attaching a picture to your profile, allowing you to share information with your contacts, or communicating or verifying your location at the correct address). Third-Party Use of Cookies and Other Tracking Technologies Some content or applications, including advertisements, on the Website or the App may be served by third-parties, including advertisers, ad networks and servers, content providers, and application providers. These third parties may use cookies alone or in conjunction with web beacons or other tracking technologies to collect information about you when you use the Website or the App. The information they collect may be associated with your personal information or they may collect information, including personal information, about your online activities over time and across different websites and other online services. They may use this information to provide you with interest-based (behavioral) advertising or other targeted content. We do not control these third parties’ tracking technologies or how they may be used. If you have any questions about an advertisement or other targeted content, you should contact the responsible provider directly. For information about how you can opt out of receiving targeted advertising from many providers, see Choices About How We Use and Disclose Your Information. How We Use Your Information We use information that we collect about you or that you provide to us, including any personal information (a) to present the Website or the App and their contents to you; (b) to provide you with information, products, or services that you request from us; (c) to fulfill any other purpose for which you provide it; (d) to provide you with notices about your account; (e) to carry out our obligations and enforce our rights arising from any contracts entered into between you and us, including for billing and collection; (f) to notify you about changes to the Website or the App or any products or services we offer or provide though it; (g) to allow you to participate in interactive features on the Website or the App; (h) in any other way we may describe when you provide the information; and/or (i) for any other purpose with your consent. We may also use your information to contact you about our own goods and services that may be of interest to you. If you do not want us to use your information in this way, you may unsubscribe from such communications; provided, that the foregoing does not apply to general communications regarding your account, such as email confirmations, communications regarding the validity of the credit card information provided or other general communications regarding your account. We may use the information we have collected from you to enable us to post advertisements to our advertisers’ target audiences. Even though we do not disclose your personal information for these purposes without your consent, if you click on or otherwise interact with an advertisement, the advertiser may assume that you meet its target criteria. Disclosure of Your Information We may disclose aggregated information about our users and information that does not identify any individual without restriction. We may disclose personal information that we collect or you provide as described in this privacy policy (a) to our subsidiaries and affiliates; (b) to contractors, service providers, and other third parties we use to support our business and who are bound by confidentiality obligations to keep personal information confidential and use it only for the purposes for which we disclose it to them; (c) to a buyer or other successor in the event of a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of Company’s assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which personal information held by Company about the Website users or App users is among the assets transferred; (d) to fulfill the purpose for which you provide it; (e) for any other purpose disclosed by us when you provide the information; and/ or (f) with your consent. We may also disclose your personal information (a) to comply with any court order, law, or legal process, including to respond to any government or regulatory request; (b) to enforce or apply our Terms of Use and other agreements, including for billing and collection purposes; and/or (c) if we believe disclosure is necessary or appropriate to protect the rights, property, or safety of Company, our customers, or others. This includes exchanging information with other companies and organizations for the purposes of fraud protection and credit risk reduction. Accessing and Correcting Your Information You can review and change your personal information by logging into the App and visiting your account profile page. If you delete your User Content from the Website or the App, copies of your User Content may remain viewable in cached and archived pages, or might have been copied or stored by other users of the Website or the App. Proper access and use of information provided on the Website or the App, including User Content, is governed by our Terms of Use. Data Security We have implemented measures designed to secure your personal information from accidental loss and from unauthorized access, use, alteration, and disclosure. All information you provide to us is stored on our secure servers behind firewalls. Any social security information, payment transactions and credit card information will be encrypted. The safety and security of your information also depends on you. Where we have given you (or where you have chosen) a password for access to certain parts of the Website or the App, you are responsible for keeping this password confidential. We ask you not to share your password with anyone. We urge you to be careful about giving out information in public areas of the Website or the App like message boards. The information you share in public areas may be viewed by any user of the Website or the App. Unfortunately, the transmission of information via the internet is not completely secure. Although we do our best to protect your personal information, we cannot guarantee the security of your personal information transmitted to the Website or the App. Any transmission of personal information is at your own risk. We are not responsible for circumvention of any privacy settings or security measures contained on the Website or the App. Changes to Our Privacy Policy It is our policy to post any changes we make to our privacy policy on the Website and the App. If we make material changes to how we treat our users’ personal information, we will notify you by email to the email address specified in your account and/or through a notice on the Website or the App. The date the privacy policy was last revised is identified at the top of the page. You are responsible for ensuring we have an up-to-date active and deliverable email address for you, and for periodically visiting the Website and this privacy policy to check for any changes. Contact Information To ask questions or comment about this privacy policy and our privacy practices, email us or contact us at: SitterTree, LLC, Legal Department, 787 Antone St. NW, Atlanta, GA 30318.