Independent Contractor Agreement
By submitting this form, you (the “Sitter”) agree that you are entering into this CONTRACTOR AGREEMENT (this “Agreement”) with SitterTree, LLC, a Georgia limited liability company (the “Company”).
Last Updated: December 2, 2020
WHEREAS, the Company desires to refer the Sitter for babysitting and/or pet 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 sitting services from time to time in accordance with the terms 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 ARE 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. As an independent contractor, the Sitter agrees and acknowledges that no termination of employment shall be deemed to have occurred by reason of the fact that the Sitter’s access to all or part of the Company’s Website or the Company’s App has been suspended or terminated.
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 Sitter shall be paid according to the hourly fee rate posted for each individual job as determined by the family or group posting the job. Details for each job, including but not limited to the compensation, may be found on the Company’s website located at sittertree.com and App. The Sitter agrees and acknowledges that should a Sitter request to leave a job early, or be asked to leave a job due to safety concerns, the Sitter will waive the right to any minimum payment and will be compensated for the actual hours worked.
a. Referral Fees. The Sitter agrees that in order to receive job referrals from the Company, the Sitter agrees to maintain an account with Stripe (the “Sitter’s Account”) related to job assignments. Fees charged by the Company for referrals vary based upon the total wage payable to the Sitter. Payments will usually be made through Stripe within forty-eight (48) hours of the completion of a job. Fees that are disputed will not be paid to the Sitter until the dispute is resolved.
b. Cancellation Fees. The Sitter agrees and acknowledges that a cancellation fee will be assessed against the Sitter’s Account for cancellations made within certain periods of time prior to a job scheduled start time. The Sitter agrees that the Company may reduce the Sitter’s account balance, in addition to the Sitter Fee for the job, according to the following cancellation fee schedule:
- $10 for a cancellation made any time after assignment;
- $20 for a cancellation made within 12 hours of job start;
- $25 for a cancellation made within three (3) hours of job start;
- $35 for a cancellation made within one (1) hour of job start; and
- $45 for a cancellation made after a job has started.
- Additional $5.00 Fee for canceling by any other means other than the Sitter's app
Furthermore, the Sitter agrees a $5 late arrival fee will be charged for any arrival time after the scheduled start time of a job.
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 does not authorize the Sitter to drive any persons or pets by any vehicle while performing the sitting services. The Company does not provide the Sitter 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 and not through any third party including, but not limited to, any group or family. The Sitter hereby covenants and agrees not to directly contact families met through the Company or its website, including families referred to the Sitter by the Company’s members, and further agrees not to schedule jobs if contacted by families or groups, except through the Company or its website. In the event that the Sitter violates the provisions of this Section 7, the Sitter hereby authorizes the Company to charge either her credit card or the Sitter’s Account, as the case may be, a $100.00 fee for each such violation. The covenants and agreements set forth in this Section 7 shall survive the termination of this Agreement for a period of one (1) year.
8. No photographing or videoing. The Sitter agrees not to photograph or make videos of any child assigned to her care by the Company, which is a violation of a child’s right to privacy. Such action will result in immediate termination and forfeit of any balance in the Sitter's Account with the 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. In addition, the Sitter is responsible for any personal items (phone, iPad, laptop, etc.) brought to a job. Neither the Company nor any family is responsible to reimburse the Sitter for any loss or damages to items brought to a job.
10. Personal Devices. The Sitter hereby agrees that she will not allow any child to view or listen to any content on any personal device owned by the Sitter such as a phone, iPad, laptop, etc.
11. 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.
12. Confidential Information. The Sitter understands the importance of preserving the confidential nature of the information of the Company. This includes, but is not limited to, Company data and records relative to business interests, client information, pricing, fees, cancellation fees, confidential child information, insider information, trade secrets, website functionality, and know-how. This also includes information wherein the Company has an obligation of confidentiality to a third party and information concerning any child, co-worker, independent contractor, associate, volunteer or workforce member. The Sitter understands the necessity that such information not be compromised or disclosed for any reason other than necessary business needs. The Sitter is also aware and fully understands that any violation of this Section 12 may cause the Company to immediately terminate this Agreement.
13. Breach of this Agreement. The Sitter acknowledges that any breach of this Agreement by the Sitter will result in irreparable harm to the 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 the Company, the Sitter agrees that the 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. Reasonableness of the Covenants. The Sitter acknowledges that the covenants and agreements herein are reasonable and necessary to protect the 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 the Sitter first agrees as recorded by the Company database and shall continue in full force and effect until terminated by either party. The Company reserves the right, in its sole discretion, to close the Sitter's Account at any time, for any reason or no reason, without advance notice. In such event, the Company reserves the right to notify families to which the Sitter has been assigned previously. If the Sitter’s Account is closed by the Company for any reason, the Company shall be entitled to any fees owed to it prior to the termination.
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 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 her rights under this Agreement, or delegate the performance of any of her 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.
This is a legally binding document. You are consenting to use electronic means to (i) sign this contract and (ii) accept the terms of this Contractor Agreement.
For assistance with legal matters, mail all forms, documents, and notices to SitterTree, LLC P.O. 19586, Atlanta, Georgia 30325.