Sitter Agreement

THIS SITTER AGREEMENT (“Agreement”) is made this ___ day of _____________, 20___, by and between the undersigned sitter (“Sitter”) and Caregiva LLC, a Florida limited liability company (“caregiva” or “Company”).
WHEREAS, the Caregiva desires to refer the Sitter for babysitting, pet sitting, tutoring, and/or event assistance services (each referral being a “Job” and collectively, “Jobs”), from time to time;
WHEREAS, the Sitter desires to receive Job referrals from Caregiva; and,
WHEREAS, the parties hereto desire to enter into an agreement for the Caregiva 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, Caregiva shall refer the Sitter for Jobs from time to time and the Sitter hereby accepts the terms and conditions of this Agreement.
2.  Independent Contractor.
2.1. The Sitter agrees and acknowledges Sitter is an independent contractor in Sitter’s relationship with Caregiva and this Agreement in no way intends or creates an employment, partnership, agent, or joint venturer relationship between Caregiva and Sitter.
2.2. The Sitter shall control the manner and means by which the Jobs accepted pursuant to this Agreement are achieved and completed.
2.3. The Company shall not be responsible for withholding taxes with respect to the Sitter’s compensation for Jobs.
2.4. The Sitter is not entitled to, and shall have no claim against Caregiva 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 Job referrals.  Similarly, the Sitter shall not be obligated to accept any Job referrals and shall be free to accept the same or similar work from sources.
2.6. The Sitter has no right, power, or authority to create any contracts or obligations, either express or implied, on behalf of or in the name of Caregiva.
2.7 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 accepted Jobs.  In addition, the Sitter is solely 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.
3.  Compensation and Fees.  The Sitter agrees and acknowledges the schedule of fees (“Fee Schedule”) the Sitter shall be paid for the completed Jobs is set forth on Caregiva website, www.Caregiva.net, and such fees are subject to change from time to time without notice. A copy of the Fee Schedule as of the date of this Agreement is attached as Exhibit “A” and incorporated herein. The Sitter agrees that in order to receive Job referrals from the Company, the Sitter must maintain an account with Stripe (the “Sitter’s Account”). 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 the scheduled start time of an accepted Job.  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 acceptance of Job referral;
    •    $25 for a cancellation made within three (3) hours of Job start;
    •    $50 for a cancellation made after a Job has started.
    •    Sitter may also be assessed a $5.00 fee if Sitter is late to a job.
4. Sitter Covenants.  
4.1 Administration of Medication.  The Sitter covenants not authorize the Sitter to administer medication to any person or pet. The Sitter agrees to indemnify and hold Caregiva 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.
4.2 Driving.  The Sitter covenants not 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 a Job.
4.3 No photographing or videoing.  The Sitter covenants not to photograph or make videos of any child, 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.
4.4 Personal Devices.  The Sitter covenants not to allow any child to view or listen to any content on any personal device owned by the Sitter, including, without limitation, a phone, iPad, or laptop.
5. Sitter Representations and Warranties.
5.1 Sitter represents and warrants Sitter possesses the training, skills and expertise necessary to perform the Jobs and obligations of this Agreement in a competent and professional manner.
5.2 Sitter represents and warrants Sitter is eighteen (18) years of age or older.
5.3 Sitter represents and warrants Sitter is currently certified in CPR and will provide evidence of same upon the request by Caregiva.
5.4 Sitter represents and warrants Sitter can perform the Jobs and obligations of this Agreement in a professional manner, using that degree of care and skill ordinarily exercised by and consistent with the standards of competent service providers performing comparable services in the region.
5.5 Sitter represents and warrants it has the power and authority to enter into this Agreement and that it is not a party to any restrictions, agreements or understandings whatsoever which would prevent or make unlawful such party’s acceptance of the terms set forth in this Agreement or such party’s performance hereunder. Sitter further represents and warrants its acceptance of the terms of this Agreement and the performance of its obligations hereunder do not and will not (with the passage of time) conflict with or constitute a breach or default of any contract, agreement or understanding, oral or written, to which such party is a party or by which such party is bound.
6.  Non-circumvention.  The Sitter agrees to schedule Jobs 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 this provision, the Sitter hereby authorizes the Company to charge either Sitter’s credit card or the Sitter’s Account, as the case may be, a fee of $100.00 for each such violation. The covenants and agreements set forth in this Section shall survive the termination of this Agreement for a period of one (1) year.
7.  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 agrees to receive and maintain all Confidential Information in strictest confidence using, at a minimum, reasonable care and, except as provided herein, shall not use Confidential Information for its own benefit or disclose it to third parties. The Sitter is also aware and fully understands that any violation of this Section is a breach and the Company may immediately terminate this Agreement.
8.  Breach. The Sitter agrees any breach of this Agreement by 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.
9.  Reasonableness of Agreement and Severability. The Sitter agrees the covenants and agreements herein are reasonable and necessary to protect the Company’s legitimate business interest. Should any provision of this Agreement 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.
10.  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.  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.
11.  Indemnification.  Sitter shall indemnify, defend and hold Company harmless from and against any liability arising out of or in connection with the negligent or willful acts of Sitter in the performance of its Jobs or other obligations hereunder.
12.  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.
13.  Governing Law; Jurisdiction. This Agreement shall be governed and construed by the laws of the State of Florida. Each party hereby irrevocably submits to the exclusive jurisdiction of the state and federal courts of the State of Florida for the purposes of any proceedings arising out of this Agreement.
14.  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 wet signature.
15.  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.
16.  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.
17.  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.
18.  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.
19.  Modification or Amendment.  No amendment, change to or modification of this Agreement shall be valid unless in writing signed by the parties hereto.
20.  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.
IN WITNESS WHEREOF, the parties have caused this Independent Contractor Agreement to be executed as of the date first written above.

COMPANY:                                                                SITTER:
 

Caregiva, LLC
a Florida limited liability company