The information contained in my application is correct to the best of my knowledge. 

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I hereby authorize MomSub and its designated agents and representatives to conduct a comprehensive review of my background causing a consumer report and/or an investigative consumer report to be generated for employment and/or volunteer purposes.

 

I understand that the scope of the consumer report/ investigative consumer report may include, but is not limited to the following areas: verification of social security number; credit reports, current and previous residences; employment history, education background, character references; drug testing, civil and criminal history records from any criminal justice agency in any or all federal, state, county jurisdictions; driving records, birth records, and any other public records. 

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I further authorize any individual, company, firm, corporation, or public agency to divulge any and all information, verbal or written, pertaining to me, to or its agents. I further authorize the complete release of any records or data pertaining to me which the individual, company, firm, corporation, or public agency may have, to include information or data received from other sources.

 

MomSub and its designated agents and representatives shall maintain all information received from this authorization in a confidential manner in order to protect the applicant's personal information, including, but not limited to, addresses, social security numbers, and dates of birth. ​

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By submitting the background check form, you are acknowledging receipt of the contract between you and MomSub. The Independent Contractor Agreement (“Agreement”) constitutes a legally binding contract  between MomSub (“the Company,” “we,” “us,” “our”) and each nanny, sitter, child care provider or user (“Provider,” “you,” or “your”).

By checking the box, submitting your contact info, submitting payment (for a background check or other reason), accepting payment (for child care services or other reason) or continuing to use the platform, you agree to all terms and conditions (“Terms) in this Agreement.

This Agreement applies to anyone who accesses work opportunities, communicates with the company about work opportunities, or provides any child care services through the Company’s website, mobile application, Square payment system, or any other platform operated by the Company (collectively, the “Services”).

By initiating contact to use the Services, you agree to be bound by these Terms.

 

1. INDEPENDENT CONTRACTOR RELATIONSHIP

1.1 Status
You acknowledge and agree that you are an independent contractor, not an employee, partner, joint venture participant, or agent of the Company.

1.2 No Benefits
As an independent contractor, you are not entitled to:

• health insurance
   

• unemployment benefits
   

• workers’ compensation
   

• paid leave
   

• retirement benefits
  or any other employment-related benefits.
   

1.3 Control
You retain sole control over:

• how you perform services
   

• your methods
   

• your schedule availability
   

• your tools and materials
  consistent with applicable laws and safety rules.
   

The Company does not supervise you directly in-person or control how you perform your work.

 

2. NON-CIRCUMVENTION / NO DIRECT PAYMENTS

2.1 All Payments Must Go Through the Company
You agree that all payments for any child care services you provide to any parent, customer, or user of the Company must be processed exclusively through the Company and are paid to you directly by the Company.

This includes:

• hourly child care fees
   

• tips
   

• bonuses
   

• any monetary exchange related to child care services
   

2.2 No Direct Business
You agree not to accept direct payment from any parent, customer, user, or household you meet through the Company or in connection with the Company’s platform.

2.3 Duration of Restriction
This non-circumvention requirement applies for:

• the entire period you are registered with the Company, and
   

• 12 months after the last date you updated your information, responded to company communication or provided services through the Company, regardless of who initiated the introduction.
   

2.4 Violation Consequences
Violating this section may result in:

• removal from the platform
   

• withholding of any unpaid amounts
   

• enforcement actions
   

• claims for lost revenue
   

 

3. PROVIDER RESPONSIBILITIES

3.1 Professional Conduct
You agree to provide child care services in a safe, lawful, and professional manner at all times.

3.2 Communication Requirements
You must:

• respond promptly to Company messages
   

• notify the Company and the customer of any schedule issues
   

• communicate immediately in emergencies
   

• arrive on time to all scheduled shifts
   

3.3 Schedule Commitments
Once you accept a scheduled shift, you agree to fulfill the shift unless unavoidable circumstances arise.

3.4 Safety Requirements
You must follow all safety protocols required by the Company or applicable law, including:

• supervision standards
   

• emergency procedures
   

• safe sleep guidelines (for infants, toddlers, special needs persons)
   

• safe food guidelines (for infants, toddlers, special needs persons, allergy considerations)
   

• safe driving and car seat/booster seat guidelines
   

3.5 Background Information
You affirm that all information you provide is truthful, complete, and accurate.

 

4. PAYMENT TERMS

4.1 Payment Processing
All payments for services you perform will be processed through the Company.

4.2 Hourly Rates
You will be paid the rate assigned to you and agreed upon by the Company.

4.3 No Guarantee of Hours
The Company makes no guarantee of:

• number of hours
   

• frequency of assignments
   

• weekly income
   

You acknowledge that you work on an as-needed basis.
 

 

5. CANCELLATIONS AND NO-SHOWS

5.1 If the Parent Cancels
If a parent or customer cancels according to Company policy, you will be informed of the  schedule change to prevent your attendance at a canceled shift. You are not paid for canceled shifts.

5.2 If YOU Cancel or No-Show
You agree that cancellations or failure to appear for a scheduled shift may result in:

• suspension
   

• removal from the platform
   

• loss of future assignments
   

• loss of pay
   

• derogatory work history impacting reputation
   

 

6. BILLING RESPONSIBILITY

You acknowledge that any billing decisions are determined solely by the Company.

 

7. CONFIDENTIALITY

You agree to maintain the confidentiality of:

• customer information
   

• child information
   

• household details
   

• Company processes and materials
   

You may not disclose, use, or store confidential information except as required to perform services.

 

8. LIABILITY AND RELEASE

8.1 Provider Responsibility
You are solely responsible for:

• your actions
   

• your conduct
   

• compliance with applicable laws
   

• your physical safety
   

• your taxes and expenses
   

8.2 Release of Liability
To the fullest extent permitted by law, you agree to release and hold harmless the Company and its owners, employees, investors, contractors, and affiliates from:

• liability
   

• claims
   

• damages
   

• losses
  arising out of your actions or the services you perform.
   

8.3 Indemnification
You agree to indemnify and defend the Company against all claims arising from:

• your conduct
   

• your actions with children or families
   

• injuries or damages you cause
   

• violation of this Agreement
   

 

9. TERMINATION

The Company may suspend or terminate your account with loss of pay at any time for:

• policy violations
   

• unsafe conduct
   

• repeated cancellations
   

• misconduct
   

• dishonesty
   

• theft
   

• repeated late arrivals
   

• repeatedly leaving before shift ends

 

10. GOVERNING LAW

This Agreement is governed by the laws of the state in which the Company is registered, without regard to conflict-of-law principles.

 

ACCEPTANCE

By checking the box, submitting your contact info, communicating with the Company, accepting payment or continuing to use the Services, you affirm that you have read, understand, and agree to these Terms and Conditions.

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Effective as of February 1, 2023