Independent Contractor Agreement
This Independent Contractor Agreement is intended for Hosts who list Experiences on www.roambler.com. This Agreement also appears in the Terms and Conditions and is Agreed upon when signing up and Publishing a listing to www.roambler.com. This Agreement describes in detail what is expected of a "Host" and what is expected of Roambler.
INDEPENDENT CONTRACTOR AGREEMENT FOR "HOSTS"
This Independent Contractor Agreement (this "Agreement") is made effective at the moment you list your service on www.roambler.com, by and between Roambler, LLC (the "Recipient"), and (the "Contractor") also known as "Host". In this Agreement, the party who is contracting to receive the services shall be referred to as "Recipient", and the party who will be providing the services shall be referred to as "Contractor."
1. DESCRIPTION OF SERVICES. Beginning the moment you choose to list your service on the Roambler Platform, www.roambler.com, the Contractor will provide the following services (collectively, the "Services"):
Hosting the Experience which you have listed on the Roambler Platform by accompanying guests for the duration and price you have set for your listing(s) in the exact way that you have described this listing on the Roambler Platform, including amenities and safety features.
2. PAYMENT FOR SERVICES. The Recipient will pay compensation to the Contractor for the Services. Payments will be made as follows:
Payments under this Agreement will be made as follows: after completion of your booked experience and transfer of funds to Roambler,LLC you will be paid 80% of the rate that you have chosen to charge for your Experience or "service". Roambler,LLC will retain 20% of the rate you have chosen to charge for your Experience or "service". You will be paid by Roambler, LLC electronically through one of two platforms, which you choose. Directly to your personal PayPal account, or Direct Deposit to your bank account via the Stripe Payments Platform. These electronic payout options are easily and securely set up through your Roambler Profile and linked to your listing(s). Roambler will process the transfer your percentage to the account you have set up, either Stripe or PayPal within 24 hours after the service has ended. Depending on which payout method you choose the money transfer may take up to three days to appear in your chosen account.
No other fees and/or expenses will be paid to the Contractor, unless such fees and/or expenses have been approved in advance by the appropriate executive on behalf of the Recipient in writing. The Contractor shall be solely responsible for any and all taxes, Social Security contributions or payments, disability insurance, unemployment taxes, and other payroll type taxes that may be applicable to such compensation.
3. TERM/TERMINATION. Termination of this agreement will occur as follows:
This Agreement will only terminate in the following ways:
1. If the contractor or "Host" chooses to remove their listing from the Roambler Platform
2. If the contractor or "Host" violates the 'terms of service' or 'code of conduct' and Roambler, LLC deems it necessary to remove the contractor's listing(s) from the Platform as a result of those violations.
A regular, ongoing relationship of indefinite term is not contemplated. The Recipient has no right to assign services to the Contractor other than as specifically contemplated by this Agreement. However, the parties may mutually agree that the Contractor shall perform other services for the Recipient, pursuant to the terms of this Agreement.
4. RELATIONSHIP OF PARTIES. It is understood by the parties that the Contractor is an independent contractor with respect to the Recipient, and not an employee of the Recipient. The Recipient will not provide fringe benefits, including health insurance benefits, paid vacation, or any other employee benefit, for the benefit of the Contractor.
5. RECIPIENT'S CONTROL. Except in extraordinary circumstances and when necessary, the Contractor shall perform the Services without direct supervision by the Recipient. The Recipient may monitor the listings on www.roambler.com and make suggestions regarding best practices. In compliance with the Terms of www.roambler.com the contractor is bound to act in accordance with the Terms and Code of Conduct or risk having their listing removed.
6. PROFESSIONAL CAPACITY. The Contractor is an individual or professional who uses his or her own skills and knowledge through personal, professional and or business methods to perform services. The Contractor has not and will not receive training from the Recipient regarding how to perform the Services.
7. NO SET WORK HOURS. The Contractor has no set hours of work aside from the hours that they have chosen for themself which reflects on their listing calendar for booking availability. There is no requirement that the Contractor work full time or otherwise account for "work" hours.
8. EXPENSES PAID BY CONTRACTOR. The Contractor's business and travel expenses are to be paid by the Contractor and not by the Recipient.
9. INJURIES. The Contractor acknowledges the Contractor's obligation to obtain appropriate insurance coverage for the benefit of the Contractor including Liability Insurance. The Contractor waives any rights to recovery from the Recipient for any injuries that the Contractor may sustain while performing services under this Agreement and that are a result of the negligence of the Contractor.
10. INDEMNIFICATION. The Contractor agrees to indemnify and hold harmless the Recipient from all claims, losses, expenses, fees including attorney fees, costs, and judgments that may be asserted against the Recipient that result from the acts or omissions of the Contractor.
11. ENTIRE AGREEMENT. This Agreement constitutes the entire contract between the parties and includes the entirety of the terms and conditions which are agreed to when signing up as a user of www.roambler.com and listing an experience on the Roambler Platform as a "Host".
12. WAIVER OF BREACH. The waiver by the Recipient of a breach of any provision of this Agreement by Contractor shall not operate or be construed as a waiver of any subsequent breach by Contractor.
13. SEVERABILITY. If any provision of this Agreement shall be held to be invalid or unenforceable for any reason, the remaining provisions shall continue to be valid and enforceable. If a court finds that any provision of this Agreement is invalid or unenforceable, but that by limiting such provision it would become valid and enforceable, then such provision shall be deemed to be written, construed, and enforced as so limited.
14. APPLICABLE LAW. This Agreement shall be governed by the laws of the Commonwealth of Pennsylvania.
15.ARBITRATION. In the event the parties are not able to resolve any dispute between them arising out of this independent contractor agreement, or any provisions hereof, whether in contract, tort, or otherwise at law or in equity for damages or any other relief, then such dispute shall be resolved only by final and binding arbitration pursuant to the Federal Arbitration Act, conducted by a single neutral arbitrator and administered by the American Arbitration Association, or a similar arbitration service selected by the parties, in a location mutually agreed upon by the parties. The arbitrator's award shall be final, and judgment may be entered upon it in any court having jurisdiction. In the event that any legal or equitable action, proceeding or arbitration arises out of or concerns this agreement, the prevailing party shall be entitled to recover its costs and reasonable attorney's fees. The parties agree to arbitrate all disputes and claims in regards to this agreement or any disputes arising as a result of this agreement, whether directly or indirectly, including Tort claims that are a result of this agreement. The parties agree that the Federal Arbitration Act governs the interpretation and enforcement of this provision. The entire dispute, including the scope and enforceability of this arbitration provision shall be determined by the Arbitrator.