1. The Companion Is A Independent Contractor And Not An Employee, And As Such, Shall Be Responsible For His/Her Own Taxes And Expenses Incurred.
2. The Companion Shall Agree To Assume The Standard Charges And Penalties Levied By The Agency. Penalties Are Construed As Liquidated Damages Caused By The Phone Person In Breach And/Or Loss Of Income The Agency From Any Action Extraneous To The Aforementioned Codes Of Conduct And/Or Conditions Set Forth By The Agency.
3. In As Much As Possible, The Agency Shall Act In A Diligent, Discreet, And Just Manner In Conducting The Affairs Of Companion.
4. The Companion Shall Hold The Agency Free Of Any Liabilities Or Criminal Actions Caused By Or Derived From Any And All Acts Committed In Their Professional Capacity As A Contractor. The Agency's Sole Obligation Is To Provide Referrals To The Companion So Long As The Companion Complies With All Of The Rules Of The Contract & Codes Of Conduct Annexed.
5. The Agency Does Not Tell The Companion What To Do On Any Particular Referral, And Its Only Obligation Is To Secure The Referral And Communicate It To The Companion.
6. There Is No Agreement Express Or Implied, That Any Act Of A Sexual Nature Be Performed For A Fee Or Otherwise. You Acknowledge That The Agency Has Not Asked You To Engage In Any Conduct That Violates The Law.
7. The Companion Agrees That Any And All Action(S) Taken With Clients Referred By The Agency, Are Committed Of His And Her Own Free Will As Mutually Consenting Adults And Without Any Knowledge Or Expectation By The Agency Before, During, Or After The Said Referral.
8. The Companion Will Be Paid The Agreed Fees Paid By The Client For Each Booking, Provided That In Special Circumstances, Alternate Compensation Arrangements May Need To Be Made And The Companion Will Receive Advance Notice (In Writing If Requested) Of Same Before Accepting The Booking. All Client Payments Will Be Tendered To The Agency, Which Will Make Distribution Under This Agreement. Nothing In This Paragraph Shall Affect The Right Of The Agency To Recover Fines Or Penalties Imposed As Set Forth Herein.
9. The Companion Warrants That At All Times While Entering Into This Agreement With Women Inspiring Women That They Are Over The Legal Age Of Eighteen (18).
10. By The Act Of Signing This Document, The Companion Does Hereby Agree To, Without Any Reservations, All Of The Terms And Conditions Outlined In The Above Document, And By Such Action, Shall Relinquish Any And All Rights To Contest This Agreement In Whole Or In Part. This Agreement Shall Remain In Force Until The Business Relationship Between The Parties Is Terminated. I Further Certify That No Person Or Company Has Coerced, Induced, Or Offered Me Anything Of Value In Exchange For Making This Application. No Specific Promises Have Been Made To Me Other Than Those Contained In This Document.
11. The Agency May, In Its Sole And Absolute Discretion, Cancel, Change, And Suspend Any Aspect Of This Agreement Or Terminate Or Release Any Companion At Any Time, With Or Without Notice. The Companion May Terminate Or Suspend The Agreement Forthwith On Notice In Writing To The Agency.
12. Independent Tutor Acknowledges That Women Inspiring Women Will Not Reimburse Independent Tutor For Any Expenses Incurred By Independent Tutor Related To Independent Tutor’s Rendering Of Services Hereunder, Including, Without Limitation, Expenses Associated With Preparing For And Administering Sessions, Educational And Other Materials, And Transportation.
13. Independent Tutor Acknowledges That Women Inspiring Women Will Not Provide Any Supplies, Materials Or Equipment Required By Independent Tutor To Complete Any Services Rendered To Any Student Pursuant To This Agreement.
14. Independent Tutor Acknowledges That, During The Performance Of Services, Independent Tutor Will Have Access To Information Relating To Student's Identity, Address, Contact Information, And Other Personal Information Or Requests For Services ("Confidential Information"). Independent Tutor Agrees That Independent Tutor Owes A Duty To Tutor’s Students, During The Term Of This Agreement And Thereafter, To Hold All Such Confidential Information In The Strictest Confidence And Not To Disclose It To Any Person, Firm Or Corporation Or To Use It Except As Necessary In Carrying Out The Services Provided Hereunder.
15. Independent Tutor Agrees To Indemnify And Hold Harmless Women Inspiring Women, Its Subsidiaries, Affiliates, Other Independent Contractors And Their Respective Directors, Officers, Employees And Agents, From And Against Any And All Claims, Losses, Expenses, Costs, Liabilities And Damages (Including Any Legal Fee And Expenses), Any And All Injuries, Whether Direct, Consequential Or Incidental In Nature, Which Result From, Are Connected With Or Arise Out Of The Performance By Independent Tutor Of Work Performed Pursuant To This Agreement, Including Any Act By Independent Tutor Inconsistent With Independent Tutor's Obligations And Duties Under This Agreement. Independent Tutor Understands That Women Inspiring Women Offers An Internet-Based Marketplace For Prospective Students To Connect With Prospective Tutors. Accordingly, Women Inspiring Women Makes No Representations To Independent Tutor About The Suitability, Character Or Background Of Any Women Inspiring Women User (Including, Without Limitation, Students Or Their Parents/Guardians), Nor Does Women Inspiring Women Perform Any Type Of Background Check On Users (Including, Without Limitation, Students Or Their Parents/Guardians). It Is Independent Tutor's Sole Duty To Exercise Independent Tutor’s Own Judgment, Protocols And/Or Standards When Considering Whether To Engage In Tutoring Services With A Prospective Student. Independent Tutor Understands And Agrees That It Is Independent Tutor’s Responsibility To Conduct Any And All Background And Reference Checks Regarding Prospective Students And Other Site Users.
16. Independent Tutor Agrees Not To Use The Site To Engage In Academic Dishonesty (E.G., Completing Assignments, Writing Papers, Taking Tests On Someone’s Behalf, Or Work Completion In Violation Of Conduct Policies Of A School, University, Academic Institution Or Workplace) Or Other Misconduct Involving A Student.