This agreement is entered into as of {date} by Parc Ventures, Inc., dba Bumo ( “Bumo”) and {providerBusiness} (“Provider”) to establish how Bumo and Provider will work together to fill Provider open slots with parents/caregivers sourced by Bumo. After this agreement, Bumo will vet Provider through our BumoTrust Certification Process.

WHEREAS Bumo has created the BumoCare Network (“BCN”) to make childcare services from qualified providers available on a short-term basis to parents/caregivers, and

WHEREAS Provider desires to make its facility available for parents/caregivers to book occasional sessions as part of the BCN,

The parties agree to the following:

I. PROVIDER RESPONSIBILITIES

During the term of this Agreement, Provider will

1. Provide to Bumo information about its facility and programs, including but not limited to address, hours of operation, photos, policies, educational philosophy, staff to child ratios and points of contact.
2. Maintain all information such that Bumo has the most updated information on Provider facility and programs. Maintain child care and business licenses in good standing with relevant state and local authorities, and inform Bumo of any adverse actions within 48 hours.
3. Update child care facility availability in a timely manner so parents/caregivers can book open slots on Bumo’s app.
4. Inform Bumo and parent/caregiver immediately if a session must be canceled or rescheduled by Provider. Habitually canceling booked sessions may result in Provider being removed from BCN.
5. Inform Bumo and parent/caregiver immediately of any health and safety issues that arise during a BumoCare session.
6. Provide updates to parents/caregivers after each child care session about events during that session, including but not limited to the activities the child engaged in, their mood and engagement, meals and snacks consumed, time slept, toileting if applicable, and any other important information the parent/caregiver should know about.
7. Respond quickly to family complaints reported to Bumo or directly to Provider in a professional manner.

II. BUMO RESPONSIBILITIES

1. Promote Provider facilities on BumoCare websites and social media channels.
2. Market Provider facilities to book available child care sessions posted by Provider on the Bumo app.
3. Gather and maintain required licensing and physician’s forms for each family booking a session with Provider.
4. Collect payment for childcare sessions and Bumo’s fees from parents/caregivers.
5. Provide monthly reporting and disbursement to Provider.
6. Resolve parent/caregiver billing and payment issues.

III. CHILDCARE RATES AND FEES

Provider shall set hourly, half-day and full-day care rates for its facilities (“Childcare Rates”). Childcare Rates may vary by facility, and duration of session. Provider shall inform Bumo of its Childcare Rates, including any changes or updates. Changes in Childcare Rates must be communicated to Bumo at least 7 days before they can take effect, and can only be changed for sessions not yet booked.

IV. BUMO FEES

Bumo will charge parents/caregivers booking and service fees (“Bumo Fees”) which are not included in the Chidcare Rates. Provider will not receive any portion of Bumo Fees.

Provider will not pay Bumo any subscription fees during the first term of this Agreement.

V. REFERRAL FEES

In the event that a BCN parent/caregiver becomes a full-time childcare client, Provider will pay Bumo a $250 referral fee upon the signing of a regular childcare contract. Should Provider enroll a BCN
parent/caregiver without notifying Bumo, Provider may be removed from BCN for breach of contract.

VI. PAYMENT TERMS

Bumo will pay total Childcare Fees to Provider equal to the Childcare Rates per session times the total sessions booked during the month by the 18th of the following month. If parent/caregiver cancels a session within 48 hours, Bumo shall pay Provider the booked rate for the session. Payments to Providers will be via electronic funds transfer.

VII. TERM AND TERMINATION

The term of this Agreement is 12 months from the Effective Date, and will renew automatically for additional 12-month terms unless terminated by either party as described in this section.

Either party may terminate this Agreement upon 60 days written notice to the other party, with or without cause. Either party may terminate this Agreement immediately upon a breach by the other party that goes uncured after 14 days. In the event Provider violates Bumo’s Community Guidelines, Bumo may suspend this Agreement immediately pending Provider’s corrective action.

VIII. COMMUNITY GUIDELINES

Bumo’s Community Guidelines can be found on Bumo’s website, and may be updated from time to time.

IX. CONFIDENTIALITY

1. Confidential Information means any data or information that is proprietary to the Disclosing Party and not generally known to the public, including, but not limited to: (i) any marketing strategies, plans, financial information, or projections, operations, sales estimates, business plans and performance results relating to the past, present or future business activities of such party, its affiliates, subsidiaries and affiliated companies; (ii) plans for products or services, and customer or supplier lists; (iii) any scientific or technical information, invention, design, process, procedure, formula, improvement, technology or method; (iv) any concepts, reports, data, know-how, works-in-progress, designs, development tools, specifications, computer software, source code, object code, flow charts, databases, inventions, information and trade secrets; (v) any other information that should reasonably be recognized as confidential information of the Disclosing Party
2. From time to time, the Disclosing Party may disclose Confidential Information to the Receiving Party. The Receiving Party will: (a) limit disclosure of any Confidential Information to its directors, officers, employees, agents or representatives (collectively “Representatives”) who have a need to know such Confidential Information in connection with the current or contemplated business relationship between the parties to which this Agreement relates, and only for that purpose; (b) advise its Representatives of the proprietary nature of the Confidential Information and of the obligations set forth in this Agreement, require such Representatives to be bound by written confidentiality restrictions no less stringent than those contained herein, and assume full liability for acts or omissions by its Representatives that are inconsistent with its obligations under this Agreement; (c) keep all Confidential Information strictly confidential by using a reasonable degree of care, but not less than the degree of care used by it in safeguarding its own confidential information; and (d) not disclose any Confidential Information received by it to any third parties (except as otherwise provided for herein).
3. Provider shall handle any information received from Bumo about a child that is protected by HIPPA, FERPA or any other state and federal law in accordance with the applicable laws and regulations.

X. RELATIONSHIPS OF THE PARTIES

The Parties agree that this is a non-exclusive agreement and that the Parties are regarded as independent contractors.

XI. ASSIGNMENT

The Parties are not entitled to assign the responsibilities that they have under this Agreement to anyone else, unless both Parties agree to the assignment and provide such agreement in writing.

XII. ENTIRE AGREEMENT

This Agreement contains the entire agreement between the Parties to it with respect to its subject matter, and supersedes all prior agreements, understandings, inducements or conditions, expressed or implied, oral or written with respect to its subject matter.

XIII. SEVERABILITY

In the event that any provision of this Agreement is found to be void and unenforceable by a court of competent jurisdiction, then the remaining provisions will remain in force in accordance with the Parties’ intention.

XIV. GOVERNING LAW

This Agreement shall be governed and construed in accordance with the laws of California.