Terms of Use — BetterCare Booking

TERMS OF USE: ENROLLMENT AGREEMENT AND STANDARDS OF SERVICE

Last updated: November 26, 2023

CLIENT ENROLLMENT AGREEMENT

Effective upon purchase and enforced via electronic signature in the Enrollment Agreement and Standards of Service emailed to Client for signature as part of the onboarding process.

Whereas, Company operates a membership-based booking service (“BetterCare Booking Service”) that serves to connect child care service providers (“Caregivers”) who are approved by Company to families in need of child care, so that such service providers can provide in-home child care services, with a special focus on unplanned, in-home child care services for children required to leave their normal care facility for physical or behavioral health issues; and

Whereas, Client desires to become a member of the BetterCare Booking Service so that Client may engage Caregivers through the BetterCare Booking Service;

Now, therefore, for an in consideration of the mutual covenants contained herein, and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties agree as follows:

1.Effective Date. This Agreement shall become effective as of the date of the last signature executed below on agreement when received by email to the Client to sign as part of the onboarding process.

2.Membership Fees. All membership fees must be paid in advance. All membership fees are subject to change in the future; provided, however, that should such fees increase, Client shall receive ten (10) days written notice prior to the effective date of such fee increase and may elect to not renew their membership beyond the current billing period. As of the effective date of this Agreement, membership fees are as follows:

a. One Month Membership, 1 child: $40; One Month Membership, 2 children: $64; One Month Membership 3 children: $72;

b. Three Month Membership: $150;

c. Twelve Month Membership, 1 child: $440; Twelve Month Membership, 2 children: $704; Twelve Month Membership 3 children: $792.

Client hereby agrees to remit payment for the applicable membership fee via a credit or debit card (“Payment Method”) which shall be kept on file by Company for periodic billing of such membership fees as applicable.

In addition to the above referenced memberships, Client may elect to pay a single-use fee of $150.00, which will entitle Client to utilize the BetterCare Booking Service one time to book a Caregiver for a single instance of childcare. Client’s election to utilize this single-use membership shall in no way reduce Client’s obligations under this Agreement to conduct screen and evaluate a Caregiver’s suitability for Client’s own needs.

3.Renewal; Termination of Agreement. For one month memberships and twelve month memberships, at the conclusion of the applicable membership period, Client’s membership will be automatically renewed for the same period previously selected by Client, and Client’s Payment Method shall be automatically charged for the applicable membership fee as set forth above.

For three month memberships, Client’s membership shall terminate at the conclusion of the three month membership period unless manually renewed by Client.

Client may terminate this Agreement at any time upon written notice to Company; provided, however, that such termination shall not take effect until the expiration of the Client’s membership period as set forth in Section 3. Should Client terminate this Agreement pursuant to this provision, Client shall not be entitled to a refund or reimbursement of Client’s membership fees that have already been paid, but shall continue to be entitled to use the BetterCare Booking Service until the expiration of such membership period.

Company may terminate this Agreement and Client’s associated membership for any reason without notice. Should Company terminate Client’s membership pursuant to this provision, Client shall be reimbursed a pro-rata share of Client’s membership fee for the portion of the membership period that is cancelled.

4.Covenants and Warranties of Company. Company hereby warrants and represents to Client the following:

a. Company shall allow Client to access and use the BetterCare Booking Service, whereby Client may engage Caregivers as needed for in-home child care services.

b. Company shall keep all personal information provided by Client in this Agreement and any accompanying exhibits confidential; provided, however, that Company may share any information as required by law. Further, Company may share the following information with Caregivers:

i. Client’s name and Client’s children’s names;

ii. Client’s contact information (phone and email) as provided in Exhibit A attached hereto;

iii. Client’s address;

iv. Information regarding particular needs of Client’s children; and

v. Other information about Client as is reasonably necessary to allow Caregiver to provide services to Client.

c. All Caregivers on the BetterCare Booking Service have a Child and Baby First Aid/CPR/AED Certification from Red Cross or a similar certifying entity;

d. All Caregivers on the BetterCare Booking Service have passed a basic criminal background check performed by the Tennessee Bureau of Investigation on behalf of Company and which found no record of any prior criminal convictions for felony criminal offenses.

5.Covenants and Warranties of Client. Client hereby warrants and represents to Company the following:

a. Client is eighteen (18) years of age or older and resides legally in the State of Tennessee.

b. Client is the legal parent and/or guardian, as applicable, of any child or children for whom the Client seeks to secure child care and has legal authority to make the requisite decisions regarding care of the child.

c. Client shall use the BetterCare Booking Service solely for the purpose of securing child care for Client’s minor children.

d. Client must provide to Company all required information as specified in Exhibit A attached hereto before Client may engage services from Caregivers through the BetterCare Booking Service. Client shall still be charged for their membership even if they have not yet provided such required information, and Client’s failure to provide such information shall not entitle Client to reimbursement or deferral of their membership period until such time as the required information is provided.

e. Neither Client nor any member of Client’s household have any prior criminal convictions for felony or misdemeanor criminal offenses, nor been subject to an injunction or required to pay damages in a civil action relating to violence, harassment, or negligent care.

f. Client shall pay all Caregivers the BetterCare Booking Service Agreed Rate (or better) for all services provided during Daycare Hours.

g. Client shall treat all Caregivers with respect and dignity. Should a Client treat any Caregiver with unreasonable, threatening, obscene, harassing, indecent, or illegal behavior, Company may terminate Client’s membership immediately and Client shall not be entitled to be reimbursed or refunded for any portion of the unused membership period.

h. Client shall comply with the Standards of Service set forth in Exhibit A attached hereto.

i. Client acknowledges that in their engagement of Caregivers, they may be provided with confidential information regarding the Caregiver. Client agrees that all information concerning Caregiver shall be confidential and shall not be disclosed to or discussed with anyone other than those otherwise authorized to receive such information, unless such disclosure is required by law.

j. Client acknowledges that it is Client is solely responsible for interviewing, vetting, performing background and reference checks on, verifying information provided by, and selecting an appropriate Caregiver for their family.

6.Limitations of Services. Company offers services to assist Client with finding, coordinating, and maintaining child care for their families, a special focus on unplanned, in-home child care services for children required to leave their normal care facility for physical or behavioral health issues. However, except where specifically provided in this Agreement, Company’s services are limited as follows:

a. Company does not employ any Caregivers and is not responsible for the conduct of any Caregivers. Client is responsible for compliance with all applicable employment laws and other laws and regulations in connection with any employment relationship Client establishes with a Caregiver.

b. Company does not refer or recommend any Caregivers nor does Company make any representations about the suitability, reliability, or timeliness of any services provided by Caregiver or the integrity, responsibility, or actions of Caregivers in the course of providing such services. Company’s screening and background checks of Caregivers are limited and should not be taken as a complete and conclusive evaluation of the individual’s suitability as a child care provider, and Client is responsible for making their own independent evaluation of any Caregiver’s suitability for Client’s needs.

c. Company is not an employment agency. Company does not secure employees for Client. Company does not secure opportunities for employment for any Caregivers.

d. Company does not control, monitor, supervise, or oversee the quality, timing, hours, pay, legality, or any other aspect of services delivered by Caregivers, nor does Company require Caregivers to accept or work any jobs or deliver any particular services at all.

e. Company does not offer transportation services. Client can contract with Caregiver to provide for transportation, but Company offers no assurances as to the validity of Caregiver's license, insurance, or anything connected to that. Company offers no assurances as to the Caregiver’s ability to safely transport children.

f. Company does not provide any medical, diagnostic, treatment, or clinical service or engage in any conduct that requires a professional license.

7.No Warranty. Except as otherwise provided in this Agreement, Company does not warrant, adopt, endorse, or otherwise accept responsibility for statements made by any party other than Company; warrant that Client’s use of the BetterCare Booking Service will meet all of Client’s requirements; or give any warranties of fitness for any particular purpose. To the extent permitted by applicable law, Company expressly disclaims and excludes any and all conditions, warranties, and/or other terms which might otherwise be implied by statute, common law or the law of equity.

In addition, and without limiting the foregoing, except as otherwise provided herein, Company makes no representations or warranties of any kind, whether express or implied, regarding the suitability of any Caregiver to provide services as a child care provider.

8.Assumption of Risk. Use of a third party to provide child care involves certain inherent risks. While Company serves to connect Caregivers with Client, Company does not provide any training, supervision, or monitoring of Caregivers, and cannot guarantee that Client’s interactions with any Caregiver will always be safe. Client expressly agrees to assume all risks inherent with the use of a third party child care provider in using the BetterCare Booking Service, including, but not limited to, injury, illness, death, and any and all other risks associated with use of a third party child care provider. Client agrees not to rely solely on Company’s limited background check of Caregivers and shall vet and screen any Caregiver independently for any Caregiver’s suitability and safety for Client’s particular needs.

9.Limitation of Liability. In no event will Company be liable for any indirect, special, incidental, or consequential damages, losses, or expenses arising out of or relating to the use or inability to use Company’s services, including, but not limited to, any damages related to Client’s inability to secure services through the BetterCare Booking Service. Under no circumstances shall Company’s aggregate liability in any form of action whatsoever in connection with this Agreement or Client’s use of Company’s services exceed the greater of the membership price paid by Client for account or the amount of $50.00.

In no event will Company be liable for any damages whatsoever, whether direct, indirect, general, special, compensatory, consequential, or otherwise, arising out of or relating to the conduct of Client or ay one else, including any Caregiver, in connection with the use of Company’s services or any agreement or relationship formed through the use of Company’s services, including without limitation, bodily injury, emotional distress, and/or any other damages resulting from any actions taken by persons other than Company.

10.Hold Harmless and Indemnification. Client’s use of services from Caregivers booked through the BetterCare Booking Service shall be performed entirely at Client’s risk. Client agrees to hold harmless, defend, and indemnify Company for any and all liability or loss arising in any way out of the performance of this Agreement and any obligations Client may have to Caregivers connected to Client through Company, including, but not limited to, reasonable attorneys fees and costs incurred by Company in connection with any claim by a third party arising out of Client’s actions.

11.Non-Competition/Non-Solicitation Covenants. In consideration of Client’s use of the BetterCare Booking Service to connect with Caregivers, Client acknowledges and agrees that upon termination of this Agreement, Client shall not engage, hire, solicit, or otherwise utilize the services of any Caregivers with whom Client was connected by Company within a 100 mile radius of Nashville, Tennessee for the provision of services during Daycare Hours for a period of three (3) years following the termination of this Agreement.

12.Complete Agreement. It is expressly understood and agreed that this Agreement contains the entire agreement between the parties and that, except as herein noted, there are no oral or collateral conditions, agreements, or representations, all such having been incorporated and resolved into this agreement.

13.No Waiver. The failure of either party to this Agreement to insist upon the performance of any of the terms and conditions of this Agreement, or the waiver of any breach of any of the terms and conditions of this Agreement, shall not be construed as subsequently waiving any such terms and conditions, but the same shall continue and remain in full force and effect as if no such forbearance or waiver had occurred.

14.Notices. Any notice provided for or concerning this Agreement shall be in writing and shall be deemed sufficiently given when sent by certified or registered mail if sent to the respective address of each party as set forth at the beginning of this Agreement, or by electronic mail if sent to the following addresses:

Company: See contact information on signature page in the document for signature emailed to Client as part of the onboarding process following initial payment.

Client: See contact information on signature page in the document for signature emailed to Client as part of the onboarding process following initial payment.

15.Default. In the event of default under this Agreement by Client, Company may terminate Client’s membership and access to the BetterCare Booking Service. In the event of default by Client, Client shall not be entitled to any reimbursement or other refund for Client’s membership fees.

Further, in the event of a default under this Agreement, the defaulting party shall reimburse the non-defaulting party for all costs and expenses reasonably incurred by the non- defaulting party in connection with the default, including reasonable attorney’s fees. Additionally, in the event a suit or action is filed to enforce this Agreement or with respect to this Agreement, the prevailing party shall be reimbursed by the other party for all reasonable costs and expenses incurred in connection with the suit or action.

16.Amendment and Assignment. Except as specifically provided otherwise herein, this Agreement may be amended only by a writing signed by both parties hereto. This Agreement, and the rights and obligations hereunder, shall not be assigned by Contractor.

17.Applicable Law. This Agreement shall be construed and enforced in accordance with the laws of the State of Tennessee.

18.Severability. Should any provision of this Agreement be determined to be invalid, illegal or unenforceable by a court of competent jurisdiction, then such provision shall automatically be amended so as to make it valid, legal and enforceable but keeping it as close to its original meaning as possible. The invalidity, illegality or unenforceability of any provision shall not affect in any manner the other provisions herein contained, which remain in full force and effect.

19.Compliance with Law. In performing under this Agreement, all applicable governmental laws, regulations, orders, and other rules of duly-constituted authority will be followed and complied with in all respects by both parties.

EXHIBIT A.
STANDARDS OF SERVICE

Standards of Service for Clients is BetterCare’s requirements upon Clients regarding their use of BetterCare Booking service and treatment of Caregivers.

FOR SERVICE TO COVER DAYCARE LAPSES (1-4);
FOR SERVICE TO COVER OTHER LAST-MINUTE NEEDS (5-8)

A Client must be home no later than fifteen minutes after their school’s closing time, or never later than 6:15PM. There will be a charge of $10/minute for every minute after this. Caregivers are aware of the closing time of each school and the cutoff time of 6:15PM.
Client understands the following parameters of service regarding time. These parameters/scenarios may seem confusing if you are not presently in them. This is best referred to in your time of need after you have triggered your service, so you can find your scenario, and know what to expect.

When it is during school hours and a Client requests either same day or next day coverage, Caregivers are expected to respond within 15 minutes.
Caregiver will arrive to the child’s school (or home) within one hour of receiving instructions from the Client during school hours, for same-day coverage—this is within the time limit preschools prefer, and also gives the Caregiver time to travel to the school from their part of town.
If a Client requests coverage after 9PM any night, it may be the following morning before a Caregiver is secured, but a response should be given by the Caregiver starting at 7AM on weekdays and before 9PM the following day on weekends.
If a Client requests coverage after 9PM and a Caregiver accepts the job and the Client confirms, that night, the Caregiver has been selected, the Caregiver is not expected to arrive at the Client’s home earlier than 30 minutes after the opening time of their school. But Caregivers may tell the Client they can arrive earlier.
If a Client requests coverage after 9PM and a Caregiver accepts the job the following morning, the Caregiver is not expected to arrive until one hour after the opening time of the Client’s school. But Caregivers may tell the Client they can arrive earlier.
If Caregiver agrees, before 9PM, to next-day service, Caregiver is not expected to arrive at the Client’s home earlier than 30 minutes after the opening time of their school. But Caregivers may tell the Client they can arrive earlier.
When it is after school hours (and weekends) and a Client requests either same day or next day coverage, Caregivers are expected to respond within 2 hours, unless after 9PM.

The agreed rate of payment for Caregivers is $18 an hour. The clock for Caregivers on same-day coverage begins when they accept a position with a Client and their initial “YES” text to parents. Every minute after this is on the clock, and because this time is initiated through a text message the time is documented for all parties to reference. For scheduled next-day coverage the clock starts when the Caregiver begins driving to the Client’s residence. If a Client receives service for less than three hours, Client agrees to pay the Caregiver a 3-hour minimum at the agreed rate of payment. Payments acceptable are Venmo, CashApp, cash, or any other form of payment the Caregiver consents to, although we have advised them not to accept checks.
Because of the niche of this service we understand most parents will ask their Caregiver to pick their child up from school. We can put a carseat in your preschool on your behalf. The car seat we supply meets the National Highway Traffic Safety Administration requirements and is certified to Federal Motor Vehicle Safety Standards. As a courtesy to Caregivers we direct them toward installation tutorials for that particular car seat, but we do not supervise their training (please see LIMITATIONS OF SERVICE, “e”, page 5 of Enrollment Agreement). Then they can use a car seat they are familiar with. Parents are responsible for returning the car seat to their school the following business day. THIS IS CRITICAL FOR CLIENTS TO COMPLETE.
Operating hours are 7AM-6:15PM. When triggering service between these times, Caregivers are expected to respond within 15 minutes.
Client must be home no later than 6:15PM. There will be a charge to the Caregiver of $10/minute, for every minute after this.
Client understands the following parameters of service regarding time. These parameters/scenarios may seem confusing if you are not presently in them. This is best referred to in your time of need after you have triggered your service, so you can find your scenario, and know what to expect.

When it is during operating hours and a Client requests either same day or next day coverage, Caregivers are expected to respond within 15 minutes.
Caregiver will arrive to the child’s home within one hour of receiving instructions from the Client for same-day coverage.
If a Client requests coverage after 9PM any night, it may be the following morning before a Caregiver is secured, but a response should be given by the Caregiver starting after 7AM on weekdays and before 9PM the following day on weekends.
If a Client requests coverage after 9PM and a Caregiver accepts the job and the Client confirms, that night that the Caregiver has been selected, the Caregiver is not expected to arrive at the Client’s home earlier than 7:30AM. But Caregivers may tell the Client they can arrive earlier.
If a Client requests coverage after 9PM and a Caregiver accepts the job the following morning, the Caregiver is not expected to arrive until 8AM, or until one hour after the Client and Caregiver are connected. But Caregivers may tell the Client they can arrive earlier.
If Caregiver agrees, before 9PM and outside operating hours, to next-day service, Caregiver is not expected to arrive at the Client’s home earlier than 7:30AM. But Caregivers may tell the Client they can arrive earlier.
When it is after operating hours (and weekends) and a Client requests either same day or next day coverage, Caregivers are expected to respond within 2 hours, unless after 9PM.

8) The agreed rate of payment for Caregivers is $18 an hour. The clock for Caregivers on same-day coverage begins when they accept a position with a Client and their initial “YES” text to parents. Every minute after this is on the clock, and because this time is initiated through a text message the time is documented for all parties to reference. For scheduled next-day coverage the clock starts when the Caregiver begins traveling to the Client’s residence. If a Client receives service for less than three hours, Client agrees to pay the Caregiver a 3-hour minimum at the agreed rate of payment. Payments acceptable are Venmo, CashApp, cash, or any other form of payment the Caregiver consents to, although we have advised them not to accept checks

Standards of Service for Caregivers is BetterCare’s commitment to give clients BetterCare’s best effort in supplying service and peace of mind to all Clients. All on-call Caregivers agree to BetterCare’s Standards of Service where applicable to their role as a Caregiver.

BetterCare On-Call Caregivers agree to BetterCare’s Standards of Service: giving Clients their best efforts to partner with BetterCare in maximizing the Client’s time, ensuring coverage for Clients, and meeting Client’s individual needs.

BetterCare gives best efforts to:

● Maximize Client’s time at their job by connecting Caregivers to Clients in a timely and efficient manner.

● Ensure coverage for Clients within the time parameters established in Client Standards of Service.

● Connect Clients with Caregivers to care for children in a kind, gentle, developmentally appropriate way.

● Meet Client’s needs for childcare coverage through unique memberships.

● Help Clients at work through last-minute childcare coverage when daycare isn’t an option.

Caregivers commit to professional excellence as defined by BetterCare.

Commitment to Professional Excellence...

This Commitment to Professional Excellence is designed to encourage accountability, responsibility, professionalism and a commitment to respect and kindness among on-call Caregivers.

The following applies to all Caregivers on the BetterCare on-call list. Caregivers agree to:

➢ Maintain high standards of professional conduct.

➢ Respect and support families in their task of nurturing children.

➢ Provide friendly, courteous service.

➢ Show up on time.

➢ Protect the Client's family’s privacy and protect children’s privacy by refraining from posting their pictures on social media unless prior discussion/approval is obtained.

➢ Welcome and consider other sponsored training and courses proposed by BetterCare.

➢ Value the dignity of every person, pursue the truth, and engage with ethical and equal treatment of others, making no malicious or intentionally false statements.

➢ Awareness of the importance of maintaining the respect and confidence of BetterCare, Client’s and Client’s family members.

➢ Follow federal and state laws and regulations, including reporting child abuse.

CAREGIVER ENROLLMENT AGREEMENT

Whereas, Company operates a booking service (“BetterCare Booking Service”) that serves to connect child care service providers to families in need of child care (“Clients”), so that such service providers can provide in-home child care services (“Services”), with a special focus on unplanned, in-home child care services for children required to leave their normal care facility for physical or behavioral health issues; and

Whereas, Caregiver desires to be listed as a service provider so that Caregiver may be engaged by Clients through the BetterCare Booking Service to provide Services to Clients;

Now, therefore, for an in consideration of the mutual covenants contained herein, and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties agree as follows:

1. Effective Date. This Agreement shall become effective as of the date of the last signature executed below on agreement when received by email to the Client to sign as part of the onboarding process.

2. Duration of Agreement. Either party may terminate this Agreement at any time upon ten (10) days written notice to the other party for any reason. Company reserves the right to terminate this Agreement without notice in the event that Caregiver violates Company’s Standards of Service, as set forth in Exhibit A attached hereto.

3. Covenants and Warranties of Caregiver. Provider hereby warrants and represents to Company the following:

(a) Caregiver is over eighteen (18) years of age.

(b) Caregiver has not been convicted of any felony criminal offense, or been subject to an injunction or required to pay damages in a civil action relating to violence, harassment, or negligent care.

(d) Caregiver is competent to provide safe and responsible in-home child care for children.

(e) Caregiver shall comply with the Standards of Service Guidelines set forth in Exhibit A attached hereto.

(f) Caregiver shall consent to a background check pursuant to the Authorization and Consent Form attached as Exhibit B hereto.

(g) Caregiver either has a Child and Baby First Aid/CPR/AED Certification (“Certification”) from Red Cross or a similar certifying entity.

(h) Caregiver acknowledges that in their work for Clients, they may be provided with confidential information regarding the children in their care as well as Clients and other family members. Additionally, by virtue of Caregiver’s position providing in-home care, Caregiver may have access to other confidential information in Clients’ homes. Caregiver agrees that all information concerning children, parents, or other family shall be confidential and shall not be disclosed to or discussed with anyone other than those otherwise authorized to receive such information, unless such disclosure is required by law. Further, Caregiver agrees not to access, extract, seek, or otherwise secure any confidential information not required in the course of their work as a child care services provider.

(i) Caregiver shall maintain availability during those time periods in which Caregiver has agreed be on-call for Clients with the BetterCare Booking Service. Caregiver’s initial on-call availability shall be set forth in writing in Exhibit C, but may be changed with five (5) days written notice to Company as Caregiver’s schedule requires.

(j) Except in the case of a medical emergency, Caregiver shall not transport Clients’ child(ren) in an automobile or other motor vehicle without prior written authorization from Company and Client. Prior to Company granting authorization for Caregiver to provide vehicular transport, Caregiver shall provide Company with proof of (i) a valid driver’s license; and (ii) automobile insurance providing coverage for all passengers, including passengers transported for work, in a form reasonably satisfactory to Company in Company’s sole discretion.

4. Covenants and Warranties of Company. Company hereby warrants and represents to Caregiver the following:

(a) Company shall list Caregiver as a potential in-home child care provider to Clients through its BetterCare Booking Service; provided, however, that Company provides no guarantee of minimum hours worked for Clients through such listing.

(b) Company shall keep all personal information provided by Caregiver in this Agreement and its exhibits confidential; provided, however, that Company may share the following information with Clients:

Caregiver’s name;
Caregiver’s preferred contact information (phone and email) as provided in Exhibit C attached hereto;
Caregiver’s Certification status;
That Caregiver’s background check was clear;
Caregiver’s driver’s license;
Caregiver’s social media profile; or
As required by law.

5. Compensation. Company shall pay no compensation to Caregiver. As a part of the BetterCare Booking Service, payment for services is made between Client and Caregiver at a fixed minimum rate. Client’s failure to pay for such services, in part or in full, shall be resolved between Caregiver and Client; provided, however, that should a Client fail to make such payment, Caregiver shall notify Company, and Company may, but shall not be obligated to, take remedial action against Client by terminating their subscription to the BetterCare Booking Service.

Caregiver shall pay to Company an enrollment fee of $15.00 on or before the Effective Date of this Agreement. The purpose of this fee is to cover Company’s expenses in conducting a background check. This obligation shall survive the termination of this Agreement.

6. Non-Employment Relationship. Caregiver is not an employee, agent, partner, joint venture, or independent contractor of Company. Company only serves to provide a booking service whereby Caregiver is connected with Clients. While Company has a Standards of Service Guidelines set forth in Exhibit A which Caregiver agrees to comply with, the ultimate scope of services provided by Caregiver are determined by the Clients and Caregiver. Company pays no compensation to Caregiver, and is not responsible for withholding FICA or taxes of any kind. Any such withholding required shall be the responsibility of Client and Caregiver. Caregiver is not entitled to receive the benefits to which employees of Company are entitled, and is not entitled to receive and shall not be entitled to receive workers compensation, unemployment compensation, medical insurance, life insurance, paid vacations, paid holidays, pension, profit sharing, or Social Security on account of its services to Company.

7. Hold Harmless. Caregiver’s provision of Services to Clients booked through the BetterCare Booking Service shall be performed entirely at Caregiver’s risk. Caregiver understands that the BetterCare Booking Service is focused on connecting child care service providers and Clients for Clients needing child care services for children suffering from illness or other health problems. Caregiver accepts the risks inherent in providing such services. Caregiver agrees to hold harmless and indemnify Company for any and all liability or loss arising in any way out of the performance of this Agreement and any services Caregiver offers to Clients connected to Caregiver through Company.

8. Non-Competition/Non-Solicitation Covenants of Contractor. In consideration of Caregiver’s use of the BetterCare Booking Service to connect with Clients, Caregiver acknowledges and agrees that upon termination of this Agreement, Caregiver shall not call upon, solicit, service, interfere with, or divert in any way any Clients with whom Caregiver was connected by Company within a 100 mile radius of Nashville, Tennessee for the provision of Services during Daycare Hours for a period of three (3) years following the termination of this Agreement.

9. Complete Agreement. It is expressly understood and agreed that this Agreement contains the entire agreement between the parties and that, except as herein noted, there are no oral or collateral conditions, agreements, or representations, all such having been incorporated and resolved into this agreement.

10. No Waiver. The failure of either party to this Agreement to insist upon the performance of any of the terms and conditions of this Agreement, or the waiver of any breach of any of the terms and conditions of this Agreement, shall not be construed as subsequently waiving any such terms and conditions, but the same shall continue and remain in full force and effect as if no such forbearance or waiver had occurred.

11. Notices. Any notice provided for or concerning this Agreement shall be in writing and shall be deemed sufficiently given when sent by certified or registered mail if sent to the respective address of each party as set forth at the beginning of this Agreement, or by electronic mail if sent to the following addresses:

Company: See contact information on signature page in the document for signature emailed to Client as part of the onboarding process following initial payment.

Caregiver: See contact information on signature page in the document for signature emailed to Client as part of the onboarding process following initial payment.

12. Default. In the event of default under this Agreement by Caregiver, Company may remove Caregiver from its list of service providers with the BetterCare Booking Service.

Further, in the event of a default under this Agreement, the defaulting party shall reimburse the non-defaulting party for all costs and expenses reasonably incurred by the non-defaulting party in connection with the default, including reasonable attorney’s fees. Additionally, in the event a suit or action is filed to enforce this Agreement or with respect to this Agreement, the prevailing party shall be reimbursed by the other party for all reasonable costs and expenses incurred in connection with the suit or action.

13. Amendment and Assignment. Except as specifically provided otherwise herein, this Agreement may be amended only by a writing signed by both parties hereto. This Agreement, and the rights and obligations hereunder, shall not be assigned by Contractor.

14. Applicable Law. This Agreement shall be construed and enforced in accordance with the laws of the State of Tennessee.

15. Severability. Should any provision of this Agreement be determined to be invalid, illegal or unenforceable by a court of competent jurisdiction, then such provision shall automatically be amended so as to make it valid, legal and enforceable but keeping it as close to its original meaning as possible. The invalidity, illegality or unenforceability of any provision shall not affect in any manner the other provisions herein contained, which remain in full force and effect.

16. Compliance with Law. In performing under this Agreement, all applicable governmental laws, regulations, orders, and other rules of duly-constituted authority will be followed and complied with in all respects by both parties.

17. Contingent Upon Background Check. Company’s obligation to enroll Caregiver and list Caregiver as a service provider with the BetterCare Booking Service shall be expressly contingent upon the Caregiver’s background check contemplated by Section 3(f) and Exhibit B attached hereto having no history of felony convictions.

EXHIBIT A
CAREGIVER STANDARDS OF SERVICE

Standards of Service is BetterCare’s commitment to give clients BetterCare’s best effort in supplying service and peace of mind to all Clients. All on-call Caregivers agree to BetterCare’s Standards of Service where applicable to their role as a Caregiver.

A Client must be home no later than fifteen minutes after their school’s closing time, or never later than 6:15PM. There will be a charge of $10/minute for every minute after this. Caregivers can find the school hours for each Client on the Client Profile.
The agreed rate of payment for Caregivers is $18 an hour. The clock for Caregivers on same-day coverage begins when they accept a position with a Client and their initial “YES” text to parents. Every minute after this is on the clock, and because this time is initiated through a text message the time is documented for all parties to reference. For scheduled next-day coverage the clock starts when the Caregiver begins driving to the Client’s residence. If a Client receives service for less than three hours, Client agrees to pay the Caregiver a 3-hour minimum at the agreed rate of payment. Payments acceptable are Venmo, CashApp, cash, or any other form of payment the Caregiver consents to. We do not advise accepting checks.
Caregiver understands the following parameters of service regarding time. Here is the most important part: If you’re on call, be awake between 6:30AM-6:15PM. These parameters/scenarios may seem confusing, but it is important you read through. Client’s are aware of these terms and agree to them and will refer to these points each time they are connected to a Caregiver, and they will expect these parameters to be followed by Caregivers. Again, if you are awake between 6:30AM-6:15PM the days you are on-call, you’re well on your way to success. We’ve bolded the most relevant information to you.

When it is during operating hours (6:30AM-6:15PM, Monday-Friday) and a Client requests either same day or next day coverage, Caregivers are expected to respond within 15 minutes.
Caregiver will arrive to the child’s school (or home) within one hour of connecting with the parent for same-day coverage—this is within the time limit preschools require, and also gives the Caregiver time to travel to the school (or home) from their part of town. Parents may not always need the Caregiver to arrive within one hour.
If a Client requests coverage after 9PM any night, it may be the following morning before a Caregiver is secured, but a response should be given by the Caregiver by 7:15AM on weekdays and before 9PM the following day on weekends.
If a Client requests coverage after 9PM and a Caregiver accepts the job and the Client confirms, that night, the Caregiver has been selected, the Caregiver is not expected to arrive at the Client’s home earlier than 7:30AM. But Caregivers may tell the Client they can arrive earlier.
If a Client requests coverage after 9PM and a Caregiver accepts the job the following morning, the Caregiver is not expected to arrive until 8AM, or one hour after accepting the job. But Caregivers may tell the Client they can arrive earlier.
If Caregiver agrees, before 9PM, to next-day service, Caregiver is not expected to arrive at the Client’s home earlier than 7:30AM. But Caregivers may tell the Client they can arrive earlier.
When it is after operating hours (6:15PM-6:30AM, and weekends) and a Client requests either same day or next day coverage, Caregivers are expected to respond within 2 hours, unless after 9PM.

BetterCare gives best efforts to:

● Maximize Client’s time at their job by connecting Caregivers to Clients in a timely and
efficient manner.

● Ensure coverage for Clients within the time parameters established in Client Standards of Service.

● Connect Clients with Caregivers to care for children in a kind, gentle,
developmentally appropriate way.

● Meet Client’s individual needs for childcare coverage through unique memberships.

● Help Clients at work through last-minute childcare coverage when daycare isn’t an option.

Caregivers commit to professional excellence as defined by BetterCare.

Commitment to Professional Excellence...

This Commitment to Professional Excellence is designed to encourage accountability, responsibility, professionalism and a commitment to respect and kindness among on-call Caregivers.

The following applies to all Caregivers on the BetterCare on-call list. Caregivers agree to:

➢ Maintain high standards of professional conduct.

➢ Respect and support families in their task of nurturing children.

➢ Provide friendly, courteous service.

➢ Show up on time.

➢ Protect the Client's family’s privacy and protect children’s privacy by refraining from
posting their pictures on social media unless prior discussion/approval is obtained.

➢ Welcome and consider other sponsored training and courses proposed by BetterCare.

➢ Value the dignity of every person, pursue the truth, and engage with ethical and equal
treatment of others, making no malicious or intentionally false statements.

➢ Awareness of the importance of maintaining the respect and confidence of BetterCare,
Client’s and Client’s family members.

➢ Follow federal and state laws and regulations, including reporting child abuse.