PROAM SPORTS INDEPENDENT CONTRACTOR TERMS AND CONDITIONS
ProAm Sports provides a service (the “Service”) that allows its users (“Users”) to access ProAm Sports’ network of independent contractors (“you” or “Contractor”) willing to become referees for different sporting activities. You have access to the site to receive and review requests for service from the users and to determine their interest in as well as availability to respond to the requests.
Acceptance of ProAm Sports Services Agreement
These Terms and Conditions (“Terms” or “Agreement”) sets out the legally binding terms of the relationship between ProAm Sports and you. By registering to become a contractor, you accept and agree to be bound by the terms of this Agreement. Please read it carefully. By accessing the site, or becoming a contractor, you accept this Agreement and agree to the terms and notices contained herein.
At any time, ProAm Sports retains the right to modify this Agreement, and add additional terms, effective upon making the modified terms available on the site or by notifying you directly. You're responsible for regularly reviewing the Terms for any modifications. The continued access to and/or use of the site after any such modifications are made to this Agreement shall constitute your consent to such modifications.
You agree to keep the contact details (including your phone number, email address, and physical address) in your ProAm Sports Account current at all times.
The use of the site is permitted only to those who can form legally binding contracts under relevant law. Without limiting the foregoing, you are required to be at least 18 years old (or the age of legal majority in your jurisdiction and legally authorized to work in the U.S. to become a contractor). If you don't meet the criteria here, you may not register to become a contractor
Background Checks and Privacy Information
As part of your initial registration with ProAm Sports, you agree to execute a written consent for a background check immediately. Subject to a satisfying background check and agreement to the terms here, you will be eligible to use the site. You also agree to complete any ongoing background checks as may be dictated by ProAm Sports or a User. Failure to complete the initial or any ongoing background check processes may result into an inability to accept Requests and/or removal from the site. Note that to run your background check, ProAm Sports will ask for your social security number during the registration process. We may also share this social security number with our payment vendor, so as to verify your payment account as well as ensure the safety of your account.
By registering to become a contractor and accepting any Request, you agree to use your best efforts to perform any ProAm Sports Engagement such that the Service meets the requirements and specifications of the sporting activity. Once a contractor has accepted a Request, the Request will no longer be available for performance by other contractors who received such Request. By accepting any Request, you're entering into a binding legal agreement to provide the Service for the Payment stated in the Request. Don't accept any Request except you are certain that: (1) you understand what you're being required to deliver; (2) you can offer the Service identified in the Request; (3) you can deliver the Service within the stipulated time period; and if needed, you can get to and from the User’s location. Failure to deliver the Service timely in line with the user’s requirements and specifications will be a breach, resulting into non-payment. Furthermore, in the event of such a violation, you will be responsible for the payment of any additional fees or costs incurred from your failure to timely complete the Request in line with the user’s requirements.
Independent Contractor Relationship
No portion of this Agreement is intended or should be interpreted to create any joint venture, partnership, or employer-employee relationship between ProAm Sports and you or between the user and you. You will take no position regarding or on any tax return or application for benefits, or in any proceeding directly or indirectly involving ProAm Sports that is inconsistent with your being an independent contractor (and not an employee) of ProAm Sports. You are not the agent of ProAm Sports or the user ProAm Sports, and you're not authorized, and mustn't represent to any third party that you're authorized, to make any commitment or otherwise act on behalf of ProAm Sports or any user.
As an independent contractor, you're solely responsible for determining which Requests you'll choose to accept as well as how, when and where you'll provide the Service under this Agreement.
ProAm Sports does not restrict the contractor’s right to offer the service via other parties, including competitors of the ProAm Sports;
You acknowledge and represent that you can earn income from other sources; ProAm Sports doesn't guarantee you any minimum amount of Engagements on the site;
ProAm Sports doesn't provide a performance assessment for you, and doesn't oversee the actual work or instruct anyone as to how the work will be executed, or the technique or process you use to deliver the service;
ProAm Sports doesn't pay any salary or hourly rate but rather facilitates Requestor’s payment of the rate fixed by the Requestor;
ProAm Sports doesn't terminate the work during the term of this Agreement except you infringe on the terms of this Agreement or fail to deliver a result that meets the stipulations of the Agreement;
ProAm Sports doesn't provide training, tools, benefits, or expense reimbursement to any contractor
Benefits and Contributions
You're not entitled to or eligible for any form of benefits that ProAm Sports, its affiliates, parents, subsidiaries, or other associated entities may make available to its employees, including group insurance, profit-sharing or any retirement benefits. Because you are an independent contractor, ProAm Sports will not withhold, restrict or make payments for social security, make any unemployment insurance or disability insurance contributions, or get workers’ compensation insurance on your behalf. If, despite the foregoing, you're reclassified as an employee of ProAm Sports, or any affiliate of ProAm Sports (“Affiliate”), by the U.S. Internal Revenue Service, U.S.user Department of Labor, or any other federal, state, local or foreign court or agency, you consent that you'll not, because of such reclassification, be entitled to or even eligible for, on either a prospective or retrospective basis, any form of employee benefits under any plans or programs created or maintained by either the user and its affiliates, parents, subsidiaries, or associated entities or by ProAm Sports, its affiliates, parents, subsidiaries, or other associated entities.
You're solely responsible for filing all tax returns and submitting all payments as demanded by any federal, state, local, or foreign tax authority resulting from any payments to you under this Agreement, and you agree to do so timely. You'll comply with all applicable federal, state, local, and foreign laws governing the self-employed, including laws demanding the payment of taxes, such as income and employment taxes, as well as social security, disability and other contributions. You agree to indemnify ProAm Sports for the cost of any tax liabilities sustained by ProAm Sports for your failure to pay any applicable taxes in a timely manner.
On a regular basis, you may have access to confidential information while performing engagements that you receive via ProAm Sports. During the period of this Agreement and at all times afterwards, you'll (a) hold and handle all Confidential Information strictly in confidence and trust, (b) avoid using or allowing others to use Confidential Information in whatsoever way or for whatsoever purpose not expressly allowed or demanded by this Agreement, and (c) avoid disclosing or allowing others to disclose any Confidential Information to any third party without getting ProAm Sports’ express prior written permission on a case-by-case basis. “Confidential Information” refers to all information related to ProAm Sports’ or any user’s business (including with no limitation to trade secrets, technical information, marketing plans, business forecasts and strategies, user and supplier lists, financial data, personnel information, and proprietary information of third parties including users) that ProAm Sports and/or the user deems to be confidential or proprietary or which ProAm Sports has a duty to treat as confidential.
You'll protect the Confidential Information from any unauthorized use, access, or disclosure in the same way as you safeguard your own confidential or proprietary information of a related kind, and with nothing less than reasonable care.
Your obligations under this section will terminate regarding any specific information that you're able to prove, by clear and convincing evidence that, (a) you lawfully knew prior to ProAm Sports’ first disclosure to you, (b) a third party rightfully reveal to you free of any confidentiality duties or obligations, or (c) is, or owing to no fault of you has become, generally available to the public. In addition, you'll be allowed to disclose Confidential Information to the extent that such disclosure is expressly permitted in writing by ProAm Sports, or is demanded by law or court order, as long as you immediately notify ProAm Sports in writing of such required disclosure and cooperate with ProAm Sports, at ProAm Sports’ reasonable request and expense, in any lawful action to contest or limit the range of such required disclosure, such as filing motions and otherwise making any appearances before a relevant court.
Upon ProAm Sports’ request and upon any termination or expiration of this Agreement, you'll promptly (a) return to ProAm Sports or, if so directed by ProAm Sports, destroy all Confidential Information (in every medium and form), (b) permanently delete all electronic files containing or summarizing any Confidential Information, and (c) certify to ProAm Sports in writing that you've fully complied with the obligations herein.
You represent and warrant that you're not subject to any contract or duty that would be violated by entering into or carrying out your obligations under this Agreement, or any ProAm Sports Engagement, or that's otherwise inconsistent with any portion of this Agreement or any ProAm Sports Engagement.
Representations and Warranties
You represent and warrant that:
You've complete right, power, and authority to enter into and deliver under this Agreement without the permission of any third party (including any of your current or former employers);
You'll comply with all of the terms stated in this Agreement;
You'll fully conform to the user specifications, requirements, and any other terms of any ProAm Sports Request that you accept, and the Service delivered will be of professional and workmanlike quality;
You'll comply with all relevant laws, rules, and regulations in line with the performance of the Service under this Agreement;
Any worker that you may employ, utilize or otherwise retain to assist you with the performance of the Service under this Agreement is properly classified and treated under any relevant laws and will assist with the performance of the Service in a safe, lawful and workmanlike manner.
You will indemnify and hold harmless ProAm Sports and its affiliates, agents, and parents, from and against all damages, losses, liabilities, costs and other expenses (including attorney fees and costs regarding litigation) resulting out of a violation by you of any representation, warranty, or obligation in this Agreement, or resulting out of any negligent or intentional act or omission done by you, in line with the performance of any ProAm Sports engagement, which act or omission cuases any claim for damages against you, ProAm Sports and/or its affiliates, parents, employees or agents. ProAm Sports expressly denies any obligation to defend and/or indemnify you from and against any sort of third-party claims made against you resulting out of any negligent or intentional act or omission done by you regarding the performance of any ProAm Sports engagement.
You acknowledge and warrant that you are an independent contractor, not an employee of ProAm Sports. Therefore, you acknowledge and accept that you are not covered by any insurance that may be provided by ProAm Sports to its employees, including any health insurance, workers compensation insurance, general liability insurance, as well as automobile liability insurance. ProAm Sports requires that, as an independent contractor that you are, you maintain workers’ compensation or occupational accident insurance for which you're solely and exclusively responsible for. To be specific, in the event that you're injured while working in the course and scope of a ProAm Sports engagement, you acknowledge and accept that you'll not be covered by any workers compensation insurance coverage that ProAm Sports may provide to its employees. Furthermore, in the event that your actions result into an injury to a third party while you're working in the course and scope of performing an ProAm Sports Engagement or the Service, you acknowledge and accept that you'll not be covered by any general liability or automobile liability insurance coverage that ProAm Sports may have, and that ProAm Sports makes no commitment to defend and/or indemnify you in such situations, and particularly denies such obligation. If you don't provide proof of workers’ compensation or occupational accident insurance, you'll be charged a Trust and Safety Fee which will be paid towards ProAm Sports’ supplemental occupational accident insurance. By agreeing to the Terms herein, you're agreeing to pay this fee.
The site has been provided “as is" as well as "as available", and without any sort of warranties or conditions (express or implied, such as the implied warranties of merchantability, fitness for any purpose, correctness, title and non-infringement, arising by any statute or otherwise in law or from dealing or usage or trade). ProAm Sports disclaims all and make no sort of representations or warranties, express or implied, regarding the quality, reliability, or identity of any third party, or regarding the correctness of any content on the site by any third party. Some jurisdictions disallow for some or all the foregoing limitations on implied warranties, so to that highest degree, if any, some or all of the aforementioned limitations may not be applicable to you.
Limitation of Liability
In no event will ProAm Sports be liable for any consequential, exemplary, indirect, incidental, special, or punitive damages resulting our of or relating to this Agreement, including loss of profits, loss of goodwill, or loss of business opportunities, even if advised or warned of the possibility of such damages. ProAm Sports’ total cumulative liability in line with this Agreement, whether in contract or tort or otherwise, will not be more than the aggregate amount of payments owed by ProAm Sports for ProAm Sports engagements executed under this Agreement during the 12-month period before the occurrence of the first claim to result into any liability under this Agreement.
Term & Termination
This Agreement is for a period of 60 days, and is automatically and continuously renewed for additional 60-day period with continued use. In the event more than 60 days pass without you using the site, then your next use constitutes a renewal of this Agreement. ProAm Sports reserves the right to terminate your access to the site if you have not accepted a ProAm Sports Engagement in the previous twelve calendar months, if you materially breach the Agreement or any ProAm Sports Engagement, if you violate the law in connection with your use of the site (or in line with the performance of the Service) or if you have otherwise engage in conduct in using the site that ProAm Sports, based on sole discretion, believes in good faith to be detrimental to its business interests.
This Agreement and any action related therein will be governed, controlled, interpreted, and defined by and under U.S. laws, without giving effect to any conflict of law principles that demand the application of the law of another jurisdiction. Contractor and user hereby expressly consent to the personal jurisdiction and venue in the state and federal courts or the county in which the user’s main place of business is located entirely in case of any lawsuit filed there against a Contractor by user.
If any aspect of this Agreement is, for any reason whatsoever, held to be invalid or unenforceable, the other aspects of the Agreement will be unimpaired, while the invalid or unenforceable aspect will be deemed modified so that it's valid and enforceable to the highest extent permitted by law.
Any waiver or failure to implement any aspect of this Agreement on any occasion will not be deemed a waiver of any other aspect or of such aspect.
ProAm Sports is committed to maintaining your trust and confidence. Hence, we have described here how we gather and use the information about you that we get from you.
Information We Collect
Registration Data – When you sign-up to register on the site.
Feedback Forms – When you send feedback or reviews of any content found on site.
Surveys – When you complete any surveys or polls on the site
Opt-in Forms – When you expressly opt-in to receive special emails, communications, or correspondence from ProAm Sports or any of our partners.
Payment – When you make or accept a Request.
Usage Data – When you access or use any web page or portion of the site.
The information we collect may include your name, telephone number, address, email address, ZIP/postal code, credit card number and expiration date. So as to continuously enhance our services to you and tailor our future communications to you, we may ask that you provide us with information concerning your demographics, comments, professional interests.
How the Information is Used
Basically, ProAm Sports uses your information to understand your needs and provide you with improved services. We may use your information for a transaction or to personalize our site for your usage. If you permit, we may also use your information to update you on posts, happenings, updates and activities. Credit card numbers are for solely the processing of payment, and are not stored for any other purpose. Also, you are allowed to remove your name from our email mailing list at any time, if you want.
Correcting and Updating
You've the right to correct or update your registration data or any information we have about you by contacting us.
We may share your personal information with associated corporate bodies and our employees on a “need to know” basis. Also, we may disclose your personal information to contracted service providers for the purposes of operating our site or ProAm Sports’ business (including marketing), fulfilling your requests or otherwise providing our services to you. Our service providers include site hosting providers, IT system administrators, debt collectors, payment processors, and professional advisors, such as accountants, consultants, and lawyers.
We'll take reasonable steps to ensure our service providers protect personal information on our behalf. ProAm Sports never shares personal information with unaffiliated third parties, such as marketing, advertising, sponsors or partners. In the event ProAm Sports or its assets are sold, there is a likelihood that our customer, and user information will be one of the assets transferred, and by using our site, you afform your consent
We may also disclose your information to anyone or organization for any authorized purpose with your express permission.
ProAm Sports retains the right to use IP addresses and other tracking technologies to identify a user as well as disclose their personal information only when reasonably necessary so as to protect our site, users or the public from damage, harm or injury (either intentionally or not); to fortify compliance with our Terms, or to comply with the law or valid legal process.
ProAm Sports takes necessary steps to ensure the security of your personal information. We may hold your information in electronic or hard copy. We take all relevant technical and secure physical measures in protecting it from accidental or unlawful destruction, interference, misuse and loss, and from unauthorized access, change or disclosure.
Regularly, we may collect general, non-personal, statistical information about the use of the site such as tallying page views by users, the period of time spent on each page and tracking user traffic patterns in general. We collect this information via the use of “cookies” and other tracking technologies. A cookie is a small text file placed in the browser files of your computer. The cookie itself doesn't contain personal information (although it'll enable us to relate your site usage to information you’ve specifically and knowingly supplied). The only personal information a cookie can have is information you submit yourself.
We use tracking information to determine which parts of our site users like and don’t like based on traffic to those parts. We don’t track what individual users read, but rather how well each page performs generally. This enables us to enhance the site for users and continue building better services for you.
Since we don’t track the usage patterns of individual users, an advertiser or sponsor won't know that a particular user clicked their ads.
At any time, ProAm Sports may modify this policy by posting an updated copy on our site, and we advise that you check our site regularly to ensure that you are familiar with our most updated policy.