Vendor Terms

 

PAYMENT

Gathr takes 20% of each booking. Gathr agrees to pay Contractors at the following rates: 80% of service revenue received for the services performed.

Any payments to the Contractor will be made Net 30 after monies are received by Gathr, subject to clawback in the event of non-payment or refund.

Remaining active

The contractor agrees to host and/or organize one Gathr within 3 months of signing up to remain active with gathr, unless they actively received a booking through us. No membership fees will be charged.

Expenses

Contractor shall be responsible for all expenses incurred while performing services.

This includes automobile, truck, and other travel expenses; vehicle maintenance and repair costs; vehicle and other license fees and permits; insurance premiums; road, fuel, and other taxes; fines; radio, pager, or cell phone expenses; meals; and all salary, expenses, and other compensation paid to employees or contract personnel the Contractor hires to complete the work.

Independent Contractor Status

Contractor is an independent contractor, and neither Contractor nor Contractor's employees or contract personnel are, or shall be deemed, Gathr's employees. In its capacity as an independent contractor, Contractor agrees and represents, and Gathr as follows:

  • Contractor has the right to perform services for others while remaining active on Gathr.

  • Contractor shall select the routes taken, starting and quitting times, days of work, and order the work is performed.

  • Contractor has the right to hire assistants as subcontractors or to use

    employees to provide the services required, unless it is advertised that the Contractor themselves are the provider of the service.

  • The services required shall be performed by Contractor, Contractor's employees, or contract personnel, and Gathr shall not hire, supervise, or pay any assistants to help Contractor.

  • Neither Contractor nor Contractor's employees or contract personnel shall receive any training from Gathr in the professional skills necessary to perform the services required.

  • Neither Contractor nor Contractor's employees or contract personnel shall be required by Gathr to devote full time to the performance of the services required.

Business Licenses, Permits, and Certificates:

Contractor represents and warrants that Contractor and Contractor's employees and contract personnel will comply with all federal, state, and local laws requiring drivers and other licenses, business permits, and certificates required to carry out the services to be performed.

State and Federal Taxes

Gathr will not:

  • withhold FICA (Social Security and Medicare taxes) from Contractor's

    payments or make FICA payments on Contractor's behalf

  • make state or federal unemployment compensation contributions on

    Contractor's behalf, or

  • withhold state or federal income tax from Contractor's payments.


Contractor shall pay all taxes incurred while performing services —including all applicable income taxes and, if Contractor is not a corporation, self-employment (Social Security) taxes. Upon demand, Contractor shall provide Gathr with proof that such payments have been made.

FRINGE BENEFITS

Contractor understands that neither Contractor nor Contractor's employees or contract personnel are eligible to participate in any employee pension, health, vacation pay, sick pay, or other fringe benefit plan of Gathr.

employment Compensation

Gathr shall make no state or federal unemployment compensation payments on behalf of Contractor or Contractor's employees or contract personnel. Contractor will not be entitled to these benefits in connection with work performed.

Workers' Compensation

Gathr shall not obtain workers' compensation insurance on behalf of Contractor or Contractor's employees. If Contractor hires employees to perform any work, Contractor will cover them with workers' compensation insurance to the extent required by law and provide Gathr with a certificate of workers' compensation insurance before the employees begin the work.

insurance

Gathr shall not provide insurance coverage of any kind for Contractor or Contractor's employees or contract personnel. Contractor is encouraged to obtain and maintain insurance coverage while remaining active on Gathr.

Before commencing work, Contractor shall provide Gathr with proof of insurance.


public BACKGROUND CHECKS

We run a public check and receive instant reports on each individual through public State and Federal criminal records. Running background checks may help us identify past criminal conduct where records are available, they have constraints. The public checks we run do not guarantee that all past criminal offenses has been recognized or that an individual won’t commit an offense in the future.

Please note:

A. The scope of our search is limited

We only run checks on Contractors when we have at least the user’s first and last name plus date of birth. In addition, we are not conducting checks on additional help the Contractor hires. The Contractor is held responsible at its own expense on each of its employees or contractors engaged in providing services prior to the services being rendered.

While we aim to run checks periodically on active vendors, we may conduct these checks only once per vendor. We cannot guarantee that Contractors who provided us personal information gave us correct information that is accurate or belongs to them.

Lastly, we do not always check every state and county courthouse records and or other public databases.

B. Search results may be incomplete

The databases we search are not necessarily complete, and may not include reports of prior criminal activity. For example, not all criminal records are public in each state, not all criminal records are captured by the services we use, and convictions committed outside the United States where the check is run may not be included. Additionally, as determined by law, public records databases may be limited to records that took place a number of years back (for example, prior 7 years in certain U.S. states). We cannot ensure that the concise background checks we perform will identify all past criminal offenses or sex offender registrations by our listed vendors. In conclusion, guests and hosts should not rely solely on another user’s completion of a check as a full proof guarantee that the hired Contractor has no criminal history or other notable red flags.

C. Search results do not guarantee safety

Overall, while we aim to create vetting tools that will be useful to help protect our users and our community, public databases don’t always identify a Contractor’s past offenses and cannot guarantee that an individual won’t break the law in the future. Also, they are never a guarantee of safety or safer than any unknown person or stranger you may come across in any other way.

BACKGROUND CHECKS

We run a public check and receive instant reports on each individual through public State and Federal criminal records .

We may ask the contractor to run a full criminal background check. Contractor shall conduct a public check and/or a criminal background check at its own expense on each of its employees or contractors engaged in providing services prior to the services being rendered. No Contractor or Contractor’s employee shall be eligible to perform services for Gathr if he or she, (1) has been convicted of or was placed in a pre-trial diversion program for any crime involving dishonesty or breach of trust including, but not limited to, check kiting or passing bad checks; embezzlement, drug trafficking, forgery, burglary, robbery, theft, perjury; possession of stolen property, identity theft, fraud, money laundering, shoplifting, larceny, falsification of documents; and/or (2) has been convicted of any sex, weapons or violent crime including but not limited to homicide, attempted homicide, rape, child molestation, extortion, terrorism or terrorist threats, kidnapping, assault, battery, and illegal weapon possession, sale or use. If an extended check beyond a public check is asked, Gathr will send the Contractor a separate consent form. The Contractor can receive a copy and proof that the check has been run.

Indemnification

Contractor shall indemnify and hold Gathr, and its investors, officers, management and employees, harmless from any loss or liability arising from performing services.

RESOLVING DISPUTES

Upon checking and submitting our Agreement form, Contractor’s agree that if a dispute arises, both parties agree to resolve the dispute with the help of a mutually agreed-upon mediator in Cook County, IL. Any costs and fees other than attorney fees associated with the mediation shall be shared equally by the parties. If it proves impossible to arrive at a mutually satisfactory solution through mediation, the parties agree to submit the dispute to a mutually agreed-upon arbitrator in Cook County, IL. Judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction to do so. Costs of arbitration, including attorney fees, will be allocated by the arbitrator.

Confidentiality

Contractor acknowledges that it will be necessary for Gathr to disclose certain confidential and proprietary information to Contractor in order for Contractor to perform duties. Contractor acknowledges that disclosure to a third party or misuse of this proprietary or confidential information would irreparably harm Gathr. Accordingly, Contractor will not disclose or use, either during or after agreeing to the terms, any proprietary or confidential information of Gathr without Gathr's prior written permission except to the extent necessary to perform services on Gathr's behalf.

Proprietary or confidential information includes:

  • the written, printed, graphic, or electronically recorded materials furnished by Gathr for Contractor to use

  • any written or tangible information stamped “confidential,” “proprietary,” or with a similar legend, or any information that Gathr makes reasonable efforts to maintain the secrecy of

  • business or marketing plans or strategies, customer lists, operating procedures, trade secrets, design formulas, know-how and processes, computer programs and inventories, discoveries, and improvements of any kind, sales projections, and pricing information, and

  • information belonging to customers and suppliers of Gathr about whom Contractor gained knowledge as a result of Contractor's services to Gathr.

Upon termination of Contractor's services to Gathr, or at Gathr's request, Contractor shall deliver to Gathr all materials in Contractor's possession relating to Gathr's business.

Publicity

Gathr may use the Contractor’s name and/or likeness or use in advertising and other materials, with attribution to the Contractor’s website and other social media properties as appropriate. Likewise, Contractor may attribute and reference Gathr’s website and social media properties as appropriate in any social media, website, or other communication which any photographic images and videos or audio recordings related to a Gathr event. Contractor may give credit to Gathr when using any of our materials, photographs or creative.

No partnership

The agreement between the Contractor and Gathr does not create a partnership relationship. Contractor does not have authority to enter into contracts on Gathr's behalf.

Assignment & delegation

Contractor may not assign or subcontract any rights or delegate any of its duties without Gathr's prior written approval.