Swim Instructor Member Addendum

Last Updated: May 17, 2021

This Swim Instructor Member Addendum (this “Addendum”) is an addendum to the Terms of Use Agreement (the “Terms”) between you and Swim Cow, and sets forth additional terms and conditions that are applicable to your use of the Platform. Capitalized terms used herein but not defined have the meaning set forth in the Terms.

MODIFICATIONS

Swim Cow reserves the right, in its sole discretion, to modify this Addendum, and any other documents incorporated by reference herein, at any time and without prior notice. Swim Cow will notify you of changes by posting on the Platform, sending you a message, and/or otherwise notifying you when you are logged into your account. Modifications will become effective ten (10) days after the earliest of: (a) modifications being posted on the Platform; (b) Swim Cow’s transmission of a message to you about the modifications; or (c) you are otherwise notified when you are logged into your account. Your use of the Platform after the expiration of the ten (10) days shall constitute your consent to the changes. If you do not agree, you may not access or use the Platform.

ELIGIBILITY, SWIM INSTRUCTOR MEMBER REPRESENTATIONS, WARRANTIES, AND USE OF THE PLATFORM

Swim Cow is not in the business of providing Swim Lessons. You understand and agree that by creating and maintaining an account on the Platform, they receive only the ability to use the Swim Cow Platform to access persons interested in receiving Swim Lessons, including but not limited to the ability to message those persons or schedule appointments, which facilitate the provision of Swim Lessons. For example, Customer Members may use the Platform to intentionally interact with you regarding Swim Lessons. You understand and agree that using the Platform does not guarantee that anyone will engage them for Swim Lessons.

You understand and agree that you are an independent contractor, and are not a Swim Cow employee, joint venturer, partner, or agent. You acknowledge that you set or confirm your own prices, provide your own Required Materials, and determine your own work schedule. Swim Cow does not control, and has no right to control, the services you provide (including how you provide such services) if you are engaged by a Customer Member or any other person, except as specifically noted herein.

Swim Cow, as permitted by applicable laws, obtains reports regarding Swim Instructor Members, which may include history of criminal convictions or sex offender registration, and we may limit, block, suspend, deactivate, or cancel your account based on the results of such a check. As a Swim Instructor Member, you agree and authorize us to use your personal information, such as your full name and date of birth, to obtain such reports from Swim Cow’s vendors.

By registering or using the Platform to offer, post, or provide Swim Lessons, you represent and warrant that you (and any employees, agents, contractors, and subcontractors who may perform work for you): (a) are properly and fully qualified with at least two (2) seasons of swim instruction experience; (b) have access to reliable transportation; (c) have an active CPR/First Aid certification; (d) can provide the Required Materials; and (e) are licensed, certified, bonded, and insured as required by applicable laws or regulations to which you may be subject in the jurisdiction(s) in which you offer or provide Swim Lessons. For purposes of meeting applicable insurance requirements, you agree to pay an annual fee to Swim Cow in order to be covered under, and be named on, Swim Cow’s insurance policies. The amount of such fee amount shall be set annually by Swim Cow at its sole discretion, and shall be due annually at the beginning of each season or the date of your first payment from Swim Cow, whichever comes first. Swim Cow may deduct the amount of such fee from any payment owed to you by Swim Cow. You otherwise agree to comply with all applicable laws in your use of the Platform and your use of any personal information (including Personally Identifiable Data) obtained from the Platform.

FEES, PAYMENTS, AND REFERRAL BONUS

Platform Fee.  In connection with Swim Cow facilitating the Swim Lessons that you provide to Customer Members and maintaining the Platform, you agree to pay Swim Cow (and permit Swim Cow to retain) fees based on each transaction in which you provide Swim Lessons (the “Platform Fee”). The Platform Fee shall be a set amount for each Swim Lesson as set forth in the table below. For your convenience, Swim Cow may collect the Platform Fee from Customer Members on your behalf to offset your payment of such fees to Swim Cow. Applicable Platform Fees may be updated from time to time subject to the Modifications provisions above. In addition, Swim Cow may charge you other fees on a one-time, recurring or periodic basis. The amount of such fees may vary by market or other factors and shall be communicated to you in advance of incurring the fee.

Payments.  All payments made pursuant to this Addendum shall be made pursuant to the payment terms set forth under “FEES, PAYMENTS, AND TAXES” in the Terms.

Bonuses.  You may be eligible to receive bonus payments as set forth below:

$25 for New Customer Member Referrals: If a new Customer Member purchases a package of 12 or more Swim Lessons (a “Lesson Package”) and mentions you as a referral, you will receive $25.

$25 for Existing Customer Member Reorders: If an existing Customer Member for whom you completed a Lesson Package purchases an additional Lesson Package, you will receive $25.

$45 for Lesson Package Completions: For every three Lesson Packages you complete (whether to a single Customer Member or multiple Customer Members), you will receive $45.

$20 for Swim Instructor Member Referrals: If a person signs up to be a Swim Instructor Member and mentions you as a referral, then upon completion of such person’s first Lesson Package you will receive $20. 

Earned bonuses will first be used to offset any Platform Fees currently due and owing by you to Swim Cow, and any remaining bonus amount will be paid to you in the normal course of Swim Cow’s business within sixty (60) days following the date on which such bonus is earned.

No Additional Amounts.  You acknowledge and agree that, for the mutual benefit of the parties, through advertising and marketing, Swim Cow and its affiliates may seek to generate additional demand for your Swim Lessons from new and existing Customer Members. You acknowledge and agree such advertising or marketing does not entitle you to any additional monetary amounts beyond the amounts expressly set forth in the Terms or this Addendum.

USE OF PLATFORM

Booking.  When a Customer Member inquires with Swim Cow about purchasing Swim Lessons, Swim Cow will contact Swim Instructor Members within the Customer Member’s market to gauge interest. You must respond if you would like to commit to providing Swim Lessons as requested by the Customer Member. Swim Instructor Members will be chosen based on response time, experience, availability, proximity, and Customer Member reviews. If you respond and are selected to provide Swim Lessons to such Customer Member, you will receive the Customer Member’s contact information and will be responsible for scheduling the Swim Lesson date(s) and time(s) with the Customer Member. You are required to submit the agreed-upon schedule to the Customer Member using their preferred method of contact, and to Swim Cow via mobert@swimcow.com. Swim Cow makes no guarantee that you will be selected to provide Swim Lessons.

Rescheduling by Swim Instructor Members.  You may not cancel a Swim Lesson for any reason other than an emergency or unexpected illness. If you are unable to provide a Swim Lesson at the agreed-upon time due to an emergency or unexpected illness, you must notify Swim Cow via mobert@swimcow.com as soon as possible. If you have scheduled a Swim Lesson that you are unable to provide a Swim Lesson for any reason other than an emergency or unexpected illness, you must provide Swim Cow at least 2 weeks’ prior notice so that Swim Cow may attempt to reschedule the Swim Lesson(s) with the Customer Member or make arrangements for a substitute Swim Instructor Member.  If you are unable to provide any Swim Lesson without a valid reason and proper documentation, or if a Customer Member requests a new Swim Instructor Member s due to the Instructor’s inexcusable cancellations or reschedules, the Instructor will be assessed a 50% pay fine, and will be removed from Swim Cow’s contractor list.

Rescheduling by Customer Members.  If a Customer Member wants to cancel or reschedule a Swim Lesson, Swim Instructor Members should make alternative arrangements directly with such Customer Member. A Customer Member may cancel a Swim Lesson due to weather if it is cold and rainy, or if there is thunder and lightning, at the Swim Lesson location, but not because of light rain or hot weather.

Timeliness.  You must arrive to the agreed-upon Swim Lesson location at least 5 minutes prior to the scheduled Swim Lesson time. If you are late more than once during any package of Swim Lessons, Swim Cow has the right to reduce or refund the Swim Lesson Fee paid by the Customer Member, which will reduce the amount of such Swim Lesson Fee retained by you (including reducing such amount to $0). You should allow enough travel time to account for traffic and unforeseen delays, and must notify the Customer Member if you are running late or need to reschedule a Swim Lesson.

Required Materials; Attire.  You are responsible for providing your own equipment, including the Required Materials. You should not use any flotation devices such as armbands, life vests, or float swimsuits during the Swim Lesson, as they are not conducive to learning to swim. Swim Cow strongly encourages Swim Instructor Members to cover tattoos and remove, conceal or otherwise secure piercings.

Guarantee.  You understand that if a Customer Member purchases a Lesson Package, the Customer Member is entitled to a guarantee that following the completion of the Lesson Package the student will be able to (a) jump or fall into the pool, fully submerging, (b) turn around in the water, and then (c) kick up toward the surface and back to the pool edge. If at the conclusion of the Lesson Package the student is unable to complete the above tasks, you will be obligated to continue teaching the student thereafter for a 50% reduced Instructor Amount until the above objectives are met.

ACCOUNT TERMINATION

Termination by Swim Cow.  In addition to the applicable provisions of the Terms, any of the following are grounds for Swim Cow to reduce or return your Instructor Amount to a Customer Member, or to terminate your Account: (a) failure to provide the Required Materials; (b) failure to respond within 48 hours to Swim Cow or a Customer Member when a direct response is requested; (c) failure to provide any Swim Lesson without a valid reason and proper documentation; (d) a Customer Member cancels one or more Swim Lessons or requests a new Swim Instructor Member due to your tardiness, absence, or for any other reason caused by you; or (e) any breach of the representations, warranties, covenants or terms set forth in the Terms or this Addendum.