1.1 Account Information. To become a Provider, you are required to create and activate a Provider account with Laundry Bubble. Upon creation you will be asked to provide particular information which you represent, and warrant shall at all times be true, accurate, current and complete. It is your responsibility to update your information to ensure it remains true, accurate and complete. At any time, your information is untrue, inaccurate or incomplete, Laundry Bubble may, at its sole discretion, suspend or terminate your Provider account.
1.2 Provider Radius. When creating your account, you will be required to provide the particular area you are able to serve. Further, you will be required to set a distance and radius from that particular area for which you are able and willing to travel in order to fulfill orders (“Service Area”). You are not granted exclusive rights to any orders within your Service Area. Instead, you are given the opportunity to service those orders as they are provided to you by Laundry Bubble.
1.3 Information Accuracy and Completeness. In your account, you will be required to maintain true, accurate, current and complete payment information so as to receive payment for your fulfillment of orders. It is your duty to maintain your payment method to ensure it always is true, accurate, current and complete so as to accept payment. Laundry Bubble is not responsible for your failure or inability to receive payment if it relates in any way to any of the previously stated discrepancies associated with you or your payment method.
2.1 Provider Access and Permissions. As a Provider you are granted the permissions within the Laundry Bubble application and website specifically set forth below or as otherwise provided to you in writing in Laundry Bubble’s sole discretion:
1. Ability to view new order requests from customers.
2. Track and update the progress of current orders.
3. Enter key information pertaining to your orders, including without limitation: number of bags, total pounds and other services performed for a particular order, location, timeline for which customer expects or requests their order to be completed and returned to them., among others.
4. Update your account information including, without limitation: payment method, current address, phone number, email address, service radius, pickup, and delivery schedule, among others.
5. Request payment for completed orders (available feature 74 hours after order marked complete to account except for any customer claims of damage, destruction, failure to deliver, etc.)
6. View limited portions of a customer’s profile name, address and laundering preferences.
7. Communicate with a customer by contacting the particular customer’s profile.
8. Order more nylon bags or other supplies.
2.2 Active Provider Status. Your access to the Laundry Bubble application and website with these permissions and features is directly related to your continued status as an active Provider for Laundry Bubble. In the event your relationship with Laundry Bubble is terminated, your permissions and abilities will immediately be revoked and lost.
3.1 Provider Services. As a Provider you agree you shall provide the following to customers of Laundry Bubble (the “Services”):
You shall use your best efforts to promote Laundry Bubble’s laundry services, including cleaning, folding and delivering of clothes and related items (“Services”), maximize the sale of Services, and provide the best quality of Services possible. You shall provide a standard way of cleaning, folding, and delivering the customer’s clothes for all the customers you serve. If you receive a specific request regarding the way Services are provided from a customer, you shall strive to meet such requests unless the request is unlawful, immoral, or otherwise unable to be reasonably performed by you.
You shall complete pickup and delivery for all accepted orders within the date and time windows stated in the order details. The location of pickup/ delivery will be specified in the order details.
You shall not accept any forms of payment from the customer, excluding gratuities. Permitted Cancellation of Acceptance. You are obligated to carry out Services for all orders in your area during the duration of the Agreement less one of the following circumstances occurs;
1. Pickup/delivery location changes to a place outside of your Service Area,
2. The customer requests a service not included in the services advertised on the Laundry Bubble website, that you cannot accommodate,
3. You feel unsafe with the customer or customer’s location,
4. The order contains hazardous materials that may threaten the health, safety and wellbeing of you or any other person exposed to or who may be exposed to the contents of the order, or
5. An emergency arises relating to you or an immediate family member of yours.
6. The client cancels the order.
If one of the above circumstances occurs, you will contact Laundry Bubble. However, Laundry Bubble may request additional explanations and/or evidence of your claim warranting such cancellation. If you do not carry out services for any other circumstance that is not stated above, or Laundry Bubble reasonably believes that your claim, explanation, and evidence do not warrant the cancellation, and/ or Laundry Bubble is unable to reassign the order to another Provider, Laundry Bubble may charge you a fee of $20 for loss of business.
3.4 Order Cancellation. Notwithstanding the foregoing, you are not permitted to cancel any orders without cause if your cancellation occurs on or before 24 hours prior to the order’s scheduled pickup time. In the event you wish to cancel an order within 24 hours prior to the order’s scheduled pickup time, you shall be required to provide an explanation to Laundry Bubble. Laundry Bubble will review your explanation and within its sole discretion determine whether to assess you a $20 cancellation fee. You agree that in the event you are assessed a $20 cancellation fee that it shall be due immediately and in the event it is not paid Laundry Bubble may garnish your earnings from other orders until the cancellation fee is paid in full. Further, Laundry Bubble may suspend or terminate your account if there are repeated cancellations within the 24 hours prior to the order’s scheduled pickup irrespective of the validity of the explanations provided
3.5 Order Timeline. You agree to deliver an order back to a customer by the stated delivery date & time, provided in the order details, except in the following circumstances (“Return Delay Circumstances”):
1. The order is larger than 100 pounds in weight,
2. The order requires unexpected and additional processing for stubborn stains, extra drying time or other items or services either requested or approved by the customer which require additional processing time; or
3. Another time is requested by the customer and you are able to accommodate the new delivery date & time.
3.6 Late Delivery Fee. In the event none of the above exceptions apply and you do not return the order to the customer within the requested delivery date and time, timespan you will be assessed a $5 fee for each hour the order is not delivered (“Late Delivery Fee”). You are permitted to petition this Late Delivery Fee and provide evidence justifying your inability to deliver the order back to the customer within the stated time frame. Laundry Bubble will, in its sole discretion, determine whether to remove the Late Delivery Fee from your account balance or deny your petition and shall notify you in writing of its decision, which shall be final and binding.
3.7 Expected Performance Level. You agree that during your performance of any and all obligations and services set forth in this Agreement you will use your best efforts and will perform any and all obligations and services in an expedient, workmanlike and professional manner.
3.8 Rush Orders. (No ruch orders)
3.9 Lost and/or Damaged Items Claims. Any issue with an order shall be communicated to Laundry Bubble within 12 hours of receipt of said issue. Laundry Bubble shall investigate each claim of loss or damage to an item within a customer’s order. Upon completion of its investigation, Laundry Bubble will issue one of the following responses accompanied by any additional responsibilities you shall fulfill: 1. You will reprocess the damaged item(s) free of charge.
2. The customer shall be compensated for a replacement of the lost/damaged item(s) based on the National Fair Claims Guide from the International FabriBubble Institute (“IFI”) and the value of such items shall be deducted from your compensation until the value is returned to Laundry Bubble in full.
3. The customer’s claim is denied, and no compensation is issued. Review of any damage claim is conducted solely by Laundry Bubble and any and all decisions made during the review shall too be solely rendered by Laundry Bubble. The decision made by Laundry Bubble shall be final and binding.
3.10 Order Processing. You are responsible for maintaining the current status of any order you have. Prior to delivery, all services must be entered into the Ticket section of the mobile application. Services submitted for payment after an order has been delivered are considered late and may be rejected by Laundry Bubble. Upon completion and return of the order to the customer it is your responsibility to update the current status of the order to “Complete”. Only upon updating the status to “Complete” will you be permitted to make a request for payment from Laundry Bubble, consistent with the Payment Terms set forth in this Agreement.
4.1 Independent Provider/Contractor Status. You, as a Provider, at all times during the terms of this Agreement agree to perform services on behalf of the Laundry Bubble as an Independent Provider. No employer-employee relationship is created by this Agreement or the relationship between you and Laundry Bubble. You understand and agree that you are free to perform or provide services at any time and in any manner reasonably designed to fulfill the terms of this Agreement. Further, you are free to determine the best resources, methods, and tools to provide services and to determine how best to use those resources. You will provide your own equipment, supplies, and other materials at your own expense. You are also responsible for all expenses incurred in performing services under this Agreement.
4.2 No Authority. Your relationship with Laundry Bubble under the terms of this Agreement does not grant you authority or right to bind Laundry Bubble, to make representations or warranties on behalf of the Laundry Bubble, to accept service of process or receive notice on behalf of the Laundry Bubble, except as authorized in writing by the Laundry Bubble.
4.3 No Right or Claim of Benefits. You agree you will have no claim against the Laundry Bubble for any employee benefit of any kind, including without limitation, any retirement benefit, social security, workers’ compensation, disability, unemployment insurance, and any other insurance or benefit.
4.4 Tax Liability. Laundry Bubble will not deduct federal, state, or local withholding taxes of any kind from amounts paid to you. You acknowledge that you are solely responsible for the payment of any and all taxes arising from any payment under this Agreement. You agree to indemnify Laundry Bubble against any claims whatsoever for any tax or related liability.
5.1 Payment Terms. In consideration of the Services and your commitment to fulfilling your obligations under this Agreement, Laundry Bubble will pay you per Fully Processed and delivered order.
5.2 Acceptance of Payment. By accepting this agreement you agree to the payment disclosed in the new order details. Any and all payments made by the customer will be made to Laundry Bubble and paid through the use of the Laundry Bubble application or website. Accordingly, you are expressly prohibited from requesting or accepting any payment from a customer, except as stated in Section 3.3 of this Agreement with regard to gratuities.
5.3 How and When You Are Paid. Any and all money owed to you for the Services rendered will be paid to you by Laundry Bubble through the Laundry Bubble application or website. You may request payment from Laundry Bubble at any time once all of the following requirements have been met as they relate to the order you are seeking payment (collectively defined as a “Fully Processed Order”):
1. The customer has been charged for the order by Laundry Bubble; or they are classified as a commercial account with a weekly/monthly billing cycle.
2. The order status has been updated to “Complete” (meaning clothes/other washables are picked up from client, cleaned, folded, ironed (if applicable), and returned to the customer).
3. No issue or claim has been opened by the customer regarding the order within 48 hours of you returning the order (for example damage to an item or an item missing from the order).
5.4 Gratuity. All customer gratuities intended for you are paid to you through Laundry Bubble with applicable credit card processing fees deducted.
5.5 Deductions from Payment. You agree that Laundry Bubble is permitted to deduct from any payments owed to you, the following: reserve funds, any charge or expense paid by Laundry Bubble on your behalf, offset and/or chargeback damages, costs and/or liabilities for your failure to abide by the terms and conditions in this Agreement or for unsatisfactory work performance, as reasonably determined by Laundry Bubble, reimbursement for any customer loss, damage or injury arising out of your services under this Agreement. Laundry Bubble does not guarantee a certain dollar amount, volume of work, or an exclusive service area under this Agreement. In the event any of the above deductions are to be assessed to your payments, you will be provided with advance notice and explanation.
6.1 Term and Termination. This Agreement will commence on the Effective Date, and end when either Laundry Bubble or Provider terminates this Agreement in accordance with the following provisions:
1. Laundry Bubble, without any liability to Provider, may terminate this Agreement without notice.
2. Provider may terminate this Agreement upon providing fifteen (15) days’ advance written notice of the date of termination. Except under extenuating circumstances as determined by the Laundry Bubble, failure to give proper notice of termination will result in the loss of payments due to Provider.
6.2 Effect of Termination. Upon termination, Laundry Bubble will pay Provider for all payments which become payable within 30 days from the date of termination. Additionally, any and all permissions you have as a Provider will immediately cease with respect to any Confidential Information, Laundry Bubble intellectual property, and access or use of the Laundry Bubble application and website for purposes of further fulfilling the Services. Upon termination of this Agreement, all accounts or customers serviced by you shall solely remain the customers/property of Laundry Bubble.
7.1 Confidential Information. For purposes of this Agreement, the term “Confidential Information” means any information which is not generally known to the public and which gives Laundry Bubble a competitive advantage and/or in which Laundry Bubble has a proprietary interest. Some examples of Confidential Information include, without limitation, the identity of Laundry Bubble’s customers, prospective customers, providers, suppliers, vendors, consultants, marketing partners or potential marketing partners, preferred providers, and the terms and conditions of those relationships; sales information; Laundry Bubble goals, plans and projected plans; Laundry Bubble business model, methods, markets or target markets; methods and manner of providing Laundry Bubble’s services; client account information; commission rates; and trade secrets of the Laundry Bubble. Confidential Information includes any and all information that the Provider may possess, obtain or create at any time during or after this Agreement, whether revealed to or developed by or for the Provider. Confidential Information may be oral, written or any other form or media. Provider acknowledges that the Confidential Information is a valuable and unique asset of the Laundry Bubble and that the protection of the Confidential Information is vital to the Laundry Bubble’s business, goodwill and ability to compete in the marketplace.
7.2 Non-Disclosure. The Provider hereby agrees that s/he will not at any time during this Agreement or at any time following the termination of this Agreement, for any reason whatsoever, directly or indirectly, use, furnish, make accessible or otherwise disclose to any person, business, Laundry Bubble or any other entity Confidential Information except as may be necessary for the Provider to perform his/her services as provided under the terms of this Agreement. Provider will not use Confidential Information in any manner detrimental to Laundry Bubble and agrees to keep all Confidential Information strictly and absolutely confidential and take reasonable measure to ensure against disclosure of such information. Further, the Provider agrees to hold his/her employees, agents or representatives to the same confidentiality standards as the terms of this Agreement and take active measure to ensure non-disclosure by any person within Provider’s control. The Provider acknowledges and agrees that the Confidential Information is and will always be the sole property of Laundry Bubble.
7.3 Return of Laundry Bubble Confidential Information/Property. All Laundry Bubble property and all information or work product resulting from the Provider’s activities on behalf of the Laundry Bubble (collectively “Laundry Bubble Property”) remains the property of the Laundry Bubble at all times. Upon termination of this Agreement or at any other time upon request of the Laundry Bubble, the Provider will promptly deliver to Laundry Bubble all Laundry Bubble Property which is in the Provider’s possession or under the Provider’s control. Failure to return Laundry Bubble Property or return it in the same or similar condition in which it was given to the Provider may result in deductions in any fees due to Provider.
During the Term of this Agreement, you have the right to indicate to the public that you are an authorized affiliate (Provider) of Laundry Bubble. Nothing in this Agreement gives you any legal right, title or interest in Laundry Bubble’s trade/service marks, trade name or the like. Use of Laundry Bubble’s name or likeness is limited to approved marketing materials. This includes any and all digital and/or direct marketing/advertising. Upon termination of this Agreement or your account, whichever is the first to occur, you shall immediately lose your permission to use any Laundry Bubble trade/service marks, trade names or like Laundry Bubble branding in any public of businesslike manner.
Laundry Bubble retains the exclusive right to establish customer rates and fees for services provided under the terms of this Agreement. You are expressly prohibited from modifying these rates in any way. You agree you will not invoice, collect payment or respond to or settle any customer complaints about payment or fees. You must immediately report any customer complaint to Laundry Bubble. You acknowledge and agree you are solely responsible for any and all customer loss, damage or injury resulting from the services under this Agreement. You must immediately notify Laundry Bubble of any such claim or updates to such claims as they become known to you.
You acknowledge that all discoveries, concepts, ideas, inventions, innovations, improvements, developments, methods, designs, analyses, drawings, reports, patent applications, and copyrightable work (whether or not including any confidential information) and all registrations or applications related to that, all other proprietary information and all similar or related information whether or not patentable which relate to Laundry Bubble's actual or anticipated business, research and development or existing or future products or services and which are conceived, developed or made by Provider jointly with Laundry Bubble or its agents while under contract with Laundry Bubble, whether before or after the date of this Agreement ("Work Product"), belongs to Laundry Bubble unless otherwise agreed upon by the parties in writing. All intellectual rights and property are as a result of this Agreement assigned to Laundry Bubble for this joint work and services performed by you. You shall execute and deliver any and all instruments and documents to confirm such ownership as reasonably necessary.
The following terms shall have the definitions below: “Restricted Customer” means, during the contractual term, any person or entity whose account with Laundry Bubble was serviced by Laundry Bubble; and after the contractual term “Restricted Customer” will mean: any person or entity whose account with Laundry Bubble was serviced by Laundry Bubble during the last two years of Provider’s contractual term with Laundry Bubble.
You acknowledge that as a Provider of Laundry Bubble, you have and will acquire unique knowledge of the customers and operations of Laundry Bubble, and benefit from the same. Therefore, during the term of this Agreement and for a period of twenty-four (24) months after the termination of this Agreement (the “Restricted Period”), you will not, either directly or indirectly, on your own behalf or in the service or on behalf of others, solicit, divert, accept, or appropriate business or work, or attempt to solicit, divert, or appropriate business or work from Restricted Customers or any affiliates, subsidiaries of a Restricted Customer, unless otherwise agreed to in writing by all parties to this Agreement. Further, you shall not, either directly or indirectly, on your own behalf or in the service or on behalf of others, solicit, divert or hire, or attempt to solicit, divert, or hire any Laundry Bubble employee or Provider.
12.1 Work Performed at Own Risk. As a Provider, you will take all precautions necessary and will be responsible for the safety of the work as provided for under the terms of this Agreement. All work is done at Provider’s own risk.
12.2 Indemnification. You agree to indemnify and hold Laundry Bubble, its directors, members, and employees harmless from any and all claims, actions, damages and expenses and other liabilities or any demands whatsoever, including prejudgment interest, reasonable attorney’s fees and costs of litigation, arising out of or incidental to your acts, omissions, or misrepresentations in connection with this Agreement, the Services, your status as a Provider of Laundry Bubble, and/or any misrepresentations to prospective clients about Laundry Bubble’s Services. Provider will save and hold harmless Laundry Bubble from any and all liens for goods and any and all claims (including without limitation claims for wages, benefits, workers’ compensation coverage, etc.) made by any employee, Provider or other worker of the Provider used in performing services hereunder. Laundry Bubble shall not be liable for any consequential, incidental, indirect, special, exemplary or punitive damages such as, but not limited to, loss of revenue or anticipated profits or lost business, even if Provider has advised that such damages are possible.
Sections 7, 10, 11, 12, 13 and 14 shall survive and continue in full force in accordance with their terms notwithstanding the expiration or termination of the contractual term.
This Agreement supersedes any prior understandings, agreements or representations by or among the parties, written or oral, which may have related to the subject matter of this Agreement in any way. Parties acknowledge that all representations, obligations, agreements and conditions with respect to the subject matter of this Agreement are contained herein. Parties acknowledge that no representations, obligations, agreements or conditions, oral or otherwise, exist which are not stated in this Agreement.
The language used in this Agreement shall be deemed to be the language chosen by the parties hereto to express their mutual intent, and no rule of strict construction shall be applied against any party. Parties agree that all issues and questions concerning the construction, validity, enforcement and interpretation of this Agreement and the exhibits and schedules to this Agreement will be governed by, and construed in accordance with, the laws of the State of California. Parties agree to venue in both state and federal courts situated in Los Angeles County, California and waive all objections to inconvenience of forum. The provisions of this Agreement may be amended or waived only with the prior written consent of the Laundry Bubble and Provider, and no course of conduct or course of dealing or failure or delay by any party to this Agreement in enforcing or exercising any of the provisions of this Agreement (including, without limitation, the Laundry Bubble's right to terminate this Agreement) will affect the validity, binding effect or enforceability of this Agreement or be deemed to be an implied waiver of any provision of this Agreement.
Laundry Bubble, in any legal action brought by one party against the other and arising out of this Agreement will be entitled, in addition to any other rights and remedies it may have under the law and in equity, to reimbursement for its expenses, including court costs, and reasonable attorneys' fees. Whenever possible, each provision of this Agreement will be interpreted in such manner as to be effective and valid under applicable law, but if any provision of this Agreement is held to be invalid, illegal or unenforceable in any respect under any applicable law or rule in any jurisdiction, such invalidity, illegality or unenforceability shall not affect any other provision of this Agreement or any action in any other jurisdiction, but this Agreement shall be reformed, construed and enforced in such jurisdiction as if such invalid, illegal or unenforceable provision had never been contained in this Agreement. Neither Party will be responsible for any delay or failure to perform resulting from events beyond its reasonable control, including without limitation Acts of God, war, insurrection, labor disputes, floods, storms, outages and the like occurrences.
Laundry Bubble reserves the right to assign this Agreement to an affiliated, successor or any other Laundry Bubble, business or entity without notice. In the event this Agreement is assigned, all of the terms and conditions as provided for under the terms of this Agreement remain in full force and effect. This Agreement may not be assigned by the Provider.