Consultant Agreement/Confidentiality, Non-Compete and Non-Solicitation Agreement

This Agreement confirms that, effective today that you are retained as an at-will consultant of The Sister Sitters, Inc. d/b/a in the position of a Nanny / Babysitter Consultant.

As an at-will employee, The Sister Sitters INC makes no express or implied commitment that your employment will have a minimum or fixed term, that The Sister Sitters INC may take adverse employment action only for cause or that your employment is terminable only for cause.  Either you or The Sister Sitters INC may terminate the employment relationship at any time for any reason.  Should you voluntarily terminate your employment with The Sister Sitters INC, you agree to provide The Sister Sitters INC with 72 hours advance notice of your desired termination date. Additionally, The Sister Sitters INC may take any other employment action at any time for any reason.  No one at The Sister Sitters INC may make, unless specifically authorized in writing by The Sister Sitters INC’s Chief Executive Officer and/or Board of Directors, any promise, express or implied, that your employment is for any fixed term or that cause is required for the termination of, or change in, the employment relationship.

Your job description: See addendum “A”

You will be compensated: See addendum “B”

In consideration of, and as a condition of employment with The Sister Sitters INC, and in consideration of the other rights and privileges of employment with The Sister Sitters INC, the undersigned makes this Agreement.  In so doing, the undersigned agrees that The Sister Sitters INC has a legitimate interest in preventing him or her from exploiting or appropriating the assets and goodwill of The Sister Sitters INC which have been created and maintained at The Sister Sitters INC’s expense.

For purposes of this Agreement:

(a)        “Confidential Information” means any and all information and material proprietary to The Sister Sitters INC or not generally known or available to the public in which The Sister Sitters INC has any interest or rights now or in the future, including without limitation The Sister Sitters INC 's business strategies, client lists, client evaluations, client information, agreement terms, databases and anything else that might be construed as proprietary or confidential in nature.  Confidential Information shall not include information and material (i) publicly available through no action by the undersigned, (ii) released by The Sister Sitters INC with a written waiver of confidentiality, (iii) lawfully obtained from third parties, or (iv) previously known or developed by third parties independently of The Sister Sitters INC and the undersigned, provided that such knowledge or development can be independently substantiated, and

(b)        “Termination” means termination or cessation of employment or other contractual relationship giving rise to the undersigned’s services on behalf of The Sister Sitters INC (for whatever reason or no reason and whether such termination or cessation occurs at your instance or at the instance of The Sister Sitters INC).

During the course of his or her employment, the undersigned may have access to, develop, or otherwise be exposed to or aware of Confidential Information.  Such Confidential Information must be kept strictly confidential.  Both during and after his or her Termination, the undersigned agrees: (a) to take every reasonable precaution to safeguard and treat the Confidential Information as confidential, (b) not to disclose the Confidential Information to any third party except as part and in furtherance of the business of the Company, and (c) not to disclose or use the Confidential Information in any manner that would not be in the interests of the Company.

For a period of one (1) year after the undersigned is no longer employed by The Sister Sitters INC, or such time as the undersigned ceases to provide services to The Sister Sitters INC as an independent contractor, as the case may be, the undersigned will not directly or indirectly engage in any business that competes with The Sister Sitters INC.  This covenant shall apply to the geographical area that includes the area within a forty-five (45) mile radius of Windermere Florida.

The undersigned agrees that, during his/her employment and for a period of one year after Termination, he/she shall not, directly or indirectly, including among others as a director, officer, employee, agent, partner or equity owner (except as owner of less than 1% of the shares of the publicly traded stock of a corporation) of any entity, solicit or contact with a view toward soliciting any past or present client of The Sister Sitters INC or prospective client of The Sister Sitters INC, the identity of whom was learned through his/her employment with The Sister Sitters INC, for purposes of offering services intended to compete with services offered to such clients by The Sister Sitters INC.

The undersigned further agrees, as a condition of continued employment, that for a period of one year after Termination, he or she will not induce or attempt to induce any employee, agent or consultant of The Sister Sitters INC or any subsidiary to terminate his or her employment or association with The Sister Sitters INC or any affiliates.

By execution of this Agreement the parties acknowledge that they regard the restrictions on confidentiality, solicitation and inducement activities contained in this Agreement as reasonable and compatible with their respective rights and expectations.  If, however, any of the restrictions shall for any reason be held by a court of competent jurisdiction to be excessively broad (including among others as to duration, geographical scope, activity or subject), such restrictions shall be construed so as to be limited or reduced to be enforceable to the extent compatible with applicable law.

The undersigned acknowledges that The Sister Sitters INC’s legal remedies for a breach of this provision shall be inadequate and that in addition to all other remedies available to it at law or in equity, The Sister Sitters INC shall be entitled to obtain injunctive relief to enforce this provision.  He or she also authorizes The Sister Sitters INC to provide a copy of this Agreement to any future employer of the undersigned so that such employer shall be aware of the undersigned’s obligations hereunder.

The undersigned further agrees that he/she has reviewed and understands the The Sister Sitters INC’s Hand Book, agrees to provide at least one service a month, and agrees to strictly adhere to the standards set forth therein.  In the event of any dispute arising under this Agreement, it is agreed that the law of Florida State shall govern the interpretation, validity and effect of this Agreement.

ADDENDUM A "JOB DESCRIPTION"

• Essentially you will become a nanny / sitter consultant when you join The Sister Sitter family. Your job is first and foremost making sure the children are in a safe environment, along with being fun, positive, and supportive. You are there to allow the children to be creative, and adventurous.

• Responsibilities:

  • Collaborate with the owners and families to ensure our top care is offered.

  • Supervise and monitor the safety of children.

  • Assist with light clean up after meals, toys, playroom, and bedroom.

  • Preparing meals, snacks, bottles, etc. for the kids.

  • Maintaining contact with the children's parents and contacting them in case of an emergency.

  • Engage children in age appropriate activities.

  • Assist families during their theme park visit (Disney, SeaWorld, Universal) by being an extra set of hands, changing diapers, exploring the park with younger children, etc. 

ADDENDUM B "COMPENSATION"

• 60% commission after each service provided for babysitting services (Occasional help or date nights). 

• 60-65% commission for full-time or part-time nanny services (Consistent hours with consistent families each week).

Non- Solicitation: As a consultant for The Sister Sitters, INC. I understand that I will be introduced to many families. I understand that I am NOT allowed to solicit services from any Sister Sitter client. I also understand that I must notify The Sister Sitters INC. if the client asks for additional services from me personally.*