Coach & Caregiver Terms

Updated: January 3, 2024

PLEASE READ THESE TERMS CAREFULLY.

These terms of service constitute a legally binding agreement (the “Agreement”) between you and Joshin, Inc. (“Joshin,” “we,” “us,” or “our”) governing your use of the Joshin application, websites, technology platform, and related services, applications, or platforms (collectively, the “Joshin Platform”)

By entering into this Agreement, you expressly acknowledge that you have read and understand this Agreement and accept all of its terms and conditions without limitation or qualification. If you do not agree to be bound by the terms and conditions of this Agreement, you may not use or access the Joshin Platform.

These terms (the “Coach & Caregiver Terms”), together with the Joshin Terms & Conditions and all other policies referenced in the Terms & Conditions or in these Coach & Caregiver Terms (each as may be amended from time to time), form the complete, legally binding agreement between you and Joshin (the “Agreement”).  Any capitalized terms that are not defined in this document have the meaning assigned to them in the Agreement.

THIS WEBSITE AND THE INFORMATION ON IT ARE CONTROLLED BY JOSHIN. THESE TERMS OF USE GOVERN  YOUR PERFORMANCE OF SERVICES, AS WELL AS THE USE OF THE WEBSITE, AND APPLY TO ALL INTERNET USERS VISITING THE WEBSITE.  BY CLICKING ON THE “I ACCEPT” BUTTON, COMPLETING THE REGISTRATION PROCESS, AND/OR BROWSING THE WEBSITE OR DOWNLOADING JOSHIN’S MOBILE APPLICATION, YOU REPRESENT THAT (1) YOU HAVE READ, UNDERSTAND, AND AGREE TO BE BOUND BY THE TERMS OF USE, (2) YOU ARE OF LEGAL AGE TO FORM A BINDING CONTRACT WITH Joshin, AND (3) YOU HAVE THE AUTHORITY TO ENTER INTO THE TERMS OF USE PERSONALLY OR ON BEHALF OF THE ENTITY YOU HAVE NAMED AS THE USER, AND TO BIND THAT ENTITY TO THE TERMS OF USE.  THE TERM “YOU” REFERS TO THE INDIVIDUAL OR LEGAL ENTITY, AS APPLICABLE, IDENTIFIED AS THE USER WHEN YOU REGISTERED ON THE WEBSITE.  IF YOU DO NOT AGREE TO BE BOUND BY THE TERMS OF USE, YOU MAY NOT ACCESS OR USE THIS WEBSITE OR THE SERVICES.

Definitions

The Services enable Coaches and Caregivers to create publicly available profiles to enable individuals and their families needing Services to browse and search for Coaches and/or Caregivers that match their needs (each “User”).  Users may book appointments for Services (each a “Booking”) based on the availability provided by Coaches and Caregivers on the Joshin Platform.

Coach & Caregiver Relationship with Joshin

Independent Relationship.  Neither these Terms nor your performance under these Terms shall create an association, partnership, joint venture, or relationship of principal and agent, master and servant, or employer or employee, between Joshin and you or between Joshin and your employees and agents.  You and Joshin agree that you and your employees and agents will not receive any Joshin-sponsored benefits from Joshin, where benefits include, but are not limited to, paid vacation, sick leave, medical insurance, and 401k participation.  If you, your employees, or agents are reclassified by a state or federal agency or court as the Joshin’s employee, you and your employees or agents, as applicable, will become a reclassified employee and will receive no benefits from the Joshin except those mandated by state or federal law, even if by the terms of the Joshin’s benefit plans or programs in effect at the time of such reclassification, you, your employees or agents, as applicable, would otherwise be eligible for such benefits.  You acknowledge that it is your sole responsibility to comply with all federal, state and local tax filing and payment obligations that pertain to any remuneration received from Users and other end users of the Website and Application or as processed by the Joshin in connection with these Terms, including your sole responsibility for all tax withholding, Social Security, Worker’s Compensation Insurance, FICA, unemployment compensation, medical insurance, life insurance, paid vacations, paid holidays, pensions and other obligations or benefits.  You acknowledge that Joshin is not rendering legal, tax or investment advice, nor is Joshin a fiduciary of yours.  Accordingly, you acknowledge that you may seek advice from an appropriate professional to comply with any and all applicable federal, state, and local laws or ordinances. 

Subject to your continued compliance with the Agreement, Joshin will provide you access to the Joshin Platform to offer Services as a third-party coach or caregiver.

As a Third Party Coach or Caregiver on the Joshin Platform, you acknowledge and agree that:

  • You are not an employee or independent contractor of Joshin;
  • You have no authority to bind Joshin, and you will not hold yourself out as an employee, agent, or authorized representative of Joshin;
  • Your provision of Services on the Joshin Platform is being provided without any expectation of remuneration in any form whatsoever from Joshin, including any rights or benefits that would accompany employment or other engagement by Joshin;
  • You are not covered by or eligible for any Joshin insurance, health care, worker’s compensation, or other benefits, and Joshin will not procure any insurance on your behalf;
  • Your access to the Joshin Platform and authorization to provide the Services are provided solely in connection with your role or relationship with a Joshin Customer, and in the event of the termination of your relationship with the Customer, or otherwise, at the discretion of the Customer, your account may be terminated;
  • Joshin does not, and shall not be deemed to, direct, supervise, monitor, or control you generally in connection with the Services or concerning any other acts or omissions;
  • Joshin will not prescribe or specify the frequency, time, or location relating to your providing Services on the Joshin Platform;
  • Joshin will not provide any material, supplies, or equipment related to your provision of Services on the Joshin Platform.
  • You accept full responsibility and liability for the content of information provided to other Users and for any interactions you may have with other Users; and
  • You may be subject to administrative, civil, and/or criminal penalties for sharing of information, acts, or omissions that violate federal, state, and local laws and regulations.

Coach & Caregiver Representations, Warranties, and Agreements

By agreeing to provide the Services, you represent, warrant, and agree that:

  • All Services will be provided in accordance with these Coach and Caregiver Terms and the Agreement;
  • You are knowledgeable regarding the subject matter you are agreeing to share;
  • You will not provide any Services where you do not have the appropriate licenses, approvals, or authority to do so;
  • You will not provide Services relating to the practice of medicine and/or counseling care or that reasonably may be construed as such by a User. If a User solicits medical advice or counseling care, you must direct them to seek information from their physician or other qualified healthcare provider. Failure to do so is a violation of these Coach and Caregiver Terms and may subject you to administrative, civil, and/or criminal liability.
  • You will not demand any cash or compensation directly from another User;
  • You determine your availability for Bookings; 
  • You are not restricted from using competitive services or technology platforms;  
  • You are permitted to maintain your independent business and other clients without using the Joshin Platform;  
  • Your opportunity for profit or loss is dependent on your own managerial skills and education, training, and experience in providing Services;  
  • You are solely responsible for resolving any disputes with Users and others related to your Services;
  • You exclusively control your performance of the Services and 
  • You are solely responsible for procuring your own insurance, and you agree that you will not seek reimbursement or any claims against Joshin’s insurance.

Marketing & Advertising

As a third-party Coach or Caregiver, you acknowledge and agree that for the mutual benefit of the parties, Joshin, and its affiliates may feature you in marketing or advertising promoting Joshin, the Joshin Platform, and the services available on the Joshin Platform. You acknowledge and agree that such advertising and marketing does not entitle you to any payment or other compensation.

Licenses to Joshin (USMA)

You hereby agree to the terms set forth in the User Media Submissions Agreement. These terms include a release and acknowledgment to allow Joshin to publicize and commercially use your name, likeness, image, appearance, voice, professional and personal biographical information, and other submissions or personal characteristics that you have provided to us.

Screening

Joshin requires all Coaches and Caregivers to to meet certain conditions, such as completing a verification process prior to enabling your account or in order to keep your account active.

Modification of Terms

Joshin reserves the right to make changes to these Coach and Caregiver Terms (or any portion thereof) at any time in our sole discretion. Any changes will be posted on the Joshin Platform, indicating the date on which the terms were last updated and/or otherwise communicated to you in writing.  Any changes will be effective upon the date of posting unless explicitly stated otherwise. As long as you use the Joshin Platform to provide the Services, you are agreeing to these Coach and Caregiver Terms and any updates we make to it.   If you disagree with the updated Coach and Caregiver Terms, you may terminate this agreement with immediate effect by discontinuing your use of the Joshin Platform and ceasing to provide the Services. Your continued use of the Joshin Platform and/or continued provision of the Services following the effective date of any modified terms indicates your acceptance of such modified agreement. PLEASE REGULARLY CHECK THE WEBSITE TO VIEW THE THEN-CURRENT TERMS.

The Agreement is the parties’ final, complete, and exclusive agreement concerning the subject matter hereof and supersedes. It merges all prior discussions between the parties concerning such subject matter.

Contacting Joshin

Feel free to contact us at security@Joshin.com anytime with any questions or comments regarding the Coach and Caregiver Terms.