Para's Membership Agreement
Para Services, Inc. (“Para,” “we” or “us”) is the operator of the Para website located at www.joinpara.com (“Website”), the Para mobile application (“Para App”) and other Para provided services, products, websites, and applications (collectively, the “Para Platform”). The Para Platform provides a free online marketplace for Medical Professional to possibly find and receive Shifts to provide healthcare professional services for Healthcare Providers as independent contractors on a temporary basis.
This Para Membership Agreement (“Agreement”) governs the relationship and establishes the rights and responsibilities of Para, as the platform owner and operator of, and you (“Member,” “you,” “your”), as a member of and participant in, the Para Marketplace (“Para Marketplace”). The terms and definitions of Para's Privacy Policy (“Privacy Policy”) and Para's Terms of Service (“Terms of Service”) are incorporated into this Agreement.
Membership
As provided in this Agreement, Para will provide you with access to the Para Platform to possibly find and receive Shifts from Healthcare Providers that have access to the Para Platform and participate in the Para Marketplace.
Eligibility
To be eligible as a member of the Para Marketplace, a person must meet, as determined by Para in its sole discretion, the Para Marketplace member eligibility criteria listed below (“Membership Criteria”) at the time of the application through the Para Platform and at all times thereafter:
- Be at least eighteen (18) years of age;
- Possess a valid U.S. driver's license; and
- Possess a valid, professional license required to perform healthcare professional services that is unencumbered, that is a license that is not suspended, expired, revoked, and/or have incidents recorded against said license by the appropriate regulatory or issuing authority.
Membership in the Para Marketplace is not guaranteed. Para can, at its sole discretion, approve, deny, suspend, and/or terminate any member's membership at any time with or without reason.
Relationship
YOU EXPRESSLY AGREE THAT YOU ARE AN INDEPENDENT CONTRACTOR IN PARTICIPATING IN THE PARA MARKETPLACE AND USING THE PARA PLATFORM THIS INCLUDES FINDING, RECEIVING, AND SUBSEQUENTLY COMPLETING POSSIBLE SHIFTS FROM HEALTHCARE PROVIDERS AND PERFORMING ANY ACT OR HEALTCHARE PROFESSIONAL SERVICE RELATED TO SAID SHIFTS FOUND AND/OR POSSIBLY RECEIVED ON THE PARA PLATFORM.
Accepted Shifts
Without a showing of good cause, a missed Shift or repeated tardiness may result in the suspension of your membership in the Para Marketplace and an inability to access the Para Platform for a period of 3 months.
Review/Ratings
At the end of each Shift, a Healthcare Provider may rate or provide a review of your healthcare professional services rendered (e.g. 1 through 5 stars). The criteria for providing these reviews are set by Para and may be modified from time to time.
Additional Screening
Where applicable, a Healthcare Provider may require additional screening requirements for its posted Shift(s) such as a criminal background screening including a Level 3 search in The Fraud and Control Information System (FACIS) database and/or a 10-panel drug screening, and satisfy any additional requirements defined by a Healthcare Provider's staffing and/or market criteria in order to fulfill said posted Shift(s).
Payment, Timesheets, and Expenses
Payment received through the Para Platform will reflect the hourly rate you agree to for an accepted job and the total number of hours you have provided healthcare professional services for said job.
It is although your sole responsibility, as an independent contractor, in resolving any dispute as to the number of hours of healthcare professional services rendered with the applicable healthcare provider.
Indemnity
To the extent permitted by applicable law, Member will defend, indemnify, hold harmless and reimburse Para and its directors, officers, shareholders, employees, and agents from and for all damages, losses, costs or expenses, including attorney's fees, incurred by any of such parties or paid by any of them to any person in respect to a Member's liability.
Reporting Obligations
Under applicable State, Federal, or local law Para may be obligated to report earnings, revenues, violations, crimes, incidents or occurrences in connection or related to your membership, participation in Para Marketplace, and/or use of the Para Platform.
Disclaimers
Disclaimer of Warranties.
EXCEPT AS EXPRESSLY PROVIDED HEREIN, THE PARA PLATFORM, SERVICES AND SOFTWARE PROVIDED UNDER THIS AGREEMENT ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND.
Term and Termination of Membership
This Agreement will commence on the date of Member's acceptance and will continue in effect for one (1) year, unless earlier terminated as provided herein, and will automatically renew for subsequent periods of one (1) year unless earlier terminated as provided herein.
The Agreement will be terminated as follows:
- 1. Para will terminate this Agreement within 30 days of Member's request;
- 2. Immediately, in Para's sole discretion including if Member fails to meet the Membership Criteria, and/or fails to abide by the terms of this Agreement.
Dispute Resolution
Mandatory Arbitration: Any dispute, claim or controversy arising out of or relating to membership in the Para Marketplace, this Agreement or the breach, termination, enforcement, interpretation or validity of this Agreement, including the determination of the scope or applicability of this agreement to arbitrate (a “Dispute”), will be determined by arbitration.
Class Action Waiver:
TO THE EXTENT PERMISSIBLE BY LAW, ALL CLAIMS MUST BE BROUGHT IN THE PARTIES' INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, OR COLLECTIVE ACTION PROCEEDING.
Electronic Document and Signature
For contractual purposes, Member: (a) consents to receive communications from Para in electronic form, and (b) agrees that all terms and conditions, agreements, notices, disclosures and any other communications that Para provides to Member electronically satisfy any legal requirement that such communications would satisfy if they were in a print-on-paper writing.
By using Para's services, you acknowledge that you have read, understood, and agree to be bound by this Membership Agreement.