Lanzerz Terms Statement for candidates seeking work opportunities.

TERMS OF USE EMPLOYEE SERVICES AGREEMENT Updated: 2023-10-03 15:12:31 UTC Lanzerz is an internet application (“Lanzerz Platform” or the “Application”) owned and operated by Simply Care LLC (Lanzerz,” “we,” or “us”). Lanzerz provides a service (the “Service”) that allows its customers (“Customers”) to access Lanzerz’s network of employees (“candidate” or “you” or “Contractor”) to identify local providers to meet intermittent needs for services. The Contractors have access to the Application to receive and review requests for services from Customers and to determine their interest in and availability to respond to such requests. PLEASE READ THIS AGREEMENT CAREFULLY. THIS AGREEMENT CONTAINS A MANDATORY INDIVIDUAL ARBITRATION AND CLASS ACTION WAIVER PROVISION THAT REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE COVERED DISPUTES, RATHER THAN JUDGE OR JURY TRIALS. Acknowledgment and Acceptance of Employee Services Agreement This Terms of Use Independent Contractor Services Agreement (“Terms of Use” or “Agreement”) is an electronic contract that sets out the legally binding terms of the relationship between Lanzerz and you. By registering to become an employee you accept and agree to be bound by the terms of this Agreement. Please read it carefully. By accessing the Application, or becoming a Employee, you accept this Agreement and agree to the terms, conditions and notices contained and/or referenced herein. Lanzerz reserves the right to change this Agreement, and add additional terms at any time, effective upon making the modified provisions available on the Application or by notifying Employee directly. You are responsible for regularly reviewing the Terms of Use for modifications and updates to its terms. Continued use of the Application after any such changes are made to this Agreement shall constitute your consent to such changes. Other than making the changes available on the Application, Lanzerz does not assume any obligation to notify Employee of any changes to this Agreement, or the creation or modification of any additional terms. Notwithstanding the previous paragraph or any contrary language in this Agreement, the Arbitration Agreement in Section 9 of this Agreement may not be modified or terminated absent a writing signed (electronically or otherwise) by the Company and You. You acknowledge that you are able to electronically receive, download, and print this Agreement, any other terms, notices, forms (including IRS Form W4) and any other notices [documents?] required by, or incorporated into, this Agreement by reference, any amendments to this Agreement, or any other items required by regulation or law. Further, you agree to keep the contact information in your Account current at all times including, but not limited to, your email address, physical address, and phone number. Use of the Application is permitted only by individuals who can form legally binding contracts under applicable law. Without limiting the foregoing, you must be at least 18 years old [or the age of legal majority in the jurisdiction in which you work and legally authorized to work in the United States to become an Employee. If you do not meet these criteria, you may not register to become a Contractor. 1. DEFINITIONS Capitalized terms are defined as set forth below or elsewhere in the Agreement. 1.1 “Services” means the services described in a Lanzerz Request for services by an Employee to a Lanzerz Customer. 1.2 “Lanzerz Request” means a notice provided, through the Application, to one or more Employee, which includes a description of the services to be provided by the Employee, the time by which the Lanzerz Request must be completed (the “Lanzerz Completion Date”) and the fee associated with the Lanzerz Request (the “Payment”). An open request is a request for services that has not yet been accepted by an Employee (“Open Request”). Employees can use the Application to review Open Requests and to indicate their availability for Open Requests. Once an Employee has accepted a Lanzerz Request pursuant to Section 2, the Lanzerz Request will become a “Lanzerz Engagement”. (Contractors are under no obligation to accept any Open Request). 1.3 “Lanzerz Platform” or “Bot” or “Application” means the software application used by Lanzerz in connection with the Services. 2. Employee 2.1 Background Checks and Privacy Information. As part of your initial registration with Lanzerz , you agree to immediately execute a written consent for a background check. Subject to a satisfactory background check and agreement to the terms herein, you will be eligible to use the Lanzerz Platform to view and accept Lanzerz Requests. You further agree to complete any ongoing background checks as may be required by Lanzerz or a Customer. Failure to complete the initial or ongoing background check processes may result in inability to accept Lanzerz Requests and/or removal from the Lanzerz Platform. Please note that in order to run your background check, Lanzerz will ask for your social security number during the onboarding process. We may also share your social security number with our payment vendor, Stripe, in order to verify your payment account to ensure the safety of your account. 2.2 Best Efforts. By registering to become a Employee and accepting an Open Request, you agree to use your best efforts to perform the Lanzerz Engagement such that the Services meet the requirements and specifications of the Customer, for whom the Open Request was created. Once a Employee has accepted a Lanzerz Request, the Open Request will no longer be available for performance by other Contractors who received the Open Request. By accepting an Open Request, you are entering into a binding legal agreement to provide the Services for the Payment specified in the Open Request. Do not accept an Open Request unless you are sure that: (1) you understand what you are being asked to deliver; (2) you can perform the Services identified in the Open Request; (3) you can deliver the Services in the requested time period; and if required, you can get to and from the Customer’s location. (4) Any cancellation forty-eight (48) hours prior to Service time of Accepted Engagement without authentic emergency medical documentation to be excused will be considered “A No Call No Show to engagement”, “A No Call No Show to engagement” will constitute a breach and will require further labor to find replacement or loss of engagement which both compromise the integrity and quality of Lanzerz services, in addition to profit loss. The fee for “A No Call No Show to engagement” is four (4) hours of employee pay rate of breached engagement, which will be charged to any card on file or deducted from nearest employee compensation check. Two (2) “A No Call No Show to engagement” in a calendar month or thirty (30) days will be considered an employee resignation to be accepted by Lanzerz if desired at anytime after point of considered resignation. Without Failure to timely deliver the Services consistent with the Customer’s requirements and specifications will constitute a breach, resulting in non-payment. Further, in the event of such a breach, you will be responsible for payment of any additional fees (e.g., rush fees) or costs incurred as a result of your failure to timely complete the Open Request in accordance with the Customer requirements. 3. PER DIEM EMPLOYEE RELATIONSHIP Nothing in this Agreement is intended or should be construed to create a partnership, joint venture, or independent contractor relationship between Lanzerz and you or between the Customer and you. You are not guaranteed any hours, shifts, engagements, or contracts as a per diem employee of Lanzerz. You will be a w2 employee and all federal and state taxes will be processed. You are not an agent for the Customer and you are not authorized, and must not represent to any third party that you are authorized, to make any commitment or otherwise act on behalf of Lanzerz or the Customer. You are solely responsible for determining which Open Requests you will choose to accept and how, when and where you will provide the Services under this Agreement. Lanzerz will provide no supervision and will have no control over the manner in which you perform the Services, except holding you to a standard of integrity and professionalism as an employee of Lanzerz. Follow each facility instructions and protocol as they direct you, you are not entitled to choose any unit, floor, or assignment. As we our service is to provide professionals to assist for the customers need. You acknowledge and understand that Lanzerz will not provide you with any equipment, tools, material or labor to perform the Services and will only (subject to the terms and condition stated herein) provide you with access to the Application for purposes of enabling you to access and accept (if you so choose) Lanzerz Requests and engage in incidental, related activities (if you so choose). Nothing in this Agreement is intended to prohibit or discourage (nor should be construed as prohibiting or discouraging) you from engaging in other business activities or providing your services to others that are separate and distinct from any business activities or services that you conduct through the Application. 4. CONFIDENTIALITY 4.1 Use and Disclosure. From time to time, you may be given access to confidential information in the course of performing engagements that you receive through Lanzerz . During the term of this Agreement and at all times thereafter, you will (a) hold all Confidential Information in strict trust and confidence, (b) refrain from using or permitting others to use Confidential Information in any manner or for any purpose not expressly permitted or required by this Agreement, and (c) refrain from disclosing or permitting others to disclose any Confidential Information to any third party without obtaining Lanzerz ’s express prior written consent on a case-by-case basis. “Confidential Information” means any and all information related to Lanzerz ’s or any Customer’s business (including trade secrets, technical information, business forecasts and strategies, marketing plans, customer and supplier lists, personnel information, financial data, and proprietary information of third parties including Customers) that Lanzerz and/or the Customer considers to be confidential or proprietary or which Lanzerz has a duty to treat as confidential. 4.2 Standard of Care. You will protect the Confidential Information from unauthorized use, access, or disclosure in the same manner as you protect your own confidential or proprietary information of a similar nature, and with no less than reasonable care. 4.3 Exceptions. Your obligations under Sections 4.1 and 4.2 will terminate with respect to any particular information that you can prove, by clear and convincing evidence, (a) you lawfully knew prior to Lanzerz ’s first disclosure to you, (b) a third party rightfully disclosed to you free of any confidentiality duties or obligations, or (c) is, or through no fault of you has become, generally available to the public. Additionally, you will be permitted to disclose Confidential Information to the extent that such disclosure is expressly approved in writing by Lanzerz , or is required by law or court order, provided that you immediately notify Lanzerz in writing of such required disclosure and cooperate with Lanzerz , at Lanzerz ’s reasonable request and expense, in any lawful action to contest or limit the scope of such required disclosure, including filing motions and otherwise making appearances before a court. 4.4 Removal; Return. Upon Lanzerz ’s request and upon any termination or expiration of this Agreement, you will promptly (a) return to Lanzerz or, if so directed by Lanzerz , destroy all Confidential Information (in every form and medium), (b) permanently erase all electronic files containing or summarizing any Confidential Information, and (c) certify to Lanzerz in writing that you have fully complied with these obligations. 5. NO CONFLICTS You represent and warrant that you are not subject to any contract or duty that would be breached by entering into or performing your obligations under this Agreement, or any Lanzerz Engagement, or that is otherwise inconsistent with this Agreement or any Lanzerz Engagement. 6. REPRESENTATIONS AND WARRANTIES 6.1 General. You represent, warrant, and covenant that: (a) You have full right, power, and authority to enter into and perform under this Agreement without the consent of any third party (including any of your current or former employers); (b) You will comply with all of the terms of this Agreement; (c) You will fully conform to the Customer specifications, requirements, and other terms of any Lanzerz Request that you accept, and the Services delivered will be of a professional and workmanlike quality; (d) You will comply with all applicable laws, rules and regulations in connection with performance of the Services under this Agreement; (e) Any workers that you may employ, engage or otherwise retain to assist with performance of Services under this Agreement are properly classified and treated under any applicable laws and will assist with the performance of Services in a safe, lawful and workmanlike manner. 6.2. Indemnification. You will indemnify and hold harmless Lanzerz and its parents, affiliates, employees, vendors, and agents from and against any and all liabilities, losses, damages, costs, and other expenses (including attorney fees and costs associated with litigation) arising from or relating to a breach by you of any representation, warranty, covenant, or obligation in this Agreement, or arising from or relating to any negligent or intentional act or omission committed by you, in connection with the performance of any Lanzerz engagement, which act or omission gives rise to any claim for damages against you, Lanzerz and/or its parents, affiliates, employees or agents. Lanzerz specifically denies any obligation to defend and/or indemnify you from and against any third party claims made against you arising from any negligent or intentional act or omission committed by you in connection with the performance of any Lanzerz engagement. 6.3 Warranty Disclaimer. The Application is provided “as is,” as available and without any warranties or conditions (express or implied, including the implied warranties of merchantability, accuracy, fitness for a particular purpose, title and non-infringement, arising by statute or otherwise in law or from a course of dealing or usage or trade). We disclaim all and make no representations or warranties, of any kind, either express or implied, as to the quality, identity or reliability of any third party, or as to the accuracy of the postings made on the Application by any third party. Some states and jurisdictions do not allow for all the foregoing limitations on implied warranties, so to that extent, if any, some or all of the above limitations may not apply to you. 7. LIMITATION OF LIABILITY IN NO EVENT WILL Lanzerz BE LIABLE FOR ANY CONSEQUENTIAL, INDIRECT, EXEMPLARY, SPECIAL, INCIDENTAL OR PUNITIVE DAMAGES ARISING FROM OR RELATING TO THIS AGREEMENT, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, LOSS OF BUSINESS OPPORTUNITIES OR LOSS OF GOODWILL, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Lanzerz ’S TOTAL CUMULATIVE LIABILITY IN CONNECTION WITH THIS AGREEMENT, WHETHER IN CONTRACT OR TORT OR OTHERWISE, WILL NOT EXCEED THE AGGREGATE AMOUNT OF PAYMENTS OWED BY Lanzerz FOR Lanzerz ENGAGEMENTS PERFORMED UNDER THIS AGREEMENT DURING THE TWELVE-MONTH PERIOD PRIOR TO THE OCCURRENCE OF THE FIRST CLAIM TO GIVE RISE TO LIABILITY UNDER THIS AGREEMENT. SOME STATES AND JURISDICTIONS DO NOT ALLOW FOR ALL OF THE FOREGOING EXCLUSIONS AND LIMITATIONS OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO TO THAT EXTENT, IF ANY, SOME OR ALL OF THESE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU. 8. TERMINATION 8.1 Termination by Lanzerz . Lanzerz reserves the right to terminate your access to the Application if you have not accepted a Lanzerz Engagement in the previous twelve calendar months, if you materially breach the Agreement or any Lanzerz Engagement, if you violate the law in connection with your use of the Application (or in connection with the performance of the Services) or if you have otherwise engage in conduct in using the Application that Lanzerz , in its sole discretion, believes in good faith to be detrimental to its business interests. 8.2 Survival. Sections 3 (“Employee Relationship”), 4 (“Confidentiality”), 5 (“No Conflicts”), 6 (“Representations and Warranties”), 7 (“Limitation of Liability”), 8.2 (“Survival”), and 9 (“General Provisions”) will survive any termination or expiration of this Agreement and/or any modification or termination of the Application. Termination or expiration of this Agreement will not affect either party’s liability for any breach of this Agreement such party may have committed before such expiration or termination. 9. GENERAL PROVISIONS (a) Regardless of any other terms of this arbitration agreement, claims may be brought before and remedies awarded by an administrative agency (such as the National Labor Relations Board, Occupational Safety and Health Administration, Equal Employment Opportunity Commission, or U.S. Department of Labor) if applicable law permits access to such an agency notwithstanding the existence of an agreement to arbitrate governed by the Federal Arbitration Act. (b) The AAA Rules may be found at www.adr.org or by searching for “AAA Commercial Arbitration Rules” using a service such as www.Google.com or www.Bing.com or by asking help@lanzerz.com to provide a copy.

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