The Middle

Terms of Service — Assistant

Last Updated: June 2026

1. 1. Services. Subject to, and in accordance with the terms of this Agreement, the Company shall facilitate introductions of Candidate to individuals interested in hiring a personal assistant (each, a "Client") based on such Client's personal and business needs (the "Services"). The Company provides a matchmaking and referral service only and provides no Services to Client or any other parties. The Company does not supervise, direct, or control any Candidate and serves only to introduce prospective Candidates to Client. The Company may subcontract any aspect of this Agreement in its sole discretion to assist in the completion of the Services. Neither the Company, nor any of its agents, contractors or employees shall be deemed an employer of Candidate or vice versa.
2. 2. Limitation of Company Obligations. Candidate acknowledges and agrees that the Company is not responsible for: (i) the engagement or employment of Candidate by any Client, including, but not limited to, Client's compliance with applicable laws in connection therewith, (ii) the determination of proper employment or independent contractor classification of Candidate by any Client, or (iii) the payment of any wages, expenses or fees related to Candidate's engagement by a Client. All such matters are the sole responsibility of the applicable Client.
3. 3. Candidate Responsibilities. During the term of this Agreement, the Candidate shall:
   1. ensure timely attendance to any interviews with a potential Client coordinated by the Company;
   2. immediately notify the Company in writing upon Candidate's receipt of (i) an offer of employment, engagement, or other arrangement from a Client, such notification to include all material terms of the offered role; or (ii) any direct communication from a Client, or from any employee, agent, family member, friend, or other associate of a Client to whom the Candidate was introduced through the Company at any time during the twelve (12)-month period following such introduction;
   3. within forty-eight (48) hours following any interview, meeting or conversation with a Client, and prior to Candidate's acceptance of any engagement by a Client, provide the Company with a written summary of the outcome and material details of such communication;
   4. not, without the prior written consent of the Company (i) accept any offer of employment or engagement with a Client; (ii) exchange personal contact information with a Client or any representative thereof; or (iii) enter into any agreement, arrangement, or understanding with a Client, whether written or oral, regarding the provision of services by Candidate;
   5. upon the written request by the Company, immediately cease performing services for a Client and not resume such services until the Company confirms in writing that all applicable fees owed by such Client to the Company have been paid in full;
   6. in the event Candidate wishes to terminate his or her services with Client within four (4) weeks following the date Client makes an employment or engagement offer to Candidate and Candidate accepts Client's engagement, notify the Company in writing setting out the reasons for such termination;
   7. maintain all applicable professional licenses, permits, certifications, registrations, business licenses and/or business tax registrations in order to provide the services to the Client.
4. 4. No Fees. The Company DOES NOT charge any sign-up fees, registration fees or for introduction of Candidate to potential Clients.
5. 5. Independent Contractor. The Company and Candidate, in the performance of this Agreement, will be acting in an independent contractor relationship and not as agents, employees, partners, or joint venturers of one another. It is the express intention of the parties that Candidate is an independent contractor and not Company's employee, that the employees of Candidate and Candidate's subcontractors are not Company's employees and that Candidate, its subcontractors and their employees are not entitled to any of the rights, benefits or privileges attributable to Company's employees. Candidate shall have the control or the means, methods and details of performing the work for Client. The Company does not supervise, direct, or control any Candidate and serves only to introduce prospective Candidates to Client. Candidate is free to set and/or negotiate their hours, rates of pay, and terms of work with the Client. Candidate is also free to accept or reject Clients and contracts with Clients without penalty from the Company. Candidate shall deliver services to the Client under the Candidate's name and shall not deliver any services under Company's name. Candidate shall supply their own tools and supplies to perform any services for Client. Candidate may maintain alternate clientele and is free to seek work elsewhere, including but not limited to other companies similar to or competing with Company. Candidate further represents and warrants that they are engaged, or were previously engaged in an independently established business of a similar nature as that performed for the Client. All work for the Client shall take place outside the Company's offices and places of business.
6. 6. Disclosure of Candidate Identity. In absence of Candidate's written prohibition against the same, the Company and agents acting on its behalf may provide Candidate's identity, including without limitation Candidate's name, to Clients or the Company's agents. The Company shall use commercially reasonable efforts to maintain the confidentiality of Candidate's identity and personal information and shall not disclose such information except as reasonably necessary to perform the Services or as required by law. Candidate shall keep confidential all non-public information regarding Client's and the Company's search process, communications, pricing, and related materials, and shall not use such information except to evaluate its engagement by any Client through the Company.
7. 7. Health and Safety. Candidate acknowledges that its engagement by any Client may involve inherent risks, including health and safety risks. Client is solely responsible for maintaining a safe working environment and complying with all applicable health and safety laws and regulations. The Company shall have no liability arising from workplace conditions or risks within Client's control.
8. 8. Absence of Guarantees; Liabilities.
   1. No Guarantees. Candidate acknowledges that the Company's delivery of the Services involves certain risks and uncertainties, and neither this Agreement, nor any (i) introduction by the Company of Candidate to any Client; (ii) recommendation by the Company of any third party product or service; (iii) recommendation by the Company on any other matter, or (iv) statement made by the Company or its representatives, is to be construed as either a promise or guarantee regarding the success, effectiveness or results the Services may achieve. Candidate further acknowledges that the performance of the Services involves subjectivity and may not coincide with Candidate's preferences. The Company makes no guarantees regarding hiring outcomes.
   2. Client Vetting. Candidate acknowledges the Company will facilitate introductions to Clients based upon the Company's subjective assessment of Candidate and Client. Regardless of whether a Client engages Candidate, the Company shall have no responsibility except to the extent liability may not be limited under applicable law for any Client or for any acts or omissions of such Client. Candidate acknowledges the Company is under no obligation to perform a background check, records check or other screening of any Client prior to the Company's referral of Candidate to such Client. Company makes no representations or warranties regarding any Client's background, identity, character, criminal history, employment practices, ability or willingness to pay, household members, safety or fitness or suitability for any particular engagement. Candidate is solely responsible for conducting any independent interviews, background checks, reference checks, site visits or other diligence it deems appropriate prior to accepting or continuing any engagement by any Client. Candidate remains solely responsible for deciding whether to interview with, accept employment or engagement with, or continue to provide services to any Client.
   3. No Penalty for Delays. The Company shall incur no liability if it delays in providing any of the Services due to circumstances beyond the Company's control or due to delays caused by Candidate or any third party. Without limiting the generality of the foregoing provisions, the Company will not pay any penalty, loss or interest resulting from its error, delay, difficulty or failure in performing the Services, and, in no event shall the total liability the Company or its employees, owner, affiliates, or agents, for all damages, losses and causes of action whether in contract, tort (including negligence), product liability, or otherwise, either jointly or severally, exceed the greater of (i) $750, or (ii) the placement fee paid by a Client to the Company for Candidate's placement. Notwithstanding the foregoing, nothing in this Agreement shall limit or exclude liability to the extent such limitation or exclusion is not permitted by applicable law, including liability arising from the Company's gross negligence, willful misconduct or fraud. The foregoing shall constitute the Company's entire liability and Candidate's exclusive remedy hereunder. The provisions of this Section 8 are for the benefit of the Company, its affiliates, agents, members, managers, and owners, and each shall have the right to assert and enforce the provisions directly on their own behalf.
9. 9. Disclaimer of Warranties. In addition to the foregoing, in no event shall the Company be liable for any indirect, special, incidental, consequential or exemplary damages, including but not limited to, loss of Candidate's information, goods or profits, even if advised of the possibility of such damages, arising out of or relating to this Agreement, the Services, any Client, any third-party provider, any background check or screening service, Candidate's engagement or employment by any Client, any damage, injury, theft, loss, claim, demand, or action involving Candidate, Candidate's property, Candidate's household, Candidate's business, Candidate's representatives, or any mistakes, omissions, interruptions, errors, defects, delays, or failures of performance. The Company disclaims all liability for Clients, including during the interview process, and before, during, and after Candidates are hired by Client, and Candidate acknowledges that Clients are not the Company's responsibility nor employees, agents, or representatives of the Company. All Services are provided "as is." There are no warranties, express or implied, by operation of law or otherwise, on any Services furnished hereunder. Any implied warranties of merchantability or fitness for a particular purpose or use are hereby disclaimed to the fullest extent permitted by law. Certain jurisdictions do not allow the exclusion of certain warranties, so some of the above exclusions may not apply to Candidate.
10. 10. Indemnification. Candidate agrees to defend, indemnify and hold harmless the Company, its owners, partners, employees and agents, to the fullest extent lawful, from any losses, claims, damages, liabilities, and expenses, including reasonable attorney's fees, (collectively, "Claims") to which the Company may become subject, related to or arising out of this Agreement or arising out of, or in connection with, the Services, including any claims by a Client against the Company in connection with this Agreement, including, without limitation, any claims arising from or related to Candidate's employment or engagement by any Client, including wage and hour claims, misclassification claims, tax liabilities, workplace injuries, or violations of applicable employment laws. Candidate further agrees to defend, indemnify and hold harmless the Company from any Claims resulting from any of the Services that damage Candidate, or any other party or parties, except in case of the Company's gross negligence, willful misconduct or fraud. The provisions of this Section 10 shall survive any termination of this Agreement. The Company shall be responsible only for performing the Services expressly provided for in this Agreement, and shall be liable only to the extent liability may not be limited under applicable law, including for the Company's gross negligence, willful misconduct or fraud in performing those Services. The Company shall not be responsible for the Candidate's or any other person or entity's acts or omissions, including without limitation any third party or Client, and neither such person nor any such entity shall be deemed to be an agent or representative of the Company.
11. 11. Termination and Amendments. This Agreement may be terminated upon seven (7) days prior written notice by either Party with or without cause. The Company may also terminate this Agreement at any time, without notice, for any conduct that the Company in its sole discretion believes violates this Agreement or is harmful to another client, third-party, or the Company's interests, including but not limited to in the event the Company believes performance of the Agreement will place the Company, Candidate, or third party (including a Client's) health and safety at risk. The Company's obligation to perform the Services will terminate automatically, without notice from the Company, if Candidate fails to comply with any provision of this Agreement. The Company also has the right to suspend the Services to Candidate at any time, and for any reason, with or without notice. Other than as provided in this Agreement, this Agreement may not be released, discharged, changed or modified except by an instrument in writing duly signed by both Parties. Neither the course of conduct between parties nor trade practice shall act to modify any provision of this Agreement. Before the Company is obligated to perform any Services additional to and outside the scope of this Agreement, Candidate and the Company shall agree in writing as to the scope of the additional Services, the billing schedule, and rate that will be applied to the additional Services.
12. 12. Venue; Arbitration. Regardless of the place of signing this Agreement, Candidate agrees that for purposes of venue, this Agreement was entered into in the City of New York, New York, and shall be governed by the laws of the State of New York. Any controversy or claim relating to this Agreement shall be settled by arbitration. If the Parties cannot agree upon an arbitrator and upon rules to govern such arbitration, then any arbitration arising out of this Agreement shall be administered by JAMS, pursuant to JAMS' Streamlined Arbitration Rules and Procedures and judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction. For all matters arising out of or relating to this Agreement, Candidate agrees to submit to the jurisdiction of the State of New York. The arbitration proceeding shall take place and the arbitration award given in writing in the City of New York, New York, or such other location as mutually agreed by the Parties, and may be conducted remotely at either Party's request. In the event of litigation or arbitration to interpret or enforce the provisions of this Agreement, the prevailing Party shall be entitled to recover all expenses, including reasonable attorney's fees incurred.
13. 13. Force Majeure. The Company shall not be liable for any delay or failure to perform resulting from causes beyond its reasonable control, including acts of God, labor shortages, internet or system failures, governmental actions, incidences of disease or epidemics, or other force majeure events.
14. 14. Enforceability. If any provision contained in this Agreement shall, for any reason, be held to be invalid, illegal or unenforceable in any respect, such invalidity, illegality or unenforceability shall be deemed severable from this Agreement and shall not affect any other provisions of this Agreement, and this Agreement shall be construed as if such invalid, illegal or unenforceable provision had never been contained herein. Notwithstanding the foregoing, if any provision contained in this Agreement shall be held to be excessively broad as to time, duration, geographical scope, activity or subject, it shall be construed by limiting and reducing it, so as to be enforceable to the maximum extent compatible with the applicable law as it shall then appear.
15. 15. Transferability. Candidate acknowledges that this Agreement, and its rights to the Services and to any product of the Services are non-transferable and that none of these rights may be transferred, assigned or distributed by Candidate to any third party. The Company has the right to freely assign this Agreement and its rights and obligations under this Agreement.
16. 16. Headings. The headings or titles of the various paragraphs of this Agreement are inserted merely for the purpose of convenience and do not expressly or by implication or intention, limit, define, extend or affect the meaning or interpretation of this Agreement or the specific terms or text of the section so designated.
17. 17. Entire Agreement. This Agreement, including any attachments to this Agreement, constitutes the entire agreement between the Parties with respect to the subject matter hereof and supersedes all previous proposals, both oral and written, negotiations, representations, commitments, writings, and all other communication between the Parties, with respect to the Services. Candidate acknowledges that this Agreement governs Candidate's relationship with the Company and that, unless separately agreed in writing by the Company, no other agreement, order form, questionnaire, email exchange, invoice, or other communication modifies or supersedes this Agreement. Candidate acknowledges that it is entering into this Agreement solely on the basis of the representations herein.
18. 18. Acceptance of Agreement; Electronic Communications. By submitting a PA Application Form, requesting Services, checking any acceptance box referencing this Agreement, engaging with any Client referred by the Company, or otherwise using the Services, Candidate acknowledges, on behalf of itself and any person acting or purporting to act on Candidate's behalf, that Candidate has read, understood, and agreed to be bound by this Agreement. Candidate agrees that such electronic acceptance constitutes a legally binding agreement between Candidate and the Company. Candidate further agrees that the Company may communicate with Candidate electronically and that electronic records, communications, submissions, approvals, and acceptances shall have the same force and effect as physical writings and signatures to the fullest extent permitted by applicable law.
19. 19. Miscellaneous. A waiver of or failure to enforce any provision contained in this Agreement on any occasion shall not be deemed to be a continuing waiver or a waiver on any other occasion. Any additional work not specified in this Agreement must be authorized in a writing and agreed to by both Parties.

IN WITNESS WHEREOF, the Parties have read the entire Agreement and understand and agree to the terms and conditions contained herein.