Ofroe Barber Addendum
Last Updated: January 20, 2019
This Ofroe Barber Addendum is an addendum to the Agreement (www.ofroe.com/terms) between you and Ofroe and it sets forth additional terms and conditions that are applicable in the market in which you provide Services. Capitalized terms herein have the meaning set forth in the Agreement. This addendum replaces and supersedes any “Commission Schedule” or prior Barber Addendum that you have previously agreed to.
Payout. You are entitled to a payout for each booking that you provide. The “Payout” consists of your service costs, peak time charges and any other additional charges that are applicable to the booking. If you were approved to operate with Ofroe as a Barber prior to 8/1/18, the Payout shall be ninety-five percent of the total for all bookings. If you were approved to operate with Ofroe as a Barber after 8/1/18, the Payout shall be ninety percent (90%) of the total for all bookings.
Additional Payments to You. In addition to the Payout, you will receive the following payments, if applicable: (i) any tips provided by a Client to you, (ii) any surcharges we collect for remittance to you, (iii) any damage charges we collect on your behalf, and (iv) any bonuses or incentives you earn based on your provision of Services.
Adjustments and Settlement. Ofroe reserves the right to adjust or withhold all or a portion of a Payout or other payment owed to you (except tips) (i) if it believes that you have attempted to defraud or abuse Clients, Ofroe or Ofroe’s payment systems, or (ii) in order to resolve a Client complaint. Ofroe’s decision to adjust or withhold the Payout or other payment in any way shall be exercised in a reasonable manner. If you have agreed to any other amounts being deducted from your Payout with any party, those amounts will be deducted before remittance to you, and we may determine the order of these other deductions if allowed by law. We will use reasonable efforts to ensure that your Payout and any other payments to you will be paid to you on at least a weekly basis. You acknowledge and agree that all payments owed to you shall not include any interest or fees and will be net of any amounts that we are required to withhold by law.
Client Charges. For each Booking, Ofroe will charge the Client an amount calculated or determined by Ofroe on your behalf (the “Client Charges”). Your payment for services shall be the Payout as described in Section 1 above, plus any additional payments owed to you as described in Section 2 above. Clients may elect to add an additional tip to you on top of the Client Charges. The tip shall be paid entirely to you and shall be considered separate from the Client Charges. Unless we indicate to you otherwise, for each booking, the Client Charges includes the Payout, applicable surcharges, fees retained by us (including the Platform Fee described below), and any Third Party Fees. “Third Party Fees” include any applicable location fees, or any state or local fees, surcharges or taxes imposed on the provision of Services that Ofroe is required by law or agreement to collect and remit to third parties.
Ofroe Fees. In exchange for your use of the Ofroe Platform and the services provided by Ofroe to you, you agree to pay Ofroe (and permit Ofroe to retain) a service fee (“Service Fee”) and platform fee (“Platform Fee”) based on each booking you provide. The Service Fee shall be a set amount for each booking as set forth on the applicable Rate Card (if available). The Platform Fee shall be a variable amount for each booking and shall equal the Client Charges for the booking minus: (i) the Payout, (ii) any surcharges we collect for remittance to you, (iii) the Service Fee, (iv) any Third Party Fees that Ofroe collects, and (v) any bonuses or incentives you earn based on your provision of Services. In the event of a booking where the combination of (i)-(iv) above is greater than the Client Charges, no Platform Fee will be charged to you for that booking. In such cases, any excess amounts that you receive will be shown as an adjustment to your Platform Fee (or if necessary, as an adjustment to another payment owed to you). The Platform Fee may include any event fees in effect (as determined by Ofroe) based on the location of the booking. For your convenience, Ofroe may collect the Service Fee, event fees, or any split payment fees as applicable from Clients on your behalf to offset your payment of such fees to Ofroe.
Payment Processing. Payment processing services are provided by Stripe and subject to the Stripe Connected Account Agreement (available at https://stripe.com/us/connect-account/legal), which includes the Stripe Services Agreement (available at https://stripe.com/us/legal) (collectively, the “Stripe Terms”). By using the Ofroe Platform to receive payment proceeds, you agree to be bound by the Stripe Terms, which may be modified from time to time. As a condition of Ofroe enabling payment processing services through Stripe, you authorize Ofroe to obtain all necessary access and perform all necessary activity on your Stripe Connected Account to facilitate your provision of Services as contemplated by the Agreement and your relationship with Ofroe. You further agree to provide accurate and complete information about you and your business, and authorize Ofroe to share it and transaction information with Stripe for the purposes of facilitating of the payment processing services provided by Stripe. Ofroe reserves the right to switch payment processing vendors at any time at its discretion.
Instant Pay. If you elect to receive payments through Ofroe’s Instant Pay feature (which Ofroe may offer to you in its sole discretion), you acknowledge that you will be charged a fee for this Instant Pay service as described by Ofroe prior to confirmation. You understand that (i) your financial institution may not support Instant Pay, (ii) Ofroe and Stripe make no guarantee concerning how quickly Express Pay payments will settle with your account, and (iii) not all payments through the Ofroe Platform are eligible for Express Pay.
Promotions and Coupons. Ofroe may, at its discretion, offer promotional or other Coupons to Clients, however such discounts shall not impact the Payout or any other payments owed to you.
No Additional Amounts. You acknowledge and agree that, for the mutual benefit of the parties, through advertising and marketing, Ofroe and its Affiliates may seek to generate additional demand for your Services from new and existing Clients. You acknowledge and agree such advertising or marketing does not entitle you to any additional monetary amounts beyond the amounts expressly set forth in this Agreement and Barber Addendum.