This Agreement is made as of , by and between Virtual Companion Chat LLC dba Virtual Companion Chat (“Company”), located in New Jersey, and (“Contractor”).
Freedom of Business: In accordance with NJ law, Contractor is engaged in an independently established business and is free to provide similar services to other platforms or competitors simultaneously.
No Control: Company does not direct the “manner or means” of Contractor’s performance. Calls are not monitored, and Contractor chooses their own schedule which will be posted on the site along with a real time availability status indicator.
Service Split: Revenue from client calls ($2.00/min) is split 50/50: $1.00/min to Company and $1.00/min to Contractor.
Tips/Product/Merch: 100% of tips, digital products and merch are the sole property of the Contractor. Revenue from digital products/merch are currently sold off of a separate platform, which we will provide the link for on our site.
Weekly Payout: Payments are issued weekly on a day determined by Company.
Email Convenience: Company provides a company email strictly for administrative simplicity and client continuity. Use of this email does not constitute an employment relationship.
Invoicing & Chargebacks: Contractor will receive a monthly invoice for credit card processing fees and any chargebacks incurred. Contractor is responsible for covering these costs; any negative balance will be debited from future earnings or the final payout.
Ownership: Any digital products, merchandise designs, or content created by Contractor for use on the Company platform are considered “Work for Hire” under U.S. Copyright Law.
Assignment: Contractor hereby assigns all rights and ownership of any works featured on the Company platform to the Company, provided the 50/50 revenue split outlined in Section 2 is maintained for the life of the product’s sale on the platform.
Advisory Against Meet-ups: Company strongly advises against physical meetings with clients or accepting physical gifts.
Assumption of Risk: Should Contractor choose to meet clients or accept gifts, they do so at their own sole risk. Contractor acknowledges the inherent dangers and agrees that Company is not liable for any resulting harm.
Client Transparency: Contractors are free to inform clients if they are leaving the platform and where they are going.
Contractor Liability: Contractor agrees to indemnify and hold harmless Virtual Companion Chat LLC from any claims or legal fees arising from the Contractor’s personal conduct, including but not limited to harassment, illegal acts, or negligence.
No Company Responsibility: Virtual Companion Chat LLC is not legally or financially responsible for the Contractor’s personal choices or safety.
Confidentiality: Contractor shall not divulge personal information (names, contact info, identities) of other contractors.
Professionalism: Contractor agrees to foster a “drama-free” environment by treating all peers with mutual respect.
Contractor is not eligible for health, medical, or dental benefits. Tax responsibility (1099) rests solely with the Contractor.
Binding Arbitration: Any dispute related to this agreement shall be settled by binding arbitration in New Jersey.
Waiver of Jury Trial: Contractor knowingly and voluntarily waives the right to a jury trial or to have any dispute resolved in a court of law.
Specific Claims: This waiver covers all statutory, contract, and common law claims, excluding sexual harassment or assault as required by federal law.
Either party may end this partnership at any time for any reason. Any owed fees will be debited from the final payout. Both parties agree to pursue a mutually beneficial end (e.g., cross-linking platforms).
Use of Personal Apps: Contractor acknowledges that using personal peer-to-peer (P2P) payment apps like CashApp, Venmo, or Zelle for business tips or sales carries significant risks, including account termination, privacy exposure of the Contractor’s legal name, and little to no protection against chargebacks or fraudulent disputes.
Recommendation of Dedicated Merchants: Company recommends the use of dedicated, contractor-friendly platforms such as Ko-fi (which offers a 0% platform fee) or Fansly for external sales and tips.
Limitation of Liability: Contractor agrees that they are solely responsible for the selection and management of any third-party payment platforms used to accept tips or sell digital products. Virtual Companion Chat LLC shall not be held legally or financially liable for any frozen funds, lost revenue, account bans, or privacy breaches resulting from the Contractor’s use of such platforms.