Herald Agreement

Effective date: Not yet in effect (draft)
Version: 1 (draft)

This Herald Agreement ("Agreement") is between you ("Herald", "you") and Space4Rent LLC, doing business as Tabard ("Tabard", "we", "us"), Nashua, New Hampshire. It applies to you when you sign up as a Herald and use the Tabard Service. It works together with the Tabard Terms of Service and Privacy Policy. If they conflict on a Herald matter, this Agreement controls.

1. What Tabard is, and what it is not

Tabard is an online marketplace that connects Heralds with local businesses ("Brands"). A Brand posts a campaign and pays a posted rate. You apply. If a Brand approves you, you may wear the Brand's apparel in public and submit check-ins to show you did so.

Tabard is a platform. We are not your employer, and the Brand is not your employer. You are not entitled to wages, benefits, or any assignment. Nothing in this Agreement creates an employment, partnership, or joint-venture relationship.

2. You are an independent contractor

You decide whether to apply to any campaign, and you may decline or withdraw as set out in section 5.
You decide how, where, and when to wear the apparel within the campaign dates and check-in windows. A campaign may show an "hours per day" figure that the Brand suggests; it is a suggestion of how long the apparel is expected to be worn, not a work schedule.
You provide your own phone, clothing worn with the apparel, transport, and anything else you need.
You may work for other people and use other platforms.
You are responsible for your own taxes, insurance, and any licenses (see section 11).
Neither Tabard nor a Brand supervises you, trains you, or sets your methods. The only consequence of not completing a check-in is that you are not paid for it.

3. Eligibility

To be a Herald you must:

be at least 18 years old, and confirm so at signup;
live in the United States;
give true profile information (display name, city, state, top size) and keep it up to date;
have the legal right to receive payment in the United States; and
complete payout setup with Stripe, our payment provider, to receive money.

We may refuse or close an account that does not meet these requirements.

4. Applying and approval

You may apply to open campaigns. A Brand sees your display name, city and state, and top size, and may approve or reject your application. Approval or rejection is the Brand's decision and is final for that campaign.
Approval does not guarantee payment. Payment is described in section 8.
The number of spots is limited. When all spots are filled, other applications may be rejected.

5. Withdrawing

You may withdraw a pending application at any time, and it is final: you may not reapply to that campaign.
If you have been approved, you may withdraw only while the campaign is still open and more than 48 hours before 12:00 a.m. Eastern Time on the campaign's start date. After that, you cannot withdraw in the app. Email info@space4rentllc.com if something serious prevents you taking part. If you stop taking part, you simply miss check-ins and are not paid for them.
If a campaign is cancelled by the Brand before it starts, no one is paid and you owe nothing.

6. The apparel

The Brand gives you the apparel by hand, at a time and place you and the Brand arrange. Tabard does not make, sell, ship, or inspect apparel.
Unless the campaign says otherwise, you may keep the apparel after the campaign.
Wear the apparel as the Brand intends. Do not alter, deface, or use it to mislead anyone. Do not wear it while doing anything illegal, unsafe, or likely to harm the Brand's reputation.
Check size, fit, fabric, and care instructions yourself. Do not wear anything that is unsafe for you. If you are hurt or uncomfortable, stop.
Do not wear or promote a Brand's apparel if it would make you break a law or an agreement with someone else.

7. Check-ins

Each campaign has three check-ins: start, middle, and end.

When: the start check-in is on the campaign start date; the end check-in is on the end date; the middle check-in is on the day halfway through. Each check-in window opens at 12:00 a.m. Eastern Time on its day and closes at 12:00 a.m. Eastern Time two days later. You can only check in while the campaign is active and the window is open.
How: you take a photo with your phone and your phone sends its location (latitude, longitude, accuracy), and our server records the time. You must accept the check-in notice first.
Spacing: two live check-ins of the same application must be at least 3 hours apart.
What a check-in must show: you wearing the Brand's apparel, at the place you really are. Check in only while wearing the apparel and really at that location. Do not submit photos or locations that are false, edited, old, or taken from someone else.
Other people: keep other people out of the photo where you can.
Review: the Brand reviews each check-in and approves or rejects it. A rejection needs a written reason, and you may retake the photo until the window closes. If a Brand does not review a check-in within 7 days, it is approved automatically.
Second look: if you believe a rejection is wrong, email info@space4rentllc.com as soon as you can, and within 2 days of the rejection. Tabard will take a second look and may approve the check-in. Pay is worked out automatically after the campaign has ended and all check-ins are reviewed, which can happen the day after the last review. Once pay has been worked out, we cannot promise to change it, although we may correct a clear mistake. Our decision on the second look is final.
False check-ins: a false or misleading check-in may lead to loss of pay, suspension, or a permanent ban.

8. Pay

Rate: each campaign states a rate per Herald (at least $25.00). You keep 100% of the posted rate. The Brand pays Tabard's fee on top; it is not taken from you.
How it is earned: your rate is divided by check-in: 40% for start, 20% for middle, 40% for end. You earn the share for each approved check-in. A check-in that is rejected and not corrected, or that you do not send, earns nothing. Your pay is not reduced for any other reason.
When it is worked out: pay is calculated after the campaign has ended and all check-ins are reviewed or auto-approved. Until then you see progress but not a final amount.
When it is paid: Tabard sends your pay to your Stripe payout account after calculation, usually within a few days of the campaign finishing. Timing depends on Stripe and your bank.
Payout account: to be paid you must finish payout setup with Stripe. Stripe's own terms and identity checks apply to you. We do not control Stripe's decisions.
Held pay: if your payout account is missing or not ready when pay is due, your pay is held, it stays owed to you, and Tabard tries again automatically each day.
Failed payouts: if Stripe rejects a transfer, we retry for a limited time. If it keeps failing, the payout shows as failed and you should contact info@space4rentllc.com.
No other payments: except as the campaign says in writing, you are not owed tips, bonuses, or expenses.
Corrections: if we pay you too much by mistake, you agree we may deduct it from future payouts or ask you to repay it.
Tabard may not pay a Herald who has broken this Agreement through fraud, false check-ins, or abuse, or where the law prohibits payment.

9. Your content and what we may do with it

Your check-in photos and location are yours. You give Tabard and the Brand running that campaign a limited, non-exclusive, non-transferable license to store, display, and use them only to verify the check-in, run the Service, resolve disputes, and meet legal requirements.
The Brand may not use your check-in photos in its own marketing, advertising, or social media. If a Brand wants to use your image, it must ask you separately and you may say no.
Photos and exact locations are deleted 90 days after the campaign end date, or later if payments for the campaign are not yet finished (see Privacy Policy).
You promise that the photos are yours to give, and that you took them yourself.

10. Rules of conduct

Be honest. Do not make false statements about the Brand, Tabard, or yourself.
Do not harass or threaten anyone, break the law, or damage property while wearing the apparel.
Do not share, sell, or give your account to anyone. One account per person.
Do not attempt to bypass the app, for example by arranging side payments with a Brand to avoid Tabard.
Do not interfere with the Service, test its security without permission, or collect other users' data.
Do not post about a campaign in a way that is misleading. If you post about a Brand on social media, the law may require you to say the Brand is paying you (for example, "#ad" or "sponsored").

11. Taxes

You are responsible for reporting and paying all taxes on what you earn.
Tabard may be required to report your earnings to tax authorities (for example on Form 1099) and to collect your tax information. Stripe may collect that information for us. If you do not provide required information, we may be required to withhold part of your pay or delay it.
Tabard does not give tax advice.

12. Suspension and ending

You may close your account at any time by emailing info@space4rentllc.com. Pay you have already earned will still be paid.
We may suspend or close your account if you break this Agreement, submit false check-ins, misuse the Service, or if we must for legal reasons. We will give a reason where we can. Pay already earned for approved check-ins is still owed unless section 8 allows us to withhold it.

13. Risk and responsibility

You wear the apparel and attend places at your own risk. You are responsible for your own safety and for obeying the law.
To the extent the law allows, Tabard and the Brand are not responsible for injuries, losses, or damage to you or your property caused by your own conduct or third parties, except where they are caused by our or the Brand's own wrongdoing or where the law does not allow us to exclude responsibility.
Nothing in this Agreement limits any right you have under law that cannot be waived.

14. Disputes

First, email info@space4rentllc.com and give us a reasonable chance to resolve the problem.
This Agreement is governed by New Hampshire law. Any lawsuit must be filed in the state or federal courts in or for Hillsborough County, New Hampshire, and you and Tabard consent to those courts.

15. Changes

We may change this Agreement. If a change is material, we will give you notice in the Service or by email before it takes effect, and you may close your account if you do not agree. Continued use after the effective date means you accept it. Campaigns you have already been approved for continue under the version in effect when you were approved.

16. General

This Agreement, the Terms of Service, and the Privacy Policy are the whole agreement between you and Tabard on these topics.
If part of it is unenforceable, the rest still applies.
You may not transfer your rights under it. We may transfer ours to a successor of Tabard.
Not enforcing a part does not give it up.

17. Contact

Space4Rent LLC, doing business as Tabard
Email: info@space4rentllc.com