Independent Trainer Agreement

As an independent contractor, you control the manner, means, and schedule of your training delivery, subject to the terms of any engagement you accept with an agency. You are not an employee of FosterTRAIN, and you are not an employee of any agency solely because your trainings are listed or administered through the Platform.

You have no authority to make commitments, sign agreements, accept service of process, or otherwise act on behalf of FosterTRAIN or any agency. You may not describe yourself as an agent, representative, employee, or spokesperson of FosterTRAIN, and you may not use our name, logo, or branding except as expressly permitted in writing or through an approved profile or listing.

You are not eligible for employee benefits from FosterTRAIN, including health coverage, retirement contributions, paid leave, workers' compensation, or unemployment insurance.

You are responsible for your own income and self-employment taxes, business licenses, registrations, and any required insurance, including professional liability coverage appropriate to the training you deliver. FosterTRAIN does not withhold taxes and will not provide a Form W-2. Where required, you will receive an information return reflecting amounts paid to you from the agency or organization that paid you.

As a trainer using the Platform, you agree to:

• Maintain all licenses, certifications, clearances, and background checks required by law or by the engaging agency, and provide evidence on request.
• Deliver training that is accurate, current, and consistent with the curriculum and learning objectives you publish.
• Hold and maintain any required abuse-prevention or mandated reporter training, and comply with mandated reporting duties under applicable law.
• Treat participants with respect and without discrimination, and maintain a professional, safe learning environment.
• Record attendance, evaluations, and completion data honestly, and never mark attendance for a participant who did not attend.
• Keep your profile, credentials, license details, and availability accurate and up to date.

Agencies contract with trainers directly for the delivery of training. FosterTRAIN provides the software that supports listing, registration, scheduling, attendance, and communication; it is not a party to the training engagement, does not supervise delivery, and does not guarantee a volume of work, a minimum number of registrations, or a particular fee.

Where an agency sets requirements (e.g.: curriculum approval, delivery site, class size, cancellation notice, evaluation standards, or invoicing rules) those requirements are between you and the agency and may be more restrictive than this agreement.

Trainer compensation is set by the engaging agency or by the fee structure published for the training. Payout timing and method are handled through the Platform's payout features where the agency uses them; otherwise the agency pays you directly. Fees owed to you are owed by the agency, not by FosterTRAIN.

You are responsible for the accuracy of the payment details you provide, for the invoices you submit, and for resolving fee disputes with the engaging agency. Platform subscription fees, where they apply to you, are separate from training compensation and are non-refundable once paid.

You are responsible for honoring confirmed sessions and for communicating changes to the agency and participants as early as possible through the Platform. Repeated late cancellations, no-shows, or unresponsive conduct may affect your visibility in listings or your access to the Platform. Cancellation and no-show consequences set by an agency or by the Platform's published policies apply in addition to the terms of your engagement.

You may receive access to participant names, contact details, attendance records, and evaluation responses. That information is confidential and may reveal foster care or child welfare circumstances. You agree to use it only to deliver and report on the training, to keep it secure, and not to copy, record, disclose, or reuse it for any other purpose, including marketing or solicitation.

Do not record sessions, capture participant screens, or distribute participant lists without the written consent of the engaging agency and, where required, the participants. Report any suspected data incident to the agency and to FosterTRAIN promptly.

You keep ownership of the training content, materials, and profile information you upload. You grant FosterTRAIN a non-exclusive license to host, format, display, and transmit that content as needed to operate the Service and to present your trainings to agencies and participants. You confirm that you have the rights to the content you upload and that it does not infringe another party's intellectual property.

You will indemnify and hold harmless FosterTRAIN from claims, losses, and expenses (including reasonable attorneys' fees) arising from the training you deliver, your credentials or their absence, your content, your handling of participant data, or your breach of this agreement or applicable law.

To the maximum extent permitted by law, FosterTRAIN's aggregate liability to you under this agreement is limited to the greater of the platform fees you paid in the twelve (12) months before the claim or one hundred U.S. dollars (US $100), and excludes indirect, incidental, special, consequential, and punitive damages, lost income, and lost opportunity. The Service is provided "AS IS" without warranties of any kind.

This agreement applies for as long as you maintain a trainer account. You may close your account at any time. We may suspend or terminate access for breach of this agreement, credential or conduct concerns, or misuse of participant data. Engagements already confirmed with an agency should be completed or transitioned professionally. Obligations relating to confidentiality, participant data, indemnification, and limitation of liability survive termination.

This agreement is governed by the laws of the State of California, without regard to conflict-of-law rules, and is subject to the dispute provisions in our Terms of Service. Questions about independent trainer status or this agreement should be sent through the Contact page on this site.