BAM Website User Terms & Conditions

Last revised: April 19th, 2023

Welcome to BAM Agency's website, located at 517 W 37th Street, New York, NY 10018. By accessing or using this website, you agree to be bound by these terms and conditions, which govern your use of this website and any services or information provided through this website.

General Terms

For further elaboration on these terms, please refer to the subsequent sections on this webpage.

Company Information:

BAM Agency is a temporary staffing agency offering staffing solutions for brand ambassadors and hospitality staffing. Our contact information is info@bamagency.nyc.

Purpose of the Website:

The purpose of this website is to provide information about our services and to allow clients to submit staffing requests.

Use of the Website:

You may use this website only for lawful purposes and in accordance with these terms and conditions. You agree not to use this website in any way that violates any applicable federal, state, local, or international law or regulation.

Intellectual Property:

The content, trademarks, logos, and other intellectual property on this website are owned by BAM Agency or our affiliates or licensors and are protected by United States and international copyright laws. You may not use any content on this website without our express written permission.

Links to Third-Party Websites:

This website may contain links to third-party websites that are not owned or controlled by BAM Agency. We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third-party websites.

Disclaimer of Warranties:

This website is provided "as is" without any representations or warranties, express or implied. BAM Agency makes no representations or warranties in relation to this website or the information and materials provided on this website.

Limitation of Liability:

BAM Agency will not be liable for any damages arising from the use of this website, including, without limitation, direct, indirect, incidental, punitive, and consequential damages.

Indemnification:

You agree to indemnify, defend, and hold harmless BAM Agency and our affiliates, officers, directors, employees, and agents from any claims, actions, losses, damages, liabilities, and expenses arising out of or related to your use of this website.

Governing Law and Jurisdiction:

These terms and conditions shall be governed by and construed in accordance with the laws of the State of New York, without regard to its conflicts of law principles. Any legal action arising out of or relating to these terms and conditions or your use of this website shall be brought exclusively in the state or federal courts located in New York County, New York.

Updates to these Terms:

BAM Agency reserves the right to update or modify these terms and conditions at any time without prior notice. Your continued use of this website after any such changes constitutes your acceptance of the new terms and conditions.

Client Agreement

Services: BAM Agency will provide temporary staffing services to the Client, which may include the recruitment, screening, and placement of brand ambassadors and hospitality staff as requested by the Client.

Payment: Payment for our services will be invoiced directly to the client and handled between BAM Agency and the client. All other terms and conditions, including but not limited to scope of work, timelines, and deliverables, will be discussed and agreed upon in a separate contract between BAM Agency and the client.

Staffing Event Details: The Client agrees to provide BAM Agency with accurate and complete information regarding the staffing event, including the date, time, location, and other relevant details. BAM Agency will use its best efforts to provide qualified and reliable staff to meet the Client's needs.

Responsibility for Staff: The Client is responsible for the behavior and performance of the temporary staff provided by BAM Agency. The Client agrees to provide a safe working environment and to comply with all applicable laws and regulations.

Liability: BAM Agency will not be liable for any damages, losses, or expenses arising out of or related to the temporary staffing services provided to the Client, except to the extent caused by the gross negligence or willful misconduct of BAM Agency.

Confidentiality: The Client agrees to keep confidential all information provided by BAM Agency regarding the temporary staff and the staffing services provided.

Termination: Either party may terminate this agreement upon written notice to the other party. In the event of termination, the Client agrees to pay BAM Agency for all staffing services provided up to the date of termination.

Governing Law and Jurisdiction: This agreement shall be governed by and construed in accordance with the laws of the State of New York, without regard to its conflicts of law principles. Any legal action arising out of or relating to this agreement or the temporary staffing services provided shall be brought exclusively in the state or federal courts located in New York County, New York.

By using BAM Agency's temporary staffing services, the Client agrees to be bound by the terms and conditions of this Client Agreement.

Worker Agreement

Employment Status: The worker understands and agrees that they are being hired as a temporary employee by BAM Agency and will not be considered an employee of the client for whom they are providing staffing services.

Services: The worker agrees to provide temporary staffing services as requested by BAM Agency. These services may include, but are not limited to, working as a brand ambassador or hospitality staff at various events.

Payment: Payment for work completed by the worker will be discussed and agreed upon internally between BAM Agency and the worker. The terms and conditions, including but not limited to scope of work, timelines, and deliverables, will be communicated to the worker in advance and agreed upon by both parties during the hiring process and continuation per event details.

Scheduling: The worker understands and agrees that BAM Agency will provide them with a schedule of upcoming staffing events as far in advance as possible. The worker agrees to notify BAM Agency immediately if they are unable to fulfill any scheduled shifts.

Conduct: The worker agrees to conduct themselves in a professional manner at all times while providing staffing services for BAM Agency. This includes being punctual, dressing appropriately for the staffing event, and following all instructions provided by the client or BAM Agency.

Safety: The worker agrees to follow all safety guidelines and procedures provided by the client or BAM Agency while providing staffing services. The worker also agrees to report any safety concerns or accidents to BAM Agency immediately.

Confidentiality: The worker agrees to keep confidential all information provided by BAM Agency regarding the client and the staffing services provided.

Termination: BAM Agency reserves the right to terminate the worker's employment at any time, with or without cause. The worker also has the right to terminate their employment with BAM Agency at any time, with or without cause.

Independent Contractor Status: The worker understands and agrees that they are an independent contractor, and not an employee of BAM Agency. As such, the worker is responsible for their own taxes and insurance, and is not eligible for benefits or other employee perks provided by BAM Agency.

By providing staffing services for BAM Agency, the worker agrees to be bound by the terms and conditions of this Worker Agreement.

Payment Terms

Currency: All payments must be made in US dollars.

By using BAM Agency's temporary staffing services, the client agrees to be bound by the terms and conditions of these Payment Terms.

Confidentiality and Privacy

Confidentiality Obligations: BAM Agency and its employees agree to keep confidential all information provided by the client regarding its business operations, trade secrets, and other confidential information. BAM Agency and its employees shall not disclose or use any confidential information for any purpose other than providing temporary staffing services to the client.

Privacy: BAM Agency is committed to protecting the privacy of its clients and temporary workers. BAM Agency will not disclose any personal information of its clients or temporary workers to any third parties, except as required by law.

Data Security: BAM Agency will implement and maintain reasonable and appropriate technical and organizational measures to protect the confidentiality, integrity, and availability of any personal information that it processes.

Compliance with Laws: BAM Agency will comply with all applicable laws and regulations regarding the collection, use, and disclosure of personal information, including but not limited to the General Data Protection Regulation (GDPR).

Data Subject Rights: BAM Agency will respect the data subject rights of its clients and temporary workers, including the right to access, correct, delete, or restrict the processing of their personal information.

Data Breach Notification: In the event of a data breach involving personal information processed by BAM Agency, BAM Agency will notify the affected parties as required by law.

By using BAM Agency's temporary staffing services, the client and temporary worker agree to be bound by the terms and conditions of this Confidentiality and Privacy section.

Liability and Indemnification

Limitation of Liability: BAM Agency's liability for any damages arising from or in connection with the temporary staffing services provided to the client shall be limited to the total amount paid by the client to BAM Agency for those services. BAM Agency shall not be liable for any indirect, consequential, or punitive damages.

Indemnification by Client: The client shall indemnify, defend, and hold harmless BAM Agency and its employees from any claims, demands, actions, or damages arising from or in connection with the temporary staffing services provided to the client, including but not limited to claims for personal injury or property damage.

Indemnification by BAM Agency: BAM Agency shall indemnify, defend, and hold harmless the client from any claims, demands, actions, or damages arising from the negligence or willful misconduct of BAM Agency or its employees in providing the temporary staffing services to the client.

Insurance: BAM Agency shall maintain adequate insurance coverage to cover its potential liabilities arising from the temporary staffing services provided to the client.

Compliance with Laws: BAM Agency shall comply with all applicable laws and regulations regarding the temporary staffing services provided to the client.

Force Majeure: BAM Agency shall not be liable for any delay or failure in the performance of its obligations under this agreement caused by events beyond its reasonable control, including but not limited to acts of God, natural disasters, or government actions.

By using BAM Agency's temporary staffing services, the client agrees to be bound by the terms and conditions of this Liability and Indemnification section.

Termination

Termination by Either Party: Either party may terminate this agreement upon written notice to the other party. The notice period shall be specified in the notice, or if no notice period is specified, it shall be 30 days.

Termination for Breach: Either party may terminate this agreement immediately if the other party breaches any material term of this agreement and fails to cure the breach within 14 days of receiving written notice of the breach.

Effect of Termination: Upon termination of this agreement, the client shall immediately pay BAM Agency for all services provided up to the effective date of termination. BAM Agency shall return any client materials in its possession to the client. The parties shall have no further obligations to each other under this agreement, except for those obligations that by their nature survive termination.

Survival: The following provisions shall survive the termination of this agreement: Confidentiality and Privacy, Liability and Indemnification, and Governing Law and Jurisdiction.

By using BAM Agency's temporary staffing services, the client agrees to be bound by the terms and conditions of this Termination section.

Governing Law and Jurisdiction

Governing Law: This agreement shall be governed by and construed in accordance with the laws of the State of New York, without giving effect to any choice or conflict of law provision or rule.

Jurisdiction: The parties agree that any action arising from or in connection with this agreement shall be brought exclusively in the state or federal courts located in New York County, New York, and each party hereby consents to the jurisdiction of such courts.

Waiver of Jury Trial: The parties hereby waive their respective rights to a trial by jury in any action arising from or in connection with this agreement.

Attorneys' Fees: In the event of any dispute arising from or in connection with this agreement, the prevailing party shall be entitled to recover its reasonable attorneys' fees and costs from the other party.

By using BAM Agency's temporary staffing services, the client agrees to be bound by the terms and conditions of this Governing Law and Jurisdiction section.