Swing Education COVID-19 Policy and Agreement for SwingSubs

Thank you for your interest in working as a SwingSub with Swing Education, Inc. (“Swing Education” or “Swing” or “we”). The terms in this agreement (“Agreement”) apply to you whether you are an independent contractor or employee of Swing Education or any Swing Education affiliates, successors, subsidiaries, assigns or parent companies. If you are a employee of Swing Education or any affiliates, successors, subsidiaries, assigns or parent companies of Swing Education, the terms of your employee Code of Conduct and Handbook also apply, though these specific COVID-19 terms are the most up to date and will control in event of conflict. If you are an independent contractor, the terms of your Code of Conduct also apply, though these specific COVID-19 terms are the most up to date and will control in the event of conflict. 

The COVID-19 pandemic, also known as the coronavirus pandemic, is an ongoing global pandemic of coronavirus disease 2019 (“COVID-19”), caused by severe acute respiratory syndrome coronavirus 2 (“SARS-CoV-2”). COVID-19 is an infectious disease that is extremely contagious. COVID-19 can be spread through the air when an infectious person talks or vocalizes, sneezes, coughs, or exhales. Although less common, COVID-19 may also be transmitted when a person touches a contaminated object and then touches their eyes, nose, or mouth. Investigation and knowledge of COVID-19 and associated illnesses is ongoing. Federal, state, and local governments and health agencies have made and continue to make evolving recommendations and regulations to address COVID-19.

School Partners (schools, school districts, or similar institutions that Swing Education partners with and that post Assignments on the Swing Education online platform) are required to provide a clean and safe environment in accordance with relevant federal, state, and local governments and health agency guidance. You must inform Swing Education at www.swingeducation.com/support attn: School Safety Issue, immediately if you believe a School Partner is not adhering to this requirement. We greatly appreciate such reports, which can be made without fear of retaliation. Backing out of an Assignment shortly before or even upon arriving is of course a major inconvenience, however it is your right to do so if you reasonably believe your safety is at issue, and you can do so without fear of retaliation. As with all Assignments, SwingSubs are expected to conduct themselves with the utmost professionalism.

Beyond the reasonable precautions that Swing Education will take, you are to use your own judgment and assume any safety risk, with respect to both accepting and performing an Assignment, including COVID-19 risks. Swing Education provides Workers’ Compensation insurance or occupational accident insurance for SwingSubs, and complies with all applicable local, state and federal COVID-19 benefits requirements.

You must adhere to relevant federal, state, and local government and health ageny mask requirements at all times during an assignment, including but not limited to requirements regarding where and when masks must be worn, what type of masks must be worn, and how they must be worn. Failure to do so is grounds for immediate removal from an Assignment and from the Swing Education platform. If a medical condition, mental health condition, or disability prevents you from wearing a mask or otherwise adhering to relevant mask requirements, or if you are hearing impaired, or communicating with a person who is hearing impaired, where the ability to see the mouth is essential for communication, please contact us at hr@swingeducation.com so that we can discuss reasonable accommodations. 

We evaluate the need for PPE as required by CCR Title 8, section 3380, and provide such PPE as is required. You agree to maintain good hygiene, including but not limited to frequent and thorough hand washing in accordance with the below training video, coughing into a tissue, and regular use of hand sanitizer, etc. You agree to watch this training video from the WHO in full before signing off on this Agreement:

  1.  How to wash your hands  (1:26)  (full URL: https://youtu.be/3PmVJQUCm4E)
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    USE THE PAPER TOWEL TO OPEN THE DOOR WHEN YOU LEAVE, TOO!!

    By signing below, you certify that you will adhere to all relevant federal, state, and local government and health agency COVID-19 guidelines, including but not limited to mask-related guidelines and isolation/quarantine and social distancing guidelines, while working for Swing Education. 

    You agree to familiarize yourself with the rules and protocols of each School Partner at which you accept an Assignment, and to adhere to those rules and protocols (collectively referred to as “Policy”) to the extent they meet or exceed those set forth herein. If a School Partner’s Policy does not meet or exceed the requirements set forth herein or otherwise does not adhere to federal, state, and local governments and health agency requirements, you must report this to Swing at http://www.swingeducation.com/support attn: School Safety Issue, with as much detail pertaining to conditions at the School Partner campus(es) as soon as possible in order for Swing to follow-up with the School Partner and conduct an investigation as needed. You need not stay at an Assignment at a School Partner campus that is not adhering to relevant federal, state, and local governments and health agency requirements, and Swing Education will not penalize you for leaving such an Assignment so long as you inform Swing Education as soon as possible at www.swingeducation.com/support attn: School Safety Issue.

    Daily COVID-19 Symptom Screening

    You must undergo your own daily symptom screening today, on the day you sign up for an Assignment, and the morning of every day in which you engage in an Assignment. If you answer YES to any of the below questions 1-3, you must adhere to relevant federal, state, and local government and health agency isolation, testing, and/or quarantine requirements; You must also notify Swing Education immediately at www.swingeducation.com/support attn: COVID Screening. This notification must include, as is applicable: the date of exposure, the date on which symptoms began, and/or the date of diagnosis. Failure to go through this questionnaire every day in which you engage in an Assignment, to answer it honestly, and adhere to relevant local, state, and federal government and health agency isolation, testing, and quarantine requirements after answering the questionnaire can result in serious risk to School Partner staff and students, therefore Swing Education reserves the right to take serious disciplinary action against you for failure to do so, including immediate removal from the Swing Education platform and possible legal action. For convenience, we have reproduced this list on the last page of this Agreement so you can keep it handy (e.g., print it out and have it readily available). SwingSubs will not be penalized for proactively canceling an Assignment due to this screening.

    1. Do you currently have (or had within the past 3 days) any of the symptoms below that have not been attributed to another condition by a licensed healthcare professional? YES or NO

    Fever of 100.4 degrees Fahrenheit or higher

    Chills

    Cough or sore throat

    Shortness of breath or difficulty breathing

    Fatigue

    Muscle or body aches

    Headache

    Recent onset of loss of taste or smell

    Congestion or runny nose

    Nausea or vomiting

    Diarrhea

    1. Have you had Close Contact with anyone with COVID-19 in the past 10 days? YES or NO
    2. Have you had a positive-COVID test for active virus in the past 10 days? YES or NO

     

    As always, if you are symptomatic, exposed, or test positive for COVID-19, contact your healthcare provider regarding available treatments and any questions concerning your care.

    SwingSubs must adhere to any School Partner request to leave an Assignment because the SwingSub is displaying COVID-19 symptoms or tests positive for COVID-19. In such an event, SwingSubs must also notify Swing as soon as possible at www.swingeducation.com/support attn: COVID Screening. Failure to do so can result in immediate removal from the Swing Education platform. 

    SwingEducation requires School Partners to inform Swing of any confirmed COVID-19 cases on their site, as well as the safety measures taken in response to a confirmed case. Swing reserves the right to suspend that School Partner’s access or restrict their request(s) to remote-only should those safety measures be deemed inadequate. Any such School Partner’s access will be reinstated or in-person learning permitted, as the case may be, only when such safety measures are deemed adequate. Swing will inform SwingSubs of any such confirmed COVID-19 case reports and subsequent safety measures taken as soon as practicable. 

    Swing Education may change this Agreement based on ongoing developments, including applicable laws and government guidance, and will provide you reasonable notice of material changes.

    COVID DAILY SYMPTOM SCREENING QUESTIONNAIRE

    1. Do you currently have (or had within the past 3 days) any of the symptoms below that have not been attributed to another condition by a licensed healthcare professional? YES or NO

    Fever of 100.4 degrees Fahrenheit or higher

    Chills

    Cough or sore throat

    Shortness of breath or difficulty breathing

    Fatigue

    Muscle or body aches

    Headache

    Recent onset of loss of taste or smell

    Congestion or runny nose

    Nausea or vomiting

    Diarrhea

    1. Have you had Close Contact with anyone with COVID-19 in the past 10 days? YES or NO
    2. Have you had a positive-COVID test for active virus in the past 10 days? YES or NO