TERMS OF SERVICE
Sports officiating opportunities provided by Herd of Zebras are coordinated on behalf of Augmented Reality Sports Management Corporation, a Colorado Corporation. Herd of Zebras contracts with sports referees and umpires to officiate games on behalf of our clients (sports leagues, tournaments and camps).
All services are provided on a contract, at will status and are not eligible for benefits and do not meet the IRS requirements of “employed” workers. Herd of Zebras deducts a service fee, “commission” from all referee placements. This fee currently ranges from 5%, for existing referees already managed by a league, to 20%, for new referees which HOZ provides to leagues. These commissions may change at any time without notice. Officials accepting opportunities through Herd of Zebras, will receive notice of the compensation rate in advance of scheduled game(s) in the net amount of compensation.
Herd of Zebras charges a $1.00 processing fee for each payment made to officials. This processing fee may change at any time without notice. Additional deductions of compensation may be made by Herd of Zebras following unsatisfactory performance of contracted officiating duties. These factors include but are not limited to: arriving late for scheduled games, failure to check in at the facility or checking in after a scheduled game start, failure to report game scores and required penalties, conflicts with league staff or players that result in an expulsion from the assigned facility, failure to provide required work ID and documentation requested for contracts.
No minimum contract is required to use the services of Herd of Zebras. No cancellation fee is imposed for the suspension of services by either party.
Certification of Request for Taxpayer identification Number and Certification:
Under penalties of perjury, I certify that: 1. The number shown on this form is my correct taxpayer identification number (or I am waiting for a number to be issued to me); and 2. I am not subject to backup withholding because: (a) I am exempt from backup withholding, or (b) I have not been notified by the Internal Revenue Service (IRS) that I am subject to backup withholding as a result of a failure to report all interest or dividends, or (c) the IRS has notified me that I am no longer subject to backup withholding; and 3. I am a U.S. citizen or other U.S. person (defined below); and 4. The FATCA code(s) entered on this form (if any) indicating that I am exempt from FATCA reporting is correct. Certification instructions. You must cross out item 2 above if you have been notified by the IRS that you are currently subject to backup withholding because you have failed to report all interest and dividends on your tax return. For real estate transactions, item 2 does not apply. For mortgage interest paid, acquisition or abandonment of secured property, cancellation of debt, contributions to an individual retirement arrangement (IRA), and generally, payments other than interest and dividends, you are not required to sign the certification, but you must provide your correct TIN. See the instructions for Part II, later.
Herd of Zebras requires a background check (including local and federal sex offender registry) for all referees prior to service with any league.
I acknowledge receipt of the DISCLOSURE REGARDING BACKGROUND INVESTIGATION and A SUMMARY OF YOUR RIGHTS UNDER THE FAIR CREDIT REPORTING ACT as posted below and certify that I have read and understand both of those documents. I hereby authorize the obtaining of “consumer reports” and/or “investigative consumer reports” by [Employer] (“Employer”) at any time after receipt of this authorization and throughout my employment, if applicable. To this end, I hereby authorize, without reservation, any law enforcement agency, administrator, state or federal agency, institution, school or university (public or private), information service bureau, employer, or insurance company to furnish any and all background information requested by Background Screeners of America, 18344 Oxnard Street, Suite 101, Tarzana, CA 91356; Tel. # 1.877.251.5656; www.backgroundscreeersofamerica.com and/or Employer. I agree that an, electronic or photographic copy of this Authorization shall be as valid as the original.
NOTICE TO USERS OF CONSUMER REPORTS:
OBLIGATIONS OF USERS UNDER THE FCRA
The Fair Credit Reporting Act (FCRA), 15 U.S.C. 1681-1681y, requires that this notice be provided to
inform users of consumer reports of their legal obligations. State law may impose additional
requirements. The text of the FCRA is set forth in full at the Consumer Financial Protection Bureau’s
(CFPB) website at www.consumerfinance.gov/learnmore. At the end of this document is a list of United
States Code citations for the FCRA. Other information about user duties is also available at the CFPB’s
website. Users must consult the relevant provisions of the FCRA for details about their
obligations under the FCRA.
The first section of this summary sets forth the responsibilities imposed by the FCRA on all users of
consumer reports. The subsequent sections discuss the duties of users of reports that contain specific
types of information, or that are used for certain purposes, and the legal consequences of violations. If
you are a furnisher of information to a consumer reporting agency (CRA), you have additional
obligations and will receive a separate notice from the CRA describing your duties as a furnisher.
I. OBLIGATIONS OF ALL USERS OF CONSUMER REPORTS
A. Users Must Have a Permissible Purpose
Congress has limited the use of consumer reports to protect consumers’ privacy. All users must have a
permissible purpose under the FCRA to obtain a consumer report. Section 604 contains a list of the
permissible purposes under the law. These are:
As ordered by a court or a federal grand jury subpoena. Section 604(a)(1)
As instructed by the consumer in writing. Section 604(a)(2)
For the extension of credit as a result of an application from a consumer, or the review or
collection of a consumer’s account. Section 604(a)(3)(A)
For employment purposes, including hiring and promotion decisions, where the consumer has
given written permission. Sections 604(a)(3)(B) and 604(b)
For the underwriting of insurance as a result of an application from a consumer. Section
When there is a legitimate business need, in connection with a business transaction that is
initiated by the consumer. Section 604(a)(3)(F)(i)
To review a consumer’s account to determine whether the consumer continues to meet the
terms of the account. Section 604(a)(3)(F)(ii)
To determine a consumer’s eligibility for a license or other benefit granted by a governmental
instrumentality required by law to consider an applicant’s financial responsibility or status.
For use by a potential investor or servicer, or current insurer, in a valuation or assessment of the
credit or prepayment risks associated with an existing credit obligation. Section 604(a)(3)(E)
For use by state and local officials in connection with the determination of child support
payments, or modifications and enforcement thereof. Sections 604(a)(4) and 604(a)(5)
In addition, creditors and insurers may obtain certain consumer report information for the purpose of
making “prescreened” unsolicited offers of credit or insurance. Section 604(c). The particular
obligations of users of “prescreened” information are described in Section VII below.
Notice to Users of Consumer Reports – Rev. Eff. January 1, 2013 Page 2 of 6
B. Users Must Provide Certifications
Section 604(f) prohibits any person from obtaining a consumer report from a consumer reporting
agency (CRA) unless the person has certified to the CRA the permissible purpose(s) for which the
report is being obtained and certifies that the report will not be used for any other purpose.
C. Users Must Notify Consumers When Adverse Actions Are Taken
The term “adverse action” is defined very broadly by Section 603. “Adverse actions” include all
business, credit, and employment actions affecting consumers that can be considered to have a
negative impact as defined by Section 603(k) of the FCRA – such as denying or canceling credit or
insurance, or denying employment or promotion. No adverse action occurs in a credit transaction where
the creditor makes a counteroffer that is accepted by the consumer.
1. Adverse Actions Based on Information Obtained From a CRA
If a user takes any type of adverse action as defined by the FCRA that is based at least in part on
information contained in a consumer report, Section 615(a) requires the user to notify the consumer.
The notification may be done in writing, orally, or by electronic means. It must include the following:
The name, address, and telephone number of the CRA (including a toll-free telephone number,
if it is a nationwide CRA) that provided the report.
A statement that the CRA did not make the adverse decision and is not able to explain why the
decision was made.
A statement setting forth the consumer’s right to obtain a free disclosure of the consumer’s file
from the CRA if the consumer makes a request within 60 days.
A statement setting forth the consumer’s right to dispute directly with the CRA the accuracy or
completeness of any information provided by the CRA.
2. Adverse Actions Based on Information Obtained From Third Parties Who Are Not Consumer
If a person denies (or increases the charge for) credit for personal, family, or household purposes
based either wholly or partly upon information from a person other than a CRA, and the information is
the type of consumer information covered by the FCRA, Section 615(b)(1) requires that the user clearly
and accurately disclose to the consumer his or her right to be told the nature of the information that was
relied upon if the consumer makes a written request within 60 days of notification. The user must
provide the disclosure within a reasonable period of time following the consumer’s written request.
3. Adverse Actions Based on Information Obtained From Affiliates
If a person takes an adverse action involving insurance, employment, or a credit transaction initiated by
the consumer, based on information of the type covered by the FCRA, and this information was
obtained from an entity affiliated with the user of the information by common ownership or control,
Section 615(b)(2) requires the user to notify the consumer of the adverse action. The notice must
inform the consumer that he or she may obtain a disclosure of the nature of the information relied upon
by making a written request within 60 days of receiving the adverse action notice. If the consumer
makes such a request, the user must disclose the nature of the information not later than 30 days after
receiving the request. If consumer report information is shared among affiliates and then used for an
adverse action, the user must make an adverse action disclosure as set forth in I.C.1 above.
Notice to Users of Consumer Reports – Rev. Eff. January 1, 2013 Page 3 of 6
D. Users Have Obligations When Fraud and Active Duty Military Alerts are in Files
When a consumer has placed a fraud alert, including one relating to identify theft, or an active duty
military alert with a nationwide consumer reporting agency as defined in Section 603(p) and resellers,
Section 605A(h) imposes limitations on users of reports obtained from the consumer reporting agency
in certain circumstances, including the establishment of a new credit plan and the issuance of additional
credit cards. For initial fraud alerts and active duty alerts, the user must have reasonable policies and
procedures in place to form a belief that the user knows the identity of the applicant or contact the
consumer at a telephone number specified by the consumer; in the case of extended fraud alerts, the
user must contact the consumer in accordance with the contact information provided in the consumer’s
E. Users Have Obligations When Notified of an Address Discrepancy
Section 605(h) requires nationwide CRAs, as defined in Section 603(p), to notify users that request
reports when the address for a consumer provided by the user in requesting the report is substantially
different from the addresses in the consumer’s file. When this occurs, users must comply with
regulations specifying the procedures to be followed.
Federal regulations are available at www.consumerfinance.gov/learnmore.
F. Users Have Obligations When Disposing of Records
Section 628 requires that all users of consumer report information have in place procedures to properly
dispose of records containing this information. Federal regulations are available at
II. CREDITORS MUST MAKE ADDITIONAL DISCLOSURES
If a person uses a consumer report in connection with an application for, or a grant, extension, or
provision of, credit to a consumer on material terms that are materially less favorable than the most
favorable terms available to a substantial proportion of consumers from or through that person, based
in whole or in part on a consumer report, the person must provide a risk-based pricing notice to the
consumer in accordance with regulations prescribed by the CFPB.
Section 609(g) requires a disclosure by all persons that make or arrange loans secured by residential
real property (one to four units) and that use credit scores. These persons must provide credit scores
and other information about credit scores to applicants, including the disclosure set forth in Section
609(g)(1)(D) (“Notice to the Home Loan Applicant”).
III. OBLIGATIONS OF USERS WHEN CONSUMER REPORTS ARE OBTAINED FOR
A. Employment Other Than in the Trucking Industry
If the information from a CRA is used for employment purposes, the user has specific duties, which are
set forth in Section 604(b) of the FCRA. The user must:
Make a clear and conspicuous written disclosure to the consumer before the report is obtained,
in a document that consists solely of the disclosure, that a consumer report may be obtained.
Obtain from the consumer prior written authorization. Authorization to access reports during the
term of employment may be obtained at the time of employment.
Notice to Users of Consumer Reports – Rev. Eff. January 1, 2013 Page 4 of 6
Certify to the CRA that the above steps have been followed, that the information being obtained
will not be used in violation of any federal or state equal opportunity law or regulation, and that,
if any adverse action is to be taken based on the consumer report, a copy of the report and a
summary of the consumer’s rights will be provided to the consumer.
Before taking an adverse action, the user must provide a copy of the report to the consumer as
well as the summary of consumer’s rights (The user should receive this summary from the
CRA.) A Section 615(a) adverse action notice should be sent after the adverse action is taken.
An adverse action notice also is required in employment situations if credit information (other than
transactions and experience data) obtained from an affiliate is used to deny employment. Section
The procedures for investigative consumer reports and employee misconduct investigations are set
B. Employment in the Trucking Industry
Special rules apply for truck drivers where the only interaction between the consumer and the potential
employer is by mail, telephone, or computer. In this case, the consumer may provide consent orally or
electronically, and an adverse action may be made orally, in writing, or electronically. The consumer
may obtain a copy of any report relied upon by the trucking company by contacting the company.
IV. OBLIGATIONS WHEN INVESTIGATIVE CONSUMER REPORTS ARE USED
Investigative consumer reports are a special type of consumer report in which information about a
consumer’s character, general reputation, personal characteristics, and mode of living is obtained
through personal interviews by an entity or person that is a consumer reporting agency. Consumers
who are the subjects of such reports are given special rights under the FCRA. If a user intends to
obtain an investigative consumer report, Section 606 requires the following:
The user must disclose to the consumer that an investigative consumer report may be obtained.
This must be done in a written disclosure that is mailed, or otherwise delivered, to the consumer
at some time before or not later than three days after the date on which the report was first
requested. The disclosure must include a statement informing the consumer of his or her right to
request additional disclosures of the nature and scope of the investigation as described below,
and the summary of consumer rights required by Section 609 of the FCRA. (The summary of
consumer rights will be provided by the CRA that conducts the investigation.)
The user must certify to the CRA that the disclosures set forth above have been made and that
the user will make the disclosure described below.
Upon the written request of a consumer made within a reasonable period of time after the
disclosures required above, the user must make a complete disclosure of the nature and scope
of the investigation. This must be made in a written statement that is mailed or otherwise
delivered, to the consumer no later than five days after the date on which the request was
received from the consumer or the report was first requested, whichever is later in time.
V. SPECIAL PROCEDURES FOR EMPLOYEE INVESTIGATIONS
Section 603(x) provides special procedures for investigations of suspected misconduct by an employee
or for compliance with Federal, state or local laws and regulations or the rules of a self-regulatory
organization, and compliance with written policies of the employer. These investigations are not treated
as consumer reports so long as the employer or its agent complies with the procedures set forth in
Section 603(x), and a summary describing the nature and scope of the inquiry is made to the employee
if an adverse action is taken based on the investigation.
Notice to Users of Consumer Reports – Rev. Eff. January 1, 2013 Page 5 of 6
VI. OBLIGATIONS OF USERS OF MEDICAL INFORMATION
Section 604(g) limits the use of medical information obtained from consumer reporting agencies (other
than payment information that appears in a coded form that does not identify the medical provider). If
the information is to be used for an insurance transaction, the consumer must give consent to the user
of the report or the information must be coded. If the report is to be used for employment purposes – or
in connection with a credit transaction (except as provided in regulations) the consumer must provide
specific written consent and the medical information must be relevant. Any user who receives medical
information shall not disclose the information to any other person (except where necessary to carry out
the purpose for which the information was disclosed, or a permitted by statute, regulation, or order).
VII. OBLIGATIONS OF USERS OF “PRESCREENED” LISTS
The FCRA permits creditors and insurers to obtain limited consumer report information for use in
connection with unsolicited offers of credit or insurance under certain circumstances. Sections 603(1),
604(c), 604(e), and 615(d). This practice is known as “prescreening” and typically involves obtaining
from a CRA a list of consumers who meet certain pre-established criteria. If any person intends to use
prescreened lists, that person must (1) before the offer is made, establish the criteria that will be relied
upon to make the offer and to grant credit or insurance, and (2) maintain such criteria on file for a threeyear
period beginning on the date on which the offer is made to each consumer. In addition, any user
must provide with each written solicitation a clear and conspicuous statement that:
Information contained in a consumer’s CRA file was used in connection with the transaction.
The consumer received the offer because he or she satisfied the criteria for credit worthiness or
insurability used to screen for the offer.
Credit or insurance may not be extended if, after the consumer responds, it is determined that
the consumer does not meet the criteria used for screening or any applicable criteria bearing on
credit worthiness or insurability, or the consumer does not furnish required collateral.
The consumer may prohibit the use of information in his or her file in connection with future
prescreened offers of credit or insurance by contacting the notification system established by
the CRA that provided the report. The statement must include the address and toll-free
telephone number of the appropriate notification system.
In addition, the CFPB has established the format, type size, and manner of the disclosure required by
Section 615(d), with which users must comply. The relevant regulation is 12 CFR 1022.54.
VIII. OBLIGATIONS OF RESELLERS
A. Disclosure and Certification Requirements
Section 607(e) requires any person who obtains a consumer report for resale to take the following
Disclose the identity of the end-user to the source CRA.
Identify to the source CRA each permissible purpose for which the report will be furnished to the
Establish and follow reasonable procedures to ensure that reports are resold only for
permissible purposes, including procedures to obtain:
(1) the identify of all end-users;
(2) certifications from all users of each purpose for which reports will be used; and
Notice to Users of Consumer Reports – Rev. Eff. January 1, 2013 Page 6 of 6
(3) certifications that reports will not be used for any purpose other than the purpose(s) specified
to the reseller. Resellers must make reasonable efforts to verify this information before selling
B. Reinvestigations by Resellers
Under Section 611(f), if a consumer disputes the accuracy or completeness of information in a report
prepared by a reseller, the reseller must determine whether this is a result of an action or omission on
its part and, if so, correct or delete the information. If not, the reseller must send the dispute to the
source CRA for reinvestigation. When any CRA notifies the reseller of the results of an investigation,
the reseller must immediately convey the information to the consumer.
C. Fraud Alerts and Resellers
Section 605A(f) requires resellers who receive fraud alerts or active duty alerts from another consumer
reporting agency to include these in their reports.
IX. LIABILITY FOR VIOLATIONS OF THE FCRA
Failure to comply with the FCRA can result in state government or federal government enforcement
actions, as well as private lawsuits. Sections 616, 617, and 621. In addition, any person who knowingly
and willfully obtains a consumer report under false pretenses may face criminal prosecution. Section
The CFPB’s website, www.consumerfinance.gov/learnmore, has more information about the
FCRA, including publications for businesses and the full text of the FCRA.
Citations for FCRA sections in the U.S. Code, 15 U.S.C. § 1681 et seq.:
Section 602 15 U.S.C. 1681
Section 603 15 U.S.C. 1681a
Section 604 15 U.S.C. 1681b
Section 605 15 U.S.C. 1681c
Section 605A 15 U.S.C. 1681c-A
Section 605B 15 U.S.C. 1681c-B
Section 606 15 U.S.C. 1681d
Section 607 15 U.S.C. 1681e
Section 608 15 U.S.C. 1681f
Section 609 15 U.S.C. 1681g
Section 610 15 U.S.C. 1681h
Section 611 15 U.S.C. 1681i
Section 612 15 U.S.C. 1681j
Section 613 15 U.S.C. 1681k
Section 614 15 U.S.C. 1681l
Section 615 15 U.S.C. 1681m
Section 616 15 U.S.C. 1681n
Section 617 15 U.S.C. 1681o
Section 618 15 U.S.C. 1681p
Section 619 15 U.S.C. 1681q
Section 620 15 U.S.C. 1681r
Section 621 15 U.S.C. 1681s
Section 622 15 U.S.C. 1681s-1
Section 623 15 U.S.C. 1681s-2
Section 624 15 U.S.C. 1681t
Section 625 15 U.S.C. 1681u
Section 626 15 U.S.C. 1681v
Section 627 15 U.S.C. 1681w
Section 628 15 U.S.C. 1681x
Section 629 15 U.S.C. 1681y
New York applicants only: Upon request, you will be informed whether or not a consumer report was requested by the Employer, and if such report was requested, informed of the name and address of the consumer reporting agency that furnished the report. You have the right to inspect and receive a copy of any investigative consumer report requested by the Employer by contacting the consumer reporting agency identified above directly. By signing below, you acknowledge receipt of Article 23-A of the New York Correction Law.
New York City applicants only: You acknowledge and authorize the Employer to provide any notices required by federal, state or local law to you at the address(es) and/or email address(es) you provided to the Employer.
Washington State applicants only: You also have the right to request from the consumer reporting agency a written summary of your rights and remedies under the Washington Fair Credit Reporting Act.
Minnesota and Oklahoma applicants only: Please email us at [email protected] if you would like to receive a copy of a consumer report if one is obtained by the Employer.
Herd of Zebras, it’s staff, management and investors do not accept liability for the actions of contracted referees fulfilling game officiating at any facility or actions before or after a scheduled game. A refund of compensation will be made for any services that were not performed as reported. No refund of compensation will be made for officiating services rendered relating to the quality of performance, adherence to rules, or any decisions made by the referee in interpreting the rules of the game and invoking judgments and or penalties on players during the course of game play.
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