Independent Contractor Agreement and Safety Rules
Contractor Services Agreement
This contractor services agreement ("Agreement") is made and entered into by and between you ("You") and ShiftRedi LLC ("ShiftRedi"), referenced each as a "Party" or together as the "Parties." This Agreement is effective on the date accepted by You, and by accepting this Agreement, You acknowledge that You have taken the time and sought any assistance needed to comprehend and consider the consequences of this important business decision.
The mutual arbitration provision requires the parties to resolve disputes between them through final and binding arbitration on an individual basis to the fullest extent permitted by law.
1. Definitions
- "Account" means a profile created through the ShiftRedi website and its affiliates.
- "Platform" means the online platform developed and maintained by ShiftRedi.
- "Client" means a company using the platform to request service providers.
- "Client Request" means a request for services posted on the platform by a Client.
- "Open Client Request" means a Client Request that has not been accepted by a Contractor.
- "Client Engagement" means a Client Request that a Contractor has accepted.
- "Contractor" means a service provider operating an independent business.
- "Services" means the work product and/or services provided by a Contractor to a Client.
2. Purpose
This Agreement governs the entire relationship between the Parties and establishes their respective rights and obligations arising out of this relationship, including Your access to the platform and/or use of the ShiftRedi website.
The Parties intend this Agreement to create the relationship of independently contracting parties and not that of employer and employee, joint venture, partners, or principal and agent.
3. The ShiftRedi Platform
ShiftRedi is in the business of developing, maintaining, and distributing the software and logistics necessary to provide and support the website and platform.
ShiftRedi acts as a referral source enabling Clients and Contractors to connect with each other for services; it does not provide workers to Clients or other third parties.
4. Your Operations
You represent that You operate an independently established business providing the services contemplated by this Agreement and satisfy all legal requirements, including having any licenses and/or permits necessary to perform any services under this Agreement.
You possess and maintain at your own expense all equipment, tools, training, and vehicles necessary to lawfully provide services under this Agreement.
5. Insurance Requirements
During the Term of this Agreement, You shall maintain, at Your own expense, up-to-date insurance of the types and amounts required by law in New York for independent contractors, including but not limited to vehicle insurance and workers' compensation insurance if applicable.
6. Indemnity
You agree to indemnify, defend, and hold harmless ShiftRedi, including all parent, subsidiary, and/or affiliates, as well as its and their past and present successors, assigns, officers, owners, directors, representatives, attorneys, employees, and agents from any claims, demands, damages, lawsuits, losses, liabilities, and causes of action arising from this Agreement.
7. Mutual Arbitration and Dispute Resolution
The Parties mutually agree to resolve any and all disputes between them exclusively through final, binding, and individual arbitration instead of filing a lawsuit in court. This Mutual Arbitration Provision is governed by the Federal Arbitration Act.
8. Limitation on Liability
IN NO EVENT WILL SHIFTREDI BE LIABLE TO YOU FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, CONSEQUENTIAL, OR INDIRECT DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE SHIFTREDI PLATFORM OR THIS AGREEMENT.
9. Proprietary Information & Confidentiality
You agree that all business, technical, and financial information developed, learned, or obtained that relate to ShiftRedi or Clients constitute "Proprietary Information." You shall hold in confidence and not disclose any Proprietary Information.
10. Term and Termination
This Agreement shall remain in full force and effect for a term of one (1) year from the date it is accepted by You. At the end of each term, this Agreement shall automatically renew for an additional term of one (1) year.
This Agreement may be terminated early as follows:
- Mutual Agreement: On a date which the Parties have mutually agreed in writing.
- Notice: By either Party upon thirty (30) days written notice.
- Breach: Immediately upon written notice to the breaching Party.
11. Miscellaneous
- Assignment: This Agreement and the services contemplated hereunder are personal to You.
- Notice: All notices under this Agreement shall be in writing.
- Governing Law: This Agreement shall be governed by the laws of the State of New York.
- Waiver and Severability: If any provision is invalid, other provisions remain in effect.
12. Entire Agreement
This Agreement and the documents incorporated herein constitute the entire agreement between the Parties and supersede all previous agreements or representations, written or oral, with respect to the subject matter hereof.
