LEGALLY BINDING INDEPENDENT CONTRACTOR AGREEMENT
THIS AGREEMENT CREATES LEGAL AND FINANCIAL OBLIGATIONS.
By agreeing to these terms, you confirm you are an INDEPENDENT CONTRACTOR, not an employee, and assume FULL LEGAL AND FINANCIAL RESPONSIBILITY for your services.
YOU ARE RESPONSIBLE FOR YOUR OWN INSURANCE, TAXES, AND LEGAL LIABILITY.
1. DEFINITIONS
- "Agreement"
- This Professional Service Agreement, including all attachments.
- "Platform" or "Company" or "We"
- Learn the Fix, Inc., its website, mobile applications, and services.
- "Professional" or "You" or "Contractor"
- The independent contractor providing instructional services through the Platform.
- "Learning Session"
- Any instructional, hands-on, or educational service you provide.
- "User" or "Learner"
- Individuals who book and participate in your Learning Sessions.
- "Service Fee"
- The fee retained by Learn the Fix for use of the Platform (15%).
- "Insurance Tier"
- The classification of your services as HIGH_RISK, MEDIUM_RISK, or LOW_RISK for insurance purposes.
2. INDEPENDENT CONTRACTOR STATUS
NOT AN EMPLOYEE
2.1. Independent Contractor Relationship. You are an INDEPENDENT CONTRACTOR. You are NOT an employee, agent, partner, joint venturer, or franchisee of Learn the Fix for any purpose whatsoever.
2.2. No Employment Relationship. This Agreement does NOT create an employer-employee relationship. You have NO authority to bind Learn the Fix to any agreement or obligation.
2.3. Control Over Work. You retain SOLE AND ABSOLUTE DISCRETION, JUDGMENT, AND CONTROL over:
- The manner, means, methods, and techniques of providing services
- Your work hours, schedule, and location
- The tools, equipment, and materials used
- Your assistants, employees, or subcontractors (if any)
- Your pricing (subject to Platform minimums)
3. INSURANCE OBLIGATIONS
INSURANCE REQUIREMENTS
Loading specific insurance requirements...
4. INDEMNIFICATION OBLIGATION
INDEMNIFICATION AGREEMENT
YOU AGREE TO PAY OUR LEGAL COSTS
THIS IS A CRITICAL SECTION. YOU ARE FINANCIALLY RESPONSIBLE FOR PROTECTING LEARN THE FIX.
4.1. Agreement to Indemnify. You agree to DEFEND, INDEMNIFY, AND HOLD HARMLESS Learn the Fix, its affiliates, officers, directors, employees, agents, and successors (collectively, "Indemnified Parties") from and against ANY AND ALL claims, demands, lawsuits, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees and court costs) arising out of or relating to:
- Your provision of instructional services, including any personal injury, property damage, or death
- Your breach of this Agreement or violation of Platform policies
- Your violation of any law, regulation, or code
- Any claim that you are an employee of Learn the Fix
- Your failure to maintain required insurance coverage (if applicable)
- Your negligent acts, errors, or omissions
- Your violation of third-party intellectual property rights
- Your tax obligations or failures
4.2. Defense Obligation. If any claim is made against Learn the Fix that falls within this indemnification, you must:
- Provide and pay for legal defense using counsel approved by Learn the Fix
- Pay all costs of investigation, defense, and settlement
- Pay any judgment or award entered against Learn the Fix
- Reimburse Learn the Fix for all expenses incurred
4.3. Control of Defense. Learn the Fix has the right to control the defense of any claim, at your expense, including selecting counsel and deciding whether to settle.
5. PROFESSIONAL REPRESENTATIONS & WARRANTIES
5.1. Qualifications. You represent and warrant that you possess all necessary:
- Skills, training, and experience to safely provide services
- Physical ability to perform the work
- Knowledge of safety procedures and best practices
5.2. Licensing and Certification. You represent and warrant that you:
- Hold all required federal, state, and local licenses, certifications, and registrations
- Will maintain such credentials in good standing
- Will provide proof of credentials upon request
- Will notify Learn the Fix immediately if any credential is suspended or revoked
5.3. Safety Compliance. You agree to:
- Comply with all applicable safety standards, building codes, and regulations
- Use proper personal protective equipment (PPE)
- Ensure safe conditions at all work locations
- Warn Users of known hazards and risks
- Follow manufacturer instructions for all tools and equipment
5.4. Background Check Authorization. You authorize Learn the Fix to conduct background checks, which may include:
- Criminal history
- Sex offender registry checks
- Driving record (if applicable)
- Professional license verification
6. PLATFORM RULES & PAYMENTS
6.1. Service Fee & Professional Compensation. For each completed Learning Session, Learn the Fix assesses a Service Fee equal to 15% of the total session price. The Professional retains 100% of their listed session fee. The Service Fee is retained by Learn the Fix to cover platform use, payment processing, and administrative costs.
6.2. Payment Processing & Timing.
- Clients pay the total session fee (Professional's fee + Learn the Fix Service Fee) upfront to Learn the Fix via our designated payment processor.
- Professional's funds are released for payout upon completion of the session and client confirmation. Client confirmation is deemed received 24 hours after session completion if the User has not raised a dispute. While funds are released immediately, the transfer to the Professional's account is subject to the Payout Schedule in Section 6.3.
6.3. Payout Schedule. Funds that have been released for payout are distributed according to the following schedule:
- Payouts are processed weekly on Tuesdays for all earnings released during the prior weekly period (Monday through Sunday).
- Payment will be made via direct deposit (ACH) or PayPal to the account designated by the Professional in their platform profile.
- A minimum balance of $25.00 is required to initiate a payout.
6.4. Cancellation Policy. Learn the Fix has a platform-wide cancellation policy:
- Cancellation more than 24 hours before session: Full refund to User
- Cancellation between 2 and 24 hours before session: 50% of session price forfeited as cancellation fee
- Cancellation less than 2 hours before session, or no-show: 100% of session price forfeited
- Professional Cancellation: If you need to cancel a session, you must notify the User immediately through the Platform. Repeated cancellations may affect your account status.
7. GENERAL PROVISIONS
7.1. Governing Law. This Agreement is governed by the laws of New York.
7.2. Dispute Resolution. Disputes will be resolved through binding arbitration in New York County, New York.
7.3. Entire Agreement. This is the complete agreement between us.
7.4. Updates. We may update this Agreement. Continued use constitutes acceptance.
ELECTRONIC ACCEPTANCE
BY CHECKING THE BOX DURING REGISTRATION, I ACKNOWLEDGE AND AGREE THAT:
- I am an INDEPENDENT CONTRACTOR, NOT an employee of Learn the Fix
- I am SOLELY RESPONSIBLE for my own taxes and insurance
- I understand my INSURANCE OBLIGATIONS as specified above
- I agree to INDEMNIFY AND DEFEND Learn the Fix as described
- I have read and understand this entire Agreement
Professional's Electronic Signature: _________________________
Business Name: [Your Business Name]
Printed Name: [Your Legal Name]
Date of Acceptance: [Registration Date]
Insurance Tier: [Determined by services]