LEGAL NOTICE
THIS IS A LEGALLY BINDING AGREEMENT THAT AFFECTS YOUR LEGAL RIGHTS.
By using the Learn the Fix platform or participating in any Learning Session, you agree to these terms. If you do not agree, DO NOT use the platform.
YOU ARE GIVING UP IMPORTANT LEGAL RIGHTS, INCLUDING YOUR RIGHT TO SUE.
1. DEFINITIONS
- "Platform" or "We" or "Us"
- Learn the Fix, Inc., its website, mobile applications, and services.
- "User" or "You" or "Learner"
- Any individual who uses the Platform to find, book, or participate in Learning Sessions.
- "Professional" or "Instructor"
- Independent contractors who provide instructional services through the Platform.
- "Learning Session"
- Any instructional, hands-on, or educational activity arranged through the Platform.
- "Insurance Tier"
- Classification of services as HIGH_RISK, MEDIUM_RISK, or LOW_RISK for insurance purposes.
- "Service Fee"
- The 15% fee retained by Learn the Fix for platform use and payment processing.
2. ACKNOWLEDGMENT OF INHERENT RISKS
2.1. Dangerous Activities. You understand and acknowledge that:
- Hands-on repair, maintenance, construction, renovation, and instructional activities involve INHERENT AND UNAVOIDABLE RISKS of serious personal injury, permanent disability, death, and property damage.
- These risks exist even when proper safety precautions are taken.
- You are voluntarily participating in these activities with full knowledge of the dangers involved.
2.2. Specific Risks Include:
- Physical Injury: Cuts, lacerations, puncture wounds, burns (thermal, chemical, electrical), fractures, concussions, eye injuries, hearing loss, repetitive stress injuries
- Electrical Hazards: Electrocution, electrical shock, arc flash, electrical fires
- Chemical Exposure: Toxic fumes, chemical burns, inhalation hazards, allergic reactions
- Mechanical Hazards: Crushing injuries, amputations, entanglement in machinery
- Structural Hazards: Falls from height, collapsing structures, falling objects
- Tool & Equipment Risks: Malfunction, improper use, defective equipment, kickback
- Fire & Explosion Risks: Gas leaks, flammable materials, welding hazards
- Environmental Risks: Extreme temperatures, poor ventilation, inadequate lighting
2.3. No Supervision or Control. You acknowledge that:
- Learn the Fix does NOT supervise, control, or direct the work of Professionals.
- Professionals are INDEPENDENT CONTRACTORS, not employees or agents of Learn the Fix.
- Learn the Fix does NOT provide tools, equipment, or materials for Learning Sessions.
- Learn the Fix does NOT inspect work sites, tools, or equipment for safety.
2.4. Age Requirement. You represent that you are at least 18 years of age and legally competent to enter into this Agreement. Minors are NOT permitted to use the Platform or participate in Learning Sessions.
3. ASSUMPTION OF RISK
ASSUMPTION OF ALL RISKS
3.1. Voluntary Assumption. You VOLUNTARILY AND FULLY ASSUME ALL RISKS, both known and unknown, of personal injury, death, property damage, or other loss resulting from or related to:
- Your participation in any Learning Session
- Your use of any tools, equipment, or materials
- The acts, omissions, or negligence of any Professional
- Your own acts, omissions, or negligence
- Conditions at any work site or location
- Lack of insurance coverage by any Professional
3.2. Your Responsibility. You are solely responsible for:
- Determining if a Learning Session is appropriate for your skill level and physical abilities
- Providing and using proper personal protective equipment (PPE)
- Ensuring your work area is safe and suitable for the activity
- Following all safety instructions and warnings
- Obtaining any necessary permits or approvals
- Complying with all applicable laws, codes, and regulations
- Verifying a Professional's insurance coverage if important to you
4. RELEASE OF LIABILITY & WAIVER OF CLAIMS
RELEASE AND WAIVER OF CLAIMS
4.1. Complete Release. In consideration for being allowed to participate in Learning Sessions, you HEREBY RELEASE, WAIVE, DISCHARGE, AND COVENANT NOT TO SUE Learn the Fix, Inc., its officers, directors, employees, agents, affiliates, successors, and assigns (collectively, the "Released Parties") from ANY AND ALL LIABILITY, CLAIMS, DEMANDS, ACTIONS, AND CAUSES OF ACTION whatsoever arising out of or related to any loss, damage, injury, or death, that may be sustained by you or to any property belonging to you.
4.2. Scope of Release. This release covers, but is not limited to:
- Claims based on the NEGLIGENCE of the Released Parties
- Claims based on premises liability or dangerous conditions
- Claims for inadequate instruction or supervision
- Claims for defective equipment or tools
- Claims for failure to warn of dangers
- Claims based on any other legal theory
- Claims related to a Professional's lack of insurance
4.3. This Release Applies Even If:
- The loss or damage is caused by the negligence or fault of the Released Parties
- The Released Parties fail to take reasonable safety precautions
- The Released Parties fail to warn of known dangers
- The Released Parties fail to properly screen or verify Professionals
- A Professional fails to maintain required insurance coverage
5. INDEMNIFICATION AGREEMENT
5.1. Your Promise to Protect Us. You agree to DEFEND, INDEMNIFY, AND HOLD HARMLESS the Released Parties from and against any and all claims, demands, lawsuits, damages, losses, costs, and expenses (including reasonable attorneys' fees) arising out of or relating to:
- Your participation in any Learning Session
- Your use of the Platform
- Your violation of this Agreement
- Your violation of any law or third-party rights
- Your acts or omissions that cause injury to others
- Your failure to verify a Professional's qualifications or insurance
6. PROFESSIONALS ARE INDEPENDENT CONTRACTORS
6.1. No Agency Relationship. You acknowledge and agree that:
- Professionals are NOT employees, agents, or representatives of Learn the Fix
- Learn the Fix does NOT control or direct their work methods
- Professionals are responsible for their own insurance, licenses, and qualifications
- You should verify a Professional's credentials, insurance, and qualifications
6.2. Platform is a Marketplace Only. Learn the Fix is a technology platform that connects Users with Professionals. We are NOT:
- A provider of home repair or construction services
- An employer of Professionals
- A guarantor of the quality or safety of services
- An insurer against losses or damages
- We do NOT guarantee, warrant, or verify the skills, qualifications, licensing, insurance, or background of any Professional
- You are solely responsible for verifying a Professional's credentials before engaging their services
6.3. No Insurance Provided. Learn the Fix does NOT provide any insurance coverage for Users. Professionals are required to maintain their own insurance as independent contractors based on their service tier, but Learn the Fix does not guarantee the adequacy or validity of such insurance for your protection.
7. INSURANCE INFORMATION & PROFESSIONAL VERIFICATION
INSURANCE SYSTEM DETAILS
Learn the Fix implements a tiered insurance system:
HIGH-RISK SERVICES (Electrical, Plumbing, HVAC, etc.)
- Mandatory Insurance: Professionals must maintain at least $1,000,000 in general liability insurance
- Affirmation Required: Professionals affirm under penalty of perjury that they have required coverage
- Proof Available: Learn the Fix Legal Team can request proof within 48 hours when legally necessary
- Consequences: False affirmation may result in account termination and legal action
MEDIUM-RISK SERVICES (Carpentry, Drywall, Painting, etc.)
- Insurance Recommended: Strongly advised but not required
- Acknowledgment Required: Professionals acknowledge insurance is recommended
- Client Verification: You may ask professionals about their insurance coverage
LOW-RISK SERVICES (Technology, Tutoring, Cleaning, etc.)
- Insurance Optional: No insurance requirements
- Information Only: Professionals are informed about optional insurance
- Client Discretion: Insurance verification is at your discretion
Verification Tip: Before booking, you can ask a Professional about their insurance coverage. High-risk professionals should be able to provide proof if requested.
8. PAYMENTS & CANCELLATIONS
8.1. Service Fee Structure. Learn the Fix assesses a 15% Service Fee on all Learning Sessions. This fee covers platform use, payment processing, and administrative costs.
8.2. Cancellation Policy. Learn the Fix has a platform-wide cancellation policy:
- Cancellation more than 24 hours before session: Full refund
- 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 a Professional cancels, you will receive a full refund automatically
All cancellations must be made through the Platform to be valid.
9. GENERAL PROVISIONS
9.1. Entire Agreement. This Agreement constitutes the entire agreement between you and Learn the Fix regarding the subject matter.
9.2. Severability. If any part of this Agreement is found to be invalid, the remainder remains in full force and effect.
9.3. Governing Law. This Agreement shall be governed by the laws of the State of New York, without regard to conflict of law principles.
9.4. Dispute Resolution. Any disputes shall be resolved through binding arbitration in New York County, New York.
9.5. Updates to Agreement. Learn the Fix may update this Agreement at any time. Continued use of the Platform constitutes acceptance of updates.
9.6. Electronic Signature. Your electronic acceptance of this Agreement through the Platform constitutes a valid and binding signature with the same legal effect as a handwritten signature.
ELECTRONIC ACCEPTANCE
BY CHECKING THE BOX DURING REGISTRATION OR PARTICIPATING IN A LEARNING SESSION, YOU ACKNOWLEDGE THAT:
- You have read and understand this entire Agreement
- You voluntarily assume all risks of injury, death, and property damage
- You release Learn the Fix from all liability
- You are giving up substantial legal rights, including your right to sue
- You agree to indemnify Learn the Fix as described above
- You understand the tiered insurance system for professionals
- You are responsible for verifying professional qualifications and insurance
User's Electronic Signature: _________________________
Printed Name: [Your Name as entered during registration]
Date of Acceptance: [Date of registration or first session]
IP Address: [Recorded at time of acceptance]