Independent Contractor Agreement
By accessing or using the Services, you confirm your agreement to be bound by these Terms. If you do not agree to these terms, you may not access or use PartyLifter’s Platform. These Terms expressly supersede prior agreements or arrangements with you. PartyLifter may immediately terminate these Terms or any services with respect to you, or generally cease offering or deny access to use our Platform to provide services or any portion thereof, at any time, and for any reason. PLEASE READ THESE TERMS CAREFULLY, AS THEY CONSTITUTE A LEGAL AGREEMENT BETWEEN YOU, AS AN INDEPENDENT CONTRACTOR, AND PARTYLIFTER.
ARTICLE I. DEFINITIONS.
The following terms used in this Agreement shall have the following respective meanings:
“Account” shall mean Contractor’s online account in PartyLifter’s Platform containing Contractor’s profile and information.
“Effective Date” shall mean the date this Agreement is effective, which is the date this Agreement posts.
“Equipment” shall mean any and all vehicles, gadgets, tools, or items used by Contractor to provide services.
“Event(s)” shall mean any party, gathering, occasion, meeting, or any other event which are serviced by Contractor through PartyLifter’s Platform.
“Event Owners” shall mean individuals, companies, or any other legal entities whose Events will be serviced through Contractor.
“Platform” shall mean PartyLifter’s website, smartphone application (available on both Android and iOS), or any other channel or medium where PartyLifter’s platform is accessible for Contractors and Event Owners to plan or service events.
“Questionnaire” shall mean the online survey all Contractors complete when establishing their online profiles with PartyLifter. It summarizes all services or skillsets that Contractor is qualified to provide and intends to provide Event Owners through the PartyLifter Platform.
ARTICLE II. RECITALS.
WHEREAS, PartyLifter is in need of the services provided by Contractor;
WHEREAS, PartyLifter is of the opinion and belief that the Contractor has the necessary qualifications, experience, and abilities to provide the services offered by Contractor, as represented through the Questionnaire; and
WHEREAS, Contractor agrees to provide such services to PartyLifter on the terms and conditions set forth in this Agreement.
NOW, THEREFORE, and IN CONSIDERATION OF the matters described above and of the mutual benefits and obligations set forth in this Agreement, the receipt and sufficiency of which consideration is hereby acknowledged, PartyLifter and the Contractor (individually the “Party” and collectively the “Parties” to this Agreement) agree as follows:
ARTICLE III. SERVICES TO BE PERFORMED.
Section 1. Services to be Performed. PartyLifter hereby agrees to engage the Contractor to provide PartyLifter’s Event Owners with services (the “Services”) listed by Contractor in the Questionnaire. Contractor represents in good faith that they are qualified and prepared to perform such Services listed in the Questionnaire and accept full responsibility to satisfy performance as reasonably expected by Event Owners.
Section 2. Selection of Events and Hours of Work. Contractor may select which events or projects (“Events”) to perform on through the PartyLifter Platform. There is absolutely no guarantee whatsoever on the number of hours Contractor will be given to work by PartyLifter, and Contractor can choose their own hours at their own discretion.
Section 3. Term of Agreement. The term of this Agreement (the “Term”) will begin on the date of this Agreement and will remain in full force and effect until this Agreement is terminated in accordance to Sections 3, 4, and 5 of Article V of this Agreement.
Section 4. Performance. The Parties agree to do everything necessary to ensure that the terms of this Agreement take effect.
Section 5. Explanation of PartyLifter’s Fee Process. PartyLifter collects its fees through its Platform in accordance to the provisions below:
PartyLifter charges a Ten Percent (10%) fee as a booking fee (the “Booking Fee”) per service or item purchased, which must be paid by the Event Owner(s) upon booking. The Booking Fee is already added and included into the actual price of each service or item when it is invoiced. Therefore, each service or item purchased through PartyLifter will already include the Booking Fee as part of the transaction. PartyLifter will facilitate Event Owner’s payment of the charges on behalf of the Contractor that was booked by Event Owner. PartyLifter requires that Event Owner(s) pay the Booking fee within four (4) days prior to Event(s). Unless otherwise determined by PartyLifter, these payments would be considered the same as a payment made directly to the Contractor that was booked by Event Owner(s), and unless otherwise specified by PartyLifter expressly, these payments are final, non-negotiable, and non-refundable.
Example: Event Owner(s) books a photographer. The photographer’s fee is $100. PartyLifter charges the Event Owner(s) $110.00 (the $10.00 extra is for the Booking Fee). The same goes for all items sold through PartyLifter’s platform.
PartyLifter provides a platform that serves as a liaison, connecting Service Contractors to Event Owner(s) that would be interested in purchasing the Contractor’s services or items. For this service, PartyLifter also charges Contractors a fee (the “Platform Fee”), which is calculated by PartyLifter collecting Ten Percent (10%) of the Contractor’s total invoice price. It is the responsibility of the Contractor who is providing their service(s) or item(s) for sale to pay the Platform Fee. Event Owner(s) will not be responsible for the 10% Platform Fee PartyLifter charges to Contractors. Event Owner(s) will only be responsible for the Ten Percent (10%) Booking Fee.
Example: Photographer is hired by Event Owner(s) through PartyLifter’s services to photograph the event. Photographer’s fee is $100.00. PartyLifter charges the Event Owner(s) $110.00 (the $10.00 extra is for PartyLifter’s Booking Fee). Once PartyLifter is paid by Event Owner, PartyLifter then pays $90.00 to the Photographer for his/her Services. The amount paid to photographer is $10.00 less than quoted for services because PartyLifter also deducts a Platform Fee (which is 10% of the Contractor’s invoice amount) from the remaining balance before paying out the photographer’s invoice.
Section 6. Compensation of Contractor. Contractor is Compensated after Event Owner has submitted payment to PartyLifter and the Booking Fee has been taken from that payment. In consideration for allowing Contractor to utilize PartyLifter’s platform to provide Event Owners with Services, PartyLifter shall pay Contractor (after Event Owner has paid the total invoice amount the Contractor’s invoice price, minus the ten percent (10%) Platform Fee described in Section 5 of Article III. Said payment to Contractor may be expected within a reasonable time (could be on a weekly basis after assuring the Event Owner(s) are satisfied with the result of Services). We do not save any payment or bank related information in our databases, and we use Stripe for payout purposes. Contractors must read and agree with Stripe's terms and privacy https://stripe.com/legal to use Our Services.
Section 7. Currency. Except as otherwise provided in this Agreement, all monetary amounts referred to in this Agreement are in USD (United States Dollars).
ARTICLE IV. EXPENSES, EQUIPMENT, AND LICENSES.
Section 1. Expenses. Contractor shall be responsible for all expenses incurred while performing Services under this Agreement. This includes, but is in no way limited to, all licensing and permits obtained to render services; automobile, truck, or other commute expenses; vehicle maintenance and repair costs; insurance premiums; meals; and all salaries, expenses, and other expenses Contractor shall accrue to complete the Services to be rendered.
Section 2. Background Checks. Contractor shall be responsible for the cost of background checks conducted prior to providing Services. The cost of a background check is thirty dollars ($30.00), which is deducted from the initial two (2) payments to Contractor. The first deduction will be fifteen dollars ($15.00) from the first payout and the second deduction will be fifteen dollars ($15.00) from the second payoff.
Section 3. Equipment and Preparation. Contractor shall be equipped at its own expense with all equipment necessary to provide the Services as promised in this Agreement. Contractor shall be prepared to complete Services for each Event to the best of its ability.
Section 4. Business Licenses, Permits, and Certificates. Contractor represents and warrants that Contractor will comply with all federal, state, and local laws requiring all licensing, business permits, and certificates required to complete performance of the Services.
ARTICLE V. MODIFICATION AND TERMINATION OF AGREEMENT.
Section 1. Modification of Agreement. PartyLifter may amend the provisions of this Agreement from time to time. Amendments will be effective upon PartyLifter’s posting of such updated terms through the Contractor’s profile on PartyLifter’s Platform or in its Terms of Services. Contractor’s continued access or use of PartyLifter’s Platform after such posting constitutes Contractor’s acceptance and consent to be bound by the provisions of this Agreement as amended.
Section 2. Rejection of Modification. If Contractor does not consent to a modification posted by PartyLifter, Contractor may terminate this agreement in accordance to Sections 3, 4 and 5 of Article V of this Agreement.
Section 3. Termination of Agreement. Each Party may terminate this Agreement at any time for any reason. Upon Contractor’s termination of this Agreement, Contractor must cease any further use of PartyLifter’s Platform for the purposes of accepting new Events to provide Services.
Section 4. Notice of Termination. In the event Contractor chooses to terminate this Agreement, they must provide an express and written Notice of Termination thirty (30) days in advance. Any such written notice must be submitted via email to email@example.com.
Section 5. Obligations Continued. In the event Contractor chooses to terminate this Agreement, Contractor shall no longer use PartyLifter’s Platform for the continued purpose of providing Services to Event Owners. Contractor will remain obligated to complete performance of any remaining Events that were scheduled prior to termination of this Agreement, and Contractor shall be allotted limited access to PartyLifter’s Platform to complete performance of any remaining obligations. PartyLifter shall also remain obligated to compensate Contractor for completed services of those scheduled Events in accordance to the provisions of this Agreement. The performance of each of the Parties shall be completed in good faith and fair dealing.
Section 6. Event Owner Cancelation. Contractors must allow Event Owners to cancel Services scheduled with Contractors without penalty up to seven (7) days prior to the scheduled Event. All deposits paid to Contractor by Event Owner through PartyLifter’s Platform can be kept by Contractor as a penalty should Event Owner cancel within less than seven (7) days before the event date or reschedule within four (4) days prior to Event date.
ARTICLE VI. INDEPENDENT CONTRACTOR STATUS.
Section 1. Independent Contractor Status. Contractor is providing Services as an Independent Contractor. Contractor is not, or shall not be deemed as, an employee of PartyLifter. The Parties agree and represent as follows:
Section 2. Limitation of Liability. CONTRACTOR IS NOT AN EMPLOYEE OF PARTYLIFTER. Therefore, PartyLifter shall not be liable for indirect, incidental, special, exemplary, punitive, or consequential damages, including but not limited to in any way, loss of profits, loss of data, loss of property (personal or real), personal injury, or property damage related to or in connection with or otherwise resulting from any use or performance of the Services, regardless of then negligence of PartyLifter, even if PartyLifter has been advised of the possibility of such damages. PartyLifter shall not be liable for ay damages, liability, or losses arising out of: (a) performance of Services, or (b) any transaction or relationship between Contractor and any third-party provider, even if PartyLifter has been advised of the possibility of any such damages. PartyLifter shall not be liable for delay or failure in performance or obligation of any Contractor and/or Event Owners resulting from causes beyond PartyLifter’s reasonable control.
Section 3. State and Federal Taxes. PartyLifter will not withhold FICA (Social Security and Medicare taxes) from payments made to Contractor. PartyLifter will not make State or Federal Unemployment Compensation contributions on behalf of Contractor or withhold State or Federal Income Tax from payments made to Contractor. Contractor shall pay all taxes and obligations owed to State and Federal governments incurred while performing Services, including all applicable income taxes.
Section 4. Fringe Benefits. Contractor understands that because it is NOT an Employee and that it is an Independent Contractor, it is INELIGIBLE to participate in any employee pension, health benefit, vacation pay, sick pay, short or long term disability, or any other fringe benefit plan otherwise available to Employees by PartyLifter.
Section 5. Unemployment Compensation. PartyLifter shall make no State or Federal Unemployment Compensation payments on behalf of Contractor. Contractor will not be entitled to unemployment benefits in connection with any Services it renders through PartyLifter’s Platform to Event Owners.
Section 6. Workers’ Compensation. PartyLifter shall not obtain Workers’ Compensation insurance on behalf of Contractor.
Section 7. Insurance Benefits. PartyLifter shall not provide any type of insurance coverage or benefits to Contractor.
Section 8. Indemnification. Contractor shall indemnify and hold PartyLifter harmless from any loss or liability arising from performing Services. Contractor hereby agrees to indemnify and hold PartyLifter and its affiliates, officers, directors, employees, members, and agents harmless from any and all claims, demands, losses, liabilities, and expenses (including attorneys’ fees), arising out of or in connection with (a) Contractor’s performance of the aforementioned Services; (b) Contractor’s breach or violation of any of these terms; (c) PartyLifter’s use of content provided by Contractor for purposes of advertising or representation of Contractor’s Services; or (d) Contractor’s violation of the rights of any third party, including the Event Owners.
Section 9. Independent Contractor Requirements and Conduct. The Service is not available for use by persons under the age of eighteen (18). Contractor may not authorize third parties to use Contractor’s Account. Contractor may not authorize the use of their Account by third parties. Contractor agrees to comply with all applicable laws when using PartyLifter’s Platform and when performing Services for Event Owners.
Section 10. No Partnership. This Agreement does not create a partnership relationship. Contractor does not have the authority to enter into contracts on PartyLifter’s behalf.
ARTICLE VII. OTHER PROVISIONS.
Section 1. Confidentiality. Contractor acknowledges that it will be necessary for PartyLifter and Event Owners to disclose certain confidential and proprietary information to Contractors in order for Contractors to perform Services. Contractor acknowledges that any disclosure to a third party or misuse of this proprietary or confidential information may potentially and foreseeably cause irreparable harm to PartyLifter and/or Event Owners. Accordingly, Contractor shall not disclose or use, either during or after and Event or Services are rendered, any proprietary or confidential information of PartyLifter or Event Owners, except to the extent necessary to perform services. Proprietary or confidential information includes: (1) Any written, printed, graphic, or electronically recorded materials that is furnished by PartyLifter or Event Owners for Contractor’s use; (2) Any written or tangible information that PartyLifter or Event Owners make reasonable efforts to maintain in secrecy; (3) Business or marketing plans or strategies, customer lists, operating procedures, trade secrets, design formulas, know-how and processes, computer programs and inventories, discoveries, and improvements of any kind, sales projections, and pricing information; (4) Information which belongs to customers and suppliers of Event Owner about whom Contractor gained knowledge as a result of Contractor’s Services through PartyLifter.
Section 2. Remedies for Breach of Confidentiality. Contractor acknowledges that any such breach or threatened breach to Section 1 of Article VII of this Agreement shall result in irreparable harm to PartyLifter and/or Event Owner for which damages may be an inadequate remedy. Therefore, PartyLifter shall be entitled to equitable relief, including an injunction. In the event of such a breach or threatened breach of confidentiality, such equitable relief shall be in addition to all PartyLifter’s rights and remedies otherwise available at law.
Section 3. Terms of Service. This agreement is in addition to our Terms of Service agreement - which you must read, understand, and agree with as well - prior to your use of our Services as an Independent Contractor. In order to use our Services, you must register for any maintain an active personal user Service account. You must be at least eighteen (18) years of age, or the age of legal majority in your jurisdiction (if different than 18), to obtain an account. Account registration requires you to submit to PartyLifter certain personal information, such as your name, address, mobile number, and age. You agree to maintain accurate, complete, and up-to-date information in your account. Your failure to maintain accurate, complete, and up-to-date account information, may result in your inability to access or use the Services. You are responsible for all activity that occurs under your account, and you agree to maintain the security and secrecy of your account username and password at all times. Unless otherwise permitted by PartyLifter in writing, you may only possess one account.
Section 4. Proprietary Information. Contractor hereby assigns to PartyLifter all right, title, and interest in any and all photographic images, videos, and/or audio recordings, made by PartyLifter or used by Contractor through PartyLifter’s Platform, including, but in no way limited to, any royalties, proceeds, or other benefits derived from such photographs or recordings. PartyLifter is entitled to use Contractor’s name and/or likeness in advertising, marketing, or for other purposes.
Section 5. Assignment and Delegation. Contractor may not assign or subcontract any rights or delegate any of its duties to any entity not a Party to this Agreement. Contractor hereby agrees not to assign or otherwise transfer their Account to any other person or entity.
Section 6. Applicable Law. This Agreement will be governed by and construed in accordance with the substantive and procedural laws of the State of California, U.S.A., without giving effect to conflict of laws principles.
Section 7. Severability. If any portion of this Agreement is found to be unenforceable or unlawful for any reason, the unenforceable or unlawful provision shall be severed from these terms, and the severance of the unenforceable or unlawful provision shall have no effect whatsoever on the remainder of this Agreement.
ARTICLE VIII. DISPUTES, MEDIATION, AND ARBITRATION.
Section 1. Arbitration of Disputes. Any dispute, claim or controversy between the parties relating to or arising out of the interpretation or performance of this Agreement shall be settled by arbitration conducted by a single arbitrator appointed by the American Arbitration Association (“AAA”) in accordance with AAA’s Employment Arbitration Rules and Procedures. The arbitrator shall decide the issues presented applying this Agreement and the laws of California, other than such laws, rules, regulations, and case law that would result in the application of the laws of a jurisdiction other than California.
Section 2. Place of Arbitration. The arbitration shall take place in the County of Los Angeles in the State of California.
Section 3. Award of Arbitration. The award of the arbitrator shall be in writing, shall be final and binding upon the parties and shall not be appealed from or contested in any court. The arbitrator shall have the authority to award any remedy or relief that a court of the State of California could order or grant, including, without limitation, specific performance of any obligation created under this Agreement, the issuance of an injunction, or the imposition of sanctions for abuse or frustration of the arbitration process. Each party shall bear any and all costs that are unique to the arbitral forum.
Section 4. No Bond Required. No party shall, in connection with any proceedings held pursuant to this paragraph, be required to furnish any bond, unless required by law.
Section 5. Failure to Appear. Should either party fail to appear or be represented at the arbitration proceedings after due notice in accordance with the rules, then the arbitrator may nevertheless render a decision in the absence of said party and such decision shall have the same force and effect as if the absent party had been present, whether or not it shall be adverse to the interests of said party.
Section 6. Enforcement. Any award rendered through arbitration may be entered for enforcement, if necessary, in any court of competent jurisdiction.
Last Updated: October 08, 2019.