INDEPENDENT CONTRACTOR AGREEMENT & TERMS OF SERVICE
Welcome to the BoomZip Service Provider program (the “Program”). This Independent Contractor Agreement & Terms of Service (this “Agreement”), including the Program Policies, attached as Exhibit A, will govern the performances and providing of services contemplated by this Agreement (the “Services”) and constitute a legally binding agreement between BoomZip and you. Any reference to this Agreement includes the Program Policies. This Agreement takes effect on the date on which you submit your information in order to create your account for the Program (your “Program Account”) or, if earlier, when you begin to perform the Services (the “Effective Date”). If there is a conflict between the Program Policies and any other section of this Agreement, the Program Policies will prevail.
YOU AND BOOMZIP AGREE TO RESOLVE DISPUTES BETWEEN YOU AND BOOMZIP ON AN INDIVIDUAL BASIS THROUGH FINAL AND BINDING ARBITRATION, UNLESS YOU OPT OUT OF ARBITRATION WITHIN 14 CALENDAR DAYS OF THE EFFECTIVE DATE OF THIS AGREEMENT, AS DESCRIBED BELOW IN SECTION 11. If you do not agree with these terms, do not use the BoomZip app or participate in the Program or provide any Services.
1. The Services.
a) You agree to provide the Services in a safe and competent manner in accordance with the level of professional care that would be observed by a prudent person rendering similar services and subject to the Service Standards described in the Program Policies. Failure to comply with the Service Standards will constitute a breach of this Agreement.
b) This Agreement requires no minimum amount or frequency of Services. You agree, however, that if you accept an offer to provide Services during a particular confirmed block of time and you do not cancel your acceptance as permitted under the Program Policies, you will provide the services to the Customer as proscribed to you by BoomZip or its designees (“Services”) during such period (“Service Block”). The Service Block starts when you are scheduled to arrive at the Customer’s location and ends at the time proscribed by BoomZip.
2. Independent Contractor Relationship.
This Agreement creates an independent contractor relationship, not an employment relationship. As an independent contractor of BoomZip, nothing in this Agreement will create any partnership, joint venture, agency, franchise, or employment relationship between you and BoomZip. As an independent contractor, you will not be considered as having the status of an employee of BoomZip for any purpose, including federal, state, and local tax purposes, and you will not be required or entitled to participate in any employee benefit or other plans or arrangements in which employees of BoomZip and its affiliates may participate. You are solely responsible for all taxes applicable to you, including, but not limited to, income and social security taxes. You are not covered by unemployment insurance or workers’ compensation provided by BoomZip or any of its affiliates, and you have no right to nor will you seek benefits or any form of payment from or through BoomZip or any of its affiliates under state unemployment coverage or workers’ compensation. You have no authority to bind BoomZip, and you will not make any representation identifying yourself as an employee of BoomZip or make any representations to any person or entity that you have any authority to bind BoomZip as an employee, partner, or otherwise. This Agreement applies to each Service Block but there will be no relationship between the parties after the end of one Service Block and before the start of any subsequent Service Block.
3. Total Fees.
In consideration of providing Services in accordance with this Agreement, BoomZip will pay you fees in the amounts indicated in the BoomZip app at the time of acceptance, or as otherwise agreed between you and BoomZip from time to time (“Total Fees”). The Total Fees, unless otherwise expressly provided in this Agreement, will include seventy percent (70%) of the Service Fee, plus an automatic twenty percent (20%) Tip, and may include fees to you from a Parking Surcharge charged to the Customer, will be your only payment for performing the Services. The Total Fees paid to you reflect all amounts due to you for providing your Services under this Agreement, less any promotional costs and any expenses you may incur (such as costs of credit card processing fees charged by 3rd party companies to process Customer payments and transfer money). You understand that BoomZip would offer lower Total Fees if BoomZip had to pay for your expenses. BoomZip will pay Total Fees to you no later than 7 days after completion of the Services. Note: Life Coaches and Nutrition Coaches/Counselors do not receive tips. We do not require customers to tip Life Coaches or Nutrition Coaches/Counselors.
4. Representations, Warranties, and Covenants.
You represent and warrant to BoomZip that you have all legal capacity and authority to enter into, and perform your obligations under, this Agreement. You agree, at all times, to: (a) comply with all laws, rules, and regulations pertaining to the Services, including all laws, rules, and regulations applicable to (i) procedures, transportation, safety and insurance related to the performance of Services, (ii) health and safety of Customers and Services and (iii) anti-bribery and anti-corruption; (b) hold and maintain, throughout your participation in the Program, all licenses, permits, and other authorizations necessary for you to perform the Services (including, if applicable, insurance, state, city or federal licenses and certifications, driver’s license, vehicle registration, and automobile insurance), which you will provide to BoomZip upon request; (c) notify BoomZip immediately after becoming aware that any license, certificate, permit, or authorization required for you to perform the Services has expired, been lost or suspended; (d) provide complete and accurate responses to all questions related to the background screening, including questions on prior convictions; (e) notify BoomZip immediately if you need to change or update your answers to any questions posed during the background screening process, including if you have any new convictions; (f) notify BoomZip immediately of any event or circumstance that impairs the safety of or delays delivery of Services; (g) comply with BoomZip’s Independent Contractor Code of Conduct posted at http://www.BoomZip.com/community-guidelines, and permit, as requested by BoomZip from time to time, BoomZip’s designee to audit your compliance with any BoomZip conduct or safety requirements related to your performance of Services; (h) not violate or infringe any third party’s rights in proprietary or confidential information in performing the Services; and (i) not create any lien on BoomZip property or assets, and waive all rights to any lien. Throughout the term of this Agreement, you will provide BoomZip with any forms, documents, or certifications as may be required for BoomZip to verify representations and warranties you made in this Agreement or your compliance with any provision of this Agreement.
5. Equipment and Products Used to Perform the Services.
You agree that, as part of managing your own business, you will provide and maintain a mobile device compatible with the BoomZip app, and any other equipment and products that you choose to use or that you need in order to provide the Services.
6. Term and Deactivation.
a) This Agreement is effective as of the Effective Date and will continue to be in effect until you or BoomZip terminates this Agreement.
b) You may terminate this Agreement without cause, by providing BoomZip three (3) days’ prior written or emailed notice, or with cause, immediately upon breach of any term of this Agreement by BoomZip, in accordance with Section 14 below. You will not be eligible to participate in the Program for 12 months following the date of the termination notice.
c) BoomZip may terminate this Agreement with cause, immediately and for the following reasons, by giving you a notice of termination in accordance with Section 14 below: (i) for failure to meet Service Standards, (ii) for failing a background check any time before or after the Effective Date, (iii) material violation of the Program Policies, (iv) material breach of this Agreement, (v) if your BoomZip.com account is deactivated; or (vi) for other commercially reasonable cause. BoomZip may terminate this Agreement without cause, by giving three (3) days written or emailed notice to you.
d) If you have been inactive for more than 180 days, BoomZip may deactivate your account. If your account is deactivated for inactivity, you may apply to re-enroll in the Program.
e) If you opt out of receiving electronic communication (as defined in Section 14 below), your account will be deactivated. Subject to other provisions of this Agreement, you will be able to re-activate your account by notifying BoomZip that you agree to receive electronic communication from BoomZip.
f) BoomZip may cease providing any Licensed Materials (as defined in Section 10 below) and terminate this Agreement if you violate any of the material terms related to the Licensed Materials in which case any licenses granted to you by BoomZip will terminate immediately, without any notice.
g) If either you or BoomZip terminate this Agreement, you must uninstall the BoomZip application on your device.
7. Availability of the Services.
BoomZip makes no promises or representations in this Agreement as to the amount of business that you can expect at any time. You can accept or reject any opportunity offered by BoomZip.
8. Limitation of Liability.
BoomZip will not be liable for damages of any kind, including direct damages, loss of goodwill, lost opportunities or profits, anticipated amount of business, expenditures, investments, leases, or commitments made by you in connection with the Program or otherwise. Except for your indemnity obligations under Section 9 below and any liability arising out of your breach of either the section of the Program Policies entitled “Confidentiality and Personal Information” or the section of the Program Policies entitled “Welcome to BoomZip”, and except as indicated below, NEITHER PARTY WILL BE LIABLE UNDER ANY CIRCUMSTANCES FOR DIRECT, CONSEQUENTIAL, SPECIAL, PUNITIVE, INCIDENTAL, OR INDIRECT DAMAGES OF ANY KIND, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY, WHETHER RELATED TO THIS AGREEMENT, LICENSED MATERIALS, THE PROGRAM OR THE SERVICES, AND WHETHER IN CONTRACT, STRICT LIABILITY OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) EVEN IF BOOMZIP HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. Nothing in this Agreement will limit or exclude either party’s liability for any matter or individual remedy that may not be limited or excluded by applicable laws, rules, or regulations.
a) You will defend, indemnify, and hold harmless BoomZip and its affiliates and successors, and each of their respective directors, officers, and employees (each an “Indemnified Party” and, collectively, the “Indemnified Parties”) from any third-party allegation or claim based on, or any loss, damage, settlement, cost, expense, and any other liability (including reasonable attorneys’ fees and expenses) arising out of or in connection with, (a) your negligence, strict liability, or misconduct, (b) a breach of this Agreement by you, (c) any action or inaction by you (including any and all loss or damage to personal property or bodily harm (including death) relating to or arising out of any such action or inaction, or (d) any allegation or claim that you failed to comply with applicable laws, rules, or regulations.
b) Your duty to defend is independent of your duty to indemnify. You will use counsel reasonably satisfactory to the Indemnified Parties to defend each indemnified claim, and the Indemnified Parties will cooperate (at your expense) with you in the defense. If at any time the Indemnified Parties determine that they may be adversely affected by any indemnified claim, the Indemnified Parties may assume control of the defense of the claim. You will not consent to the entry of any judgment or enter into any settlement relating to an indemnified claim without the Indemnified Parties’ prior written consent.
10. Licensed Materials.
As used in this Agreement, “Licensed Materials” means any software, application, website, content, or other information made available to you (whether standalone, for use on devices owned by you or BoomZip, or otherwise) by BoomZip or its affiliates in connection with the Program, together with any related manuals and other documentation. BoomZip grants to you, during the term of this Agreement, a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to use the Licensed Materials solely for the purpose of performing the Services and participating in the Program and as permitted under this Agreement. For additional rights and obligations regarding the Licensed Materials see the Program Policies.
11. Arbitration Agreement.
a) This Independent Contractor Agreement & Terms of Service sets forth a procedure for resolving disputes arising out of or relating to our relationship. The words “we”, as used in this Agreement, refer to BoomZip together with all of its directors, officers, employees, agents, parent corporations, subsidiary corporations, corporations affiliated with BoomZip by direct or indirect common ownership, any person or entity that may be held jointly and severally liable with BoomZip, and assignees of any of the foregoing. The words “you”, “your” or “Service Provider”, as used in this Agreement, refer to the Service Provider who has entered into this Agreement and who has entered into our Independent Contractor Agreement & Terms of Service entered into on this same date, together with all of his, her, or their heirs, executors, successors, assigns, and any person or organization of any type who claims rights arising out of or relating to the relationship between us. “Us” and “our” as used in this Agreement, mean Service Provider and BoomZip.
b) This Arbitration Agreement is entered into as part of the Independent Contractor Agreement & Terms of Service. The Service Provider’s execution of this Agreement is an inducement for BoomZip to enter into the Independent Contractor Agreement. Because you and we have agreed to arbitration, both of us are waiving our rights to have disputes resolved in court by a judge or jury, except as set forth below.
c) Examples of Arbitrable Claims. Examples of disputes that are required to be arbitrated under this Agreement include, but are not limited to, the following claims: (a) an alleged breach of any contractual promise; (b) that any Independent Contractor Agreement is void or voidable based on alleged fraud, unconscionability, duress, illegality, or any other ground; (c) that any Alternative Dispute Resolution Agreement between us is void or voidable based on alleged fraud, unconscionability, duress, illegality, or any other ground; (d) that the parties never entered into an Independent Contractor Agreement or an Alternative Dispute Resolution Agreement; (e) regarding the scope or interpretation of any Independent Contractor Agreement & Terms of Service or any Alternative Dispute Resolution Agreement; (f) tort claims; (g) alleged violations of federal or state statutes; (h) for injunctive or equitable relief; and (i) permissive and compulsory counterclaims to any claim subject to arbitration.
d) SUBJECT TO YOUR RIGHT TO OPT OUT OF ARBITRATION, THE PARTIES WILL RESOLVE BY FINAL AND BINDING ARBITRATION, RATHER THAN IN COURT, ANY DISPUTE OR CLAIM, WHETHER BASED ON CONTRACT, COMMON LAW, OR STATUTE, ARISING OUT OF OR RELATING IN ANY WAY TO THIS AGREEMENT, INCLUDING TERMINATION OF THIS AGREEMENT, TO YOUR PARTICIPATION IN THE PROGRAM OR TO YOUR PERFORMANCE OF SERVICES. TO THE EXTENT PERMITTED BY LAW, THE PRECEDING SENTENCE APPLIES TO ANY DISPUTE OR CLAIM THAT COULD OTHERWISE BE ASSERTED BEFORE A GOVERNMENT ADMINISTRATIVE AGENCY.
e) TO THE EXTENT PERMITTED BY LAW, THE PARTIES AGREE THAT ANY DISPUTE RESOLUTION PROCEEDINGS WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT ON A CLASS OR COLLECTIVE BASIS.
f) TO THE EXTENT PERMITTED BY LAW, THE PARTIES FURTHER AGREE THAT NO DISPUTE RESOLUTION PROCEEDING WILL BE CONDUCTED ON A REPRESENTATIVE BASIS.
g) TO THE EXTENT PERMITTED BY LAW, THE PARTIES WAIVE ANY RIGHT TO PARTICIPATE IN OR RECEIVE ANY RELIEF FROM ANY NON-INDIVIDUAL PROCEEDING REFERENCED ABOVE.
h) THIS AGREEMENT DOES NOT PROVIDE FOR, AND THE PARTIES DO NOT CONSENT TO, ARBITRATION ON A CLASS, COLLECTIVE OR REPRESENTATIVE BASIS.
i) NO ARBITRATOR SELECTED TO ARBITRATE ANY DISPUTE BETWEEN THE PARTIES IS AUTHORIZED TO ARBITRATE ANY DISPUTE ON A CLASS, COLLECTIVE OR REPRESENTATIVE BASIS.
j) THIS AGREEMENT SHALL NOT BE INTERPRETED AS REQUIRING EITHER PARTY TO ARBITRATE DISPUTES ON A CLASS, COLLECTIVE OR REPRESENTATIVE BASIS, EVEN IF A COURT OR ARBITRATOR INVALIDATES OR MODIFIES OR DECLINES TO ENFORCE THIS AGREEMENT IN WHOLE OR IN PART.
k) You and BoomZip agree that, at least 30 days before commencing any legal action relating in any way to this Agreement or to the Services, the aggrieved party will provide the other party a notice of the aggrieved party’s claims and at least 30 days in which to cure an alleged breach of this Agreement or other alleged act or omission, if the same is reasonably capable of being cured. Notice shall be provided as set forth in Section 14 of this Agreement. The applicable statute of limitations shall be tolled for 30 days following the provision of such notice.
l) Demand for arbitration under this Agreement must be made in writing, must describe the demanding party’s claim, and must be delivered to the other party by hand or by first-class mail within the applicable statute of limitations. Any demand for arbitration made to BoomZip must be directed to BoomZip at BoomZip Arbitration, 8924 E. Pinnacle Rd, Suite G5-420, Scottsdale, AZ 85255. The arbitration will be conducted by the American Arbitration Association (the “AAA”) under its Commercial Arbitration Rules and Mediation Procedures in effect at the time of filing a Demand for arbitration. The AAA’s rules are available at www.adr.org. If the AAA’s rules are inconsistent with this Agreement, this Agreement will govern. Payment of all filing, administration, and arbitrator fees will be governed by the AAA’s rules, except that if you initiate the arbitration, you will pay for only the first U.S. $200 of the total AAA filing fee. For example, if the AAA filing fee is U.S. $150 you will be responsible for paying the entire AAA filing fee in that instance. But, if the AAA filing fee is U.S. $300 you will be responsible for paying U.S. $200 and BoomZip will pay the difference (U.S. $100 in this instance). BoomZip will also pay all other costs and expenses unique to arbitration, including the arbitrator’s fees. BoomZip will not pay your attorney’s fees, your travel & lodging fees, or expert witness fees, unless the arbitrator awards those fees to you. The arbitration will take place at a mutually-convenient location within 45 miles from the last location in which you provided Services. In the event that the Arbitration Administrator refuses to conduct the arbitration or is unavailable, the parties may agree on a different administrator; provided, however, if the parties do not agree on a selection of a different administrator, then the parties shall be deemed to have waived arbitration hereunder, and further agree that they waive the right to a jury trial, in favor of having a judge, sitting without a jury, determine the rights and remedies of the parties with respect to all disputes, claims or controversies between them.
m) The parties agree that the Federal Arbitration Act and applicable federal law will govern any dispute that may arise between the parties. The parties further agree that, notwithstanding any provision in the AAA rules, any disputes regarding the arbitrability of a claim or the validity, interpretation, or enforcement of any provision (including a waiver) relating to class, collective or representative claims shall be decided by a court of competent jurisdiction, and not by an arbitrator.
n) Judicial Review of Arbitrator’s Decision. Except as set forth herein, you and we agree that the arbitrator’s decision CANNOT BE APPEALED. The arbitrator’s decision is subject to judicial review only on the grounds set forth in Title 9, Section 10 of the United States Code, as well as on the ground that the decision, findings, or rationale of the decision is manifestly inconsistent with the terms of this Agreement, the Independent Contractor Agreement, or the Federal Arbitration Act.
o) No Class Actions or Joinder of Additional Parties. You agree that you will not serve as a class representative or participate as a class member in an arbitration proceeding, that only your claims will be addressed in the arbitration proceeding, and that additional arbitrated under this Agreement, will be arbitrated only between us, even if there are additional parties to the dispute or even if you make allegations that your dispute should be handled as a class action.
p) Replacement of Existing Arbitration Agreements. You and BoomZip agree that this Alternative Dispute Resolution Agreement supersedes and replaces any prior Alternative Dispute Agreement between us.
q) JURY TRIAL WAIVER. IF IT IS EVER DETERMINED THAT SOME PORTION OF THIS AGREEMENT IS VOID, VOIDABLE, OR UNENFORCEABLE, OR IF THE INCLUSION OF SOME PROVISION IN THIS AGREEMENT WOULD RENDER THE AGREEMENT UNENFORCEABLE, OR IN THE EVENT THAT THIS AGREEMENT IS NOT SUBJECT TO ENFORCEMENT BASED UPON ANY FUTURE ELIMINATION OF CONSUMER DISPUTES FROM THE APPLICATION OF THE FEDERAL ARBITRATION ACT, THEN THE PARTIES HERETO AGREE THAT THEY WAIVE THE RIGHT TO A JURY TRIAL, INFAVOR OF HAVING A JUDGE, SITTING WITHOUT JURY, DETERMINE THE RIGHTS AND REMEDIES OF THE PARTIES WITH RESPECT TO DISPUTES, CLAIMS OR CONTROVERSIES BETWEEN THEM.
r) WHETHER TO AGREE TO ARBITRATION IS AN IMPORTANT BUSINESS DECISION. If you wish to opt out of this arbitration agreement — meaning, among other things, that you and BoomZip would be free to bring claims against each other in a court of law — you can opt out by sending a message to BoomZip at BoomZip Pros Contact before the end of the Opt-Out Period (defined below). The message must include your full name and a statement indicating that you are intentionally and knowingly opting out of the arbitration provisions of the BoomZip Independent Contractor Terms of Service. You will not be subject to retaliation for asserting claims or opting out of this agreement to arbitrate.
i. If BoomZip e-mailed you this Agreement as an update to the BoomZip Independent Contractor Terms of Service to which you previously agreed, the Opt-Out Period ends 14 calendar days from the date of BoomZip’s e-mail to you.
ii. If you have not agreed to any previous version of the BoomZip Independent Contractor Terms of Service, the Opt-Out Period ends 14 calendar days from the date on which you click “I AGREE AND ACCEPT” to accept this Agreement in the BoomZip App.
12. Governing Law.
The interpretation of this Agreement is governed by the law of the state of Arizona without regard to its conflict of laws principles, except for Section 11 of this Agreement, which is governed by the Federal Arbitration Act and applicable federal law.
BoomZip may modify this Agreement, including the Program Policies, at any time by providing notice to you through the BoomZip app or otherwise providing notice to you. You are responsible for reviewing this Agreement regularly to stay informed of any modifications. If you continue to perform the Services or access Licensed Materials (including accessing the BoomZip app) after the effective date of any modification to this Agreement, you agree to be bound by such modifications. However, (i) any modification to Total Fees will be provided to you in writing or through the BoomZip app before you accept and complete any Service Blocks to which such modifications apply; (ii) any modifications to Section 11 will not apply to claims that accrued or to disputes that arose prior to such modification.
14. Notice; Electronic/Mobile Communications.
BoomZip will communicate with you via phone, text message, email, or push notifications sent via the BoomZip app (each such communication, “electronic communication”) in connection with your participation in the Program. By downloading the BoomZip app, providing us with your mobile number, and agreeing to this Agreement, you are providing us with written consent to receive push notifications and automated text messages from BoomZip in connection with the Program. To stop receiving push notifications, you may adjust the settings on your phone or delete the BoomZip app. You will not be able to participate in the Program if you adjust the settings or delete the BoomZip app. To stop receiving text messages from BoomZip, reply STOP to any message. You consent to BoomZip communicating with you concerning the Program via any or all of these means and you are responsible for printing, storing, and maintaining your own records of any such agreements, notices, disclosures or other communications. Standard messaging and data rates may apply. It is your responsibility to keep your email address and phone number current by updating the information you provided to BoomZip. Terminating this Agreement will stop all electronic communication. If you want to terminate this Agreement, you can provide a notice of termination to BoomZip by sending a message to us at this page: BoomZip Pros Contact. If you want to provide notice under this Agreement, other than the notice of termination, you can provide such notice by sending a message to us at: BoomZip Pros Contact.
You may obtain an e-mailed copy of this Agreement by sending a request to BoomZip via this page: BoomZip Pros Contact.
16. Entire Agreement and Severability; Survival.
a) This Agreement constitutes the complete and final agreement of the parties pertaining to the Services and supersedes and replaces the parties’ prior agreements, understandings, representations, and discussions (whether written or oral) relating to the Services. If any provision of this Agreement is determined to be unenforceable, the parties intend that this Agreement be enforced as if the unenforceable provisions were not present and that any partially valid and enforceable provisions be enforced to the fullest extent permissible under applicable law.
b) The following sections of this Agreement, along with any other provisions that by their nature should survive termination of this Agreement, will survive any termination or expiration of this Agreement: Term and Termination; Indemnification; Arbitration Agreement; Governing Law and the following sections of the Program Policies: Welcome to BoomZip; Confidentiality and Personal Information; Taxes; and Miscellaneous.
17. Payment Processor
Payment processing services for Independent Contractors on BoomZip are provided by Stripe and are subject to the Stripe Connected Account Agreement (found at https://stripe.com/connect-account/legal), which includes the Stripe Terms of Service (found at https://stripe.com/legal) (collectively, the “Stripe Services Agreement”). By agreeing to this Agreement or continuing to operate as an Independent Contractor on BoomZip, you agree to be bound by the Stripe Services Agreement, as the same may be modified by Stripe from time to time. As a condition of BoomZip enabling payment processing services through Stripe, you agree to provide BoomZip accurate and complete information about you and your business, and you authorize BoomZip to share it and transaction information related to your use of the payment processing services provided by Stripe.
Please read this Agreement carefully. It limits certain of your rights, including your right to seek remedies in court and have your claims decided by a judge or jury. If you do not understand this Agreement, do not agree to it on the BoomZip Pro app and seek legal advice!
By applying and clicking the box on BoomZip’s Pro app you agree & accept this agreement.
Please continue reading the Exhibit A below for BoomZip Program Policies.
BoomZip Program Policies
I. Welcome To BoomZip.
Welcome to BoomZip, an innovative new service offering you the opportunity to deliver services to Customers via the BoomZip app. BoomZip is excited to welcome you to the BoomZip program and hope that you enjoy being your own boss and running your own business by using the BoomZip app.
We at BoomZip are excited about our role in creating a marketplace application to connect independent Service Providers and Customers to offer delivery of services on an unprecedented basis (the “marketplace application”). You are on board with our vision and agreed to work with us! You will act as an independent contractor-owner of your own services that you will use for strategic Service Requests that we will offer to you (“Service Requests”) through our mobile app and website. Each Service Request is a separate Service Request, without obligation on you or BoomZip to continue to do business together.
You are not an agent or employee of BoomZip, and will not hold yourself out to be such. The methods you select to perform your Service Requests are solely your responsibility – for example, order of application of products. It is also your responsibility for reporting self-employment income to taxing authorities and carrying your own insurance. As we receive booking requests from Customers, you may choose to accept or reject them. Your responsibility is to fully and accurately perform the Service Requests that you accept in a professional and workmanlike manner. To that end, you will present both yourself, your products and your equipment in a clean, safe and tidy appearance, you will maintain liability insurance, you will agree to a thorough background check, you will hold our business practices and marketplace application in strict confidence, you will not solicit our Customers for your own account, you will not use subcontractors or replacement service providers without the written consent of our CEO, you will make yourself available in the Service Provider application when you wish to be available for Service Requests, and you will frequently check BoomZip’s mobile app for Service Requests when you are available.
“You will hold our business practices and marketplace application in strict confidence” means that you will keep and maintain in confidence and as secret any information learned, transmitted or otherwise obtained by you regarding BoomZip and its operations and not disclose the same to any person or entity whether for profit or not.
“You will not solicit our Customers for your own account” means that while you are free to perform Services for others, you will not perform Services for persons or entities that were Customers of BoomZip for whom you performed Services, nor will you directly or indirectly accept a request for services from a person who is or has been a client of BoomZip during the term of this Agreement or for a period of one (1) year following the termination of the Agreement, nor will you disclose to other persons or entities the names or contact information of the Customers for whom BoomZip provided you Service Requests. Note that we encourage Customers to let us know if they or someone they know are asked by a Service Provider to provide their service requests directly to the Service Provider off the BoomZip platform, or if a Service Provider accepts the Customer’s request to provide Services off the BoomZip platform. We consider such behavior by a Service Provider to be a major breach of trust.
II. Program Requirements.
A. In order to participate in the Program, you must:
1) Pass a background check and, if applicable, a criminal record check in accordance with BoomZip’s standards;
2) Be at least 21 years of age (unless this requirement is waived for you by BoomZip’s CEO);
3) Be legally qualified to work in each jurisdiction in which you provide Services;
4) Have the ability to effectively operate the BoomZip app and communicate with Customers; and
5) Install the BoomZip app on your smartphone.
B. In performing Services, you may only use:
Well-known, brand name products or equipment that are generally available to professionals and contain only ingredients appropriate for use and legally allowed for use in the United States.
C. If you operate any Vehicle in connection with your performance of Services, you must:
1) Have a current valid driver’s license,
2) If applicable, maintain current Vehicle registration,
3) Maintain current automobile insurance coverage required by applicable laws, rules, and regulations to operate such Vehicle; and
4) Be legally authorized and fit to operate such Vehicle.
Upon request, you will provide BoomZip with proof that these requirements have been satisfied.
D. You are not permitted to carry weapons while performing Services, except to the extent local applicable law places restrictions on this policy.
E. You will not provide Services if you are currently an employee of BoomZip and you will cease providing Services if you become an employee of BoomZip.
III. Service Standards.
A. As an independent contractor, you agree to provide results — the timely and effective delivery of services to Customers’ and BoomZip’s satisfaction – subject to the following standards (“Service Standards”):
Failure to comply with health, safety, & other applicable laws. BoomZip requires you to comply with all traffic (including observing speed limit laws and distracted driving laws), health, safety, and other laws applicable to Deliverables or Services. Violation of traffic, health, safety, and other laws applicable to Deliverables or Services will make you ineligible to participate in the Program.
Arriving on time for or timely forfeiting Service Blocks. BoomZip requires that you a) arrive 15 minutes ahead of scheduled time and be ready to provide Services for any confirmed Service Block or b) forfeit a Service Block at least 6 hours before the start of such Service Block. Please note that if you elect to provide a Service Block close to its start time (i.e. within 6 hours of the start of the Service Block), you will still be required to arrive on time for that Service Block. If you repeatedly arrive late or forfeit Service Blocks late, you will no longer be eligible to participate in the Program.
3) Service Quality
Late Delivery of Service(s). BoomZip requires that you provide the service(s) to Customers on time and within the time proscribed by BoomZip. The app will specify the delivery window during which the Customer expects the service to be provided. Even showing up slightly late reflects very poorly on BoomZip and on you. It is your responsibility to account for traffic and weather delays, or any other thing that might cause you to be late to a Service Request. It is our expectation that you will arrive at the Customer’s location 15 minutes before the Service Request is scheduled to begin so that you are prepared to begin the Service Request right on schedule. If you repeatedly provide service late, you will no longer be eligible to participate in the Program.
4) Customer Service
A. World-Class Customer Service. BoomZip intends for you and BoomZip to have an unmatched reputation for having the best Customer service on the planet. To that end, the service you provide must be excellent, as judged by the Customer, every Customer should feel appreciated & better, or otherwise more beautiful, more handsome or healthier after your service, and you must be unfailingly kind and positive in your interactions with the Customer while providing the Services. If Customers rate your service or attitude as less than great, late arriving, late finishing, and/or repeatedly report disrespectful, rude, inappropriate, unprofessional, dangerous or threatening conduct, you will no longer be eligible to participate in the Program. Additionally, a single violation, depending on the seriousness of the infraction, can make you ineligible to participate in the Program.
B. Rude or inappropriate behavior or language. BoomZip requires you to behave respectfully and professionally when interacting with Customers while providing the Services. If Customers repeatedly report disrespectful, rude, inappropriate, unprofessional, dangerous or threatening conduct or language, you will no longer be eligible to participate in the Program. You are not to smoke, drink, or be inebriated while performing services to the Customer. Additionally, a single violation, depending on the seriousness of the infraction, can make you ineligible to participate in the Program.
C. Failure to follow instructions. BoomZip requires you to follow the Service Request instructions in the app or from a Customer as long as the Customer’s instructions are reasonable and do not contradict the service(s) that was ordered, or conflict with health, safety and other applicable laws. If you repeatedly disregard the instructions, you will no longer be eligible to participate in the Program.
D. Zero tolerance for use of tobacco, alcohol or drugs. BoomZip does not tolerate the use of tobacco, drugs or alcohol by BoomZip Service Providers while providing Services. The account of any Service Provider found to have used tobacco, alcohol or drugs, or to be under the influence of drugs or alcohol while providing Services will be permanently deactivated. BoomZip may also deactivate the account of any Service Provider who receives several unconfirmed complaints of tobacco, drug or alcohol use.
E. Means and Manner. As an independent contractor, subject only to this Agreement, it is for you to decide the means and manner in which to provide the Services and achieve the results that you have agreed to provide. Therefore, in performing Services, you are free to map out your own route to the Customer, sequence your service elements and in every other way control the means and manner in which you deliver Services.
IV. Program Account.
A. BoomZip will use information provided by you to create or maintain your Program Account. You will provide accurate, current, and complete information as part of your contracting process and to update your information as necessary so that it remains accurate, current, and complete at all times.
B. You will not permit any other person to access your Program Account or the Licensed Materials, including the BoomZip App, or to perform any Services using your identity or log-in credentials. You will not use any other person’s access to Program Account or Licensed Materials, including the BoomZip App, or perform any Services using any other person’s identity or log-in credentials. You will keep secure and confidential any password required to access your Program Account or BoomZip App or any identification that BoomZip provides to you in connection with the Program or BoomZip App and you agree to accept responsibility for all activities that occur under your Program Account and associated password.
A. You must maintain sufficient Professional Liability Insurance. If you operate any motor vehicle(s) in connection with your performance of the Services, you will maintain, at your expense, personal automobile insurance coverage required by applicable laws, rules, and regulations to operate such vehicle(s). You will provide proof of your insurance coverage to BoomZip, upon request. You will notify BoomZip if your insurance coverage is cancelled. As an independent contractor, it is your responsibility to understand the terms of your personal insurance coverage and to contact your personal insurance company if you have any questions.
A. BoomZip receives and stores any information you enter on our website and mobile applications, while providing Services or participating in the Program, and through other interactions and communications you have with us, our mobile application or our website. Any of the Licensed Materials may provide BoomZip with data about your use of such Licensed Materials, your geo-location and related tracking data, including your location, movements, speed at which you are traveling, and other personally identifiable information. BoomZip may use any such information and share such information with third parties in connection with the Program or other products or services, including Services, offered by BoomZip or its affiliates. By submitting information to BoomZip during the contracting process or while providing Services and using any Licensed Materials, you expressly (i) consent to BoomZip collecting, using and sharing the above described data and information and (ii) waive and release BoomZip from any and all claims, causes of action, liability or damages arising out of or in any way related to BoomZip’s use of such data and information.
B. BoomZip may obtain information about you, including your motor vehicle record and results of your background check. You authorize BoomZip and its applicable service provider(s) to, from time to time, (i) perform a background check on you and (ii) obtain your motor vehicle record. Based on a review by BoomZip or its service provider of the results of your background check and motor vehicle record, BoomZip may immediately terminate this Agreement.
C. Subject to applicable laws, BoomZip may release any collected data and information, including personally identifiable information, when BoomZip believes such release is appropriate or necessary to (i) comply with the law; (ii) enforce or apply this Agreement, including Program Policies; (iii) protect the rights, property, security or safety of BoomZip, its affiliates, BoomZip’s Customers, or others; (iv) detect, prevent or otherwise address fraud, security or technical issues; or (v) prevent or stop activity which BoomZip considers to be, or to pose a risk of becoming, illegal, unethical, or legally actionable. BoomZip may also receive information you shared with third parties, provided that such party has obtained necessary permissions to share the information with BoomZip.
D. When you download or use apps created by BoomZip or its affiliates, BoomZip will receive information about your location, and your mobile device, including a unique identifier for your device. Most mobile devices provide you with information about these permissions. You have the right to choose whether or not to allow BoomZip to receive this information. However, our ability to receive this information is an important part of the performance of Services, so if you choose to deny BoomZip access to this information, this could affect the availability and functionality of the BoomZip App and your participation in the Program.
VII. Licensed Materials; Devices.
A. You may not (i) incorporate any portion of the Licensed Materials into your own works or compile any portion of it in combination with your own works, transfer it, in whole or in part, for use with another service, or sell, rent, distribute, copy, modify, adapt, translate, reverse engineer, decompile, or disassemble, or make derivative works based on, or manipulate the Licensed Materials or any part of the Licensed Materials or otherwise sublicense or assign any rights to the Licensed Materials in whole or in part, (ii) cause or launch any programs or scripts for the purpose of surveying, manipulating or data mining any portion of the Licensed Materials or impairing or unduly affecting the operation or functionality of any aspect of the Licensed Materials; or (iii) attempt to gain unauthorized access to any portion of the Licensed Materials, including through scripts or third party applications.
B. Additional third party terms contained within or distributed with certain Licensed Materials may apply to the Licensed Materials (or software incorporated with the Licensed Materials) and will govern the use of such software in the event of a conflict with this Agreement (“Third Party Software”). Such Third Party Software license terms will apply to the corresponding Third Party Software in lieu of this Agreement. For more information on Third Party Software, please send a request to BoomZip at BoomZip Pros Contact.
C. All rights not expressly granted to you in this Agreement are reserved and retained by BoomZip or other content providers. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of BoomZip without express written consent. You may not use any meta tags or any other “hidden text” utilizing BoomZip’s name or trademarks without the express written consent of BoomZip. You may use the Licensed Materials only as permitted by law.
D. You will not attempt to participate in the Program, or provide any Services, for the purpose of gathering information regarding the Program (including any Licensed Materials) or BoomZip’s processes, building or operating a competitive service or a service that uses similar ideas, features, or functions as the Program (including any Licensed Materials), or copying any idea, feature, or function of the Program (including any Licensed Materials).
F. BoomZip may offer automatic or manual updates to the Licensed Materials at any time and without notice to you.
G. You must comply with all export and re-export restrictions and regulations of the Department of Commerce and other United States agencies and authorities that may apply to the Licensed Materials and agree not to transfer, or encourage, assist, or authorize the transfer of Licensed Materials to a prohibited country or otherwise in violation of any applicable restrictions or regulations.
H. You will notify BoomZip immediately after becoming aware that any device on which any Licensed Materials are installed has been lost, stolen, or misplaced. If BoomZip provides you with any device or other equipment in connection with the Program and such device or other equipment (or any part of it) is lost, stolen, unreturned, damaged, sold, transferred, or encumbered without the express prior written consent of BoomZip, you will promptly pay BoomZip the full replacement cost of such device or other equipment, together with any incidental costs that are incurred by BoomZip to replace the same.
I. BOOMZIP LICENSES THE LICENSED MATERIALS TO YOU “AS IS” AND MAKES NO WARRANTIES OF ANY KIND REGARDING THE LICENSED MATERIALS. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, BOOMZIP EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT, TITLE, OR FITNESS FOR A PARTICULAR PURPOSE. BOOMZIP DOES NOT WARRANT THAT THE LICENSED MATERIALS WILL MEET YOUR REQUIREMENTS OR WILL OPERATE UNINTERRUPTED, ERROR FREE, OR PROVIDE ACCURATE, COMPLETE, OR UP-TO-DATE INFORMATION. BOOMZIP WILL NOT BE RESPONSIBLE FOR ANY LOSS, DAMAGE, OR CLAIM CAUSED BY OR ATTRIBUTABLE TO ANY DEFECT OR DEFICIENCY IN ANY LICENSED MATERIALS.
J. If you provide any suggestions, comments, ideas, improvements, or other feedback relating to the Program, Program Policies or the Licensed Materials to BoomZip, you assign to BoomZip all right, title and interest in and to the same and will provide any assistance BoomZip may require to document, perfect, and maintain these rights, and BoomZip will be free to use, disclose, reproduce, modify, license, transfer, and otherwise distribute and exploit any of the foregoing.
K. All content included in or made available through Licensed Materials or the Program such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software is the property of BoomZip or its content suppliers and protected by United States and international copyright laws. The compilation of all content included in or made available through any Licensed Materials or the Program is the exclusive property of BoomZip and protected by U.S. and international copyright laws.
L. Graphics, logos, page headers, button icons, scripts, and service names included in or made available through any Licensed Materials or the Program are trademarks or trade dress of BoomZip in the U.S. and other countries. All other trademarks not owned by BoomZip that appear in the Licensed Materials or the Program are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by BoomZip.
VIII. Confidentiality and Personal Information.
A. You will use all personally identifiable information (i) concerning BoomZip’s Customers, including names and addresses and (ii) provided to you or learned by you during performance of Services (collectively, “Personal Information”), solely for the purpose of providing Services using the BoomZip app and will not contact BoomZip’s Customers using Personal Information for any reason unless directly related to providing Services. You will comply with all instructions BoomZip provides in respect of the processing of Personal Information, and you will maintain appropriate security measures to prevent unauthorized use or disclosure of Personal Information and will keep confidential and not share Personal Information with any third party unless expressly permitted under this Agreement. You will return all Personal Information to BoomZip promptly following a request from BoomZip. As between you and BoomZip, all Personal Information is and will remain the exclusive property of BoomZip, and you will not disclose, share, transfer, rent, barter, trade, or sell Personal Information and will not develop lists of or aggregate Personal Information. For the avoidance of doubt, the type, amount, number, duration, value or contents of Services tendered by BoomZip to you are Personal Information.
B. If you are required by any governmental authority to disclose the particulars of any Service or Service Request, you will promptly notify BoomZip of such requirement. BoomZip will not provide any Personal Information in connection with any disputes or claims between you and BoomZip’s Customers, nor will any BoomZip Customers be contacted or called to testify, by either you or BoomZip, in connection with any dispute or claim between you and BoomZip.
C. Without the prior written authorization by BoomZip’s CEO, you will not use any trade name, trademark, service mark, trade dress, logo or commercial symbol, or any other proprietary rights of BoomZip or any of its affiliates in any manner (including use in any client list, press release, advertisement, or other promotional material).
Each party will be responsible, as required under applicable law, for identifying and paying all taxes and other governmental fees and charges (and any penalties, interest, and other additions thereto) that are imposed on that party upon or with respect to the transactions and payments under this Agreement. BoomZip may deduct or withhold any taxes that BoomZip may be legally obligated to deduct or withhold from any amounts payable to you under this Agreement, and payment to you as reduced by such deductions or withholdings will constitute full payment and settlement to you of amounts payable under this Agreement. Throughout the term of this Agreement, you will provide BoomZip with any forms, documents, or certifications as may be required for BoomZip to satisfy any information reporting or withholding tax obligations with respect to any payments under this Agreement.
BoomZip’s mission is to connect Customers to excellent beauty and wellness providers, on-demand and at home/on-location. We have a zero tolerance policy towards discrimination of any kind at BoomZip.
We want to help increase the beauty and wellness options for Customers with disabilities. We expect Service Providers using the BoomZip app to comply with all relevant state, federal and local laws governing the treatment of Customers with disabilities, including those with service animals.
What leads to you losing access to your account? It is unacceptable to refuse to provide services based on characteristics like a person’s race, religion, national origin, disability, sexual orientation, sex, marital status, gender identity, age or any other characteristic protected under relevant federal, state or local law. Actions like these will result in permanent deactivation of your account.
Service Animal Policy
State and federal law prohibit BoomZip Service Providers using the BoomZip Service Provider App from denying service to Customers with service animals because of the service animals, and from otherwise discriminating against Customers with service animals. BoomZip Service Providers who engage in discriminatory conduct in violation of this legal obligation will lose their ability to use the Service Provider App.
What is a Service Animal?
A service animal is an animal that is trained to work or perform tasks for an individual with a disability.
The law provides that there are only two questions that a BoomZip Service Provider may ask to confirm that a Customer’s animal is a service animal: (1) “Is the animal required because of a disability?” And, (2) “What work or task has the animal been trained to perform?” The BoomZip Service Provider may not request that the Customer present documentation proving that the Customer’s animal is a service animal. There is no requirement that a service animal wear a tag, be registered, or display any kind of proof that it is a service animal.
Legal Obligations of Service Providers
BoomZip Service Providers have a legal obligation to provide service to Customers with service animals.
A BoomZip Service Provider CANNOT lawfully deny service to Customers with service animals because of allergies, religious objections, or a generalized fear of animals.
By virtue of their Independent Contractor Agreement with BoomZip, all BoomZip Service Providers using the Service Provider App have been made aware of their legal obligation to provide Service to Customers with service animals and have agreed to comply with the law. If a BoomZip Service Provider refuses to provide Services to a Customer with a service animal because of the service animal, the BoomZip Service Provider is in violation of the law and is in breach of their agreement with BoomZip.
Consequences for Refusal to Provide Services to a Customer with a Service Animal
If BoomZip determines that a BoomZip Service Provider knowingly refused to provide Services to a Customer with a service animal because of the service animal, the BoomZip Service Provider will be permanently prevented from using the Service Provider App. BoomZip shall make this determination in its sole discretion following a review of the incident.
If BoomZip receives plausible complaints on more than one occasion from Customers that a particular BoomZip Service Provider refused to provide Services to a Customer with a service animal, that BoomZip Service Provider will be permanently prevented from using the Service Provider App, regardless of the justification offered by the BoomZip Service Provider.
XI. Additional Terms.
A. A party does not waive any right under any provision of this Agreement, including Program Policies, by failing to insist on compliance with, or by failing to exercise any right under, the applicable provision. Any waivers granted under this Agreement are effective only if recorded in a writing signed by the party granting such waiver. The section headings of this Agreement, including Program Policies, are for convenience only and have no interpretive value.
B. You will not assign, subcontract, or delegate any of your rights or obligations under this Agreement, or your Program Account, without BoomZip’s prior written consent. Any attempt by you to assign, subcontract, or delegate in violation of this Agreement will be null and void.
Last updated: May 21, 2019