1. Services to Be Performed
Independent Contractor agrees to perform services as a bartender, waiter/waitress, cleaning service provide, DJ, or any other services which is selected and completed by Independent Contractor through the PartyLifter app (collectively referred to as Services). There is absolutely no guarantee whatsoever on the amount of hours Independent Contractor will get work by PartyLifter, and Independent Contractors can pick their own hours.
In consideration for the services to be performed by Independent Contractor, PartyLifter charge Event Owners (individuals, companies, or any other legal entities whose events will be serviced by Independent Contractors collectively referred to as Event Owner(s)) on behalf of Independent Contractors, and PartyLifter takes a commission of the total charges for Services performed by Independent Contractor and pays the rest within a reasonable time (could be on weekly basis after assuring the event owners are satisfied with the result of Services) to Independent Contractors. We don't save any payment or bank related information in our databases, and we use Stripe for payout purposes. You must read and agree to Stripe's terms and privacy here Stripe Legal to use Our Services.
Independent Contractor shall be responsible for all expenses incurred while performing Services under this Agreement. This includes automobile, truck, and other travel expenses; vehicle maintenance and repair costs; vehicle and other license fees and permits; insurance premiums; road, fuel, and other taxes; fines; radio, pager, or cell phone expenses; meals; and all salary, expenses, and other expenses the Independent Contractor will have to complete Services.
4. Vehicles and Equipment
Contractor will furnish all vehicles, equipment, tools, and materials used to provide the Services.
5. Independent Contractor Status
Independent Contractor is an independent contractor, and Independent Contractor is not, or shall not be deemed, PartyLifter’s employees. In its capacity as an independent contractor, Independent Contractor agrees and represents, and PartyLifter agrees, as follows. 1) Independent Contractor has the right to perform services for others. 2) Independent Contractor has the sole right to control and direct the means, manner, and method by which the services required by this Agreement will be performed. 3) Independent Contractor shall select the routes taken, starting and quitting times, days of work, and order the work is performed, however, Events (parties, events, or any other gathering of people which requires Independent Contractors Services collectively referred to as Events) start at a specific time and end at a specific time specified by Event Owners, and after Independent Contractors select to provide their Services for a specific event, they should be on time on the Events they select to help with. 4) Independent Contractor shall not be required to wear any badges or uniforms provided by Client. 5) The Services shall be performed by Independent Contractor, and PartyLifter shall not hire, supervise, or pay any assistants to help Independent Contractor (Event Owners can get as many Independent Contractor as they need possibility for the same Services). 6) Independent Contractor shall not receive any training from PartyLifter in the professional skills necessary to perform Services. 7) Independent Contractor shall not be required by PartyLifter to devote full time to the performance of Services.
6. Business Licenses, Permits, and Certificates
Independent Contractor represents and warrants that Independent Contractor will comply with all federal, state, and local laws requiring drivers and other licenses, business permits, and certificates required to carry out Services.
7. State and Federal Taxes
PartyLifter will not withhold FICA (Social Security and Medicare taxes) from Independent Contractor's payments or make FICA payments on Independent Contractor's behalf PartyLifter will not make state or federal unemployment compensation contributions on Independent Contractor's behalf or withhold state or federal income tax from Independent Contractor's payments. Independent Contractor shall pay all taxes incurred while performing Services including all applicable income taxes. Upon demand, Independent Independent Contractor shall provide PartyLifter with proof that such payments have been made.
8. Fringe Benefits
Independent Contractor understands that Independent Contractor is not eligible to participate in any employee pension, health, vacation pay, sick pay, or other fringe benefit plan of PartyLifter.
9. Unemployment Compensation
PartyLifter shall make no state or federal unemployment compensation payments on behalf of Independent Contractor. Independent Contractor will not be entitled to these benefits in connection with Services.
10. Workers' Compensation
PartyLifter shall not obtain workers' compensation insurance on behalf of Independent Contractor.
PartyLifter shall not provide insurance coverage of any kind for Independent Contractor. Independent Contractor shall obtain the insurance coverage required for the Services and maintain it.
Independent Contractor shall indemnify and hold PartyLifter harmless from any loss or liability arising from performing Services.
13. Term of Service
This agreement is in addition to our Terms of Service agreement Terms of Service which you must read, understand, and agree to as well prior to your use of our Services as an Independent Contractor.
14. Terminating the Agreement
Either party may terminate this Agreement at any time and you must stop using our Service upon the termination of this Agreement.
15. Modifying the Agreement
This Agreement may be modified anytime and provided to you to re-read and agree to in order for your continued use of our Services as an Independent Contractor.
16. Resolving Disputes
As defined in Terms of Service section Arbitration Agreement.
17. Screening Process
Event service providers (“Helpers”) are required to go through an evaluation process to assure that they meet the requirements and qualifications determined by PartyLifter. As a part of this process, we may facilitate their background checks via a third party, and that might be as a part of our screening process for Event service providers (“Helpers”). Therefore, as an event service provider (“Helper”), you must permit us to conduct interviews, phone screenings, and background checks on you. In addition, there might be follow-up calls, text messages, Emails or any other communication channels. Also, we will deduct your background check fee from your first payout.
Independent Contractor acknowledges that it will be necessary for PartyLifter and Event Owners to disclose certain confidential and proprietary information to Independent Contractor in order for Independent Contractor to perform Services. Independent Contractor acknowledges that disclosure to a third party or misuse of this proprietary or confidential information would irreparably harm PartyLifter and/or Event Owners. Accordingly, Independent Contractor will not disclose or use, either during or after the Services, any proprietary or confidential information of PartyLifter and Event Owners except to the extent necessary to perform services. Proprietary or confidential information includes; 1) the written, printed, graphic, or electronically recorded materials furnished by PartyLifter or Event Owners for Independent Contractor to use. 2) any written or tangible information that PartyLifter or Event Owners make reasonable efforts to maintain the secrecy of. 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 belonging to customers and suppliers of Client about whom Independent Contractor gained knowledge as a result of Independent Contractor's services to PartyLifter. Independent Contractor acknowledges that any breach or threatened breach of Confidentiality section of this Agreement will result in irreparable harm to PartyLifter and/or Event Owner for which damages would be an inadequate remedy. Therefore, PartyLifter shall be entitled to equitable relief, including an injunction, in the event of such breach or threatened breach of Section Confidentiality of this Agreement. Such equitable relief shall be in addition to PartyLifter’s rights and remedies otherwise available at law.
19. Proprietary Information.
A. Independent Contractor hereby assigns to PartyLifter all right, title, and interest in any and all photographic images and videos or audio recordings made by the PartyLifter or Independent Contractor during Contractor’s work for them, including, but not limited to, any royalties, proceeds, or other benefits derived from such photographs or recordings.
B. PartyLifter will be entitled to use Independent Contractor’s name and/or likeness use in advertising and other materials.
20. No Partnership
This Agreement does not create a partnership relationship. Independent Contractor does not have authority to enter into contracts on PartyLifter’s behalf.
21. Assignment and Delegation
Independent Contractor may not assign or subcontract any rights or delegate any of its duties.
22. Applicable Law
This Agreement will be governed by California law, without giving effect to conflict of laws principles.
Last updated 10/07/2018