| Candidate Information | | Title | Independent Contractor Warehouse Worker | | Target Location | US-DC-Washington |
| | 20,000+ Fresh Resumes Monthly | |
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Click here or scroll down to respond to this candidateINDEPENDENT CONTRACTOR AGREEMENTThis Independent Contractor Agreement (the Agreement) constitutes a legal agreement between you, an individual (you or a Moving Helper), and Caddy Moving, Inc.(Caddy), a Delaware Corporation. Caddy is a technology company that owns and operates communications, website, mobile application, and other technological platforms, including payment and other support services systems, (the Caddy Platforms) that connect individuals and businesses seeking the Services (as defined below) and/or transportation of property through the Caddy Platforms (each a Customer) with Moving Helpers and other third-party motor carriers who desire to provide, and are capable of providing, the requested services. Caddy provides Moving Helpers to Customers as requested by such Customers through the Caddy Platforms. This Agreement governs your provision of the Services to such Customers. In order to use the Caddy Platforms and otherwise to provide the Services, you must agree to the terms and conditions set forth below. If you do not agree to be bound by the terms and conditions of this Agreement, you may not use or access the Caddy Platforms for the purpose of providing Services, nor may you otherwise provide any Services to any Customer.PLEASE BE ADVISED: THIS AGREEMENT CONTAINS AN ARBITRATION PROVISION THAT WILL, WITH LIMITED EXCEPTION, REQUIRE YOU TO RESOLVE DISPUTES WITH CADDY AND ANY OF THEIR RESPECTIVE SUBSIDIARIES OR AFFILIATES THROUGH FINAL AND BINDING ARBITRATION ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS, GROUP, OR REPRESENTATIVE ACTION.Please read this Agreement carefully to ensure that you understand each and every provision, including, without limitation, the arbitration provision and arbitration procedures in Section Street Address . By clicking the Continue button and completing and submitting your application, using the Caddy App (as defined below) to obtain Customer Leads, or otherwise performing Services to any Customer, you signify that you have read, understood, and agree to be bound by this Agreement, and you warrant that you are at least 18 years old and that you have the legal capacity to enter into contracts.Caddy reserves the right to modify the terms and conditions of this Agreement at any time. However, in the event that Caddy modifies the terms and conditions of this Agreement, such modifications shall only be binding on you upon your acceptance of the modified Agreement. You will receive an electronic notification in the Caddy App (as defined below), or via the email address that you provided to Caddy when registering an account on the Caddy App, informing you that Caddy has modified the terms of this Agreement and providing you with a link to the revised terms. Your continued use of the Caddy Platforms (as defined below), including the Caddy App, and your continued performance of Services to Customers constitutes your consent to any such amendments or changes. If you do not agree to the modified terms and conditions of this Agreement, you should discontinue your use of the Caddy App and should not provide any further Services.1. Eligibility.(a) You may only use the Caddy Platforms and perform Services hereunder if you can form a binding contract. In addition, you must have a legally valid and reliable means of transportation. Neither Caddy nor Caddy shall be responsible for providing you with transportation or for paying any fees which you may incur in obtaining transportation to complete the Services contemplated hereunder. To the extent that you use your own motor vehicle for transportation, you must have a legally valid drivers license, current motor vehicle insurance and registration (as well as proof thereof), and a clean driving record (as may be determined by Caddy in its sole discretion).(b) You must also own a smartphone device (the Device) capable of running receiving texts and phone calls from Caddy dispatch and scheduling (the Caddy App) with a data plan. You acknowledge and understand that mobile networks data and messaging rates and fees may apply if you access or use the Caddy App or other Caddy Platforms from your Device and that neither Caddy nor Caddy shall be responsible with providing you with a Device or for paying any network data costs that you may incur while using the Caddy App or any other Caddy Platform. Caddy may make changes to the Caddy App that may require you to update your Device hardware or software, and you are responsible for paying any and all fees and expenses associated with such requirements, changes, or updates. Caddy does not guarantee that the Caddy App or any other Caddy Platforms will function on any particular hardware or device, including your Device, and all Caddy Platforms may be subject to malfunctions, errors, and delays inherent in the use of the internet, mobile applications, and other electronic communication devices. You further acknowledge and agree that your geo-location information must be provided to Caddy via your Device in order to provide the Services through the Caddy App. You hereby agree that: (i) your geo-location information may be obtained by Caddy while the Caddy App is running; and (ii) your approximate location may be shared with Caddy and/or Caddy Customers while you are using the Caddy App. In addition, Caddy, Caddy, and any other subsidiaries or affiliates thereof may monitor, track, and share the geo-location information obtained by the Caddy App and your Device with third parties for safety and security purposes.(c) Your ability to provide the Services hereunder is further conditioned upon Caddys receipt of a satisfactory background check, which may be conducted periodically. You will be provided with a summary of your rights and will be asked to provide an authorization providing Caddy with authority to obtain background checks on you from a consumer reporting agency at any time after your authorization. If you do not provide your authorization, you will not be permitted to use the Caddy Platforms to provide Services, nor will you be permitted to perform any Services to any Caddy Customer. You agree that Caddy and Caddy rights and obligations under the arbitration provision in Section 19 inure to the benefit of the consumer reporting agency used for background checks in respect of any claim that would be subject to the arbitration provision if brought against Caddy or Caddy.(d) Performance of the Services may include, but is not limited to lifting or moving items or property that are equal to or greater than 100 pounds. Accordingly, you must be physically capable of lifting or moving items of weighing 100 pounds in order to qualify to provide the Services.2. Caddy Communications.By entering into this Agreement, and by using the Caddy App, you agree to receive communications from Caddy, Caddy, and their respective affiliates or subsidiaries, including, but not limited to, via e-mail, text message, phone call, and/or push notifications. Communications from Caddy, Caddy, and their respective subsidiaries or affiliates may include, but are not limited to, communications concerning your Caddy App user account, solicitations for your agreement to perform Services at dates and times that you have not offered to perform Services, updates concerning new and existing features of Caddy Platforms, news concerning the terms of this Agreement or any amendment to this Agreement, details concerning any Services you have agreed to perform, and surveys. Standard text messaging charges may be applied by your cell phone carrier for text messages sent pursuant to this Agreement, and neither Caddy, Caddy, nor any respective subsidiary or affiliate shall be responsible for such charges. 3. The Services.(a) For purposes of this Agreement, the Services shall mean physically moving, loading, securing, unloading, and/or unsecuring Customer property in accordance with generally accepted industry standards at a location or locations designated by the Customer through the Caddy Platforms in accordance with the Customers order request with Caddy, which Caddy will share with you through the Caddy App. This may include packing, loading, unloading, and unpacking Customer property at Customer designated pick-up and drop-off locations in Customer provided moving vehicles or in moving trucks provided by third-party motor carriers through Caddy (which will be indicated in the Caddy Mobile App by the designation of an authorized driver and the arrival of a moving truck driven by the authorized driver), moving Customer property within a single Customer location, and/or disassembling or reassembling Customer property. The Services may also include unique instructions or requests provided by the Customer related to the general moving, loading, and unloading of Customer property. Caddy will relay these unique instructions or requests to you, and you shall be required to perform these specific instructions or requests. You acknowledge and agree that any such instructions or requests that Caddy or Caddy or their respective subsidiaries or affiliates may provide to you are made at the request of the Customer and are not intended to be an effort on the part of Caddy, Caddy, or their respective subsidiaries or affiliates to control the method, manner, or means over which you perform the Services under this Agreement.(b) Notwithstanding anything herein to the contrary, including the foregoing Section 3(a), or any Customer directive to the contrary, the Services do not, and shall never, include, without the prior written consent of Caddy or Caddy, hooking or unhooking appliances; moving any hazardous materials, perishable items, or other items identified on the Do Not Load List attached below as Schedule A; providing transportation or driving services (whether of Customer property or otherwise); or packing, unpacking, or transporting any Customer property in your personal motor vehicle (each an Excluded Service). To the extent that you should provide any of the Excluded Services without obtaining prior written consent from Caddy or Caddy, you acknowledge and agree that your actions constitute a breach of this Agreement, and you agree to indemnify Caddy and/or Caddy and their respective subsidiaries and affiliates from any liability or damages that either Caddy or Caddy or their respective subsidiaries or affiliates may incur as a result of your breach of this Agreement and the provision of services outside the scope of the requested Services. In the event that a Customer demands that you provide any services outside the scope of this Agreement, you agree to immediately notify Caddy and to require the Customer to sign a release and waiver of liability in favor of Caddy and Caddy and their respective subsidiaries and affiliates and the directors, officers, employees, and agents of such entities.4. Matched Moves, Service Claims, and Service Solicitations.(a) You will be required to apply for activation through the Caddy App to provide Services arranged for by Caddy. Completing the application process does not guarantee that you will have access to the Caddy Platforms or that you will be permitted to provide Services. Once you are approved to provide Services, you will be permitted to login to the Caddy App using the e-mail address and password selected by you during the activation process. You agree to maintain your username and password in confidence and not to share your username or password with any third party or other Moving Helper. You further agree to immediately notify Caddy of any actual or suspected breach or improper use or disclosure of your username or password.(b) When you are using the Caddy App, you will be asked to submit to Caddy the geographic location where you desire to perform Services based on your zip code or city. In order to be matched with Customer requests for Services, you must submit in the Caddy App requests to be matched with Customer requests by submitting dates and hours that you are available, ready, and desiring to provide the Services (your Preferences). If you do not submit any Preferences, you will not be eligible for any matching with Customer requests. After you have submitted your Preferences, Caddy will attempt to match your Preferences with a Customer Services request or requests. You remain free to change your Preferences at any time and as often as you would like prior to being matched with a Customer Services request. However, if Caddy matches your submitted Preference or Preferences with a Customer Services request or requests (each a Matched Move), you acknowledge and agree that your Preference or Preferences will constitute a legally binding agreement to perform the Services on the day and time you submitted a request to perform the Services and that you will be obligated to perform the Services in accordance with the terms and conditions of this Agreement and the terms set forth in the Matched Move. If you fail to perform the Services in accordance with your stated Preferences and the Matched Move after receiving notice from Caddy of a Matched Move, you will be in breach of this Agreement, and you will be liable to Caddy and/or Caddy for any damages suffered by either Caddy or Caddy, including, without limitation, for any costs incurred by Caddy or Caddy in finding a substitute Moving Helper to complete your Matched Move and for any loss of profits or revenues or reputational harm caused by your breach of this Agreement and the terms of the Matched Move.(c) Caddy may also post unmatched Customer Services requests on a claim board in the Caddy App. For as long as you are an active user on the Caddy Platforms and the Caddy App, you will be eligible to claim Customer Services requests through your use of the Caddy App. You may choose to claim or not claim any Customer Services request posted on the Caddy App claim board, and your decision not to claim any Customer Services request will have no impact on your use of the Caddy Platforms, including the Caddy App. However, if you choose to claim a Customer Services request on the claim board (a Claimed Move), you will be legally obligated to perform the Claimed Move in accordance with the terms of this Agreement and the Claimed Move. If you fail to perform the Services required by the Claimed Move, you will be in breach of this Agreement and the Claimed Move and will be liable to Caddy and/or Caddy for any damages suffered by either Caddy or Caddy, including, without limitation, for any costs incurred by Caddy or Caddy in finding a substitute Moving Helper to complete your Claimed Move and for any loss of profits or revenues or reputational harm caused by your breach of this Agreement and the terms of the Claimed Move.(d) For as long as you are an active user on the Caddy Platforms and the Caddy App, you may also, from time to time, receive requests from Caddy and/or Caddy or their respective subsidiaries or affiliates to perform Services for Customers on days and during times that you have not indicated you are available and desiring to perform Services in your Preferences (theService Solicitations). You do not have any obligation to accept any such Service Solicitations and remain, at all times, free to accept or reject such Service Solicitations. Your refusal to perform the Service Solicitations will have no impact on your status on the Caddy Platforms or your ability to use the Caddy App. However, if you choose to accept a Service Solicitation (anAccepted Solicitation), your acceptance will constitute a legal agreement to perform the Services in accordance with the terms and conditions of this Agreement and the Accepted Solicitation. If you fail to perform the Services required by the Accepted Solicitation, you will be in breach of this Agreement and the Accepted Solicitation and will be liable to Caddy and/or Caddy for any damages suffered by either Caddy or Caddy, including, without limitation, for any costs incurred by Caddy or Caddy in finding a substitute Moving Helper to complete your Accepted Solicitation and for any loss of profits or revenues or reputational harm caused by your breach of this Agreement and the terms of the Accepted Solicitation.(e) Notwithstanding anything to the contrary in this Agreement or in any other document or publication, neither Caddy nor Caddy makes any guarantee or representation that you shall ever be matched with any Customer Services request, that any Services requests may be made available on the Caddy App or any other claim board, that you will ever receive any Service Solicitations, or that you shall otherwise earn any particular amount of revenue, compensation, or profit.5. Provision of Services(a) You acknowledge and agree that you are physically capable of performing the Services, including lifting or moving items weighing 100 pounds or more, and that you have obtained, or will obtain (prior to performing any Services), the necessary training, skill, or experience in order to complete the Services required by each Matched Move, Claimed Move, or Accepted Solicitation (each a Confirmed Order Request). Neither Caddy nor Caddy makes any representations as to the most effective, efficient, and safe manner of performing Services, and you acknowledge and agree that you shall be solely responsible for determining the most effective, efficient, and safe manner to perform the Services, provided, that such Services are consistent with generally accepted industry standards.(b) In some cases, third-party motor carriers may provide certain transportation services in connection with a Customer order and the requested Services. The third-party motor carriers will not participate in performing any Services, and you acknowledge and agree that you shall be solely responsible for performing the Services without the assistance of any third-party motor carrier or Customer. If any third-party motor carrier or Customer attempts to participate in the performance of Services, you agree to immediately notify Caddy.(c) For each Confirmed Order Request, you may be matched with other authorized Moving Helpers who have also agreed to perform Services in accordance with the terms and conditions of this Agreement and the applicable Confirmed Order Request. Subject to the provisions of Section 18(d), you may only provide the Services with other authorized Moving Helpers. Caddy will identify other authorized Moving Helpers in the Caddy App for each respective Confirmed Order Request. If an unidentified individual attempts, or otherwise begins, to provide the Services as an authorized Moving Helper, or impersonates an authorized Moving Helper, you agree to immediately notify Caddy.(d) Caddy may, from time to time, designate you as a Move Lead based on your rating or experience in relation to the other Moving Helpers providing Services on the Caddy Platforms and/or certain other data, such as your proximity to a Customers request for Services. You acknowledge and agree that designation as a Move Lead is not intended to indicate any type of promotion or to otherwise alter your status as an independent contractor pursuant to the terms of this Agreement. You may decline designation as a Move Lead by notifying Caddy in writing of your intent not to receive designation as a Move Lead. However, to provide further incentive for you to accept such designation, you will be paid a higher recommended fee than you would otherwise receive absent such designation. Such fee will be set forth in the Confirmed Order Request.(e) You acknowledge and agree that you are in the business of performing the Services and that it is neither Caddy nor Caddys responsibility to provide any equipment that may be needed by you to perform the Services hereunder. Accordingly, you agree to provide, at your own expense, any equipment needed to complete the requested Services, including, without limitation, any shoulder dollies, tool kits, and other moving equipment, as well as any transportation needed to transport you between Customer service locations, if applicable. 6. Your Relationship with Customers(a) You acknowledge and agree that your provision of the Services to Customers creates a direct business relationship between you and the Customer. Neither Caddy nor Caddy, nor any subsidiary or affiliate thereof, is responsible or liable for the actions or inactions of any Customer in relation to you or your activities. You shall also be responsible for any obligations or liabilities to Customers that may arise from, or as a result of, your provision of the Services, and you agree to indemnify Caddy, Caddy, and/or any of their respective subsidiaries and affiliates and the directors, officers, employees, and agents thereof for any liability that they may incur, individually or collectively, as a result of any action or omission by you in the performance of this Agreement and the Confirmed Order Request. You acknowledge and agree that you are solely responsible for taking such precautions as may be reasonable and proper to mitigate such risks, including, but not limited to, obtaining and maintaining adequate liability insurance as may be appropriate and inspecting the Customers premises and property and/or documenting any damage to the Customers premises and/or property prior to engaging in any Services. You also further grant Caddy permission to reduce or offset any fees to which you may be entitled to receive for the performance of the Services by the amount of any liability incurred by Caddy or Caddy, if any, as a result of any action or omission by you or your agents or employees in the performance of the Services. To the extent Caddy should exercise its right to offset or reduce such fees, Caddy will provide you with written notice of the amount of such reduction prior to taking such reduction, which will not exceed $100 for any particular payment period.(b) To perform the Services contemplated by this Agreement, you will frequently be required to enter into Customer premises. To promote the safety and security of Caddys Customers, you agree that Caddy and/or Caddy may share and release your name, contact information, and a profile picture to its Customers in advance of your performance of the Services. You further agree to wear or provide each Customer with some form of identification, at your own expense, to associate yourself with, or prove that you are an authorized Caddy Moving Helper. This may include, but is not limited to, presenting a valid government issued identification that demonstrates that you are the Moving Helper identified in the Caddy App or the other Caddy Platforms. You also agree that you will not carry any firearm or other weapon onto any Customers property regardless of whether or not you possess a valid concealed or other carry permit. To the extent that you should legally possess any such weapon in your personal vehicle, you further agree to park your vehicle off the Customers property and to keep such weapon in a locked trunk or other container out of sight from any Customer. 7. Your Relationship with Caddy and Caddy(a) You acknowledge and agree that this Agreement creates, and is intended to create, an independent contractor relationship between you and Caddy. This is not an employment agreement, and nothing herein creates, or is intended to create, an employment relationship, joint venture, partnership, or agency relationship between either you and Caddy. As an independent contractor, you recognize that you are not entitled to unemployment benefits following the termination of this contractual relationship and that you will be responsible for all expenses incurred by you in the performance of the Services.(b) You have no authority to bind Caddy or their respective subsidiaries or affiliates, and you will not undertake to hold yourself out as an employee, agent, or representative of either Caddy or Caddy. If by implication of mandatory law or otherwise, you may be deemed an agent or representative of Caddy, Caddy, or their respective subsidiaries or affiliates, you agree to indemnify, defend, and hold Caddy, Caddy, and their respective subsidiaries and affiliates harmless from and against any claims by any person or entity based on such implied agency or representative relationship.(c) Neither Caddy nor Caddy shall direct or control, nor shall they be deemed to direct or control, you generally or in the performance of the Services contemplated by this Agreement. Except as otherwise required pursuant to a Confirmed Order Request, you retain the sole right to determine when, where, and for how long you will utilize the Caddy App or perform the Services pursuant to this Agreement, and you may, in your sole discretion, determine your Preferences and whether you will accept any Service Solicitation or claim any Customer job request described on Caddys claim board.(d) You acknowledge and agree that neither Caddy nor Caddy shall have any right to require you, nor shall they be deemed as requiring you, to: (i) display Caddy or Caddy or any of their respective subsidiaries or affiliates names, logos, or colors; or (ii) wear a uniform or any other clothing displaying Caddy, Caddy, or any of their subsidiaries, or affiliates names, logos, or colors.(e) Neither Caddy nor Caddy shall be responsible for providing, nor shall they provide, you with any company sponsored benefits or any business registrations or licenses that may be required to perform the Services, and you affirm that you have obtained, or will obtain, at your own expense, all business registrations or licenses that may be required, if any, to perform the Services.(f) You acknowledge and agree that you have complete discretion in the manner and means of your performance of the Services provided that such Services are performed in accordance with generally accepted industry standards and that you may engage in any other business or employment activities to the extent such work does not conflict with any of your obligations hereunder. For the sake of clarity, you understand that you retain the right to: (i) use other software application services in addition to the Caddy Platforms; and (ii) engage in any other occupation or business.8. Ratings(a) You acknowledge and agree that: (i) after receiving the Services, Customers will be prompted by the Caddy Platforms to provide a rating of you and your performance of the Services and, optionally, to provide comments or feedback about you and your provision of Services; and (ii) after providing the Services, you may be prompted by the Caddy App or other Caddy Platforms to provide a rating of the third-party motor carrier and/or other Moving Helpers, if applicable, and/or Customers and to provide such comments or other feedback about such individuals. You agree to provide your ratings and feedback in good faith. You acknowledge and understand that the ratings you receive from Customers and other Moving Helpers may impact your ability to perform Services for Customers through the Caddy Platforms.(b) In order to use the Caddy App to provide the Services to Customers hereunder, you must maintain an average rating by Customers that exceeds the minimum average acceptable rating established by Caddy or Caddy for the city or metro areas in the United States where you are enabled by the Caddy App to provide the Services (the Minimum Average Rating). Your average rating is intended to reflect Customers satisfaction with your Services rather than your compliance with any policy or recommendation of Caddy, Caddy, or their respective subsidiaries or affiliates. In the event that your average rating falls below the Minimum Average Rating, Caddy will notify you and, subject to Section 9 below, may provide you a limited period of time to raise your average rating above the Minimum Average Rating, if possible.(c) Caddy, Caddy, and their respective subsidiaries and affiliates reserve the right to use, share, and display ratings and comments about or by you in any manner in connection with the business of Caddy, Caddy, or their respective subsidiaries or affiliates without attribution to you or your approval.9. Term(a) This Agreement begins on the earlier of the date accepted by you by clicking theContinue button below and completing your application or on the date that you use the Caddy App and perform any Services. This Agreement shall continue for a three (3) month period (theInitial Term) unless earlier terminated pursuant to the terms below. This Agreement shall be automatically renewed for additional three (3) month periods (each, a Renewal Term) upon your use of the Caddy App and/or performance of Services for any Customer after expiration of the Initial Term or any Renewal Term.(b) Either party may terminate this Agreement: (a) immediately, without notice, if the other party materially breaches any term of this Agreement and it is not possible to remedy that breach, as solely determined by the other party; or (b) immediately if the other party materially breaches any term of this Agreement and it is possible to remedy that breach but the other party fails to do so within three (3) days of being asked to do so in writing by the other party.(c) Notwithstanding anything herein to the contrary, Caddy may, without prior notice, immediately (i) change the Caddy Platforms or stop providing or eliminate the Caddy Platforms or any services or features related thereto or (ii) permanently or temporarily deactivate your access to the Caddy Platforms in the event that the Initial Term or the Renewal Term has expired without renewal; you are no longer capable of performing the Services; you have been convicted of a crime involving fraud, theft, burglary, sexual conduct, drug sales or distribution, identity theft, false |
