CLEANING MOD LLC

 INDEPENDENT CONTRACTOR AGREEMENT

This Agreement, when accepted by Cleaning MOD, L.L.C. (“Company”), is made by and between you (“Contractor”) and the Company. IN CONSIDERATION of their mutual promises made herein, and for other good and valuable consideration, the parties hereby agree as follows:

Scope of Work

The Company engages the Contractor to provide cleaning services for residential and commercial properties. The Contractor will be responsible for supplying all cleaning supplies, tools and materials and cleaning to the standards specified by the Company.

Background Check

Contractor understands that Company reserves the right to perform a background check to determine work eligibility with the Company.

Price and Payment

The Company shall pay Contractor an agreed upon dollar amount for each job. Each payment will be made after a job is completed via Paypal, Venmo, Zelle, ACH bank transfer or Cash. If the Contractor receives a cash payment, the Contractor agrees to sign a form acknowledging receipt of payment. The Contractor agrees to accept such amounts as full payment for its work. The Contractor acknowledges that its federal employer tax identification number, or social security number in the case of an individual, is correctly supplied to The Company.

Independent Contractor Relationship

The Contractor is an independent contractor and is not an employee, servant, agent, partner or joint venturer of the Company.  The Company shall determine the work to be done by the Contractor, but the Contractor shall determine the legal means by which the Contractor accomplishes the work specified by the Company.  The Company is not responsible for withholding, and shall not withhold, FICA or taxes of any kind from any payments it owes the Contractor.  Neither the Contractor nor its employees shall be entitled to receive any benefits which employees of the Company are entitled to receive and shall not be entitled to workers’ compensation, unemployment compensation, medical insurance, life insurance, paid vacations, paid holidays, pension, profit sharing, or Social Security on account of their work for the Company.

Business of Contractor

The Contractor represents and warrants to the Company that the Contractor is engaged in an independent calling of providing household and other services and has complied with all local, state, and federal laws regarding business permits and licenses that may be required to carry out the independent calling and to perform the services specified in this Agreement.  Upon request by the Company, the Contractor shall provide the Company with copies of all documents reasonably requested by the Company to verify the Contractor’s established business and the representations set forth herein.  Notwithstanding any due diligence performed by the Company with respect to the subject matter of these representations, the Contractor shall indemnify and hold the Company, its directors and officers, and its agents and employees, harmless from any and all claims, causes of action, losses, damage, liabilities, costs and expenses, including attorney fees, arising from breach of the representations set forth in this Section.

Employees of Contractor

The Contractor shall be solely responsible for paying its employees.  The Contractor shall be solely responsible for paying any and all taxes, FICA, workers’ compensation, unemployment compensation, medical insurance, life insurance, paid vacations, paid holidays, pension, profit sharing and other benefits for the Contractor and its employees, servants and agents.

Insurance

The Contractor is responsible for obtaining and maintaining current certificates of liability insurance coverage.

Risk

The Contractor shall perform the work at its own risk. The Contractor assumes all responsibility for the condition of tools, equipment, and materials, and job site.  The Company will not reimburse the Contractor for any expenses incurred by Contractor as a result of services rendered under this Agreement, including, but not limited to, car-related expenses, telephone expenses, costs of cleaning supplies, and equipment.

Indemnity and Warranty

The Contractor shall at all times comply with all applicable laws, statutes, ordinances, rules, regulations and other governmental requirements.  The Contractor shall indemnify and hold the Company, its directors and officers, and its agents and employees, harmless from any and all claims, causes of action, losses, damage, liabilities, costs and expenses, including attorney fees, arising from the death of or injury to any person, from damage to or destruction of property, or from breach of the warranties in this Section, arising from the provision of services by Contractor, its agents or employees.

Assignment

The Company may assign any or all of its rights and duties under this Agreement at any time and from time to time without the consent of the Contractor.  The Contractor may not assign any of its rights or duties under this Assignment without the prior written consent of the Company.

Term and Termination

This Agreement is effective as of the date signed by both parties. Both parties acknowledge that additional services may be requested under the agreement. The agreement shall terminate upon Contractor’s completion of the services agreed to, unless terminated in accordance with the provisions set forth in this Section.  Notwithstanding anything herein to the contrary, the Company reserves the right to terminate this Agreement at any time upon delivery of written notice of termination, and Contractor shall be compensated for all services provided prior to such termination.  The Company may terminate this Agreement immediately, however, should Contractor fail to perform any of its obligations hereunder, including without limitation completion of the services provided for herein in a timely and adequate manner.  The Contractor acknowledges and agrees to protect confidential information or trade secrets of the Company and assign intellectual property rights to the Company, shall survive the termination or expiration of this Agreement.

Non-Compete Agreement

 While this agreement is in effect, Contractor shall not be allowed to be hired independently (directly paid) or work with the homeowner or Company’s Client unless the Contractor pays an exit fee.

After the Contractor has ended the provision of services to the Company, the Contractor agrees to not provide services for any homeowner or Client provided by the Company without written permission of the Company. The Contractor agrees that they will not provide services for a period of one year after termination of services.

The Contractor may alternatively pay an Exit Fee of $750.00 to the Company only after six months of service has been provided to the Company if the Contractor wants to work directly for the homeowner or Client. The Company shall have no further obligation to the Contractor including scheduling, obtaining work, or any other act performed in the relationship between Company and Contractor.

Liquidated Damages. Should Contractor fail to pay the exit fee and continue to provide services directly to any homeowner or Client obtained through the Company then the Contractor agrees to be liable for the sum $10,000 plus reasonable attorney’s fees and costs of collection.  The amount of liquidated damages are agreed due to the difficulty of determining the exact amount of monetary damages.

 Settlement by Arbitration

Any claim or controversy that arises from or is related to this agreement shall be determined through Arbitration. Any Court in Mesa, Arizona with Jurisdiction may enter judgment.

Severability

If for any reason, any provision of this agreement is held invalid, all other provisions of this agreement shall remain in effect.  If this agreement is held invalid or cannot be enforced, then to the full extent permitted by law any prior agreement between Company (or any predecessor thereof) and the Contractor shall be deemed reinstated as if this agreement had not been executed.

Effect of Prior Agreement

This agreement supersedes any prior agreement between the Company or any predecessor of the Company and the Contractor, except that this agreement shall not affect or operate to reduce any benefit or compensation inuring the Contractor of a kind elsewhere provided and not expressly provided in this agreement.

Limited Effect of Waiver by Company

Should Company waive breach of any provision of this agreement by the Contractor that waiver will not operate or be construed as a waiver of further breach by the Contractor.

Assumption of Agreement by Company’s Successors and Assignees 

The Company’s rights and obligations under this agreement will inure to the benefit and be binding upon the Company’s successors and assigns.

Oral Agreements are Not Binding

This instrument is the entire agreement of the Company and the Contractor.  Oral changes have no effect.  It may be altered only by a written agreement signed by the party against whom enforcement of any waiver, change, modification, extension, or discharge is sought.

Governing Law

This Agreement shall be governed and construed in accordance with the laws of the State of Arizona.

Confidentiality

The Contractor acknowledges and agrees (a) that all intellectual property and any other plans, specifications, designs and other documents and materials created pursuant to this Agreement or related to the services to be provided hereunder and any information, work in progress, trade secrets or other secret or confidential matter related to the business or projects of the Company constitute confidential information (“Confidential Information”), and (b) that the Contractor shall not use, copy or disclose to any person, firm or corporation any such Confidential Information, unless such use, copying or disclosure is necessary to accomplish the Contractor’s duties hereunder and has been authorized in writing by the Company. 

Entire Agreement

This Agreement represents the entire agreement of the parties hereto relating to the subject matter hereof, and any prior agreements, promises, negotiations, or representations, whether oral or written, not expressly set forth in this Agreement are of no force and effect. This Agreement may be modified only by a writing signed by both parties.

IN WITNESS WHEREOF, the parties have executed this Agreement on the date this online form was submitted.