INDEPENDENT CONTRACTOR PLATFORM AGREEMENT
("Agreement")
Effective Date: Automatically upon the earlier of (i) the date you create a PeakCrews account or (ii) your first use of the PeakCrews Platform.
1. Parties
PeakCrews, LLC ("PeakCrews," "we," "us," or "our"), a Colorado corporation with its principal place of business at [Insert Address]
AND
The Professional ("you," "your," or "Contractor")—the individual or business entity that creates an account to offer services through the PeakCrews mobile or web application (collectively, the "Platform").
2. About the Platform
PeakCrews operates a technology marketplace that connects independent skilled-trade professionals with third-party businesses or individuals ("Hirers") seeking services (each posted engagement, a "Job"). PeakCrews is not a construction company, staffing agency, joint employer, or party to the service contract between you and a Hirer.
3. Services & Work Orders
3.1 Job Acceptance. You may freely browse, accept, or decline Jobs. When you accept a Job, you enter a direct, legally binding agreement with the Hirer to perform the services described in the Job posting or accompanying Work Order.
3.2 PeakCrews' Role. Our sole responsibilities are to (a) provide access to the Platform, (b) facilitate payments from Hirers to you as limited payment agent, and (c) conduct certain verification or compliance checks.
4. Independent Contractor Status
You operate as an independent business. Nothing in this Agreement creates an employment, partnership, franchise, or joint-venture relationship between you and PeakCrews or any Hirer. You:
- choose when, where, and how to perform Jobs;
- supply all tools, materials, vehicles, and labor;
- are free to use competing platforms or solicit your own clients;
- bear sole responsibility for all taxes, insurance, licenses, and business expenses;
- are ineligible for PeakCrews or Hirer employee benefits.
5. Payment Terms
5.1 Rates. Each Job posting states the gross amount payable.
5.2 Platform Fee. PeakCrews deducts the disclosed Platform Fee (if any) before remitting funds to you.
5.3 Disbursement. Once the Hirer confirms satisfactory completion or the Job is deemed accepted under § 5.3(a), PeakCrews will instruct its payout provider to release funds to you within five (5) business days (or such shorter time as the payout system supports).
- (a) Hirer Inaction. If a Hirer neither affirms nor disputes completion within seven (7) calendar days after you mark a Job complete—and provided neither party has opened a formal dispute under § 11 during that period—you authorize PeakCrews to deem the Job accepted and to release payment automatically.
- (b) Discretionary Assistance. PeakCrews is not liable for a Hirer's delay or failure to confirm completion but may, in its sole discretion, facilitate resolution of payment disputes.
5.4 Chargebacks & Adjustments. If a Hirer or card issuer successfully reverses or withholds payment because of (i) your breach of this Agreement, (ii) non-performance, or (iii) property damage or bodily injury you caused, PeakCrews may (A) offset the disputed amount—not to exceed the amount finally determined or agreed in writing—against future payouts, or (B) invoice you, payable on receipt. PeakCrews will give you written notice and at least ten (10) calendar days to contest any offset or invoice. You agree to cooperate in good faith with any investigation into disputed payments.
6. Tools, Equipment & Expenses
You furnish and maintain, at your sole cost, all equipment, materials, protective gear, permits, and fuel necessary to perform Jobs. PeakCrews and Hirers have no obligation to reimburse your expenses unless a Work Order expressly states otherwise. All materials installed at a worksite become the Hirer's property upon installation; surplus materials you remove remain yours.
7. Insurance, Risk & Indemnification
7.1 Mandatory Coverage. At all times while using the Platform you shall maintain, at your own expense, (i) commercial general liability insurance with limits reasonably acceptable to PeakCrews, and (ii) any additional coverages required by law or a specific Hirer. PeakCrews may modify minimum limits upon thirty (30) days' written notice. Upon request, you will furnish a current certificate of insurance naming PeakCrews, LLC and its affiliates as additional insureds.
7.2 Assumption of Risk. You acknowledge the inherent hazards of skilled-trade work and assume all associated risks.
7.3 Indemnification. You will defend, indemnify, and hold harmless PeakCrews, its affiliates, officers, directors, employees, and agents from and against any claim, damage, liability, loss, or expense (including reasonable attorneys' fees) arising out of or related to:
- your breach of this Agreement;
- your performance of—or failure to perform—any Job;
- bodily injury, death, property damage, or other harm caused by you; or
- your violation of applicable law or the rights of any third party (including Hirers); except to the extent caused by PeakCrews' gross negligence or willful misconduct.
8. Licenses & Compliance
You represent and warrant that you possess and will maintain all licenses, permits, and certifications required for your trade in the jurisdictions where you perform Jobs, and that you will comply with all applicable federal, state, and local laws, regulations, and safety standards.
9. Confidentiality & Data Security
You may receive non-public or proprietary information about PeakCrews, Hirers, or end-clients. You will not disclose or use such information except (i) as necessary to perform a Job, or (ii) if required by law. You also agree to implement reasonable safeguards to protect any personal data you process and to comply with all applicable data-protection laws. PeakCrews' Privacy Policy is incorporated by reference into this Agreement. If requested, you will execute a data-processing agreement consistent with applicable privacy regulations.
10. Term & Termination
This Agreement remains in force until terminated. Either party may terminate the Agreement and/or your Platform access at any time, with or without cause, by written or electronic notice. Termination will not affect:
- Jobs you have already accepted, which must be completed or formally cancelled in coordination with the Hirer under your separate agreement with them; or
- obligations that, by their nature, survive termination (including those specified in the Survival clause of § 12).
11. Dispute Resolution
11.1 Governing Law. Colorado law governs this Agreement, without regard to its conflict-of-laws rules.
11.2 Binding Arbitration. Any dispute arising out of or relating to this Agreement or the Platform shall be resolved exclusively by final, binding arbitration before the American Arbitration Association ("AAA") in Denver, Colorado, under the AAA Commercial Arbitration Rules then in effect. PeakCrews will advance the initial filing fee; the arbitrator may reallocate fees in the final award. You and PeakCrews waive the right to a trial by jury.
11.3 Class Action Waiver. Disputes must be arbitrated on an individual basis—no class, collective, or representative claims are permitted.
12. Miscellaneous
12.1 Entire Agreement. This Agreement, together with any Job-specific Work Orders and all Platform policies referenced herein (including the Privacy Policy), constitutes the entire agreement between the parties and supersedes all prior proposals or understandings.
12.2 Amendments. PeakCrews may modify this Agreement by posting an updated version and providing at least fourteen (14) days' prior written notice (e.g., email or in-app), effective upon delivery. Material changes that adversely affect your rights will not apply to Jobs accepted before the effective date. Your continued use of the Platform after that date constitutes acceptance.
12.3 Severability. If any provision is held unenforceable, the remaining provisions remain in full force and effect.
12.4 Survival. Sections 4 (completed-Job status), 6 (Tools/Expenses), 5.4, 7, 8, 9, 11, and 12 survive termination.
12.5 Assignment. You may not assign or transfer this Agreement without PeakCrews' prior written consent. PeakCrews may assign or transfer its rights and obligations freely, including in connection with a merger, sale, or reorganization.