PEAKCREWS™ PLATFORM TERMS OF SERVICE — HIRERS

("Hirer Terms," "Terms of Service," or "Agreement")

Version 1.1 Effective Date: July 15, 2025

These Terms of Service form a legally binding contract between PeakCrews, LLC ("PeakCrews," "we," "us," or "our"), a Colorado corporation with its principal place of business at [Insert Address], and the entity or individual that creates a Hirer account or otherwise uses the PeakCrews platform to request or purchase services ("Hirer," "you," or "your").

By clicking “I Agree,” creating an account, submitting a posting, or otherwise accessing or using the PeakCrews website or mobile application (collectively, the “Platform”), you acknowledge that you have read, understood, and agree to be bound by (i) these Terms and (ii) PeakCrews’s Privacy Policy (incorporated here by reference). If you do not agree, do not use the Platform.

1. Definitions

“Job” – A request or posting by a Hirer for services to be performed by a Professional.
“Professional” – An independent contractor enrolled on the Platform and bound by PeakCrews’s Independent Contractor Agreement (“ICA”).
“Work Order” – The electronic confirmation generated through the Platform that specifies Job details, dates, scope, and pricing mutually agreed between Hirer and Professional.
“Service Fee(s)” – Fees, commissions, or other charges payable to PeakCrews for use of the Platform, as displayed at checkout or otherwise disclosed in writing.

2. Scope; PeakCrews’s Role

2.1 Marketplace Venue. PeakCrews is a neutral marketplace that enables Hirers and Professionals to discover, communicate, and transact. PeakCrews is not a general contractor, staffing agency, or employer of Professionals and is not a party to any Work Order.

2.2 No Endorsement or Warranty. PeakCrews may perform limited onboarding checks, but we do not guarantee licensure, insurance, qualifications, or performance of any Professional. You are solely responsible for vetting each Professional.

2.3 Limited Payment Agent. You authorize PeakCrews to (a) collect amounts owed to Professionals and any Service Fees owed to PeakCrews, and (b) remit those amounts to the proper recipients. Payment to PeakCrews is deemed payment to the Professional.

2.4 Independent Contractor Relationship. By engaging a Professional you acknowledge that:

the Professional is an independent contractor, not your employee, partner, joint-venturer, or agent;
you control only the desired results, not the means or methods of the Professional’s work;
you provide no employee benefits; and
PeakCrews bears no liability for any worker-classification claim arising from your conduct.

3. Account Registration & Security

3.1 Accurate Information. Provide and maintain true, current, and complete account information.
3.2 Authority. If registering on behalf of a business, you represent that you have authority to bind that entity.
3.3 Credentials. You are responsible for safeguarding login credentials and all activity under your account.

4. Posting Jobs & Forming Work Orders

4.1 Job Details. Job postings must be lawful, accurate, and sufficiently detailed.
4.2 Formation. Acceptance of a Professional’s bid or offer through the Platform creates a binding Work Order between you and that Professional.
4.3 Changes. Scope, schedule, or price changes after formation must be agreed through the Platform or in writing by both parties.
4.4 Cancellation. Platform-posted cancellation terms apply. You may incur fees if you cancel after a Professional has mobilized.

5. Fees, Payments & Taxes

5.1 Pricing. The total payable amount equals (a) the Professional’s charges plus (b) any PeakCrews Service Fees. All amounts are shown before you confirm a Work Order.
5.2 Payment Method. Maintain at least one valid payment method. PeakCrews (or its payment processor) may pre-authorize or capture funds per the schedule shown at checkout.
5.3 Disputes. To dispute workmanship, open a dispute through the Platform within seven (7) calendar days of the Professional’s completion notice, or funds may be automatically released.
5.4 Taxes. Prices exclude sales, use, VAT, or similar taxes unless stated. Where legally required, PeakCrews will collect and remit taxes; otherwise, you are responsible for any taxes due.

6. Hirer Obligations & Conduct

6.1 Site Access & Safety. Provide lawful, safe access to the jobsite and disclose hazards.
6.2 Legal Compliance. Obtain required permits and comply with applicable laws and building codes.
6.3 Prohibited Conduct. You will not (a) post false or unlawful content; (b) request illegal services; (c) circumvent the Platform to avoid Service Fees; (d) harass, discriminate, or retaliate against Professionals; or (e) reverse-engineer or disrupt the Platform.
6.4 Non-Circumvention & Buy-Out. For the Term of this Agreement and twelve (12) months thereafter, you will not solicit or hire outside the Platform any Professional first contacted through the Platform. Breach triggers a Buy-Out Fee equal to US $5,000 or 25% of the Professional’s estimated first-year earnings—whichever is greater—which you agree is a reasonable pre-estimate of PeakCrews’s damages.

7. Intellectual Property & Content

7.1 Platform IP. PeakCrews and its licensors own the Platform. No rights are granted except the limited right to use it under these Terms.
7.2 User Content. By posting content (e.g., reviews, project photos) you grant PeakCrews a worldwide, perpetual, royalty-free license to use, display, and distribute that content for Platform purposes.

8. Confidentiality & Privacy

8.1 Confidential Information. Use non-public information received through the Platform only as needed for a Job, and keep it confidential.
8.2 Privacy. Use of the Platform is subject to the PeakCrews Privacy Policy.

9. Disclaimers; Limitation of Liability

9.1 AS-IS Platform. The Platform is provided “AS IS” without warranties of any kind.
9.2 Professional Disclaimer. PeakCrews is not responsible for any act or omission of a Professional.
9.3 Liability Cap. PeakCrews’s total liability arising under these Terms will not exceed the greater of (i) Service Fees you paid to PeakCrews in the six (6) months preceding the claim or (ii) US $100.
9.4 Excluded Damages. PeakCrews will not be liable for indirect, incidental, special, punitive, or consequential damages, or for lost profits, revenue, or data.

10. Indemnification

You will defend, indemnify, and hold harmless PeakCrews, its officers, directors, employees, and agents from any claim, damage, loss, or expense (including reasonable attorneys’ fees) arising out of or related to:

your breach of these Terms or Section 2.4;
your negligence or misconduct;
bodily injury, death, or property damage occurring at your site or caused by you;
any claim that your engagement of a Professional created an employment relationship or misclassification; or
your violation of law or third-party rights.

11. Dispute Resolution

11.1 Governing Law. Colorado law governs, excluding conflict-of-law rules.
11.2 Binding Arbitration. Any dispute will be resolved exclusively by final, binding arbitration before the American Arbitration Association under its Commercial Arbitration Rules in Denver, Colorado. Both parties waive jury trial rights. PeakCrews will advance the initial filing fee; the arbitrator may reallocate fees in the award.
11.3 Class Action Waiver. Disputes must be brought individually; class or representative actions are prohibited.

12. Termination

12.1 By Hirer. Close your account anytime after all open Work Orders are completed or canceled and balances paid.
12.2 By PeakCrews. We may suspend or terminate your account for breach, suspected fraud, or as permitted by law.
12.3 Survival. Sections that by nature survive (including Confidentiality, Disclaimers, Limitation of Liability, Indemnification, Dispute Resolution, and General Provisions) remain in effect.

13. Changes to Terms

PeakCrews may amend these Terms by posting an updated version and providing at least fourteen (14) days’ notice via email or in-app. Continued use after the effective date constitutes acceptance. Material changes do not apply to Work Orders accepted beforehand.

14. General Provisions

14.1 Assignment. You may not assign these Terms without PeakCrews’s prior written consent; PeakCrews may assign freely.
14.2 Notices. Notices are deemed given when (i) delivered by hand, (ii) sent by recognized courier, or (iii) emailed to the address on your account.
14.3 Severability. If any provision is held invalid, the remainder stays in force.
14.4 Entire Agreement. These Terms, the Privacy Policy, and any Work Orders constitute the entire agreement, superseding prior understandings.
14.5 Headings. Headings are for convenience only.
14.6 Force Majeure. PeakCrews is not liable for delay or failure due to events beyond its reasonable control.
14.7 Interpretation. These Terms will be construed without presumption against the drafter.

By clicking “I Agree,” you confirm you have authority to bind the Hirer, have read these Terms, and accept them.