Effective Date: [DATE]
This Independent Contractor and Service Partner Agreement ("Agreement") is entered into between [LAWNSMART LEGAL COMPANY NAME], LLC, doing business as LawnSmart ("LawnSmart," "Company," "we," or "us"), and the individual or business accepting this Agreement ("Service Partner," "Partner," "Contractor," or "you").
By electronically accepting this Agreement, creating a LawnSmart Partner account, or accepting service opportunities through LawnSmart, you acknowledge that you have read, understood, and agree to be bound by this Agreement.
LawnSmart provides customers with access to lawn care and related property services.
From time to time, LawnSmart may make service opportunities available to independent lawn care businesses and professionals participating in the LawnSmart Partner network.
This Agreement establishes the terms under which Service Partner may choose to accept and perform such services.
Service Partner is an independent contractor and not an employee of LawnSmart.
Nothing in this Agreement is intended to create an employer-employee relationship, partnership, joint venture, franchise, agency relationship, or other employment relationship between LawnSmart and Service Partner.
Except for requirements relating to the agreed scope of work, customer expectations, safety, completion documentation, and service quality, Service Partner controls the manner and means by which accepted services are performed.
Service Partner may perform services for other companies, platforms, businesses, and customers and may operate an independently established business.
Service Partner is not required to accept any minimum number of LawnSmart opportunities.
LawnSmart does not guarantee Service Partner any minimum number of jobs, hours, customers, routes, revenue, earnings, or compensation.
Service Partner is responsible for all federal, state, and local taxes arising from compensation received under this Agreement.
Service Partner represents that the Partner:
Service Partner must promptly notify LawnSmart if any information affecting eligibility changes.
LawnSmart may require identity verification, driving-record verification, criminal background screening, or other lawful screening as a condition of joining or remaining in the LawnSmart Partner network.
Service Partner agrees to provide any legally required authorization before such screening is performed.
Failure to satisfy applicable Partner eligibility requirements may result in denial, suspension, or termination of access to LawnSmart service opportunities.
Unless LawnSmart expressly agrees otherwise in writing, Service Partner is responsible for supplying and maintaining all vehicles, trailers, lawn care equipment, tools, fuel, protective equipment, mobile devices, internet access, and other supplies necessary to perform accepted services.
Equipment must be maintained in safe and appropriate operating condition.
Service Partner is responsible for the Partner's own business and operating expenses.
LawnSmart is not responsible for damage to, theft of, maintenance of, or replacement of Service Partner's vehicles, equipment, or tools except to the extent otherwise required by law.
LawnSmart may notify qualified Partners when service opportunities become available.
Notifications may be delivered through the LawnSmart platform, text message, email, push notification, telephone, or another approved communication method.
Multiple qualified Partners may receive notice of the same opportunity.
Receiving an opportunity does not reserve or guarantee the job for any particular Partner.
Unless otherwise indicated, an opportunity may be assigned to the first eligible Partner who successfully accepts it through the LawnSmart platform.
Service Partner is free to accept or decline available opportunities.
Declining an opportunity does not, by itself, violate this Agreement.
Before accepting a job, LawnSmart may provide available information such as:
Certain customer information, including the exact property address or access information, may be provided only after the Partner accepts the job.
Service Partner is responsible for reviewing available information before accepting an opportunity.
By accepting a job, Service Partner agrees to:
Partners should accept only opportunities they reasonably expect to complete.
If Service Partner determines that an accepted job cannot be completed, Service Partner must notify LawnSmart as soon as reasonably possible through the approved cancellation procedure.
If Service Partner cancels an accepted job less than twenty-four (24) hours before the scheduled service time or scheduled service date, LawnSmart may assess a cancellation charge equal to the Partner payout amount associated with the canceled job.
For example, if the Partner payout for an accepted job is $40 and Service Partner cancels within the applicable 24-hour period, LawnSmart may assess a $40 cancellation charge.
Where permitted by applicable law and applicable payment-provider requirements, LawnSmart may deduct the cancellation charge from amounts otherwise payable to Service Partner.
If the Partner's current payout balance is insufficient, LawnSmart may carry the applicable adjustment forward against future amounts otherwise payable to Service Partner, subject to applicable law.
LawnSmart may waive or reduce a cancellation charge when circumstances reasonably outside Service Partner's control prevent completion.
Potential exceptions may include:
Service Partner should notify LawnSmart as quickly as reasonably possible when an exception applies.
LawnSmart may request reasonable information regarding the circumstances.
A cancellation initiated by the customer or LawnSmart will not ordinarily be treated as a Partner cancellation.
Customer-requested rescheduling will likewise not ordinarily negatively affect the Partner's cancellation history when the Partner did not cause the rescheduling.
Any compensation offered to Service Partner for customer cancellations will be governed by the applicable job terms or LawnSmart policy in effect at that time.
A Partner who accepts a job but fails to perform the service without properly canceling may be considered a no-show.
Where permitted by applicable law, a no-show may result in a charge equal to the Partner payout amount associated with the missed job.
Repeated no-shows, job abandonment, or failures to communicate may result in reduced access to opportunities, temporary suspension, or termination from the LawnSmart Partner network.
Service Partner agrees to perform accepted services professionally, safely, and in accordance with the agreed scope of work.
For standard lawn maintenance, applicable services may include:
Service Partner must review customer notes and job instructions before beginning work.
If Service Partner arrives and reasonably determines that the property's condition materially differs from the information provided, including excessive grass height or materially greater service requirements, Service Partner should document the condition and contact LawnSmart before performing substantial additional work.
Service Partner must not independently demand additional payment from the customer.
LawnSmart will determine whether the service should proceed, be modified, rescheduled, or repriced.
LawnSmart may require before-and-after photographs for completed services.
When required, Service Partner must submit clear photographs through the approved LawnSmart system.
Photographs should reasonably demonstrate:
Service Partner should avoid intentionally photographing customers, children, private activities, or areas unrelated to the service.
Required photographs and other documentation must be submitted before a service may qualify for payment.
Service Partner must accurately mark jobs complete through the LawnSmart platform or other approved method.
Service Partner may not mark a service complete unless the required work was actually performed.
Falsely reporting completion may constitute material misconduct and grounds for immediate suspension or termination.
A service may be considered incomplete or deficient when Service Partner materially fails to perform the agreed scope of work.
When reasonably appropriate, LawnSmart may allow Service Partner an opportunity to return to the property to correct deficient or incomplete work.
LawnSmart may review the associated payout while a legitimate completion or quality dispute is being investigated, subject to applicable law.
Repeated substantiated service-quality problems may affect future access to LawnSmart opportunities.
LawnSmart may investigate legitimate customer complaints concerning services performed by Service Partner.
Service Partner agrees to reasonably cooperate with such investigations and provide relevant information or documentation.
LawnSmart may consider substantiated customer complaints when determining Partner eligibility and access to future opportunities.
Service Partner must exercise reasonable care while performing services.
Service Partner must promptly notify LawnSmart of any known or suspected:
Service Partner must not intentionally conceal property damage.
To the extent permitted by law, Service Partner is responsible for property damage caused by Service Partner's negligence, willful misconduct, or failure to exercise reasonable care.
Service Partner may enter only areas reasonably necessary to perform the accepted service.
Service Partner may not enter a customer's residence, garage, shed, locked building, or other private structure unless expressly authorized and reasonably necessary for the service.
Gate codes, lockbox information, access instructions, and similar information are confidential and may be used only to complete authorized LawnSmart services.
Service Partner must communicate professionally and respectfully with customers.
Direct customer communication should generally be limited to legitimate service-related matters, including:
Customer contact information may not be used for unrelated marketing or personal purposes.
Customers introduced to Service Partner through LawnSmart are LawnSmart customers.
To the extent permitted by applicable law, Service Partner agrees not to intentionally circumvent LawnSmart by using customer information obtained through LawnSmart to solicit a LawnSmart customer to cancel LawnSmart services and purchase substantially similar services directly from Service Partner.
Nothing in this Agreement prevents Service Partner from:
This provision is intended to protect LawnSmart's customer relationships and confidential information and is not intended to prohibit lawful competition.
Service Partner may receive non-public customer information including:
Service Partner may use such information only as reasonably necessary to perform authorized LawnSmart services.
Service Partner may not sell, disclose, misuse, or retain customer information for unauthorized purposes.
Service Partner must take reasonable measures to protect customer information from unauthorized access or disclosure.
Service Partner is responsible for maintaining all insurance required by applicable law and any insurance LawnSmart identifies as a condition of participation.
Required coverage may include, as applicable:
LawnSmart may request certificates or other evidence of coverage.
Failure to maintain required insurance may result in suspension from the LawnSmart Partner network.
Service Partner is responsible for performing services safely and complying with applicable laws, equipment-manufacturer instructions, and generally accepted safety practices.
Service Partner should not perform work when conditions create an unreasonable safety risk.
Service Partner is responsible for determining whether conditions allow the accepted work to be performed safely.
Service Partner is not expected to perform lawn services when weather or property conditions would make the work unsafe or reasonably likely to damage the customer's lawn or property.
If weather prevents service, Service Partner should notify LawnSmart and follow the applicable rescheduling procedure.
Properly reported weather-related delays will not ordinarily be treated as Partner cancellations.
LawnSmart may offer Service Partner recurring customers or routes.
Acceptance of one recurring service opportunity does not guarantee future visits or continued assignment of that customer.
Recurring work may be reassigned because of:
Service Partner is not guaranteed any particular customer, territory, route, or number of recurring jobs.
LawnSmart Partner payouts are processed through Stripe or another payment provider designated by LawnSmart.
Service Partner must complete the required payment onboarding process and maintain accurate banking, identity, tax, and other required information.
LawnSmart currently processes eligible Partner payouts on Tuesdays.
Processing time after LawnSmart initiates a payout may vary based on Stripe, the Partner's financial institution, banking holidays, verification requirements, account restrictions, and other circumstances outside LawnSmart's control.
LawnSmart does not guarantee that a payout will arrive in the Partner's bank account within a specific number of banking days.
A service generally becomes eligible for payout after:
LawnSmart may reasonably investigate suspected fraud, duplicate submissions, incomplete services, material customer disputes, or other legitimate payment issues before releasing the affected payout, subject to applicable law.
Where permitted by law and this Agreement, amounts otherwise payable to Service Partner may be adjusted for legitimate amounts owed under this Agreement, including applicable cancellation or no-show charges.
LawnSmart will not make deductions prohibited by applicable law.
Service Partner may contact LawnSmart to dispute an adjustment believed to have been made in error.
Service Partner's use of Stripe may also be subject to Stripe's applicable terms, verification requirements, policies, and banking procedures.
Service Partner is responsible for maintaining accurate payout information.
LawnSmart is not responsible for delays caused solely by inaccurate banking information, Stripe verification requirements, financial institutions, or other circumstances outside LawnSmart's reasonable control.
Service Partner is solely responsible for determining and satisfying applicable federal, state, and local tax obligations arising from compensation received through LawnSmart.
LawnSmart and/or its payment provider may request tax identification information and issue applicable tax documents when required by law.
Service Partner should consult a qualified tax professional regarding individual tax obligations.
Because Service Partner is an independent contractor, Service Partner is not eligible for LawnSmart employee benefits, including:
LawnSmart may consider legitimate performance factors when determining eligibility for future opportunities, including:
Consistently strong performance may result in access to additional opportunities, but no particular amount of future work is guaranteed.
Service Partner may not:
Serious suspected misconduct may result in immediate account suspension while the matter is investigated.
Service Partner may not permit another individual to access Service Partner's LawnSmart account or impersonate Service Partner.
Any use of employees, helpers, or subcontractors in performing accepted services must comply with applicable law, insurance requirements, customer safety requirements, and LawnSmart Partner policies.
Service Partner remains responsible for services performed through Service Partner's business.
This Agreement is non-exclusive.
Service Partner may provide services to other customers, companies, platforms, marketplaces, or competitors.
LawnSmart may likewise engage any number of other Service Partners.
LawnSmart does not guarantee:
Service Partner assumes the business risk associated with operating an independent business.
To the extent permitted by applicable law, Service Partner agrees to indemnify and hold harmless LawnSmart and its officers, members, employees, and agents from third-party claims, damages, liabilities, losses, and reasonable costs arising from Service Partner's negligence, willful misconduct, violation of law, or material breach of this Agreement.
This provision does not require Service Partner to indemnify LawnSmart for losses caused by LawnSmart's own negligence or misconduct to the extent prohibited by applicable law.
To the fullest extent permitted by applicable law, neither party will be liable to the other for indirect, incidental, special, exemplary, or consequential damages arising solely from participation in the LawnSmart Partner network, except where such limitation is prohibited by law.
Nothing in this Agreement limits liability that cannot lawfully be limited.
LawnSmart may temporarily suspend Partner access when reasonably necessary to investigate:
LawnSmart may request additional information before restoring access.
Either party may terminate this Agreement and the Partner relationship, subject to outstanding accepted obligations.
LawnSmart may terminate or restrict Partner access for legitimate reasons including:
Termination does not eliminate Service Partner's right to eligible compensation for satisfactorily completed services or either party's obligations that by their nature survive termination.
Service Partner agrees that LawnSmart may communicate regarding Partner operations through electronic means, including email, text messages, application notifications, and electronic documents, subject to applicable law.
Operational messages may include:
LawnSmart may modify this Agreement from time to time.
When required by applicable law or when changes are material, LawnSmart will provide appropriate notice.
Where required, LawnSmart may request Service Partner's electronic acceptance of updated terms before continued use of the platform.
If any provision of this Agreement is determined to be invalid or unenforceable, the remaining provisions will continue in effect to the extent permitted by law.
Any unenforceable provision should be interpreted or limited to the minimum extent necessary to make it enforceable where permitted.
A party's failure to enforce a provision of this Agreement on one occasion does not constitute a permanent waiver of that provision or any other provision.
Service Partner may not assign this Agreement to another person or entity without LawnSmart's prior written consent.
LawnSmart may assign this Agreement in connection with a merger, acquisition, reorganization, sale of substantially all relevant assets, or other lawful business transaction.
This Agreement will be governed by the laws of the State of Georgia, without regard to its conflict-of-law principles, except to the extent federal law or another applicable law controls.
This Agreement, together with incorporated LawnSmart Partner policies, privacy notices, job-specific terms, and other agreements expressly referenced herein, constitutes the agreement between LawnSmart and Service Partner regarding participation in the LawnSmart Partner network.
It supersedes prior discussions or understandings concerning the same subject matter.
Service Partner agrees that electronic acceptance has the same effect as a physical signature to the extent permitted by applicable law.
By selecting "I Agree," "Accept Agreement," "Become a LawnSmart Partner," or a substantially similar electronic acceptance mechanism, Service Partner acknowledges that:
Service Partner Name: ______________________________
Business Name (if applicable): ______________________________
Address: ______________________________
Email: ______________________________
Telephone: ______________________________
Service Partner Signature: ______________________________
Date: ______________________________
Legal Company Name: [LAWNSMART LEGAL COMPANY NAME], LLC
Business Address: [ADDRESS]
Email: [PARTNER SUPPORT EMAIL]
Telephone: [PHONE NUMBER]
Authorized Representative: ______________________________
Signature: ______________________________
Date: ______________________________