Gomow is currently servicing 500+ customers in this area

Work experience

Do you have a crew?

Do you provide bush trimming services?

Are you legal to work in U.S.?

What languages do you speak fluently?

What languages do your read and write fluently?

Have you been convicted of a felony?

Do you have reliable transportation?

Do you own a smart phone?

Do your have full coverage and/or liability Insurance?

Please select what equipment you own?

GomowPRO agreement

Recitals

The Company is a provider of (i) marketing services and (ii) a digital and/or software platform used to (a) identify potential customers and (b) identify and facilitate with companies like the Contractor to perform temporary and/or flexible jobs involving freelancers and/or independent contractors for the customers. Contractor may provide a wide array of services, including but not limited to providing landscaping services, and wishes to provide such services to the Company’s customers on job-by-job basis (hereinafter generically referred to as “Work”); and,

The Company desires to have the Work performed by the Contractor from time to time, and Contractor agrees to perform such Work under the terms and conditions set forth in this Agreement; and,

In consideration of the mutual covenants and agreements herein contained and any subsequently-revised agreement, the Company and Contractor (“Parties”) hereto agree as follows:

Terms of Agreement

1. The Work. The work to be performed by Contractor includes all services generally performed by the Contractor in its usual line of business, including, but not limited to, the following: mowing lawns, edging lawns, raking and gathering leaves and other debris, landscaping and other tasks that may be assigned to Contractor (“Work”);
2. Results. The Company is interested only in the results to be achieved and the conduct and control of the Work will lie solely with Contractor.
3. Duties of Contractor. Contractor is familiar with the landscaping business and the use of all related tools and equipment. When performing any Work requested by the Company and/or scheduled through the Company and/or its website for GoMow.com’s customers (“Customer” or “Customers”), Contractor shall have the right and duty to direct and control how Contractor’s personnel to perform the Work, including but not limited to:
   1. how to do the Work;
   2. when and where to do the Work in accordance with the Customer’s indicated preferences;
   3. what training, tools or equipment to use to complete the Work;
   4. providing all necessary training, tools, supplies, or materials necessary to compete the Work;
   5. what personnel to hire or to assist with the Work, as well as the number of personnel to be used;
   6. where to purchase supplies and services needed to complete the Work;
   7. what work must be performed by a specified individual; and/or,
   8. what order or sequence to follow.
   Contractor shall be solely responsible for providing the necessary training to its personnel.
4. Relationship of the Parties. Contractor is entering into this Agreement and performing the Work described herein in its capacity as an independent contractor. It is understood this Agreement does not create an employer-employee relationship between the parties to this Agreement and does not add to, create, or imply any contractual or other right of employment, express or implied, or otherwise affect or invalidate the “at will” status. Contractor is not to be considered an agent or employee of the Company for any purpose. This Agreement will not be construed to create a partnership, other joint venture or undertaking, or any agency relationship between the Parties, and neither Party shall become liable for any representation, act or omission of the other Party or have the authority to contractually bind the other Party. Neither Party has any express or implied right or authority to assume or create any obligations on behalf of or in the name of the other party or to bind the other party to any contract, agreement, or undertaking with any third party. Any Fees, Expenses, or other amounts paid by GoMow.com to You will not be considered salary for pension or wage tax purposes and neither You nor Your personnel will be entitled to any fringe benefits, including sick or vacation pay, or other supplemental benefits of GoMow.com. Unless otherwise required by law, GoMow.com will not be responsible for deducting or withholding from Fees or Expenses any taxes, unemployment, social security or other expense.
   Contractor further agrees meets the qualifications of an ‘Independent Contractor’ under Texas Workers’ Compensation Act (“Act”), Texas Labor Code §406.121: (i) Contractor is operating as an independent contractor as that term is defined under §406.121 of the Act; (ii) Contractor assumes the responsibilities of an employer for the performance of work; and, (iii) Contractor and its employees are not employees of the Company for purposes of the Act. Section 406.121(2) of the Act defines “independent contractor” as follows: (1) “Independent contractor” means a person who contracts to perform work or provide a service for the benefit of another and who ordinarily: (A) acts as the employer of any employee of the contractor by paying wages, directing activities, and performing other similar functions characteristic of an employer-employee relationship; (B) is free to determine the manner in which the work or service is performed, including the hours of labor of or method of payment to any employee; (C) is required to furnish or have his employees, if any, furnish necessary tools, supplies, or materials to perform the work or service; and (D) possesses the skills required for the specific work or service
5. Non-Exclusivity. It is understood that the Company does not agree to use Contractor exclusively. It is further understood that Contractor is free to contract for similar services to be performed for other individuals and/or companies that were not learned of through the Company during the Term of this Agreement.
6. Term & Termination. This Agreement will commence as of the date of acceptance by all Parties and will continue until terminated in accordance with termination provisions herein (“Term”). Either party may cancel this contract upon written notice.
   Company may terminate Your access to and use of all or any part of its platform at any time, with or without cause or notice, effective immediately, which may result in the forfeiture and destruction of all of your data.
   Upon termination of this Agreement, You will immediately cease performing any Work, and GoMow.com will pay You any Fees not yet paid for Work provided on or prior to termination. Termination of this Agreement will be without prejudice to other rights or remedies of any Party under this Agreement or applicable law, including, without limitation, any remedies for a breach of this Agreement prior to such termination.
7. Appointment and as a Landscape Representative. GoMow.com appoints Contractor to assist GoMow.com with its Landscape Business by completing Work on one or more projects.
8. Performance of Work. Each request for completion of Work from GoMow.com will include reasonable details, at a minimum, about the Work, Fees charged, general description of Work required as well as the target date for completion, and the customer contact information (name, physical address, and phone number). Contractor and Company agree to cooperate in good faith to achieve satisfactory completion of the Work in a timely and professional manner.
   1. Once Contractor agrees to perform Work pursuant to an order, You may not modify the Fees (defined below), unless agreed in writing by GoMow.com.
   2. The Parties will each designate a representative to interface and facilitate the successful completion of the Work. You are not permitted to complete the Work through a subcontractor, unless agreed in writing by GoMow.com.
   3. GoMow.com agrees to provide Contractor, at no cost, timely and adequate assistance and other resources reasonably requested by You to enable Your performance of the Work.
   4. If GoMow.com reasonably determines that a Customer may be better served by a different service provider, GoMow.com may transfer the Customer to a different service provider without liability, upon notice to You.
   5. You will control the method and manner of performing all work necessary for completion of Work, including but not limited to the supervision and control of any personnel performing Work.
9. Compensation. Contractor shall be paid on a per-job basis based on the Company’s agreement with the Customer for compensation for the Work less GoMow.com’s share of such compensations and any additional fees and charges deducted from such amount (“Fees”). A sample schedule setting forth the Fees that may be paid to the Contractor for specific types and sizes of jobs is attached as Exhibit “A” and fully incorporated herein by reference. Contractor shall be responsible for all costs incurred in connection with the Work, and the sole consideration from the Company. The Fees will be paid only upon completing the Work, and neither Contractor nor any of its employees or personnel are entitled to a regular wage amount for an hourly, weekly, or other period of time from the Company.
10. Payment Terms, etc. GoMow.com will pay Contractor the Fees to perform the Work identified by the Company and communicated to the Contractor. Such Fees will be payable in accordance with the Customer’s Order, except for Fees that Customer disputes in good faith.
    1. You alone will be responsible for expenses, payment of Your personnel, resources, materials, tools, equipment, and communications used in connection with provision of the Services (“Expenses”).
    2. GoMow.com may charge administrative or service fees, or pass through service provider fees, such as payment processor fees (“Service Fees”). Service Fees may be charged directly to the Contractor or withheld from compensation to be paid to Contractor, at GoMow.com’s sole discretion.
    3. GoMow.com is authorized to conduct credit and background checks on Contractor and its personnel, as reasonably required to determine Contractor’s suitability to perform Work described in this Agreement.
11. Time of Payment. Contractor shall be paid for work done, or at completion of job and all work is finished.
12. Taxes and Insurance. Contractor is responsible for its own federal and state taxes and insurance, including but not limited to any applicable general liability, employer’s liability, unemployment insurance, social security or payroll withholding tax required. The Company will not withhold taxes and Contractor agrees to be solely responsible for any withholding or federal taxes due payments received from the Company.
    Contractor will name the Company as an additional insured on any such insurance policy on all of Contractor’s employees, operators and/or contractors.
13. Indemnification. Contractor agrees to indemnify, hold harmless and defend Company from any and all claims that Contractor was misclassified as an independent contractor, any liabilities arising from a determination by a court, arbitrator, government agency or other body that Contractor was misclassified as an employee (including, but not limited to, taxes, penalties, interest and attorney’s fees), any claim that Company was an employer or joint employer of Contractor, as well as claims under any employment-related laws, such as those relating to employment termination, employment discrimination, harassment or retaliation, as well as any claims for overtime pay, sick leave, holiday or vacation pay, retirement benefits, worker’s compensation benefits, unemployment benefits, or any other employee benefits.
    Contractor further agrees it will indemnify, hold harmless and defend GoMow.com from and against any claim against GoMow.com by a third party, including a Customer, related to (i) this Agreement, (ii) Your performance of the Work, and/or (iii) any other act or omission by your personnel – regardless of whether such was in the course and scope of employment and/or performing the Work or any other service on Your behalf (each a “Claim”). Contractor will, at Your sole expense, defend a Claim and pay damages finally awarded against GoMow.com in connection therewith, including the reasonable fees and expenses of the attorneys engaged by GoMow.com for the defense, provided that (a) GoMow.com promptly notifies You of the threat or notice of a Claim, and (b) GoMow.com will have the sole and exclusive control and authority to select defense attorneys, defend or settle any Claim. You will fully cooperate with GoMow.com in connection with any Claim.
14. Non-Solicitation Covenant. Contractor shall not, during the Agreement and for a period of one year immediately following termination of this Agreement, either directly or indirectly: (a) call on, solicit, or take away, or attempt to call on, solicit, or take away, any of the customers or clients of GoMow.com on whom Contractor called or became acquainted with during the terms of this Agreement, either for their own benefit, or for the benefit of any other person, firm, corporation or organization; (b) induce any customers or clients of the other party to patronize that party or any similar business; (c) directly or indirectly request or advise any customer or client of the other party to withdraw, curtail, or cancel that customer’s or client’s business with the other party; or, (d) make any statement disparaging the other party, any member, principal, officer, director, shareholder, employee or agent thereof, to any person, firm, corporation or other business organization whatsoever. Nothing herein will prohibit either party from performing services for or providing products to customers or clients who (i) respond to general advertising by a party or (ii) contact a party directly provided that such customer was not first a customer of the other party to this Agreement.
15. No Waiver. Neither party waives any right under this Agreement by failing to insist on compliance with any of the terms of this Agreement or by failing to exercise any right hereunder. Any waivers granted hereunder are effective only if recorded in a writing signed by the party granting such waiver.
16. Assignment and Change of Control. Contractor may not assign any part or all of this Agreement without GoMow.com’s prior written consent. GoMow.com may assign this Agreement at any time without notice or consent. Any attempt to assign in violation of this Section is void in each instance.
17. Severability & Savings Clause.If any provision of this Agreement is determined by any court or governmental authority to be unenforceable, the Parties intend that this Agreement be enforced as if the unenforceable provisions were not present and that any partially valid and enforceable provisions be enforced to the extent that they are enforceable. If the removal of the provisions rendered invalid, unenforceable or void materially alters the obligations of either party in such manner as to cause serious financial hardship to a party, or cause a party to act in violation of its articles or bylaws, the party so affected shall have the right to terminate this Agreement upon sixty (60) days prior written notice to the other party. The affected party shall make all reasonable efforts, if requested by the other party, to negotiate amendments to this Agreement that will abrogate the undesirable effects of such statute, regulation, or judicial decision.  Further, should any provisions within this Agreement ever be reformed or rewritten by judicial body, such provisions as so rewritten shall be binding upon Contractor.
18. Limitations of Liability.Under no circumstances or legal theory (whether in contract, tort, negligence or otherwise) will gomow.com, or its affiliates, officers, directors, employees, agents, suppliers or licensors be liable to you or any third party for any indirect, incidental, special, exemplary, consequential, punitive or other similar damages, including lost profits, lost sales or business, business interruption or any other loss incurred by you or a third party, regardless of whether that party has been advised of the possibility of or could have foreseen such damages. As such, contractor agrees to indemnify, hold harmless and defend gomow.com in accordance with the provisions of this agreement.
    Some jurisdictions do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations may not apply. in these jurisdictions, each party’s liability will be limited to the greatest extent permitted by law.
19. Confidentiality. By virtue of this Agreement, the Parties may have access to information that is confidential to one another (“Confidential Information”). We each agree to disclose only information that is required for the performance of obligations under the agreement. Confidential Information will be limited to the terms of this Agreement, your data residing in the Platform environment, Customer data, and all information clearly identified as confidential at the time of disclosure.
20. Parties Bound & Assignment of Agreement.This Agreement shall inure to the benefit of and be binding upon the parties hereto and upon their respective successors in interest of any kind whatsoever. This Agreement shall not be assignable by Contractor but may be assigned to an entity wholly owned or owned substantially by the Company or affiliated with the Company.
21. Integration.This agreement contains the entire agreement of the parties hereto and supersedes all prior or contemporaneous agreements and understandings, oral or written, between the parties in connection with the subject matter hereto. Neither party is entering into this agreement on the basis of promises or representations of the other party, except as contained in this agreement.No modification or amendment of any of the terms or provisions hereof may be made otherwise than by a written agreement signed by the parties hereto.that any modification or amendment of this agreement be in writing and signed by both parties cannot be waived.
22. Warranty; Capacities to Sign. The undersigned warrant and represent that they are legally competent to sign this Agreement and, that before signing the agreement, fully informed themselves about the terms, contents, conditions and effects. The undersigned warranty that they have the authority to bind that entity for which they are signing and its affiliates to this Agreement, in which case the term “You” or related capitalized terms herein will refer to such entity and its affiliates.
    Contractor further represents that to the extent it is entering into this Agreement on behalf of a company, organization or another legal entity (a “Contracting Entity”), Contractor is agreeing to this Agreement for that Contracting Entity and is has the authority to enter into this Agreement on behalf of the Contracting Entity.

Signature

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