DRAFT PENDING REVIEW BY COUNSEL. This document has not yet been reviewed by a licensed attorney. Sections flagged [COUNSEL] raise questions that require a lawyer's judgment before this is used with real installers.
This Independent Installer Services Agreement (the "Agreement") is entered into between Kartz Pros (the "Company") and the individual or entity accepting it (the "Installer", "you"). It takes effect on the date you accept it electronically.
PLEASE READ CAREFULLY. THIS AGREEMENT CONTAINS A RELEASE OF LIABILITY, AN ASSUMPTION OF RISK, AN INDEMNIFICATION OBLIGATION, A LIMITATION OF LIABILITY, A JURY-TRIAL WAIVER, AND A BINDING ARBITRATION PROVISION WITH A CLASS-ACTION WAIVER. THESE PROVISIONS AFFECT YOUR LEGAL RIGHTS.
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1.1 You are an independent contractor. Nothing in this Agreement creates an employment, partnership, joint venture, franchise, or agency relationship between you and the Company.
1.2 You control the manner, method, and means of performing your work. You determine your own schedule, decide which job offers to accept or decline, and may decline any offer for any reason without penalty beyond the effect on your acceptance-rate metric.
1.3 You supply your own tools, equipment, vehicle, and consumables. The Company does not reimburse expenses unless separately agreed in writing.
1.4 You are free to perform services for others, including competitors of the Company, during the term of this Agreement.
1.5 You are solely responsible for all federal, state, and local taxes on amounts paid to you, including self-employment tax. The Company will not withhold taxes. You will receive an IRS Form 1099 (issued by our payments processor) where required by law.
1.6 You are not eligible for any employee benefit of the Company, including health insurance, paid leave, unemployment insurance, or workers' compensation coverage under any Company policy.
[COUNSEL] — Misclassification is the central risk in this document. Several operational features cut against independent-contractor status: a mandatory completion checklist, required photo documentation, a Company-set price book the Installer cannot vary, Company-controlled dispatch, and performance thresholds that gate continued access. Under the FLSA economic-realities test and Georgia's statutory test (O.C.G.A. § 34-8-35), some of these weigh toward employee status. If an Installer is later reclassified, §§ 1.6, 5, and 6 of this Agreement are largely void as to that person and the Company faces back-tax, wage-hour, and workers'-compensation exposure. Please advise on which operational controls should be loosened, and whether a written safe-harbor position should be documented.
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2.1 You will perform golf-cart accessory installation and related services (the "Services") at customer locations, as described in each job offer you accept.
2.2 For each accepted job you will: complete the work described; follow the safety and quality checklist provided in the Installer application; upload the required completion photographs; and report any incident, damage, or injury as required by § 7.
2.3 You will perform the Services in a workmanlike manner consistent with industry standards, manufacturer instructions, and applicable law.
2.4 Parts recommendations. Recommending ExtremeKartz parts to customers is entirely optional and is never a condition of completing a job, receiving offers, or remaining in good standing. Approved recommendations earn a commission as disclosed in the Installer portal.
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3.1 You represent that you have the skill, experience, and any license or certification required by law to perform the Services, and that all information in your application is true.
3.2 You consent to a background check conducted through a consumer reporting agency, subject to the separate disclosure and authorization provided to you under the Fair Credit Reporting Act. You must remain eligible under the Company's published standards for the duration of this Agreement.
3.3 Required insurance. Throughout the term you will maintain, at your sole expense:
- Commercial General Liability insurance of not less than $1,000,000 per occurrence and
$2,000,000 aggregate, covering bodily injury and property damage arising from your work;
- Commercial Automobile Liability of not less than $1,000,000 combined single limit covering
any vehicle you use for the Services; and
- Workers' Compensation insurance as required by law for any person you employ or engage, or a
valid sole-proprietor exemption where permitted.
3.4 You will name the Company as an additional insured on the policies in § 3.3, provide a Certificate of Insurance on request, and notify the Company within five (5) days of any lapse, cancellation, or material reduction in coverage. Your access to job offers may be suspended during any lapse.
3.5 Your insurance is primary and non-contributory with respect to any insurance the Company carries.
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4.1 For each completed job you will be paid the payout amount shown on that job at the time you accepted it. The payout is fixed when the job is created and does not change afterward, even if the Company later changes its rates.
4.2 Payment is made through Stripe Connect to the connected account you establish. Transfer to your account occurs after the job reaches completed status; the subsequent transfer to your bank follows Stripe's payout schedule, which the Company does not control.
4.3 Discounts, promotional codes, customer credits, and membership pricing are absorbed by the Company and do not reduce your payout.
4.4 You will not accept payment directly from a customer for Services booked through the Company, and will not solicit a customer to transact outside the platform for work the Company introduced.
4.5 The Company may offset against amounts owed to you any sum you owe the Company under § 6, including customer refunds, chargebacks, or remediation costs attributable to your work, subject to applicable law.
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5.1 Assumption of risk. You understand that performing the Services involves inherent and significant risks, including but not limited to: lifting and moving heavy components; working with lithium-ion batteries, including risk of fire, thermal runaway, chemical exposure, and explosion; electrical shock; hand and power tool injury; working in driveways, garages, and other locations near moving vehicles; exposure to weather, heat, and cold; slips, trips, and falls; contact with animals; and travel to and from job sites. You knowingly, voluntarily, and expressly assume all such risks, whether known or unknown, and whether or not foreseeable.
5.2 Release. To the fullest extent permitted by law, you hereby release, waive, and forever discharge the Company, ExtremeKartz, and their respective officers, directors, members, employees, agents, affiliates, successors, and assigns (collectively, the "Released Parties") from any and all claims, demands, actions, causes of action, damages, losses, costs, and expenses of any kind, whether at law or in equity, whether known or unknown, arising out of or relating to:
- (a) bodily injury, illness, disability, or death you sustain while performing the Services or
traveling to or from a job site;
- (b) damage to, loss of, or theft of your vehicle, tools, equipment, or other personal property;
- (c) lost income, lost business opportunity, or lost profits, including any arising from suspension
or termination of your access to the platform or from a reduction in job offers;
- (d) the acts or omissions of any customer, any other installer, or any third party; and
- (e) the condition of any job site or any property, structure, vehicle, or equipment at a job site.
5.3 This release applies to claims arising from the ordinary negligence of the Released Parties. It does not apply to, and you do not waive claims arising from, gross negligence, willful or wanton misconduct, fraud, or intentional wrongdoing by a Released Party, nor to any right that cannot be waived as a matter of law.
5.4 You acknowledge that you are not covered by any Company workers' compensation policy and that you have no claim against the Company for workers' compensation benefits in connection with the Services.
5.5 Covenant not to sue. To the extent permitted by law, you agree not to bring any claim released under § 5.2 against any Released Party, and agree that this Agreement may be pleaded as a complete bar to any such claim.
[COUNSEL] — Please review §§ 5.2–5.5 closely. Georgia enforces pre-injury exculpatory clauses between sophisticated parties where the language is explicit and unambiguous, but: (i) a release of one's own negligence must be conspicuous and specific; (ii) gross negligence and willful misconduct cannot be released, which is why § 5.3 carves them out rather than attempting a blanket release; (iii) if an Installer is reclassified as an employee, § 5.4 and the workers'-compensation waiver are void and may carry penalties; and (iv) an overbroad release risks being struck in whole in some courts rather than narrowed, which is what § 12.4's savings clause is meant to guard against. Please confirm the carve-outs are drawn correctly and that the conspicuousness requirements are met by the all-caps notice at the top and by the acknowledgment in § 13.
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6.1 You will indemnify, defend, and hold harmless the Released Parties from and against any claim, liability, damage, loss, judgment, penalty, fine, cost, or expense (including reasonable attorneys' fees) arising out of or relating to:
- (a) your performance of or failure to perform the Services;
- (b) bodily injury or property damage caused in whole or in part by you or anyone you engage;
- (c) your breach of this Agreement or of any representation or warranty in it;
- (d) your violation of any law, ordinance, or regulation;
- (e) any claim that you are or were an employee of the Company, including any claim for wages,
overtime, benefits, or workers' compensation; and
- (f) any tax, penalty, or interest assessed against the Company because you did not pay taxes on
amounts paid to you.
6.2 Your obligation under § 6.1 does not extend to any loss caused by the sole negligence or willful misconduct of a Released Party.
[COUNSEL] — O.C.G.A. § 13-8-2(b). Georgia's anti-indemnity statute voids provisions in contracts "relative to the construction, alteration, repair, or maintenance of a building structure, appurtenances, and appliances" that indemnify a party against its own negligence. Whether accessory installation on a golf cart at a residence falls within that statute is a judgment call. § 6.2 is drafted as a sole-negligence carve-out on the assumption it may apply. Please confirm whether the carve-out should be broadened to any degree of Company negligence.
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7.1 You will report to the Company within twenty-four (24) hours any injury, property damage, customer complaint of damage, fire, vehicle accident, or law-enforcement contact occurring in connection with the Services.
7.2 You are responsible for damage to a customer's cart, vehicle, or property caused by your work. The Company may remediate such damage and seek reimbursement from you or your insurer under §§ 4.5 and 6.
7.3 You will not perform Services while impaired by alcohol, drugs, or any substance that affects your ability to work safely, and will not permit any unauthorized person to perform Services in your place.
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8.1 Customer names, addresses, telephone numbers, and job details are confidential information of the Company. You will use them only to perform an accepted job and will not retain, copy, sell, publish, or disclose them.
8.2 Customer contact information is masked through the platform's relay. You will not attempt to circumvent the masking or to contact a customer outside the platform except as necessary to perform an accepted job.
8.3 Exact customer addresses are disclosed only after you accept a job. You will not record or retain address data after a job is complete.
8.4 You grant the Company a non-exclusive, royalty-free license to use completion photographs you upload for quality assurance, dispute resolution, and — with customer consent where required — for marketing.
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9.1 During the term and for twelve (12) months afterward, you will not solicit any customer you were introduced to through the Company for golf-cart installation or service work of the type offered by the Company.
9.2 This section does not restrict you from performing work for a customer who independently contacts you without solicitation, from advertising to the general public, or from working for any other company.
[COUNSEL] — Georgia Restrictive Covenants Act (O.C.G.A. § 13-8-50 et seq.) permits customer non-solicitation covenants against independent contractors within limits. Please confirm the duration, scope, and absence of a geographic limitation are enforceable here, and whether the Act's blue-pencil provision applies to an independent-contractor agreement.
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10.1 This Agreement continues until terminated. Either party may terminate at any time, for any reason or no reason, with or without notice, by written notice or through the platform.
10.2 The Company may suspend your access to job offers immediately, without prior notice, where it reasonably believes there is a risk to customer safety, a lapse in required insurance, a failed or expired background check, suspected fraud, or a material breach of this Agreement.
10.3 On termination you will complete or hand off any accepted job, cease using Company confidential information, and remain entitled to payment for jobs already completed.
10.4 Sections 4.5, 5, 6, 8, 9, 11, 12, and 13 survive termination.
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11.1 To the fullest extent permitted by law, in no event will any Released Party be liable to you for indirect, incidental, special, consequential, exemplary, or punitive damages, or for lost profits, lost income, lost business opportunity, or loss of data, arising out of or relating to this Agreement or the Services, even if advised of the possibility of such damages.
11.2 The Released Parties' total aggregate liability to you for all claims arising out of or relating to this Agreement will not exceed the total amount paid to you by the Company in the six (6) months immediately preceding the event giving rise to the claim.
11.3 The Services and the platform are provided "as is" and "as available". The Company does not guarantee any volume of job offers, any level of earnings, or continued availability of the platform.
11.4 §§ 11.1 and 11.2 do not apply to liability that cannot be limited as a matter of law.
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12.1 Informal resolution. Before commencing any proceeding, the parties will attempt in good faith to resolve the dispute by written notice and a thirty (30) day negotiation period.
12.2 Binding arbitration. Any dispute arising out of or relating to this Agreement or the Services that is not resolved under § 12.1 will be resolved by final and binding arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules, before a single arbitrator, seated in Fulton County, Georgia. Judgment on the award may be entered in any court of competent jurisdiction.
12.3 Class-action and jury-trial waiver. YOU AND THE COMPANY EACH WAIVE ANY RIGHT TO A TRIAL BY JURY AND ANY RIGHT TO BRING OR PARTICIPATE IN A CLASS, COLLECTIVE, OR REPRESENTATIVE ACTION. The arbitrator may not consolidate claims or preside over any form of representative proceeding.
12.4 Savings clause. If any provision of this Agreement is held unenforceable, it will be modified to the minimum extent necessary to make it enforceable and, if it cannot be so modified, severed; the remainder of the Agreement remains in full force. The parties intend each release, waiver, and limitation to be given the broadest effect the law allows.
12.5 Nothing in this section prevents either party from seeking injunctive relief in a court of competent jurisdiction to protect confidential information or intellectual property, or from filing a charge with a government agency where that right cannot be waived.
[COUNSEL] — § 12.3's class waiver is likely the single most valuable protection in this document, more so than § 5. Please confirm it is drafted to survive severance of § 12.2, and advise on whether a carve-out for small-claims-court actions should be added, which often improves enforceability.
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13.1 Governing law. Georgia law governs this Agreement, without regard to its conflict-of-laws rules.
13.2 Entire agreement. This Agreement, together with the background-check disclosure and any policies referenced in the Installer portal, is the entire agreement between the parties on this subject and supersedes all prior discussions.
13.3 Modification. The Company may modify this Agreement by posting an updated version and requiring your acceptance. Continued performance after you accept a new version constitutes agreement to it. Material changes will be presented for your affirmative acceptance.
13.4 Assignment. You may not assign this Agreement or subcontract the Services without the Company's prior written consent. The Company may assign this Agreement.
13.5 No waiver. A party's failure to enforce any provision is not a waiver of its right to enforce it later.
13.6 Notices. Notices to you may be sent to the email address on your account. Notices to the Company must be sent to the address published in the Installer portal.
13.7 Electronic signature. You agree that your electronic acceptance has the same legal effect as a handwritten signature.
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BY ACCEPTING, YOU CONFIRM THAT YOU HAVE READ THIS ENTIRE AGREEMENT, INCLUDING THE ASSUMPTION OF RISK AND RELEASE IN SECTION 5, THE INDEMNIFICATION IN SECTION 6, THE LIMITATION OF LIABILITY IN SECTION 11, AND THE ARBITRATION AND CLASS-ACTION WAIVER IN SECTION 12; THAT YOU HAVE HAD THE OPPORTUNITY TO CONSULT AN ATTORNEY OF YOUR CHOOSING; THAT YOU UNDERSTAND YOU ARE GIVING UP SUBSTANTIAL LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE FOR INJURIES CAUSED BY ORDINARY NEGLIGENCE AND THE RIGHT TO A JURY TRIAL; AND THAT YOU ARE SIGNING FREELY AND VOLUNTARILY.
Your acceptance is recorded with a timestamp and the version identifier of this document shown above.