Pro Independent Contractor Agreement
Last updated: [DATE]
DRAFT — for attorney review before publication. Worker classification is a genuinely high-stakes area (misclassification carries real tax and legal exposure) — do not rely on this draft without an attorney confirming it matches how Pros actually work in practice, not just how this document describes it.
This Agreement is between [COMPANY LEGAL NAME] ("DIY Pros," "we," "us") and you ("Pro," "you"), and governs your participation as a Pro on the DIY Pros platform (the "Platform"). By completing Pro registration, you agree to this Agreement in addition to the general Terms of Service.
1. Independent Contractor Status
You are an independent contractor, not an employee, agent, joint venturer, or partner of DIY Pros. This means, among other things:
- You are solely responsible for your own federal, state, and local taxes on income earned through the Platform, including self-employment tax. DIY Pros does not withhold taxes and will issue a Form 1099 (or successor form) as required by law.
- You are not entitled to employee benefits (health insurance, workers' compensation, unemployment insurance, paid leave, etc.) through DIY Pros.
- You control how you perform your work, subject only to the quality, conduct, and platform rules described in this Agreement and the Terms of Service. DIY Pros does not direct the specific methods, tools, or advice you use in a session.
- You are free to offer your services through other platforms and are under no obligation to accept any particular session request.
2. Verification — What DIY Pros Confirms, and What You Represent
DIY Pros requires, before you may accept live sessions:
- Identity verification through Stripe Identity.
- Completion of an in-app knowledge assessment, which determines your displayed tier ("Knowledgeable," "Knowledgeable Pro," or "Technician" where available) and the rate you may charge.
This knowledge assessment tests general subject-matter knowledge. It is not a trade license, and DIY Pros does not verify trade licenses, insurance, or any government-issued credential. By registering, you represent and warrant that:
- You hold any license, permit, certification, or insurance legally required for the trade advice you provide, in every jurisdiction where you provide it;
- The license number and state you provide during registration are accurate; and
- You will only provide advice you are legally and competently qualified to give, and will clearly decline to advise on anything outside your actual qualifications.
DIY Pros bears no responsibility for verifying the above and disclaims liability for advice you give that turns out to require a license or qualification you did not actually hold.
3. Fees and Payment
- Your rate per 15-minute increment is fixed by the tier you've earned through the knowledge assessment, as described in the app.
- Sessions are billed to the DIY User in 15-minute increments; sessions ending within the first 2 minutes are not billed at all.
- DIY Pros retains a 20% platform fee on each billed session; you receive the remaining 80%, paid out to your connected Stripe account.
- Payouts are processed through Stripe Connect. You are responsible for providing accurate payout information and for any fees Stripe charges on transfers to your bank account.
- [PLACEHOLDER: specify payout schedule/timing if different from Stripe Connect's default.]
4. Refunds
If a DIY User requests a refund because you were unable to help, you may approve or deny that request in the app. If you deny it and the User disputes your decision, DIY Pros will review the dispute and may, at its discretion, reverse the charge. You agree that DIY Pros' good-faith dispute decisions are final.
5. Conduct and Termination
You agree not to:
- End sessions prematurely or otherwise manipulate the billing structure;
- Discriminate against or harass any DIY User;
- Provide advice outside your actual qualifications or represent yourself as licensed when you are not;
- Solicit DIY Users to transact outside the Platform to avoid DIY Pros' fee.
DIY Pros may suspend or terminate your Pro account, including for patterns consistent with abuse (e.g., an unusually high rate of sessions in a short window), at our discretion, with or without prior notice.
6. Confidentiality
You agree to keep confidential any personal or sensitive information a DIY User shares with you during a session, and to use it only to provide the requested help.
7. Indemnification
You agree to indemnify and hold DIY Pros harmless from any claim arising from the advice or services you provide, including any claim that you lacked a license or qualification you represented that you held.
8. Term and Termination
This Agreement remains in effect while you maintain a Pro account. Either party may terminate at any time; sections relating to fees already earned, confidentiality, and indemnification survive termination.
9. Governing Law
This Agreement is governed by the laws of the State of Indiana. [PLACEHOLDER: align with the dispute-resolution approach chosen in the Terms of Service.]
10. Contact
Questions about this Agreement can be sent to [SUPPORT EMAIL] or [COMPANY MAILING ADDRESS].