Master Subcontractor Agreement

This Master Subcontractor Agreement (“Agreement”), by and between Junk in the Truck, LLC D/B/A JunkGurus (hereinafter “JunkGurus”), with an office and principal place of business in Forsyth County, NC and Client (hereinafter “Subcontractor”), both referred (hereinafter collectively the “Parties”).

Witnesseth:

Whereas, JunkGurus is in the business of brokering junk removal services with various clients (“Client”) for the pick up the items that need to be disposed, and hauling it off to be properly disposed for an all inclusive and competitive price with respect to certain projects (each “Project”); and

JunkGurus desires to enter into a master subcontractor agreement with Subcontractor whereby JunkGurus at its discretion may from time-to-time contract with Subcontractor, and Subcontractor desires to perform said work at the prices and upon the terms and conditions hereinafter expressed;

Now, Therefore, in consideration of the mutual agreements herein expressed, the Parties contract, covenant, and agree as follows:

1.      Scope of the Agreement

a.      JunkGurus and Subcontractor agree that this Agreement is a non-exclusive master agreement and that the Subcontractor may perform Junk Removal or similar services for others and JunkGurus may engage others to perform similar Junk Removal services during the term of this Agreement as defined herein.

b.      At the sole discretion of JunkGurus, and without any guarantee as to the number of projects, if any, in which it may be involved hereunder, JunkGurus may from time to time authorize Subcontractor to perform certain junk removal services for JunkGurus pursuant to this Agreement but only upon the execution by JunkGurus and Subcontractor of a work order (“Work Order”) in a form attached hereto as Exhibit A. This Agreement requires neither JunkGurus nor Subcontractor to issue or accept any particular Work Order; however, if fully executed, each Work Order shall be governed by the terms and conditions of this Agreement, as it may be amended by mutual agreement, and whether or not the Work Order specifically refers to it.

c.      Work Order means each document that is executed by Contactor and Subcontractor during the term of this Agreement, which contains the description of a specific Project with respect to which Services are to be performed, the precise scope of the Services to be performed, a detailed description of the Project site, and the details of compensation.

d.     NON-EMPLOYMENT RELATIONSHIP. You agree that you are an independent JunkGurus contractor, and nothing in this Agreement will create any partnership, joint venture, agency, franchise, sales representative, or employment relationship between you and JunkGurus. You will have no authority to make or accept any offers or representations on our behalf.

e.      Process.

                                                              i.      As Clients request services, JunkGurus shall list on their website/portal/etc. (“Website”) the information provided by the Clients, which shall be the description of a specific Project with respect to which Services are to be performed, the scope of the Services to be performed, photos of the junk to be removed, and the details of compensation.

                                                           ii.      Subcontractors who are eligible for a particular Project may accept the terms of the Work Order as set forth on the Website, and the first eligible and suitable Subcontractor to accept the Project, in JunkGurus sole discretion shall be awarded the Project via a Work Order issuing from the Website.

                                                         iii.      Subcontractors should retain receipt of the Work Order for at least 6 months after the completion of the Project.

                                                          iv.      Upon completion of the job, Subcontractors will upload pictures and details of the Project, along with any noted complaints, problems, concerns or any other items where documentation is appropriate.

                                                            v.      Payment will be issued as set forth herein.

f.       The term (hereinafter “Term”) of this Agreement shall be indefinite until terminate by either of the Parties or as otherwise amended.

2.     Subcontractor’s Work

a.      Subcontractor shall perform all work and shall furnish all required items for completion of the work described in each individual Work Order, including work incidental thereto and reasonably inferable therefrom, in strict accordance and full compliance with the terms of this Agreement, and to the satisfaction of JunkGurus and Client (hereinafter “Project”). A list of the current JunkGurus Required and Recommended Items for Projects is attached to this Agreement as “Exhibit B”, and shall be either attached to each Work Order or made available on the Website.

b.      Subcontractor shall adhere at all times to the “JunkGurus Best Practices”, which is attached to this Agreement as “Exhibit C”, and as it is updated from time to time.

c.      Subcontractor shall assume all obligations, risks and responsibilities which JunkGurus has assumed towards the Client, and third parties, as applicable, in the Client’s agreement, this Agreement, and the Work Order, and Subcontractor shall be bound to JunkGurus in the same manner and to the same extent JunkGurus is bound to Client or to said third parties.

d.     In case of a conflict between this Agreement and the Contract Documents as incorporated herein, pursuant to each Work Order, the terms of the Work Order shall prevail. To the extent relevant in their respective scopes of work, Subcontractor shall ensure each of its subcontractors and suppliers are bound to the terms of this Agreement and the Contract Documents.

e.      Subcontractor shall assume sole responsibility for and shall perform, or cause to be performed, all relative to the Subcontractor’s Scope of Work for each Project. To the fullest extent permitted by law, Subcontractor shall be liable to JunkGurus for any and all liability, costs, expenses, fines, penalties, and attorney’s fees resulting from its failure to fully and properly perform such duties.

f.       If conditions of the Project are not as set forth in the Work Order, the Subcontractor shall contact JunkGurus designated contact person for further instruction.

3.     Payment

a.      JunkGurus agrees to pay Subcontractor for performance of the Work a lump sum which shall be calculated and agreed by the Parties in each individual Work Order, regardless of whether the Client has paid JunkGurus or not.

b.      Payments shall be made every Friday as follows:

                                                              i.      The pay week shall run from Wednesday through Tuesday.

                                                           ii.      For work completed from Friday through Tuesday at 8pm, work shall be paid on the Friday of that same week.

                                                         iii.      For work completed from Tuesday after 5pm through Friday, it shall be paid on the Friday of the following week.

                                                          iv.      If Subcontractor notes they have not been paid after 2 Fridays have passed, or that they amount they were paid for a specific job is incorrect, they are to notify JunkGurus immediately but no later than 4 weeks after the job is complete.

                                                            v.      Completion of the work means that the completed Work Order is uploaded to the Website or submitted pursuant to JunkGurus instructions, so if there is a delay in submitting the Work Order completion, that may cause payments to be delayed.

c.      Payments shall be made by Direct Deposit to the representative’s account on file with JunkGurus consistent with the Subcontractors W9 or similar form, and it is the Subcontractor’s responsibility to timely update the payment records in writing signed by the authorized persons as instructed by JunkGurus. JunkGurus is not responsible for non-receipt of payment if it was sent to the account on file.

d.     Subcontractor accepts sole and exclusive liability for all taxes and contributions required of Subcontractor by federal, state, or local laws or regulations, including without limitations: the Federal Social Security Act; the Unemployment Compensation Law; and/or similar laws in any state with respect to the employees, subcontractors or other agents of Subcontractor and the performance of the Project.

e.      To the maximum extent allowed under the law, JunkGurus may withhold from any payment, including final payment, such amount as JunkGurus, in its discretion, deems reasonably necessary to protect itself against any actual or potential liability (including attorney’s fees and costs) or damage directly or indirectly relating to the Agreement arising from, or alleged to arise from, any act or omission by Subcontractor, regardless of whether or not Client has actually withheld payment from JunkGurus.

f.   JunkGurus reservse the unilateral right to modify payment terms, including but not limited to payout, payout amounts, payout due date, payout methods, as well as the formula or method by which payouts are calculated without prior notice, at is sole discretion. 

4.    Indemnification and Subcontractor’s Liability

a.      Subcontractor hereby assumes the entire responsibility and liability for all Work, supervision, labor, and materials provided under any Work Order issued pursuant to this Agreement for all equipment, supplies and other things provided by the Subcontractor until final acceptance of the entirety of the Work by Client. In the event of any loss, damage, or destruction thereof from any cause, Subcontractor shall be liable therefor, and shall repair, rebuild, and make good said loss, damage, or destruction at Subcontractor’s cost, subject only to the extent that any net proceeds are payable under any property insurance that may be maintained by Client or JunkGurus, if any.

b.      Subcontractor shall be liable to JunkGurus for all costs JunkGurus incurs as a result of any failure of Subcontractor, or any of its suppliers or subcontractors of any tier, to fully and properly perform their obligations and duties with respect to the Work.

c.      To the fullest extent permitted by law, Subcontractor shall indemnify, defend, and hold harmless JunkGurus, Client and their respective officers, directors, employees, and agents (“Indemnified Parties”) from and against all claims, damages, demands, losses, expenses, fines, causes of action, suits or other liabilities, (including all costs reasonable attorney’s fees, consequential damages, and punitive damages) arising out of or resulting from, or alleged to arise out of or arise from, the performance of Subcontractor’s Work under the Agreement, and any Work Order whether such claim, damage, demand, loss or expense is attributable to bodily injury, personal injury, sickness, disease or death, or to injury to or destruction of tangible property, including the loss of use resulting therefrom; but only to the extent attributable to the negligence of Subcontractor or any entity for which it is legally responsible or vicariously liable, regardless whether the claim is presented by an employee of Subcontractor.

d.     To the fullest extent permitted by law, Subcontractor shall also indemnify, defend, and hold harmless the Indemnified Parties from and against all claims, damages, demands, losses, expenses, fines, causes of action, suits or other liabilities, (including all reasonable costs, attorneys’ fees, consequential damages, and punitive damages), arising out of or resulting from, or allegedly arising out of, the failure of Subcontractor, or any of its suppliers or subcontractors of any tier, to compensate any of its employees or independent contractors in accordance with any applicable federal, state, or local law or regulation regarding the payment of wages.

e.      The indemnity obligations referenced herein shall not be construed to negate, abridge, or otherwise limit any other obligations of Subcontractor or rights of JunkGurus hereunder. This indemnification shall not be limited in any way by any limitation on the amount or type of damages, compensation, or benefits payable by or for Subcontractor under any workers’ compensation acts, disability benefits acts, or other employee benefits acts. This indemnification shall be in addition to any indemnity liability imposed by the Contract Documents, and shall survive the completion of the Work or the termination of the Agreement.

f.       Subcontractor’s assumption of liability is independent from, and not limited in any manner by, Subcontractor’s insurance coverage obtained pursuant to Article 5 or otherwise.

g. Subcontractor must pass a background check before work orders can be issued by JunkGurus to Subcontractor. JunkGurus will provide the background checks for Subcontractor and the background check will arrive via email through a third party (Checkr, inc). JunkGurus will cover the upfront costs for the background check which may range between $40 - $190+ (depending on counties, cities, states Subcontractor has resided, their fees and Checkr, Inc Fees). However if Subcontractor successfully passes background check the Subcontractor must reimburse JunkGurus $20 after completion of their first work order. Subcontractor is responsible for having background checked all employees, subcontractors and/or anyone who will be at any JunkGurus issued workorder jobsites.

5.     Subcontractor’s Insurance. Prior to commencing the Work, Subcontractor shall procure and thereafter maintain, at its own expense, until final acceptance of the Work or later as required by the terms of the Agreement or any individual Work Order, insurance coverage required by the Contract Documents and this Agreement. At a minimum, and subject to modification in individual Work Orders, the types of insurance and at least the minimum policy limits specified in Exhibit D shall be maintained. All insurers shall be qualified to do business in the state where the project is located.

6.    Time of Performance

a.      Subcontractor will commence Work when directed by JunkGurus and will proceed with the Work in a prompt and diligent manner in accordance with the specifications within each individual Work Order.

b.      TIME IS OF THE ESSENCE. Each Work Order must be completed within the time window specified in the Work Order unless otherwise agreed upon in writing by the Client, JunkGurus and the Subcontractor.

7.     Changes and Claims

a.      If, upon arrival it appears the scope of the work is different from what was provided on the Work Order, the subcontractor is obligated to undertake the work until equipment has reached its capacity. If after undertaking the work there are still items remaining for the subcontractor to pick up, the Subcontractor is to notify the Client through the mobile app using the "Additional Load Request" function, which shall issue an updated quote to the client.

b.      If the Client declines the additional load request the Subcontractor shall be notified through the mobile app and the Subcontractor may depart immediately.

c.      If the Client accepts, then the Subcontractor shall be notified through the mobile app that the client has accepted, the Subcontractors pay will be increased and the Subcontractor shall resume the work to completion in accordance with the revised Work Order.

d.     In the event of a dispute, the Subcontractor shall call the designated JunkGurus representative for clarification and further instruction.

8.    Failures to Perform

a.      If, in JunkGurus’s sole opinion, Subcontractor shall at any time:

                                                              i.      Refuse or fail to provide sufficient, properly skilled workmen or required items;

                                                           ii.      Fail in any respect to compete the Work according to the Work Order;

                                                         iii.      Stop; delay; or interfere with the work of JunkGurus or any other Subcontractor;

                                                          iv.      Fail to comply with all provisions of this Agreement, an individual Work Order, or the Contract Documents as incorporated herein;

                                                            v.      Be adjudged bankrupt, or make a general assignment for the benefit of its creditors;

                                                          vi.      Have a receiver appointed; or

                                                       vii.      Become insolvent or a debtor in reorganization proceedings, then—after serving three (3) days written notice on JunkGurus, unless the condition specified in such notice shall have been eliminated within such three (3) days—

JunkGurus may, at its option:

1.       Without voiding the other provisions of the Agreement and without notice to the Client, take such steps as are necessary to overcome the condition, in which case Subcontractor shall be liable to JunkGurus for the cost thereof;

2.      Terminate for default Subcontractor’s right to proceed under the Agreement or Work Order, or both; or

3.      Seek specific performance of Subcontractor’s obligations, it being agreed by Subcontractor that specific performance may be necessary to avoid irreparable harm to JunkGurus and/or Client.

b.      In the event of termination for default, JunkGurus may, at its option:

                                                              i.      Enter on the premises and take possession—for the purpose of completing the Work—of all materials and equipment of Subcontractor;

                                                           ii.      Require Subcontractor assign to JunkGurus any or all of its outstanding Work Orders; or

                                                         iii.      Complete the Work either by itself or through others, by whatever method JunkGurus deems expedient. In case of termination for default, Subcontractor shall not be entitled to receive any further payment until all Work shall be fully completed and accepted by Client.

c.      If Client terminates any portion of the Agreement with JunkGurus—including the Work which is the subject of an individual Work Order—then the Agreement shall be similarly terminated and Subcontractor shall be entitled to such relief as may be granted JunkGurus on Subcontractor’s behalf, consistent with this Agreement.

d.     In the event of termination for default or any other reason, the provisions of this Agreement concerning Subcontractor’s liability, indemnity, insurance obligations, non-compete and non-disclosure shall remain in full force and effect in conformance with and for the period(s) specified in those provisions.

9.    Settlement of Disputes

a.      In case of any dispute between JunkGurus and Subcontractor, due to any Client Claims; any act or omission of Client or any entity for which Client is responsible; or involving the Contract Documents, Subcontractor agrees, to the same extent JunkGurus is bound to Client, to be bound by the terms of the contract Documents, and by any and all preliminary and final decisions or determinations made thereunder by the party, board or court so authorized in the Contract Documents or by law, whether or not Subcontractor is a party to such proceedings. In case of such dispute, Subcontractor will comply with all provisions of the Contract Documents allowing a reasonable time for JunkGurus to analyze and forward to Client any required communications or documentation. JunkGurus will, at its sole option: (1) present to Client, in JunkGurus’s name, or (2) authorize Subcontractor to present to Client, in JunkGurus’s name, all of Subcontractor’s claims and answer Client’s claims involving Subcontractor’s Work, whenever JunkGurus is permitted to do so by the terms of the Contract Documents. If such dispute is prosecuted or defended by JunkGurus, Subcontractor agrees to furnish all documents, statements, witnesses, and other required information, and to pay all costs, including attorneys’ fees, incurred in connection therewith.

b.      Subcontractor irrevocably assigns the right to accept and process payments, file Claim of Liens and any other such legal recourse against Clients to JunkGurus.

c.      For any dispute involving either party, either one may request non-binding mediation of non-Client Claims with a mediator to be agreed upon by the parties, and shall pursue resolution of their dispute in good faith through such mediation. If Parties cannot agree upon a mediator, they shall submit the dispute to Arbitration for non-binding arbitration pursuant to its rules. Any such mediation or arbitration shall take place in Forsyth County, NC unless otherwise agreed upon. Parties shall equally bare any mediation costs. Neither party shall file a legal action in Court other than to compel mediation or arbitration and/or preserve rights until such time as mediation and/or arbitration options have been complied with.

d.     Anything to the contrary in the Contract Documents notwithstanding, any controversy between JunkGurus and Subcontractor not involving Client, the Contract Documents, or an Client Claim, and which is not amicably resolved by the Parties will be submitted to a court of competent jurisdiction in the State of North Carolina where the Project is located;

Each party in any litigation/arbitration/mediation shall be responsible for their attorneys’ fees, costs and expenses incurred in connection with the litigation, however, if it is determined that Subcontractor was in breach of this Agreement and damages are in excess of $5,000, than the Subcontractor is liable for all JunkGurus attorneys’ fees, costs and expenses reasonable incurred therein.

10.                        Modification or Termination for Convenience

a.      Each party shall have the right to terminate this Agreement and any Work Order issued hereunder—in whole or in part—for its own convenience, and regardless of whether there is a termination of JunkGurus’s contract with Client, by providing the other party written notice of termination, to be effective upon receipt by the other party sent by certified mail to the address set forth in ¶16, supra.

b.      If the Agreement or any Work Order is terminated for convenience after work has begun on a Project, Subcontractor shall be paid the amount representing costs due from Client for its Work, as provided in the Contract Documents, after payment therefore by Client to JunkGurus. Subcontractor’s remedy under this Article 10 shall be exclusive and in no event will Subcontractor be entitled to recovery of any anticipatory profits or damages.

c.      The JunkGurus may modify this Agreement and its terms and conditions at any time with seven (7) days notice, upon which time it will apply to all new Work Orders issued after the 7^th day, and the Subcontractor who accepts the new work after proper notice is deemed to have accepted these terms accordingly.

11.  Assignment

a.      Subcontractor shall not subcontract any portion of the Work or the Agreement and shall not assign or transfer this Agreement or any Work Order, or funds due thereunder, without JunkGurus’s prior written consent..

b.      JunkGurus may assign the Agreement or any Work Order without prejudice to its right sunder the Agreement, Work Order, or any surety bond issued with respect thereto.

12. Safety

a.      JunkGurus makes nor representation with respect to the physical conditions or safety of any Project Site. Subcontractor shall—at its own expense—preserve and protect from injury its employees engaged in the performance of the Work and all property and persons which may be affected by its operations in performing the Work. The prevention of accidents and/or exposure of workers and/or others to hazardous materials is the responsibility of Subcontractor and Subcontractor shall comply with all safety measures initiated by JunkGurus and all federal, state, labor, and local laws regulations, and codes concerning safety as shall be applicable to the Work and to the safety standards established by JunkGurus during the progress of the Work. Subcontractor shall notify JunkGurus as soon as possible but no later than three (3) business days of any injury to an employee or agent of Subcontractor occurring at the Project Site. Subcontractor shall indemnify, defend, and hold harmless JunkGurus, Client, and their respective officers, directors, agents, and employees from any costs, expenses, or liability (including attorneys’ fees, fines, and/or penalties) arising out of the Subcontractor’s failure to comply with the aforesaid law, regulations, and codes.

13. Clean-Up

a.      Subcontractor shall, upon departure from a Project/Client’s location, clean up the areas used by Subcontractor for its Work and shall remove from each Project Site, or to a specified location on the Project Site as directed by Client, and in a manner that will not impede either the progress of the Project or of other trades, all: rubbish; waste material; excess material; and debris, resulting from the Work.

14.Non-Compete/Non-Solicit

a.      It is understood and agreed that the Subcontractor will have substantial relationships with specific businesses and personnel, prospective and existing, vendors, contractors, customers, and employees of JunkGurus that result in the creation of customer goodwill. Therefore, while the Subcontractor is contracted by JunkGurus and continuing for a period of twelve (12) months following the date of the Subcontractors last completed work order, so long as JunkGurus or any affiliate, successor or assign thereof is in the Junk Removal or like business, anywhere within 60 miles of any job site, unless JunkGurus approves an exception, the Subcontractor shall not, directly or indirectly, either personally or on behalf of, or in conjunction with, any other person, persons, company, partnership, corporation, business entity or otherwise:

                                                              i.      Call upon, solicit, write, direct, divert, influence, or accept business (either directly or indirectly) with respect to any account or customer or prospective client of the JunkGurus; or

                                                           ii.      Hire away any subcontractors or personnel of JunkGurus and/or entice any such persons to leave the employ of the JunkGurus or terminate their respective Agreements without the prior written consent of the Company.

15. Non-Disclosure

a.      Agreement. For good and valuable consideration, specifically as being given the opportunity to access and receive Projects as a Subcontractor with JunkGurus, the receipt and sufficiency of which are acknowledged, the undersigned  Subcontractor enters into this Non-Disclosure Agreement with and for the benefit of JunkGurus.

b.      Information. Subcontractor is working as an Junk Removal Subcontractor for JunkGurus for the duration of each Work Order. As part of this endeavor, Subcontractor has access to JunkGurus Information. “Information” means all information, documentation, software (including listing thereof and documentation related thereto), trade secrets, market share, contracts, memoranda, client lists, correspondence, financial data, or any other business information made available by JunkGurus to Subcontractor. Subcontractor acknowledges that the Information is highly confidential and proprietary to JunkGurus and its Clients.

c.      No Release. Subcontractor shall not at any time, without prior written consent of JunkGurus, furnish, copy, reproduce or distribute, in whole or in part, directly or indirectly, the Information to anyone. Subcontractor will keep permanently confidential the Information and will use the Information only for the purpose set forth above.

d.     Exceptions. Subcontractor shall be under no obligation to maintain as confidential any information which (a) Subcontractor can show by legally sufficient written evidence was in its possession prior to disclosure by JunkGurus; or (b) becomes generally available to the public in tangible form other than by acts or omissions of Subcontractor; or (c) is lawfully obtained without confidentiality obligations from a third party.

e.      Breach. Any breach of this Agreement likely will cause irreparable harm to JunkGurus for which money damages could not reasonably or adequately compensate JunkGurus. In the event of the breach of any of the terms of this Non-Disclosure Agreement by Subcontractor or any of Subcontractor’s Representatives, JunkGurus shall be entitled to injunctive relief, without the posting of bond or other security, in any court of competent jurisdiction without limitation as to any further remedies that may be available to it. Subcontractor’s obligations under this Non-Disclosure Agreement will survive termination of the discussions and business relationship, if any, with JunkGurus, regardless of the manner of such termination and Subcontractor shall be responsible for the unauthorized disclosure by Subcontractor’s Representatives.

f.       Disclaimer. While the Information is believed to be accurate, it is subject to change, error or withdrawal of offering, without notice. With regard to Information that is subsequently changed or withdrawn, JunkGurus expressly disclaims any and all liability from representations or warranties, expressed or implied, contained in the Information, or, for omissions from it. JunkGurus reserves the right to require the return of the Information at any time.

16.General provisions

a.      Choice of Law. This Agreement shall be governed by and construed in accordance with the laws of the State of North Carolina without regard to conflict of law principles.

b.      Venue. Venue shall be Forsyth County, North Carolina for any and all legal actions.

c.      No presumption against the drafter. Both Parties have had the opportunity to review this Agreement with counsel and negotiate before signing the Agreement. Therefore, there will be no presumption for or against either of the Parties arising out of the drafting of this Agreement.

d.     Entire Agreement. This Agreement contains the entire agreement and understanding among the parties hereto with respect to the subject matter hereof, and supersedes all prior and contemporaneous agreements, understandings, inducements and conditions, express or implied, oral or written, of any nature whatsoever with respect to the subject matter hereof. The express terms hereof control and supersede any course of performance and/or usage of the trade inconsistent with any of the terms hereof.

e.      Notice. All notices or other communication required or permitted to be given hereunder must be in writing and given by e-mail transmission and  first-class mail, postage prepaid, sent to the designated representatives below:

                                                              i.      Notice to the JunkGurus:

Junk in the Truck, LLC
Address
Electronic notice to: support@junkgurus.us
In the alternative, electronic notice may be sent through the Website.
 

                                                          ii.      If JunkGurus has terminated the Subcontractors Website account, then the notice shall be sent by either party via the email address provided herein and first-class mail, postage prepaid.

 

     17. JunkGurus: Guru No-Show Policy

     If a Guru does not show up to the job, at the clients desired date and time in which the Guru agreed upon by accepting the workorder and its responsibilities, the Guru will         face disciplinary actions such as temporary communication ban from JunkGurus and up to immediate ban from the JunkGurus platform.

     A No-Show is defined as a Guru not showing up to the job site listed on the JunkGurus work order at the desired date and time requested by the client and which upon             accepting via the JunkGurus Mobile App the Guru agreed to the workorder and its responsibilities. A No-Show may also be defined as a Guru cancelling a job within 1 hour       of the jobs start time. (For More Information on JunkGurus Canceled Jobs Policy, please read “JunkGurus: Guru Job Cancellation Policy”)

     No-Shows may be looked at on a case-by-case basis, however JunkGurus holds full discretion.

     If your account is deactived, you will have the opportunity to rejoin JunkGurus 6 months from the date you were notified of account deactivation.

 

     18. JunkGurus: Guru Job Cancellation Policy

     If a Guru cancels 3 work orders in a rolling 6-month period, the Guru will face disciplinary actions such as temporary communication ban and up to an immediate ban from       the JunkGurus platform. If a guru is going to be more than 5 minutes late, they must notify the client via the messaging function on the JunkGurus mobile app. (For More           Information on JunkGurus Late Policy, please read “JunkGurus Best Practices” which can be seen each time a job is accepted or always available in the “Master                       Subcontractor Agreement” on the “Account” tab in the JunkGurus Mobile App.)

     Job Cancellations may be looked at on a case-by-case basis, however JunkGurus holds full discretion.

     If your account is deactived, you will have the opportunity to rejoin JunkGurus 6 months from the date you were notified of account deactivation.

 

    19. Client Requested Date and Time is NOT Negotiable.

      Each Guru who accepts a job offered by JunkGurus is bound by the terms and conditions/Master Subcontractor Agreement of JunkGurus and the client's requested terms        and conditions, which may include but is not limited to specific date and time requirements. It is expressly acknowledged that the client's requested date and time is not            negotiable and must be strictly adhered to. Any Guru who accepts a job through the JunkGurus platform must honor the requested date and time, with a tolerance of no            more than 15 minutes in either direction. If a Guru is unable to meet the client's requested date and time, they must promptly cancel the job so that an available Guru can          fulfill the client's request. Furthermore, Gurus who violate this policy by abusing the cancellation process may face disciplinary action, including but not limited to being              banned from the  JunkGurus platform.

     (For More Information on JunkGurus Canceled Jobs Policy, please read “JunkGurus: Guru Job Cancellation Policy”)

 

    20. Job Discrepencies Policy

      If a job is not completed to the satisfaction of the client due to but not limited to items scheduled to be picked up were not hauled away an investigation will be conducted          by JunkGurus and dependent on the severity of the issue it could lead to immediate account deactivation. If the 1st discrepency is not deemed serious enoigh for account        deactivation then is 1 more occurent happens in a rolling year (total of 2 times in a rolling year) this could ultimately still lead to account deactivation. All situations may be        looked at case by case.

 

Exhibit A:

 

JunkGurus Model Work Order (in the app)

 

 

 

Exhibit B:

Best Practices Punctuality: Arrive on time or early for your appointments. If you anticipate being more than 5 minutes late, promptly notify the client by messaging them via the mobile app. Job Start/End: Mark a job as started once you've began working and mark as complete when you've finished loading your final items and are leaving the job site. Ownership: Treat JunkGurus jobs as your own and make wise decisions independently within JunkGurus' terms and conditions. Empty Cargo Space: Always arrive with empty cargo space. If using a truck, this means toolboxes must be removed. Load Items Efficiently: Our clients pay for the space in your equipment so it is important to load items efficiently to maximize the space they’ve paid for. Equipment Compliance: It's crucial to arrive with the specific equipment requested by the client to ensure you are paid fairly and that the client receives what they paid for. This is because the price paid by the client is directly tied to the equipment they've specified and your payout is linked to this as well. Client provided job photos are irrelevant to your payout. Example: if the client asks for a box truck or an equivalent, showing up with a pick up truck means the client isn't getting the full value of their payment. Conversely, if the client requests a pickup truck, and you arrive with a box truck you risk not receiving fair compensation. To check how JunkGurus has categorized your equipment, please go to the "Account" tab, and select "Equipment" on the JunkGurus Mobile app. Branding: You must always display a JunkGurus magnet on your vehicle and a JunkGurus Rearview Mirror Hanger to make it clear when you arrive to the client that you are an authorized representative of JunkGurus and you've arrived to complete their requested junk removal. Professionalism: Maintain a professional attitude when interacting with JunkGurus clients and when on a JunkGurus jobsite Presentable Attire: Wear presentable clothing and shoes, keeping in mind that your work may get dirty at times. Introduce Yourself: Upon arrival introduce yourself to the client by stating your name and making them aware that you represent JunkGurus. Client Engagement: Engage clients in conversation to create a comfortable atmosphere. If a client prefers not to chat, focus on necessary job-related topics. Client Assistance: You are responsible for bringing your own man power as needed. You must never ask for assistance from clients or accept assistance from clients in order to avoid any potential liability issues. Check your surroundings: Be mindful of the surroundings in someone's home to prevent damage to walls, furniture, etc. Loading Height: For your safety and others on the road, when using a truck or trailer, you must not stack items higher than 6 feet from ground to the top of load. Load Safety: For your safety and others on the road, secure all loads with tarps and straps to prevent items from falling out during transport. Proper Disposal: Some items you will be able to keep, resell, recycle or donate. Anything that cannot be repurposed must be disposed properly by taking them to the nearest landfill. If donating, be sure to keep your receipts to help reduce your tax liability. Items Not To Haul: Do not handle items or enter homes with fleas, lice, bed bugs, biohazardous waste, hazardous waste including chemicals (Household chemicals ok), motor oil, automobile batteries, solvents, drain openers, compressed gas tanks and paint cans with paint still inside of them. However, empty or dried paint cans mut be hauled away. At times special arrangements may be made however this will always be communicated to you by a JunkGurus representative. Demolition Work:  You should not perform demolition work when on a JunkGurus job. You are only required to perform minor disassembly tasks such as disassembling furniture to make it through doorways. Electrical & Plumbing: You must never disconnect plumbing or hard-wired electrical connections. If an item that needs to be hauled is still connected to plumbing or hard-wired electrical then it must be disconnected by the property owner, property manager or their maintenance team. Requesting an Additional Load: If you show up to a job site and workload appears to be more than you are equipped to handle (you believe your equipment will not hold all items client needs disposed) you must continue with job and remove as much as your equipment allows. IMPORTANT: Before submitting an additional load request, please be sure that you have followed the "Loading Height" & “Loading Efficiently” best practices. If you indeed reached your equipment’s capacity (there are still items to be disposed) you will then follow the appropriate steps to obtain approval from client. Job Start Date and Time: Stick to the client's scheduled date and time unless mutually agreed upon changes have been communicated and accepted by both you and the client. Again JunkGurus job date/time are non-negotiable per policy. Date & Time are Non-Negotiable: When accepting a job, you must comply with both JunkGurus' terms and the client's specific requirements, which include a set date and time. The client's chosen date and time cannot be altered and must be followed precisely. You must stick to this schedule, with a maximum tolerance of 30 minutes in either direction. If you cannot meet the requested date and time, then you must promptly cancel the job so that another available Guru can take it. Client On-Site Dumpster Use: You are not to dispose any of the items you've been hired to haul away in client dumpsters. Exceed Client Expectations: Go above and beyond for client. By doing so you may be able to lock out this client if they begin to request you as their Preferred Guru. Trash Outs: When clients request a trash out/cleanout, the home needs to be left free of all items & trash. This means emptying refrigerators, kitchen/bathroom cabinets, and all storage closets. Unless otherwise specified by client, all appliances (Refrigerator, Stove, Dishwasher, Microwave, & Washer/Dryers) must stay. Trash Out Protocol: When clients request a trash out you must be accompanied to the home or unit to ensure that you are trashing out the correct unit. Subcontracting: JunkGurus work orders must always be performed by the assigned Guru and/or their direct employees. JunkGurus work orders must never be subcontracted. Parking Brake & Chocking: For your safety and others around you, before you begin working it is important to pull the parking brake on your vehicle and chock tires. Your vehicle and/or trailer will become weighed down due to the items you are loading. Breakdown Cardboard: Break down all cardboard and cardboard boxes to conserve the space the client is paying for. Frequent client communication: Communicate with the client as frequently as necessary. When you are on your way to the job site, message the client and let them know you are on the way and what your ETA is. If you must leave the job site for any reason other than heading to the landfill after an approved additional load request you must message the client and make them aware while also letting them know when you will be back. If you are working a larger job that is taking 2+ hours, message them client to provide them updates on the status of the job, how much longer you anticipate it will be and any other pertinent information they may need to know. Off-Property Disposal and Redistribution Policy: All items that you are being hired to haul away must be hauled OFF of the property. All repurposing, reselling, donating, and/or disposing of items must be done off of the clients property. You should never sell, donate, or give items to anyone on the property that is not a JunkGurus representative, property management, maintenance, or property owner unless authorized by JunkGurus representative, property management, maintenance, or property owner. Illegal Dumping: Anyone found to be illegally dumping items will be immediately removed from the JunkGurus platform. ALL items must be hauled away from the clients property & properly disposed of at a landfill unless you are keeping, reselling, donating, recycling. If reselling, donating or giving to an individual, all exchanges must be done off and away from the clients property.

 

 

Exhibit C:

 

JunkGurus

Contractor’s items

 

Required Items

Tarp

Ratchet straps

Work Gloves

Appropriate Workboots or Close-toed non slip Shoes

Tire chock

N95 Facemask (if appropriate for the job)

Safety Glasses (if appropriate for the job)

Any other safety equipment as required (if appropriate for the job)

Recommended Items

Screwdrivers (flat head, Phillips)

Allen wrenches

Pliers

Trash bags

Broom

Snow shovel

Dustpan

Furniture dolly

Hand truck

Handheld Vacuum

Automobile Phone Charger

Hand sanitizer

 

Exhibit D:

Insurance Requirements