By accessing or using the Services, you are accepting this Agreement and you represent and warrant that you have the right, authority, and capacity to enter into this Agreement. If you do not agree with all of the provisions of this Agreement, do not access and/or use the Services.
Grand Masters have developed an expertise in a specific area of service and wish to expand their outreach of those services by selecting and training local masters to provide those services in the Local Master's geographic area.
The parties are independent contractors and the Agreement does not create an agency, employment relationship, partnership, franchisor, franchisee, or joint venture. You are prohibited from making statements to the general public implying that you are in any such agency, employment relationship, partnership, franchisor, franchisee, or joint venture relationship with the Company. We are not involved in agreements between Grand Masters and Local Masters nor do we intervene or have liability in any disputes between Grand Masters and Local Masters. We merely provide the platform for which Grand Masters and Local Masters can connect to offer services to Members, and to implement the processing and payment of those services.
Grand Master is responsible for determining certain terms or requirements between Grand Master and Local Master. We may provide Grand Master Services such as template agreements and terms to use with Local Masters to help streamline the process of onboarding Local Masters. Grand Master agrees that any templates or terms provided by us do not constitute legal advice or a recommendation on how Grand Master should operate their business. If any terms or agreement between Grand Master and Local Master conflict with these terms or other terms on our Site, these terms will prevail.
Selection: As a part of our Service, we connect you with applicants that desire to offer your services in their geographic area as a Local Master. You are solely responsible for selecting, and training Local Masters to provide your services. While we provide you with the platform to review and train applicants as Local Masters, we are not responsible for any of the services provided by Local Masters. We do not conduct background investigations on any applicants and are not responsible for any statements made by an applicant, including those statements concerning an applicant's identity or qualifications to perform your services as a Local Master. You are responsible for ensuring that any applicant has the proper certifications or licenses that may be required to provide your services, if any. Connecting you with potential applicants is not an endorsement of any such applicant.
Geographic Area: We, in our sole discretion, can determine whether more than one Local Master can sell your services in a given geographic area.
Compliance with Laws: You are responsible for complying with all applicable laws and regulations that may apply to your selection, training, and termination of Local Masters.
Disputes: We have no obligation or responsibility to intervene in or resolve disputes between Grand Masters and Local Masters. We have no liability for either a Grand Master's or Local Master's breach of these terms, or failure to meeting each other's expectations or obligations. We have no liability for loss of business or business opportunity, or any other claim by reason of our terminating or suspending a Grand Master or Local Master from using our Platform.
Pricing of Services: We have sole discretion to determine the price for your services at any given time and in any given geographic area. We will ask for your feedback on desired pricing to members and Local Masters, but ultimately, we will decide the price for your services that is offered to our Members and the portion of those services paid to Local Masters. This decision will be based on a variety of factors including but not limited to, geographic area, timing of the offer, our marketing and service costs, and Member demand.
Payment: You will be paid a portion of the amount charged for services received by our Members. This amount is determined, in our sole discretion, based on a variety of factors including but not limited to, the price charged for the service and our marketing and service costs.Thus, the amount you are paid each time a service is booked and received by a Member may vary. Except in the event of termination, we will pay you by the last day of the calendar month following any calendar month in which the earned balance in Your Account equals or exceeds the applicable payment threshold of more than $25.00 USD (twenty-five US Dollars). The earned balance of your account is updated at the time a Member uses available credits to request the services you offer through a Local Master. If you implement Promotional Services offered by us under separate agreement, your payments may be offset by any applicable fees for such Promotional Services. If your account is terminated for any reason, within thirty (30) days of your termination, we will pay you for all services received by Members up to the time of your termination.
Audit Rights: We will have the right, in our sole discretion, to audit or examine all fees paid out to Grand Master to determine whether any errors caused overpayment of fees to Grand Master. If it is determined that Grand Master was overpaid, Grand Master must refund the amount of the overpayment within five (5) days of receiving notice from Us. Should Grand Master fail to refund any overpayment, we will have the right to withhold future payments to Grand Master until the overpayment is satisfied.
Payment Disputes: In addition to our other rights and remedies, we may (a) withhold and offset any payments owed to You under the Agreement against any fees You owe us under the Agreement or any other agreement, or (b) require You to refund us within 30 days of any invoice, any amounts we may have overpaid to You in prior periods. If You dispute any payment made or withheld relating to the Services, You must notify localmasters.com in writing within 30 days of any such payment. If You do not, any claim relating to the disputed payment is waived.
Refunds: In our sole discretion, we may issue refunds to customers for services rendered by a Local Master. If a refund is issued, you will not receive payment for those services. Please review our Member refund policy here.
1099 Independent Contractor: Grand Masters are 1099 Independent Contractors and are responsible for reporting their income to the IRS and paying taxes appropriately. Taxes will not be withheld for payments made to Grand Masters. We have no liability to the Grand Masters if a determination legal or otherwise is made by a federal, state or local agency or authority that the Grand Masters are our employees.
Confidentiality: You acknowledge and agree that we have expended substantial time, money and resources in developing and maintaining our customer base, our intellectual property, and other proprietary information. You acknowledge and agree that you have, will, or may come into possession of technical, proprietary, financial and/or business information relating to Company and/or Company's Members or Customers which is not published or readily available to the public (Confidential Information). During the term of this Agreement or any time after, you will keep confidential and secure and not divulge to any person or use for your own benefit for any purpose any of Company's or Company's Clients' Confidential Information, except with the written consent of Company.
Disintermediation:We expend tremendous resources to provide our platform and services,to connect you with potential Local Masters, and to provide a member base to receive your services from a Local Master. You are prohibited from making side-agreements or engaging in activities that can be deemed competitive to LocalMasters.com with any user outside of our platform.
Once introduced to an applicant on our platform, whether you approve that applicant as a Local Master or not, you are prohibited from entering into any business transactions or agreements with any such applicant outside of our Platform. For instance, if you and a Local Master you select wish to perform a workshop together or some other offer, that offer may only be presented through our Site.
You also agree not to receive direct payments from any of our Members for the services you provide and you will only offer your services to our Members through our platform. Members using our platform do not directly purchase your services from you or any Local Master. Rather, they purchase credits for their account that can be used to receive services from a variety of different service providers. As such, the Member on our Site are our customers, not yours.
Non-Solicitation: If your account is terminated from offering services through our site, whether the termination is requested by you or us, you are prohibited from contacting, directly or indirectly, any Member or customer of our site with the purpose of offering the Member any services you provide or persuading the Member to terminate their relationship with us. You are also prohibited from contacting or soliciting, directly or indirectly, any Local Master or Grand Master on our Site for the purposes of entering into any business relationship. This prohibition not to contact or solicit our users, Members, customers, Grand Masters, or Local Masters will remain in effect for a period of two (2) years after your account is terminated.
Remedies for Violation of this Section: You recognize and agree that any violation of the confidentiality, disintermediation and non-solicitation provisions set forth above, either during the term or after this termination of this Agreement, will cause irreparable harm to Company. In the event that you violate or threaten to violate any of these provisions, at any time during this Agreement or after, Company will have the right to enforce these terms by means of injunctive relief, in addition to money damages and other available legal remedy. You agree to pay Company the cost of pursuing judicial enforcement of this Agreement, including attorney's fees and costs.
Grand Master will defend, indemnify and hold harmless us, our parents, Affiliates, Authorized Users, and each of their respective directors, officers, employees, shareholders and agents and all of their respective successors and permitted assigns (the "Indemnified Parties"), from and against any and all suits, claims, actions, liabilities, losses, damages, costs and expenses (including, but not limited to, interest, penalties, reasonable attorneys' fees and other expenses of litigation) and causes of action of whatsoever kind (collectively referred to as "Claims") which may be incurred by, asserted against, or recoverable from any Indemnified Party arising out of or relating to any finding that the relationship is a franchise or any negligent acts or omissions of Grand Masters or its agents, employees or representatives in the performance or omission of any act or responsibility assumed by Grand Master under this Agreement.
We understand that as a Grand Master, you have expended substantial time and resources developing your own intellectual property encompassed in the services you provide on our Site. Therefore, any content you upload relating to your service offering remains your intellectual property ("Uploaded Content"). Subject to your ownership of the Uploaded Content, we own all rights, titles, and interests in the Content format, design, coordination, arrangement, and/or enhancement as presented through LocalMasters.com