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.
We work with a variety of experts (Grand Masters) to offer Local Masters pre-designed services, tool, materials, and business mentorship so that Local Masters can begin offering services to our Members in their 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 of those services. 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: Grand Masters are solely responsible for selecting, and training you to provide their services.You are responsible for the truth and accuracy of all statements made on your profile and applications to Grand Masters. If it is determined that you falsified information in your application to a Grand Master or misrepresented your qualifications to offer a Grand Master's services, we may terminate your account in our sole discretion. While we provide you with the platform to work with Grand Masters, we are not responsible for any of the training or the quality of the services offered by a Grand Master. We do not conduct background investigations on any Grand Masters and are not responsible for any statements made by aGrand Master, including those statements concerning a Grand Master's identity or the quality of their services. Connecting you with potential Grand Master is not an endorsement of any such Grand Master.
Working with Multiple Grand Masters: You may apply to be a Local Master for multiple Grand Masters, even if those Grand Masters' businesses are competing. You must, however, comply with all intellectual property and confidentiality terms as it relates to the Grand Masters set forth below.
Geographic Area: You have no rights to exclusively offer a Grand Master's services in any geographic area. Whether or not there are other Local Masters offering the same or similar services in your geographic area is in our sole discretion.
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 offered for the services you provide at any given time and in any given geographic area. We will ask for your feedback on desired price, but ultimately, we will decide the price for your services that is offered to our Members and the portion of those services paid to you and Grand Masters. This decision will be based on a variety of factors including but not limited to, geographic area, timing of the offer, and member demand.
Payment: You will be paid a portion of the amount charged for the 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 end 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. 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 Local Master to determine whether any errors caused overpayment of fees to Local Master. If it is determined that Local Master was overpaid, Local Master must refund the amount of the overpayment within five (5) days of receiving notice from Us. Should Local Master fail to refund any overpayment, we will have the right to withhold future payments to Local Master until the overpayment is satisfied.
Payment Errors, Withholding, or 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 you. If a refund is issued, you will not receive payment for those services. Please review our Member refund policy here.
1099 Independent Contractor: Local 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 Local Masters. We have no liability to the Local Masters if a determination legal or otherwise is made by a federal, state or local agency or authority that the Local Masters are our employees or the employees of Grand Masters.
Local Master is expected to meet all appointments scheduled through localmasters.com. Should a Local Master need to cancel or reschedule an appoint, Local Master must notify us no less than 24 hours before the appointment and provide us with available times to reschedule.
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 Grand Masters, equip you with the tools you need to offer a Grand Master's services, and to provide a member base to receive those services. 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 a Grand Master on our platform, whether you are approved as a Local Master, you are prohibited from entering into any business transactions or agreements with any Grand Master outside of our Platform. For instance, if you and a Grand Master 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 Grand 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.
If you accept a bribe or are found guilty of accepting payment from a Member through any mode outside of LocalMasters.com at a price lower, same, or even higher, you will suffer the following:
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 Grand Master or Local Master on our Site for the purposes of entering into any business relationship. This prohibition not to solicit our users, customers, Members, Local Masters, or Grand Masters will remain in effect for a period of two (2) years after your account is terminated. For a period of two (2) years after your account is terminated, you are also prohibited from entering into any business relationship with any Grand Master on our Site.
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.
Local 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, any negligent acts or omissions of Local Masters or its agents, employees or representatives in the performance or omission of any act or responsibility assumed by Local Master under this Agreement.
Grand Masters have expended substantial time and resources developing their own intellectual property so that Local Masters can have access to high quality tools and materials to start their own business. As a Local Master, you will have access to Grand Master's confidential information and intellectual property such as their program designs, services offerings, training, and other business and proprietary information relating to their services. You agree not to disclose the confidential information of Grand Masterto anyone or to make use of the Grand Master's intellectual property outside of our platform. You may be required to enter into additional agreements with Grand Master.
In addition, if you act as a Local Master for more than one Grand Master offering similar services, you may not merge those services in any offering to our Members or disclose the business or propriety information of one Grand Master to another.
Derivative Works: You are prohibited from creating new services of your own that have in any way derived from the tools, material, and training you received from a Grand Master.