This website and His Workmanship Labor (“His Workmanship”) services are offered to you, conditioned on your acceptance without modification, of the following terms, conditions, and notices contained in this agreement (the “Terms and Conditions”). Your use of this website or submission of Student Application’s via website and/or e-mail constitutes your agreement to all such terms, conditions, and notices in effect at such time. If you have any questions regarding these Terms and Conditions, you may contact us at www.hisworkmanshiplabor.com. We may amend these Terms and Conditions at any time by posting a revised version of these Terms and Conditions on the His Workmanship Website. These Terms & Conditions were last updated on February 23rd 2018.
1) STUDENT APPLICATION- In order to use His Workmanship’s services, you must complete a Student Application form on the His Workmanship’s website (“Student Application”). His Workmanship may accept or deny your Student Application in its sole discretion based upon the number of Student Application’s outstanding, demand for workers, your job experience and past performance. By submitting a Student Application and/or using His Workmanship’s services, you represent and warrant that: (a) all information you submit is truthful and accurate; (b) you will maintain the accuracy of such information; (c) you are of sufficient legal age in your jurisdiction to create binding legal obligations; and (d) your use of His Workmanship’s services will not violate any applicable law or regulation or the Terms and Conditions.
2) HIS WORKMANSHIP SERVICES. At His Workmanship we are committed to making your total experience a positive one. Upon review of your Student Application, His Workmanship will determine in its sole discretion whether you will become part of our network of college student service providers (“Laborers”) based upon the number of Work Orders outstanding, number of Student Applications from other Laborers, demand for Laborers, your job experience and past performance. If you have been accepted into our network, we will contact you in the event we receive a service request (“Work Order”) from one of our customers (“Customer”).
You may be invited by His Workmanship in its sole discretion to become a Crew Leader of a Work Order. As Crew Leader, it is your responsibility to choose other Laborers who are approved members of our network to assist you with certain eligible Work Orders. You may not discriminate based on race, color, religion, sex, national origin, age, disability or genetic information when making assignments. It is your responsibility to oversee the performance of the Work Order and payment of the Laborers in fulfillment of the Work Order. As Crew Leader, you are also responsible for any damages you or the Laborers cause in the performance of a Work Order. You are prohibited from staffing anyone who is not a His Workmanship Laborer to perform services under a Work Order.
We do not guarantee that we will be able to match your work needs with a job or Work Order in your area. We make no guarantees or representations regarding the services requested or suitability or safety of job site or the quality of the job. We do not guarantee or warrant the Work Order, job description or job site. The Customers and Crew Leaders are not employees or agents of His Workmanship, nor is His Workmanship an agent of the Customers or Crew Leaders. His Workmanship does not perform, and is not responsible for, any of the services requested by Customers in the Work Order. HIS WORKMANSHIP IS NOT RESPONSIBLE FOR ANY DAMAGES TO THE JOB SITE, PERSONAL INJURY OR PROPERTY DAMAGE TO YOU OR CUSTOMER. Should you have a dispute with any Customer, you must address such dispute with the Customer directly. Should you have a dispute with any Laborer or Crew Leader, you must address such dispute with such Laborer or Crew Leader directly. YOU HEREBY AGREE TO RELEASE HIS WORKMANSHIP FROM ANY AND ALL DAMAGES OR CLAIMS (INCLUDING CONSEQUENTIAL AND INCIDENTAL DAMAGES) OF EVERY KIND OR NATURE, SUSPECTED AND UNSUSPECTED, KNOWN AND UNKNOWN, AND DISCLOSED OR UNDISCLOSED, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH DISPUTES AND YOUR DEALINGS WITH CUSTOMERS, CREW LEADERS OR LABORERS.
3) INFORMATION YOU PROVIDE TO US. Upon using His Workmanship’s services, you will be prompted to disclose certain information about yourself and the services you are willing to provide. Some of this information will be sent to Customers or Crew Leaders who will need this information to respond to you or to other persons or entities in connection with our business. Your information may also be accessed through our website, task assignment system, and/or other message or communication facilities. By providing this information to us, or by submitting a Student Application, you are requesting, and you expressly consent to being contacted by us and by our Customers and Crew Leaders via phone, text message, e-mail, mail or other reasonable means, at any of your contact numbers or addresses, even if you are listed on any federal, state, provincial or other applicable “Do Not Call” list, in order that we may provide the services set forth on our site, to service you, to reasonably address matters pertaining to your Student Application or for other purposes reasonably related to your Student Application and our business, including marketing related emails. You agree that by completing a Student Application, you are entering into a business relationship with His Workmanship and thus agree to be contacted by His Workmanship and/or any Customers or Crew Leaders. You promise that all information you provide will be accurate, current and truthful. If you provide any information that is untrue, not current or incomplete, or His Workmanship has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, His Workmanship has the right to refuse any current or future use of the His Workmanship’s services by you.
4) YOUR USE OF HIS WORKMANSHIP’S SERVICES. You acknowledge and agree that your use of the His Workmanship’s services is for your personal use. You may not use the His Workmanship website or services to recreate or compete with the His Workmanship services, to solicit or harass Customers, or for any other purpose not contemplated herein.
We reserve the right in our sole discretion to revoke your access to the His Workmanship website and services at any time or to refuse you as a Laborer or Crew Leader in our network. All information about Customers, other Laborers or Crew Leaders is confidential and for your personal use only. If it is determined or suspected by His Workmanship in its sole discretion that you are misusing or attempting to misuse or circumvent the His Workmanship services or system, or are using or attempting to use them for any inappropriate or non-personal purposes, including but not limited to activities such as hacking, infiltrating, fraud, advertising, jamming or spamming, His Workmanship reserves the right, in its sole discretion, to immediately terminate your access without notice and to initiate without notice appropriate legal actions or proceedings to seek appropriate remedies and/or damages, including but not limited to lost revenue, repairs, legal fees, costs and expenses, and to seek injunctions or other equitable remedies.
5) TERMS AND TERMINATION. This Agreement shall remain in full force and effect for any period of time from which you submit a Student Application until you are no longer in His Workmanship’s network of Laborers. You may request to be removed from His Workmanship’s network of Laborers at any time and for any reason by providing notice of termination to His Workmanship through any of the following means: by issuing an email to the owner, or by sending written notice by registered or certified mail.
Notice will be deemed given five (5) days after such notice is transmitted. His Workmanship may decide not to include you in its network of Laborers or Crew Leaders in its sole discretion without notice. His Workmanship may also remove you from its network of Laborers or Crew Leaders and/or stop providing services to you if (a) His Workmanship, in its sole discretion, believes that you are in breach of this Agreement; (b) His Workmanship decides, in it sole discretion, to stop providing services; or (c) for any or no reason by giving you notice by sending an e-mail to you at the e-mail address that you have provided in your Student Application. If you request removal from the His Workmanship Laborer network, His Workmanship has no obligation to refund you any fees. His Workmanship will have no liability whatsoever to you for any removal from its network of Laborers or the His Workmanship services. His Workmanship may modify, suspend or discontinue its services at any time, for any reason, in its sole discretion. Any provision that by its nature is intended to survive the termination of this Agreement shall survive any termination, including, but not limited to, Sections 10, 12 and 16.
6) WORK ORDERS. We do not guarantee that information contained in a Work Order is accurate, including, but not limited to, nature of job requested or information about the job site. His Workmanship does not confirm the safety of any job site.
7) WEBSITE CONTENT. The documents and other information and content available on our website (the “Website Content”) are protected by copyright laws throughout the world and you acknowledge that all Website Content is owned by His Workmanship. His Workmanship hereby authorizes you to download, view, copy and print documents and graphics in the Website Content subject to the following: (a) the Website Content may be used solely for personal and informational purposes; and (b) the Website Content may not be modified or altered in any way. No other use of the information is authorized. In consideration of this authorization, you agree that any copy of these materials which you make shall retain all copyright and other proprietary notices in the same form and manner as on the original. You may not otherwise use, download, upload, copy, print, display, perform, reproduce, publish, license, post, transmit, modify, adapt, or distribute any Website Content in whole or in part without the express authorization of His Workmanship. Except as specified above, nothing contained herein shall be construed as conferring by implication, estoppel, or otherwise any license or right under any patent, trademark or copyright of His Workmanship or any third party.
8) ROLE OF HIS WORKMANSHIP. You agree and acknowledge that (a) His Workmanship is not a party to any agreement between you and the Customer (“Help Agreement”) and that any Help Agreement is solely between you and such Customer, (b) His Workmanship is not responsible or liable to you or any other person or entity in connection with any Work Order or Help Agreement and any loss or damage to any physical or personal property or personal injury, and (c) His Workmanship has no obligations to enforce any Help Agreement or to provide any information to you in connection with a Help Agreement. His Workmanship is not responsible for the exchange of information, services, or goods between Customers and Laborers.
9) INDEMNIFICATION. YOU AGREE TO INDEMNIFY HIS WORKMANSHIP, AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, CO-BRANDERS, AND OTHER PARTNERS AND HOLD THEM EACH HARMLESS FROM ANY AND ALL CLAIMS OR DEMANDS, INCLUDING ATTORNEY’S FEES, MADE BY ANY THIRD PARTY DUE TO OR ARISING FROM YOUR USE OF THE HIS WORKMANSHIP SERVICES, YOUR PERFORMANCE (OR LACK OF PERFORMANCE) OR DAMAGES YOU CAUSE IN CONNECTION WITH A WORK ORDER; YOUR REPRESENTATION OF WORK REQUESTED OR JOB QUALIFICATIONS, IN CONNECTION WITH THE HIS WORKMANSHIP WEBSITE, YOUR VIOLATION OF THESE TERMS AND CONDITIONS, ARISING FROM YOUR VIOLATION OF ANY RIGHTS OF A THIRD PARTY OR IN CONNECTION WITH YOUR PERFORMANCE OF A WORK ORDER.
10) INVOICES AND TAXES. His Workmanship shall have no obligation to issue any formal invoices, remitting, or withholding any taxes applicable to you, or determine if any of the foregoing is necessary. You shall also be responsible to determine whether His Workmanship is required to withhold any amount of the fees under applicable law, inform His Workmanship accordingly, and for indemnifying His Workmanship for any claims in connection with the foregoing. His Workmanship has the right, but no obligation, to audit and monitor your compliance with the foregoing obligations and any applicable tax laws and regulations.
11) NON-SOLICITATION. For the term of this Agreement and one year after such term, you will not directly or indirectly solicit a Customer for work. In the event of a breach of this Section, each party agrees the remedy for such breach will be a payment to from you to His Workmanship of an amount equal to fifty percent (50%) of the total first-year compensation paid to you by the Customer. The parties agree that the above amount is a fair and reasonable approximation of the damages caused by a breach of this Section of the Agreement and is not a penalty.
12) FEE DISPUTES. If you dispute the amount or timeliness of a fee from Customer, His Workmanship will have no obligation to become involved in such dispute, but either party of the dispute may contact His Workmanship and His Workmanship will in its sole discretion use reasonable efforts to help the parties to settle their dispute.
13) THIRD PARTY WEBSITES. The His Workmanship website might contain links to third-party websites (each, a “Third-Party Website”). You use all such links to Third- Party Websites at your own risk. We do not monitor or have any control over, and make no claim or representation regarding Third-Party Websites. To the extent such links are provided by us, they are provided only as a convenience, and such link to a Third-Party Website does not imply our endorsement, adoption or sponsorship of, or affiliation with, such Third-Party Website. We accept no responsibility for reviewing changes or updates to, or the quality, content, policies, nature or reliability of Third-Party Websites, or websites linking to the Website. When you leave the Website, our terms and policies no longer govern. You should review applicable terms and policies, including privacy and data gathering practices, of any Third-Party Website, and should make whatever investigation you feel necessary or appropriate before proceeding with any transaction with any third party. The Website may include hyperlinks to websites not controlled by His Workmanship, and access to content, products and services from third parties. His Workmanship is not responsible for the availability of, and any content on those websites to which it provides links. His Workmanship provides these links merely as a convenience and the inclusion of such links does not imply an endorsement. You agree that His Workmanship is not responsible for third party content accessible through the Website, including opinions, advice, statements and advertisements, and understand that you bear all risks associated with the use of such content and that His Workmanship is not responsible for any loss or damage of any sort you may incur from dealing with any such third party.
14) RELATIONSHIP. No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by these Terms and Conditions. The Crew Leader is an independent contractor of His Workmanship, and this Agreement shall not be construed to create any association, partnership, joint venture, employee or agency relationship between the Crew Leader and His Workmanship for any purpose. The Crew Leader shall have no authority (and shall not hold himself out as having authority) to bind His Workmanship, and the Crew Leader shall not make any agreements or representations on the His Workmanship’s behalf without His Workmanship’s prior written consent. (b) Without limiting Section 5(a), the Crew Leader will not be eligible to participate in any vacation, group medical or life insurance, disability, profit sharing or retirement benefits or any other fringe benefits or benefit plans offered by His Workmanship to its employees, and His Workmanship will not be responsible for withholding or paying any income, payroll, Social Security or other federal, state or local taxes, making any insurance contributions, including unemployment or disability, or obtaining worker’s compensation insurance on the Crew Leaders behalf. The Crew Leader shall be responsible for, and shall indemnify His Workmanship against, all such taxes or contributions, including penalties and interest.
15) GENERAL PROVISIONS. You acknowledge and agree that the His Workmanship services are provided to you on an “AS IS” basis without any warranty whatsoever, and your sole and exclusive remedy, and His Workmanship’s sole obligation to you or any third party for any claim arising out of your use of the His Workmanship services or the His Workmanship website, is that you are free to discontinue your use of the His Workmanship services or the His Workmanship website at any time.
EXCEPT AS EXPRESSLY SET FORTH HEREIN, HIS WORKMANSHIP EXPRESSLY DISCLAIMS ANY IMPLIED WARRANTIES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND YOU AGREE THAT HIS WORKMANSHIP SHALL HAVE NO LIABILITY FOR DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL (INCLUDING LOST PROFIT), EXEMPLARY OR PUNITIVE DAMAGES (EVEN IF HIS WORKMANSHIP HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) ARISING OUT OF THIS AGREEMENT OR ANY CONSEQUENCES WHICH FLOW FROM IT. SOME STATES AND PROVINCES DO NOT ALLOW LIMITATIONS ON OR EXCLUSION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES. IN SUCH STATES AND PROVINCES, THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
The Terms and Conditions will inure to the benefit of His Workmanship’s successors, assigns and licensees. If any provision of these Terms and Conditions shall be deemed unlawful, void or unenforceable, for any reason, by any court of competent jurisdiction that provision shall be modified in order to make it enforceable, while maintaining the spirit of the provision. Alternatively, if modification is not possible, such provision shall be stricken and shall not affect the validity and enforceability of the remaining terms. The failure of His Workmanship to exercise or enforce any right or provision of the Terms and Conditions shall not constitute a waiver of such right or provision. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the His Workmanship services or the Terms and Conditions must be filed within one (1) year after such claim or cause of action arose or be forever barred. The section titles in the Terms and Conditions are for convenience only and have no legal or contractual effect. These Terms and Conditions are governed by the laws of the State of Minnesota as such laws are applied to agreements entered into and to be performed entirely in the State of Minnesota and between Minnesota residents. You agree to submit to jurisdiction in Minnesota and that any claim arising out of or related to these Terms and Conditions will be brought solely in a court in Minneapolis, Minnesota.