INDEPENDENT CONTRACTOR AGREEMENT

This Independent Contractor Agreement is made effective on the date that the contractor click box to accept the terms or sign the printed version. This agreement is made by and between FiMi Hub and its subsidiaries, representatives, affiliates, officers, directors and the Driver/Delivery/Shopper partner, hereinafter referred to as ("Contractor," “you,” or “your”).

IMPORTANT: YOU ACKNOWLEDGE AT THE OUTSET THAT, FOR THE PURPOSES OF CARRYING OUT THIS AGREEMENT, YOU AGREE TO ALL TERMS AND CONDITIONS SET FORTH IN THIS AGREEMENT. PAY ATTENTION TO SECTION 9, WHICH SETS FORTH THAT WITH CERTAIN EXCEPTIONS YOU AND FIMI HUB MUTUALLY AGREE TO ARBITRATE ANY LEGAL DISPUTES OR CLAIMS THAT MIGHT ARISE BETWEEN YOU. SECTION 9 REQUIRES THAT, EXCEPT AS PROHIBITED BY LAW OR UNLESS YOU OPT-OUT OF THE ARBITRATION PROVISION (AS SET FORTH IN SECTION 9.10), THE PARTIES WILL RESOLVE COVERED DISPUTES OR CLAIMS ON AN INDIVIDUAL BASIS IN AN ARBITRATION PROCEEDING.
1. THE FIMI HUB PLATFORM

1.1 You are an independent Contractor providing personal shopping, delivery, ride and errand services. As the FiMi Hub platform is not available to persons under the age of 18, you represent and warrant that you are at least 18 years old and that you have the right, authority, and capacity to enter into and abide by the terms of this Agreement. All independent contractors fall under one of the following categories: Driver partners, Delivery partners and Shopper partners. You are in lawful possession of all equipment, insurance, and licenses necessary to perform the shopping, driving and/or delivery services contemplated by this Agreement in accordance with all applicable laws. You desire to enter into this Agreement for the purpose of using the FiMi Hub Platform to obtain business opportunities to perform personal shopping and delivery services on behalf of consumers.

2. CONTRACTOR’S POLICY
The purpose of this policy is to ensure that all Contractor fully understand and follow FiMi Hub protocols while on the job

2.1 Making a delivery while under the influence of intoxicants and other drugs (which could impair driving ability) is forbidden and is sufficient cause for discipline, up to and including termination of contract.

2.2 Cell phone use while driving should be kept to a minimum. Drivers need to be aware when use of the cell phone is creating a distraction from safe driving and adjust their usage accordingly, including pulling off the road to continue/finish the conversation if needed. While driving, attention to the road and safety should always take precedence over conducting business over the phone.

2.3 No unauthorized personnel are allowed to make deliveries on behalf of, or substitute for any registered FiMi Hub driver. All persons providing a service for FiMi Hub MUST be registered within the system and receive authorization. It is expected that only the person and their registered motor vehicle are allowed to perform the services requested through FiMi Hub.

2.4 All FiMi Hub drivers must adhere to the dress code when delivering to our customers this include wearing of their Fimi Hub Polo Shirts, hats and mask and any other apparel when delivering to our customers

2.5 At no point in time under any given circumstances should any Fimi Hub contractor be disrespectful to customers. Customer satisfaction is our highest priority and we will be very intolerant of any form of behavior or attitude that represents FiMi Hub in a manner that is undesirable to the customer.

2.6 All Delivery Partners must exude flexibility and prioritize in efficiently delivering customers or their goods on time.

3. REQUIREMENTS FOR CONTRACTING WITH FIMI HUB

3.1 All Partners are required to submit the following documents listed below in order to perform the services of FiMi Hub. However, due to delays caused by backlog in processing and brought on by the current pandemic, FiMi Hub will allow individuals who have met our minimum requirements and have been successful in the interview to begin on a probationary basis providing that the following documents have been submitted and are valid (A copy of Photo ID, TRN, valid Drivers License, valid Vehicle Registration, Fitness and Insurance documents, Two recommendation; one of which needs to be from either a pastor or a Justice of the Peace). Contractors will then be given a 60-day grace period to submit the following additional documents to FiMi Hub.

  • A Police record no later than six months
  • A valid background check
  • A valid food handlers permit

3.2 Documents can be uploaded into the “My Account” section of the FiMi Hub Partner mobile application. Failure to submit these documents will result in suspension or termination of the Contractor’s account.

4. SERVICES OF THE CONTRACTOR

4.1 FiMi Hub may notify you of an opportunity to perform personal shopping and/or delivery services through the FiMi Hub Platform on behalf of consumers (a “Delivery Opportunity”). If you accept a Delivery Opportunity, you agree to use the FiMi Hub Platform to retrieve the requested retail items from the store selected by the customer and deliver them in a safe and timely manner in accordance with the delivery window requested by the customer.

4.2 You acknowledge that you, as a prerequisite to performing the Services, in your capacity as an individual will need to consent to background checks, as continued access to the FiMi Hub Platform is contingent upon passing the background checks and otherwise complying with the terms of this Agreement (and any documents incorporated by reference). After receiving access to the FiMi Hub Platform, FiMi Hub may conduct additional background checks on you, in compliance with applicable law, through its background check provider. FiMi Hub will issue you a username and password so that you can access the FiMi Hub Platform to provide the Services. You agree that only you will use the username and password, as you are the sole authorized user.

4.3 You acknowledge that FiMi Hub does not impose any minimum or maximum amount of Services that you are required to provide. Moreover, you are under no obligation to accept any particular Delivery Opportunity that is offered to you. You are free to accept or reject any Delivery Opportunity, in your business judgment and discretion. If, however, you do accept a Delivery Opportunity, then you are contractually obligated to complete it. You further agree to accept liability for any and all damages resulting from your or your Personnel’s failure to complete a Delivery Opportunity in accordance with the terms set forth in this Agreement.

4.4 You agree that there is no minimum or maximum number of Delivery Opportunities that FiMi Hub will make available to you. You further agree that FiMi Hub does not dictate the time of the performance of the Services.

4.5 If FiMi Hub desires to engage you for any purposes other than or in addition to the Services, and if you agree to such an additional engagement, you and FiMi Hub shall agree upon the specific terms and conditions. However, such terms and conditions shall govern that additional engagement only and shall not modify the terms and conditions governing the Services as set forth in this Agreement. Any disputes or claims arising out of or related to the provision of such additional engagement shall be governed by the Arbitration Provision included in this Agreement.

4.6 The Parties acknowledge that the term of this Agreement does not reflect an uninterrupted service arrangement. Each Delivery Opportunity you accept shall be treated as a separate contractual engagement, with no continuing obligation to provide Services. No Services will be performed without the Parties’ mutual agreement.

5. RATES AND PAYMENT

5.1 FiMi Hub agrees to pay drivers a flat rate of no less than 85% of each delivery fee. FiMi Hub reserves the right to change the rates for payment components at any time, and FiMi Hub will provide you with notice of the changes in advance of your accepting a Delivery Opportunity through FiMi Hub’s Customer App. FiMi Hub does not pay earnings by salary or by an hourly rate.

5.2 For a Delivery Opportunity that involves both personal shopping and delivery, you will be provided a payment for each delivery, which takes into account factors such as number and types of items, estimated distance and time, and any applicable incentive. Payment components are shown in the Customer App, and you can review the applicable estimated earnings prior to accepting or rejecting a Delivery Opportunity.

5.3 For a Delivery Opportunity that involves delivery only, you will be provided a payment for each delivery. Payment components are shown in the Customer App, and you can review the applicable estimated earnings prior to accepting or rejecting a Delivery Opportunity.

5.4 As a condition of receiving payment, you agree to provide FiMi Hub with your taxpayer identification number and the requisite authorization for required background checks. You shall be responsible for all costs and expenses incurred or necessary in the performance of the Services, including but not limited to phone, parking, vehicle, insurance, and travel expenses.

5.5 You may request that FiMi Hub make earnings payable in your name or in your capacity as a sole proprietorship, trade, or other corporate or business entity.

6. TERMINATION OF AGREEMENT

6.1 You may terminate this Agreement at any time upon written (including email) notice to FiMi Hub. If your termination of this Agreement results in your failure to complete an accepted Delivery Opportunity in accordance with the terms set forth in this Agreement, you may be subject to liability for any and all damages resulting there from.

6.2 FiMi Hub may immediately terminate this Agreement, upon written (including email) notice to you in the event you engage in a material breach of the terms of this Agreement, including, but not limited to, any act that violates FiMi Hub such as when you:

A. Cause a safety issue;

B. Violate applicable local, state, or federal laws or applicable guidance;

C. Fail to meet acceptable standards of service with respect to the end result of the Services as specified by the customer;

D. Repeatedly fail to deliver on time or repeatedly fail to deliver complete orders;

E. Fail your background checks after signing this Agreement;

F. Invade customer privacy;

G. Engage in or encourage fraudulent conduct;

H. Misuse or otherwise improperly disclose Confidential Information, or reproduce or prepare derivative works based on FiMi Hub’s platform, in violation of Section 8 of this Agreement;

I. Invalidate this Agreement through an improper signature.

6.3 FiMi Hub reserves the right to modify the terms of Full Service Shopper Account Access Guidelines from time to time when FiMi Hub determines, in its reasonable and good faith business judgment, it is necessary to do so to ensure the safe and reliable operation of the FiMi Hub platform. Any such modifications shall be effective upon posting on the FiMi Hub Platform, either through the FiMi Hub website or in the Customer App. Your continued use of the FiMi Hub Platform or performance of Services after any such changes are posted shall constitute your consent to such modifications.

6.4 Notwithstanding anything to the contrary, FiMi Hub may stop providing access to the FiMi Hub Platform, services, or features to you or to users of the FiMi Hub Platform generally when FiMi Hub determines, in its reasonable and good faith business judgment, it is necessary to do so to ensure the safe and reliable operation of the FiMi Hub platform. Additionally, the Parties agree that the contract terminates with no written notice required if either: you do not provide any Services under the Agreement within 45 consecutive days of executing it; or, after you have started to perform Services, you do not provide Services for 75 consecutive days. You understand that upon termination of the Agreement, there is no guarantee of a presentation of a new contract.

7. RELATIONSHIP OF THE PARTIES

7.1 You enter into this Agreement as an independent contractor with a business relationship between you and FiMi Hub. You acknowledge and agree that you operate a business separate and distinct from FiMi Hub, and that both you and FiMi Hub are able to operate your respective businesses without the other. It is understood that in agreeing to provide Services under this Agreement, Contractor shall be acting and shall act at all times as an independent contractor, and not as an employee of FiMi Hub for any purpose whatsoever, including without limitation, for purposes relating to taxes, payments required by statute, or any other withholdings or remittances to any governmental agency or authority. Under no circumstances shall you look to FiMi Hub as your employer, partner, joint venturer, agent, or principal, nor shall this Agreement be construed to establish any such relationship. YOU SHALL NOT BE ENTITLED TO ANY EMPLOYEE BENEFITS ACCORDED TO FIMI HUB’S EMPLOYEES, INCLUDING BUT NOT LIMITED TO, WORKERS’ COMPENSATION, DISABILITY INSURANCE, HEALTH INSURANCE, VACATION, OR SICK PAY. You further acknowledge that this Agreement does not create any employer-employee relationship between a third party retailer and yourself, and that you are not entitled to any benefits, including but not limited to, Workers’ Compensation coverage, afforded to any employees of a third party retailer.

7.2FiMi Hub is interested only in the results to be achieved by you under this Agreement. You shall be solely responsible for determining the manner and method of performing all Services under this Agreement, and achieving the desired results, in a lawful and safe manner.FiMi Hub shall have no right to control, oversee, or supervise you in the performance of the Services under this Agreement. Nor shall FiMi Hub have a right to control, oversee, or supervise any Personnel you engage to assist you in the provision of the Services under this Agreement. You acknowledge that FiMi Hub does not provide or require training as to the performance of the Services under this Agreement.

7.3 ON A CONTINUING BASIS, YOU SHALL BE SOLELY RESPONSIBLE FOR, AND TO THE EXTENT REQUIRED BY LAW:

A. SECURING AND PAYING FOR WORKER'S COMPENSATION INSURANCE;

B. SECURING AND PAYING DISABILITY INSURANCE, HEALTH INSURANCE, AND/OR OTHER SIMILAR INSURANCE;

C. SECURING AND PAYING UNEMPLOYMENT OR OTHER SIMILAR INSURANCE CONTRIBUTIONS;

D. SECURING AND PAYING ALL NECESSARY LIABILITY INSURANCE FOR YOU AND ANY PERSONNEL;

E. SECURING AND PAYING FOR AUTOMOBILE INSURANCE IN COVERAGE AMOUNTS CONSISTENT WITH LEGAL REQUIREMENTS, INCLUDING ANY REQUIRED NO FAULT AUTOMOBILE INSURANCE OR COMMERCIAL LIABILITY INSURANCE; AND

F. WITHHOLDING INCOME AND REPORTING WAGES, OTHER SIMILAR TAXES, OR SOCIAL SECURITY, ON BEHALF OF YOURSELF AND ANY PERSONNEL AS LEVIED AND/OR REQUIRED BY ANY FEDERAL, STATE, LOCAL, OR ANY OTHER GOVERNMENTAL AUTHORITY.

YOU UNDERSTAND THAT FIMI HUB DOES NOT PROVIDE ANY INSURANCE LISTED ABOVE, YOU SHOULD VERIFY WHETHER YOUR AUTOMOBILE INSURANCE COVERS PERFORMANCE OF YOUR SERVICES, NOT ALL INSURANCE POLICIES COVER SUCH SERVICES, AND YOU ARE NOT ENTITLED TO RECEIVE SUCH INSURANCE COVERAGE FROM FIMI HUB. YOU FURTHER UNDERSTAND THAT ITEMS LISTED IN THIS SECTION (FOR EXAMPLE, COMMERCIAL AUTOMOBILE INSURANCE) MAY BE REQUIRED IN YOUR JURISDICTION, AND YOU AGREE THAT IT IS YOUR RESPONSIBILITY TO DETERMINE IF ANY OF THE ABOVE IS REQUIRED. YOU AGREE TO ABIDE WITH ALL APPLICABLE LAWS, STATUTES, AND REGULATIONS AS THEY RELATE TO THIS SECTION.

FiMi Hub shall not be liable for any penalties, levies, fines and/or fees, which may be imposed if such taxes and/or other contributions are not paid by you. You further agree that you shall defend, indemnify, and hold FiMi Hub and its affiliates, and their respective officers, directors, shareholders, employees, agents, successors and permitted assigns thereof harmless for any and all judgments, levies, fines, costs, penalties, assessments or fees associated with such required payments, or with respect to any demand or claim related in any way to any failure to declare, collect, remit, and/or pay on a timely basis all such taxes and related amounts.

7.4 You have no authority to make promises, agreements, or otherwise make commitments on FiMi Hub’s behalf.

7.5 Nothing herein will preclude you from providing services to any other business, including a business directly competing with FiMi Hub. You may represent, perform services for, or be employed by, any third persons or companies as you see fit, provided that such services do not hinder the performance of the Services under this Agreement. It is also an express violation of the terms of this Agreement to sign up for the FiMi Hub Platform for the purpose of providing information about FiMi Hub’s Platform or its operations to any of FiMi Hub’s competitors or for the purpose of providingFiMi Hub’s competitors with a competitive advantage against FiMi Hub in any way.

5.6 FiMi Hub does not guarantee the availability of the FiMi Hub Platform. You understand that the FiMi Hub Platform may be unavailable at any time and for any reason. The FiMi Hub Platform may be subject to delays, and FiMi Hub is not responsible for any delays, damages, or losses resulting from the delays.

8. CONTRACTOR'S REPRESENTATIONS AND INDEMNITIES

8.1 You represent and warrant that:

A. You have the full power and authority to enter into this Agreement and to perform your obligations hereunder;

B. You will comply, and will cause your Personnel to comply, with all applicable laws in your performance of this Agreement, including without limitation all applicable anti- corruption, anti-money laundering, export control, and trade sanctions laws;

C. You and your Personnel have and will maintain at all times the qualifications, licenses, registrations, insurance, and other governmental authorizations necessary to perform the Services;

D. You and your Personnel possess the appropriate skills to perform the Services in a competent, safe, and professional manner, in accordance with industry standards and applicable law; and

8.2 You agree that you shall and do hereby indemnify, defend, and hold harmless FiMi Hub, and FiMi Hub’s officers, directors, shareholders, employees and agents, and its or their successors and assigns, from and against any and all claims, demands, losses, costs, expenses, obligations, liabilities, damages, recoveries, and deficiencies, including interest, penalties, and reasonable legal fees and costs, that any of the foregoing persons or any other persons may incur or suffer and that result from, or are related to: (a) the performance of the Services, including by you or your Personnel; (b) any breach or failure by you or your Personnel to perform or abide by any of the representations, warranties, and agreements set forth in this Agreement or incorporated by reference; (c) your or your Personnel’s violation of any law or the rights of a third party, including a customer, retail partner, or any individual associated with a retail partner, as a result of your own or your Personnel’s interaction with such third party; (d) any allegation that any materials that you or your Personnel use in carrying out the Services infringe or otherwise violate the copyright, trademark, trade secret, or other rights of any third party; (e) your or your Personnel’s ownership, use or operation of a motor vehicle or passenger vehicle, including during your or your Personnel’s provision of Services; and/or (f) any other activities in connection with the Services or the actions of your Personnel. This indemnity shall be applicable without regard to the negligence of any party, including any indemnified person. You agree that FiMi Hub is not responsible for any loss, damage or depreciation that may occur to your or your Personnel’s equipment, including but not limited to you or your Personnel’s vehicle.

8.3 ON A CONTINUING BASIS, YOU SHALL BE RESPONSIBLE FOR:

A. MAINTAINING A VALID DRIVER’S LICENSE AND BEING MEDICALLY FIT TO OPERATE A MOTOR VEHICLE;

B. MAINTAINING ANY OTHER REQUIRED LICENSES, REGISTRATIONS, INSURANCE, AND PERMITS USUAL OR NECESSARY FOR PERFORMING THE SERVICES;

C. OWNING OR HAVING THE LEGAL RIGHT TO OPERATE THE VEHICLE YOU OR YOUR PERSONNEL USE WHEN PROVIDING SUCH SERVICES; and

D. DRIVING SAFELY AND NOT ENGAGING IN UNSAFE BEHAVIOR, INCLUDING BEING UNDER THE INFLUENCE OF ALCOHOL OR DRUGS WHILE DRIVING.

You agree to provide, upon our request, proof of insurance coverage, valid licenses, valid vehicle registration, and your criminal or driving record, provided FiMi Hub can request this information under applicable law.

8.4 You agree that while providing Services using the FiMi Hub Platform, you will maintain the latest version of the Customer App. You agree that by downloading and using the Customer App, you are bound by any future amendments and additions to information referenced in the Customer Appand the ability to continue the use of the Customer App is consideration for and consent to such changes.

8.5 You agree that you will perform the Services in a competent, safe, and professional manner, in accordance with industry standards, recognizing that the Services are personal to the customer, in order to maximize customer satisfaction and to achieve the results represented to the customer. You understand that the Services you provide to the customer create a direct business relationship between you and the customer. You also agree that repeated cancellation of your commitments to provide the Services results in abuse of the FiMi Hub Platform and constitutes a material breach of this Agreement that may result in termination of the Agreement. You agree to comply with any laws and regulations applicable to the performance of the Services. You further recognize and agree that customer satisfaction in the Services provided to the customer are measured, and repeated customer complaints or feedback is a reason to terminate the Agreement under Section 5, above.

8.6 You agree that the use of customer information (including but not limited to the identity, address, and contact information of customers) is governed by FiMi Hub’s privacy policy. You agree that you will not use customer information in any manner that is inconsistent with the Privacy Policy, and that failure to abide by provision constitutes a material breach of this agreement. In particular, you agree that you will not use the Customer App to communicate with a customer except to the extent necessary to shop for and/or deliver the customer’s order, choose customer items at a retailer site, deliver those items, and/or provide updates on the status of a customer order. Further, while you are free to provide your Services through other platforms, you may not solicit customers you connected with or gained information about through the FiMi Hub Platform for your own delivery or grocery shopping service, or disclose customer information to any other person or entity. Moreover, you recognize and agree that customer information is Confidential Information governed by Section 8 of this agreement.

8.7 You agree to accept communications from FiMi Hub via the Customer App, SMS, text message, email, and/or by telephone. You consent to have FiMi Hub call or text message you on any day (inclusive of weekends and holidays) and at any time at the phone number(s) you have directly or indirectly provided to FiMi Hub, and to the use of an auto dialer or a prerecorded or artificial voice to deliver a message, in connection with your use of the FiMi Hub Platform, or for any other purposes including but not limited to telemarketing purposes. In addition, you consent to have FiMi Hub call or text message you through the Customer App on the wireless telephone that you have elected to use to download and host the Customer App, and to the use of an auto dialer or a prerecorded or artificial voice to deliver a message for any purposes, including but not limited to telemarketing purposes. This consent is not required to be provided as a condition of purchasing any property, goods, or services. This consent is part of the bargained for exchange in this contract and may not be revoked while this Agreement is in effect. You agree that telephone calls between you and FiMi Hub or its agents or partners may be recorded and that you hereby consent to any such recording. You agree not to use FiMi Hub customer contact information for any purpose other than provision of the Services

8.8 You agree that, if you accept a Delivery Opportunity that includes an alcohol purchase, you are solely responsible for ensuring compliance with all federal, state, and local laws and guidance, including but not limited to ensuring that the individual accepting the order has a valid identification, is 21 years of age or older, and is not visibly intoxicated.

8.9 You agree that, if you accept a Delivery Opportunity that includes an item that needs to maintain either a hot or cold temperature, you will ensure compliance with all federal, state, and local laws and guidance and deliver the item in a manner that ensures the health and safety of the customer. You further agree that you will lawfully acquire any equipment, including but not limited to insulated bags, needed to perform the Services.

9. NONDISCLOSURE OF CONFIDENTIAL INFORMATION

9.1 During the course of your relationship with FiMi Hub you may have access to and/or become acquainted with confidential, proprietary, and/or trade secret information of FiMi Hub and/or its customers (collectively, “Confidential Information”), which is valuable to FiMi Hub. Confidential Information includes any and all information relating in any manner to the business, including but not limited to aspects of its technology platform, which includes the Customer App. Confidential Information further includes any and all information relating in any manner to the business of FiMi Hub’s clients, as applicable, and its and their consultants, customers, clients, and business associates, which is not known generally to the public. Confidential Information also includes, but is not limited to, FiMi Hub’s business practices or operations, trade secrets, client or vendor lists, client information, customer lists, and customer information (including but not limited to the identity, address, and contact information of customers), contracts, agreements, accounting or financial information, pricing information, business plans and data, formulae, technical know-how, processes, methods, techniques, procedures, software, databases, marketing strategies and data, pending projects and proposals, programs, designs, drawings, diagrams, test data, research and other such information of a confidential nature regardless of whether furnished before or after the date of execution of this Agreement, whether oral or written, and regardless of the form of communication or the manner in which it is furnished and all analyses, compilations, data, studies, notes, interpretations, memoranda, extracts, or other documents prepared by FiMi Hub containing or based in whole or in part on any such furnished information. You specifically agree that all Confidential Information shall be treated as confidential without regard to whether any specific item of information or material has been labeled "Confidential," "Secret," or "Trade Secret," or any similar designation. Confidential Information does not include, however, information that you can show by documentary evidence: (i) is or has become generally available to the public through no wrongful act of your own; or (ii) has been independently acquired or developed by you without violating any of your obligations under any agreement with FiMi Hub, any agreement with a third party, or applicable law.

9.2 You: (i) will hold and maintain all Confidential Information in the strictest confidence; (ii) agree not to copy, reproduce, or create derivative works relating in any way to FiMi Hub technology platform, including its Customer App; (iii) except as reasonably necessary to perform the Services or as authorized in writing by FiMi Hub, will not at any time, whether during or subsequent to the term of this Agreement, in any fashion, form or manner, either directly or indirectly, use, divulge, disclose, or communicate any Confidential Information to any person, firm, corporation, or entity in any manner whatsoever; and (iv) shall require, and ensure that its directors, officers, employees, agents, and permitted subcontractors who may receive Confidential Information maintain the same in strict confidence and not use or disclose the information except as permitted under this Agreement. You further agree specifically that you will keep secret from any person or entity all Confidential Information learned, transmitted, or otherwise obtained by you, including but not limited to Confidential Information about FiMi Hub and its operations. You acknowledge that further customer- specific compliance requirements may be applicable and enforceable against you. Except for the purpose of providing the Services, at no time will you turn over your username for or password to the Customer App to any third party.

9.3 If you are required by applicable law or regulation or by legal process to disclose any Confidential Information, you will immediately notify FiMi Hub in writing prior to making any such disclosure and assist FiMi Hub in seeking a protective order or other appropriate remedy. You further agree that if FiMi Hub is not successful in precluding the requesting legal body from reviewing the Confidential Information, you will furnish only that portion of the Confidential Information that is legally required and will exercise your best efforts to obtain reliable assurances that confidential treatment will be accorded the Confidential Information.

9.4 The restrictions placed upon you in this Section will survive the termination of this Agreement and continue in perpetuity. You agree that any breach of any term of this Section is a material breach of this Agreement.

10. MUTUAL AGREEMENT TO ARBITRATE DISPUTES (“ARBITRATION PROVISION”)

10.1 Intent to Arbitrate. You and FiMi Hub agree to first attempt to resolve any disputes or claims amicably by providing 30 days written notice prior to filing any such dispute or claim. If the dispute or claim is not resolved amicably, and except as otherwise provided in this Arbitration Provision, you and FiMi Hub agree that to the fullest extent permitted by law, ANY AND ALL DISPUTES OR CLAIMS BETWEEN YOU AND FIMI HUB shall be exclusively resolved by final and binding arbitration by a neutral arbitrator, including without limitation any and all disputes or claims BETWEEN YOU AND FIMI HUB, whether in contract, tort, or otherwise, relating to the formation (including unconscionability and invalidity), existence, breach, termination, interpretation, enforcement, validity, scope, and applicability of the Agreement, or the Services agreed to herein, or any claim on any basis under federal, state, or local law, which could otherwise be heard before any court of competent jurisdiction. By signing this Agreement, and unless otherwise stated in this Arbitration Provision, you and FiMi Hub hereby waive their right to have any covered dispute, claim, or controversy decided by a judge or jury in a court. You and FiMi Hub also understand and agree that FiMi Hub’s business and your Services involve commerce under the Federal Arbitration Act. Any disputes or claims in this regard shall be resolved exclusively by an arbitrator.

You and FiMi Hub anticipate that by entering into this Arbitration Provision, they will gain the benefits of a speedy and less expensive dispute resolution procedure. This Arbitration Provision shall encompass all disputes and claims that FiMi Hub may have against you, or that you may have against FiMi Hub and/or any of its officers, directors, employees, owners, agents, representatives, benefit plans, sponsors, fiduciaries, parents, subsidiaries, or affiliated entities (each of which may enforce this Arbitration Provision as a third party beneficiary) arising out of or relating to this Agreement, your classification as an independent contractor, or the Services performed by you. you and FiMi Hub agree that the third party retailers at or in whose premises the Services under this Agreement may be performed, as well as any consumer reporting agency responsible for providing background check services of you, are intended third party beneficiaries of this Arbitration Provision. For additional clarity, by signing this Agreement, you and FiMi Hub hereby expressly waive, to the extent permitted by applicable law, their right to have any dispute or claim resolved by a court unless specifically set out herein.

10.2 Covered Claims. Except as otherwise provided in this Arbitration Provision, the disputes and claims covered by this Arbitration Provision include any and all disputes and claims BETWEEN YOU AND FIMI HUB arising out of or relating to this Agreement, your classification as an independent contractor, or the Services performed under this Agreement, which could otherwise be heard before a court of competent jurisdiction (a “Claim”), including but not limited to disputes or claims related to allegations of wrongful termination; breach of any contract or covenant, express or implied; breach of any duty owed to you by FiMi Hub or to FiMi Hub by you; personal, physical or emotional injury (excluding benefit claims covered under the Workers’ Compensation Act); fraud, misrepresentation, defamation, and any other tort claims; wages or other compensation due; penalties; benefits; reimbursement of expenses; discrimination or harassment, including but not limited to discrimination or harassment based on race, sex, color, pregnancy, religion, national origin, ancestry, age, marital status, physical disability, mental disability, medical condition, or sexual orientation; retaliation; violation of any local. This includes all claims that arose before the signing of this or any prior Agreement and any claims that may arise after the signing or termination of this Agreement

A Claim under this Section also includes all claims or disputes between you and any third party retailer arising out of or related to the Services performed under this Agreement that may be brought against third party retailer at or in whose premises the Services under this Agreement may be performed. A Claim also includes all claims or disputes between you and a third party concerning the provision of any background check of you by a consumer reporting agency. Any disputes or claims in this regard shall be resolved exclusively by an arbitrator.

A Claim arising under any law that requires resort to an administrative agency shall be brought before such agency as required by law, and that after exhaustion of administrative remedies, the Claim must be pursued through this binding arbitration procedure to the fullest extent permitted by law.

10.3 Waiver of Class Action Claims. By signing this Agreement, FiMi Hub and you agree that each may bring and pursue claims against the other only in their individual capacities, and may not bring, pursue or act as a plaintiff, class representative, or class member in any purported class or collective proceeding or action.

10.4 Claims Not Covered. This Arbitration Provision does not apply to litigation between you (as a party or class member) and FiMi Hub pending in a state or federal court or arbitration as of the date of your receipt of this Agreement. Claims not covered by this Agreement are claims for workers’ compensation benefits, unemployment compensation benefits, or any other claims that as a matter of controlling law cannot be arbitrated. Nothing in this Agreement prohibits you from exercising rights protected under the National Labor Relations Act or from making a report to or filing a claim or charge with the Equal Employment Opportunity Commission, U.S. Department of Labor, Securities and Exchange Commission, National Labor Relations Board, or Office of Federal Contract Compliance Programs. Nothing in this Agreement prevents the investigation by a government agency of any report, claim or charge otherwise covered by this Arbitration Provision. Disputes or claims between FiMi Hub and any third party beneficiaries are not covered by the terms of this Arbitration Provision.

10.5(a) Opt-Out for Arbitration Provision. You have 30 calendar days from the date you sign this Agreement to opt-out of the Arbitration Provision. However, opting-out of this Arbitration Provision does not affect any other part of this Agreement. If you opt- out of the Arbitration Provision, then neither you nor FiMi Hub will be bound by the terms of this Arbitration Provision. Should you not opt-out in accordance with this Section within the 30 day period, then this Arbitration Provision will become fully effective and binding as of the date the Agreement is executed by you. If you agreed to a previous arbitration agreement with FiMi Huband opt out of this Arbitration Provision, you remain bound by that prior arbitration agreement and must arbitrate any and all claims or disputes covered by that prior arbitration agreement, regardless of whether those claims or disputes arise after the date you execute this Agreement.

11. SUCCESSORS AND ASSIGNS

This Agreement is intended to bind and inure to the benefit of and be enforceable by FiMi Hub, you, and our respective heirs, successors and assigns, except that you may not assign your rights or delegate your duties or obligations hereunder (including, without limitation, pursuant to any subcontract) without the prior written consent of FiMi Hub, This should not be construed as precluding you from hiring individuals to assist in the provision of Services.

12. MODIFICATION AND WAIVER

12.1 The Agreement can only be revoked or modified in writing signed by both Parties that specifically states an intent to revoke or modify this Agreement. This Agreement shall constitute the entire agreement and understanding between the Parties with respect to the subject matter of this Agreement and, unless as permitted herein, shall not be modified, altered, changed, or amended in any respect, unless in writing and signed by both Parties. Before accepting any modifications, alterations, changes, or amendments, you shall have the right to discuss any proposed changes with FiMi Huband consider whether to continue your contractual relationship with FiMi Hub. Unless otherwise stated in this Agreement, THIS AGREEMENT SUPERSEDES ALL PRIOR AGREEMENTS. IF YOU DO NOT AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT, YOU MAY NOT USE OR ACCESS THE FIMI HUB PLATFORM. No waiver by any Party to this Agreement of any provision hereof shall be deemed to be a waiver of any other provision of this Agreement, or of any subsequent breach of such provision, or a waiver of any other provision of this Agreement by any other.

12.2 FiMi Hub also reserves the right to modify any information referenced in the hyperlinks included in this Agreement from time to time in its reasonable and good faith business judgment. Any such modifications shall become effective upon posting. Continued use of theFiMi HubPlatform or performance of Services after any such changes are posted shall constitute your consent to such changes. Unless material changes are made to the Arbitration Provision herein, you agree that modification of this Agreement and/or the hyperlinks included in this Agreement does not create a renewed opportunity to opt-out of arbitration (if applicable)

13. VOLUNTARY

By executing this Agreement, the Parties represent that they have been given the opportunity to fully review, comprehend, and negotiate the terms of this Agreement. The Parties understand the terms of this Agreement and freely and voluntarily sign this Agreement. If you have any questions about this Agreement, you may wish to consult an attorney and are free to do so.

14. ENTIRE AGREEMENT

Except to the extent that you opt-out of the Arbitration Provision in this Agreement and are bound by previous and/or other arbitration agreement(s) with FiMi Hub, this Agreement supersedes any and all other agreements between you and FiMi Hub whether oral or in writing, and contains all of the covenants and agreements between you and FiMi Hub with respect to your Services. You and FiMi Hub each acknowledge that no representations, inducements, promises, or agreements, originally or otherwise, have been made to either Party to the other, or by anyone acting on behalf of either Party, which are not embodied herein.

15. EFFECTIVE DATE

The Effective Date of this Agreement is the date upon which you sign.

cross

Save delivery address

cross

Filters

Sort by
Filter By