The terms and conditions stated herein (the “Agreement”) constitute a legal agreement between you (the “User”) and Laborjack LLC along with its affiliates, successors, or assigns (“Laborjack”).
To access and utilize the labor and/or transportation services (the “Services”) offered through www.laborjack.com or any related website (the “Website”) developed, owned, controlled, managed, maintained, hosted, licensed and/or designed by Laborjack, User must agree to the terms and conditions set forth herein. By requesting and/or receiving any Services, User hereby expressly acknowledges and agrees to be bound by this Agreement, and any future amendments and additions to this Agreement as published from time to time.
User acknowledges and agrees that when Laborjack arranges for a third party to perform only labor services with respect to a particular job request, Laborjack is acting in its capacity as a broker for labor service providers.
User acknowledges that Laborjack only serves as a broker for providing moving assistance. User agrees to provide, at its own cost, all trucks and transportation of items, unless specifically agreed to through the Laborjack booking process prior to any Services being rendered. No worker provided by Laborjack will transport any items in their personal vehicles. Laborjack subcontractors' (the “Laborjacks”) personal vehicles are only to provide transportation to themselves and other contractors.
Laborjack and its Laborjacks do not provide services in which any portion of the requested scope of work is required to hold a government license.
Laborjack and/or its Laborjacks reserve the right to refuse any Services or portion of the Services which are outside of their scope of expertise in their sole and absolute discretion. User must supply any trucks, tools, machines, or equipment necessary for the required tasks, unless previously agreed to prior to any Services being rendered. However, Laborjack and/or its Laborjacks may refuse to work with any provided equipment which they deem uncomfortable, unfamiliar, or unsafe in their sole and absolute discretion.
In booking Services with Laborjack, User acknowledges and agrees that Laborjack and/or its Laborjacks have the right to refuse service for any reason in their sole and absolute discretion. The circumstances warranting a refusal of service include but are not limited to the following:
Any moving and/or transporting of material that is regulated by federal or state law or regulation relating to the environment or hazardous materials (i.e., drugs or drug paraphernalia, stolen items, illegal items, etc.)
Any job that is in an environment or structure that does not meet cleanliness standards and/or poses a potential health risk (i.e., unfinished attics, hoarding scenarios, animal waste, flooded or recently flooded locations, etc.) or personal property that does not meet cleanliness standards and/or poses a potential health risk.
Any common dangerous items, including but not limited to weapons/firearms, gun safes, ammunition, explosives, flammable liquids (i.e., propane/gasoline or fuel tanks, paint), etc. User agrees to empty all gas-powered equipment or motorized vehicles prior to the items being moved and/or transported.
Any common oversized or extremely heavy items, including but not limited to musical equipment (pianos, organs, etc.), pool tables, hot tubs, ceramic grills, full-size copiers, fireproof cabinets/safes, grandfather clocks, workbenches, exercise equipment, etc. User acknowledges that weight limitations shall equal a maximum of 300 pounds per item (3 Laborjacks at a maximum of 100 pounds each).
Any property that is considered prohibited, by the standards outlined in this Agreement. If the User still wishes for Laborjack to move the property that is not prohibited, Laborjack may decide to move only the User’s property that is not prohibited in its sole and discretion.
Any job environment which Laborjack determines is either too dangerous, hazardous, or unsanitary to render Services safely.
Any inclement weather, including but not limited to rain, snow, sleet, high winds. In cases of inclement weather, Laborjack reserves the right to either perform the Services with a signed waiver of liability for damage due to weather, cancel the Services, and/or reschedule the Services to the next available time.
PLEASE BE AWARE THAT NO MATTER THE TOTAL VALUE OF USER’S JOB, ANY INDIVIDUAL ITEM(S) CONTAINED IN SUCH JOB, OR THE NUMBER OF ITEMS CONTAINED IN SUCH JOB, LABORJACK'S MAXIMUM LIABILITY TO THE USER FOR DAMAGE IS $1,000. USER ACKNOWLEDGES AND AGREES THAT IN NO EVENT WILL LABORJACK’S LIABILITY TO IT FOR ANY DAMAGE, LOSS, SHORTAGE, OR INJURY TO PERSONAL PROPERTY OR OTHER ITEMS EXCEED $1,000 FOR ANY ONE JOB. IN ADDITION, USER FURTHER AGREES THAT THE LIABILITY LIMITATIONS AND VALUATIONS IN THIS SECTION ESTABLISH LABORJACK’S MAXIMUM LIABILITY EVEN IF THE DAMAGE, LOSS, SHORTAGE, OR INJURY TO USER’S PERSONAL PROPERTY OR OTHER ITEMS ARISE FROM OR ARE CONNECTED TO LABORJACK’S OWN NEGLIGENCE (OR THE NEGLIGENCE OF ITS LABORJACKS AND AFFILIATES)
Laborjack will not pay any damages for minor dents or small nicks or scratches to User’s property resulting from the Services. User expressly acknowledges and agrees that minor dents or small nicks or scratches are typical of any move and/or job and cannot be prevented. Minor damages include but are not limited to scrapes and scratches to drywall, textured drywall, interior paint, exterior paint, door jams, and other similar areas as determined in Laborjack’s sole and absolute discretion.
Should an incident occur, User is responsible for submitting a claim to Laborjack within 72 hours from completion of the Services. All claims for damages must be submitted via email to support@laborjack.com referencing User’s job date. No subsequent claims may be made following submission of the original claim. Additional claims for damages based on the same order for Services that are submitted after the original claim has been filed will not be accepted and shall be deemed waived. Failure to do so will result in an absolute bar to any such claim whether arising in contract, tort, or under any other theory and will relieve Laborjack of any and all liability with respect thereto.
When filing a claim, User will be required to submit all relevant documentation. Relevant documentation includes, but is not limited to, a description of the damaged property, the nature of the damages, the weight of the item(s), and any pictures evidencing User’s damages. To ensure quick handling of claims, User should provide: (1) the date of User’s Services; (2) delivery receipts noting damage or exceptions to the move or confirmation of non-delivery; (3) documentation of the amount of damage being claimed; and (4) photos of the damage. User’s damage claim is not considered filed until they have submitted a completed damage claim form with the foregoing information to Laborjack.
If a claim is not resolved within thirty (30) days due to some action or inaction on User’s part, Laborjack may, in its sole and absolute discretion, deny User’s claim in its entirety. User must accept or reject the settlement offer within thirty (30) days of the date that they receive the offer. If User does not respond to a settlement offer after receipt and within such thirty (30) day window, User’s claim will be denied in its entirety. Laborjack shall only interact with User (ie. who booked the Services) and shall not be required to communicate with any of User’s affiliates, representatives, or other third parties to this Agreement.
Unless otherwise agreed in writing, User shall pay Laborjack for Services rendered via its platform upon completion thereof. Any balance owing for Services rendered after completion shall accumulate a monthly amount (the “Late Fee”) equaling the lesser of 1.5% or the maximum rate allowable by law multiplied by such balance.
Without the prior written consent of Laborjack, neither Party shall, during the term of thisAgreement or for 180 days thereafter, either directly or indirectly, hire or otherwise engage in contracting, or cause, aid or assist any other person or entity (including its subsidiaries, parents or other affiliates) to hire or otherwise engage in the hiring or contracting directly with, any current or former employee, or contractor, of the other Party for a period of 180 days after the completion of any work provided by Laborjack or any of its Laborjacks.
If User hires a contractor supplied by Laborjack without a prior written agreement, they agree to pay an amount (the “Finder’s Fee”) equaling the greater of $5,000 or $400 per hire outside of the platform to Laborjack within fifteen (15) days from any applicable hire date.
User may cancel with no charge until 48 hours prior to the scheduled Services. If User cancels within this 48-hour window, they agree to pay an amount (the “Booking Fee”) equaling the product of the hourly rate multiplied by one hour per Laborjack requested until two hours prior to the scheduled Services; or the hourly rate multiplied by two hours per Laborjack requested thereafter.
User is encouraged to reschedule rather than canceling. User may reschedule their job free of charge until 24 hours prior to the scheduled Services. Laborjack will make good faith efforts to work with User if the timeframe for Services needs to be adjusted slightly. Please call or email our support team to request such minor adjustments. If User reschedules Services and subsequently cancels Services, the cancelation policy and Booking Fee set forth above will been forced.
