Independent Contractor Agreement: Pest Control
This Independent Contractor Agreement ("Agreement") is entered into between OffTorque LLC, an Ohio limited liability company ("OffTorque," "Company," "we"), and the individual pest control professional accepting this Agreement through the OffTorque platform ("Contractor," "you").
1. Independent Contractor Relationship
You are an independent contractor, not an employee, agent, joint venture partner, or franchisee of OffTorque. Nothing in this Agreement creates an employment relationship. OffTorque does not control the manner or means by which you perform pest control services. You have the right to perform services for other parties while using the OffTorque platform, subject to the non-solicitation obligation in Section 7.
2. Services
You agree to use the OffTorque platform to connect with customers seeking mobile pest control services. You are solely responsible for:
- The quality, safety, and completion of all pest control work you perform
- Complying with all applicable federal, state, and local laws, licensing requirements, and safety regulations
- Holding a current, valid state pesticide applicator license or certification required to apply pesticides in your service area, before accepting any job there
- Following all pesticide product label instructions and all applicable EPA and state pesticide-application regulations governing the products you use
- The proper storage, transport, and disposal of all pesticides and other chemicals used in your work, in compliance with applicable federal and state requirements
- Carrying adequate commercial auto and general liability insurance at your own expense, as further described in Section 6
3. Tools, Equipment & Vehicle
You supply and are responsible for all sprayers, application equipment, traps, and your own vehicle used in connection with services. OffTorque provides no tools, equipment, chemicals, or materials.
4. Platform Fee & Payments
Customer payments are processed through Stripe on the OffTorque platform. OffTorque retains a platform fee (currently 10%, subject to change with 30 days' notice) on each transaction. The remainder is transferred to your connected Stripe Express account. You acknowledge and agree to Stripe's terms of service in connection with payment processing.
5. Taxes
You are solely responsible for all federal, state, and local taxes arising from amounts earned through the OffTorque platform, including self-employment tax. OffTorque will not withhold taxes on your behalf. If required by law, OffTorque may issue a Form 1099-NEC or 1099-K.
6. Insurance
Given the regulatory exposure and chemical-handling risk inherent in pest control work, you are responsible for obtaining and maintaining at your own expense:
- General liability insurance covering your pest control services (minimum $2,000,000 per occurrence recommended, reflecting the elevated risk profile of chemical-application work compared to lower-risk trades on the platform)
- Confirmation with your insurer that your policy covers pesticide and chemical liability exposure specifically, general liability policies do not always include this coverage automatically, and you should verify it before accepting jobs
- Commercial auto insurance for your service vehicle
- Any workers' compensation coverage required by Ohio law if you employ others
7. Non-Solicitation
You agree not to directly solicit or accept payment from customers you first connected with through the OffTorque platform outside of the OffTorque platform for a period of 12 months following the last transaction with that customer through OffTorque. Violation of this section may result in immediate account termination and liability for damages.
8. Confidentiality
You agree to keep confidential any non-public information about OffTorque's business, technology, customers, or operations that you access through your use of the platform.
9. Representations & Warranties
You represent and warrant that:
- You are at least 18 years old
- You have the legal right to work in the United States
- All information you provide to OffTorque is accurate and complete
- You hold all required licenses and certifications, including a current state pesticide applicator license or certification, to perform the pest control services you offer
- You will perform all services in a professional and workmanlike manner and in compliance with applicable safety and chemical-handling standards
10. Term & Termination
This Agreement begins upon your digital acceptance and continues until terminated. Either party may terminate this Agreement at any time, with or without cause, by providing written notice. OffTorque may immediately suspend or terminate your account for violations of this Agreement or the OffTorque Terms of Service.
11. Limitation of Liability
To the fullest extent permitted by law, OffTorque's liability to you arising out of or related to this Agreement shall not exceed the total platform fees paid to OffTorque in the 90 days preceding the claim. OffTorque shall not be liable for any indirect, incidental, special, punitive, or consequential damages.
12. Indemnification
You agree to indemnify, defend, and hold harmless OffTorque LLC and its officers, directors, employees, and agents from any claims, damages, losses, or expenses (including reasonable attorneys' fees) arising out of or related to: (a) your performance of services; (b) your violation of this Agreement; (c) your violation of any applicable law or licensing requirement, including pesticide-application regulations; or (d) any claim that your work caused property damage or personal injury.
13. Dispute Resolution
Any dispute arising from this Agreement shall be resolved by binding arbitration administered under the American Arbitration Association Commercial Arbitration Rules, seated in Ohio. You waive any right to a jury trial or class action proceeding. Nothing in this section prevents either party from seeking injunctive relief in a court of competent jurisdiction.
14. Governing Law
This Agreement is governed by the laws of the State of Ohio, without regard to conflict of law principles.
15. Entire Agreement
This Agreement, together with the OffTorque Terms of Service and Privacy Policy, constitutes the entire agreement between you and OffTorque regarding your use of the platform as a pest control professional. If any provision is found unenforceable, the remaining provisions remain in full force.
16. Amendments
OffTorque may update this Agreement at any time. We will notify you via the app or email at least 30 days before material changes take effect. Continued use of the platform after that date constitutes acceptance of the updated Agreement.
Digital Acceptance: By checking the acknowledgment box and typing your legal name in the OffTorque app, you confirm that you have read, understood, and agree to this Independent Contractor Agreement. The timestamp of your acceptance is recorded in OffTorque's system.