Shear Talent Provider Terms of Service (Service Professional Agreement)

1. Independent Contractor Status

1.1 No Subcontracting or Employment: You acknowledge and agree that you are an independent business or sole proprietor. You are not an employee, agent, joint venturer, partner, or subcontractor of Shear Talent. Shear Talent solely provides a lead-generation and scheduling venue.

1.2 Control Over Work: You retain complete control over how, when, and where you perform your services. Shear Talent does not direct your work, supply your tools or equipment, or mandate your specific methods of shearing.

1.3 Business Entity & California AB 5 Exemption: If operating in a state with specific independent contractor criteria (such as California's AB 5 or similar laws), you represent that you are customarily engaged in an independently established trade, occupation, or business of the same nature as the services you perform, and you maintain your own independent clientele. You interact with Shear Talent purely as a business-to-business transaction.

1.4 Taxes and Benefits: You are solely responsible for filing all required tax returns and paying all applicable local, state, and federal taxes arising from your earnings. You are not entitled to unemployment, workers' compensation, or any employee benefits.

2. Your Representations and Responsibilities

2.1 Service Execution: You are solely responsible for the quality, safety, and outcome of your services. You agree to perform all services in a professional, safe, and humane manner, adhering to all applicable industry standards and laws.

2.2 Lawful Operation and Identity: You represent and warrant that you operate a legitimate, independent business and have never been convicted of a felony or any crime involving violence, theft, or animal abuse. Shear Talent does not conduct background checks; however, we reserve the right to remove any Provider from the Platform at any time if we receive reports of unsafe, unlawful, or unprofessional conduct.

2.3 Licensing and Insurance: You are responsible for obtaining and maintaining any necessary licenses, permits, and professional liability/workers' compensation insurance required to perform shearing services.

2.4 Disputes with Farmers: Shear Talent is not a party to your service agreements. If a Farmer disputes a service, reports a no-show, or claims property damage or animal injury, the resolution is entirely between you and the Farmer. We bear no liability for unpaid services or damages.

3. Platform Fees and Non-Circumvention

3.1 Payment Processing: All payments are processed through Stripe. By accepting payments, you agree to the Stripe Connected Account Agreement.

3.2 Platform Fees: Shear Talent retains a percentage-based platform fee for facilitating bookings, deducted prior to payout.

3.3 Non-Circumvention: You agree not to circumvent the Platform by soliciting Farmers originally introduced to you through Shear Talent to book outside of the Platform to avoid fees. Violating this clause may result in immediate account termination.

4. User-Generated Content and Intellectual Property

4.1 Profile Integrity: You are responsible for the accuracy of your profile, photos, biographies, and pricing. You represent that your uploads do not infringe on third-party intellectual property.

4.2 Limited License: You grant Shear Talent a non-exclusive license to display your profile information, reviews, and uploaded content to promote you on the Platform.

4.3 Reviews and Reputation Management: The Platform allows Farmers to review Providers, and Providers to review Farmers. You acknowledge that Shear Talent is an interactive computer service (under the Communications Decency Act, 47 U.S.C. § 230) and is not the publisher of these reviews. Shear Talent assumes no liability for any loss of business, reputational harm, or defamation resulting from reviews left by Farmers.

4.4 Right to Remove Content: Shear Talent reserves the absolute right (but not the obligation) to monitor, edit, hide, or permanently delete any review—whether written by a Farmer or by you—at our sole discretion, at any time, for any reason, and without notice. You agree that you have no legal claim against Shear Talent for removing a review you wrote, or for failing to remove a negative review written about you.

5. Indemnification

You agree to indemnify, defend, and hold Shear Talent harmless from and against any claims, damages, liabilities, costs, and expenses (including legal fees) arising out of or related to:

(a) The services you perform (or fail to perform).

(b) Any injury to persons, damage to property, or harm to animals occurring during your services.

(c) Any claims misclassifying you as an employee rather than an independent contractor.

(d) Your breach of these Provider Terms or applicable laws.

6. Arbitration and Dispute Resolution

Disputes between you and Shear Talent are subject to the Binding Arbitration and Class Action Waiver clauses detailed in the primary Shear Talent Terms of Use. You agree to resolve any disputes individually through arbitration, rather than in court.

7. Account Suspension and Termination

Shear Talent reserves the right to suspend, restrict, or terminate your account and access to the Platform at any time, for any reason whatsoever, with or without cause or prior notice. This includes, but is not limited to, violations of these terms, poor reviews, circumvention, or any conduct we deem harmful to the Platform or its users.