Operator Insurance

Independent Contractor Agreement, Release, and Waiver of Liability

ARBITRATION NOTICE: PLEASE NOTE THAT THESE TERMS CONTAIN AN

ARBITRATION CLAUSE BELOW. EXCEPT FOR CERTAIN TYPES OF DISPUTES

MENTIONED IN THAT ARBITRATION CLAUSE, YOU AND BUSINESS AGREE

THAT DISPUTES BETWEEN YOU WILL BE RESOLVED BY MANDATORY

BINDING ARBITRATION, AND YOU AND BUSINESS WAIVE ANY RIGHT TO

PARTICIPATE IN A CLASS-ACTION LAWSUIT OR CLASS-WIDE

ARBITRATION.

1. Definitions

Business means the entity for which the Operator is contracting to perform work

through the Veryable Platform;

Op means a work opportunity posted on the Veryable Platform;

Operator(s) means the independent contractor(s) on the Veryable Platform;

Veryable Platform - means the online platform/portal accessible through the Veryable

website at www.veryableops.com operated by Veryable for the Businesses or the

Veryable App for the Operators;

2. Services to Be Performed

Operator agrees to perform the services on behalf of the Business pursuant to the details

of the Op posting on the Veryable Platform for which the Operators bid has been

accepted by the Business.

3. Payment

In consideration for the services to be performed by the Operator, Operator will be paid

through the Veryable Platform on behalf of the Business pursuant to the details of the Op

posting on the Veryable Platform for which the Operators bid has been accepted by the

Business.

4. Expenses

Operator shall be responsible for all expenses incurred while performing services under

this agreement.

5. Independent Contractor Status

Operator is an independent contractor and not an employee of Veryable or the Business.

Nothing in this Agreement is intended or should be construed to create a partnership,

joint venture, or employer-employee relationship between Operator and Veryable or

between Operator and the Business. Operator will take no position with respect to or on

any tax return or application for benefits, or in any proceeding directly or indirectly

involving Veryable or the Business that is inconsistent with Operator being an

independent contractor (and not an employee) of Veryable or the Business. Operator is

not the agent of Veryable or the Business and Operator is not authorized, and must not

represent to any third party that Operator is authorized, to make any commitment or

otherwise act on behalf of Veryable or the Business. As an independent contractor,

Operator is solely responsible for determining which Ops Operator will choose to bid on

and accept.

As an independent contractor, Operator is not entitled to or eligible for any benefits that

Veryable or the Business may make available to their respective employees, such as

group insurance, profit-sharing or retirement benefits.

Because Operator is an independent contractor, neither Veryable, nor the Business, will

withhold or make payments for social security or make unemployment insurance or

disability insurance contributions on behalf of the Operator.

Operator is solely responsible for filing all tax returns and submitting all payments as

required by any federal, state, local, or foreign tax authority arising from the payment of

payments to Operator under this agreement, and Operator agrees to do so in a timely

manner. Operator will comply with all applicable federal, state, local, and foreign laws

governing self-employed individuals, including laws requiring the payment of taxes, such

as income and employment taxes, and social security, disability and other contributions.

To the extent required by the IRS, Veryable will report the payments paid to Operator for

services rendered as part of Veryable engagements by filing Form 1099-MISC with IRS.

Operator consents to electronic delivery of Form 1099-MISC, if such form is required or

filed. Operator agrees to indemnify Veryable for the cost of any tax liabilities incurred by

Veryable as a result of Operators failure to pay all applicable taxes in a timely manner.

6. Independent Contractor Release and Waiver of Liability

OPERATOR AGREES ON BEHALF OF HIMSELF/HERSELF AND

OPERATORS HEIRS, EXECUTORS, ADMINISTRATORS AND ASSIGNS TO

RELEASE, WAIVE, DISCHARGE AND HOLD HARMLESS, VERYABLE,

BUSINESS, AND VERYABLE AND BUSINESS SUCCESSORS, ASSIGNS,

DIRECTORS, OFFICERS, EMPLOYEES AND AGENTS FROM ANY AND ALL

LIABILITY, CLAIM AND DEMANDS OF WHATEVER KIND OF NATURE,

EITHER IN LAW OR IN EQUITY, WHICH ARISE OR MAY HEREAFTER

ARISE FROM THE SERVICES PROVIDED BY OPERATOR UNDER THIS

AGREEMENT. OPERATOR UNDERSTANDS AND ACKNOWLEDGES THAT

THIS RELEASE DISCHARGES VERYABLE AND BUSINESS FROM ANY

LIABILITY OR CLAIM THAT OPERATOR MAY HAVE AGAINST

VERYABLE AND/OR BUSINESS WITH RESPECT TO BODILY INJURY,

PERSONAL INJURY, ILLNESS, DEATH, PROPERTY DAMAGE, OR ANY

OTHER CLAIM THAT MAY RESULT FROM THE SERVICES OPERATOR

PROVIDES TO BUSINESS OR OCCURRING WHILE OPERATOR IS

PROVIDING SERVICES.

IN NO EVENT SHALL VERYABLE AND/OR BUSINESS THEIR AFFILIATES

OR ANY OF THEIR DIRECTORS, OFFICERS, EMPLOYEES, AGENTS OR

CONTENT OR SERVICE PROVIDERS (COLLECTIVELY, THE PROTECTED

ENTITIES) BE LIABLE, WHETHER IN AN ACTION BASED ON A

CONTRACT INDEMNIFICATION, OBLIGATION, TORT (INCLUDING

WITHOUT LIMITATION NEGLIGENCE), COLLATERALLY OR ARISING

FROM ANY STATUTORY DUTY, PRE-CONTRACT OR OTHER

REPRESENTATIONS, OR OTHERWISE, HOWEVER ARISING, FOR ANY

ECONOMIC LOSSES (INCLUDING, WITHOUT LIMITATION, LOSS OF

REVENUES, PROFITS, CONTRACTS, BUSINESS, GOODWILL OR

ANTICIPATED SAVINGS) OR ANY DIRECT, INDIRECT, SPECIAL,

INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES

ARISING FROM, OR DIRECTLY OR INDIRECTLY RELATED TO, THE USE

OF, OR THE INABILITY TO USE, THE SERVICES, OR THE CONTENT,

MATERIALS AND FUNCTIONS RELATED THERETO, YOUR PROVISION OF

INFORMATION VIA THE WEBSITE OR APP, LOST BUSINESS OR LOST

SALES, EVEN IF SUCH PROTECTED ENTITY HAS BEEN ADVISED OF THE

POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL THE PROTECTED

ENTITIES BE LIABLE FOR OR IN CONNECTION WITH ANY USER

GENERATED CONTENT POSTED, TRANSMITTED, EXCHANGED OR

RECEIVED BY OR ON BEHALF OF ANY USER OR OTHER PERSON ON OR

THROUGH THE SERVICES.

IN NO EVENT SHALL THE TOTAL AGGREGATE LIABILITY OF THE

PROTECTED ENTITIES TO YOU FOR ALL DAMAGES, LOSSES, AND

CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING,

BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE) ARISING FROM

THE TERMS AND CONDITIONS OR YOUR USE OF THE SERVICES

EXCEED, THE GREATER OF $100 USD OR THE AMOUNT YOU PAID

VERYABLE, IF ANY, IN THE LAST 12 MONTHS.

SOME STATES AND JURISDICTIONS DO NOT ALLOW FOR THE

FOREGOING LIMITATIONS OR EXCLUSION OF LIABILITY FOR

INCIDENTAL OR CONSEQUENTIAL DAMAGES SO TO THAT EXTENT, IF

ANY, SOME OR ALL OF THE ABOVE LIMITATIONS MAY NOT APPLY TO

CERTAIN USERS. EACH PROVISION OF THESE TERMS OF USE THAT

PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF

WARRANTIES, OR EXCLUSION OF DAMAGES IS INTENDED TO AND DOES

ALLOCATE THE RISKS BETWEEN THE PARTIES UNDER THESE TERMS

OF USE. THIS ALLOCATION IS AN ESSENTIAL ELEMENT OF THE BASIS

OF THE BARGAIN BETWEEN THE PARTIES. EACH OF THESE

PROVISIONS IS SEVERABLE AND INDEPENDENT OF ALL OTHER

PROVISIONS OF THESE TERMS OF USE. THE LIMITATIONS IN THIS

SECTION WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS

ESSENTIAL PURPOSE.

7. Insurance

Operator acknowledges that Operator is an independent contractor, not an employee of

Veryable and/or Business. As such, Operator acknowledges and understands that

Operator is not covered by any insurance that may be provided by Veryable and/or

Business to its employees, including, without limitation, health insurance, workers

compensation insurance, general liability insurance, and automobile liability insurance.

Veryable requires that, as an independent contractor, Operator maintains workers

compensation or occupational accident insurance for which Operator is solely and

exclusively responsible for. Specifically, in the event that Operator is injured while

performing Services, Operator acknowledges and understands that Operator will not be

covered by any workers compensation insurance coverage that Veryable and/or Business

may provide to its employees. Further, in the event that Operators actions cause an

injury to a third party while performing Services, Operator acknowledges and

understands that Operator will not be covered by any general liability or automobile

liability insurance coverage that Veryable and/or Business may have, and that Veryable

and Business is not making any commitment to defend and/or indemnify Operator in

such circumstances, and specifically denies such obligation. If Operator does not

provide proof of workers compensation insurance, Operator consents to automatic

enrollment in Veryables occupational accident insurance program.

8. Unemployment Compensation

Neither Veryable, nor the Business, shall make any state or federal unemployment

compensation payments on behalf of Operator. Operator will not be entitled to these

benefits in connection with work performed under this agreement.

9. Term of Agreement

This agreement will become effective when acknowledged by Operator and Business and

will terminate on the earlier of (1) the date Operator completes the services as required

pursuant to the details of the Op posting on the Veryable Platform for which the

Operators bid has been accepted by the Business or (2) the date the Op is terminated by

either party.

10. Injunctive Relief

The Parties agree that it may be impossible to measure in money the damage that would

be suffered if the parties fail to comply with any of the obligations herein imposed on

them and that in the event of any such failure, the aggrieved party will be irreparably

damaged and will not have an adequate remedy at law. The Parties agree and

acknowledge that either party shall, therefore, be entitled (in addition to any other remedy

to which it may be entitled in law or in equity) to injunctive relief, including specific

performance, to enforce such obligations, and if any action should be brought in equity to

enforce any of the provisions of this Agreement, none of the parties hereto shall raise the

defense that there is an adequate remedy at law.

11. Exclusive Agreement

This is the entire Agreement between Operator and Business.

12. Modifying the Agreement

This Agreement may be modified only by a writing signed by both parties.

13. Arbitration, Class Waiver, and Jury Waiver

PLEASE READ THE FOLLOWING PARAGRAPHS CAREFULLY BECAUSE THEY

REQUIRE BOTH OPERATOR AND BUSINESS TO ARBITRATE DISPUTES, AND

LIMIT THE MANNER IN WHICH OPERATOR AND BUSINESS CAN SEEK

RELIEF FROM EACH OTHER.

Applicability of Arbitration Agreement. All claims and disputes arising out of or relating

to these Terms or the use of the Services that cannot be resolved in small claims court

will be resolved by binding arbitration on an individual basis, except that Operator and

Business are not required to arbitrate any dispute in which either party seeks equitable

relief for the alleged unlawful use of copyrights, trademarks, trade names, logos, trade

secrets, or patents.

Arbitration Rules. The Federal Arbitration Act governs the interpretation and

enforcement of this dispute-resolution provision. Arbitration will be initiated through the

American Arbitration Association (AAA). If the AAA is not available to arbitrate, the

parties will select an alternative arbitral forum. The rules of the arbitral forum will govern

all aspects of this arbitration, except to the extent those rules conflict with these Terms.

The AAA Consumer Arbitration Rules governing the arbitration are available online at

www.adr.org or by calling the AAA at 1-800-***-****. The arbitration will be

conducted by a single neutral arbitrator. Any claims or disputes where the total amount

sought is less than $10,000 USD may be resolved through binding non-appearance-based

arbitration, at the option of the party seeking relief. For claims or disputes where the total

amount sought is $10,000 USD or more, the right to a hearing will be determined by the

arbitral forums rules. Any judgment on the award rendered by the arbitrator may be

entered in any court of competent jurisdiction.

Additional Rules for Non-appearance Arbitration. If non-appearance arbitration is

elected, the arbitration will be conducted by telephone, online, written submissions, or

any combination of the three; the specific manner will be chosen by the party initiating

the arbitration. The arbitration will not involve any personal appearance by the parties or

witnesses unless the parties mutually agree otherwise.

Authority of the Arbitrator. The arbitrator will decide the jurisdiction of the arbitrator and

the rights and liabilities, if any, of Operator and Business. The dispute will not be

consolidated with any other matters or joined with any other cases or parties. The

arbitrator will have the authority to grant motions dispositive of all or part of any claim or

dispute. The arbitrator will have the authority to award monetary damages and to grant

any non-monetary remedy or relief available to an individual under applicable law, the

arbitral forums rules, and the Terms. The arbitrator will issue a written award and

statement of decision describing the essential findings and conclusions on which the

award is based, including the calculation of any damages awarded. The arbitrator has the

same authority to award relief on an individual basis that a judge in a court of law would

have. The award of the arbitrator is final and binding upon you and Veryable.

Waiver of Jury Trial. OPERATOR AND BUSINESS WAIVE ANY

CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE

A TRIAL IN FRONT OF A JUDGE OR A JURY. Operator and Business are instead

electing to have claims and disputes resolved by arbitration. Arbitration procedures are

typically more limited, more efficient, and less costly than rules applicable in court and

are subject to very limited review by a court. In any litigation between Operator and

Business over whether to vacate or enforce an arbitration award, OPERATOR AND

BUSINESS WAIVE ALL RIGHTS TO A JURY TRIAL, and elect instead to have the

dispute be resolved by a judge.

Waiver of Class or Consolidated Actions. ALL CLAIMS AND DISPUTES WITHIN

THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED OR

LITIGATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS BASIS.

CLAIMS OF MORE THAN ONE OPERATOR OR BUSINESS CANNOT BE

ARBITRATED OR LITIGATED JOINTLY OR CONSOLIDATED WITH THOSE OF

ANY OTHER OPERATOR OR BUSINESS. If, however, this waiver of class or

consolidated actions is deemed invalid or unenforceable, neither Operator or Business are

entitled to arbitration; instead all claims and disputes will be resolved in a court as set

forth in this section.

Confidentiality. No part of the procedures will be open to the public or the media. All

evidence discovered or submitted at the hearing is confidential and may not be disclosed,

except by written agreement of the parties, pursuant to court order, or unless required by

law. Notwithstanding the foregoing, no party will be prevented from submitting to a court

of law any information needed to enforce this arbitration agreement, to enforce an

arbitration award, or to seek injunctive or equitable relief.

Right to Waive. Any rights and limitations set forth in this arbitration agreement may be

waived by the party against whom the claim is asserted. Such waiver will not waive or

affect any other portion of this arbitration agreement.

Opt-out. Operator may opt out of this arbitration agreement. If Operator does so, neither

Operator nor Business can force the other to arbitrate. To opt out, Operator must notify

Business in writing no later than 30 days after first becoming subject to this arbitration

agreement. Operators notice must include Operators name and address and an

unequivocal statement that Operator wants to opt-out of this arbitration agreement.

Operator must send Operators opt-out notice to the address at which Operator performed

serviced for Business.

Arbitration Agreement Survival. This arbitration agreement will survive the termination

of Operators relationship with Business.

14. Electronic Acceptance

BY ACCEPTING THIS AGREEMENT VIA THE VERYABLE WEBSITE OR

VERYABLE APP, OPERATOR AND BUSINESS HAVE AGREED TO BE BOUND

BY THE TERMS SET FORTH ABOVE AND AGREE THAT THE TERMS

CONSTITUTE AN AGREEMENT THAT IS ENFORCEABLE AGAINST YOU. YOU

FURTHER AGREE THAT THE RECORD OF USERS ACCEPTANCE WILL BE

TREATED, FOR PURPOSES OF VALIDITY, ENFORCEABILITY AS WELL AS

ADMISSIBILITY, THE SAME AS WRITTEN SIGNATURES.

YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THE

TERMS. YOU FURTHER ACKNOWLEDGE THAT YOU HAVE BEEN GIVEN THE

OPPORTUNITY TO OBTAIN INDEPENDENT LEGAL ADVICE WITH RESPECT

TO THIS AGREEMENT BEFORE ACCEPTING IT.

Updated: March 16, 2020

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