1. Nature of the Platform
Flyer ("the Platform," "we," "us") is a technology platform that connects individuals seeking services ("Customers") with individuals offering services ("Providers"). Flyer does not perform, supervise, direct, employ, or guarantee any service listed on the Platform. Flyer is not a party to any agreement, service arrangement, or transaction between a Customer and a Provider. Providers are independent, self-employed individuals and are not employees, agents, partners, joint venturers, or representatives of Flyer.
2. No Screening Guarantee
Flyer lets Providers list certifications and equipment themselves, and does not verify the accuracy of any Provider's listed credentials, certifications, experience, insurance status, or background check results. Users are solely responsible for evaluating the suitability, qualifications, and trustworthiness of any other user before entering into a service arrangement.
3. Assumption of Risk
By creating an account, each user acknowledges and agrees that:
• Services arranged through the Platform, including but not limited to lawn care, babysitting, window washing, moving assistance, pet care, tutoring, and skilled trade work, carry inherent risks, including but not limited to physical injury, property damage, illness, financial loss, theft, and interpersonal disputes.
• The user voluntarily assumes all risk of injury, loss, or damage arising from participation in the Platform, whether as a Customer or a Provider, and whether occurring on the Platform or in person.
• Flyer has no control over, and assumes no responsibility for, the conduct of any user, the quality or safety of any service performed, or the condition of any premises where a service takes place.
4. Release and Waiver of Liability
To the maximum extent permitted by applicable law, each user releases, waives, discharges, and covenants not to sue Flyer, its officers, directors, employees, contractors, and affiliates (the "Released Parties") from any and all liability, claims, demands, actions, or causes of action arising out of or related to:
• Any injury, disability, death, or property damage arising from a service arranged through the Platform;
• Any dispute between a Customer and a Provider, including disputes over payment, quality of work, or scheduling;
• Any act or omission of another user, including negligent, reckless, or intentional conduct;
• Any misrepresentation by a user regarding their identity, qualifications, certifications, or background;
• Loss of income, business opportunity, or consequential damages of any kind.
This release does not apply to, and nothing in this Agreement waives, liability that cannot be waived under applicable law, including liability for Flyer's own gross negligence, recklessness, willful misconduct, or fraud. Waivers of liability for ordinary negligence may not be enforceable in all jurisdictions and, where unenforceable, this section shall be limited to the maximum extent permitted by law rather than invalidated entirely (see Section 11, Severability).
5. Indemnification
Each user agrees to indemnify, defend, and hold harmless the Released Parties from any third-party claim, loss, liability, damage, or expense (including reasonable legal fees) arising from: (a) the user's use of the Platform; (b) the user's provision or receipt of services arranged through the Platform; (c) the user's breach of this Agreement; or (d) the user's violation of any law or the rights of a third party.
6. Independent Contractor Status
Providers acknowledge that they are independent contractors offering services directly to Customers. Providers are solely responsible for: their own tools, equipment, and safety practices; compliance with applicable licensing, permitting, and insurance requirements for their trade or service category; their own tax obligations, including reporting income earned through the Platform; and carrying any liability, health, or disability insurance they consider necessary. Flyer does not provide workers' compensation coverage, employer-provided insurance, or benefits of any kind to Providers.
7. Payments and Fees
All payments for services must be processed through the Platform's designated payment system. Flyer charges a service fee (currently 20% on the first $50 of a job, then 15% on the part from $50 to $100, 12% on the part from $100 to $200 and 10% on the part over $200, subject to change with notice) added on top of the earner’s price and paid by the customer. The rate in force is always shown as a line item before you confirm, and it is 5% when you book an earner you have already booked. If you set a booking to repeat, each later visit is booked and its payment held on your saved card three days ahead, and you can stop it at any time. Two services from the same earner can be booked together as one job, and that booking carries a 12% service fee. A season pass is charged once, up front, and any visits you do not use are refunded. Flyer's role in processing payment is limited to facilitating the transfer of funds between Customer and Provider and does not constitute an endorsement, guarantee, or warranty of the underlying service. Flyer is not responsible for a user's failure to pay, failure to perform, or disputes over the value or quality of work performed.
8. Minors and Parental Consent
Flyer's minimum age requirement is 13. Any user under the age of majority in their jurisdiction (a "Minor") may only use the Platform with the informed consent of, and under the supervision of, a parent or legal guardian, who must:
• Create or co-sign the Minor's account and agree to this Agreement on the Minor's behalf;
• Accept legal and financial responsibility for the Minor's activity on the Platform, including any injury caused to or by the Minor, and any transactions conducted;
• Acknowledge that agreements to arbitrate and release liability may not be enforceable against a Minor directly under applicable law, and that the parent/guardian's own consent and indemnification obligations are what the Platform is relying upon.
Customers seeking services involving direct, unsupervised care of children (e.g., babysitting) acknowledge sole responsibility for vetting the Provider and making their own judgment about suitability; Flyer's display of certifications (e.g., First Aid, CPR) reflects only what the Provider has self-reported or uploaded and is not a Flyer guarantee of competence.
9. Disclaimer of Warranties
THE PLATFORM AND ALL SERVICES LISTED ON IT ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SAFETY, OR NON-INFRINGEMENT. FLYER DOES NOT WARRANT THAT ANY PROVIDER'S SERVICES WILL BE SAFE, LAWFUL, OF SATISFACTORY QUALITY, OR AS DESCRIBED.
10. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, FLYER'S TOTAL AGGREGATE LIABILITY TO ANY USER FOR ANY CLAIM ARISING OUT OF OR RELATED TO THE PLATFORM SHALL NOT EXCEED THE GREATER OF (A) THE TOTAL FEES PAID BY THAT USER TO FLYER IN THE 12 MONTHS PRECEDING THE CLAIM, OR (B) $100 USD/CAD. IN NO EVENT SHALL FLYER BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES.
11. Dispute Resolution
Any dispute arising out of this Agreement or use of the Platform shall first be addressed through Flyer's internal resolution process. Disputes not resolved informally shall be submitted to binding arbitration on an individual basis, and each user waives the right to participate in a class action.
12. Severability
If any provision of this Agreement, including any portion of the release of liability, is found by a court or arbitrator to be unenforceable or void, that provision shall be limited or eliminated to the minimum extent necessary, and the remaining provisions of this Agreement shall remain in full force and effect.
13. Acknowledgment
BY CLICKING "I AGREE" AND CREATING AN ACCOUNT, YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT IN FULL, UNDERSTAND ITS TERMS, ARE VOLUNTARILY ASSUMING THE RISKS DESCRIBED, AND ARE RELEASING FLYER FROM LIABILITY TO THE FULLEST EXTENT PERMITTED BY LAW.
