Independent Contractor Agreement
This agreement confirms your status as an independent contractor working through the BuildSmarts platform. Signature is legally binding and is recorded with your IP address, device, and timestamp.
This agreement is between BuildSmarts and the individual signing below ("Contractor"). By clicking "I Agree" below, Contractor accepts every clause of this agreement.
1. Independent Contractor Status. Contractor is an independent contractor. Contractor is not an employee, partner, or agent of BuildSmarts. Contractor has no authority to bind BuildSmarts to any agreement.
2. No Employment. Contractor is not entitled to employee benefits, including but not limited to WSIB, CPP, EI, vacation pay, sick leave, health insurance, or pension.
3. No Supervision. Contractor controls their own schedule, methods, and how to perform the work. BuildSmarts only specifies the result to be achieved.
4. Right to Accept or Decline. Contractor may accept or decline any work assignment and is not required to work any minimum hours. The price for each job is agreed before Contractor accepts it, and Contractor is paid through BuildSmarts when the job is completed.
5. No Exclusivity. Contractor may work for any other company, including competitors, at any time.
6. Own Equipment. Contractor provides and maintains their own vehicle, tools, and equipment. BuildSmarts does not supply equipment to Contractor.
7. Insurance. Contractor must carry commercial auto insurance (minimum $1,000,000 liability) and name BuildSmarts as additional insured. Contractor must provide proof of insurance upon request.
8. Tax Responsibility. Contractor is responsible for all taxes, including but not limited to income tax, CPP, WSIB, and HST/GST. BuildSmarts does not withhold taxes from Contractor payments. BuildSmarts pays Contractor's agreed hourly or piece-work rate. HST/GST at the applicable provincial rate is added only where Contractor is registered with the CRA and provides a valid HST/GST registration number, which must appear on each invoice. Where no registration number is provided, no HST/GST is paid.
9. Indemnification. Contractor indemnifies BuildSmarts for any claims, damages, or losses arising from Contractor's negligence or actions.
10. Release of Liability. Contractor releases BuildSmarts from any claims arising from Contractor's actions, including but not limited to property damage, personal injury, or financial loss.
11. Waiver of Jury Trial. Both parties agree to try mediation first. If mediation fails, disputes go to binding arbitration in the Contractor's province, and both parties waive the right to a jury trial.
12. Termination. Either party may terminate this agreement with 24 hours written notice.
13. Entire Agreement. This agreement constitutes the entire agreement between the parties. No verbal agreements or representations are binding.
14. Electronic Signature Consent. Clicking "I Agree" constitutes a legally binding electronic signature.
⚠️ IMPORTANT NOTICE: For educational purposes only. Not legal advice. Consult a licensed lawyer in your jurisdiction before relying on this agreement.