Caretaker Terms of Service

These Caretaker Terms of Service (“Caretaker Terms”) apply whenever you provide or propose caretaker, housekeeping or maintenance services (“Caretaker Services”) for an Owner on the Fairly Platform.  They are in addition to the General Terms of Service (“General Terms”) and form part of your agreement with Fairly Inc. (“Fairly”).   Capitalized terms used but not defined in these Caretaker Terms have the meaning given in the General Terms.  The General Terms and the Privacy Policy are incorporated into these Caretaker Terms by reference.  These Caretaker Terms may be updated as described in the Changes section of the General Terms. Your continued use of the Services after an update constitutes acceptance. 

1. Caretaker Responsibilities and Assumptions of Risk. If you are using the Fairly Platform as a Caretaker, you acknowledge and agree that:
   
   1. You acknowledge that while the Fairly Platform might help identify potential Owner matches, you are solely responsible for evaluating, selecting, and agreeing to terms directly with Owners. You acknowledge and agree that Fairly does not, and shall have no obligation to, verify, assess and/or monitor the employment or hiring practices of the Owner and/or the site or working conditions at the Listed Property. Accordingly, as between you and Fairly, you are solely responsible for: (i) the terms and conditions under which you perform work for an Owner; and (ii) assessing and/or evaluating the employment or hiring practices of an Owner and/or the site or working conditions at a Listed Property, including without limitation, the Owner’s ability to pay and/or the safety of or the conditions at the Listed Property.
   2. In submitting a proposal to an Owner, you acknowledge and agree that the information included in your proposal, including your skills, experience, training, immigration and/or work eligibility status, and prior work or employment history, is and shall be truthful, accurate and complete in all material respects.
   3. When a proposal is accepted by an Owner through the Fairly Platform, a contract is formed between you and the Owner with respect to that Listed Property, and you are responsible for delivering the Caretaker Services under the terms and at the price specified in the accepted proposal. Fairly is not a party to any contract between you and an Owner with respect to the Caretaker Services.
   4. You acknowledge that either you or the Owner may terminate your engagement at any time, subject to the terms of any agreement between you and the Owner. Neither you nor the Owner has any obligation to continue a relationship beyond the scope of an accepted proposal, and either party may choose to engage with a different Caretaker or Owner through the Fairly Platform at their discretion.
   5. You are solely responsible for the acts and/or omissions of yourself and anyone you engage and use to help perform the Caretaker Services for the Listed Property, including without limitation, any and all subcontractors.
   6. You agree to comply with all applicable Laws during your provision of the Caretaker Services, including but not limited to, applicable employment Laws.
   7. You are at least eighteen (18) years of age and have all necessary rights and authority to accept these Platform Terms.
   8. You agree that, to the maximum extent permitted by applicable Laws, you assume the entire risk arising out of your access to and use of the Fairly Platform, including risks associated with cleaning and maintaining the Listed Property and identifying and contracting with any Owner.

2. Background Checks & Compliance.  You authorize Fairly to conduct identity verification and, where permitted, background checks related to platform safety and fraud prevention. You will comply with applicable employment, labor, immigration/work‑authorization, and safety laws.

3. Insurance. You agree to maintain appropriate insurance for your services, including commercial general liability and, where required by law, workers’ compensation for you and your personnel.

4. Site Safety & Risk.  You are responsible for your workers/subcontractors and site safety. You assume risks associated with on‑site work and engagements.

5. Non‑Solicitation / Non‑Circumvention.  You agree that, during your use of the Fairly Platform and for twenty four (24) months thereafter, you will not directly or indirectly solicit, encourage, or attempt to persuade any Owner you were introduced to or interacted with through the Fairly Platform to move the management or care of their property to another provider. In addition, you agree not to circumvent Fairly by entering into any direct or indirect agreement, transaction, or relationship with any Owner, property, or opportunity you became aware of through the Fairly Platform, except through the Fairly Platform itself. This includes, but is not limited to, engaging in property management, housekeeping, caretaking, or booking-related services outside the platform in connection with such Owners or properties. This restriction applies whether for your own benefit or for another person or entity. You acknowledge that any violation may cause significant harm to Fairly, and Fairly may seek legal and equitable remedies, including injunctive relief and damages for lost revenue.