Independent Contractor Agreement — The Pocono Plumber

This Independent Contractor Agreement ("Agreement") is between The Pocono Plumber ("Company") and the undersigned contractor ("Contractor"). By completing this verification and signing below, Contractor agrees to all terms herein.

1. Definitions

"Gross Job Revenue" means all amounts paid by a customer for a referred job, excluding only applicable sales tax and permit fees paid directly to a government authority. Labor, materials, diagnostic fees, emergency fees, and any other charges collected from the customer are included in Gross Job Revenue.

"Company Customer" means any individual or property owner who was introduced to Contractor through Company's referral process, including customers who later contact Contractor directly without going through Company.

2. Independent Contractor Status

Contractor is an independent contractor — not an employee, agent, partner, or joint venturer of Company. Contractor is solely responsible for their own federal and state taxes, self-employment taxes, benefits, equipment, vehicle, fuel, transportation, and any workers' compensation required for their employees. Company will issue a Form 1099 where required by law.

3. Scope of Work

Company will refer plumbing service requests from customers located in the Pocono Mountain region to Contractor. Contractor may accept or decline any individual referral at their discretion. Accepting a referral obligates Contractor to fulfill the job professionally, timely, and in compliance with all applicable laws, codes, and permit requirements.

4. Revenue Split, Invoicing, and Payment

For each completed job referred by Company, Gross Job Revenue shall be split: 60% to Contractor, 40% to Company. Contractor must submit a copy of the signed customer estimate and final invoice to Company within 48 hours of issuance. Company will remit Contractor's share within 7 business days of receiving and verifying the invoice. Company reserves the right to withhold payment pending resolution of any customer dispute or warranty claim arising from Contractor's work.

Anti-circumvention. Contractor shall not accept payment from any Company Customer in any form — including cash, check, Venmo, Zelle, or any other method — without reporting the full transaction amount to Company. Contractor owes Company its 40% share of any Gross Job Revenue from a Company Customer, whether or not the job was formally referred through Company's system. Failure to accurately report any job revenue constitutes grounds for immediate termination and entitles Company to recover its percentage of undisclosed revenue plus reasonable attorneys' fees.

Audit rights. Company may request supporting documentation — including customer confirmation, photographs, permits, or materials receipts — to verify any invoice. Contractor agrees to provide such documentation within 5 business days of request. Company may also contact customers directly to confirm job amounts and satisfaction.

Chargeback and refund offset. If Company refunds or compensates a customer due to Contractor's negligence, misrepresentation, code violation, incomplete work, or failure to respond to a warranty callback, Company may offset the full refund amount against future payments owed to Contractor. If no future payments are available, Contractor shall reimburse Company within 14 days of written notice.

5. Licensing and Insurance Requirements

Contractor warrants and represents that, at all times during this Agreement, Contractor shall maintain all of the following in good standing:

1. A valid Pennsylvania Home Improvement Contractor (HICPA) registration, as required by the Pennsylvania Home Improvement Consumer Protection Act.
2. General Liability Insurance (GLI) with minimum coverage of $1,000,000 per occurrence / $2,000,000 aggregate. The certificate of insurance must name The Pocono Plumber as an additional insured.
3. All licenses, registrations, certifications, and permits required by the jurisdictions in which Contractor performs work. Contractor is solely responsible for determining and maintaining all applicable local, municipal, county, and state requirements.
4. Workers' Compensation Insurance covering all employees, or a signed waiver if operating as a sole proprietor with no employees, as permitted by Pennsylvania law.

Contractor must notify Company in writing within 48 hours if any of the above coverage lapses, is cancelled, is modified, or expires. Company reserves the right to immediately suspend referrals — without notice — upon discovery of any lapse. Company may verify Contractor's insurance directly with the insurer at any time and may request updated certificates of insurance on demand. Contractor accepts full responsibility for any claims arising from work performed during a coverage lapse.

6. Liability and Indemnification

Contractor is solely and fully liable for all work performed on referred jobs, including but not limited to: property damage, personal injury, incomplete work, code violations, and warranty callbacks. Company is not an employer, co-contractor, or guarantor of Contractor's work.

Contractor agrees to indemnify, defend, and hold harmless The Pocono Plumber, its owners, agents, and affiliates from any and all claims, losses, liabilities, damages, costs, and attorneys' fees arising from: (a) Contractor's performance or failure to perform; (b) Contractor's lapse in licensing or insurance; (c) any negligent, reckless, or intentional acts by Contractor or Contractor's employees.

7. Work Standards and Customer Relations

Contractor agrees to: (a) respond to accepted referrals promptly and arrive within the agreed timeframe; (b) treat all customers professionally and respectfully; (c) provide a written estimate and obtain customer approval before commencing any non-emergency work; (d) complete work in a clean, professional manner and comply with all applicable codes and permit requirements; (e) not accept payment in any form that circumvents the agreed revenue split; (f) maintain before-and-after photographs of all work performed and provide them to Company upon request.

8. Customer Ownership

All customers referred to Contractor by Company are and remain Company Customers, as defined in Section 1. This applies regardless of whether the customer subsequently contacts Contractor directly, provides Contractor with their personal contact information, or initiates future jobs without going through Company's platform. Contractor acknowledges that Company's customer relationships are a primary business asset and agrees that any job performed for a Company Customer — at any time, through any channel — is subject to the revenue split and reporting requirements in Section 4.

9. Non-Solicitation

During the term of this Agreement and for 12 months following termination, Contractor shall not directly solicit plumbing work from any Company Customer, nor encourage any Company Customer to contact Contractor outside of Company's referral process. Violation of this clause entitles Company to liquidated damages equal to the full invoice amount of any diverted job(s), plus reasonable attorneys' fees.

10. Confidentiality

Contractor shall keep confidential all customer information, pricing structures, internal processes, and business terms of Company. Contractor shall not disclose such information to any third party without Company's prior written consent.

11. Term and Termination

This Agreement begins upon Company's written approval of Contractor's verification and continues until terminated. Either party may terminate with 7 days written notice. Company may terminate immediately and without notice for cause, including: (a) failure to maintain required licensing or insurance; (b) customer fraud or misconduct; (c) repeated no-shows or unprofessional conduct; (d) violation of the non-solicitation or customer ownership provisions; (e) failure to report job revenue; (f) submission of false or fraudulent verification documents.

12. Dispute Resolution

The parties agree to first attempt to resolve any dispute through good-faith negotiation. If unresolved after 30 days, disputes shall be submitted to binding arbitration under the rules of the American Arbitration Association, conducted in Monroe County, Pennsylvania. This Agreement is governed by the laws of the Commonwealth of Pennsylvania.

13. Entire Agreement

This Agreement constitutes the entire agreement between the parties and supersedes all prior discussions, representations, or understandings. Amendments must be in writing and signed by both parties.