Waiver and Release of Liability, Assumption of Risk and Indemnity

1.Who and what this covers

"Released Parties" means AVERENTIUM LLC and each of its past, present and future owners, members, managers, officers, operators, employees, contractors, administrators and moderators (including anyone acting as a Help admin), agents, affiliates, successors and assigns: the same persons the Terms of Service call the "Averentium Parties", and, as there, no poster, worker or helper is a Released Party because of anything they do as a user of Help. Each Released Party is an intended third-party beneficiary of this Waiver and Release and may enforce it directly.

"Job" means any job posted, offered, accepted, performed, attempted or discussed through Help, including travel to and from the address, time spent at the address, and any contact between the people involved before, during or after it.

This Waiver and Release applies to every user of Help: posters, workers and helpers.

2.Risks you accept

Jobs are done by and for members of the public whom Averentium does not employ, screen, supervise, train, equip or insure, at places Averentium does not own, control or inspect. The risks include, among others:

(a) falls from ladders, roofs and heights, and slips and trips;

(b) injuries from lifting and carrying, and strain on the heart from hard physical work;

(c) cuts, burns and other injuries from tools, machinery and equipment;

(d) exposure to chemicals, dust, mould, allergens, heat, cold, ice, snow and weather;

(e) bites and attacks by dogs and other animals;

(f) unsafe conditions at an address, whether obvious or hidden;

(g) firearms or other weapons kept at an address;

(h) people at an address who may pose a risk, and strangers you meet through the app;

(i) traffic and vehicle accidents while travelling, including while following a map or directions shown in Help;

(j) illness and infection;

(k) the acts of other people, including users, occupants and strangers, and including theft, assault, harassment and other crimes;

(l) loss of or damage to property;

(m) emotional distress; and

(n) serious injury and death.

Some risks cannot be foreseen or removed.

YOU CHOOSE TO TAKE PART AND YOU ASSUME ALL OF THESE RISKS, KNOWN AND UNKNOWN, INCLUDING RISKS ARISING FROM THE NEGLIGENCE OF THE RELEASED PARTIES.You choose to take part and you assume all of these risks, known and unknown, including risks arising from the negligence of the Released Parties.

You may decline or stop any job.

3.Your judgement and each party's responsibilities

(a) If you post a job, you confirm that you own the address or have the right to let people work there. As between you and the Released Parties, you alone are responsible for: the condition of the address and everything on it; telling the worker, in the job's description and again in person, about every hazard you know of or should know of that is not obvious, including animals, weak, steep or slippery surfaces, roof and ladder access, electrical, gas, water and pool hazards, chemicals, firearms, cameras or devices that record sound, and anyone at the address who may pose a risk; your animals, household members, guests and other occupants; any access, accommodation or assistance a worker needs to do the job at your address; any permit, licence, notice, insurance or other legal duty that applies to you as the owner or occupier of the address or as the person having the work done; and any insurance you want for injury to people or damage to property at the address. You describe the result you want; the worker decides how to do the work. Averentium does not inspect, approve or make safe any address.

(b) If you do a job, you alone decide whether it is lawful and whether its risks are acceptable to you, and you are responsible for your own tools, equipment, protective gear, vehicle, travel and route, including when you follow a map or directions shown in Help; for any licence, permit or insurance the work requires; for your own health, disability, occupational-accident and liability insurance; and for stopping if the work becomes unsafe. Nothing requires you to begin or continue a job. You may bring a helper only if the helper has their own Help worker account and you have added them to the job in Help. You are responsible for your helper and for any claim they or anyone else makes because of them.

(c) Whether you post or work, stop whenever the work becomes unsafe for you. A worker may use Stop for safety at any time, as section 9 of the Payment Agreement describes.

4.No employer, no background checks, no insurance, no safety undertaking

Averentium does not employ anyone who uses Help.

NO BACKGROUND CHECKS. AVERENTIUM DOES NOT RUN BACKGROUND, CRIMINAL-RECORD, SEX-OFFENDER REGISTRY, REFERENCE, DRIVING-RECORD OR LICENCE CHECKS ON ANY USER, AND DOES NOT INSPECT ANY ADDRESS.No background checks. Averentium does not run background, criminal-record, sex-offender registry, reference, driving-record or licence checks on any user, and does not inspect any address.

Any identity or payment check that Stripe performs is for payments and legal compliance. It is not a background check. Ratings, reports, location check-in, maps and directions, the worker's position shown to a poster, completion photographs, messaging, calls, blocking, suspensions and account reviews are tools Averentium may offer and change, and may withdraw for the future, except that the report and review processes described in the Payment Agreement and section 12 of the Terms of Service continue as those documents provide. None of them is a promise about any person or place, and offering them is not an undertaking by Averentium to keep anyone from harm. Averentium provides no workers' compensation, health, disability, liability, property or vehicle insurance to anyone. Each user is responsible for their own acts, including any crime they commit, and for the loss it causes. If you are in danger, call 911.

5.RELEASE OF NEGLIGENCE CLAIMSRelease of negligence claims

TO THE FULLEST EXTENT THE LAW ALLOWS, AND SUBJECT ONLY TO SECTIONS 10 AND 11, YOU, FOR YOURSELF AND FOR ANYONE WHO CLAIMS THROUGH YOU, INCLUDING YOUR HEIRS, NEXT OF KIN, ESTATE, EXECUTORS, ADMINISTRATORS, PERSONAL REPRESENTATIVES AND ASSIGNS, RELEASE, WAIVE AND FOREVER DISCHARGE THE RELEASED PARTIES FROM ALL CLAIMS BASED ON NEGLIGENCE OR ANY OTHER FAILURE TO USE REASONABLE CARE, KNOWN OR UNKNOWN, ARISING OUT OF OR RELATING TO HELP, ANY JOB, ANY ADDRESS WHERE A JOB IS DONE, OR THE ACTS OR OMISSIONS OF ANY USER OR OTHER PERSON, INCLUDING CLAIMS CAUSED IN WHOLE OR IN PART BY THE NEGLIGENCE OF ANY RELEASED PARTY. THIS RELEASE COVERS EACH OF THE FOLLOWING KINDS OF CLAIM:To the fullest extent the law allows, and subject only to sections 10 and 11, you, for yourself and for anyone who claims through you, including your heirs, next of kin, estate, executors, administrators, personal representatives and assigns, release, waive and forever discharge the Released Parties from all claims based on negligence or any other failure to use reasonable care, known or unknown, arising out of or relating to Help, any job, any address where a job is done, or the acts or omissions of any user or other person, including claims caused in whole or in part by the negligence of any Released Party. This release covers each of the following kinds of claim:

(a) claims for bodily injury and illness;

(b) claims for DEATH, INCLUDING WRONGFUL DEATH AND SURVIVAL CLAIMS;(b) claims for death, including wrongful death and survival claims;

(c) claims for loss of or damage to property;

(d) claims for emotional distress;

(e) claims for economic loss;

(f) claims arising from the acts of other users, occupants or strangers, including crimes; and

(g) claims about the design and operation of Help, including screening or not screening anyone, checking or not checking anyone's identity, warning or not warning anyone, reviewing or not reviewing any report, message, call, photograph or location, suspending or not suspending any account, any failure of the app, any map, direction, distance, arrival time or position shown in Help, and any decision on a hold, a report, a refund or a recovery made in good faith on the record of the job.

Each of (a) to (g) is a separate release. If one of them is held unenforceable, the others still apply. This section does not release a claim that Averentium has not paid, released or refunded money as the Payment Agreement requires, or any other claim that Averentium has broken a promise it makes in the Agreement; sections 22, 24 and 25 of the Terms of Service apply to those claims.

You agree not to sue any Released Party on a claim this section releases. This section does not make you pay any Released Party's legal fees for a claim you bring, and it does not release any user (section 6).

6.Claims between users

Averentium is not a party to any agreement between a poster and a worker. Any claim you have arising from the acts or omissions of another user, or of anyone in their household, their guests, their animals or their property, is a claim against that person only, and you release the Released Parties from it, including where the act was a crime. Averentium has no duty to take part in, investigate, decide or pay any dispute between users. Any review it chooses to do decides only what happens to the payment for the job, under section 8 of the Payment Agreement and sections 9 and 10 of that agreement, and whether that decision counts as a strike as section 12 of the Terms of Service describes; it is not a finding about anyone's legal responsibility.

This does not release any user. Nothing in this Waiver and Release releases a poster, a worker or a helper from a claim by anyone.

7.Unknown claims

You waive the benefit of California Civil Code section 1542, which says: "A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party." You also waive the benefit of any similar law of any other state.

8.INDEMNITYIndemnity

You will indemnify and hold harmless the Released Parties, and, if Averentium asks, defend them with counsel reasonably acceptable to Averentium, against every claim, demand, investigation, loss, liability, fine, penalty, judgment, settlement and cost (including reasonable legal fees and the cost of answering subpoenas, warrants, preservation requests and other legal process) brought, assessed or incurred by anyone other than you, including the other party to a job, members of your household, your guests, anyone you bring to a job, helpers, your heirs, estate and next of kin, insurers and anyone else claiming through you, payment partners and government authorities, that arises out of or relates to:

(a) a job you posted, accepted, performed or helped with;

(b) the condition of an address you own, occupy or control;

(c) your acts or omissions, including any crime, and those of anyone you bring to a job or allow at an address;

(d) your content;

(e) any prohibited use under section 10 or section 11 of the Terms of Service;

(f) your breach of the Agreement or of any law, including tax and licensing law; or

(g) misstating your age or your state of residence.

THIS APPLIES EVEN IF THE LOSS WAS CAUSED IN WHOLE OR IN PART, OR IS SAID TO HAVE BEEN CAUSED, BY THE NEGLIGENCE OF A RELEASED PARTY. IT DOES NOT APPLY TO THE PART OF ANY LOSS CAUSED BY THAT RELEASED PARTY'S GROSS NEGLIGENCE, RECKLESSNESS, FRAUD OR WILFUL MISCONDUCT, OR BY ITS BREACH OF A DUTY IMPOSED BY STATUTE OR REGULATION THAT THE LAW DOES NOT ALLOW TO BE SHIFTED TO YOU.This applies even if the loss was caused in whole or in part, or is said to have been caused, by the negligence of a Released Party. It does not apply to the part of any loss caused by that Released Party's gross negligence, recklessness, fraud or wilful misconduct, or by its breach of a duty imposed by statute or regulation that the law does not allow to be shifted to you.

This indemnity does not cover: (1) a refund, chargeback, reversal or payment-processing fee, which is dealt with only as sections 10, 11 and 13 of the Payment Agreement describe; (2) any claim, tax, fine or penalty that arises because Averentium is said or found to be the employer of any worker or helper, or that the law places on Averentium itself; or (3) a claim that a Released Party has broken a promise it makes in the Agreement.

The indemnity for a claim brought by your heirs, estate or next of kin, or by a member of your household, is a separate promise; if it is held unenforceable in any case, the rest of this section still applies. This section never requires you to indemnify a Released Party against a claim by or for a person under 18 for that person's own injury, to the extent the negligence of that Released Party caused it.

Where a law about contracts for the construction, alteration, repair or maintenance of a building or structure does not allow a person to be indemnified against their own negligence, or against their sole negligence, this section does not require that for a job to which that law applies, and it still applies to the rest of the loss.

Averentium may control the defence and settlement of any claim. You are not required to pay for a settlement that Averentium makes without your consent, which you will not unreasonably withhold. You may not settle a claim in a way that imposes any obligation or admission on a Released Party without Averentium's written consent. This section covers claims brought or assessed by others, not claims between you and Averentium, and it is subject to sections 10 and 11 of this Waiver and Release and to section 24 of the Terms of Service. Section 23 of the Terms of Service and section 8 of the Waiver and Release are the same indemnity, in the same words except for the name each gives the Averentium Parties and its references to other sections; together they are one obligation, and you do not pay twice for the same loss.

9.Waiver of subrogation

To the extent your insurance allows, you waive, for yourself and your insurers, every right of subrogation against the Released Parties for any loss this Waiver and Release covers, and you will not assign a released claim to anyone.

10.What this release does not cover

This Waiver and Release does not release or limit any claim that a Released Party acted with gross negligence or recklessness or engaged in intentional or wilful misconduct, any claim for fraud, any claim based on a duty imposed by a statute or regulation that the law does not allow to be released in advance, or any claim that section 11 says is not released. If a court or arbitrator decides that this Waiver and Release cannot be enforced as to a particular claim, it still applies to every other claim.

11.State-specific terms

These terms apply despite anything else in the Agreement. Each applies if you live in the state it names, or if the job or the injury is in that state.

(a) LOUISIANA. No release, waiver, assumption of risk, exclusion or limit of liability in the Agreement, including sections 2, 5, 6 and 7 of this Waiver and Release and sections 11, 15, 16 and 22 of the Terms of Service, excludes or limits liability for physical injury, or for intentional or gross fault. Section 8 of this Waiver and Release and section 23 of the Terms of Service do not require a Louisiana resident to indemnify a Released Party for that Released Party's own fault causing physical injury to that resident. The cap and the exclusion of consequential damages in section 22 of the Terms of Service still apply to economic loss.

(b) MONTANA. No release, waiver, assumption of risk, exclusion or limit of liability in the Agreement, including sections 2, 5, 6 and 7 of this Waiver and Release and sections 11, 15, 16 and 22 of the Terms of Service, applies to claims for personal injury or death caused by negligence, to claims for violation of law, whether wilful or negligent, or to claims for fraud or for wilful injury to a person or property.

(c) VIRGINIA. No release or assumption of risk in the Agreement, including sections 2, 5 and 6 of this Waiver and Release and section 15 of the Terms of Service, releases or bars a claim for personal injury or death caused by a Released Party's negligence. They still cover property damage and economic loss.

(d) CALIFORNIA. Nothing in the Agreement exempts anyone from responsibility for fraud, wilful injury to a person or property, gross negligence or violation of law, and the cap in section 22 of the Terms of Service does not apply to those claims or to intentional torts. The waiver of California Civil Code section 1542 is in section 7 of this Waiver and Release and section 15 of the Terms of Service.

(e) NEW JERSEY RESIDENTS. If you live in New Jersey, or the job or the injury is there: (1) section 5 does not cover gross negligence, recklessness, intentional conduct, or duties imposed by statute or regulation; (2) sections 5 and 6 of this Waiver and Release and section 15 of the Terms of Service do not bar a wrongful-death claim that New Jersey law gives your heirs in their own right; (3) section 22 of the Terms of Service does not apply to claims for personal injury or death; (4) the exclusion of punitive damages and the cap in section 22 of the Terms of Service do not apply to claims for which the New Jersey Punitive Damages Act or the New Jersey Consumer Fraud Act provides a remedy; and (5) you are not required to indemnify a Released Party for that Released Party's own negligence toward you. Every other provision applies to you in full.(e) New Jersey residents. If you live in New Jersey, or the job or the injury is there: (1) section 5 does not cover gross negligence, recklessness, intentional conduct, or duties imposed by statute or regulation; (2) sections 5 and 6 of this Waiver and Release and section 15 of the Terms of Service do not bar a wrongful-death claim that New Jersey law gives your heirs in their own right; (3) section 22 of the Terms of Service does not apply to claims for personal injury or death; (4) the exclusion of punitive damages and the cap in section 22 of the Terms of Service do not apply to claims for which the New Jersey Punitive Damages Act or the New Jersey Consumer Fraud Act provides a remedy; and (5) you are not required to indemnify a Released Party for that Released Party's own negligence toward you. Every other provision applies to you in full.

(f) ARIZONA AND OKLAHOMA. In Arizona and Oklahoma, whether this Waiver and Release, including the release in section 5 and the assumption of risk in section 2, bars a claim is a question of fact decided as the constitution of that state provides, by the jury or, where section 25 of the Terms of Service applies, by the arbitrator, and this waiver is evidence of the risks you accepted.(f) Arizona and Oklahoma. In Arizona and Oklahoma, whether this Waiver and Release, including the release in section 5 and the assumption of risk in section 2, bars a claim is a question of fact decided as the constitution of that state provides, by the jury or, where section 25 of the Terms of Service applies, by the arbitrator, and this waiver is evidence of the risks you accepted.

In every state the rest of this waiver still applies, including the assumption of risk, the allocation of responsibility between users, the waiver of subrogation and the indemnity for claims brought by others.

12.Governing law, reformation and disputes

This Waiver and Release is governed by the laws of the State of Florida, as section 26 of the Terms of Service provides. If a court or arbitrator applies the law of another state to a claim it covers, it is enforced to the greatest extent that law permits, and any part that goes further is limited, not struck, as section 11 describes. Sections 25 (arbitration agreement and class action waiver), 26 (governing law and courts), 27 (changes) and 31 (general, including severability and reformation) of the Terms of Service apply to it.

13.ACKNOWLEDGMENTAcknowledgment

BY CHECKING THE BOX FOR THIS WAIVER AND RELEASE YOU CONFIRM THAT YOU ARE AT LEAST 18 AND OLD ENOUGH TO MAKE A BINDING CONTRACT ON YOUR OWN WHERE YOU LIVE (19 IN ALABAMA, 21 IN MISSISSIPPI); THAT YOU HAVE READ THIS WAIVER AND RELEASE AND UNDERSTAND IT; THAT YOU UNDERSTAND YOU ARE GIVING UP SUBSTANTIAL RIGHTS, INCLUDING THE RIGHT TO SUE THE RELEASED PARTIES FOR THEIR NEGLIGENCE; THAT YOU HAVE HAD THE CHANCE TO ASK QUESTIONS, TO TAKE ADVICE AND NOT TO AGREE; AND THAT YOU AGREE FREELY IN EXCHANGE FOR BEING ALLOWED TO USE HELP.By checking the box for this Waiver and Release you confirm that you are at least 18 and old enough to make a binding contract on your own where you live (19 in Alabama, 21 in Mississippi); that you have read this Waiver and Release and understand it; that you understand you are giving up substantial rights, including the right to sue the Released Parties for their negligence; that you have had the chance to ask questions, to take advice and not to agree; and that you agree freely in exchange for being allowed to use Help.

Using Help is optional. If you want to propose different terms, email contactus@averentium.com before you use Help. This Waiver and Release applies unless Averentium agrees to different terms in a writing signed by a manager of Averentium.