Waiver and Release
This is an earlier version. Read the current version
This Waiver and Release is part of the agreement between you and AVERENTIUM LLC ("Averentium") described in the Terms of Service. It applies to everyone who uses Help, whether posting jobs, doing them, or both.
1.Assumption of risk
Work arranged through Help takes place at private addresses and in public places, and may involve tools, machinery, ladders, heights, lifting, chemicals, weather, traffic, animals and people you have not met. You understand and accept that this carries a risk of injury, illness, death, loss and damage to property, including risks that cannot be foreseen, and you choose to take part anyway. Averentium does not inspect any address, job, tool or person and makes no promise about the safety of any of them.
2.Your own judgement
You decide which jobs to post and which to accept. You are responsible for judging whether a job is safe and lawful for you, for holding any licence the work requires, for bringing and correctly using the right equipment, and for stopping if a situation becomes unsafe. Nothing in Help requires you to begin or to continue a job. A poster is responsible for making the address safe to work at and for disclosing anything a worker should know.
3.Release
To the fullest extent the law allows, you release, waive and discharge Averentium and its members, managers, officers, employees, agents and successors (the "released parties") from any and all claims, demands and causes of action, known or unknown, arising out of or connected with a job arranged through Help or your use of Help, including claims for personal injury, death, property damage and economic loss, and including claims caused by the ordinary negligence of a released party. You agree not to sue a released party on a released claim.
4.Claims between users
This release covers Averentium. It does not release the other party to a job. A claim against a poster or a worker is between the two of you.
5.Not an employer, no insurance
Averentium is not your employer and is not the employer of anyone you meet through Help. It does not provide workers' compensation, liability insurance, health insurance, vehicle insurance or any other insurance or benefit. You are responsible for insuring yourself, your vehicle, your equipment and your property, and for your own taxes.
6.Indemnity
To the fullest extent the law allows, you agree to indemnify and hold harmless the released parties against claims brought by a third party, including the other party to a job, that arise out of your conduct on a job or your use of Help.
7.Rights that cannot be waived
This release does not apply to any claim that cannot be released under the law that applies to you, and it does not release a released party from liability for fraud, or for death or personal injury caused by its own gross negligence or wilful misconduct, where the law does not allow that liability to be released. Where a provision goes further than the law allows, it applies to the fullest extent the law does allow.
8.Governing law and severability
This waiver is governed by the laws of the State of Florida and is subject to the arbitration and class action waiver, the opt-out and the venue provision in the Terms of Service. If any part of it is held unenforceable, the rest continues to apply.
9.Acknowledgement
By continuing you confirm that you are at least 18, that you have read this waiver, that you understand it, that you have had the chance to ask questions or take advice about it, and that you are agreeing to it freely and in exchange for the use of Help.