MOBILE BRAKE PRO LLC
MASTER INDEPENDENT SERVICE PROVIDER AGREEMENT
This Master Independent Service Provider Agreement (“Agreement”) is entered into by and between Mobile Brake Pro LLC, a limited liability company (“Company”), and the undersigned independent service provider (“Service Provider” or “ISP”).
By electronically accepting this Agreement, Service Provider acknowledges that they have read, understand, and agree to be legally bound by all terms herein.
1. BUSINESS MODEL DISCLOSURE
Company operates solely as a marketing, branding, technology, and customer acquisition platform.
Company does not:
• Perform automotive repair services
• Employ mechanics or technicians
• Supervise or control mechanical work
• Guarantee workmanship or outcomes
All automotive services are performed exclusively by independent third-party service providers operating their own businesses.
2. INDEPENDENT CONTRACTOR RELATIONSHIP
2.1 Status
Service Provider is an independent contractor and not an employee, agent, partner, joint venturer, or franchisee of Company.
2.2 Control
Service Provider retains sole and exclusive control over the manner, means, methods, sequence, tools, and details of performing services.
2.3 No Benefits
Service Provider is not eligible for, and expressly waives, any claim to:
• Wages or overtime
• Minimum wage
• Unemployment insurance
• Workers compensation
• Disability insurance
• Paid leave
• Employee benefits of any kind
2.4 Right to Decline Work
Service Provider may accept or decline any service opportunity, at any time, for any reason, without penalty or adverse consequence.
3. NO WORKERS COMPENSATION COVERAGE
3.1 No Coverage Provided
Service Provider acknowledges that Company does not maintain workers compensation insurance covering Service Provider.
3.2 Waiver
To the fullest extent permitted by law, Service Provider waives any right to workers compensation benefits from Company.
3.3 Responsibility
Service Provider is solely responsible for obtaining workers compensation insurance or lawful exemption as required by applicable state law.
This section survives termination.
4. INDEPENDENT BUSINESS AFFIRMATIONS
Service Provider represents and warrants that:
a) Service Provider operates an independently established automotive service business
b) Service Provider supplies all tools, equipment, vehicles, materials, and labor
c) Service Provider may perform services for other companies or customers, including competitors
d) Service Provider bears the risk of profit or loss
e) Service Provider advertises or holds themselves out as available for services independently
Company relies on these representations in entering into this Agreement.
5. SCOPE OF SERVICES
Service Provider may perform brake-related automotive services, including but not limited to brake pad replacement, rotor replacement, and inspections, only if legally qualified and insured to do so.
Company does not guarantee volume, income, or availability of service opportunities.
6. SERVICE OPPORTUNITIES
Company may present service opportunities through phone, text, software, or other systems.
Service Provider retains sole discretion whether to accept any opportunity.
No schedules, quotas, or minimums apply.
7. COMPENSATION
7.1 Service Fees
Company shall remit to Service Provider the disclosed service fee for each accepted job.
7.2 Customer Payments
All customer payments are collected by Company. Service Provider has no ownership interest in customer funds.
7.3 Deductions and Adjustments
Company may retain amounts to cover marketing costs, administrative expenses, chargebacks, refunds, processing fees, or customer disputes.
8. TAX RESPONSIBILITY
Service Provider is solely responsible for all federal, state, and local taxes arising from amounts paid under this Agreement.
Company does not withhold taxes and will issue IRS Form 1099-NEC where required.
9. MANDATORY INSURANCE REQUIREMENTS
Service Provider shall maintain, at their sole expense, the following insurance at all times while performing services:
9.1 Commercial General Liability
• Minimum $1,000,000 per occurrence
• Including completed operations
9.2 Automobile Liability
• Covering any vehicle used in service
• Including business use where required
9.3 Workers Compensation
• If required by law, or documented legal exemption
Service Provider shall provide certificates of insurance upon request.
Failure to maintain insurance constitutes a material breach and grounds for immediate termination.
Company may be listed as Certificate Holder for notice purposes only.
Company provides no insurance of any kind to Service Provider.
10. ASSUMPTION OF RISK
Service Provider knowingly assumes all risks arising from:
• Automotive repair services
• Job site conditions
• Use of tools and equipment
• Travel to and from customer locations
Company does not control job site safety or conditions.
11. INDEMNIFICATION AND DEFENSE
Service Provider shall defend, indemnify, and hold harmless Company and its members, managers, officers, employees, and agents from any and all claims, demands, damages, losses, liabilities, costs, and expenses, including attorneys’ fees, arising out of or related to:
a) Services performed by Service Provider
b) Personal injury or death
c) Property or vehicle damage
d) Alleged improper repairs
e) Breach of this Agreement
f) Misclassification or employment-related claims
g) Violation of law
This obligation survives termination.
12. LIMITATION OF LIABILITY
To the maximum extent permitted by law, Company shall not be liable for indirect, incidental, consequential, special, or punitive damages.
Company’s total liability, if any, shall not exceed the amount paid to Service Provider for the specific service giving rise to the claim.
13. CONFIDENTIALITY
Service Provider shall not disclose Company confidential information, including customer data, pricing, lead sources, or internal systems.
14. NON-SOLICITATION
During the term of this Agreement and for twelve (12) months thereafter, Service Provider shall not actively solicit Company customers outside the Company platform.
Passive acceptance of unsolicited contact is permitted.
15. ARBITRATION AND CLASS ACTION WAIVER
15.1 Binding Arbitration
Any dispute arising out of or relating to this Agreement shall be resolved by binding arbitration on an individual basis under the rules of the American Arbitration Association.
15.2 Class Action Waiver
Service Provider waives any right to participate in a class, collective, or representative action.
16. GOVERNING LAW AND STATE COMPLIANCE
This Agreement shall be governed by the law of the state in which services are performed.
Service Provider specifically acknowledges compliance with independent contractor and workers compensation laws applicable in:
• Utah
• Nevada
• Colorado
• Idaho
17. SEVERABILITY
If any provision is found unenforceable, the remainder shall remain in full force and effect.
18. TERMINATION
Either party may terminate this Agreement at any time, with or without cause.
Termination does not relieve Service Provider of accrued obligations.
19. ENTIRE AGREEMENT
This Agreement constitutes the entire agreement between the parties and supersedes all prior agreements or understandings.
20. ELECTRONIC ACCEPTANCE
Electronic acceptance constitutes a legally binding signature.