Terms of Service

1. Relationship

Airthority LLC ("Airthority," "we," "us") operates a lead generation and administrative platform connecting property owners and property management companies with independent, Florida-licensed mold assessors ("Assessor," "you").

You are an INDEPENDENT CONTRACTOR, not an employee, agent, partner, or joint venturer of Airthority. You maintain complete control over how you perform assessments, set your own schedule, use your own equipment, and operate your own business entity.

This agreement does not create any employment relationship, and you are not entitled to any employee benefits, including but not limited to health insurance, retirement plans, paid time off, workers' compensation, or unemployment benefits.

2. Services

3. Payment Terms

Payment Schedule: Net 30 calendar days from the date you upload complete field data and we mark the assessment as "completed" in our system. Payment is processed via ACH direct deposit to your business bank account.

Payment Contingencies: Your payment is contingent upon:

• Completed assessment meeting Airthority quality standards
• Complete field data uploaded within 48 hours of site visit
• No material client complaints or quality disputes
• Client payment received by Airthority

Client Non-Payment or Disputes: In the event a client disputes the services, refuses payment, or payment is delayed for reasons beyond our control, your payment timing may be affected. Airthority handles all client billing and collections efforts. We will communicate with you regarding any payment delays and work toward resolution.

Note: Laboratory fees for air sample analysis are your responsibility and must be factored into your $250 payment. Airthority does not reimburse lab costs separately. Typical lab costs range from $40-60 per sample.

4. Independent Contractor Requirements

You must maintain at all times during your participation in the Airthority network:

• Active Florida Mold Assessor (MRSA) license in good standing with no disciplinary actions
• General liability insurance with minimum coverage of $1,000,000 per occurrence / $2,000,000 aggregate
• Professional liability / Errors & Omissions insurance (strongly recommended, minimum $1M)
• Your own business entity (LLC, S-Corp, sole proprietorship) and EIN for tax reporting
• Workers compensation insurance if you employ any staff or assistants

You are responsible for:

• All business expenses including equipment, vehicles, supplies, lab fees, transportation, and insurance
• All federal, state, and local taxes (you will receive Form 1099-NEC annually)
• Maintaining current credentials, licenses, and insurance at all times
• Compliance with all Florida DBPR regulations and mold assessment statutes
• Your own business operations, scheduling, and workflow management

5. Quality Standards

All assessments performed through the Airthority network must meet or exceed:

• Florida DBPR standards for mold assessment (Chapter 468, Part XV, Florida Statutes)
• Industry best practices (IICRC S520, ACAC guidelines, AIHA standards)
• Airthority's field data collection requirements (provided during onboarding)
• Professional communication standards with clients and property managers

Airthority reserves the right to review your work quality and may reject substandard work or require corrections before processing payment. Repeated quality issues may result in removal from the network after written notice and opportunity to cure.

6. Client Relationship Guidelines

Violation of client relationship guidelines results in immediate removal from the Airthority network. Payment for work completed prior to the violation will be processed according to normal schedule, but no future lead assignments will be made. Airthority reserves the right to pursue legal remedies for intentional client solicitation or interference with business relationships.

7. Performance Expectations (Not Requirements)

To maintain good standing in the Airthority network and receive priority lead assignments, we look for assessors who demonstrate:

• Responsive communication: Reply to lead notifications within 24 hours to confirm availability
• Timely scheduling: Complete site visits within the client's requested timeframe (typically 24-72 hours)
• Prompt reporting: Upload complete field data within 48 hours of assessment completion
• Professional conduct: Maintain courteous communication, appropriate appearance, and punctuality
• Quality work: Thorough assessments with complete documentation and accurate findings

Performance Issues: Repeated performance concerns including unresponsiveness, missed appointments, late data uploads, or client complaints may result in reduced lead priority, suspension, or removal from the network. We will provide written notice and opportunity to address concerns before taking action.

8. Termination

Either party may terminate this independent contractor relationship at any time, for any lawful reason, with or without cause or advance notice:

• You may: Stop accepting leads immediately by notifying us in writing or updating your portal status to "inactive"
• We may: Stop sending you leads immediately for any reason including performance issues, policy violations, or business needs

Upon Termination:

• Payment for all completed assessments will be processed according to normal Net 30 schedule
• Any outstanding client assignments must be fulfilled or immediately reassigned to another assessor
• You must return any Airthority property or materials within 7 days
• Client relationship restrictions (12-month non-solicitation) remain in effect
• Confidential information obligations continue indefinitely

No termination fee or penalty applies to either party. You are not entitled to compensation for future potential earnings or lost business opportunity.

9. Liability and Indemnification

Your Professional Responsibility: You maintain your own professional liability insurance and are solely responsible for your assessment work, professional opinions, findings, recommendations, and any errors or omissions in your services.

Indemnification: You agree to defend, indemnify, and hold harmless Airthority, its owners, officers, employees, and agents from any and all claims, damages, liabilities, costs, and expenses (including reasonable attorney fees) arising from or related to:

• Your negligence, errors, or omissions in performing assessment services
• Your failure to maintain required licenses, credentials, or insurance coverage
• Your violation of Florida DBPR regulations or professional standards
• Your breach of this agreement or violation of client relationship guidelines
• Your direct dealings with clients outside the Airthority platform
• Claims by your employees, subcontractors, or other third parties

Airthority's Liability: Airthority maintains its own business liability insurance but is not responsible for your professional work product, assessment conclusions, or recommendations. Our liability is limited to payment processing and administrative services only.

Limitation of Liability: In no event shall Airthority's liability to you exceed the total payments made to you in the 12 months preceding any claim. Airthority is not liable for indirect, incidental, consequential, or punitive damages including lost profits or business opportunities.

10. No Guarantee of Work

Airthority makes no guarantee, warranty, or promise regarding:

• Volume or frequency of lead assignments you will receive
• Geographic distribution or location of assessment opportunities
• Minimum income, earnings, or work availability
• Continued participation in the network or access to the platform
• Client retention or repeat business

Lead assignments are made at Airthority's sole discretion based on client location, your stated service area and availability, your performance history, current workload, and business needs. You acknowledge this is an at-will referral relationship with no exclusivity or minimum work commitment from either party.

11. Confidential Information

You acknowledge that through your participation in the Airthority network, you may receive access to confidential and proprietary information including:

• Client contact information, property addresses, and assessment history
• Pricing structures, payment terms, and business processes
• Airthority's business strategies, marketing methods, and operational procedures
• Other assessor information and network composition

You agree to:

• Keep all confidential information strictly confidential during and after your participation
• Use confidential information only for performing assigned assessments
• Not disclose confidential information to third parties without written consent
• Return or destroy all confidential information upon termination

This confidentiality obligation survives termination of this agreement indefinitely.

12. Modifications to Terms

Airthority reserves the right to modify these Terms of Service at any time. We will provide notice of material changes via email to your registered address at least 30 days before the changes take effect.

Continued participation in the Airthority network after receiving notice of changes constitutes your acceptance of the modified terms. If you do not agree to the changes, you may terminate this agreement by ceasing to accept new leads.

Payment Rate Changes: Any changes to the payment structure (your compensation amount or Airthority's administrative fee) require your explicit written agreement via email or portal confirmation. Rate changes apply only to assessments assigned after your acceptance.

13. Tax Reporting and Compliance

As an independent contractor, you are responsible for all tax obligations arising from payments received through Airthority:

• Airthority will issue IRS Form 1099-NEC annually if you receive $600 or more in a calendar year
• You must provide a completed W-9 form with accurate taxpayer identification information
• You are responsible for quarterly estimated tax payments to the IRS and state authorities
• You are responsible for self-employment tax, Social Security, and Medicare taxes
• You must maintain your own accounting records and business expense documentation

Airthority does not withhold taxes from your payments and is not responsible for your tax compliance.

14. Insurance and Credential Verification

You authorize Airthority to verify your credentials and insurance status:

• We will verify your Florida MRSA license status with the DBPR periodically
• We may request updated Certificate of Insurance (COI) documents at any time
• We may contact your insurance provider to confirm active coverage
• We may share your license and insurance information with clients upon request

Lapsed Credentials: If your license or insurance lapses, expires, or is suspended, you must notify us immediately and cease accepting new leads until credentials are reinstated. Failure to maintain valid credentials is grounds for immediate suspension or termination.

15. Dispute Resolution

Informal Resolution: In the event of any dispute arising from this agreement, both parties agree to first attempt good-faith informal resolution through direct communication.

Binding Arbitration: If informal resolution fails, any dispute, claim, or controversy shall be resolved through binding arbitration administered by the American Arbitration Association (AAA) under its Commercial Arbitration Rules.

• Arbitration will be conducted in Lake County, Florida
• The arbitrator's decision is final and binding
• Each party bears their own costs and attorney fees unless the arbitrator awards fees to the prevailing party
• Class action waiver: All disputes must be brought individually, not as part of a class action

Exceptions: Either party may seek injunctive relief in court for violations of confidentiality or client relationship provisions without first pursuing arbitration.

16. Governing Law

This agreement is governed by and construed in accordance with the laws of the State of Florida, without regard to its conflict of law provisions. Any legal action not subject to arbitration must be brought in the state or federal courts located in Lake County, Florida, and you consent to the jurisdiction of those courts.

17. Entire Agreement

This Terms of Service document, along with your completed and submitted Assessor Application, constitutes the entire agreement between you and Airthority regarding your participation in the assessor network.

This agreement supersedes all prior discussions, negotiations, understandings, and agreements, whether written or oral. No modification to this agreement is valid unless made in writing and agreed to by both parties.

18. Severability

If any provision of this agreement is found to be unenforceable or invalid by a court or arbitrator, that provision shall be modified to the minimum extent necessary to make it enforceable, or if not possible, severed from the agreement. The remaining provisions shall remain in full force and effect.

19. Contact Information