Manage jobs end-to-end from your phone or
tablet - Download the LHG Technician App
Today!
THIS MASTER SERVICE AGREEMENT (“Agreement”) is entered into by and between Liberty Home Guard LLC (“LHG”) and the undersigned service provider (“Technician” or “Vendor”). By signing below, accessing the LHG Vendor Portal (the “Portal”), or accepting any service job, claim, ticket, or work order issued by LHG through its systems or Vendor Portal, Technician agrees to be bound by these terms legally and irrevocably.
1.1. Nature of Relationship. Technician is an independent contractor, not an employee, partner, or agent of LHG. Technician retains sole discretion over the manner and means of performing the services, subject only to the specific standards of workmanship and conduct set forth herein.
1.2. No Exclusivity. Technician is free to perform services for other clients. LHG makes no guarantee of volume or frequency of service requests/work orders/claims/tickets.
1.3. Subcontracting and Delegation. Technician acknowledges it is a business entity and may subcontract or delegate work to qualified third parties, provided that: (a) all subcontractors meet the licensing, insurance, and background check requirements of this Agreement; and (b) Technician remains strictly liable for the acts, omissions, negligence, and payment of such subcontractors.
1.4. Tax Responsibility. Technician is solely responsible for all local, state, and federal taxes, including self-employment taxes. LHG will not withhold taxes.
2. SERVICE STANDARDS AND OPERATIONAL OBLIGATIONS
2.1. Initial Vetting Phase. The first five (5) service requests completed by Technician constitute an Initial Quality Assessment. LHG reserves the right to terminate this Agreement immediately if workmanship or professionalism standards are not met during or after this phase.
2.2. Scheduling and Communication
2.2.1. The technician must schedule appointments with the customer immediately upon acceptance of a Service Request.
2.2.2. Technician must confirm the appointment on the day of service and communicate delays directly to the customer and update the Technician Portal.
2.2.3. Normal service initiation must occur within 48 hours of work order receipt.
2.3. Diagnostics and Reporting
2.3.1. Technician must submit a full diagnosis (including cause of failure, unit information, part numbers, photos, and any other information requested by LHG) via the Portal or by calling 929-463-9331 within forty-eight (48) hours following the scheduled diagnostic appointment with the customer.
2.3.2. Failure to report timely diagnostics may result in forfeiture of the service fee.
2.4. Authorization Rules.
2.4.1. NO WORK MAY BEGIN WITHOUT LHG’S PRIOR WRITTEN AUTHORIZATION.
2.4.2. Estimates must include all costs (tax, shipping, labor). LHG will not pay amounts exceeding the technician authorization limit approved by LHG, regardless of the total policy amount applied to the claim.
2.4.3. Technician shall not make coverage determinations or act as an agent of LHG.
2.5.1. Criminal Background Warranty. Technician warrants that it conducts comprehensive criminal background checks on all with its personnel, including employees, owners, agents, and subcontractors (“Personnel”). Technician agrees NOT to dispatch any individual to a customer’s home who has been convicted of a felony or any crime involving theft, fraud, violence, or sexual misconduct.
2.5.2. Indemnification for Non-Compliance. Technician agrees to indemnify, defend, and hold harmless LHG from any claim, loss, damage, fine, or liability arising from the dispatch of any Personnel who did not undergo a background check, or whose background check would have revealed a disqualifying conviction.
2.6. Work Product and Data Ownership
2.6.1. Assignment of Work Product. All photographs, videos, reports, diagnostic data, written assessments, notes, and any other materials or documentation created, captured, or compiled by Technician in connection with services performed under this Agreement (collectively, "Work Product") are and shall remain the exclusive property of LHG. Technician hereby assigns to LHG all right, title, and interest in and to the Work Product, including all intellectual property rights therein.
2.6.2. Customer Data. Technician acknowledges that all customer information accessed through the Portal, including names, addresses, contact information, appliance data, and claim history, is Confidential Information of LHG. Technician shall not retain, copy, use, or share any customer data beyond what is necessary to perform the specific authorized service.
2.6.3. Return and Deletion. Upon termination of this Agreement for any reason, Technician shall promptly return or destroy all Work Product, customer data, and Confidential Information in its possession, and shall certify such return or destruction in writing upon LHG’s request.
3. BILLING, PAYMENT, AND LIENS
3.1. Invoicing. Invoices and photos must be submitted via the Portal upon job completion.
3.2. Payment Terms. Payment is issued via credit card (or other LHG-approved method) 48 hours after LHG receives customer confirmation of satisfactory completion.
3.3. Right of Set-Off. LHG reserves the right to withhold, deduct, or set off against any payments due to Technician any amounts Technician owes to LHG, including but not limited to costs for incomplete work, property damage caused by Technician, customer chargebacks relating to claim expenses or technician authorizations, or unreleased liens.
3.4. Lien Waiver. Technician hereby waives and releases all lien rights against the property of LHG customers. Technician agrees not to file, and to immediately dissolve, any mechanics’ liens.
3.4.1. Penalty. If a lien is filed, Technician authorizes LHG to withhold payment to satisfy the lien and agrees to pay LHG liquidated damages of $500 per day until the lien is released.
3.5. Refund and Clawback. LHG may demand a refund or chargeback to Technician’s credit card on file for (a) any work that fails within the Warranty Period (defined below); (b) fraudulent billing; or (c) any work performed by a Technician whose submitted professional licensing or insurance documents are discovered to be fraudulent, expired, or for repair service types other than the repair services performed. Additionally, submission of false or expired licensing/insurance information constitutes material fraud and shall result in immediate termination and forfeiture of all pending payments.
4. INSURANCE AND LICENSING
4.1. Licensing. Technician must hold and maintain all valid licenses, bonds, and permits required by state and local law. Technician must update LHG immediately upon any change in status.
4.2. Insurance Requirements. Technician shall maintain, at its own expense:
4.3. Right to Audit and Verify. LHG, or its designated agent, shall have the right at any time to verify Technician’s compliance with the licensing and insurance requirements of this Agreement. Upon request, Technician shall provide LHG with proof of such compliance within twenty-four (24) hours. Failure to maintain active, valid credentials, or failure to provide proof upon request, constitutes a material breach, authorizing LHG to immediately suspend all service requests and withhold pending payments.
4.4.1. Automatic Suspension on Lapse. If any required insurance policy lapses, is cancelled, or fails to be renewed, or if any license expires or is suspended, all pending work orders assigned to Technician shall be automatically suspended, and LHG shall have no obligation to authorize, perform, or pay for any work completed after the date of lapse until Technician provides proof of reinstatement. LHG shall not be liable for any losses Technician incurs as a result of such suspension.
4.4.3. Verification Does Not Create Employment. Technician acknowledges that LHG’s verification of credentials is a risk-management measure only and does not create an employment relationship, make LHG a co-employer, or impose any obligation on LHG beyond the terms of this Agreement.
5. WARRANTY AND RECALLS
5.1. Workmanship Guarantee and Recall Obligation. Technician guarantees all labor and workmanship for a minimum of sixty (60) days from the date of repair (the “Warranty Period”). Any failure of the repaired equipment or appliance occurring within the Warranty Period constitutes a “Recall.” Upon notice of a Recall, Technician must contact the customer within twenty-four (24) hours and re-service the unit to full working condition at no cost to LHG or the customer (no service, fee, no labor charge, unless separately approved by LHG in writing). LHG will only pay for new parts if required and approved.
5.1.1. Indemnification for Recall Failure. If Technician fails to respond to Recall within twenty-four (24) hours, fails to re-service the unit within a reasonable time, or fails to restore the equipment or appliance to proper working condition, Technician shall be solely liable for an shall indemnify, defend, and hold harmless LHG from any and all costs, losses, refunds, settlements, replacement expenses, and attorneys’ fees LHG incurs as a result of the failed or incomplete repair, including but not limited to any amounts paid to the customer in resolution of the underlying claim. LHG’s right to indemnification under this Section is in addition to, and does not limit, its rights under Section 8.1 or its right of set-off under Section 3.3.
5.1.2. Clawback for Unresolved Recalls. If LHG is required to pay a customer refund, replacement cost, or settlement arising from a Recall that Technician failed to resolve, LHG may deduct the full amount of such payment from any amounts then owed or thereafter owed to Technician, without further notice. If no amounts are then owed to Technician, Technician shall reimburse LHG within fifteen (15) days of written demand.
5.2. Parts Return. All replaced/faulty parts are LHG property and must be returned upon request.
5.3. Incorrect Parts Liability. Technician represents and warrants that all parts, components, systems, or appliances ordered or installed under a work order are correct and appropriate for the authorized repair or replacement. If LHG determines that any such item is incorrect (in whole or in part) and the item is returnable, Technician shall, at its sole expense, be responsible for returning the incorrect item to the designated warehouse and for all associated costs (including shipping, handling, and restocking fees). If the incorrect item has been installed or is otherwise non-returnable, Technician shall be solely liable for and promptly reimburse LHG the full cost of the item (including any shipping or other related associated costs).
6. BIOMETRIC IDENTITY VERIFICATION AND PRIVACY CONSENT
6.1. Mandatory Verification. As a condition of this Agreement, Technician (and its dispatched Personnel) must complete LHG’s Amazon Web Services (“AWS”)-based identity verification, which includes facial geometry analysis (liveness detection and license matching).
6.2. Explicit Consent (BIPA/CUBI/CPRA). Technician hereby provides EXPLICIT, INFORMED WRITTEN CONSENT for LHG and its vendors to collect, analyze, store, and transmit Technician’s biometric identifiers (facial geometry/templates) for identity verification and fraud prevention.
6.3. Compliance and Dispute Resolution.
6.3.1. Compliance Commitment. LHG represents that its biometric data collection practices are designed to comply with the Illinois Biometric Information Privacy Act (BIPA), Texas Capture or Use of Biometric Identifier Act (CUBI), California Privacy Rights Act (CPRA), and all other applicable privacy statutes. LHG shall implement and maintain a written retention schedule and destruction policy for all biometric identifiers collected hereunder.
6.3.2. Dispute Resolution for Biometric Claims. Any dispute or claim arising from the collection, use, storage, or destruction of biometric data under this Agreement shall be resolved exclusively by binding arbitration pursuant to Section 9 of this Agreement, on an individual basis. Technician expressly waives the right to ring such claim as a class action or representative proceeding.
7. NON-SOLICITATION; CONFIDENTIALITY; NON-DISPARAGEMENT
7.1. Non-Solicitation. During this Agreement and for twelve (12) months thereafter, Technician shall not, directly or indirectly, solicit LHG customers for private work, "side jobs," or maintenance plans.
7.2. Confidentiality. Technician acknowledges that during the course of this Agreement, it will have access to “Confidential Information," including but not limited to LHG’s customer lists, pricing structures, business strategies, and Portal data. Technician agrees to maintain the strict confidentiality of this information and shall not disclose it to any third party or use it for any purpose outside the scope of this Agreement.
7.3 Non-Disparagement. During the term of this Agreement and at all times thereafter, Technician agrees that it shall not, and shall ensure that its Personnel do not, directly or indirectly, make, publish, or communicate to any person or entity or in any public forum (including but not limited to social media, online review sites, or to LHG customers) any defamatory or disparaging remarks, comments, or statements concerning LHG or its businesses, products, services, reputation, officers, or employees.
7.4. Liquidated Damages. Technician acknowledges that any violation of this Section 7 causes irreparable harm to LHG. Technician agrees to pay LHG $2,500 per violation as liquidated damages, not as a penalty.
8. INDEMNIFICATION AND LIMITATION OF LIABILITY
8.1. INDEMNIFICATION AND DUTY TO DEFEND. TECHNICIAN AGREES TO INDEMNIFY, DEFEND, AND HOLD HARMLESS LHG, ITS AFFILIATES, OFFICERS, EMPLOYEES, AND AGENTS FROM AND AGAINST ANY AND ALL CLAIMS, ACTIONS, SUITS, DEMANDS, OBLIGATIONS, PROCEEDINGS, DAMAGES, JUDGMENTS, LOSSES, LIABILITIES, FINES, PENALTIES, AND EXPENSES (INCLUDING REASONABLE ATTORNEYS’ FEES AND LEGAL COSTS) OF ANY KIND, WHETHER THREATENED, ASSERTED, OR FILED, ARISING OUT OF OR RELATED TO:
THIS DUTY TO DEFEND ARISES IMMEDIATELY UPON THE ASSERTION OF ANY CLAIM.
8.2. LIMITATION OF LIABILITY. IN NO EVENT SHALL LHG BE LIABLE TO TECHNICIAN FOR INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES (INCLUDING LOST PROFITS). LHG’S TOTAL LIABILITY UNDER THIS AGREEMENT SHALL NOT EXCEED THE TOTAL FEES PAID TO TECHNICIAN IN THE THREE (3) MONTHS PRECEDING THE CLAIM.
9. DISPUTE RESOLUTION: ARBITRATION AND CLASS WAIVER
9.1. Governing Law. This Agreement is governed by the laws of the State of New York.
9.2. Binding Arbitration. Any dispute arising out of this Agreement (including payment, performance, or biometric claims) shall be resolved exclusively by binding arbitration administered by the AAA in Kings County (Brooklyn), New York. Nothing in this Section 9 shall prohibit the parties from initiating an action or proceeding in state or federal court in Kings County (Brooklyn), New York, to compel arbitration or for a preliminary injunction to enforce a covenant in this Agreement.
9.3. CLASS ACTION WAIVER. Technician and LHG agree that any arbitration or legal proceedings shall be conducted in their individual capacities only, and not as a class action or other representative action. Technician expressly waives its right to file or participate in a class action, collective action, or representative proceeding of any kind against LHG.
10. ACKNOWLEDGMENT, INCORPORATION OF POLICIES AND EXECUTION
10.1. Integration; Survival; Modification; Waiver. This Agreement represents the complete understanding between Technician and LHG, and supersedes all prior agreements, understandings, or representations. No provision of this Agreement will be modified, waived, or discharged unless the modification, waiver, or discharge is agreed to in writing and signed by the parties. No waiver by LHG of any breach of, or of compliance with, any condition or provision of this Agreement by Technician will be considered a waiver of any other condition or provision in this Agreement, or of the same condition or provision at another time. The obligations regarding Indemnification (Section 8), Non-Solicitation, Confidentiality, and Non-Disparagement (Section 7), Lien Waiver penalties (Section 3.4.1), Incorrect Parts Liability (Section 5.3), and Biometric Privacy (Section 6) shall survive the termination of this Agreement.
10.2. Incorporation of Web Policies. Technician acknowledges that its use of the LHG Vendor Portal, the submission of data, and the performance of services are further governed by LHG’s Master Privacy Policy and Terms of Use (collectively, the “Site Policies”).
10.2.1. Link to Policies. Technician agrees to review and comply with the Site Policies currently available at https://www.libertyhomeguard.com/terms-of-use/ and https://www.libertyhomeguard.com/privacy-policy/ (or such other URL as LHG may provide).
10.2.2. Binding Nature. These Site Policies are hereby incorporated by reference into this Agreement as if fully set forth herein. Technician specifically consents to the data retention schedules, session replay monitoring (CIPA), and mass arbitration batching protocols contained therein.
10.2.3. Future Updates. LHG may update the Site Policies from time to time to comply with changing laws or business requirements. LHG shall provide Technician with at least thirty (30) days written notice (via email to the address on file or via a notice posted on the Portal) before any material changes to the Site Policies become effective. Technician’s continued acceptance of service requests or use of the Portal following the effective date of such changes constitutes binding acceptance of the revised Site Policies. If Technician objects to any material change, Technician’s sole remedy is to terminate this Agreement pursuant to Section 11.2 prior to the effective date of the change.
10.3. Execution. Electronic signature, checking the boxes below, or the acceptance of any Service Request constitutes valid and binding execution of this Agreement.
10.4. Severability. If any provision of this Agreement is held by a court or arbitrator of competent jurisdiction to be invalid, illegal, or unenforceable, the remaining provisions of this Agreement shall remain in full force and effect. The parties further agree that such invalid or unenforceable provision shall be modified by the court or arbitrator so as to render it enforceable to the maximum extent permitted by law while maintaining the original intent of the parties.
10.5. Force Majeure. LHG shall not be liable or responsible to Technician, nor be deemed to have defaulted under or breached this Agreement, for any failure or delay in fulfilling or performing any term of this Agreement when and to the extent such failure or delay is caused by or results from acts or circumstances beyond the reasonable control of LHG, including, without limitation, acts of God, flood, fire, earthquake, explosion, governmental actions, war, invasion or hostilities, terrorist threats or acts, riot, or other civil unrest, national emergency, revolution, insurrection, pandemic or epidemic, lockouts, strikes or other labor disputes, or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or established power, telecommunications, or internet service outages (including AWS outages).
11. TERM AND TERMINATION
11.1. Term. This Agreement shall commence on the date of execution and continue until terminated by either party in accordance with this Section.
11.2. Termination for Convenience. LHG may terminate this Agreement at any time, for any reason or no reason, upon seven (7) days written notice to Technician. Technician may terminate this Agreement upon fourteen (14) days written notice to LHG. Upon termination, Technician shall complete any service requests for which a customer appointment has already been confirmed, unless LHG directs otherwise.
11.3. Immediate Termination for Cause. LHG may terminate this Agreement immediately, without notice or penalty, upon the occurrence of any of the following: (a) Technician’s material breach of any provision of this Agreement; (b) discovery that Technician’s licensing or insurance documents are fraudulent, expired, or inapplicable; (c) any complaint, finding, or reasonable basis to believe that any Technician Personnel committed theft, fraud, violence, or sexual misconduct at a customer’s property; (d) filing of a mechanics’ lien in violation of Section 3.4; or (e) Technician’s insolvency or cessation of business operations.
|
|
|
|
| 05/06/2026 |
Your Company
Your Services
Your Coverage
Our Agreement