Pro Services Agreement for W2 Gig Postings
Last Updated: [6/13/25]
This Pro Services Agreement for W2 Gig Postings (“W2 PSA”) is entered into between Labor Force Group, LLC (“Labor Force”, “us”, “our”) and you and governs your temporary employment relationship with us. Your access to the Marketplace for W2 Gig Postings is offered and operated by our affiliate, Qwick GP LLC, and is further governed by the Terms of Use and Marketplace Platform Terms. In the event of any conflict between this W2 PSA and the Marketplace Terms, the W2 PSA prevails as to our relationship with you and your obligations in connection with W2 Gig Postings and associated Gig Services. Capitalized terms used but not defined in this W2 PSA have the meanings described in the Terms of Use and Marketplace Terms.
ARBITRATION NOTICE: THIS W2 PSA IS SUBJECT TO BINDING ARBITRATION AND A WAIVER OF CLASS ACTION RIGHTS AS DETAILED IN SECTION 12 BELOW. These provisions limit our liability to you and affect how disputes are resolved.
By accessing the Marketplace for W2 Gig Postings (including by interacting with W2 Gig Postings) or by performing associated Gig Services, you are agreeing to this W2 PSA and concluding a legally binding contract with Labor Force. For the purposes of this W2 PSA, “you” or “your” refers to a W2 Pro.
EMPLOYMENT RELATIONSHIP. As a W2 Pro, you are a temporary employee of Labor Force Group, LLC and have the ability to apply to fill W2 Gig Postings for short-term temporary staffing positions to provide Gig Services for independent, third-party Business Users. You have access to Labor Force’s W2 Gig Postings through the Qwick Marketplace. Electing to engage in the Marketplace as a W2 Pro enables you to access and apply for W2 Gig Postings and perform related Gig Services. Labor Force has the sole authority to negotiate with Business Users for Gig Postings, including the time, place, type, and compensation for the associated Gig Services. Labor Force determines which Gig Postings to accept and post on the Marketplace. W2 Pros have the right to apply to available Gig Postings as their discretion, unless W2 Pro has elected to have Labor Force assign such Gig Postings to the W2 Pro, in which case the W2 Pro retains the right to refuse any assigned Gig Posting. You acknowledge and agree that your employment relationship is with Labor Force Group LLC; however, its affiliate, Qwick, operates the Marketplace, facilitates payments (on behalf of Labor Force) and may engage with Business Users.
Labor Force is an equal opportunity employer and does not unlawfully discriminate against any race, color, religion, sex, sexual orientation, gender expression or gender identity, national origin, age, creed, ancestry, veteran or military status, disability unrelated to the essential functions of a job, or any other basis prohibited by federal, state or local law.
2. ONBOARDING TO MARKETPLACE. In order to interact and apply for W2 Gig Postings, you must create and keep updated your Pro Account and complete onboarding. Before you can apply to available W2 Gig Postings, you must set-up your Account and complete W2 onboarding within your Account, including completing the following:
Review and accept this W2 PSA, including the Arbitration Agreement below;
2.1. Sign and return the offer letter for employment by Labor Force Group LLC;
2.2. Submit completed United States federal and applicable state W-4 documentation;
2.3. Review and acknowledge the Employee Handbook;
2.4. Review and acknowledge any federal or state notices;
2.5. Complete and return United States federal I-9 documentation;
2.6. Provide requested banking information; and
2.7. Provide any information required to complete background checks.
3. AUTHORIZATION TO PERFORM BACKGROUND CHECKS. Labor Force shall confirm each W2 Pro’s identity, competence and credentials (including licensure, work history, criminal background, and credentials verification) and further screen W2 Pros in relation to the Gig Services as outlined below. Labor Force or its affiliates shall perform such screening either directly or indirectly through third-party vendors or service providers.
3.1. Criminal Background Checks. Labor Force will perform local, state and federal background checks on W2 Pro, including criminal background checks for all jurisdictions of residence for the past seven (7) years, and sex offender and violation records including the national sexual offender database, in accordance with all applicable laws (“Criminal Background Checks”). W2 Pro authorizes Labor Force to perform such Criminal Background Checks as needed in relation to W2 Pro establishing a Pro Account, onboarding as a W2 Pro, and providing Gig Services to any Business User, including throughout the duration of any Gig Posting that W2 Pro has accepted. Nothing in this section shall be interpreted as authorizing or requiring Labor Force to perform any screening activities that violate the federal Fair Credit Reporting Act, Title VII of the Civil Rights Act of 1964 or any other applicable federal or state law.
3.2. Previous Work Experience. Labor Force shall verify W2 Pro’s relevant work and employment experience (“Previous Work Experience Verification”). W2 Pro authorizes Qwick to perform such Previous Work Experience Verification as needed in relation to W2 Pro establishing an Account and providing Gig Services to any Business User.
3.3. Ongoing Checks and Verification. For the duration of any Gig Posting accepted by W2 Pro or so long as a W2 Pro maintains an Account on the Marketplace, W2 Pro authorizes Labor Force or its affiliates, either directly or indirectly through third-party vendors or service providers, at Labor Force’s expense, to continue to perform Criminal Background Checks in conformity with this Section.
3.4. Additional Information as Required. W2 Pro agrees to provide documentation and information as needed, upon Labor Force’s request, to facilitate Criminal Background Checks and ongoing checks and verification, as outlined herein.
4. INSURANCE. W2 Pro is a temporary employee of Labor Force and is covered by any insurance that may be provided by Labor Force to its employees, including, without limitation, health insurance, workers’ compensation, general liability, and automobile liability insurance. In the event W2 Pro is injured while providing a W2 Pro Service in the course and scope of a Request, W2 Pro will be covered by Labor Force’s workers’ compensation insurance coverage. Further, in the event that W2 Pro’s actions or inactions cause an injury to a third party while W2 Pro is providing a W2 Pro Service in the course and scope of a Request, W2 Pro will be covered by any general liability, professional liability, or automobile liability insurance coverage that Labor Force may have.
5. TEMPORARY EMPLOYMENT DATES. Your start date of temporary employment with Labor Force Group, LLC will begin upon notification that you have successfully onboarded to the Marketplace as a W2 Pro. Labor Force Group LLC, may terminate your employment relationship at any time, with or without cause, and with or without notice and for any reason or no particular reason.
6. GIG POSTINGS. By applying to a W2 Gig Posting, you represent and warrant that you meet all requirements for such W2 Gig Posting, including professional experience and competencies, and are willing to perform the Gig Services in accordance with the timeframe, schedule, and location of the W2 Gig Posting. If you do not meet all qualifications for a particular W2 Gig Posting, you must not apply for or accept any offered Gig Services.
7. PAYMENTS FOR COMPLETED GIG SERVICES. Labor Force shall pay all wages in accordance with Labor Force’s regular weekly payroll process identified at the time of W2 onboarding, as may be updated from time to time. Payment for wages will be made via check issued by Labor Force. Labor Force deducts from wages all applicable withholdings including unemployment, social security, or other taxes. W2 Pro shall receive overtime and/or double time in accordance with applicable state/federal laws. No travel or other stipends are provided to W2 Pro in connection with performance of Gig Services.
8. W2 PRO REPRESENTATIONS AND WARRANTIES. W2 Pro represents, warrants and covenants that:
8.1. W2 Pro has the experience, qualifications, and ability to perform each Gig Posting that W2 Pro accepts;
8.2. W2 Pro is of legal age to work and perform the Gig Services;
8.3. W2 Pro shall use W2 Pro’s best efforts to perform the Gig Services for any Gig Posting that W2 Pro has accepted to the satisfaction of both Qwick and the Business User that submitted the Gig Posting; and
8.4. W2 Pro is not bound by any other agreement that prohibits or limits W2 Pro ’s engagement for Gig Postings or under this W2 PSA.
9. ASSIGNMENT AND BINDING EFFECT. This W2 PSA and the Gig Services contemplated hereunder are personal to you and you shall not have the right or ability to assign, transfer or subcontract any rights or obligations under this W2 PSA without the written consent of Qwick. Any attempt to do so shall be void. Qwick may fully assign and transfer this Agreement in whole or part.
10. WAIVERS. Any waiver by Qwick of any terms or provisions hereof shall not constitute a waiver of such term or provision for any other purposes.
11. CONSTRUCTION OF AGREEMENT; ORDER OF PRIORITY; ENTIRE AGREEMENT; PARTIAL INVALIDITY. The headings used in this W2 PSA have been prepared for the convenience of reference only and shall not control, affect the meaning, or be taken as an interpretation of any provisions of this W2 PSA. This W2 PSA has been prepared on the basis of mutual understanding of the parties and shall not be construed against either party by reason of such party’s being the drafter hereof. If any part, term, or provision of this W2 PSA shall be held illegal, unenforceable, or in conflict with any law of a federal, state, or local government having jurisdiction over this W2 PSA, the validity of the remaining portion or portions shall not be affected thereby.
12. MUTUAL AGREEMENT TO ARBITRATE / CLASS ACTION WAIVER
PLEASE READ THIS CAREFULLY. IT AFFECTS YOUR RIGHTS, INCLUDING THE RIGHT TO A JURY TRIAL OR TO PARTICIPATE IN A MASS OR CLASS ACTION.
THE PARTIES AGREE THAT THIS ARBITRATION AGREEMENT IS THE SOLE AND EXCLUSIVE DISPUTE RESOLUTION PROVISION THAT APPLIES TO W2 PROS AND SUPERSEDES ANY OTHER ARBITRATION AGREEMENT CONTAINED IN ANY OTHER AGREEMENT, INCLUDING THE ARBITRATION PROVISION CONTAINED IN THE TERMS.
THIS ARBITRATION AGREEMENT IS INTENDED TO BE A COMPLETE AND EXCLUSIVE STATEMENT OF THE PARTIES’ AGREEMENT WITH RESPECT TO THE SUBJECT MATTER HEREOF, AND SUPERSEDES ALL PRIOR OR CONTEMPORANEOUS COMMUNICATIONS, REPRESENTATIONS, OR AGREEMENTS, WHETHER ORAL OR WRITTEN.
12.1. Exclusive Dispute Resolution Mechanism. The parties agree that to the greatest extent permitted by applicable law, all disputes, claims, or controversies arising out of or relating to this W2 PSA, or the breach, termination, or invalidity hereof, whether based on contract, tort, statute, fraud, misrepresentation, or any other legal theory, (each, a “Dispute”) between the parties (or their representatives, successors, or insurers) will be resolved under the provisions set forth in the sections below, which shall be the exclusive mechanism for resolving any dispute that may arise from time to time between the parties (“Arbitration Agreement”). THE PARTIES UNDERSTAND THAT BY AGREEING TO THESE TERMS, THEY ARE GIVING UP THE RIGHT TO A JURY TRIAL, TO FILE A LAWSUIT IN COURT AGAINST THE OTHER, AND THE RIGHT TO BRING A CLASS OR COLLECTIVE ACTION AGAINST THE OTHER IN COURT OR IN ARBITRATION FOR COVERED DISPUTES (subject to the terms of the California PAGA Individual Action requirement set forth below), regarding any claims covered by this Arbitration Agreement. This Arbitration Agreement applies to Labor Force Group, LLC (“Labor Force”) and its related and affiliated companies, including but not limited to Labor Force’s past and present shareholders, directors, officers, employees, alleged agents, contractors, insurers, parent companies, subsidiaries, affiliates (including Qwick GP, LLC) divisions, successors, and assigns.
12.2. Dispute Notice. In the event of any Dispute arising from or relating to the Terms, W2 PSA or the breach thereof or the access or use of the Site, the parties hereto shall use reasonable efforts to settle the Dispute. To this effect, the parties shall consult and negotiate with each other in good faith and, recognizing their mutual interests, attempt to reach a just and equitable solution satisfactory to both parties. If the parties cannot resolve the Dispute and you would like to proceed with a claim, you must send a written notice to Labor Force of any Dispute (“Dispute Notice”). The Dispute Notice shall contain: (i) a written description of the claim or dispute, supporting information, and relevant documents; (ii) a statement of the proposed resolution or relief you are requesting; and (iii) your name and mailing address. Any Dispute Notice to Labor Force must be sent to support@qwick.com. Labor Force will assign your Dispute to a designated representative who will contact you to try to resolve the Dispute. You and Labor Force agree to work together in a good faith attempt to resolve the Dispute, and no litigation or arbitration may be commenced until 30 days after the Dispute Notice is received by Labor Force (the “Dispute Resolution Period”). This Dispute Notice provision is an express condition precedent to litigation or binding arbitration of any Dispute. Notwithstanding anything herein to the contrary, any dispute between the parties regarding whether the conditions precedent in this paragraph have been met shall be submitted for resolution to a court of competent jurisdiction.
12.3. Litigation or Arbitration as a Final Resort. If the parties cannot resolve the Dispute during the Dispute Resolution Period, then after the Dispute Resolution Period has expired, you may either (i) commence binding arbitration, or (ii) file an individual claim in small claims court in a court of competent jurisdiction if the amount of your claim does not exceed the applicable small claims court limitation. THESE ARE THE EXCLUSIVE MECHANISMS FOR RESOLVING DISPUTES.
12.4. Waiver of Class Action. THE PARTIES AGREE TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW THAT EACH MAY BRING CLAIMS AGAINST THE OTHER, WHETHER IN ARBITRATION OR COURT, ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, OR REPRESENTATIVE PROCEEDING (“Class Action Waiver”). Further, unless the parties agree otherwise, any appointed arbitrator may not consolidate more than one person’s claims and may not otherwise preside over any form of a representative or class proceeding. Notwithstanding anything herein to the contrary, any dispute between the parties regarding whether this waiver of class, collective, and representative actions is unenforceable, unconscionable, illegal, void, or voidable shall be submitted for resolution to a court of competent jurisdiction. If there is a final judicial determination that any portion of this Arbitration Agreement is unenforceable or unlawful for any reason, (i) any class, collective, coordinated, consolidated, and/or representative claims subject to the unenforceable or unlawful portion(s) shall remain in a court of competent jurisdiction; (ii) the portion of the Class Action Waiver that is enforceable shall be enforced in arbitration or small claims court; (iii) the unenforceable or unlawful portion(s) shall be severed; and (iv) severance of the unenforceable or unlawful portion(s) shall have no impact whatsoever on the enforceability, applicability, or validity of the remaining sections and subsections of these terms or the arbitrability of any remaining claims asserted by you or Labor Force.
12.5. California PAGA Individual Action Requirement. The parties agree to arbitrate California Private Attorney General Act (“PAGA”) claims on an individual basis only. Therefore, any individual claim by you (if applicable) under PAGA to recover civil penalties or other relief arising from alleged violations committed against you must be individually arbitrated under this Arbitration Agreement. The arbitrator is without authority to preside over any PAGA claim you bring on behalf of other putative aggrieved employees or other claim(s) joined by or consolidated with another person’s or entity’s PAGA claim. Notwithstanding anything herein to the contrary, any dispute between the parties regarding whether this California PAGA Individual Action Requirement is unenforceable, unconscionable, illegal, void, or voidable shall be submitted for resolution to a court of competent jurisdiction. This California PAGA Individual Action Requirement clause will be severable from this Arbitration Agreement if there is a final judicial determination that it is invalid, unenforceable, unconscionable, void, or voidable. In such case, the PAGA action must be litigated in a civil court of competent jurisdiction — not in arbitration — but the portion of the PAGA Individual Action Requirement that is enforceable will be enforced in arbitration.
12.6. Arbitration Rules and Governing Law. The arbitration will be administered by the American Arbitration Association (“AAA”) in accordance with AAA’s Arbitration Rules (the “AAA Rules”) in effect at the time that the claim is brought unless the parties agree otherwise in writing. The AAA Rules are available at https://www.adr.org/Rules or by searching for “AAA Arbitration Rules” using a service such as www.google.com or www.bing.com. The arbitration shall be heard by one arbitrator (the “arbitrator”) selected in accordance with the AAA Rules.
12.7. Decisions Regarding Arbitrability. The parties agree that the arbitrator, and not any federal, state, or local court or agency, will have exclusive authority to resolve any disputes relating to the interpretation, applicability, enforceability or formation of this Arbitration Agreement, including any claim that all or any part of this Arbitration Agreement is void or voidable. The arbitrator will also be responsible for determining all threshold arbitrability issues, including whether the Arbitration Agreement or these terms are unconscionable or illusory and any defense to arbitration, including waiver, delay, laches, or estoppel. This provision does not apply to exceptions set forth above regarding whether the conditions precedent to arbitration have been met, regarding the Class Action Waiver, and regarding the California PAGA Individual PAGA Requirement, which interpretation, applicability, enforceability or formation are to be determined by a court of competent jurisdiction and not the arbitrator.
The arbitrator will be either (1) a retired judge, or (2) an attorney licensed to practice law in the state where the arbitration is conducted with experience in the law underlying the dispute. The parties will select the arbitrator from the applicable arbitration provider’s roster of arbitrators. If the parties cannot agree on an arbitrator after a good faith meet and confer effort, then AAA will appoint the arbitrator in accordance with its rules.
Notwithstanding any choice of law or other provision in these terms, the parties agree and acknowledge that this Arbitration Agreement evidences a transaction involving interstate commerce and that the Federal Arbitration Act, 9 U.S.C. §1 et seq. (“FAA”), will govern its interpretation, enforcement, and proceedings. The parties intend to be bound by the FAA for all purposes, including interpretation, implementation, enforcement, and administration of this Arbitration Agreement. The FAA and the AAA Rules shall preempt all state laws to the fullest extent permitted by law.
Any dispute, claim, or controversy arising out of or relating to incidents or accidents resulting in personal injury (including, but not limited to, sexual assault or harassment claims) that you allege occurred in connection with your use of the Site, whether before or after the date you agreed to these terms, shall be governed by and construed in accordance with the laws of the state in which the incident or accident occurred.
12.8. Arbitration Process. In order to initiate arbitration following the conclusion of the Dispute Resolution Period, a Party must provide the other Party with a written demand for arbitration and file the demand with AAA. A Party initiating an arbitration against Labor Force must send the written demand for arbitration to legal@qwick.com, or serve the demand on Labor Force’s registered agent for service of process, c/o Labor Force Group, LLC.
12.9. Arbitrator’s Decision. The arbitrator’s decision will be final and binding on the parties. The arbitrator will provide a reasoned written opinion supporting the decision. The arbitrator can award damages and other relief authorized by applicable law. The arbitrator will have no authority to award punitive or other damages not measured by the prevailing party’s actual damages, except as may be required by statute or applicable law. Judgment on the award rendered by the arbitrator will be binding and final, and may be entered in any court having jurisdiction. Except as required by law, neither the parties nor the arbitrator may disclose the existence, content, or results of any arbitration under this Arbitration Agreement without the prior written consent of both parties. The parties agree to treat all aspects of the arbitration as confidential, as provided by the AAA.
12.10. Application to Third Parties. This Arbitration Agreement shall be binding upon and include any claims brought by or against any third parties, including but not limited to their spouses, heirs, third-party beneficiaries (including Labor Force’s related and affiliated companies, past and present shareholders, directors, officers, employees, alleged agents, contractors, insurers, parent companies, subsidiaries, affiliates (including Qwick GP, LLC) divisions, successors, and assigns), where their underlying claims arise out of or relate to the use of the Site. To the extent that any third-party beneficiary to this Arbitration Agreement brings claims against the parties, those claims shall also be subject to this Arbitration Agreement.
12.11. Exceptions to Arbitration. Notwithstanding the foregoing, each Party has the right to apply to any court of competent jurisdiction for interim relief necessary to preserve the Party’s rights, including pre-arbitration injunctions, and such request will not be deemed incompatible with, or a waiver of, this Arbitration Agreement. This Arbitration Agreement shall not require arbitration of the following claims: (i) individual claims brought in small claims court pursuant so long as the matter remains in such court and advances only on an individual basis; (ii) individual claims of sexual assault or sexual harassment occurring in connection with your use of the Site; (iii) injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of a party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights; (iv) workers’ compensation benefits, state disability insurance benefits or unemployment insurance benefits; and (v) disputes that an applicable federal statute expressly states cannot be arbitrated or subject to a pre-dispute arbitration agreement. Such claims may be brought and litigated in a court of competent jurisdiction on an individual basis only and cannot be brought as a class, collective, coordinated, consolidated, mass, and/or representative action.
The parties’ agreement not to require arbitration does not waive the enforceability of this Arbitration Agreement as to any other provision (including, but not limited to, the waivers provided above, which will continue to apply in court as well as in arbitration), or the enforceability of this Arbitration Agreement as to any other controversy, claim, or dispute.
If either party brings a demand for arbitration or lawsuit containing both arbitrable and non-arbitrable claims, the other party reserves the right to compel arbitration of the arbitrable claims and seek appropriate remedies with respect to the non-arbitrable claims, including but not limited to a stay or dismissal of non-arbitrable claims.
Nothing in this Arbitration Agreement prevents you from making a report to or filing a claim or charge with a government agency, including without limitation the Equal Employment Opportunity Commission, U.S. Department of Labor, National Labor Relations Board, Occupational Safety and Health Administration, or other state/federal law enforcement authorities. Nothing in this Agreement prevents the investigation by a government agency of any report, claim or charge otherwise covered by this Arbitration Agreement. This Arbitration Agreement also does not prevent federal or state administrative agencies from adjudicating claims and awarding remedies based on those claims, even if the claims would otherwise be covered by this Arbitration Agreement. Nothing in this Arbitration Agreement prevents or excuses a party from satisfying any conditions precedent and/or exhausting administrative remedies under applicable law before bringing a claim in arbitration. Labor Force will not retaliate against you for filing a claim with an administrative agency or for exercising rights (individually or in concert with others) under Section 7 of the National Labor Relations Act.
12.12. Arbitration Costs. Labor Force shall be responsible for the arbitrator’s fees and arbitration expenses and any other costs unique to the arbitration hearing and that exceed those costs a Pro User would otherwise incur if the Dispute were heard in court. Each Party shall pay its own deposition, witness, expert, attorneys’ fees, and other expenses to the same extent as if the matter were being heard in court. However, if any Party prevails on a statutory claim that affords the prevailing party the right to recover attorneys’ fees and costs, or if there is a written agreement providing for attorneys’ fees and costs to be awarded to the prevailing party, the arbitrator may award reasonable attorneys’ fees in accordance with the applicable statute or written agreement. The arbitrator shall resolve any dispute regarding the reasonableness of any fees or costs awarded under this Arbitration Agreement. Any disputes regarding a party’s obligation to pay any arbitration fees or costs that arise after an arbitrator is appointed shall be determined solely by the arbitrator based on applicable law.
12.13. Severability and Survival. This Arbitration Agreement shall survive the termination of the Business User or Pro User’s use of the Site. If any provision of these Arbitration Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced to the fullest extent under law.
13. MARKETPLACE TERMS AND SITE TERMS OF USE.
13.1. You and Labor Force agree that nothing in this W2 PSA is intended to alter or supersede the agreements between you and Qwick GP LLC as to use and access to the Marketplace, which shall remain in full force and effect. To the extent that any disputes or claims arise as to the Marketplace, you acknowledge and agree that the terms and conditions of the Terms of Use, Marketplace Terms, and any other Additional Terms applicable to you, including any limitations of liability and indemnification obligations thereunder, shall govern.