INDEPENDENT CONTRACTOR AGREEMENT & LIABILITY RELEASE (SAN DIEGO, CA)
By creating an account, completing the application form, and utilizing the Surfing4all digital platform (“Platform”), you (“Instructor”) expressly acknowledge, understand, and agree to the following terms and conditions:
1. Independent Contractor Status
1.1. No Employment Relationship: The Instructor operates strictly as an independent service provider (Independent Contractor). Joining or utilizing the Platform does not create an employment relationship, legal subordination, joint venture, partnership, agency, or franchise between the Instructor and the Platform.
1.2. Operational Autonomy: The Instructor retains full freedom to determine their work schedule, teaching methods, selection of students, and preferred surf locations across San Diego County, as well as the right to accept or decline lesson bookings forwarded by the Platform.
1.3. Equipment Responsibility: The Instructor is solely responsible for procuring, inspecting, and maintaining all gear required for instruction (including softboards, wetsuits, leashes, wax, rashguards, and first-aid kits), ensuring that all equipment is in safe, functional, and seaworthy condition.
2. Certifications, Local Permits, and Compliance (San Diego & California)
2.1. Technical Credentials: The Instructor guarantees holding and maintaining valid, up-to-date surf instructor credentials issued by recognized organizations (e.g., ISA – International Surfing Association or equivalent), alongside current certifications in CPR, AED, First Aid, and Water Rescue / Lifeguarding.
2.2. City & County Permits: The Instructor assumes sole and exclusive responsibility for obtaining, maintaining, and renewing all required municipal permits, commercial beach use permits (including those issued by the City of San Diego Park and Recreation Department or regional coastal authorities), and local business licenses required to conduct paid lessons on public beaches.
2.3. Tax & Legal Obligations: The Instructor acknowledges sole responsibility for all tax reporting and payments (federal, state, and local, including California state self-employment taxes) resulting from earnings processed through the Platform.
3. Safety Responsibility and Ocean Condition Evaluation
3.1. Ocean Risk Assessment: The Instructor acknowledges that ocean surfing is an inherently hazardous activity involving risks of severe physical injury, paralysis, or drowning. The Instructor is exclusively responsible for evaluating ocean, swell, tide, wind, rip current, and marine life conditions prior to and during each lesson. The Instructor must reschedule or cancel any session if ocean conditions pose a threat to student safety.
3.2. Water Quality & Environmental Advisories: The Instructor agrees to monitor water safety advisories, including ocean pollution warnings issued by the County of San Diego Department of Environmental Health and Quality (DEHQ), and refrain from conducting lessons during active beach closures or health advisories.
4. Full Release of Liability and Indemnification (Hold Harmless)
4.1. Limitation of Liability: The Platform functions strictly as an online technology intermediary for connecting students with independent instructors and facilitating payment processing. The Platform shall not be held civilly, criminally, or financially liable for any accidents, injuries, bodily harm, property damage, or fatalities occurring before, during, or after lessons booked through the Platform.
4.2. Duty to Indemnify: The Instructor agrees to defend, indemnify, and hold harmless the Platform, its owners, officers, directors, employees, and agents against any claims, demands, lawsuits, municipal fines, attorney fees, or legal expenses arising from:
Personal injury or property damage caused to students or third parties during a lesson;
Failure to comply with City of San Diego ordinances or California state laws;
Any claim asserting an employment or agency relationship between the Instructor and the Platform.
5. Absence or Irregularity of Licenses and Certifications
In the event that the Instructor operates through the Platform without holding — or with expired — technical credentials, CPR/First Aid certifications, City of San Diego beach permits, or commercial licenses, full civil, criminal, administrative, and financial liability shall rest solely and exclusively upon the Instructor. The Instructor acknowledges that the Platform does not act as a employer or supervisor, and the Platform shall be completely exempt from any joint, vicarious, or secondary legal liability arising from the Instructor’s lack, expiration, omission, or falsification of such documents before students, municipal authorities, or courts of law.
6. FEES, SERVICE COMMISSIONS, AND PAYMENT TERMS (SAN DIEGO OPERATION)
1. Revenue Split and Commission Structure: For every completed surfing lesson booked and processed through the Platform within the jurisdiction of San Diego, California, the total fee paid by the user (“Total Lesson Fee”) shall be distributed as follows:
a) Seventy percent (70%) of the Total Lesson Fee shall be remitted to the Instructor as compensation for the independent instruction services provided (“Instructor Share”).
b) Thirty percent (30%) of the Total Lesson Fee shall be retained by the Platform as a technology licensing and lead generation fee (“Platform Service Fee”).
2. Payment Collection & Disbursement:
a) The Platform acts as an intermediary technology provider and payment processing agent for the Instructor, collecting the Total Lesson Fee from students at the time of booking.
b) Payouts to the Instructor (amounting to 70% of the Total Lesson Fee, calculated in US Dollars – USD) will be transferred to the Instructor’s designated bank account or electronic payout method within 5 business days following the verified completion of the lesson.
3. Tax and Legal Status Compliance under California Law:
a) Independent Contractor Status: The Instructor operates strictly as an independent contractor under applicable US and California laws (including AB 5 / Labor Code guidelines) and acknowledges that this Agreement does not constitute an employer-employee relationship, partnership, or joint venture.
b) Tax Responsibilities: The Instructor is solely responsible for declaring, reporting, and paying all applicable local, state, and federal taxes (including self-employment tax and federal/state income taxes) associated with their 70% share of earnings. The Platform will not withhold any income or payroll taxes on behalf of the Instructor and will issue a Form 1099-NEC or 1099-K as required by applicable IRS regulations.
7. INSTRUCTOR DECLARATION AND ACKNOWLEDGMENT
By clicking the acceptance checkbox on the application form, I expressly declare that:
I have read, understood, and agree to all terms of this agreement;
I am at least 18 years of age and legally authorized to work as an independent contractor in California;
All documents, certificates, and information provided during registration are authentic and accurate;
I acknowledge my full professional independence and sole legal responsibility for the safety of students under my instruction on San Diego beaches.