This Agreement governs your use of the Hoot Me platform as a Creator — an independent individual or business offering services, events, or experiences discoverable by Businesses or other users ("Clients") through Hoot Me. By creating a profile, publishing a listing, or providing services through Hoot Me, you agree to the terms below.

1. Eligibility

You represent and warrant that:

You are at least 18 years old, or the age of majority in your jurisdiction, whichever is higher.
You have full legal capacity to enter into a binding contract.
You are legally authorized to provide the services you list, in the country/region where you will perform them.
Your use of Hoot Me does not violate any employment agreement, non-compete, visa condition, sanctions restriction, or other legal obligation that applies to you.
If you are listing on behalf of a company, you have authority to bind that company to this Agreement.

2. Global Application & Local Law Precedence

Hoot Me operates across multiple countries. Where a provision of this Agreement conflicts with mandatory local law in your jurisdiction (consumer protection, employment, data protection, or platform-liability law), the mandatory local law governs for that provision only, and the remainder of this Agreement stays in effect. Hoot Me may issue jurisdiction-specific addenda (e.g., for the EU, UK, California, India, Japan) that supplement or override sections below for users in those regions.

3. Independent Contractor Status & Misclassification Protection

You are an independent, self-employed service provider. You are not an employee, worker, partner, joint venturer, agent, or franchisee of Hoot Me, in any jurisdiction.
You set your own prices, hours, methods, equipment, and whether to accept or decline any engagement. Hoot Me does not direct or control the manner or means of your work.
Hoot Me does not provide tools, training, uniforms, or supervision as a condition of using the platform.
You are solely responsible for your own business registration, licensing, insurance, and tax obligations (Section 8).
Jurisdictional note: several markets have specific "gig worker" or platform-worker statutes that can override contractual labels regardless of what this Agreement says — notably the EU Platform Work Directive, UK worker-status case law (post-Uber v Aslam), California's ABC test under AB5, and similar frameworks emerging elsewhere. The actual operational relationship may matter more than the label in those jurisdictions.

4. Accuracy, Identity & Anti-Impersonation

You will provide accurate, current information in your profile and listings.
You will not impersonate any person, business, or brand, or misrepresent your affiliations, credentials, or qualifications.
You will not submit fabricated reviews, portfolios, credentials, or engagement history.
Hoot Me may request identity or business verification at any time; verification does not constitute endorsement or certification of your services.

5. Licenses, Permits & Regulatory Compliance

Certain services may require permits, licenses, venue approvals, insurance, health/safety certifications, or government authorization depending on your location and service category.
You are solely responsible for identifying, obtaining, and maintaining any required approvals before offering or performing services.
Hoot Me does not verify licensing requirements on your behalf and makes no representation about whether your listed services are lawful in a given jurisdiction.

6. Compliance with Applicable Law

You agree to comply with all applicable laws in every jurisdiction where you operate or offer services, including but not limited to: employment and labor law, consumer protection law, tax law, immigration/visa law, advertising and marketing regulation, data protection and privacy law, intellectual property law, health and safety law, anti-bribery and anti-corruption law, and public event/venue regulation.

7. Sanctions, Export Control & Restricted Parties

You represent that you are not located in, or a national or resident of, any country or region subject to comprehensive sanctions by the United States, European Union, United Kingdom, or United Nations, and that you are not listed on any restricted-party or denied-persons list (e.g., OFAC SDN List, UN Security Council sanctions lists, EU consolidated list).
Hoot Me reserves the right to restrict, suspend, or deny platform access to comply with applicable export control and sanctions law.

8. Taxes

You are solely responsible for determining, declaring, and remitting all taxes applicable to your services, including income tax, VAT/GST/sales tax, and withholding obligations, in every relevant jurisdiction.
Where required by law, Hoot Me may collect tax identification information from you and issue relevant tax reporting forms (e.g., 1099-K/1099-NEC in the US, equivalent forms elsewhere).
Hoot Me does not provide tax advice.

9. Immigration & Work Authorization

You confirm you hold valid authorization to perform the services you offer in the country where you perform them.
You acknowledge that certain visa categories restrict or prohibit commercial or self-employed activity, and that you are solely responsible for confirming your own eligibility.
Hoot Me does not verify immigration status and bears no responsibility for a Creator's work-authorization compliance.

10. Insurance

Where appropriate to your service category, you will maintain adequate liability, professional indemnity, equipment, vehicle, or event insurance.
Hoot Me may require proof of insurance for certain high-risk service categories (e.g., physical events, transportation, food service) as a condition of listing.

11. Venue & Third-Party Permissions

If services are performed at a venue you do not own or control (parks, hotels, clubs, restaurants, stadiums, private property, etc.), you are solely responsible for obtaining any required permissions.

12. Public Safety & Professional Conduct

You will perform services safely, responsibly, and without endangering clients, attendees, the public, or property.
You will communicate respectfully and professionally, and will not harass, threaten, discriminate against, defraud, or abuse any user.
Repeated safety complaints, no-shows, or unprofessional conduct may result in suspension or removal under Section 21.

13. Prohibited Services & Conduct

You agree not to offer, promote, or facilitate:

Illegal services of any kind; adult, sexual, or escort services; gambling; drug-related services; counterfeit or stolen goods; weapons-related services; hate speech or content promoting violence; terrorism-related activity; human trafficking or forced labor; financial fraud or pyramid/Ponzi schemes; fake engagement (followers, likes, reviews, comments); copyright or trademark infringement; unauthorized ticket resale; or any service prohibited by applicable law in the jurisdiction where it is offered or performed.

Hoot Me may maintain a jurisdiction-specific supplement to this list where local law prohibits additional categories.

14. Data Protection & Privacy

Roles: Hoot Me acts as data controller (or equivalent) for platform account data, and you act as an independent controller for personal data of Clients you collect while performing services. Where applicable law requires a formal data processing agreement between Hoot Me and Creators handling Client data on Hoot Me's behalf, Hoot Me will make one available.
Your obligations: You will only use Client personal data (contact details, addresses, photos, payment-adjacent information) for the purpose of fulfilling the specific engagement, will not sell or repurpose it for unrelated marketing, and will implement reasonable security measures to protect it.
Regulatory scope: Depending on where you and your Clients are located, you may independently be subject to GDPR (EU/UK), CCPA/CPRA (California), PIPEDA (Canada), India's DPDP Act, Japan's APPI, or equivalent regimes. Compliance with these is your responsibility as an independent data controller for data you collect directly.
Data subject rights: You will reasonably cooperate with Hoot Me and Clients to honor data subject access, deletion, or correction requests concerning data you hold.
Cross-border transfer: Hoot Me may need jurisdiction-specific transfer mechanisms (e.g., EU Standard Contractual Clauses) for platform data moved between the US, India, Japan, and EU.

15. Marketplace Payments, Fees & Escrow

Hoot Me may facilitate payment collection via a third-party payment processor. Where it does, processor terms apply in addition to this Agreement.
Hoot Me's marketplace fee/commission structure will be disclosed at listing time and may vary by region or service category.
Where Hoot Me holds funds temporarily (escrow-style release on service completion), timing and release conditions will be specified in a separate Payments Policy.
Payment disputes between Creator and Client are primarily the parties' responsibility; Hoot Me may offer a resolution process but is not obligated to arbitrate or guarantee outcomes except where required by applicable payment-services law.
Creators operating cross-border payment flows are responsible for compliance with local money-transfer, anti-money-laundering (AML), and know-your-customer (KYC) requirements applicable to their receipt of funds.

16. Cancellations & No-Shows

You will communicate cancellations to Clients as early as possible.
Repeated cancellations, no-shows, or last-minute withdrawals may result in penalties, reduced visibility, or account suspension per Hoot Me's Cancellation Policy.

17. Reviews & Ratings Integrity

You will not manipulate, purchase, or pressure Clients into leaving reviews.
Hoot Me may remove reviews it reasonably believes are fraudulent, coerced, or in violation of this Agreement.

18. Influencer, Advertising & Promotional Compliance

If you provide promotional or influencer-style services through Hoot Me:

You will comply with applicable advertising disclosure law (e.g., FTC guidance in the US, ASA/CAP Code in the UK, and equivalent regimes elsewhere) and disclose paid partnerships where legally required.
You will not purchase or use fake followers, likes, comments, or engagement.
You will not make misleading claims to consumers.

19. Intellectual Property

You represent that you own, or have all necessary rights and permissions to use, any photos, videos, audio, logos, trademarks, or portfolio content you upload.
You grant Hoot Me a non-exclusive, worldwide, royalty-free license to host, display, reproduce, and promote your submitted content solely for operating, marketing, and improving the Hoot Me platform. This license ends when you remove the content, except for content already incorporated into platform marketing materials published before removal.
Hoot Me will respond to valid intellectual property infringement notices (e.g., DMCA in the US, or equivalent notice-and-takedown regimes elsewhere) and may remove infringing content and suspend repeat infringers.

20. Non-Circumvention

For engagements originated through Hoot Me, you agree not to solicit Clients to transact outside the platform for the primary purpose of avoiding applicable platform fees, for a period of [X months] following the introduction. Hoot Me may adjust or waive this where a Client relationship pre-dates the platform introduction.

21. Verification, Background Checks, Suspension & Removal

Hoot Me may request identity verification, business documentation, or (where legally permitted in your jurisdiction) background checks at any time. Passing verification is not a guarantee of future conduct.
Hoot Me may suspend or remove a Creator's account or listings for: fraud, illegal activity, repeated or credible safety complaints, false information, policy violations, IP infringement, regulatory request, or any conduct that may harm users or the platform.
Where feasible, Hoot Me will provide notice and an opportunity to respond before permanent removal, except in cases involving safety risk, fraud, or legal obligation.

22. Platform Role, Disclaimers & Limitation of Liability

Hoot Me is a technology platform that connects Creators and Clients. It does not employ, supervise, direct, endorse, guarantee, or control the quality, safety, timing, or legality of services provided.
To the maximum extent permitted by applicable law, Hoot Me's aggregate liability arising from or related to this Agreement or your use of the platform is limited to the greater of (a) fees paid by you to Hoot Me in the 12 months preceding the claim, or (b) [amount, e.g., $100 / local currency equivalent] — subject to any mandatory consumer protections in your jurisdiction that cannot be limited by contract.
Nothing in this Agreement limits liability that cannot be excluded under applicable law (e.g., liability for gross negligence, willful misconduct, or death/personal injury caused by Hoot Me directly, where local law prohibits such exclusion).

23. Indemnification

You agree to defend, indemnify, and hold harmless Hoot Me and its affiliates, officers, directors, employees, and agents from third-party claims, damages, liabilities, penalties, fines, and reasonable legal costs arising from: your services, your breach of this Agreement, your violation of law, or your infringement of a third party's rights. This obligation is mutual in scope where required by local consumer protection law.

24. Reporting & Law Enforcement Cooperation

Users may report Creator conduct through the platform.
Hoot Me may cooperate with law enforcement or regulators where required by applicable law, and may disclose account information pursuant to valid legal process.

25. Dispute Resolution

Good-faith resolution first: Before initiating a claim, both parties agree to attempt informal resolution by contacting Hoot Me support.
Arbitration (where enforceable): Except where prohibited by local law, disputes not resolved informally will be resolved by binding arbitration on an individual basis, per the rules of [arbitration body, e.g., ICC / SIAC / AAA], rather than in court.
Jurisdictional carve-outs: Mandatory consumer-arbitration restrictions apply in several markets (e.g., the EU generally disfavors mandatory pre-dispute arbitration clauses against consumers; India and other jurisdictions have their own limits). A jurisdiction-specific addendum will govern where this clause is unenforceable, defaulting to courts of competent jurisdiction in the user's home country for consumer disputes.
Class action waiver: To the extent enforceable, disputes will be resolved individually, not as part of a class, collective, or representative action.

26. Governing Law

This Agreement is governed by the laws of [Hoot Me's jurisdiction of incorporation — to be finalized, e.g., Delaware, USA], without regard to conflict-of-law principles, except where mandatory local consumer, employment, or data protection law requires application of local law, per Section 2.

27. General Provisions

Entire Agreement: This Agreement, together with Hoot Me's Terms of Service, Privacy Policy, and any jurisdiction-specific addenda, constitutes the entire agreement between you and Hoot Me regarding your Creator activity.
Severability: If any provision is found unenforceable, the remaining provisions remain in effect.
Assignment: You may not assign this Agreement without Hoot Me's consent; Hoot Me may assign it in connection with a merger, acquisition, or sale of assets.
Force Majeure: Neither party is liable for delay or failure caused by events beyond reasonable control.
Updates: Hoot Me may update this Agreement from time to time. Material changes will be notified with reasonable advance notice (e.g., [30] days) where required by local law; continued use after the effective date of an update constitutes acceptance.
No Waiver: Failure to enforce a provision is not a waiver of the right to enforce it later.

Final Acknowledgment (Required Before Publishing a Listing)

☐ I have read and agree to the Hoot Me Creator & Freelancer Marketplace Agreement.
☐ I confirm I am legally permitted to provide the services I have listed, in the location(s) where I will provide them.
☐ I understand I am solely responsible for licenses, permits, insurance, venue approvals, tax registration, and work authorization applicable to my services.
☐ I understand Hoot Me is a technology platform connecting Creators and Clients, and does not employ, supervise, or endorse my services.
☐ I acknowledge the arbitration and class-action-waiver provisions in Section 25, to the extent enforceable in my jurisdiction.

Hoot Me Creator & Freelancer Marketplace Agreement