To get started as a mystery shopper with Shoppers’ View. We’ll supply you with guidelines to complete each shop successfully, and you only need to sign up for the specific assignments that appeal to you.Shoppers are welcome to become members of the mystery shopping industry’s association, MSPA North America. Visit their website to learn more about the mystery shopping industry.We also encourage you to learn more about being an independent contractor by visiting the website of It’s My Business, an organization dedicated to protecting the rights of America’s 10.3 million independent contractors.
Terms and Conditions
WHEREAS, Shoppers’ View, from time to time, will arrange for mystery shoppers to perform evaluations of a client site on behalf of the client;
WHEREAS, Contractor, a self-employed professional mystery shopper, seeks to be informed about opportunities to perform mystery shopping projects for Shoppers’ View’s clients; and
WHEREAS, the purpose of this Agreement is to set forth the general terms and conditions that will govern any mystery shopping opportunities that Shoppers’ View offers to Contractor hereunder.
NOW, THEREFORE, in consideration of the mutual promises set forth herein, Shoppers’ View and Contractor hereby agree as follows:
The specific terms and conditions of any client opportunity/project that Shoppers’ View offers to Contractor hereunder shall be set forth in the description of such opportunity. If there is any conflict between the terms or conditions of this Agreement and those contained in a description of an opportunity, the opportunity description shall govern.
All project opportunities will be offered on a project-by-project basis. Shoppers’ View has no obligation to offer Contractor any minimum number of opportunities, and Contractor has no obligation to accept any minimum number of opportunities that Shoppers’ View offers.
The parties’ relationship shall at all time be that of independent contractors, and neither party shall have the right to bind the other, nor to act on behalf of, or as an agent or a representative of the other.
Each party will cooperate with the other in defending against any challenge to the parties’ independent-contractor relationship.
Contractor represents and warrants that (i) it is a self-employed professional mystery shopper, (ii) it does not rely exclusively on Shoppers’ View for obtaining access to client opportunities, but also obtains client projects through other sources, and (iii) it maintains an office for its business that is separate and independent from Shoppers’ View.
Contractor acknowledges that the fees payable for any opportunities offered hereunder are payable by the client for which the services are being performed, albeit through Shoppers’ View, and that if the client does not pay for a project, Contractor will be paid for such project.
Contractor acknowledges and agrees that Contractor’s agreed upon fee for a project obtained hereunder shall constitute its entire compensation for completing the project and that Contractor shall have no right to, and hereby waives any right to seek or accept, any benefits under any benefit programs, such as paid time off, health benefits or retirement benefits, that Shoppers’ View or a client maintains for its respective employees.
This Agreement is nonexclusive. Contractor always has the unqualified right to accept or decline any opportunity offered hereunder, and to perform projects obtained independently of this Agreement. Contractor also acknowledges that Shoppers’ View has contracts with others who are engaged in a business similar to Contractor’s, and that Shoppers’ View will be offering opportunities to those businesses as well.
Contractor shall retain sole control over the means and methods used in performing a project. Contractor is solely responsible for providing any and all tools, supplies, equipment and transportation, and for all expenses that Contractor incurs in connection with the operation of its business and the performance of projects. If a client agrees to reimburse Contractor for any costs or expenses, Shoppers’ View may assist the client in disbursing such sums to Contractor, but under no circumstances will Shoppers’ View provide or be liable for any such reimbursements. All operating costs that Contractor incurs, such as fuel, repairs, motor vehicle insurance, and all costs associated with its own personnel, are Contractor’s sole responsibility. Contractor also is responsible for obtaining any licenses or certificates that are required by law to provide its services.
Contractor represents and warrants that Contractor will not accept any opportunity offered hereunder to perform a mystery shop at a location, if Contractor or any relative of Contractor is employed by, or is otherwise affiliated with the business that owns or operates such location.
Contractor acknowledges that while providing services in connection with a project, Contractor will operate as an independent contractor (and not an employee) and shall be solely responsible for any and all federal, state and local income, unemployment, and payroll taxes, for him/herself and its personnel, and solely responsible for all filing and payment obligations associated with such taxes, including but not limited to federal and state income tax, social security and self-employment taxes, and that Contractor will not be eligible for unemployment insurance benefits, unless unemployment compensation coverage is provided by Contractor or some other entity.
Contractor acknowledges its own responsibility for complying with any applicable workers’- compensation laws at its own expense, and agrees to hold harmless Shoppers’ View and its officers and owners against any liability attributable to any injury incurred by Contractor and any of its personnel while performing services in connection with a project.
Contractor accepts full responsibility for completing a project that Contractor agrees to perform hereunder, including the duty to correct (at Contractor’s sole expense) any project deliverable that is deficient. Contractor also indemnifies and holds harmless Shoppers’ View from and against any liability attributable to the acts and/or omissions of Contractor and its personnel in connection with Contractor’s performance of, or promise to perform, a project hereunder.
This Agreement supersedes any and all prior agreements and understandings, oral or written, express or implied, and it may be amended only by a writing signed by both parties.
This Agreement shall be interpreted, construed, and enforced in all respects in accordance with the laws of the State of Michigan except for its conflicts of laws principles. Each party irrevocably consents to the exclusive jurisdiction of the courts of the State of Michigan and the federal courts situated in that state in connection with any action to enforce the provisions of this Agreement, to recover damages or other relief for breach or default under this Agreement, or otherwise arising under or by reason of this Agreement.