Candidate Agreement
At TIG Recruitment Agency LLC d/b/a The Innovative Geeks (“TIG” or “we”), we are committed to representing every candidate with clarity, respect and professionalism. The following terms and conditions, together with any documents expressly incorporated by reference (collectively, this “Agreement”), govern your access to and/or use of the services provided by TIG (the “Services”). By submitting your profile or résumé through our website or intake form, you agree to the following terms.
Please read this Agreement carefully before using the Services. BY SUBMITTING YOUR PROFILE OR Résumé AND UTILIZING THE SERVICES, YOU ACCEPT AND AGREE TO BE BOUND AND ABIDE BY THIS AGREEMENT. IF YOU DO NOT AGREE TO THIS AGREEMENT, YOU MUST NOT ACCESS OR USE THE SERVICES.
1. Right to Represent.
You authorize TIG to represent you and to submit your résumé, profile, employment history or other applicable application materials (“Candidate Materials”) to potential employers for roles that TIG deems reasonably aligned with your background and preferences and that have been discussed with you and approved by you in writing, which approval may be obtained via email, text or other written means. TIG will never submit your résumé to any employer without your explicit approval. You may withdraw your approval at any time prior to TIG’s submission of your Candidate Materials to an employer.
2. No Guarantee; Candidate Responsibility.
TIG does not guarantee employment, engagement, interviews or hiring. You remain solely responsible for evaluating opportunities, negotiating and approving terms of employment or engagement, and making all acceptance decisions. You understand that any offer, employment or engagement will be between you and the applicable employer, not TIG.
3. Introduction Credit Period. If TIG submits your Candidate Materials to an employer, TIG will be credited as the introducing agency for a period of twelve (12) months from the date of submission of your Candidate Materials to such employer (the “Submission Date”).
4. Duration; Revocation. Your authorization for TIG to represent you begins on the date you submit your résumé and/or intake form through TIG’s website (the “Effective Date”) and continues until termination. Either you or TIG may terminate this Agreement at any time by providing written notice to the other party. Termination will not affect (a) TIG’s right to continue processing any ongoing submissions or scheduled interviews for which you have already consented, or (b) any provisions that, by their nature, should survive termination of this Agreement, including, but not limited to Sections 6 and 7.
5. No Employment Relationship. You acknowledge and agree that TIG is an independent contractor hereunder and you are not an employee of TIG. You remain an independent job seeker, and TIG acts solely as a recruitment intermediary. The details of the method and manner for the performance of TIG’s obligations hereunder shall be under TIG’s own control, with you being interested only in the results thereof. TIG maintains its own business insurance, including general liability and professional liability coverage. You understand and agree that you are not an employee of TIG and therefore are not eligible for workers’ compensation, unemployment benefits, health insurance, disability insurance or any other employment-related benefits through TIG. TIG is not responsible for workplace conditions, safety, supervision or any incidents that occur at an employer’s worksite. All employment-related insurance, protections and obligations rest solely with the hiring employer.
6. Accuracy of Information.
You confirm that all Candidate Materials and information you provide to TIG, including your résumé, work history and personal details, are accurate and truthful to the best of your knowledge, and you agree to promptly notify TIG of any material change in such information or your Candidate Materials.
7. Confidentiality.
(a) TIG will treat your information with care and will only share your Candidate Materials with employers you have expressly approved. Notwithstanding the foregoing, TIG reserves the right to disclose your information to the extent required by law, regulation or legal process; provided, that TIG will use its best efforts to limit such disclosures to information that is legally required to be disclosed.
(b) You agree to keep confidential and not use for any purpose other than evaluating opportunities any non-public, proprietary or confidential information of TIG (“TIG Confidential Information”) disclosed by TIG to you in connection with this Agreement. TIG Confidential Information includes, but is not limited to, information regarding TIG’s business, processes or clients. Upon TIG’s request, you agree to promptly return or destroy all documents and other materials received from TIG. TIG shall be entitled to injunctive relief for any violation of this Section.
8. Disclaimers; Limitation of Liability.
(a) YOUR USE OF THE SERVICES AND ANY MATERIALS OBTAINED THROUGH THE SERVICES IS AT YOUR OWN RISK. THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER TIG NOR ANY PERSON ASSOCIATED WITH TIG MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE SERVICES. WITHOUT LIMITING THE FOREGOING, NEITHER TIG NOR ANYONE ASSOCIATED WITH TIG REPRESENTS THAT THE SERVICES WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED OR THAT THE SERVICES OBTAINED THROUGH THE SERVICES WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
(b) IN NO EVENT SHALL TIG BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY LOSS OF USE, REVENUE OR PROFIT, OR LOSS OF DATA OR DIMINUTION IN VALUE, OR FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL OR PUNITIVE DAMAGES, WHETHER ARISING OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE AND WHETHER OR NOT TIG HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
9. Electronic Acceptance.
By submitting your profile or résumé through TIG’s website or intake form, you acknowledge that you have read and agree to this Agreement. Your electronic submission serves as your acceptance of these terms.
10. Governing Law.
This Agreement shall be governed by and construed in accordance with the laws of the State of Ohio, without regard to its conflict of laws principles. Any disputes arising under or in connection with this Agreement shall be subject to the exclusive jurisdiction of the state and federal courts located in Hamilton County, Ohio, and each party irrevocably submits to the exclusive jurisdiction of such courts in any such suit, action or proceeding.
11. Equal Opportunity.
TIG is an equal opportunity recruiter, and facilitates opportunities without discrimination on the basis of any characteristic protectable by applicable law. You may request reasonable accommodations for the Services, and TIG will coordinate in good faith with employers to address such requests in accordance with applicable law.
12. Entire Agreement.
This Agreement constitutes the entire understanding between you and TIG regarding the subject matter herein and supersedes all prior or contemporaneous communications, representations or agreements, whether oral or written. No modification or waiver of any provision shall be effective unless in writing and signed by both parties.
13. Severability.
If any term or provision of this Agreement is invalid, illegal or unenforceable in any jurisdiction, such invalidity, illegality or unenforceability shall not affect any other term or provision of this Agreement or invalidate or render unenforceable such term or provision in any other jurisdiction.
14. Assignment.
You shall not assign any of your rights or delegate any of your obligations under this Agreement without the prior written consent of TIG. Any purported assignment or delegation in violation of this Section will be null and void. No assignment or delegation relieves you of any of your rights or obligations under this Agreement.
15. Waiver.
No waiver by TIG of any of the provisions of this Agreement is effective unless explicitly set forth in writing and signed by TIG. No failure to exercise, or delay in exercising, any rights, remedy, power or privilege arising from this Agreement operates or may be construed as a waiver thereof. No single or partial exercise of any right, remedy, power or privilege arising from this Agreement operates or may be construed as a waiver thereof or the exercise of any other right, remedy, power or privilege.