Representative agreement
Independent contractor agreement
Between: Cleared NYC LLC ("Cleared", "we", "us"), 200 Vesey Street, Brookfield Place, 24th Floor, New York, NY 10281, and the representative signing below ("you").
Starts: the day you sign. It continues until either of us ends it (see "Ending this agreement").
1. What Cleared does
Cleared helps New York City property owners with summonses heard at the Office of Administrative Trials and Hearings (OATH). We find and sign up the owner, file any request for a new hearing, gather the owner's evidence and prepare a hearing packet. Cleared is not a law firm and does not give legal advice.
2. What you do
For each summons we assign to you and you accept, you:
- appear for the respondent at the OATH hearing, by phone, video or in person as OATH schedules it;
- present the case from the packet we give you, and the respondent's evidence;
- record the result in the Cleared console the same day: the outcome, any penalty imposed, and anything OATH asked for.
You decide how to present each case. We don't direct how you speak at a hearing. You may decline an assignment before it is on a list sent to OATH.
3. Your registration and OATH's rules
- Registration. You confirm you are registered with OATH as a representative under 48 RCNY § 6-23, or are an attorney admitted in New York in good standing. You keep that true for as long as you take assignments. You tell us in the console at once if it lapses, is suspended or is questioned.- Remote appearances. For each hearing date we prepare your list of summonses. It goes to OATH as your list, under your name, by noon 3 business days before the hearing, and you are responsible for it under 48 RCNY § 6-24-a. We list no more than 25 summonses for you on one date, and add nothing to a list after it is sent.
- Authorization. You appear only on summonses for which a signed authorization from the respondent is on file. It is in the console for every summons, and it goes with any email to OATH about the case. You must be able to produce it to OATH on request (48 RCNY §§ 6-16(d)(2), 6-23(b)).
- Conduct. You follow OATH's rules of conduct for representatives (48 RCNY § 6-23). You never promise an outcome to an owner.
4. Your schedule
In the Cleared console you set:
- the weekdays you work;
- the most summonses you want in a calendar month;
- any days off.
We assign hearings only within them. If you can't take a summons, tell us in the console before your list is sent to OATH and we'll reassign it. We send each list by noon 4 business days before the hearing. After the list is sent, you appear for every summons on it. It can move only if OATH grants an exception before the hearing or the hearing is rescheduled (48 RCNY § 6-24-a(d)).
5. Pay
We pay you for each summons you appear on, by calendar month (New York time):
| What | Pay |
|---|---|
| Each summons | $75 |
| Volume bonus: each summons from the 41st to the 100th in a month | +$10 |
| Volume bonus: each summons from the 101st in a month | +$20 |
| Reliability bonus: each calendar quarter with no missed appearance and every result recorded the same day | $500 |
- What counts.
- A summons counts when you appear on it and its result is recorded in the console.
- An adjourned summons counts if you appeared.
- A summons removed from your list before the hearing does not count.
- Missed appearance. This means a summons on your list where you don't appear, unless it was reassigned before your list was sent, or moved by OATH, under section 4. A missed appearance forfeits that month's volume bonus and that quarter's reliability bonus. The $75 is not paid for the summons you missed.
- Example. 120 summonses in a month, with none missed, pays $10,000:
- $9,000 base;
- $600 for the 41st to 100th;
- $400 for the 101st to 120th.
- When. We pay each month's amount in the first 10 business days of the next month. We pay each quarter's reliability bonus with the first payment after the quarter ends.
- How. We pay by transfer through Stripe to the account you set up on Stripe's own pages. We never ask for or keep your bank account number or tax ID; Stripe collects them.
- Statements. The console shows each month's summonses, bonuses and total before we pay. Tell us in the console within 30 days if something is wrong, and we'll correct it in the next payment.
- Expenses and benefits. You pay your own expenses, including your phone line and equipment. You get no benefits, and no equity or ownership in Cleared.
6. Taxes and status
You are an independent contractor, not an employee, partner or agent of Cleared. You are responsible for your own income taxes. We report what we pay you on Form 1099-NEC, issued through Stripe. You may represent other people at OATH, and work for others, as long as it doesn't breach section 8.
7. Confidentiality and owner data
- Owner and case information is confidential. You use it only to appear on the assigned summons.
- You open it in the Cleared console and don't copy it elsewhere, except what OATH needs at the hearing.
- You don't share it with anyone except OATH and Cleared.
- When this agreement ends you delete anything you saved, except what you must keep for OATH under section 3.
This lasts after the agreement ends.
8. Owners and not soliciting
- You don't give owners legal advice outside the hearing, and you don't promise outcomes.
- An owner's questions go to their case chat at Cleared, not to you directly.
- While this agreement runs and for 12 months after, you don't offer your own services to an owner you met through a Cleared assignment for the same summonses or building.
9. Insurance and responsibility
- Cleared holds professional liability (E&O) insurance for its services.
- Each of us is responsible for our own acts and omissions.
10. Ending this agreement
- Either of us can end this agreement at any time, with 14 days' notice in the console or by email. Withdrawing your consent to sign and receive documents electronically counts as your notice.
- Either of us can end it immediately if:
- the other breaks section 3, 7 or 8; or
- your registration lapses.
- When it ends, summonses already on a list sent to OATH are still yours to appear on, unless OATH moves them under section 4.
- We pay everything you earned up to the end.
11. General
- Law and courts. New York law governs. Disputes go to the courts of New York County, with no arbitration, matching the owner engagement letter.
- Whole agreement. This is the whole agreement between us, and changes must be in writing.
- New versions. We may offer a new version. It applies only after you sign it.
12. Signatures
Signed electronically. The record kept with your signature includes:
- your typed name;
- the time (UTC);
- IP address, device and browser;
- this agreement's version;
- the SHA-256 fingerprint of the signed PDF.
Representative: rep name · OATH registration or NY attorney registration number: registration number · Signed signed at
For Cleared NYC LLC: operator name, by electronic signature · signed at