LAST MODIFIED: 09/24/2025
These terms and conditions of Service (“Terms of Service”) constitute a legally binding agreement between YOU and AURUS SECURITY LLC (d/b/a “AURUS SECURITY”), a Delaware Limited Liability Company with an office located at 1111 BRICKELL AVE STE 1000, MIAMI, FL 33131, and its respective parents, subsidiaries, employees, or affiliates, including, without limitation, attorneys, lenders, potential equity and debt sources, accountants, consultants, advisors, and affiliates (collectively, “Aurus”) and also governs your use of Aurus website (www.aurus-security.com), Aurus digital footprint on social media platforms and any related Aurus content or services, including mobile and/or web-based applications.
PLEASE BE ADVISED THAT THESE TERMS & CONDITIONS CONTAIN PROVISIONS THAT GOVERN HOW YOU CAN BRING CLAIMS BETWEEN YOU AND AURUS. THESE TERMS OF SERVICE OUTLINE HOW SUCH CLAIMS ARE RESOLVED, INCLUDING, WITHOUT LIMITATION, ANY CLAIMS THAT AROSE OR WERE ASSERTED BEFORE THE EFFECTIVE DATE OF THESE TERMS OF SERVICE. BY AGREEING TO THESE TERMS AND CONDITIONS OF SERVICE, YOU EXPRESSLY ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTOOD ALL OF THESE TERMS OF SERVICE AND HAVE TAKEN TIME TO CONSIDER THE CONSEQUENCES OF THIS IMPORTANT DECISION.
1. SERVICES. As part of its routine business activity, Aurus may wish to engage qualified and licensed contractors or subcontractor services to provide certain security and related services for Aurus or on behalf of or for the benefit of certain client(s) of Aurus. Aurus may engage You, and You hereby may accept such engagement, to serve as an independent contractor or subcontractor to provide certain security guard and related security services to Aurus directly or on behalf of and/or for the benefit of certain client of Aurus on the terms and conditions set forth in this Agreement. You shall provide the security guard and related security services set forth as communicated by Aurus to you at the time of engagement (the “Services”). At such time, Aurus shall provide You with a description of the Services required which includes specific number of security officers per activity and/or location and per shift; the hours of coverage; the number of supervisory or other management personnel deployed to oversee the performance of the Services; and the applicable hourly rate(s) and/or fees. You shall furnish, at your sole expense, the uniform(s), equipment, vehicle(s), supplies and other materials used by You or by all security officers employed by You if you are a business to perform the Services. Aurus shall provide or cause client(s) of Aurus to provide You with access to the location to the extent necessary for the performance of the Services. The Services shall be rendered in a professional manner consistent with first class security services, and in a manner that is courteous and polite to the public to the extent possible under the circumstances. All Services shall be rendered so as to comply with applicable laws, rules and regulations, including without limitation any rules or regulations promulgated for any of the location by the city, state or other lawful local and federal government authorities. If you are a business, Your employees assigned to perform the Services shall be competent, qualified, properly trained and fully licensed (including but not limited to Florida D License if applicable) to perform all duties or tasks associated with the Services in a manner consistent with the highest industry practices and standards. Prior to assigning your employees to perform the Services, You shall perform a thorough background check on all security officers and shall not assign any security officers to perform the Services if any information disclosed in such background check reveals a criminal conviction or otherwise indicates that such person, in any way, might not perform the Services in accordance with the standards applicable under this Agreement. You also shall subject all security officers performing the Services to be tested for drugs or other illegal substances prior to their being assigned to any location or shall conduct appropriate drug testing periodically thereafter in accordance with prudent industry practices. No security officers or other employees shall be armed with firearms or other lethal weapons while performing the Services except with the prior written consent of Aurus. Your supervisory personnel shall make periodic (but unannounced) visits to the location to ensure compliance by on-site security officers with all requirements relative to the Services as per prudent industry standards. Your security officers shall cooperate with the local police department and other law enforcement agencies that have authority to act in any of the location. Such cooperation shall include filing reports of incidents and calling in law enforcement officers for incidents or events requiring assistance from or intervention by a law enforcement officer. Your security officers shall have the transmitters or communications devices as and when specified by Aurus. If You are a business, prior to commencing the Services, You shall furnish to Aurus copies of all licenses, permits and approvals required by federal, state or local governmental authorities for the performance of the Services by You. If You are a Business, You shall maintain all such licenses, permits or approvals in full force and effect during the term of the Services at Your own expense. If You are an individual, You must maintain all application security (such as Florida security D License) and other professional licenses at all time during the Services.
2. TERMINATION. Aurus, in its sole and absolute discretion, may immediately terminate these Services with respect to You, or generally terminate any request and/or deny location access to the Services or any portion thereof, at any time and for any reason. Any extension of the Term will be subject to mutual written agreement between You and Aurus.
3. MODIFICATION. Aurus reserves the right to modify these terms and conditions and/or its rules, regulations and policies relating to the Services at any time, effective upon communicating in writing an updated version of these Terms to You or posting them on Aurus’s website. You should regularly review these terms & conditions, as your continued performance of the Services after any such changes constitutes your agreement to such changes.
4. FEES. As full compensation for the Services and the rights granted to You in this Agreement, Aurus shall pay You the fees at the hourly or other applicable rates set forth in writing and mutually agreed between the Parties at the time of request for Services. You hereby acknowledge that You are solely responsible for any travel or other costs or expenses, including parking, gas, Uber, Lyft, or other ride share services incurred by You or any of your employees in connection with the performance of the Services, unless otherwise approved in writing by Aurus, and in no event shall Aurus nor any client of Aurus be obligated to reimburse You for any such costs or expenses. Aurus shall pay all undisputed Fees within thirty (30) days. If You are a business, the 30-day period shall start only after Aurus’s receipt of a properly submitted and documented invoice. If You are a business, any invoices submitted for any Fees shall set forth the hours and personnel reflected in the invoice in reasonable detail that allows Aurus to verify the basis for and accuracy of the charges reflected in the invoice. You shall keep and make available for inspection or examination by Aurus all records maintained by the You in connection with furnishing the Services hereunder.
If Aurus cancels part or portion of the Services or terminates this agreement at its sole and absolute discretion, the total fee shall be prorated hourly at the agreed-upon rate (half-hours of service shall be rounded up to the next half hour) and the corresponding payment shall be issued to You.
5. PERSONNEL: You agree not to employ, directly or indirectly, any person who has been employed by Aurus within Three Hundred Sixty (360) days following the last day Aurus employed such person and who has not been also employed by You during the same period. In the event you breach this provision, then, in addition to any and all other remedies to Aurus shall be entitled, you agree to pay Aurus forthwith the sum of Five Thousand Dollars ($5,000.00) per person to cover Aurus recruitment, screening and training costs.
6. COMPANY PROPERTY: You acknowledge and agree that this Agreement is for the providing of Services only, that all equipment furnished by Aurus and/or third-party providers pursuant to this Agreement shall be for the use of Aurus personnel or third-party providers only unless communicated otherwise in writing to You, that title and possession of such equipment shall remain of same at all times, and that at the completion of the Services or as required by Aurus, any or all such equipment shall be promptly returned to the personnel of Aurus and/or of third-party providers. Return of any or all such equipment shall be without prejudice to the rights of Aurus to the collection of any and all amounts potentially due under this Agreement.
7. INDEPENDENT CONTRACTOR: You are an independent contractor or subcontractor of Aurus, and this Agreement shall not be construed to create any association, partnership, joint venture, employee, or agency relationship between You and Aurus for any purpose. You shall have no authority (and shall not hold itself out as having authority) to bind Aurus or any client of Aurus in any manner, and You shall not make any agreements or representations on behalf of Aurus or any client of Aurus without prior written consent from Aurus. Without limiting the above, neither You nor any of your employees shall be eligible to participate in any vacation, group medical or life insurance, disability, profit sharing or retirement benefits, or any other fringe benefits or benefit plans offered by Aurus to its employees. Aurus shall not be responsible for withholding or paying any income, payroll, Social Security, or other federal, state, or local taxes, making any insurance contributions, including for unemployment or disability, or obtaining worker’s compensation insurance on your behalf. You shall be responsible for, and shall indemnify Aurus against, all such taxes or contributions, including penalties and interest, as well as for minimum wage, overtime or other requirements related to your employees. If applicable, any persons employed or engaged by You in connection with the performance of the Services shall be your employees and You shall be fully responsible for them and indemnify Aurus against any claims made by or on behalf of any such employee. In hiring, retaining, compensating or disciplining security guards or other personnel who perform or are to perform the Services, You shall conform with all laws, rules, regulations, executive orders or other legal requirements related to employment that are imposed by any applicable federal, state or local governmental authority. Without limiting the generality of the foregoing, You shall comply with the Federal Civil Rights Act, the Fair Labor Standards Act, the Americans with Disabilities Act and the Labor Management Relations Act. If You are a business, You shall have the right to select the security officers or other employees who shall perform the Services and You shall be solely responsible for issuing instructions to, training and supervising your security officers or your other employees, and to control the method or means by which they perform the duties assigned to them by You. Aurus reserves the right to require You to remove or transfer to a location other than the initial location any security officer or employee whom Aurus has determined in its sole discretion to have engaged in improper conduct, to be unqualified, or to otherwise impose a hazard or threat. Each party shall have no authority to bind of otherwise obligate the other party in any manner other than as per the clauses of this Agreement.
8. INDEMNITY: You shall defend, indemnify and hold harmless Aurus, its affiliates, and their respective officers, directors, departments, employees, representatives, agents, successors and assigns (each an “Indemnified Party” and collectively, the “Indemnified Parties”), from and against all claims, demands, suits, actions, expenses, judgments, obligations, damages, charges, losses and liabilities, deficiencies, actions, judgments, interest, awards, penalties, fines, costs, or expenses of whatever kind (including without limitation the fees and expenses for attorneys, expert witnesses and consultants) that may be imposed upon, incurred by or asserted against arising out of or resulting from: (a) any negligent or tortious act, error or omission attributable in whole or in part to You; and (b) any failure by You to perform your obligations, either express or implied, under this Agreement; and (c) bodily injury, death of any person, or damage to real or tangible, personal or intellectual property resulting from Your negligence or wrongful acts or omissions; (d) any breach of any of Your representations, warranties or obligations under this Agreement. Notwithstanding the foregoing, the indemnification obligation set forth above shall not include any claims, demands, judgments, suits, actions, expenses, losses or liabilities, including costs and attorney’s fees, which are caused solely by the negligence of the Indemnified Party seeking to enforce such obligation. Aurus may satisfy any obligation under such indemnity (in whole or in part) by way of deduction from any payment due You.
You shall give notice to Aurus of any loss, damage, expense, claim, lawsuit, liability, fine or penalty (collectively herein "Claim") related to the Services within thirty (30) days of the occurrence giving rise to the Claim or within ten (10) days of receipt of notice of the Claim.
9. LIABILITY: YOU UNDERSTAND THAT SECURITY SERVICES ARE A HIGH-RISK ENDEAVOUR AND THAT YOU ARE ULTIMATELY RESPONSIBLE FOR YOUR OWN ACTIONS AND PERSONAL SAFETY.
YOU HEREBY AGREE AND ACKNOWLEDGE THAT ENGAGING IN SECURITY GUARD SERVCES AND RELATED SECURITY ACTIVITIES IS INHERENTLY HAZARDOUS AND INVOLVES BOTH KNOWN AND UNANTICIPATED RISK WHICH COULD RESULT IN DAMAGE OR DESTRUCTION OF PROPERTY AND PHYSICAL OR EMOTIONAL INJURY, INCLUDING PARALYSIS OR DEATH, OF YOURSELF OR OF OTHER PERSONS. THESE RISKS INCLUDE BUT ARE NOT LIMITED TO BEING SHOT BY OR SHOOTING YOURSELF OR OTHERS.
YOU HEREBY AGREE AND ACKNOWLEDGE THAT AURUS SHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOST DATA, PERSONAL INJURY, OR PROPERTY DAMAGE RELATED TO, IN CONNECTION WITH, OR OTHERWISE RESULTING FROM YOU PERFORMING OR CAUSING SOMEONE TO PERFORM THE SERVICES, REGARDLESS OF THE NEGLIGENCE (EITHER ACTIVE, AFFIRMATIVE, SOLE, OR CONCURRENT) OF AURUS, EVEN IF AURUS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
AURUS SHALL NOT BE LIABLE FOR ANY DAMAGES, LIABILITY OR LOSSES ARISING OUT OF: (i) YOUR PERFORMANCE OF THE SERVICES OR YOUR INABILITY TO PERFORM THE SERVICES; OR (ii) ANY TRANSACTION OR RELATIONSHIP BETWEEN YOU AND ANY THIRD-PARTY PROVIDER, EVEN IF AURUS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES; OR (iii) ANY SIDE AGREEMENT (WHETHER WRITTEN, ORAL OR IMPLIED) BETWEEN YOU AND A CLIENT OF AURUS. AURUS SHALL NOT BE LIABLE FOR DELAY OR FAILURE IN PERFORMANCE RESULTING FROM CAUSES BEYOND AURUS'S REASONABLE CONTROL. YOU ACKNOWLEDGE THAT THIRD-PARTY PROVIDERS PROVIDING SERVICES REQUESTED BY AURUS FOR YOUR OR YOUR EMPLOYEES’ BENEFIT MAY OFFER RIDESHARING OR CHAUFFEURED TRANSPORTATION SERVICES AND MAY NOT BE PROFESSIONALLY LICENSED OR PERMITTED. YOU ACKNOWLEDGE THAT THIRD-PARTY PROVIDERS ARE NOT OSTENSIBLE AGENTS, APPARENT AGENTS, ACTUAL AGENTS, OR EMPLOYEES OF AURUS.
BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, AURUS’S LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW. THIS PROVISION SHALL HAVE NO EFFECT ON AURUS’S CHOICE OF LAW PROVISION SET FORTH BELOW.
10. INSURANCE: if You are a business, You shall procure and maintain in effect throughout the performance of the Services certain insurance policy, as shall be provided separately to You by Aurus at the time of requesting the Services. Aurus’s potential naming of You as an additional insured shall in no event be construed for any purpose so as to make Aurus or the issuer of such policies liable for the negligence (joint, concurrent, independent, or individual), acts, errors or omissions of You or Your employees.
If You are a business, to the extent available on commercially reasonable terms, all your insurance policies shall provide that they may not be canceled or materially changed without at least thirty (30) days’ prior written notice to Aurus. Certificates of insurance evidencing such coverage shall be in a form reasonably acceptable to Aurus. You shall be responsible for payment of all deductibles or self-insured retentions contained in any insurance required of You under this Agreement. You shall cause the insurers of coverages required herein to waive any rights of subrogation against Aurus and its respective affiliates.
11. ASSGINMENT: You may not assign these Terms without prior written approval of Aurus. Aurus may assign these Terms at any time and without your consent to: (i) a subsidiary or affiliate or third-party provider; (ii) an acquirer of Aurus's equity, business or assets; or (iii) a successor by merger. Any purported assignment by you in violation of this Section shall be void. Subject to the limits on assignment stated above, this Agreement will inure to the benefit of, be binding on, and be enforceable against each of the parties hereto and their respective successors and assigns.
12. FORCE MAJEURE: Aurus shall not be liable for any failure or delay in performance of this Agreement, in whole or in part, where such failure or delay is caused by circumstances beyond Aurus's reasonable control, including but not limited to acts of God, severe weather (including hurricanes), fire, terrorism, vandalism, violent criminal acts, civil riots, war, civil disturbance, labor activity or strike, court order or any other cause outside Aurus’s exclusive and direct control.
13. ENTIRE AGREEMENT: This agreement supersedes all previous agreements, oral or written, between Aurus and you and represents the entire agreement between the parties. No other agreements or representations, oral or written, have been made.
14. SEVERABILITY: The provisions of this Agreement are severable, and the invalidity or ineffectiveness of any part thereof shall not affect or impair the validity and effectiveness of the remaining parts of provisions of this Agreement. Aurus’s failure to enforce any right or provision in these Terms shall not constitute a waiver of such right or provision unless acknowledged and agreed to by Aurus in writing.
15. NOTICE: Aurus may give notice to You by means of text message to any phone number provided by You in the application, WhatsApp message or similar messaging system, electronic mail to the email address provided by You to Aurus as part of the application or by written communication sent by first class mail or pre-paid post to the address provided by You in the application. Such notice shall be deemed to have been given upon the expiration of 48 hours after mailing or posting (if sent by first class mail or pre-paid post) or at the time of sending (if sent by email, telephone, or on or through the Services). Notwithstanding the foregoing, notice of any modifications to these Terms shall be effective upon posting an updated version of these Terms on Aurus’s website or as communicated to You. You may give notice to Aurus, with such notice deemed given when received by Aurus, at any time by first class mail or pre-paid post to our registered agent for service of process. If another provision of these terms addresses any specific notice, those specific notice provisions shall prevail to the extent there is any conflict or inconsistency between those provisions and this notice provision.