INDEPENDENT CONTRACTOR.

INDEPENDENT CONTRACTOR.

This Independent Agreement (hereinafter referred to as the “Agreement”) is made and entered on this ____ day of _____ 2021 (the “Effective Date”), between MobiMeals, www.mobimeals.com  Email info@mobimeals.ca (hereinafter referred to as the “Company”), and __________, Contact Info:  ___________, (herein referred to as the “Contractor”).

WHEREAS, the Contractor refers to any drivers and/or couriers using the Company’s App to make deliveries.

NOW THEREOF, in consideration of the mutual covenants and promises made by the Parties hereto, the Parties covenant and agree as follows:

  1. TERM.

The initial term of this Agreement shall be for a period ______ [Days/Weeks/Months/Years] commencing on the Effective Date herein.

  • SCOPE.

The Company offers a delivery Service App platform to deliver food, groceries and/or parcels to customers in the United States and Canada. The Contractors shall use the Company’s App platform to meet potential customers and offer the customers courier/delivery services.

  • PAYMENT.

The Contractor shall earn ____ Dollars per delivery trips made, payments shall be made weekly which shall be a total sum from the delivery trips made plus tips.

  • INDEPENDENT CONTRACTOR.
    • The Contractor shall be retained as an independent contractor.  The Contractor shall be fully responsible for payment of their own income taxes on all compensation earned under this Agreement. The Company shall not withhold or pay any income tax, social security tax, or any other payroll taxes on the Contractor’s behalf during the term of this Agreement.
    • The Contractor and/or the Contractor’s employees understands that they shall not be entitled to any fringe benefits that the Company provides for their employees generally or to any statutory employment benefits, including without limitation worker’s compensation or unemployment insurance.
  • LIABILITY/INDEMNITY/ASSIGNMENT/WAIVER
    • The Company shall not, during the term of this Agreement, be held liable for any injuries sustained by the Contractor while carrying out their obligations under this Agreement, as long as the injuries are not in any way due to the Company’s negligence. The Contractor agrees to indemnify the Company against any claims that may arise from the performance of this Agreement.
    • The Company shall not be held responsible for any loss and/or damages caused by the Contractor to the Company’s customers while they are carrying out their obligations under this Agreement. The Contractor shall assume all responsibility, legal or otherwise, arising from any loss and/or damage caused by them to the customer’s orders. The Contractor agrees to indemnify the Company against any and all such claims.
    • The Contractor shall not assign its rights or obligations under this Agreement without prior Notice or consent of the Company.
    • The waiver by either party of any breach or failure to enforce any of the terms and conditions of this Agreement at any time shall not in any way affect, limit, or waive such Party’s right thereafter to enforce and compel strict compliance with every term and condition of this Agreement.
  • FORCE MAJEURE:

The failure on the part of the Contractor to perform their obligation under this Agreement will not be considered as default if such failure is the result of natural calamities, acts or God, Covid-19, extreme adverse disasters and circumstances beyond the control of the parties. The Contractor shall inform the Company of such inconveniences promptly so that the Company can mitigate the circumstances to avoid having issues with customers.

  • TERMINATION/CANCELLATION.
    • The Parties acknowledge that either Party can terminate/cancel this Agreement at any time provided that they issue a ____ Day Written Notice on the same. The Company shall ensure to pay the Contractor for all work done before the termination/cancellation is made effective.
    • The Company may without notice terminate/cancel this Agreement in the event that the Contractor violates any of the terms stated herein, which includes but is not limited to, Contractor making late deliveries without prior explanation and taking orders and failing to make deliveries.
  • DISPUTE RESOLUTION.

In the event of disputes arising from the execution of this Agreement of from the performance of the obligations stated herein, either Party can serve a notice on the same with an aim of amicably solving the matter. If upon 20 business days after serving the notice the dispute remains unresolved, the Parties shall, in accordance with Arbitration Rules of the ADR institute of Canada, use the services of a private arbitrator to resolve the matter. Parties agree that the arbitration will be conducted on an ad hoc basis and will not be administered by the ADR Institute of Canada.

  • GENERAL PROVISION, DISPUTE RESOLUTION, GOVERNING LAW AND JURISDICTION.
    • This Agreement contains the entire Agreement between the Parties relating to the subject matter hereof and supersedes any and all prior agreements or understandings, written or oral, between the parties related to the subject matter hereof.  No modification of this Agreement shall be valid unless made in writing and signed by both parties hereto.
    • Primarily this Agreement shall be governed by and construed in accordance with the laws of Canada, and have exclusive jurisdiction and venue shall be in Canada. However, this Agreement shall be governed by state laws in in the United States where Mobimeals is available on App.
    • This Agreement shall be binding upon and inure to the benefit of the Company and the Contractor and their respective successors and assigns, provided that the Contractor may not assign any of their obligations under this Agreement without the Company’s prior written consent. 
    • Each party represents and warrants to the other that such party has acted in good faith, and agrees to continue to so act, in the negotiation, execution, delivery, performance, and any termination of this Agreement.

IN WITNESS WHEREOF, this Agreement has been executed by the parties as of the Effective Date.

COMPANY: _____________            ________________________                 ___________

                        (SIGNATURE)                  (NAME)                                             (DATE)

CONTRACTOR: _____________            ________________________              ___________

                                (SIGNATURE)                           (NAME)                                    (DATE)

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