INDEPENDENT CONTRACTOR AGREEMENT
This Agreement (this “Agreement”) is made effective as of __________________by and between Family Freight Logistics LLC (the “Company”), of _________________, _________________, __________________________________, and _______________________ (the “Employee”), of _________________, _________________, and __________________________________. In this Agreement, the party who is contracting to receive the services shall be referred to as “Company”, and the party who will be providing the services shall be referred to as “Employee.”
- DESCRIPTION OF SERVICES. The Employee will provide the following services (collectively, the “Services”): Truck Driving Services to the Company for at least a year, or under contingency that before they depart from the Company their respective position must be filled.
- PAYMENT FOR SERVICES. The Company will reimburse the Employee a monthly minimum salary of at least 55k.
- TERM/TERMINATION. This Agreement will be binding on the parties in perpetuity. A regular, ongoing relationship of indefinite term is contemplated. The Company has no right to assign services to the Employee other than as specifically contemplated by this Agreement. However, this Agreement may be terminated by non-performance or poor performance of the Driver.
- RELATIONSHIP OF PARTIES. It is understood by the parties that the Employee is an independent Contractor with respect to the Company, and not an employee or partner of the Company. The Company will not provide fringe benefits, including health insurance benefits, paid vacation, or any other employee benefit, for the benefit of the Employee. However, they will cater for gas, insurance, repairs, damages and cosmetic changes expenses. The Employee will be tax exempt and will be required to fill out a 1099 form individually.
It is contemplated that the relationship between the Employee and the Company shall be a non-exclusive one. The Employee also performs services for other organizations and/or individuals. The Company has no right to further inquire into the Employee’s other activities.
- TRAINING. The Company will provide Drivers CDL Training and licensing paid for in full. The expenses incurred by the Company during training will be recouped in a monthly amount.
- CONFIDENTIALITY. Employee may have had access to proprietary, private and/or otherwise confidential information (“Confidential Information”) of the Company. Confidential Information shall mean all non-public information which constitutes, relates or refers to the operation of the business of the Company, including without limitation, all financial, investment, operational, personnel, sales, marketing, managerial and statistical information of the Company, and any and all trade secrets, customer lists, or pricing information of the Company. The nature of the information and the manner of disclosure are such that a reasonable person would understand it to be confidential. The Employee will not at any time or in any manner, either directly or indirectly, use for the personal benefit of the Employee, or divulge, disclose, or communicate in any manner any Confidential Information. The Employee will protect such information and treat the Confidential Information as strictly confidential. This provision shall continue to be effective after the termination of this Agreement. Upon termination of this Agreement, the Employee will return to the Company all Confidential Information, whether physical or electronic, and other items that were used, created, or controlled by the Employee during the term of this Agreement. This Agreement is in compliance with the Defend Trade Secrets Act and provides civil or criminal immunity to any individual for the disclosure of trade secrets: (i) made in confidence to a federal, state, or local government official, or to an attorney when the disclosure is to report suspected violations of the law; or (ii) in a complaint or other document filed in a lawsuit if made under seal.
- INJURIES. The Employee acknowledges the Employee’s obligation to obtain appropriate insurance coverage for the benefit of the Employee (and the Employee’s employees, if any). The Employee waives any rights to recovery from the Company for any injuries that the Employee (and/or Employee’s employees) may sustain while performing services under this Agreement and that are a result of the negligence of the Employee or the Employee’s employees. Employee will provide the Company with a certificate naming the Company as an additional insured party.
- INDEMNIFICATION. The Employee agrees to indemnify and hold harmless the Company from all claims, losses, expenses, fees including attorney fees, costs, and judgments that may be asserted against the Company that result from the acts or omissions of the Employee, the Employee’s employees, if any, and the Employee’s agents.
- NO RIGHT TO ACT AS AGENT. An “employer-employee” or “principal-agent” relationship is not created merely because (1) the Company has or retains the right to supervise or inspect the work as it progresses in order to ensure compliance with the terms of the contract or (2) the Company has or retains the right to stop work done improperly. The Employee has no right to act as an agent for the Company and has an obligation to notify any involved parties that it is not an agent of the Company.
- DISPUTE RESOLUTION. Any disputes arising between the Employee and the Company regarding the subject matter of this Agreement will be solved in good faith through mediation.
- ENTIRE AGREEMENT. This Agreement constitutes the entire contract between the parties. All terms and conditions contained in any other writings previously executed by the parties regarding the matters contemplated herein shall be deemed to be merged herein and superseded hereby. No modification of this Agreement shall be deemed effective unless in writing and signed by the parties hereto.
- WAIVER OF BREACH. The waiver by the Company of a breach of any provision of this Agreement by Employee shall not operate or be construed as a waiver of any subsequent breach by Employee.
- SEVERABILITY. If any provision of this Agreement shall be held to be invalid or unenforceable for any reason, the remaining provisions shall continue to be valid and enforceable. If a court finds that any provision of this Agreement is invalid or unenforceable, but that by limiting such provision it would become valid and enforceable, then such provision shall be deemed to be written, construed, and enforced as so limited.
- APPLICABLE LAW. This Agreement shall be governed by the laws of the State of California.
IN WITNESS WHEREOF, the Parties agree to be bound as follows:
COMPANY
Name: _______________________
Signature: ________________________
Date: _______________________
EMPLOYEE
Name: _______________________
Signature: ________________________
Date: _______________________
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