INDEPENDENT CONTRACTOR AGREEMENT.
This Independent Contractor Agreement (hereinafter referred to as the “Agreement”) is made and entered on this ____ day of _____ 2021 (the “effective date”), between Petals To The Metal, 2316 Rhode Island Ave, NE Washington DC 20018, Floral Studio Located at 101580 Metropolitan Ave A, Kensington, MD 20895 (hereinafter referred to as the “Company”), and _______________________, Contact Info: __________________ (herein referred to as the “Driver”).
NOW THEREOF, in consideration of the mutual covenants and promises made by the Parties hereto, the Parties covenant and agree as follows:
- TERM.
The initial term of this Agreement shall be for a period of ___________ [Days/Weeks/Months/Years], commencing on the Effective Date herein.
- SCOPE.
- The Company is contracting the Driver to provide floral delivery services for the Company’s flowers to the Company’s customer/clients. The Driver’s duties shall include:
- _______________________________________________________________.
- _______________________________________________________________.
- _______________________________________________________________.
- The Driver shall be contracted as a ☐daily delivery driver or ☐a holiday delivery driver.
- The Company shall NOT provide any vehicles for the delivery, the Driver shall use his/her own vehicle to make the deliveries. The Driver shall also ensure to have a working cellphone on them at all times.
- The Driver must complete confirmation of the delivery on the FTD Mercury Mobile Plus App, with the required uploaded photo and confirmed order. In the unfortunate event that the Driver experiences issues uploading photos/pictures, the Company shall allow for confirmation without a photo.
- It is the Driver’s responsibility to check and ensure that they leave with all the items listed for each order because missing items shall guarantee non-payment for the order.
- PAYMENT.
- The Driver shall be paid _____ Dollars for the services provided under this Agreement, payment shall be made ☐weekly ☐bi-weekly ☐monthly ☐bi-monthly.
- Non-deliveries. The Company shall not pay for any non-delivered arrangements, and if the non-delivery claim is disputed by the Driver, the Driver shall be responsible for providing proof of delivery.
- Returned Floral Arrangements; this happens in the event of a bad address and/or recipient not home/office. The Company does not pay for returned floral arrangements.
- Missing items. In the unfortunate event that the order receives a complaint about missing items such as missing balloons, chocolates, bear and the floral arrangement, the Driver shall be solely responsible for taking a picture capturing the same or run the risk no pay for the order. In this case, picture can be texted or emailed to Oscar on the day of the delivery to provide time and date for visible evidence.
- RELATIONSHIP BETWEEN THE PARTIES.
The Driver shall be retained as an independent contractor. The Driver 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 Driver’s behalf during the term of this Agreement.
- LIABILITY/INDEMNITY/ASSIGNMENT/WAIVER.
- The Driver understands that they shall be responsible for their health and safety during the term of this Agreement. The Driver shall not hold the Company responsible for any injuries sustained while they are performing their obligations under this Agreement unless such injuries are as a result of the Company’s negligence. The Driver shall defend and indemnify the Company against any and all injury claims.
- This Agreement shall be binding upon and inure to the benefit of the Planner and the Client and their respective successors and assigns, provided that the Client may not assign any of their obligations under this Agreement without the Planner’s prior written consent.
- 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 Driver 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
- DISPUTE RESOLUTION.
In the event of disputes arising about the execution of this Agreement and/or performance of obligations stated herein, the Parties shall solve such issues through a mediation process.
- TERMINATION/CANCELLATION.
- Parties agree that either Party can terminate/cancel this Agreement at any given time, provided that the intending Party provides the other Party a _____ Day Written Notice on the termination/cancellation. The Company shall ensure to pay the Driver for service provided before the termination/cancellation is made effective.
- The Company may cancel/terminate this Agreement at any time without notice if the Driver violates any of the terms stated. The Company may cancel/terminate the Agreement if Driver fails to deliver the floral arrangement and/or because of the Driver’s inappropriate behavior with recipients they are delivering to or within the floral studio with other staff.
- MODIFICATION.
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.
- GOVERNING LAW AND JURISDICTION.
This Agreement shall be governed by and construed in accordance with the laws of the State of Maryland, USA. Exclusive jurisdiction and venue shall be in Maryland, USA.
IN WITNESS WHEREOF, this Agreement has been executed by the parties as of the Effective Date.
COMPANY: _____________ ___________________ ___________
(SIGNATURE) (NAME) (DATE)
DRIVER: _____________ ________________________ ___________
(SIGNATURE) (NAME) (DATE)
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