TRUCK DRIVER INDEPENDENT CONTRACTOR AGREEMENT

TRUCK DRIVER

INDEPENDENT CONTRACTOR AGREEMENT

This Independent Contractor Agreement (“Agreement”) is made between BLACK DOLLAR TRUCKING LLC with a mailing address of ___________________, City of SEATTLE, State of WASHINGTON (“Company”) 

AND 

___________________ of address ___________________, City of ___________________, State of ___________________ (“Contractor/ Driver”). The Company and Contractor shall be known collectively as the “Parties”.

 

WHEREAS this Agreement shall be made effective on the ____ day of ______, 20____

WHEREAS the contract drivers shall be eligible to a ‘Driver to Owner ‘program intended to make the driver an owner of a truck through the program’s benefits.

THE PARTIES AGREE AS FOLLOWS:

  1. Services to Be Performed

Contractor agrees to perform the following services: ____________________________

______________________________________________________________________

____________________________________________________________ (“Services”)

 

  • Payment
    1. In consideration for the Services to be performed by Contractor, Company agrees to pay Contractor in the following manner:
  • The Contractor/ Driver shall be paid 0.5- 0.55 CPM (estimated 100k- 125k miles per year)
  • Additionally, through the Driver to Owner program, the driver shall be entitled to a 20k annual bonus.
  1. Expenses 

The Company shall be responsible for all expenses incurred while performing Services under this Agreement. This includes automobile, truck, and other travel expenses; vehicle maintenance and repair costs; vehicle and other license fees and permits; insurance premiums; road, fuel, and other taxes; fines; radio, pager, and cell phone expenses and all salary, expenses, and other compensation as agreed upon by the parties.

OR

Company shall reimburse Contractor within thirty (30) days after receipt of an itemized statement for the following expenses that are attributable directly to the Services performed under this Agreement: ___________________________________________

[CHANGE THIS SECTION TO SUIT THIS AGREEMENT]

  •  Independent Contractor Status

Nothing contained in this Contract will be construed to create an employer and employee relationship between the Contractor and the Company. The Company and the contractor agree that the contractor is, and at all times during this Contract shall remain, an independent contractor.

  1. Business Licenses, Permits, and Certificates

Contractor represents and warrants that Contractor will comply with all federal, state, and local laws requiring drivers and other licenses, business permits, and certificates required to carry out the Services to be performed under this Agreement.

  1.  State and Federal Taxes

Contractor shall pay all taxes incurred while performing Services under this Agreement—including all applicable income taxes and, if Contractor is not a corporation, self-employment (Social Security) taxes. Upon demand, Contractor shall provide Company with proof that such payments have been made.

  1. Indemnification

Contractor shall indemnify and hold Company harmless from any loss or liability arising from performing Services under this Agreement.

  1. Term of Agreement

This agreement will become effective on the Effective Date after being signed by both parties and will terminate on the earlier of: the date Contractor completes the Services required by this Agreement or the Company or Contractor terminates this Agreement in accordance with Section 

  1. Terminating the Agreement

With reasonable cause, either Company or Contractor may terminate this Agreement, effective immediately upon giving written notice. Reasonable cause includes: A material violation of this Agreement; Any act exposing the other party to liability to others for personal injury or property damage; or either party terminating this Agreement at any time by giving ____ days’ written notice to the other party of the intent to terminate.

  1. Exclusive Agreement 

This is the entire Agreement between Contractor and the Company.

  1. Modifying the Agreement

This Agreement may be modified only in writing and signed by both parties.

  1. Resolving Disputes (check one)

☐ – If a dispute arises under this Agreement, any party may take the matter to ___________________ state court, jurisdiction of the county of ___________________; or

☐ – If a dispute arises under this Agreement, the parties agree to first try to resolve the dispute with the help of a mutually agreed-upon mediator in ___________________ County, State of ___________________. Any costs and fees other than attorney fees associated with the mediation shall be shared equally by the parties. If it proves impossible to arrive at a mutually satisfactory solution through mediation, the parties agree to submit the dispute to a mutually agreed-upon arbitrator in ___________________ County, State of ___________________. Judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction to do so. Costs of arbitration, including attorney fees, will be allocated by the arbitrator.

  1. Confidentiality

Contractor acknowledges that it will be necessary for the Company to disclose certain confidential and proprietary information to Contractor in order for Contractor to perform duties under this Agreement. Contractor acknowledges that disclosure to a third party or misuse of this proprietary or confidential information would irreparably harm the Company. Accordingly, Contractor will not disclose or use, either during or after the term of this Agreement, any proprietary or confidential information of the Company without Company’s prior written permission except to the extent necessary to perform Services on Company behalf. 

Proprietary or confidential information includes: 

The written, printed, graphic, or electronically recorded materials furnished by Company for Contractor to use; Any written or tangible information stamped “confidential,” “proprietary,” or with a similar legend, or any information that Company makes reasonable efforts to maintain the secrecy of; Business or marketing plans or strategies, customer lists, operating procedures, trade secrets, design formulas, know-how and processes, computer programs and inventories, discoveries and improvements of any kind, sales projections, and pricing information; Information belonging to customers and suppliers of Company about whom Contractor gained knowledge as a result of Contractor’s Services to the Company; and Other (if any): _______________________________________________

Upon termination of Contractor’s Services to Company, or at the Company’s request, Contractor shall deliver to Company all materials in Contractor’s possession relating to Company’s business.

Contractor acknowledges that any breach or threatened breach of Section 13 of this Agreement will result in irreparable harm to Company for which damages would be an inadequate remedy. Therefore, Company shall be entitled to equitable relief, including an injunction, in the event of such breach or threatened breach of Section 18 of this Agreement. Such equitable relief shall be in addition to Company’s rights and remedies otherwise available at law.

  • Proprietary Information 

The product of all work performed under this Agreement (“Work Product”), including without limitation all notes, reports, documentation, drawings, computer programs, inventions, creations, works, devices, models, works-in-progress, and deliverables will be the sole property of the Company, and Contractor hereby assigns to the Company all right, title, and interest therein, including, but not limited to, all audiovisual, literary, moral rights and other copyrights, patent rights, trade secret rights, and other proprietary rights therein. Contractor retains no right to use the Work Product and agrees not to challenge the validity of the Company’s ownership in the Work Product. 

Contractor hereby assigns to the Company all right, title, and interest in any and all photographic images and videos or audio recordings made by the Company during Contractor’s work for them, including, but not limited to, any royalties, proceeds, or other benefits derived from such photographs or recordings. 

The Company will be entitled to use Contractor’s name and/or likeness use in advertising and other materials.

  • No Partnership

This Agreement does not create a partnership relationship. Contractor does not have authority to enter into contracts on Company’s behalf.

  • Assignment and Delegation (check one)

☐ – Either Contractor or Company may assign rights and may delegate duties under this Agreement.

☐ – Contractor may not assign or subcontract any rights or delegate any of its duties under this Agreement without Company’s prior written approval.

  • Applicable Law

This Agreement shall be governed under the laws in the State of WASHINGTON without giving effect to conflict of laws principles.

  • Attachments (check one)

☐ – There are no additional attachments or addendums to this Agreement.

☐ – There are additional attachments or addendums to this Agreement described as: ______________________________________________________________________

 

  • Signature Area

Company’s Signature __________________________ Date ____________________

 

Print Name ____________________

 

Contractor’s Signature __________________________ Date ____________________

 

Print Name ____________________

 

Name of Company ____________________ Title of Signer ____________________

 

Taxpayer ID Number (EIN) ____________________

 

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