DELIVERY DRIVER SERVICE CONTRACT
I. The Parties. This Delivery Driver Service Contract (“Agreement”) is entered into as of the date of registration and the driver profile sign up.
AND
Happy to Deliver, LLC, "Client"
with a mailing address of 800 HAMILTON STREET
SUITE 3, SOMERSET, NEW JERSEY 08873
Delivery Driver and Client are each referred to herein as a "Party" and, collectively, as the "Parties."
Prior to the hiring of any driver, the driver may be subject to a complete background check and must provide their driver abstract to the Client.
In order to obtain the position of “Driver” the individual applying must at the satisfaction of the Client provide the following:
- Copy of Drivers License
- Copy of Insurance
- Updated Photograph of the Applicant/Driver
- Written authorization for a complete background check to be completed.
NOW, THEREFORE, FOR AND IN CONSIDERATION of the mutual promises and agreements contained herein, the Client hires the Delivery Driver to work under the terms and conditions hereby agreed upon by the Parties:
II. Term. The term of this Agreement shall commence on ___________________, 20____ and terminate at will
III. The Service. The Delivery Driver agrees to provide the following:
- Contactless Delivery
- Proper Handling of Packages
- Complete digital processes required.
Hereinafter known as the "Service".
Delivery Driver shall provide, while providing the Service, that he/she/they shall comply with the policies, standards, and regulations of the Client, including local, State, and Federal laws and to the best of their abilities.
IV. Payment Amount. The Client agrees to pay the Delivery Driver the following compensation for the Service performed under this Agreement. The Driver will receive 75% of the company invoice
Hereinafter known as the "Payment Amount".
V. Payment Method. The Client shall pay the Payment Amount weekly.
Hereinafter known as the "Payment Method". The Payment Amount and Payment Method collectively shall be referred to as "Compensation".
There will be a two-week deferral of first payment considered a probationary period. Payments will also be weekly.
VI. Inspection of Services.
Any Compensation shall be subject to the Client inspecting the completed Services of the Delivery Driver. If any of the Services performed by the Delivery Driver pursuant to this Agreement are defective or incomplete, the Client shall have the right to notify the Delivery Driver, at which time the Delivery Driver shall promptly correct such work within a reasonable time.
VII. Return of Property
Upon the termination of this Agreement, all property provided by the Client, including, but not limited to, cleaning supplies, uniforms, equipment, and any other items must be returned by the Delivery Driver. Failure to do so may result in a delay in any final payment made by the Client. It is the responsibility of the Delivery Driver to return to the Client’s principal place of business any outstanding Property that is owned by the Client.
VIII. Time is of the Essence. Delivery Driver acknowledges that time is of the essence in regard to the performance of all Services.
IX. Confidentiality. Delivery Driver acknowledges and agrees that all financial and accounting records, lists of property owned by Client, including amounts paid, therefore, client and customer lists, and any other data and information related to the Client's business is confidential ("Confidential Information"). Therefore, except for disclosures required to be made to advance the business of the Client and information which is a matter of public record, Delivery Driver shall not, during the term of this Agreement or after its termination, disclose any Confidential Information for the benefit of the Delivery Driver or any other person, except with the prior written consent of the Client.
- Return of Documents. Delivery Driver acknowledges and agrees that all originals and copies of records, reports, documents, lists, plans, memoranda, notes, and other documentation related to the business of the Client containing Confidential Information shall be the sole and exclusive property of the Client and shall be returned to the Client upon termination of this Agreement or upon written request of the Client.
- Injunction. Client agrees that it would be difficult to measure damage to the Client's business from any breach by the Delivery Driver under this Section; therefore, any monetary damages would be an inadequate remedy for such breach. Accordingly, the Delivery Driver agrees that if he/she/they should breach this Section, the Client shall be entitled to, in addition to all other remedies it may have at law or equity, to an injunction or other appropriate orders to restrain any such breach, without showing or proving actual damages sustained by the Client
- No Release. Delivery Driver agrees that the termination of this Agreement shall not release him/her/they from the obligations in this Section.
X. Taxes. Delivery Driver shall pay and be solely responsible for all withholdings, including, but not limited to, Social Security, State unemployment, State and Federal income taxes, and any other obligations. In addition, Delivery Driver shall pay all applicable sales or use taxes on the labor provided and materials furnished or otherwise required by law in connection with the Services performed.
XI. Independent Contractor Status. Delivery Driver acknowledges that he/she/they are an independent contractor and not an agent, partner, joint venture, nor an employee of the Client. Delivery Driver shall have no authority to bind or otherwise obligate the Client in any manner, nor shall the Delivery Driver represent to anyone that it has a right to do so. Delivery Driver further agrees that in the event the Client suffers any loss or damage as a result of a violation of this provision, the Delivery Driver shall indemnify and hold harmless the Client from any such loss or damage.
XII. Safety. Delivery Driver shall, at his/her/their own expense, be solely responsible for protecting its employees, sub-Delivery Drivers, material suppliers, and all other persons from risk of death, injury or bodily harm arising from or in any way related to the Services or the site where it is being performed (“Work Site”). In addition, Delivery Driver agrees to act in accordance with the rules and regulations administered by federal law and OSHA. Delivery Driver shall be solely responsible and liable for any penalties, fines, or fees incurred.
XIII. Alcohol and Drugs. Delivery Driver agrees that the presence of alcohol and drugs are prohibited on the Work Site and while performing their Services. If the Delivery Driver or any of their agents, employees, or subcontractors are determined to be present or with alcohol or drugs in their possession, this Agreement shall terminate immediately. If the Delivery Driver is under the influence of alcohol or drugs, this Agreement shall terminate immediately.
XIV. Successors and Assigns. The provisions of this Agreement shall be binding upon and inured to the benefit of heirs, personal representatives, successors, and assigns of the Parties. Any provision hereof which imposes upon the Delivery Driver or Client an obligation after termination or expiration of this Agreement shall survive termination or expiration hereof and be binding upon the Delivery Driver or Client.
XV. Default. In the event of default under this Agreement, the defaulted Party shall reimburse the non-defaulting Party or Parties for all costs and expenses reasonably incurred by the non-defaulting Party or Parties in connection with the default, including, without limitation, attorney’s fees. Additionally, in the event a suit or action is filed to enforce this Agreement or with respect to this Agreement, the prevailing Party or Parties shall be reimbursed by the other Party for all costs and expenses incurred in connection with the suit or action, including, without limitation, reasonable attorney’s fees at the trial level and on appeal.
XVI. No Waiver. No waiver of any provision of this Agreement shall be deemed or shall constitute a continuing waiver, and no waiver shall be binding unless executed in writing by the Party making the waiver.
XVII. Governing Law. This Agreement shall be governed by and shall be construed in accordance with the laws in the State of New Jersey.
XVIII. Severability. If any term, covenant, condition, or provision of this Agreement is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remainder of the provisions shall remain in full force and effect and shall in no way be affected, impaired, or invalidated
XIX. Indemnity. The Delivery Driver shall be liable hereunder only for their own gross negligence, willful misconduct or bad faith. The Delivery Driver agrees to indemnify the Happy to Deliver and hold it harmless against any and all liabilities, including judgments, costs and reasonable counsel fees, for anything done or omitted by the Delivery Driver in the execution of this Agreement, except as a result of the Warrant Agent’s gross negligence, willful misconduct or bad faith.
XX. Additional Terms & Conditions.
XXI. Entire Agreement. This Agreement constitutes the entire agreement between the Parties to its subject matter and supersedes all prior contemporaneous agreements, representations, and understandings of the Parties. No supplement, modification, or amendment of this Agreement shall be binding unless executed in writing by all Parties.