INDEPENDENT CONTRACTOR AGREEMENT
Package Delivery Service

I. Services

• Contractor will provide package pickup, transport, and delivery services, including related tasks such as scanning, obtaining delivery confirmations, and basic customer interactions as needed (the “Services”).
• Contractor will supply and use a smartphone or compatible device to access Company’s delivery platform or other designated applications.
• Contractor will determine the method, details, and means of performing the Services, subject to reasonable safety, security, and compliance requirements.

II. Term and Termination

• Term: This Agreement begins on the Effective Date and continues until terminated as provided herein.
• Termination for Convenience: Either Party may terminate this Agreement at any time upon 7 days’ written notice.
• Termination for Cause: Either Party may terminate immediately upon written notice if the other Party materially breaches this Agreement and fails to cure within 1 day after notice (if curable), or in the event of illegal, unsafe, fraudulent, or grossly negligent conduct.

III. Independent Contractor Status

• Contractor is an independent contractor and not an employee, partner, joint venturer, agent, or representative of Company.
• Contractor is solely responsible for all taxes, withholdings, and other statutory, regulatory, or contractual obligations of any kind, including income tax, self-employment tax, and workers’ compensation.
• Contractor has no authority to bind Company to any contract or obligation.

IV. Compensation

• Rates:
  • Kennesaw Location:
    • 1 - 90 Packages: $1.10 per package per day
    • 91 - 140 Packages $1.20 per package per day
    • 141 + Packages $1.30 per package per day
  • Forest Park Location:
    • 1 - 90 Packages: $1.50 per package per day
    • 91 - 140 Packages: $1.60 per package per day
    • 141 + Packages: $1.75 per package per day

• Invoices/Settlement: Compensation will be calculated and paid weekly on Friday’s via direct deposit. Your first pay is held for 2 weeks, then you are paid weekly thereafter.

• Adjustments: Undelivered, returned, or rejected packages, will not be paid.

• No Withholdings/Benefits: No benefits (health, retirement, PTO, unemployment insurance) are provided by Company to Contractor.

V. Expenses, Equipment, and Vehicle

• Vehicle and Equipment: Contractor will provide and maintain, at Contractor’s expense, a roadworthy vehicle appropriate for deliveries, smartphone, charger, data plan, and any additional tools needed to perform the Services.
• Insurance and Licensing: Contractor must maintain a valid driver’s license, current vehicle registration, and at least the minimum required automobile liability insurance under applicable Georgia law, and will provide proof upon request.
• Reimbursements: Company will reimburse pre-approved, reasonable, and necessary expenses supported by receipts and submitted within 7 days.

VI. Safety and Compliance

• Laws and Policies: Contractor will comply with all applicable federal, state, and local laws, traffic regulations, DOT rules, and Company’s safety, security, and package handling policies provided to Contractor.
• Substance-Free: Contractor will not perform Services while impaired by alcohol, illegal drugs, or misused prescription medication.
• Package Handling: Contractor will safeguard packages from loss, theft, or damage; follow signature, photo, or scan protocols; and promptly report incidents, accidents, or losses.

VII. Background Checks and Eligibility

• To the extent permitted by law and with any required authorizations, Contractor agrees to background screenings and motor vehicle record checks reasonably requested by Company and at initiation of contract. Contractor is encouraged to provide their own Motor Vehicle Report (MVR) and Background Screening, is completed within the prior 6 months of the contract date, otherwise the Company will complete both and the cost will be deduct 50% of the charged amount from the contractor’s first settlement.
• Contractor represents that they are legally authorized to perform the Services in the jurisdiction(s) where they will operate.

VIII. Non-Exclusivity; Subcontracting

• Non-Exclusive: Company has no obligation to assign a minimum number of deliveries, and Contractor is free to provide services to others, provided this does not interfere with timely, safe completion of the Services.
• Subcontracting/Delegation: Contractor may not subcontract or delegate the Services.

IX. Confidentiality and Data Security

• Confidential Information: Contractor may receive nonpublic information, including customer data, delivery routes, access codes, pricing, business methods, and technical information (“Confidential Information”).
• Obligations: Contractor will use Confidential Information solely to perform the Services, safeguard it using reasonable measures, and not disclose it to third parties except as authorized in writing or required by law.
• Return/Destruction: Upon request or termination, Contractor will return or securely destroy Confidential Information (including deleting it from personal devices), except for records retained as required by law.

X. Intellectual Property: Records

• IP: Any Company-provided materials, software, logos, and documentation remain Company property. Contractor acquires no rights other than a limited, revocable right to use them to perform the Services.
• Records: Delivery records, route data, and performance metrics collected through Company systems are Company property.

XI. Privacy: Communications

• Contractor will comply with applicable privacy and data protection laws when handling personal data of customers or third parties.
• Contractor consents to receiving necessary service-related communications (including by phone, text, push notifications, and email) for dispatching, updates, and issue resolution, subject to applicable law.

XII. Non-Solicitation and Non-Interference

• During the Term and for 24 months thereafter, Contractor will not intentionally solicit Company’s delivery customers introduced through the Services for competing delivery services, except with Company’s prior written consent. This does not restrict Contractor’s general advertising or work with third parties not specifically solicited from Company’s customer list.
• Contractor will not interfere with Company’s relationships with its employees, contractors, vendors, or customers.

XIII. Representations and Warranties

Contractor represents and warrants that:

• They are duly qualified and have the experience and capacity to perform the Services safely and lawfully.
• All information provided to Company (licenses, insurance, identity) is accurate and will be kept current.
• They will perform the Services in a professional, timely, and professional manner.

IV. Indemnification

• Contractor will indemnify, defend, and hold harmless Company and its members, managers, employees, and agents from and against claims, damages, liabilities, fines, costs, and expenses (including reasonable attorneys’ fees) arising out of or related to: (a) Contractor’s performance of the Services; (b) Contractor’s negligence, willful misconduct, or violation of law; (c) bodily injury, death, or property damage caused by Contractor; or (d) breach of this Agreement.
• Company will indemnify Contractor for third-party claims to the extent arising from Company’s gross negligence or willful misconduct.

V. Limitation of Liability

• To the maximum extent permitted by law, neither Party will be liable for indirect, incidental, special, consequential, or punitive damages. Company’s aggregate liability under this Agreement will not exceed the total fees paid or payable to Contractor in the three (3) months preceding the event giving rise to liability, except for unpaid fees, breach of confidentiality, or indemnification obligations.

VI. Insurance

• Contractor must maintain during the Term: (a) auto liability insurance with limits at or above applicable legal minimums (b) any cargo coverage required by law; and (c) workers’ compensation coverage if required by law for any personnel engaged by Contractor.
• Upon request, Contractor will provide current certificates of insurance.

VII. Compliance with Classification Laws

• The Parties intend an independent contractor relationship. The Parties will not take actions inconsistent with independent contractor status. If a governmental authority reclassifies Contractor as an employee, Parties will cooperate in good faith to comply with applicable law, without expanding Company’s obligations beyond what the law requires.

VIII. Notices

• All notices under this Agreement must be in writing and delivered to the addresses above (or as updated in writing) by personal delivery, certified mail (return receipt requested), or recognized overnight courier, and are deemed given when received.

XIX. Assignment

• Contractor may not assign this Agreement without Company’s prior written consent. Company may assign this Agreement to an affiliate or in connection with a merger, acquisition, or sale of assets with notice to Contractor.

XX. Governing Law; Dispute Resolution

• Governing Law: This Agreement is governed by the laws of the State of Georgia, without regard to conflict-of-law rules.
• Good Faith Resolution: The Parties will first attempt in good faith to resolve disputes through informal discussions.
• Mediation/Arbitration: If unresolved after 30 days, disputes will be submitted to mediation. If still unresolved, disputes will be finally resolved by binding arbitration administered by an appropriate organization that does mediations. Judgment on the award may be entered in any court of competent jurisdiction. Either Party may seek injunctive relief in court for misuse of Confidential Information or IP.

XXI. Miscellaneous

• Entire Agreement: This Agreement is the entire understanding between the Parties and supersedes all prior discussions regarding the subject matter.
• Amendments: Any amendment must be in a written instrument signed by both Parties.
• Severability: If any provision is unenforceable, it will be modified to the minimum extent necessary to be enforceable, and the remainder will continue in effect.
• Waiver: A waiver of a breach is not a waiver of any other breach.
• Counterparts; E-Signatures: This Agreement may be executed in counterparts and by electronic signatures, each of which will be deemed an original.

XXII. Definitions

• “Package” means any parcel, envelope, or freight item assigned to Contractor for delivery, including any associated labels, barcodes, and documentation.
• “Delivery Policies” means Company’s written guidelines provided to Contractor regarding safety, scanning, delivery windows, signatures, photos, and handling exceptions.