This Independent Contractor Agreement (“Agreement”) is made and entered into as of Approval by Swerve Repair, by and between on Date Approved by Swerve.
Swerve Industries LLC, doing business as Swerve Repair, a LLC Partnership, with its principal place of business at 8625 S Yukon Street, Littleton, Colorado 80128 (“Company”), and Driver’s Name on file, an independent contractor (“Driver”), with an address at [Driver’s Address on file].
WHEREAS, Company is in the business of providing vehicle repair management services to customers, and WHEREAS, Driver is engaged as an independent contractor to deliver vehicles to and from repair shops for Company; NOW, THEREFORE, in consideration of the mutual covenants and promises contained herein, the Parties agree as follows:
1. Engagement and Scope of Services
- Services: Driver agrees to transport vehicles from customers given location to designated auto repair shops and return the vehicles after repairs are completed. The driver shall perform these services as an independent contractor and not as an employee of the Company.
- Vehicle Handling: The Driver acknowledges and agrees that they are responsible for the care, custody, and control of any vehicle they are driving while engaged in transportation services for the Company. This includes any repairs, maintenance, and delivery of vehicles to and from the repair shop.
- Ramp Swerve Card: The driver will be issued a Ramp Credit Card, that is only usable at auto shop locations, for the specific $ amount, and time frame. Driver’s that proceed to use the Card for other expenses will be charged that $ amount out of pay and be subject to termination.
2. Insurance and Coverage
- Proof of Insurance: Driver represents and warrants that they maintain valid and adequate automobile insurance coverage for the vehicle they are using in connection with the performance of services for the Company, including but not limited to liability insurance, comprehensive coverage, and collision coverage. A copy of the current insurance policy must be provided to the Company upon signing this Agreement and as requested After.
- Coverage Requirements: Driver agrees to carry at least the following minimum insurance coverage: Liability Insurance: $750,000; Comprehensive and Collision Insurance; Hired and Non-Owned Auto Insurance.
3. Liability for Vehicle Damage
- Responsibility for Vehicle Damage: The Driver acknowledges that they will be liable for any damage to the vehicle they are driving during the course of their duties. This includes damage resulting from accidents, theft, vandalism, or any other event that causes harm to the vehicle while in the Driver’s possession.
- Indemnification: Driver agrees to indemnify, defend, and hold harmless the Company, its employees, agents, and affiliates from and against any claims, damages, or losses arising from or relating to the Driver’s handling, operation, or possession of any vehicle while performing services for the Company.
- Accident Reporting: In the event of an accident or any damage to the vehicle, Driver agrees to immediately report the incident to the Company and to their insurance provider. The Driver must cooperate with the Company in any investigation or claims process regarding the incident.
4. Independent Contractor Status
- Independent Contractor: It is expressly agreed that Driver is an independent contractor and not an employee of the Company. Driver is responsible for their own taxes, benefits, and insurance, and will not be entitled to any benefits, including but not limited to health insurance, retirement plans, or worker’s compensation, provided by the Company.
- No Control Over Work: The Company will not control the manner or method by which the Driver performs the services, except for providing general guidelines and directions. The Driver will exercise independent judgment and discretion in carrying out the services outlined in this Agreement.
5. Compensation and Payment
- Payment: In exchange for the services provided, the Driver will be paid the agreed-upon rate of $25-$40 per delivery, payable Daily via Stripe Direct Deposit.
- Expenses: Driver is responsible for all expenses related to the operation of their vehicle, including gas, maintenance, tolls, and any other associated costs. The Company shall not reimburse the Driver for any of these expenses unless explicitly agreed upon in writing.
6. Termination
- Termination by Company: The Company may terminate this Agreement immediately if the Driver breaches any material provision of this Agreement, engages in unlawful activity, or if the Driver fails to maintain appropriate insurance coverage.
- Termination by Driver: The Driver may terminate this Agreement by not accepting Swerves in future.
- Effect of Termination: Upon termination of this Agreement, the Driver shall immediately return any company cards, devices, and equipment.
7. Confidentiality
- Confidential Information: During the term of this Agreement, the Driver may have access to confidential information related to the Company’s operations, including customer data, pricing, business strategies, and other proprietary information. The Driver agrees to keep all such information confidential and to refrain from disclosing it to any third party, except as required by law.
8. Miscellaneous Provisions
- Governing Law: This Agreement shall be governed by and construed in accordance with the laws of the state of Colorado, without regard to its conflicts of law principles.
- Entire Agreement: This Agreement constitutes the entire understanding between the Parties and supersedes all prior or contemporaneous agreements, understandings, representations, and warranties.
- Amendments: Any amendments or modifications to this Agreement must be made in writing and signed by both Parties.
- Severability: If any provision of this Agreement is found to be invalid or unenforceable, the remainder of the Agreement shall remain in full force and effect.
Acceptance
IN WITNESS WHEREOF, the Parties have executed this Independent Contractor Agreement as of the date first above written, and by downloading and accepting Swerve Rides.