This Agreement sets forth the
terms and conditions whereby you agree to provide certain services (described in âContractor
Dutiesâ) to Jackrabbit:
1. Contractor Duties
a. The Company hereby engages you, and you hereby accept such engagement, as
an independent contractor to provide certain services to the Company
(âContractor Dutiesâ) on the terms and conditions set forth in this Agreement.
b. You shall provide to the Company the following Contractor Duties:
i. Contractor Duties means performing the services of a food delivery driver,
picking up meals at various restaurants and delivering them to homes,
businesses, hotels, etc. for a fixed fee for each job completed to the
Companyâs Satisfaction.
2. Independent Contractor Compensation
a. As full compensation for the Contractor Duties you perform, the Company shall
pay you a fee per delivery on completion of the Contractor Duties to the
Companyâs satisfaction.
b. Each delivery performed by Contractor will be directed and implemented by
Contractor based upon his/her availability and utilizing his/her own resources.
3. Independent Contractor Status and Relationship of the Parties:
a. You are an independent contractor of the Company, and this Agreement shall not
be construed to create any association, partnership, joint venture, employee, or
agency relationship between you and the Company for any purpose. You have no
authority (and shall not hold yourself out as having authority) to bind the
Company and you shall not make any agreements or representations on the
Companyâs behalf without the Companyâs prior written consent.
b. Without limiting Section 2 above, you will not be eligible to participate in any
vacation, group medical or life insurance, disability, profit sharing or retirement
benefits, or any other fringe benefits or benefit plans offered by the Company to
its employees, if any.
c. The Company will not be responsible for withholding or paying any income,
payroll, Social Security, or other federal, state, or local taxes, making any
insurance contributions, including for unemployment or disability, or obtaining taxes.
f. The Company will not provide, nor deduct and/or pay premiums for, nor will you
expect Jackrabbit to provide for, Workerâs Compensation insurance.
g. You acknowledge and understand that the Company is not currently bound by
Floridaâs Workerâs Compensation Statute and thus, you will not seek to claim
benefits from the Company for any reason under Workerâs Compensation laws.
h. At no time and under no circumstances will you be considered to be an employee
of the Company for any purposes at any time.
i. You are solely responsible for any travel or other costs or expenses incurred by
you in connection with the performance of the Contractor Duties, and in no event
shall the Company reimburse you for any such costs or expenses.
j. The Company shall not control the manner or means by which you perform the
Contractor Duties, including but not limited to the time and place you perform the
Contractor Duties.
k. You shall furnish, at your own expense, the equipment, supplies, and other
materials used to perform the Contractor Duties.
l. In the event that Jackrabbit is found liable or responsible for the items
specified in Section 3(c) above, you agree and acknowledge that you will
reimburse and indemnify Jackrabbit for all costs and fees and any judgment or
award associated with such liability or responsibility.
4. Indemnification
a. You shall defend, indemnify, and hold harmless the Company and its affiliates
and their officers, directors, employees, agents, successors, and assigns from and
against all losses, damages, liabilities, deficiencies, actions, judgments, interest,
awards, penalties, fines, costs, or expenses of whatever kind (including reasonable
attorneysâ fees) arising out of or resulting from:
i. bodily injury, death of any person or damage to real or tangible, personal
property resulting from your acts or omissions that may result while
making deliveries for Jackrabbit; and I have read and understand this page.
ii. your breach of any representation, warranty, or obligation under
this Agreement.
b. The Company may satisfy such indemnity (in whole or in part) by way of
deduction from any payment due to you.
5. Confidentiality
a. You acknowledge that you will have access to information that is treated as
confidential and proprietary by the Company, including, without limitation, trade
secrets and information pertaining to its business operations and strategies,
customers, pricing, marketing, finances,, and other confidential information.
b. You agree to treat all Confidential Information as strictly confidential, not to
disclose Confidential Information or permit it to be disclosed, in whole or part, to
any third party without the prior written consent of the Company in each instance,
and not to use any Confidential Information for any purpose except as required in
the performance of the Contractor Duties. You shall notify the Company
immediately in the event you become aware of any loss or disclosure of any
Confidential Information.
6. Representations and Warranties
You represent and warrant to the Company that you have:
a. a valid Driverâs License
representative has physically seen and verified expiration date on Driverâs
License),
b. no felony traffic-related convictions,
c. the Florida state-required minimum (or more) liability and property damage
insurance covering any vehicle you will use in performing the Contractor Duties,
and,
d. Provided proof of insurance for any vehicle to be used while performing
Contractor Duties, including policy number, expiration date, and limits before you
started to perform Contractor Duties for the Company.
7. Termination of This Agreement and Other Business Activities
a. You or the Company may terminate this Agreement without cause at any time.
b. At any time, you may be engaged or employed in any other business, trade,
profession, or other activity which does not place you in a conflict of interest with
the Company.
I have read and understand this page.
8. Dispute Resolution
a. Jackrabbit and Contractor agree all claims and disputes arising under or
relating to this Agreement are to be settled by binding arbitration in the state of
Florida or another location mutually agreeable to the parties. The arbitration shall
be conducted on a confidential basis pursuant to the Commercial Arbitration
Rules of the American Arbitration Association, or other mutually agreed upon
arbitration forum and rules. Any decision or award as a result of any such
arbitration proceeding shall be in writing and shall provide an explanation for all
conclusions of law and fact and shall include the assessment of costs, expenses,
and reasonable attorneys; fees. Any such arbitration shall be conducted by an
arbitrator experienced with independent contractors and shall include a written
record of the arbitration hearing. The parties reserve the right to object to any
individual who shall be employed by or affiliated with a competing organization
or entity. An award of arbitration may be confirmed in a court of competent
jurisdiction.
9. Miscellaneous
a. This Agreement may only be amended, modified, or supplemented by an
agreement in writing signed by each party hereto. Any of the terms thereof may
be waived only by a written document signed by each party to this Agreement or,
in the case of waiver, by the party or parties waiving compliance.
b. This Agreement shall be governed by and construed in accordance with the
internal laws of the State of Florida without giving effect to any choice or conflict
of law provision or rule. Each party irrevocably submits to the exclusive
jurisdiction and venue of the federal and state courts located in Hillsborough
County in any legal suit, action, or proceeding arising out of or based upon this
Agreement or the Contractor Duties provided hereunder
c. If any term or provision of this Agreement is invalid, illegal, or unenforceable in
any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any
other term or provision of this Agreement or invalidate or render unenforceable
such term or provision in any other jurisdiction.
d. This Agreement may be executed in multiple counterparts and by facsimile
signature, each of which shall be deemed an original and all of which together
shall constitute one instrument.