Fixing format of legal contract
CONTRACT
The agreement made and entered into between Select Transport LLC (hereinafter
referred to as the “Company”) and _____________________________ (hereinafter
referred to as the “Driver”)
Whereas, the Company being a For Hire Carrier, operating under authority issued
by the Interstate Commerce Commission or applicable State Agency and Contracted through
Panther Expedited Services for said Agency to utilize vehicular equipment and services in the
Company’s business and to accept services under contract from Panther Expedited Services
in connection with the Company’s business.
Whereas, the Driver is engaged in the business of transporting freight by motor vehicle
shipment as set forth in exhibit “A” on behalf of or pursuant to operating agreements with
private contract, or common carrier or shippers.
1. Company does not agree furnish any specific or minimum number of loads or pounds freight
transportation by the driver at any particular time or any particular place.
. 2. Company warrants that any and all legal or other fees incurred by driver as a result of
default of any or all terms of this agreement shall be the sole responsibility of the Driver.
3. The parties intend and agree that this agreement shall create an “Independent
Contractor” relationship between the parties and not a master-servant, employer-employee,
Or principal agent relationship. Neither party shall have the right to bind the other
by contract or otherwise except as herein specifically provided.
Driver Initial: _____
4. Driver recognizes that the Company’s business of providing motor carrier
transportation services the public is subject to regulation by the Federal Government
acting through various agencies, and by various state and local governments.
The Driver shall have a responsibility to the Company of satisfying state regulatory
requirement, subject at all times to verification by the Company by;
(a) Maintaining the equipment in accordance with all applicable regulations;
(b) Operating the equipment in accordance with all applicable regulations;
(c) The hiring and training of drivers who are qualified under all applicable
regulations and who meet all standards will be verified by Panther Expedited
Services.
The Driver is not to be considered the employees, agents, or servants of the
Company at any time under any circumstances, for any purpose.
(d) Doing all other things necessary to conduct the transportation services
provided in the Agreement accordance with all applicable regulations.
5. Company shall determine the method and manner of performance of
transportation service by Driver under the terms of this agreement. The
Company has and shall retain all responsibility for;
(a) Hiring, paying, setting wages, hours, supervising, training, discipline and
firing all drivers, and other workers necessary for the performance of the Drivers
obligations under the terms of the agreement. Such drivers or other workers are and shall
remain the independent contractors of the Company;
Drivers Initials______
(b) Selecting, purchasing, financing and maintaining the equipment;
(c) Selecting all routes;
6. Driver has and shall retain sole responsibility for all Workers Compensation
benefits, all withholding and employment taxes on himself/herself, or other works necessary
for the performance of the Driver’s obligations under the terms of this agreement. The Driver
assumes the responsibilities of an employer for the performance of the work. Driver agrees to
save and hold harmless the Company from any claim by the Driver, or other workers used by
the Driver, or claims by federal, state or local governments on account of wages, industrial
accident, Workers Compensation claims, withholding and employment taxes, fees, expenses, or
any other actions arising from the Driver’s relationship with its employees. Driver shall furnish
carrier with such evidence of compliance with all of the foregoing as carrier shall reasonably
require.
(a) Further, Driver specifically agrees that if for any reason, and Legal
proceeding, whether at common law or administrative tribunal, state or federal
he/she or any of his/her employees is adjudged or declared to be an employee of the
Company for any purpose (including but not limited to Workers Compensation, any
withholding or payment of taxes, state, or federal, the Driver agrees to indemnify and
hold the Company harmless from any judgment, decree, cost, or expense, including
reasonable attorney’s fees, incurred by the Company, as a result of the Driver having
been declared an employee.
7. Driver agrees to pay for any damages to any equipment of Company which is
being used by or in the control of the Driver regardless of circumstances or time.
Driver Initials ______
8. Company shall pay Driver as set forth in the attached Appendix “B” after
submission by the Driver of the necessary delivery documents and other paperwork
concerning a trip in the service of the records, and such other documents as may be
required by governmental agencies, or carrier’s customers, not specifically mentioned
herein. All freight shall be billed through the Company.
(a) All “fringe” revenue such as demurrage, diversions, returns, surcharges, etc.,
is payable to Driver from Company only upon collection of such revenue from
the customer.
(b) The Driver recognizes that the company incurs empty or deadhead mileage
in dispatching the equipment from place to place in securing loads under the agreement
of Panther Expedited Services. The Driver agrees that the Company is in no way liable
for any payments.
Whatsoever, to the Driver for such miles incurred under this Agreement. Company reserves the
right at its discretion to compensate the Driver for empty miles without waving any of the
provisions of this Agreement.
9. . Company is authorized under this agreement to deduct from any payments to Driver,
any amounts advanced to Driver, any amounts owing for operating supplies, or items purchased
from the Company.
10. If for any reason the Driver shall fail to complete the transport of commodities,
abandons a shipment, or otherwise subject the Company to liability, driver expressly agrees that
the Company shall have the right to complete the shipment by other means and hold the driver
liable.
Driver Initials_____
Driver agrees to reimburse Company for all costs, expenses, or and damages for which
company may be liable as a result of the Drivers said failure.
11. Driver agrees that if the Company is liable for loss caused by Driver, Company may
deduct such loss from Driver, using any or all funds as may be due Driver.
12. Company will provide all the identification required by all governmental agencies.
13. As part of the consideration of and for this Contract, Driver agrees to refrain from
operating the equipment in and for the service of the customers of the Company or its
subsidiaries for a period of one year following the termination or expiration of this agreement.
The Driver hereby specifically agrees and acknowledges that these restraints in this NON-
COMPETE agreement are reasonable in both its geographic scope (which is determined and
Defined by reference to the Company’s customer based served by Driver) and its duration.
Further, the Driver also agrees that these restraints are necessary to protect the Company’s
interests established prior to the signing of this agreement and that it would be an acknowledged
interference with the Company’s business and customer base to violate the terms of this clause.
Further, the Driver agrees that this NON-COMPETE clause is signed voluntarily and for full
and adequate consideration. Finally, the Driver agrees to be bound by the terms hereof under
any laws of any state or the United States that would declare it valid and further agrees to pay
the Company’s attorney’s fees and costs (whether the attorney enforcing the clause and
agreement is an employee of the Company or is an independent contractor, or both
simultaneously) necessary to enforce to terms of this NON-COMPETE clause or this
agreement in general.
Driver Initial______
14. In the event either party commits a material breach of the Agreement, the other
party has the right to terminate the Agreement.
15. This Agreement shall continue in effect for a period of ninety (90) days from
the date written and thereafter continuously unless canceled by either party.
Insurance will be provided by the Company.
16. This Agreement shall be governed by the laws of the State of Ohio.
17. In the event of any clause, sentence, paragraph, or section of this Agreement is
held void or unenforceable, such holding shall not affect the enforceability of any other
provision of the Agreement.
18. Either party may terminate this Agreement by sending to the other party a
written notice of termination by certified mail, return receipt requested at the address
shown in this Agreement. Such termination shall be 14 days after the date of the
postmark of the terminating party.
19. This Agreement shall cancel and void all previous Agreements. This Agreement
constitutes the entire Agreement between the parties and shall not be modified,
altered, changed or amended in any respect unless in writing and signed by both parties.
20. Upon termination of this Agreement by either party the Driver shall pay the
Company for the costs and expenses of transferring any licenses, abase plates, or permits
issued by any State Authority in order to operate the equipment.
Driver Initials______
21. The parties hereto mutually agree to abide by the regulation of the Interstate
Commerce Commission promulgated under 49 U.C. S. 10,922, and such Driver agrees to
reimburse and hold the Company harmless for cargo loss, liability and property damage
caused by the Driver.
22. The contracted Drivers will be subjected to a 15 day probationary period,
allowing the carrier and Driver to determine compatibility. The Driver and the carrier will have the power to discontinue the relationship during this time without cause if either determines incompatibility. If notice is given and driver is on route, completion of the route will award Driver with monies owed to liability for retrieving equipment and loss of revenue, any remaining balance will be awarded Driver less liable expenses
APPENDIX “A”
TO CONTRACT
Company: Driver:
___________________________ __________________________
By: _____________________ By: ___________________________
Title: _______________ Title: _________________
Select Transport LLC Address: _________________________
2593 So Harrington Lane
Lakewood,CO 80227
Executed in Triplicate this ____ day of _____, 2018
APPENDIX “B”
Company: Driver:
___________________________ __________________________
By: _____________________ By: ___________________________
Title: _______________ Title: _________________
Select Transport LLC Address: _________________________
2593 So Harrington Lane
Lakewood,CO 80227
Executed in Triplicate this ____ day of _____, 2018
Team Drivers agree to 55% and solo Drivers 45% of gross earnings to truck plus F.S.C. As a fair wage
with loaded miles per week Drivers will be charged for Fuel and Occupational Insurance. Driver will
be paid 50% of the balance after deductions.
