SECTION 10: HOLD HARMLESS AND INDEMNIFICATION AGREEMENT
This Hold Harmless and Indemnification Agreement (“Agreement”) is made and entered into by and between On The Dot Screenings, a DOT-compliant Drug & Alcohol Testing Consortium operating in the State of Alabama (“Consortium”), and the undersigned Member (“Member”), whether an individual owner-operator or fleet.
1. Purpose
The purpose of this Agreement is to establish the responsibilities and liabilities of each party and to ensure that the Consortium is protected against certain liabilities that may arise out of its role in providing DOT-compliant testing and related services.
2. Hold Harmless
To the fullest extent permitted by law, the Member agrees to defend, indemnify, and hold harmless On The Dot Screenings, its owners, officers, directors, employees, affiliates, and agents from and against any and all claims, demands, suits, liabilities, losses, damages, fines, penalties, costs, and expenses (including attorney’s fees) arising out of or resulting from:
 - The Member’s failure to comply with DOT regulations (including 49 CFR Part 40 and    Part 382),
- The Member’s failure to act upon Consortium instructions or notifications,
- The Member’s own business operations or decisions, including those related to employment or termination of safety-sensitive employees,
- Misuse or misinterpretation of drug or alcohol test results,
- Any false or misleading information provided to the Consortium by the Member.
3. No Assumption of Employer Role
The Member acknowledges and agrees that On The Dot Screenings acts strictly as a Third Party Administrator (TPA) and Consortium and does not assume the role or responsibilities of the Member's Designated Employer Representative (DER) or employer. The Member retains all duties under FMCSA and DOT regulations for compliance, employee supervision, and reporting.
4. Limitation of Liability
The Consortium shall not be liable for any indirect, incidental, consequential, or special damages, including but not limited to lost profits or business interruption, arising out of or related to services provided under this Agreement.
5. Binding Effect
This Agreement shall be binding upon and inure to the benefit of the parties and their respective heirs, successors, and assigns.
IN WITNESS WHEREOF, the parties have executed this Hold Harmless and Indemnification Agreement as of the date indicated below.