MOUNTAIN MOVERS
INDEPENDENT CONTRACTOR AGREEMENT
This Agreement, when accepted by MR ATX Movers LLC DBA Mountain Movers, a Texas limited liability company located at 9600 Great Hills Trl, Suite 150W, Austin, TX 78759 ("Company"), is made as of {date} by and between the Company and {name} ("Contractor").
IN CONSIDERATION of their mutual promises made herein, and for other good and valuable consideration, the parties hereby agree as follows:
1. Scope of Work
The Company engages the Contractor to furnish the work described in the Schedule attached to this Agreement, and incorporated herein by reference as Exhibit A. Contractor agrees to furnish the work at the times scheduled and agreed upon at the amounts specified in the Schedule. The attached Schedule may be modified, from time to time, upon agreement of the parties. If the Company requests modified or additional services, the Contractor shall provide the Company with an estimate of changes to the compensation payable and the impact upon the schedule for completion of the services, if any. The Contractor shall proceed with such modified or additional services only upon receipt of written approval by the Company.
2. Price and Payment
The Company agrees to pay the Contractor in accordance with the price and payment terms set forth in the Schedule attached to this Agreement, and the Contractor agrees to accept such amounts as full payment for its work and to sign such waivers of lien, affidavits and receipts as the Company shall request in order to acknowledge payment. The Contractor acknowledges that its federal employer tax identification number, or social security number in the case of an individual, is correctly set forth in the Schedule attached to this Agreement.
3. Independent Contractor Relationship
The Contractor is an independent contractor and is not an employee, servant, agent, partner or joint venturer of the Company. The Company shall determine the work to be done by the Contractor, but the Contractor shall determine the legal means by which the Contractor accomplishes the work specified by the Company. The Company is not responsible for withholding, and shall not withhold, FICA or taxes of any kind from any payments it owes the Contractor. Neither the Contractor nor its employees shall be entitled to receive any benefits which employees of the Company are entitled to receive and shall not be entitled to workers' compensation, unemployment compensation, medical insurance, life insurance, paid vacations, paid holidays, pension, profit sharing, or Social Security on account of their work for the Company.
4. Business of Contractor
The Contractor represents and warrants to the Company that the Contractor is engaged in an independent calling of providing moving and related services and has complied with all local, state, and federal laws regarding business permits and licenses that may be required to carry out the independent calling and to perform the services specified in this Agreement. Upon request by the Company, the Contractor shall provide the Company with copies of all documents reasonably requested by the Company to verify the Contractor's established business and the representations set forth herein. Notwithstanding any due diligence performed by the Company with respect to the subject matter of these representations, the Contractor shall indemnify and hold the Company, its directors and officers, and its agents and employees, harmless from any and all claims, causes of action, losses, damage, liabilities, costs and expenses, including attorney fees, arising from breach of the representations set forth in this Section.
5. Insurance
The Company shall furnish insurance coverage for all work performed under this Agreement, including general liability insurance, motor vehicle insurance and cargo insurance. The Contractor shall comply with all safety protocols and requirements of the Company's insurance provider. The Contractor shall immediately report any accidents, injuries, or property damage to the Company.
6. Risk and Expenses
The Contractor shall perform the work at its own risk. The Contractor assumes all responsibility for the condition of tools and equipment provided by the Contractor. The Company will not reimburse the Contractor for any expenses incurred by Contractor as a result of services rendered under this Agreement, including, but not limited to, car-related expenses, telephone expenses, or personal equipment costs. Company-provided equipment, vehicles, and moving supplies shall be used in accordance with Company procedures.
7. Indemnity and Warranty
The Contractor shall at all times comply with all applicable laws, statutes, ordinances, rules, regulations and other governmental requirements. The Contractor shall indemnify and hold the Company, its directors and officers, and its agents and employees, harmless from any and all claims, causes of action, losses, damage, liabilities, costs and expenses, including attorney fees, arising from the death of or injury to any person, from damage to or destruction of property, or from breach of the warranties in this Section, arising from the gross negligence, willful misconduct, or criminal acts of Contractor, its agents or employees.
8. Responsibility for Damages
8.1 Contractor Liability for Damages. The Contractor shall be fully responsible and liable for any and all damages caused by the Contractor to:
- Company vehicles, trucks, and equipment
- Customer property, belongings, and real property
- Third-party property
8.2 Payment for Damages. The Contractor agrees that:
Any damages caused by the Contractor's negligence, carelessness, or failure to follow Company procedures shall be the Contractor's financial responsibility
The cost of repairs or replacement for damaged Company vehicles, equipment, or customer property will be deducted from the Contractor's compensation
If damages exceed available compensation, the Contractor agrees to pay the remaining balance within 30 days of receiving an invoice from the Company
The Company will provide written documentation of damages, including photographs, repair estimates, or customer claims
8.3 Reporting Requirement. The Contractor must immediately report any damage to Company property, customer property, or third-party property to the Company, regardless of fault. Failure to report damages may result in immediate termination and full financial liability.
8.4 Insurance Deductibles. If damage results in an insurance claim, the Contractor may be responsible for paying any applicable insurance deductible if the damage was caused by the Contractor's negligence or violation of Company safety procedures.
9. Assignment
The Company may assign any or all of its rights and duties under this Agreement at any time and from time to time without the consent of the Contractor. The Contractor may not assign any of its rights or duties under this Agreement without the prior written consent of the Company.
10. Term and Termination
Time is of the essence in the provision of services under this Agreement. This Agreement is effective as of the date signed by both parties. Both parties acknowledge that additional services may be requested under the agreement. The agreement shall terminate upon Contractor's completion of the services agreed to in accordance with the Schedule attached to this Agreement, unless terminated in accordance with the provisions set forth in this Section. Notwithstanding anything herein to the contrary, the Company reserves the right to terminate this Agreement at any time upon delivery of written notice of termination, and Contractor shall be compensated for all services provided prior to such termination. The Company may terminate this Agreement immediately, however, should Contractor fail to perform any of its obligations hereunder, including without limitation completion of the services provided for herein in a timely manner, damage to customer property through gross negligence, theft, dishonesty, or showing up to work under the influence of drugs or alcohol. The Contractor acknowledges and agrees that its obligations pursuant to Section 8, as well as any obligation to protect confidential information or trade secrets of the Company, shall survive the termination or expiration of this Agreement.
11. Non-Compete Agreement
While this agreement is in effect, Contractor shall not be allowed to be hired independently (directly paid) or work with the customer unless the Contractor pays an exit fee.
After the Contractor has ended the provision of services to the Company, the Contractor agrees to not provide moving services for any customer obtained through the Company without written permission of the Company. The Contractor agrees that they will not provide services for a period of one year after termination of services.
The Contractor may alternatively pay an Exit Fee of $5,000.00 to the Company only after six months of service has been provided to the Company if the Contractor wants to work directly for the customer. The Company shall have no further obligation to the Contractor including scheduling, obtaining work, or any other act performed in the relationship between Company and Contractor.
Liquidated Damages. Should Contractor fail to pay the exit fee and continue to provide services directly to any customer obtained through the Company, then the Contractor agrees to be liable for the sum of $10,000 plus reasonable attorney's fees and costs of collection. The amount of liquidated damages are agreed due to the difficulty of determining the exact amount of monetary damages.
12. Settlement by Arbitration
Any claim or controversy that arises from or is related to this agreement shall be determined through Arbitration in Travis County. The arbitration shall be based upon the Rules of The American Arbitration Association. Any Court in Travis County, Texas with Jurisdiction may enter judgment.
13. Severability
If for any reason, any provision of this agreement is held invalid, all other provisions of this agreement shall remain in effect. If this agreement is held invalid or cannot be enforced, then to the full extent permitted by law any prior agreement between Company (or any predecessor thereof) and the Contractor shall be deemed reinstated as if this agreement had not been executed.
14. Effect of Prior Agreement
This agreement supersedes any prior agreement between the Company or any predecessor of the Company and the Contractor, except that this agreement shall not affect or operate to reduce any benefit or compensation inuring the Contractor of a kind elsewhere provided and not expressly provided in this agreement.
15. Limited Effect of Waiver by Company
Should Company waive breach of any provision of this agreement by the Contractor that waiver will not operate or be construed as a waiver of further breach by the Contractor.
16. Assumption of Agreement by Company's Successors and Assignees
The Company's rights and obligations under this agreement will inure to the benefit and be binding upon the Company's successors and assigns.
17. Oral Agreements are Not Binding
This instrument is the entire agreement of the Company and the Contractor. Oral changes have no effect. It may be altered only by a written agreement signed by the party against whom enforcement of any waiver, change, modification, extension, or discharge is sought.
18. Governing Law
This Agreement shall be governed and construed in accordance with the laws of the State of Texas.
19. Confidentiality
The Contractor acknowledges and agrees (a) that all intellectual property and any other plans, specifications, designs and other documents and materials created pursuant to this Agreement or related to the services to be provided hereunder and any information, work in progress, trade secrets or other secret or confidential matter related to the business or projects of the Company, including customer information, addresses, and business practices, constitute confidential information ("Confidential Information"), and (b) that the Contractor shall not use, copy or disclose to any person, firm or corporation any such Confidential Information, unless such use, copying or disclosure is necessary to accomplish the Contractor's duties hereunder and has been authorized in writing by the Company.
20. Customer Property and Professionalism
The Contractor agrees to:
Handle all customer property with the utmost care and professionalism
Treat customers with respect and courtesy at all times
Maintain professional appearance and conduct while representing the Company
Immediately report any damage to customer property to the Company
Not photograph or share any information about customers or their belongings on social media or any other platform
Comply with all Company safety procedures and protocols
21. Punctuality and Meeting Times
22.1 Agreed Meeting Time. The Contractor shall arrive at the designated meeting point at the time specified by the Company ("Agreed Meeting Time"). The meeting point and time will be communicated in writing by 5:00 PM the day prior to the scheduled service.
22.2 Tardiness Definition. Tardiness is defined as arriving at the designated meeting point after the Agreed Meeting Time.
23. Compensation Deduction for Tardiness
23.1 Tardiness Deduction. If the Contractor is late for the Agreed Meeting Time, the Contractor agrees that their compensation will be reduced by the amount equal to the time wasted by other contractors who were required to wait for the tardy Contractor.
23.2 Calculation of Deduction. The deduction will be calculated as follows:
Each contractor who was required to wait will be compensated at their respective hourly rate for the time spent waiting
The total amount will be deducted from the tardy Contractor's payment for that job or pay period
Example: If two contractors earning $10/hour each wait one hour for a late Contractor, the late Contractor will have $20 deducted from their pay ($10 x 1 hour x 2 contractors = $20)
23.3 Payment Processing. The deduction will be automatically processed from the Contractor's next payment. The Contractor will receive written notification of the deduction amount and calculation.
24. Suspension and Termination for Tardiness
24.1 Suspension. Upon the third tardiness offense within a 12-month period, the Contractor will be suspended from providing services for one (1) week, starting from the date of the third offense.
24.2 Termination for Tardiness. Any additional tardiness offense within one (1) month of the suspension's end will result in automatic termination of this Agreement. The Contractor will be barred from entering into a new contract with the Company for a period of one (1) year from the date of termination.
24.3 Notification. All notifications regarding tardiness, deductions, suspension, or termination will be provided in writing via email or certified mail.
TARDINESS COMPENSATION DEDUCTION ACKNOWLEDGMENT
I specifically acknowledge and agree to the Tardiness Compensation Deduction outlined in Section 23
I understand that if I am late to the Agreed Meeting Time, the amount of money representing the hourly wages of other contractors who had to wait for me will be deducted from my pay. I understand this deduction is calculated based on each waiting contractor's hourly rate multiplied by the time they spent waiting for me.
21. Entire Agreement
This Agreement represents the entire agreement of the parties hereto relating to the subject matter hereof, and any prior agreements, promises, negotiations, or representations, whether oral or written, not expressly set forth in this Agreement are of no force and effect. This Agreement may be modified only by a writing signed by both parties.
CONTRACTOR ACKNOWLEDGMENT AND SIGNATURE
By signing below, I acknowledge that:
I have read and understand this Independent Contractor Agreement in its entirety
I agree to all terms and conditions outlined in this Agreement, including all sections regarding compensation, punctuality, penalties, non-compete provisions, and confidentiality
I understand that I am an independent contractor and not an employee of Mountain Movers
I am responsible for my own taxes and am not entitled to employee benefits
I understand the punctuality requirements and penalty structure outlined in Sections 21-23
I understand the non-compete provisions and exit fee requirements in Section 11
I have had the opportunity to ask questions and seek legal or tax advice regarding this Agreement
I am entering into this Agreement voluntarily
EXHIBIT A
COMPENSATION SCHEDULE
Payment Terms:
Payment Schedule: Weekly
Payment Method: Direct Deposit
Trial Period Compensation:
During the initial trial period, the Contractor will be paid $20.00 per hour. The trial period allows the Company to evaluate the Contractor's work quality, overall attitude, interactions with customers and coworkers, and general performance.
Upon completion of the trial period, the Company will make a new compensation offer based on merit, including but not limited to:
Quality of work performed
Professionalism and attitude
Customer service skills
Punctuality and reliability
Teamwork and cooperation with other contractors
Post-Trial Period Compensation:
After the trial period, compensation will be determined based on merit evaluation. The Company shall pay Contractor $. per one hour block for the services of the Contractor, payable weekly via direct deposit.
For example, if Contractor is paid $25.00 per one hour block after trial period, then the pay schedule would follow considering a minimum of three hours:
3 Hour Block = $75.00
4 Hour Block = $100.00
5 Hour Block = $125.00
6 Hour Block = $150.00
7 Hour Block = $175.00
8 Hour Block = $200.00
Services to be provided include:
Loading and unloading of household goods and commercial items
Packing and unpacking services (when requested)
Furniture assembly and disassembly
Safe transportation of customer belongings
Professional customer service
Other moving-related services as assigned by Company