Dispatcher / Owner Operator Agreement

Dispatch and Owner-Operator Agreement Terms

This Agreement is made between Crystal Clear Trucking & Transport LLC ("Dispatcher") and the Carrier identified above ("Carrier"). Carrier agrees to the following terms and conditions:

1. Dispatch Services: Dispatcher agrees to provide non-exclusive dispatch services to Carrier, including communication and negotiation with brokers and shippers on Carrier's behalf for load assignments. Carrier retains sole authority to accept or reject any load.
2. Independent Contractor Status: Carrier is an independent contractor and not an employee, agent, or partner of Dispatcher. Carrier is solely responsible for all operations, expenses, and liabilities.
3. Operating Authority and Compliance: Carrier is responsible for maintaining all necessary operating authority, licenses, insurance, and regulatory compliance, including FMCSA and DOT regulations.
4. Insurance and Safety: Carrier shall maintain all required insurance coverage, including cargo and auto liability, and comply with all safety regulations. Carrier shall provide proof of insurance and maintain valid policies throughout the term of this Agreement.
5. Driver Qualification and HOS/ELD Compliance: Carrier is responsible for ensuring all drivers are qualified, hold valid licenses, and comply with Hours of Service and Electronic Logging Device requirements.
6. Rates and Rate Confirmations: Dispatcher will communicate negotiated rates to Carrier. Carrier agrees to perform services at rates confirmed in writing via rate confirmations or dispatch instructions.
7. Dispatch Fee: Carrier agrees to pay Dispatcher the agreed upon dispatch fee as set forth by the parties. This fee is earned upon Carrier's acceptance and completion of each load and shall be paid as agreed in the invoicing or factoring process.
8. Detention, TONU, Layover, and Accessorial Charges: Carrier is responsible for invoicing and collecting any detention, Truck Order Not Used (TONU), layover, or accessorial charges directly from brokers or shippers. Dispatcher may assist in communication but is not liable for payment of such charges.
9. Invoicing and Factoring: Carrier is responsible for invoicing factoring company, brokers or shippers for freight services. If factoring is used, Carrier shall provide accurate factoring information and notify Dispatcher of any changes.
10. Accuracy of Information: Carrier certifies that all information provided in this Agreement and related documents is true, accurate, and complete. Carrier shall promptly notify Dispatcher of any changes.
11. No Guarantee: Dispatcher does not guarantee any minimum number of loads, revenue, or rates. Carrier understands that load availability is subject to market conditions and broker/shippers' demands.
12. Non-Circumvention: Carrier agrees not to circumvent Dispatcher by contracting directly with brokers or shippers introduced by Dispatcher without prior written consent.
13. Termination and Cancellation: Either party may terminate this Agreement with written communication. All outstanding invoices must be paid in full. Termination does not relieve Carrier of obligations for loads accepted prior to termination or payment obligations incurred before termination.
14. Confidentiality: Both parties agree to maintain the confidentiality of proprietary information and not disclose it to third parties without consent.
15. Indemnification and Liability: Carrier agrees to indemnify and hold harmless Dispatcher from any claims arising from Carrier’s operations, acts, or omissions. Dispatcher’s liability shall be limited to direct damages caused solely by Dispatcher’s gross negligence.
16. Electronic Communications and Records: The parties agree that electronic communications, including email and electronic signatures, are valid and enforceable.
17. Governing Law: This Agreement shall be governed by and construed in accordance with the laws of the State of Florida.

Authorization

Carrier hereby authorizes Crystal Clear Dispatch to communicate with brokers, shippers, and related parties on Carrier's behalf for dispatch-related purposes only. Carrier retains the final authority to accept or reject any load or dispatch instruction.