WHEREAS, Company requests {betweenJobble7} [hereinafter called the Self-Employed Delivery Professional] to perform services for it and may request Self-Employed Delivery Professional to perform other services in the future; and
WHEREAS, the Company and Self-Employed Delivery Professional desire to enter into an agreement, which will define respective rights and duties as to all services to be performed;
NOW, THEREFORE, in consideration of covenants and agreements contained herein, the parties hereto agree as follows:
1. Services
Effective from the date above, the Self-Employed Delivery Professional shall provide Company with services (the "Services"), which shall include, without limitation:
(a) Third-party deliveries. This may include, but may not be limited to, utilizing the Company’s software or the Company’s licensed software and receiving regular updates from the Company.
(b) The active working of a minimum of four shifts a week.
2. Changes
(a) Adjustments to Compensation. In the event that any such changes materially impact the cost to the Self-Employed Delivery Professional of performing the Services or the time required for such performance, the parties shall negotiate in good faith a reasonable and equitable adjustment in the applicable Fees and schedule, as applicable.
3. Compensation
(a) Commission Amount. The work performed by Self-Employed Delivery Professional shall be compensated on a commission only basis as set out below:
(i) Commission payable to Self-Employed Delivery Professional per sale: 85% of delivery fee and 100% of any applicable tip.
(ii) Cost to Self-Employed Delivery Professional per sale: $.60 cents per successful delivery.
(b) Payment. All due payments will be directly deposited by the Company to the Self-Employed Delivery Professional on a weekly basis. The first direct deposit will be made on the second week of service to ensure the timely arrival of all future payments. Payments will arrive Friday barring any holiday related delays.
(c) Taxes. Company shall not be responsible for federal, state and local taxes derived from the Self-Employed Delivery Professional's net income or for the withholding and/or payment of any federal, state and local income and other payroll taxes, workers' compensation, disability benefits or other legal requirements applicable to Self-Employed Delivery Professional.
(d) Self-Employed Delivery Professionals are responsible for the orders that they are delivering. To ensure a successful delivery, check to make sure the delivery order matches the list of food displayed by the software. If an order is missing items, the food ends up cold or is otherwise mishandled, the price of the meal/resulting refund will be deducted from the Self-Employed
Delivery Professional’s commission.
(e) Self-Employed Delivery Professionals will not be compensated for having to make multiple deliveries to correct any Self-Employed Delivery Professional related error.
4. Expenses
(a) Payment. Company is not liable for any expenses incurred by performance of the Services on behalf of the Company. Self-Employed Delivery Professional decides how to best provide the Service.
5. Self-Employed Delivery Professional Status
(a) Status. Self-Employed Delivery Professional is a Self-Employed Delivery Professional participating with the Company. Nothing contained in this Agreement shall be construed to create the relationship of employer and employee, principal and agent, partnership or joint venture, or any other fiduciary relationship.
(b) No Employee Benefits. Self-Employed Delivery Professional shall not be entitled to retirement, health insurance or other benefits afforded to employees of Company.
6. Representations and Warranties.
The Company and the Self-Employed Delivery Professional respectively represents and warrants to each other that each respectively is fully authorized and empowered to enter into the Agreement and that their entering into the Agreement and to each parties' knowledge the performance of their respective obligations under the Agreement will not violate any agreement between the Company or the Self-Employed Delivery Professional respectively and any other person, firm or organization or any law or governmental regulation.
7. Confidential Information
Self-Employed Delivery Professional shall not, during the time of rendering services to the Company or thereafter, disclose to anyone other than authorized employees of the Company (or persons designated by such duly authorized employees of the Company) or use for the benefitof Self-Employed Delivery Professional and its employees or for any entity other than the Company, any information of a confidential nature, including but not limited to, information relating to: any such materials or intellectual property; any of the Company projects or programs; the technical, commercial or any other affairs of the Company; or, any confidential information which the Company has received from a third party.
8. Intellectual Property
(a) Return of Property. Upon the termination of this Agreement, Self-Employed Delivery Professional agrees to deliver promptly to Company all unpaid tangible goods and equipment that were provided by the Company.
9. License Grant & Restrictions
The Company hereby grants you a non-exclusive, non-transferable, right to use the Software and Service, subject to the terms and conditions of this Agreement. All rights not expressly granted to you are reserved by the Company and its licensors. You shall not:
a. license, sublicense, sell, resell, transfer, assign, distribute or otherwise commercially exploit or make available to any third party the Service or the Software in any way;
b. modify or make derivative works based upon the Service or the Software;
c. create Internet "links" to the Service or "frame" or "mirror" any Software on any other server or wireless or Internet-based device;
d. reverse engineer or access the Software in order to
e. build a competitive product or service
f. build a product using similar ideas, features, functions or graphics of the Service or Software, or
g. copy any ideas, features, functions or graphics of the Service or Software
h. sub-contract Jobble deliveries to other drivers, including other Jobble Self-Employed Delivery Professionals.
i. have more than one Self-Employed Delivery Professional per vehicle.
j. have passengers accompany you on deliveries.
11. Departnering
(a) Notice of Departnering. This Agreement may be terminated by either the Company or the Self-Employed Delivery Professional at any time for any reason, with or without cause.
(b) Payment Upon Departnering. The Company will pay Self-Employed Delivery Professional for all Services performed by Self-Employed Delivery Professional through the date of departnering.
12. Indemnification
(a) Indemnification by Self-Employed Delivery Professional. Self-Employed Delivery Professional agrees to indemnify and hold harmless Company and its officers, directors, employees and agents, from and against all claims, liabilities, losses, costs, damages, judgments, penalties, fines, attorneys' fees, court costs and other legal expenses, insurance deductibles and all other expenses arising out of or relating to, directly or indirectly, from:
(i) the negligent, grossly negligent, or intentional act or omission of Self-Employed Delivery Professional or its directors, officers, employees, agents or Self-Employed Delivery Professionals,
(ii) Self-Employed Delivery Professional's failure to perform any of its obligations under this Agreement, and
(iii) any act or omission of Self-Employed Delivery Professional in connection with the Work.
(b) Notification. Company will promptly notify Self-Employed Delivery Professional of any claim for indemnification.
(c) Survival. Self-Employed Delivery Professional's obligations under this Section 10 shall survive termination or expiration of this Agreement.
13. General Provisions
(a) Entire Agreement. This Agreement constitutes the entire agreement between the parties, and supersedes all prior agreemen
(b) Counterparts. This Agreement may be executed in counterparts, each of which shall be deemed to be an original, but all of which, taken together, shall constitute one and the same agreement.
(c) Amendment. This Agreement may be amended only by written agreement of the parties.
(d) The Self-Employed Delivery Professional or the company may elect to resolve any claim by individual arbitration. Claims are decided by a neutral arbitrator.
(e) Notices. All notices permitted or required under this Agreement shall be in writing and shall be delivered in person or mailed by first class, registered or certified mail, postage prepaid, to the address of the party specified in this Agreement or such other address as either party may specify in writing. Such notice shall be deemed to have been given upon receipt.
(f) Assignment. This Agreement shall not be assigned by either party without the consent of the other party.
(g) Governing Law. This Agreement shall be governed by and construed in accordance with the laws of California.
THE COMPANY DOES NOT PROVIDE LOGISTICS OR COURIER SERVICES, AND THE COMPANY IS NOT A LOGISTICS CARRIER. IT IS UP TO THE THIRD PARTY COURIER OR LOGISTICS PROVIDER, COURIER OR VEHICLE OPERATOR TO OFFER COURIER SERVICES WHICH MAY BE SCHEDULED THROUGH USE OF THE SOFTWARE OR SERVICE. THE COMPANY OFFERS INFORMATION AND A METHOD TO OBTAIN SUCH THIRD PARTY COURIER SERVICES, BUT DOES NOT AND DOES NOT INTEND TO PROVIDE COURIER SERVICES OR ACT IN ANY WAY AS A COURIER, AND HAS NO RESPONSIBILITY OR LIABILITY FOR ANY COURIER.
This Agreement shall be governed by the laws of the state in which you perform the Service for the Company, without regard to the choice or conflicts of law provisions of any jurisdiction. You and the Company agree that any legal disputes or claims arising out of or related to the Agreement (including but not limited to the use of the Software, or the interpretation, enforceability, revocability, or validity of the Agreement, or the arbitrability of any dispute), that cannot be resolved informally shall be submitted to binding arbitration in the state in which the Agreement was performed. The arbitration shall be conducted by the American Arbitration Association under its Commercial Arbitration Rules, or as otherwise mutually agreed by you and the Company. Any judgment on the award rendered by the arbitrator may be entered in any
court having jurisdiction thereof. Claims shall be brought within the time required by applicable law. You and the Company agree that any claim, action or proceeding arising out of or related to the Agreement must be brought in your individual capacity, and not as a plaintiff or class member in any purported class, collective, or representative proceeding. The arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative, collective, or class proceeding.
No joint venture, partnership, employment, or agency relationship exists between you, the Company or any third party provider as a result of this Agreement or use of the Service or Software. If any provision of the Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced to the fullest extentunder law. The failure of the Company to enforce any right or provision in this Agreement shall not constitute a waiver of such right or provision unless acknowledged and agreed to by the Company in writing. This Agreement comprises the entire agreement between you and the Company and supersedes all prior or contemporaneous negotiations, discussions oragreements, whether written or oral, between the parties regarding the subject matter contained herein.
The Self-Employed Delivery Professional is signing this Agreement on the date stated in the introductory clause.
By clicking "Submit" at the end of this form, you signify that you have read, understood and agree to be bound by Jobble's Terms and Guidelines. Jobble reserves the right to cancel or change these guidelines at any time. Inability to comply with the guidelines listed below may result in termination of your contractual relationship with Jobble.