Independent Contractor Agreement
This Independent Contractor Agreement ("Agreement") sets out the status of the relationship between you ("Driver", "Contractor") and Drivesey, Inc. ("Drivesey", "Company"). It is signed at signup as a condition of using the platform to perform deliveries. The operational rules governing your use of the platform are set out in the Driver Terms of Service; this Agreement governs the nature of the relationship.
1. Independent contractor status
You are an independent contractor of the Customer for each delivery you accept. You are not an employee, agent, partner, joint-venturer, or franchisee of Drivesey for any purpose. Nothing in your use of the platform shall be construed as creating an employment, partnership, or agency relationship.
2. Your independent business
You operate your own business, with the right to:
- Set your own prices on every bid;
- Set your own per-minute wait-fee rate (subject to the platform bounds in the Driver Terms);
- Accept or decline any delivery at your sole discretion, without consequence;
- Operate any other delivery or courier platform or service, or your own independent courier business, concurrently with Drivesey, including while you have the Drivesey app open;
- Choose when, where, and whether to drive;
- Use your own vehicle and supply your own equipment;
- Subcontract or substitute another qualified, Drivesey-verified Driver for an accepted delivery, with the Customer's consent;
- Develop and maintain your own customer relationships separately from the platform.
3. What Drivesey provides
Drivesey provides a software platform that connects you with Customers, processes payments through Stripe Connect, verifies your identity and your insurance status, and offers an optional per-mile commercial insurance program at the broker's pass-through rate. Drivesey does not direct your work, control how you perform deliveries, or require you to follow company-imposed behavioral standards.
4. What Drivesey does NOT do
Drivesey does not:
- Require uniforms, branded apparel, or vehicle decals;
- Impose performance penalties based on acceptance rates;
- Mandate specific equipment (e.g., heated bags), though equipment may be needed to compete for certain orders;
- Provide hourly guarantees, minimum-floor rates, or show-up pay;
- Withhold taxes from your payouts (you are responsible for self-employment tax and quarterly estimated payments);
- Restrict your right to use competing platforms.
5. Insurance and licensing
You are solely responsible for maintaining a valid driver's license, a roadworthy vehicle, and a commercial-use auto insurance policy (or enrollment in Drivesey's per-mile pass-through program) covering each delivery you perform. You acknowledge that personal auto policies typically exclude delivery for money and that operating without qualifying coverage is a material breach of this Agreement.
6. Taxes
You are responsible for all taxes on income earned through the platform, including federal, state, and local income tax, self-employment tax, and any applicable sales or use taxes. Drivesey issues a 1099-NEC where required by law and does not withhold taxes from your payouts.
7. Indemnification
You agree to indemnify, defend, and hold harmless Drivesey, its officers, employees, and agents from any claim arising out of (a) your performance or non-performance of a delivery, (b) your failure to maintain qualifying commercial auto insurance, (c) any traffic citation, accident, or property damage incurred while performing a delivery, or (d) your breach of this Agreement or the Driver Terms.
8. Term and termination
This Agreement begins when you accept it at signup and continues until terminated by either party. Either party may terminate this Agreement at any time, for any reason or no reason, by closing the account (you) or by suspending the account (Drivesey, for material breach as described in the Driver Terms). Termination does not affect rights or obligations that accrued before termination, including payment for completed deliveries and your tax responsibilities.
9. Governing law
This Agreement is governed by the laws of the State of Arizona. Disputes that cannot be resolved through Drivesey's internal process will be handled in the courts of Navajo County, Arizona.