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, and verifies your identity and your driver's license. 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, equipment, and expenses
You are solely responsible for maintaining a valid driver's license, a roadworthy vehicle, and the auto insurance the law requires of you, in force whenever you drive. Drivesey does not require a particular policy and does not collect or verify insurance certificates. You acknowledge that personal auto policies typically exclude delivery for money, that whether your policy covers your delivery work is between you and your insurer, and that driving without legally required insurance is a material breach of this Agreement.
You supply, and bear all costs of, the vehicle and equipment you use, including fuel, maintenance, tolls, phone, and data. Except where the law provides otherwise, you assume the risk of loss or damage to your own vehicle and equipment. Because you are an independent contractor, you are not eligible for workers' compensation through Drivesey and are responsible for your own coverage for injury or loss, as further described in the Driver Terms.
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, loss, or liability, including the reasonable cost of defense and attorneys' fees, arising out of (a) your performance or non-performance of a delivery, (b) your failure to maintain the insurance required by law, (c) any traffic citation, accident, injury, or property damage incurred while performing a delivery, (d) your breach of this Agreement or the Driver Terms, or (e) any tax, contribution, or penalty a taxing authority assesses because you were paid as an independent contractor, including self-employment tax and any claim that Drivesey should have withheld or contributed on your behalf.
Drivesey, in turn, agrees to indemnify, defend, and hold you harmless from any third-party claim arising directly out of Drivesey's own operation of the platform, to the extent the claim is caused by Drivesey and not by your acts, omissions, or breach. Neither party is liable to the other for indirect, incidental, or consequential damages.
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 and dispute resolution
This Agreement is governed by the laws of the State of Arizona. Disputes arising out of or relating to this Agreement, including any dispute about your classification, are subject to the informal-resolution and arbitration provision in the Driver Terms of Service (Section 15), including its class and representative waiver and your right to opt out. Any dispute not subject to that arbitration, and any court proceeding permitted by these terms, will be handled in the state or federal courts located in or serving Navajo County, Arizona.
10. General terms
Severability. If any provision of this Agreement is held unenforceable, that provision is limited or removed to the minimum extent necessary and the rest stay in full force. Entire agreement. This Agreement and the Driver Terms are the entire agreement between you and Drivesey about your independent-contractor relationship and replace any earlier understanding on the subject. No waiver. Drivesey's failure to enforce a provision is not a waiver of its right to enforce it later.