CONTRACT
The agreement made and entered into between Select Transport LLC (hereinafter
referred to as the “Company”) and _____________________________ (hereinafter
referred to as the “Driver”)
Whereas, the Company being a For Hire Carrier, operating under authority issued
by the Interstate Commerce Commission or applicable State Agency and Contracted through
Panther Expedited Services for said Agency to utilize vehicular equipment and services in the
Company's business and to accept services under contract from Panther Expedited Services
in connection with the Company's business.
Whereas, the Driver is engaged in the business of transporting freight by motor vehicle
shipment as set forth in exhibit “A” on behalf of or pursuant to operating agreements with
private contract, or common carrier or shippers.
1. Company does not agree furnish any specific or minimum number of loads or pounds freight
transportation by the driver at any particular time or any particular place.
. 2. Company warrants that any and all legal or other fees incurred by driver as a result of
default of any or all terms of this agreement shall be the sole responsibility of the Driver.
3. The parties intend and agree that this agreement shall create an “Independent
Contractor” relationship between the parties and not a master-servant, employer-employee,
Or principal agent relationship. Neither party shall have the right to bind the other
by contract or otherwise except as herein specifically provided.
Driver Initial: _____
4. Driver recognizes that the Company's business of providing motor carrier
transportation services the public is subject to regulation by the Federal Government
acting through various agencies, and by various state and local governments.
The Driver shall have a responsibility to the Company of satisfying state regulatory
requirement, subject at all times to verification by the Company by;
(a) Maintaining the equipment in accordance with all applicable regulations;
(b) Operating the equipment in accordance with all applicable regulations;
(c) The hiring and training of drivers who are qualified under all applicable
regulations and who meet all standards will be verified by Panther Expedited
Services.
The Driver is not to be considered the employees, agents, or servants of the
Company at any time under any circumstances, for any purpose.
(d) Doing all other things necessary to conduct the transportation services
provided in the Agreement accordance with all applicable regulations.
5. Company shall determine the method and manner of performance of
transportation service by Driver under the terms of this agreement. The
Company has and shall retain all responsibility for;
(a) Hiring, paying, setting wages, hours, supervising, training, discipline and
firing all drivers, and other workers necessary for the perform.
CONTRACT The agreement made and entered into between S.docx
1. CONTRACT
The agreement made and entered into between Select Transport
LLC (hereinafter
referred to as the “Company”) and
_____________________________ (hereinafter
referred to as the “Driver”)
Whereas, the Company being a For Hire Carrier, operating
under authority issued
by the Interstate Commerce Commission or applicable State
Agency and Contracted through
Panther Expedited Services for said Agency to utilize vehicular
equipment and services in the
Company's business and to accept services under contract from
Panther Expedited Services
in connection with the Company's business.
Whereas, the Driver is engaged in the business of
transporting freight by motor vehicle
shipment as set forth in exhibit “A” on behalf of or pursuant to
operating agreements with
2. private contract, or common carrier or shippers.
1. Company does not agree furnish any specific or minimum
number of loads or pounds freight
transportation by the driver at any particular time or any
particular place.
. 2. Company warrants that any and all legal or other fees
incurred by driver as a result of
default of any or all terms of this agreement shall be the
sole responsibility of the Driver.
3. The parties intend and agree that this agreement shall
create an “Independent
Contractor” relationship between the parties and not a
master-servant, employer-employee,
Or principal agent relationship. Neither party shall have
the right to bind the other
by contract or otherwise except as herein specifically
provided.
Driver Initial: _____
4. Driver recognizes that the Company's business of
providing motor carrier
3. transportation services the public is subject to
regulation by the Federal Government
acting through various agencies, and by various state
and local governments.
The Driver shall have a responsibility to the Company
of satisfying state regulatory
requirement, subject at all times to verification by the
Company by;
(a) Maintaining the equipment in accordance
with all applicable regulations;
(b) Operating the equipment in accordance with
all applicable regulations;
(c) The hiring and training of drivers who are
qualified under all applicable
regulations and who meet all standards will be
verified by Panther Expedited
Services.
The Driver is not to be considered the employees,
agents, or servants of the
Company at any time under any circumstances, for
any purpose.
(d) Doing all other things necessary to conduct the
transportation services
provided in the Agreement accordance with all
4. applicable regulations.
5. Company shall determine the method and manner of
performance of
transportation service by Driver under the terms of
this agreement. The
Company has and shall retain all responsibility for;
(a) Hiring, paying, setting wages, hours,
supervising, training, discipline and
firing all drivers, and other workers necessary
for the performance of the Drivers
obligations under the terms of the agreement. Such drivers
or other workers are and shall
remain the independent contractors of the Company;
Drivers Initials______
(b) Selecting, purchasing, financing and
maintaining the equipment;
(c) Selecting all routes;
6. Driver has and shall retain sole responsibility for all
Workers Compensation
benefits, all withholding and employment taxes on
himself/herself, or other works necessary
5. for the performance of the Driver's obligations under the
terms of this agreement. The Driver
assumes the responsibilities of an employer for the
performance of the work. Driver agrees to
save and hold harmless the Company from any claim by
the Driver, or other workers used by
the Driver, or claims by federal, state or local governments
on account of wages, industrial
accident, Workers Compensation claims, withholding and
employment taxes, fees, expenses, or
any other actions arising from the Driver's relationship
with its employees. Driver shall furnish
carrier with such evidence of compliance with all of the
foregoing as carrier shall reasonably
require.
(a) Further, Driver specifically agrees that if for any
reason, and Legal
proceeding, whether at common law or administrative tribunal,
state or federal
he/she or any of his/her employees is adjudged or declared to be
an employee of the
Company for any purpose (including but not limited to Workers
Compensation, any
6. withholding or payment of taxes, state, or federal, the Driver
agrees to indemnify and
hold the Company harmless from any judgment, decree, cost, or
expense, including
reasonable attorney's fees, incurred by the Company, as a result
of the Driver having
been declared an employee.
7. Driver agrees to pay for any damages to any equipment of
Company which is
being used by or in the control of the Driver regardless of
circumstances or time.
Driver Initials ______
8. Company shall pay Driver as set forth in the attached
Appendix “B” after
submission by the Driver of the necessary delivery documents
and other paperwork
concerning a trip in the service of the records, and such other
documents as may be
required by governmental agencies, or carrier's customers, not
7. specifically mentioned
herein. All freight shall be billed through the Company.
(a) All “fringe” revenue such as demurrage, diversions, returns,
surcharges, etc.,
is payable to Driver from Company only upon collection of such
revenue from
the customer.
(b) The Driver recognizes that the company incurs empty
or deadhead mileage
in dispatching the equipment from place to place in securing
loads under the agreement
of Panther Expedited Services. The Driver agrees that the
Company is in no way liable
for any payments.
Whatsoever, to the Driver for such miles incurred under this
Agreement. Company reserves the
right at its discretion to compensate the Driver for empty miles
without waving any of the
provisions of this Agreement.
9. . Company is authorized under this agreement to deduct from
any payments to Driver,
any amounts advanced to Driver, any amounts owing for
operating supplies, or items purchased
8. from the Company.
10. If for any reason the Driver shall fail to complete the
transport of commodities,
abandons a shipment, or otherwise subject the Company to
liability, driver expressly agrees that
the Company shall have the right to complete the shipment by
other means and hold the driver
liable.
Driver Initials_____
Driver agrees to reimburse Company for all costs, expenses, or
and damages for which
company may be liable as a result of the Drivers said failure.
11. Driver agrees that if the Company is liable for loss caused
by Driver, Company may
deduct such loss from Driver, using any or all funds as may be
due Driver.
12. Company will provide all the identification required by all
governmental agencies.
13. As part of the consideration of and for this Contract, Driver
agrees to refrain from
operating the equipment in and for the service of the customers
9. of the Company or its
subsidiaries for a period of one year following the termination
or expiration of this agreement.
The Driver hereby specifically agrees and acknowledges that
these restraints in this NON-
COMPETE agreement are reasonable in both its geographic
scope (which is determined and
Defined by reference to the Company's customer based served
by Driver) and its duration.
Further, the Driver also agrees that these restraints are
necessary to protect the Company's
interests established prior to the signing of this agreement and
that it would be an acknowledged
interference with the Company's business and customer base to
violate the terms of this clause.
Further, the Driver agrees that this NON-COMPETE clause is
signed voluntarily and for full
and adequate consideration. Finally, the Driver agrees to be
bound by the terms hereof under
any laws of any state or the United States that would declare it
valid and further agrees to pay
the Company's attorney's fees and costs (whether the attorney
enforcing the clause and
agreement is an employee of the Company or is an independent
10. contractor, or both
simultaneously) necessary to enforce to terms of this NON-
COMPETE clause or this
agreement in general.
Driver Initial______
14. In the event either party commits a
material breach of the Agreement, the other
party has the right to terminate the Agreement.
15. This Agreement shall continue in effect for a
period of ninety (90) days from
the date written and thereafter continuously unless
canceled by either party.
Insurance will be provided by the Company.
16. This Agreement shall be governed by the laws of the State
of Ohio.
17. In the event of any clause, sentence,
paragraph, or section of this Agreement is
held void or unenforceable, such holding shall not
affect the enforceability of any other
provision of the Agreement.
11. 18. Either party may terminate this Agreement
by sending to the other party a
written notice of termination by certified mail, return
receipt requested at the address
shown in this Agreement. Such termination shall be
14 days after the date of the
postmark of the terminating party.
19. This Agreement shall cancel and void
all previous Agreements. This Agreement
constitutes the entire Agreement between the
parties and shall not be modified,
altered, changed or amended in any respect
unless in writing and signed by both parties.
20. Upon termination of this Agreement
by either party the Driver shall pay the
Company for the costs and expenses of transferring
any licenses, abase plates, or permits
issued by any State Authority in order to operate
the equipment.
Driver Initials______
12. 21. The parties hereto mutually agree to
abide by the regulation of the Interstate
Commerce Commission promulgated under 49 U.C.
S. 10,922, and such Driver agrees to
reimburse and hold the Company harmless for cargo
loss, liability and property damage
caused by the Driver.
22. The contracted Drivers will be subjected to a
15 day probationary period,
allowing the carrier and Driver to determine compatibility.
The Driver and the carrier will have the power to discontinue
the relationship during this time without cause if either
determines incompatibility. If notice is given and driver is on
route, completion of the route will award Driver with monies
owed to liability for retrieving equipment and loss of revenue,
any remaining balance will be awarded Driver less liable
expenses
APPENDIX “A”
TO CONTRACT
13. Company: Driver:
___________________________
__________________________
By: _____________________ By:
___________________________
Title: _______________ Title:
_________________
Select Transport LLC
Address: _________________________
2593 So Harrington Lane
Lakewood,CO 80227
Executed in Triplicate this ____ day of _____, 2018
APPENDIX “B”
Company: Driver:
___________________________
__________________________
14. By: _____________________ By:
___________________________
Title: _______________ Title:
_________________
Select Transport LLC
Address: _________________________
2593 So Harrington Lane
Lakewood,CO 80227
Executed in Triplicate this ____ day of _____, 2018
Team Drivers agree to 55% and solo Drivers 45% of gross
earnings to truck plus F.S.C. As a fair wage
with loaded miles per week Drivers will be charged for Fuel and
Occupational Insurance. Driver will
be paid 50% of the balance after deductions.