Terms and Conditions Agreement For Drivers
RECITALS
A. This is an agreement between NOMMS, and DRIVER.
B. DRIVER desires to contract with NOMMS to deliver food from local restaurants.
C. NOMMS agrees to compensate DRIVER for the service provided.
In consideration of the mutual promises set forth in this contract, it is agreed by and between DRIVER and NOMMS:
SECTION ONE.
DESCRIPTION OF WORK
NOMMS will provide orders to be picked up from local restaurants to be delivered by DRIVER.
SECTION TWO.
COMPENSATION STRUCTURE
NOMMS will pay DRIVER through stripe after each delivery.
NOMMS will pay driver $3.50 per delivery.
NOMMS will compensate $.80 per mile from restaurant to drop off address.
NOMMS will pay $3.00 multiple restaurant fee per stop if more than one restaurant is picked up from in a single transaction.
DRIVER keeps 100% of any gratuity from customer.
SECTION THREE.
RELATIONSHIP OF PARTIES
The parties intend that an independent DRIVER-employer relationship will be created by this agreement. NOMMS is interested only in the results to be achieved, and the conduct and control of the work will lie solely with DRIVER. DRIVER is not to be considered an agent or employee of NOMMS for any purpose. It is understood that NOMMS does not agree to use DRIVER exclusively.
SECTION FOUR.
DELIVERY PROCESS
DRIVER will be texted information about orders. If driver accepts, driver will enter information into automated system as required, pick up and deliver food.
SECTION FIVE.
DRIVER RESPONSIBILITIES
DRIVER agrees to be available for deliveries during scheduled availability.
DRIVER must have a clean and presentable car, inside and out.
DRIVER must not have any pets in the vehicle while deliveries are being conducted.
DRIVER availability must be provided before Sunday night of the following week.
DRIVER must work a minimum of 10 hours per week.
DRIVER must give a minimum of one week notice if not able to meet the minimum hours required.
DRIVER must conduct themselves professionally with restaurants, customers and staff. Appropriate conduct requires a professional and polite tone. DRIVER is encouraged to show enthusiasm and charisma when engaging with customers.
DRIVER is solely responsible for any automobile accidents or car issues while deliveries are being conducted.
DRIVER is responsible for all equipment provided by NOMMS.
NOMMS will replace up to two lost or misplaced square card swipers. Any subsequent lost or misplaced square swipers is the responsibility of DRIVER to replace.
DRIVER is responsible for any company accessible funds and will be obligated to repay any misplaced money.
Upon separation from NOMMS, DRIVER must turn in food tote ($69.99) and square card swiper ($9.99) or pay the value for that property.
SECTION SIX.
LIABILITY
The work to be performed under this contract will be performed entirely at DRIVER’s risk, and DRIVER assumes all responsibility for the delivery of food from restaurant. DRIVER agrees to indemnify NOMMS for any and all liability or loss arising in any way out of the performance of this contract.
SECTION EIGHT.
NONDISCLOSURE
DRIVER and NOMMS agree that each has information that shall not be made public regarding this agreement. The parties agree that they shall not, during or after the term of this agreement, directly or indirectly, use, disseminate, or disclose to any person, firm, or other business entity for any purpose whatsoever, any information not generally known in the industry in which was disclosed to the other party during the course of this agreement. This includes information regarding either party’s products, processes, customers, services, suppliers, and related matters, and also includes information relating to research, development, inventions, manufacture, purchasing, accounting, engineering, marketing, merchandising, selling, and product information in general.
Confidential Relationship. DRIVER and NOMMS shall hold in a fiduciary capacity for the benefit of other all information described in this agreement.
SECTION NINE.
DURATION
The contract shall remain in force for a term of one year which automatically renews if neither party terminates the contract. DRIVER has the right to terminate at any time, without cause, with written notice before the end of the current month. NOMMS, reserves the right to update the DRIVER agreement at any time. Once signed, this agreement revokes any prior signed agreement.
SECTION TEN.
BREACH OF AGREEMENT
The parties agree that violating this agreement at any time, including during litigation, will produce severe damage and injury to the nonbreaching party. In the event of the breach of, or threatened breach of this agreement, the other party shall be entitled to seek injunctive relief, both preliminary and permanent, enjoining and restraining such breach or threatened breach. Such remedies shall be in addition to all other remedies available to the nonbreaching party in law or in equity, including but not limited to nonbreaching party's right to recover from the breaching party any and all damages that may be sustained as a result of the breach.
The validity, interpretation and performance of this agreement shall be controlled by and construed under the laws of Washington.
If an attorney shall be retained to interpret or enforce the provisions of this agreement, the prevailing party shall be entitled to reasonable attorneys' fees, including any such fees set by the trial or appellate court upon trial or appeal.
SECTION ELEVEN.
MISCELLANEOUS PROVISIONS
(a) Necessary Acts. Each party agrees to perform further acts and execute and deliver documents as reasonably necessary to carry out the provisions of this Agreement.
(b) Amendments. The provisions of this Agreement may be waived, altered, amended, or repealed in whole or in part, only with written consent of all parties hereto.
(c) Successors and Assigns. This Agreement shall be binding on and inure to the benefit of the parties to it and their respective heirs, legal representatives, successors, and assigns.
(d) Merger. This Agreement is fully integrated and constitutes the entire agreement of the parties. There are no other agreements of these parties pertaining to the subject to this Agreement and that all prior negotiations are superseded by this Agreement.
(e) Construction. The headings and captions of this Agreement are provided for convenience only and are intended to have no effect in construing or interpreting this Agreement. Further, this Agreement has been reviewed and approved by each of the parties after negotiation of the terms thereof. In the event it should be determined that any provision of this Agreement is uncertain or ambiguous, the language in all parts of the Agreement shall be in all cases construed as a whole according to the fair meaning of the Agreement, and not strictly construed for or against any party.
(f) Counterparts. This Agreement may be executed in multiple counterparts, each of which shall, for all purposes, be deemed an original but which together shall constitute one and the same instrument, and the signature pages from any counterpart may be appended to any other counterpart to assemble fully executed documents, and counterparts of this Agreement may also be exchanged via electronic facsimile machines and any electronic facsimile of any party’s signature shall be deemed to be an original signature for all purposes.
(g) Severability. If any clause or provision of this Agreement is deemed illegal, invalid or unenforceable by court of law, then in that event, it is the intention of the parties hereto that the remainder of this Agreement shall not be affected thereby, and it is also the intention of the parties to this Agreement that in lieu of each clause or provision of this Agreement that is deemed illegal, invalid or unenforceable, there be substituted, as a part of this Agreement, a clause or provision as similar in terms to such illegal, invalid or unenforceable clause or provision as may be possible and be legal, valid, and enforceable.
(h) Notices. All notices under this Agreement shall be in writing and delivered in person or sent by registered or certified mail, return receipt requested, to the address of the parties set forth herein or to such other address as may hereafter be designated by either party in writing. Notice shall be deemed effective three (3) days following such mailing, or immediately when hand delivered, in the prescribed manner.
(i) Choice of Law and Venue. This Agreement is made and entered into in the State of Washington, and shall in all respects be interpreted, enforced, and governed under the law of said State. Jurisdiction and venue for any action or claim arising hereunder shall lie exclusively in the Superior Court of Kittitas County, State of Washington, and each party irrevocably consents to the personal and subject matter jurisdiction of that court and to service of process.
(j) Good Faith. The parties agree to cooperate with each other in good faith to facilitate the performance of the terms and provisions of this Agreement. No party shall make disparaging commentary, or engage in any act or omission, the effect of which would hamper, damage or otherwise detrimentally affect the business prospects, reputation, and customer relations of any other party contrary to the intended purposes of this Agreement.
SECTION TWELVE.
ENTIRE AGREEMENT
It is mutually agreed by and between the parties to this agreement with respect to the execution of the agreements herein contained that time shall be of the essence and that the provisions and agreements of this agreement shall bind the heirs, legal representatives, successors, and assignees of the respective parties to this agreement.
This agreement constitutes the entire agreement between the parties hereto, there are no undertakings, representations, or warranties, oral or written, relating to the subject matter hereof, and none of the parties has relied upon any verbal representation, agreement, or undertaking not set forth herein, whether made by an agent or party hereto. This agreement may not be changed, modified, or amended in whole or in part, excepting in writing signed by all the parties hereto.