EV Owner Operator Terms
Term of Agreement
Earth Rides, Inc. does not have an exclusive representation agreement with Contractor, as Contractor is being retained to perform for the benefit of Earth Rides, Inc. under this agreement; and Contractor will not have an exclusive relationship with Earth Rides, Inc. as Company has engaged other individuals in the same geographic area as its representatives to engage in the same or similar activities for the Company.
Services to be Rendered by Contractor
Contractor agrees to:
Represent and assist Earth Rides, Inc. in its efforts to provide safe transport in accordance with Earth Rides policies and procedures on a non-exclusive basis.
Contractor warrants that they will be engaged in an independent calling and has complied with all local, state, and federal laws regarding permits and licenses required to carry out the independent calling of this agreement.
Contractor shall be deemed an independent contractor and shall be free to use his or her time, energy, efforts and skill as he or she sees fit. Contractor shall establish their own endeavors and shall not have mandatory duties except those specifically set out in this agreement.
Tools and Instruments
Contractor will supply their own electric vehicle, tools, equipment, and supplies required to perform the services under this Agreement.
Contractor shall be given the non-exclusive use of all such facilities that Earth Rides, Inc. may provide for the purpose of charging electric vehicles or speaking with officers and directors of Earth Rides, Inc., together with other Contractors and employees of Earth Rides, Inc. located on the same premises.
Earth Rides, Inc. will not reimburse Contractor for any business related expenses incurred by Contractor as a result of services rendered under this agreement, including, but not limited to mileage, travel, food, lodging and expenses related to the entertainment of customers and clients of company for which Contractor has no obligation to provide.
Obligations of Corporation
Earth Rides, Inc. agrees to meet the terms of all reasonable requests of Contractor necessary to the performance of Contractor’s duties under this Agreement.
Neither this Agreement nor any duties or obligations under this Agreement may be assigned by Earth Rides, Inc. or Contractor without the prior written consent of Contractor and Earth Rides, Inc..
Termination of Agreement
Notwithstanding any other provisions of these terms, either party hereto may terminate this Agreement at any time.
Earth Rides, Inc. may terminate the parties’ relationship in the event the contractor fails to conduct his or her business in accordance with the terms of this agreement or for any other legitimate business reason. Earth Rides, Inc. may terminate this agreement immediately, with or without cause, and with or without advanced notice.
Any dispute, claim or controversy arising out of or relating to this agreement or the breach, termination, enforcement, interpretation, or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, shall be determined by arbitration in Nashville, Tennessee, or at such other locations as is agreed upon by the parties, before one (1) arbitrator. The arbitrations shall be administered by JAMS or such other arbitrator as is agreed upon by the pirates, pursuant to JAMS’ streamlined Arbitration Rules and Procedures, Judgment upon any such award by the arbitrator may be entered in any court having jurisdiction. This clause shall not preclude parties from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction. It is agreed that the prevailing party in any such arbitration or other action arising from or relating to this agreement shall be entitled to reimbursement of his reasonable costs and expenses, including attorney’s fees.
As an independent contractor (and not an employee of Earth Rides, Inc), the contractor is subject to the following items:
- The contractor must remit their own federal, state, and local taxes, Medicare withholding, Social Security and unemployment taxes.
- The contractor will be provided with an IRS form 1099 as to compensation received and should consult a tax advisor concerning estimated tax payment requirements. 3. The contractor is responsible for the public liability and workers compensation insurance. 4. The contractor is not entitled to sick leave, vacation pay, health insurance or retirement benefits, as such is provided exclusively to employees.
- The contractor agrees to indemnify and hold harmless Earth Rides, Inc. and its employees regarding any expense, liability cost (including court costs and attorney fees) incurred as a result of their default under this agreement.
This Agreement supersedes any and all other agreements, either oral or in writing, between the parties hereto with respect to the performance of services by Contractor for Earth Rides, Inc.,
and contains all of the covenants and agreements between the parties with respect to the rendering of such services in any manner whatsoever. Each party to this Agreement acknowledges that no representations, inducements, promises, or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which are not embodied herein, and that no other agreement, statement, or promise not contained in this Agreement shall be valid or binding. Any modification of this Agreement will be effective only if it is in writing signed by the party to be charged.
If any provision of this Agreement is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remaining provisions shall nevertheless continue in full force without being impaired or invalidated in any way.
This Agreement shall be governed by and construed in accordance with the laws of the State of Tennessee.