WHEREAS, Carrier is a motor carrier conducting motor carrier operations pursuant to Authority assigned by the Federal Motor Carrier Safety Administration (“FMCSA”);

WHEREAS, Company is a driver recruiting service that seeks to identify potential owner-operator, contract driver, and employee driver candidates for qualification by motor carriers that contract with Company and Carrier is in need of owner-operator, contract, and/or employee drivers of motor carrier equipment to operate under Carrier’s control and sole responsibility.

NOW, THEREFORE, in consideration of mutual promises and other good and adequate consideration,

IT IS AGREED:

1.  Recitals.  The recitals are adopted into this Agreement and are binding on Company and the Carrier.

2.  Term. This Agreement shall commence on the date specified above or, if no date is specified, on the first date that Company provides Carrier with the name or other information of the first candidate driver, and shall continue for one year from such date. The term shall automatically renew for successive one-year terms unless terminated by either party as set forth herein. This Agreement may be terminated by either party by giving written notice to the other party, except that Carrier’s obligation to pay the Driver Fee hereunder shall survive termination of this Agreement.
 
3.  Services. Subject to the qualifications set forth herein, Company agrees to provide Carrier with the names and contact information for potential drivers for the purpose of Carrier utilizing said driver to operate in Carrier’s motor carrier fleet. Each driver identified by Carrier shall have a valid Commercial Drivers’ License. The term “driver” as used herein shall include all owner-operators, contract drivers, and/or employee drivers identified by Company.

4.  Payment. 

     a.   Carrier agrees to pay Company a non-refundable payment of $_________________ (“Driver Fee”) for each and every driver identified by Company that Carrier accepts to drive equipment in Carrier’s Fleet.
     
     b.   The Driver Fee shall become due and shall be paid by Carrier immediately upon the earlier of (A) the first day of the driver’s orientation with Carrier, or (B) the date of the first load picked up by the driver. 

     c.   Carrier agrees to pay interest at the rate of nine (9%) per month for all amounts past due under this Agreement. To the extent Company must commence legal action to recover any amounts due hereunder, Carrier agrees that Company shall be entitled to recover all expenses, including reasonable attorneys’ fees, incurred by Company in connection with such legal action.

     d.   As used herein, Carrier’s Fleet shall include, but not be limited to, trucks operating under the Federal or State Motor Carrier Authority of Carrier or any affiliate of Carrier, and trucks owned by Carrier or any affiliate, subsidiary, shareholder, member, officer, and/or manager of Carrier.

5.  Company’s Representations. Company is not a motor carrier or other entity subject to the requirements of the Federal Motor Carrier Safety Regulations (“FMCSRs”) or any similar State or Local regulations, statutes, or other laws. Company is not a Driver Leasing Company and is not in the business of employing drivers or leasing drivers and Company is not a staffing company. Company expressly disclaims any and all responsibility for the following: qualifying drivers; conducting background checks on drivers; verifying driver eligibility or compliance with the FMCSR or State or local regulations; obtaining, reviewing, or ensuring the veracity of Motor Vehicle Records of drivers; managing or implementing drug testing or verifying the accuracy of any drug testing applicable to drivers; the classification of drivers for purposes of complying with Federal or State law related to employment or independent contractor status;  or taking any other actions imposed on motor carriers subject to the FMCSRs or any similar State or Local regulations, statutes, or laws.

6.  Carrier’s Representations. Carrier represents and acknowledges as follows:

     a.   Carrier is a customer of the Company and is not an employee, joint venturer, partner, or agent of the Company. 

     b.   The drivers identified by Company are not employees, joint venturers, partners, or agents of the Company.

     c.   Carrier shall be solely responsible for setting or confirming its own prices, rates of pay, wages, and shall be solely responsible for determining the drivers’ work schedule. 

     d.   The Company does not control, and has no right to control, the services a driver and/or the Carrier provides. 

     e.   The Company is under no obligation to become involved in or impose resolution in any dispute between or among drivers, or the Carrier, or any third party.

     f.   The Company makes no warranty as to the performance of any driver identified by Company and the Company makes no warranty as to how long any driver identified by Company will remain employed by or otherwise contracted to operate in Carrier’s fleet. 

     g.   Under no circumstances will the Company reimburse or otherwise waive the Driver Fee.

7.  No Endorsement; Disclaimer of Warranty. Company does not endorse any driver. COMPANY EXPRESSLY DISCLAIMS ANY WARRANTY AS TO THE ACCURACY OF THE INFORMATION SUPPLIED TO CARRIER THAT IS PROVIDED BY DRIVER AND COMPANY SPECIFICALLY ADVISES THAT COMPANY IS NOT RESPONSIBLE FOR AND WILL NOT TAKE ANY ACTION TO VERIFY THAT THE INFORMATION SUPPLIED BY DRIVERS IS ACCURATE, COMPLETE, OR TRUE. CARRIER ACKNOWLEDGES AND AGREES THAT CARRIER SHALL HAVE THE OBLIGATION TO INDEPENDENTLY VERIFY ANY INFORMATION SUPPLIED UNDER THIS AGREEMENT. CARRIER’S HIRING OR CONTRACTING WITH ANY DRIVER IDENTIFIED BY COMPANY SHALL BE SOLELY AT CARRIER’S OWN RISK. CARRIER ACKNOWLEDGES AND AGREES THAT COMPANY DOES NOT HAVE AN OBLIGATION TO CONDUCT IDENTITY VERIFICATION, OR BACKGROUND (INCLUDING CRIMINAL BACKGROUND) OR REGISTERED SEX OFFENDER CHECKS ON ANY DRIVER. 

8.  Limitation of Liability. IN NO EVENT UNDER ANY CIRCUMSTANCES SHALL COMPANY BE RESPONSIBLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, OR LOSS OF GOODWILL. MOREOVER, THE PARTIES AGREE THAT THE COMPANY SHALL HAVE NO OBLIGATION OR LIABILITY FOR ANY CLAIM, DAMAGE, LOSS, OR JUDGMENT ARISING OUT A DRIVER’S ACTS OR OMISSIONS WHILE OPERATING AS A DRIVER OF ANY VEHICLE OR WHILE DRIVING IN CARRIER’S FLEET.

9.  Governing Law and Venue. This Agreement and the relationship between Carrier and Company shall be governed by the laws of the State of Illinois without regard to its conflict of law provisions. The parties agree and consent that each shall be subject to the personal jurisdiction of the State and Federal Courts located in the State of Illinois and that venue for the resolution of any dispute between the parties shall reside solely in the State and Federal Courts in Cook and DuPage Counties, Illinois. The parties hereto hereby waive any and all jurisdictional and venue defenses otherwise available.

10.  Indemnification and Release. Carrier agrees to release, defend, indemnify, and hold Company and its officers, directors, employees, and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including without limitation reasonable legal fees, arising out of or in any way connected with (a) Carrier’s violation of these Terms; (b) Carrier’s interaction with any driver; and (c) the provision of services by any driver, including but not limited to any injuries, losses, or damages (compensatory, direct, incidental, consequential or otherwise) of any kind arising in connection with such services.

11.  Non-waiver. The failure of a party to insist upon the strict performance of any term or covenant contained in this Agreement hereunder, or to exercise any right in any one or more instances or circumstances shall not be construed as a waiver or relinquishment of such provision or right, nor shall such failure or refusal be deemed a customary practice contrary to such provision or right.

12. Severability. If any term herein is deemed invalid for any reason this Agreement shall be void only as to such specific term, and the remaining terms shall remain otherwise binding between the parties; provided, with regard to any voided provision, it is the parties express requirement the void provision be replaced with an enforceable provision accomplishing, to the extent allowed, the parties’ original intent to the maximum extent permitted under the law.

13.  Integration: These terms stated herein constitute the entire agreement between the parties hereto and supersede all prior written or oral agreements, discussions, undertakings, practices between the parties, and this Agreement expresses all obligations and restrictions imposed upon each of the parties, except those specifically modified or changed by mutual written agreement.

IN WITNESS WHEREOF, the parties have executed this Agreement as of the date first above written.

COMPANY

Grigore Guzun - CEO
                         Title 

Signature

CARRIER

1503 FAIRWAY DR LISLE IL 60532 | INFO@SIXBITSMEDIA.COM | WWW.SIXBITSMEDIADRIVERS.COM