Fill and Sign the Agreement between Self Employed Independent Contractor and Owner of Mobile Tire Repair Service to Drive the Mobile Tire Repair Form

Agreement Between Independent Contractor and Owner of Mobile Tire Repair Service to Drive the Mobile Tire Repair Truck, and Repair Tires Agreement made on the ___ day of __________, 20___, between _______________ of __________________________________ (street address, city, county, state, zip code) , referred to herein as Contractor, and ______________________ , LLC, a limited liability company organized and existing under the laws of the state of ______________, with its principal office located at _________________________________ (street address, city, county, state, zip code) , referred to herein as Owner. Whereas, Owner is the proprietor and operator of mobile tire repair service; and Whereas, Contractor is experienced in the tire repair business and is an experience truck driver with a (describe commercial driver’s license required by state); Now, therefore, for and in consideration of the mutual covenants contained in this agreement, and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties agree as follows: I. Contractor agrees to perform such work as may be submitted pursuant to this agreement in a good and competent manner, to promote Owner's mobile tire repair service, and to drive the repair truck out of which said mobile tire repair service operates. II. Owner shall provide the truck, compressor, and all the lights, tools boxes, and other tools and equipment necessary to operate said mobile tire repair service ; provided, however, Contractor will supply hand and air tools and shall keep the truck serviced and provide all preventative maintenance on the truck at Contractor’s sole expense. Owner shall provide all tires to be sold and parts used and sold in the operation of said mobile tire repair service business. III. Owner agrees that for the work performed by Contractor under this agreement, Owner shall pay Contractor 40% of the labor charges for work performed by Contractor and 20% of the net profit on parts sold including tires and patches. Said payments shall be made at the end of each four month period beginning _________ (date). Owner will also pay Contractor the sum of $________ during the first ___ months of this agreement. IV. Contractor agrees that he is not an employee of Owner for any purpose whatsoever, including unemployment tax, social security contributions, income tax withholding or workers compensation, whether state or federal. Contractor agrees to pay and be solely responsible for all applicable taxes, both state and federal, in connection with any amount paid by Owner to Contractor . As an independent contractor, Contractor is not eligible to participate in any of the Owner’s fringe benefit programs. Contractor covenants to indemnify and save Owner harmless from any and all liability for withholding state or federal income tax, federal or state, workmen compensation contributions, and any employer's tax liability now or subsequently imposed on Owner as a result of this agreement. Contractor waives all claims against Owner that Contractor may now have or may subsequently acquire for employer's liability compensation for personal injury, unemployment compensation, or otherwise, under the laws of the United States or _____________ (State). V. This agreement shall continue from month to month until terminated as provided in this agreement. In the event of breach of any of the terms or conditions of this agreement, this agreement may be terminated by the offended party on ____days' written notice, and waiver of any breach of any provision shall not be deemed to be a waiver of any subsequent breach nor of the provision itself. This agreement may be terminated by mutual agreement by either party on ____days' written notice to the other party. This Agreement is personal to the parties and may not be assigned by Contractor or Owner. VI. Any dispute under this agreement shall be required to be resolved by binding arbitration of the parties hereto. If the parties cannot agree on an arbitrator, each party shall select one arbitrator and both arbitrators shall then select a third. The third arbitrator so selected shall arbitrate said dispute. The arbitration shall be governed by the rules of the American Arbitration Association then in force and effect. VII. Contractor agrees to indemnify and hold Owner harmless from and against any and all claims, damages, losses, and expenses, including reasonable attorneys' fees arising out of performance of Contractor’s obligations under this agreement that are caused in whole or in part by the negligent act or omission of Contractor. VIII. This agreement shall constitute the entire agreement between the parties and any prior understanding or representation of any kind preceding the date of this agreement shall not be binding upon either party except to the extent incorporated in this agreement. Any modification of this agreement or additional obligation assumed by either party in connection with this agreement shall be binding only if evidenced in writing signed by each party or an authorized representative of each party. IX. It is agreed that this agreement shall be governed by, construed, and enforced in accordance with the laws of the State of __________________. X. The failure of either party to this agreement to insist upon the performance of any of the terms and conditions of this agreement, or the waiver of any breach of any of the terms and conditions of this agreement, shall not be construed as thereafter waiving any such terms and conditions, but the same shall continue and remain in full force and effect as if no such forbearance or waiver had occurred. XI. Any notice provided for or concerning this agreement shall be in writing and shall be deemed sufficiently given when sent by certified or registered mail if sent to the respective address of each party as set forth at the beginning of this agreement. WITNESS our signatures as of the day and date first above stated. _______________________ , LLC ________________________ By__________________________ CONTACTOR (Name and Office in Corporation)