Agreement between self employed independent contractor and owner of mobile tire repair service to drive the mobile tire repair form
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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)
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