Bootlegger Runs Driver's Agreement

This Bootlegger Runs Driver's Agreement (hereinafter the "Agreement) is the agreement that governs the relationship between Bootlegger Runs, LLC (hereinafter "Bootlegger Runs or the "Company") and the drivers (hereinafter "Driver" or "You or "Your") agreeing to accept and perform deliveries (hereinafter called a "Run") for Customers pursuant to the www.bootlegerruns.com website (hereinafter the "Website). Bootlegger Runs and You may also be referred to as a "Party or collectively the "Parties.

1. Binding Effect

1.1.

By accessing the Website and accepting Runs made available by the Website, and in consideration thereof, You are bound by this Agreement and the Company's Terms and Conditions and all other policies and schedules found on the Website. Any capitalized terms used herein and not otherwise defined shall have the same definition as set forth in the Website's Terms and Conditions and the said policies and schedules (hereinafter collectively the "Terms and Conditions).

1.2.

This Agreement and the Terms and Conditions may be updated from time to time and Your continued use of the Website and accepting Runs from the Website shall be deemed Your acceptance of those updated terms.

1.3.

This Agreement is binding in all instances on Driver's personnel, employees, agents, and contractors and the term "Driver as used herein applies to such persons or entities as the context requires.

2. Delivery Services

2.1.

Driver acknowledges that Driver is engaged in Driver's own business, separate and apart from Bootlegger Runs' business, which business of Bootlegger Runs is to provide an online connection using web-based technology that connects Customers needing delivery Services with those in the business of providing said Delivery Services such as Driver.

2.2.

From time to time, Driver may be notified via the Website of an available Run needed by a Customer. For each Run accepted by Driver (the "Delivery Services), Driver agrees to provide the requested Delivery Services to the Customer safely and on time to make delivery to the recipient (the "Delivery Recipients"). Driver acknowledges that Bootlegger Runs has discretion as to which, if any, Runs to offer Driver, just as Driver has the discretion whether, and to what extent, to accept any Runs.

2.3.

Nothing in this Agreement shall guarantee Driver any particular volume of business (Runs) for any particular time period. Driver shall have no obligation to accept or perform any particular Run or to perform any particular volume of Runs; provided, once Driver accepts a Run, Driver is contractually bound to complete the Delivery Services in accordance with the Customer's specifications and this Agreement.

2.4.

Driver has the right to cancel performance of a Delivery Service at the sole discretion of Driver. However, Driver understands that cancellations may lead to low Customer ratings. Poor Customer ratings, Customer complaints, and breach of this Agreement may lead to Driver being deactivated as an eligible Driver on the Website in Bootlegger Runs' sole discretion.

2.5.

Driver understands that the Website automatically provides updates to Customers and Delivery Recipients as to the status of Run/Delivery Services, and gives Bootlegger Runs the ability to communicate with other Drivers, Customers, and Delivery Recipients in order to facilitate the Delivery Services. Driver authorizes Bootlegger Runs to communicate with the Customer and Delivery Recipients on Driver's behalf to facilitate Driver's performance of the Delivery Services.

2.6.

Driver must have a mobile device with the Bootlegger Runs App running while performing all Delivery Services. Driver must not disable the Bootlegger Runs App or its geo-location software at any time while performing Delivery Services.

2.7.

Driver understands and agrees that the parameters of each Delivery Service is established by the Customer, not Bootlegger Runs, and Driver will achieve the end result desired by the Customer. Bootlegger Runs does not authorize or control the manner or means by which Driver performs Delivery Services. Specifically, but not exclusively:
(a) Bootlegger Runs does not require any specific type of Driver's choice of transportation;
(b) Driver does not have a supervisor at Bootlegger Runs to whom they report;
(c) Driver shall not wear a uniform or display a logo designating Bootlegger Runs as the provider of Delivery Services;
(d) Driver shall not use any signage or designation of Bootlegger Runs on Driver's vehicle while providing Delivery Services, unless required by the Customer, Delivery Recipient, or pick-up or drop-off locations;
(e) Driver does not receive performance evaluations by or from Bootlegger Runs;
(f) As an independent business enterprise, Driver may freely perform services (whether delivery services or other services) for others (including in competition with Bootlegger Runs including while performing a Run); and
(g) Driver shall hold him/herself out to the general public as a separately established business.

2.8.

The Parties recognize that they are or may be engaged in similar arrangements with others and nothing in this Agreement shall prevent Driver or Bootlegger Runs from doing business with others. Driver shall have no exclusive rights to Runs offered on the Website.

2.9.

In the event Driver fails to fully perform any Delivery Services in accordance with Customer's requirements or this Agreement (a "Service Failure") due to Driver's action or omission, or the act or omission of someone in Driver's control, Driver shall forfeit all or part of the agreed upon Driver's Payment for the Run.

3. Driver Representations and Warranties

3.1.

Driver represents that Driver operates an independently established enterprise that provides delivery and other services, and that Driver satisfies all legal requirements and has all necessary licenses and permits necessary to perform any and all Delivery Services. As an independent enterprise, Driver shall be solely responsible for determining how to operate Driver's business, whether Driver is qualified to perform Delivery Services, and how to perform Delivery Services.

3.2.

Driver agrees to fully perform Delivery Services in a timely, efficient, safe, and lawful manner. Bootlegger Runs shall not have the right to, and shall not, control the manner, method or means Driver uses to perform the Delivery Services. Instead, Driver shall be solely responsible for determining the most effective, efficient, and safe manner to perform the Delivery Services, including determining the manner of pickup, delivery, and route selection.

3.3.

Driver understands that Customers expect that Driver will perform the Delivery Services in a professional manner, and in accordance with the highest industry standards applicable to the providing of Delivery Services. Therefore, Driver agrees that during the performance of Delivery Services, Driver shall:
(a) use vehicles in good operating condition and, on the outside, clean and well maintained without material physical damage, and on the inside smoke and odor free, and free of pet dander;
(b) pass all required vehicle inspections by Driver's jurisdiction of residence;
(c) present a well-groomed personal appearance and not wear offensive clothing;
(d) refrain from smoking at any time on the way to or during Delivery Services;
(e) not perform the Delivery Services under the influence of any illegal drugs or alcohol;
(f) abide by all laws restricting talking or texting while driving;
(g) not enter any Customer of Delivery Recipient's home or business; and
(h) be in violation of any laws while performing the Delivery Services.

3.4.

Driver acknowledges and agrees that during the performance of Delivery Services, Driver may gain knowledge of third parties' confidential, proprietary, financial, protected health, and/or other personal information (the "Confidential Information"). Driver shall maintain the confidentiality of all such Confidential Information and not disclose same to any other person, except as is strictly necessary in carrying out the Delivery Services.

4. Relationship of the Parties

4.1.

Driver acknowledges that Driver is an independent contractor and not the employee, agent, partner, or joint venturer of Bootlegger Runs. Accordingly, Driver is ineligible for such traditional employee benefits including, but not limited to, worker's compensation and overtime pay. Neither Party shall have the right to bind the other by contract or otherwise.

4.2.

The Parties acknowledge and agree that any provision in this Agreement setting forth performance standards or having the effect of reserving ultimate authority in Bootlegger Runs have been inserted on behalf of the Customers and are included specifically for their benefit.

4.3.

Bootlegger Runs shall report all payments made to Driver on a calendar year basis using IRS Form 1099, if the volume of payments to Driver so qualify. Driver agrees to report all other renumeration received such as cash gratuities to the appropriate federal, state, and local taxing authorities as required by law.

4.4.

Driver understands and agrees that providing Delivery Services via the Website is not intended to be, nor shall be used by Driver as a full-time vocation. Driver agrees to not devote more than 7 hours per day and/or 35 hours per seven-day period to providing Bootlegger Runs Delivery Services.

4.5.

Driver understands and agrees that Bootlegger Runs does not provide any insurance coverage whatsoever on the operations of Driver, it's personnel, or vehicles and equipment.

5. Payment of Runs

5.1.

The amount of gross compensation for any Run agreed to be performed by Driver shall be exclusively negotiated directly between Driver and Customer. For any such Run, Bootlegger Runs will receive the gross payment for Delivery Services satisfactorily rendered directly from the Customer. Upon successfully completing each Run, Driver will receive the agreed payment from Bootlegger Runs (the "Driver's Payment") via Stripe Digital Wallet system where the Driver can receive their payment via VISA, ACH, or bank card advance.

5.2.

The amount of the Driver's Payment relative to the gross compensation paid by the Customer shall be pursuant to a separately published schedule accessible to Drivers on the Website (the "Driver's Payment Schedule"). The Driver's Payment Schedule may contain various incentive milestones and other features. The Driver's Payment Schedule may be modified prospectively at any time by Bootlegger Runs. Driver's continued use of the Website to accept and perform Runs constitutes agreement to any modification in the Driver's Payment Schedule.

5.3.

From time to time, Bootlegger Runs may offer other Delivery Services for Driver to earn more money for performing Delivery Services at specified times or in specified locations different from the Driver's Payment Schedule. Further, nothing prevents the Parties from negotiating a different rate of pay for such services, and Driver is free to accept or deny any such opportunities to earn different rates of pay.

6. Termination

6.1.

Either Party may terminate this Agreement unilaterally, at any time, and without advance notice. As part of Bootlegger Runs terminating this Agreement, Bootlegger Runs shall deactivate Driver's access to the Website.

7. Disputes, Deactivation, and Review

7.1.

In the event there is a Service Failure, as determined in Bootlegger Runs' sole discretion, Driver shall not be entitled to payment for the Run other than as Bootlegger Runs may decide. As a pre-condition to the fling of any suit against Bootlegger Runs, Driver shall request a review of any such decision by notifying Bootlegger Runs at info@BootleggerRuns.com, and providing any documents or other information in support of Driver's challenge.

7.2.

This Agreement is governed and construed pursuant to Tennessee law. Any suit against Bootlegger Runs shall be filed in courts located in Knox County, Tennessee. Driver expressly WAIVES THE RIGHT TO TRIAL BY JURY.

8. Equipment and Expenses

8.1.

Driver agrees that Driver is responsible for all costs and expenses arising from Driver's performance of Delivery Services

8.2.

Driver shall be responsible for risk of loss of Driver's vehicles and equipment and have proper insurance, as desired, to cover any such loss.

8.3.

Driver's negotiation of the gross price Customer will pay for the Run shall anticipate the amount of Driver's Payment to include and cover any of Driver's expenses including but not limited to increases in fuel costs, tolls, and parking fees.

9. Insurance and Permits

9.1.

Driver shall at all times when performing Runs maintain, at Driver's expense, commercial use liability insurance on Driver's vehicles used for the Runs in the minimum amounts required by Driver's jurisdiction of residence as well as any required licenses and permits. On request, Driver agrees to deliver to Bootlegger Runs, current certificates of insurance as proof of coverage, as well as copies of current permits and licenses. Driver agrees to give Bootlegger Runs at least thirty (30) days' prior written notice before cancellation of any insurance policy or the termination of any permit or license required by this Agreement.

9.2.

Driver shall procure and maintain any other insurance on Driver's operations as may be required by the law of Driver's jurisdiction of residence.

10. Indemnity

10.1.

Driver agrees to indemnify, protect, and hold harmless Bootlegger Runs, and all parent, subsidiary and/or affiliated companies, as well as its past and present successors, assigns, officers, owners, directors, agents, representatives, attorneys, and employees ("Bootlegger Runs Indemnitees"), from any and all claims and losses asserted by a third party against a Bootlegger Runs Indemnitee arising directly or indirectly from (i) the actions or inactions of Driver, (ii) the obligations of Driver to Customers or others, (iii) any payment, including but not limited to taxes, Bootlegger Runs may have to pay on account of Driver (for any reason), and/or (iv) the breach of this Agreement.

11. Limit of Liability

11.1.

Bootlegger Runs' liability to Driver is limited. In no event shall Bootlegger Runs be liable to Driver under this Agreement, in tort, other contract, negligence, strict liability, statutory liability, or pursuant to any other theory for any amount of damages, however described, in excess of the amount of the total of Driver's Payments distributed to Driver in the three (3) months' preceding the event triggering Driver's claim against Bootlegger Runs. Furthermore, Driver waives any claim against Bootlegger Runs for punitive or exemplary damages, loss of use of property, and lost profits.

11.2.

To the extent allowed by applicable law, Driver agrees that any proceeding to litigate in court any dispute arising out of or relating to this Agreement will be conducted solely on an individual basis, and Driver agrees not to seek to have any controversy, claim or dispute heard as a class action, a private attorney-general action, or in any proceeding in which Driver acts or proposes to act in a representative capacity.

12. Miscellaneous

12.1.

This Agreement constitutes the entire agreement and understanding between the Parties with respect to the subject matter of this Agreement.

12.2.

The failure of Bootlegger Runs in any instance to insist upon strict performance of the terms of this Agreement shall not be construed as a waiver or relinquishment of such term and such term shall continue in full force and effect.

12.3.

Captions appearing in this Agreement are for convenience only and do limit, amplify, modify, or otherwise affect the text of terms and provisions of this Agreement.

12.4.

If any part of this Agreement is declared unlawful or unenforceable, the remainder of this Agreement shall remain in full force and effect.

12.5.

Signatures of the Parties hereto are waived. As stated above, Driver's use of the Website and acceptance of Runs constitutes Driver being bound by the terms of this Agreement.