This agreement (the "Agreement") is made and entered between you ("Contractor" or "you"), an independent Contractor engaged in the collecting recyclables from businesses, organizations and households ("BOTTLEROCKET").
IMPORTANT: PLEASE NOTE THAT TO USE THE BOTTLEROCKET PLATFORM AS A CONTRACTOR, YOU MUST AGREE TO THE TERMS AND CONDITIONS SET FORTH BELOW. PLEASE REVIEW THE MUTUAL ARBITRATION PROVISION SET FORTH BELOW IN SECTION 11 CAREFULLY, AS IT WILL REQUIRE YOU TO RESOLVE DISPUTES WITH BOTTLEROCKET ON AN INDIVIDUAL BASIS, EXCEPT AS OTHERWISE PROVIDED IN SECTION 11, THROUGH FINAL AND BINDING ARBITRATION UNLESS YOU CHOOSE TO OPT OUT OF THE MUTUAL ARBITRATION PROVISION. BY DIGITALLY SIGNING THIS AGREEMENT, YOU WILL BE ACKNOWLEDGING THAT YOU HAVE READ AND UNDERSTOOD ALL OF THE TERMS OF THIS AGREEMENT (INCLUDING THE MUTUAL ARBITRATION PROVISION IN SECTION 11) AND HAVE TAKEN TIME TO CONSIDER THE CONSEQUENCES OF THIS IMPORTANT BUSINESS DECISION. IF YOU DO NOT WISH TO BE SUBJECT TO ARBITRATION, YOU MAY OPT OUT OF THE MUTUAL ARBITRATION PROVISION BY FOLLOWING THE INSTRUCTIONS PROVIDED IN SECTION 11 BELOW.
BOTTLEROCKET provides a mobile app and web-based technology platform that connects customers, retail stores, and restaurants, schools with independent contractors to facilitate on-demand collection services (the "BOTTLEROCKET Platform" or "Platform"). Through the BOTTLEROCKET Platform customers may request collection of recyclables to be collected directly from their doorstep from particular retail locations, restaurants, institutions or home address. Independent Contractors can access the BOTTLEROCKET Platform and receive collection opportunities (as defined in section 3A. below). BOTTLEROCKET is not a retail store, recycler, hauling delivery service, or merchandise delivery service.
Contractor is a fully-licensed, independent provider of collection services, authorized to conduct the collection services contemplated by this Agreement in the geographic location(s) in which Contractor operates. Contractor is in lawful possession of all equipment (including a motor vehicle or bicycle, if applicable) necessary to perform the collection services contemplated by this Agreement in accordance with all applicable laws. Contractor desires to enter into this Agreement for the right to access the BOTTLEROCKET Platform to receive collection opportunities made available through the Platform. When performing services pursuant to the terms of this Agreement, Contractor understands and expressly agrees that Contractor is not doing so as an employee of BOTTLEROCKET, any Merchant, or customer. Contractor understands Contractor is free to select those times Contractor wishes to be available on the BOTTLEROCKET Platform to receive collection opportunities and to select only those deliveries Contractor wishes to select.
In consideration of the above recitals and the mutual promises below, and for other good and valuable consideration, BOTTLEROCKET and Contractor (collectively "the Parties") agree as follows:
1A. This Agreement governs the entire relationship between BOTTLEROCKET and Contractor, and establishes the Parties' respective rights and obligations applicable to the "Delivery Opportunities" (as defined in Section 3A below) made available to Contractor through the Platform. In exchange for the promises contained in this Agreement, Contractor shall have the contractual right and obligation to perform those Delivery Opportunities that Contractor accepts ("Deliveries", defined in Section 3A below). However, except as expressly stated in Section 12, "Term and Termination," below, nothing in this Agreement requires Contractor to perform any particular Delivery during the Term of this Agreement, and nothing in this Agreement shall guarantee Contractor any particular volume of Delivery Opportunities or Deliveries for any particular time period.
1B. Per the terms of this Agreement, Contractor shall be contractually bound to complete the Deliveries in accordance with any specifications provided by the customer and/or Merchant (as defined in Section 3A below).
2A. Contractor agrees and represents that Contractor is an independent provider of collection services, and that Contractor satisfies all legal requirements necessary to perform the services contemplated by this Agreement. As an independent contractor, Contractor shall be solely responsible for determining how to lawfully perform collections.
2B. Contractor agrees to fully perform all collections accepted in a timely, efficient, safe and lawful manner. BOTTLEROCKET shall have no right to, and shall not, supervise, direct or control Contractor, or control the manner or prescribe the method Contractor uses to perform collections, and the general public and all governmental agencies regulating the activities contemplated by this Agreement shall be so informed. Contractor shall be solely responsible for determining the most effective, efficient, satisfactory, and safe manner to perform collections, including determining the manner of pickup, delivery, and route selection. The Parties acknowledge and agree that those provisions of the Agreement reserving ultimate authority in BOTTLEROCKET have been inserted solely to achieve compliance with federal, state, or local laws, regulations, and interpretations thereof and/or to ensure the safety of the Platform for all users.
2C. Contractor expressly acknowledges and agrees that as a separately established provider of collection services, Contractor retains the right to perform services for others and to hold itself out to the general public as a separately established provider of collection services. Nothing in this Agreement shall prevent Contractor or BOTTLEROCKET from engaging in similar arrangements or business with others. BOTTLEROCKET neither has nor reserves the right to restrict Contractor at any time from performing collection services for other entities, or customers, even should such business directly compete with BOTTLEROCKET. Provided Contractor can meet the customer's specifications, and unless prohibited by law, nothing in this Agreement shall prohibit Contractor from carrying and/or delivering goods for other(s) of Contractor's customers at the same time while delivering orders requested by customers through the BOTTLEROCKET Platform. Similarly, Contractor is not limited in any way from being actively logged onto online platforms other than the BOTTLEROCKET Platform while actively logged onto the BOTTLEROCKET Platform, subject only to the limitation that Contractor's use of other online platforms may not prevent Contractor's ability to timely, efficiently and safely complete any Deliveries Contractor has accepted through the BOTTLEROCKET Platform.
2D. Contractor is not required to purchase, lease, or rent any products, equipment, or services from BOTTLEROCKET as a condition of doing business with BOTTLEROCKET or entering into this Agreement.
2E. Contractor agrees that to ensure the safety of the BOTTLEROCKET Platform, BOTTLEROCKET shall require that Contractor submit to and pass a background check before Contractor receives access to the BOTTLEROCKET Platform or is given continued access to the Platform. Additionally, , Contractor agrees that, in accordance with applicable law and at BOTTLEROCKET' sole discretion, periodically during the term of this Agreement (as defined in Section 12 below) BOTTLEROCKET may require that Contractor submit to and pass additional background check(s). BOTTLEROCKET agrees that any such check(s) may be conducted only with Contractor's consent (as applicable) and in accordance with applicable law.
2F. On occasion, BOTTLEROCKET may offer Contractor different promotions or referral programs. Contractor agrees not to abuse or manipulate the referral programs or promotions. Contractor understands that any abuse or manipulation constitutes a material breach of this Agreement and may lead to deactivation.
3A. While Contractor is actively logged onto the BOTTLEROCKET Platform, the Platform will, from time to time, notify Contractor of the opportunity to collect recyclables from restaurants, retail stores, households, businesses, school, customers as ordered by customers through the Platform (each, a "Collection Opportunity"). With respect to each Collection Opportunity accepted by Contractor (a "Collection"), Contractor agrees to retrieve the recyclables from restaurants, retail locations, households, businesses, schools (collectively "Merchants") and the order to customers in a timely fashion. Contractor understands that the customer, not BOTTLEROCKET, determines the content of the collection. Contractor understands that BOTTLEROCKET shall have no right to, and shall not, supervise, direct, or control the manner or prescribe the method Contractor uses to perform the collection. Contractor understands and agrees that the parameters of each collection are established by the customer, not BOTTLEROCKET, and represent the end result desired, not the means by which Contractor is to accomplish the end result.
3B. Contractor agrees that BOTTLEROCKET has discretion regarding which, if any, Collection Opportunities to offer Contractor, just as Contractor has the discretion whether and to what extent to accept any Delivery Opportunity.
3C. Contractor agrees that if Contractor accepts a Collection Opportunity that includes alcohol, Contractor is solely responsible for ensuring that the Delivery complies with all federal, state, and local laws, including but not limited to ensuring that the individual accepting the delivery is the individual who placed the order, has provided valid identification, is 21 years old or older, and is not intoxicated.
3D. Contractor authorizes BOTTLEROCKET, during the course of a Collection, to communicate with Contractor, customer and/or Merchant to assist Contractor, to the extent permitted by Contractor, in facilitating deliveries. However, under no circumstances shall BOTTLEROCKET be authorized to control the manner or means by which Contractor performs a Collection.
3E. In the event Contractor fails to fully perform any collection due to Contractor's action or omission (a "Service Failure"), BOTTLEROCKET reserves the right to recover any costs incurred by BOTTLEROCKET related to the Service Failure. If Contractor fails to complete a return of any item that cannot be delivered (a "Return Failure"), BOTTLEROCKET reserves the right to recover any costs incurred by BOTTLEROCKET related to the Return Failure. If Contractor disputes responsibility for a Service Failure or Return Failure, the dispute shall be resolved pursuant to the "Payment Disputes" provision in Section 5 below.
4A. BottleRocket agrees to pay a collection fee paid to Contractor. Platform in exchange for each collection completed. BOTTLEROCKET agrees to use its best efforts to establish collection fees for each locality and time slot that will maximize the collection opportunities available to Contractor. Contractor will receive notice of how collection fees are calculated prior to accepting the collection. Contractor understands that collection fees paid through the Platform may vary depending on customer demand. BOTTLEROCKET may, but is not obligated to, offer Contractor additional incentives to complete particular collection opportunities.
4B. Contractor agrees to transmit collection fees to BOTTLEROCKET via direct deposit no later than two (2) days after Contractor successfully completes the related Collection through the Platform. Contractor is responsible for any applicable processing fees associated with such remittance.
4C. Nothing in this Section 4 is intended to limit the Parties' ability during the Term of this Agreement (as defined in Section 12 below) to mutually agree to a payment structure different than that described herein.
5A. Contractor's Failure: In the event there is a Service Failure, Contractor may forfeit all or a portion of the fee relating to that collection (depending on the extent of the performance failure). Any reduction in the collection fee shall be based upon proof provided by the customer, Merchant, Contractor, and any other party with information relevant to the dispute. BOTTLEROCKET shall make the initial determination as to whether a Service Failure was the result of Contractor's action/omission and, if so, what percentage of fault Contractor shall bear (and, therefore, what percentage of the collection fee Contractor shall be paid). Contractor shall have the right to challenge BOTTLEROCKET' determination as described in the provisions set forth in Sections 11 and 12, below.
5B. BOTTLEROCKET' Failure: In the event BOTTLEROCKET fails to remit payment of collection fees in a timely or accurate manner, Contractor shall have the right to seek proper payment by any legal means contemplated by this Agreement, provided, however, Contractor first informs BOTTLEROCKET in writing of the failure and provides a reasonable opportunity to cure it.
6A. Contractor certifies that Contractor has all equipment, including motor vehicles, scooters and bicycles, when applicable ("Equipment") necessary to perform Collections. When Contractor uses a vehicle or scooter to perform a collection, Contractor is solely responsible for ensuring that the vehicle or scooter used conforms to all vehicle laws pertaining to safety, equipment, inspection, and operational capability.
6B. Contractor is responsible for all costs and expenses arising from Contractor's performance of collection, including, but not limited to, traffic tickets, tolls, parking fees, inspections, and any other costs related to Equipment. Except as otherwise required by law, Contractor assumes all risk of damage or loss to its Equipment.
7A. The Parties acknowledge and agree that this Agreement is between independent businesses, schools and houses that are separately owned. The Parties intend this Agreement to create the relationship of principal and independent Contractor and not that of employer and employee. The Parties are not employees, agents, joint venturers or partners of each other for any purpose. Neither party shall have the right to bind the other by contract or otherwise except as specifically provided in this Agreement.
7B. For a Contractor who earns the minimum income established by the Internal Revenue Service, BOTTLEROCKET shall report all payments made to Contractor on a calendar year basis using an applicable IRS Form 1099. Contractor agrees to report all such payments to the appropriate federal, state, and local taxing authorities.
8A. As a condition of doing business with BOTTLEROCKET, and at Contractor's own expense, Contractor shall, during the Term of this Agreement (as defined in Section 12 below), maintain current insurance of the types and in the amounts required by law in the jurisdiction in which Contractor operates to perform Contractor's services as contemplated by this Agreement. This includes, but is not limited to, vehicle insurance that satisfies the minimum vehicle insurance coverage amounts and types required by state or local law. BOTTLEROCKET may offer Contractor the opportunity to participate in certain group insurance plans made available by third party providers to collection service providers like Contractor who use the BOTTLEROCKET Platform. However, Contractor is under no obligation to participate in such plans.
8B. Contractor is solely responsible for conducting the appropriate research and consultation necessary to determine the insurance types and amounts Contractor must maintain. Contractor acknowledges that Contractor's failure to secure or maintain satisfactory insurance coverage, including but not limited to vehicle insurance if applicable, shall be deemed a material breach of this Agreement and shall result in the termination of the Agreement, the loss of Contractor's right to receive Collection Opportunities, and deactivation of the Contractor's account on the BOTTLEROCKET Platform.
8C. Workers' Compensation/Occupational Accident Insurance: Contractor agrees that Contractor will not be eligible for workers' compensation benefits through BOTTLEROCKET, and instead, will be responsible for providing Contractor's own workers' compensation insurance or occupational accident insurance, if permitted by law.
8D. Notification of Coverage: Contractor agrees to deliver to BOTTLEROCKET, upon request, current certificates of insurance as proof of coverage. Contractor agrees to make available updated certificates each time Contractor purchases, renews, or alters Contractor's insurance coverage. Contractor agrees to give BOTTLEROCKET at least thirty (30) days' prior written notice before cancellation of any insurance policy required by this Agreement. BOTTLEROCKET reserves the right to require Contractor to identify BOTTLEROCKET as an additional insured on Contractor's vehicle insurance.
9A. Contractor agrees to indemnify, protect, and hold harmless BOTTLEROCKET, including all parent, subsidiary, and/or affiliated companies, as well as its and their past and present successors, assigns, officers, owners, directors, agents, representatives, attorneys, and employees, from any and all claims, demands, damages, lawsuits, losses, liabilities and causes of action arising directly or indirectly from, as a result of or in connection with, the actions of Contractor arising from the performance of Deliveries under this Agreement, including but not limited to, personal injury to or death of any person (including Contractor), as well as any liability arising from Contractor's failure to comply with the terms of this Agreement. Contractor's obligations hereunder shall include the cost of defense, including attorneys' fees, as well as the payment of any final judgment rendered against or settlement agreed upon by BOTTLEROCKET or its parent, subsidiary, and/or affiliated companies.
9B.Contractor agrees to indemnify, protect, and hold harmless BOTTLEROCKET, including all parent, subsidiary, and/or affiliated companies, as well as its and their past and present successors, assigns, officers, owners, directors, agents, representatives, attorneys, and employees from any and all tax liabilities and responsibilities for payment of all federal, state, and local taxes, including, but not limited to all payroll taxes, self-employment taxes, workers' compensation premiums, and any contributions imposed or required under federal, state, and/or local laws, that are owed by Contractor with respect to Contractor's providing Collection services through the BOTTLEROCKET Platform.
9C. Contractor agrees to be responsible for, indemnify, and hold harmless BOTTLEROCKET, including all parent, subsidiary, and/or affiliated companies, as well as its and their past and present successors, assigns, officers, owners, directors, agents, representatives, attorneys, and employees from all costs of Contractor's business, including, but not limited to, the expense and responsibility for any and all applicable insurance, local, state, and/or federal licenses, permits, taxes, and assessments of any and all regulatory agencies, boards or municipalities.
10A. To expedite resolution and reduce the cost of any dispute, controversy, or claim related to this Agreement or otherwise arising from the relationship between Contractor and BOTTLEROCKET, the Parties mutually agree to first attempt to negotiate any dispute informally for at least thirty (30) days before initiating any arbitration proceeding. Such informal negotiations will commence upon written notice of any dispute by either Party. Contractor's address for such notices is Contractor's most recent address on file with BOTTLEROCKET as provided by Contractor.
11A. Arbitration of Disputes. BOTTLEROCKET and Contractor mutually agree to resolve any disputes between them exclusively through final and binding arbitration instead of filing a lawsuit in court.
11B. BY AGREEING TO ARBITRATE DISPUTES BETWEEN THEM AS DESCRIBED HEREIN THE PARTIES TO THIS AGREEMENT AGREE THAT ALL SUCH DISPUTES WILL BE RESOLVED THROUGH BINDING ARBITRATION BEFORE AN ARBITRATOR AND NOT BY WAY OF A COURT OR JURY TRIAL.
12A. This Agreement shall remain in full force and effect for a term of one (1) year from the date it is accepted by Contractor and may not be terminated early without penalty except in the following limited circumstances:
12B. The following acts and/or occurrences shall constitute a material breach of this Agreement:
12C. Early termination of this Agreement by BOTTLEROCKET without proper notice (as established in subsection A above) shall result in liquidated damages of $100.00 for each day that notice is not properly provided to Contractor, up to a maximum amount of $500.00. The Parties acknowledge that liquidated damages are appropriate because actual damages are not reasonably ascertainable.
12D. A party that receives notice of termination must continue to fulfill its obligations under this Agreement for the entire notice period. Failure to perform shall constitute early termination and shall subject the party to the liquidated damages provision in subparagraph C above. By executing this Agreement, Contractor agrees that any liquidated damages assessed against it may be deducted from any amount Contractor is owed in collection fees, unless otherwise prohibited by law.
12E. Other than for failure to maintain the minimum customer star rating, or illegal or destructive acts, in the event Contractor disputes that he or she materially breached this Agreement, Contractor may challenge BOTTLEROCKET' decision using the Dispute Resolution process described in Section 11, above. In all such instances, the parties will be responsible for their own attorneys' fees and costs, subject to any remedy to which they may be entitled under applicable law and which would otherwise be available in a court of law, but BOTTLEROCKET shall bear the Arbitrator's and arbitration fees and costs. Notwithstanding the foregoing, as set forth below, Contractor is not precluded from asserting that applicable law requires BOTTLEROCKET to bear the Arbitrator's and arbitration fees and costs, even for failure to maintain the minimum customer star rating, or illegal or destructive acts. In the event there is a dispute in this regard, the Arbitrator must determine the appropriate apportionment of fees at the earliest practicable time following commencement of the arbitration.
12F. If not terminated, the Agreement shall be automatically renewed for successive one-year terms, unless terminated by either party as described in Sections 12A and 12B.
12G. Contractor's and BOTTLEROCKET' obligations and rights arising under Section 2, 5, 6, 7, 8, 9, 10, 11, 12, 13 and 14 of this Agreement shall survive termination of this Agreement and deactivation of Contractor's account.
13A.This Agreement shall constitute the entire agreement and understanding between the Parties with respect to the subject matter of this Agreement and shall not be modified, altered, changed or amended in any respect, unless in writing and executed by both Parties. This Agreement supersedes any prior contract between the Parties. To the extent BOTTLEROCKET' Terms of Service Agreement (as may be periodically updated) is inconsistent or conflicts with this Agreement, this Agreement controls. This Agreement may not be assigned by either party without written consent of the other and shall be binding upon the Parties hereto, including their heirs and successors, provided, however, that BOTTLEROCKET may assign its rights and obligations under this Agreement to an affiliate of BOTTLEROCKET or any successor(s) to its business and/or purchaser of all or substantially all of its stock or assets. References in this Agreement to BOTTLEROCKET shall be deemed to include such successor(s).
13B. The failure of BOTTLEROCKET or Contractor in any instance to insist upon a strict performance of the terms of this Agreement or to exercise any option herein, shall not be construed as a waiver or relinquishment of such term or option and such term or option shall continue in full force and effect.
14A. No Services Required. Nothing in this Agreement requires a Contractor to provide any services. Contractor may cease accepting Collection Opportunities at any time without providing BOTTLEROCKET notice of Contractor's intention to stop performing services.
14B. Captions. Captions appearing in this Agreement are for convenience only and do not in any way limit, amplify, modify, or otherwise affect the terms and provisions of this Agreement.
14C. Savings Clause. Except as provided in Section 11, if any part of this Agreement is declared unlawful or unenforceable, the remainder of this Agreement shall remain in full force and effect.
14D. Force Majeure. The performance of the obligations of this Agreement on the part of either BOTTLEROCKET or Contractor shall be excused by reasons of closing of public highways, changes in operations, strikes or work stoppages, weather conditions that make operations unsafe or impractical, Acts of God, or the temporary or permanent cessation of business by BOTTLEROCKET or Contractor.
14E. Communications. Contractor agrees that BOTTLEROCKET or its representatives may contact Contractor by email, phone, push notifications or SMS (including by use of an automatic telephone dialing system) at the email address, phone or phone number Contractor provides, including for marketing purposes. Contractor also agrees and understands that he or she cannot receive Collection Opportunities and thus cannot provide services on the Platform unless SMS and push notifications are enabled.
14H. Terms of Service. Contractor represents and warrants that he or she has reviewed, understands and agrees to the BOTTLEROCKET Terms of Service and which are expressly incorporated herein by reference.
A copy of this Agreement can be found at www.bottlerocketrecycle.com/fleet/agreement.
By entering into this Agreement, I represent that I understand and agree that I will perform services under this Agreement as an Independent Contractor, not an employee.
By entering into this Agreement, I represent that I have read and understand and agree to the Mutual Arbitration Provision in Section 11, subject to my right to opt out of said Mutual Arbitration Provision, as described above.
If you disagree with any of the terms of this Agreement, please visit the Fleet Help Center and contact support to negotiate those terms with BOTTLEROCKET BEFORE accepting this Agreement.
By entering into this Agreement, I expressly acknowledge and agree that I have read and fully understand the provisions of this Agreement, I had sufficient time and opportunity to consult with legal and tax advisors before executing this Agreement, I am legally competent to enter into this Agreement, and I agree to be bound by this Agreement.
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