Independent Truck Driver Contract Template

This Independent Truck Driver Contract Agreement (“Agreement”) is made between [Client.FirstName][Client.LastName] of [Client.Company] with a mailing address of [Client.StreetAddress], City of [Client.City], State of [Client.State] (“Client”); AND [Contractor.Company] with a primary place of business at [Contractor.StreetAddress], City of [Contractor.City], State of [Contractor.State] (“Contractor”). The Client and the Contractor shall be known collectively as the “Parties.”

This Agreement shall go into effect as of the (number) day of (month), (year).

In consideration of the terms and conditions contained herein, the Parties enter into this Agreement.

Terms and Conditions

1. Independent Contractor

This Agreement does not constitute and shall not be construed as constituting or creating an employer/employee relationship between [Client.Company] and [Contractor.Company]. The Contractor is an independent contractor, and neither the Contractor nor the Contractor's employees or contract personnel are or shall be deemed the Client's employees.

2. Independent Contractor Rights

In its capacity as an independent contractor, the Contractor agrees and represents, and the Client agrees, as follows: (check all that apply)

__ – The Contractor is free to perform Services for others during the term of this Agreement.

__ – The Client shall require neither the Contractor nor the Contractor's employees or contract personnel to dedicate full-time hours to the performance of the Services required in this Agreement.

__ – The Contractor has the sole right to direct the means, manner, and method by which the Services required by this Agreement will be performed. The Contractor shall select the routes taken, days of work, starting and quitting times, and the order in which Services are performed.

__ – The Contractor has the right to hire assistants as subcontractors or to use employees to provide the Services required by this Agreement.

__ – The Services required by this Agreement shall be performed exclusively by the Contractor, the Contractor's employees, or contract personnel. The Client shall not hire or pay any assistants to help Contractor.

__ – Neither the Contractor nor the Contractor's employees or contract personnel shall be required to wear any uniforms the Client provides.

__ – Neither the Contractor nor the Contractor's employees or contract personnel shall receive any training from the Client in the professional skills necessary to perform the Services required by this Agreement.

3. Services to Be Performed

The Contractor agrees to perform the following services: (include information about what services will be included within this contract agreement.) (“Services”)

4. Payment/Rate

In consideration for the Services to be performed by the Contractor, the Client agrees to pay the Contractor in the following manner:

("Payment) (Payment terms can include rate per mile, payment intervals, per diem allowances, etc.)

The Contractor shall be paid within (number of days) after the Contractor submits an invoice to the Client. The invoice should include the following details: an invoice number, the dates covered by the invoice, a summary of the services performed, and any other information or details required by this Agreement.

5. Expenses

The Contractor and the Client agree as follows: (check selection):

__ – Contractor shall be responsible for all expenses incurred while performing the Services under this Agreement. This may include travel expenses; vehicle repair and maintenance costs; vehicle permits and other license fees; insurance fees; fuel, road, and other taxes; fines and tickets; meals; pager, radio, and cell phone expenses; and all salary, expenses, and other compensation paid to employees or contract personnel the Contractor may hire to complete the work under this Agreement.

__ – Client shall reimburse Contractor within (number) days after receipt of an itemized statement for the following acceptable expenses that are attributable directly to the Services performed under this Agreement:

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6. Term

This Agreement shall be (month-to-month, annual, for a period of X days/months, etc.), but may be terminated sooner by either party if in accordance with Section 13.

7. Vehicles and Equipment

The Contractor will furnish all vehicles, tools, equipment, and materials used to effectively provide the Services required by this Agreement. The Client will not require the Contractor to rent or purchase any product, equipment, or service as a condition of entering this Agreement unless stated otherwise herein.

8. Accident Reports

The Contractor shall immediately report any accident involving operations under this Agreement. If the Contractor fails to notify the Client within (number) days, the Client shall have grounds to terminate the Contractor with no recourse. The Contractor assumes full liability for any and all damages resulting from failure to notify the Client within the timeframe designated herein, including but not limited to claims by third parties, fines, and attorney fees.

9. Business Permits, Licenses, and Certificates

The Contractor represents and warrants that the Contractor and the Contractor's employees and contract personnel will comply with all local, state, and federal laws requiring drivers to maintain certain permits, licenses, and certificates required to carry out the Services to be performed as described in this Agreement.

10. State and Federal Taxes

The Contractor shall pay all taxes incurred while performing Services under this Agreement, including all applicable income taxes and, if the Contractor is not a corporation, self-employment (Social Security) taxes. Upon demand, the Contractor shall provide the Client with verification that such payments have been made.

The Client shall not withhold FICA (Medicare and Social Security taxes) from the Contractor's payments or make FICA payments on the Contractor's behalf, make state or federal unemployment compensation contributions on the Contractor's behalf, or withhold state or federal income tax from the Contractor's payments.

11. Benefits

The Contractor understands that neither the Contractor nor the Contractor's employees or contract personnel are eligible to participate in any employee pension, health benefits, vacation pay, sick pay, or any other type of benefit plan of the Client.

12. Insurance

The Client shall not provide insurance coverage of any kind for the Contractor or the Contractor's employees or contract personnel. The Contractor shall obtain the following insurance coverage and maintain it during the entire term of this Agreement: (check all that apply)

__ – Automobile liability insurance for each vehicle used in the performance of this Agreement in the minimum amount of $(dollar amount) combined single limit per occurrence for bodily injury and property damage.

__ – Comprehensive or commercial general liability insurance coverage in the minimum amount of $(dollar amount) combined single limit, including coverage for personal injury, bodily injury, contractual liability, cross liability, and broad form property damage.

Before commencing any Services, the Contractor shall provide the Client with proof of this insurance and with proof that the Client has been made an additional insured under the policies.

13. Indemnification

The Contractor shall indemnify and hold the Client harmless from any liability or loss arising from performing Services specified in this Agreement.

14. Termination

With reasonable cause, either the Client or the Contractor may terminate this Agreement, effective immediately upon giving written notice. Reasonable cause includes a material violation of this Agreement, any act exposing the other party to liability to others for personal injury or property damage, or either party terminating this Agreement at any time by giving a minimum of (number) days' written notice to the other party with the intent to terminate.

15. Exclusive Agreement

This is the entire Agreement between the Client and the Contractor.

16. Modifications

This Agreement may only be modified in writing if acknowledged and signed by both parties.

17. Applicable Law

This Agreement shall be governed under the State of [Client.State]​ laws.

18. Attachments

If applicable, there are the following attachments to this Agreement described as:

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Signatures of Parties to this Agreement