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Independent Driver Agreement

Revised — Binding Contract

This Independent Driver Agreement ("Agreement") is entered into between Boomerang Express ("Company") and the undersigned independent contractor ("Driver").

1. Independent Contractor Relationship

Driver is an independent contractor and not an employee, agent, partner, or joint venturer of Company.

Driver expressly acknowledges that:

  • Driver is engaged in an independently established business
  • Driver has full control over the manner, means, and method of performing deliveries
  • Company does not control how deliveries are performed, only the result (completed delivery)
  • Nothing in this Agreement creates any employment relationship

Driver is solely responsible for:

  • Taxes, withholdings, and filings
  • Licenses and permits
  • Business expenses

2. Platform Role of Company (IMPORTANT)

Company operates solely as a technology platform that connects customers, merchants, and independent drivers.

Company:

  • Does not provide delivery services
  • Does not employ drivers
  • Does not control routes, methods, or execution of deliveries

Driver acknowledges they are providing delivery services directly to customers, not on behalf of Company.

3. Work Flexibility / No Obligation

Driver has complete discretion to:

  • Choose when to log in or work
  • Accept, reject, or ignore delivery opportunities
  • Work for competing platforms at any time

Company does not:

  • Require minimum hours
  • Guarantee earnings
  • Assign mandatory work

4. Delivery Obligations (If Accepted)

If Driver voluntarily accepts a delivery opportunity, Driver agrees to:

  • Complete delivery in a timely and professional manner
  • Ensure goods are delivered safely and without tampering
  • Follow all applicable laws, including traffic and safety laws
  • Verify age and identification where legally required

Driver is solely responsible for all actions taken while performing deliveries.

5. Equipment, Expenses, and Operations

Driver is solely responsible for all tools and costs required to perform services, including:

  • Vehicle or transportation method
  • Fuel, maintenance, and repairs
  • Mobile device and data service
  • Insurance coverage
  • Any other operating expenses

Company does not reimburse expenses.

6. Payment Terms

  • Driver is paid per completed delivery
  • Payment is issued after Company receives funds from the applicable transaction
  • Payment timing is approximate and not guaranteed
  • Applicable processing or transfer fees may apply

Tips

  • Driver retains 90% of tips
  • Tips may be provided via the platform or directly by customers
  • Company does not guarantee tip amounts

7. Service Failures and Account Status

Driver acknowledges:

  • Failure to complete a delivery may result in non-payment
  • Repeated service failures may result in suspension or deactivation
  • Company reserves the right to remove platform access at its sole discretion

Nothing in this Agreement guarantees continued access to the platform.

8. Insurance and Risk Assumption

Driver agrees to maintain, at their own expense:

  • Valid vehicle insurance
  • Minimum $500,000 combined single limit, or higher if required by law

Driver assumes all risk of loss, damage, injury, or liability arising from:

  • Use of their vehicle
  • Performance of delivery services

9. Indemnification (CRITICAL)

Driver agrees to defend, indemnify, and hold harmless Company and its owners, officers, and affiliates from any and all claims, damages, liabilities, losses, or expenses (including legal fees) arising out of or related to:

  • Driver's actions or omissions
  • Delivery services performed by Driver
  • Violations of law
  • Injury, death, or property damage caused by Driver

10. Limitation of Liability

To the fullest extent permitted by law:

Company shall not be liable for:

  • Any indirect, incidental, or consequential damages
  • Loss of income, profits, or business opportunities
  • Any damages arising from Driver's use of the platform

Company's total liability, if any, shall not exceed amounts paid to Driver in the prior 30 days.

11. Taxes

Driver is solely responsible for:

  • Reporting all income
  • Paying all federal, state, territorial, and local taxes

Company may issue a 1099-NEC where applicable.

12. Communication Consent

Driver consents to receive communications from Company, including:

  • Calls
  • SMS/text messages
  • App notifications
  • Emails

These communications may include operational updates and account notices.

13. Termination / Deactivation

This Agreement may be terminated at any time by either party.

Company may deactivate Driver's access at its sole discretion, including but not limited to:

  • Safety concerns
  • Fraud or misconduct
  • Legal violations
  • Failure to meet platform standards

14. Dispute Resolution

  • All disputes shall be resolved through binding arbitration
  • Driver waives the right to participate in class actions
  • Driver may opt out of arbitration within 30 days of signing

15. No Exclusivity

Driver is free to:

  • Perform services for any other company
  • Operate independently
  • Build their own delivery business

16. Entire Agreement

This Agreement represents the entire understanding between the parties and supersedes all prior discussions.

17. Acknowledgment

By signing below, Driver confirms that:

  • They have read and understand this Agreement
  • They agree to all terms
  • They are legally authorized to perform delivery services

Binding Signature

By completing the fields below and submitting, Driver enters into this Agreement electronically. An electronic signature has the same legal effect as a handwritten signature.

Sign with your mouse, finger, or stylus.

Boomerang Express

Authorized Representative

Michael Pemberton

Michael Pemberton · Date: 2026-06-24

Driver

Pending signature

Date:

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