Delivery driver contract template (US)

Independent Contractor Delivery Driver Agreement

Whether a driver is an employee or an independent contractor depends on how the work is actually done, not on this document. Several states use strict tests, such as the ABC test, and misclassification can carry penalties. Check the law of Governing State before using this agreement.

This Agreement is made on Effective Date between Company Name, a Company Entity Type and State, at Company Address ("Company"), and Driver Name or Business Name, at Driver Address ("Driver").

1. Services

Driver will provide delivery services for Company's customers in Service Area, picking up from Pickup Locations and delivering to recipients as accepted by Driver. Driver may accept or decline any delivery offered, chooses Driver's own hours and routes, and may provide services to other businesses, including competitors.

2. Payment

Company will pay Driver Rate Structure, such as $___ per Delivery, $___ per Mile, or Both for each completed delivery, plus Tips Policy: 100% of Customer Tips. Company will pay weekly by Payment Method, with a statement of deliveries and amounts. Company will issue Form 1099-NEC as required. Driver is responsible for Driver's own taxes.

3. Vehicle and Expenses

Driver provides and maintains Driver's own vehicle, fuel, phone and equipment, and pays all related expenses, except: Expenses Company Pays, if Any.

4. Licenses and Insurance

Driver will keep a valid driver's license, vehicle registration, and auto liability insurance at least at the limits the state requires and Additional Coverage Required, such as Commercial or Delivery Coverage of $___. Driver will give proof on request and report any lapse at once. Driver will meet any background check requirement, which will be done only with Driver's written consent and the notices the Fair Credit Reporting Act requires.

5. Standards

Driver will deliver items safely, on time and undamaged, follow traffic laws, not use a handheld phone while driving where prohibited, and treat customers respectfully. Driver will follow legal requirements for any regulated items, such as checking ID for age-restricted products. Company will not control the details of how Driver performs services.

6. Loss and Damage

Driver is responsible for items lost or damaged through Driver's negligence, up to $Damage Limit per delivery. Any deduction from payments will be made only as the law allows and after Driver is given notice and a chance to dispute.

7. Accidents

Driver will report any accident during a delivery to Company and to the police as the law requires. Each party is responsible for its own negligence.

8. Confidentiality

Driver will keep customer names, addresses and contact details confidential and use them only to make deliveries.

9. Term and Termination

This Agreement continues until ended by either party on Termination Notice Days days' written notice, or at once for a material breach, such as unsafe driving or theft.

10. Independent Contractor

Driver is an independent contractor, not an employee, and is not entitled to employee benefits. Nothing here creates employment, partnership or agency.

General Terms

Governing law. This Agreement is governed by the laws of the State of Governing State, without regard to its conflict of laws rules. Any lawsuit will be brought in the state or federal courts located in Venue County and State.

Entire agreement. This Agreement is the parties' complete agreement on its subject and replaces all earlier discussions. It may be changed only in a writing signed by both parties.

Severability. If a court finds any part of this Agreement unenforceable, that part will be enforced to the extent the law allows, and the rest stays in effect.

Notices. Notices must be in writing and sent to the addresses above by personal delivery, certified mail or a nationally recognized courier.

Counterparts and e-signatures. This Agreement may be signed in counterparts and by electronic signature, which has the same effect as an original.

| Company | Driver |

| --- | --- |

| Signature: Company Signature | Signature: Driver Signature |

| Name: Company Printed Name | Name: Driver Printed Name |

| Date: Company Signing Date | Date: Driver Signing Date |