Truck Driver Independent Contractor Agreement Template

INDEPENDENT CONTRACTOR AGREEMENT (TRUCK DRIVER)

This Independent Contractor Agreement (the "Agreement") is entered into as of [Date], by and between:

COMPANY: [Company Name], a corporation organized and existing under the laws of [State], with its principal place of business located at [Company Address] (hereinafter referred to as the "Company"),

AND

CONTRACTOR: [Driver Name], an individual/entity with a principal place of business/residence located at [Driver Address], possessing a valid Commercial Driver’s License (CDL) number [CDL Number] issued by the state of [State] (hereinafter referred to as the "Contractor").

The Company and Contractor may be referred to individually as a "Party" and collectively as the "Parties."

1. SERVICES

The Company hereby engages the Contractor, and the Contractor hereby accepts the engagement, to provide professional trucking and transportation services. The Contractor agrees to operate the vehicle(s) provided by [Company/Contractor] to transport goods and/or materials to locations as directed by the Company. The Contractor shall perform all services in accordance with the standards of the trucking industry and all applicable federal, state, and local laws.

2. INDEPENDENT CONTRACTOR STATUS

The Parties acknowledge and agree that the Contractor is an independent contractor and not an employee, agent, joint venturer, or partner of the Company.

• The Contractor shall have the right to control the manner and means of performing the services, provided the results meet the Company’s requirements.
• The Contractor is solely responsible for all taxes, including self-employment taxes, insurance premiums, and workers' compensation coverage required by law.
• The Contractor shall not be entitled to any employee benefits, including but not limited to health insurance, retirement plans, or vacation pay.

3. COMPENSATION

In consideration for the services rendered, the Company shall pay the Contractor as follows:

• Rate of Pay: [Rate, e.g., $X.XX per mile / Percentage of Load / Flat Fee]
• Payment Schedule: Payments shall be processed [Weekly/Bi-weekly/Monthly] upon submission of a valid invoice and proof of delivery/bill of lading.
• Expenses: Unless otherwise agreed in writing, the Contractor is responsible for all operating expenses, including fuel, tolls, maintenance, and lodging.

4. EQUIPMENT AND MAINTENANCE

The Contractor represents that any vehicle used to perform services under this Agreement shall be in safe, good working order and shall comply with all Federal Motor Carrier Safety Administration (FMCSA) regulations. The Contractor shall be responsible for all costs associated with vehicle maintenance, repair, and insurance unless otherwise specified in an addendum to this Agreement.

5. COMPLIANCE WITH LAWS AND SAFETY

The Contractor agrees to:

1. Maintain a valid CDL at all times.
2. Comply with all Hours of Service (HOS) regulations and electronic logging requirements.
3. Maintain required insurance coverage, including Motor Truck Cargo Insurance and Liability Insurance, as specified in the attached Schedule A.
4. Promptly report any accidents, citations, or vehicle breakdowns to the Company.

6. TERM AND TERMINATION

This Agreement shall commence on [Start Date] and shall continue until terminated by either party. Either party may terminate this Agreement at any time, with or without cause, upon [Number] days’ written notice to the other party.

7. CONFIDENTIALITY

The Contractor acknowledges that during the course of this engagement, they may have access to confidential information regarding the Company’s customers, routes, and business practices. The Contractor agrees to maintain the confidentiality of all such information and not to disclose it to any third party without prior written consent from the Company.

8. INDEMNIFICATION

The Contractor agrees to indemnify, defend, and hold harmless the Company and its officers, directors, and employees from any and all claims, damages, liabilities, costs, and expenses (including reasonable attorney fees) arising out of or related to the Contractor’s performance under this Agreement, including acts of negligence or willful misconduct.

9. GOVERNING LAW

This Agreement shall be governed by and construed in accordance with the laws of the State of [State]. Any disputes arising out of this Agreement shall be subject to the exclusive jurisdiction of the courts located in [County/City].

10. ENTIRE AGREEMENT

This Agreement constitutes the entire understanding between the Parties and supersedes all prior agreements, whether oral or written, concerning the subject matter hereof.

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IN WITNESS WHEREOF, the Parties have executed this Agreement as of the date first written above.

COMPANY:

Signature: ___________________________ Name: _______________________________ Title: ________________________________ Date: ________________________________

CONTRACTOR:

Signature: ___________________________ Name: _______________________________ Title: ________________________________ Date: ________________________________