I'm looking for someone that can- write a United States legal agreement / contact between a Trucking Company and my company (XYZ) which allows them to "partner" with (XYZ) so they can share their driver information (address, phone, driver's license number) with (XYZ) and I can represent them in:
• Promoting the Trucking Company
• Recruiting new drivers
• Training and educating their current drivers in safety
• Retaining their current drivers
• Rewarding their drivers for being safe through a points / rewards / gifts system
First issue- The Trucking Company cannot offer this directly to their drivers (tax and insurance liabilities) so (XYZ) has to be the “middleman” with full authorization and representation of the Trucking Company to do this on their behalf with no ramifications.
Second issue- Basically XYZ will be adding the Trucking Company drivers to the XYZ their rewards account in a Third Party safety rewards program. To do so, the drivers must be added "blindly" to the account. However; if there is a problem between the Third Party by doing this and XYZ, then legally XYZ represents the Trucking Company as far as recruiting, safety, rewards and retention go and legally all the drivers are part of the XYZ brand of drivers. If the contract ever needed to be produced to prove it, it would hold up in court. This so this agreement must be kept confidential. The Third Party is to invoice XYZ for their services and XYZ is to pay. XYZ then invoices the Trucking Company with XYZ’s added expenses. Third Party may not agree to this so essentially all drivers are to be XYZ drivers for the purposes of enrollment in the program.
Third issue- Trucking Company needs to agree to pay $XXX one time set up fee, $XXX per month website fee, $XXX per month per driver fee and pay for any gifts the drivers choose plus shipping. Truck Company needs to agree to a one year commitment with XYZ. However, either party can terminate the program with 30 days written notice and all prizes on order must be paid in full by the Trucking Company.
Fourth issue- Trucking Company must agree to furnish XYZ with a monthly list of current drivers with name, address, phone, driver's license number and a points tally in accordance to the rewards template they agree on. XYZ not liable for errors or late receipt of info.
Fifth issue- Trucking Company must agree to tally driver points based on a rewards template and send to XYZ no later than 7 days after the end of the month. XYZ is not responsible for errors in the tally, driver additions or omissions. Nor errors in gift rewards, gift shipping, damaged goods or mistakes in driver info or abuse of their account by unauthorized users.
1) Basically XYZ needs protection from being sued and held liable by the Trucking Company.
2) Basically XYZ needs protection from being sued or held liable by the drivers.
3) Basically XYZ and the Trucking Company that XYZ is “partnered” with, will BOTH need protection from being sued or held liable by the drivers for being in the program, errors and omissions.
4) Basically XYZ needs to create such an agreement with the Trucking Company that does not cross the line between a “employee” driver and an Independent Contractor driver for purposes of taxes and insurance with the gifts and rewards provided to the drivers. The XYZ program needs to stay as a separate entity- the driver chooses to enroll, however the Trucking Company agrees to pay for the service and the gifts rewarded through the program.
5) Finally XYZ need protection from the separate rewards company, to be able to add all drivers as a whole to their rewards program by enrolling them under the XYZ name as XYZ drivers. So the contract between the Trucking Company and XYZ must somehow transfer “ownership” of the drivers for the purposes of recruiting, training, rewarding and retention to XYZ.
11 freelancers are bidding on average $419 for this job
Experienced and practising commercial attorney with top tier international legal firm. I can draft, from scratch, an agreement that hits all these points. Please see my PM to you. Cheers
We understand your requirements, our international experience in Corporate, Commercial & IP laws across the major International countries like India, USA, UK, Australia, Canada, Singapore, European Countries etc.,
Hi, I am a practicing corporate and commercial lawyer and associate with a law firm specializing in such matters. Bid details are being sent to you privately. Please go through them. Thanks.