FARMFRESHAPP DELIVERY DRIVER USER AGREEMENT

EFFECTIVE DATE: MARCH 15, 2025

This Delivery Driver User Agreement ("Agreement") is a legally binding contract between you ("you," "your," "Driver," or "Delivery Partner") and MisikSolutions LLC ("FarmFreshApp," "we," "our," or "us") governing your participation as a delivery driver on the FarmFreshApp platform, including our website, mobile applications, and related services (collectively, the "Platform").


1. ACCEPTANCE OF TERMS

By registering as a delivery driver, accessing the driver portal, or using the Platform, you acknowledge that you have read, understood, and agree to be bound by this Agreement and our Privacy Policy, which is incorporated by reference. If you do not agree to these terms, you may not access or use the Platform as a delivery driver.


2. DRIVER ELIGIBILITY

2.1 Basic Requirements

To register and maintain status as a delivery driver on the Platform, you must:

  • Be at least 21 years of age
  • Have the legal capacity to enter into a binding contract
  • Reside in our service area in Florida
  • Possess a valid driver's license
  • Own or have authorized access to a reliable vehicle
  • Have a clean driving record
  • Pass a background check
  • Provide accurate and complete information during registration
  • Maintain the security of your account credentials

2.2 Vehicle Requirements

Your vehicle must:

  • Be in good working condition
  • Be properly registered and insured
  • Meet all safety requirements
  • Be clean and well-maintained
  • Have appropriate equipment for food transport (insulated bags, coolers, etc.)

2.3 Documentation Requirements

You must provide and maintain current copies of:

  • Valid driver's license
  • Vehicle registration
  • Proof of insurance (with coverage meeting minimum requirements)
  • Any other documentation requested by FarmFreshApp

2.4 Background Check

You consent to:

  • Criminal background check
  • Driving record verification
  • Periodic re-verification of background information
  • Immediate notification to FarmFreshApp of any changes that might affect your eligibility


3. INDEPENDENT CONTRACTOR STATUS

3.1 Relationship

You acknowledge and agree that:

  • You are an independent contractor and not an employee of FarmFreshApp
  • This Agreement does not create an employment, partnership, or agency relationship
  • You are not entitled to employee benefits
  • You are responsible for all taxes and expenses related to your services
  • You have no authority to bind FarmFreshApp

3.2 Control Over Work

As an independent contractor, you:

  • Set your own schedule and availability
  • Choose which delivery opportunities to accept
  • Determine your own method of completing deliveries
  • Are free to work for other platforms or companies
  • Provide your own equipment and supplies

3.3 Tax Responsibilities

You are responsible for:

  • Filing all required tax returns
  • Paying all applicable taxes (income, self-employment, etc.)
  • Maintaining records of your earnings and expenses
  • Understanding your tax obligations as an independent contractor


4. PLATFORM DESCRIPTION

FarmFreshApp is a marketplace platform that connects local farmers with customers and delivery drivers to facilitate the purchase and delivery of fresh, locally-grown agricultural products.


4.1 Role of FarmFreshApp

FarmFreshApp:

  • Provides the technology platform connecting merchants, customers, and delivery drivers
  • Facilitates payment processing
  • Establishes platform standards and policies
  • Assists in resolving disputes between users
  • Does not guarantee delivery volume or earnings


5. ACCOUNT REGISTRATION AND MANAGEMENT

5.1 Registration Process

To become a delivery driver on the Platform, you must:

  • Complete the driver application form
  • Provide accurate personal and vehicle information
  • Submit required documentation
  • Consent to background checks
  • Complete required training
  • Agree to this Agreement and Privacy Policy

5.2 Account Security

You are responsible for:

  • Maintaining the confidentiality of your account credentials
  • All activities that occur under your account
  • Notifying us immediately of any unauthorized use or security breach
  • Keeping your contact information current

5.3 Account Restrictions

You may not:

  • Create multiple driver accounts
  • Share your account with others
  • Transfer your account to another person
  • Use the Platform for any illegal or unauthorized purpose
  • Allow others to complete deliveries on your behalf


6. DELIVERY SERVICES

6.1 Delivery Opportunities

  • Delivery opportunities will be offered through the Platform
  • You have the right to accept or decline any delivery opportunity
  • Once accepted, you are obligated to complete the delivery as specified
  • Excessive cancellations after acceptance may result in penalties or deactivation

6.2 Delivery Process

You agree to:

  • Arrive at merchant locations on time
  • Verify order contents before accepting
  • Transport food items safely and securely
  • Follow food safety guidelines
  • Maintain appropriate temperature control
  • Deliver to the specified location within the estimated timeframe
  • Follow customer delivery instructions
  • Verify delivery completion in the app

6.3 Food Handling Requirements

You must:

  • Complete food safety training as required
  • Use insulated bags or coolers for temperature control
  • Keep your vehicle clean and free of contaminants
  • Prevent cross-contamination between orders
  • Never tamper with or sample customer orders
  • Report any food safety concerns immediately

6.4 Customer Interaction

You agree to:

  • Be professional and courteous at all times
  • Wear appropriate attire (including any required FarmFreshApp branded items)
  • Communicate with customers through the Platform as needed
  • Follow customer delivery instructions
  • Respect customer privacy and property
  • Resolve issues professionally or escalate to support


7. COMPENSATION

7.1 Payment Structure

  • You will be paid for each completed delivery
  • Payment includes base pay, distance compensation, and any applicable incentives
  • Base pay rates are available in the driver portal and may vary by market
  • You keep 100% of customer tips
  • Payment structure may be updated with notice as specified in Section 14

7.2 Payment Processing

  • Payments are processed according to the schedule in the driver portal
  • You must provide and maintain valid banking information for deposits
  • You are responsible for any transfer fees charged by your financial institution
  • Payment summaries will be available in the driver portal

7.3 Incentives and Bonuses

  • FarmFreshApp may offer incentives or bonuses at its discretion
  • Eligibility requirements will be clearly communicated
  • FarmFreshApp reserves the right to modify or discontinue incentives
  • Fraudulent activity to earn incentives will result in immediate deactivation

7.4 Expenses

You are responsible for all expenses related to your services, including but not limited to:

  • Vehicle costs (purchase/lease, maintenance, repairs)
  • Fuel
  • Insurance
  • Mobile device and data plan
  • Delivery equipment (insulated bags, coolers, etc.)
  • Taxes


8. RATINGS AND PERFORMANCE

8.1 Performance Metrics

Your performance will be measured by various metrics, including:

  • On-time delivery rate
  • Order accuracy
  • Customer satisfaction ratings
  • Acceptance rate
  • Cancellation rate after acceptance
  • Professionalism

8.2 Minimum Standards

  • You must maintain minimum performance standards
  • Current standards are available in the driver portal
  • Failure to maintain standards may result in reduced delivery opportunities or deactivation
  • FarmFreshApp reserves the right to update standards with notice

8.3 Customer Feedback

  • Customers may rate and review your delivery service
  • Ratings and reviews will affect your overall performance metrics
  • FarmFreshApp does not guarantee positive ratings or reviews
  • We reserve the right to remove reviews that violate our policies


9. INSURANCE REQUIREMENTS

9.1 Required Coverage

You must maintain, at your own expense:

  • Automobile liability insurance meeting state minimum requirements
  • Any additional insurance required by applicable law
  • We strongly recommend commercial or delivery rider coverage

9.2 Proof of Insurance

  • You must provide proof of insurance during registration
  • You must update proof of insurance when policies renew or change
  • FarmFreshApp reserves the right to verify your insurance coverage
  • Failure to maintain required insurance will result in immediate deactivation

9.3 Accidents and Claims

In the event of an accident while performing delivery services:

  • Ensure safety and seek medical attention if needed
  • Report the accident to appropriate authorities
  • Report the accident to FarmFreshApp through the driver portal
  • Cooperate with any investigation
  • File claims with your personal insurance provider


10. DRIVER CONDUCT

10.1 General Standards

You agree to:

  • Provide delivery services professionally and reliably
  • Follow all traffic laws and safety regulations
  • Maintain your vehicle in good working condition
  • Communicate professionally with customers, merchants, and FarmFreshApp
  • Respond promptly to communications through the Platform
  • Maintain the reputation and integrity of the Platform

10.2 Prohibited Activities

You may not:

  • Use the Platform while under the influence of alcohol or drugs
  • Carry passengers while performing delivery services
  • Manipulate the app or GPS to affect delivery metrics
  • Discriminate against any protected class of customers or merchants
  • Engage in threatening, harassing, or inappropriate behavior
  • Misrepresent your identity or qualifications
  • Violate any laws or regulations while using the Platform


11. SAFETY AND COMPLIANCE

11.1 Safe Driving

You must:

  • Obey all traffic laws and regulations
  • Avoid distracted driving
  • Use hands-free devices for communication while driving
  • Park legally and safely when picking up or delivering orders
  • Drive defensively and prioritize safety

11.2 Food Safety

You must:

  • Complete required food safety training
  • Follow food safety guidelines
  • Maintain proper temperature control
  • Prevent cross-contamination
  • Report any food safety concerns immediately

11.3 Compliance with Laws

You must comply with all applicable laws and regulations, including but not limited to:

  • Traffic laws
  • Parking regulations
  • Food safety regulations
  • Independent contractor regulations
  • Local delivery service regulations


12. PRIVACY AND CONFIDENTIALITY

12.1 Customer Information

You agree to:

  • Use customer information solely for delivery purposes
  • Maintain confidentiality of customer information
  • Not store or retain customer information after delivery
  • Not contact customers outside the Platform
  • Report any data breaches immediately

12.2 Confidential Information

You acknowledge that any non-public information about FarmFreshApp's business is confidential and you agree to:

  • Not disclose confidential information to third parties
  • Not use confidential information for any purpose other than providing delivery services
  • Return or destroy confidential information upon request
  • Continue to maintain confidentiality after termination of this Agreement


13. DISPUTE RESOLUTION

13.1 Driver Support

For issues with the Platform or deliveries:

  • Contact our driver support team through the driver portal
  • Report issues promptly
  • Provide relevant details and evidence when applicable

13.2 Arbitration Agreement

Except for small claims court cases and intellectual property disputes:

  • You agree to resolve disputes through binding arbitration rather than in court
  • Arbitration will be conducted by the American Arbitration Association
  • The arbitration will take place in Florida
  • Class actions and class arbitrations are not permitted

13.3 Class Action Waiver

You agree to resolve disputes with FarmFreshApp on an individual basis, not as a plaintiff or class member in any purported class or representative proceeding.


14. TERM AND TERMINATION

14.1 Term

This Agreement remains in effect while you use the Platform as a delivery driver.

14.2 Termination by You

You may terminate this Agreement by:

  • Providing notice through the driver portal
  • Completing any in-progress deliveries
  • Returning any FarmFreshApp property (if applicable)
  • Following the account closure process in the driver portal

14.3 Termination by FarmFreshApp

We may suspend or terminate your driver account:

  • If you violate this Agreement
  • If you fail to maintain required insurance or licenses
  • If you receive excessive customer complaints
  • If you engage in fraudulent activity
  • If you fail to meet minimum performance standards
  • For any other reason at our discretion with notice

14.4 Effect of Termination

Upon termination:

  • You must complete any in-progress deliveries
  • You will receive final payment for completed deliveries
  • You lose access to the driver portal
  • Certain provisions of this Agreement survive termination
  • We may retain your information as required by law or for legitimate business purposes


15. LIMITATION OF LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY LAW:

  • FarmFreshApp is not liable for indirect, incidental, special, exemplary, or consequential damages
  • Our total liability for any claim is limited to the amount we have paid you in the 6 months preceding the claim
  • We are not liable for lost profits, lost revenue, or data loss
  • We are not liable for the actions or inactions of customers or merchants


16. INDEMNIFICATION

You agree to indemnify, defend, and hold harmless FarmFreshApp and its officers, directors, employees, and agents from any claims, liabilities, damages, losses, costs, or expenses arising from your:

  • Provision of delivery services
  • Use of the Platform
  • Violation of this Agreement
  • Violation of any rights of another person or entity
  • Violation of any applicable laws or regulations
  • Negligence or willful misconduct


17. CHANGES TO AGREEMENT

We may modify this Agreement at any time by:

  • Posting the revised Agreement on the Platform
  • Notifying you via email or in-app notification
  • Your continued use of the Platform after changes constitutes acceptance of the revised Agreement
  • Material changes will be effective 14 days after notification


18. GOVERNING LAW

This Agreement is governed by the laws of the State of Florida, without regard to its conflict of law provisions.


19. MISCELLANEOUS

19.1 Entire Agreement

This Agreement, together with the Privacy Policy and any other legal notices published by FarmFreshApp, constitutes the entire agreement between you and FarmFreshApp concerning your participation as a delivery driver on the Platform.

19.2 Severability

If any provision of this Agreement is found to be unenforceable, the remaining provisions will remain in full force and effect.

19.3 No Waiver

Our failure to enforce any right or provision of this Agreement will not be considered a waiver of such right or provision.

19.4 Assignment

You may not assign this Agreement without our prior written consent, but we may assign this Agreement without restriction.

19.5 Contact Information

For questions about this Agreement, please contact us at:

  • Email: info@farmfreshapp.store
  • Address: MisikSolutions LLC, 616 NW 1st Ave, Hallandale Beach, FL 33009


20. ACKNOWLEDGMENT

BY USING THE PLATFORM AS A DELIVERY DRIVER, YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT, UNDERSTAND IT, AND AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS.


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