Common use of Contractor’s Operations Clause in Contracts

Contractor’s Operations. CONTRACTOR represents that he/she operates an independently established enterprise that provides services, and that he/she satisfies all legal requirements and has all necessary licenses and permits necessary to perform any services contemplated by this Agreement. As an independent contractor/enterprise, CONTRACTOR shall be solely responsible for determining how to operate his/her business and how to perform the Contracted Services. ▇▇▇▇▇▇▇▇▇▇ agrees to fully perform the Contracted Services in a timely, efficient, safe, and lawful manner. BIN RABBIT shall have no right to, and shall not, control the manner, method or means CONTRACTOR uses to perform the Contracted Services. Instead, CONTRACTOR shall be solely responsible for determining the most effective, efficient, and safe manner to perform the Contracted Services, including determining the manner of the service is provided and route selection. As an independent business enterprise, CONTRACTOR retains the right to perform for others and to hold him/herself out to the general public as a separately established business. The parties recognize that they are or may be engaged in similar arrangements with others and nothing in this Agreement shall prevent CONTRACTOR or BIN RABBIT from doing business with others except if such business directly competes with BIN RABBIT. BIN RABBIT does not have the right to restrict CONTRACTOR from performing services for other businesses, customers or consumers at any time, except if such business directly competes with BIN RABBIT, and during the time CONTRACTOR is logged into the BIN RABBIT platform. CONTRACTOR is not required to purchase, lease, or rent any products, equipment or services from BIN RABBIT as a condition of doing business with BIN RABBIT or entering into this Agreement. ▇▇▇▇▇▇▇▇▇▇ agrees to immediately notify BIN RABBIT in writing at ▇▇▇▇▇▇▇@▇▇▇▇▇▇▇▇▇.▇▇▇ if ▇▇▇▇▇▇▇▇▇▇’s right to control the manner or method he/she uses to perform services differs from the terms contemplated in this Section.

Contractor’s Operations. CONTRACTOR represents The Contractor certifies that he/she operates an independently established enterprise they operate a legally compliant business that provides delivery and other services, and that he/she satisfies they possess all legal requirements and has all necessary licenses and permits necessary to perform provide any services contemplated covered by this Agreementagreement, and that they operate their business in accordance with all applicable laws. As The Contractor, in their capacity as an independent contractor/enterpriseContractor or firm, CONTRACTOR shall be is solely responsible for determining deciding how to operate his/her their business and how to perform provide the Contracted Servicescontracted services. ▇▇▇▇▇▇▇▇▇▇ agrees to fully perform the Contracted Services The contractor guarantees that all contracted services will be performed in a timely, efficient, safe, and lawful legally compliant manner. BIN RABBIT Our Company shall have no right to, and nor shall notit exercise any control over, control the manner, method method, or means CONTRACTOR uses employed by the Contractor to perform provide the Contracted Servicesservices. Instead, CONTRACTOR shall be the Contractor is solely responsible for determining the most effective, efficient, and safe manner means of carrying out the contracted services. This includes establishing how pickup and delivery will occur and selecting the route. The Contractor retains the ability, in its position as an independent commercial enterprise, to perform the Contracted Services, including determining the manner services (whether delivery services or other services) on behalf of the service is provided and route selection. As an independent business enterprise, CONTRACTOR retains the right to perform for others third parties and to hold him/herself out present itself to the general public as a separately established an independently founded business. The parties recognize acknowledge that they are or may be now engaged in similar arrangements with others and nothing other parties or will engage in similar arrangements in the future. However, neither the Contractor nor our Company is prohibited from participating in commercial activity with third parties by this Agreement shall prevent CONTRACTOR or BIN RABBIT agreement. Even if the Contractor's business is in direct rivalry with the Company, our Company has no jurisdiction to ban the Contractor from doing business with others except if such business directly competes with BIN RABBIT. BIN RABBIT does not have the right delivering services to restrict CONTRACTOR from performing services for its own business, other businesses, customers customers, or consumers at any time, except if such business directly competes with BIN RABBIT, and during consumers. This is true regardless of whether or not the time CONTRACTOR is Contractors logged into the BIN RABBIT our Company platform. CONTRACTOR Even after the termination of this agreement, the Contractor will continue to be able to provide services to companies in direct competition with our Company and to participate in direct competition with the Company. The Contractor is not required to purchase, lease, or rent any productsmaterials, equipment equipment, or services from BIN RABBIT the Company. In any capacity prior to engaging in business with the Company, or accepting the terms of this agreement. If the Contractor's power to manage the way or method by which they execute services deviates from the terms outlined in this section, the Contractor agrees to notify our Company immediately in writing so that we can take the appropriate action. From time to time, our Company platform will notify the Contractor of the opportunity to complete deliveries from restaurants or other businesses to consumers in accordance with orders placed by consumers through our Company platform or directly from restaurants or other businesses (each of these is referred to as a condition of doing business with BIN RABBIT or entering into this Agreement"delivery opportunity"). ▇▇▇▇▇▇▇▇▇▇ For each delivery opportunity accepted by the Contractor ("contracted service"), the Contractor agrees to immediately notify BIN RABBIT retrieve the orders from restaurants or other businesses safely and on time and ensure the order is accurately filled according to the consumer, restaurant, and/or business specifications, and complete delivery orders to consumers in writing at ▇▇▇▇▇▇▇@▇▇▇▇▇▇▇▇▇.▇▇▇ a safe and timely fashion. The Contractor understands and agrees that the parameters of each contracted service are established by the consumer, restaurant, and/or other business, not the Company, and represent the end result desired, not the means by which the Contractors accomplish the result. The Contractor has the right to cancel, from time to time, a contracted service when, in the exercise of the Contractor's reasonable discretion and business judgment, it is appropriate to do so. Notwithstanding the foregoing, the Contractor agrees to maintain both a customer rating and a completion rate as of the date this agreement becomes effective. Failure to satisfy this obligation constitutes a material breach of this agreement, and our Company shall have the right to terminate this agreement and/or deactivate the Contractor's account. The Contractor acknowledges that our Company has discretion as to which, if ▇▇▇▇▇▇▇▇▇▇’s right any, delivery opportunity to offer, just as the Contractor has the discretion whether and to what extent to accept any delivery opportunity. Contractor acknowledges that Contractor is engaged in Contractor's own business, separate and apart from the Company's business, which is to provide an online marketplace platform using web-based technology that connects contractors, restaurants, and/or other businesses, and consumers. Contractor authorizes the Company, during the course of a contracted service, to communicate with Contractor, consumer, and/or restaurant or other business to assist Contractor or facilitate direct communication between Contractor and the consumer, restaurant, and/or business, to the extent permitted by Contractor facilitating deliveries. However, under no circumstances shall our Company be authorized to control the manner or method he/she uses means by which Contractor performs delivery services or other services contemplated under this agreement. This includes, but is not limited to, the following: Our Company does not require any specific type, or quality, of Contractor's choice of transportation. The Contractor does not have a supervisor or any individual at our Company to whom they report. The Contractor is not required to use any signage or other designation of our Company on their vehicle or person at any point in their use of the platform to perform services differs from the terms contemplated in this Sectioncontracted services. Our Company has no control over Contractors personal appearance. The Contractor does not receive regular performance evaluations by the Company. Contractors may use whatever payment method they choose to purchase items to be delivered to consumers, including but not limited to the Contractor's personal credit or debit card, cash, or prepaid card. The Contractor may use, for the Contractor's convenience, the prepaid card solely for purchasing items to be delivered to consumers. If the Contractor chooses to use their personal credit or debit card or cash, the Contractor shall invoice our Company on a weekly basis, and our Company agrees to pay all invoices within ten days of receipt. In the event a contractor fails to fully perform any contracted service (a "service failure") due to the Contractor's action or omission, the Contractor shall forfeit all or part of the agreed-upon fee for that service. If the Contractor disputes responsibility for a service failure, the dispute shall be resolved pursuant to the "payment disputes" provision below.

Contractor’s Operations. 1. CONTRACTOR represents that he/she operates they operate an independently established enterprise that provides delivery and other services, and that he/she satisfies they satisfy all legal requirements and has have all necessary licenses and permits necessary to perform any services contemplated by this Agreement. As an independent contractor/enterprise, CONTRACTOR shall be solely responsible for determining how to operate his/her their business and how to perform the Contracted Services. 2. CONTRACTOR agrees to provide DOORDASH with information that is true and accurate, and to promptly inform DOORDASH should any information require updating. 3. ▇▇▇▇▇▇▇▇▇▇ agrees to fully perform the Contracted Services in a timely, efficient, safe, and lawful manner. BIN RABBIT DOORDASH shall have no right to, and shall not, control the manner, method or means CONTRACTOR uses to perform the Contracted Services. Instead, CONTRACTOR shall be solely responsible for determining the most effective, efficient, and safe manner to perform the Contracted Services, including determining the manner of the service is provided pickup, delivery, and route selection. 4. As an independent business enterprise, CONTRACTOR retains the right to perform services (whether delivery services or other services) for others other businesses, and to CONTRACTOR represents that they advertise and hold him/herself themself out to the general public as a separately established business. The parties recognize that they are or may be engaged in similar arrangements with others other businesses to supply the same or similar services and nothing in this Agreement shall prevent CONTRACTOR or BIN RABBIT DOORDASH from doing business with others except if such business directly competes with BIN RABBITothers. BIN RABBIT DOORDASH does not have the right to restrict CONTRACTOR from performing services for CONTRACTOR’s own business, other businesses, customers customers, or consumers at any time, except even if such business directly competes with BIN RABBITDOORDASH, and even during the time CONTRACTOR is logged into the BIN RABBIT platformDOORDASH platform so long as such services do not otherwise violate this agreement. CONTRACTOR’s right to compete with DOORDASH, or perform services for businesses that compete with DOORDASH, will survive even after termination of this Agreement. 5. CONTRACTOR is not required to purchase, lease, or rent any products, equipment or services from BIN RABBIT DOORDASH as a condition of doing business with BIN RABBIT DOORDASH or entering into this Agreement. 6. ▇▇▇▇▇▇▇▇▇▇ agrees to immediately notify BIN RABBIT DOORDASH in writing at ▇▇▇▇▇▇▇@▇.▇▇▇▇▇▇▇▇.▇▇▇ if ▇/▇▇▇▇/ (▇▇▇▇://▇▇▇.▇▇▇▇▇▇▇▇.▇▇▇/help/) if CONTRACTOR’s right to control the manner or method he/she uses they use to perform services differs from the terms contemplated in this Section. 7. When signing up to be a user of the DOORDASH platform, CONTRACTOR’s information will be used to create an account. CONTRACTOR may not sign up to be a Dasher more than once by creating multiple accounts. 8. CONTRACTOR acknowledges that when engaging with the DOORDASH platform on a mobile device, data usage and rates may apply. 9. By using the DOORDASH platform, CONTRACTOR also agrees to be bound by the DOORDASH Customer Terms of Service (▇▇▇▇▇://▇▇▇▇.▇▇▇▇▇▇▇▇.▇▇▇/consumers/s/terms-and-conditions-us?language=en_US) and that any breach of the DOORDASH Customer Terms of Service will be considered a breach of this Agreement. However, to the extent that this Agreement and the DOORDASH Customer Terms of Service conflict, the terms of this Agreement shall govern. 10. To prevent unauthorized access to CONTRACTOR’s account and to prevent unauthorized use of the DOORDASH platform, CONTRACTOR agrees to protect and keep confidential their email, phone number, password, or other means of accessing their account via the DOORDASH platform. CONTRACTOR acknowledges that unauthorized use of CONTRACTOR’s account, email, phone number and password could lead to financial loss and access to CONTRACTOR’s sensitive personal and account information. If CONTRACTOR discloses their account information, user ID, and/or password to any person or entity, CONTRACTOR assumes all risks and losses associated with such disclosure. If CONTRACTOR believes someone may attempt to use or has accessed CONTRACTOR’s account without CONTRACTOR’s permission, or that any other unauthorized use or security breach has occurred, CONTRACTOR agrees to immediately notify us at ▇▇▇.▇▇▇▇▇▇▇▇.▇▇▇/▇▇▇▇/ (▇▇▇▇://▇▇▇.▇▇▇▇▇▇▇▇.▇▇▇/help/).

Contractor’s Operations. CONTRACTOR 1. The Contractor represents that he/he or she operates an independently established enterprise that provides delivery services, and that he/he or she satisfies all legal requirements and has all necessary licenses and permits necessary to perform any the services contemplated by this Agreement. As an independent contractor/enterprise, CONTRACTOR the Contractor shall be solely responsible for determining how to operate his/his or her business and how to perform the Contracted Services. 2. ▇▇▇▇▇▇▇▇▇▇ The Contractor agrees to fully perform the Contracted Services in a timely, efficient, safe, and lawful manner. BIN RABBIT shall have no right to, and shall not, control the manner, method or means CONTRACTOR uses to perform the Contracted Services. Instead, CONTRACTOR The Contractor shall be solely responsible for determining the most effective, efficient, and safe manner to perform the Contracted Services, including determining the manner of the service is provided pickup, delivery, and route selection. 3. As an independent business enterprise, CONTRACTOR The Contractor retains the right to perform services for others and to hold him/him or herself out to the general public as a separately established business. The parties Parties recognize that they are or may be engaged in similar arrangements with others and nothing in this Agreement shall prevent CONTRACTOR the Contractor or BIN RABBIT OrderEats from doing business with others except if such business directly competes with BIN RABBITothers. BIN RABBIT OrderEats does not have the right to restrict CONTRACTOR the Contractor from performing services for other businesses, customers or consumers at any time, except even if such business directly competes with BIN RABBITOrderEats, and even during the time CONTRACTOR that the Contractor is logged into the BIN RABBIT OrderEats platform. CONTRACTOR The Contractor’s right to compete with OrderEats or perform services for business that compete with OrderEats is not limited or hindered in any way by this Agreement. 4. The Contractor is not required to purchase, lease, or rent any products, equipment equipment, or services from BIN RABBIT OrderEats as a condition of doing business with BIN RABBIT OrderEats or entering into this Agreement. ▇The Contractor understands that he or she is expected to wear an OrderEats vest and carry delivery orders in an OrderEats bag when completing a Contracted Service for the purpose of identification to the restaurant as well as the consumer. The Contractor understands that OrderEats will provide the vest and bag. 5. The Contractor agrees to immediately notify ▇▇▇▇▇▇▇▇▇ agrees to immediately notify BIN RABBIT in writing at ▇▇▇▇▇▇▇@▇▇▇▇▇▇▇▇▇.▇▇▇ if ▇▇▇▇▇▇▇▇▇▇the Contractor’s right to control the manner or method he/she uses to perform services differs from the terms contemplated in this Section.