Driver / Operator Agreement

Contents

• 1. About this agreement
• 2. Your independent status
• 3. Verification and documents
• 4. Licences, insurance and the law
• 5. Doing the trip
• 6. Passengers and no poaching
• 7. Getting paid
• 8. Giving back jobs and strikes
• 9. Disputes
• 10. Ratings
• 11. Prohibited conduct
• 12. Pausing and ending this agreement
• 13. Responsibility and indemnity
• 14. General

1. About this agreement

This agreement is between you, the driver or operator, and [Company legal name], [Address] ("we", "us"). We operate LimoFarmOut, a farm-out marketplace that is part of limousineworldwide.directory.

It applies when you use the service to accept jobs or make offers. It adds to our Terms of Service and Privacy Policy. If they conflict on a driver matter, this agreement applies.

If you are an operator and assign a chauffeur to a job, you are responsible for that chauffeur. Each chauffeur you send must be properly licensed, insured and fit to drive.

2. Your independent status

We are a marketplace and technology provider. We are not a transportation carrier.

• You are an independent business. You are not our employee, agent or partner.
• You choose which jobs to accept, if any. You are never required to accept a job.
• You provide and pay for your own vehicle, fuel, phone, tolls and other costs, unless the job says otherwise.
• You are responsible for your own taxes, including any sales or value-added tax on your services.
• When you accept a job, you contract with the poster to do the trip. We are not a party to that contract.

3. Verification and documents

Before you can take jobs, a person on our verification team must approve these required documents:

• a professional photo of you;
• your driver's licence;
• your chauffeur, limousine or operator licence;
• commercial insurance for the vehicle and the service you provide;
• proof of vehicle ownership or registration;
• five vehicle photos: front, back, inside, trunk and licence plate.

You may also upload these optional documents:

• a vehicle safety inspection;
• a background check;
• bus operating authority.

Your promises about documents

• Every document you upload is true, complete, current and yours.
• You will update a document when it changes, is renewed, or is suspended or cancelled.
• You will tell us right away if you lose a licence or your insurance lapses.

Expiry

We send reminders 30, 7 and 1 days before a document expires. If a required document expires, you cannot take new jobs until an updated one is approved.

How we protect documents

Documents are stored encrypted. Only our verification team can view them, and every view is logged. Documents are erased when you delete your account. See the Privacy Policy.

Our approval only means a person reviewed what you uploaded. It does not confirm that you are licensed or insured. That remains your duty.

4. Licences, insurance and the law

You are fully responsible for the transport you provide. For every trip you must:

• hold every licence, permit and authority needed where the trip starts, ends and passes through;
• carry commercial insurance that covers the passengers, the vehicle and the type of service;
• follow all local vehicle-for-hire rules, traffic laws, airport rules and hours-of-service rules;
• use a safe, roadworthy vehicle that matches the photos and registration you uploaded;
• be fit to drive and not impaired by alcohol, drugs, medication or fatigue.

If you are not allowed to do a trip legally, do not accept it.

5. Doing the trip

• Arrive on time at the right place, with the vehicle described in the job.
• Keep the vehicle clean and presentable.
• Be polite and professional with passengers and the poster.
• Follow the job details and the poster's reasonable instructions.
• Update the job status in the app as the trip moves forward.
• Mark the trip complete only when it is actually complete.

During an active trip, your live location may be shared with the poster for that job.

6. Passengers and no poaching

Passengers are the poster's clients. They are not your clients.

• Do not solicit passengers or offer them your own services.
• Do not give passengers business cards or your personal contact details.
• Do not contact passengers outside the job.
• Do not take passengers directly, now or in the future.
• Do not use passenger data for any purpose other than the job.

You confirm this rule each time you accept a job or send an offer. Phone numbers, emails and links you type to a passenger in the trip chat are removed before the message is sent.

Contact passengers through our masked phone, SMS and WhatsApp relay. It works from acceptance until 30 minutes after the trip is completed.

Breaking these rules may lead to removal from the platform. We may share the facts with the poster.

7. Getting paid

Funds are secured before you see a job

Every job is paid in full up front by the poster before it appears to drivers. There is no credit. You do not chase posters for payment.

When your payout is released

We hold your payout until after the trip. It is released when either of these happens first:

• the poster confirms the trip; or
• 24 hours pass after the trip is marked complete, and no dispute was opened in that time.

If a dispute is opened, the funds stay frozen until it is decided.

Fees

The platform fee (10% of the driver payout, minimum $5, plus tax) is paid by the poster. It is not taken from your payout.

Stripe Connect Express

• We pay you through Stripe Connect Express. You must create a Stripe account and accept Stripe's terms.
• Stripe checks your identity. We do not see your full bank details.
• Standard deposits are free and automatic. They usually arrive in 1 to 2 business days.
• You can choose instant cash-out to a debit card for a flat $1 fee, up to 5 times a day.
• If an instant payout fails, we refund the $1 fee.

Payout timing also depends on Stripe and your bank. We are not responsible for delays they cause.

All payment for platform jobs must go through the platform. Do not ask for or accept payment outside the platform for a platform job.

8. Giving back jobs and strikes

Only accept jobs you can do. If you give back a job you accepted, the job returns to the board and you receive a strike.

• After 3 strikes, your account is paused.
• A no-show may lead to a refund for the poster and your account being paused.
• [Describe how long strikes last and any appeal process.]

If the poster cancels late (less than [24] hours before pickup), you are paid [50]% of the payout. If you are at the pickup and the passenger does not show up, you are paid the full payout. See the Terms of Service.

9. Disputes

A dispute can be opened within 24 hours after the trip is marked complete. This freezes the funds.

Give us honest facts and any evidence you have. We may review job records, chat history and trip location data.

We decide the dispute. We may pay you in full, refund the poster in full, or split the payment. Our decision on the held funds is final on the platform.

10. Ratings

Posters can rate you from 1 to 5 stars, with reasons and a comment. You can see the comments, but not who wrote them.

Do not try to find out who rated you, and do not pressure or retaliate against anyone over a rating. Do not offer anything in return for a good rating.

Posters may see your rating when they choose a driver.

11. Prohibited conduct

You must not:

• drive without the required licences or insurance;
• upload false, altered or someone else's documents;
• share your account or let another person drive under it;
• send a chauffeur or vehicle that is not properly licensed and insured, or that does not match the job;
• take payment outside the platform for a platform job;
• commit payment fraud or collude with posters or other drivers;
• accept fake jobs or help others post them;
• harass, threaten or discriminate against anyone;
• poach passengers, as described in section 6.

12. Pausing and ending this agreement

You can stop using the service at any time and delete your account in the app. Jobs you already accepted must still be done or properly given back.

We may pause or close your account if:

• you reach 3 strikes;
• a required document expires or is rejected;
• you break this agreement or the Terms of Service;
• we reasonably believe you put passengers or others at risk.

Our admins may also pause an account while we look into a problem. Where we can, we will tell you why and give you a chance to respond.

Payouts for completed trips will still be paid, unless they are subject to a dispute or a fraud review.

13. Responsibility and indemnity

You are solely responsible for the trips you and your chauffeurs perform, including accidents, injuries, death, damage to people or property, lost items, fines, tolls, tickets, taxes and breaches of the law or of licensing, insurance or airport rules.

You will defend, indemnify and hold harmless us, our affiliates, directors, officers, employees and agents against all claims, losses, damages, fines, penalties, costs and expenses, including legal fees on a full-indemnity basis, arising from your trips, your vehicles, your chauffeurs, your dealings with passengers or posters, your taxes, any claim that you or your chauffeurs are our employees, your breach of this agreement, or your breach of the law.

You must keep commercial insurance that covers every trip you accept, and show us proof on request.

We may deduct from your payouts any amount you owe us or that we refund to a poster because of your conduct, including no-shows, damage, chargebacks and penalties.

We are only a technology platform. We do not own, lease or control any vehicle, we do not employ, supervise or direct you or your chauffeurs, and we are not a party to the transportation you provide. If you or anyone acting for you gives us, a poster or a passenger false, misleading, forged or expired information or documents, you are solely responsible for the consequences.

You release us from all claims arising from your dealings with posters, passengers and other users, and you agree not to name, join or involve us as a party in any lawsuit, arbitration, complaint or other proceeding between you and anyone else about a trip, a vehicle, a payment or a passenger. If you, your company or your insurer involves us anyway, you will pay our resulting costs and legal fees on a full-indemnity basis.

You are not our employee, worker or agent. You are not entitled from us to wages, salary, minimum pay, overtime, holiday or vacation pay, benefits, employment insurance, workers' compensation, notice, severance or termination pay, or any income replacement. You are responsible for your own taxes, insurance and statutory contributions.

No claim for money or lost income. We do not promise you any amount of work, jobs, income or earnings. To the fullest extent the law allows, you may not claim from us, and you waive any claim to, compensation, damages, lost or replacement income, lost wages, lost earnings, lost jobs or lost business for any reason, including: an account being paused, restricted or closed; a job being cancelled, reassigned, given back, not offered or not shown to you; a document being rejected or expiring; a rating; a dispute decision; the service being unavailable, slow or changed; a payment provider, bank or telephone provider failing; or a payout being held during a review. The only money we owe you is a payout you have earned for a completed trip under these terms, less any amounts we may deduct.

Our liability to you is limited as set out in the Terms of Service.

14. General

• Changes. We may update this agreement at any time. We will post the new date at the top and tell you about important changes; accepting a job after a change takes effect means you accept it.
• Governing law. This agreement, and every dispute or claim arising from or relating to it, the service, any job, payment or payout, are governed exclusively by the laws of the Province of Ontario and the federal laws of Canada that apply there, without regard to conflict-of-law rules. The United Nations Convention on Contracts for the International Sale of Goods does not apply.
• Where disputes are decided: Toronto, Ontario, Canada. You and we agree that the courts of the Province of Ontario sitting in the City of Toronto (the Ontario Superior Court of Justice at Toronto, or the Small Claims Court at Toronto for claims within its limit) have exclusive jurisdiction. You irrevocably submit to those courts, waive any objection to the venue, including that it is inconvenient, and agree not to start a claim anywhere else. This applies wherever in the world you live or the trip took place.
• No class or group claims. To the extent the law allows, you bring any claim individually, not as part of a class, collective or representative proceeding.
• Time limit for claims. Any claim against us must be started in the courts named above within one (1) year after it was discovered, as permitted for business agreements under the Ontario Limitations Act, 2002.
• Severability. If a court finds part of this agreement invalid, that part is limited to the minimum extent needed and the rest stays in force.
• Transfer. We may assign this agreement without your consent. You may not assign it without our written consent.
• Terms of Service. This agreement adds to the Terms of Service. If they conflict, the Terms of Service prevail.

Questions? Contact [Company legal name], [Address], Toronto, Ontario, Canada, [support email].