Version 1.0

RideApack Driver Agreement

The terms that govern your use of the RideApack platform as an independent driver, including Schedule A (Transport Terms).

Last Updated: [____], 2026

rideApack Driver Agreement

Version 1.0 — [____], 2026

Drafting note — resolve with counsel, remove before publishing

DRAFT — NOT LEGAL ADVICE. Standalone agreement for review by licensed counsel in Delaware and each state of operation. Bracketed items [ ] require a business or legal decision before execution.

Please read before you agree

This Agreement is between you and rideApack, Inc., a Delaware corporation. Three things matter most, and each is explained in full below:

  • You earn 70% of the Order Total on each Delivery you complete. This is a share, not a guaranteed amount — there is no minimum per delivery, per hour, or per week (Sections 7.1–7.2).

  • You are an independent contractor, not an employee. You bear your own costs and receive no employee benefits (Section 3).

  • Your personal auto insurance probably does not cover delivery for compensation. Check with your insurer before you drive (Section 6.2).

Section 15 contains a binding arbitration agreement and class action waiver. You may opt out of it within 30 days.

1.

Acceptance and Formation

1.1 By checking the box presented at registration and tapping “I Agree,” you enter into a binding contract with rideApack, Inc. (“rideApack,” “we,” “us”). If you do not agree, do not register.

1.2 Electronic records. You consent to transact electronically under the federal E-SIGN Act (15 U.S.C. § 7001 et seq.) and applicable state UETA. Your electronic assent has the same legal effect as a handwritten signature. Our records of that assent — timestamp, IP address, device identifier, and the version of this Agreement displayed — are admissible evidence of this Agreement.

1.3 Capacity. You represent that you are at least [21] years old and have full legal capacity to enter this Agreement.

1.4 What is included. This Agreement consists of these terms, Schedule A (Transport Terms), and the policies incorporated in Section 17.

2.

What rideApack Is

2.1 A technology platform. rideApack operates a platform that enables independent Shippers to post items for transport and independent Drivers to bid on, accept, and perform that transport.

2.2 Not a carrier, not your employer. rideApack does not transport property, does not own or operate delivery vehicles, does not employ Drivers, and does not take possession or control of any item. rideApack is not a motor carrier, common carrier, contract carrier, freight forwarder, warehouseman, bailee, or moving company.

Drafting note — resolve with counsel, remove before publishing

LEGAL DECISION PENDING: whether rideApack must register with FMCSA as a property broker. If broker authority is obtained, this section must disclose broker status and MC number rather than disclaim it.

2.3 Your contract is with the Shipper. Each Delivery you accept forms a direct contract between you and the Shipper on the terms of Schedule A. rideApack is not a party to that contract and does not guarantee the Shipper’s performance.

2.4 No endorsement. Verification, screening, ratings, or continued access do not constitute any representation or guarantee by rideApack about any Shipper’s identity, honesty, or reliability.

3.

Independent Contractor Status

3.1 Relationship. You are an independent contractor. Nothing in this Agreement creates an employment, agency, partnership, joint venture, or franchise relationship.

3.2 Your discretion. You retain discretion over: (a) whether to register, log in, or make yourself available at all; (b) whether to accept, decline, or ignore any Delivery request — rideApack imposes no acceptance-rate requirement and does not penalize declines. You have at least sixty (60) seconds after an offer is displayed to decide, and you will not be penalized for not responding within that time; (c) when, where, and how long to work; (d) the route, method, and manner of performing each Delivery, subject only to the specifications the Shipper sets in Schedule A and to applicable law; (e) the vehicle and equipment you use; (f) whether to work simultaneously for competing platforms, including direct competitors of rideApack; and (g) whether to engage in any other occupation.

3.3 No minimums. rideApack imposes no minimum hours, no shift requirements, no acceptance-rate requirement, and no exclusivity.

3.4 No employee benefits. Except as any applicable state addendum requires, you are not entitled to workers’ compensation, unemployment insurance, health benefits, retirement benefits, paid leave, overtime, minimum wage, expense reimbursement, or any other employee benefit from rideApack.

3.5 Taxes. You are solely responsible for all federal, state, and local income tax, self-employment tax, and estimated payments. rideApack will not withhold and will issue Form [1099-NEC / 1099-K] where required.

3.6 Your costs. You bear all costs of performance: vehicle, fuel, maintenance, insurance, tolls, parking, mobile device, and data. rideApack does not reimburse them.

3.7 Acknowledgment. You acknowledge that you have read this Section, that it reflects the actual relationship, and that you enter it voluntarily.

Drafting note — resolve with counsel, remove before publishing

CLASSIFICATION NOTE FOR COUNSEL: this Agreement uses a pure revenue share with no earnings guarantee and no expense reimbursement — the most defensible compensation structure available to a marketplace, because it preserves genuine opportunity for profit and loss. It does not survive the strict ABC tests in Massachusetts and New Jersey, which fail on prong B regardless of pay structure. Gating those states is recommended. If California is enabled, Prop 22 requires reintroducing an earnings floor and expense compensation there — by addendum, not by changing this Agreement.

4.

Eligibility and Screening

4.1 Minimum requirements. You must at all times:

  • be at least [21] years old;
  • hold a valid, unrestricted U.S. driver’s license held for at least [1] year;
  • hold a vehicle registration in good standing;
  • maintain insurance meeting Section 6;
  • pass and continue to pass identity verification and background screening;
  • have no disqualifying record under the Screening Standards Policy; and
  • be legally authorized to work as an independent contractor in the United States.

4.2 Background check consent. You authorize rideApack to obtain consumer reports and investigative consumer reports, including criminal history and motor vehicle records, through [Checkr], at registration and on a recurring basis thereafter.

This authorization is given on a separate screen containing only the FCRA disclosure, as FCRA § 604(b) requires. It is referenced here for completeness and is not obtained by your acceptance of this Agreement.

4.3 Identity verification. You authorize identity verification through [Veriff], including capture and comparison of a government ID and a facial image. Where Illinois BIPA, Texas CUBI, or Washington law applies, biometric processing requires a separate written release with a published retention schedule.

4.4 Continuing duty. You must notify rideApack within [72 hours] of any arrest, criminal charge, license suspension or restriction, lapse in insurance, or at-fault collision.

4.5 Re-screening. You consent to periodic re-screening as a condition of continued access, and to deactivation on a disqualifying result, subject to the adverse-action process required by the FCRA and applicable state law.

5.

Vehicle and Equipment

5.1 Your vehicle must be [model year _2000_ or newer], in safe operating condition, registered, and not subject to an open safety recall affecting drivability.

5.2 You must not use a vehicle with a gross vehicle weight rating of 10,001 lbs or more, or otherwise operate as a commercial motor vehicle, unless you hold and provide evidence of all required operating authority, USDOT number, and insurance filings.

5.3 You are responsible for compliance with all traffic, parking, licensing, and equipment laws. Citations are yours.

5.4 You may not use the Platform while operating a vehicle in violation of any distracted-driving law.

6.

Insurance — Read This Carefully

6.1 Your obligation. You must maintain, at your sole expense: (a) automobile liability insurance meeting or exceeding the higher of your state’s financial responsibility minimum or [$_25,000_ combined single limit]; and (b) coverage that is not voided by using the vehicle to deliver goods for compensation.

6.2 The exclusion you must check.

WARNING

Most personal automobile policies contain a “livery,” “delivery,” or “for-hire” exclusion that voids coverage while you are transporting goods for compensation. Your personal policy may not cover you while using rideApack. You are solely responsible for confirming with your insurer that your policy covers delivery for hire, or for obtaining a commercial policy or delivery endorsement.

6.3 No coverage from rideApack. rideApack does not provide automobile liability, cargo, occupational accident, or any other insurance covering you, unless a specific coverage is separately disclosed in writing.

6.4 Shipper coverage is not your coverage. rideApack provides Shippers up to $100 of coverage per Shipment, and Shippers may buy additional coverage from third-party insurers. Both insure the Shipper’s goods, not you. Neither covers your liability to anyone. A third-party insurer that pays a Shipper may recover against you up to your Schedule A liability cap — without limit in the circumstances in Schedule A §4.3.

6.5 Evidence. You must provide a declarations page at registration and on request, and authorize rideApack to verify coverage with your insurer.

6.6 Coverage covenants. You covenant to (a) maintain delivery-endorsed or commercial coverage, (b) name rideApack as an additional insured where your policy permits, and (c) indemnify rideApack for any shortfall between your actual coverage and the Section 6.1 minimums.

7.

Your Pay

7.1 The 70/30 split. You receive seventy percent (70%) of the Order Total for each Delivery you complete. rideApack retains thirty percent (30%), and never more. Tips are yours in full, on top of your 70%, and are never subject to the platform fee.

The exact dollar amount you will receive is displayed before you accept, so you always know your pay for a Delivery before agreeing to it.

Order TotalYour payout (70%)
$25.00$17.50
$50.00$35.00
$100.00$70.00
$200.00$140.00

7.2 No guaranteed amount. Your pay is a percentage, not a fixed sum. rideApack does not guarantee you:

  • any particular dollar amount for any Delivery;
  • any minimum per Delivery, per hour, per day, or per week;
  • any level of total earnings; or
  • that any Delivery request will be available to you at all.

What you earn depends entirely on the Order Totals of the Deliveries you choose to accept. The Minimum Order Total on the Platform is [$25.00], at which a Delivery pays you [$17.50] before your own costs.

7.3 Marketing figures are estimates. Any illustrative earnings figures describe what some Drivers have earned. They are not promises and are not terms of this Agreement.

7.4 Payout. Earnings are paid via [processor] on [schedule], subject to identity verification and tax documentation.

7.5 Adjustments and offsets. rideApack may withhold or offset against confirmed fraud, chargebacks attributable to you, sums you owe rideApack, and amounts subject to an unresolved claim, for no more than [_3_ days] absent legal process.

7.6 Optional incentives. rideApack may offer optional promotions, described in the Driver Incentive Schedule if one is published. Any promotion is discretionary, may be modified or withdrawn prospectively on [thirty (10)] days’ notice for a material change, never applies retroactively to a Delivery already accepted, is not conditioned on exclusivity or acceptance rate, and is not wages.

7.7 Clawback. rideApack may recover any incentive obtained through fraud, falsified Deliveries, or account sharing. rideApack will not claw back a payment made in reliance on its own calculation error unless [identified within thirty (30) days and recovered from future payments with notice].

7.8 Disclosure before you accept. Before you accept a Delivery, rideApack displays:

  • your payout in dollars;
  • the Order Total and the 70/30 split;
  • estimated earnings split by tips and reimbursements (the reimbursements line reads $0.00 — rideApack does not reimburse costs);
  • the number of transactions;
  • the pickup and delivery addresses;
  • the direction, estimated time, and estimated distance of the route;
  • the Declared Value;
  • Restricted-Item status; and
  • any applicable incentive.

Within 24 hours of completion, rideApack emails you: actual pay disaggregated, the full tip paid by the Shipper, actual time and distance travelled, and any cancellation information. rideApack also provides quarterly or monthly mileage totals with the applicable IRS mileage rate.

Drafting note — resolve with counsel, remove before publishing

Disclosure fields and the 60-second window in §3.2(b) are required in Colorado by C.R.S. § 8-4-126 and are adopted platform-wide.

8.

Performing Deliveries

8.1 Acceptance. Accepting a Delivery forms a direct contract between you and the Shipper on Schedule A. You are solely responsible for performance.

8.2 Custody. You take custody at pickup and hold it until delivery is confirmed. You must:

  • inspect and photograph the Shipment at pickup and at delivery;
  • refuse any Shipment that is misdescribed, appears to contain a Prohibited Item, or that you cannot safely or lawfully transport;
  • keep the Shipment secure and unopened;
  • not leave a Shipment unattended in an unsecured location or visible inside a vehicle; and
  • deliver only to the designated recipient or location and obtain the required confirmation.

8.3 Prohibited Items. You must not knowingly transport any Prohibited Item listed in Schedule A §3.5. If you discover one in transit, stop and contact rideApack [and, where required, law enforcement]. Transporting contraband exposes you to personal criminal liability regardless of what the Shipper told you.

8.4 Non-delegation. You may not subcontract, delegate, or permit another person to perform a Delivery you accepted, or share your account.

8.5 Delays and incidents. You must promptly notify the Shipper and rideApack of any delay or inability to deliver, and must report any collision, injury, theft, or law-enforcement contact involving a Delivery within [4 hours of incident].

8.6 Refused, undeliverable, and abandoned Shipments. (a) If delivery cannot be completed, notify rideApack and the Shipper immediately and follow the in-app resolution flow. (b) Keep the Shipment secure for at least [48 hours] pending instructions. Do not open, use, sell, or dispose of it. (c) A return leg, if the Shipper requests one, is a new Delivery paid at [the return-leg rate]. (d) If no instruction is given within [3 days], surrender the Shipment to rideApack as directed. (e) Abandoning or retaining a Shipment is conversion — a criminal act, uncapped under Section 9.2, and grounds for immediate deactivation.

8.7 Your cancellations.

When you cancelConsequence
Before pickup, more than [30 min] before the windowNo fee, no rating impact
Before pickup, inside the window or after arrivalFirst [2] per rolling 30 days free; then [$5]
For cause — unsafe location, misdescribed Shipment, suspected Prohibited ItemNo penalty; [$5] travel payment if already en route
After taking custody, without causeNo payment; return obligation under §8.6; deactivation review
9.

Your Liability

9.1 You are liable to the Shipper for loss or damage caused by your negligence, capped as provided in Schedule A §4.2.

9.2 You are fully liable, without cap, in the circumstances listed in Schedule A §4.3 — theft, conversion, willful misconduct, gross negligence, bodily injury or death, and third-party property damage.

9.3 The aggregate of all subrogated and assigned claims against you arising from one Shipment is limited to the Schedule A §4.2 cap, except where §4.3 removes it.

9.4 Indemnity. You will defend, indemnify, and hold harmless rideApack and its officers, directors, employees, and agents from any claim, loss, liability, penalty, or expense (including reasonable attorneys’ fees) arising from: your use of the Platform; your breach of this Agreement or any law; any Delivery you accept or perform; your operation of a vehicle; any injury, death, or property damage you cause; and your tax obligations.

This indemnity does not extend to any claim arising from rideApack’s own negligence, willful misconduct, or violation of law, or to any claim that you were misclassified.

rideApack may assume the defense of any indemnified matter at your reasonable cost, and will not settle any matter admitting your liability without your consent, not unreasonably withheld.

10.

Standards and Deactivation

10.1 You must maintain a rating of at least [_2 Stars_] and comply with the Community Standards Policy.

10.2 rideApack may deactivate you immediately for a safety or fraud concern, failed re-screening, credible complaint, or breach; and may deactivate for convenience on [fourteen (14)] days’ notice.

10.3 Notice and appeal. rideApack will give written notice by email or text stating the reasons for deactivation and any steps available to remedy it. You may appeal for thirty (30) days; rideApack will respond within fourteen (14) days; and if the alleged violation is not substantiated, rideApack will reinstate you within seventy-two (72) hours.

10.4 Deactivation does not forfeit earnings already accrued, except amounts withheld under Section 7.5.

11.

Acceptable Use

You will not:

  • use the Platform unlawfully;
  • transport any Prohibited Item;
  • misrepresent your identity, insurance, licensure, or vehicle;
  • circumvent the Platform by arranging off-platform payment or transport with any Shipper first introduced through the Platform for [twelve (12)] months (except where such a restraint is void under applicable state law, including California, North Dakota, Oklahoma, and Minnesota, in which case this clause does not apply to you);
  • harass, threaten, or discriminate against any person;
  • scrape or reverse engineer the Platform;
  • manipulate ratings or create false accounts; or
  • interfere with Platform integrity.
12.

Confidentiality

Shipper contact information, addresses, and Shipment details are confidential and may be used only to perform the Delivery. You must not retain, copy, sell, or disclose them.

13.

Intellectual Property

13.1 The Platform, its software, applications, designs, trademarks, and the rideApack name and logos are owned exclusively by rideApack.

13.2 Subject to your compliance, rideApack grants you a limited, revocable, non-exclusive, non-transferable license to access the Platform for its intended purpose.

13.3 You grant rideApack a worldwide, non-exclusive, royalty-free, sublicensable, perpetual license to host, store, reproduce, modify, and display content you submit — including pickup and delivery photographs and ratings — for operating, securing, improving, and defending the Platform and resolving disputes. Use of your content for advertising requires your separate opt-in and never extends to delivery-confirmation media.

13.4 Any suggestion you submit is non-confidential and may be used without restriction or compensation.

14.

Privacy and Communications

14.1 Your data is handled under the rideApack Privacy Policy.

14.2 You consent to receive calls, texts, and push notifications for transactional purposes at any number you provide, including via automated systems. Marketing texts require separate, unbundled consent and are not covered by this Section.

14.3 Location. Your location is collected during active Deliveries and, where disclosed, while you are available for dispatch.

14.4 Messages sent through the Platform may be stored and reviewed for safety, fraud prevention, and dispute resolution.

15.

Dispute Resolution — Arbitration and Class Action Waiver

PLEASE READ CAREFULLY. THIS SECTION AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO A JURY TRIAL AND TO PARTICIPATE IN A CLASS ACTION.

15.1 Informal resolution first. Before arbitration, send a written Notice of Dispute to [legal@rideapack.com] describing the claim and relief sought. The parties will attempt in good faith to resolve it for [sixty (60)] days. This is a condition precedent to arbitration, and it tolls any applicable limitations period.

15.2 Agreement to arbitrate. Except as stated in Section 15.5, any dispute arising out of or relating to this Agreement, the Platform, or any relationship between you and rideApack — whether in contract, tort, statute, or otherwise, and whether arising before, during, or after termination — shall be resolved exclusively by final and binding individual arbitration administered by [the American Arbitration Association under its Employment/Workplace Arbitration Rules].

15.3 FAA § 1 fallback. If a court determines that you are a “worker engaged in foreign or interstate commerce” exempt from the Federal Arbitration Act under 9 U.S.C. § 1, this arbitration agreement shall instead be governed and enforced under [the Delaware Uniform Arbitration Act / the arbitration law of your state of residence] and shall remain fully enforceable on that basis.

15.4 Class action waiver. YOU AND RIDEAPACK EACH WAIVE THE RIGHT TO A JURY TRIAL AND THE RIGHT TO PARTICIPATE IN A CLASS, COLLECTIVE, CONSOLIDATED, OR REPRESENTATIVE ACTION. The arbitrator may award relief only to the individual party seeking it. If this waiver is held unenforceable as to any claim, that claim proceeds in court and is severed; the remainder of this Section survives.

15.5 Exceptions. Either party may bring an individual action in small claims court, and either may seek injunctive relief in court for intellectual property infringement or unauthorized Platform access.

15.6 Costs. rideApack will pay all arbitration filing and administrative fees exceeding what you would pay to file in court.

15.7 Opt-out. You may opt out of this Section 15 by written notice to [legal@rideapack.com], or through the in-app opt-out form, within 30 days of first accepting this Agreement. Opting out does not affect any other provision, and rideApack will take no adverse action against you for opting out — no deactivation, no ranking penalty, no change in terms.

15.8 Mass arbitration. If 25 or more similar demands are filed by or with the assistance of the same counsel, the parties will proceed under [the AAA Mass Arbitration Supplementary Rules, including bellwether procedures].

15.9 Governing law and venue. This Agreement is governed by the laws of the State of Delaware, without regard to conflict-of-law rules, except that the Federal Arbitration Act (or the fallback in §15.3) governs Section 15. Where a court finds Delaware law inapplicable to a worker-protection claim, the law of your state of residence applies to that claim only. For any matter not subject to arbitration, exclusive venue lies in [New Castle County, Delaware].

16.

Disclaimers and Limitation of Liability

16.1 THE PLATFORM IS PROVIDED “AS IS” AND “AS AVAILABLE.” TO THE MAXIMUM EXTENT PERMITTED BY LAW, RIDEAPACK DISCLAIMS ALL WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

16.2 RIDEAPACK DOES NOT WARRANT THAT ANY DELIVERY WILL BE AVAILABLE TO YOU, THAT ANY SHIPPER IS WHO THEY CLAIM TO BE, OR THAT THE PLATFORM WILL BE UNINTERRUPTED OR ERROR-FREE.

16.3 TO THE MAXIMUM EXTENT PERMITTED BY LAW, RIDEAPACK WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, LOST EARNINGS, LOST DATA, OR BUSINESS INTERRUPTION.

16.4 Cap. RIDEAPACK’S TOTAL AGGREGATE LIABILITY TO YOU FOR ALL CLAIMS SHALL NOT EXCEED THE GREATER OF (a) THE TOTAL PLATFORM FEES RIDEAPACK RECEIVED IN CONNECTION WITH YOUR DELIVERIES IN THE TWELVE (12) MONTHS PRECEDING THE EVENT, OR (b) [FIVE HUNDRED DOLLARS ($500.00)].

16.5 RIDEAPACK IS NOT LIABLE FOR THE ACTS OR OMISSIONS OF ANY SHIPPER OR THIRD PARTY.

16.6 Nothing limits liability that cannot be limited by law. Some jurisdictions do not allow certain limitations; in those, liability is limited to the fullest extent permitted.

17.

General

17.1 Incorporated policies. Privacy Policy; Biometric Data Policy; Screening Standards Policy; Community Standards Policy; Driver Incentive Schedule (if incentives are offered); and any applicable state addendum.

Drafting note — resolve with counsel, remove before publishing

These must be drafted, published, and version-pinned before launch. A provision pointing at a document that does not exist is unenforceable.

17.2 Modification. rideApack may modify this Agreement. Material changes take effect only after you are presented with the revised Agreement and affirmatively accept it. Until you accept, the last version you accepted governs your Deliveries, and any revised version binds you only prospectively from your acceptance timestamp.

17.3 Term and termination. This Agreement begins on acceptance and continues until terminated. You may terminate at any time by closing your account, subject to completing any accepted Delivery. rideApack may terminate under Section 10.

17.4 Survival. Sections 1.2, 3, 6.6, 8.6, 9, 11, 12, 13, 15, 16, and this Section 17 survive termination.

17.5 Geographic scope. The Platform is offered in the United States only, excluding [New York; and, pending review, Massachusetts and New Jersey], and excluding any jurisdiction rideApack has not enabled.

17.6 Assignment. You may not assign this Agreement. rideApack may assign freely, including in a merger or sale of assets.

17.7 Severability. If any provision is unenforceable, it is modified to the minimum extent necessary or severed, and the remainder stays in effect. Section 15.4 governs the consequences of an unenforceable class action waiver.

17.8 No waiver. Failure to enforce is not a waiver.

17.9 Entire agreement. This Agreement, Schedule A, and the incorporated policies are the entire agreement between you and rideApack and supersede all prior understandings.

17.10 Notices. rideApack may give notice by in-app message, push notification, or email to your registered address. Notice to rideApack goes to [legal@rideapack.com] and [registered agent address].

17.11 Contact. rideApack, Inc., [address], [legal@rideapack.com].

Schedule A — Transport Terms (Shipper ↔ Driver)

This Schedule is the contract between the Shipper and the Driver for each Shipment. rideApack is not a party to it. Both the Shipper and the Driver accept this identical text — the Shipper through the Shipper Agreement, the Driver through this Agreement — and again at bid acceptance for each Shipment. rideApack is an intended third-party beneficiary of Sections 4, 5, 7, and 8 and may enforce them directly.

A-1.

Formation

1.1 These Transport Terms form a binding contract between the Shipper and the Driver for a single Shipment at the moment the bid is accepted through the Platform.

1.2 The version in force is the version displayed and accepted at bid acceptance. Later revisions do not apply to Shipments already accepted.

1.3 Any insurer or other payor asserting a subrogated or assigned right against a Driver takes it subject to Sections 4.2, 4.3, and 4.8.

A-2.

The Bargain

TermSource
Order TotalAs agreed at bid acceptance; the Driver receives 70% of it
Declared ValueAs stated by the Shipper and displayed to the Driver before acceptance
Pickup / delivery locations and windowsAs posted and accepted
Item description, weight, dimensions, handlingAs posted by the Shipper
Restricted-Item statusAs flagged at posting and displayed at bid

2.1 The Driver agrees to transport the Shipment with reasonable care, per the posted specifications and applicable law.

2.2 The Shipper agrees to tender the Shipment as described, properly packaged, at the stated location and time, and to pay the Order Total through the Platform.

A-3.

Inspection, Refusal, Custody, Prohibited Items

3.1 Inspection. The Driver may request to view contents before taking custody. Refusal to permit inspection entitles the Driver to refuse the Shipment without penalty.

3.2 Right to refuse. The Driver may refuse any Shipment that (a) materially differs from its description, (b) appears to contain a Prohibited Item, (c) exceeds stated weight or dimensions, (d) cannot be transported safely or lawfully, or (e) requires access to an unsafe location. Refusal on these grounds is for cause and is not a breach.

3.3 Custody. The Driver takes custody at pickup and holds it until delivery is confirmed. Custody does not make the Driver a common carrier or an insurer.

3.4 Documentation. Both parties consent to photographic documentation at pickup and delivery as evidence of condition.

3.5 Prohibited Items. The Shipper may never tender:

  • hazardous materials as defined in 49 C.F.R. Parts 171–180;
  • explosives, fireworks, ammunition, firearms or components, and weapons;
  • controlled substances, cannabis, and drug paraphernalia;
  • prescription medication, human remains, biological or medical specimens, and infectious substances;
  • live animals;
  • currency, bullion, negotiable instruments, and bearer securities;
  • stolen, counterfeit, or contraband goods;
  • alcohol and tobacco/vape products absent a licensed-delivery program;
  • obscene material and any item whose transport is a crime;
  • unsealed personal or health records;
  • items exceeding [__ lbs] or [__ cubic feet] or requiring a commercial motor vehicle; and
  • household goods moves constituting an interstate move of household furnishings.
A-4.

Liability for Loss or Damage

4.1 Standard. The Driver is liable to the Shipper for physical loss of or damage to the Shipment caused by the Driver’s negligence.

4.2 Cap. The Driver’s liability under §4.1 is capped at the lesser of (a) the Declared Value displayed to the Driver at bid acceptance, or (b) [$100] per Shipment.

4.3 No cap for these. The §4.2 cap does not apply to: theft or conversion by the Driver; willful misconduct or gross negligence; bodily injury or death; or damage to third-party property. This is the single controlling list of uncapped exposures.

4.4 Declared Value is not insurance. It is a liability ceiling only, is not underwritten, and creates no obligation on rideApack.

4.5 Shipper conduct. The Driver is not liable for loss or damage caused by (a) inadequate packaging, (b) inaccurate or incomplete description, (c) inherent vice, (d) the Shipper’s delivery instructions including instructions to leave a Shipment unattended, or (e) acts of third parties after delivery confirmation.

4.6 Prohibited Items. A Prohibited Item tendered in breach carries no Driver liability except under §4.3, and no rideApack Coverage.

4.7 Consequential damages. Neither party is liable to the other for indirect, incidental, special, consequential, exemplary, or punitive damages, or for lost profits, business interruption, loss of use, or emotional distress.

4.8 Coverage. (a) rideApack provides the Shipper up to $100 of coverage per Shipment, without regard to Driver fault. This does not increase the Driver’s liability by any amount, and rideApack does not pursue the Driver for what it pays under it. (b) The Shipper may obtain coverage above $100 from a third-party insurer. rideApack neither sells nor arranges that coverage and receives no compensation for it. (c) The aggregate of all subrogated and assigned claims against the Driver from one Shipment — whether by an insurer, rideApack, or the Shipper — is limited to the §4.2 cap, except where §4.3 removes it. (d) The Shipper recovers once for one loss.

A-5.

Risk of Loss

Risk of loss passes to the Driver when custody is taken and returns to the Shipper on delivery confirmation, subject in all cases to the caps and exclusions in Section 4. Between those moments the Driver’s exposure is limited to Section 4 and the Driver is not an insurer of the goods.

A-6.

Notice of Claim

6.1 The Shipper must give the Driver written notice through the Platform within [48 hours] of scheduled delivery, or — for damage not reasonably discoverable on inspection — within [7 days] of discovery and no more than [30] days after delivery.

6.2 Failure to give timely notice bars the claim, except where a shorter period than the applicable statutory minimum would be unenforceable, in which case the shortest enforceable period applies.

6.3 Theft claims require a filed police report.

A-7.

Cancellation

EventConsequence
Shipper cancels before acceptanceNo charge
Shipper cancels after acceptance, before Driver en route[$5 or 20% of Order Total, whichever is greater] to Driver
Shipper cancels after Driver en route or on arrival[50%] of Order Total; Driver receives 70% of that
Driver cancels for cause (§3.2)No penalty; Shipper not charged; [$5] to Driver if already en route
Driver cancels without cause before custodyNo payment; fee per Driver Agreement §8.7
Driver fails to deliver after taking custodyReturn obligation; no payment; Section 4 liability applies
A-8.

Disputes Between Shipper and Driver

8.1 Before any formal proceeding, the parties will use rideApack’s claims-facilitation process in good faith for [30] days. rideApack’s determination binds neither party.

8.2 Any dispute between Shipper and Driver arising from a Shipment shall be resolved by final and binding individual arbitration administered by [administrator], on an individual basis only. Both parties waive the right to a jury trial and to participate in a class or representative action against each other. Either party may bring an individual action in small claims court.

8.3 The law of the state in which pickup occurred governs, without regard to conflict-of-law rules.

8.4 rideApack may, but is not obliged to, provide records, facilitate resolution, or issue a goodwill credit. Doing so is not an admission and does not make rideApack a party.

A-9.

General

9.1 This Schedule, together with the Shipment specifications displayed at bid acceptance, is the entire agreement between Shipper and Driver for that Shipment.

9.2 Neither party may assign it.

9.3 If any provision is unenforceable, it is modified or severed and the remainder stays in effect.

9.4 Each party’s obligations to rideApack under its own agreement with rideApack are unaffected.

Acceptance (rendered at Driver signup)

I have read and agree to the rideApack Driver Agreement, including Schedule A. I understand that I earn 70% of each Order Total and am not guaranteed any fixed amount (§7.1–7.2), that I am an independent contractor (§3), that my personal auto policy may not cover delivery for compensation (§6.2), and that Section 15 contains a binding arbitration agreement and class action waiver.

Questions about this Agreement?

rideApack, Inc. — [address]. Contact: [legal@rideapack.com]

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