NON-CMV DELIVERER AGREEMENT
Last Updated: September 28, 2025
PLEASE READ THIS AGREEMENT CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS. BY ACCEPTING THIS AGREEMENT, YOU ACKNOWLEDGE THAT YOU HAVE READ IT, UNDERSTAND IT, AND VOLUNTARILY AGREE TO ALL TERMS.
This Non-CMV Deliverer Agreement (“Agreement”) is entered into by and between you, an independent business that provides delivery services (“Driver” or “you”), and EZ Around Inc, a Delaware corporation, with principal business address at 715 Paseo Roble #304, Vista, CA 92084 (“EZ Around”). Driver and EZ Around may be referred to individually as a “Party” and collectively as the “Parties.”
This Agreement is effective on the earliest of: (a) your creation of a Driver account on the EZ Around application, website, and technology platform (collectively, the “EZ Around Platform” or “Platform”); (b) your acceptance of any delivery opportunity through the Platform; or (c) your performance of delivery services brokered or arranged by EZ Around personnel or systems. This Agreement will remain in effect until terminated under Section 7.
By accepting this Agreement, you also acknowledge that you have read, understood, and agree to the EZ Around Terms of Service and Privacy Policy (collectively, the “Platform Terms”). If there is a direct conflict between this Agreement and the Platform Terms, this Agreement controls as to your relationship with EZ Around as a Driver. Capitalized terms not defined here have the meanings in the Platform Terms.
In consideration of the mutual promises herein and other good and valuable consideration, the Parties agree:
1. Relationship of the Parties; Purpose; Modifications
1.1 Independent Businesses
The Parties are independent businesses contracting with each other. Nothing in this Agreement creates an employment, agency, joint venture, partnership, or franchise relationship. Neither Party may bind the other except as expressly provided.
1.2 Purpose
This Agreement governs the business-to-business relationship between EZ Around and Driver for non-commercial motor vehicle delivery opportunities offered via the Platform (“Delivery Opportunities”). Driver is not required to use the Platform or accept any Delivery Opportunity, and EZ Around does not guarantee any particular volume of work or revenue.
1.3 Modifications
EZ Around may update this Agreement from time to time. Changes become binding upon your acceptance, which may be manifested by continued use of the Platform or performance of services after notice or posting of the updated Agreement within the Platform or on EZ Around’s website. You are responsible for regularly reviewing updates. Any compensation changes are addressed in Section 3.
2. Who We Are; Regulatory Posture
EZ Around is a technology platform and logistics marketplace that connects properly licensed and qualified drivers, couriers, and motor carriers with customers who request deliveries (“Customers”). Where required and when applicable, EZ Around may act as a property broker under federal and/or state law. EZ Around is not a motor carrier and does not assume possession, control, or responsibility for shipments; carriers and Drivers retain full responsibility for transportation services they perform.
California Notice. If you perform services in California:
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EZ Around and Driver acknowledge EZ Around may constitute a “delivery network company” and Driver a “delivery network company courier” and/or “app-based driver” under applicable California law (including Bus. & Prof. Code §§ 7451–7463, as amended).
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Solely for services performed in California, EZ Around will maintain automobile liability insurance with limits of not less than $1,000,000 per occurrence applicable to a Driver’s vehicle during “engaged time” (as defined by California law), secondary to any policy maintained by Driver and without limiting Driver’s obligations under Section 6.2. Driver may be added as an additional insured only to the extent required by law and subject to policy terms.
3. Payments; Taxes; Communications
3.1 Payments for Completed Deliveries
3.1.1 Rates and Acceptance. For each completed delivery (“Delivery”), Driver will be paid the amount displayed in the Platform at the time Driver accepts the Delivery Opportunity, unless otherwise agreed in writing or disputed in good faith. EZ Around may adjust rates for future Delivery Opportunities at its sole discretion. Driver is free to accept, reject, or ignore opportunities to maximize profit; however, once Driver accepts a Delivery, cancellation or failure to perform may constitute a Service Failure (Section 5.1.5).
3.1.2 Timing; Conditions. Subject to this Agreement, EZ Around will remit payment via electronic transfer (e.g., ACH) within seven (7) days after successful completion and proof of Delivery (e.g., bills of lading, waybills, photos, ePOD). Applicable processing/transfer fees may be deducted unless waived by EZ Around.
3.1.3 Payment Processor. Payments may be processed by a third-party (e.g., Stripe). By using the Platform, you agree to the processor’s applicable terms.
3.1.4 California Earnings Floor & Health Subsidy (If Applicable). For California services, EZ Around will comply with any applicable net earnings floor and healthcare subsidy requirements (e.g., Bus. & Prof. Code §§ 7453–7454) contingent on Driver’s eligibility and timely proof of enrollment.
3.2 Taxes
EZ Around may issue an IRS Form 1099 if legally required. Driver is solely responsible for all taxes, filings, and payments arising from Driver’s business activities.
3.3 Communications Consent
Driver consents to be contacted by EZ Around (and its affiliates/representatives) via email, phone, SMS, and push notifications, including for operational and account communications. Marketing messages (where permitted) may be opted out as described in such messages. Consent to marketing is not a condition of using the Platform.
4. Your Business; Equipment; Insurance; No Employment
4.1 Independent Enterprise
Driver represents and warrants that Driver operates an independent delivery business, is legally authorized to provide delivery services in the geographic areas of operation, and controls the manner and means of performing Deliveries, subject only to the requested result specified by the Customer and safety/compliance standards of Section 5.2.2. Driver is free to perform services for any other clients or platforms at any time.
4.2 Equipment, Costs, and Insurance
4.2.1 Equipment & Expenses. Driver provides, maintains, and bears all costs for vehicles, devices, tools, PPE, and other equipment (“Equipment”), including fuel, maintenance, tolls, tickets, parking, and mobile data. Non-CMV only:Deliveries must be performed using a passenger vehicle or similar means of transportation with GVWR ≤ 10,000 lbs.(sedan, SUV, pickup, cargo van). No CMV (≥ 10,001 lbs.) may be used under this Agreement.
4.2.2 Insurance. Driver shall maintain at Driver’s expense all insurance required by law, including at minimum auto liability meeting state minimums where services are performed, and any other coverages required for the cargo or service type. Failure to maintain required insurance is a material breach.
4.2.2.1 Workers’ Comp/Occupational Accident. Driver acknowledges Driver is not an EZ Around employee and is notcovered by EZ Around’s workers’ compensation. Driver is responsible for procuring coverage as required by law. EZ Around may, in its discretion, make available occupational accident coverage programs and may deduct proportional premiums from Driver’s payouts if Driver opts in or as allowed by law.
4.2.2.2 Proof; Additional Insured. Upon request, Driver will provide current proof of insurance from carriers of acceptable financial strength. Unless prohibited by law or waived by EZ Around, Driver will name EZ Around as an additional insured under Driver’s auto liability policy to the extent of activities under this Agreement and provide certificates evidencing such status.
4.3 Personal Performance for Safety
Driver agrees to personally pick up and deliver accepted shipments (no unauthorized substitution or delegation without EZ Around’s written consent, except where permitted by applicable law and Platform policies).
4.4 No Employment Relationship
The Parties expressly agree this is not an employment agreement. Driver receives no wages or employee benefits from EZ Around. EZ Around will not withhold taxes on behalf of Driver unless required by law.
5. Deliveries; Safety; Background; Confidentiality
5.1 Deliveries and Service Failures
5.1.1 Opportunities. The Platform may present Delivery Opportunities. Driver may set preferences and choose which to accept.
5.1.2 Discretion. EZ Around retains sole discretion over which opportunities to offer; Driver retains sole discretion whether to accept.
5.1.3 Binding Acceptance. Once accepted, Driver is contractually bound to complete the Delivery per this Agreement, the Platform Terms, and any Customer specifications.
5.1.4 Special Shipments. If a Delivery involves items requiring specific qualifications, permits, or handling (e.g., hazmat-exempt items, temperature-controlled goods, items with age-verification), Driver represents and warrants that Driver holds all necessary qualifications, will follow all applicable laws, and will indemnify EZ Around for noncompliance (Section 6.2).
5.1.5 Service Failures. If Driver cancels after acceptance, fails to perform, deviates from specifications, or otherwise causes a failure (“Service Failure”), EZ Around may recover related costs and damages and offset amounts owed (Section 6.1.3). Disputes are handled per Section 6.
5.1.6 Incidents. Driver must promptly report accidents, losses, theft, damage, or injury occurring during a Delivery and cooperate in any investigation.
5.1.7 Cancellations/Impracticability. If a Customer cancels mid-Delivery or if completion is impracticable under the provided specifications, Driver will promptly notify EZ Around and return the shipment to origin unless otherwise directed.
5.1.8 Cancellation Notice. Any Driver-initiated cancellation must comply with Platform policies. Driver must promptly alert EZ Around operations of any Service Failure.
5.2 Safety, Compliance, and Standards
5.2.1 Condition of Goods. Items must arrive untampered, uncontaminated, and in the condition intended by the Customer, subject to reasonable wear and handling during transport.
5.2.2 Safe & Lawful Performance. Driver will perform all Deliveries timely, safely, and lawfully, and complete all required proof-of-delivery steps (e.g., photos, signatures, scanned codes) within the Platform. EZ Around may maintain generally applicable safety programs and standards to ensure public safety; however, EZ Around does not control the manner or means of performance.
5.2.3 Route & Method. Subject to lawful operation and Customer requirements, Driver alone determines routes, sequence, and methods.
5.2.4 Background & MVR. As a condition of eligibility, Driver consents to initial and periodic background checks, including MVR and criminal checks, in compliance with law. Refusal or failure to meet criteria may result in ineligibility or deactivation.
5.2.5 Hours. For safety, Driver shall not be logged into the Platform and driving for more than a cumulative 12 hours in any 24-hour period without at least 6 consecutive hours logged off.
5.2.6 Conduct Policies. Driver agrees to review and comply with EZ Around’s Community and Anti-Harassmentpolicies and any other Platform conduct standards, as updated from time to time.
5.2.7 Confidentiality.
(a) “Confidential Information” means all nonpublic information of EZ Around, Customers, and their affiliates learned in connection with Deliveries, including but not limited to shipment details, device IDs, customer data, pricing, volumes, business plans, technical and operational information.
(b) Driver shall: (i) use Confidential Information solely to perform Deliveries; (ii) not disclose it to third parties except as necessary to perform Deliveries; and (iii) return or destroy it upon request or termination (and certify destruction).
(c) Exceptions: information publicly available without breach; already known without duty of confidentiality; or disclosed by a third party lawfully and without duty of confidentiality.
6. Disputes About Payment; Set-Off; Indemnity; Limitations
6.1 Payment Disputes & Set-Off
6.1.1 Driver Fault. If a Service Failure occurs, Driver may forfeit all or part of the payment for the affected Delivery based on evidence from Customer, Driver, and other sources. EZ Around will make an initial determination, subject to appeal under Section 7.4 and dispute resolution in Section 8.7.
6.1.2 EZ Around Fault. If EZ Around fails to remit undisputed amounts timely/accurately, Driver must notify EZ Around in writing and allow a reasonable cure period before pursuing remedies.
6.1.3 Set-Off. Subject to applicable law, EZ Around may offset against amounts owed to Driver any obligations, chargebacks, advances, damage claims, refunds, penalties, or costs arising under this Agreement or related to Driver’s services.
6.2 Indemnity (Maximum Protection for EZ Around)
Driver shall defend, indemnify, and hold harmless EZ Around, its Customers, and their respective affiliates, owners, officers, directors, employees, agents, successors, and assigns (collectively, “Indemnitees”) from and against any and allclaims, demands, damages, losses, liabilities, fines, penalties, costs, and expenses (including attorneys’ fees and costs) arising out of or related to:
(a) Driver’s acts or omissions in accepting, handling, transporting, or failing to perform any Delivery (including Service Failures, property damage, cargo loss, personal injury, or death);
(b) Driver’s breach of this Agreement or the Platform Terms;
(c) Driver’s taxes, insurance, licenses, permits, or regulatory obligations;
(d) Allegations of employment or entitlement to employee benefits by Driver or on Driver’s behalf; and
(e) Driver’s violation of laws or third-party rights (including privacy, data security, IP, and confidentiality).
6.3 Limitation of Liability (to the fullest extent permitted by law)
EXCEPT FOR EZ AROUND’S OBLIGATIONS EXPRESSLY REQUIRED BY LAW, EZ AROUND SHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, LOST PROFITS, LOST GOODWILL, OR BUSINESS INTERRUPTION, EVEN IF ADVISED OF THE POSSIBILITY. EZ AROUND’S TOTAL AGGREGATE LIABILITY ARISING FROM OR RELATED TO THIS AGREEMENT OR THE PLATFORM SHALL NOT EXCEED THE AMOUNT PAID OR PAYABLE BY EZ AROUND TO DRIVER FOR THE SPECIFIC DELIVERY GIVING RISE TO THE CLAIM. THESE LIMITATIONS APPLY TO THE MAXIMUM EXTENT PERMITTED BY LAW.
7. Term; Termination; Survival; Appeals
7.1 Term
This Agreement begins on the Effective Date and continues for one (1) year, automatically renewing for successive one-year terms unless terminated as provided herein.
7.2 Termination
Either Party may terminate:
(i) At will by Driver through account deactivation and deletion;
(ii) For material breach by the other Party upon written notice (email suffices). EZ Around may suspend or deactivate Driver’s account upon a material breach by Driver.
7.3 Ongoing Obligations
Termination does not relieve Driver of the obligation to complete accepted Deliveries or EZ Around of the obligation to pay for properly completed Deliveries.
7.4 Internal Appeal
If EZ Around terminates or deactivates Driver’s account and Driver disputes the basis, Driver may submit an appeal to appeal@ezaround.com (or other designated channel). EZ Around will review per its internal policies. If the appeal is successful, this Agreement remains in effect and, if applicable, account access may be reinstated.
7.5 Survival
Sections 1.1, 1.2, 3.2, 4, 5.2.7, 6, 7, and 8, and any provisions that by their nature should survive, survive termination.
8. Miscellaneous
8.1 Entire Agreement
This Agreement and the Platform Terms constitute the entire agreement between the Parties for the subject matter and supersede all prior or contemporaneous agreements. Amendments must be in writing and accepted by both Parties (subject to Section 1.3 for updates).
8.2 Assignment; Third-Party Beneficiaries
Driver may not assign this Agreement without EZ Around’s written consent. EZ Around may assign to an affiliate, successor, or acquirer. The Indemnitees in Section 6.2 are intended third-party beneficiaries solely for enforcement of Section 6.2.
8.3 No Waiver
Failure to enforce any provision is not a waiver. Any waiver must be in writing.
8.4 Headings
Headings are for convenience only and do not affect interpretation.
8.5 Severability
If any provision is held unlawful or unenforceable, the remainder remains in effect, and the provision shall be enforced to the maximum lawful extent consistent with the Parties’ intent.
8.6 Force Majeure
Neither Party is liable for failure or delay due to events beyond reasonable control, including road closures, labor actions, severe weather, natural disasters, governmental actions, or widespread platform outages.
8.7 Dispute Resolution; Governing Law; Venue
Driver will be presented a separate Arbitration Agreement. If accepted, it exclusively governs covered disputes. If not accepted, disputes arising out of or relating to this Agreement are governed by the laws of the State of California(without regard to conflicts principles), and shall be brought exclusively in the state courts of San Diego County, California or the federal district court encompassing the same. The Parties consent to jurisdiction and venue in those courts and waive objections to personal jurisdiction and venue.
8.8 Acknowledgment; Acceptance
By activating or maintaining a Driver account or otherwise accepting or performing a Delivery, Driver acknowledges having read and understood this Agreement, had an opportunity to consult with counsel, is legally competent, and agrees to be bound. Acceptance may be manifested by checking an acceptance box in the Platform or by performance as set forth herein.
EZ Around Inc
715 Paseo Roble #304
Vista, CA 92084