Your Independent Contractor Agreement
This Agreement is made between Travel Visit Trip LLC, a transportation service company ("Company"), and the Affiliate, operating as an independent contractor ("Driver"). It is explicitly understood and agreed that Drivers may own and operate their own separate transportation companies or work as independent drivers and still contract with Travel Visit Trip LLC. This arrangement is permissible provided that such drivers fully adhere to all the Terms and Conditions outlined herein, particularly those regarding the non-solicitation of Travel Visit Trip LLC's customers.
2. Operational Guidelines
- No cell phone use while transporting clients.
- No passenger vouchers or signatures are required.
- Display only Travel Visit Trip LLC signage during client transport.
- Arrive 15 minutes early for all assignments; notify Dispatch upon arrival and when the client boards.
- No subcontracting or unauthorized vehicle substitutions.
- Passengers or vehicles must not be released without Dispatch approval.
- Report any issues, delays, or unclaimed passengers to Dispatch immediately.
3. Agreement Term and Termination
This Agreement remains in effect for as long as the Driver chooses to work with Travel Visit Trip LLC.
To terminate the agreement, the Driver must provide written notice.
Upon termination, the Driver agrees not to contact or solicit any customers previously serviced through Travel Visit Trip LLC for a period of sixty (60) days. Travel Visit Trip LLC should have legal counsel review this non-solicitation clause specifically under applicable Minnesota and Wisconsin law.
3.1 Contact Information Updates
Drivers must re-confirm their agreement to the Terms and Conditions if they change their email address or telephone number.
All official notices, including updates to this Agreement, will be sent via email, which must remain valid and active.
4. Branding & Licensing
Drivers may use their own vehicle branding, provided it does not conflict with Travel Visit Trip LLC trademarks or misrepresent affiliation.
Soliciting or diverting Travel Visit Trip LLC customers for personal gain or competing services is strictly prohibited.
Unauthorized use of Travel Visit Trip LLC branding, logos, or trade dress is forbidden and considered a breach of agreement.
5. Chauffeur Procedures
Chauffeurs must adhere to all protocols.
For FBO pickups, check in with the tail number and notify Dispatch when the client boards.
Invoices must be submitted by 12:00 PM CST the following business day.
6. Vehicle Requirements
- All vehicles must be equipped with GPS or navigation.
- Vehicles must be 10 years old or newer.
- All vehicles must pass a DOT inspection and/or meet the requirements of Minnesota Statutes governing commercial motor vehicle inspections (including those for limousines and special transportation service vehicles, as applicable) and/or all applicable Wisconsin state and local (city/county) requirements for vehicle safety inspections for the type of service being provided.
- Travel Visit Trip LLC reserves the right to inspect the fleet.
7. Corporate & Insurance Requirements
Drivers must be legally incorporated.
Submission of a W-9 and a valid Certificate of Insurance is required.
It is affirmed that this Agreement is for an independent contractor relationship and that the parties intend this classification. However, this classification is subject to review based on the totality of the working relationship under Minnesota and Wisconsin law, and the driver understands they are responsible for complying with all obligations of an independent contractor, including tax and self-employment responsibilities. Travel Visit Trip LLC's operational practices must consistently reflect an independent contractor relationship.
8. Minimum Insurance Coverage
The following minimum insurance coverage amounts are required. However, drivers must maintain coverage that meets or exceeds all applicable federal, state, and local (city, county) regulations for the specific type of service they provide (e.g., limousine, general transportation) and the passenger capacity of their vehicle, whichever amount is highest. Drivers are responsible for knowing and complying with these regulations in their operating areas.
- Up to 15 passengers (including limousine services):$1.5M auto liability minimum, or the minimum amount required by federal regulations (if operating interstate) and/or applicable city, county, or state regulations for limousine or similar transportation services, whichever is highest. Drivers must provide documentation demonstrating compliance with these regulations if they exceed $1.5M.
- 16+ passengers (including large vehicle limousine/bus services):$5–$10M auto liability minimum, with the specific amount depending on federal regulations (if operating interstate), seating capacity, and any additional requirements mandated by city, county, or state regulations for large passenger vehicles. Drivers must provide documentation demonstrating compliance with these regulations if they exceed these minimums.
- Independent Contractors (providing transportation services using their own vehicles):$300,000–$500,000 minimum auto liability, or the minimum amount required by federal regulations (if applicable) and/or local regulations for the specific transportation services they provide in their operating city/state (which may include requirements similar to taxi or livery services), whichever is highest. Drivers must provide proof of insurance that meets or exceeds these requirements.
General Insurance Requirements:
- Proof of insurance must be submitted to Travel Visit Trip LLC and kept current. The insurance policy must name the Driver as the insured.
- Travel Visit Trip LLC reserves the right to require that it be listed as an additional insured on the driver's policy, and the driver agrees to update their coverage accordingly if requested.
9. Pre-Trip Inspection & Vehicle Verification
A Pre-Trip Inspection is required before each ride.
Travel Visit Trip LLC will perform a full electric vehicle verification to ensure it is fully electric and operational.
Inspection includes: verifying electric charging status, and checking safety features (e.g., brakes, lights, tires).
Gas-powered vehicles or those with faulty safety features are not eligible for transport.
In the event of any vehicle faults, the ride will be canceled, and a replacement vehicle dispatched.
Drivers are responsible for conducting this verification before accepting any ride request.
10. Driver Training
If "The Only Thing" provides driver training, specify the requirements for completing the training. This should include:
- Initial Training: A mandatory program for all new drivers, covering company policies, safety procedures, customer service protocols, and use of any company-provided technology. This training should include information on relevant Minnesota and Wisconsin state laws and regulations related to passenger transportation, safety, and any specific requirements for the types of services offered (e.g., ADA compliance if applicable).
- Ongoing Training: Specify if refresher courses or updates will be required, and how often.
- Specialized Training:** If applicable, include requirements for training related to specific vehicle types, passenger needs (e.g., ADA compliance), or service types (e.g., airport transfers, corporate clients).
- Training Materials and Methods:** Describe how training will be delivered (e.g., online modules, in-person sessions, videos) and what materials will be provided.
- Certification:** State whether drivers will be required to pass a test or assessment to demonstrate competency, and whether they will receive a certificate of completion.
- Costs:** Clarify who is responsible for the costs associated with training (e.g., "The Only Thing," the driver, or a shared arrangement).
- Compliance:** Emphasize that completion of required training is mandatory for drivers to maintain their contract with "The Only Thing".
11. Driver Guidelines
Here's a simplified version of the guidelines:
Vehicle Advertising:
- It's okay to have permanent magnets and signs on your vehicle during the sign-up process.
- If you have permanent advertising on your vehicle, you must tell us. You cannot promote those companies to our clients.
Client Interaction:
- Treat clients respectfully and honestly.
- You cannot solicit or divert Travel Visit Trip LLC's clients for your own business or any other competing service. This prohibition applies even if a client initiates the conversation or expresses interest in your independent services. Approaching or attempting to persuade our clients to use your own services constitutes a direct conflict of interest and a breach of this Agreement. This should be reviewed in conjunction with applicable Minnesota and Wisconsin law regarding non-solicitation.
12. Agreement Acceptance
By signing up to drive, you agree to these terms and conditions electronically, or by reading the terms and conditions in our email. This agreement is governed by the Electronic Signatures in Global and National Commerce Act (E-SIGN Act) and applicable state laws, which ensure the legal validity of electronic signatures and contracts.
13. Payment Terms
Payment terms will be outlined in a separate agreement.
Video Agreement - Use of Driver-Provided Recording Devices
Travel Visit Trip LLC acknowledges that drivers may utilize recording devices, such as dash cams, within their vehicles. The following terms and conditions apply to the use of such devices:
Compliance with Laws:
Drivers are solely responsible for ensuring that the use of recording devices complies with all applicable federal, state, and local laws, including but not limited to laws related to audio and video recording, and privacy. Drivers in Minnesota should be aware of the state's one-party consent law for audio recording and restrictions on windshield obstruction for video recording devices under Minnesota Statutes. Drivers in Wisconsin should be aware of Wisconsin's laws regarding audio and video recording and any regulations regarding the placement of recording devices in vehicles to avoid obstructing the driver's view.
Notice to Passengers:
Drivers must inform passengers that a recording device is in use. This can be done through a written notice placed in a visible location within the vehicle.
Data Usage:
- Recordings may be used in the event of a dispute, accident, or safety-related incident.
- Recordings may be shared with Travel Visit Trip LLC, law enforcement, or insurance companies as required by law or in connection with an investigation.
- Drivers are responsible for securely storing and protecting recordings from unauthorized access.
Prohibited Use:
- Recordings must not be used for any illegal or unethical purpose.
- Recordings must not be altered or manipulated in any way.
- Recordings must not be shared publicly or used for any purpose other than those stated in this agreement.
Liability:
Travel Visit Trip LLC is not responsible for any liability arising from the driver's use of recording devices, including but not limited to claims related to invasion of privacy or violation of recording laws.
Indemnification:
Drivers agree to indemnify and hold harmless Travel Visit Trip LLC from any claims, liabilities, or expenses arising from the driver's use of recording devices.
Retention:
Drivers should retain recordings only for as long as necessary to comply with legal requirements or for the purposes outlined in this agreement.
Device Specifications:
- Devices must be professionally manufactured.
- Homemade devices are prohibited.
- Devices must not obstruct the driver's view.
- Devices must be installed in accordance with manufacturer guidelines.
By using a recording device, the driver acknowledges that they have read, understood, and agree to these terms and conditions.