Effective Date: January 2, 2021
This Agreement (“Agreement”) is made and entered into by and between you, the undersigned contractor (“CONTRACTOR”), an independent contractor engaged in the business of performing the services contemplated by this Agreement, and Grab My Bag, Inc. (“GRAB MY BAG” or “COMPANY”). CONTRACTOR may enter this Agreement either as an individual or as a corporate entity. This Agreement will become effective on the date it is accepted regardless of whether you are eligible to, or ever do, perform any Contracted Services.
IMPORTANT: PLEASE REVIEW THIS AGREEMENT CAREFULLY. IN PARTICULAR, PLEASE REVIEW THE MUTUAL ARBITRATION PROVISION IN SECTION XI, AS IT REQUIRES THE PARTIES (UNLESS YOU VALIDLY OPT OUT OF ARBITRATION, AS PROVIDED BELOW) TO RESOLVE DISPUTES ON AN INDIVIDUAL BASIS, TO THE FULLEST EXTENT PERMITTED BY LAW, THROUGH FINAL AND BINDING ARBITRATION. BY ACCEPTING THIS AGREEMENT, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTOOD ALL OF THE TERMS, INCLUDING SECTION XI, AND HAVE TAKEN THE TIME AND SOUGHT ANY ASSISTANCE NEEDED TO COMPREHEND THE CONSEQUENCES OF ACCEPTING THIS AGREEMENT.
GRAB MY BAG is a company that provides an online marketplace platform using web-based technology that connects GRAB-bers and airline travelers (consumers/customers), for the purposes of delivering their luggage or airline checked items from airport baggage claim to customer specified destination. (“GRAB MY BAG platform” or “platform”). GRAB MY BAG’s software permits registered users to place orders for GRAB Packages, for GRAB-bers to deliver the requesting user’s luggage or airline checked items, from the airport baggage claim to the customer/traveler specified destination. Once such orders are made, GRAB MY BAG software notifies contractors that a delivery opportunity is available and the GRAB MY BAG software facilitates completion of the delivery. GRAB MY BAG is not an airport, airline, baggage claim delivery service, that is directly affiliated with any airports or airlines we service.
CONTRACTOR is an independent provider of delivery and other services, authorized to conduct the services contemplated by this Agreement in the geographic location(s) in which CONTRACTOR operates. CONTRACTOR possesses all equipment and personnel necessary to perform the delivery and any other services contemplated by this Agreement in accordance with applicable laws. CONTRACTOR desires to enter into this Agreement for the right to receive delivery opportunities made available through GRAB MY BAG'S platform. CONTRACTOR understands and expressly agrees that they are not an employee of GRAB MY BAG or any airport, airline or other business or consumer and that they are providing delivery and other services on behalf of themself and their business, not on behalf of GRAB MY BAG. CONTRACTOR understands (i) they are free to select those times they wish to be available on the platform to receive delivery opportunities; (ii) they are free to accept or reject the opportunities transmitted through the GRAB MY BAG platform by consumers, and can make such decisions to maximize their opportunity to profit; and (iii) they have the sole right to control the manner in which deliveries are performed and the means by which those deliveries are completed. The CONTRACTOR agrees to adhere to a reasonable delivery timeline not to exceed three hours from the time the customers’ checked items arrive at airport/airline baggage claim, and are claimed by the CONTRACTOR for delivery.
In consideration of the above, as well as the mutual promises described herein, GRAB MY BAG and CONTRACTOR (collectively “the parties”) agree as follows:
I. PURPOSE OF THE AGREEMENT
II. CONTRACTOR'S OPERATIONS
III. CONTRACTED SERVICES
a. GRAB MY BAG does not require any specific type, or quality, of CONTRACTOR’s choice of transportation.
b. CONTRACTOR does not have a supervisor or any individual at GRAB MY BAG to whom they report.
c. CONTRACTOR is not required to use any signage or other designation of GRAB MY BAG on their vehicle or person at any point in their use of the platform to perform the Contracted Services.
d. GRAB MY BAG has no control over CONTRACTOR’s personal appearance.
e. CONTRACTOR does not receive regular performance evaluations by GRAB MY BAG.
5. CONTRACTOR may use whatever payment method they choose for expenses arising from their Delivery Opportunities, to
purchase needed to facilitate consumer/customer deliveries, including, but not limited to CONTRACTOR's personal credit or
debit card, cash or a prepaid card.
6. In the event CONTRACTOR fails to fully perform any Contracted Service (a "Service Failure") due to CONTRACTOR's action or
omission, CONTRACTOR shall forfeit all or part of the agreed upon fee for that service. If CONTRACTOR disputes responsibility
for a Service Failure, the dispute shall be resolved pursuant to the "Payment Disputes" provision below.
7. CONTRACTOR agrees to immediately notify GRAB MY BAG in writing by submitting a Support inquiry through
email@example.com if CONTRACTOR's services or scope of work differ in any way from what is contemplated in this
IV. RELATIONSHIP OF PARTIES
V. PAYMENT FOR SERVICES
VI. PAYMENT DISPUTES
VII. EQUIPMENT AND EXPENSES
XI. MUTUAL ARBITRATION PROVISION
a. The arbitration shall be heard by one arbitrator (the “Arbitrator”) selected in accordance with the CPR Rules. The Arbitrator
shall be an attorney with experience in the law underlying the dispute.
b. If the parties cannot otherwise agree on a location for the arbitration, the arbitration shall take place within 45 miles of
CONTRACTOR’s residence as of the effective date of this Agreement.
c. The CPR fee schedule will apply with the following exceptions. Unless applicable law provides otherwise, in the event that
GRAB MY BAG and CONTRACTOR have agreed to this Mutual Arbitration Provision, GRAB MY BAG and CONTRACTOR shall
equally share filing fees and other similar and usual administrative costs, as are common to both court and administrative
proceedings, but CONTRACTOR’s share of such fees and costs will not exceed the filing fee to file the case in a court of
competent jurisdiction embracing the location of the arbitration. GRAB MY BAG shall pay half of any costs uniquely
associated with arbitration, such as payment of the fees of the Arbitrator, as well as room rental.
d. The Arbitrator may issue orders (including subpoenas to third parties) allowing the parties to conduct discovery sufficient
to allow each party to prepare that party's claims and/or defenses, taking into consideration that arbitration is designed to
be a speedy and efficient method for resolving disputes.
e. Except as provided in the Arbitration Class Action Waiver, the Arbitrator may award all remedies to which a party is entitled
under applicable law and which would otherwise be available in a court of law, but shall not be empowered to award any
remedies that would not have been available in a court of law for the claims presented in arbitration. The Arbitrator shall
apply the state or federal substantive law, or both, as is applicable.
f. The Arbitrator may hear motions to dismiss and/or motions for summary judgment and will apply the standards of the
Federal Rules of Civil Procedure governing such motions.
g. The Arbitrator's decision or award shall be in writing with findings of fact and conclusions of law.
h. The Arbitrator may issue orders to protect the confidentiality of proprietary information, trade secrets, or other sensitive
information. Subject to the discretion of the Arbitrator or agreement of the parties, any person having a direct interest in
the arbitration may attend the arbitration hearing. The Arbitrator may exclude any non-party from any part of the hearing.
i. Either CONTRACTOR or GRAB MY BAG may apply to a court of competent jurisdiction for temporary or preliminary
injunctive relief on the ground that without such relief the arbitration provided in this paragraph may be rendered
7. Nothing in this Mutual Arbitration Provision prevents you from making a report to or filing a claim or charge with the Equal
Employment Opportunity Commission, U.S. Department of Labor, U.S. Securities and Exchange Commission, National Labor
Relations Board, or Office of Federal Contract Compliance Programs. Nothing in this Mutual Arbitration Provision prevents the
investigation by a government agency of any report, claim or charge otherwise covered by this Mutual Arbitration Provision.
This Mutual Arbitration Provision also does not prevent federal administrative agencies from adjudicating claims and
awarding remedies based on those claims, even if the claims would otherwise be covered by this Mutual Arbitration
Provision. Nothing in this Mutual Arbitration Provision prevents or excuses a party from satisfying any conditions precedent
and/or exhausting administrative remedies under applicable law before bringing a claim in arbitration. GRAB MY BAG will not
retaliate against CONTRACTOR for filing a claim with an administrative agency or for exercising rights (individually or in
concert with others) under Section 7 of the National Labor Relations Act. Disputes between the parties that may not be
subject to pre-dispute arbitration agreement, including as provided by an Act of Congress or lawful, enforceable Executive
Order, are excluded from the coverage of this Mutual Arbitration Provision.
8. The CPR Rules may be found at www.cpradr.org or by searching for “CPR Administered Arbitration Rules” and “CPR Employment-Related Mass-Claims Protocol” using a service such as www.google.com or www.bing.com or by asking GRAB MY BAG’s General Counsel to provide a copy (by submitting a written request to General Counsel, 1445 Woodmont Lane, Suite 2612, Atlanta, GA, 30318).
9. CONTRACTOR’s Right to Opt Out of Mutual Arbitration Provision. Arbitration is not a mandatory condition of CONTRACTOR’s contractual relationship with GRAB MY BAG, and therefore CONTRACTOR may submit a statement notifying GRAB MY BAG that CONTRACTOR wishes to opt out and not be subject to this MUTUAL ARBITRATION PROVISION. In order to opt out, CONTRACTOR must notify GRAB MY BAG in writing of CONTRACTOR's intention to opt out by sending a letter, by First Class Mail, to General Counsel, 1445 Woodmont Lane, Suite 2612, Atlanta, GA 30318. Any attempt to opt out by email will be ineffective. The letter must state CONTRACTOR's intention to opt out. In order to be effective, CONTRACTOR's opt out letter must be postmarked within 30 days of the effective date of this Agreement. The letter must be signed by CONTRACTOR themself, and not by any agent or representative of CONTRACTOR. The letter may opt out, at most, only one CONTRACTOR, and letters that purport to opt out multiple CONTRACTORS will not be effective as to any. No CONTRACTOR (or their agent or representative) may effectuate an opt out on behalf of other CONTRACTORS. If, at the time of CONTRACTOR’s receipt of this Agreement, CONTRACTOR was bound by an existing arbitration agreement with GRAB MY BAG, that arbitration agreement will continue to apply to any pending litigation, even if CONTRACTOR opts out of this Arbitration Agreement. If CONTRACTOR opts out as provided in this paragraph, CONTRACTOR will not be subject to any adverse action from GRAB MY BAG as a consequence of that decision and they may pursue available legal remedies without regard to this Mutual Arbitration Provision. If CONTRACTOR does not opt out within 30 days of the effective date of this Agreement, CONTRACTOR and GRAB MY BAG shall be deemed to have agreed to this Mutual Arbitration Provision. CONTRACTOR has the right to consult with counsel of CONTRACTOR's choice concerning this Mutual Arbitration Provision (or any other provision of this Agreement).
10. Except as specified in the prior paragraph, this Mutual Arbitration Provision supersedes any and all prior arbitration agreements between CONTRACTOR and GRAB MY BAG and is the full and complete agreement relating to the formal resolution of disputes covered by this Mutual Arbitration Provision. In the event any portion of this Mutual Arbitration Provision is deemed unenforceable, the remainder of this Mutual Arbitration Provision will be enforceable. The award issued by the Arbitrator may be entered in any court of competent jurisdiction.
XII. LITIGATION CLASS ACTION WAIVER
XIII. PROPRIETARY RIGHTS AND LICENSES
XIV. TERMINATION OF AGREEMENT
XVI. ENTIRE AGREEMENT, TRANSFERABILITY, AND WAIVER
Copyright Grab My Bag, Inc. 2021 © All Rights Reserved