Independent Service Provider Agreement
Effective Date: May 8, 2015
This Agreement is entered into between TowRuner Inc., located at 2251 Barry Avenue, Los Angeles, CA 90064 ("TowRuner"), and you, an independent service provider ("ISP"). The parties agree to the following terms:
1. Dispatch
TowRuner will dispatch ISPs to assist customers in need of vehicle-related services ("Services"). Upon receiving a dispatch call, ISP will provide an estimated time of arrival ("ETA") and make all reasonable efforts to meet it. If ETA changes, ISP must notify TowRuner promptly. Communication may occur via direct, automated, or AI-assisted calls. ISP agrees to be available during declared hours of operation and notify TowRuner of any changes.
2. Services
ISP is fully responsible for safe, lawful, and professional service delivery. ISP determines the tools and approach and assumes liability for injuries or damage caused during service.
3. Payments & Rate Schedule
ISP will be paid based on a rate schedule provided by TowRuner. Direct payments from customers are prohibited unless approved. For additional or non-standard services, ISP must call TowRuner at (800) 979-3162 for authorization. Unapproved services may not be reimbursed.
4. Reimbursements
TowRuner pays ISPs within two business days of service confirmation. TowRuner may deduct owed amounts or withhold payments for unauthorized services.
5. Mileage
ISP must report drop-off locations. Compensation is based on TowRuner-calculated mileage. Disputes will be handled in good faith.
6. Customer Claims
If a customer reports damage caused by ISP, TowRuner may withhold payment until resolved. Valid complaints may result in reimbursement deductions from ISP’s payment.
7. Non-Exclusivity
This is a non-exclusive agreement. TowRuner and ISP may work with other parties. No service guarantees are made.
8. Indemnification
ISP will indemnify TowRuner against claims arising from their services, including damages or injuries caused during service. This survives termination of the agreement.
9. Insurance
ISP must maintain adequate insurance including workers’ comp, general liability, garage keeper’s liability, and any required by law. TowRuner must be named an additional insured. Evidence of coverage may be requested.
10. Background Checks
ISP is responsible for running background checks on all personnel and ensuring they are suitable to serve customers. Records must be maintained and provided upon request.
11. Termination
This agreement may be terminated by either party at any time with written notice.
12. Confidentiality
Each party agrees to protect the other’s confidential information, including customer data, pricing, and operational details. Disclosure is permitted only under legal obligation.
13. Limitation of Liability
TowRuner is not liable for indirect damages. Total liability is limited to the amount paid to ISP in the prior three months.
14. Independent Contractor
ISP operates independently and is not an employee of TowRuner. ISP is responsible for all taxes and liabilities.
15. Entire Agreement
This document represents the complete agreement between TowRuner and ISP and overrides any previous agreements.
16. Agreement Updates
TowRuner may update this agreement and will provide notice. Continued service constitutes acceptance of the updated terms.
17. Governing Law
This agreement is governed by the laws of the State of California.
18. Dispute Resolution
Disputes will first be attempted to be resolved amicably. If unresolved, binding arbitration in Los Angeles, CA under the American Arbitration Association rules will be used.
