Independent Contractor Relationship with Carriers. XXXX’s relationship to any carriers with whom it arranges to transport CUSTOMER’s freight is and shall at all times be that of an independent contractor and no facts, agreements or other considerations shall be construed to be inconsistent with that status. No term or provision of any agreement with a carrier or any act or omission of MESA or a carrier shall be construed for any purpose to express or imply any joint venture, partnership, principal/agent, master/servant, fiduciary, employer/employee or other relationship between MESA and a carrier, other than that of an independent contractor relationship. No employees or other agents of a carrier shall be construed under any circumstance to be the employees, servants, or agents of MESA, CUSTOMER, the shipper/consignor, the consignee, or any “bill to” party. Neither a carrier, nor any of its employees or agents, shall have any authority to act on behalf of MESA or to alter in any manner any contractual or other relationship of MESA with CUSTOMER, shippers/consignors, consignees, or any other person or entity. Neither MESA, nor any carrier are authorized to use the formal name, any business or trade name or any derivative thereof, nor any trademark or service mark of the other or of any other company with which either MESA or a carrier may be affiliated. Any carrier that MESA arranges to transport any of CUSTOMER’s freight shall bear all costs of and shall provide all labor, wages, payroll, equipment, fuel, maintenance, insurance, federal, state and local payroll taxes and any other taxes, unemployment insurance, pensions, social security payments, workers’ compensation insurance, and all other costs associated with transportation of the subject freight and performance of such carrier’s transportation services. MESA shall not be liable for or responsible to pay any such costs. Neither MESA nor any carrier will hold itself out to be anything but an independent contractor with respect to each other and CUSTOMER shall not construe or assert MESA or any carriers to be anything but independent contractors with respect to each other.
