Common use of Your Relationship with Company Clause in Contracts

Your Relationship with Company. You acknowledge and agree that Company’s provision to you of the Provider App and the Uber Services creates a direct business relationship between Company and you. Company shall not, and has no right to, supervise, direct or control you generally or in your performance under this Agreement specifically, including in connection with your provision of Delivery Services, your acts or omissions, or your operation and maintenance of your Transportation Method. You retain the sole right to determine (i) when, where, and for how long you will utilize the Provider App or the Uber Services and (ii) the manner in which Delivery Services are completed, subject only to User or Delivery Recipient specifications. You retain the option, via the Provider App, to attempt to accept or to decline or ignore a User’s request for Delivery Services via the Uber Services, or, when necessary or appropriate to do so in the exercise of your business judgment, to cancel an accepted request for Delivery Services via the Provider App, subject to Company’s then-current cancellation policies. With the exception of any signage required by local law or permit/license requirements, Company shall have no right to require you to: (a) display Company’s or any of its Affiliates’ names, logos or colors on your Transportation Method; or (b) wear a uniform or any other clothing displaying Company’s or any of its Affiliates’ names, logos or colors. You acknowledge and agree that you have complete discretion to provide services or otherwise engage in other business or employment activities. For the sake of clarity, you understand that you retain the complete right to: (i) use other software application services in addition to the Uber Services; (ii) provide delivery services to your own customers, provided such business activities do not interfere with your completion of Delivery Services you have accepted via the Provider App; and (iii) engage in any other occupation or business. Company retains the right to deactivate or otherwise restrict you from accessing or using the Provider App or the Uber Services in the event of a violation of this Agreement, your disparagement of Company or any of its Affiliates, fraudulent activity, or your act or omission that causes harm to Company’s or its Affiliates’ brand, reputation or business as determined by Company.

Your Relationship with Company. You acknowledge and agree that Company’s provision to you of the Provider Driver App and the Uber Envoy America Services creates a direct business relationship between Company and you. Company shall does not, and has no right shall not be deemed to, supervise, direct or control you generally or in your performance under this Agreement specifically, including in connection with your provision of Delivery Transportation/Companionship/Assistance Services, your acts or omissions, or your operation and maintenance of your Transportation MethodVehicle. You retain the sole right to determine (i) when, where, and for how long you will utilize the Provider Driver App or the Uber Services and (ii) the manner in which Delivery Services are completed, subject only to User or Delivery Recipient specificationsEnvoy America Services. You retain the option, via the Provider AppDriver App or direct contact with company personnel via email, to attempt to accept or to decline or ignore a User’s request for Delivery Transportation/Companionship/Assistance Services via the Uber Envoy America Services, or, when necessary or appropriate to do so in the exercise of your business judgment, to cancel an accepted request for Delivery Transportation/Companionship/Assistance Services via the Provider AppDriver App or email, subject to Company’s then-current then-­‐current cancellation policies. With the exception of any signage required by local law or permit/license requirements, Company shall have no right to require you to: (a) display Company’s or any of its Affiliates’ names, logos or colors on your Transportation MethodVehicle(s); or (b) wear a uniform or any other clothing displaying Company’s or any of its Affiliates’ names, logos or colors. You acknowledge and agree that you have complete discretion to provide services or otherwise engage in other business or employment activities. For the sake of clarity, you understand that you retain the complete right to: ; (i) use other software application services in addition to the Uber Envoy America Services; (ii) provide delivery services to your own customers, provided such business activities do not interfere with your completion of Delivery Services you have accepted via the Provider App; and (iiiii) engage in any other occupation or business. Company retains the right to deactivate or otherwise restrict you from accessing or using the Provider Driver App or the Uber Envoy America Services in the event of a violation or alleged violation of this Agreement, your disparagement of Company or any of its Affiliates, fraudulent activity, or your act or omission that causes harm to Company’s or its Affiliates’ brand, reputation or business as determined by CompanyCompany in its sole discretion.

Your Relationship with Company. Except as otherwise expressly provided herein with respect to Company acting as the limited payment collection agent solely for the purpose of collecting payment from Users on your behalf, the relationship between the parties under this Agreement is solely that of independent contracting parties. The parties expressly agree that: (a) this Agreement is not an employment agreement, nor does it create an employment relationship, between Company and you; and (b) no joint venture, partnership, or agency relationship exists between Company and you. You acknowledge and agree that Company’s provision to you of the Provider App Companion Driver App, Envoy America Portal, and the Uber Envoy America Services creates a direct business relationship between Company and you. Company shall does not, and has no right shall not be deemed to, supervise, direct or control you generally or in your performance under this Agreement specifically, including in connection with your provision of Delivery Transportation Plus Companionship and Assistance Services, your acts or omissions, or your operation and maintenance of your Transportation MethodVehicle. You retain the sole right to determine (i) when, where, and for how long you will utilize the Provider App Companion Driver App, Envoy America Portal, or the Uber Services and (ii) the manner in which Delivery Services are completed, subject only to User or Delivery Recipient specificationsEnvoy America Services. You retain the option, via the Provider AppCompanion Driver App or the Envoy America Portal, to attempt to accept or to decline or ignore a User’s request for Delivery Transportation Plus Companionship and Assistance Services via the Uber Envoy America Services, or, when necessary or appropriate to do so in the exercise of your business judgment, to cancel an accepted request for Delivery Transportation Plus Companionship and Assistance Services via the Provider AppCompanion Driver App or Envoy America Portal, subject to Company’s then-current cancellation policies. With the exception of any signage required by local law or permit/license requirements, Company shall have no right to require you to: (a) display Company’s or any of its Affiliates’ names, logos or colors on your Transportation MethodVehicle(s); or (b) wear a uniform or any other clothing displaying Company’s or any of its Affiliates’ names, logos or colors. You acknowledge and agree that you have complete discretion to provide services or otherwise engage in other business or employment activities. For the sake of clarity, you understand that you retain the complete right to: ; (i) use other software application services in addition to the Uber Envoy America Services; (ii) provide delivery services to your own customers, provided such business activities do not interfere with your completion of Delivery Services you have accepted via the Provider App; and (iiiii) engage in any other occupation or business. Company retains the right to deactivate or otherwise restrict you from accessing or using the Provider App Companion Driver App, Envoy America Portal, or the Uber Envoy America Services in the event of a violation or alleged violation of this Agreement, your disparagement of Company or any of its Affiliates, fraudulent activity, or your act or omission that causes harm to Company’s or its Affiliates’ brand, reputation or business as determined by CompanyCompany in its sole discretion. Without limiting anything else in this section, you will not be eligible to participate in any vacation, group medical or life insurance, disability, profit sharing or retirement benefits, or any other fringe benefits or benefit plans offered by the Company to its employees, and the Company will not be responsible for withholding or paying any income, payroll, Social Security, or other federal, state, or local taxes, making any insurance contributions, including for unemployment or disability, or obtaining workers' compensation insurance on your behalf. You shall be responsible for, and shall indemnify the Company against, all such taxes or contributions, including penalties and interest.

Your Relationship with Company. Except as otherwise expressly provided herein with respect to Company acting as the limited payment collection agent solely for the purpose of collecting payment from Users on your behalf, the relationship between the parties under this Agreement is solely that of independent contracting parties. The parties expressly agree that: (a) this Agreement is not an employment agreement, nor does it create an employment relationship, between Company and you; and (b) no joint venture, partnership, or agency relationship exists between Company and you. You acknowledge and agree that Company’s provision to you of the Provider App Driver Companion App, Envoy America Portal, and the Uber Envoy America Services creates a direct business relationship between Company and you. Company shall does not, and has no right shall not be deemed to, supervise, direct or control you generally or in your performance under this Agreement specifically, including in connection with your provision of Delivery Transportation Plus Companionship and Assistance Services, your acts or omissions, or your operation and maintenance of your Transportation MethodVehicle. You retain the sole right to determine (i) when, where, and for how long you will utilize the Provider App Driver Companion App, Envoy America Portal, or the Uber Services and (ii) the manner in which Delivery Services are completed, subject only to User or Delivery Recipient specificationsEnvoy America Services. You retain the option, via the Provider AppDriver Companion App or the Envoy America Portal, to attempt to accept or to decline or ignore a User’s request for Delivery Transportation Plus Companionship and Assistance Services via the Uber Envoy America Services, or, when necessary or appropriate to do so in the exercise of your business judgment, to cancel an accepted request for Delivery Transportation Plus Companionship and Assistance Services via the Provider AppDriver Companion App or Envoy America Portal, subject to Company’s then-current cancellation policies. With the exception of any signage required by local law or permit/license requirements, Company shall have no right to require you to: (a) display Company’s or any of its Affiliates’ names, logos or colors on your Transportation MethodVehicle(s); or (b) wear a uniform or any other clothing displaying Company’s or any of its Affiliates’ names, logos or colors. You acknowledge and agree that you have complete discretion to provide services or otherwise engage in other business or employment activities. For the sake of clarity, you understand that you retain the complete right to: ; (i) use other software application services in addition to the Uber Envoy America Services; (ii) provide delivery services to your own customers, provided such business activities do not interfere with your completion of Delivery Services you have accepted via the Provider App; and (iiiii) engage in any other occupation or business. Company retains the right to deactivate or otherwise restrict you from accessing or using the Provider App Driver Companion App, Envoy America Portal, or the Uber Envoy America Services in the event of a violation or alleged violation of this Agreement, your disparagement of Company or any of its Affiliates, fraudulent activity, or your act or omission that causes harm to Company’s or its Affiliates’ brand, reputation or business as determined by CompanyCompany in its sole discretion. Without limiting anything else in this section, you will not be eligible to participate in any vacation, group medical or life insurance, disability, profit sharing or retirement benefits, or any other fringe benefits or benefit plans offered by the Company to its employees, and the Company will not be responsible for withholding or paying any income, payroll, Social Security, or other federal, state, or local taxes, making any insurance contributions, including for unemployment or disability, or obtaining workers' compensation insurance on your behalf. You shall be responsible for, and shall indemnify the Company against, all such taxes or contributions, including penalties and interest.