Common use of Your Relationship with Company Clause in Contracts

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 Companion Driver App, Envoy America Portal, and the Envoy America Services creates a direct business relationship between Company and you. Company does not, and shall not be deemed to, direct or control you generally or in your performance under this Agreement specifically, including in connection with your provision of Transportation Plus Companionship and Assistance Services, your acts or omissions, or your operation and maintenance of your Vehicle. You retain the sole right to determine when, where, and for how long you will utilize the Companion Driver App, Envoy America Portal, or the Envoy America Services. You retain the option, via the Companion Driver App or the Envoy America Portal, to attempt to accept or to decline or ignore a User’s request for Transportation Plus Companionship and Assistance Services via the Envoy America Services, or to cancel an accepted request for Transportation Plus Companionship and Assistance Services via the Companion 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 Vehicle(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 Envoy America Services; and (ii) engage in any other occupation or business. Company retains the right to deactivate or otherwise restrict you from accessing or using the Companion Driver App, Envoy America Portal, or the Envoy America Services in the event of a violation or alleged violation of this Agreement, your disparagement of Company or any of its Affiliates, your act or omission that causes harm to Company’s or its Affiliates’ brand, reputation or business as determined by Company 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 Companion Driver App, Envoy America Portal, Provider App and the Envoy America Uber Services creates a direct business relationship between Company and you. Company does shall not, and shall not be deemed 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 Transportation Plus Companionship and Assistance Delivery Services, your acts or omissions, or your operation and maintenance of your VehicleTransportation Method. You retain the sole right to determine (i) when, where, and for how long you will utilize the Companion Driver App, Envoy America Portal, Provider App or the Envoy America ServicesUber 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 Companion Driver App or the Envoy America PortalProvider App, to attempt to accept or to decline or ignore a User’s request for Transportation Plus Companionship and Assistance Delivery Services via the Envoy America Uber Services, or, when necessary or appropriate to do so in the exercise of your business judgment, to cancel an accepted request for Transportation Plus Companionship and Assistance Delivery Services via the Companion Driver App or Envoy America PortalProvider 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 Vehicle(s)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 Envoy America 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 (iiiii) engage in any other occupation or business. Company retains the right to deactivate or otherwise restrict you from accessing or using the Companion Driver App, Envoy America Portal, Provider App or the Envoy America Uber 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 Company 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 interestCompany.

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 Companion Driver App, Envoy America Portal, App and the Envoy America Services creates a direct business relationship between Company and you. Company does not, and shall not be deemed to, direct or control you generally or in your performance under this Agreement specifically, including in connection with your provision of Transportation Plus Companionship and Transportation/Companionship/Assistance Services, your acts or omissions, or your operation and maintenance of your Vehicle. You retain the sole right to determine when, where, and for how long you will utilize the Companion Driver App, Envoy America Portal, App or the Envoy America Services. You retain the option, via the Companion Driver App or the Envoy America Portaldirect contact with company personnel via email, to attempt to accept or to decline or ignore a User’s request for Transportation Plus Companionship and Transportation/Companionship/Assistance Services via the Envoy America Services, or to cancel an accepted request for Transportation Plus Companionship and Transportation/Companionship/Assistance Services via the Companion Driver App or Envoy America Portalemail, 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 Vehicle(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 Envoy America Services; and (ii) engage in any other occupation or business. Company retains the right to deactivate or otherwise restrict you from accessing or using the Companion Driver App, Envoy America Portal, App or the Envoy America Services in the event of a violation or alleged violation of this Agreement, your disparagement of Company or any of its Affiliates, your act or omission that causes harm to Company’s or its Affiliates’ brand, reputation or business as determined by Company 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 Driver Companion Driver App, Envoy America Portal, and the Envoy America Services creates a direct business relationship between Company and you. Company does not, and shall not be deemed to, direct or control you generally or in your performance under this Agreement specifically, including in connection with your provision of Transportation Plus Companionship and Assistance Services, your acts or omissions, or your operation and maintenance of your Vehicle. You retain the sole right to determine when, where, and for how long you will utilize the Driver Companion Driver App, Envoy America Portal, or the Envoy America Services. You retain the option, via the Driver Companion Driver App or the Envoy America Portal, to attempt to accept or to decline or ignore a User’s request for Transportation Plus Companionship and Assistance Services via the Envoy America Services, or to cancel an accepted request for Transportation Plus Companionship and Assistance Services via the Driver Companion 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 Vehicle(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 Envoy America Services; and (ii) engage in any other occupation or business. Company retains the right to deactivate or otherwise restrict you from accessing or using the Driver Companion Driver App, Envoy America Portal, or the Envoy America Services in the event of a violation or alleged violation of this Agreement, your disparagement of Company or any of its Affiliates, your act or omission that causes harm to Company’s or its Affiliates’ brand, reputation or business as determined by Company 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 Companion Driver App, Envoy America Portal, App and the Envoy America Services creates a direct business relationship between Company and you. Company does not, and shall not be deemed to, direct or control you generally or in your performance under this Agreement specifically, including in connection with your provision of Transportation Plus Companionship and Transportation/Companionship/Assistance Services, your acts or omissions, or your operation and maintenance of your Vehicle. You retain the sole right to determine when, where, and for how long you will utilize the Companion Driver App, Envoy America Portal, App or the Envoy America Services. You retain the option, via the Companion Driver App or the Envoy America Portaldirect contact with company personnel via email, to attempt to accept or to decline or ignore a User’s request for Transportation Plus Companionship and Transportation/Companionship/Assistance Services via the Envoy America Services, or to cancel an accepted request for Transportation Plus Companionship and Transportation/Companionship/Assistance Services via the Companion Driver App or Envoy America Portalemail, 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 Vehicle(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 Envoy America Services; and (ii) engage in any other occupation or business. Company retains the right to deactivate or otherwise restrict you from accessing or using the Companion Driver App, Envoy America Portal, App or the Envoy America Services in the event of a violation or alleged violation of this Agreement, your disparagement of Company or any of its Affiliates, your act or omission that causes harm to Company’s or its Affiliates’ brand, reputation or business as determined by Company 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.