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Personal Driver/Chauffeur Agreement

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Personal Driver/Chauffeur Agreement Powered By Docstoc
					This Personal Driver/Chauffeur Agreement sets forth an agreement between a personal
driver or chauffeur and a client. The form contains the material terms and conditions of
the agreement including the driver's hours, payment details, and the term of the
agreement. It provides options based on whether the driver is an individual or a
company, and contains numerous opportunities for customization to address the
specific needs of the parties. This document should be used by personal drivers,
chauffeurs and their clients.
                                Personal Driver/Chauffeur Agreement

This agreement is entered into as of this___ day of ___, 20__ [Instruction: Insert date.]
between _____ [Instruction: Insert passenger name.], an individual with an address of _____
[Instruction: Insert passenger address.] ("Passenger"), and _____, [Instruction and
Comment: Insert limo driver name, or in the alternate, company name of limousine
company. If this is to be an agreement with a limousine company, information should also
be inserted regarding applicable state licensing and formation information.] an individual
with an address of _____ [Instruction: Insert driver address.] ("Driver"), [Instruction: Insert
legal description of property.] for the provision of transportation services, namely, Driver shall
drive Passenger as set forth herein.

    1. Driver hereby warrants to Passenger that he has obtained and maintains the required
       applicable motor vehicle license to operate the motor vehicle as set forth herein, and that
       he will, at his sole obligation and expense, continue to maintain such motor vehicle
       license throughout the term of this agreement.
    2. Optional language: Driver shall not provide security, bodyguard or executive
       protection service as part of this agreement.
    3. Optional language: Passenger hereby employs Driver under an at-will employment
       for no definite term and on the other terms and conditions set forth herein. Either
       party may terminate the employment set forth herein, with or without cause and
       with or without notice, provided that Driver shall not provide less than fourteen
       days’ notice of termination. In the event of termination by either party, neither
       party shall retain any obligation to the other except that Passenger shall remain
       liable to pay for services previously rendered pursuant to this agreement, and
       Driver shall remain liable to return the vehicle to Passenger if same belongs to
       Passenger. [Comment: If Passenger is paying any additional benefits to Driver which
       would accrue and be due to Driver upon termination, same should be listed here.]
    4. Optional language: The first ninety days of employment shall be considered a trial
       period during which Passenger evaluates Driver’s suitability for personal at will
       employment for Passenger. Completion of this trial period does not guarantee
       continued employment for any term.
    5. Instruction: Parties should set forth whose vehicle will be used during the term of
       this agreement, the make, model, year and VIN number of such vehicle. The parties
       hereto represent the Vehicle has been inspected and is good working condition, has the
       appropriate inspection and registration, both of which are in effect and are not expired.
       [Comment: Parties should consider adding applicable information regarding who’s
       responsible to maintain and repair vehicle.]
    6. _____ [Instruction: Insert vehicle owner’s name.] (“Owner”) represents that the
       vehicle is actively insured as follows: _____ [Instruction: Insert applicable insurance
       information.] There are no driver restrictions in the policies, and the policies are in full
       force and effect, and will remain so, at the sole expense of Owner during the term of this
       agreement. Owner hereby acknowledges and agrees that the insurance set forth in this
       agreement is primary for liability, collision and comprehensive coverage. Owner agrees
       to notify Driver of any changes in the condition of the vehicle or insurance coverage, to
       the best of my knowledge.



© Copyright 2011 Docstoc Inc.                                                          2
    7. Owner further represents and warrants that he is the legal owner of the vehicle. Owner
        acknowledges that the vehicle is free from mechanical or structural defects that would
        make the vehicle anything less than road safe, and has all necessary fluids necessary.
        Parties agree that any and all dents, dings and scratches on the exterior of the vehicle
        have been identified.
    8. Passenger acknowledges that accidents, traffic problems, severe weather conditions or
        other circumstances may, from time to time, delay Driver’s arrival to Passenger, and/or
        Passenger’s arrival at his destination, and that Passenger shall seek no recourse against
        driver and shall waive any and all direct or ancillary damages which may result from any
        such delay.
    9. Driver’s hours shall be as follows: ____ to ___, [Instruction: Insert hours.] ____
        through ____, [Instruction: Insert days on which Driver shall be expected to work.]
        except as otherwise agreed by the parties. [Comment: If this is to be a limo company
        contract, revise to state the date and times on which driver shall be provided to
        passenger and what fee will be for overtime charges. Further, parties may wish to
        detail when scheduled time begins in such instances.] Driver agrees to perform work
        pursuant to this schedule.
    10. If Driver is a limo company, the following language may be used: Passenger, as set
        forth herein, shall consist of a party of ___ people, who shall be picked up at the
        following location: _____.
    11. Passenger agrees that while Driver is providing services, the number of vehicle occupants
        shall at no time exceed the number of safety/seat belts available for use in the vehicle,
        and any occupant who chooses not to use such seat belt does so at his or her own risk.
        Passenger shall comply with all applicable statutes while in the vehicle.
    12. Driver shall not be responsible for any illegal activities or dangerous conduct of
        Passenger in Driver’s presence and Driver shall not participate in any such activities or
        conduct.
    13. Driver shall be paid bi-weekly in arrears, the amount of $_____. [Instruction and
        comment: Insert pay and any other applicable benefits to be paid to Driver. If
        Driver is a limo company, state whether gratuity is included in fee. Also, if Driver is
        to have any deductions from paycheck, please make note of same here. If the pay
        arrangements are other than as stated here, revise to reflect parties’ agreement.] In
        the event Passenger does not meet Driver as scheduled, and has not cancelled within 48
        hours prior to such scheduled meeting, Passenger shall remain liable for the full amount
        due Driver. [Comment: Parties may revise the foregoing to reflect their true
        agreement.] In the event Driver does not meet Passenger as scheduled, and has not
        cancelled within 48 hours prior to such scheduled meeting, Passenger shall not be liable
        for any payment to Driver.
    14. All costs incurred by Driver at Passenger’s direction or for Passenger’s benefit shall be
        paid by Passenger at the time such fees, costs or expenses are incurred, including but not
        limited to toll charges, parking fees, fuel, emergency service fees and car washes.
    15. If Driver is a limo company, the following language may be used: Driver agrees to
        provide Passenger with a back-up driver when the primary Driver is sick or
        unavailable. Driver further agrees to provide Passenger with a replacement driver
        if Passenger is not satisfied with Driver’s work performance, or for any reason
        Passenger wishes to be assigned another driver, upon ample notice.



© Copyright 2011 Docstoc Inc.                                                         3
    16. Optional language: Passenger shall provide, at Passenger’s sole expense, Driver
        with a cellular telephone, only for use between Passenger and Driver. Passenger
        shall be responsible for any monthly service charges for such phone, except that if
        Driver utilizes the phone other than as set forth herein, Driver shall be responsible
        for any such additional usage and resulting service charges, taxes and fees. Any
        such fees may be deducted from Driver’s paycheck. If Driver fails to return such
        cellular telephone upon termination of this agreement, Passenger may deduct the
        cost of replacement of same from Driver’s final paycheck.
    17. During the term of this agreement, Driver may/may not be employed by other
        passengers; provided that such employment does not interfere with Driver’s obligations
        hereunder.
    18. Driver may not assign its obligations hereunder without Passenger’s prior written
        consent.
    19. Driver shall purchase and maintain at his own expense sunglasses, gloves and other
        personal driving accessories.
    20. Upon termination of this agreement, Driver will not remove any documentation, notes or
        paperwork relating to Passenger or any of his guests.
    21. Optional language-please note, parties should ensure this language is permitted by
        applicable statute: Driver agrees to submit to testing for use of any controlled
        substance and/or alcohol consumption in Passenger’s discretion. Driver
        understands that such testing may occur periodically during Driver’s employment;
        and Driver waives all privacy rights concerning the testing procedure, test results
        and agrees to submit to random testing. Should Driver at any time refuse to submit
        to testing or willfully fail to appear for any such testing instance, Passenger may
        terminate this agreement at once. Driver further hereby agrees he will execute any
        medical documentation necessary, if any, to release the results of any such test to
        Passenger or its agent.
    22. Whether or not specified herein, Driver shall at all times comply with any and all
        applicable motor vehicle regulations concerning the operation of same, including but not
        limited to regulations regarding consumption of alcohol, seatbelt laws and use of cellular
        telephones.
    23. This agreement sets forth the entire agreement between the parties hereto and supersedes
        any and all prior agreements or understandings between the parties pertaining to any
        subject matter contained in this agreement. Any amendments or modifications hereto
        must be in writing and signed by both parties.
    24. In case any provision of this agreement shall in any respect be declared invalid, illegal or
        unenforceable, such invalidity, illegality or unenforceability shall not affect any other
        term or condition of this agreement, and this agreement shall be interpreted as though
        such illegal, unenforceable or invalid term of condition was not a part hereof.
    25. This agreement shall be interpreted, enforced and governed pursuant to the applicable
        laws of the state of _____. [Instruction: Insert state.]
    26. The pronouns used herein shall include, where appropriate, either gender or both,
        singular and plural.

Executed as of this __ day of ____, 20 _. [Instruction: Insert date.]
________________



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Signature of Driver


________________
Signature of Passenger

________________
Signature of Vehicle Owner




© Copyright 2011 Docstoc Inc.   5
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Description: This Personal Driver/Chauffeur Agreement sets forth an agreement between a personal driver or chauffeur and a client. The form contains the material terms and conditions of the agreement including the driver's hours, payment details, and the term of the agreement. It provides options based on whether the driver is an individual or a company, and contains numerous opportunities for customization to address the specific needs of the parties. This document should be used by personal drivers, chauffeurs and their clients.