The Driver Subcontractor Agreement is essential for businesses operating in Nigeria that engage independent drivers for transportation services. This document is specifically designed to comply with Nigerian employment, transportation, and business regulations while establishing a clear independent contractor relationship. It's particularly relevant in today's growing gig economy and logistics sector, where companies need to maintain flexible transportation capabilities while managing risk and ensuring regulatory compliance. The agreement covers crucial aspects such as service terms, payment structures, insurance requirements, and operational standards, making it suitable for various transportation-related business operations in Nigeria. This document should be used whenever a company engages individual drivers as independent contractors rather than employees, ensuring proper legal protection for both parties under Nigerian law.
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1. Parties: Identifies the contracting company and the driver subcontractor, including full legal names and addresses
2. Background: Explains the context of the agreement, the company's business, and the need for driver subcontractors
3. Definitions: Defines key terms used throughout the agreement
4. Scope of Services: Details the specific driving and transportation services to be provided by the subcontractor
5. Independent Contractor Status: Clearly establishes the relationship as independent contracting, not employment
6. Term and Termination: Specifies the duration of the agreement and conditions for termination
7. Compensation and Payment Terms: Details payment rates, calculation methods, and payment schedules
8. Contractor Obligations: Lists the subcontractor's responsibilities including licensing, vehicle maintenance, and compliance
9. Company Obligations: Outlines the company's responsibilities to the subcontractor
10. Insurance and Liability: Specifies required insurance coverage and allocation of liability
11. Compliance with Laws: Requires adherence to relevant Nigerian transportation and safety regulations
12. Confidentiality: Protects company and customer information
13. Dispute Resolution: Establishes procedures for resolving conflicts
14. Governing Law: Specifies Nigerian law as governing the agreement
1. Non-Compete Clause: Restricts the driver from working with competitors (use when protecting client relationships is crucial)
2. Vehicle Provision: Include when the company provides vehicles to the subcontractor
3. Fuel and Maintenance Provisions: Include when there are specific arrangements for fuel costs and vehicle maintenance
4. Performance Metrics: Include when specific performance standards and monitoring systems are in place
5. Technology Usage: Include when drivers must use specific apps or technology systems
6. Customer Service Standards: Include for passenger transportation services
7. Special Cargo Handling: Include for transportation of special or hazardous materials
1. Schedule A - Service Areas: Maps and details of authorized operation areas
2. Schedule B - Rate Card: Detailed breakdown of payment rates for different services
3. Schedule C - Required Documentation: List of required licenses, permits, and certifications
4. Schedule D - Vehicle Requirements: Specific vehicle standards and maintenance requirements
5. Schedule E - Insurance Requirements: Detailed insurance coverage requirements and minimum limits
6. Schedule F - Operating Procedures: Standard operating procedures and safety protocols
7. Appendix 1 - Contact Information: Key contact details for both parties
8. Appendix 2 - Incident Report Form: Standard form for reporting accidents or incidents
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