Captain Example Contract

 MyBenzie Captain Agreement

Version 2.0
Schunot Miller, Inc.
A Texas Corporation

Effective Date: August 1st, 2026

Revision: Version 2.0

TABLE OF CONTENTS

RECITALS 3

ARTICLE I – Definitions 4

ARTICLE II – Independent Contractor Relationship 5

ARTICLE III – Platform Operations and Available to Captain 10

ARTICLE IV – Delivery Opportunities 15

ARTICLE V – Compensation and Earnings Programs 20

ARTICLE VI – Captain Responsibilities 25

ARTICLE VII – Vehicle, Insurance, and Safety Requirements 29

ARTICLE VIII – Confidentiality, Technology, and Intellectual Property 35

ARTICLE IX – Suspension and Termination 39

Schedule A – Service Areas 44

Schedule B – Compensation Programs 45

Captain Acknowledgment 48

Signature Pages 49

RECITALS

This Independent Contractor Agreement ("Agreement") is entered into by and between Schunot Miller, Inc., a Texas corporation doing business as MyBenzie ("MyBenzie" or the "Company"), and the individual identified on the Captain Acknowledgment page ("Captain").

The Company operates a technology platform that connects Residents with independent contractors who voluntarily elect to perform delivery opportunities made available through the MyBenzie platform.

The Captain desires to utilize the MyBenzie platform to receive and perform delivery opportunities as an independent contractor and acknowledges that nothing contained in this Agreement creates an employer-employee relationship.

Both parties desire to establish their respective rights and responsibilities regarding use of the MyBenzie platform.

Accordingly, in consideration of the mutual promises contained herein, the parties agree as follows.


ARTICLE I — DEFINITIONS

For purposes of this Agreement, the following definitions shall apply.

Section 1.1 – Company

"Company" means Schunot Miller, Inc., a Texas corporation doing business as MyBenzie, together with its successors and permitted assigns.

Section 1.2 – Platform

"Platform" means all websites, mobile applications, software, dispatch systems, communication systems, technology, algorithms, and related services operated by MyBenzie.

Section 1.3 – Captain

"Captain" means an individual approved by MyBenzie to access the Platform and voluntarily perform Delivery Opportunities as an independent contractor.

Approval as a Captain does not guarantee any minimum amount of work, compensation, or continued access to the Platform except as specifically provided in a separate written addendum.

Section 1.4 – Resident

"Resident" means an individual or business utilizing the Platform to request delivery services.

Section 1.5 – Merchant

"Merchant" means any participating restaurant, retailer, pharmacy, grocery store, or other business utilizing the Platform.

Section 1.6 – Delivery Opportunity

"Delivery Opportunity" means a request transmitted through the Platform that a Captain may voluntarily accept or decline.

Nothing in this Agreement obligates the Company to offer any particular number of Delivery Opportunities, nor obligates a Captain to accept any Delivery Opportunity unless otherwise agreed after acceptance.

Section 1.7 – Available to Captain

"Available to Captain" means any period during which:

      • The Platform is actively accepting Delivery Opportunities from Residents; and
      • The Captain has voluntarily elected to make themselves available through the Platform to receive Delivery Opportunities.

A Captain's decision to become Available to Captain is voluntary and does not create an employment relationship or guarantee any minimum number of Delivery Opportunities, except as provided in a separate written Earnings Guarantee Addendum.

Section 1.8 – Earnings Guarantee Addendum

"Earnings Guarantee Addendum" means any written compensation program issued by MyBenzie that temporarily modifies or supplements compensation under this Agreement. Unless expressly stated otherwise, such addenda modify only compensation and do not alter the Captain's independent contractor status or any other provision of this Agreement.

Section 1.9 – Service Area

"Service Area" means any geographic area designated by MyBenzie in Schedule A or otherwise communicated through the Platform in which Delivery Opportunities may be offered.

Section 1.10 – Applicable Law

"Applicable Law" means all federal, state, and local statutes, regulations, ordinances, and legally binding governmental requirements that govern the performance of services under this Agreement.

For services performed within the State of Michigan, the parties acknowledge that any mandatory provisions of Michigan law shall apply to the extent required by law. Except where mandatory law provides otherwise, this Agreement shall be interpreted in accordance with the governing law provisions set forth in Article X.

ARTICLE II — INDEPENDENT CONTRACTOR RELATIONSHIP

Section 2.1 – Independent Business Relationship

The Captain acknowledges and agrees that they are entering into this Agreement as an independent contractor and not as an employee, agent, partner, joint venturer, franchisee, or legal representative of MyBenzie.

Nothing contained in this Agreement shall be construed as creating an employment relationship between the Company and the Captain.

The Captain shall remain solely responsible for the manner and means by which Delivery Opportunities are completed, subject only to the service standards and platform requirements contained in this Agreement.

Section 2.2 – No Guarantee of Work

MyBenzie does not guarantee that any Delivery Opportunities will be offered to the Captain.

Likewise, except after voluntarily accepting a specific Delivery Opportunity, the Captain is under no obligation to perform any services through the Platform.

The Captain understands that the availability of Delivery Opportunities depends upon Resident demand, Merchant participation, weather conditions, business volume, geographic location, operational needs, and other factors beyond the Company's control.

Section 2.3 – Voluntary Participation

The Captain retains complete discretion regarding whether to:

      • Become Available to Captain;
      • Accept Delivery Opportunities;
      • Decline Delivery Opportunities;
      • End availability at any time; and
      • Utilize competing business opportunities, subject to the confidentiality and intellectual property provisions of this Agreement.

Nothing in this Agreement requires the Captain to make themselves available for any minimum number of hours or deliveries.

Section 2.4 – Control of Performance

Except for standards reasonably necessary to protect the Company's reputation, Residents, Merchants, and the integrity of the Platform, the Captain shall determine the manner and means by which accepted Delivery Opportunities are completed.

The Captain is solely responsible for:

      • Selecting travel routes;
      • Determining the order in which accepted deliveries are completed when permitted by the Platform;
      • Choosing lawful driving practices;
      • Managing fuel expenses;
      • Maintaining equipment;
      • Scheduling breaks;
      • Determining when to make themselves available.

Section 2.5 – Taxes

The Captain acknowledges that they are solely responsible for:

      • Federal income taxes;
      • State income taxes;
      • Self-employment taxes;
      • Local taxes;
      • Estimated tax payments;
      • Business licensing obligations, if applicable.

MyBenzie shall not withhold payroll taxes, Social Security, Medicare, unemployment insurance, or any other employment-related deductions unless required by law.

The Captain shall receive appropriate tax reporting forms as required by applicable law.

Section 2.6 – Benefits

Because the Captain is an independent contractor, the Captain is not eligible for employee benefits provided by MyBenzie, including but not limited to:

      • Health insurance;
      • Dental insurance;
      • Vision insurance;
      • Retirement plans;
      • Paid vacation;
      • Sick leave;
      • Holiday pay;
      • Workers' compensation benefits provided to employees;
      • Unemployment benefits, except where required by law.

Nothing contained herein shall prohibit the Captain from obtaining independent insurance coverage at the Captain's own expense.

Section 2.7 – Equipment

Unless otherwise agreed in writing, the Captain shall provide, maintain, and pay all costs associated with equipment necessary to perform Delivery Opportunities, including but not limited to:

      • Motor vehicle;
      • Fuel;
      • Insurance;
      • Cellular telephone;
      • Data service;
      • Vehicle maintenance;
      • Delivery equipment;
      • Safety equipment required by law.

Section 2.8 – No Authority to Bind the Company

The Captain has no authority to:

      • Enter contracts on behalf of MyBenzie;
      • Modify Company policies;
      • Extend credit;
      • Make warranties;
      • Represent ownership of the Company;
      • Hire employees or contractors;
      • Negotiate Merchant agreements;
      • Speak on behalf of the Company except as reasonably necessary while completing accepted Delivery Opportunities.

Any unauthorized representation made by the Captain shall be the sole responsibility of the Captain.

Section 2.9 – Business Expenses

Except where expressly provided by a written Company program, the Captain shall be solely responsible for all costs and expenses incurred while performing Delivery Opportunities, including vehicle operation, fuel, maintenance, tolls, parking, insurance, cellular service, and similar business expenses.

Section 2.10 – Compliance with Law

The Captain agrees to comply with all applicable federal, state, and local laws while using the Platform, including but not limited to:

      • Traffic laws;
      • Vehicle registration requirements;
      • Licensing requirements;
      • Food safety handling requirements when transporting food;
      • Age-restricted delivery laws;
      • Privacy laws;
      • Consumer protection laws.

Failure to comply with applicable law may result in immediate suspension or termination of access to the Platform.

Section 2.11 – No Exclusivity

Nothing in this Agreement prohibits the Captain from providing services for other businesses or engaging in other lawful occupations, provided that such activities:

      • Do not interfere with accepted Delivery Opportunities;
      • Do not misuse Company confidential information;
      • Do not infringe upon Company intellectual property;
      • Do not create a material conflict of interest while actively performing services through the Platform.

Section 2.12 – Acknowledgment of Independent Contractor Status

By executing this Agreement, the Captain acknowledges that they have read and understand the nature of the independent contractor relationship established herein and agree that they are operating an independent business utilizing the MyBenzie Platform to obtain Delivery Opportunities.

The Captain further acknowledges that no representative of MyBenzie has made any promise or representation inconsistent with the terms of this Agreement.

ARTICLE III — PLATFORM OPERATIONS AND AVAILABLE TO CAPTAIN

Section 3.1 – Access to the Platform

Upon approval as a Captain, MyBenzie grants the Captain a limited, non-exclusive, non-transferable, and revocable license to access and use the Platform solely for the purpose of receiving and completing Delivery Opportunities under this Agreement.

All access rights remain the exclusive property of MyBenzie and may be modified, suspended, or revoked in accordance with this Agreement.

Section 3.2 – Captain Account

Each Captain shall maintain an individual Platform account.

The Captain is solely responsible for maintaining the confidentiality of login credentials and for all activity occurring through their account.

The Captain shall immediately notify MyBenzie if unauthorized access or security concerns are suspected.

Accounts may not be sold, assigned, transferred, or shared with another individual.

Section 3.3 – Becoming Available to Captain

The Captain may voluntarily choose when to become Available to Captain through the Platform.

The Company shall not require a Captain to maintain any minimum availability or remain available for any specified period.

A Captain may discontinue their availability at any time, provided the Captain has completed or properly released any previously accepted Delivery Opportunity.

Section 3.4 – Delivery Opportunities

When a Resident requests delivery services, the Platform may present a Delivery Opportunity to one or more eligible Captains.

Each Delivery Opportunity may include available information such as:

      • Merchant location;
      • Delivery destination;
      • Estimated compensation;
      • Estimated mileage;
      • Estimated delivery distance;
      • Special delivery instructions;
      • Applicable delivery deadlines.

MyBenzie does not guarantee that all available information will be displayed prior to acceptance.

Section 3.5 – Acceptance of Delivery Opportunities

Acceptance of a Delivery Opportunity is voluntary.

Once accepted, the Captain agrees to exercise commercially reasonable efforts to complete the Delivery Opportunity in accordance with:

      • Applicable law;
      • Resident instructions;
      • Merchant requirements;
      • Company operational standards.

Acceptance creates an obligation to either complete the Delivery Opportunity or promptly notify the Company if completion becomes impossible due to circumstances beyond the Captain's reasonable control.

Section 3.6 – Declining Delivery Opportunities

The Captain may decline any Delivery Opportunity prior to acceptance.

Repeated declines shall not, by themselves, create an employment relationship or obligate the Company to provide future Delivery Opportunities.

However, MyBenzie may utilize acceptance history as one factor when determining eligibility for promotional programs, incentive programs, or preferred access to optional opportunities.


Section 3.7 – Cancellation of Accepted Deliveries

After accepting a Delivery Opportunity, the Captain shall make reasonable efforts to complete the delivery.

If circumstances prevent completion, including but not limited to:

      • Vehicle failure;
      • Illness;
      • Emergency;
      • Merchant closure;
      • Unsafe conditions;
      • Incorrect order availability;

the Captain shall promptly notify the Platform or Company.

Repeated cancellations without reasonable justification may result in corrective action under Article IX.

Section 3.8 – Resident Communication

The Captain agrees to communicate with Residents in a courteous, professional, and respectful manner.

Communication shall be limited to matters reasonably related to the accepted Delivery Opportunity.

The Captain shall not:

      • Harass Residents;
      • Request personal contact information unrelated to the delivery;
      • Solicit business outside the Platform while completing a Delivery Opportunity;
      • Engage in abusive, discriminatory, threatening, or inappropriate conduct.

Section 3.9 – Merchant Communication

The Captain shall conduct themselves professionally while interacting with Merchants.

Captains shall:

      • Follow reasonable pickup procedures;
      • Respect Merchant employees;
      • Verify orders when reasonably possible;
      • Promptly report significant issues affecting deliveries.

The Captain shall not interfere with Merchant operations or represent themselves as a Company employee.

Section 3.10 – Platform Notifications

The Captain acknowledges that Delivery Opportunities, operational notices, safety alerts, compensation updates, and policy changes may be communicated through:

      • Mobile application notifications;
      • Electronic mail;
      • Text message;
      • In-application messaging;
      • Other electronic communication methods designated by MyBenzie.

The Captain is responsible for maintaining current contact information.

Section 3.11 – Technology Requirements

The Captain shall maintain:

      • A compatible smartphone;
      • Reliable internet access;
      • GPS capability;
      • Location services when actively using the Platform;
      • Sufficient battery power to complete accepted deliveries.

Failure to maintain required technology may prevent access to Delivery Opportunities.

Section 3.12 – GPS and Operational Data

The Captain acknowledges that while actively using the Platform, MyBenzie may collect operational information including:

      • GPS location;
      • Delivery timestamps;
      • Route information;
      • Acceptance history;
      • Completion history;
      • Application usage;
      • Device information reasonably necessary to operate the Platform.

Such information is collected solely for operational, customer service, safety, fraud prevention, quality assurance, legal compliance, and business improvement purposes.

Section 3.13 – Fraud Prevention

To protect Residents, Merchants, and the integrity of the Platform, the Captain agrees not to:

      • Create multiple accounts without authorization;
      • Manipulate GPS location;
      • Falsify deliveries;
      • Accept deliveries for another individual;
      • Permit another person to complete deliveries using the Captain's account;
      • Submit false documentation;
      • Engage in any activity intended to improperly obtain compensation.

Verified fraudulent conduct may result in immediate termination of Platform access and may be referred to appropriate authorities where permitted by law.

Section 3.14 – Service Interruptions

The Captain acknowledges that the Platform may occasionally experience interruptions due to:

      • System maintenance;
      • Software updates;
      • Internet outages;
      • Cellular network interruptions;
      • Power failures;
      • Cybersecurity events;
      • Circumstances beyond the Company's reasonable control.

MyBenzie shall not be liable for temporary interruptions in Platform availability.

Section 3.15 – Operational Standards

To promote a consistent customer experience, Captains agree to:

      • Handle all orders with reasonable care.
      • Deliver orders as promptly as reasonably possible.
      • Follow lawful delivery instructions.
      • Maintain a clean and presentable vehicle.
      • Wear clothing that is clean, neat, and appropriate for public interaction.
      • Avoid smoking, vaping, or consuming alcohol or illegal drugs while performing Delivery Opportunities.
      • Treat Residents, Merchants, and Company representatives with courtesy and professionalism.

Nothing in this Section shall be interpreted as granting MyBenzie control over the manner and means of performing services beyond establishing reasonable quality standards necessary to protect the Company's reputation and the safety of Residents and Merchants.

ARTICLE IV — COMPENSATION AND EARNINGS PROGRAMS

Section 4.1 – Compensation

The Captain shall be compensated only for completed Delivery Opportunities in accordance with the compensation programs established by MyBenzie and in effect at the time the Delivery Opportunity is accepted.

Compensation may consist of one or more of the following:

      • Base delivery compensation;
      • Distance-based compensation;
      • Time-based compensation, where applicable;
      • Promotional incentives;
      • Peak demand incentives;
      • Bonuses;
      • Customer tips;
      • Other incentive programs established by the Company.

Compensation programs may be modified by MyBenzie at any time upon reasonable notice.

Section 4.2 – Compensation Disclosure

Before accepting a Delivery Opportunity, the Platform may display an estimated amount the Captain can expect to receive.

Estimated compensation is based upon information available at the time of the offer and may be adjusted if:

      • The delivery is modified;
      • The Resident changes the order;
      • Additional stops are added;
      • The order is canceled;
      • An error is discovered;
      • A promotional program applies.

Section 4.3 – Customer Tips

The Captain shall retain one hundred percent (100%) of all customer tips received through the Platform.

MyBenzie shall not deduct, retain, or otherwise reduce customer tips except where required by law or where a payment processor reverses a transaction.

Cash tips received directly from Residents belong solely to the Captain.

Captains are solely responsible for reporting all taxable tip income as required by applicable law.


Section 4.4 – Promotional Incentives

From time to time, MyBenzie may offer voluntary incentive programs, including but not limited to:

      • Peak pay;
      • Referral bonuses;
      • Completion bonuses;
      • Service incentives;
      • Guaranteed earnings promotions;
      • Seasonal promotions;
      • Other incentive opportunities.

Participation in promotional programs shall be governed by the terms of each individual promotion.

MyBenzie reserves the right to modify or discontinue promotional programs at any time.

Section 4.5 – Earnings Guarantee Programs

Any guaranteed earnings program shall be governed exclusively by a separate written Captain Earnings Guarantee Addendum.

Unless specifically stated otherwise within the applicable addendum:

      • Guaranteed earnings programs are temporary;
      • Participation is voluntary;
      • Such programs do not create an employment relationship;
      • Such programs modify compensation only;
      • All remaining provisions of this Agreement remain in full force and effect.


Section 4.6 – Daily Payout Option

Eligible Captains may elect to receive daily payouts of earned compensation.

Daily payouts are subject to:

      • Successful processing by the Company's payment provider;
      • Verification of completed deliveries;
      • Any applicable processing fee disclosed by the Company.

At the Effective Date of this Agreement, the processing fee for daily payouts is 3.5% of the payout amount unless otherwise communicated in writing by MyBenzie.

Processing fees may be modified upon reasonable notice.

Section 4.7 – Weekly Payout Option

Captains may elect to receive weekly payouts through direct deposit.

Weekly payouts shall generally be processed without an administrative processing fee unless otherwise disclosed by the Company.

Payment timing may vary depending upon banking institutions, holidays, weekends, payment processors, or circumstances beyond the Company's control.

Section 4.8 – Direct Deposit

Captains shall complete any payment election and direct deposit authorization forms required by the Company.

The Captain is solely responsible for maintaining accurate banking information.

MyBenzie shall not be responsible for payment delays resulting from inaccurate or outdated banking information supplied by the Captain.

Section 4.9 – Payment Adjustments

The Company may make reasonable adjustments to previously issued compensation in order to correct:

      • Duplicate payments;
      • Processing errors;
      • Fraudulent activity;
      • Payment processor reversals;
      • Calculation errors;
      • Resident refunds affecting Company-funded promotions;
      • Other administrative errors.

Whenever reasonably practical, the Company will provide notice describing the adjustment.

Section 4.10 – Chargebacks and Fraud

If compensation is paid as the result of:

      • Fraud;
      • False delivery completion;
      • Duplicate accounts;
      • Unauthorized use of another person's account;
      • Intentional misuse of the Platform;

MyBenzie may offset future compensation or pursue any other lawful remedy available under applicable law.

Nothing in this Section limits the Company's right to suspend or terminate Platform access under Article IX.

Section 4.11 – Taxes

The Captain acknowledges that all compensation received under this Agreement constitutes compensation paid to an independent contractor.

The Captain shall be solely responsible for reporting and paying all applicable taxes associated with compensation received through the Platform.

MyBenzie shall issue tax reporting documents as required by applicable law.

Section 4.12 – No Guaranteed Earnings

Except as expressly provided in a separate written Earnings Guarantee Addendum, nothing in this Agreement guarantees:

      • A minimum number of Delivery Opportunities;
      • A minimum amount of compensation;
      • A minimum hourly amount;
      • Any specific level of income.

Actual earnings depend upon numerous factors, including but not limited to Resident demand, Merchant participation, accepted Delivery Opportunities, geographic location, availability, and other market conditions.

Section 4.13 – Disputed Payments

Any dispute regarding compensation shall be submitted to MyBenzie in writing within thirty (30) calendar days after the payment was made or should reasonably have been made.

The Company will investigate the matter in good faith and communicate its determination to the Captain.

Failure to raise a dispute within this period does not automatically waive legal rights but may limit the Company's ability to investigate and resolve the issue due to the passage of time.

Section 4.14 – No Assignment of Compensation

The Captain may not assign, transfer, pledge, or otherwise encumber compensation payable under this Agreement without the prior written consent of MyBenzie, except where prohibited by applicable law.

ARTICLE V — CAPTAIN RESPONSIBILITIES AND STANDARDS OF CONDUCT

Section 5.1 – Professional Conduct

The Captain agrees to conduct themselves in a professional, courteous, and respectful manner while using the Platform and while interacting with Residents, Merchants, Company representatives, and members of the public.

The Captain acknowledges that every interaction reflects upon the reputation of MyBenzie and agrees to exercise sound judgment at all times while performing accepted Delivery Opportunities.

Section 5.2 – Order Accuracy

The Captain shall make commercially reasonable efforts to ensure that:

      • The correct order is received from the Merchant;
      • The order appears complete based upon visible packaging;
      • Drinks and additional items are collected when identified by the Merchant;
      • The order remains secure during transportation.

Captains shall not open sealed food containers or tamper with merchant packaging.

If an apparent issue is discovered, the Captain shall promptly notify the Merchant or MyBenzie before completing the delivery whenever reasonably possible.

Section 5.3 – Care of Property

The Captain shall exercise reasonable care when handling:

      • Resident property;
      • Merchant property;
      • Company equipment;
      • Delivery containers;
      • Payment devices;
      • Any other property entrusted to the Captain.

The Captain shall not intentionally damage, misuse, or improperly dispose of property belonging to another.

Section 5.4 – Delivery Standards

For each accepted Delivery Opportunity, the Captain agrees to:

      • Travel directly to the Merchant unless circumstances reasonably require otherwise;
      • Deliver orders as promptly as reasonably possible;
      • Follow lawful delivery instructions provided by the Resident;
      • Notify the Resident or Company of significant delays when practical;
      • Complete deliveries in a safe and professional manner.

Nothing in this Section requires the Captain to violate traffic laws or operate a vehicle in an unsafe manner.

Section 5.5 – Customer Service

The Captain shall provide courteous service to all Residents regardless of race, color, religion, sex, national origin, age, disability, veteran status, sexual orientation, gender identity, or any other characteristic protected by applicable law.

Discrimination, harassment, intimidation, or abusive conduct shall not be tolerated.

Section 5.6 – Appearance

While performing accepted Delivery Opportunities, the Captain shall maintain a clean and presentable appearance suitable for customer-facing service.

Although MyBenzie does not require a uniform, Captains are encouraged to wear clean clothing appropriate for professional delivery services.

The Company may offer optional branded apparel; however, unless otherwise required by a separate written program, wearing Company-branded apparel shall remain voluntary.

Section 5.7 – Alcohol, Drugs, and Impairment

The Captain shall not perform Delivery Opportunities while impaired by:

      • Alcohol;
      • Illegal drugs;
      • Controlled substances used contrary to medical direction;
      • Any substance that materially impairs the Captain's ability to safely operate a motor vehicle or perform delivery services.

If a Captain becomes impaired after accepting a Delivery Opportunity, the Captain shall immediately notify MyBenzie and cease performing services until it is safe to do so.

Section 5.8 – Smoking and Vaping

The Captain shall not smoke, vape, or use tobacco products while transporting a Resident's order.

This prohibition is intended to protect the quality of transported goods and the customer experience.

Section 5.9 – Personal Conduct

While actively performing Delivery Opportunities, the Captain shall not engage in conduct including, but not limited to:

      • Fighting;
      • Threatening behavior;
      • Harassment;
      • Profanity directed toward Residents or Merchants;
      • Theft;
      • Fraud;
      • Intimidation;
      • Possession of illegal drugs;
      • Possession of unlawful weapons;
      • Criminal conduct;
      • Any conduct that reasonably places another person's safety at risk.

Section 5.10 – Confidential Information

The Captain shall respect the privacy of Residents, Merchants, and the Company.

The Captain shall not disclose or misuse confidential information obtained through the Platform, including:

      • Customer addresses;
      • Telephone numbers;
      • Payment information;
      • Merchant operating information;
      • Company operational procedures;
      • Non-public business information.

This obligation survives termination of this Agreement.

Section 5.11 – Lost or Undeliverable Orders

If an order cannot reasonably be delivered, the Captain shall follow the procedures communicated through the Platform or by MyBenzie.

The Captain shall not retain, consume, sell, or dispose of Resident property except as specifically instructed by the Company or where otherwise permitted by applicable law.


Section 5.12 – Accidents and Incidents

The Captain shall promptly report to MyBenzie any incident occurring during an accepted Delivery Opportunity involving:

      • Motor vehicle accidents;
      • Personal injury;
      • Property damage;
      • Criminal activity;
      • Threats to personal safety;
      • Police involvement;
      • Significant customer complaints.

Reporting an incident does not constitute an admission of liability.

Section 5.13 – Compliance with Company Policies

The Captain agrees to comply with reasonable written operational policies issued by MyBenzie that are consistent with this Agreement and intended to promote:

      • Safety;
      • Platform integrity;
      • Customer satisfaction;
      • Regulatory compliance;
      • Fraud prevention;
      • Efficient operation of the Platform.

Operational policies shall not be interpreted as creating an employment relationship or giving the Company control over the manner and means by which the Captain performs services beyond what is reasonably necessary to protect the Platform and its users.

Section 5.14 – Duty to Protect the MyBenzie Brand

The Captain acknowledges that MyBenzie has invested substantial resources in developing its reputation and goodwill.

Accordingly, while actively using the Platform, the Captain agrees not to engage in conduct that would reasonably be expected to materially damage the Company's reputation, including:

      • Knowingly making false statements about the Company;
      • Impersonating Company representatives;
      • Using Company trademarks without authorization;
      • Misrepresenting Company policies;
      • Publicly disclosing confidential operational information.

Nothing in this Section is intended to prohibit lawful communications protected by applicable law, including truthful statements or legally protected concerted activities.

Section 5.15 – Captain Acknowledgment

The Captain acknowledges that compliance with the standards contained in this Article promotes the safety of Residents, the success of Merchants, and the continued growth of the MyBenzie Platform.

Failure to comply with these standards may result in corrective action under Article IX.

ARTICLE VI — VEHICLE, INSURANCE, AND SAFETY REQUIREMENTS

Section 6.1 – Driver Eligibility

To perform Delivery Opportunities through the Platform, the Captain shall continuously maintain:

      • A valid driver's license issued by the appropriate governmental authority;
      • Legal authorization to operate a motor vehicle in each jurisdiction where services are performed;
      • A vehicle that complies with applicable laws;
      • Insurance coverage required by applicable law; and
      • Eligibility to perform services under this Agreement.

The Captain shall immediately notify MyBenzie if any of the foregoing requirements are no longer satisfied.

Section 6.2 – Vehicle Standards

The Captain shall provide a vehicle that is safe, reliable, and in good operating condition.

The vehicle shall at all times maintain:

      • Functional brakes;
      • Properly inflated tires with lawful tread depth;
      • Operational headlights, taillights, brake lights, and turn signals;
      • Functional windshield wipers;
      • Mirrors required by law;
      • Working seat belts;
      • Current registration as required by law.

The Company reserves the right to require reasonable documentation demonstrating compliance with these requirements.

Section 6.3 – Vehicle Cleanliness

The Captain agrees to maintain the vehicle in a reasonably clean condition while transporting Resident orders.

The interior of the vehicle shall be free from conditions that could reasonably contaminate or damage transported items.

Whenever practical, deliveries should be secured to minimize shifting, damage, or spills during transportation.

Section 6.4 – Insurance Requirements

Throughout the term of this Agreement, the Captain shall maintain automobile liability insurance meeting or exceeding the minimum coverage required by the laws of the jurisdiction in which services are performed.

The Captain understands that MyBenzie does not provide personal automobile insurance unless expressly stated in a separate written agreement.

The Captain is solely responsible for determining whether additional commercial or rideshare insurance coverage is appropriate or required.

Section 6.5 – Proof of Insurance

Upon request, the Captain shall provide proof of current automobile insurance, vehicle registration, or other documentation reasonably necessary to verify compliance with this Agreement.

Failure to maintain required documentation may result in temporary suspension of access to the Platform until the deficiency is corrected.

Section 6.6 – Driver Responsibility

The Captain shall operate all vehicles safely and in compliance with applicable law.

The Captain shall not:

      • Drive recklessly;
      • Operate a vehicle while impaired;
      • Use a handheld mobile device in violation of applicable law;
      • Knowingly operate an unsafe vehicle;
      • Exceed legal passenger or cargo limits.

Nothing in this Agreement requires the Captain to violate traffic laws or disregard safe driving practices.

Section 6.7 – Safe Operation of the Vehicle

The Captain shall remain solely responsible for all decisions relating to the operation of their vehicle.

The Captain shall determine when weather, road conditions, traffic, visibility, or other circumstances make travel unsafe.

The Captain may discontinue or delay performance of an accepted Delivery Opportunity when necessary to protect personal safety or the safety of others, provided reasonable notice is given to MyBenzie when practical.

Section 6.8 – Delivery Equipment

The Captain shall maintain any equipment reasonably necessary to protect transported goods, including, when appropriate:

      • Insulated delivery bags;
      • Beverage carriers;
      • Order securing devices;
      • Weather protection equipment;
      • Flashlights or reflective safety equipment for nighttime deliveries.

MyBenzie may recommend specific equipment but, unless otherwise provided in writing, the Captain remains responsible for obtaining and maintaining such equipment.

Section 6.9 – Food Safety

When transporting food or beverages, the Captain agrees to exercise reasonable care to preserve the quality and safety of the order.

The Captain shall:

      • Avoid unnecessary delays after pickup;
      • Keep hot and cold items reasonably separated when practical;
      • Protect food from contamination;
      • Handle orders carefully to reduce spills or damage.

The Captain shall not open sealed containers or tamper with Merchant packaging.

Section 6.10 – Accidents

If the Captain is involved in a motor vehicle accident while performing an accepted Delivery Opportunity, the Captain shall:

      • Prioritize personal safety and the safety of others;
      • Contact emergency services when appropriate;
      • Comply with applicable legal reporting requirements;
      • Notify MyBenzie as soon as reasonably practical;
      • Cooperate in providing factual information regarding the incident.

Nothing in this Section requires the Captain to admit fault or liability.

Section 6.11 – Background Checks

Where permitted by applicable law, MyBenzie may require criminal background checks, motor vehicle record reviews, or identity verification before granting or continuing Platform access.

The Company may deny, suspend, or terminate access based upon information reasonably related to safety, legal compliance, or protection of Residents and Merchants, subject to applicable law.

Section 6.12 – Safety During Deliveries

The Captain shall use reasonable judgment while performing Delivery Opportunities.

If the Captain reasonably believes a location presents an immediate threat to personal safety, the Captain may discontinue the delivery and promptly notify MyBenzie for further instructions.

Captains are encouraged to avoid confrontations and to contact law enforcement whenever circumstances reasonably require emergency assistance.

Section 6.13 – Compliance with Safety Policies

MyBenzie may publish written safety guidance and operational recommendations designed to promote safe performance of Delivery Opportunities.

Such guidance is intended to support safe operations and shall not be interpreted as directing the manner and means by which the Captain performs services, except to the extent reasonably necessary to protect Residents, Merchants, the public, and the integrity of the Platform.

Section 6.14 – Assumption of Risk

The Captain acknowledges that delivery services involve inherent risks, including traffic hazards, weather conditions, interactions with the public, and other circumstances beyond the Company's control.

Except as otherwise required by law, the Captain voluntarily assumes the ordinary risks associated with performing Delivery Opportunities as an independent contractor.

Nothing in this Section limits any rights or remedies that cannot lawfully be waived under applicable law.

Section 6.15 – Captain Acknowledgment

The Captain acknowledges that compliance with the vehicle, insurance, and safety requirements contained in this Article is a material condition of continued access to the MyBenzie Platform.

Failure to maintain these requirements may result in suspension or termination of Platform access pursuant to Article IX.

ARTICLE VII — CONFIDENTIALITY, TECHNOLOGY, AND INTELLECTUAL PROPERTY

Section 7.1 – Ownership of the Platform

The Captain acknowledges that the MyBenzie Platform, including all software, mobile applications, websites, databases, algorithms, dispatch systems, source code, object code, interfaces, graphics, documentation, and related technology, is and shall remain the exclusive property of Schunot Miller, Inc.

Nothing contained in this Agreement grants the Captain any ownership interest in the Platform or any related intellectual property.

Section 7.2 – Company Intellectual Property

All intellectual property owned, developed, acquired, or licensed by MyBenzie, whether existing now or created in the future, shall remain the exclusive property of Schunot Miller, Inc.

This includes, but is not limited to:

      • The MyBenzie name;
      • Logos;
      • Trademarks;
      • Service marks;
      • Trade dress;
      • Copyrights;
      • Software;
      • Mobile applications;
      • Websites;
      • Domain names;
      • Databases;
      • Dispatch technology;
      • Artificial intelligence systems;
      • Training materials;
      • Business methods;
      • Marketing materials;
      • Customer lists;
      • Merchant information;
      • Pricing models;
      • Operational procedures;
      • Trade secrets;
      • Confidential business information.

No ownership rights are transferred to the Captain through this Agreement.

Section 7.3 – Limited License

During the term of this Agreement, MyBenzie grants the Captain a limited, revocable, non-exclusive, non-transferable license to use the Platform solely for the purpose of performing Delivery Opportunities.

The license immediately terminates upon suspension or termination of this Agreement.

Section 7.4 – Confidential Information

The Captain acknowledges that, through use of the Platform, they may receive confidential information belonging to MyBenzie, Residents, Merchants, or other Captains.

Confidential Information includes, without limitation:

      • Customer information;
      • Merchant information;
      • Business strategies;
      • Pricing methodologies;
      • Financial information;
      • Software architecture;
      • Platform functionality;
      • Operational procedures;
      • Security practices;
      • Marketing strategies;
      • Expansion plans;
      • Vendor information;
      • Internal communications;
      • Any information not generally available to the public.

Section 7.5 – Protection of Confidential Information

The Captain agrees to:

      • Maintain the confidentiality of all Confidential Information;
      • Use Confidential Information only as necessary to perform accepted Delivery Opportunities;
      • Prevent unauthorized disclosure;
      • Exercise reasonable care in protecting Confidential Information.

The obligations contained in this Section survive termination of this Agreement.

Section 7.6 – Customer Privacy

The Captain shall protect all personal information obtained through the Platform.

The Captain shall not:

      • Copy customer information;
      • Retain customer addresses beyond what is reasonably necessary to complete a delivery;
      • Share customer information with third parties;
      • Use customer information for personal business purposes;
      • Contact Residents outside the Platform except as reasonably necessary to complete an accepted Delivery Opportunity.


Section 7.7 – Merchant Information

Information relating to participating Merchants is confidential.

The Captain shall not disclose:

      • Merchant operating procedures;
      • Merchant pricing information;
      • Internal communications;
      • Non-public business information obtained while performing Delivery Opportunities.

Section 7.8 – Technology Restrictions

The Captain shall not:

      • Reverse engineer the Platform;
      • Attempt to access source code;
      • Circumvent security measures;
      • Modify Platform software;
      • Create derivative works;
      • Use automated scripts, bots, or unauthorized software;
      • Interfere with Platform functionality;
      • Attempt unauthorized access to Company systems.


Section 7.9 – Company Branding

The Captain shall not use the MyBenzie name, logo, trademarks, or branding except as expressly authorized by the Company.

Unauthorized use in advertising, social media, websites, promotional materials, or commercial activities is prohibited.

Nothing in this Section prohibits the Captain from truthfully identifying themselves as an independent contractor providing delivery services through the MyBenzie Platform.

Section 7.10 – Social Media

Captains are encouraged to communicate respectfully about their experiences with MyBenzie.

However, while using Company branding or representing their relationship with MyBenzie, Captains shall not knowingly publish false statements, disclose Confidential Information, impersonate Company representatives, or use Company intellectual property without authorization.

Nothing in this Section is intended to prohibit lawful communications or rights protected under applicable law.

Section 7.11 – Data Security

The Captain shall use reasonable efforts to protect Company information from unauthorized access, including by:

      • Maintaining secure passwords;
      • Protecting mobile devices used to access the Platform;
      • Installing software updates when reasonably available;
      • Promptly reporting suspected security incidents.

Section 7.12 – Return or Destruction of Information

Upon termination of this Agreement, or upon request by MyBenzie, the Captain shall promptly:

      • Return Company property in their possession;
      • Permanently delete Confidential Information stored on personal devices, to the extent permitted by law;
      • Cease all use of Company intellectual property.

The Captain may retain information only where required by law or for legitimate tax, accounting, or legal record-keeping purposes.

Section 7.13 – Injunctive Relief

The Captain acknowledges that unauthorized disclosure of Confidential Information or misuse of Company intellectual property may cause irreparable harm to MyBenzie for which monetary damages alone may be inadequate.

Accordingly, in addition to any other remedies available under applicable law, MyBenzie may seek injunctive or equitable relief to prevent or remedy such violations, subject to applicable legal standards.

Section 7.14 – Survival

The obligations contained in this Article relating to Confidential Information, intellectual property, privacy, trade secrets, and proprietary information shall survive termination or expiration of this Agreement for so long as the information remains protected under applicable law or until it becomes publicly available through lawful means not involving a breach of this Agreement.

Section 7.15 – Captain Acknowledgment

The Captain acknowledges that the technology, reputation, customer relationships, and proprietary information of MyBenzie are among the Company's most valuable assets.

The Captain agrees to respect and protect these assets throughout the term of this Agreement and thereafter as required by this Article.

ARTICLE VIII — SUSPENSION AND TERMINATION

Section 8.1 – Term of Agreement

This Agreement becomes effective upon acceptance by both parties and remains in effect until terminated in accordance with this Article.

Either party may terminate this Agreement at any time, subject to the provisions contained herein.

Section 8.2 – Voluntary Termination by the Captain

The Captain may discontinue use of the Platform and terminate this Agreement at any time by:

      • Providing written notice to MyBenzie; or
      • Ceasing use of the Platform and requesting account deactivation.

Before termination becomes effective, the Captain shall complete or properly release any accepted Delivery Opportunities that remain outstanding, unless prevented by circumstances beyond the Captain's reasonable control.

Termination does not relieve the Captain of obligations that expressly survive this Agreement.

Section 8.3 – Termination by MyBenzie

MyBenzie may suspend or terminate a Captain's access to the Platform for legitimate business reasons, including but not limited to:

      • Material breach of this Agreement;
      • Fraud or attempted fraud;
      • Theft;
      • Falsification of information;
      • Repeated failure to complete accepted Delivery Opportunities without reasonable justification;
      • Unsafe operation of a motor vehicle;
      • Harassment or discrimination;
      • Criminal conduct reasonably related to Platform safety or integrity;
      • Failure to maintain required licenses or insurance;
      • Unauthorized use of another person's account;
      • Violation of applicable law while performing Delivery Opportunities;
      • Misuse of Company intellectual property or confidential information;
      • Conduct that materially jeopardizes the safety of Residents, Merchants, other Captains, or the public.

Section 8.4 – Immediate Suspension

MyBenzie may immediately suspend Platform access while investigating conduct that reasonably appears to involve:

      • Fraud;
      • Criminal activity;
      • Threats to personal safety;
      • Identity theft;
      • Serious customer complaints;
      • Significant violations of this Agreement;
      • Other conduct that could reasonably expose the Company, Residents, or Merchants to substantial risk.

A suspension under this Section is administrative in nature and is not, by itself, a final determination of wrongdoing.

Section 8.5 – Investigation

When practical, MyBenzie may investigate reported violations before making a final decision regarding suspension or termination.

The Captain may be asked to provide information or documentation reasonably related to the investigation.

The Company may consider information from Residents, Merchants, law enforcement, payment processors, insurance providers, or other relevant sources when making its determination.

Section 8.6 – Opportunity to Respond

Except where immediate action is reasonably necessary to protect safety, comply with law, or prevent fraud, MyBenzie will generally provide the Captain with an opportunity to submit information regarding an alleged violation before making a final determination.

Nothing in this Section requires MyBenzie to delay action where prompt action is reasonably necessary.

Section 8.7 – Effect of Termination

Upon termination of this Agreement:

      • The Captain's license to use the Platform immediately ends;
      • Access credentials may be disabled;
      • The Captain shall cease representing themselves as authorized to perform services through MyBenzie;
      • Company confidential information shall remain protected as required by Article VII;
      • Company property, if any, shall be returned upon request.

Termination does not affect compensation earned for completed Delivery Opportunities, subject to lawful offsets or adjustments under this Agreement.

Section 8.8 – Final Compensation

Following termination, MyBenzie shall process payment for eligible completed Delivery Opportunities in accordance with the Company's normal payment schedule.

The Company may withhold amounts reasonably necessary to:

      • Correct payment errors;
      • Resolve fraud investigations;
      • Comply with legal obligations;
      • Recover authorized offsets described in this Agreement.


Section 8.9 – Reapplication

Termination of this Agreement does not create a right to future access to the Platform.

A former Captain who wishes to perform services through MyBenzie in the future may submit a new application, which the Company may approve or deny in its sole discretion, subject to applicable law.

Section 8.10 – Survival of Obligations

The following provisions survive termination or expiration of this Agreement to the extent applicable:

      • Confidentiality;
      • Intellectual property;
      • Privacy obligations;
      • Payment adjustments;
      • Tax obligations;
      • Dispute resolution;
      • Governing law;
      • Indemnification;
      • Any provision that, by its nature, is intended to survive termination.

Section 8.11 – No Waiver

A decision by MyBenzie not to suspend or terminate a Captain following a particular incident shall not constitute a waiver of the Company's right to take action regarding future or continuing violations.

Section 8.12 – No Guarantee of Continued Access

The Captain acknowledges that continued access to the Platform depends upon ongoing compliance with this Agreement, applicable law, and Company operational requirements.

Nothing contained in this Agreement guarantees indefinite access to the Platform.

Section 8.13 – Record Retention

Following termination, MyBenzie may retain records relating to the Captain's use of the Platform for business, legal, accounting, tax, fraud prevention, regulatory compliance, or dispute resolution purposes, consistent with applicable law and the Company's privacy practices.

Section 8.14 – Captain Acknowledgment

The Captain acknowledges that suspension and termination provisions are intended to protect the safety of Residents, Merchants, other Captains, and the integrity of the MyBenzie Platform while preserving the independent contractor relationship established by this Agreement.

ARTICLE IX — GENERAL LEGAL PROVISIONS

Section 9.1 – Governing Law

This Agreement shall be governed by and interpreted in accordance with the laws of the State of Texas, without regard to its conflict of law principles.

Because Delivery Opportunities may be performed in multiple jurisdictions, including the State of Michigan, the parties acknowledge that mandatory provisions of applicable federal, state, or local law shall control to the extent required by law.

Section 9.2 – Dispute Resolution

The parties agree to make a good-faith effort to resolve any dispute arising out of this Agreement through informal discussions.

If a dispute cannot be resolved informally within thirty (30) calendar days after written notice, either party may request mediation.

If mediation is unsuccessful, either party may pursue any remedies available under applicable law, including litigation or arbitration if both parties later agree in writing.

Nothing in this Section prevents either party from seeking temporary injunctive relief when necessary to protect confidential information, intellectual property, or other legal rights.

Section 9.3 – Notices

Any notice required under this Agreement shall be deemed sufficient if delivered by:

      • Electronic mail to the most recent email address provided by the receiving party;
      • Certified United States Mail, return receipt requested;
      • National overnight courier; or
      • Any other written method mutually agreed upon by the parties.

A Captain is responsible for maintaining current contact information with MyBenzie.

Section 9.4 – Electronic Signatures

The parties agree that electronic signatures, electronic acknowledgments, and electronic acceptance of this Agreement shall have the same legal force and effect as original handwritten signatures to the fullest extent permitted by applicable law, including the Electronic Signatures in Global and National Commerce Act (ESIGN) and the Texas Uniform Electronic Transactions Act, where applicable.

Section 9.5 – Entire Agreement

This Agreement, together with any schedules, addenda, acknowledgments, and policies expressly incorporated by reference, constitutes the entire agreement between the parties regarding the subject matter addressed herein.

It supersedes all prior oral or written discussions, negotiations, representations, or agreements concerning the same subject matter.

Section 9.6 – Amendments

MyBenzie may revise this Agreement from time to time.

Material revisions shall be communicated to Captains through the Platform, electronic mail, or another reasonable electronic method.

Continued use of the Platform after the effective date of revised terms constitutes acceptance of those revisions, except where applicable law requires a different form of consent.

Section 9.7 – Assignment

The Captain may not assign, transfer, delegate, or otherwise convey any rights or obligations under this Agreement without the prior written consent of MyBenzie.

MyBenzie may assign this Agreement to a successor entity, affiliate, purchaser, or surviving business organization in connection with a merger, acquisition, sale of assets, or corporate restructuring.

Section 9.8 – Severability

If any provision of this Agreement is determined by a court of competent jurisdiction to be invalid or unenforceable, the remaining provisions shall continue in full force and effect to the maximum extent permitted by law.

The invalid provision shall be interpreted or modified only to the extent necessary to make it enforceable while preserving its original intent whenever legally permissible.

Section 9.9 – Waiver

The failure of either party to enforce any provision of this Agreement shall not constitute a waiver of that provision or any other provision.

A waiver shall be effective only if made in writing by the party granting the waiver.

Section 9.10 – Force Majeure

Neither party shall be liable for delays or failures to perform caused by events beyond their reasonable control, including but not limited to:

      • Natural disasters;
      • Severe weather;
      • Fire;
      • Flood;
      • Pandemic;
      • Epidemic;
      • Government orders;
      • Labor disputes;
      • Internet outages;
      • Cybersecurity incidents;
      • Utility failures;
      • Acts of war;
      • Civil unrest; or
      • Other unforeseen events that materially interfere with performance.

This Section does not excuse payment obligations already accrued.

Section 9.11 – No Third-Party Beneficiaries

This Agreement is entered into solely for the benefit of MyBenzie and the Captain.

Nothing contained herein creates rights in favor of any Resident, Merchant, vendor, contractor, or other third party unless expressly provided by law.

Section 9.12 – Relationship of the Parties

Nothing contained in this Agreement shall be interpreted as creating:

      • Employment;
      • Partnership;
      • Joint venture;
      • Agency;
      • Franchise;
      • Fiduciary relationship; or
      • Employer-employee relationship.

The parties expressly intend to maintain an independent contractor relationship throughout the term of this Agreement.

Section 9.13 – Headings

Article titles, section headings, and captions are included solely for convenience and shall not affect the interpretation of this Agreement.

Section 9.14 – Survival

Any provision that by its nature should survive expiration or termination of this Agreement shall remain in effect, including but not limited to:

      • Confidentiality;
      • Intellectual property;
      • Payment adjustments;
      • Tax obligations;
      • Dispute resolution;
      • Governing law;
      • Indemnification, if applicable; and
      • Record retention obligations.

Section 9.15 – Counterparts

This Agreement may be executed in one or more counterparts, each of which shall be deemed an original, and all of which together constitute one agreement.

Electronic copies shall be considered originals for all legal purposes.

Section 9.16 – Interpretation

This Agreement shall not be interpreted against either party solely because that party drafted or assisted in drafting any portion of the Agreement.

Words used in the singular include the plural where appropriate, and vice versa.

Section 9.17 – Compliance with Applicable Law

The parties intend that this Agreement comply with all applicable federal, state, and local laws.

If any provision conflicts with a mandatory legal requirement, that provision shall be modified only to the extent necessary to comply with applicable law, while preserving the remaining provisions of the Agreement.

Section 9.18 – Captain Acknowledgment

By executing this Agreement, the Captain acknowledges that they:

      • Have carefully read this Agreement in its entirety;
      • Understand their rights and obligations;
      • Have had the opportunity to ask questions or seek independent legal or tax advice before signing;
      • Enter into this Agreement voluntarily; and
      • Agree to be bound by all terms and conditions contained herein.


SCHEDULE A

SERVICE AREAS

This Schedule A is incorporated into and forms part of the MyBenzie Independent Contractor Agreement.

Initial Service Areas

At the Effective Date of this Agreement, MyBenzie operates within the following service areas:

      • Benzie County, Michigan
      • Any municipality, township, or unincorporated area designated by MyBenzie within Benzie County
      • Additional counties, municipalities, or geographic markets approved by Schunot Miller, Inc.

MyBenzie may expand, reduce, suspend, or modify Service Areas at its sole discretion. Updates may be communicated through the Platform, electronic mail, or other reasonable electronic methods.

Nothing in this Schedule guarantees Delivery Opportunities within any particular Service Area.

Captains may choose whether to make themselves Available to Captain in any Service Area where they are authorized to receive Delivery Opportunities.


SCHEDULE B

COMPENSATION PROGRAMS

This Schedule B is incorporated into and forms part of the MyBenzie Independent Contractor Agreement.

1. General Compensation

Captains shall receive compensation only for completed Delivery Opportunities.

Compensation may include:

      • Base Delivery Pay
      • Distance Pay
      • Time-Based Compensation, where applicable
      • Promotional Bonuses
      • Peak Pay Incentives
      • Referral Bonuses
      • Customer Tips
      • Other incentive programs established by MyBenzie

No specific compensation amount is guaranteed unless expressly provided in a separate written addendum.

2. Customer Tips

Captains retain one hundred percent (100%) of customer tips received through the Platform.

Cash tips belong solely to the Captain.

Captains remain responsible for reporting taxable tip income as required by law.

3. Daily Payout Option

Eligible Captains may elect to receive daily direct deposit payouts.

At the Effective Date of this Agreement:

      • Daily payout processing fee: 3.5%

This fee may be modified by MyBenzie upon reasonable notice.

4. Weekly Direct Deposit

Captains may instead elect weekly direct deposit.

At the Effective Date of this Agreement:

      • Weekly Direct Deposit Fee: No Charge

Payments are generally processed once each week, subject to normal banking schedules.

5. Promotional Programs

MyBenzie may offer temporary programs including:

      • Guaranteed Earnings
      • Referral Bonuses
      • Peak Demand Incentives
      • Seasonal Bonuses
      • Delivery Challenges
      • Other promotional opportunities

Participation is voluntary.

Each promotion shall be governed by its individual written terms.

6. Earnings Guarantee

Any guaranteed earnings program shall be governed exclusively by a separate written:

Captain Earnings Guarantee Addendum

The Addendum controls whenever a conflict exists between the Addendum and this Schedule.

7. Payment Adjustments

The Company reserves the right to correct payment errors, duplicate payments, fraud, processing mistakes, or other administrative inaccuracies consistent with Article IV.

8. Future Modifications

Compensation programs may be modified by MyBenzie upon reasonable notice.

Updated compensation schedules do not require execution of a new Independent Contractor Agreement unless required by applicable law.

CAPTAIN ACKNOWLEDGMENT

I acknowledge that I have received, read, and understand the MyBenzie Independent Contractor Agreement.

I understand that:

      • I am an independent contractor and not an employee of Schunot Miller, Inc.
      • I am responsible for my own taxes and business expenses.
      • I may choose when to become Available to Captain.
      • I am not guaranteed any minimum number of Delivery Opportunities unless expressly stated in a separate written addendum.
      • I have had the opportunity to ask questions before signing this Agreement.
      • I understand that the Captain Earnings Guarantee, if offered, is governed by a separate written addendum.
      • I agree to comply with all Company policies incorporated into this Agreement.

I voluntarily agree to be bound by the terms and conditions of this Agreement.


SIGNATURE PAGE

MYBENZIE

Independent Contractor Agreement – Version 2.0

This Agreement is entered into between:

Schunot Miller, Inc.
A Texas Corporation
Doing Business As MyBenzie.com

and

Captain Name: ___________________________________________

Address: _________________________________________________

City: _______________________ State: ______ Zip: ___________

Telephone: ________________________________________________

Email: ____________________________________________________

Driver's License Number: ___________________________________

State Issued: _____________________________________________

CAPTAIN

Signature: _____________________________________________


Printed Name: _____________________________________________


Date: _____________________________________________


SCHUNOT MILLER, INC.

Doing Business As MyBenzie

Authorized Representative:


Printed Name:_____________________________________________


Title:_____________________________________________


Date:_____________________________________________



ENTIRE AGREEMENT ACKNOWLEDGMENT

By signing above, the parties acknowledge that they have carefully reviewed and fully understand the MyBenzie Independent Contractor Agreement – Version 2.0, including:

      • Recitals
      • Articles I through IX
      • Schedule A – Service Areas
      • Schedule B – Compensation Programs
      • Any incorporated policies or written addenda, including the Captain Earnings Guarantee Addendum where applicable

The parties agree that this Agreement constitutes the complete understanding regarding the independent contractor relationship between Schunot Miller, Inc. d/b/a MyBenzie and the Captain and supersedes all prior discussions, representations, or agreements concerning the same subject matter.