Effective Date: April 1, 2026
This Independent Contractor Agreement ("Agreement") is entered into between KIMCO LLC DBA DonutDash ("Company"), a Texas limited liability company with its principal place of business in Tyler, Texas, and the individual who accepts this Agreement through the DonutDash platform ("Contractor" or "Driver").
By accepting delivery assignments through the DonutDash platform, Contractor acknowledges that they have read, understood, and agree to the terms of this Agreement.
Contractor is an independent contractor and is not an employee, agent, partner, or joint venturer of the Company. Nothing in this Agreement shall be construed to create an employment relationship between the parties.
As an independent contractor, Contractor shall not be entitled to any employee benefits, including but not limited to: health insurance, workers' compensation, unemployment insurance, retirement benefits, paid leave, or any other benefits that the Company provides to its employees. The Company will not withhold federal, state, or local income taxes, Social Security, or Medicare taxes from payments made to Contractor. Contractor is solely responsible for all tax obligations, including self-employment taxes, and shall receive an IRS Form 1099-NEC for compensation exceeding the applicable threshold.
Contractor agrees to provide delivery services for food orders placed through the DonutDash platform. Services include picking up orders from participating donut shops and other food establishments, and delivering them to customers at designated locations in a timely and professional manner.
Contractor retains full discretion over when, where, and how long they choose to make themselves available on the DonutDash platform. Contractor may accept or decline any delivery request without penalty.
Contractor shall be compensated on a per-delivery basis. Compensation for each delivery consists of:
The Company reserves the right to modify the compensation structure at any time with reasonable notice to Contractor through the DonutDash platform.
Contractor is solely responsible for all expenses incurred in the performance of delivery services, including but not limited to: the cost and maintenance of a personal vehicle, gasoline, tolls, parking, mobile phone and data plan, and any other expenses related to the delivery services. The Company shall not reimburse Contractor for any such expenses.
Contractor must maintain, at their own expense, the following at all times while performing delivery services:
Contractor agrees to provide proof of all required documentation upon request and to promptly notify the Company if any required license or insurance coverage lapses or is revoked.
This Agreement is non-exclusive. Contractor is free to provide delivery services or other services for other companies, platforms, or clients, including but not limited to DoorDash, UberEats, Grubhub, Instacart, and any other delivery or rideshare platforms. Nothing in this Agreement restricts Contractor from engaging in any other business activities.
Contractor acknowledges that, in the course of performing delivery services, they may have access to confidential information including customer names, addresses, phone numbers, order details, and other personal information. Contractor agrees to:
Either party may terminate this Agreement at any time, with or without cause, and with or without notice. Upon termination, Contractor shall cease all use of the DonutDash platform and return or destroy any Company property or confidential information in their possession. The Company shall pay Contractor for all completed deliveries up to the date of termination.
Contractor agrees to indemnify, defend, and hold harmless the Company, its officers, directors, employees, and agents from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or related to: (a) Contractor's performance of delivery services; (b) any breach of this Agreement by Contractor; (c) any accident, injury, or property damage caused by Contractor during the performance of delivery services; or (d) Contractor's failure to comply with applicable laws and regulations.
This Agreement shall be governed by and construed in accordance with the laws of the State of Texas, without regard to its conflict of laws principles. Any disputes arising under this Agreement shall be resolved in the courts located in Smith County, Texas.
This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior agreements, understandings, negotiations, and discussions, whether oral or written. This Agreement may be amended only by a written instrument signed by both parties or by the Company providing updated terms through the DonutDash platform.
For questions about this Agreement, please contact: