BoatBites Drivers Agreement
Last Update: October 16, 2025
BOATBITES DRIVER ELECTRONIC SIGNATURE & CONSENT AGREEMENT
By continuing with this application and/or accepting deliveries on behalf of BoatBites Inc., you (“Driver”) acknowledge and agree to the following:
1. Consent to Electronic Signature and Delivery
You consent to enter into this Driver Agreement and any related documents electronically. You agree that your continued use of the BoatBites platform, including accepting deliveries, constitutes your electronic signature, and that such signature is legally binding under applicable law (including the U.S. E-SIGN Act and the Uniform Electronic Transactions Act).
2. Legally Binding Agreement
You acknowledge that:
- This electronic signature is equivalent to a handwritten signature,
- This Agreement and all related communications, notices, and agreements delivered electronically shall be valid, enforceable, and admissible in any legal proceedings,
- You have the right to receive and store a copy of this Agreement.
3. Withdrawal of Consent
Should you wish to withdraw your consent to electronic execution, you must notify BoatBites in writing at:
However, withdrawal of consent will result in termination of your eligibility to deliver on the BoatBites platform.
By continuing with the onboarding process or completing deliveries, you affirm that you have read, understood, and agreed to the terms of this Electronic Signature Agreement.
This Independent Contractor Agreement (“Agreement”) describes the rules, restrictions, and obligations that govern your provision of services through the BoatBites Platform (“Contracted Services”), as further described in section 3 below. This Agreement is between you, an independent contractor engaged in the business of performing the Contracted Services (“Driver”), and BoatBites. Inc. (“BoatBites”). Driver may enter this Agreement either as an individual sole proprietor or a corporate entity. This Agreement will become effective on the date it is accepted regardless of whether Driver is eligible to, or ever does, perform any Contracted Services. Acceptance of the Agreement and specific obligations, such as safety, insurance, and any other terms requiring acceptance or rejection shall be accomplished by checking the appropriate response in the BoatBites Driver Smartphone Application (“Driver App”). Any references to the masculine gender shall include the feminine gender and references to the feminine gender shall include the masculine. Instead of “him” or “her,” “they, them and their” shall serve as a pronoun/object for “Driver” where appropriate
- BY ACCESSING THIS DRIVER APP, DRIVER AGREES TO BE BOUND BY (1) THIS AGREEMENT, (2) THE BOATBITES DRIVER PRIVACY POLICY which can be found at https://boatbites.app/privacy-policy/ and/or https://boatbites.app/terms-of-service/ and is incorporated by reference herein and made part of this Agreement , (3) THE BOATBITES CONSUMER TERMS OF SERVICE, which can be found at https://boatbites.app/privacy-policy/ and/or https://boatbites.app/terms-of-service/ and is incorporated by reference herein and made part of this Agreement(4) THE SERVICE PROVIDER PLATFORM ACCESS POLICY, which can be found at https://boatbites.app/privacy-policy/ and/or https://boatbites.app/terms-of-service/ and is incorporated by reference herein and made part of this Agreement AND (5) THE ELECTRONIC SIGNATURE CONSENT AGREEMENT (above).
This Agreement may be terminated by either Party at any time with notice to the other. It may not be terminated while a Contracted Service is being performed.
RECITALS
BoatBites, Inc. (“BoatBites”) is a technology company that operates an online marketplace and services platform (the “BoatBites Platform”) through web-based applications, including a mobile application designed for Driver(s) (the “Driver App”). The BoatBites Platform facilitates the exchange of goods and services between independent contractors, businesses, and consumers.
The BoatBites Platform allows individuals and businesses (“Consumers”) to place orders for goods and services from participating restaurants and other local vendors (“Vendors”). Once an order is placed, the BoatBites Platform alerts Drivers of a potential service opportunity, referred to herein as a Contracted Service Opportunity (as defined in Section 3.1 below). The Platform then facilitates the fulfillment of the Contracted Service Opportunity(ies) between Drivers, Vendors, and Consumers.
BoatBites does not operate as a restaurant, delivery service, courier, or food preparation business.
Driver is an independent provider of delivery and related services (“Contracted Services”), authorized to conduct such services in the jurisdiction(s) where they operate, The Driver certifies that they possess and/or have access to all necessary equipment, tools, and personnel required to perform the Contracted Services in compliance with applicable local, state, and federal laws.
The Driver desires to enter into this Agreement to have the opportunity to receive Contracted Service Opportunities through the BoatBites Platform. The Driver understands and expressly agrees that they are an independent contractor, responsible for all aspects of operating their business, including, but not limited to any and all benefits, and taxation, and compliance as an employer with all state, local, and federal laws. Driver is not an employee of BoatBites, or a parent, sudidiary, or affiliated entity of any kind with BoatBites, nor of any Vendor, Consumer, or other third party using the BoatBites Platform, and shall not hold themselves out to be an employee.. All services are performed on behalf of the Driver and not on behalf of BoatBites. Driver understands that: (i) they are free to select the times they wish to be available on the BoatBites Platform to receive Contracted Service Opportunities; (ii) they are free to negotiate their earnings by, among other things, accepting or rejecting the Contracted Service Opportunities presented through the BoatBites Platform, and can make such decisions to maximize their opportunity to profit; and (iii) they have the sole right to control the manner in which Contracted Services are performed with the sole exception they must be performed, lawfully, on a personal watercraft, within the permissible operating limits and under the terms and conditions of this Agreement, and those Contracted Services are completed in accordance with applicable laws.
In consideration of the above, as well as the mutual promises described herein, BoatBites and Driver (collectively, “the Parties”) agree as follows:
- PURPOSE OF THE AGREEMENT1.1 This Agreement governs the relationship between BoatBites and Driver and establishes the Parties’ respective rights and obligations. In exchange for the promises contained in this Agreement, Driver will have the opportunity to receive Contracted Service Opportunities through the BoatBites Platform and Driver agrees to perform the Contracted Services for any Contracted Service Opportunities they choose to accept. However, nothing in this Agreement requires Driver to perform any particular volume of Contracted Services, and nothing in this Agreement guarantees Driver will receive any volume of Contracted Service Opportunities or other business through the BoatBites Platform.1.2 Driver is not obligated to accept or perform any particular Contracted Service Opportunity offered through the BoatBites Platform. However, once a Contracted Service Opportunity is accepted, Driver shall be contractually bound to complete the Contracted Services in accordance with all Consumer and Vendor specifications and the terms of this Agreement.
- DRIVER’S OPERATIONS2.1 Driver represents that they operate an independently established business entity that provides services, and that they satisfy all legal requirements and have all necessary licenses, certificates, permits, and insurance necessary to perform the Contracted Services. As an independent business entity, Driver is solely responsible for determining how to operate their business and how to perform the Contracted Services.2.2 Driver agrees that all information they provide to BoatBites or through the BoatBites Platform will be true and accurate and that they will promptly inform BoatBites if any information changes.2.3 Driver agrees to fully perform the Contracted Services in a timely, efficient, safe, and lawful manner. BoatBites has no right to, and shall not, control the manner, method, or means Driver chooses to perform the Contracted Services. Instead, Driver shall be solely responsible for determining the most effective, efficient, and safe manner to perform the Contracted Services, including, as applicable, determining the manner of pickup, , delivery, navigation, and route selection.2.4 As an independent business entity, Driver retains the right to perform services (whether services similar to the Contracted Services or other services) with or for other businesses and/or other consumers, and Driver represents that they advertise and hold themselves out to the general public as a separately established business. The parties recognize that they are or may be engaged in similar arrangements with other businesses to supply services similar or identical to the Contracted Services. Nothing in this Agreement prevents Driver or BoatBites from doing business with others. BoatBites does not have the right to restrict Driver from performing services for Driver’s own business, other businesses, consumers, or any other third parties at any time, even if such business directly competes with BoatBites and even during the time Driver is logged into the BoatBites Platform so long as performing such services does not otherwise violate this Agreement. Driver’s right to compete with BoatBites or perform services for businesses that compete with BoatBites will survive even after termination of this Agreement.
2.5 Driver is not required to purchase, lease, or rent any products, equipment, or services from BoatBites as a condition of receiving Contracted Service Opportunities through the BoatBites Platform or entering into this Agreement. To the extent Driver decides to fulfill the insurance requirements of Paragraph 11 of this Agreement through purchase of insurance made available through the BoatBites Drivers’ Insurance Pool, the purchase of insurance from that Pool is not mandatory so long as the insurance requirements and limits of Paragraph 11 are otherwise met.
2.6 Driver shall not operate the personal watercraft in the performance of Contracted Services without the insurance required by Paragraph 11 activated, nor shall it operate the personal watercraft for any activities other than BoatBites Contracted Services while insurance from the BoatBites Driver’s Insurance Pool is activated.
2.7 The Driver agrees to immediately notify BoatBites in writing at help@BoatBites.app if the Driver’s right to control the manner or method they use to perform Contracted Services differs from the terms contemplated in this section 2.
2.8 When signing up to be a user of the BoatBites Platform, Driver’s information will be used to create an account. Driver may not create multiple Driver App accounts.
2.9 By entering this Agreement, Driver also agrees to be bound by the BoatBites Consumer Terms of Service and acknowledges that any breach of the BoatBites Consumer Terms of Service will be considered a breach of this Agreement. However, to the extent that this Agreement and the BoatBites Consumer Terms of Service may conflict, the terms of this Agreement shall take precedence.
2.10 Driver acknowledges that Driver may be offered third-party opportunities to perform Contracted Services outside the BoatBites Platform by entities other than BoatBites and that BoatBites is not in any way responsible, supportive, or has any interest in these additional terms, actions, and third-party opportunities While performing any third-party opportunities, the Driver is not performing Contracted Services for BoatBites and shall not perform the third-party service and BoatBites Contracted Services simultaneously. Driver jeopardizes insurance coverage under the BoatBites Driver Insurance Pool while performing anything other than BoatBites deliveries opportunities. If Driver has elected to provide their own insurance, outside the BoatBites Drivers’ Insurance Pool, the terms and conditions of that policy may apply to the third-party service. To the extent that any such terms and conditions conflict with this Agreement, the terms of this Agreement shall take precedence.
2.11 Driver acknowledges that when engaging with the BoatBites Platform on a mobile device, data usage rates, by the Driver’s carrier or others may apply, and for which BoatBites shall not be responsible.
2.12 To prevent unauthorized access to Driver’s account and to prevent unauthorized use of Personal Information (as defined in section 5.1) and the BoatBites Platform, Driver agrees to protect and keep confidential all Personal Information and their email, phone number, password, and/or other means of accessing their account via the BoatBites Platform by implementing appropriate technical and organizational measures. Driver acknowledges that unauthorized use of Driver’s account, email, phone number, password, or other means of accessing their account could lead to financial loss and access to Driver’s sensitive personal and account information. If the Driver discloses (or otherwise allows to be made known) their account information, user ID, password, or other means of accessing their account to any person or entity, the Driver assumes all risks and losses associated with such disclosure. If the Driver believes someone may attempt to use or has accessed the Driver’s account without the Driver’s permission or that any other unauthorized use or security breach has occurred, the Driver agrees to notify BoatBites at help@BoatBites.app immediately. If unauthorized disclosure occurs, whether voluntary or negligently, Driver agrees to Defend, Indemnify, and Hold BoatBites harmless for such disclosure.
2.13 Drivers shall always ensure that they use the most up-to-date version of the Driver App available, have a mobile device capable of reliably running the most up-to-date version of the Driver App, and not intentionally block or attempt to bypass any automatic Driver App updates.
2.14 From time-to-time, BoatBites may invite Drivers to participate in sessions to test new features or services within or related to the BoatBites Platform. Driver shall keep confidential all information learned or obtained during such sessions and shall not disclose such information to anyone without BoatBites’ express written consent.
- CONTRACTED SERVICES3.1 The BoatBites Platform may occasionally notify Drivers about the chance to perform Contracted Services based on orders placed by Consumers or Vendors through the Platform (referred to as “Contracted Service Opportunities”). By logging into the Driver App and selecting the “Online” status, the Driver indicates their availability to receive these Contracted Service Opportunities, which they can accept or reject at their discretion.3.2 For each accepted Contracted Service Opportunity involving the pickup and delivery of one or more Items from Vendors to Consumers (“Delivery Service Opportunity”), the Driver agrees to:
– (i) proceed to the Vendor(s) as specified,
– (ii) retrieve the Item(s) safely and promptly,
– (iii) perform the Delivery Service Opportunity accurately according to the instructions, specifications, or guidelines provided by the Consumer, Vendor, or any other requesting party with authority to do so, and
– (iv) deliver the Item(s) to the designated Consumer(s) in a safe and timely manner, without altering the quality or presentation of the Item(s), and while adhering to all relevant laws and food safety, quality, and health standards required by the Vendor(s) and/or applicable law.A Delivery Service Opportunity is considered complete once all Items have been delivered to the Consumer(s), or, if applicable, placed in a designated area as instructed by the Consumer and the Driver has confirmed completion of a Delivery Service Opportunity/Contracted Service on the Driver App. The Driver must confirm the completion of a Delivery Service Opportunity by marking each Delivery Service Opportunity as completed in the Driver App promptly upon delivery. Any costs associated with a failure to promptly mark the Delivery Service Opportunity as completed, including insurance costs accrued from the BoatBites Drivers’ Insurance Pool in excess of those necessary to complete the Delivery Service Opportunity, shall be borne by Driver.If the Consumer is unavailable, the Delivery Service Opportunity will only be deemed complete if the Driver:
– (i) makes reasonable efforts to contact the Consumer and waits a reasonable time as specified in the Driver App; and
– (ii) either disposes of the Item(s) in an appropriate refuse receptacle or returns the Item(s), if required, as indicated in the Delivery Service Opportunity at the time of offer.Under no circumstances may the Driver retain or consume the Item(s).
3.3 The Driver understands and agrees that the terms of each Contracted Service Opportunity are determined by the Consumer and/or Vendor, not BoatBites. These terms represent the desired outcome, not the means to achieve it. The Driver has the right to cancel a Contracted Service at their reasonable discretion and business judgment. However, the Driver agrees to maintain a satisfactory customer rating and completion rate as defined in the provided link. Failing to meet these requirements constitutes a material breach of this Agreement and may result in the termination or deactivation of the Driver’s account. The Driver shall not attempt to induce any Consumer or Vendor to cancel a Contracted Service.
3.4 The Driver acknowledges that BoatBites has sole discretion over whether, when, and which Contracted Service Opportunities are offered to the Driver, just as the Driver has sole discretion over whether to accept them.
3.5 The Driver warrants that they operate an independent business separate from BoatBites.
3.6 The Driver authorizes BoatBites, during the course of any Contracted Service, to communicate with the Driver, Consumers, and Vendors and to facilitate direct communication between the parties to support the performance of the Contracted Services. However, BoatBites shall not control how the Driver performs the Contracted Services.
3.7 BoatBites requires that the Driver use a personal watercraft (PWC) without a propeller. Examples include Yamaha Waverunner, Jet Ski, and Sea-Doo. Drivers may use any brand or quality of watercraft, as long as it uses jet propulsion only. Propeller-powered watercraft are strictly prohibited and could be cause for denial of insurance coverage for any incident that might otherwise be covered under coverage under the BoatBites Drivers’ Insurance Pool.
3.8 The Driver agrees to immediately stop providing services through the BoatBites Platform if they are unable to operate a jet-propulsion watercraft. This restriction is in place for safety and insurance reasons, to protect swimmers and others in the water.
3.9 The Driver acknowledges that they do not have a supervisor or manager at BoatBites and are not required to report to anyone.
3.10 The Driver is not required to display BoatBites signage or branding on their watercraft or person during the performance of Contracted Services.
3.11 BoatBites has no control over the Driver’s personal appearance.
3.12 The Driver does not receive performance evaluations from BoatBites.
3.13 If the Driver fails to fully perform a Contracted Service according to the instructions provided by the Consumer, Vendor, or this Agreement ( “Service Failure”), they may forfeit all or part of the agreed fee. In the event of a dispute regarding a Service Failure, the matter shall be resolved under the “Payment Disputes” provision below.
3.14 The Driver must comply with all applicable BoatBites policies and guidelines as communicated or updated from time to time.
3.15 The Driver agrees to immediately notify BoatBites in writing by submitting a support inquiry of any accident, incident involving another boater or swimmer, damage to property, or contact with a law enforcement official that results in the Driver receiving a citation within four (4) hours of the incident via email, text, or the Driver’s application.
3.16 The Driver agrees not to carry passengers, additional fuel tanks, or other dangerous materials while performing contracted services for BoatBItes.
- CONTENT4.1 Parts of the BoatBites Platform enable Driver to provide feedback, text, photos, audio, video, information, and other content to BoatBites (collectively, “Content”). By providing Content, in whatever form and through whatever means, Driver agrees to the BoatBites Content and Likeness Consent Release and grants BoatBites a non-exclusive, worldwide, royalty-free, irrevocable, perpetual, sub-licensable and transferable license to copy, modify, prepare derivative works of, distribute, publish and otherwise exploit, that Content, without limitation. To the extent permitted by law, Driver waives its Moral Rights (as defined under applicable law) with respect to any Content Driver creates or contributes and Driver unconditionally and irrevocably consents to BoatBites (and all persons authorized by BoatBites) (i) exercising any of the rights of an owner of copyright in the Content without attribution to Driver as the author or by attributing ownership to another person and (ii) to using, reproducing, dealing with, modifying, doing, or omitting to do, anything which would infringe or breach Driver’s Moral Rights in the Content. Driver irrevocably waives and agrees not to enforce any Moral Rights they may have in the Content. If Content includes personal information, BoatBites’ Driver Privacy Policy describes how BoatBites uses that personal information. Where BoatBites pays for the creation of Content or facilitates its creation, BoatBites may own that Content, in which case supplemental terms or disclosures will say that. Driver is solely responsible for all Content that Driver provides and warrants that Driver either owns it or is authorized to grant BoatBites the rights described in this Agreement. Driver is responsible and liable if any of Driver’s Content violates or infringes the intellectual property or privacy rights of any third party. Content that is, among other things, discriminatory, obscene, harassing, deceptive, violent, or illegal is prohibited, and Content must comply with all applicable BoatBites policies, including but not limited to the BoatBites Social Media Guidelines as posted on the BoatBites website (or you may request them at info@BoatBites.app. Driver agrees that BoatBites may make available services or automated tools to translate Content and that Driver’s Content may be translated using such services or tools.4.2 Driver is prohibited from recording Vendors and Consumers in any medium whatsoever, including photographs or videos or audio without the expressed recorded or written consent of the subject of the recording. If a recording is otherwise authorized, the permission of the subject must be obtained from the subject either in writing or in the video or audio itself.
- PRIVACY OF PERSONAL INFORMATION5.1 Driver may only process personal information (as that term is defined under applicable privacy laws) obtained in connection with the Contracted Services (“Personal Information”) in compliance with the terms of this Agreement and only for the limited and specified business purpose of providing the Contracted Services. Driver shall comply with applicable privacy laws and provide the level of privacy protection for Personal Information as is required by those laws. Driver shall not sell or share Personal Information. Driver shall not (a) retain, use or disclose Personal Information (i) for any purpose other than the business purpose of providing the Contracted Services or (ii) outside of the direct business relationship between BoatBites and Driver; or (b) combine Personal Information received in connection with the Contracted Services with personal information received from or on behalf of another person(s), or collected from Driver’s own interactions with individuals, unless permitted by applicable privacy laws. Driver certifies that they understand and will comply with these requirements and restrictions.5.2 Personal Information and Privacy Compliance Driver agrees to process Personal Information only for the duration of this Agreement or as otherwise instructed in writing by BoatBites. If Driver retains any Personal Information, they shall promptly delete an individual’s Personal Information from their records upon request by BoatBites.BoatBites may implement reasonable and appropriate measures to ensure that Driver handles Personal Information in a manner consistent with BoatBites’ obligations under applicable privacy and data protection laws. Driver shall promptly notify BoatBites if they determine that they are unable to meet their responsibilities regarding the handling of Personal Information or compliance with applicable privacy laws.Upon such notification, BoatBites may take any necessary and reasonable steps to stop and remediate any unauthorized or non-compliant use of Personal Information. Upon BoatBites’ reasonable request, Driver shall make available all relevant information necessary to demonstrate compliance with this Agreement and applicable privacy laws.
BoatBites reserves the right to monitor Driver’s compliance with this Section through reasonable means, including audits or inspections. Driver agrees to cooperate fully and contribute to any such audits or inspections, whether conducted by BoatBites or a third-party auditor designated by BoatBites.
5.3 Driver shall process Personal Information only for the duration of this Agreement, or until otherwise instructed by BoatBites. To the extent Driver maintains any Personal Information, Driver shall promptly delete a particular individual’s Personal Information from Driver’s records upon request by BoatBites. BoatBites may take any reasonable and appropriate steps to ensure that Driver uses Personal Information in a manner consistent with BoatBites’ obligations under applicable privacy laws. Driver shall promptly notify BoatBites if Driver determines that they can no longer meet their obligations pertaining to Personal Information or applicable privacy laws. Upon notice to Driver, BoatBites may take any reasonable and appropriate steps to stop and remediate the unauthorized use of Personal Information. Upon BoatBites’ reasonable request, Driver shall make available to BoatBites all information in Driver’s possession necessary to demonstrate Driver’s compliance with its obligations under this Agreement and applicable privacy laws. BoatBites shall have the right to monitor Driver’s compliance with this Agreement through any measures deemed appropriate by BoatBites. Driver shall allow for and contribute to audits, including inspections, conducted by BoatBites or another auditor designated by BoatBites.
- RELATIONSHIP OF PARTIES6.1 The parties acknowledge and agree that this Agreement is between two co-equal, independent business entities that are separately owned and operated. The parties intend this Agreement to create solely the relationship of independent contracting parties. This is not an employment agreement, and the parties are not employees, agents, joint venturers, or partners of each other for any purpose. Neither party shall have the right to bind the other by contract or otherwise except as specifically provided in this Agreement (including section 22).6.2 BoatBites shall not have the right to, and shall not, control the manner or the method of accomplishing Contracted Services to be performed by Driver. The parties acknowledge and agree that those provisions of the Agreement reserving ultimate authority in BoatBites have been inserted solely for the safety of Consumers, Vendors, and other contractors using the BoatBites Platform or to achieve compliance with federal, state, provincial, or local laws, regulations, and interpretations thereof.6.3 BoatBites shall report all payments made to Driver on a calendar year basis using an appropriate IRS Form 1099, or form required under the law of Canada, New Zealand, or Australia, respectively, if the volume of payments to Driver qualifies for such reporting. Driver agrees to report all such payments and any cash gratuities to the appropriate federal, provincial, and local tax authorities, as required by law. Where required by law, Driver understands and agrees to remit all required payments to the appropriate federal, provincial, and local tax authorities. Driver agrees that they are solely responsible for their own taxes, benefits, healthcare, licenses, and operating costs and shall not seek reimbursement of any kind from BoatBites for these items and agrees to defend, indemnify, and hold BoatBites harmless for any sums sought against BoatBites arising from the BoatBites-Driver contractual relationship by third-parties, including, but not limited to, federal, state, and local authorities.
- PAYMENT FOR SERVICES7.1 Payment TermsUnless a different rate of fee is separately negotiated or the Driver is otherwise notified in writing by BoatBites, the Driver will be paid for each fully completed Contracted Service in accordance with BoatBites’ standard pay model (the “Payment Model”).
Under the current BoatBites Pay Model, the Driver will receive:
- $15.00 for each completed delivery; and
- 100% of all tips provided by the Consumer.
BoatBites does not retain any portion of tips. All tips provided by the Consumer are passed-through directly to the Driver.
BoatBites reserves the right to adjust or withhold all or part of any payment if it reasonably believes that the Driver has engaged in fraud, abuse, or attempted fraud or abuse of the BoatBites Platform.
From time to time, BoatBites may offer Drivers the opportunity to earn additional compensation for completing Contracted Services during certain hours or in specific geographic areas. These opportunities are voluntary, and the Driver is free to accept or decline them.
BoatBites may update or modify the Pay Model at its sole discretion. However, any such changes will be communicated to the Driver within the Driver App or through other written notice, and will apply only to Contracted Services accepted by the Driver after such notification. The Driver will have the opportunity to review any updated Payment Model prior to accepting a new Contracted Service Opportunity.
Nothing in this Agreement prevents BoatBites and the Driver from negotiating a different rate of fee by mutual agreement.
7.2. Gratuities
The BoatBites Platform allows Consumers to add a gratuity intended for the Driver, which may be paid electronically through the Platform. Consumers may also choose to provide gratuities in cash directly to the Driver or through other platforms such as credit card, VENMO, or Zelle.
The Driver shall retain 100% of any gratuity provided by a Consumer, regardless of the method of payment—whether cash, credit card, or other means. BoatBites does not take, reduce, or withhold any portion of gratuities and expressly acknowledges that it has no right to interfere with the amount or transfer of any gratuity given by a Consumer to a Driver.
For the sole purpose of determining the fairness of fees paid to Drivers for the performance of Contracted Services and to help BoatBites assess the marketplace for the purposes of evaluating the willingness of Consumers to pay for the Contracted Services and for attracting Drivers to perform Contracted Services, BoatBites may confidentially inquire about the average amounts of gratuities earned by Drivers for Contracted Services on a monthly basis in particular jurisdictions. Participation by Drivers in this endeavor is completely voluntary.
7.3. Payment Processing via Stripe
For transactions where a Consumer or Vendor makes payment through the BoatBites Platform, BoatBites uses Stripe, Inc. (“Stripe”) as its third-party payment processor. BoatBites will submit payments to Stripe for processing and disbursement to the Driver for completed Contracted Services, including any applicable gratuities paid through the Platform.
Drivers can access and manage their payment preferences—including available payout options such as standard direct deposit or Instant Payouts—via the BoatBites Driver App or dashboard. Eligibility for specific payout features is subject to Stripe’s terms, conditions, and verification procedures. By electing to use Instant Payout or any other payment feature, Driver agrees to be bound by all applicable terms and conditions of the Stripe Services Agreement (available at https://stripe.com/legal).
Driver is solely responsible for ensuring the accuracy of their linked bank account or debit card information. BoatBites is not liable for delays or lost payments due to incorrect or outdated payment details provided by the Driver.
7.4. Stripe as Third-Party Payment Processor
By accepting this Agreement, Driver acknowledges and agrees that BoatBites satisfies its payment obligations to Driver by initiating a payout through Stripe for the amounts due for completed Contracted Services. Once BoatBites funds and directs payment to Stripe, any failure, delay, or error in disbursement by Stripe shall be the responsibility of the Driver to resolve directly with Stripe.
7.5 By agreeing to any separate contract with a third party to process payments owed under this Agreement to Driver, Driver agrees that BoatBites shall discharge its payment obligations to Driver by funding the amounts payable and directing the third-party processor to pay such funded amounts to Driver. After BoatBites funds and directs payment, any failure or refusal by the third-party processor to issue payment to Driver shall be the responsibility of Driver to resolve.
7.6 From time to time, BoatBites may offer various promotions or referral programs. These promotional or referral programs are not meant to infer an employment relationship or any other type of relationship between the parties other than that set forth herein. Driver agrees that they will not manipulate or abuse any such promotion or referral programs by, among other things: (a) tampering with the location feature on their mobile phone; (b) collecting incentive or promotional pay when not eligible to receive such pay under relevant policies; or (c) creating multiple contractor or consumer accounts. Driver understands that engaging in this type of manipulation or abuse constitutes a material breach of this Agreement and may lead to deactivation of their account.
- PAYMENT DISPUTES
8.1 Driver’s Failure. In the event there is a failure of cellular service or equipment (“Service Failure”), Driver shall not be entitled to payment as described above (as determined in BoatBites’ reasonable discretion). Any withholding of payment shall be based upon evidence provided by the Consumer, Vendor, Driver, and/or any other party with information relevant to the dispute. BoatBites shall make the initial determination as to whether a Service Failure was the result of Driver’s action or omission. Driver shall have the right to challenge BoatBites’ determination through any legal means contemplated by this Agreement; however, Driver shall first notify BoatBites in writing at help@BoatBites.app of the challenge and provide BoatBites the opportunity to resolve the dispute. Driver should include any documents or other information in support of their challenge.
8.2 BoatBites’ Failure. In the event BoatBites fails to remit payment in a timely or accurate manner, except as provided in section 7.5, Driver shall have the right to seek proper payment by any legal means contemplated by this Agreement and, should Driver prevail, shall be entitled to recover reasonable costs incurred in pursuing proper payment; provided, however, Driver shall first inform BoatBites in writing at help@BoatBites.app of the failure and provide BoatBites a reasonable opportunity to cure it.
- EQUIPMENT AND EXPENSES
9.1 Driver represents that they have or will lawfully acquire all equipment, including watercraft and food and drink thermal bags/coolers, necessary to perform Contracted Services (“Equipment”), and Driver is solely responsible for ensuring that any watercraft used to perform Contracted Services conforms to all watercraft laws pertaining to registration, safety, equipment, inspection, and operational capability.
9.2 Driver agrees that they are responsible for all costs and expenses arising from their performance of Contracted Services, including, but not limited to, costs related to Driver’s Personnel (defined below) and Equipment. Typical expenses may include, but are not limited to, watercraft maintenance, fuel, fines or penalties, dockage fees, and mobile device costs and fees (including applicable text messaging or data rates determined by Driver’s carrier). Except as otherwise required by law, Driver assumes all risk of damage or loss to their Equipment and the property and equipment of third-parties.
- DRIVER REQUIREMENTS
10.1 In order to perform any Contracted Services, Driver must, for the safety of the BoatBites Platform, pass a motor vehicle records check and identity verification administered by third-party vendors, subject to the Driver’s lawful consent. Driver is required to perform any Contracted Services personally and may not hire or engage others (as employees or subcontractors of Driver) to perform all or some of the Contracted Services.
10.2 Driver must have and maintain these minimum motor vehicle requirements:
- Must be 21
- Must have driven a car for at least 3 years
- No moving violations in the last 3 years
- No Accidents in the previous five years
- No DUIs ever
- No license suspensions ever
10.3 As a condition precedent to entering this Agreement with BoatBites, Driver must have, and maintain, throughout the duration of this Agreement, a valid Boater’s license, Boating Safety Education Identification Card, or any other documents, credentials or certificates necessary to legally operate a personal watercraft within the jurisdiction(s) the Driver is providing Contracted Services (“Required Driver Document”) , and must supply a copy of the Required Driver Document to BoatBItes.
10.4 Driver assumes full and sole responsibility for the payment of all amounts due for Contacted Services performed in relation to this Agreement, including all wages, benefits, holiday pay, taxes, fuel, maintenance, registration of the personal waterfcrat, and all expenses, if any, and for all required state, provincial, and federal income tax withholdings, applicable goods and services taxes (GST), insurance, duties or levies, unemployment insurance contributions, and social security taxes as to Driver in the performance of Contracted Services. BoatBites is not an employer or joint employer of Driver and shall have no responsibility for any wages, benefits, expenses, or other payments due Driver, nor for income tax withholding, social security, unemployment insurance contributions, or other payroll taxes relating to Driver. Driver shall not receive any wages, including vacation pay or holiday pay, from BoatBites, nor shall they participate in or receive any other benefits, if any, available to BoatBites’ employees.
10.5 Unless mandated by law, BoatBites shall have no authority to withhold state, provincial, or federal income taxes, social security taxes, unemployment insurance taxes/contributions, or any other local, state, provincial, or federal tax on behalf of Driver.
10.6 Driver shall not be required to wear a uniform or other clothing of any type bearing BoatBites’ name or logo.
- INSURANCE
11.1 Driver, at their own expense, shall at all times during the term of this Agreement maintain current insurance in amounts and of types required by this Agreement, and by law, if any, to provide the Contracted Services and cover Driver and damage to third-parties during performance of the Contracted Services. Driver acknowledges that failure to secure or maintain satisfactory insurance coverage shall be deemed a material breach of this Agreement and grounds for termination of the Agreement and the loss of Driver’s right to receive Contracted Service Opportunities. Driver may either secure their own insurance meeting the Minimum Insurance Requirements set forth in 11.2, below; or may opt to purchase insurance from the BoatBites Drivers’ Insurance Pool (the “Pool”), an independent pool of insurance Underwritten by Aspen American Insurance Company, by choosing that option at the end of this Section 11.
a. The Driver has the option of purchasing insurance that meets the Minimum Insurance Requirements in 11.2 (below) independently, or through the BoatBites Drivers’ Insurance Pool for $5 per day, which will be deducted from their first delivery on the day they sign on to the BoatBItes application.
11.2 Minimum Insurance Requirements:
a. Insurance must be issued by an A-rated carrier (AM Best).
b. Policy must be active with no lapse in coverage;
c. Minimum Liability Limits are at least $100.000 in liability protection and indemnity coverage;
d. Policy must include BoatBites to be named as an Additional Insured.
e. The Policy must waive subrogation in favor of BoatBites, Inc.
f. Policy must explicitly allow commercial/business use of the personal watercraft being utilized by Driver in performance of this Agreement.11.3 Driver must Provide:
a. Full legal name of Driver
b. Age of Driver
c. Driver’s License number and state of issuance
d. Insurance Policy Details (and a copy of the Policy if it is not a policy from the BoatBites Drivers’ Insurance Pool).
e. Copy of current Required Driver Document (if any):11.4 Notification of Coverage. Driver agrees to deliver to BoatBites, upon request, current certificates of insurance as proof of coverage. Driver agrees to provide updated certificates each time Driver purchases, renews, or alters Driver’s insurance coverage. Driver agrees to give BoatBites at least thirty (30) days’ prior written notice before cancellation of any insurance policy required by this Agreement.
11.5 Workers’ Compensation/Occupational Accident Insurance. Driver agrees that Driver will maintain sufficient insurance to cover any risks or claims arising out of or related to Driver’s relationship with BoatBites, including workers’ compensation insurance where required by law. Driver acknowledges and understands that, unless otherwise required by law, Driver will not be eligible for workers’ compensation benefits through BoatBites and is instead responsible for maintaining their own workers’ compensation insurance, medical insurance (if they wish to be covered) and occupational accident insurance.
11.6 Driver’s Cooperation. For the purpose of assisting with BoatBites’ compliance with insurance obligations, Driver agrees to notify BoatBites and/or their carrier of any purported occurrence, dispute, incident or accident (“Event”) while logged into the Driver App and/or any Event that took place immediately before or after logging in or out of the Driver App within 24 hours of the Event, where practicable. Driver agrees to provide any cooperation and assistance that may be requested by a representative or agent of the applicable insurance carrier in relation to any Event while Driver is logged into the Driver App, including any investigation into the moments leading up to or immediately after the subject Event. In the event a Driver suffers any medical event (e.g., stroke or unexplained loss of consciousness) or commits any act that may be grounds for denial of coverage under the BoatBites Drivers’ Insurance Pool, including but not limited to Driving under the Influence, or any moving violations for speeding or recklessness, Driver must notify Driver@BoatBites.app in writing immediately.
- COMMUNICATIONS
12.1 By executing this Agreement, Driver expressly agrees: (a) to accept and receive communications from or on behalf of BoatBites and its corporate affiliates, Vendors, partners, or other third parties providing services to Driver or to or on behalf of BoatBites, including communications via email, SMS/text message, direct message, chat, calls, and push notifications to the contact information that Driver provides in connection with Driver’s relationship or interaction with BoatBites and/or its corporate affiliates, and (b) that SMS/text messages and calls (including pre-recorded/automated message calls) may be delivered to Driver’s phone or device including via an automatic telephone dialing system. The communications may include, without limitation, commercial or marketing messages; transactional or relationship messages (e.g., messages about Contracted Services, security, responses to communications initiated by Driver, earnings for Contracted Services, updates to policies/legal agreements (e.g., privacy policies, terms of service)); newsletters; research; and customer support. The communications may be sent regardless of whether Driver has performed any Contracted Services (e.g., if Driver has started but not completed signing up to be a Driver). Driver acknowledges that receiving commercial or marketing messages (e.g., emails, SMS/text messages, push-notifications) or calls is not a requirement or condition for Driver to perform or engage in the Contracted Services. Message and data rates may apply and message frequency may vary. If there are changes to Driver’s contact information (e.g., email address, phone number), Driver agrees to update Driver’s account to help prevent or limit BoatBites inadvertently communicating with someone else.
12.2 The opt-out options for communications are set forth below. If Driver opts-out of receiving communications via one medium (e.g., email, SMS/Text message) that opt-out will only apply to the specific medium for which the opt-out is submitted (e.g., if Driver opts-out of receiving email communications, it will not apply to SMS/text messages that BoatBites may send). Please see the following for more information:
a. For email communications that permit an opt-out (e.g., commercial/marketing messages), there is an opt-out mechanism in the messages. For certain transactional or relationship email messages (e.g., messages about Contracted Services, security, responses to communications initiated by Driver, earnings for Contracted Services, updates to policies/legal agreements (e.g., privacy policies, terms of service)) the only opt-out option is to delete Driver’s account.
b. For SMS/text messages, Driver can opt-out of receiving all non-transactional SMS/text messages (e.g., commercial/marketing messages) from BoatBites by replying “STOP” to a message or sending “STOP” to #####. To opt-out of transactional SMS/text messages, the only option is to delete Driver’s account. If Driver opts-out, BoatBites may send a one-time SMS/text message confirming the opt-out.
c. For phone calls, Driver can submit a request to be added to BoatBites’ internal do not call list by making the request during the call or contacting BoatBites Support at help@BoatBites.app.
d. For promotional push notifications, Driver can toggle or slide off these notifications in the Driver App.
12.3 For support or help, Driver can contact BoatBites Support at help@BoatBites.app. For more information about BoatBites’ practices, contact information, and opt-out options, Driver may review the BoatBites Privacy Policy.
12.4 SMS Terms & Conditions
- SMS Consent Communication:
The information (Phone Numbers) obtained as part of the SMS consent process will not be shared with third parties for marketing purposes. - Types of SMS Communications:
If you have consented to receive text messages from BoatBites, you may receive messages related to:- Orders
- Follow-up messages
- Billing inquiries
- Updates
- Coupons
- Special events
- Message Frequency:
Message frequency may vary depending on the type of communication. For example, you may receive up to 4 weekly SMS messages related to membership/order updates. - Potential Fees for SMS Messaging:
Please note that standard message and data rates may apply depending on your carrier’s pricing plan. These fees may vary if the message is sent domestically or internationally. - Opt-In Method:
You may opt-in to receive SMS messages from BoatBites in the following ways- By submitting an online form
- Opt-Out Method:
You can opt out of receiving SMS messages at any time. To do so, reply “STOP” to any SMS message you receive. Alternatively, you can contact us directly to request removal from our messaging list. - Help:
If you are experiencing any issues, you can reply with the keyword HELP. Or, you can get help directly from us at support@boatbites.app - Standard Messaging Disclosures:
- Message and data rates may apply.
- You can opt-out at any time by texting “STOP.”
- For assistance, text “HELP” or visit our Privacy Policy and Terms and Conditions pages.
- Message frequency may vary
- SMS Consent Communication:
- INDEMNITY
13.1 BoatBites agrees to indemnify, protect and hold Driver harmless from any and all claims, demands, damages, suits, losses, liabilities and causes of action arising directly from the failure of the Driver App to perform as represented in writing or intellectual property IP infringement claims.
13.2 Driver agrees to indemnify, protect and hold BoatBites harmless, including all parent, subsidiary and/or affiliated companies, as well as its and their past and present successors, assigns, officers, owners, directors, agents, representatives, attorneys, and employees, from any and all claims, demands, damages, suits, losses, liabilities and causes of action arising directly or indirectly from, as a result of or in connection with, the actions of Driver and/or their Personnel arising from the performance of Contracted Services under this Agreement, including personal injury or death to any person (including to Driver and/or their Personnel), as well as any liability arising from Driver’s failure to comply with the terms of this Agreement. Driver’s obligations hereunder shall include the cost of defense, including attorneys’ fees, as well as the payment of any final judgment rendered against or settlement agreed upon by BoatBites or its parent, subsidiary, and/or affiliated companies.
13.3 Driver agrees to indemnify, protect and hold BoatBites harmless, including all parent, subsidiary, and/or affiliated companies, as well as its and their past and present successors, assigns, officers, owners, directors, agents, representatives, attorneys, and employees, from any and all tax liabilities and responsibilities for payment of all federal, state, provincial, and local taxes, including, but not limited to all payroll taxes, self-employment taxes, workers compensation premiums, and any contributions imposed or required under federal, state, provincial, and local laws, with respect to Driver.
13.4 Driver shall be responsible for, indemnify, and hold BoatBites harmless, including all parent, subsidiary, and/or affiliated companies, as well as its and their past and present successors, assigns, officers, owners, directors, agents, representatives, attorneys, and employees, from all costs of Driver’s business, including, but not limited to, the expense and responsibility for any and all applicable insurance, local, state, provincial, or federal licenses, permits, taxes, and assessments of any and all regulatory agencies, boards or municipalities.
- MUTUAL ARBITRATION PROVISION
14.1 Driver and BoatBites mutually agree to this Mutual Arbitration Provision, which is governed by the Federal Arbitration Act (9 U.S.C. §§ 1-16) (“FAA”) and shall apply to any and all disputes arising out of or relating to this Agreement, including but not limited to Driver’s classification as an independent contractor, Driver’s provision of Contracted Services to Consumers, Vendors, or other individuals or businesses, the payments received by Driver for providing services to Consumers, Vendors, or other individuals or businesses, the termination of this Agreement, and all other aspects of Driver’s relationship with BoatBites, past, present or future, whether arising under federal, state, or local statutory and/or common law, including without limitation harassment, discrimination or retaliation claims and claims arising under or related to the Civil Rights Act of 1964 (or its state or local equivalents), Americans With Disabilities Act (or its state or local equivalents), Age Discrimination in Employment Act (or its state or local equivalents), Family Medical Leave Act (or its state or local equivalents), Federal Credit Reporting Act (or its state or local equivalents), Telephone Consumer Protection Act (or its state or local equivalents), or Fair Labor Standards Act (or its state or local equivalents), state and local wage and hour laws, state, and local statutes or regulations addressing the same or similar subject matters, and all other federal, state or local claims arising out of or relating to Driver’s relationship or the termination of that relationship with BoatBites.
- All claims, disputes, and other matters in question arising out of, or relating to, this Agreement, or the breach thereof, including without limitation the applicability or enforceability of this Section 14, shall be decided by arbitration in accordance with the Commercial Arbitration Rules and Mediation Procedures of the American Arbitration Association (the “AAA”) then applicable unless the parties mutually agree otherwise. The venue of such arbitration shall lie in Tampa, Florida. Notice of the demand for arbitration shall be filed in writing with the other party and with the AAA and shall be made within 90 days after the dispute has arisen. Such arbitration shall be conducted by one (I) arbitrator mutually agreed upon by the parties hereto. If the parties cannot agree upon an arbitrator after receiving two lists of potential arbitrators from the AAA, then the AAA shall select the arbitrator. Except by written consent of the person or entity sought to be joined, no arbitration shall include by consolidation, joinder or in any other manner, any person or entity not a party to this Agreement, unless it is shown at the time the demand for arbitration is filed that (i) such person or entity is substantially identified in the Agreement or is involved in a common question of fact or law, (ii) the presence of such person or entity is required if complete relief is to be accorded in the arbitration, and (iii) the interest or responsibility of such person or entity in the matter is not insubstantial. The parties shall equally share the cost of any arbitration fees imposed by the AAA with respect to any arbitration commenced and conducted pursuant to this provision. The Parties agree that all contracts and agreements between the entities identified in Paragraph 14.2 of this Agreement shall contain an arbitration provision substantially similar to the provision set forth in this Section 14. The foregoing agreement to arbitrate shall be specifically enforceable under applicable state and federal laws relating to arbitration. The award rendered by the arbitrators shall be final, and judgment may be entered upon it in accordance with applicable law by any court having jurisdiction thereof. Any demand for arbitration hereunder shall in no event be made after the date when institution of legal or equitable proceedings based upon such claim, dispute or other matter in questions would be barred by the applicable statute of limitations. Unless otherwise agreed in writing or unless this Agreement is terminated in accordance with the terms hereof the Parties may, but are not compelled to, carry on the Contracted Services during any arbitration proceeding.
- Waiver of Jury Trial: In the event the arbitration agreement contained in this Agreement is deemed by a court of competent jurisdiction to be unenforceable to any extent or for any reason, then PARTIES HEREBY WAIVE ANY RIGHT EITHER MAY HAVE TO A TRIAL BY JURY IN ANY SUIT, ACTION, PROCEEDING, CLAIM OR COUNTERCLAIM BASED UPON THE AGREEMENT OR ARISING OUT OF, UNDER OR IN CONNECTION WITH THE PERFORMANCE OF CONTRACTED SERVICES, OR ANY COURSE OF CONDUCT, COURSE OF DEALING, STATEMENTS (WHETHER VERBAL OR WRITTEN), OR ACTIONS OF ANY PARTY HERETO.
- This Mutual Arbitration Provision extends to disputes between Driver and any BoatBites affiliates, officers, shareholders, subsidiaries, successors, related entities, agents, employees, contractors, subcontractors, insurers, reinsurers, licensees, assignees, vendors, and suppliers (including but not limited to Turn.ai, Checkr, Stripe, Apple, Google or any other third-party used to do motor vehicle record checks, and their affiliates) (“Related Third Parties”) that arise out of or relate to this Agreement or the BoatBites Platform. This Mutual Arbitration Provision is expressly intended to inure to the benefit of, and be enforceable by, the Related Third Parties. This Mutual Arbitration Provision also applies to claims brought by an association or organization of which Driver or BoatBites is a member, if the association’s or organization’s claims are asserted in a representative capacity, the association or organization seeks to redress harm allegedly suffered by Driver or BoatBites, or the claim would otherwise be covered by this Mutual Arbitration Provision if the claim were brought directly by Driver or BoatBites. The parties agree that upon learning of such claims brought by an association or organization, the parties must take all reasonable steps to move the dispute into arbitration, including, but not limited to (1) requesting that the party’s association or organization resolve the dispute in arbitration under this Mutual Arbitration Provision, and (2) informing the relevant court or tribunal of the existence of this Mutual Arbitration Provision and requesting the court or tribunal to compel arbitration. This Mutual Arbitration Provision does not apply to any claims that cannot be arbitrated under applicable law, including but not limited to individual claims of sexual assault or sexual harassment, after accounting for FAA preemption.
- The parties expressly agree that this Mutual Arbitration Provision shall be governed by the FAA even if Driver and/or BoatBites are otherwise exempted from the FAA. Any disputes regarding the FAA’s application shall be resolved exclusively by an arbitrator. If for any reason the FAA does not apply, the state law governing arbitration agreements in the state in which Driver has performed the majority of Contracted Services shall apply, or, if Driver has not performed any Contracted Services, the state law governing arbitration agreements in the state in which Driver’s primary residence is located shall apply.
- To the extent the parties have related arbitrable and non-arbitrable disputes, the arbitrable disputes shall proceed first in arbitration and the non-arbitrable disputes shall be stayed, and any applicable statutes of limitations tolled, pending completion of the arbitration.
- Informal Dispute Resolution. Driver and BoatBites agree that good-faith informal efforts to resolve disputes often can result in a prompt, low-cost and mutually beneficial outcome. Driver and BoatBites therefore agree that, before either Driver or BoatBites demands arbitration against the other, they will offer to personally meet and confer, via telephone or videoconference, in a good-faith effort to resolve informally any claim covered by this Mutual Arbitration Provision. For sake of clarification only, the informal dispute resolution conferences shall be individualized such that a separate conference must be held each time either party intends to commence individual arbitration; multiple individuals initiating claims cannot participate in the same informal telephonic dispute resolution conference, unless mutually agreed to by the parties. If Driver is represented by counsel, Driver’s counsel may participate in the conference, but Driver shall also fully participate in the conference. The party initiating the claim must give notice to the other party in writing of their intent to initiate an informal dispute resolution conference, which shall occur within 60 days after the other party receives such notice, unless an extension is mutually agreed upon by the parties. To notify BoatBites that Driver intends to initiate an informal dispute resolution conference, email Driver@BoatBites.app, providing Driver’s name, the telephone number associated with Driver’s Driver App account, the email address associated with Driver’s Driver App account, and a description of Driver’s claims. We may then send Driver an Informal Dispute Resolution Conference Request form, which Driver must fill out completely to initiate the informal dispute resolution conference. If BoatBites intends to initiate an informal dispute resolution conference, BoatBites shall do so by emailing the email address associated with Driver’s Driver App account, and providing a description of BoatBites’ claims. In the interval between the party receiving such notice and the informal dispute resolution conference, the parties shall be free to attempt to resolve the initiating party’s claims. If the party receiving the informal dispute resolution notice declines to engage in an informal dispute resolution conference or fails to respond to the claimant’s notice, then the claimant may initiate an arbitration 60 days after providing the notice. For sake of clarification only, if the party receiving the informal dispute resolution notice declines to engage in an informal dispute resolution conference or fails to respond to the claimant’s notice, that shall not constitute a breach of, or failure to comply with, this provision.
- The arbitrator shall dismiss any arbitration filed without fully and completely complying with these informal dispute resolution procedures. If an arbitration is dismissed because a party failed to comply with these informal dispute resolution procedures, the parties agree that the party that failed to comply with the informal dispute resolution procedures shall be responsible for paying any arbitration filing fees and costs incurred by the other party. The statute of limitations and any filing fee deadlines shall be tolled while the parties engage in the informal dispute resolution process required by this paragraph. Likewise, if the party receiving the informal dispute resolution notice declines to engage in an informal dispute resolution conference or fails to respond to the claimant’s notice, then the statute of limitations and any filing fee deadlines shall be tolled during the 60 day period between when the claimant provides notice and when the claimant is permitted to initiate the arbitration.
- If, following the informal resolution process, either Driver or BoatBites wishes to initiate arbitration, the initiating party must notify the other party in writing via certified mail, return receipt requested, or hand delivery within the applicable statute of limitations period (after accounting for any tolling, including the tolling provided for in the prior section). This demand for arbitration must include (1) the name and address of the party seeking arbitration, (2) a statement of the legal and factual basis of the claim, (3) a description of the remedy sought, (4) the amount in controversy, and (5) the personal signature of the party seeking arbitration. Any demand for arbitration by Driver must be delivered to the counsel who represented BoatBites in the informal resolution process, or if there was no such counsel, then to General Counsel, BoatBites Inc., 7901 4th Street N, Suite 300, St. Petersburg, FL 33702.
- Arbitration Class Action Waiver. Driver and BoatBites mutually agree that by entering into this agreement to arbitrate, both waive their right to have any dispute or claim brought, heard or arbitrated as, or to participate in, a class action, collective action, consolidated action, and/or representative action (“Arbitration Class Action Waiver”). If applicable law (after taking into account FAA preemption) allows parties to waive their right to bring claims pursuant to the Private Attorney General Act (“PAGA”), California Labor Code section 2699 et seq., or the right to seek a public injunction, then the parties mutually agree to waive their right to bring PAGA claims and claims for public injunctive relief under this Arbitration Class Action Waiver. Driver and BoatBites agree that all disputes and claims shall be resolved in arbitration on an individual basis only (i.e., whether Driver has been personally aggrieved or subject to any violations of law), and that any such proceeding may not be used to resolve the claims or rights of other individuals (i.e., to resolve whether other individuals have been aggrieved or subject to any violations of law). Further, any dispute or claim belonging to a party, for the benefit of a party, or seeking relief owed to a party brought by anyone (including but not limited to claims by government entities or officials for restitution) shall be resolved in arbitration on an individual basis only. If any provision, portion, or application of this Arbitration Class Action Waiver is found to be unenforceable or unlawful for any reason, (1) the unenforceable provision, portion, or application shall be severed from this agreement; (2) severance of the unenforceable provision, portion, or application shall have no impact on the Mutual Arbitration Provision (including the provision, portion, or application of the Arbitration Class Action Waiver that remains valid) or the parties’ attempt to arbitrate any remaining claims on an individual basis under the Mutual Arbitration Provision (including the provision, portion, or application of the Arbitration Class Action Waiver that remains valid); and (3) the class, collective, consolidated, or representative action brought on behalf of other individuals must be litigated in a civil court of competent jurisdiction and not in arbitration (but stayed pending the completion of arbitration of any arbitrable disputes per section 14.4 above). The parties intend that this agreement achieve the same result as in Viking River Cruises, Inc. v. Moriana, 142 S. Ct. 1906, 1925 (2022)—i.e., that individual PAGA claims be decided in individual arbitration and that, to the extent the Arbitration Class Action Waiver is invalid in whole or in part, non-individual PAGA claims subsequently be decided by a court of competent jurisdiction (to the extent the plaintiff has standing to maintain such a claim). Nothing in this paragraph shall be construed to prohibit settlements on a class-wide, collective, and/or representative basis.
- Notwithstanding any other clause contained in this Agreement or the AAA Rules, as defined below, any claim that all or part of the Arbitration Class Action Waiver is unenforceable, unconscionable, void, or voidable may be determined only by a court of competent jurisdiction and not by an arbitrator. All other disputes with respect to whether this Mutual Arbitration Provision is unenforceable, unconscionable, applicable, valid, void or voidable, and all disputes regarding the payment of arbitrator or arbitration-organization fees including the timing of such payments and remedies for nonpayment, shall be determined exclusively by an arbitrator, and not by any court.
- Driver agrees and acknowledges that entering into this Mutual Arbitration Provision does not change Driver’s status as an independent contractor in fact and in law, that Driver is not an employee of BoatBites or any Consumer or Vendor and that any disputes in this regard shall be subject to arbitration as provided in this Agreement.
a. The Arbitrator may hear motions to dismiss and/or motions for summary judgment and will apply the standards of the Federal Rules of Civil Procedure governing such motions.
b. The Arbitrator’s decision or award shall be in writing and shall include findings of fact and conclusions of law.
c. The Arbitrator may issue orders to protect the confidentiality of proprietary information, trade secrets, or other sensitive information. Subject to the discretion of the Arbitrator or agreement of the parties, any person having a direct interest in the arbitration may attend the arbitration hearing. The Arbitrator may exclude any non-party from any part of the hearing.
d. The award shall be binding only among the parties to the arbitration and shall have no preclusive effect in any other arbitration or other proceeding involving a different party. The Arbitrator’s decision is final and binding on Driver and BoatBites.
e. Either Driver or BoatBites may apply to a court of competent jurisdiction for temporary or preliminary injunctive relief on the ground that without such relief the arbitration provided in this paragraph may be rendered ineffectual. - Nothing in this Mutual Arbitration Provision prevents you from making a report to or filing a claim or charge with the Equal Employment Opportunity Commission, U.S. Department of Labor, U.S. Securities and Exchange Commission, National Labor Relations Board, or Office of Federal Contract Compliance Programs. Nothing in this Mutual Arbitration Provision prevents the investigation by a government agency of any report, claim or charge otherwise covered by this Mutual Arbitration Provision. Nothing in this Mutual Arbitration Provision prevents or excuses a party from satisfying any conditions precedent and/or exhausting administrative remedies under applicable law before bringing a claim in arbitration. BoatBites will not retaliate against Driver for filing a claim with an administrative agency or for exercising rights (individually or in concert with others) under section 7 of the National Labor Relations Act. Disputes between the parties that, after taking into account FAA preemption, may not be subject to predispute arbitration agreement, including as provided by an Act of Congress or lawful, enforceable Executive Order, are excluded from the coverage of this Mutual Arbitration Provision.
- Except as specified in the prior paragraph, this Mutual Arbitration Provision supersedes any and all prior arbitration agreements between Driver and BoatBites and is the full and complete agreement relating to the formal resolution of disputes covered by this Mutual Arbitration Provision. In the event any portion of this Mutual Arbitration Provision is deemed unenforceable, the remainder of this Mutual Arbitration Provision will be enforceable. The award issued by the Arbitrator may be entered in any court of competent jurisdiction.
- LITIGATION CLASS ACTION WAIVER
28.1 To the extent allowed by applicable law, separate and apart from the Mutual Arbitration Provision found in section 14, as applicable, Driver and BoatBites agree that any proceeding to litigate in court any dispute arising out of or relating to this Agreement, whether because Driver opted out of the Mutual Arbitration Provision or any other reason, will be conducted solely on an individual basis, and the parties agree not to seek to have any controversy, claim or dispute heard as a class action, a representative action, a collective action, a private attorney-general action, or in any proceeding in which Driver or BoatBites acts or proposes to act in a representative capacity (“Litigation Class Action Waiver”). Driver and BoatBites further agree that no proceeding will be joined, consolidated, or combined with another proceeding, without the prior written consent of all parties to any such proceeding. If a court of competent jurisdiction determines that all or part of this Litigation Class Action Waiver is unenforceable, unconscionable, void or voidable, the remainder of this Agreement shall remain in full force and effect. For sake of clarification only, nothing in this section shall be construed to prohibit settlements on a class-wide, collective, and/or representative basis.
Governing Law; Venue. This Agreement shall be governed and construed by and in accordance with the laws of the State of Florida. Driver submits to the jurisdiction of the Circuit Court of Hillsborough, County, Florida, and waives any claim that the same is an inconvenient forum.
Survival. All covenants, agreements, representations, and warranties made herein or otherwise made by Driver pursuant hereto, shall survive the expiration or termination of this Agreement and the sale or transfer of the Residence by Builder to any third party.
- Notices. Any and all notices required or permitted under this Agreement shall be given in writing and telecopied (with confirmation of transmission), personally delivered, or sent by registered, certified or overnight mail, return receipt requested, postage prepaid, to General Counsel, BoatBites Inc., 7901 4th Street N, Suite 300, St. Petersburg, FL 33702.
. Any such notice or communication shall be deemed to have been given as of the date of receipt if sent by telecopier, as of the date of