REF: DELIVERY-RIDER-SERVICE-AGREEMENT DELIVERY RIDER GIG SERVICE AGREEMENT
THIS INDEPENDENT DELIVERY SERVICE AGREEMENT is made and entered into on this [Agreement Date] (the "Execution Date"):
BETWEEN:
[Delivery Platform / Logistics Company], a logistics and delivery company incorporated under the laws of India, having its operational hub in India (hereinafter referred to as the "Company", which expression shall include its successors and permitted assigns) of the FIRST PART;
AND:
[Delivery Rider Full Name], residing at [Rider Residential Address], holding Driving License / ID proof No. [Driving License / ID Proof Number], utilizing a Two-Wheeler for local transit (hereinafter referred to as the "Delivery Partner", which expression shall include their legal heirs and representatives) of the SECOND PART.
The Company and the Delivery Partner are hereinafter referred to individually as a "Party" and collectively as the "Parties".
RECITALS:
A. The Company operates a technology-enabled logistics platform that facilitates on-demand order dispatch, food delivery, grocery distribution, and hyper-local parcel fulfillment across designated city sectors.
B. The Delivery Partner operates as a freelance gig worker in possession of a Two-Wheeler and wishes to provide delivery services to the Company within the operational territory on an independent, non-exclusive basis.
NOW, THEREFORE, THE PARTIES MUTUALLY AGREE AS FOLLOWS:
1. APPOINTMENT AS FREELANCE GIG DELIVERY PARTNER
1.1 The Company hereby engages the Delivery Partner, and the Delivery Partner accepts engagement, as an independent delivery specialist within the designated operational zone: [Designated Delivery Cluster / Zone].
1.2 Principal-to-Principal Engagement: The Delivery Partner acknowledges and agrees that their relationship with the Company is that of an independent contractor under the Indian Contract Act 1872 and a gig worker under the Code on Social Security 2020. Nothing herein creates an employer-employee, master-servant, or agency relationship.
1.3 Flexibility of Service: The Delivery Partner has the sole freedom to decide when to log into the mobile application, how long to remain online, and whether to accept or decline any individual delivery consignment.
2. COMPENSATION, RATES, AND INCENTIVES
2.1 Base Delivery Fee: The Company shall compensate the Delivery Partner for each completed and customer-acknowledged order at the rate of: [Base Rate Per Completed Delivery].
2.2 Incentive Structure: Subject to meeting operational thresholds, peak hour requirements, and festival targets, the Delivery Partner may qualify for performance bonuses as follows: [Incentive and Surge Structure].
2.3 Payout Schedule: Remittance of accumulated delivery fees, less statutory tax deductions under Section 194C or 194O of the Income Tax Act 1961, shall occur in accordance with: Weekly Settlement Every Tuesday. Payments shall be made through electronic bank transfer, NEFT, or UPI.
3. RIDER OBLIGATIONS AND EQUIPMENT
3.1 Equipment Provision: The Delivery Partner shall independently arrange, fund, and maintain all necessary working tools, specifically: [Rider Owned Equipment and Tools].
3.2 Safety Compliance: While engaged in transit or delivering orders, the Delivery Partner shall strictly wear and maintain the required protective gear: [Mandatory Road Safety Gear], and comply with all traffic provisions under the Motor Vehicles Act 1988 and Central Motor Vehicles Rules 1989.
3.3 Care of Goods: The Delivery Partner shall exercise the utmost degree of care in transporting food packages, groceries, or parcels. Packages must be placed securely in the thermal or weatherproof delivery bag, protected from contamination, rain, heat, or physical crushing. Tampering with food seals, pilfering items, or unhygienic handling is strictly prohibited.
3.4 Cash on Delivery (COD) Handling: Where an order entails collection of cash from the customer, the Delivery Partner acts as a bailee of such funds under Section 151 of the Indian Contract Act 1872 and must deposit or remit the exact collected amount through the designated digital payment gateway or cash drop center within the prescribed shift timeline.
4. INSURANCE AND SOCIAL SECURITY
4.1 The Delivery Partner shall be covered under the following insurance framework during active delivery hours: [Rider Accidental and Health Insurance Policy].
4.2 For motorized vehicles (Two-Wheeler or Three-Wheeler), the Delivery Partner must maintain compulsory third-party motor insurance under Chapter XI of the Motor Vehicles Act 1988. The Company bears no liability for traffic accidents, third-party injuries, or property damage caused by the Delivery Partner while on the road.
5. TERM, SUSPENSION, AND TERMINATION
5.1 This Agreement takes effect from [Agreement Date] and continues in force until terminated as per: [Termination and Notice Period].
5.2 Immediate Disconnection: The Company reserves the contractual right to terminate or deactivate the Delivery Partner's mobile application account immediately without notice in any of the following circumstances:
(a) Proven pilferage, theft, adulteration, or intentional destruction of customer merchandise;
(b) Operating under the influence of alcohol, narcotics, or prohibited intoxicating substances;
(c) Misbehaviour, abusive language, harassment, or physical altercation with customers, restaurant staff, or merchant partners;
(d) Sharing account credentials, sub-contracting deliveries to unverified third parties, or manipulating GPS location data.
6. INDEMNITY AND GOVERNING LAW
6.1 The Delivery Partner agrees to indemnify, hold harmless, and defend the Company and its directors from any financial loss, customer refund claims, civil liability, or criminal proceedings arising from their unlawful acts, traffic offences, or gross negligence.
6.2 Governing Law and Jurisdiction: This Agreement shall be construed and governed in accordance with the laws of India. Any legal dispute arising under this Agreement shall be subject to the exclusive jurisdiction of the civil courts having jurisdiction over the Company's operational office.
IN WITNESS WHEREOF, the Parties have executed this Delivery Rider Gig Service Agreement on the date first written above.
For the Company ([Delivery Platform / Logistics Company]):
Authorized Representative: _________________________
Designation: _________________________
Date: [Agreement Date]
For the Delivery Partner:
Signature: _________________________
Name: [Delivery Rider Full Name]
Residential Address: [Rider Residential Address]
License / ID Number: [Driving License / ID Proof Number]
SCHEDULE OF TERMS, COVENANTS & CONDITIONS(6 ACTIVE CLAUSES)
1. TENURE & TERM OF LEASE: The term of this lease/tenancy shall be for a fixed duration of {{duration_months}} months commencing on {{commencement_date}} and terminating on {{expiry_date}} unless renewed by mutual consent.
2. MONTHLY RENT & DUE DATE: The Second Party covenants to remit a monthly rent of Rs. {{monthly_rent}} payable in advance on or before the {{rent_due_day}} day of each calendar month.
3. REFUNDABLE SECURITY DEPOSIT: The Second Party has deposited an interest-free refundable security sum of Rs. {{security_deposit}} with the First Party, returnable within 7 banking days of vacant handover.
4. PERMITTED USE OF PREMISES: The demised premises shall be utilized exclusively for lawful residential dwelling purposes and shall not be converted into commercial or industrial use.
5. STATUTORY ARBITRATION (ACT 1996): Any dispute arising hereunder shall be referred to a sole arbitrator appointed mutually under the Arbitration and Conciliation Act, 1996, with seat of arbitration in the execution city.
6. SUB-LEASE & ASSIGNMENT PROHIBITION: The Second Party is strictly prohibited from sub-letting, parting with possession, or assigning any portion of the premises to third parties without prior written consent.
ATTESTATION BY INDEPENDENT WITNESSES (AS PER APPLICABLE LAW)
First Witness
Signature:
Full Name:
Parent / Spouse:
Address:
Govt ID / Aadhaar:
Second Witness
Signature:
Full Name:
Parent / Spouse:
Address:
Govt ID / Aadhaar:
