Driver Service Agreement

This Agreement, made this _____________day of _____________, 20___ by and

between Transportation Support, Inc., whose principal office is at 721 Gadsden Highway,
Birmingham, Alabama, 35235. (hereinafter referred to as LESSOR), and
_____________________________________ whose principal office is at
_____________________________________, (hereinafter referred to as LESSEE.)
In consideration of the mutual agreements contained herein, the parties agree as follows:
1. DRIVERS. Lessor shall supply drivers on an as needed basis to Lessee as a carrier in
intrastate and interstate commerce. Lessor shall supply drivers who are qualified and
licensed to operate vehicles in accordance with applicable laws, rules and regulations
of the various states. The Interstate Commerce Commission and/or the Department of
Transportation, and shall furnish driver qualification file records as may be required
by said laws, rules and regulations.
2. DRIVER COMPENSATION. Lessor shall hire and discipline all of its employees
and shall pay the drivers wages. Lessor, as required by law, will provide Workers
Compensation coverage and will pay all state and federal taxes imposed with respect
to all persons employed by Lessor in the performance of this agreement.
3. LABOR. It is understood and expressly agreed by the parties hereto that in the
performance of this Agreement, Lessor and/or its employees, including drivers, are
not the agents or employees of the Lessee under the Labor Management Relations Act
for 1947 or any other state or federal law governing employment, but that Lessor is an
independent contractor, and any agents and employees used by it in the performance
hereunder shall be deemed to be under Lessor's exclusive management.
4. CHARGES. Lessee shall pay Lessor for all charges outlined on schedules and other
payments required to be made by Lessor herunder, including all payments made to or
for the benefit of the drivers supplied herunder, pursuant to any statute or
governmental regulation; and to pay Lessor a service fee in accordance with attached
Schedule A. Lessee agrees to indemnify Lessor for all costs that Lessor is required to
incur in order to resolve claims by drivers for services performed on behalf of Lessee.
Lessee shall not be responsible for costs, under this paragraph, which are the fault of
Lessor. Lessor shall render to the Lessee weekly invoices evidencing the amounts
owed from Lessee to Lessor herunder and the Lessee shall pay such invoices upon
receipt therof without deduction or set-off. Lessee shall pay to Lessor a late payment
of 2% per month (or the highest lawful rate, whichever is less) of the overdue
amounts for the period of the delinquency, plus a reasonable attorneys fee for
collection should Lessees account be placed in the hands of an attorney for
collection.

5. CONTROL OF TRANSPORATION SERVICE. Lessee shall control, direct,

supervise and take all responsibility for its transportation services with respect to the
various work activities performed by the drivers including, but not limited to,
scheduling, routing, specified origins and destinations, and the receipt and delivery of
Lessees products. Subject to Lessors obligations as stated in paragraph (1) above.
6. REGULATIONS. Lessee agrees to assume all responsibilities for the drivers
compliance with the United States Department of Transportation Regulations and
other applicable state laws and federal regulations and to indemnify, defend and save
harmless Lessor against any loss, expense, fines or penalties incurred by Lessees
violation of any such laws or regulations. Lessee shall obtain and maintain copies of
such regulatory data and make it available to Lessor upon Lessors request.
7. INSURANCE. Lessee agrees to provide and maintain, on each vehicle operated by a
driver supplied by LESSOR, Automobile Public Liability Insurance for Bodily Injury
and Property Damage with coverage in an amount as required by the Motor Carrier
Act of 1980. Lessor shall be named as additional insured with respect to liability
resulting from ownership, custody, maintenance, use or operation of the vehicles.
8. INDEMNIFICATION. The Lessee agrees to indemnify, defend and save harmless
Lessor from real or asserted liabilities, including the cost of defense, connected with
or resulting from the ownership, custody, maintenance, use or operation of the
vehicles hereunder, which liabilities are not covered by the insurance provided by the
Lessee, or provided liability is not a result of Lessors negligence, if covered, is in
excess of the policy limits required by this Agreement. Said indemnification shall
include, but not be limited to, any liability resulting to Lessee or any 3rd party by
reason of delay of delivery, failure to deliver products or loss of business.
9. REIMBURSEMENT. Lessee shall pay Lessor, as reimbursement to Lessor for
Lessors cost and reasonable expectations, the sum of Two Thousand Five Hundred
Dollars, ($2,500.00), for each of Lessors employees hired by Lessee within the first
180 days of employment. After the 180 days of employment then Lessee has the
option to employ Lessors employee with no further monetary obligation to Lessor. In
order for Lessee to hire a former Lessor employee the former employee must have
been no longer under Lessors employment for a time frame of (60) days.
10. PAYROLL INFORMATION. Lessee shall provide Lessor with the weekly payroll
information, (as indicated on Schedule B). This information shall be
communicated at Lessees expense to the nearest facility of Lessor.
11. TERM. This Agreement begins on the day and date first written above. Thereafter,
either party may terminate this Agreement by giving the other party thirty (30) days
prior written notice of its intent to terminate. If Lessee defaults in the payment of
invoices, as provided in Paragraph (4) herein, Lessor shall have the right to
immediately terminate this agreement and to remove all drivers provided hereunder
and shall incur no liability for said removal.

12. COLLISION OF CASUALTY. Lessor shall not be responsible and shall be held
harmless and indemnified for loss or damage to the vehicles or equipment operated
by drivers irrespective of any allegations or negligence on the part of Lessor or any of
Lessors agents or employees by reason of collision, fire, flood, windstorm,
explosion, or other casualty, or by reason of theft. Lessor shall also be held harmless
and indemnified for loss or damage to cargo carried in such vehicles or equipment.
13. MISCELLANEOUS. This document, together with Schedules, constitutes and will
constitute the full, complete, absolute and entire Agreement. If any provision of this
Agreement is invalid under the laws of any state where used, such provisions shall be
deemed not be a part of this Agreement in such state, but shall not invalidate any
other provision hereof. This Agreement shall be governed by the laws of the State of
Alabama, and any litigation that may arise concerning the performance or nonperformance of this Agreement, shall be filed and fully disposed of in the Courts of
Jefferson County, Alabama. The Lessor shall not be responsible for any damage or
loss of business caused by, war, fire, strike, picketing, accidents, acts of God, labor
trouble, civil disturbances, riots, or other causes beyond the reasonable control of
Lessor.
IN WITNESS WHEREOF, the parties hereto have duly executed this Agreement for full
performance at the date first above written.
Transportation Support, Inc.,
LESSOR
By: ________________________________
Title: ______________________________
___________________________________
Lessee
By: ________________________________
Title: _______________________________