Wichita's Wild Side: Devilish Delights!

INDEPENDENT CONTRACTOR AND EQUIPMENT LEASE CONTRACT 

On this 6th day of March 2025, THIS AGREEMENT, made and entered into by and between, _______________________and ___, hereinafter referred to as CARRIER, and Personal Name: CHRISTOPHER FOUNTAIN – Owner Telephone (316) 806----

(Indicate which) :( ) a sole proprietorship, ( ) a partnership, or (X) a corporate entity, hereinafter to as LESSOR; WHEREAS, CARRIER is a common carrier engaged in the transportation of commodities under certificates of commodities under certificates of authority from the Federal Motor Carrier Safety Administration (FMCSA) and/or other regulatory authority having jurisdiction, or exempt from regulatory authority, and/or customer contracts. WHEREAS LESSOR is the owner of certain motor vehicle, hereinafter referred to as equipment, which it desires to lease to CARRIER, and utilizing such equipment to provide a complete transportation service pursuant to this Agreement, said equipment being more specifically described as follows:

UNIT # TYPE MAKE YEAR VIN # LICENSE # STATE 4242 TRACTOR VOLVO 2013 4V4NC9EH4DN145989 P1246565 IL Trailer Included WHEREAS, said equipment will be operated by LESSOR or such employee of LESSOR as LESSOR may from time to time employ (if applicable). NOW THEREFORE, it is hereby agreed LESSOR hereby agrees to contract with CARRIER, and CARRIER agrees to contract with LESSOR, using the equipment hereinabove described upon the following terms and conditions: SECTION ONE - COMPENSATION AND CHARGE BACKS CARRIER shall pay LESSOR, for the lease of such equipment and for services to be performed by LESSOR, the amount of compensation, which will be 85 % from the total amount tendered. $.350.00 per week for Truck (lease to own), $.350.00 per week for liability and cargo insurance, $. 0.00 per driver per week for Occupational Accident insurance, $. 50.00 per driver per week for ELD Service $.300.00 per week for Trailer Rent $ 50.00 per week IRP Cab Card (Truck Registration)$. IFTA charge is quarterly by received report. $. FUEL per week per usage $. TOLLS per week per usage

No additional fuel surcharges will be paid. Payment to LESSOR shall be made within twenty days following the submission of the necessary delivery documents and other paperwork concerning a trip in the service of the authorized CARRIER. The term “paperwork” includes properly completed log books required by FMCSA of the Department of Transportation (“DOT”) and documents required for CARRIER to secure payments from the shipper, which include but are not limited to, original bills of lading or freight bills signed and dated that the consignee received the freight, and the trailer inspection reports from both origin and destination. LESSOR may be required to submit to CARRIER additional documents in addition to those specified herein. LESSOR is hereby advised that CARRIER has available at its office all tariffs, contracts, and agreements upon which these charges are based and LESSOR is hereby notified that it is given access to these documents, limited to the portion thereof detailing charges assessed by CARRIER to its customers, for verification of LESSOR’S compensation. As provided herein, CARRIER shall make full payment to LESSOR of all compensation due for services performed and completed prior thereto, less all compensation drawn in advance of said settlement and less all items set out in Addendum charged to LESSOR’S account with recitation as to how each charge-back is computed, and copies of any documents which are necessary to determine the validity of the charge. It is agreed that said statements may be hand delivered or mailed to LESSOR, and upon mailing shall be conclusively presumed to have been received by LESSOR. Notwithstanding any other provision of this Agreement, LESSOR shall hand deliver to CARRIER all objections or corrections to the entries and balance shown on said statements in writing within thirty (30) days from the date the statements are hand delivered or mailed to LESSOR. If no written objections are received within the thirty (30) day period, the statements shall be conclusive and binding on LESSOR. It is further understood that nothing in this Agreement shall preclude CARRIER and LESSOR from making periodic partial settlements upon completion of shipments properly documented as herein set forth. There will be no additional compensation for detention or accessorial services. SECTION TWO - OPERATION AND EQUIPMENT

 A. GENERAL. LESSOR or its employee, who must be qualified to operate the equipment as per the requirements of FMCSA and/or other applicable federal or state agency shall operate the equipment for the hauling and transportation of freight pursuant to instructions from CARRIER with respect to all loads which CONTRACTOR has accepted. CONTRACTOR is not obligated to accept every or any loads offered by CARRIER. Instructions regarding accepted loads may be general and/or specific; instructions may be written or verbal. LESSOR is responsible for the unloading of trailers when necessary, advising dispatch of status daily and all other items as may be related to LESSOR by CARRIER on loads which LESSOR has accepted for transportation. LESSOR shall devote the necessary time and attention required to carry out this Agreement, shall operate the equipment in compliance with all applicable laws and regulations and shall be responsible for complete transportation of all loads accepted, including timely pick up, securing protection of cargo from theft and protection from the elements, securing the cargo from movement relative to the trailer, safe conduct and timely delivery.

 B. SAFETY REQUIREMENTS. LESSOR shall ensure that the equipment meets safety requirements of FMCSA and any other regulatory authority having jurisdiction. Provided that for the limited purpose of compliance with the rules and regulations of FMCSA, CARRIER shall exercise compliance control of the equipment so as to insure safety to the general public and safe delivery of shipments. 

C. CONTROL. Title 49, Code of Federal Regulation, Part 376.12.(e) requires that this Agreement recite that CARRIER insofar as third parties are concerned, shall be considered to have exclusive possession, control and use of equipment described herein during the term of this Agreement. CARRIER should be consideredresponsible for the operation of the Equipment but only during the time the Equipment is being operated in the service of the CARRIER. At all other times LESSOR shall be responsible for the operation of the Equipment.

 D. PASSENGER POLICY. As required by FMCSA regulations, passengers are not permitted on the Equipment without the express written consent of CARRIER. 

E. CHANGE IN SCHEDULES. It is understood and agreed that there are variances in transportation schedules from time to time which may result from customer demands and schedules of suppliers; CARRIER shall be permitted to make modifications in its working arrangements and schedules with LESSOR accommodating such changes in schedules for all loads which LESSOR has accepted for transportation.

 F. OPERATING EXPENSES. LESSOR shall pay all the expense of operating and insuring the equipment, including but not limited to, the cost of tires, tubes, repairs, parts, gasoline fuels, lubricants and any other items necessary for the operation and safety of the motor vehicle equipment leased herein. LESSOR shall maintain the equipment in proper and safe operating condition. All other operating costs, such as tolls, ferry charges, any fines for violation of traffic rules and detention and accessorial services, are the sole responsibility of LESSOR, except as may be provided for in this Agreement. CARRIER does not guarantee any of the LESSOR’S operating expenses. 

G. FINES. LESSOR shall be responsible for all fines incurred in the transportation of freight pursuant to this Agreement.

 H. LICENSES, TAXES, AND FEES. LESSOR warrants that he has obtained and has paid or will pay for all licenses or tags of whatever nature required for operation of equipment. Base plates properly apportioned are due on leased tractors within the first two weeks of grace period upon expiration date of base plate. Failure to comply may result in termination at sole option of CARRIER. LESSOR shall provide and timely pay for all license fees, driver’s license fees, Federal Highway Use Tax, Fuel Tax, Fuel Tax Surcharges, Road Tax, other special fuel taxes and any other tax of any type whether assessed by the Federal, State, or local government.

 I. PERMITS AND DECALS. CARRIER will furnish the agreed upon permits and decals to run the normal territory of CARRIER. Various State requirements may necessitate placing certain permits in the LESSOR’S name. It is the LESSOR’S responsibility to make sure that it has the appropriate permits prior to running in the territory.

 J. RETURN OF PERMITS, DECALS, AND PROPERTY BY LESSOR. At the expiration of the lease, or upon earlier termination of the Agreement, all markings, identification tags, decals and any and all other property of CARRIER, within the control or custody of LESSOR, shall be removed and returned to CARRIER. 

K. LIQUIDATED DAMAGES FOR BEING LATE. CARRIER may deduct 20% of the compensation associated with a trip accepted for transportation by LESSOR if LESSOR or its driver is late for an appointment time to cover liquidated damages for losses and expenses thereby caused to carrier. 

L. LESSOR TO FURNISH ALL NECESSARY INFORMATION. LESSOR shall provide CARRIER allinformation deemed necessary by CARRIER to fulfill its obligations under this Agreement.

Docusign Envelope ID: CF09FB36-FF71-447B-81BD-156DE6C170B1

M. USE OF EQUIPMENT. The leased equipment shall be used on CARRIER’S business only. Such equipment shall earn no revenue except through CARRIER, during the term of this Lease. SECTION THREE - LESSOR’S EMPLOYEES 

A. COMPENSATION OF LESSOR’S EMPLOYEES. LESSOR shall compensate his employees in compliance with any and all contracts and all applicable requirements of Sections 6, 7 and 12 of Fair Labor Standards Act as Amended, known as the Minimum Wage Law, and applicable state laws. LESSOR shall have responsibility for compensating his employees. LESSOR shall comply with all laws relating to employment including, but not limited to, social security, unemployment, withholding of taxes, disability benefits and the like, and shall indemnify and hold CARRIER harmless against all liability for failure to do so.

 B. TERMINATION OF AGREEMENT FOR LESSOR EMPLOYEES CONDUCT. CARRIER shall have the right to immediately terminate this Agreement in the event of improper conduct on the part of LESSOR or any employee of the LESSOR. LESSOR must inform the CARRIER 2 weeks in advance prior wants to quit the contract. SECTION FOUR - RISK OF LOSS, DAMAGE AND INSURANCE A. RISK OF LOSS. LESSOR while performing services under this Agreement, shall be liable to those interested parties, in an amount up to $2,500.00 for any claim, loss or damage resulting from damage to cargo or other property damage, bodily injury, or death resulting from accident of any kind. LESSOR shall be provided with a written explanation and itemization of any deductions before any such deductions are made.

 B. INSURANCE. CARRIER shall maintain insurance coverage for the protection of the public pursuant to the requirements imposed upon CARRIER under 49 United States Code, Section 13906; however, LESSOR shall be liable for and shall carry liability insurance not less than one million dollars, covering any claim for personal injury, death, or property damage caused while the driver of the equipment is not under dispatch or is not performing services under this Agreement. LESSOR shall be responsible for insurance charges specified in Addendum. CARRIER carries no insurance covering damage to LESSOR’S equipment, regardless of cause. LESSOR releases CARRIER, its creditors, officers, agents and employees from any and all liability or responsibility for any damage to the equipment of LESSOR whether LESSOR is under dispatch or not and from any bodily or mental injury to LESSOR or to LESSOR’S employees. In the event LESSOR purchases any insurance policy through CARRIER, a copy of any such policy shall be provided to LESSOR at its request. A certificate representing any such policy will be provided to LESSOR and such certificate shall contain the name of the insurer, policy number, effective dates, amounts and types of coverage, and any deductible amounts. At LESSOR’S request the cost for such insurance shall be deducted from LESSOR’S settlements. 

C. DAMAGE TO CARRIER’S PROPERTY. LESSOR shall pay for any damage to equipment or property of CARRIER resulting from acts of LESSOR, its agents or employees; and LESSOR shall maintain insurance covering any such damage. 

D. TRUCK RENT. LESSOR is responsible to return a Truck in conditions acceptable by DOT regulations with 49 CFR 396 

Docusign Envelope ID: CF09FB36-FF71-447B-81BD-156DE6C170B1 VOID 5

 E. TRAILER RENT. LESSOR is responsible to return a Trailer in conditions acceptable byDOT regulations with 49 CFR 396 F. WORKER’S COMPENSATION INSURANCE. CARRIER does not provide Worker’s Compensation for LESSOR or its employee(s). LESSOR shall provide and pay for and be responsible for, as required by law, 

Worker’s Compensation coverage on LESSOR and on LESSOR’S own employee(s). In the event Worker’s Compensation coverage is not required on LESSOR or an employee, then in that event LESSOR shall provide and pay for occupational accident coverage insurance on LESSOR, if applicable, and on LESSOR’S own employee(s). LESSOR agrees to indemnify and hold CARRIER harmless from all claims and demands arising from a failure to so comply and LESSOR agrees to further indemnify and hold CARRIER harmless from any other claim made against CARRIER by employees of LESSOR. LESSOR shall supply CARRIER with a certificate of Worker’s Compensation insurance or occupational accident coverage insurance, as applicable, before any shipments are transported by LESSOR for CARRIER. If CARRIER determines that LESSOR’S purchased coverage is deficient or fails to conform to statutory requirements, or if LESSOR so requests, CARRIER may purchase coverage on behalf of LESSOR and at LESSOR’S expense. 

G. CARRIER TO BE ADDITIONAL INSURED. LESSOR shall name CARRIER as certificate holder and additional named insured under the LESSOR’S insurance coverage, and shall further secure a Hold Harmless’ Agreement and “Non-subrogation Agreement” from the LESSOR’S insurance company under the bodily injury, property damage, general liability and cargo insurance requirements as hereinabove required.

 H. EVIDENCE OF INSURANCE COVERAGE. LESSOR shall furnish CARRIER with evidence satisfactory to CARRIER of full and complete compliance with all of the insurance requirements set forth above.

I. LESSOR’S INDEMNITY AGREEMENT. LESSOR agrees to indemnify and save harmless CARRIER from any and all claims, suits, losses, fines or expenses arising out of, based upon or incurred because of such claims, losses or damages to cargo or other property damage, or injuries to any person or persons, including death resulting from any act or alleged act of LESSOR or its agents or employees. LESSOR further agrees to indemnify and hold harmless CARRIER from all losses, damages, injury or expenses, including attorney’s fees, arising out of failure or LESSOR to comply with the provisions of this agreement. In the event CARRIER is called upon to pay any sum in satisfaction of LESSOR’S obligations under this Agreement, including payment of any insurance premiums, CARRIER shall have the right of immediate reimbursement from LESSOR for all such payments and may deduct said sums including sums for cargo or property damage, from any money due and owing to LESSOR under this Agreement. CARRIER shall explain any such deductions to LESSOR, and provide LESSOR with copies of all relevant documents verifying the validity thereof. LESSOR acknowledges and consents to the fact that from time to time the CARRIER enters into written agreements, including but not limited to terminal access agreements, shipper’s agreements and insurance contracts, which may include hold harmless agreements or other agreements that obligate or restrict the CARRIER, CARRIER’S LESSORS AND LESSOR’S EMPLOYEE(S) from legal action against the party with whom the agreement is entered into. Therefore, LESSOR hereby agrees to be bound by any such agreements that CARRIER for any and all liability, costs, expenses and attorney fees arising for the CARRIER from LESSOR’S breach hereof. 

J. ATTORNEY’S FEES. LESSOR agrees to indemnify and hold harmless CARRIER from any and all losses, damages, injuries and expenses, including attorney’s fees, court costs and cost of litigation, arising out of the failure of LESSOR to comply with the provisions of this agreement.

SECTION FIVE - MISCELLANEOUS A. NO SUBSTITUTION OF EQUIPMENT/LIEN. Substitution of other equipment may be made only upon the prior WRITTEN CONSENT OF THE CARRIER. IF DURING THE TERM OF THIS Agreement LESSOR becomes indebted to CARRIER for advancements, payments made by CARRIER for the benefit of LESSOR, or for any other matter, CARRIER shall have a lien on the herein described equipment of LESSOR as security for the amount owed. For the payment of all its obligations set forth in this Agreement, LESSOR waives all rights of exemption under the U.S. Constitution and applicable federal or state law. LESSOR agrees to pay CARRIER’S reasonable attorneys’ fees expended by CARRIER to collect any sums due CARRIER from LESSOR under this Agreement. B. LESSOR NOT REQUIRED TO PURCHASE FROM CARRIER. LESSOR shall not be required to purchase or rent any products, equipment or services from CARRIER as a condition of entering into this Lease Agreement, except to the extent set forth herein and to which LESSOR has agreed. C. NO OTHER LEASES. LESSOR warrants that this equipment is not the subject of any other lease or any other memorandum or agreement giving any other motor carrier the right to use the equipment. D. CANCELLATION. Either party may terminate this Agreement, with or without cause, at any time. LESSOR must inform the CARRIER 2 weeks in advance prior wants to quit the contract. E. FURNISHING FALSE INFROMATION. If LESSOR furnishes CARRIER any false information, CARRIER may terminate this Lease without prior notice. CARRIER shall retain all monies due LESSOR, as provided in Paragraph F. (page 3) and LESSOR will pay all attorney’s fees and other damages incurred by CARRIER as a result of such false information. F. NONWAIVER, INTEGRATION, AND LIMITATION. Waiver by CARRIER of compliance by LESSOR to any term on any occasion shall not be deemed a future waiver of such term and LESSOR shall be obligated thereafter to be in full compliance with all terms and carrier shall not be stopple from demand full and complete compliance by LESSOR without notice. This Agreement is an integrated agreement and contains the entire agreement between the parties, and there is no oral or parole agreements outside of this agreement or which were relied upon by the parties as a condition precedent to entering into this agreement. LESSOR waives and is barred from asserting any claim under or breach of any provision of the Agreement unless such claim or breach is made to CARRIER in writing within forty-five (45) days of the termination of this Agreement regardless of the reason of such termination. IN WITNESS WHEREOF, the parties hereto have executed this Agreement, this 6th day of March 2025

ENDUM CHARGE BACKS LESSOR must look over the following charges and initial by the ones, which LESSOR agrees to be deducted from his weekly settlements. _____ 1. TRAILER RENT. If a LESSOR wants to rent a trailer from the CARRIER, LESSOR will pay $300.00 through weekly deductions. Trailer rent payment will also cover the cost of Auto Liability Property Injury and Property Damage Insurance, which protects public while LESSOR is in service of CARRIER. LESSOR is responsible for paying the first $2,500.00 of each claim. _____ 2. CARGO INSURANCE. CARRIER carries a Cargo Insurance policy. If a LESSOR chooses to get coverage under CARRIER’S policy, LESSOR will pay $ 350.00 through weekly deduction. LESSOR is also responsible for paying the first $2,500.00 of each cargo claim. All other insurance shall be responsibility of LESSOR. _____ 3. LICENSES AND PERMITS. LESSORS using or operating under CARRIER’S permits or licenses are responsible for paying all fees and taxes applicable. DOCUMENTATION. LESSOR must bring all documents, including Log Books, Fuel Receipts, and Load Documents promptly. If LESSOR has not returned to Chicago area for two weeks, LESSOR has to mail all documentation on CARRIER’S expense. However, if the LESSOR returned to Chicago area and did not submit all documents, LESSOR must mail documents on LESSOR’S expense.

VOID , contract, never signed, and what if [FRAUD]can be proven ? 

BUT, WHY WAS CONTRACT PUSHED ON DRIVER? 

AND, AT WHAT POINT IN TIME? 

EVEN IF IT WERE "SIGNED"? 

I DIDN'T UNDERSTAND IT.

AND OTHER FACTORS/ CIRCUMSTANCES TOOK PLACE.