So you are ready for your shift, you start up your Doordash driver app click the button to start your dash, then suddenly you get this pop up about new terms of service that requires you to agree before you can continue. This is the oldest trick in the book by companies as they know you want to sign on as quickly as possible and so they know that you will just simply agree to it to get it out of your way, when they know they could have emailed this to the users before it was active so they had time to read them over.
So now your big choice, do you miss your current shift so you can actually read through this big long pop up or do you simply click agree and then think about going back to read it later? We are going to bet you are like 95% of other users and just going to click agree.
So what changed for the Doordash Terms of service on 12/16/2020 versus their last version on 04/12/2020? Here is a quick view of some of the changes.
- Minor verbal changes such as marketplace connection changed to marketplace platform. Plenty more small changes like this, but doesn’t directly affect anything, just for clarification.
- Making note that arbitration is the primary source for handling disputes or legal matters and drivers must opt out if they do not wish to use arbitration.
- Clarification that Doordash and drivers are two seperate business entities and the driver shall be solely responsible for determining how to operate their business and how to perform the Contracted Services. (IE what you accept, decline or the means you use to complete the order)
- Clarification that the driver will complete the orders in a timely, efficient, safe, and lawful manner but Doordash shall not, control the manner, method or means the driver uses to perform the Contracted Services. Instead, the driver shall be solely responsible for determining the most effective, efficient, and safe manner to perform the Contracted Services, including determining the manner of pickup, delivery, and route selection.
I know what you are thinking, sounds pretty typical right? Well for the most part it is about the same as every other agreement I have read, it of course benefits the company more than the actual driver, but there are some things that did need more clarification and this update helped that.
- Does this make me an employee?
No this does not make you an employee, you are still a contractor, it is just more clear now.
- Does this mean I can not cancel orders?
No, you can still cancel orders from time to time, but you still must meet the dasher ratings requirements, which can be found here. (Currently as of this article you must keep a 4.2+ customer rating & 80%+ completion rating)
- Can I be deactivated for my acceptance rating (if you decline trips)?
No, according to the dasher ratings page listed above and the terms for deactivation, there is no minimum requirement for acceptance rating and dashers can pick and choose which orders to accept.
- Can I be deactivated for being late to pickup/delivery?
Yes, according to Doordash, “Repeated lateness may result in deactivation”, so make sure you have enough time to make it to pickup and delivery.
Opting out of Arbitration
So you don’t want to use arbitration or maybe you just want to make sure that you are open to any and all legal means if the time ever comes. (IE class action suits or directly suing). This is where opting out of arbitration comes in, although arbitration has been in their terms of service for awhile, in this recent update they did make it clear how to opt out of it, but it isn’t as easy as Uber where you just send an email, you will have to make some effort.
To start you must notify Doordash in writing of your intention to opt out of arbitration, yes, by snail mail. If you try to opt out by email they will reject it, so you must do it by first class mail and must be done with-in 30 days from 12/16/2020, anything past 30 days will be ineffective.
303 2nd Street, Suite 800
San Francisco, CA 94107
- The letter must state CONTRACTOR’s intention to opt out
- Must be signed by the CONTRACTOR directly (no electronic copy/paste, but actual ink)
- You can only opt out for yourself, if you have any sub-contractors they must opt out themselves
- Include your full legal name, address, email address and phone number. (I mean how else they going to know who you are?)
Here is a copy of my opt out letter I have used for many gig companies, you should be able to edit it to your needs but since I am not a legal professional I would suggest that you have someone look it over for you.
Full Legal Name
1234 Fake St,
Your City, State, Postal Code
12/16/2020 (current date of creating/signing/sending)
Doordash Inc/ General Counsel
303 2nd Street, Suite 800
San Francisco, CA 94107
Re: Opt out of Agreement to Arbitrate
To Whom It May Concern:
By this letter, I (your name) am opting out of the Agreement to Arbitrate as authorized in secion XI Mutual Arbitration Provision of the “Independent Contractor Agreement” updated on 12/16/2020.
I (your name) do not agree to the Agreement to Arbitrate for the the accounts below.
Dasher ID: [ list your dasher id ] (on android doordash screen click 3 menu dots – about)
Email: [ list your email account that you use to log into the dasher app ]
[Sign here, must be real signature with ink]
[Your full legal name here]