Amazon Flex Independent Contractor Terms of Service

I tried to find the flex contract Amazon always lords over the heads of drivers, but I couldn't find it anywhere. I finally located it in the Flex app, under "Account" > "View Legal Information" > "Independent Contractor Terms of Service". You can't copy the text from the app to save it for future reference. That seems ethically dodgy, to say the least. (Edit 3/8/2019: It is now possible to copy and paste the text, though Amazon's outsourced reps still refuse to provide it via email, as it says they should in the agreement).

You can see a UK version on the UK Parliament website, but it is quite different from the version for US-based drivers.

It has always bothered me that companies can force you to agree to contracts that are 40 pages of legalese, say they can change it at any time without notice, and make it difficult to get your hands on a hard copy you can reference or have an attorney review.

Oddly enough, the "terms of service" says you can get a copy of the document email to you by simply emailing amazonflex-support@amazon.com. It's section 15 of the document. See the screenshot below:

So, I did just that. I email Flex support, and this is the bollocks I received in response:

Are they using a really bad AI for driver support? I didn't ask WHERE to find it in the app, I asked for a copy to be emailed to me, as set out in the "terms of service". Typical piffle from Amazon. Let's try this again.

I received the exact same response on the third attempt, this time from someone named "Anusha R". I finally emailed Jeff Bezos to let him know that his "support agents" are not following the "terms of service" agreement. I doubt I'll hear back from them, but I think the public has a right to know that Amazon is purposely obfuscating their "terms of service" for Flex drivers. They probably know it's a steaming pile of unenforceable garbage, and they don't want any drivers passing it on to someone with an elementary understanding of contract law.

If you bother to look through the "agreement", here are some interesting things you'll find:

1. A binding arbitration clause, and an Amazon address to request arbitration. If they shut you down, you lose access to the flex app, and the ability to view the "terms of service" steaming pile of garbage. They're counting on drivers just walking away. What the agreement doesn't tell you is: if you happen to get the address to request arbitration, it costs you $200.00. Yep. In Bezosland, they'll deactivate a poor sod for violating an agreement they purposely try to hide, then charge the driver $200.00 to go to an arbitration company THEY CHOOSE. Absolutely disgusting!
2. If you opt out of receiving electronic communications from Flex, they automatically terminate you. If you reply "STOP" to any text message from Flex, they can terminate you.
3. If you lose the phone running the Flex app, you have to notify Amazon "immediately".
4. If Amazon is sued because of your actions or inactions while delivering, you will be on the hook to pay their legal expenses. That's pretty boiler-plate contract language, but it is far more all-encompassing than any contract I've read.
5. Section 10 is very broadly worded. So broadly that one could consider even the agreement itself to be "licensed material".
6. The binding arbitration section strips you of your legal rights to pursue legal relief as a class or "collective". They don't want abused drivers to sue them as a class. They want all the benefits of an at-will employee, without any of the costs or legal obligations. Disgusting.
7. You can opt out of the arbitration clause, but you must do it within 14 days of signing up. Oddly enough, you won't have access to the agreement until they accept your application, which is usually well beyond the 14 days. If you want to opt-out, you have to send an email to amazonflex-support@amazon.com, including your name and "a statement indicating that you are intentionally and knowingly opting out of the arbitration provisions of the Amazon Flex Independent Contractor Terms of Service". The agreement claims you will not be subject to retaliation for opting out. However, since you have yet to be "accepted" into the program, they could simply refuse to accept you. Really sneaky, and probably illegal.
8. The agreement is governed by the laws of the State of Washington. That's pretty standard, but something you should know.
9. Amazon says they will notify you if they change the agreement, but go on to say it is your responsibility to spot any modifications. If they sneak a change by without notice and without you noticing, you agree to be bound by the updated agreement.
10. They require you to deliver packages on-time. They sometimes make exceptions if the warehouse was late, but you have to actively request the exceptions. I've had them load me down with 30 packages only 15 minutes before the end of their delivery window.
11. You have to be nice to everyone, even the useless support, and the rude warehouse workers. I've heard of people being deactivated (given the Amazon cold shoulder) for not being nice to rude warehouse workers. I got a warning myself to thanking a phone agent for being completely useless.
12. You cannot allow another person to access your Flex account. Some drivers try to get family or friends to do the "flex fishing" game, where you constantly hit "refresh" on the app, looking for available blocks. That is against the rules. Don't let anyone use your account.
13. You can have family, friends, or pets in your car when delivering, provided they stay in the car the entire time.
14. Amazon keeps track of everything you do with the app, and your location data. They specifically say they share that information with third-parties. You need to know that your physical location will be known by these "third-parties", potentially even when the app is not running.

That's not all, but I'm exhausted looking through all that mess. The short and skinny is: read the terms of service and all referenced documents. They are important. Amazon will beat you over the head with them. You need to know your rights and obligations under the agreement.

A few good things about the gig.

1. The pay is ok. It isn't enough to rent an apartment in downtown Seattle, even if you manage to get 8 hours per day. BTW, you won't get 8 hours per day except during Q4.
2. The hours are flexible. You can forfeit a block up to 45 minutes before you're supposed to start, and you won't be penalized.
3. Most customers are really nice.

Just beware of dogs. I keep pepper spray on me just in case. There are a number of documented cases where drivers have been attacked by dogs. Amazon couldn't care less. You're a contractor.

Good luck!