Terms of Service

Mudder Trucker Consortiums LLC


Terms of Service


CLUB MUDDER SERVICE AGREEMENT & C/TPA AUTHORIZATION

1. Scope of Services: By enrolling, the Member ("Driver") appoints Mudder Trucker Consortiums LLC via it's hosted membership tiers branded as Club Mudder, Mudder Plus and Club Mudder Founder's Club to act as their Consortium/Third Party Administrator (C/TPA) in accordance with 49 CFR Part 40 and Part 382. Mudder Trucker Consortiums LLC will manage the random testing pool, maintain required records, and facilitate laboratory/MRO services as well as any other functions deemed as required by the US Department of Transportation (USDOT) or the Federal Motor Carrier Safety Administration (FMCSA) Mode. Mudder Trucker Consortiums LLC will continue these services without lapse as the driver makes payment available at the date of renewal and for the appropriately noted cost as offered at the time of renewal for the desired membership tier or service the driver has selected.

2. Compliance Obligations: > * Random Testing: Driver agrees to report for testing immediately upon notification. Failure to report within the federal timeframes (8 hours for alcohol, 32 hours for drugs) may be documented as a "Refusal to Test."

  • Clearinghouse: Driver grants Mudder Trucker Consortiums LLC limited "General Consent" to conduct required queries of the FMCSA Drug and Alcohol Clearinghouse for the duration of this membership. Full Queries will require the 'driver' or member approval for Mudder Trucker Consortiums LLC to continue it's query per federal regulation should any initial query results warrant such an advancement of query.

3. No-Refund Policy: > Due to the immediate costs associated with federal pool registration, laboratory account setup, and Clearinghouse administrative tasks, all membership fees are 100% Non-Refundable once and beginning once the application is submitted, payment is processed and extending to and beyond the official conversion of my pending membership to approved status. Funds held during the application verification period, to begin immediately upon submission of my application in tandem with my payment and lasting up to 72 hours or 3-5 business days, may be refunded ONLY if my application must be denied for any regulatory reason including but not limited to; failure to validate required information to guarantee DOT or FMCSA compliance.

4. Termination: Mudder Trucker Consortiums LLC reserves the right to terminate this agreement and remove the Driver from the consortium for non-compliance with testing requests, failure to pay at the time of renewal or failure to provide accurate CDL/Medical information. No refunds will be issued upon termination for cause.

5. Limitation of Liability: Club Mudder acts as a service agent only. Final responsibility for DOT compliance remains with the Driver/Motor Carrier. Club Mudder is not liable for fines, loss of authority, or legal actions resulting from the Driver's failure to complete required tests.

CANCELLATION, TIER CHANGE & UN-ENROLLMENT RISK

1. Right to Cancel or Change Tier: You may cancel your Club Mudder membership at any time by providing written notice. However, consistent with our No-Refund Policy, no pro-rated refunds or credits will be issued for the remaining duration of your current membership term. You reserve and understand your right to upgrade your service or membership tier at any time by phone, email or online in tandem with paying the upgrade cost at the rack rate without a guaranteed discount or prorated rate. You acknowledge any upgrade of service or membership tier would restart the consortium period from day one and by extension change your renewal date.

2. Regulatory Acknowledgment (49 CFR § 382.305): By canceling, you acknowledge that you are voluntarily withdrawing from a scientifically valid random testing pool. Per FMCSA regulation § 382.103, owner-operators and carriers are strictly prohibited from self-managing their own random testing.

3. Assumption of Risk: Un-enrollment without immediate transfer to another DOT-qualified Consortium (C/TPA) will result in non-compliance. You acknowledge that this may lead to:

  • Out-of-Service Orders by the FMCSA.

  • Civil Penalties and fines (often exceeding $10,000 per violation under 49 CFR § 382.705).

  • Immediate Loss of Operating Authority.

Mudder Trucker Consortiums LLC is not responsible for any fines, legal actions, or loss of income resulting from your decision to cancel or your failure to maintain enrollment in a compliant program.

CLINICAL FEES & PAYMENT RESPONSIBILITY

1. Responsibility for Testing Costs: The Member ("Driver") or their respective Employer is solely responsible for all direct costs associated with the physical collection, laboratory analysis, and medical review of any drug or alcohol test. Club Mudder provides administrative enrollment and pool management only.

2. Payment at Time of Service: Driver acknowledges that most collection sites and clinics operate independently and will require payment at the time of service. Pricing is determined solely by the chosen clinic and is subject to change without notice from Club Mudder.

3. Third-Party Authorizations: While Club Mudder may issue a Custody and Control Form (CCF) or Testing Authorization for the purpose of ensuring the correct panels are tested and results are routed to our Medical Review Officer (MRO), such authorization does not constitute a guarantee of payment by Club Mudder.

4. Indemnification of Fees: Club Mudder shall not be held liable for any unpaid balances, collection actions, or disputes between the Driver and the testing facility. Failure to complete a test due to a lack of payment at the clinic will be treated as a "Failure to Test" and may be reported to the FMCSA Clearinghouse accordingly.

*Member is responsible for the accuracy of the CDL and DOT information provided. Any fines resulting from incorrect data entry by the Member are the Member's sole responsibility. All terms and conditions in this service agreement including the Master Service Agreement & Refund Policy consent clause checkbox as well as the SMS and FMCSA Clearinghouse consent clause checkbox are hereby 'agreed to' and active in perpetuity; including conditions of driver requested or required cancellation, and or removal from our service or consortium pool.

Payment Obligations for Testing Services: Member Companies are billed for required drug and alcohol screening tests initiated through the Consortium selection process. Payments may be collected immediately via telephone/credit card upon notification or invoiced via corporate invoice through MTC’s designated payment processing engine (Stripe). Invoiced amounts are due strictly within thirty (30) days from the date of the invoice issue.

Failure to Pay & Regulatory Revocation of Enrollment: Failure to settle any mandatory testing invoice within thirty (30) days constitutes a material breach of these Terms. MTC reserves the right to immediately terminate the membership of any Company with an overdue balance. Upon termination, all linked drivers will be set to an inactive status, a Notice of Non-Compliance and Removal of Enrollment will be issued, and the Company will no longer be considered part of a federally compliant random testing pool under 49 CFR Part 382.

PARTNERSHIPS

Mudder Trucker Consortiums (MTC) engages in strategic partnership agreements to provide various benefits, services, and discounts to its members. The User acknowledges and agrees that:

  • Subject to Change: All partnership agreements, including but not limited to service tiers, discounts, and "deal" placements, are subject to change, suspension, or termination based on shifting operational requirements, regulatory updates, or changes in the status of the third-party entities with which MTC is partnered.

  • Right of Modification: MTC reserves the right, at its sole and absolute discretion, to revoke, remove, modify, or substitute any partner agreement, offer, or discount at any time and without prior notice.

  • No Guarantee of Availability: MTC does not warrant or guarantee the continuous availability of any third-party service or discount. The User agrees that MTC shall not be held liable for any loss or inconvenience resulting from the modification or removal of a partner benefit.

  • Third-Party Terms: Use of partner services (e.g., screening services or navigation apps) may be subject to the independent terms and conditions of those respective third-party providers.