Owner Operator Lease Agreement Sample Form

Fillable Printable Owner Operator Lease Agreement Sample Form

Owner Operator Lease Agreement Sample Form

OWNER OPERATOR LEASE AGREEMENT

THIS agreement, entered into this ____day of ______________20___ between

______________________, (Hereinafter designated as “Carrier”), and

______________________, (Hereinafter designated as “Owner Operator”),

WITNESSETH:

WHEREAS, Owner Operator is engaged in the transportation of general freights of all kinds

(FAK) by motor vehicle as a contract Carrier and desires to transport goods for Carrier; and

WHEREAS, to facilitate such transportation and for the convenience in handling such

transaction, the parties have agreed to the terms and conditions under which transportation shall

be made, as hereinafter set forth.

NOW THEREFORE, in consideration of the premises and the mutual promises and conditions

herein contained it is hereby agreed as follows:

(1) GENERAL PROVISIONS:

(a) Owner Operator, in its operations hereunder, shall secure all permits, licenses and approvals

necessary for the accomplishment of the work to be done hereunder and shall comply fully with

all applicable laws, rules, orders and regulation of all governments and agencies thereof, whether

federal, state or local, and shall furnish Carrier with satisfactory evidence thereof whenever

requested to do so. Among other things, Owner Operator shall provide to Federal Motor Carrier

Safety Administration certificate showing Owner Operator holds contract authority from such

commission covering the commodities and transportation routes to which this agreement relates,

and Owner Operator shall give immediate notice to Carrier of any cancellation or modification of

such authority. When transporting hazardous wastes, substances to or materials pursuant this

agreement, Owner Operator shall comply with all applicable federal, state and local hazardous

wastes, substances or materials laws and regulations and shall furnish Carrier with satisfactory

evidence thereof whenever requested to do so.

(b) The Owner Operator hereby agrees to deliver for the Carrier for transportation, not less than

the following amount: one shipment of freight of all kinds (FAK) during a period of

____________________. The Owner Operator further agrees, subject to availability and loading

tendered for transportation by Carrier.

provisions of Carrier’s tariff’s or service contracts applicable to such cargo. Cargo shall include

any containers in which goods are packed when received by Owner Operator hereunder.

(d) This agreement shall not be modified or altered unless in writing, signed by both parties to

this agreement.

(e) This contract shall terminate all previous contracts between the parties hereto relating to the

transportation Freight all kinds (FAK) and shall remain in full force and effect for the term of

this agreement.

(f) It is to be clearly understood and it is the intention of the parties hereto that Owner Operator

shall employ all persons operating trucks hereunder, that such persons shall be and remain the

employees of the Owner Operator, that the Owner Operator shall be an independent contractor of

the Carrier and that nothing herein contained shall be construed to be inconsistent with that

relation or status.

(g) It is further to be clearly understood that where the Owner Operator engages any

subcontractor for any portion of the work hereunder, such engagement will not alter the

relationship of the Owner Operator to the Carrier as an independent contractor and shall not

establish any relationship or obligation between Carrier and any subcontractor. Owner Operator

will continue to be solely responsible for compliance with or performance for any subcontractors

actually doing such work and will otherwise defend, indemnify and save harmless the Carrier, its

agents and servants from any such claims, liabilities, penalties and fines (whether criminal or

civil), judgments outlays and expenses (including attorney’s fees).

(h) Owner Operator shall defend, indemnify and save harmless the Carrier, its agents and servants

from any and all liabilities, penalties and fines (whether criminal or civil), judgments, outlays and

expenses (including attorney’s fees) resulting from Owner Operator’s failure or the failure of

Owner Operator’s agents, employees, subcontractors or representatives to comply with any

applicable laws and regulations, whether federal, state or local, or property arising out of the

performance of this agreement caused by the acts, failure to act or negligence of Owner Operator,

subcontractors, its agent, employees, or representatives.

(i) Owner Operator will assume all liability for and will otherwise defend, indemnify and save

harmless the Carrier, its agents or servants from any and all liabilities, penalties and fines

(whether criminal or civil). Judgments, outlays and expenses (including attorney’s fees) resulting

from any release or discharge of hazardous wastes, substances or materials that occurs during

transportation and Owner Operator will assume all responsibility and liability for cleanup of any

release or discharge of hazardous wastes, substances or materials that occurs during

transportation and will otherwise defend indemnify and save harmless the Shipper, its agents and

servants from any and all liabilities, penalties and fines (whether criminal or civil), judgments,

outlays and expenses (including attorney fees) resulting from the cleanup of any such release or

discharge.

(j) Owner Operator will defend, indemnify and save harmless the Carrier, its agents and servants

from any and all liabilities, penalties and fines (whether criminal or civil in nature), judgments,

outlays and expenses (including attorney’s fees) resulting from the Owner Operator’s failure or

the failure of Carrier’s agents, employees, subcontractors or representatives to perform any of the

terms, conditions, promises or covenants contained in this contract.

(k) Carrier shall have full responsibility for all payments, benefits, and rights of whatsoever

nature to or on behalf of any of its employees and to ensure that its subcontractor shall have the

same responsibility.

(l) It is further agreed by the parties hereto that Owner Operator is not to display the name of

Carrier upon or about any of the Owner Operator’s vehicles, without Carrier’s written consent.

(m) Any limitation on or exemption from liability in any tariff, receipt, bill of lading, or other

document issued by or on behalf of Owner Operator shall have no legal effect and shall not

otherwise apply with respect to shipments tendered by or on behalf of Carrier unless specifically

agreed in writing by the Owner Operator. Any limitations on or exemptions from liability

contained in a Owner Operator’s tariff, receipt, bill of lading, or other document issued in

conjunction with a specific shipment moving under this Contract shall have no legal effect and

shall not otherwise be applicable to such shipments.

2. RECEIPTS OF GOODS:

(a) Owner Operator agrees, upon receipt from Carrier of such quantities of Carrier’s goods as

may be tendered from time to time under this agreement by Carrier or by a third party on behalf

of Carrier to give Carrier a written receipt thereof, which shall be prima facie evidence of receipt

of such goods in good order and condition unless otherwise noted upon the face of such receipt;

and, in the case of transportation of hazardous wastes, substances or materials such written receipt

shall be prima facie evidence of receipt of such wastes, substances or materials in a condition and

manner which complies with all applicable laws and regulations, whether federal, state or local.

In the event that Owner Operator elects to use a tariff, bill of lading, manifest or other form of

freight receipt or contract, any terms, conditions and provisions of such bill of lading, manifest or

other form shall be subject and subordinate to the terms, conditions and provisions of this

Agreement, and in the event of a conflict between the terms, conditions and provisions of such

tariff, bill of lading, manifest or other form and this Agreement, the terms, conditions and

provisions of this Agreement shall govern.

(b) Owner Operator agrees to take signed receipts upon forms satisfactory to Carrier from all

persons to whom deliveries shall be made, which receipts shall be retained by Owner Operator for

at least two (2) years and shall be available for inspection and use of Shipper.

3. CARE AND CUSTODY OF MERCHANDISE:

(a) Owner Operator hereby assume the liability of an insurer of the prompt and safe transportation

of all goods entrusted to its care, and shall be responsible to Carrier for all loss or damage of

whatever kind and nature and howsoever, caused to any and all goods entrusted to Owner

Operator hereunder occurring, while same remains in the care, custody or control of Owner

Operator or to any other persons to whom the Owner Operator may have entrusted said goods and

before said goods are delivered as herein provided or returned to Carrier.

(b) On occasion, Owner Operator will be requested to transport reefer cargo refrigerated

containers. On all occasions, refrigerated containers must be transported with an attached

generator set (nose mounted or under-slung) unless specifically advised by Carrier in writing that

a generator set is not required. It is the Carrier’s responsibility to ensure a generator set is

attached and running properly at the assigned temperature at the time of interchange.

4. INSURANCE:

(a) Owner Operator agrees to be a motor Carrier member in good standing in the Uniform

Intermodal Interchange Agreement (UIIA). Owner Operator further agrees to comply with the

insurance requirements of the Federal Motor Carrier Safety Administration and the states through

which the Owner Operator operates. Owner Operator’s insurance coverage shall, at a minimum,

comply with the minimum requirements as stated in the UIIA.

(b) The Owner Operator agrees to carry cargo, personal injury, death, equipment and general

insurance and will promptly reimburse Carrier for the value of any goods (including containers)

lost or destroyed during the period of Owner Operator’s responsibility under clause (3) (a). All

such insurance shall be as additional insured.

each policy of insurance and renewals thereof or other satisfactory evidence that Owner Operator

has obtained insurance in compliance with the requirements and terms of this agreement.

(d) The Owner Operator will arrange with its broker and/or insurance Carrier(s) that notice of

coverage and limits will be sent directly to the UIIA, as well and cancellation notices and

amendments to coverage(s).

5. ASSIGNMENTS:

This contract cannot be assigned by Owner Operator without the written consent of Carrier.

6. COMPENSATION, COMMODITIES, TERRITORY:

(a) Acceptable rates and charges, rules and regulations, the commodities to be transported, and

the points from and to which they shall be transported, are to be furnished the Carrier, the Federal

Motor Carrier Safety Administration and other regulatory bodies as may be required, as set forth

in the rate schedule attached hereto and made a part hereof. Carrier agrees to pay Owner Operator

as full compensation for services to be performed by Carrier under said rules and regulations the

rates and charges set forth in the rate schedule, within sixty (60) days of invoice date.

(b) This agreement is to become effective upon signature by Carrier and Owner Operator.

7. CONFIDENTIALITY:

Owner Operator shall treat as confidential, and not to disclose to third parties, the terms of this

agreement or any information concerning the Carrier’s business including information regarding

suppliers, products and customers without in each instance obtaining Carrier’s written consent in

advance.

8. NOTICES:

All notices given pursuant to this agreement shall be given in writing by certified or registered

mail, return receipt requested, and addressed as directed by the parties from time to time.

CARRIER: ______________________________________________________________

9. APPLICABLE LAW:

To the extent state law applies, this

agreement shall be governed by and

interpreted in accordance with the laws

of the state of ____________________.

SIGNATURES

• OWNER OPERATOR

_______________________________

NAME

• CARRIER

_______________________________

NAME