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Owner Operator Lease Agreement Preview
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.
(c)All such cargo shall be transported hereunder in accordance with this agreement and the 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
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.
(c)The Owner Operator agrees to provide the UIIA with appropriate certification and a copy of 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
Documents used along the form
The Owner Operator Lease Agreement is a critical document in the transportation industry, outlining the relationship between the Carrier and the Owner Operator. Several other forms and documents are often used alongside this agreement to ensure compliance, clarify responsibilities, and facilitate smooth operations. Below is a list of these documents, each with a brief description.
- Bill of Lading: This document serves as a receipt for goods and a contract for transportation. It details the type, quantity, and destination of the cargo being transported.
- Transfer-on-Death Deed: This document allows property owners to designate beneficiaries who will receive their real estate upon their death, bypassing the probate process. For more information, visit transferondeathdeedform.com/district-of-columbia-transfer-on-death-deed/.
- Freight Manifest: A detailed list of cargo being transported, the freight manifest helps track shipments and ensures all items are accounted for during transit.
- Insurance Certificate: This document verifies that the Owner Operator has the necessary insurance coverage, as required by law and the terms of the lease agreement.
- Tariff: A tariff outlines the rates, charges, and rules applicable to the transportation services provided. It helps establish the financial terms of the agreement.
- Receipt of Goods: This document is signed by the Owner Operator upon receiving goods from the Carrier, confirming that the items are in good condition.
- Subcontractor Agreement: If the Owner Operator engages subcontractors, this agreement defines the terms and responsibilities of those subcontractors in relation to the Carrier.
- Compliance Documents: These include various permits and licenses required for operation, ensuring that the Owner Operator meets all regulatory requirements.
- Indemnity Agreement: This document outlines the responsibilities of the Owner Operator to protect the Carrier from legal claims arising from the Owner Operator's actions.
- Termination Notice: A formal document used to notify the other party of the intent to terminate the lease agreement, specifying the reasons and effective date of termination.
Each of these documents plays a vital role in the overall operation of the Owner Operator Lease Agreement. Understanding their purpose can help both parties maintain a clear and effective working relationship.
Similar forms
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Lease Agreement: Similar to the Owner Operator Lease Agreement, a general lease agreement outlines the terms under which one party leases property or equipment from another. Both documents establish responsibilities, rights, and obligations of the parties involved, ensuring clarity in the leasing relationship.
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Independent Contractor Agreement: This document defines the relationship between a business and an independent contractor. Like the Owner Operator Lease Agreement, it specifies the scope of work, compensation, and the independent status of the contractor, emphasizing that they are not employees of the hiring party.
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Bill of Lading: A bill of lading serves as a receipt for goods and a contract for transportation. It shares similarities with the Owner Operator Lease Agreement in that both documents require acknowledgment of receipt and outline the responsibilities for the handling of goods during transportation.
- IRS W-9 Form: The IRS W-9 form is essential for businesses to collect accurate taxpayer identification information from freelancers and independent contractors. Completing the form properly is crucial for compliance and smooth transactions; for further details, you can refer to https://legalpdfdocs.com/.
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Service Agreement: A service agreement details the terms under which services are provided between parties. Much like the Owner Operator Lease Agreement, it establishes the expectations, duties, and compensation for services rendered, ensuring both parties understand their commitments.
Misconceptions
- Misconception 1: Owner Operators are employees of the Carrier.
- Misconception 2: The Owner Operator Lease Agreement is a standard contract with no variations.
- Misconception 3: Owner Operators do not need any special permits or licenses.
- Misconception 4: The Carrier is liable for any damages during transportation.
- Misconception 5: The Owner Operator can modify the agreement at any time.
- Misconception 6: Owner Operators can display the Carrier's name on their vehicles without permission.
- Misconception 7: Insurance requirements are optional for Owner Operators.
- Misconception 8: Owner Operators can assign their contract to anyone.
This is not true. The Owner Operator is considered an independent contractor. They are responsible for their own employees and operations, maintaining a distinct separation from the Carrier.
In reality, each agreement can differ based on the specific terms negotiated between the Carrier and the Owner Operator. It’s crucial to review the details carefully.
This is incorrect. Owner Operators must secure all necessary permits and licenses to operate legally. They are responsible for compliance with federal, state, and local regulations.
Actually, the Owner Operator assumes liability for all goods during transportation. They must ensure the safe delivery of the cargo and are responsible for any loss or damage.
This is a misunderstanding. Any modifications to the agreement must be in writing and signed by both parties. Oral changes are not legally binding.
This is false. Owner Operators need written consent from the Carrier before displaying their name on any vehicles. This helps maintain brand integrity and legal compliance.
On the contrary, insurance is mandatory. Owner Operators must comply with specific insurance requirements to protect themselves and the Carrier from potential liabilities.
This is not allowed without written consent from the Carrier. The contract is personal and cannot be transferred to another party without approval.
Understanding Owner Operator Lease Agreement
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What is an Owner Operator Lease Agreement?
An Owner Operator Lease Agreement is a legal document that outlines the relationship between a carrier and an owner operator in the transportation industry. This agreement specifies the terms and conditions under which the owner operator will transport goods for the carrier. It includes details such as the responsibilities of both parties, payment terms, insurance requirements, and compliance with applicable laws and regulations.
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What are the key responsibilities of the Owner Operator?
The Owner Operator has several crucial responsibilities under this agreement. They must secure all necessary permits and licenses for their operations and ensure compliance with federal, state, and local laws. Additionally, they are responsible for delivering a specified amount of freight and must provide written receipts upon receipt of goods. The Owner Operator must also maintain insurance coverage that meets regulatory requirements and assumes liability for any loss or damage to the goods during transportation.
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How is compensation structured in this agreement?
Compensation for the Owner Operator is typically outlined in a rate schedule attached to the agreement. The carrier agrees to pay the owner operator for their services based on the rates and charges specified in this schedule. Payment is usually made within sixty days of the invoice date. This structure ensures that both parties have a clear understanding of the financial aspects of their relationship.
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Can the Owner Operator assign the contract to another party?
No, the Owner Operator cannot assign the contract to another party without the written consent of the Carrier. This provision protects the Carrier's interests by ensuring that they maintain control over who is responsible for transporting their goods. Any attempt to transfer obligations or rights under the agreement without consent could lead to legal complications.
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What happens if there is a breach of the agreement?
If either party breaches the agreement, the other party may have the right to seek remedies, which could include damages or termination of the contract. The agreement typically includes clauses that outline the obligations of both parties, including indemnification provisions, which protect the Carrier from liabilities arising from the Owner Operator's actions. Therefore, it's essential for both parties to adhere to the terms to avoid disputes.