Contents
The Owner Operator Lease Agreement form is a crucial document that outlines the relationship between a carrier and an owner operator in the transportation industry. It serves as a formal contract, detailing the responsibilities and expectations of both parties involved in the transportation of goods. This agreement specifies essential elements such as general provisions, including the requirement for the owner operator to secure necessary permits and comply with applicable laws. It also addresses the delivery obligations, stating that the owner operator must transport a minimum amount of freight during the specified period. Additionally, the agreement emphasizes the importance of liability, with the owner operator assuming responsibility for the safe transport of goods and any potential damages that may occur. Insurance requirements are also highlighted, ensuring that the owner operator maintains appropriate coverage throughout the duration of the agreement. Furthermore, the form includes clauses on confidentiality, compensation, and the process for providing notices, ensuring clear communication between both parties. By establishing these terms, the Owner Operator Lease Agreement helps to create a transparent and professional working relationship, ultimately contributing to the efficient operation of freight transportation.
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Similar forms
- Freight Broker Agreement: Similar to the Owner Operator Lease Agreement, this document outlines the relationship between a freight broker and a carrier. It specifies terms for transporting goods, including responsibilities and compensation.
- Independent Contractor Agreement: This document establishes the relationship between an independent contractor and a client. It details the scope of work, payment terms, and liability, much like the Owner Operator Lease Agreement.
- Bill of Lading: This document serves as a receipt for goods and a contract for transportation. It shares similarities in that it governs the terms of shipping and the responsibilities of the parties involved.
- Service Agreement: This agreement outlines the terms under which services will be provided. Like the Owner Operator Lease Agreement, it clarifies the obligations of each party and the conditions for service delivery.
- Lease Agreement: A standard lease agreement for equipment or property shares common elements, such as terms of use, responsibilities for maintenance, and liability for damages, similar to those found in the Owner Operator Lease Agreement.
- Transportation Agreement: This document governs the transportation of goods between parties. It includes terms on liability, compensation, and compliance, paralleling the provisions in the Owner Operator Lease Agreement.
- Subcontractor Agreement: This agreement outlines the terms between a contractor and a subcontractor. It addresses responsibilities and liabilities, akin to the Owner Operator's relationship with the Carrier.
- Insurance Policy: An insurance policy provides coverage terms and obligations. It is similar in that it defines responsibilities and liabilities, particularly regarding damages or losses during transportation.
- Boat Bill of Sale: This form is crucial for legally transferring ownership of a vessel. It includes vital information such as the buyer's and seller's details, a description of the boat, and the sale price. For more information, you can visit https://nypdfforms.com/boat-bill-of-sale-form/.
- Confidentiality Agreement: This document protects sensitive information shared between parties. It mirrors the confidentiality clause in the Owner Operator Lease Agreement, emphasizing the importance of protecting business information.
- Compliance Agreement: This outlines the obligations of parties to adhere to laws and regulations. It parallels the compliance requirements in the Owner Operator Lease Agreement, ensuring legal adherence in operations.
Document Example
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
Form Specs
| Fact Name | Description |
|---|---|
| Parties Involved | The agreement is between a Carrier and an Owner Operator, both of whom must be clearly identified in the document. |
| Permits and Compliance | The Owner Operator must secure all necessary permits and comply with federal, state, and local laws, including those from the Federal Motor Carrier Safety Administration. |
| Indemnification | The Owner Operator agrees to indemnify the Carrier against any liabilities, penalties, or fines resulting from the Owner Operator's actions or failures. |
| Governing Law | This agreement is governed by the laws of the state specified in the document, ensuring compliance with local regulations. |
Crucial Questions on This Form
What is an Owner Operator Lease Agreement?
An Owner Operator Lease Agreement is a contract between a carrier and an owner operator who provides transportation services using their own vehicle. This agreement outlines the terms and conditions under which the owner operator will transport goods for the carrier. It establishes the responsibilities of both parties, including compliance with regulations, liability for goods, and payment terms.
What are the key responsibilities of the Owner Operator?
The Owner Operator has several key responsibilities, including:
- Securing all necessary permits, licenses, and approvals for transportation.
- Complying with all applicable laws and regulations, including those related to hazardous materials.
- Providing written receipts for goods received and ensuring their safe transportation.
- Carrying appropriate insurance coverage as required by law and the agreement.
- Indemnifying the carrier against any liabilities arising from their actions or failures.
How is compensation determined in this agreement?
Compensation for the Owner Operator is based on the rates and charges specified in the attached rate schedule. The carrier agrees to pay the Owner Operator within sixty days of receiving an invoice for services rendered. The rates may vary depending on the type of cargo, distance, and other factors outlined in the agreement.
What happens if the Owner Operator needs to subcontract work?
If the Owner Operator chooses to subcontract any portion of the work, this does not change their independent contractor status with the carrier. The Owner Operator remains responsible for the performance and compliance of any subcontractors. They must also indemnify the carrier against any claims or liabilities arising from the subcontractor’s actions.
What are the confidentiality obligations in the agreement?
The Owner Operator is required to treat the terms of the agreement and any business-related information from the carrier as confidential. This includes details about suppliers, products, and customers. The Owner Operator must obtain written consent from the carrier before disclosing any such information to third parties.
Documents used along the form
The Owner Operator Lease Agreement is a crucial document in the transportation industry, outlining the relationship between the Carrier and the Owner Operator. Alongside this agreement, several other forms and documents are commonly utilized to ensure compliance and smooth operations. Below is a list of these documents, each serving a specific purpose in the transportation process.
- Bill of Lading: This document serves as a receipt for the goods being transported. It outlines the details of the shipment, including the type of cargo, destination, and the terms of transportation.
- Freight Receipt: A freight receipt is provided by the Owner Operator to confirm the receipt of goods from the Carrier. It acts as proof that the goods were received in good condition, unless otherwise noted.
- Insurance Certificate: This document provides evidence of the insurance coverage held by the Owner Operator. It ensures compliance with legal requirements and protects against potential liabilities during transportation.
- Tariff Document: A tariff document outlines the rates, charges, and rules associated with the transportation of goods. It is essential for establishing the cost structure for services rendered.
- USCIS I-864 Form: This form, also known as the Affidavit of Support, is essential for demonstrating a sponsor's financial capability to support an immigrant. More information can be found at https://freebusinessforms.org/.
- Vehicle Registration: This document verifies that the Owner Operator's vehicle is properly registered and compliant with state regulations. It is necessary for legal operation on public roads.
- Permits and Licenses: Various permits and licenses may be required depending on the type of cargo being transported. These documents ensure that the Owner Operator is authorized to carry specific goods.
- Subcontractor Agreement: If the Owner Operator engages subcontractors, this agreement outlines the terms of their relationship and responsibilities, maintaining the independent contractor status.
- Confidentiality Agreement: This document is used to protect sensitive information shared between the Carrier and Owner Operator. It prevents unauthorized disclosure of business details.
Each of these documents plays a vital role in the transportation process, ensuring that both parties understand their rights and responsibilities. Proper management of these forms can help mitigate risks and enhance operational efficiency.
Misconceptions
1. Owner Operators are employees of the Carrier. This is a common misconception. In fact, Owner Operators are independent contractors. They are responsible for their own operations and employees, maintaining a separate business identity.
2. The Owner Operator Lease Agreement is a standard form that cannot be modified. While it may seem like a standard document, the agreement can be modified. Any changes must be made in writing and signed by both parties.
3. Owner Operators are not responsible for permits and licenses. On the contrary, Owner Operators must secure all necessary permits, licenses, and approvals for their operations. They must also comply with all applicable laws and regulations.
4. Insurance requirements are optional. This is incorrect. Owner Operators are required to carry specific types of insurance, including cargo and liability coverage, as outlined in the agreement.
5. The Carrier is responsible for all liabilities during transportation. This is a misconception. The Owner Operator assumes liability for the goods they transport, including any loss or damage that occurs while in their care.
6. The Owner Operator can assign the agreement to another party. This is not true. The Owner Operator cannot assign the lease agreement without the written consent of the Carrier.
7. There are no consequences for failing to comply with the agreement. In reality, failing to comply with the terms can lead to legal liabilities and penalties for the Owner Operator.
8. The Carrier can change rates and terms without notice. This is a misconception. Any changes to rates and terms must be communicated and agreed upon by both parties in writing.
9. The Owner Operator can display the Carrier's name on their vehicles without permission. This is incorrect. The Owner Operator must obtain written consent from the Carrier before displaying their name on any vehicles.