Forms Online

Forms Online
Homepage → Fill Out a Valid Owner Operator Lease Agreement Form
Structure

The Owner Operator Lease Agreement form serves as a crucial document in the transportation industry, outlining the relationship between a carrier and an owner operator engaged in the movement of freight. This agreement establishes the responsibilities and obligations of both parties, ensuring compliance with federal, state, and local regulations. Key elements include provisions for securing necessary permits and licenses, delivering freight, and maintaining liability for goods during transit. The agreement also delineates the independent contractor status of the owner operator, while emphasizing the importance of insurance coverage to protect against potential losses. Additionally, it addresses confidentiality concerns and the process for modifying the agreement. By clearly defining the terms of service, including compensation rates and the handling of hazardous materials, the Owner Operator Lease Agreement form facilitates a structured and legally sound framework for freight transportation operations.

Common mistakes

  1. Incomplete Information: Failing to fill in all required fields can lead to delays or complications. Ensure that all blanks are completed, including dates and names of both parties.

  2. Incorrect Dates: Entering an incorrect date can invalidate the agreement. Double-check that the date of signing is accurate and reflects the intended timeline.

  3. Missing Signatures: Both parties must sign the agreement. Neglecting to obtain the necessary signatures can render the document unenforceable.

  4. Improper Documentation: Not providing required permits or licenses can lead to legal issues. Ensure all necessary documentation is attached and valid.

  5. Ignoring Terms and Conditions: Failing to read and understand the terms can result in misunderstandings. Review the entire agreement thoroughly before signing.

  6. Omitting Insurance Information: Not including proof of insurance coverage may violate the agreement's requirements. Confirm that insurance details are complete and accurate.

  7. Misunderstanding Liability Clauses: Overlooking liability responsibilities can lead to unexpected financial burdens. Clarify any ambiguous language regarding liabilities.

  8. Neglecting to Keep Copies: Failing to retain a signed copy for personal records can cause issues later. Always keep a copy of the signed agreement for your files.

Preview - Owner Operator Lease Agreement 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.

(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 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.

(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

Other PDF Templates

Da Form 4886 - This document is mandated by government regulations to ensure proper tracking.

To further clarify the importance of this transaction, it is advisable for both parties to utilize a standardized form, such as the Mobile Home Bill of Sale, which not only protects their rights but also securely documents the entire process of transferring ownership of the mobile home.

Can I9 Be Signed Electronically - Commonly accepted documents for the I-9 include passports, driver's licenses, and Social Security cards.

Documents used along the form

When entering into an Owner Operator Lease Agreement, several additional forms and documents are often necessary to ensure compliance and clarity. Here’s a brief overview of these important documents:

  • Bill of Lading: This document serves as a receipt for the goods being transported. It outlines the details of the shipment, including the type and quantity of goods, and is signed by the carrier upon receipt.
  • Insurance Certificate: This certificate provides proof that the Owner Operator has the necessary insurance coverage as required by law and the terms of the lease agreement.
  • Tariff Schedule: This document lists the rates and charges for transportation services. It is essential for establishing the financial terms of the agreement.
  • Freight Receipt: This is a document that confirms the delivery of goods. It must be signed by the recipient and retained by the Owner Operator for record-keeping.
  • Subcontractor Agreement: If the Owner Operator engages subcontractors, this agreement outlines the terms of their engagement, ensuring compliance with the lease agreement and protecting the interests of all parties.
  • Trailer Bill of Sale Form: To ensure proper documentation of trailer transactions, refer to our essential Trailer Bill of Sale form resources for a smooth transfer of ownership.
  • Compliance Documentation: This includes all necessary permits and licenses required for operation. It demonstrates that the Owner Operator is compliant with federal, state, and local regulations.

Utilizing these documents alongside the Owner Operator Lease Agreement helps to create a clear understanding of responsibilities and expectations, ultimately fostering a smoother working relationship between the parties involved.

Similar forms

The Owner Operator Lease Agreement shares similarities with a Freight Brokerage Agreement. Both documents outline the relationship between parties involved in the transportation of goods. In a Freight Brokerage Agreement, a broker arranges for the transportation of freight on behalf of a shipper, while the Owner Operator Lease Agreement establishes a direct relationship between the carrier and the owner-operator. Each agreement includes provisions for liability, payment terms, and compliance with applicable regulations, ensuring that both parties understand their responsibilities in the transportation process.

Another document comparable to the Owner Operator Lease Agreement is the Independent Contractor Agreement. This type of agreement delineates the relationship between a business and an independent contractor, similar to how the Owner Operator is recognized as an independent contractor to the Carrier. Both agreements emphasize the independence of the contractor, outline payment structures, and detail the obligations of each party, including compliance with laws and regulations relevant to their operations.

The Bill of Lading is also similar to the Owner Operator Lease Agreement in that it serves as a contract between the shipper and the carrier. While the Owner Operator Lease Agreement governs the relationship between the Carrier and the Owner Operator, the Bill of Lading documents the specifics of the shipment, including the type of goods, destination, and terms of transportation. Both documents address liability issues and the responsibilities of the parties involved, ensuring that all parties are clear on their roles during the shipping process.

A Warehouse Receipt is another document that bears resemblance to the Owner Operator Lease Agreement. It acts as a receipt for goods stored in a warehouse and outlines the terms under which the goods are held. Similar to the Owner Operator Lease Agreement, it includes provisions regarding liability and the responsibilities of the parties involved. Both documents are essential in the logistics chain, ensuring that goods are managed and transported according to agreed-upon terms.

In the realm of legal agreements, understanding the nuances of various documents is essential, including the Hold Harmless Agreement form, which serves to protect parties involved from liability risks associated with specific situations. Just as the Owner Operator Lease Agreement clarifies the relationship between carriers and operators, this form outlines obligations and expectations to mitigate potential disputes and enhance collaboration in various ventures.

The Equipment Lease Agreement is also akin to the Owner Operator Lease Agreement, as it details the terms under which equipment is leased for transportation purposes. In both cases, the agreements specify the responsibilities of the parties involved, including maintenance and liability for damages. This ensures that the equipment is used properly and that any issues arising from its use are clearly addressed, just as the Owner Operator Lease Agreement does for the transportation of goods.

Another relevant document is the Service Agreement, which outlines the terms of service between two parties. Like the Owner Operator Lease Agreement, it details the scope of work, payment terms, and obligations of each party. Both agreements aim to clarify expectations and responsibilities, ensuring that both parties are on the same page regarding the services to be provided and the conditions under which they will be performed.

Finally, the Non-Disclosure Agreement (NDA) shares similarities with the confidentiality provisions found in the Owner Operator Lease Agreement. Both documents aim to protect sensitive information shared between parties. While the NDA focuses specifically on confidentiality, the Owner Operator Lease Agreement includes confidentiality clauses that prevent the disclosure of proprietary information related to the Carrier's business. Both agreements are crucial in maintaining trust and safeguarding business interests.

Dos and Don'ts

When filling out the Owner Operator Lease Agreement form, consider the following guidelines to ensure accuracy and compliance:

  • Read the entire agreement carefully. Understanding all terms and conditions is crucial before signing.
  • Provide accurate information. Ensure that all names, dates, and details are correct to avoid future disputes.
  • Secure necessary permits. Confirm that all required licenses and permits are obtained before starting operations.
  • Use clear language. Avoid ambiguous terms that could lead to misinterpretation.
  • Keep copies of all documents. Maintain a record of the signed agreement and any related correspondence.
  • Do not rush the process. Take the time needed to review each section thoroughly.
  • Do not omit details. Ensure all required fields are filled out completely.
  • Do not ignore local regulations. Be aware of and comply with any state or local laws that may apply.
  • Do not sign without understanding. If there are unclear terms, seek clarification before proceeding.

Key takeaways

Filling out and using the Owner Operator Lease Agreement form requires attention to detail and a clear understanding of the responsibilities involved. Here are some key takeaways to consider:

  • Permits and Compliance: Owner Operators must secure all necessary permits and licenses. Compliance with federal, state, and local laws is essential.
  • Independent Contractor Status: Owner Operators are considered independent contractors. This status affects liability and employment relationships.
  • Delivery Commitments: The Owner Operator agrees to deliver a minimum amount of freight within a specified timeframe.
  • Receipt of Goods: A written receipt must be provided for all goods received. This serves as proof of receipt and condition.
  • Liability for Goods: Owner Operators assume liability for loss or damage to goods during transportation. This includes ensuring proper care and custody.
  • Insurance Requirements: Adequate insurance coverage is mandatory. This includes cargo, personal injury, and general liability insurance.
  • Confidentiality Obligations: The terms of the agreement and any business information must be kept confidential unless consent is obtained from the Carrier.
  • Written Modifications: Any changes to the agreement must be documented in writing and signed by both parties.

How to Use Owner Operator Lease Agreement

Completing the Owner Operator Lease Agreement form requires careful attention to detail. This document serves as a critical foundation for the relationship between the Carrier and the Owner Operator. Ensuring accuracy and clarity in filling out the form will help prevent misunderstandings and establish clear expectations for both parties.

  1. Begin by entering the date at the top of the form where indicated: "this ____ day of ______________ 20___."
  2. In the first blank, write the name of the Carrier.
  3. In the second blank, write the name of the Owner Operator.
  4. Specify the period for which the Owner Operator agrees to deliver shipments in the blank provided: "not less than the following amount: one shipment of freight of all kinds (FAK) during a period of ____________________."
  5. Fill in the details regarding the territory, commodities, and rates in accordance with the attached rate schedule.
  6. Ensure that both parties sign and print their names at the end of the document where indicated.
  7. Provide the state name that will govern the agreement in the section labeled "Applicable Law."
  8. Make sure to review the entire document for accuracy before submitting.