Owner/Operator Lease Agreement
AGREEMENT made this ______ day of ______ between:
Howling Pigs LLC, hereinafter referred to as LESSEE, located at Boaz AL
and
OWNER OPERATOR, located at ______.
WITNESSETH:
- LESSEE is a motor contract carrier of property authorized by the Federal Highway Administration by Permit No. MC 1505181 to provide transportation of property under contract with shippers and receivers of general commodities.
- OWNER OPERATOR is the owner of the tractor and trailer equipment described in Appendix "A" and is duly authorized and empowered to execute this agreement.
NOW THEREFORE, in consideration of the representation made herein, the parties agree as follows:
- The LESSEE hereby leases the equipment and services of OWNER OPERATOR, owned and described in Appendix "A". OWNER OPERATOR certifies that equipment meets U.S. Department of Transportation (DOT) safety requirements.
- Possession of equipment will be transferred under the terms of this lease from OWNER OPERATOR to LESSEE beginning at execution and continue until cancellation is served by either party in writing.
- During the lease, LESSEE shall have exclusive possession, control, and use of the equipment, and shall assume complete responsibility for its operation.
- OWNER OPERATOR agrees to comply with all safety regulations required by DOT and various States.
- LESSEE agrees to compensate OWNER OPERATOR by the load, depending on the job contract.
- Payment will be weekly from Monday to Monday. Deductions include:
- 3% for Factoring
- $300 for Insurance
- 12% MC fees
Total deductions: 15% + $300
- OWNER OPERATOR is responsible for providing all fuel, meals, lodging, repairs, maintenance, tolls, etc. LESSEE may deduct any costs they cover from compensation.
- The DRIVER is responsible for retrieving and delivering loads as specified.
- OWNER OPERATOR shall notify LESSEE immediately of any accidents.
- OWNER OPERATOR shall be liable for loss or damage to cargo and third parties resulting from negligent acts.
- This agreement establishes an independent contractor relationship - no employer-employee relationship exists.
- This lease may be canceled upon written notice by either party.
Non-Tolerance Clause:
Our company is dedicated to maintaining an excellent reputation and strong relationships. This agreement ensures smooth operations by upholding high standards.
- Jeopardizing Operations: Any action that puts company operations at risk (quitting loads, stealing, unprofessional behavior) will result in immediate termination.
- Accountability: OWNER OPERATOR will be held fully accountable for any damages to the company.
- Withholding Payments: Company may withhold payments during investigation of violations.
- Acknowledgment: By signing, OWNER OPERATOR agrees to these terms.
Additional Terms:
- This AGREEMENT remains in effect for one year, renewable annually, with right to cancel with notice.
- Howling Pigs will pay 85% of gross weekly revenue to OWNER OPERATOR.
- Deductions for truck condition, delay, etc. may be applied.
- No taxes or benefits will be withheld - OWNER OPERATOR is an independent contractor (1099).
HOLD HARMLESS AGREEMENT
OWNER OPERATOR agrees to hold Howling Pigs harmless from any claims arising from unauthorized passengers.
STATEMENT OF OWNER/OPERATOR STATUS
OWNER OPERATOR certifies as a sole proprietor not subject to Worker's Compensation law.
- I am a sole proprietorship with no employees
- I own and operate the truck used
- I pay my own business expenses
- I am not subject to Worker's Compensation act
By signing below, you agree to all terms and conditions outlined in this agreement.