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Towing Services Agreement
1. Parties. This Towing Services Agreement is made as of [date], between [name], at [address], hereinafter referred to as "Towing Company", and [name], at [address], hereinafter referred to as "Vehicle Owner".
2. The Towing Company agrees to transport the Owner's Vehicle on [Date].
3. The Towing Company agrees that their driver's will act and conduct themselves in a professional manner taking every care possible of the Owner's Vehicle from its initial pick-up until its final destination.
Description of Vehicle:
Make of Vehicle:
Estimated Time Of Arrival:
Vehicle Registration #:
Origin & Destination:
Estimated miles covered during towing: [--].
4. The Owner to Hold the Towing Company harmless from damages and claims arising out of the transportation of the Owner's Vehicle. The Owner will indemnify the Towing Company and hold the Towing Company harmless against any losses, damages, claims, or expenses arising out of the Towing Company's method of transportation of the Owner's Vehicle. This provision will survive the termination of this Towing Services Agreement, regardless of the reason for termination.
5. The Towing Company shall diligently attempt to tow the Owner's Vehicle upon the schedule provided above in strict accordance with all applicable state(s) regulations and its licenses to operate as a towing company. However, at the Towing Company's sole discretion, any scheduled tow cannot be safely accomplished due to weather, regulatory or other operational conditions, the Towing Company shall not be required to commence the towing of the Owner's Vehicle (such conditions preventing operation due to weather, regulatory or other conditions shall be referred to as "operational conditions.")
6. The Towing Company shall at all times maintain insurance together with public liability insurance with minimum limits of [$------] in the state of [State], and shall provide proof of such coverage to the Owner upon request. The Owner shall indemnify and hold the harmless the Towing Company for all liability related issues relating to its operations.
7. The Towing Company shall receive a fee of [$-------] per tow. In the event that any tow is canceled due to operational conditions, the Towing Company shall contact the Owner of the Vehicle for possible rescheduling. Other than not being paid, the Towing Company shall not be liable to the Owner of the Vehicle for any failure caused by operational conditions. Said fee shall be paid on a daily/weekly/monthly basis.
8. Insurance. In the event of vehicle damage caused while in tow shall be borne by Owner. The Owner, at the Owners sole expense, shall obtain insurance against loss or damage to the vehicle by reason of collision and by reason of the other risks included in the standard extended coverage provisions of insurance in amounts agreeable by the Towing Company. The policies shall be issued by insurance companies qualified to do business in the state in which the vehicle is located. Losses, if any, shall be payable to Owner. The insurance policies or satisfactory evidence of insurance shall be delivered to the Towing Company. The Owner's failure to obtain or maintain insurance shall constitute a default under this Towing Agreement.
9. Transfer Of Rights. This Agreement shall be binding on any successors of the parties.
10. Arbitration. Any disputes pertaining to said agreement being affairs that cannot be settled amicably shall be submitted to an arbitrator under the Rules of the Australian Arbitration Association or like organisation in the City of [city], whose award may be reduced to judgment in any court of competent jurisdiction.
11. Amendment. This Agreement may be modified or amended, if the amendment is made in writing and is signed by both parties.
12. Severability. If any provision of this Agreement shall be held to be invalid or unenforceable for any reason, the remaining provisions shall continue to be valid and enforceable. If a court finds that any provision of this Agreement is invalid or unenforceable, but that by limiting such provision it would become valid or enforceable, then such provision shall be deemed to be written, construed, and enforced as so limited.
13. Waiver Of Contractual Right. The failure of either party to enforce any provision of this Agreement shall not be construed as a waiver or limitation of that party's right to subsequently enforce and compel strict compliance with every provision of this Agreement.
14. No Representations. Neither party has made any representations nor promises, other than those contained in this agreement or in some further writing signed by the party making the representation or promise.
15. Interpretation. This Agreement will in all events be construed as a whole, according to its fair meaning, and not strictly for or against either party. The headings, captions, and titles in this legal Agreement are merely for reference and do not define, limit, extend, or describe the scope of this Agreement or any provision herein. Unless the context requires otherwise, (a) the gender (or lack of gender) of all words used in this Agreement includes the masculine, feminine, and neuter, and (b) the word including means including without limitation.
16. Invalid Provisions. If any provision of this Agreement is held to be illegal, invalid, or unenforceable under any present or future law, then that provision will be fully severable. This Agreement will be construed and enforced as if the illegal, invalid, or unenforceable provision had never comprised a part of this Agreement, and the remaining provisions of this Agreement will remain in full force and effect and will not be affected by the illegal, invalid, or unenforceable provision or by its severance from this Agreement. Furthermore, in lieu of each such illegal, invalid, or unenforceable provision, there will be added automatically, as a part of this Agreement, a provision as similar in terms to such illegal, invalid, or unenforceable provision as may be possible and be legal, valid and enforceable.
17. Further Assurances. In connection with this Agreement and the transactions contemplated hereby, each party to this Agreement will execute and deliver any additional documents and perform any additional acts that may be necessary or appropriate to effectuate and perform its obligations under this Agreement and the transactions contemplated hereby.
18. Entire Agreement. This Agreement contains the entire agreement of the parties and there are no other promises or conditions in any other agreement whether oral or written. This Agreement supersedes any prior written or oral agreements between the parties.
19. Applicable Law. This Towing Services Agreement shall be governed by the laws of the State of [State].
*** I HAVE READ THIS AGREEMENT AND AGREE TO ALL OF THE TERMS ***
[The Towing Company]
[title (if applicable)]