Contract for Vehicle Towing and Storage Services

Contract for Vehicle Towing, Wrecker and Storage Services

Agreement made on the (date), between (Name of Vehicle Owner), of (street address, city, county, state, zip code), referred to herein as Owner, and , a corporation organized and existing under the laws of the state of , with its principal office located at (street address, city, county, state, zip code), referred to herein as Towing Service.

For and in consideration of the mutual covenants contained in this Agreement, and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties agree as follows:

1. Description of Vehicle

Towing Service agrees to take possession of and store, in its storage facility located at (street address, city, state, zip code), that certain motor vehicle described as follows:

A. Manufacturer: ;

B. Make and/or Model: ;

C. Vehicle I. D. Number: ;

D. Vehicle License Number: ;

E. Color of Vehicle: ;

2. Consideration and Terms of Towing and Wrecker

A. Towing Fees

1. Use of Flat Back Wrecker $.

2. Use of Wheel-Lift Wrecker $.

3. Towing Trucks or Vans (Over 8,000 lbs.) $.

4. Mileage Rate (round trip) $ per mile.

5. Mileage Rate (round trip) for Trucks or Vans (Over 8,000 lbs.) $ per mile.

6. Surcharge for towing between 10 P.M and 7 A.M $ .

B. Road Service

1. Jump Start $.

2. Flat Tire Change $.

3. Surcharge for towing between 10 P.M and 7 A.M $ .

4. Towing abandoned or illegally parked vehicle (at owner’s expense) $ .

5. Winch-Out Services (per hour) $ .

C. Other Charges

1. Key pick-up charge $ .

2. Parking Fee per day $ .

4. Roadside Cleanup for Wreck $ .

Storage

3. Declared Value of Vehicle by Owner. Owner hereby declares, warrants and represents that to the best of Owner's knowledge and belief, the fair market value of the Vehicle, as of the date of this Agreement, is $.

4. Limitation of Liability. Towing Service assumes no liability for loss, damage, or destruction, of any kind to the Vehicle, whether due to collision, fire, theft, or otherwise, except any damage directly attributable to the negligence of Towing Service. If the Vehicle is lost, destroyed or damaged during the term of this Agreement and while in storage with Towing Service, and the fault or negligence of Towing Service is established with respect to such loss, destruction or damage, Towing Service liability is limited to the lesser of the fair retail used-car value of the Vehicle as of the date of this Agreement or the value of the Vehicle as declared in Paragraph 2 above. Towing Service assumes no liability for damage due to faulty mechanical condition of the Vehicle or any negligence attributable to the Owner, or for loss of any articles left in the Vehicle, or for loss of use of the Vehicle.

5. Insurance. Owner agrees to insure the Vehicle, at Owner's expense, at the value of the Vehicle declared in Paragraph 2 above, by securing and maintaining motor vehicle insurance from an insurer licensed and admitted in , which insurance includes collision and comprehensive coverage, for any loss or damage occasioned by theft, fire, vandalism, acts of god, and collision. Owner shall provide Towing Service with acceptable evidence of such insurance including an original certificate of insurance providing for notice to Towing Service of at least 30 days prior to cancellation or expiration of such insurance. If Owner fails to maintain such insurance for the Vehicle while in storage with Towing Service, Towing Service, may, in its sole discretion, and without any obligation to so do, insure the Vehicle at Owner's expense. Owner shall be responsible to reimburse Towing Service for all such costs of insurance. OWNER ACKNOWLEDGES AND UNDERSTANDS THE VEHICLE ABOVE DESCRIBED IS NOT INSURED OR PROTECTED TO THE AMOUNT OF ITS ACTUAL CASH VALUE, OR IN ANY AMOUNT, AGAINST LOSS FROM THEFT, FIRE, COLLISION, VANDALISM, OR OTHERWISE, WHILE IN THE POSSESSION OF HST. THE OWNER ASSUMES FULL RISK AND RESPONSIBILITY FOR INSURING THE VEHICLE AGAINST ANY SUCH LOSS.

6. Condition and Use of Vehicle. Towing Service agrees to keep the Vehicle in as food condition as it was in when received and to deliver the Vehicle to Owner at the termination of this Agreement in that condition, normal wear and tear expected. Towing Service will not service or maintain the Vehicle, in any way, including, but without limitation, washing, battery charging or tire inflation, while in storage with Towing Service. All service, maintenance and repair shall be the sole and exclusive responsibility of the Owner. The purpose of this Agreement is for towing and Vehicle storage only. Owner may not use the Towing Service facility for any other purpose including, without limitation, the storage of anything other that a vehicle, repair or maintenance of the Vehicle, and servicing of the Vehicle. Owner expressly withholds permission for Towing Service to use the Vehicle during the term of this Agreement, with the exception of the use of the Vehicle for the express purpose of placing the Vehicle in storage or retrieving the Vehicle from storage.

7. Delivery of the Vehicle. At the termination of this Agreement, Towing Service shall hold the Vehicle for a period of five (5) days before the Vehicle shall become subject to the vehicle lien sale proceedings and charges.

8. Late Charges. A late charge equal to (e.g., ten percent) of the monthly storage fee shall be imposed if any sums due for the storage of the Vehicle are not received by Towing Service on or before days when due.

9. Owner’s Retrieval of Vehicle During Storage. Owner may retrieve from and return the Vehicle to storage twice monthly without incurring any additional charges. An inventory charge of $ shall be imposed each time the Vehicle is removed from storage in excess of twice monthly. Whenever the Vehicle is removed from or returned to storage it shall be inventoried and Owner shall be required to sign the necessary inventory documents upon each such removal from and return to storage. Towing Service reserves the right to, but shall not be obligated to, photograph or video tape the Vehicle at any time to document the physical condition of the Vehicle. Towing Service shall require presentation of proper picture identification of any person, including Owner, before retrieval of the Vehicle from storage.

10. Retrieval of the Vehicle by Persons other than Owner. Except as specifically set forth herein no person other than Owner shall be authorized to retrieve the Vehicle from storage. Owner hereby authorizes the following person(s) to retrieve the Vehicle from storage:

11. Hours of Operation. The Vehicle may be retrieved from or returned to storage at any time during regular business hours which are between (time) and (time) daily, Monday through Sunday. By prior appointment only, the Vehicle may be retrieved from or returned to storage after regular business hours.

12. Change of Storage Fees. Any fees relating to the storage of the Vehicle are subject to change upon thirty (30) days written notice mailed to Owner at the above address, provided, however, that such fees shall not be increased during the first six (6) months of this Agreement. Additionally, such storage fees shall not be increased for any period, up to a maximum of six (6) months, in which Owner has pre-paid storage fees.

13. Proof of Ownership. Upon execution of this Agreement Owner shall provide to Towing Service satisfactory proof of ownership of the Vehicle. If any person other than the registered owner of the Vehicle is placing the Vehicle in storage, Towing Service shall be provided with satisfactory proof of written permission from the registered owner that such person is authorized to place the Vehicle in storage. The form of such written permission shall be satisfactory to Towing Service and shall include, but not be limited to, a notarized writing signed by the Owner along with satisfactory proof of ownership.

14. General. No hazardous or noxious materials may be stored in the Vehicle.

15. Severability

The invalidity of any portion of this Agreement will not and shall not be deemed to affect the validity of any other provision. If any provision of this Agreement is held to be invalid, the parties agree that the remaining provisions shall be deemed to be in full force and effect as if they had been executed by both parties subsequent to the expungement of the invalid provision.

16. No Waiver

The failure of either party to this Agreement to insist upon the performance of any of the terms and conditions of this Agreement, or the waiver of any breach of any of the terms and conditions of this Agreement, shall not be construed as subsequently waiving any such terms and conditions, but the same shall continue and remain in full force and effect as if no such forbearance or waiver had occurred.

17. Governing Law

This Agreement shall be governed by, construed, and enforced in accordance with the laws of the State of .

18. Notices

Any notice provided for or concerning this Agreement shall be in writing and shall be deemed sufficiently given when sent by certified or registered mail if sent to the respective address of each party as set forth at the beginning of this Agreement.

19. Attorney’s Fees

In the event that any lawsuit is filed in relation to this Agreement, the unsuccessful party in the action shall pay to the successful party, in addition to all the sums that either party may be called on to pay, a reasonable sum for the successful party's attorney fees.

20. Mandatory Arbitration

Any dispute under this Agreement shall be required to be resolved by binding arbitration of the parties hereto. If the parties cannot agree on an arbitrator, each party shall select one arbitrator and both arbitrators shall then select a third. The third arbitrator so selected shall arbitrate said dispute. The arbitration shall be governed by the rules of the American Arbitration Association then in force and effect.

21. Entire Agreement

This Agreement shall constitute the entire agreement between the parties and any prior understanding or representation of any kind preceding the date of this Agreement shall not be binding upon either party except to the extent incorporated in this Agreement.

22. Modification of Agreement

Any modification of this Agreement or additional obligation assumed by either party in connection with this Agreement shall be binding only if placed in writing and signed by each party or an authorized representative of each party.

23. Assignment of Rights

The rights of each party under this Agreement are personal to that party and may not be assigned or transferred to any other person, firm, corporation, or other entity without the prior, express, and written consent of the other party.

24. In this Agreement, any reference to a party includes that party's heirs, executors, administrators, successors and assigns, singular includes plural and masculine includes feminine.

WITNESS our signatures as of the day and date first above stated.