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Private Property Towing Service Agreement to Remove Illegally Parked
or Unauthorized Vehicles from Property
Agreement made on the ________________ (date), between _________________
___________________ (Name of Towing and Wrecker Service) , 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 Wrecker Service, and
_______________________ (Name of Property Owner), 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 Owner.
1. The undersigned Owner does hereby authorize Wrecker Service to act as its exclusive
wrecker service, and to remove any non-compliant, illegally parked or unauthorized vehicles
from its property. This signed instrument waives the need for a signature on any wrecker ticket
for patrolled towing. Wrecker service is not obligated to release or return vehicles to Owner’s
property without payment, unless it was towed against the stipulations within this Agreement. In
the event that a vehicle was towed by mistake, Owner agrees to notify Wrecker Service within
24 hours of the towed time so the vehicle can be released for no charge, after which time
storage, state and city fees start to accrue.
2. Wrecker Service releases Owner, from any liability of damages resulting from the towing
of a vehicle to an authorized storage facility. Wrecker Service agrees to post signage at the
above listed property as required by law. The signage will remain the property of Wrecker
Service.
3. Terms of this Agreement are to remain in affect until either party gives a 10-day notice
with cause by certified mail and all signage or materials provided by the Wrecker Service is
picked up or paid for.
4. 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.
5. 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.
6. This Agreement shall be governed by, construed, and enforced in accordance with the
laws of the State of ______________.
7. 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.
8. 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.
9.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.
10. 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.
11. 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.
12. 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.
___________________________ ____________________________
(Name of Wrecker Service) (Name of Property Owner)
By:______________________________ By:_____________________________
________________________ ________________________
(Printed name & Office in Corporation) (Printed name & Office in Corporation
________________________ ________________________
(Signature of Officer) (Signature of Officer)
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