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Trucking Program Agreement

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TRUCKING PROGRAM AGREEMENT

This Trucking Program Agreement (the Agreement) is entered into by and between Program Provider Name: with principal address at (Program Provider), and Carrier Name: with principal address at .

Effective Date: Month Day Year .

WHEREAS

WHEREAS, Program Provider operates a managed trucking program that coordinates freight assignments, billing and administrative services to support carriers; and

WHEREAS, Carrier is duly licensed and qualified to provide transportation services and desires to participate in Program Provider's trucking program subject to the terms and conditions of this Agreement; and

WHEREAS, the parties wish to set forth their respective duties, payment structure, confidentiality obligations and other terms governing their relationship.

SCOPE OF WORK

Program Provider will assign freight opportunities to Carrier and will provide administrative services including but not limited to freight matching, load documentation review, invoicing facilitation and claims support. Carrier shall provide safe, timely and lawful transportation of goods in accordance with all applicable laws, permits and customer instructions. Carrier shall furnish all equipment, drivers, fuel, labor and ancillary services necessary to perform the transportation services described in this Agreement.

PAYMENT TERMS

Program Provider will pay Carrier in consideration for transportation services provided under this Agreement. Payment shall be made in accordance with the schedule and conditions set forth below.

TERM AND TERMINATION

This Agreement shall commence on the Start Date set forth below and shall continue until the End Date set forth below unless earlier terminated in accordance with this Agreement.

Start Date: Month Day Year .

End Date (if applicable): Month Day Year .

Either party may terminate this Agreement for material breach by the other party if the breaching party fails to cure such breach within the notice period set forth above following written notice. Either party may terminate for convenience upon providing the notice required above, subject to payment for services performed through the effective termination date.

CONFIDENTIALITY

Each party acknowledges that in the performance of this Agreement it may receive confidential information of the other party, including but not limited to customer lists, rates, operational data and business processes (Confidential Information). Each party agrees to use Confidential Information solely for the performance of this Agreement and to protect such information with the same standard of care it uses to protect its own confidential information, but no less than reasonable care. Confidential Information does not include information that is or becomes generally available to the public through no fault of the receiving party, was already lawfully in the receiving party's possession, or is required to be disclosed by law or valid order of a court or governmental authority.

Acknowledgement of Confidentiality Obligation: I acknowledge and agree to the confidentiality provisions above.

INSURANCE, INDEMNITY AND COMPLIANCE

Carrier shall maintain, at its sole cost and expense, insurance coverages customary for the industry and sufficient to cover liabilities arising from performance under this Agreement, including commercial auto liability, cargo and workers' compensation. Minimum limits required: Auto Liability ; Cargo .

Carrier agrees to defend, indemnify and hold harmless Program Provider, its officers, agents and customers from and against all claims, liabilities, losses, costs and expenses (including reasonable attorneys' fees) arising out of Carrier's negligence, willful misconduct, breach of this Agreement, or failure to comply with applicable laws, regulations and permits.

Carrier shall perform all services as an independent contractor and shall be solely responsible for its employees, subcontractors and equipment. Nothing in this Agreement creates an employment, joint venture or agency relationship between the parties.

AUDIT AND RECORDS

Carrier shall retain records related to services provided under this Agreement, including bills of lading, driver logs and proof of delivery, for a minimum of three (3) years and shall permit Program Provider or its designee to audit such records upon reasonable notice during normal business hours.

GOVERNING LAW

This Agreement shall be governed by and construed in accordance with the laws of the State of , without regard to its conflict of laws principles. Exclusive venue for any dispute arising under this Agreement shall be the state or federal courts located within that state unless otherwise mutually agreed in writing.

ENTIRE AGREEMENT

This Agreement, together with any schedules or addenda executed by the parties, constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior and contemporaneous agreements, proposals, negotiations and understandings, whether written or oral. Any amendment or modification to this Agreement must be in writing signed by both parties.

NOTICES

Program Provider Printed Name:

By:

Date:

Carrier Printed Name:

By:

Date:

Enter text✕

What a Trucking Program Agreement Covers

A Trucking Program Agreement is a formal contract that sets the working relationship between a motor carrier, a program operator (such as a dispatch or fuel/insurance program), and an owner-operator or vendor. It typically defines scope of services, rates and payment terms, operating requirements (including compliance with FMCSA safety and driver qualification rules), insurance and indemnification obligations, term and termination rights, and dispute resolution. The agreement allocates operational and financial responsibilities, clarifies who controls routing and load assignments, and documents performance and audit rights for both parties. Properly completed, it establishes expectations and reduces downstream disputes.

Why a Clear Trucking Program Agreement Matters

A well-drafted agreement reduces commercial ambiguity, limits legal exposure, and supports regulatory compliance for carriers and owner-operators. It protects payment rights, defines insurance responsibilities, and records required operational controls.

Why a Clear Trucking Program Agreement Matters

Who Typically Signs or Manages This Agreement

Common signers and administrators span carriers, owner-operators, brokers, and program administrators; each party has distinct responsibilities.

  • Owner-Operator independent drivers who enroll in a carrier or fuel/insurance program and need to document compensation, equipment responsibilities, and insurance status.
  • Motor Carriers or fleet operators that set operational rules, safety standards, and payment terms for participating drivers and subcontractors.
  • Program Administrators and brokers that supply services (dispatch, fuel cards, insurance) and require contractual terms for fees, data access, and indemnity.

Identify the appropriate signer during setup to ensure the correct legal entity executes the agreement and that insurance certificates and operating authorities match the contract.

Step-by-Step: Completing the Trucking Program Agreement

Follow this order to produce a complete, enforceable agreement that aligns with operations and compliance.

  • 01
    Gather Documents: Collect W-9, COI, operating authority, and driver CDL information.
  • 02
    Fill Party Details: Enter legal names, DBAs, addresses, and contact details accurately.
  • 03
    Set Financial Terms: Specify rates, advances, deductions, and settlement cycles clearly.
  • 04
    Sign and Attach COI: Execute signatures and attach current certificate of insurance before first run.

Core Clauses to Include in a Professional Agreement

A complete Trucking Program Agreement contains operational, financial, and legal provisions that address real-world fleet management scenarios.

Scope of Services

Define dispatching, load assignment, rate tables, permitted routes, and any exclusive or non-exclusive operating conditions. Attach service level exhibits where needed.

Compensation

Specify pay rates, accessorial charges, deductions, advances, and settlement cadence (e.g., weekly ACH). Include examples to avoid disputes.

Insurance & Indemnity

Require minimum coverage levels, name additional insureds, and assign risk for cargo loss, liability, and third-party claims.

Compliance & Safety

Reference FMCSA, CDL requirements, drug and alcohol testing, maintenance standards, and audit rights to inspect logs and equipment.

Term & Termination

Set initial term, renewal mechanics, termination for cause, cure periods, and post-termination settlement timing.

Dispute Resolution

Specify governing law, venue, and whether arbitration or mediation is required; align with carrier domicile for predictability.

Security and Compliance Expectations for Shared Records

In-transit encryption: TLS 1.2/1.3
At-rest encryption: AES-256
Audit trail: Comprehensive timestamps and IP logs
Regulatory compliance: ESIGN, UETA adherence
Healthcare support: HIPAA (BAA available)
Enterprise controls: SOC 2 Type II and ISO 27001

Digital Signing and File Compatibility

Choose a platform that supports common file types, signer authentication options, and an auditable completion record.

  • File formats: PDF, DOCX, HTML
  • Integrations: NetSuite, Salesforce, Google Workspace
  • Authentication: Email, SMS code, KBA, SSO

Typical Online Workflow Configuration

Configure fields, signer order, and authentication to match your operational process before sending the first document.

Field Configuration
Signer Order Sequential or parallel
Authentication Email link or SMS code
Required Fields Signatures, dates, COI upload
Retention Audit trail and signed PDF

Typical eSigning Flow for a Trucking Program Agreement

A standard online signing sequence reduces turnaround and preserves evidence of consent and execution.

  • Upload Document: Sender uploads and prepares fields
  • Add Signers: Insert emails and set signing order
  • Authenticate: Signer verifies via email or SMS code
  • Complete: Signed PDF and audit trail generated

Common Timing and Processing Expectations

Set explicit deadlines for required preconditions, periodic reviews, and payment cycles to avoid disputes and compliance issues.

Certificate of Insurance:

Before operations begin

Settlement Cycle:

Weekly or as agreed in contract

Rate Adjustments:

Notice period per contract

Safety Audits:

Annual or as scheduled

Document Retention:

Maintain signed copy for term plus retention period

Common Preparation Mistakes to Avoid

  • Mismatched legal names between contract and W-9 that block payment or tax reporting.
  • Missing or expired insurance certificates at start of operations, increasing liability exposure.
  • Vague payment terms that allow disputed deductions or late settlement timing.
  • Omitted compliance clauses (drug testing, hours-of-service) that create regulatory gaps.

Potential Legal and Financial Consequences

Tax reporting errors: Incorrect payee TIN triggers IRS penalties
I-9 violations: Penalties range $281–$2,789 per violation
Insurance gaps: Direct financial exposure for cargo and liability
Contract breaches: Damages, indemnity claims, and collection costs
Operational fines: FMCSA penalties for safety or recordkeeping failures
Dispute costs: Arbitration or litigation expenses and delays

Typical eSignature Provider Comparison for Executing Agreements

Compare common plan features and baseline pricing across vendors when selecting an eSignature provider for trucking program execution.

signNow DocuSign Adobe Sign PandaDoc HelloSign
Starting Price $8/user/mo $15/user/mo $14/user/mo $19/user/mo $15/user/mo
Free Trial 7-day free trial, no card Free trial available Free trial available Free trial available Free trial available
Bulk Send Yes Yes Yes Yes No
Audit Trail Yes Yes Yes Yes Yes
HIPAA Compliant Yes Yes Yes No No

Representative Use Cases from Fleet Operations

Real-world examples show how agreements and electronic signatures reduce turnaround and administrative overhead.

Owner-Operator Enrollment

A mid-sized carrier digitized onboarding and COI checks to speed activation by two weeks

  • Automated reminders ensured certificates stayed current
  • The carrier avoided service interruptions and reduced administrative verification time while keeping signed contracts and COIs centrally retained for audits.

Program Fee Reconciliation

A dispatch program standardized rate exhibits and addenda in a template

  • Bulk send processed weekly settlements
  • This reduced reconciliation errors and produced an auditable trail for fee disputes and rapid resolution of payment discrepancies.

Frequently Asked Questions About Trucking Program Agreements

Answers to common questions about signing, enforceability, notarization, and managing the completed agreement for compliance.


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