This is an agreement between an advertiser and a common transporter for the
placement of advertisements on transportation vehicles. This agreement can cover a
wide variety of transportation vehicles, such as: taxis, buses, shuttles, subways, public
transits, and trains. This document specifies the terms of the agreement and provides
for a list of the vehicles under “Exhibit A” of the agreement. This agreement can be
used by small businesses or other entities that provide transportation services and want
to place advertisements on their vehicles.
TRANPORTATION ADVERTISING AGREEMENT
THIS TRANSPORTATION ADVERTISING AGREEMENT (the “Agreement”) made as of
___________ [Instruction: Insert Date], by and between ___________ [Instruction: Insert
Name of Company], ___________ [Instruction: Insert Address] (“Company”), and
___________ [Instruction: Insert Name of Advertiser], ___________ [Instruction: Insert
Address] (“Advertiser”).
WHEREAS, Company manages and operates ___________ [Instruction: Insert Name of Taxis
or Busses] for the purpose of transporting persons in and around ___________ [Instruction:
Insert Area];
WHEREAS, Company’s vehicles provide an opportunity for advertising displays to visibly reach
the general public; and
WHEREAS, Advertiser desires to advertise on Company’s vehicles, and, subject to the terms
and conditions contained herein, Company desires to permit said advertisement to be affixed to
certain of its vehicles.
NOW, THEREFORE, in consideration of the promises and other good and valuable
consideration set forth, the parties agree as follows:
1. Advertising.
A. Company hereby grants to Advertiser the right to place approved advertising and
promotional displays (the “Ad(s)”) on the exterior and the interior of the Vehicles, as such term
is defined in Exhibit “A”, attached hereto and incorporated herein, but not on the inside or
outside of the Vehicles’ windows.
B. No less than thirty (30) days prior to the date that Advertiser proposes that the Ad(s) shall
be affixed to the Vehicles, Advertiser shall submit a preliminary proof of the Ad(s). Company
will review Advertiser’s submission and within ten (10) days of Company’s receipt of said
submission will indicate if Company agrees to accept the proposed Ad(s). If accepted, Company
will invoice Advertiser for the Advertising Time, as further described below. Copy for Ad(s)
should be carefully reviewed by Advertiser. Company shall not be liable for any material errors
or misspellings on Ad(s). Advertiser acknowledges that Company may, in Company’s
reasonable discretion, refuse to accept any copy of the Ad(s), or may withdraw any previously
accepted Ad(s) from display at any time and request Advertiser to submit new copy. Company
makes no claim of ownership hereunder to any trademarks or copyrights in materials provided by
Advertiser.
2. Advertising Time. Company shall display the Ad(s) on the Vehicles from ___________
[Instruction: Insert Date] through ___________ [Instruction: Insert Date] (the “Advertising
Time”), which may be extended by Advertiser, by thirty (30) days’ written notice to Company.
3. Fee. The advertising fee (“Fee”) shall be ______________ Dollars ($____) [Instruction:
Insert Amount] per month of Advertising Time, or pro-rata portion thereof. All compensation
due hereunder shall be due and payable within thirty (30) days of Advertiser’s receipt of an
itemized invoice from Company. In the event that Advertiser fails to make full payment of the
amounts due hereunder within said thirty (30) day period, Company may charge a late payment
penalty of ___________ percent (___%) [Instruction: Insert Percentage], compounded
[Instruction: Choose One: monthly // annually], on any unpaid balance. Advertiser shall also
be liable for legal or other fees and costs are incurred by Company to collect any past due
amount. In addition, in the event that Advertiser fails to make timely payment of the Fee,
Company may, in its sole and absolute discretion and without prejudice to any rights Company
may have against Advertiser, cease to continue to display the Ad(s).
4. Production Removal and Maintenance.
A. The Fee does not include charges for production, installation, and/or removal of the
Advertiser's Ad(s) or the cost of construction and maintenance of such advertising. The
Advertiser shall be responsible for and shall bear all costs to construct, install, produce, maintain,
and remove the Ad(s), including the cost to restore the Vehicles to their original condition.
Should it become necessary for Company to remove Advertiser's Ad(s) as a result of Advertiser's
default, Advertiser shall reimburse Company for all reasonable costs incurred in connection
therewith upon fifteen (15) days written notice.
B. Advertiser shall be responsible to keep and maintain the Ad(s) in a clean, operable and
aesthetically pleasing manner. Company, in its reasonable discretion, may require changes or
improvements to Ad(s) which are or have not been kept in a clean, operable or aesthetically
pleasing manner; however, Company is responsible for washing and cleaning the Vehicle
regularly. If Advertiser has failed or refused to make appropriate changes within fifteen (15)
days of Owner's written notice, Owner shall have the right, at its option, to make said changes
and charge Advertiser for all reasonable costs in connection therewith.
5. Non-exclusivity. This Agreement does not provide sponsorship or naming rights for any of
the Vehicles. Company retains the right to accept any advertising for any product whatsoever
from any advertiser elsewhere on the Vehicles or on other vehicles owned and/or operated by
Company.
6. Representations, Warranties and Indeminity
A. Advertiser represents and warrants to Company that all materials included in the Ad(s):
(i) are true and correct in every respect and do not contain anything that is, defamatory of any
person or entity; (ii) do not contain anything that is, indecent or obscene; (iii) do not infringe any
copyright, trademark or other intellectual or commercial property rights of any person; and (iv)
do not contain nor constitute a statement that is misleading or deceptive or likely to mislead.
B. Advertiser is solely responsible for any legal liability arising out of or relating to the
Ad(s), and/or such violations as infringement or misappropriation of any copyright, patent,
trademark, trade secret, unfair competition, defamation, invasion of privacy or rights of celebrity,
violation of any anti-discrimination law or regulation, or any other right of any person or entity.
C. Advertiser will defend, indemnify and hold harmless Company from and against all
losses, damages, liabilities, penalties, costs and expenses (including reasonable attorneys fees
and expenses) incurred or sustained by it or them arising in any manner out of or in connection
with Advertiser’s breach of this Agreement, including but not limited to breach of any of
Advertiser’s representations, warranties or agreements contained herein.
D. Company will defend, indemnify and hold harmless Advertiser from and against all
losses, damages, liabilities, penalties, costs and expenses (including reasonable attorneys fees
and expenses) incurred or sustained by it or them arising in any manner out of or in connection
with allegations of injuries to or death of persons (including wrongful death), damages to
property, and any other claims which do not arise out of: (i) the installation, removal, or display
of Ad(s) on the Vehicles pursuant to this Agreement or (ii) damage from the materials or
equipment that Advertiser may install on the Vehicle pursuant to this Agreement.
7. Miscellaneous.
A. This Agreement constitutes the entire agreement between the parties hereto with respect
to the specific subject matter hereof and supersedes all prior agreements or understandings of any
kind with respect to the specific subject matter hereof.
B. In the event that any provision or part of this Agreement shall be deemed void or invalid
by a court of competent jurisdiction, the remaining provisions or parts shall be and remain in full
force and effect.
C. Any modification to this Agreement must be in writing and signed by the parties or it
shall have no effect and shall be void.
D. This Agreement is binding upon and shall inure to the benefit of the respective
successors, licensees and/or assigns of the parties hereto.
E. The waiver by either party of a breach or violation of any provision of this Agreement
shall not constitute a waiver of any subsequent or other breach or violation.
F. This Agreement shall be governed in accordance with the laws of the State of
_____________ [Instruction: Insert State], applicable to agreements to be wholly performed
therein, with jurisdiction exclusive to the Federal and State courts located in the County of
_____________ [Instruction: Insert County], State of ______________ [Instruction: Insert
State].
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IN WITNESS WHEREOF the parties have duly executed this Agreement as of the date first
written above.
COMPANY:
________________________________ [Instruction: sign]
By: ___________________________ [Instruction: Insert Name of Signatory]
Title: ___________________________ [Instruction: Insert Title of Signatory]
ADVERTISER:
________________________________ [Instruction: sign]
By: ___________________________ [Instruction: Insert Name of Signatory]
Title: ___________________________ [Instruction: Insert Title of Signatory]
Exhibit “A”
Vehicles
Vehicle 1
o Dimensions: _____________ [Instruction: Insert Vehicle Dimensions]
o Capacity: _____________ [Instruction: Insert Vehicle Capacity]
o Serial Number: _____________ [Instruction: Insert Serial Number]
o License Plate Number: ___