Motor Carrier / Broker / Shipper Indemnity Agreement Template

MOTOR CARRIER / BROKER / SHIPPER INDEMNITY AGREEMENT TEMPLATE FAQ

What is a motor carrier/broker/shipper indemnity agreement?

A Motor Carrier / Broker / Shipper Indemnity Agreement is a contract that allocates responsibility for claims among parties involved in transportation — typically a motor carrier (who hauls freight), a broker (who arranges transportation), and a shipper (who tenders the freight). It can address cargo loss, personal injury/property damage, regulatory fines, and third-party claims.

What does it commonly cover?

Common categories include: cargo claims, bodily injury and property damage, loading/unloading responsibility, subcontracting, regulatory compliance, and insurance. This template includes optional sections for cargo liability and a clear defense/notice process.

How is it different from a broker-carrier agreement?

A broker-carrier agreement is broader and covers operations, payment, and compliance terms. An indemnity agreement focuses specifically on risk allocation and defense obligations. Many parties incorporate indemnity clauses into a master transportation agreement.

Should it include insurance requirements?

Yes. Insurance is key in transportation. This template includes standard coverage categories (auto liability, cargo, general liability) and certificate requirements.

Who controls the defense?

Indemnity clauses often state who provides defense counsel and when consent is required for settlements. This template includes a practical defense control section with conflict-of-interest language.

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