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Pioneer Coach Lease Agreement - Bus and Driver

805 Madison Industrial Road
Madison, TN 37115
Office: (615) 860-1690 Fax: (615) 860-1693

This Coach Lease Contract (the "Lease") is made and effective as of the ("Effective Date"), by and between, Pioneer Coach, Inc., a Tennessee corporation, located at 804 Madison Industrial Road, Madison, TN 37115 ("Headquarters") ("Lessor") and the ("Lessee") below:

LESSEE'S FULL LEGAL NAME:

ADDRESS:

LEGAL FORM of LESSEE (please mark & fill-in State):

A Corporation organized under the laws of the State of
A Partnership organized under the laws of the State of
A Limited Liability Company organized under the laws of the State of
An Individual residing in the State of
Other Form (describe):

This box must be checked if any changes are made to the Standard Terms and Conditions of this Lease. Copies of any revised pages must be highlighted and returned to Lessor with this cover sheet for review and approval and such pages must signed by Lessor to be binding.

LESSEE'S PRIMARY BUSINESS CONTACT:

Phone Number:

E-Mail Address:

RENTAL TERM:

Start Date:
End Date:

IN WITNESS WHEREOF, the parties have executed this Lease intending to be bound by terms set out above and in the Standard Terms and Conditions attached hereto as Exhibit A and incorporated herein as if set out in full.

RENTAL AMOUNT PAYMENT SCHEDULE:

VEHICLE(S) BEING LEASED:

EXHIBIT A
STANDARD TERMS AND CONDITIONS

1. Term: The Lease Term shall commence on the “Start Date” and shall end on the “End Date” as set forth on the first page of this Lease unless sections (b), (c) and (d) below are applicable. The “Start Date” shall mean the date indicated on the first page of this Lease. The End Date shall be the date when the Vehicle is actually returned to the Headquarters. The rates quoted in this contract are guaranteed for 10 days and are subject to change if not fully executed within that time period.

2. Rental Amounts:

A. Rental Amount. The Rental Amount for the daily rentals for each Vehicle is referenced on the first page of this Lease. Lessee agrees to pay according to the Rental Payment Schedule on the first page of the lease agreement. Such amounts are due without the necessity of an invoice, although upon request Lessor will provide a courtesy invoice. Unless the parties have agreed otherwise in writing, payments shall be mailed to the address of the Headquarters set out on the first page of this Lease to arrive on or before the due date. Any amounts due under this Lease not paid when due, shall accrue interest at the rate of one and a half percent per month from the time such amounts should have been paid until paid in full.

B. Incidental Charges included in invoices referenced on the first page.

Driver’s Pay. Lessor is responsible for the driver’s pay, workman’s compensation insurance, employee benefits, and taxes, as required.
Internet Charges. If Lessee causes extra roaming or airtime fees to be charged to wireless account, Lessee will be responsible for such fees as well.
Maintenance Services. Generator and engine services will be performed as needed.
Weekly Washes. Bus exterior weekly wash and interior linen change will be performed weekly as part of the included cost.
End of Tour Cleaning.

C. Incidental Charges not included in invoices referenced on the first page. Lessee agrees to pay the following:

Gas, Oil and Other Fluids. Lessor will provide the Vehicle(s) as of the Start Date fully fueled and with all oil and other fluids at or above recommended levels, but the Lessee is responsible for same, including Def, to the extent the Driver determines these need to be refilled during the Lease Term. Lessee agrees to return the Vehicle(s) to the Headquarters on the End Date with a full tank of gas. In the event Lessor must pay for fuel and re-bill that fuel to Lessee, the fuel will be invoiced to the Lessee at cost plus ten percent.
Driver’s Hotel and Airfare. Except for single day trips, Lessee is responsible for providing one single hotel room per day in a quality, 3-star or better hotel for a minimum of eight (8) hours every day during the Lease Term.
Additional Drivers. In the event an additional driver is requested by Lessee for any portion of the Lease Term, Lessee is responsible for the cost of the co-driver’s pay, which will be billed to the Lessee by the Lessor at a rate of four hundred eighty dollars ($480.00) per day plus sixty ($60) per day if pulling a trailer. Lessee agrees to provide a separate hotel room for each additional driver for each day such driver is needed. Lessee shall be fully responsible for any air and ground transportation charges for transporting any additional driver(s)to the location of the Vehicle and transporting any additional driver(s) back to their home or another city mutually agreed upon by Lessor and Lessee.
Replacement Drivers. In the case Lessee requests a new Driver, the Lessee shall be fully responsible for any air and ground transportation for the replacement driver to the location of the Vehicle and the replaced driver back to their home. When transportation costs for additional drivers or replacement drivers are paid by and booked in advance by the Lessor for the benefit of the Lessee, the costs will be billed to the Lessee at cost plus ten percent.
Taxes, Parking, Tolls & Fees. Lessee shall be responsible for any permits required by the business of Lessee, ton mileage taxes, highway or bridge tolls or any other taxes, parking fees or fees now or hereafter imposed upon the use or leasing of the Vehicle or Trailer, or imposed by the terms and conditions of this Lease. EZ Pass Tolls are billed to the Lessee in arrears the following month at cost plus ten percent.
Additional Cleanings. Additional mid-tour cleanings may be requested by the Lessee during extended leases for an additional fee. $200 additional may be billed on the end of tour cleaning if a pet is on the bus.

3. Damage to Vehicle: Lessee shall be responsible for and indemnify Lessor for any and all damages to the interior and/or exterior of the Vehicle, including, but not limited to, carpets, paneling and woodwork, plumbing, tile, bathroom fixtures, all kitchen appliances, ceiling headliner, skylights, lighting fixtures, audio and video equipment, and glass unless directly caused by Lessor or Lessor’s driver. Lessee shall be responsible for the removal of promotional bus wrap, graffiti and stickers from the interior and/or the exterior of the Vehicle unless directly caused by the driver of the Vehicle. Lessee’s liability hereunder shall be limited to $25,000 per occurrence.

4. Substitution:

A. Lessor agrees to furnish to Lessee, a substitute Vehicle in the event the Vehicle is temporarily disabled or delayed because of mechanical failure, collision, or other cause. The substitute Vehicle shall be of substantially equivalent carrying capacity as the inoperable Vehicle. The substitute Vehicle shall be delivered to the Lessee wherever and whenever possible to provide alternative transportation, not to exceed daily Vehicle rental. Notwithstanding anything contained herein to the contrary, the substitute Vehicle shall be at sole expense of Lessee if the inoperable Vehicle is out of service because of damage resulting from collision or other means caused by Lessee, its agents, servants, employees, designees, guests, or concert patrons, or is inoperable as the direct or indirect result of Lessee’s breach of any of the terms and conditions of this Lease.

B. In the event that a substitute Vehicle is unavailable or, in the reasonable opinion of Lessor, infeasible or impracticable, Lessor shall issue a credit memo for the vehicle for the days the bus is unavailable. Lessor shall make every reasonable effort to assist Lessee in arranging alternate means of transportation.

5. Control and Use of Vehicle and Drivers:

A. Control of Vehicle. Subject to the terms and conditions of this Lease, from the time of delivery of the Vehicle to Lessee, Lessee shall have exclusive possession, control and use of the Vehicle until its return to Lessor. The Vehicle shall be operated by safe, careful, properly licensed, legally qualified drivers, who shall be approved by Lessor and shall be subject to Lessor’s control and direction (“Driver”), and only such Drivers shall be authorized to driver and/or operate the Vehicle. Lessee and its parties shall not attempt in any way to drive and/or operate the Vehicle. Such act and/or action shall constitute an Event of Default hereunder and may result in the termination of this Lease. Lessee shall be fully and completely liable for any damages to the Vehicle if such unauthorized operation occurs.

B. Use of Vehicle. Lessee shall neither use nor allow the Vehicle to be used for transportation of any property or material deemed hazardous by reason of being flammable, explosive, or fissionable. Lessee shall neither use nor allow the Vehicle to be used to tow, push, or otherwise propel any other vehicle or object, except by prior written consent of Lessor, nor shall Lessee use or allow the Vehicle to be used for the transportation of any property or materials in violation of any federal, state, or local statutes, ordinances, rules, or regulations, or for any illegal purposes or for the purpose of transporting unlawful material.

6. Alterations: Lessee shall not make alterations to the Vehicle without the prior written consent of Lessor. Lessee agrees that any equipment, accessories, replacement parts which are added to or become attached to the Vehicle shall immediately become the property of Lessor and shall be deemed incorporated in the Vehicle and subject to the term and conditions of this Lease, as if originally leased hereunder.

7. Title to Vehicle: Lessor shall at all times, before, during and after the Lease Term, retain the title, ownership and possession of the Vehicle and all equipment delivered to Lessee pursuant to this Lease. Lessee shall at all times, at its sole cost and expense, keep the Vehicle and equipment free and clear of all levies, attachments, liens, encumbrances, and other judicial process (“Encumbrances”) from every cause whatsoever related to or arising from the Lessee, the Lessee’s passengers and guests, or their actions. Lessee agrees to give Lessor immediate notice of any such Encumbrances or attempted Encumbrances.

8. Insurance: Lessor has obtained and shall keep in force, during the Lease Term, liability insurance in the amount of Five Million and 00/100 Dollars ($5,000,000.00) and full physical damage insurance with a $25,000 deductible for each Vehicle. Lessee understands and agrees that Lessor has limited its liability to the amount of its insurance described above and that if the Lessee believes that it needs coverage in excess of that, it is the responsibility of the Lessee to obtain or provide such coverage at its own expense.

9. Representations and Warranties; Indemnification:

A. Representations and Warranties. The parties represent and warrant to each other that each has the right to enter into and to fully perform all of its obligations under this Lease, including, without limitation, to grant any and all rights granted herein.

B. Indemnification. The parties agree to each indemnify, defend and hold harmless the other, and the other’s respective agents, employees, officers, directors, licensees and assigns from and against any and all claims, suit proceedings, costs, losses, expenses, damages and liabilities, including, but not limited to, reasonable attorney's fees and court costs arising out of or in connection with
(i) such party’s breach or alleged breach of any warranty, representation or obligation hereunder;
(ii) the negligence, intentional act or willful misconduct of either party or their respective employees, directors, officers, passengers, guests, contractors and/or agents; and/or
(iii) all injuries, including death or property damage sustained by any person as a result of the fault of the other or its agents, servants, employees, designees, guests, or concert patrons.

10. Events of Default: Upon the happening or occurrence of any one (1) or more of the following events (“Events of Default”); Lessor shall be entitled to pursue the remedies set forth in this Lease:

A. If Lessee fails or refuses to pay any Rental Amounts or make any payment hereunder due, or;

B. If Lessee fails or refuses to perform or observe any other term, condition, or covenant herein with three (3) days after written notice thereof is received by Lessee from Lessor, or;

C. If Lessee shall suffer the issuance against it or any execution upon a writ of process in any action or proceeding whereby the Vehicle may be taken or levied upon, or;

D. If Lessor shall determine in its sole discretion that the Vehicle is being used beyond its capacity, in any improper manner, or not in compliance with this Lease.

11. Remedies:

A. Upon the happening or occurrence of any one (1) or more of the Events of Default set forth in this Lease, Lessor shall have the right to terminate immediately this Lease in its entirety upon written notice to Lessee, whereupon all accrued obligations of Lessee to Lessor under this Lease shall immediately become due and payable. In addition, Lessor shall have the right to recover immediate possession of the Vehicle wherever located, together with all equipment and accessories, which are the property of the Lessor with or without legal process. Furthermore, Lessor shall be entitled to accelerate all unpaid Rental Amounts and receive from Lessee the present value (based upon a rate of 6% annum) all unpaid Rental Amounts for the entire term of the Lease, together with the interest thereon, after default rate of 10% annum. In addition, Lessor shall be entitled to recover from Lessee all reasonable costs and expenses, including court costs and reasonable attorney’s fees incurred by the Lessor in the enforcement of its rights and remedies hereunder.

B. In the event Lessor shall take possession of or retain the Vehicle and at the time of such taking or retention, there shall be in or attached to the Vehicle any property, goods, or things of value belonging to Lessee, or in the custody or control of Lessee, Lessor shall use reasonable efforts to return same to Lessee. If such return is not possible, Lessor is hereby authorized to take possession of such property, goods, or things of value and either hold the same for Lessee without liability for loss or damage to such property goods or things of value and either hold the same whatsoever, or upon written notice to Lessee, place the same in public storage for the account of, and at the sole cost and expense of, Lessee.

C. If the Lessee has made advance Rental Amounts as required by the terms and conditions of this Lease, but refuses to accept delivery of the Vehicle at the designated delivery location, then Lessor shall retain all sums paid to it by Lessee as liquidated damages to compensate Lessor for its time and effort in the preparing of the Vehicle for this Lease and for potential lost opportunities and potential damage to its reputation.

12. Express Disclaimer of Third Party Liability: Lessor shall not be responsible or liable for the death or injury of any person employed by Lessee, or any passenger or guests of the Lessee, nor will Lessor be responsible or liable for any loss, or damage to, baggage, cargo or other personal property of the Lessee or its passengers and/or guests left, stored, loaded, unloaded, or transported in or upon the Vehicle, arising out of or connected with the use and operation of the Vehicle (s) herein, or theft , unless such injuries or damage is the result of the gross negligence of Lessor or its employees. Lessee hereby assumes all risk for such loss or damage and waives all claims against Lessor by reason thereof, and Lessee agrees to indemnify, and hold Lessor, its agents, servants, employees, officers, and directors harmless from and against any claims, demands, suits, actions, or proceedings based upon or arising out of such loss or damage.

13. Holding Over: Because of potential scheduling conflicts, the Lessee has not the right to extend the End Date of the Lease Term. In the event of any holding over after the expiration of the Lease Term, the same shall be construed to be on a day-to-day basis at the same rate as herein described and subject to all of the terms and conditions of this Lease, including the right to terminate this Lease at any time during such period of holding over with respect to the Vehicle.

14. Lessee's Obligation to Pay Lease: Lessee agrees to pay all Rental Amounts and all other amounts due Lessor herein on the due date thereof and agrees that Lessee’s obligations to pay such Rental Amounts shall be absolute and unconditional in all circumstances, without limitation. For your convenience, Lessor will accept checks, wire transfer, MasterCard and Visa. Please be advised, all credit card fees will be charged back to the Lessee and will be added to your invoice.

15. Miscellaneous

A. Entire Lease. This Lease (including any exhibits thereto) constitutes the sole and only agreement of the parties hereto and supersedes any prior understandings or written or oral agreements between the parties respecting the subject matter within, save, and accept those agreements entered into contemporaneously herein or as are referred to herein.

B. Notices. Any notice or communication required or permitted hereunder shall be in writing and sent to the address of Lessee set forth on the first page of this Lease. Notice shall be deemed given upon delivery if delivered by (1) Personal delivery, or (2) expedited delivery service with proof of delivery, or (3) United States mail, registered, or certified, return receipt requested, or (4) signed facsimile

C. Binding. This Lease shall be binding upon and inure to the benefit of the parties hereto, and their respective heirs, executors, administrators, legal representatives, successors, and assignees where permitted by this Lease.

D. Severability. In the case of one or more of the provisions contained in this Lease shall for any reason be held to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability shall not affect any other provision hereof, and this Lease shall be construed as if such invalid, illegal, or unenforceable provision had never been contained herein.

E. Assignment. Neither party may assign this Lease without the other party’s prior written consent. Any assignment in violation of this section will be null and void.

F. Amendments. Any amendments or modification to this Lease must
(i) be in writing;
(ii) refer to this Lease; and
(iii) be executed by an authorized representative of each party.

G. No Waiver. The failure to require performance of any provision shall not affect a party’s right to require performance at any time thereafter; nor shall waiver of a breach of any provisions constitute a waiver of the provision itself.

H. Governing Law; WAIVER OF JURY TRIAL; Attorneys’ Fees. This Lease shall be governed by and construed exclusively in accordance with the laws of the State of Tennessee (excluding conflicts of law principles). The party hereby submit to the jurisdiction and venue of the state courts of the State of Tennessee found in Davidson County, Tennessee, for the purpose of resolving any action arising or resulting from this Lease, or the relationship of the parties, all whether arising from contract, tort, statute or otherwise. Should either party be entitled to federal jurisdiction, the parties agree that the federal courts found in Davidson County (Nashville), Tennessee, shall have exclusive jurisdiction and venue over such action. The parties agree to waive any all right to a trial by jury in any and all action between them. If Lessor must bring or defend an action to collect any amounts owed by the Lessee, or otherwise arising from any Lessee breach of this Lease, then if Lessor is the prevailing party in such action, in addition to the amounts owed under this Lease and any other relief that Lessor may be entitled, Lessor shall also be entitled to its costs and expenses in such action, including its attorney’s fees and expenses.

16. Warranty Disclaimer: Except as expressly provided for herein, LESSOR MAKES NO OTHER WARRANTY OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR USE.

17. Limitation of Liability: Lessor shall not be liable or deemed to be in default for any delay or failure in performance under this Lease for any interruptions resulting, directly or indirectly, from acts of God, civil or military, acts of public enemy, war accidents, fires, explosions, earthquakes, floods, the elements, strikes, labor disputes, shortages of suitable parts or materials, mechanical failure, labor, or transportation or any similar or dissimilar cause beyond the control of Lessor. LESSOR WILL NOT BE LIABLE AND LESSEE AGREES THAT LESSOR SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECULATIVE, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES.

18. DOT Rules and Regulations: Lessor cooperates with all DOT rules and regulations regarding operation of this the Vehicle. Lessor shall display its own DOT number on both sides of the Vehicle. Lessor will keep all driver files and log books. Lessee understands that the Driver may not drive more than 10 hours or be on duty more than 15 hours without an 8 hour DOT break. Lessee agrees to notify Lessor in writing of any changes to the attached routing so that billing can be adjusted if necessary and co-drivers can be recommended if the routing requires them to be compliant with DOT rules and regulations.

19. Illness Waiver: Lessor cannot prevent Lessee from becoming exposed to, contracting, or spreading COVID-19 or other illnesses while utilizing Lessor’s services or premises. It is not possible to prevent against the presence of the disease. Therefore, if you choose to utilize Lessor’s services and/or enter onto Lessor’s premises, you may be exposing yourself to and/or increasing your risk of contracting or spreading COVID-19 or other illnesses. Lessee agrees to have read and understood the above warning concerning COVID-19. Lessee agrees to accept the risk of contracting COVID-19 in order to utilize Lessor’s services and enter Lessor’s premises. Lessee hereby forever releases and waives any right to bring suit against Lessor and its owners, officers, managers, employees, or other representatives in connection with exposure, infection, and/or spread of COVID-19 related to utilizing Lessor’s services and premises. Lessee understands that this waiver means giving up any right to bring any claims including for personal injuries, death, disease or property losses, or any other loss, including but not limited to claims of negligence and giving up any claim Lessee may have to seek damages, whether known or unknown, foreseen or unforeseen.

20. Failure to sign and return contract: Should the Lessee not sign and return said Lease, all terms and conditions will commence and be held valid upon occupation by the Lessee on any Vehicle designated for transportation by the Lessor.

21. Survival: The sections of this Lease on payment, ownership, remedies, jurisdiction and venue, waiver of jury trial, limitations and waivers of damages and such other provisions which explicitly or by their nature should survive, shall survive the termination or expiration of this Lease.

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Signed by Allen McGhan
Signed On: 06/17/2024

Timestamp

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06/04/2024 3:03 pm GMT

Pioneer Coach Lease Agreement - Bus and Driver Uploaded by Allen McGhan - admin@keylinkit.com IP 103.104.126.170