Moving Contract Template

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Updated May 13, 2024
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A Moving Service Contract is a legal agreement between a moving company and a customer detailing transport, delivery, and liability terms. It is used to protect both parties and clarify handling of property and payments.
MOVING CONTRACT

This Moving Contract (the "Contract") is entered into on   (the "Effective Date") by and between

 , an individual having their usual place of living at   (the "Service Provider"), and

 , an individual having their usual place of living at   (the "Client"), collectively referred to as the "Parties" and individually as the "Party".


WHEREAS the Client wishes to move personal belongings and household goods from its current residence at  , to its new residence at  ;

WHEREAS the Parties desire to enter into a contract for the Service Provider to render moving services to the Client for the transportation of personal effects and household goods from the point of collection to the point of unloading;

WHEREAS the Parties wish to establish the terms and conditions governing the provision of such services;

NOW, THEREFORE, in consideration of the mutual promises and obligations set forth herein and upon other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the Parties have agreed as follows:

SUBJECT OF THE CONTRACT. The Service Provider agrees to perform the following services (the "Services") for the Client to move the Client's household goods and personal belongings, including furniture, appliances, clothing, and other items (the "Packed Items") in compliance with all applicable laws, regulations, and codes:

   

The services will be provided in a timely and professional manner with minimal disruption to the Client. 

TERM OF THE CONTRACT. This Contract shall commence on the Effective Date and shall continue until   (the "Services Completion Date") if the Services have not been completed by that date unless terminated earlier in accordance with the terms of this Contract.

Either Party may terminate this Contract at any time by giving the other Party   days prior written notice.

In addition, either Party may terminate this Contract immediately upon written notice to the other Party if the other Party becomes insolvent or files for bankruptcy.

Upon termination of this Contract, the Client shall pay the Service Provider for all Services satisfactorily completed by the Service Provider through the date of termination.

PAYMENT TERMS. The Client agrees to pay the Service Provider a fixed amount of   (the "Contract Amount") for the Services provided under this Contract. The Contract Amount shall be paid in accordance with the following conditions: 

• Payment term: The Contact Amount is due within   days after the date of completion of the Services (the "Due Date").

• Late payment: If the Client fails to pay the Contract Amount due by the Due Date, the Client shall be liable to pay interest on the unpaid balance at the rate of  % per day or the maximum rate permitted by law, whichever is less.

• Payment method: The Client shall pay the Service Provider by cash. 

• Taxes: The   shall be responsible for all taxes related to the Services, including sales tax, use tax, and other applicable taxes.

In addition to the payment terms set forth in this section, the Client agrees to pay the Service Provider for the following services:

• Change orders and overtime: Prices for additional services or changes to the Services provided under this Contract, as well as overtime rates, will be agreed in a separate Annex to be signed by the Parties.

• Permits and fees: The Service Provider shall obtain all permits and pay all fees required to perform the Services. The Client will reimburse the Service Provider for the cost of such permits and fees upon receipt of an invoice confirming the expense from the Service Provider, except for the costs associated with obtaining permits and licenses required for the Service Provider to perform specific activities.

LIABILITIES AND INDEMNIFICATION. The Service Provider shall indemnify, defend, and hold harmless the Client, the Client's affiliates, agents, employees, and officers from and against any claims, damages, losses, liabilities, costs, and expenses, including reasonable attorneys' fees, arising out of or in connection with the Service Provider's performance of the Services under this Contract, except to the extent such claims, damages, losses, liabilities, costs, or expenses are caused by the Client's negligence or willful misconduct.

The Client shall indemnify, defend, and hold harmless the Service Provider, the Service Provider's affiliates, agents, employees, and officers from and against any claims, damages, losses, liabilities, costs, and expenses, including reasonable attorneys' fees, arising out of or in connection with the Client's use of the Services provided by the Service Provider, except to the extent such claims, damages, losses, liabilities, costs, or expenses are caused by the Service Provider's negligence or willful misconduct.

RELATIONSHIP OF THE PARTIES. The relationship of the Parties hereunder shall be governed by the following provisions:

  1. Independent contractor status. The Parties acknowledge and agree that the Service Provider is an independent contractor and not an employee, agent, or representative of the Client. 

  2. Compliance with the law. The Service Provider shall be solely responsible for complying with all applicable laws, rules, and regulations in the performance of its obligations under this Contract.

NOTICE. Any notice, request, demand, or other communication required or permitted to be given under this Contract shall be in writing and shall be deemed duly given either if delivered personally or sent by registered mail, return receipt requested, postage prepaid, reputable overnight delivery service to the address set forth below, or if an electronic copy of it is delivered to the email address set forth below, or such other address or email address as either Party may designate by written notice to the other Party:

If to the Service Provider:

Attn.  

 , USA

 

 

If to the Client: 

Attn.  

 , USA

 

Either Party may change the address for receipt of notices by giving written notice to the other Party.

Notices shall be deemed received on the day of delivery if sent by hand or courier service or on the third business day after the date of posting if sent by registered mail or email.

CONFIDENTIALITY. The Parties agree to keep all information disclosed during this Contract confidential and not to share such information with any third party unless required by law. The Parties agree not to use the confidential information for any purpose other than what is necessary to fulfill their obligations under this Contract.

This confidentiality clause shall survive the termination or expiration of this Contract.

FORCE MAJEURE. Neither Party shall be liable for any failure to perform or delay in performing the obligations under this Contract if such failure or delay is caused by events of force majeure, including but not limited to acts of God, war, terrorism, strikes, lockouts, labor disputes, pandemics, epidemics, governmental regulations, or any other similar cause beyond the reasonable control of the affected Party.

In the case of force majeure, the affected Party shall immediately notify the other Party in writing and provide reasonable proof of the cause of the delay or inability to perform the obligations. The Party affected by force majeure shall endeavor to mitigate the consequences of such circumstances and resume the performance of obligations as soon as possible after the circumstances cease to exist.

If the force majeure circumstances last more than   days, either Party may terminate this Contract by giving written notice to the other Party. In this case, neither Party shall be liable to the other Party for any damages arising from the termination of this Contract.

GOVERNING LAW AND DISPUTE RESOLUTION. This Contract shall be governed by and construed in accordance with the laws of the State of  , except for its conflict of laws principles. Any action or proceeding arising out of or relating to this Contract or its breach shall be brought exclusively in the courts located in the State of  . The Parties hereby submit to the jurisdiction of such courts and waive any objection to venue in such courts.

SEVERABILITY. The invalidity or unenforceability of any provision of this Contract shall not affect the validity or enforceability of any other provision of this Contract.

ENTIRE AGREEMENT. This Contract constitutes the entire agreement between the Parties and supersedes all prior agreements, understandings, negotiations, or discussions, whether oral or written, relating to the subject matter of this Contract. 

IN WITNESS WHEREOF, the Parties have executed this Contract as of the Effective Date.

THE SERVICE PROVIDER

THE CLIENT

 

 , USA

 

Banking Details

Bank name:  

Account number:  

 

 

________________________

(Place for signature)

 

 

 

 , USA

 

Banking Details

Bank name:  

Account number:  

 

 

________________________

(Place for signature)

 

 

Written by Megan Thompson - Reviewed by Jonathan McGill

Template Description

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Paper titled "Moving Contract"; trailer; men discussing over papers; boxes standing on the background

A moving contract template is generally useful to save time and energy. You can easily adapt this professional template to create a moving contract to accurately fit your current needs. With this customizable moving contract template, you can be assured of clarity and accuracy and a contract that will protect your rights before, during, and after the moving process.

What Is a Moving Contract?

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A moving contract is an agreement between two parties when one requires a service to move properties or goods from one place to another usually for a fee. A moving contract implies that a contractual relationship exists between the moving company and the client. With a written contract, there is a documented understanding between the parties of the responsibilities that they both bear and the services that will be provided.

To illustrate, a customer intends to relocate from his current residence to a new apartment, and he requires assistance to move his belongings to the new place. He contacts a moving company, and the company representative takes a comprehensive inventory of all of the belongings that need to be moved. The representative then gives a quote (projected price) for the service. If the customer is comfortable with the price, then a moving contract will be created, stating the terms and scope of the service. After the agreement is signed by both parties, it becomes binding.

Parties of a Moving Contract

There are two parties involved in a moving contract. They are the:

  1. Moving company: This could be a professional company or an individual responsible for moving services that include packing, loading, transporting, off-loading, etc.
  2. Client: In a moving contract, this individual or entity requires moving services for household goods, office equipment, or any other possessions to a designated area within a specified time.

Key Terms

There are several key terms that define the rights and obligations of parties to a moving contract. These include:

  • Date of the move: This is the date agreed by the parties for moving the client’s belongings.
  • Scope of services: This specifies the exact moving services that will be rendered under the agreement. 
  • Pricing and payment: This section describes the overall expected cost for the services, including the rate, whether a flat fee or hourly rate, and estimated time required.
  • Insurance and liability: This section outlines liability and insurance coverage in the event that the client’s property is damaged or lost. 
  • Cancellation and termination: This clause details the grounds or basis upon which either party can cancel or terminate the signed moving contract.

What Is Included in a Moving Contract?

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A comprehensive moving contract should include the following sections: 

1. State and Date

The moving contract should specifically include the jurisdiction that governs the agreement because state laws regulating these contracts can vary. Also, it should state the date on which the moving contract was signed as well as the date the service will be performed. 

2. Party Identification

Proper identification of the parties is crucial to every contract. Therefore, the moving contract must clearly list both parties to the transaction — the moving company and the client. Include names, addresses, and other contact details to easily identify the parties and enable communication.

3. Description of Moving Services

This part of the moving contract will describe the exact service(s) that will be provided by the moving company for the client. Often listed in detail are what belongings or items to be moved. Also listed is the mutually agreed moving date and time. The more details that can be clearly listed can help to avoid misunderstandings.

4. Legal Provisions

This section deals with responsibilities and rights in case there is damage or loss to the goods being moved or any issue or misunderstanding that may arise as a result. Some legal provisions usually include insurance provision, a liability clause, dispute resolution, indemnification, force majeure, and more.

5. Signature Block

The signature section of the moving contract demonstrates that both parties agree to the terms and conditions documented and acknowledge that they are legally bound by those terms. Always ensure that the contract is signed and dated by both parties.

How To Write a Moving Contract

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The following are simple steps to take when writing a moving contract:

  1. Fill in all necessary information. When writing a moving contract or using a sample moving contract, be sure to add all the necessary information, including names, addresses, services, payments, etc.

  2. Coordinate with the counterpart. Once you have drafted the moving contract, either as the moving company or the client, Have the other party review the document. This way, any concerns about the moving company contract can be addressed and necessary revisions implemented before signing. 

  3. Negotiate essential terms of the contract. Before the moving contract can be finalized, it is important to ensure that both parties find the terms acceptable. If not, they must negotiate until an agreement can be reached. 

Why Do You Need a Moving Contract?

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A moving contract serves as an essential document for both the moving company and the client. Below are some of the reasons why you may need a contract for a moving company.

Common Use Cases

  • Legal protection: With a moving contract duly signed by both parties, each party is assured of legal protection if the rights, obligations, and liabilities of the parties are well defined.
  • Clarity and expectations: With key terms clearly outlined, the parties have a clear and working understanding of what to expect. This prevents misunderstandings and ensures that the moving process will go smoothly.
  • Proof of agreement: Having a written contract gives solid proof of the agreement in case a dispute arises and you need a legal basis to protect your interests.

With a moving contract, clients and companies alike can enjoy the following benefits:

  • Peace of mind;

  • Defined scope of responsibilities;

  • Prevented misunderstandings; and

  • A legal basis to enforce any right if the contract is breached.

When Not To Use the Moving Contract

There are some moving situations that may not require a moving contract as it is simply not necessary. These include small local moves where the belongings to be moved can be moved without involving a moving company. Also, informal arrangements between friends or family do not generally require a moving contract since verbal agreements are often made to exchange moving for something else like pizza or there is no expectation of compensation or trade. 

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