This is an agreement between an advertiser and a taxi company for advertisements that
will be placed inside or outside a taxi cab. This agreement specifies the location of the
advertisements as well as the fee the taxi company will charge. This document contains
numerous standard provisions that are commonly included in these types of
agreements, and may be customized to fit the specific needs of the contracting parties.
This agreement can be used by small businesses that want to enter into an agreement
for advertisements placed on a taxi cab.
AGREEMENT made ______ day of ______________, 20_____, between _______________
(the "Advertiser"), and ______________ (the "Taxi Company.").
The Taxi Company provides advertising space on its taxis in the following locations on the taxis:
______________ [Instruction: insert all possible locations for advertising] (the "Taxi
The Taxi Company provides its services principally in ______________ County,
______________, [Instruction: insert city and state] and sells advertising space in the Taxi
The Advertiser wishes to insert advertisements in the Taxi Advertising Space in order to
advertise ____________________________ [Instruction: insert the content that is to be
It is agreed as follows:
1. Advertising space. The Advertiser shall utilize, and the Taxi Company shall provide,
______________ [Instruction: insert detailed description of advertising space] within the
Taxi Advertising Space during the ____________ period from ______________, 20 _____,
through ______________, 20 _____ [Instruction: insert detailed description of the length of
time that the advertisements will be displayed].
2. Advertising rates.
A. Rate schedule. The Advertiser shall pay for the advertising space at the rates of
______________ [Instruction: insert detailed description of rates].
B. Rate schedule increases. The Taxi Company reserves the right to increase such
rates, from time to time and in its sole discretion, based on an increase in its rate
schedule. In the event of such an increase, the Advertiser shall have the option to
cancel the remainder of this Agreement as of the date the new rates become
effective, or to continue at the new rates. If the Advertiser should decide to
cancel this Agreement because of increased rates, the Taxi Company shall not
charge the Advertiser for any of the cancelled advertising space. The Taxi
Company shall notify the Advertiser in writing of any increase in rates at least
____________ [fifteen (15)] days prior to the effective date of the increase. The
Advertiser shall notify the Taxi Company in writing if the Advertiser decides to
cancel the balance of this Agreement at least ____________ [five (5)] days prior
to the effective date of any increase.
C. Under-utilization rates. If, upon termination of this Agreement, the Advertiser
shall not have utilized the amount of space set forth in paragraph 1, the
Advertiser shall pay to the Taxi Company the difference, if any, between the
charges for which the Advertiser has been billed, based upon the agreed amount
of space, and the charges based on the higher rate which becomes applicable by
reason of the reduction in space utilized by the Advertiser. This additional
amount shall be due and payable immediately upon termination of this
D. Additional space rates. If the Advertiser uses space in addition to the agreed
amount, the Taxi Company shall remit the difference, if any, between the
amount paid by the Advertiser, based upon the rate for such agreed amount of
space, and the charges based on the reduced rate to which the Advertiser
becomes entitled by reason of the increase in space used. Payment shall be made
by the Taxi Company upon termination of this Agreement, subject to any offset
by reason of any amount then owed to the Taxi Company by the Advertiser.
A. Taxes. The Taxi Company shall advance all federal, state, and local taxes that
may be imposed on the Advertiser for advertising under this Agreement, and
shall bill that amount to the Advertiser in addition to the amount otherwise
B. Charges for special rates. In addition to the rates specified by the Taxi Company
for normal copy which may be set in the usual manner, other charges are
required when certain special services are involved, including those that follow.
i. A composition charge shall be made for intricate advertisement and for
any advertising ordered which is not to be published by the Taxi
Company or is set on a "wait order" basis and is not to be published
within ten days.
ii. A charge shall be made for all drawings or engravings furnished by the
Taxi Company at the Advertiser's request.
iii. Position charges shall be made and shall increase the basic rates as
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follows: ______________________ [Instruction: insert any
applicable rate increases for positions on taxi].
A. Billing cycle. The Taxi Company shall present a bill to the Advertiser detailing
the charges for advertisements inserted during the preceding month on or before
the ______ day of each month, and payments shall be due ____________
[fifteen (15)] days thereafter.
B. Prompt payment discount. The Advertiser shall be entitled to a cash discount of
____________ [five (5)] percent for payments made within five days after
receipt of each monthly bill, provided no outstanding balance remains due to the
5. Effect of nonpayment.
A. Ceased operation. The Taxi Company may stop inserting the Advertiser's
advertisements if: (1) any bill is not paid when due; (2) the Advertiser makes an
assignment for the benefit of creditors; (3) a petition in bankruptcy or for
reorganization under the bankruptcy law is filed by or against the Advertiser; or
(4) the Advertiser goes out of business or announces its intention of doing so.
B. Payment in full. If advertising is stopped in accordance with paragraph 5(a) or if
the specified amount of advertising space is not used during the contract term
for any other reason not caused by the Taxi Company, payment in full shall be
due immediately at the Taxi Company's scheduled open display rate for the
amount of advertising actually used. If the Advertiser pays the amount due in
full, the Advertiser shall have the right to use additional advertising space
during the remainder of the contract term, and the cost of additional advertising
shall be charged at the open display rate.
6. Content and design.
A. Rejection right. The Taxi Company reserves the right to censor, reject, alter, or
refuse any advertising copy, in its sole discretion, or to disapprove any
advertising copy in accordance with any rules the Taxi Company may now
have, or may adopt in the future, concerning the acceptance of advertising
matter. No change in advertising copy shall be made, however, without the
Advertiser's prior consent.
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B. Identification. Any advertising copy resembling news matter or advertisements
in cartoon technique or comic strip form must carry the word "Advertisement"
over each column in which the advertisement appears.
C. Dimensions. Advertisements must conform to the following dimensions:
______________________ [Instruction: insert description of acceptable
D. Shape. Advertisements must conform to the following shapes:
______________________ [Instruction: insert description of acceptable
E. Violation options. If the Advertiser submits copy not in conformity with
paragraphs 6(c), (d), or (e), the Taxi Company may either refuse to show such
copy or to reshape such copy in accordance with the normal design of
advertising in use. In the latter event, the Taxi Company shall not be required to
submit a proof of the reshaped copy unless the Advertiser specifically requested
such proof when it ordered the original copy.
F. Type changes. The Taxi Company may change or otherwise lighten type, cuts,
and borders, without submitting a proof to the Advertiser.
7. Submission of copy.
A. Advertiser's copy. The Advertiser shall be responsible to submit all advertising
copy, including changes, to the Taxi Company on or before: ______________
[Instructions: insert the relevant time frame]. Advertising submitted and
ordered in accordance with the deadlines cannot be canceled after the closing
time. The Taxi Company may change the closing hour for receiving advertising
copy by giving ____________ [five (5)] days' written notice to the Advertiser.
B. Taxi Company's proofs. If the Advertiser furnishes advertising copy to the Taxi
Company at least 48 hours before it is set to be shown, the Taxi Company shall
furnish to the Advertiser a proof of the advertisement. Advertiser may request,
provided that the Advertiser returns such proof, with all corrections or changes
noted, at least 24 hours before it is to appear in the Taxi Advertising Space. If
the proof is not returned before that time, the Taxi Company may regard the
advertisement so set as correct and may insert it in the Taxi Advertising Space.
In that event, the Taxi Company shall not be liable for any errors that may exist
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C. Errors. The Taxi Company shall not be liable for any errors in any
advertisement unless the proof is returned in ample time for corrections to be
made before the Taxi Advertising Space goes to press. If the Taxi Company does
not correct any properly noted error, its liability shall be only for that portion of
the entire cost of such advertisement as the space occupied by the noted error
bears to the whole space occupied by the advertisement.
D. Order terms. The Advertiser shall use the Taxi Company's standard Taxi
Advertising Space order form. No change or addition to the stated terms and
conditions shall be binding on the Taxi Company, and any attempt to alter such
terms and conditions shall be treated as a request only. If orders contain incorrect
rates or conditions, the advertising referred to in the orders shall be published,
and the Advertiser shall pay for them, at the rate applicable to such advertising
in accordance with the terms of this Agreement.
E. Unavailable space. The Taxi Company may omit any advertisement when the
space allotted to advertising in a particular issue has been filled. In addition, the
Taxi Company may limit the amount of space the Advertiser may use in any one
F. Materials. The Taxi Company shall not be responsible for drawings, cuts, or
mats left with it for more than 30 days after they are no longer to be used by the
8. Omission of advertisement. The Taxi Company's failure to insert any advertisement in any
given Taxi Advertising Space shall be deemed immaterial, and shall not be considered a breach
of this Agreement. Moreover, the Taxi Company shall not be liable for damages for any failure
to insert an advertisement. If copy for an advertisement is submitted in accordance with the
provisions of this Agreement and that copy is omitted from one or more issues of the Taxi
Advertising Space, the Advertiser's sole remedy shall be to require the Taxi Company to publish
the identical advertisement or an advertisement of the same size within _______ [six (6)] days
after the date of such omission in a subsequent issue of the Taxi Advertising Space.
9. Cancellation by Taxi Company.
A. Advertiser's breach. The Taxi Company may cancel this Agreement at any time:
(i) if the Advertiser breaches any term or condition thereof, including failure to
timely pay any bill submitted by the Taxi Company; (ii) if the Advertiser
becomes insolvent or files an assignment for the benefit of creditors; or (iii) if
any insolvency proceeding is commenced by or against the Advertiser. The Taxi
Company shall give the Advertiser written notice of cancellation not less than 30
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days before the cancellation is to be effective.
B. Payment due. If the Taxi Company cancels, the Advertiser shall immediately
pay for all advertising published under this Agreement at the rate earned for the
amount of space actually used according to the Taxi Company's rate schedule in
effect, and for any other charges incurred in connection with this Agreement.
10. Cancellation by advertiser. The Advertiser may cancel this Agreement at any time by giving
written notice to the Taxi Company. Upon such cancellation, the Advertiser shall immediately
pay for all advertisements published at the rate earned for the amount of space actually used,
according to the Taxi Company's rate schedule in effect, and for any further charges incurred.
11. Indemnification. The Advertiser assumes full and complete responsibility and liability for the
content of all advertising copy submitted, printed, and published pursuant to this Agreement, and
shall indemnify and hold the Taxi Company harmless from and against all demands, claims, or
liability. The Advertiser shall reimburse the Taxi Company for any amount paid by the Taxi
Company in settlement of claims or in satisfaction of judgments obtained by reason of Taxi
Advertising Space of such advertising copy, together with all expenses incurred in connection
therewith, including, but not limited to, attorney's fees and costs of litigation.
12. Impossibility of performance. The Taxi Company shall not be responsible or liable for any
damages to the Advertiser for failing to insert an advertisement if the omission is due to a labor
dispute, strike, war, riot, insurrection, civil commotion, fire, flood, accident, storm, or any act of
God, or any cause beyond the Taxi Company's control. The Advertiser, however, may have the
advertisement inserted in a future issue of the Taxi Advertising Space, subject to the terms and
conditions of this Agreement, or opt to leave out the advertisement and not be charged by the
Taxi Company. If the Advertiser elects the latter option, the rate charged per line of advertising
shall not be affected by the reduction in space used.
13. Assignment and delegation. Neither party may assign any rights or delegate any duties
hereunder without the other party's express prior written consent.
14. Entire agreement. This instrument contains the entire agreement of the parties. No
representations were made or relied upon by either party, other than those expressly set forth. No
agent, employee, or other representative of either party is empowered to alter any of the above
terms, unless done in writing and signed by an executive officer of the respective parties.
15. Controlling law. This Agreement is being executed and performed in the State of
______________, and its validity, interpretation and performance shall be controlled by and
construed under the laws of such state.
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16. Failure to object not a waiver. The failure of either party to this Agreement to object to, or to
take affirmative action with respect to any conduct of the other which is in violation of the terms
of this Agreement shall not be construed as a waiver of the violation or breach, or of any future
violation, breach or wrongful conduct.
17. Notices. All notices or other documents under this Agreement shall be in writing and
delivered personally or mailed by certified mail, return receipt requested, postage prepaid,
addressed to the Advertiser or the Taxi Company at their last known addresses.
18. Headings. Headings in this Agreement are for convenience only and shall not be used to
interpret or construe its provisions.
19. Counterparts. This Agreement may be executed in two or more counterparts, each of which
shall be deemed an original but all of which together shall constitute one and the same
Executed as of the date first above written.
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