RoadSide Retreat LLC d/b/a "TruckTuck"
Multi-State Edition (FL, IL, OK, TX, AL, KY, GA)
Version 9.9 — Last Updated: July 13, 2026
Version 9.9 incorporates Amendment No. 1 (Sections 1.1 and 1.6 and Article 11 — marketplace bookings and assent by conduct) and reduces the Yard speed limit to 5 MPH (Exhibits C and D).
NOTICE: THIS AGREEMENT CONTAINS IMPORTANT LIMITATIONS OF LIABILITY, RELEASES OF CLAIMS, INDEMNITY OBLIGATIONS, A WAIVER OF JURY TRIAL AND CLASS ACTIONS, AND MANDATORY ARBITRATION. SECTIONS 1.5, 4.15, 8.2, 8.3, 8.6, 8.10, 8.11, AND ARTICLE 9 MATERIALLY LIMIT YOUR LEGAL RIGHTS. READ CAREFULLY BEFORE ACCEPTING.
This Truck Parking License Agreement ("Agreement") is entered into by and between RoadSide Retreat LLC d/b/a TruckTuck ("TruckTuck") and (a) the entity or individual creating an account with, or making a booking through, the TruckTuck platform or any Third-Party Marketplace (as defined in Section 1.6) ("Account Holder"); (b) each driver using any Yard under or in connection with that account or booking ("Authorized Driver"); and (c) any entity or individual who enters a Yard, or parks or detaches equipment at a Yard, whether or not a booking exists ("Yard User"). Account Holder, all Authorized Drivers, and all Yard Users are collectively referred to as "Customer" and are jointly and severally liable for all obligations hereunder. References in this Agreement to a "booking" include bookings made through any Third-Party Marketplace.
This Agreement grants Customer a revocable, non-exclusive, non-transferable license to occupy designated truck parking space(s) or open-yard parking area(s) at the TruckTuck yard(s) identified in the booking confirmation (each, a "Yard"). This Agreement is not a lease or tenancy, and no landlord-tenant rights arise under, without limitation, FL Ch. 83, IL 735 ILCS 5/9, TX Property Code Ch. 92/93, OK Title 41, AL Code Title 35, KY KRS Ch. 383, or GA OCGA Title 44. This Agreement does not create a bailment, warehouseman, or custodial relationship. Customer retains exclusive care, custody, and control of its vehicle(s), trailer(s), and cargo at all times. Customer shall not sublicense, sublet, assign, share, resell, or otherwise transfer any space, booking, or access credential to any other person, and any attempt to do so is void and a material breach. Responsibility for the trailer seal, reefer or cargo temperature, locks, chocks, and the mechanical integrity of the equipment remains solely with Customer.
In addition to terms defined elsewhere in this Agreement:
"ALPR" means automated license plate recognition systems used for gate access, logging, and security.
"Yard" means any TruckTuck-operated or managed truck parking facility.
"Tailgating" means entering or exiting a Yard by following another vehicle or person through a gate or access point without independent authentication of the trailing vehicle or person.
"Surveillance Materials" means all video footage, ALPR captures, still images, gate logs, and associated metadata generated by TruckTuck's systems.
"Support Pads" means load-bearing pads placed beneath trailer landing gear that meet the minimum specifications in Exhibit B.
"Failed-Move" means any landing gear collapse, sinking into pavement, fifth-wheel misalignment, trailer tip, or other condition requiring cranes, rotators, heavy wrecker, winching, re-spotting, or similar recovery, as further described in Section 5.2.
"Hazardous Materials" or "HazMat" means any material classified, listed, or regulated as hazardous under applicable U.S. Department of Transportation, U.S. Environmental Protection Agency, or state laws and regulations.
"Liquidated Damages" means the pre-estimated amounts so designated in Exhibit A, agreed by the parties under Section 2.5.
"Personal Data" means information that identifies or is reasonably linkable to an identified or identifiable individual, as defined under applicable state privacy law.
"Property Owner" means, with respect to each Yard, the entity that owns the real property on which that Yard is located, as identified in Exhibit F. The Yards are owned by separate entities and operated by TruckTuck under the arrangements described in Section 1.4.
"Motor Carrier" means the motor carrier holding the USDOT and/or MC operating authority under which a vehicle or trailer enters or uses a Yard, as identified by the equipment's markings, the associated USDOT/MC number, or the Authorized Driver.
"Target Commodities" means high-value or theft-prone cargo, including without limitation consumer electronics, mobile devices, computers and components, pharmaceuticals, copper and other non-ferrous metals, tires and wheels, tobacco, alcohol, firearms and ammunition, designer apparel and footwear, and similar goods commonly targeted for cargo theft.
"Gross Negligence" means conduct constituting gross negligence under the law of the state governing the applicable Yard — that is, a conscious and voluntary act or omission in reckless disregard of a legal duty and of the foreseeable consequences to another. For the avoidance of doubt, equipment malfunction, intermittent or temporary outage of cameras, gates, ALPR, lighting, power, or connectivity, and the criminal, tortious, or unauthorized acts of third parties (including gate-crashers, trespassers, and thieves) do not, standing alone, constitute Gross Negligence by TruckTuck.
"Willful Misconduct" means intentional wrongdoing, or intentional disregard of a known duty, by a management-level employee of TruckTuck acting within the scope of employment.
The Yards are owned by separate entities (each, a "Property Owner") identified in Exhibit F. TruckTuck operates and manages each Yard as operator pursuant to a lease, license, or management arrangement with the applicable Property Owner. TruckTuck is authorized to grant the license in Section 1.2, to administer the Yard, and to exercise all rights under this Agreement — including the direction of towing, removal, and immobilization — on its own behalf and, where applicable, as the authorized agent of the Property Owner. The Property Owners are intended third-party beneficiaries of this Agreement as provided in Section 10.11. For all purposes under this Agreement — including the grant of license, gate access enforcement, immobilization under Section 2.4, towing direction under Section 7.1, and lien enforcement — TruckTuck acts both as principal operator and as the authorized agent of the applicable Property Owner, with full authority to bind and to execute self-help and statutory remedies on the Property Owner's behalf.
(a) By creating a booking, entering a Yard, or detaching or parking equipment, each Account Holder and Authorized Driver represents and warrants that he or she is authorized to act for, and to bind, the Motor Carrier associated with the equipment, and agrees that the Motor Carrier is jointly and severally liable, together with the Account Holder and all Authorized Drivers, for all obligations under this Agreement, regardless of who created the booking or holds the payment method on file. (b) Enhanced Security for Small or Unverified Carriers. Where the Motor Carrier has fewer than five (5) power units registered under its USDOT/MC authority at the time of booking, or where TruckTuck cannot verify a registered EIN distinct from the signing individual's SSN, TruckTuck may, as its primary protection, condition access on (i) an increased Operational Security Hold of up to USD $1,000.00 per booking, (ii) prepayment, and/or (iii) denial of Target Commodity authorization under Section 6.4. (c) Optional Personal Guarantee. A personal guarantee of the Motor Carrier's monetary obligations may be required only where the signer provides a separate, conspicuous, affirmative consent to that guarantee (distinct from general acceptance of this Agreement). Absent such separate consent, no individual is a personal guarantor, and the enhanced security in subsection (b) applies instead. Any guarantee so given is a continuing guarantee, survives termination, and may be enforced directly against the guarantor. (d) If any Motor Carrier disputes being bound, the Account Holder and each Authorized Driver remain jointly and severally liable and shall indemnify TruckTuck for any resulting shortfall. This Section supplements, and does not limit, the joint and several liability stated in Section 1.1.
TruckTuck offers parking at the Yards both directly through the TruckTuck platform and through third-party reservation marketplaces, aggregators, and resellers, including without limitation Truck Parking Club, Neighbor, and SecurSpace (each, a "Third-Party Marketplace"). All TruckTuck listings on any Third-Party Marketplace are made expressly subject to, and incorporate by reference, this Agreement, available at trucktuck.com/yardterms. By completing a booking for any Yard through a Third-Party Marketplace, or by entering or using any Yard pursuant to such a booking, Customer accepts and agrees to be bound by this Agreement. The Third-Party Marketplace's own terms govern solely the relationship between Customer and that marketplace (including platform use, payment processing, and marketplace fees); this Agreement exclusively governs Customer's entry into, use of, and conduct at the Yards and the allocation of risk and liability relating thereto, consistent with the channel-scope provisions of Section 2.9. In the event of any conflict between a Third-Party Marketplace's terms and this Agreement with respect to physical Yard use, risk allocation, releases, or liability, this Agreement controls as between Customer and TruckTuck and the Property Owners. No Third-Party Marketplace is an agent of TruckTuck or any Property Owner, and no Third-Party Marketplace has authority to modify this Agreement.
A reservation is confirmed only upon successful payment authorization. Cancellations made more than twenty-four (24) hours before the scheduled check-in time are fully refundable. Cancellations within twenty-four (24) hours of check-in, or no-shows, forfeit one hundred percent (100%) of the booked amount.
If any equipment remains in the Yard beyond the reserved checkout time, TruckTuck may, without further notice, automatically charge the payment method on file the greater of (a) the hourly overstay rate specified in Exhibit A; or (b) a new full daily rate for each day (or portion thereof) of overstay. Overstay does not create any tenancy or right of continued occupancy.
All fees, penalties, and charges are set forth in Exhibit A (Fee Schedule) and may be updated from time to time via the TruckTuck app or website. The fee in effect at the time of the event or violation will govern. Annual increases to the base parking rates only are capped at the lesser of (i) seven percent (7%) or (ii) the year-over-year percentage change in CPI-U. This cap does not apply to Liquidated Damages, administrative surcharges, pass-through costs, towing/storage charges, or punitive penalties, which TruckTuck may update at its sole discretion to reflect operational risk and deterrence.
To the maximum extent permitted by applicable state law (including, without limitation, Texas Property Code Chapter 70, Georgia Code Title 44, the Illinois Compiled Statutes, and analogous laws in FL, OK, AL, and KY), TruckTuck asserts a continuing storage and possessory lien on Customer's vehicle(s), trailer(s), and equipment lawfully within its possession, and on cargo only to the extent expressly authorized by applicable law, for all unpaid parking fees, overstay charges, penalties, recovery costs, towing/impound fees, and environmental or property-damage amounts. For the avoidance of doubt, and consistent with Section 1.2, the lien asserted under this Section is a statutory and common-law storage and possessory lien only; it does not create, and the parties expressly disclaim, any warehouseman's, bailment, or custodial relationship. TruckTuck may, in its sole discretion and subject to applicable law, physically immobilize (boot) equipment or deny gate egress until the outstanding balance is paid in full.
The parties agree that certain harms arising from breach (including, without limitation, Tailgating, overstay, footprint overage, obstruction of drive aisles, and failure to deploy Support Pads) are difficult or impractical to estimate accurately at the time of contracting. The amounts designated as "Liquidated Damages" in Exhibit A represent the parties' good-faith pre-estimate of the probable loss to TruckTuck (including administrative, security, enforcement, and operational costs), are proportionate to the anticipated harm, and are not intended as a penalty. Each party acknowledges these amounts are reasonable in light of the anticipated harm and the difficulty of proof, and waives any defense that they constitute an unenforceable penalty. Amounts designated in Exhibit A as administrative fees, pass-through costs, or surcharges are not liquidated damages and instead reflect actual or reasonably estimated costs.
Customer agrees to contact TruckTuck in good faith to resolve any billing dispute before initiating a chargeback or payment-network dispute, and not to initiate a chargeback for charges that are documented and consistent with this Agreement. This Section does not waive, and shall not be construed to waive, any right Customer cannot lawfully waive under the Fair Credit Billing Act, Regulation Z, or applicable payment-network rules. TruckTuck may submit this Agreement together with relevant Surveillance Materials and transaction records as evidence in any billing dispute.
Customer authorizes TruckTuck to place a pre-authorization hold of USD $150.00 on the payment method on file at or before entry as security for cleaning, debris removal, and minor damage. If camera footage or inspection confirms that Customer left debris in or damaged the space, TruckTuck may capture the hold and charge the applicable fees in Exhibit A; otherwise the hold is released in the ordinary course. The hold does not limit Customer's liability for amounts exceeding the held sum.
All parking rates, administrative fees, liquidated damages, security holds, pass-through costs, and other charges quoted through the TruckTuck Platform or set forth in Exhibit A are exclusive of any applicable federal, state, county, municipal, or local taxes, including without limitation Sales and Use Tax, Parking Excise Tax (including the Illinois Parking Excise Tax, 35 ILCS 525/), local parking occupancy taxes, gross receipts taxes, surtaxes, and similar indirect taxes (collectively, "Taxes"). For the avoidance of doubt, Taxes apply not only to base parking fees but also to overstay charges, administrative fees, cleaning fees, recovery costs, and other amounts that constitute taxable gross receipts under applicable state or local law. Any Taxes required to be collected will be added as a separate line item at checkout, or at the time a taxable charge is captured or posted to Customer's account, and Customer agrees to pay all such Taxes without deduction, offset, or chargeback.
For bookings made through the TruckTuck Platform, TruckTuck (directly or through the applicable Property Owner) acts as the direct operator and provider of the Yard parking services, and not as a marketplace facilitator for third-party sellers. As the direct operator, TruckTuck collects and remits the legally required Taxes on such bookings to the extent required by applicable law. Customer authorizes TruckTuck to make taxability and sourcing determinations in good faith based on the Yard service location (ZIP code of the applicable Yard) and prevailing law, including reliance on third-party tax engines and CPA opinion letters. TruckTuck's collection of Taxes in any specific jurisdiction reflects its good-faith determination of its legal obligations as of the transaction date and shall not be deemed an admission, waiver, or position regarding any other jurisdiction, period, or tax type. Channel scope — tax and commercial terms only. The tax provisions of this Agreement, together with its booking, pricing, payment, and cancellation terms, apply only to bookings made through the TruckTuck Platform. Where a Yard is also listed on a third-party marketplace (for example, Truck Parking Club or Neighbor), the booking, pricing, payment, and tax treatment of bookings made through that marketplace are governed by that marketplace's own terms, and that marketplace — not TruckTuck — may act as the marketplace facilitator responsible for collecting and remitting Taxes on those transactions. This channel limitation is confined to tax treatment and to booking, pricing, payment, and cancellation terms. On-premises terms apply to all entrants. The Yard Rules and all on-premises terms of this Agreement — including the license (and not lease or bailment) characterization, the conduct and safety rules, assumption of risk, the surveillance and ALPR notice and consent, the towing and vehicle-removal authorization, and the related releases, waivers, limitations of liability, and indemnities — apply to every person who enters or uses a Yard, regardless of the platform or channel through which any booking was made. Entry into or use of a Yard constitutes acceptance of those on-premises terms, as further provided in the acceptance provisions of this Agreement and any notice posted at, or presented at the point of entry to, the Yard. Those on-premises terms are in addition to, and not in place of, the terms of any third-party marketplace.
If Customer claims any exemption from Taxes (including without limitation resale, interstate commerce, governmental, or other statutory exemptions), Customer must provide TruckTuck with a valid, properly completed, state-specific exemption certificate, resale certificate, or equivalent documentation prior to the applicable booking, and must promptly update or replace any certificate that lapses, is revoked, or becomes invalid. TruckTuck may reject any exemption documentation in its sole discretion. Customer represents and warrants that all exemption documentation, tax identification numbers (including USDOT, MC, EIN, or state tax IDs), and transaction classifications provided are true, correct, and legally sufficient. Customer shall indemnify, defend, and hold harmless TruckTuck, the Property Owners, and their respective affiliates from and against any Taxes, penalties, interest, audit assessments, professional fees, and defense costs imposed by any taxing authority arising out of (i) Customer's failure to provide valid exemption documentation; (ii) use of an invalid, expired, or incorrect exemption; (iii) Customer's misclassification of the transaction; or (iv) Customer's misrepresentation of its tax status.
Tax rates, rules, and interpretations may change. TruckTuck may adjust Taxes charged on any transaction (including prospectively on confirmed reservations not yet consumed) to reflect changes in law as of the effective date mandated by the relevant taxing authority. Where any Tax is legally imposed on TruckTuck but is properly attributable to Customer's use of the Yard, Customer agrees to gross-up payments so that TruckTuck receives the full net amount it would have received absent such Tax.
Customer shall cooperate in good faith with any tax audit, inquiry, summons, or assessment relating to Customer's transactions on the Platform, including by providing supporting documentation of exemption claims, interstate-commerce activity, business use, vehicle registration, USDOT/MC identity, and corporate structure. Customer's obligations under Sections 2.8 through 2.12 survive termination of this Agreement and remain enforceable through the longest applicable statute of limitations in each relevant tax jurisdiction, including any extended period applicable to non-filers, fraud, or substantial underpayment. Disclosure of Customer information to taxing authorities, revenue departments, auditors, or professional advisers in furtherance of tax compliance shall not constitute a breach of confidentiality or privacy under this Agreement or the Privacy Policy.
In the event of any tax assessment, audit finding, refund denial, or liability resulting from Customer's invalid tax exemption, misclassification, underpayment, or breach of this Section 2, TruckTuck is irrevocably authorized, subject to applicable law, to charge Customer's payment method on file, or to set off and recoup the full amount of such assessed Taxes, penalties, and interest against any current or future balances, payouts, or credits owed to Customer or its affiliates, without the requirement of a judicial order. TruckTuck shall provide not less than forty-eight (48) hours' prior electronic notice (via in-app message, email, or SMS to the contact information on file) before any such set-off, recoupment, or charge; provided, however, that no advance notice is required where (i) immediate action is reasonably necessary to prevent imminent loss, fraud, asset flight, or further accrual of Taxes, penalties, or interest; (ii) the underlying charge has already been the subject of a prior in-app debt acknowledgment; or (iii) Customer is a verified business entity with an EIN distinct from any individual SSN. Notice is deemed received when sent. This right is in addition to TruckTuck's other remedies and does not waive any right Customer cannot lawfully waive under Section 2.6.
A pre-authorization hold is an authorization only; if not captured, it expires without any amount being owed to Customer. If Customer's account has a credit balance, refund, or other amount owed by TruckTuck, and Customer remains incommunicado or fails to request payout for sixty (60) consecutive days, TruckTuck may assess a monthly administrative maintenance fee of USD $5.00 (or the maximum amount permitted by applicable law, whichever is less) against such balance to cover account-management and compliance costs. If, after expiration of the applicable statutory dormancy period under state law, any remaining funds have not been claimed, TruckTuck will comply with applicable state unclaimed-property and escheatment laws, which control over any contrary provision of this Section.
For damage, recovery, or penalty amounts exceeding the Operational Security Hold, TruckTuck may require Customer to execute an in-app acknowledgment of debt and authorization for the specific amount, and may suspend Customer's and the Motor Carrier's access across the TruckTuck network until the amount is acknowledged, paid, or secured. TruckTuck may refer any unpaid amount to third-party collection agencies and report it to commercial credit bureaus (including, without limitation, Dun & Bradstreet and Experian Commercial), and Customer and the Motor Carrier are jointly and severally liable for reasonable collection costs and fees to the extent permitted by law. This Section supplements Section 2.6 and does not waive any right Customer cannot lawfully waive.
Access to the Yard is granted only through TruckTuck-approved authentication methods, which may include ALPR, mobile credentials, PIN codes, intercom verification, or physical permit tags, as specified by TruckTuck from time to time. Every vehicle and trailer present in a Yard must be registered to an active account and associated with a current, paid booking; unregistered or unauthorized equipment is subject to removal under Article 7. Customer must ensure that all license plates are clean, unobstructed, and legible at all times. Illegible plates may incur an administrative fee (see Exhibit A).
Customer and all Authorized Drivers shall not, under any circumstances, engage in Tailgating. Prohibited conduct includes, without limitation:
(a) following another tractor, trailer, automobile, or pedestrian through an open gate without independent authentication;
(b) holding, propping, or obstructing a gate to allow another vehicle or person to pass;
(c) sharing or passing credentials, PINs, or mobile tokens to any non-authorized party; or
(d) entering on foot through a vehicle gate.
Each Tailgating event constitutes a material breach of this Agreement, triggers an automatic Tailgating Fee (see Exhibit A), and may result in immediate suspension of gate credentials, termination of access, issuance of a trespass notice, and referral to law enforcement for criminal trespass.
Customer acknowledges that temporary outages of ALPR, app connectivity, Wi-Fi, power, or gate hardware may occur. In such events, Customer must use TruckTuck's designated fallback methods (e.g., intercom, backup PIN, or physical permit tag). Access delays or inconvenience arising from such outages do not constitute a breach of this Agreement by TruckTuck and do not entitle Customer to refunds or offsets.
Within fifteen (15) minutes of app check-in, Customer must report any pre-existing damage, debris, or hazard in the assigned space by submitting dated photographs through the platform. Absent a timely report, the space is presumed to have been delivered clean and in good condition, and any damage, debris, spill, or hazard identified during or after Customer's occupancy is presumed attributable to Customer and chargeable under Exhibit A and Section 2.7. The fifteen (15)-minute window applies exclusively to pre-existing conditions at check-in; any new damage, spill, or incident that occurs during Customer's occupancy must instead be reported within four (4) hours of occurrence. This Section allocates the burden of documenting condition and does not expand TruckTuck's duties under Section 8.8.
Customer is hereby placed on conspicuous notice and expressly consents that:
(a) the entire Yard (entrances, exits, drive lanes, parking spaces, and common areas) may be under continuous 24/7 video surveillance, including high-definition video, ALPR, still images, and low-light/infrared imaging;
(b) no audio is recorded at general surveillance locations, in compliance with applicable two-party-consent and eavesdropping statutes (including, without limitation, Fla. Stat. § 934.03; 720 ILCS 5/14-2; KRS 526.010 et seq.). Audio may be recorded only at intercom points where Customer initiates communication and is separately notified; and
(c) TruckTuck's standard surveillance does not collect "biometric identifiers" or "biometric information" as defined by laws such as the Illinois Biometric Information Privacy Act (BIPA) and the Texas Capture or Use of Biometric Identifier Act (CUBI). ALPR captures vehicle license plates only.
Surveillance Materials may be retained by TruckTuck and its vendors for up to five (5) years from the date of capture, for legitimate business purposes including safety, theft and fraud prevention, claims defense, chargeback evidence, insurance, environmental incident reconstruction, and regulatory compliance. Financial and transactional records may be retained for at least seven (7) years or as otherwise required by tax and accounting rules.
Customer expressly authorizes TruckTuck to disclose, share, transfer, or otherwise make available Surveillance Materials and related data to:
(a) law enforcement, prosecutors, and government agencies (with or without subpoena, where lawful);
(b) insurance carriers, claims adjusters, and surety or bond providers;
(c) motor carriers, brokers, shippers, consignees, and cargo owners with a colorable interest in the cargo or equipment;
(d) attorneys, courts, arbitrators, and other dispute-resolution forums;
(e) TruckTuck's affiliates, vendors, contractors, and cloud-storage providers under confidentiality obligations;
(f) successors, purchasers, or assignees of TruckTuck or its assets; and
(g) any other party where TruckTuck reasonably believes disclosure is necessary to protect persons, property, or legal rights.
TruckTuck does not sell Personal Data (including license-plate data) to third parties for monetary consideration, and does not engage in "sales" of Personal Data or "targeted advertising" as those terms are defined under the Florida Digital Bill of Rights, the Texas Data Privacy and Security Act, or analogous state laws. Disclosures made for security, fraud prevention, legal compliance, claims defense, or at Customer's direction, and disclosures to processors under confidentiality obligations, are not "sales." To the extent any disclosure under Section 4.3 were nonetheless deemed a "sale" or "sharing" under applicable law, Customer may opt out, and may submit other verifiable consumer requests, by contacting TruckTuck at info@trucktuck.com.
(a) Florida (FDBR): to the extent the Florida Digital Bill of Rights applies, Customer is provided notice of processing and may submit verifiable consumer requests to TruckTuck at info@trucktuck.com. (b) Illinois: TruckTuck does not collect BIPA-covered biometrics; audio recording complies with 720 ILCS 5/14-2. (c) Texas: TruckTuck does not collect CUBI-covered biometrics and posts conspicuous recording signage as required. (d) Other States (OK, AL, KY, GA): TruckTuck complies with applicable surveillance, eavesdropping, and consumer-protection statutes in each state.
TruckTuck maintains reasonable administrative, technical, and physical safeguards designed to protect Surveillance Materials and Personal Data appropriate to their sensitivity. In the event of a security incident affecting Personal Data, TruckTuck will provide notice as and to the extent required by applicable law. Customer acknowledges that no system is perfectly secure and that TruckTuck does not guarantee that its safeguards will prevent all unauthorized access.
TruckTuck will post signs at every Yard entrance substantially stating: "NOTICE: This facility is under 24/7 video surveillance. Recordings may be retained up to 5 years and shared with law enforcement, insurers, and other third parties. No audio is recorded. By entering, you consent."
Customer acknowledges and agrees that gates, fences, lighting, ALPR, and surveillance systems are provided solely as deterrence and facility-management tools and do not guarantee the prevention of unauthorized entry, vandalism, fire, or theft of equipment or cargo. TruckTuck does not provide active guard services or real-time monitoring. CUSTOMER EXPRESSLY WAIVES ANY CLAIM BASED ON AN "ILLUSION OF SECURITY" OR THE FAILURE OR MALFUNCTION OF ANY SECURITY MEASURES, except to the extent such waiver is prohibited by applicable law or the loss results from TruckTuck's gross negligence or willful misconduct.
Surveillance is for TruckTuck's own business and risk-management purposes and does not create any special duty of care, bailment, or custodial obligation toward Customer.
Customer acknowledges that proper provision of the services depends on, and Customer expressly consents to, TruckTuck's collection and processing of: (a) real-time and background location of the device associated with a booking; (b) camera images, including ALPR; (c) entry and exit records (gate, sensor, and app logs); and (d) telemetry or electronic logging device (ELD) data where integrated. This data is processed for access control; prevention of overstay, abandonment, and fraud; physical security of the Yard; billing and audit; and legal compliance. Customer's refusal to grant, or revocation of, the device-location permission may result in denial or suspension of Yard access, automatic cancellation of a booking, or limited app functionality, without refund of amounts already paid. This Section is subject to the privacy and state-law framework in Sections 4.4 through 4.6.
As between the parties, TruckTuck owns the Surveillance Materials and all aggregated and de-identified data derived from Yard operations and may use such data for any lawful purpose. Customer may access logs relating to its own account and equipment but shall not (a) use TruckTuck data for any competitive purpose, (b) reverse engineer or attempt to derive the platform's systems or models, or (c) scrape, resell, or redistribute the data. Personal Data is handled as described in Sections 4.4 through 4.6.
Customer agrees that Surveillance Materials, ALPR captures, gate and sensor logs, app GPS data, and platform telemetry are accurate and reliable business records and constitute prima facie evidence of Customer's presence, entry and exit times, and the events recorded. Customer shall not assert a generic or unsupported challenge to such records and may dispute them only with specific, contemporaneous technical evidence. This Section does not limit any right that cannot be waived under applicable rules of evidence or law.
The Yard is a private industrial facility with heavy equipment movement. Customer is solely responsible for the safety of any passenger, pet, family member, mechanic, vendor, or other third party brought to or admitted into the Yard under Customer's account or with Customer's equipment. Customer waives its own claims against TruckTuck and each Property Owner for personal injury, death, or property damage to such persons or animals, to the maximum extent permitted by applicable law. Customer acknowledges it cannot, and does not purport to, waive the independent rights of any third party who has not agreed to this Agreement; instead, Customer shall indemnify, defend, and hold harmless TruckTuck and each Property Owner from and against any claim brought by or on behalf of any such third party for personal injury, death, or property damage arising from that third party's presence in the Yard under Customer's account or with Customer's equipment, subject to Section 8.3.
Customer acknowledges that Yard personnel and independent contractors have a reasonable expectation of privacy regarding their verbal communications. Customer warrants that any continuous audio-video recording devices on its equipment (e.g., AI dashcams such as those from Samsara or Motive) will not be used to secretly record the verbal communications of TruckTuck staff or subcontractors. The Motor Carrier shall fully indemnify and defend TruckTuck against any statutory privacy or eavesdropping claim (including under state two-party-consent and wiretapping laws, BIPA, or CUBI) arising from Customer's own recording equipment while on the premises.
Customer expressly acknowledges and agrees that: (a) physical yard services — including security patrols, gate operation, ALPR monitoring, snow and ice removal, landscaping, maintenance, cleanup, and towing — are performed by independent third-party contractors operating under their own corporate names, insurance, and supervision, and not by employees of TruckTuck or any Property Owner; (b) the presence of TruckTuck signage, mobile-app branding, uniforms, gate-screen displays, or Yard naming conventions reflects only TruckTuck's role as platform operator and licensor, and is not any indicia, holding-out, or representation of agency, employment, joint venture, or control over any independent contractor; (c) where an independent contractor's uniform, vehicle, invoice, or identification badge displays the contractor's own corporate identity, that identity controls for all purposes of agency, vicarious liability, and respondeat superior analysis; and (d) Customer waives, to the maximum extent permitted by applicable law, any claim against TruckTuck or any Property Owner premised on apparent agency, ostensible authority, agency by estoppel, or non-delegable duty arising from such branding or visual cues, and Customer's sole recourse for any damage, loss, or injury allegedly caused by such independent contractors is against the contractor directly and/or its insurer. This Section supplements, and does not limit, Section 8.11.
Any detached trailer must at all times rest on fully functional landing gear compliant with 49 C.F.R. Part 396 and, when surface conditions require, on adequate Support Pads meeting the minimum specifications in Exhibit B (footprint ≥ 18″ × 18″, load rating ≥ 50,000 lb, minimum thickness 1.5″ engineered composite or 0.5″ steel). Use of improvised materials (including, without limitation, wood, bricks, dunnage, tires, or scrap) is strictly prohibited.
A "Failed-Move" includes, without limitation, any landing gear collapse, sinking into pavement, fifth-wheel misalignment, trailer tip, or other condition requiring cranes, rotators, heavy wrecker, winching, re-spotting, or similar recovery. Customer is solely and exclusively responsible for:
(a) all towing, crane, lifting, recovery, winching, re-spotting, and associated labor costs;
(b) all pavement, fence, gate, and property repairs;
(c) all environmental sampling, containment, and cleanup;
(d) all third-party delay or business-interruption damages reasonably incurred; and
(e) a fifteen percent (15%) administrative surcharge on all such amounts.
Billing disputes and chargebacks relating to documented recovery invoices are governed by Section 2.6. If TruckTuck arranges an actual tow or impound, the applicable state or local towing law will govern that removal in addition to Customer's contractual liability for recovery and damage costs under this Article.
Customer shall not park or store any vehicle or trailer containing Hazardous Materials in the Yard without TruckTuck's prior written authorization and a full DOT declaration (UN number, class, and quantity).
Upon detection of any leak, spill, release, or environmental contamination involving Customer's equipment or cargo, TruckTuck may immediately retain third-party emergency response, containment, remediation, and reporting contractors without prior approval from Customer and invoice Customer for (a) all such contractor charges, plus (b) a 15% administrative surcharge.
Customer shall indemnify, defend, and hold TruckTuck harmless from and against any and all claims, fines, penalties, cleanup costs, and liabilities under federal, state, or local environmental laws (including, without limitation, CERCLA, RCRA, and state analogues in FL, IL, TX, OK, AL, KY, GA) arising out of or relating to Customer's equipment, cargo, or activities in the Yard.
Customer shall not detach, drop, or leave unattended in any Yard a trailer or container holding Target Commodities unless Customer has (a) given TruckTuck prior written notice through the platform and (b) paid the premium security fee set forth in Exhibit A; alternatively, the Authorized Driver must remain coupled to and present with the equipment. Customer's failure to disclose Target Commodities as required is a material breach that exposes the Yard to heightened risk; in that event, to the fullest extent permitted by law, Customer waives and forfeits any claim against TruckTuck or the Property Owner for theft of, or damage to, the undisclosed cargo, owes the penalty stated in Exhibit A, and shall indemnify TruckTuck for any loss, claim, or enforcement cost arising from the undisclosed presence of Target Commodities. Disclosure of cargo under this Section does not create any bailment, custodial duty, or duty to guard, and does not alter Sections 1.2, 4.8, or 4.9.
No maintenance, repair (other than minor roadside-type repairs where expressly posted), fluid change or draining, washing, or hot work (welding, cutting, grinding, or open-flame or torch use) may be performed anywhere in a Yard. Violation is a material breach permitting immediate termination of the booking and removal of the equipment, triggers the penalties in Exhibit A, and obligates Customer to indemnify TruckTuck in full for any resulting pavement or soil contamination, remediation, fire, and regulatory costs, plus the administrative surcharge in Section 6.2.
TruckTuck may direct the towing or removal of any vehicle or trailer that is immobilized, abandoned, in material breach of this Agreement, or posing a safety or operational risk, subject to and in accordance with the towing statute of the state in which the Yard is located, including without limitation: Florida — Fla. Stat. § 715.07; Illinois — 625 ILCS 5/4-203 and 18a-200 et seq.; Texas — Tex. Occ. Code Ch. 2308; Oklahoma — 47 O.S. § 954A; Alabama — Ala. Code § 32-13-1 et seq.; Kentucky — KRS 376.275, 281.655; Georgia — O.C.G.A. § 44-1-13. In directing any towing or removal, TruckTuck acts on its own behalf and as the authorized agent of the applicable Property Owner identified in Exhibit F, and posted signage will identify the authorizing party (owner or authorized agent) as required by the applicable state towing statute. TruckTuck retains licensed and properly insured towing operators for each Yard as needed; the designated operator, storage location, and any statutorily required information are identified on posted signage at the Yard and provided upon request, and may be updated from time to time in accordance with applicable law.
Upon a National Weather Service or local emergency declaration for a Category 2 or higher hurricane or equivalent severe weather affecting a Yard, TruckTuck may issue a mandatory evacuation order requiring removal of all Customer equipment within forty-eight (48) hours (or shorter period if required by authorities). Equipment remaining after the deadline may be towed or relocated at Customer's sole cost and risk, and Customer irrevocably authorizes such removal. Customer's removal obligation and any related penalty are suspended for so long as a mandatory civil order restricting non-essential vehicle traffic, or a road or highway closure by competent authority, applicable to the relevant route lawfully prevents removal; the obligation resumes promptly once such restriction is lifted.
For Yards located in states subject to winter weather (including but not limited to IL and KY), TruckTuck will clear snow and ice from main drive aisles only. Customer is solely responsible for shoveling, de-icing, and clearing snow or ice directly surrounding, underneath, and leading to its parked equipment. TruckTuck shall not be liable for any delays, slips, falls, injuries, or equipment damage caused by natural accumulations of snow, ice, or sleet, except to the extent caused by TruckTuck's gross negligence or willful misconduct.
Any unauthorized equipment that remains in a Yard more than forty-eight (48) hours after the end of the reservation, without communication from Customer and without payment of accruing charges, is deemed "Abandoned" for purposes of this Agreement. Upon such deeming, and to the maximum extent permitted by applicable law, Customer irrevocably authorizes TruckTuck to relocate the equipment within or adjacent to the Yard, immobilize it, and/or commence towing, removal, and storage or lien proceedings under the applicable state statute. Subject to applicable law, Customer waives only any additional contractual pre-removal notice and does not waive, and TruckTuck does not seek to eliminate, any notice required by statute. Abandonment and storage fees in Exhibit A accrue from the deeming date. This contractual deeming does not shorten or override any mandatory statutory notice, waiting, or sale procedure; where applicable state law requires a longer process or specific notice, that law controls and the actual towing, sale, or disposal will follow it.
If an Abandoned vehicle is leaking fluids, emitting hazardous odors, or contains undeclared HazMat, standard towing protocols shall not apply. TruckTuck is irrevocably authorized to immediately dispatch specialized environmental cleanup crews and HazMat-qualified towing services without prior notice. Customer and the Motor Carrier are jointly and severally liable for all remediation costs, EPA and state fines, and specialized transport fees, subject to an immediate contractual lien on the equipment to the extent permitted by applicable law, the administrative surcharge in Section 6.2, and the indemnity in Section 6.3.
CONSPICUOUS ACKNOWLEDGMENT OF MATERIAL WAIVERS. CUSTOMER EXPRESSLY ACKNOWLEDGES THAT SECTIONS 8.2 (LIMITATION OF LIABILITY), 8.3 (GROSS NEGLIGENCE CARVE-OUT), 8.7 (EXCLUSION OF CONSEQUENTIAL DAMAGES), 8.10 (EXPRESS RELEASE OF ORDINARY NEGLIGENCE), 8.11 (INDEPENDENT CONTRACTOR DISCLAIMER), 8.12 (NON-DELEGABLE DUTY), 4.8 (ILLUSION OF SECURITY), 7.4 (ABANDONMENT), AND ARTICLE 9 (ARBITRATION AND CLASS WAIVER) CONTAIN MATERIAL LIMITATIONS OF LEGAL RIGHTS, PRESENTED IN BOLD AND/OR CAPITALIZED FORMAT. CUSTOMER'S CLICKWRAP ACCEPTANCE CONSTITUTES A KNOWING, VOLUNTARY, AND INFORMED WAIVER UNDER THE EXPRESS NEGLIGENCE DOCTRINE AND THE UCC § 1-201(b)(10) CONSPICUOUSNESS STANDARD.
Customer shall maintain, at its own expense, at least the following insurance coverages while using any Yard: (a) Auto Liability — USD $1,000,000 combined single limit; (b) Motor Truck Cargo — USD $100,000 (or higher as appropriate to cargo value); (c) Commercial General Liability — USD $1,000,000 per occurrence; and (d) Pollution Liability — USD $1,000,000 (if HazMat or reefer operations are involved). TruckTuck and the applicable Property Owner shall be named as additional insureds, and Customer's insurance shall be primary and non-contributory with respect to TruckTuck and the Property Owners; Customer waives, and shall cause its insurers to waive, all rights of subrogation against TruckTuck and the Property Owners. Customer shall furnish certificates of insurance on request, and failure to maintain the required coverage is a material breach. Customer is solely responsible for insuring its own cargo and equipment; TruckTuck has no obligation to procure, maintain, or make a claim under any cargo insurance, and the absence of Customer insurance creates no obligation or liability for TruckTuck.
To the fullest extent permitted by law, TruckTuck's aggregate liability arising from or relating to this Agreement, any Yard, or any incident thereon is capped at the lesser of (i) the total parking fees actually paid by Customer to TruckTuck during the thirty (30) days immediately preceding the event giving rise to the claim, or (ii) USD $5,000 per event. TruckTuck shall have no liability for theft, loss, or damage to any vehicle, trailer, or cargo, except to the extent caused by TruckTuck's gross negligence or willful misconduct. Nothing in this Agreement limits or excludes liability for death or bodily injury caused by TruckTuck's negligence, for fraud, or for any other liability that cannot be limited or excluded under applicable law. For the avoidance of doubt, this cap applies cumulatively to all claims arising from a single event regardless of legal theory. Where applicable state law does not prohibit limitation of liability for Gross Negligence claims, a separate cap of USD $50,000 per event applies to such claims in lieu of the general cap. Where applicable state law prohibits such limitation, only the prohibition applies and all other provisions of this Section remain in effect.
Notwithstanding anything to the contrary, Customer's obligation to indemnify and hold TruckTuck harmless shall not apply to losses directly caused by TruckTuck's gross negligence or willful misconduct.
Customer expressly acknowledges that (a) Customer and its drivers maintain exclusive physical control over the parking, maneuvering, securing, locking, and positioning of equipment and cargo; (b) Customer has the opportunity to purchase first-party insurance for its own benefit; and (c) in light of the foregoing, the limitation of TruckTuck's liability and the broader allocation of risk in this Agreement are reasonable and bargained-for.
Consistent with the definitions of Gross Negligence and Willful Misconduct in Section 1.3, the parties agree and acknowledge that TruckTuck provides unattended self-service parking infrastructure and not guard, escort, or custodial services, and that equipment malfunction, intermittent or temporary outage of cameras, gates, ALPR, lighting, power, or connectivity, and the criminal, tortious, or unauthorized acts of third parties do not, standing alone, constitute Gross Negligence or Willful Misconduct. This Section reflects the parties' agreed allocation of risk and applies to the fullest extent enforceable under applicable law; it does not purport to waive any liability that cannot lawfully be limited or excluded, including the matters preserved in Section 8.2.
Customer's maintenance of the insurance required under Section 8.1 is a strict, continuing condition precedent — not a covenant — to any right of access to any Yard. If such insurance lapses, is cancelled, suspended, materially reduced, or becomes non-compliant, the access license granted under Section 1.2 terminates automatically and prospectively as of the precise moment of lapse, without notice, and Customer's continued presence at the Yard thereafter constitutes trespass. Such prospective termination does not entitle Customer to any refund of fees already accrued, all of which remain fully earned by TruckTuck as consideration for actual occupancy through the moment of lapse. Notwithstanding such prospective termination, all liability waivers, releases, indemnity obligations, limitations of liability, arbitration provisions, class-action waivers, and evidentiary stipulations in this Agreement apply retroactively and prospectively to the entire period of Customer's physical presence or equipment occupancy at the Yard — whether before, at, or after the moment of lapse — as independent contractual obligations that do not depend on the continued validity of the access license. TruckTuck may verify coverage at any time, including via FMCSA, SAFER, or third-party APIs, and may deny, suspend, or revoke gate access upon any failed or inconclusive verification. Acceptance of equipment into the Yard by gate personnel or automated systems does not constitute a waiver of this condition precedent. TruckTuck's election to verify or not to verify creates no duty to Customer or any third party and no warranty as to coverage. TruckTuck may also deny access to any Motor Carrier with an active FMCSA Out-of-Service order, an "Unsatisfactory" safety rating, or revoked operating authority, without refund and without liability.
To the fullest extent permitted by law, neither TruckTuck nor any Property Owner shall be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or for lost profits, lost revenue, loss of business or business interruption, loss of goodwill or reputation, detention or demurrage, loss of cargo value beyond direct physical loss, or third-party fines or penalties, arising out of or relating to this Agreement or any Yard, even if advised of the possibility of such damages and regardless of the theory of liability. The limitations in this Article apply except as preserved in Section 8.2 (death, bodily injury, fraud, and other non-waivable liabilities).
Each Yard is provided on an "AS IS, WHERE IS" basis. TruckTuck and the Property Owners make no representation or warranty, express or implied, regarding the condition, suitability, drainage, surface, or fitness of any Yard for any particular equipment or cargo, and disclaim all implied warranties to the fullest extent permitted by law. TruckTuck shall have no liability for damage to equipment or cargo caused by surface conditions, potholes, standing water or flooding, natural accumulations, falling limbs or debris, or other premises conditions, except to the extent such damage is directly caused by a concealed, dangerous defect of which TruckTuck had actual knowledge and which it failed to remedy or warn of, and in all events subject to the limitations in this Article 8.
Collisions, contact, theft, or other incidents between or among Customers, drivers, or third parties within a Yard are the sole responsibility of the persons and entities involved. TruckTuck has no duty to monitor, supervise, patrol, intervene in, or mediate such incidents and assumes no liability for them. Consistent with Article 4, TruckTuck may, but is not obligated to, provide available Surveillance Materials upon lawful request.
8.10 EXPRESS RELEASE OF ORDINARY NEGLIGENCE (CONSPICUOUS NOTICE). TO THE FULLEST EXTENT PERMITTED BY LAW, CUSTOMER EXPRESSLY RELEASES AND WAIVES, AND AGREES THAT TRUCKTUCK AND THE PROPERTY OWNERS SHALL NOT BE LIABLE FOR, ANY LOSS, DAMAGE, OR INJURY ARISING FROM OR CAUSED BY THE ORDINARY NEGLIGENCE OF TRUCKTUCK, THE PROPERTY OWNERS, OR THEIR EMPLOYEES OR AGENTS — INCLUDING TRUCKTUCK'S OWN NEGLIGENCE. THIS RELEASE IS INTENDED TO SATISFY THE EXPRESS NEGLIGENCE DOCTRINE AND THE FAIR-NOTICE AND CONSPICUOUSNESS REQUIREMENTS UNDER TEXAS LAW AND ANALOGOUS LAW IN THE OTHER STATES WHERE THE YARDS ARE LOCATED. THIS RELEASE DOES NOT APPLY TO TRUCKTUCK'S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT, OR TO ANY LIABILITY THAT CANNOT LAWFULLY BE RELEASED (INCLUDING DEATH OR BODILY INJURY WHERE NON-WAIVABLE), AS PRESERVED IN SECTION 8.2. THIS RELEASE OPERATES IN TANDEM WITH, AND NOT IN DEROGATION OF, THE LIABILITY CAP IN SECTION 8.2. TO THE EXTENT ANY RELEASE UNDER THIS SECTION IS HELD UNENFORCEABLE, THE CAP IN SECTION 8.2 APPLIES AS A FALLBACK LIMITATION.
Customer acknowledges that certain Yard services (including without limitation security, gate operation, surveillance monitoring, snow removal, landscaping, and maintenance) may be provided by independent contractors retained by TruckTuck. Such contractors are not employees, agents, or apparent agents of TruckTuck for any purpose, including premises liability, negligent hiring, or vicarious liability. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, Customer waives any claim against TruckTuck or any Property Owner based on the acts or omissions of such independent contractors, except for damages directly caused by TruckTuck's own Gross Negligence in the selection of such contractors, and any surviving claim is subject to the cap in Section 8.2.
To the maximum extent permitted by applicable state law, no non-delegable duty of security, custody, protection, or supervision arises by implication under this Agreement. Where state law imposes any non-delegable duty notwithstanding this provision, TruckTuck's and each Property Owner's liability is capped under Section 8.2 and excludes all damages listed in Section 8.7.
TruckTuck and each Property Owner are not motor carriers, freight brokers, freight forwarders, warehousemen, or interstate transportation intermediaries under 49 U.S.C. §§ 13102, 14706, or 14916. No party shall assert Carmack Amendment, broker liability, or interstate carrier liability against TruckTuck or any Property Owner. Cargo claims must be pursued solely against the Motor Carrier and its cargo insurer.
Any dispute, claim, or controversy between Customer and TruckTuck with an amount in controversy under USD $75,000, arising out of or relating to this Agreement, any Yard, or any parking transaction, shall be resolved by binding individual arbitration administered by the American Arbitration Association (AAA) or JAMS under their commercial rules. The seat of arbitration shall be Jacksonville, Florida, unless otherwise required by law.
Any dispute with an amount in controversy of USD $75,000 or more, and any matter within the carve-outs in Section 9.4, shall be brought exclusively in the state or federal courts located in the state where the relevant Yard is located (and, for Florida Yards, in Duval County, Florida). The parties consent to personal jurisdiction and venue in those courts and, to the fullest extent permitted by law, WAIVE ANY RIGHT TO A TRIAL BY JURY in any such proceeding, except where applicable state law (such as Georgia) prohibits a pre-litigation jury waiver, in which case the dispute proceeds without a jury only to the maximum extent that law permits and the remainder of this Section remains in effect.
Regardless of forum — whether arbitration, court, or small-claims court — Customer agrees that all claims will be brought in an individual capacity only, and not as a plaintiff or class member in any purported class, collective, or representative proceeding. No arbitrator or court may consolidate more than one person's claims or otherwise preside over any form of class or representative proceeding. This waiver applies independently of the agreement to arbitrate in Section 9.1 and survives any determination that the arbitration agreement is unenforceable. If this class action waiver is held unenforceable as to a particular claim or remedy, that specific claim shall proceed in court on an individual basis under Section 9.2, while all other claims remain in individual arbitration under Section 9.1. The class waiver and the arbitration agreement are severable; invalidity of one does not invalidate the other.
This Article does not preclude either party from seeking (a) emergency or injunctive relief in a court of competent jurisdiction; or (b) relief in small-claims court where allowed. Substantive rights under non-waivable state consumer-protection laws (including, as applicable, FL FDUTPA, IL ICFA, TX DTPA, OK CPA, AL DTPA, KY KCPA, GA FBPA) are preserved.
This Agreement is governed by the laws of the state in which the relevant Yard is located, without giving effect to conflict-of-law principles, except that the U.S. Federal Arbitration Act governs the enforceability of Article 9.
The parties intend that each provision of this Agreement be given the maximum effect permitted by law. If any provision (or any portion, amount, duration, or scope thereof — including any liability cap, waiver, release, liquidated-damages amount, restriction, or the anti-circumvention period) is held invalid, overbroad, or unenforceable in any jurisdiction, a court or arbitrator shall reform and enforce that provision to the greatest extent permitted by law rather than sever it — for example, by reducing an amount, shortening a duration, or narrowing a scope to the maximum enforceable level — so as to give effect to the parties' intent. Only if a provision cannot be so reformed shall it be severed, and in that event the remainder of this Agreement continues in full force and effect, and each waiver, release, and limitation applies to the fullest extent still permitted. A determination of unenforceability in one jurisdiction does not affect enforceability elsewhere.
Neither party shall be liable for any failure or delay in performance caused by events beyond its reasonable control, including acts of God, severe weather, fire, flood, epidemic or pandemic, labor disputes, utility, telecommunications, or ALPR/gate-system outages, governmental action, municipal zoning injunctions, local code-enforcement actions, sudden road closures by local authorities, or temporary or permanent Yard closures mandated by municipal orders. This Section does not excuse Customer's obligation to pay for services rendered or to remove equipment upon an evacuation order under Section 7.2.
Notices to Customer may be given electronically by email, in-app message, or SMS to the contact information on file and are deemed received when sent. Notices to TruckTuck must be in writing and sent to 90 Fort Wade Road, Suite 100 #10167, Ponte Vedra, FL 32081 or info@trucktuck.com.
Customer may not assign or transfer this Agreement, in whole or in part, without TruckTuck's prior written consent. TruckTuck may assign this Agreement freely, including to an affiliate or in connection with a merger, reorganization, or sale of all or substantially all of its assets.
TruckTuck may modify this Agreement prospectively by posting an updated version and requiring re-acceptance (clickwrap), or by providing notice under Section 10.4. Continued creation of bookings or use of a Yard after the stated effective date constitutes acceptance of non-material updates. Any material change to Article 8 (limitation of liability and risk allocation), Article 9 (arbitration and class-action waiver), or the punitive or Liquidated-Damages provisions of this Agreement is effective against Customer only upon Customer's express re-acceptance through a new clickwrap process; continued use alone does not constitute acceptance of such material changes. Changes to the Fee Schedule are governed by Section 2.3. No other amendment is effective unless made in accordance with this Section.
In addition to the environmental indemnity in Section 6.3, Customer shall indemnify, defend (with counsel reasonably acceptable to TruckTuck), and hold harmless TruckTuck, the Property Owners, and their affiliates, officers, employees, and agents from and against any and all claims, damages, liabilities, fines, and costs (including reasonable attorneys' fees and defense costs) arising out of or relating to Customer's use of any Yard, Customer's breach of this Agreement, or the acts or omissions of Customer, its Authorized Drivers, or the Motor Carrier — including claims brought by Customer's own Authorized Drivers, employees, insurers, or the Motor Carrier. This indemnity is primary to, and not contributory with, any insurance maintained by TruckTuck, and applies except to the extent the claim is caused by TruckTuck's gross negligence or willful misconduct. TruckTuck shall have the right (but not the obligation) to assume sole control of the defense of any claim subject to this indemnity, with counsel of its choosing, and Customer shall cooperate fully. Customer shall not settle any claim affecting TruckTuck's interests without TruckTuck's prior written consent.
The provisions concerning the personal guarantee (Section 1.5), fees and lien rights (Article 2), the tax provisions in Sections 2.8 through 2.14 (including Customer's indemnification, gross-up, set-off, and audit-cooperation obligations), surveillance, data, and the apparent-agency waiver (Article 4, including Section 4.15), Failed-Move and environmental liability (Articles 5 and 6), insurance and limitation of liability (Article 8), dispute resolution including the arbitration agreement and the class, collective, and representative action waiver (Article 9), and indemnification, governing law, anti-circumvention, and this Article 10 survive any termination or expiration of this Agreement.
No failure or delay by either party in exercising any right under this Agreement operates as a waiver of that right, and no single or partial exercise precludes any further exercise. No waiver is effective unless in writing and signed (or electronically accepted) by the waiving party.
The parties are independent contracting parties. Nothing in this Agreement creates a partnership, joint venture, agency, employment, or landlord-tenant relationship between them.
Each Property Owner identified in Exhibit F, together with TruckTuck's affiliates, officers, employees, and agents, is an intended third-party beneficiary of this Agreement and may directly enforce the provisions that operate in TruckTuck's favor, including the limitation of liability (Section 8.2), the indemnities (Sections 6.3 and 10.7), the security and "illusion of security" disclaimers (Sections 4.8 and 4.9), and the dispute-resolution and waiver provisions (Article 9). As used in those provisions, references to "TruckTuck" include each applicable Property Owner. No other person has any third-party-beneficiary rights under this Agreement.
This Agreement, together with its Exhibits, any state-specific overlays, and the TruckTuck Platform End User License Agreement (EULA) (which is explicitly incorporated herein by reference), constitutes the entire agreement between TruckTuck and Customer regarding Yard use and supersedes all prior or contemporaneous understandings. The TruckTuck Privacy Policy is provided for informational and regulatory notice purposes, describes TruckTuck's data practices, and is not incorporated by reference into this Agreement. In the event of a direct conflict between the EULA and this Agreement regarding physical Yard operations, this Agreement shall control.
For twelve (12) months following the last reservation or interaction through the Platform, the Motor Carrier and its affiliates shall not knowingly bypass the Platform to enter into a direct parking, storage, or yard-use arrangement with a Property Owner first introduced to the Motor Carrier through the Platform and identified in Exhibit F, where the purpose is to avoid TruckTuck's fees. This restriction is limited to what is reasonably necessary to protect TruckTuck's legitimate business interest and is not intended as a general restraint of trade. In the event of a breach, the Motor Carrier shall pay TruckTuck's demonstrable damages, which the parties agree may be reasonably estimated as TruckTuck's documented customer-acquisition and platform costs attributable to that Property Owner relationship, not as a punitive penalty. If a court or arbitrator finds the period or amount overbroad, it shall be reformed to the maximum enforceable level under Section 10.2 rather than struck.
All temporal deadlines in this Agreement (including the fifteen (15)-minute pre-existing-damage reporting window in Section 3.4) are governed by TruckTuck's server logs, not the Customer's device time. Customer is solely responsible for maintaining the cellular connectivity needed to submit reports, and claims of poor reception, app latency, or battery failure do not toll or extend any reporting window. Consistent with Section 4.12, TruckTuck's digital event logs constitute prima facie evidence of reporting times, check-ins, and departures, and control absent specific, contemporaneous technical evidence to the contrary.
Customer has not relied on, and this Agreement supersedes, any advertisement, marketing material, signage, listing, website copy, sales statement, or other description outside this Agreement. Any reference to security, monitoring, cameras, fencing, lighting, or a "secure" or "monitored" facility is deterrent and informational only; it is not a representation, warranty, or guarantee, does not create a bailment, custodial duty, or duty to guard or protect (consistent with Sections 1.2, 4.8, and 4.9), and does not modify the allocation of risk in this Agreement. Access to and availability of any Yard are not guaranteed and remain subject to TruckTuck's discretion and the conditions of this Agreement, including the condition precedent in Section 8.6 and TruckTuck's right to deny, suspend, or revoke access. In the event of any conflict between such external descriptions and this Agreement, this Agreement controls.
This Agreement may be entered into electronically. Customer's checking of the designated "I Agree" boxes, followed by clicking "Submit," "Register," or "Book Now" during the registration or booking process, constitutes Customer's electronic signature and express assent to be bound by all terms herein, pursuant to the Electronic Signatures in Global and National Commerce Act (E-SIGN, 15 U.S.C. § 7001 et seq.) and the Uniform Electronic Transactions Act (UETA) as adopted in the applicable state. TruckTuck may record the version ID, timestamp, IP address, device identifier, and account ID at the moment of each acceptance as prima facie evidence of consent and to defend against payment disputes and chargebacks.
Independently of, and in addition to, Section 11.1, Customer accepts and agrees to be bound by this Agreement by any of the following acts, whichever occurs first: (a) completing a booking for any Yard through the TruckTuck platform or any Third-Party Marketplace; (b) accepting or using any gate access credential, code, or instruction for any Yard; or (c) entering any Yard, or parking, dropping, or detaching any equipment at any Yard. Conspicuous signage is posted at the entrance of each Yard stating that entry, parking, or detaching equipment constitutes acceptance of the TruckTuck Yard Rules and this License Agreement and identifying where the full terms are available (trucktuck.com/yard-terms). Each act described in this Section constitutes a separate and independent manifestation of assent, and formation under this Section does not depend on completion of the electronic process in Section 11.1.
TruckTuck may, in its discretion, condition gate access on prior completion of the electronic assent process in Section 11.1, and may deny entry to any person who has not completed it. TruckTuck's election to admit any person or equipment without completion of that process is not a waiver of this Agreement, which binds such person under Section 11.2 upon entry or use. Unauthorized entry without assent under Section 11.1 or 11.2 constitutes trespass.
Customer's assent under this Article extends to this Agreement, its Exhibits, any state-specific overlays, and the TruckTuck Platform End User License Agreement (EULA) as described in Section 10.12, and includes acknowledgment of the TruckTuck Privacy Policy.
All amounts in USD. Subject to adjustment under Section 2.3. Amounts marked "Liquidated Damages" are governed by Section 2.5; amounts marked "Administrative Fee," "Pass-Through," or "Surcharge" reflect actual or reasonably estimated costs.
| Event / Item | Charge |
|---|---|
| Tailgating / gate-crashing / piggy-backing | $250 per occurrence + credential suspension (Liquidated Damages) |
| Illegible / obscured plate requiring manual override | $25 per occurrence (Administrative Fee) |
| Parking outside marked lines / blocking drive aisle | $75 per occurrence (Liquidated Damages) |
| Footprint overage (equipment not fitting designated space) | $50 per day + any re-spotting or towing costs |
| No-show on confirmed reservation | 100% of nightly rate (Liquidated Damages) |
| Overstay | $25 base + $15 per hour, up to at least one additional daily rate (Administrative Fee) |
| Failure to deploy Support Pads as required | $250 per landing-gear foot (Liquidated Damages) |
| Failed-Move recovery (landing gear collapse, etc.) | Actual third-party cost + 15% surcharge (Pass-Through + Administrative Fee) |
| Environmental response / spill cleanup | Actual third-party cost + 15% surcharge |
| Direct property damage (fence, gate, cameras, pavement) | Actual repair cost + 15% surcharge |
| Unauthorized HazMat | $2,500 per occurrence + all environmental and regulatory costs |
| Applicable Taxes (Sales/Use, Parking Excise, local parking tax, surtaxes) | Calculated at checkout based on Yard location and applicable law; added as a separate line item |
| Debris / cleaning fee (debris left in space) | Actual cost, minimum USD $150.00 per occurrence (Administrative Fee), charged against the Operational Security Hold (Section 2.7) |
| Prohibited maintenance / hot work / fluid change | $1,000 per occurrence (Liquidated Damages) + remediation costs + 15% surcharge + immediate removal |
| Asphalt puncture / landing-gear damage (no/failed Support Pads) | Actual repair cost, minimum USD $2,500.00 per occurrence (Liquidated Damages) |
| Undisclosed Target Commodity drop | $2,500 per occurrence (Liquidated Damages) + forfeiture of related cargo claim |
| Target Commodity premium security fee (when approved) | USD $35.00 per day (Administrative Fee) |
| Abandonment storage | $75 per day + towing + lien-enforcement costs |
| Lost / duplicate physical credential (if applicable) | $25 |
| Customer non-incident recording request | $50 admin + actual production cost |
Footprint: ≥ 18″ × 18″
Thickness: ≥ 1.5″ engineered composite/UHMW or ≥ 0.5″ steel
Load rating: ≥ 50,000 lb per pad
Condition: non-cracked, non-delaminated, manufactured for landing-gear use
Prohibited materials: wood, bricks, blocks, tires, cargo dunnage, or any improvised device
Speed and Traffic. Yard speed limit is 5 mph. Obey posted traffic signs. Never block fire lanes or emergency access routes.
Drop and Coupling Protocol. Follow all posted drop procedures. Pre-inspect landing gear, deploy Support Pads per Exhibit B, and use wheel chocks where posted.
Reefers and APUs. Refrigerated trailers and Auxiliary Power Units must be maintained in proper working order to prevent excessive noise, smoke, or vibration. Mobile fueling ("wet hosing") inside the Yard is strictly prohibited without prior written TruckTuck approval and proof of vendor insurance.
No Repairs / No Fluid Changes. No major repairs, engine overhauls, oil changes, or fluid draining are allowed in the Yard. Minor roadside-type repairs may be allowed only where expressly posted. No third-party vendor or mobile mechanic may perform work in the Yard without TruckTuck's prior written approval and proof of insurance.
Anti-Camping / Habitability. The Yard is a commercial parking facility, not a campground. While drivers may sleep in sleeper cabs in compliance with HOS regulations, exterior living is prohibited: no grills, open flames, tents, lawn chairs, or disposal of human waste/grey water. Violations are grounds for immediate removal without refund.
Trash and Waste. Dispose of trash only in designated containers. No littering or dumping of any kind, including without limitation trash, tires, batteries, fluids, fuel, or oil. Dumping any substance on the ground is strictly prohibited.
Tailgating & Access. No tailgating, piggy-backing, or following another vehicle through a gate cycle. Each vehicle must obtain its own authentication.
Snow and Ice (Cold-Weather Yards). TruckTuck clears main aisles only. Customer is responsible for clearing around its own equipment (see Section 7.3).
You Are on Camera. You are recorded at all times. Recordings may be retained for up to five (5) years and shared with third parties as described in Article 4.
24/7 Contact. Central line: (904) 552-2100. For your Yard's local 24/7 contact number, see Exhibit F.
All dropped/uncoupled trailers MUST use approved load-distributing Support Pads (jack pads) under the landing gear. Failure to use pads resulting in asphalt puncture or depression triggers automatic liquidated damages for infrastructure repair (min. $2,500).
No HazMat without prior written approval.
License plates must be clean and visible at all times.
No tailgating. Each truck must scan or enter its own credential.
Speed limit: 5 mph.
No major repairs, no fluid changes, no fueling inside the Yard.
Pre-existing damage: report within 15 min of check-in (photos in app). New damage or spills during your stay: report within 4 hours.
Overstay = automatic charge to card on file.
Never block fire lanes or emergency access.
Severe weather / hurricane evacuation: remove your equipment within the posted notice window.
You are on camera 24/7. Recordings are kept up to 5 years and may be shared with third parties (police, insurers, courts, cargo owners).
Emergency: (904) 552-2100 — 24/7.
Note: This card is an operational summary for your convenience. The English-language License Agreement legally governs the entire relationship.
Soportes (pads) obligatorios en cada desacople del semirremolque.
No se permite HazMat sin aprobación previa por escrito.
Las placas deben estar siempre limpias y visibles.
Prohibido el "tailgating" o entrar pegado a otro camión. Cada camión debe usar su propia credencial.
Límite de velocidad: 5 mph.
Prohibidas reparaciones mayores, cambios de aceite o combustibles dentro del patio.
Daño pre-existente: repórtelo dentro de 15 min del check-in (fotos en la app). Daño o derrame nuevo durante su estadía: repórtelo dentro de 4 horas.
Permanecer después de la hora de salida genera cargos automáticos.
Nunca bloquee vías de bomberos ni accesos de emergencia.
En caso de huracán u otro clima severo, retire su equipo dentro del plazo de aviso.
Está siendo grabado 24/7. Las grabaciones se guardan hasta 5 años y pueden compartirse con terceros (policía, aseguradoras, tribunales).
Emergencia: (904) 552-2100 — 24/7.
Nota: Este documento es un resumen operativo para su conveniencia. El contrato de licencia en inglés (License Agreement) rige legalmente toda la relación.
Florida (FL): Governing law: Florida. Tow: Fla. Stat. § 715.07. Privacy: FDBR. Weather: mandatory evacuation for Category 2+ hurricanes.
Texas (TX): Governing law: Texas. Tow: Tex. Occ. Code Ch. 2308. Privacy: TDPSA. Weather: Gulf hurricane Cat 2+.
Illinois (IL): Governing law: Illinois. Tow: 625 ILCS 5/18a. Privacy: BIPA (no biometrics). Weather: tornado / ice events (24h evacuation if required).
Georgia (GA): Governing law: Georgia. Tow: O.C.G.A. § 44-1-13. Weather: hurricane Cat 2+ where applicable.
Alabama (AL): Governing law: Alabama. Tow: Ala. Code § 32-13. Weather: hurricane Cat 2+ (coastal) / tornado (inland).
Kentucky (KY): Governing law: Kentucky. Tow: KRS 376.275. Weather: tornado / ice 24h.
Oklahoma (OK): Governing law: Oklahoma. Tow: 47 O.S. § 954A. Weather: tornado / ice 24h.
Each Yard is owned by the entity identified below and operated by RoadSide Retreat LLC d/b/a TruckTuck under the arrangements described in Section 1.4. "Property Owner" in this Agreement refers to the applicable entity in this Exhibit for the relevant Yard.
| Yard Address | State | Property Owner Entity | Local Contact |
|---|---|---|---|
| 445 Diaz Street, Prichard, AL 36610 | AL | Roadside Retreat MBK LLC | (251) 319-3400 |
| 1100 S Council Rd, Oklahoma City, OK 73179 | OK | Roadside Retreat OKC LLC | (405) 293-1400 |
| 7700 Turkey Hollow Rd, Milan, IL 61264 | IL | Roadside Retreat MLI2 LLC | (563) 205-6100 |
| 4729 Fuqua St, Houston, TX 77048 | TX | Roadside Retreat JPV LLC | (832) 430-2600 |
| 5575 Pickettville Rd, Jacksonville, FL 32254 | FL | River City Truck Parking LLC | (904) 552-2100 |
| 3700 Springrove Rd, Jacksonville, FL 32209 | FL | Roadside Retreat JAX2 LLC | (904) 552-2100 |
| 3700 Cedardale Rd, Dallas, TX 75241 | TX | Roadside Retreat DFZ LLC | (972) 210-0340 |
| 3933 Cleveland Rd, Dallas, TX 75241 | TX | Roadside Retreat DFZ LLC | (972) 210-0340 |
| 2463 W 30th St, Jacksonville, FL 32209 | FL | Roadside Retreat LLC | (904) 552-2100 |
Additional Yards may be added by notice with a corresponding update to this Exhibit. Each Property Owner relationship is governed by a separate lease, license, or management agreement between TruckTuck and the applicable Property Owner.