The terms every carrier accepts when they claim a load on Loadgency.
Broker is a licensed property broker that arranges, but does not perform, transportation. Carrier is a for-hire motor carrier. The parties are independent contractors — no partnership, agency, joint venture, or employment is created.
On each load it claims, Carrier warrants that it: holds active, in-good-standing FMCSA authority (MC/DOT); maintains cargo and auto-liability insurance meeting legal and Broker minimums; will transport each shipment on its own authority and equipment and will never re-broker, subcontract, double-broker, or reassign a load to any other carrier without Broker's prior written consent; and complies with all applicable laws and regulations.
Carrier and its drivers consent to identity verification, which may include a government-ID and CDL check and a facial match, handled under Loadgency's Biometric Data Consent & Retention Policy. At pickup, the assigned driver checks in (location, CDL, face, and truck) and must match the carrier account that claimed the load. If they don't match, the load is frozen and the vehicle must not be released.
Carrier accepts a load by claiming it, forming a binding commitment to perform. The shipper pays Carrier the full posted price directly on delivery (COD), or via protected online payment released to Carrier on delivery confirmation. Broker does not collect, hold, or disburse Carrier's line-haul pay, and Broker's fee is never deducted from Carrier's pay.
Carrier is liable for loss of or damage to freight in its custody under the Carmack Amendment (49 U.S.C. § 14706); Carrier's cargo insurance is the primary coverage. Carrier captures the digital BOL and timestamped inspection photos at pickup and delivery, and cooperates promptly and in good faith with the claims process.
Carrier maintains, at its own expense, auto liability of at least $1,000,000 per occurrence and cargo coverage of at least $100,000 (or higher where the commodity requires), and names Broker as certificate holder on request. Lapsed coverage suspends Carrier's ability to claim loads.
Misrepresenting identity, authority, or insurance; double-brokering; or attempting to defraud a shipper or Broker is grounds for immediate removal and may be reported to the FMCSA and law enforcement. Broker will never ask Carrier to pay to "release" or "unlock" a load — any such request is fraudulent.
Loadgency's model expressly permits shippers and carriers to build ongoing relationships. There is no non-circumvention penalty for a shipper and carrier continuing to work together. Each party still protects the other's non-public business information.
Each party keeps the other's non-public business information confidential and uses it only to perform under this Agreement.
Effective on acceptance and continuing until terminated by either party on written notice. Obligations tied to loads in progress, cargo liability, and indemnity survive termination.
Each party indemnifies the other for its own negligence, breach, or violation of law. Carrier specifically indemnifies Broker against claims arising from Carrier's transportation, cargo loss or damage, its employees or drivers, or any unauthorized re-brokering.
The parties will first attempt to resolve disputes informally. Unresolved disputes are settled by binding arbitration in Florida, and the parties waive jury trial and class actions except where prohibited by law. This Agreement is governed by the law of the State of Florida.
Accepted electronically by Carrier upon claiming any load on the Loadgency platform. Acceptance is recorded with the version, date, and IP address and constitutes Carrier's binding signature under the E-SIGN Act.
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