Sample ATM Placement Agreement
This is a sample for reference only. Terms may vary by location. This page is not legal advice.
ATM PLACEMENT AGREEMENT
Date: ________________
This ATM Placement Agreement (the “Agreement”) is entered into as of (Date) ____________, by and between:
[BUSINESS NAME]____________________________________________, located at
[BUSINESS ADDRESS]______________________________________________________________ (the “Location Owner”),
and
Rocky Mountain ATM Services LLC, a Colorado limited liability company (the “Operator”).
1. Purpose
Operator agrees to install, operate, and maintain an automated teller machine (ATM) at the Location Owner’s premises for customer convenience.
2. Equipment and Cash Ownership
Initials: ______
All ATM equipment, cash, and related components remain the sole property of the Operator. No ownership interest is conveyed to the Location Owner. Location Owner shall have no access to or responsibility for ATM cash.
3. Placement Location and Utilities
The ATM shall be placed at a mutually agreed location within the premises. Location Owner shall provide reasonable access to electrical power and network connectivity.
3a. Installation Method and Property Modification
Initials: ______
Location Owner acknowledges and agrees that installation of the ATM may require drilling, bolting, anchoring, or other minor modifications to the floor or structure of the premises to secure the ATM in accordance with industry safety standards and payment network requirements.
Location Owner hereby authorizes Operator to perform such installation methods at the agreed-upon location. Operator agrees that any modifications shall be limited to what is reasonably necessary for secure installation.
Upon removal of the ATM, Operator shall, upon request, make commercially reasonable efforts to restore the affected area to substantially similar condition, ordinary wear and tear excepted.
4. Revenue Sharing
Initials:______
Location Owner shall receive compensation as follows:
[CHOOSE ONE]
☐ Flat monthly fee of $________
☐ Percentage of surcharge revenue: ________%
Payments shall be made monthly.
5. Operator Responsibilities
- Installation, maintenance, and repair of the ATM
- Cash loading, reconciliation, and settlement
- Compliance with applicable laws, payment network rules, and processor requirements
- Insurance coverage for ATM equipment and operations
6. Location Owner Responsibilities
- Provide safe and reasonable access to the ATM
- Prevent tampering, misuse, or unauthorized access
- Promptly notify Operator of outages, damage, or suspicious activity
7. Access Rights
Location Owner grants Operator reasonable access to the premises during normal business hours and after hours if necessary for installation, servicing, cash loading, repair, or removal.
8. Service Interruptions
Initials:______
Operator does not guarantee uninterrupted ATM operation and shall not be liable for downtime caused by power failures, network outages, vandalism, theft, acts of God, or other events beyond Operator’s reasonable control.
9. Liability and Indemnification
Each party shall be responsible for its own acts and omissions. Operator shall indemnify Location Owner against claims arising from ATM operation, except to the extent caused by Location Owner’s negligence, misconduct, or unauthorized actions.
10. Independent Contractor
Nothing in this Agreement creates a partnership, joint venture, or agency relationship.
11. Term and Termination
Initials:______
This Agreement shall commence on the Effective Date and continue month-to-month. Either party may terminate with thirty (30) days written notice.
12. Removal of Equipment
Initials:______
Upon termination, Operator shall have the right to remove the ATM and related equipment within a reasonable time, and Location Owner shall cooperate in providing access.
13. Governing Law
This Agreement shall be governed by the laws of the State of Colorado.
IN WITNESS WHEREOF, the parties have executed this Agreement as of the date first written above.
Location Owner:
______________________________
Name: ________________________
Title: ________________________
Date: ________________________
Operator:
Rocky Mountain ATM Services LLC
By: ___________________________
Name: _________________________
Title: Authorized Representative
Date: _________________________