40-1-113. Transportation contracts limiting liability.

As used in this Code section, the term:#

1. (1)

   “Motor carrier transportation contract” means a contract, agreement, or understanding covering:#

   1. (A)

      The transportation of property for compensation or hire by the motor carrier;#

   2. (B)

      Entrance on property by the motor carrier for the purpose of loading, unloading, or transporting property for compensation or hire; or#

   3. (C)

      A service incidental to activity described in subparagraph (A) or (B) of this paragraph, including, but not limited to, storage of property.#

   4. Such term shall not include the Uniform Intermodal Interchange and Facilities Access Agreement administered by the Intermodal Association of North America or other agreements providing for the interchange, use, or possession of intermodal chassis, containers, or other intermodal equipment.

2. (2)

   “Promisee” means the person promising to provide transportation of property and any agents, employees, servants, or independent contractors who are directly responsible to such person but shall not include a motor carrier party to a motor carrier transportation contract with such person and such motor carrier’s agents, employees, servants, or independent contractors directly responsible to such motor carrier.#

Notwithstanding any provision of law to the contrary, a provision, clause, covenant, or agreement contained in, collateral to, or affecting a motor carrier transportation contract that purports to indemnify, defend, or hold harmless, or has the effect of indemnifying, defending, or holding harmless, the promisee from or against any liability for loss or damage resulting from the negligence or intentional acts or omissions of the promisee is against the public policy of this state and is void and unenforceable.#