Quick Answer

A placement agreement is the contract that puts your ATM inside someone else’s business. If you run a route you will actually sign three different agreements: one with the location owner, one with the cash loader who stocks the machine, and sometimes one with a broker who found you the site. They are different documents with different terms. Below is what belongs in each, the clauses I do not sign without, how the negotiation really goes, and the three templates you can download.

Most articles about placement agreements hand you a generic two-party contract and stop there. That is not how it works once you have machines in the field.

I have signed these from every angle: putting my own machines in, negotiating with store owners who wanted a bigger cut, hiring loaders to fill machines I could not get to, and paying brokers to bring me sites. What follows is what actually goes in these documents, why each clause exists, and what happens when it is missing.

5 yr
The term I sign. Locations almost always ask for three.
7–15
Days from signature to a working machine on the floor.
180
Days’ notice the location must give before the term ends.
30
Days I get to cure any breach they claim, in writing.

The three agreements you will actually sign

Before you look at a single clause, know which document you are writing. Each one covers a different relationship and protects against a different problem, and confusing them is how operators end up with contracts that do not cover what actually goes wrong.

1. Operator and Location owner
The placement agreement itself

You supply the machine, the cash, and the service. They supply the floor space, the power, and the customers. This is the main contract and most of this guide is about it.

Must contain
  • Term and termination rights for both sides, and they should not be identical
  • Compensation, the exact rate per transaction and when it gets paid
  • Exclusivity, no second machine on the premises
  • Who does what, service, cash, utilities, access
  • Proof they can legally be there for the length of your term
  • What happens if the business moves, sells, or changes its name
  • Signatures with title, so you know the person signing can bind the business
2. Operator and Cash loader
Whoever physically fills the machine

When you cannot get to a machine yourself, you hire someone to load it. This is a completely different document, because now a third party is handling your cash and holding keys to your vault.

Must contain
  • Cash accountability, exact amounts in, counts recorded at every fill, and who eats a shortage
  • Fill schedule and response time, how fast they get there when the machine reports low cash
  • How they are paid, a share of the surcharge or a fixed fee per fill
  • Keys and access, what they hold, and that everything comes back when the arrangement ends
  • Reporting, what they send you after every single fill
3. Operator and Broker
Whoever finds you the location

Some people are good at getting doors open but do not want to run machines. You pay them for the introduction that turns into a signed, installed site.

Must contain
  • What triggers payment, a signed agreement, or a machine actually installed and processing
  • Per-transaction cut or a flat finder’s fee, decided up front, not later
  • How long the tail runs, for the life of the placement, or a fixed number of years
  • What happens if the location closes early or never produces volume
◆ Operator’s Note

How I set the loader’s pay: if a site is doing a solid 200 to 400 transactions a month, I will give the loader about a third of the surcharge. At that volume it is worth their trip and the machine still earns. On a slower site I do not do a percentage at all, I pay a fixed amount per fill, otherwise I am handing away a share of a machine that barely covers itself. And when I have the cash and the time, I load it myself and keep the whole thing.

Brokers I will pay either 5 to 7 cents per transaction for as long as the machine runs, or a one-time flat fee. Which one depends on the site and whether I want to share the tail income or just settle it once and be done.

The clauses that matter

These are the terms I insist on. Each one exists because something specific goes wrong without it.

1  Five-year term

My agreements run five years from the install date. I am supplying the machine, the cash, the installation and the ongoing service. That takes time to earn back. Locations almost always ask for three.

Without it: a three-year term on a machine you paid for, funded, and serviced can end just as the site matures, and you either renegotiate from a weak position or pull a machine that finally started performing.

2  Termination, deliberately not symmetrical

The operator can end the agreement without cause, because a site can go bad and I should not be trapped in a location that stopped working. The location gives 180 days’ notice before the term ends, or exits only for a material breach they have told me about in writing, by certified mail, with 30 days for me to fix it. If they break the deal early, they are liable for the revenue I lose.

Without it: a location decides in month eight that they would rather have a competitor’s machine, and you have no recourse and a machine to relocate at your own cost.

3  Compensation, defined precisely

State the exact rate per qualifying transaction, when it is paid, and how. I pay the commission after the 25th of each month for the previous month’s surcharge revenue, less the operating fees on my side. Define a qualifying transaction as a surcharged cash withdrawal, so nobody later claims a rebate on balance inquiries or declined transactions.

Without it: you spend every month arguing about what counts and when it is due.

4  Right to adjust, at the operator’s discretion

I keep the right to change the surcharge amount, the denomination the machine dispenses, and the machine model itself, at my sole discretion. Processing costs move. Cash costs move. Fuel to go service the thing moves.

Without it: you are locked into numbers you set years ago while your costs climb, and eventually the only rational move is to pull the machine, which helps nobody, least of all the location.

5  Exclusivity

The location cannot remove my ATM or allow any other ATM or cash-dispensing device on the premises, inside or outside, without my written approval.

Without it: a second machine appears across the room in month six and your volume is cut in half overnight. This is the single most common way operators lose money on a site they did everything else right on.

6  What the operator provides, listed out

Spell it all out so there is never an argument about whose job something is: the equipment, the cash, programming, installation, processing, receipt paper, regular maintenance, technical service, customer service for the people using the machine, a monthly activity report, and the monthly commission payment.

Listing it also works in your favour. A location owner reading that list understands what they are getting for their share, which makes the rate conversation easier.

7  Liability, in both directions

I am the liable party for harm to the ATM or theft of the machine or the cash inside it. But I am explicitly not responsible for the location’s lost profits, or any incidental, consequential or indirect damages. The location is not liable for the machine either, unless the damage or unauthorised removal happened through their negligence or with their involvement.

Without it: a store owner whose machine was down for three days tries to bill you for lost sales.

8  Access and availability

I get full access to the machine during business hours whenever I need it, for service and cash. They keep it available to their customers during their normal hours. They provide the electrical outlet; I bring my own wireless connection so the machine is not hostage to their internet going down.

9  They must have the right to be there

The location represents that they own the premises, hold a valid lease, have an exercisable option to renew, or otherwise have lawful rights to operate there for at least as long as my term. And if a lien, bankruptcy or foreclosure is coming, they must tell me at the first opportunity, by phone, email and certified mail.

Without it: you find out your machine is inside a foreclosed building at the same time everyone else does, and now your ATM is tangled up in someone else’s bankruptcy.

10  The agreement follows the business

If they change their name or restructure the entity, the agreement applies to the new entity with equal and full force. If they move the business, they notify me, I relocate the machine, and the agreement is automatically deemed amended to cover the new premises for the remaining term.

Without it: a location closes and reopens next month under a new LLC two doors down, and claims your contract died with the old entity.

11  Governing law and who pays the lawyers

Name the state whose law controls and the county where any dispute gets heard, normally where the operator has its principal place of business. Add that the prevailing party recovers its costs and reasonable attorney’s fees from the other side.

That last line does more work than any other sentence in the document. It ends most disputes before anyone files anything.

12  Signatures that actually bind

Full legal entity names for both parties, the signer’s printed name, their title, and the date.

Without it: you are holding a contract signed by a shift manager who had no authority to sign anything, and the owner knows it.

How the agreement actually gets placed

A good document is half of it. Here is how one goes from a conversation to a machine on the floor.

1
Email it, sign it digitally

I email the agreement and we get it signed digitally. It is faster than driving out with paper, and everything is timestamped. Some clients need slightly different handling, but this is the default.

2
They push back, and it is almost always the rate

Out of everything in the document, the negotiation is nearly always about the split. Occasionally the term. Almost never anything else.

3
They ask for three years, I hold at five

Locations regularly try to shorten the term. I push for five and usually get it, because I am the one funding the machine, the cash, and the service for the whole period.

4
If they want to think about it, let them

I give them the time. Pressuring someone into signing gets you a resentful host who quietly works against the machine. The ones who come back have actually decided.

5
Installed within 7 to 15 days

Once it is signed, the machine is in and processing inside a week to two weeks.

◆ Operator’s Note

On the rate, here is the honest answer I give location owners. The split has to come out of the transactions. If your site is busy, I can pay you well, because there is revenue to share. If it is quiet, I cannot, because I am still buying the machine, funding the cash inside it, and paying to maintain and service it whether it does 50 transactions a month or 500.

The number is not me squeezing you, it is arithmetic based on what your location actually does. Owners who understand that negotiate sensibly. Owners who insist on a big rate at a dead site are usually telling you they will be difficult about everything else too.

What each side should get

The location’s cut depends on volume, because volume is where the money comes from. A busy site supports a real rate. A quiet one does not, and pretending otherwise just means the machine gets pulled in a year.

WhoWhat they getWhen
Location owner5¢ to $1 per transactionToward 5¢ on a quiet site, toward $1 on a busy one
Cash loader~33% of the surchargeOn a solid site doing 200–400 a month
Cash loaderFixed fee per fillOn slower sites, where a percentage is not worth it
Broker5¢ to 7¢ per transaction, or a flat feePer-transaction to share the tail, flat to settle once

That 5¢ to $1 range for the location is wide on purpose, because sites are wildly different. A laundromat doing 80 transactions a month and a nightclub doing 900 cannot be paid the same way, and any operator who offers both the same number is either overpaying at one or about to lose the other.

Download the three agreements

Free downloads

The three agreements I use in my ATM business

These are the same three documents I use professionally to run my route: one for the location, one for the cash loader, and one for the broker. Each is a Word file with a fill-in Deal Terms box and a revenue schedule. Replace the bracketed fields with your own numbers, and have an attorney in your state review it before anyone signs.

Not legal advice. These templates reflect how these deals are structured in the field. Rules on automatic renewal, exclusivity and termination vary by state. Have a licensed attorney in your state review the final version before anyone signs, especially for multi-location accounts.

Mistakes that cost real money

If you are the operator

  • Skipping exclusivity. The fastest way to watch a good site turn mediocre.
  • Giving up your right to adjust. Your costs rise, your surcharge cannot, and you are contractually stuck watching the margin disappear.
  • No relocation or name-change language. They move or rebrand and act like the contract went with the old sign.
  • Overpaying to win a location. A generous rate at a dead site is money you never get back, and you cannot quietly walk it back later.
  • Taking a signature from whoever is behind the counter. Get the owner, with their title on the document.

If you are the location owner

  • Signing a long term with no service commitment. Make response times part of the deal.
  • Chasing a percentage at a quiet site. A flat per-transaction rate is more predictable when traffic is low.
  • Not asking who the processor is. A legitimate operator answers immediately.
  • Ignoring the exclusivity clause. Understand exactly what you are agreeing not to do for the next five years.

Frequently Asked Questions

How long should an ATM placement agreement run?

OperatorFive years is what I sign, from the install date. The operator funds the machine, the cash, the installation and the service, and that needs time to pay back. Locations commonly ask for three. It is worth holding at five, and most agree once they understand what you are carrying.

Can I get out early if the location turns out to be dead?

OperatorIf the agreement is written properly, yes. Mine lets the operator terminate without cause, precisely because sites underperform and you should not be stuck for five years in a location that is not working.

What happens if the location breaks the agreement early?

OperatorIt depends on the situation, honestly. If the owner is genuinely in trouble or just wants out and there is no bad blood, I do not chase them. I pull the machine and move on, because there is nothing to gain from fighting someone who is already struggling. But if a location is deliberately working against the agreement, letting in another machine, refusing access, that is different, and the contract gives me the ability to pursue the lost revenue.

Do you charge the location an installation fee?

OperatorNot when it is my machine. Delivering, installing, programming and servicing the ATM is my obligation under the agreement, so there is nothing to bill the location for. It is different when the merchant owns the ATM and I am only providing processing and service, in that case installation and service are chargeable, because the machine is not mine.

Can I raise the surcharge later?

OperatorOnly if you kept the right to. A properly written agreement gives the operator discretion over the surcharge, the denomination, and the machine model. Over a five-year term your costs will change, and without that clause the site slowly stops making sense.

How much should I be paid for hosting an ATM?

Location ownerIt comes down to your transaction volume, because that is the only place the money comes from. A busy site supports a real per-transaction rate. A quiet one supports a small one. Be wary of any operator promising a big rate at a location with little traffic, they will either pull the machine or stop servicing it.

Who is liable if the ATM is robbed or damaged?

Location ownerThe operator is, for the machine and the cash inside it. You are not on the hook, unless the damage or removal happened because of your negligence or with your involvement. Check that your agreement says this plainly.

Who pays for the electricity and internet?

Location ownerYou provide the power outlet. A decent operator brings their own wireless connection rather than running the machine on your Wi-Fi, which is better for both of you, your internet going down should not take the ATM offline.

What happens if I sell or move my business?

Location ownerThis is the clause most people never read until it matters. A well-drafted agreement follows the business: if you change your name or restructure, it carries over; if you relocate, you notify the operator, the machine moves with you, and the agreement automatically applies to the new premises for the rest of the term. Know which of those applies before you sign.

Can I have a second ATM, or ask a different company for one?

Location ownerNot during the term. Standard agreements say you cannot remove the machine or allow another ATM or cash-dispensing device on the premises, inside or outside, without written approval. That is the exclusivity clause, and it is the one operators enforce hardest.

Do I need a lawyer to sign one?

Location ownerFor a single location with a straightforward operator, most people sign without one. If you are signing for multiple locations, or you are the operator drafting your own template, a few hundred dollars for a review is worth it. State rules on automatic renewal and exclusivity vary.

How long from signing to a working machine?

OperatorUsually 7 to 15 days.


Bottom line

The agreement is the deal. Get the term, the rate, exclusivity and your right to adjust in writing. Make sure it follows the business if they move or rename. Confirm the person signing can actually bind the company. And do not let a location talk you into a rate their traffic cannot support, because that is the deal you will regret in year two, not the one you lost by holding your number.

If you are the location owner on the other side of this, read the exclusivity and termination clauses twice, ask who the processor is, and understand that a fair rate is the one your volume can actually carry. When you are ready, the ATM surcharge fees guide will help you sanity-check any operator’s numbers.

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