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Aug 6th, 2022
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How to Edit Hold Harmless Agreement

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[Music] hey everybody im rob freeman and welcome back to ensuring the built environment this week were answering the question what is a hold harmless and why is it important in the world of insurance well a hold harmless is a common legal clause that youll find in contractual agreements that are between multiple parties so you may have an example would be like a lease between a landlord and a tenant or another example would be in a construction agreement between say an owner and a general contractor or subcontractor or all three and what a hold harmless does is it essentially shifts responsibility away from one party onto another party and its a very common thing to find in a lease for instance in if you have a lease in an office building you may find theres a clause in there which says something to be effective the tenant agrees to indemnify defend and hold the landlord harmless in the event of any claims of bodily injury and property damage that might arise out of the tenants

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The best way to protect yourself from such lawsuits is to create a hold harmless agreement (HHA), also called a liability waiver or release.
A hold harmless agreement, sometimes called an indemnification agreement or indemnity clause, is a contractual statement in which one or both parties agree not to hold the other party responsible for damages that occur while doing business.
The obligation to hold harmless A hold harmless is an agreement by a party to assume responsibility for, and to not hold the other party liable for, damages resulting from the occurrence of certain acts, circumstances or events.
An apartment lease may have a hold harmless clause stating that the landlord is not responsible for any damage caused by the tenant. A homeowner hiring a roofer might request a hold harmless agreement to protect against a lawsuit if the roofer falls off the roof.
The prevailing interpretation is that hold harmless and indemnify are synonymous. However, under the minority view, hold harmless requires payment of both actual losses and potential liabilities, while indemnify protects against incurred losses only.
Three basic types of Hold Harmless Agreements are used: limited, intermediate, and broad. These forms are often seen in contracts in the construction industry.
In most cases, a hold harmless agreement is binding and legally enforceable. Business owners should include specific language in their contract, stipulating a release of liability from lawsuits that occur as a result of negligence.
A sports club may include a hold harmless agreement in its contract to prevent its members from suing if they are injured in the course of participating in tennis matches. In this example, there might be a clause requiring the participant to accept all risks associated with the activity, including the risk of death.

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