Erase Hold-Harmless (Indemnity) Agreement

Aug 6th, 2022
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How to Erase Hold-Harmless (Indemnity) Agreement

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In this video, Rob Freeman discusses the concept of "hold harmless" clauses in contractual agreements. A hold harmless clause is a legal provision that shifts liability from one party to another, commonly found in leases between landlords and tenants or in construction contracts among owners, general contractors, and subcontractors. For instance, in a lease agreement, a tenant may agree to indemnify, defend, and hold the landlord harmless against any claims for bodily injury or property damage resulting from the tenant's actions. Understanding hold harmless clauses is crucial in the realm of insurance and contract law.

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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.
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.
What is an Indemnification And Hold Harmless Agreement? An indemnification and hold harmless agreement is an agreement that limits the liability of one or more parties to a contract. This agreement is used to establish protection from liabilities, losses, claims, or damages for one or both of the parties.
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.
Example 1: A service provider asking their customer to indemnify them to protect against misuse of their work product. Example 2: A rental car company, as the rightful owner of the car, having their customer indemnify them from any damage caused by the customer during the course of the retnal.
An Indemnity Agreement (also known as a Hold-Harmless Agreement) protects someone from liabilities, losses, claims, or damages when conducting a service, transaction, or activity with another party. In simple terms, indemnity refers to one party compensating another for their losses.
I also agree to indemnify and hold The University harmless from any and all claims, actions, suits, procedures, costs, expenses, damages and liabilities, including attorneys fees, arising out of my involvement in The Activity, and to reimburse it for any such expenses incurred.
A hold harmless agreement, also known as an indemnity agreement, protects your business against lawsuits by requiring the parties with whom you are doing business to refrain from suing you under certain circumstances.

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