Fix issue in the Hold Harmless (Indemnity) Agreement

Aug 6th, 2022
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Hold Harmless Agreement: An agreement whereby the first party (the indemnitor) agrees to hold a second party (the indemnitee) harmless from tort liability arising out of the indemnitors negligent act or omission.
Generally, hold harmless agreements are enforceable in California if they are specific. They protect one party to an agreement from the other partys demands for compensation. In California, they must include specific and explicit language regarding which risks are covered.
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.
Experts often argue that the hold harmless clause protects businesses against losses and liabilities while indemnity clause protects businesses against just losses. All thats to say, they are quite similar overall.
A hold harmless agreement, or HHA, is an agreement used to help prevent you or your organization from being held responsible for certain types of bodily injury or property damage. This type of agreement might also be referred to as a liability waiver, disclaimer, hold harmless letter, or release of liability.
A release and a hold harmless agreement are usually considered the same thing, as is a waiver of liability. All three have similar language and the same intent of protecting you from liability to another party. Some contracts also contain hold harmless clauses, written to protect one or both parties.
RESOLVED, that the Corporation indemnify and hold harmless INDIVIDUAL/BUSINESS and its successors and assigns from any and all liability arising from CAUSE OF LIABILITY. Said indemnification being upon such terms as are contained in an indemnification agreement annexed hereto.
How Binding Is a Hold Harmless Agreement? If the state where it is to be used recognizes these types of clauses and accepts their use in that particular context, then they should be binding. Thats not a guarantee, however.

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