Work in company in the Hold Harmless (Indemnity) Agreement

Aug 6th, 2022
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How to work in company in the Hold Harmless (Indemnity) 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 o

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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.
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.
Under a typical indemnification provision, the employer agrees to indemnify the executive against lawsuits, claims, or demands against the employee resulting from the employees good faith performance of his or her duties and obligations.
The hold harmless gives the indemnitee a legal right to collect from the indemnitor (to the extent included in the contract and allowed by law) for the damages paid to the third party. The purpose of contractual liability insurance is to pay, on behalf of the indemnitor, the damages to the third party.
A hold harmless agreement differs in that it shifts liability. While a waiver of subrogation is protection from liability, it doesnt shift the liability as a hold harmless agreement does.
A hold harmless agreement protects business owners from being sued when someone suffers damage, bodily injury, or financial loss on business property or while a service is being provided.
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.
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.

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