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Types of Hold Harmless Agreements There are three levels of hold harmless agreements, each of which waives a different level of liability. In order from most to least protective, the three types of indemnity agreements are broad form, intermediate form, and limited form.
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.
Generally, hold harmless agreements are enforceable in California if they are specific. Hold harmless provisions are strictly construed against the party they protect.
A hold harmless agreement is defined as a contractual arrangement, usually in a settlement release where one party assumes the liability inherent in a situation, which relieves the other party of any responsibility. So hold harmless or save harmless means to fully compensate the indemnitee for all loss and expense.
These hold harmless agreements are contracts, enforceable as any other contract would be, and courts can and do enforce them.
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Hold harmless agreements are not just for high-risk activities like skydiving. They are also found in more common, everyday situations. For example, an apartment lease may include a hold harmless clause stating that the landlord is not responsible for any damage caused by the tenant.
There are 3 levels of indemnification: broad form, intermediate form, and limited form. This requires the indemnitor to pay not only for its liabilities but also for the indemnitees liability whether the indemnitee is solely (i.e. 100%) at fault or partially at fault.