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Where indemnity is an offensive right to seek indemnification, hold harmless is a defensive right not to be bothered by the other party seeking indemnification. This difference is best illustrated in Queen Villas Homeowners Assn v.
A release is a discharge of obligations. An indemnity is an undertaking or a legally binding promise whereby one party agrees to accept the risk of loss or damage the other party may incur as a result of a transaction or event occurring. Indemnity is a type of security for financial loss or damage.
An indemnity agreement means that the party signing the release agrees to indemnify the party being released protecting them against and/or reimbursing them for future damages or liabilities incurred by the released party associated with any threatened or actual civil or criminal proceedings.
Indemnity can be claimed for actions of a third party, whereas damages can only be claimed for actions of the parties to the contract. Indemnity covers loses even if the contract is not breached, whereas damages can only be claimed for loss arising out of breach of contract.
The release and indemnity clause typically absolves one party from liability and requires the other party to compensate for any losses, damages, or claims arising from the agreement.
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A waiver or release of liability is a contract releasing a party from liability for injuries resulting from their ordinary negligence. An indemnification agreement is a contract agreeing to reimburse the party for any monetary loss incurred as a result of a participants engagement in an activity.

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