GENERAL RELEASE AND HOLD HARMLESS AGREEMENT I ... 2025

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Generally, hold harmless agreements are enforceable in California if they are specific. Hold harmless provisions are strictly construed against the party they protect.
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.
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 hold harmless agreement does not always protect against a lawsuit or liability. The effectiveness depends on the specific language and the nature of the agreement. For example, hold harmless agreements that are nebulous in language or overly broad in scope might be disregarded.
Hold harmless is defined as a promise in a contract , by one party not to hold the other party responsible if the other party carries out the contract in a way that causes damage to the first party.
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Any written or verbal agreement between two or more parties can be legally enforced in court. However, absent a legally binding document, accurately determining an oral agreements terms could be challenging, especially if the parties recollections or interpretations diverge significantly over time.
Indemnify, defend and hold harmless are three distinct concepts. Indemnity is an obligation to indemnify, defend is a duty to defend and hold harmless is an obligation to hold the other party harmless.

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