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A hold harmless agreement (HHA) is a contract that prevents one party from being liable to the other if there are injuries or damages. Contracts are either unilateral, meaning the contract protects only one party, or reciprocal, where both parties waive liability against each other.
The hold harmless clause may be unilateral or reciprocal. With a unilateral clause, one party to the contract agrees not to hold the other party liable for injuries or damages incurred. With a reciprocal clause, both parties to the contract agree to hold the other harmless.
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.
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.
Indemnification, according to the court, is an offensive righta swordallowing the indemnitee to seek indemnification. On the other hand, hold harmless is a defensive measure providing [t]he right not be bothered by the other party itself seeking indemnification. Under this view, hold harmless shields one party
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Overview of Hold Harmless Agreements A hold harmless agreement (HHA) is a contract that prevents one party from being liable to the other if there are injuries or damages. Contracts are either unilateral, meaning the contract protects only one party, or reciprocal, where both parties waive liability against each other.
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.
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.
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.
A hold harmless agreement, sometimes called an indemnification agreement or indemnity clause, is a contractual statement in which one or both parties agree not to hold the other party responsible for damages that occur while doing business.

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