Waiver of liability and hold harmless agreement 2025

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A hold harmless clause is used as a release of liability in a contract that protects one party from injury or property damage caused by another party. By signing the clause, the other party is agreeing not to hold business owners legally responsible for the risks involved in certain services.
A hold harmless agreement is also called a release of liability or a waiver of liability. It can be reciprocal or unilateral.
A hold harmless also needs to specifically waive liability for the negligence of the property ownerthat language needs to be specifically stated. A simple waiver of liability, that doesnt clarify that the waiver includes the negligence of the property owner, may not be enforceable.
Liability waivers are enforceable in California to the extent they immunize the defendant from ordinary negligence. Under California law, a liability waiver cannot excuse an injury caused by a defendants: gross negligence, recklessness, or.
These hold harmless agreements are contracts, enforceable as any other contract would be, and courts can and do enforce them.