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This form of a Release Agreement, Indemnity Agreement and Hold Harmless Agreement releases a party from certain specified liabilities. Releases are used to transfer risk from one party to another and protect against the released party or reimburse the released party for damage, injury, or loss.
Indemnifications, or hold harmless provisions, shift risks or potential costs from one party to another. One party to the contract promises to defend and pay costs and expenses of the other if specific circumstances arise (often a claim or dispute with a third party to the contract).
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.
An indemnification provision provides for a contractual remedy that parties to an agreement may include to redress a partys pecuniary loss suffered as a result of a bdocHub or other event.
In most contracts, an indemnification clause serves to compensate a party for harm or loss arising in connection with the other partys actions or failure to act. The intent is to shift liability away from one party, and on to the indemnifying party.
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The prevailing interpretation is that hold harmless and indemnify are synonymous. However, under the minority view, hold harmless requires payment of both actual losses and potential liabilities, while indemnify protects against incurred losses only.
Texas Insurance Code 151.102 and Indemnity in Texas Indemnity clauses are contractual provisions that commit one party to compensate the other for losses arising out of a commercial contract.
As used herein, INDEMNIFY means to agree to assume the Released Parties liability in a situation, thereby relieving them of responsibility, and/or reimbursing the Released Party for Claims asserted against them.

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