The hold harmless agreement template is a legal document used for a declaration that one party will not hold the other party liable for any risk, physical risk, or damage.
However, the clauses in the hold harmless agreement template can be unilateral or reciprocal. It can also be sealed before or after the commencement of an activity.
This agreement is signed usually when there is a probability of unavoidable risks in the realization of activity. It states the clauses of not to be sued for whatever problem may arise during the application of the activity.
What is a hold harmless agreement?
Hold harmless agreement is a clause that is generally used by building contractors to release one party from the outcomes or liabilities due to the act of the other. Subcontractors generally give hold harmless agreement to the contractors, builders, and other related professionals to ensure that all the work is executed by the contractors. It contains certain language to protect the contractor or the intended parties. The agreement should have provisions to neglect the claims, damages, losses, and expenses.
What is the main purpose of a hold harmless agreement?
The main purpose of a hold harmless clause is to prevent a party in a contract from liability for damages and losses. After signing such a clause, the other party takes responsibility for particular risks includes in contracting for the service. Furthermore, in some states, using the hold harmless clause is banned in some construction jobs.
How many types of hold harmless agreements?
There are usually three types of hold harmless agreements that are mentioned below;
- Broad form
- Intermediate form
- Limited form
The general types of indemnity clauses:
Let us discuss below the three general types of indemnity clauses;
Broad Indemnification
As its name implies, this type of indemnity clause is the broadest form of indemnification. Against the negligence of all parties, the Promisor promises to indemnify the Promisee. In construction contracts, the broad form indemnity provisions are invalid. It also includes the third parties
Intermediate Indemnification
It is an intermediate form of indemnification. Moreover, against the negligence of the Promisee and the Promisor, the Promisor promises to indemnify the Promisee but it does not extend to the actions of third parties.
Limited Indemnification
It is the most limited form of indemnification. Against the negligence of the Promisor, the Promisor promises to indemnify the Promisee only and it does not extend to the actions of the Promisee or third parties.
Applications of Hold Harmless Agreement Template
The hold harmless agreement template is used in multiple industries like sports, contractors, and construction. It also sometimes refers to a release of liability and indemnity agreement.
It’s the smartest approach to protect an organization from indulging in liability issues. It is helpful while renting the property to avoid the owner from the legal consequences of any incident that happens in his place.
It protects the sports company offered activities that involve the physical risks for participants or keep the event host away from mishap legal aspects. In shorts, It makes the company able to embark on any potential activity and agree not to hold anyone liable for the damages.
Essential Elements of Hold Harmless Agreement Template
There is a number of elements present on a hold harmless agreement template. It is necessary to understand all the terms before creating or signing any such agreement. Few of the potential elements are;
- In hold harmless agreement a person is held not liable for any damage whose name, contact information, and name of the person signing the agreement.
- The protector is someone who is providing protection for holding someone not harmless.
- The contact information and name of the person signing the agreement are also present.
- The category of the subject of an agreement defines the application of a hold harmless agreement.
- If not any property or services use, the general category will be selected.
- The complete description of not holding any party liable will be given with evidence or unavoidable risks will be defined clearly.
- The date of the agreement will be considered from the signing date of the agreement.
How to use Hold Harmless Agreement Template?
Our hold harmless agreement template is created using the MS word tool. It is easy to manipulate the template according to the end-user. Comprehensive guidelines of using the hold harmless agreement template are;
- At the top, the date and name of the parties will be written between which the agreement is establishing.
- After that the details of services are involved will be written in the “Where As” section.
- Name of the parties involved in the hold harmless agreement will be written as per their position in the holder harmless section of the agreement.
- The reference to the state laws is given in the section of enforceability and applicable law sections.
- Also, the reference to the legal advisor is made in the exclusive venue and jurisdiction section.
- In the end; the signature, names, and contact information of both parties are covered along with the title and date of signing an agreement.
How to write a hold harmless agreement template?
A hold harmless agreement needs specific language which is best created by a lawyer or an online service provider. Let us discuss step-by-step how to write a hold agreement template;
- At first, write down the introduction. In the introduction, you have to mention both parties including their legal names, street addresses, and date of execution. All this information will become the headline of the contract.
- Next, write consideration. The purpose of consideration is to make the contract legally binding. You have to write the definition of certain activities in it. The definitions that should be included in the consideration are expenses, indemnity, notices, claims, and potentially third parties.
- Then, state the indemnification. In this section, for the number of liabilities promisor commits to hold full charge and control. It is important for the promisor to know that the promise can be holding out to the civil realm.
- After that, write exceptions. Likewise, criminal acts, hateful intentions, and gross negligence are eliminated from the hold harmless agreement template, in the same way; both parties can also agree to eliminate the particular damages and losses such as legal obligations and previous debt.
- Next, write the notice of claim. Notice of claim has to include the information such as the address, time period to deliver the notice, and the information needed for the reason of creating the notice suitable.
- At the end, when you have all done with the above steps, both parties have to sign a hold harmless agreement to ensure that they have read and agreed to the mentioned terms and conditions in the contract.
What basics should you cover in a hold harmless agreement?
Here are the important basics that you must cover in a hold-harmless agreement;
Determine the indemnitor and the indemnitee
First, you have to determine the indemnitor and then the indemnitee. The Indemnitor is the party that provides protection for the other party in the agreement and the indemnitee is the party who is receiving the protection in the agreement.
State the activities mentioned in the agreement
State the activities under which the indemnitee will be held harmless. You should clearly state what these activities are.
Describe possible termination and severability
You also have to describe when the contract will be terminated and specific situations where the contract will be severed early.
Apart from the above introductory provisions, there are some other additional terms that you can include in the agreement;
The Indemnity
- Limitations (determine any limitations on the indemnity)
- Notice of claim (the Promisee has to inform the Promisor regarding any claims within a specific amount of days)
- Duty to Defend (the Promisee can pursue a defense of the claim security and seek reimbursement if the Promisor can’t take control of it)
The Agreement
- Amendments (written amendments must be signed by both parties)
- Assignment (if the other party agrees in writing then the parties can assign the contract)
- Notices (where to send the notices about the agreement)
- Governing law (specify the state law which governs the agreement)
- Disputes (indicate the ways in which the disputes regarding the agreement will be handled)
Legal Speak
- No wavier
- Severability
- Counterparts
- Entire agreement
What are the benefits of using a hold harmless agreement?
If you have a hold harmless agreement in place, you will enjoy the following significant benefits;
The risk of a lawsuit decreases
You can reduce your risk of facing a lawsuit with this type of agreement in place. Since a person signing the agreement has already agreed to hold you harmless so they will know that they will not be able to file a lawsuit against you.
Possible legal expenses reduce
You can reduce potential legal expenses if you can reduce your chances of facing a lawsuit. This is because you may not have to hire an attorney to represent and offend you as you can avoid having a lawsuit filed against you.
Negative public exposure reduces
When someone filed a lawsuit against you, it can harm your brand reputation as it is generally public. You can protect your brand identity if you protect yourself against a lawsuit.
Is there any difference between a hold harmless agreement and a waiver?
A hold harmless agreement and a waiver can be used interchangeably. A waiver can be used for things that you know could be dangerous. While the hold harmless agreement is more detailed in a broad sense. It might not have the overarching hold-harmless language.
Without having to name every single possible accident or negative outcome, waivers release all indemnity for the long term and for particular circumstances. Both a hold harmless agreement and a waiver eliminate the responsibility or blame for someone’s harm or property damage. But, they have a little bit different terms relevant to the extent of the release in question.
Additionally, if there is a waiver in place for an activity or even then you should ask about a hold harmless agreement. In case, the waiver is not specific to the activity that is taking place, you may have both documents in place.
Conclusion
In conclusion, hold harmless agreement template is helpful in multiple situations for keeping any company away from liabilities of unavoidable risks. It explains the terms involve in the agreement along with guidelines helpful to use the template.
Faqs (Frequently Asked Questions)
A hold harmless agreement is a contract that conveys all property liability from the vendor to the purchaser. This clause can be work out between two parties and might even include a closing agent who is looking to save himself/herself from future liability. However, all the parties should know why the clause is there.
If the hold harmless agreement is documented correctly and signed by both parties then it is considered to be legal. Due to errors in the drafting of the agreement, your hold harmless agreement might not hold up in court. Therefore, you should draft your agreement correctly. Never sign a document that isn’t made carefully for a variety of reasons. It is critical that your agreement might not hold up in court. But, incorrectly written legal documents in some cases have the opposite effect of what was needed.
