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A Hold Harmless Agreement is a legal contract that states that one or both signers will not hold the other party responsible for injuries or damage. A Hold Harmless clause can be one-way... Read more

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Sample Hold Harmless Agreement

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HOLD HARMLESS AGREEMENT


This HOLD HARMLESS AGREEMENT (this "Agreement") is made effective on ,by and between (hereinafter, ""), of ,, and (hereinafter, " "), of , , . and are sometimes individually referred to as "Party" and collectively referred to as the "Parties."'


WHEREAS, desires to hold harmless from any claims and/or litigation arising out of 's actions in connection with .


NOW THEREFORE, in consideration of the mutual covenants and conditions contained herein,

and hereby agree as follows:


TERMS


  1. Hold Harmless. shall fully defend, indemnify, and hold harmless

    from any and all claims, lawsuits, demands, causes of action, liability, loss, damage and

    /or injury, of any kind whatsoever ( including without limitation all claims for monetary loss, property damage, equitable relief, personal injury and/or wrongful death), whether brought by an individual or other entity, or imposed by a court of law or by administrative action of any federal, state, or local governmental body or agency, arising out of, in any way whatsoever, any acts, omissions, negligence, or willful misconduct on the part of , its officers, owners, personnel, employees, agents, contractors, invitees, or volunteers . This indemnification applies to and includes, without limitation, the payment of all penalties, fines, judgments, awards, decrees, attorneys' fees, and related costs or expenses, and any reimbursements to for all legal fees, expenses, and costs incurred by it.


  2. Authority to Enter Agreement. Each Party warrants that the individuals who have signed this Agreement have the actual legal power, right, and authority to make this Agreement and bind each respective Party.


  3. Amendment; Modification. No supplement, modification, or amendment of this Agreement shall be binding unless executed in writing and signed by both Parties.


  4. Waiver. No waiver of any default shall constitute a waiver of any other default or breach, whether of the same or other covenant or condition. No waiver, benefit, privilege, or service voluntarily given or performed by a Party shall give the other Party any contractual right by custom, estoppel, or otherwise.


  5. Attorneys' Fees and Costs. If any legal action or other proceeding is brought in connection with this Agreement, the successful or prevailing Party, if any, shall be entitled to recover reasonable attorneys' fees and other related costs, in addition to any other relief to which that Party is entitled. In the event that it is the subject of dispute, the court or trier of fact who presides over such legal action or proceeding is empowered to determine which Party, if any, is the prevailing party in accordance with this provision.


  6. Entire Agreement. This Agreement contains the entire agreement between the Parties related to the matters specified herein, and supersedes any prior oral or written statements or agreements between the Parties related to such matters.


  7. Enforceability, Severability, and Reformation. If any provision of this Agreement shall be held to be invalid or unenforceable for any reason, the remaining provisions shall continue to be valid and enforceable. If a court finds that any provision of this Agreement is invalid or unenforceable, but that by limiting such

    provision it would become valid and enforceable, then such provision shall be deemed to be written, construed, and enforced as so limited. The intent of the Parties is to provide as broad an indemnification as possible under law. In the event that any aspect of this Agreement is deemed unenforceable, the court is empowered to modify this Agreement to give the broadest possible interpretation permitted under law.


  8. Applicable Law. This Agreement shall be governed exclusively by the laws of , without regard to conflict of law provisions.


  9. Exclusive Venue and Jurisdiction. Any lawsuit or legal proceeding arising out of or relating to this Agreement in any way whatsoever shall be exclusively brought and litigated in the federal and state courts of

    . Each Party expressly consents and submits to this exclusive jurisdiction and exclusive venue. Each Party expressly waives the right to challenge this jurisdiction and/or venue as improper or inconvenient. Each Party consents to the dismissal of any lawsuit that they bring in any other jurisdiction or venue.


  10. Signatures. This Agreement shall be signed on behalf of by , and on behalf of by , and effective as of the date first written above.






By:Date:







By:Date:



Making a Hold Harmless Agreement

  • What is a Hold Harmless Agreement?

    A Hold Harmless Agreement is a legal contract that states that one or both signers will not hold the other party responsible for injuries or damage. A Hold Harmless clause can be one-way ("unilateral") or two-way ("reciprocal").

    Whether signed before or after an activity takes place, this document can lower the risk of future disagreements. Unlike the other websites you might come across, there is a lot more to Rocket Lawyer than just Hold Harmless Agreement templates. In the event of a dispute, your Premium membership provides optional access to Document Defense® support from an On Call attorney.

  • How do I get a Hold Harmless Agreement online?

    If you need to be released from liability, making a free Hold Harmless Agreement template from Rocket Lawyer is easy to do. Just follow these steps:

    1. Make the document - Answer a few questions and we will do the rest
    2. Send and share it - Look over the document with the other party or seek legal help
    3. Sign it and make it legal - Sign the agreement online with RocketSign® electronic signatures

    This solution is, in many cases, notably more affordable than finding and hiring a traditional attorney.

  • When should I use a Hold Harmless Agreement?

    • Someone will be renting our using your property and you want to protect yourself from liability should an incident occur.
    • You are hiring a service and want to protect yourself should an injury occur while the services are being performed.
    • Participants or customers will be engaging in a physical activity that you are providing that involves risk, such as sports, and you want to protect your business or sports agency.
    • You are hosting an event and want to be protected should a participant become injured.
    • An incident has occurred on your property or during an event you sponsored, and the injured party is agreeing not to hold you or your business liable.
    • You are embarking on a dangerous activity and agree not to hold anyone liable for your actions.

    A Hold Harmless Clause, sometimes called a Release of Liability or Indemnity Agreement, is a smart way to protect you from liability issues should an incident occur on your property or during an event you are sponsoring. This agreement is simple to make using Rocket Lawyer's document builder.

  • What are other names for a Hold Harmless Agreement?

    Hold Harmless, Hold Harmless Letter, Hold Harmless Release, Waiver of Liability, Release of Liability, Hold Harmless Clause

  • What does a Hold Harmless Agreement do?

    A Hold Harmless agreement is used to protect from liability. This type of release agreement can be made to protect one side of the agreement or both sides (mutual Hold Harmless). An example would be you hire someone to do some remodeling work on your house and you do not want to be held liable if they hurt themselves while on your property. You can ask them to sign a Hold Harmless Agreement to protect you should an incident occur. They may, in turn, ask for protection as well, such as protection from injury should your child wander into the construction area and become injured.

  • What information do I need to make a Hold Harmless Agreement?

    You'll need to have some information ready to make your Hold Harmless Agreement. Using our document builder all you'll have to do is answer a few simple questions. Here are some of the key provisions in a Hold Harmless Agreement:

    • Who will be held harmless. You'll need to fill in name and contact information as well as the name of the person signing.
    • Who will be providing protection. You need to submit name and contact information as well as the name of the person will be signing.
    • Category of subject. You need to select services, use of property or general. If your activity isn't a service or use of property arrangement, you will likely select general.
    • Description of transaction. This is the reason the first party will hold the second party harmless. For example, a person falls during an event but medically has been found healthy and they choose to hold the event owner harmless.
    • Dates. The date the agreement will be signed.
  • What kinds of protection does a Hold Harmless Agreeement generally cover?

    • General: This is to hold the protected party harmless for specific occurrence described in the agreement. Describe the occurrence that is being protected. For example, University Students will hold the University harmless for any liability arising out of the student's use of the trampoline during the spring festival.
    • Services: Protection from instances that could occur while a service is being provided. Describe the services in the agreement. For example, a subcontractor who was hired for a job by a general contractor may agree to hold harmless the contractor who hired them.
    • Use of Property: Often a venue owner will ask those renting their space to sign a hold harmless or some type of release of liability agreement. This relieves them of libel if someone is hurt on their property. They may also require the renter to acquire event insurance as well.
  • What are other scenarios where I can use a Hold Harmless Agreement?

    A Hold Harmless Agreement, or similar agreements, are used in many instances. Basically, it is used to protect one or both parties in a wide range of situations. Common situations include:

    • Real estate: Often part of a lease or rental agreement includes a section about holding harmless the property owner from libel.
    • Construction: Both parties usually want protection during a construction project.
    • Sports: Often participants in a sports team or physical event such as a marathon are asked to sign some sort of release.
    • Amusement: Companies that provide amusement such as air balloon rides, horse rides or skydiving require that participant to sign a release and acknowledge the danger involved in the activity.
    • Venue rentals: If you rent venue space for events such as weddings or family celebration you should include a release with your agreements.
    • Contract or service providers: Often the hiring party will ask those working on contract or providing services to sign a release.
  • Will a Hold Harmless Agreement stand up in court?

    The validity of Hold Harmless Agreements varies. Some states will not uphold agreements that are overly broad in the language used to protect from liability. Also, some states have anti-indemnity laws that prohibit Hold Harmless Agreements in some construction scenarios. You may want to consult an attorney to advise you to help determine the enforceability of your Hold Harmless Agreement. Additionally, some agreements may not stand up if an injury occurs due to negligence such as subpar equipment.

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