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If someone is performing services for you or using your property, a Hold Harmless Agreement allows one or both parties to limit their legal liability. Create a Hold Harmless Agreement to get these terms in writing and protect yourself from unforeseen legal claims.
Use a Hold Harmless Agreement if:
You are allowing someone to use your property or facility and you want to be protected against damages and liabilities caused by the other party.
A person or company will be performing services for you and you want to be protected from liability if a third party is harmed.
You want to protect someone from being sued by others because of your activities.
Hold Harmless, Hold Harmless Letter, Hold Harmless Release, Waiver of Liability, Release of Liability
Hold Harmless Agreement Information:
Let's say you've finally begun the home remodel you've been dreaming of: you wouldn't want to be liable if the mailman tripped over some debris. A Hold Harmless Agreement is a contract between two parties designed to release one or both parties from legal claims. Most often, one party agrees not to sue the other party for any expenses, damages, or losses arising from a transaction or activity between the two parties. The agreement defines the activity or transaction for which the other party will not sue. A Hold Harmless Agreement may apply to one or both parties. Using this document is helpful when another is using your property or performing services for you. You may also be asked to sign a Hold Harmless Agreements when you participate in an activity hosted by another party.
Hold Harmless Agreements are commonly used for real estate, contractors, consultants, and construction.
Information needed for creating a Hold Harmless Agreement:
You'll need to have some information at the ready to create your Hold Harmless Agreement, but most of it you probably know off hand. We'll guide you through the process with our step-by-step process so all you'll have to do is answer a few simple questions. Here are some of the key provisions in a Hold Harmless Agreement:
Party who will be protected from liability: Include the name and address.
Person signing on behalf of party being protected from liability: This is the specific person who is signing the agreement.
Party who is providing protection from liability: Include the name and address.
Person signing on behalf of party providing protection from liability: This is the specific person who is signing the agreement.
Effective date of agreement. This is the date that the agreement will be signed: Leave blank if unsure of date.
State law that applies: Choose the state law that will govern the provisions of the agreement. This may be the state where either party resides, or, state where property is located, or, state will services will be performed.
Types of protection you can cover in a Hold Harmless Agreement:
General: This is to hold the protected party harmless for specific occurrence described in 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 the spring festival.
Services: If Party B will be providing services to Party A and Party B agrees to hold Party A harmless should anything happen while completing services. Describe the services. For example, the subcontractor who is painting the exterior of 987 Smith Court holds the general contractor who hired the subcontractor to do painting harmless.
Use of Property: If Party B is using Party A’s property and Party B agrees to protect Party A from any liability for accidents that may occur while using the property. You will need to include the address of the property being used and describe the use of property. For example, 123 Maple Lane which is being used for a wedding including 150 guests from 6pm to 11pm on May 6, 2014.
Validity of Hold Harmless Agreement:
The validity of Hold Harmless Agreements varies state-by-state. 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 a Hold Harmless Agreement.
Other documents for property owners and contractors:
If you're using a Hold Harmless Agreement, you might find yourself needing other real estate documents. Here are a few of our most popular options:
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