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Hold Harmless Agreement

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Hold Harmless Agreement

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Learn more about Hold Harmless Agreement

A Hold Harmless Agreement is a legal agreement that states that one party will not hold another party liable for risk, often physical risk or damage. The Hold Harmless Clause can be one-way (unilateral) or two-way (reciprocal) agreements and can be signed before or after an activity takes place.

  • 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.

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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.

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.
  • 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.

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.

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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