How do I add a hold harmless clause to a contract?

I'm writing a contract and want to include a hold harmless clause—how do I word it properly so it actually protects me and doesn't cause issues later?

Answer

You can add a hold harmless clause by clearly stating who is protected, who is responsible, and what situations are covered. The goal is to make it easy to understand who pays if something goes wrong.

A well-written clause is specific, not vague. It should clearly describe the risks being shifted and the types of costs or claims included.

What should a hold harmless clause include?

A strong clause identifies both parties—the one being protected and the one taking responsibility. It should explain what actions or events trigger the protection, such as work performed, negligence, or specific risks.

It should also define what is covered, like damages, losses, or legal fees. Many clauses use language like "indemnify, defend, and hold harmless" to cover different types of responsibility.

How do you avoid issues with the clause?

Clarity is key. The clause should be easy to read and not overly broad. If it is too vague or tries to cover everything, it may not be enforceable.

It should match your actual business risks and be clearly included in the contract so both parties understand and agree to it.

What to do next...

Clearly define who is protected and who is responsible.
List the specific risks and situations covered.
Include the types of costs (like damages or legal fees).
Make sure the clause is clear and easy to find in the contract.

What to consider in your specific situation

While hold harmless clauses are common, how well they work depends on your contract details and risks.

The type of services or activities involved.
The exact wording and scope of the clause.
Whether the clause is one-sided or mutual.
Local laws that affect enforceability.
The level of risk tied to your work.
The potential size of claims or damages.

A clear and well-structured clause can help reduce risk and avoid disputes later. Since every situation is different, consider more information through Rocket Copilot, a Legal Pro, or a legal document review to move forward with confidence.

Explore more about risk and liability contract clauses

Explore more questions about hold harmless clauses

Hold harmless clauses are designed to protect one party from being held liable for certain risks or claims. These questions help clarify how they work, how they differ from indemnity, and when they’re typically used.

Does a hold harmless clause prevent me from being sued?