Free Hold Harmless Agreement

An agreement that allows one party to grant another party protection from liability for future losses or claims that may result from a specified activity.

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Suppose you’re intent on starting a business centered around a particularly dangerous activity, like bungee jumping. There are so many things that could go wrong that may result in a serious injury or death, you may be discouraged from really following through with your business plan. You need a way to reduce your potential liability to clients who are aware of the risk your service inherently poses – you need a Hold Harmless Agreement.

 

Executing a Hold Harmless Agreement protects a party from legal claims arising from a specified scenario. To continue with the current example, bungee jumpers that sign the agreement can’t turn around and sue and sue the company if they break their arm. But the hold harmless agreement isn’t just useful for dangerous activities; those who rent out property or are hiring a third party to perform services may also want a hold harmless agreement to be created as a shield from damages that may arise out of those activities.

Frequently Asked Questions

An agreement where one party absolves another from damages, losses, or other forms of liability connected to specified scenarios, such as the use of property or the provision of services. By indemnifying and holding harmless the other party, the indemnitee is also agreeing to protect the indemnitor from third party claims that may arise from that specified scenario.

There are many situations where this agreement may be desirable to a party. Examples include, but are not limited to:

  • Businesses that offer dangerous activities to the public (water skiing, skydiving) may want their clients to indemnify them from accidents that may result from the dangerous activities.
  • Similarly, a company that allows for the rental of property (real property, vehicles, etc.) may want their customers to sign an indemnity agreement regarding claims and losses that arise as a direct result of the customer’s use of the property.
  • A business that hires a consultant/contractor may want to have the consultant/contractor indemnify them against claims and losses that arise solely from the actions of the consultant/contractor.

 

The Hold Harmless Agreement is a fairly simple document and contains 4 sections:

  • Recitals and Definitions - This section describes the who, when, and why of the agreement:

    • The name and address of the indemnitor and indemnitee is given;

      • The indemnitee is the party that is receiving protection from liability.

      • The indemnitor is the party that is agreeing to protect the other. 

    • The date of the agreement is listed; and

    • A general description of the indemnified actions is specified.

  • Indemnity - The terms of the indemnity are detailed:

    • The indemnitor holds harmless and indemnifies the other party from future liability connected to the scenario.

    • There are three levels of indemnity the agreement may provide: Broad, intermediate or limited. 

      • Broad indemnity indemnifies the Indemnitee against ALL claims and suits.

      • Intermediate indemnity indemnifies the Indemnitee against ALL claims and suits EXCEPT for claims arising from the misconduct of Indemnitee.

      • Limited indemnity ONLY indemnifies the Indemnitee against claims and suits arising from the misconduct of the Indemnitor.

    • Some states do not permit certain types of indemnity, so refer to state law if you are unsure about the legality of the indemnification.

  • Other Terms and Representations - In addition to setting which State’s laws will govern the agreement, this section contains terms that ensures the agreement has been validly entered into.

  • Signatures - The agreement concludes with a signature section for each party to execute. 

    • If either party is a business/organization, their representative’s name and title will be printed here.

Our propriety form generator will assist you in creating your customized Hold Harmless Agreement within minutes. Answering the questions is not complicated – you only fill in the requested information and we will put it together for you.

 

Once you complete the questionnaire and place your order, it will be available for immediate download in either PDF or Word document from your secure online account including a step-by-step guide on how to use your document.

No, the hold harmless agreement does not need to be signed in the presence of a notary public. Use of a notary or unbiased witness would ensure that no one challenges any signatures in the future, however this is not necessary to make the Hold Harmless Agreement legally valid. If you choose to use a notary, you will want to create a Notarial Certificate to attach the agreement.