"Hold Harmless Agreement Template"

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  1. What Is a Hold Harmless Agreement?
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  4. How to Fill Out a Hold Harmless Agreement?
  5. Do Harmless Agreements Hold Up in Court?

What Is a Hold Harmless Agreement?

A Hold Harmless Agreement is a legal contract in which one party releases another party from legal or financial responsibility. The purpose of the document is to provide a party with a liability waiver. The agreement can be presented as a separate document or as a clause, that can be included by parties in another legal contract (for example, it can be included in a lease agreement).

Alternate Names:

  • Harmless Agreement;
  • HHA.

This document is similar to an Indemnity Agreement, a type of an agreement in which an Indemnitor is agreeing to compensate for the potential loss of an indemnitee. Despite the resemblance, a Hold Harmless and Indemnity Agreement serve different purposes and are considered to be different kinds of documents by the majority of specialists.

A Hold Harmless Agreement template can be downloaded below or you can make your own using our online form builder.

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How to Fill Out a Hold Harmless Agreement?

Completing the document is a complicated and time-consuming process since there are a lot of important things that should be taken into account. A common Hold Harmless Agreement should contain the following:

  1. Information about the parties. A document should start with a title, that can be followed by information about the parties involved. A filer should designate the parties' full names and addresses.
  2. The subject of the contract. In this part of the document, one party agrees to hold harmless and release from liability another party, list the situations in which they are held harmless, and describe the types of damages that are not considered to be their liability.
  3. Exceptions. If there are any specific limitations to when a party is held harmless, or in reverse, when they are considered to be responsible for damages, they should be listed here as well.
  4. Duration of the agreement. Here a filer must state the period of time in which a party is held harmless and is released from liability.
  5. Parties' rights and responsibilities. This part of the agreement should contain all rights and responsibilities that each party has due to this document.
  6. Other terms and conditions. If there are any other statements that parties would like to include in the document, they should designate it here.
  7. Parties' contact information. The parties involved in the agreement should state their telephone numbers and emails for notification purposes.
  8. Parties' signatures. To state their will and express that they fully understand and agree on everything written in the document, parties should sign the contract.

Parties can include other sections in their agreement, such as governing law, severability, information about their representatives, jurisdiction, expenses, and other things that they have agreed on.

Do Harmless Agreements Hold Up in Court?

Often individuals think that signing a Hold Harmless Agreement will completely protect them from any kind of litigation, or will guarantee a decision that will support their side. However, this is not quite right. Whether the Harmless Agreement will stand in court depends on a lot of aspects, which can include the following:

  1. The circumstances of the situation. Each situation is different and the court will research each item of the case, even though it might look unimportant in the beginning. The wording in the agreement, the evidence, the documents provided to the court - everything will be thoroughly inspected and taken into account.
  2. The content of the agreement. It is vital to carefully draft the agreement before signing it. A party should make sure there are no limitations designated in the agreement itself, in which they can still be held as liable for any losses.
  3. The common law and litigation tendencies of a state. Some states take these kinds of agreements more seriously than others, that's why it is important to check if there are any specific state regulations regarding this document. Parties should make sure that the agreement does not violate any state's laws or policies.

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Hold Harmless Agreement
This Hold Harmless Agreement ​ ( hereinafter referred to as the “Agreement”) is entered
into as of ____________________ by and between ________________________, with a
mailing address of ________________________________________________________
(hereinafter referred to as the “Indemnitor”) and ________________________, with a
mailing address of ________________________________________________________
(hereinafter referred to as the “Indemnitee”), collectively referred to as the “Parties,” both
of whom agree to be bound by this Agreement.
WHEREAS, the Indemnitor wishes to indemnify and hold harmless the
Indemnitee from all claims arising from _________________________________.
Subject of Work
FOR VALUABLE CONSIDERATION, the receipt and sufficiency of which is
hereby acknowledged, the Indemnitor and the Indemnitee hereby agree as follows:
1. Indemnity and Hold Harmless. To the extent permitted by law, the Indemnitor will
indemnify and hold harmless the Indemnitee.
2. Representations on Authority of Signatories. ​ E ach person signing this Agreement
represents and warrants that they are duly authorized and has the legal capacity to execute
and deliver this Agreement and make this Agreement enforceable in accordance with its
terms.
3. Notice of Claim. ​ I n the event that a Party receives notice of a claim, that Party must
notify all other parties within ____________________.
Period of Time
4. Settlement. The Party controlling and defending any claim will be authorized to
accept a settlement subject to the following:
● Indemnitee Control. ​ I n the event the Indemnitee is controlling the defense of
such claim, the Indemnitor must give full written consent to enter into any such
settlement or give consent to an entry of judgment, such consent not to be
unreasonably withheld.
©​ ​ ​ ​
T EMPLATEROLLER.COM​
Hold Harmless Agreement
This Hold Harmless Agreement ​ ( hereinafter referred to as the “Agreement”) is entered
into as of ____________________ by and between ________________________, with a
mailing address of ________________________________________________________
(hereinafter referred to as the “Indemnitor”) and ________________________, with a
mailing address of ________________________________________________________
(hereinafter referred to as the “Indemnitee”), collectively referred to as the “Parties,” both
of whom agree to be bound by this Agreement.
WHEREAS, the Indemnitor wishes to indemnify and hold harmless the
Indemnitee from all claims arising from _________________________________.
Subject of Work
FOR VALUABLE CONSIDERATION, the receipt and sufficiency of which is
hereby acknowledged, the Indemnitor and the Indemnitee hereby agree as follows:
1. Indemnity and Hold Harmless. To the extent permitted by law, the Indemnitor will
indemnify and hold harmless the Indemnitee.
2. Representations on Authority of Signatories. ​ E ach person signing this Agreement
represents and warrants that they are duly authorized and has the legal capacity to execute
and deliver this Agreement and make this Agreement enforceable in accordance with its
terms.
3. Notice of Claim. ​ I n the event that a Party receives notice of a claim, that Party must
notify all other parties within ____________________.
Period of Time
4. Settlement. The Party controlling and defending any claim will be authorized to
accept a settlement subject to the following:
● Indemnitee Control. ​ I n the event the Indemnitee is controlling the defense of
such claim, the Indemnitor must give full written consent to enter into any such
settlement or give consent to an entry of judgment, such consent not to be
unreasonably withheld.
©​ ​ ​ ​
T EMPLATEROLLER.COM​
● Indemnitor Control. ​ I n the event the Indemnitor is controlling the defense of
such claim, the Indemnitee must give full written consent to any such settlement,
such consent not to be unreasonably withheld.
5. Attorney’s Fees. In the event any action at law or in equity is required to interpret or
enforce the terms of this Agreement, the prevailing Party will be entitled to recover
reasonable attorneys fees and costs.
6. Amendment or Modification. Any amendment or modification to this Agreement
will only be deemed valid if executed in writing and signed by both Parties.
7. Entire Agreement. This Agreement constitutes the entire agreement between the
Parties and supersedes any previous understanding, arrangement, warranty, or agreement
to the matter set forth in this Agreement.
8. Waiver. ​ I n no event will any delay, neglect, or forbearance on the part of any Party in
enforcing any provisions of this Agreement be deemed a waiver or limitation of that
Party's right to subsequently enforce and compel strict compliance with every provision
of this Agreement.
9. Assignment. Except where expressly permitted herein, neither this Agreement nor the
rights and obligations of any Party may be assigned without the prior written consent of
all Parties subject to this Agreement.
10. Severability. ​ I n the event that any or part of the provisions of this Agreement is held
to be invalid or unenforceable, in whole or in part, by a court of competent jurisdiction,
those provisions to the extent enforceable and all other provisions will nevertheless
continue to be valid and enforceable.
11. Joint and Several Liability. ​ N otwithstanding anything to the contrary contained
herein, if more than one person or entity is signing this Agreement as the Indemnitor,
their obligations under this Agreement will be joint and several.
12. Interpretation. Wherever the context so requires, words used in the singular include
the plural, and words used in the plural include the singular.
13. Governing Law. ​ T he Parties agree that this Agreement shall be governed by the laws
of _____________________.
State
©​ ​ ​ ​
T EMPLATEROLLER.COM​
The Parties agree to the terms and conditions set forth above as demonstrated by their
signatures as follows:
INDEMNITOR
INDEMNITEE
Name: _____________________
Name: _____________________
Signed: ____________________
Signed: ____________________
Date: ______________________
Date: ______________________
©​ ​ ​ ​
T EMPLATEROLLER.COM​
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