Adult Hold Harmless/Indemnity Agreement Template

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Catholic Mutual. . ."CARES"
ADULT HOLD HARMLESS/INDEMNITY AGREEMENT
Ideally, individuals utilizing parish premises for activities that are neither parish sponsored nor
affiliated, should be providing the parish with a certificate of insurance naming the parish and the
Arch/Diocese as an additional insured. However, in certain instances when groups or individuals
do not have insurance, the Adult Hold Harmless/Indemnity Agreement can be used. The Adult
Hold Harmless/Indemnity Agreement has not been designed to be a replacement for insurance,
but has been developed only for certain situations. Specifically, the Adult Hold
Harmless/Indemnity Agreement must be utilized for the following situations that are often
encountered by parishes:
1.
Adult Athletic Participation - Adults who use or rent the parish gym for “non-parish
sponsored" basketball or volleyball must sign the Adult Hold Harmless/Indemnity
Agreement. It is not adequate to have one representative of a sports group sign an
agreement. Each individual must sign an agreement for the contracts to be valid. Please
note that a new agreement does not have to be obtained for each usage of the gym if the
gym is being utilized on a seasonal basis. Instead, the parish may obtain one signed
agreement per individual, per season.
2.
Craft Fairs - Considering that a parish craft fair usually involves a large number of craft
vendors, it is impossible to obtain a certificate of insurance from each vendor. Instead, an
Adult Hold Harmless/Indemnity Agreement should be distributed with the craft vendors’
registration material for the vendor to sign. A craft vendor who does not sign an Adult
Hold Harmless/Indemnity Agreement should not be allowed to participate in your
parish’s craft fair.
3.
Other Small Groups - In rare instances, the Adult Hold Harmless/Indemnity Agreement
can be used for very small groups that do not have liability insurance. Similar to the adult
athletic participation, in these cases an Adult Hold Harmless/Indemnity Agreement must
be obtained from each individual of each group who utilizes parish facilities. When
dealing with large groups, it is not feasible to have each group member sign an
agreement. Considering this, large groups must sign the Facility Usage/Indemnity
Agreement, which requires insurance.
The Adult Hold Harmless/Indemnity Agreement is a legal contract between your parish and the
individual who signs the agreement. The agreement will effectively bar the signer of the
agreement from making a claim against the parish. Please note that the Adult Hold
Harmless/Indemnity Agreement is only valid when the signer is at least 18 years of age. The
parish should not alter the agreement in any way as an alteration could result in nullifying the
legality of the agreement. Original copies of signed Adult Hold Harmless/Indemnity Agreements
should be kept in parish files for at least two years. Injuries and accidents are often not promptly
reported, necessitating the need for original copies to be maintained.
Catholic Mutual. . ."CARES"
ADULT HOLD HARMLESS/INDEMNITY AGREEMENT
Ideally, individuals utilizing parish premises for activities that are neither parish sponsored nor
affiliated, should be providing the parish with a certificate of insurance naming the parish and the
Arch/Diocese as an additional insured. However, in certain instances when groups or individuals
do not have insurance, the Adult Hold Harmless/Indemnity Agreement can be used. The Adult
Hold Harmless/Indemnity Agreement has not been designed to be a replacement for insurance,
but has been developed only for certain situations. Specifically, the Adult Hold
Harmless/Indemnity Agreement must be utilized for the following situations that are often
encountered by parishes:
1.
Adult Athletic Participation - Adults who use or rent the parish gym for “non-parish
sponsored" basketball or volleyball must sign the Adult Hold Harmless/Indemnity
Agreement. It is not adequate to have one representative of a sports group sign an
agreement. Each individual must sign an agreement for the contracts to be valid. Please
note that a new agreement does not have to be obtained for each usage of the gym if the
gym is being utilized on a seasonal basis. Instead, the parish may obtain one signed
agreement per individual, per season.
2.
Craft Fairs - Considering that a parish craft fair usually involves a large number of craft
vendors, it is impossible to obtain a certificate of insurance from each vendor. Instead, an
Adult Hold Harmless/Indemnity Agreement should be distributed with the craft vendors’
registration material for the vendor to sign. A craft vendor who does not sign an Adult
Hold Harmless/Indemnity Agreement should not be allowed to participate in your
parish’s craft fair.
3.
Other Small Groups - In rare instances, the Adult Hold Harmless/Indemnity Agreement
can be used for very small groups that do not have liability insurance. Similar to the adult
athletic participation, in these cases an Adult Hold Harmless/Indemnity Agreement must
be obtained from each individual of each group who utilizes parish facilities. When
dealing with large groups, it is not feasible to have each group member sign an
agreement. Considering this, large groups must sign the Facility Usage/Indemnity
Agreement, which requires insurance.
The Adult Hold Harmless/Indemnity Agreement is a legal contract between your parish and the
individual who signs the agreement. The agreement will effectively bar the signer of the
agreement from making a claim against the parish. Please note that the Adult Hold
Harmless/Indemnity Agreement is only valid when the signer is at least 18 years of age. The
parish should not alter the agreement in any way as an alteration could result in nullifying the
legality of the agreement. Original copies of signed Adult Hold Harmless/Indemnity Agreements
should be kept in parish files for at least two years. Injuries and accidents are often not promptly
reported, necessitating the need for original copies to be maintained.
ADULT HOLD HARMLESS/INDEMNITY AGREEMENT
PARISH:
___________________________________________________________
(PARISH is understood to include the Arch/Diocese of __________________________)
ACTIVITY PARTICIPANT OR FACILITY USER:
_______________________
DATES OF ACTIVITY OR USAGE:
___________________________________
TYPE OF ACTIVITY OR USAGE:
___________________________________
The above named ACTIVITY PARTICIPANT OR FACILITY USER agrees to defend, protect,
indemnify and hold harmless the above named PARISH against and from all claims arising from
the negligence or fault of the above named ACTIVITY PARTICIPANT OR FACILITY USER
which arise out of the above named ACTIVITY OR USAGE at the above named PARISH.
Additionally, the above named ACTIVITY PARTICIPANT OR FACILITY USER agrees to
protect, defend, hold harmless and fully indemnify the above named PARISH for any claim or
cause of action whatsoever arising out of the above mentioned ACTIVITY OR USAGE which
takes place during the above identified DATE(S) OF ACTIVITY OR USAGE that is brought
against the PARISH by the above named ACTIVITY PARTICIPANT OR FACILITY USER or
their family members whether such claim arises from the alleged negligence of the PARISH, its
employees or agents or ACTIVITY PARTICIPANT or FACILITY USER’S negligence. If any
portion of this agreement is held invalid, it is agreed that the balance thereof, shall continue in
full legal force and effect.
SIGNED BY: ____________________________________________________________
NAME (Please Print):
________________________________________________
DATE:
____________________________________________________________
ADUHH (12/10)

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