The complete guide to the hold harmless clause

A hold harmless agreement or clause is also called an indemnity agreement or hold harmless provision. It’s a contract that legally binds two or more persons.

This clause protects all the parties involved if someone is injured in an event or activity. Its aim is to shift the risk of potential legal damages or claims from one party to another.

By signing the hold harmless clause, one party accepts responsibilities for liabilities, expenses, or losses that may have been sustained during a specific event or activity. On the other hand, the other party is free from any legal repercussions.

This agreement plays a huge role in protecting the parties involved and ensuring they take responsibility for their involvement in a specific activity or action. The agreement offers a clear understanding of liability allocation, offering peace of mind to the numerous parties involved in a potentially risky circumstance.

The hold harmless clause is prevalent in industries such as construction, real estate, and areas where injury and losses are high. This clause also plays a vital role in business transactions.

For example, in most real estate lease agreements, a tenant might decide not to file a lawsuit against their landlord for injuries or damages sustained due to the landlord’s failure to properly maintain their property.

Some common examples of hold harmless clauses include:

• A hold harmless clause states that a property owner or landlord is not liable for any damage the tenant caused or will cause.
• Fitness centers and sports clubs use this agreement to prevent registered members from filing cases if they get injured while exercising.
• A homeowner hiring a repairman might ask for this agreement to protect himself from being sued if the repairman gets injured while working.

In the examples mentioned above, there might be an agreement requiring the partaker to accept every risk associated with the activity, including death.

Types Of Hold Harmless Clause

There are two (2) types of hold harmless clauses. They are mentioned below.

1.      Reciprocal Hold Harmless Agreements

This clause provides mutual protection for all the parties involved. In the reciprocal hold harmless agreement, the parties decide to hold each other harmless from any claims, damages, or liability arising during an event or activity.

This agreement helps establish balanced responsibilities and ensures that the parties are equally protected from potential losses and risks.

2.      Unilateral Hold Harmless Agreement

In this agreement, one party decides to release the other party from any claims or liability that might arise during a specific activity. This agreement is mainly used when a party allows you to participate in an event or activity or provides a service, such as a property owner or landlord allowing you to enter their premises or a contractor working on a job.

The Key Elements In A Hold Harmless Agreement

When you want to draft a hold harmless agreement, key elements must be included in the draft to make it comprehensive and legally enforceable. These elements are,

1. Who’s Involved: Clearly write down the names of the people or companies making the agreement. Everyone needs to know who’s agreeing to what.
2. What’s Happening: Describe the situation or activities the agreement covers. For example, is it about using a rented space, hosting an event, or doing some kind of work? Be clear about these details.
3. What’s Covered: Explain what kind of damage or responsibility the agreement is talking about. Is it just about accidents, or does it also include financial loss or injuries?

Besides these basics, there are other things to think about:

• How Far It Goes: Be clear about how much protection the agreement provides. Does it cover all situations or only specific ones?
• Rules and Conditions: Write down the rules both sides need to follow and any special terms they agree on.
• Insurance Details: If there’s insurance involved, include the details about what’s covered.
• Local Laws: Different places have different rules, so make sure the agreement follows the laws where you’re using it.