Texas Waiver, Release of Liability, and Hold Harmless Agreement of Lessee in Favor of Lessor
What this document covers
The Waiver, Release of Liability, and Hold Harmless Agreement of Lessee in Favor of Lessor is a legal document used in landlord-tenant relationships. It protects the lessor (landlord) from liability for certain injuries or damages occurring on the leased property. Unlike standard lease agreements, this form emphasizes the lessee's responsibility for risks associated with their use of the property, effectively releasing the lessor from claims resulting from negligence or accidents. This is crucial in situations where the lessee may have limited legal recourse following an incident on the premises.
Main sections of this form
- Identification of the parties involved (lessor and lessee).
- Description of the leased property (premises).
- Waiver of liability for injuries sustained by the lessee.
- Indemnification clause where the lessee assumes all liability for accidents.
- Provisions for repairs of any damage caused by the lessee.
- Legal governing laws and terms regarding modifications to the agreement.
When to use this document
This form should be used before a lessee occupies rental property. It is particularly important in scenarios where the property may pose risks, such as shared spaces or buildings with ongoing maintenance issues. Landlords often require this agreement to manage liability concerns, ensuring that both parties understand their responsibilities regarding property safety and damages.
Who should use this form
- Landlords seeking to limit liability associated with their rental properties.
- Tenants who are entering into a lease agreement and are willing to accept responsibility for risks.
- Property management companies looking to draft clear agreements between lessors and lessees.
How to prepare this document
- Identify and enter the date of the agreement.
- Provide the names and addresses of the lessor and lessee.
- Describe the property being leased in detail.
- Specify the time frame for the lessee to make any necessary repairs.
- Ensure signatures of both the lessor and lessee are present at the end of the document.
Does this form need to be notarized?
In most cases, this form does not require notarization. However, some jurisdictions or signing circumstances might. US Legal Forms offers online notarization powered by Notarize, accessible 24/7 for a quick, remote process.
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Make edits, fill in missing information, and update formatting in US Legal Forms—just like you would in MS Word.
Download a copy, print it, send it by email, or mail it via USPS—whatever works best for your next step.
Sign and collect signatures with our SignNow integration. Send to multiple recipients, set reminders, and more. Go Premium to unlock E-Sign.
If this form requires notarization, complete it online through a secure video call—no need to meet a notary in person or wait for an appointment.
We protect your documents and personal data by following strict security and privacy standards.
Common mistakes
- Failing to specify the property details accurately.
- Not including both parties' names and signatures.
- Ignoring local state laws that may affect waiver clauses.
- Overlooking the need for clarity in indemnification responsibilities.
Benefits of using this form online
- Convenience of instant download and immediate use.
- Easily editable to customize terms specific to your needs.
- Prepared by licensed attorneys to ensure legal compliance.
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FAQ
The date of the agreement. The name of the person held harmless or protected, with their address. The name of the other party to the agreement, with their address. Details about the activity or event the agreement is about, such as horseback riding or country club membership.
The main difference in this case is that hold harmless may require a party to protect against actual losses as well as potential losses while indemnification protects against actual losses only.
By signing a broad form hold harmless agreement you are possibly exposing your company to uninsurable risk. Contractual Liability Coverage for sole or gross negligent acts of your client is excluded is y most liability policies.As with all contracts, it is best to have legal counsel review prior to signing.
A waiver of subrogation provision prevents the insurance company (who steps into the shoes of the insured after it pays a loss) from suing the other party to the contract which likely caused the loss. Moreover, waiver of subrogation provisions found in contracts are generally upheld by Courts.
A hold harmless clause is used to protect a party in a contract from liability for damages or losses. In signing such a clause, the other party accepts responsibility for certain risks involved in contracting for the service.
Overview of Hold Harmless Agreements A hold harmless agreement (HHA) is a contract that prevents one party from being liable to the other if there are injuries or damages. Contracts are either unilateral, meaning the contract protects only one party, or reciprocal, where both parties waive liability against each other.
Executing Your Hold Harmless Agreement Once the hold harmless agreement has been completed, simply have all parties sign and date to complete the document. Although not required, it is always a good idea to have the document notarized for extra protection.
A hold harmless agreement included within a contract grants the party providing the service the right to be free from liability. A waiver of subrogation causes one to give up the right to allow an insurance company to step into the position of the contractual party to recover damages.
Get help. Writing a waiver should not be complicated. Use the correct structure. Proper formatting. Include a subject line. Include a caution! Talk about the activity risks. Do not forget an assumption of risk. Hold harmless.