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Enforceability of Hold Harmless Agreements The general answer is yes, that these documents signing away your right to sue for negligence are legally enforceable.
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.
When Is a Hold Harmless Agreement a Good Idea? A hold harmless agreement (also known as an indemnity agreement or waiver of liability) is a good idea any time you want to shift risk from one party to another. You can protect other people from being sued by taking on the liability yourself as well.
Most rental agreements are short-term agreements, such as month-to-month tenancies, while lease agreements are usually for longer rental periods, such as six months, a year, or more.
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.
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 Hold Harmless Agreement is a legal agreement that states that one party will not hold another party liable for risk, often physical risk or damage. The Hold Harmless Clause can be one-way (unilateral) or two-way (reciprocal) agreements and can be signed before or after an activity takes place.