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Key Takeaways. A hold harmless agreement is used to protect a party in a contract from liability for damages or losses. In signing such an agreement, the other party accepts responsibility for certain risks involved in contracting for the service.

What Is a Hold Harmless Agreement? A hold harmless agreement is a clause in a legal contract absolving one party of legal liability for any injuries or damages suffered by another party. It ensures that one party cannot hold the other party legally responsible for any risks incurred from services provided.

In most cases, a hold harmless agreement is binding and legally enforceable. Business owners should include specific language in their contract, stipulating a release of liability from lawsuits that occur as a result of negligence.

A hold harmless agreement protects business owners from being sued when someone suffers damage, bodily injury, or financial loss on business property or while a service is being provided.

The prevailing interpretation is that ?hold harmless? and ?indemnify? are synonymous. However, under the minority view, ?hold harmless? requires payment of both actual losses and potential liabilities, while ?indemnify? protects against incurred losses only.

Generally, hold harmless agreements are enforceable in California if they are specific. They protect one party to an agreement from the other party's demands for compensation.

In order from most to least protective, the three types of indemnity agreements are broad form, intermediate form, and limited form. In the explanations below, we will refer to parties as either indemnitors or indemnitees. The indemnitor is the party waiving their right to hold the other party responsible for damages.

Hold harmless is defined as a promise in a contract, by one party not to hold the other party responsible if the other party carries out the contract in a way that causes damage to the first party.

The general answer is yes, that these documents signing away your right to sue for negligence are legally enforceable.Those are not injuries that you would expect to normally occur during ice skating, and thus, the hold harmless may not be a bar to suing.

Indemnification, according to the court, is an offensive righta swordallowing the indemnitee to seek indemnification. On the other hand, hold harmless is a defensive measure providing the right not be bothered by the other party itself seeking indemnification. Under this view, hold harmless shields one party