Follow these steps in creating your simple hold harmless agreement:
1. Consult an attorney – This download is an only simple sample and you should consult an attorney for proper wording that fits your business.
2. Understand who you are. A hold harmless agreement is an indemnity agreement where risk is contractually transferred from one party to another. The party holding the risk is the indemnitor and the party transferring the risk is the indemnitee.
3. Understanding the transfer of risk. The agreement does not depend on the existence of insurance coverage. The party held liable will be liable whether there is insurance in force or not. If the hold harmless agreement can be enforced than the indemnitor should plan to be held liable whether there is insurance or not.
4. Understand the 3 types of hold harmless agreements. There are three types of hold harmless agreements, each varying the amount of risk the Indemnitor holds: Broad Form, Intermediate, and Limited. In a broad form, which is not even legal in some states, the indemnitor is responsible for all risk regardless of fault. In intermediate form, the indemnitor is 100% liable for damages unless the indemnitee is 100% at fault. This is the most common form used. Finally, in limited form, the indemnitor is responsible for damages to the percentage they are at fault. These are very general descriptions and one should contact legal counsel to dig deeper into contractual language.
5. Use initials– Make sure both parties initial off on important parts of the contract that need to be understood.
Take the time to consult a quality contract law attorney once and you will have a document that can be used for years to come. Please download our simple form below to give you an idea of how a simple hold harmless agreement reads.
