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The hold harmless and indemnification clause can protect the member from costs and damages arising out of the negligent acts of the vendor. To ensure that the vendor also pays for all attorney fees, the provision should read “defend and indemnify.”

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.

A homeowner hiring a roofer might request a hold harmless agreement to protect against a lawsuit if the roofer falls off the roof. A sports club may include a hold harmless agreement in its contract to prevent its members from suing if they are injured in the course of participating in tennis matches.

The Contractor shall defend, indemnify and hold the County, its officers, officials, employees and volunteers harmless from any and all claims, injuries, damages, losses or suits including attorney fees, arising out of or in connection with the performance of this Agreement, except for injuries and damages caused by ...

Indemnifications, or “hold harmless” provisions, shift risks or potential costs from one party to another. One party to the contract promises to defend and pay costs and expenses of the other if specific circumstances arise (often a claim or dispute with a third party to the contract).

How to fill out a hold harmless agreement 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.

For example, under a liability clause you may not be liable for losses that are consequential or 'beyond the normal measure. ' Examples of this type of loss are loss of profit or expenses incurred. Under an indemnity clause however, liability extends to cover these more remote, consequential losses.

The indemnitor promises to defend certain types of lawsuits against the other party (indemnified claims) and to pay settlements and/or judgments. That's an obligation to perform under the contract. And limit of liability terms restrict liability for breach — for damages — not obligations to perform.

A hold harmless is an agreement by a party to assume responsibility for, and to not hold the other party liable for, damages resulting from the occurrence of certain acts, circumstances or events.