Release Of Claims With Indemnity In Ohio

State:
Multi-State
Control #:
US-00457BG
Format:
Word; 
Rich Text
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Description

This form is a model waiver and release for use of a Park regarding the use of the Park's mountain biking facilities or mountain biking at the Park. Its purpose is to limit the liability of the Park to the Biker, including Bikers under the age of 18. The necessity of an acknowledgment before a notary public by parent is to protect against someone other than the parent or guardian signing on behalf of minor Biker.

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FAQ

Ohio's anti-indemnity statute, R.C. §2305.31, renders void terms of an indemnity provision in a construction contract in which the indemnitee attempts to shift responsibility for its negligence to the indemnitor. Such terms are void and unenforceable as a violation of public policy.

This form of a Release Agreement, Indemnity Agreement and Hold Harmless Agreement releases a party from certain specified liabilities. Releases are used to transfer risk from one party to another and protect against the released party or reimburse the released party for damage, injury, or loss.

A “release” is a discharge of obligations. An “indemnity” is an undertaking or a legally binding promise whereby one party agrees to accept the risk of loss or damage the other party may incur as a result of a transaction or event occurring.

Anti-indemnity statutes are laws that restrict the scope of legal liability one party may transfer to another in a contract.

To remedy the harsh results, Ohio enacted its anti-lapse statute which can be found in Ohio Revised Code Section 2107.52. In the event that a beneficiary dies before the testator, Ohio law “protects” the devise and prevents the devise from being extinguished by the common law lapse rule.

A covenant, promise, agreement, or understanding in, or in connection with or collateral to, a contract or agreement relative to the design, planning, construction, alteration, repair, or maintenance of a building, structure, highway, road, appurtenance, and appliance, including moving, demolition, and excavating ...

A Release and Indemnity is a legal agreement that involves one party (the “releasor”) agreeing not to hold another party (the “releasee”) liable for any damages or claims that may arise from a specific event, transaction, or relationship.

Ohio's anti-indemnity statute essentially prohibits indemnity agreements under which the promisor agrees to indemnify the promisee for the promisee's own negligence.

Letters of indemnity should include the names and addresses of both parties involved, plus the name and affiliation of the third party, if any. Detailed descriptions of the items and intentions are also required, as are the signatures of the parties and the date the contract is executed.

This form of a Release Agreement, Indemnity Agreement and Hold Harmless Agreement releases a party from certain specified liabilities. Releases are used to transfer risk from one party to another and protect against the released party or reimburse the released party for damage, injury, or loss.

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Release Of Claims With Indemnity In Ohio