Texas Indemnification Provisions
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How to fill out Indemnification Provisions?
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FAQ
A hold harmless clause is used as a release of liability in a contract that protects one party from injury or property damage caused by another party. By signing the clause, the other party is agreeing not to hold business owners legally responsible for the risks involved in certain services.
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).
For example, the term "indemnify" is used when a business hopes to protect itself against claims from a customer's error, while a hold harmless clause prevents a business from taking any responsibility for a customer's mistake. Experts recommend that both terms be included for maximum protection.
There are three main types of express indemnity clauses: broad form, intermediate form, and limited form. Broad form express indemnity clauses require the indemnitor to hold the indemnitee harmless for all liability, even if the indemnitee is solely at fault.
Hold harmless agreements are only enforceable in California if they contain specific and explicit language regarding which risks are covered. 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.
Most indemnification provisions require the indemnifying party to "indemnify and hold harmless" the indemnified party for specified liabilities. In practice, these terms are typically paired and interpreted as a unit to mean "indemnity."
44 states have enacted anti-indemnity statutes. In 2011, the Texas Legislature enacted the Texas Anti- Indemnity Act, which limits and makes void certain liability shifting agreements.
The main difference in this case is that ?hold harmless? may require a party to protect against actual losses as well as potential losses while indemnification protects against actual losses only.
