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By signing a broad form hold harmless agreement you are possibly exposing your company to uninsurable risk. Contractual Liability Coverage for sole or gross negligent acts of your client is excluded is y most liability policies.As with all contracts, it is best to have legal counsel review prior to signing.

So, if an accident happens and injury occurs, is a Waiver effective in protecting the institution from liability and preventing a lawsuit from the injured party? The answer is that, if properly worded and signed, the Waiver is likely valid and will preclude legal claims for injuries.

Hold Harmless Agreement vs. Essentially, one party is held free from liability in the case of an accident or damage. A waiver of subrogation obligates one party to give up the right for their insurer to subrogate, or to step in on the insured's behalf to recover any losses by suing the party at fault.

In practice, a hold harmless and an indemnity are functionally equivalent in that both require a party to assume responsibility for losses incurred by another party in connection with certain acts and circumstances. Some argue that while an indemnity shifts losses, a hold harmless shifts both losses and liability.

Courts don't all agree whether this clause is valid because it prevents your family from suing the airline should there be an accident. If a hold harmless clause goes against the public interest, a court probably won't enforce it. Hold harmless agreements are usually ineffective if the other party was negligent.

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

Enforceability of Hold Harmless Agreements The general answer is yes, that these documents signing away your right to sue for negligence are legally enforceable.