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Does a Hold Harmless (Indemnity) Agreement have to be notarized? A Hold Harmless Agreement does not need to be notarized in order to be legally valid.

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. In some states, the use of a hold harmless clause is prohibited in certain construction jobs.

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.

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

An apartment lease may have a hold harmless clause stating that the landlord is not responsible for any damage caused by the tenant. A homeowner hiring a roofer might request a hold harmless clause to protect against a lawsuit if the roofer falls off the roof.

A hold harmless agreement protects business owners from being sued when someone suffers damage, bodily injury, or financial loss on business property or while a service is being provided.

A hold harmless agreement included within a contract grants the party providing the service the right to be free from liability. A waiver of subrogation causes one to give up the right to allow an insurance company to step into the position of the contractual party to recover damages.