LEGALDOCS - Hold Harmless Agreement
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This is an example of a completed Hold Harmless Agreement.
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A Hold Harmless Agreement is provides that one party, the "Promisor", will be responsible for all damages and liability, including legal fees incurred in defending against a claim, the other party (the "Promisee") incurs, resulting from something the Promisor does or fails to do. Another name commonly used for a Hold Harmless Agreement is "Indemnity Agreement", because the Promisor "indemnifies" the Promisee for any liability or claims made against the Promisee.
A Hold Harmless Agreement is usually used where the Promisor's actions could lead to a claim or liability to the Promisee. For example, the buyer of land wants to inspect the property prior to close of escrow, and needs to conduct tests and studies on the property. In this case, the buyer would promise to indemnify the current property owner from any claims resulting from the buyer's inspection (i.e., injury to a third party because the buyer is drilling a hole; to pay for a mechanic's lien because the buyer hired a termite inspector, and so on). Another example is where a property owner allows a caterer to use its property to cater an event. In this example the Catering Company (the "Promisor"), agrees to indemnify the property owner for any claims arising from the Catering Company's use of the property.
To obtain a Hold Harmless Agreement, complete the Questionnaire below.
PARTIES TO THIS AGREEMENT
Terms of the Hold Harmless Agreement:
Contract Recital - This is a statement in the Contract giving background information to help put the contract's terms into context at a later date. See the two examples below showing a typical "Recital" in a Hold Harmless Agreement.
Example One: "Promisor is negotiating with Promisee to purchase real property owned by Promisee, and Promisor wants to enter onto the land to conduct studies and surveys to determine the suitability of the land to Promisor. The intent of this Agreement is to indemnify Promisee from any claims resulting from Promisor's entry onto the land."
Example Two: "Promisor will produce musical content for Promisee's programs and other uses, using material from Promisor's proprietary music library and other sources. The intent of this Agreement is to indemnify Promisee from any claims by third parties alleging that musical scores and content obtained from Promisor infringes on any such third party's rights to such scores and/or content."
- Enter a recital in the box below. (If the box is left blank, the final agreement will not include a "Recitals" section.
Description of Indemnity Clause - The language setting forth the promise to indemnify Promisee.
- Complete the following sentence, to describe exactly what event or events Promisor will indemnify Promisee against.
Promisor will indemnify and hold harmless Promisee from any claims arising from . . . .
(Do not capitalize the first word, and do not place a period at the end of the sentence.)
- "Promisor's entry onto Promisee's land, and all activities of Promisor on Promisee's land"
OR"any claims from any party other than Promisor or Promisee, that any musical score, composition, or related material infringes on any copyright, trademark, trade secret, or similar right of such third party to such musical score composition or related material"
OR"any claims arising from Promisor's use of the premises located at 300 Party Lane, Tuscon, Arizona, to host catering events and similar functions"
Additional Terms - Describe any additional terms you want included in the contract, if any. (If this section is left blank it will not appear in the final document.)
- For Example: "In the event any materialmen or mechanic's lien is filed against the property arising from Promisor's actions, Promisor agrees to either pay such disputed amount or to bond around and cause the discharge of such lien within five days following it's filing."
Attorney's Fees - A clause for attorney's fees is normally included in legal documents of this type. This means that if a lawsuit is filed by either party, the prevailing party in that lawsuit will be entitled to reasonable attorney's fees in addition to their actual court-awarded damages.
Name of Signatories:
- Enter the exact name (and title if applicable) of the person who will sign this Agreement on behalf of the Promisor; i.e., Sam K. Smart, President.
Enter the exact name (and title if applicable) of the person who will sign this Agreement on behalf of the Promisee
Location this Agreement is signed.
- Enter the city and state this Agreement will be signed (for example, "Austin, Texas").
Applicable State Law
- Enter the state which laws will govern this Agreement (for example, "Texas").
This completes the information input for your Hold Harmless Agreement. When you Send this Form, this program will prepare a Summary of the Hold Harmless Agreement for your review. Make sure that all facts stated in the Summary are correct in all respects.
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