Download these 06 Free Hold Harmless Agreement Templates in MS Word format to study before preparing your Agreement effectively.
A Hold Harmless Agreement is a letter or a clause within a contract that stipulates a limit to the liability incurable by the party receiving the Hold Harmless Agreement letter. Specifically, a party declares the other free from any liability or liability resulting while undertaking a task, occupying a space, or making use of the facility provided by the receiver of the Hold Harmless Agreement. Though this applies to several instances, it is, however, more common in a construction site where the party giving out the job tends to work towards reducing the possible liability occurring from the contractor’s or subcontractor’s acts while undertaking the construction work.
Hold Harmless Agreement Format Guidelines
The following are the important Hold Harmless Agreement writing guides that must be in place to have a tenable Hold Harmless Agreement. It is though important to note from the start that different states and countries have a bit of variation in what is allowed or considered legal. So, verify such differences to know what’s applicable where you are.
First, a Hold Harmless Agreement indemnifies you from any claim or legal proceeding arising from the cause of your duty and reduces your litigation risk during the same time thus allowing you to focus on your work without fear or distraction. Secondly, a Hold Harmless Agreement should have clear, explicit language protecting the intended party from possible expenses and/or litigation. It can be provided in the terms of a contract, by an insurance company, or by any other party deemed capable by the presiding law.
Hold Harmless Agreement Provisions
It must be within the ambit of the rules drawn in the location/state where the contract(s) is taking place. For a Hold Harmless Agreement Letter to be valid and complete, there are key provisions that must be included:
- The name and the identity of the party that receives the indemnity in the Hold Harmless Agreement.
- The name and the identity of the person/party providing the indemnity.
- The date that the contract and the agreement are signed and the time becomes effective.
- The contract upon which the Hold Harmless Agreement is being written.
- The location where the contract is to be executed.
- The period through the agreement lasts.
- The specific details of the agreement.
- And, lastly, the specific law upon which the terms of the agreement are based.
Hold Harmless Agreement Templates – MS Word
Here is a preview of a Free Hold Harmless Agreement Template in MS Word format.
Different Kinds of Hold Harmless Agreements
A Hold Harmless Agreement can cover a part of the possible expenses incurable at the contract site. On the other hand, it could exclude certain parts, including the expenses incurred through the negligence of a third party. Lastly, it could be entirely restricted to a part of the work included in the contract.
For instance, a person may be indemnified from any fall beyond a certain part of a structure where a painter is working. This may be because the painter needs to observe all required professional precautions to be safe at such a height. And the contractor believes the responsibility is entirely within the workers’ ambit.
The following are specific parts of a Hold Harmless Agreement: List of exceptions for indemnification; terms of definition; settlements and consents as agreed by the parties involved etc.