Hold Harmless Agreement template

Free hold harmless agreement template

A hold harmless agreement is a contractual promise where one party agrees not to hold the other party legally or financially responsible for certain damages, losses, or claims.

Our free, editable hold harmless agreement template lets you clearly outline the terms, conditions, and scope of liability protection. This contract can be filled out online, printed, or downloaded for your records. It’s often used by businesses when allowing another party to use property, lease equipment, or contract services. Docusign’s blank template covers most all hold harmless situations because it’s easy to customize with specific liability terms and event or project details.

So get started with our fillable hold harmless agreement example and see how it can be printed for signing or saved as a PDF for digital records - all within your Docusign account.

What is included in a hold harmless agreement?

Hold harmless agreements are most likely to be enforceable if they include all of the following:

• Clear identification of the parties: Full legal names and addresses of both the Indemnifying Party and the Indemnified Party.

• Description of the covered activity or event: A specific and clear description of the activity, event, or situation giving rise to potential liability.

• Duration: The time period during which the agreement will be effective.

• Governing law: The state law under which the agreement will be interpreted and enforced.

• Signatures: Dated signatures of both parties, indicating their agreement to the terms.

Additional (optional) provisions

The following additional clauses are not required but may be included to strengthen the agreement or address specific concerns:

• Insurance requirements: Requiring the Indemnifying Party to maintain certain insurance coverage.

• Notice of claims: Outlining procedures for notifying the parties in the event of a claim.

• Severability: Ensuring that if one part of the agreement is held invalid, the remainder remains in effect.

• Modification and waiver: Stipulating how changes to the agreement must be made (usually in writing, signed by both parties).

• Assignment: Indicating whether rights or obligations under the agreement may be transferred to others.

• Dispute resolution: Specifying methods for resolving disputes, such as mediation or arbitration.

When do you need a hold harmless agreement?

Here are some common situations in which a hold harmless agreement might be advisable:

• High-risk activities: When one party is involved in activities that carry inherent risks, such as construction, sports, or adventure tourism.

• Property use: When allowing others to use your property, especially for events or activities that could lead to injury or damage.

• Service provision: When providing services that could potentially result in harm or liability to the client.

• Contractual relationships: In business contracts where one party wants to protect themselves from liabilities arising from the other party's actions or negligence.

• Event planning: When organizing events where participants or attendees could be exposed to risks.

What’s the difference between a hold harmless agreement and an indemnity agreement?

A hold harmless agreement is about releasing one party from liability for injuries or damages that may occur. In contrast, an indemnity agreement primarily focuses on financial compensation, where one party promises to reimburse another for specified losses or damages. Although both shift risk, indemnity agreements cover who pays, while hold harmless agreements cover who is responsible and cannot be held accountable.