Hold Harmless Agreement Template
Created by:
[Sender.FirstName][Sender.LastName] [Sender.Company]
Prepared for:
[Client.FirstName][Client.LastName]
[Client.Company]
This Hold Harmless Agreement (herein referred to as “Agreement”) is made effective on the (day) of (month), (year) by and between [Sender.Company] and [Client.FirstName][Client.LastName]. Both are sometimes individually referred to as “Party” and collectively referred to as the “Parties" herein this Agreement.
Whereas, [Client.FirstName][Client.LastName] desires to hold harmless [Sender.Company] from any legal liability arising out of [Client.FirstName][Client.LastName]’s actions in connection with (describe the activity being engaged in i.e. skydiving, summer camp, etc.)
Now, therefore, in consideration of the mutual covenants and conditions contained herein this Agreement, both hereby agree as follows:
Terms
1. Hold harmless
[Client.FirstName][Client.LastName] shall fully indemnify, defend, and hold harmless [Sender.Company] from any and all lawsuits, claims, demands, liability, causes of action, loss, injury, and/or damage of any kind whatsoever (including without limitation all claims for property damage, monetary loss, personal injury, wrongful death, and/or equitable relief), whether brought by an individual or other entity, or imposed by a court of law or by administrative action of any federal, state, or local governmental body or agency, arising out of, in any way whatsoever, any omissions, acts, negligence, or willful misconduct on the part of [Client.FirstName][Client.LastName] by [Sender.Company], its officers, personnel, owners, agents, employees, volunteers, invitees, or contractors.
This indemnification applies to and includes, without limitation, the payment of all fines, penalties, awards, judgments, decrees, attorneys’ fees, and related costs or expenses, and any reimbursements to [Client.FirstName][Client.LastName] by [Sender.Company], for all legal expenses, fees, and costs incurred.
2. Authority, understanding, and willingness to enter agreement
Each Party warrants that the individuals who have signed this Agreement have the actual legal right, power, and authority to make this Agreement and bind each respective Party to the covenants and conditions herein. Each Party warrants that they fully understand the covenants herein and have not been coerced or beguiled into signing this Agreement.
3. Amendments, additions, and modifications
No modification, addition, or amendment of this Agreement shall be legally binding unless executed in writing and signed by both Parties.
4. Waiver
At no point shall any waiver of any single default constitute a waiver of any other default or breach, whether of the same or other covenant or condition. No waiver, privilege, benefit, or service that is voluntarily given or performed by a Party shall give the other Party any contractual right by estoppel, custom, or otherwise.
5. Attorneys’ costs and fees
If any legal action or other proceeding is brought forward in relation to this Agreement, the successful Party, if any, shall be entitled to recover reasonable attorneys’ fees and other related legal costs, in addition to any other relief to which that Party is legally entitled.
In the event that the recovery of attorneys' fees becomes the subject of dispute, the court who presides over such legal action or proceeding is empowered to establish which Party, if any, is the prevailing party in line with this provision.
6. Entire agreement
There exists no other oral or written statement with superiority to this Agreement. This Agreement contains the entire agreement between the Parties related to the matters detailed herein and supersedes any prior written or oral statements or agreements between the Parties relating to such matters.