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Indemnity Agreement Template

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Created by:

​

​[Party 1.FirstName][Party 1.LastName][Party 1.Company]​

Prepared for:

​

​[Party 2.FirstName][Party 2.LastName]​

​[Party 2.Company]​

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An example of where this agreement may be useful is where a party is using another’s property for a function, and the latter party does not want to have any responsibility for what may happen at the function. In that case, the “Description” above would be “use the Indemnified Party’s property located at X to host a function…”.

THIS INDEMNITY AGREEMENT (the “Agreement” or this “Indemnity Agreement”), is made and entered into as of this date, by and between party name 1 (the “Indemnifying Party”), a state corporation, with a registered office located at address and party name 2, a state corporation, with a registered office located at address (the “Indemnified Party”).

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WHEREAS: ​

a. The Indemnifying Party wishes to description, and ​

b. As a condition of such, the Indemnified Party wishes to be indemnified and held harmless, as more fully set forth in this Indemnity Agreement below. ​

In consideration of foregoing, and of the mutual covenants contained herein, the receipt and sufficiency of which are hereby acknowledged, the parties to this Agreement hereby agree as follows: ​

The Indemnifying Party agrees to indemnify and save the Indemnified Party, and list of other parties harmless from and against any and all claims, liability, loss, expenses, suits, damages, judgments, demands, and costs (including reasonable legal fees and expenses) arising out of (i) the acts or omissions of Indemnifying Party, and list of other parties in connection with description; or (ii) any accident, injury or death to persons, or loss of or damage to property, or fines and penalties which may result, in whole or in part, by reason of description except to the extent that such damage is due solely and directly to the negligence of the Indemnified Party. ​

If the Indemnified Party is an organization, they may want to protect the interests of their employees, agents and directors individually as well. Are there any other parties you will want to protect under this Agreement? harmless from and against any and all claims, liability, loss, expenses, suits, damages, judgments, demands, and costs (including reasonable legal fees and expenses) arising out of (i) the acts or omissions of Indemnifying Party, and [LIST OF OTHER PARTIES].

Listing the Indemnifying Party’s “employees, agents, contractors…” or “guests, etc.” will hold them responsible for acts of these individuals in addition to their own acts. in connection with [DESCRIPTION]; or (ii) any accident, injury or death to persons, or loss of or damage to property, or fines and penalties which may result, in whole or in part, by reason of [DESCRIPTION] except to the extent that such damage is due solely and directly to the negligence of the Indemnified Party.

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The Indemnifying Party shall defend and settle at its sole expense all suits or proceedings arising out of the foregoing.

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The obligations of the Indemnifying Party under this Indemnity Agreement shall last in perpetuity.

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Any failure or delay by either Party to exercise any right, power or privilege hereunder or to insist upon observance or performance by the other of the provisions of this License Agreement shall not operate or be construed as a waiver thereof.

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IN WITNESS WHEREOF, the parties to this Agreement have caused this Indemnity Agreement to be duly executed, delivered and effective as of the date of the last party to sign below.

​[Party 1.Company]​

​[Party 2.Company]​

​

Signature

MM / DD / YYYY

​

MM / DD / YYYY

Signature

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FAQ

  • An indemnity agreement is a legally binding document between two parties (indemnifier and indemnified) which states that a party will not bear any liabilities. It includes terms and conditions, clauses, and signatures. However, indemnity contracts can be created based on the terms of each party.

  • Indemnities can be of many types, however, the three main types of indemnities are control based, identity based (also known as knock for knock), or fault based. Indemnities can be through in the form of cash payments, replacements, reinstatements, or repairs.

  • The most common forms of indemnity agreements are broad form indemnity agreements, intermediate type indemnity agreements, and comparative form indemnity agreements. The usage of these agreements depends on the industry. For example, in construction, broad form indemnity agreement is most commonly used.

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Indemnity Agreement Template

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