Fill Out Hold Harmless Agreement Online

What is a hold harmless agreement

The agreement names two roles. The indemnitor is the party taking on the risk, typically the one performing an activity, hosting an event, or using someone else's property. The indemnitee is the party being protected, typically the owner, host, or hiring party. If a claim covered by the agreement arises, the indemnitor agrees to indemnify the indemnitee, meaning cover the losses, defend against the claim, and hold the indemnitee harmless from the consequences.

Hold harmless language often appears as a clause inside larger contracts, but a standalone agreement like this one is useful when the parties want the risk allocation documented on its own, for example before a one-off event, a short project, or a facility rental.

The three scopes: broad, intermediate, and limited

Indemnity provisions are commonly grouped into three forms, and this template lets you check the one you intend.

• Broad form: the indemnitor covers all claims arising from the activity, even those caused partly or wholly by the indemnitee's own negligence, to the extent state law allows. Some states restrict or refuse to enforce this form, especially in construction.
• Intermediate form: the indemnitor covers all claims except those caused by the indemnitee's sole negligence or willful misconduct. This is the most common choice in commercial contracts.
• Limited form: the indemnitor covers claims only to the extent it caused them. Each party effectively remains responsible for its own negligence.

How to fill out the hold harmless template

Start with the date and the full names and addresses of the indemnitor and indemnitee. Describe the activity precisely, including the location and dates, because the description defines the boundary of the protection; a vague description creates arguments later about whether a claim was covered.

Check one scope box in Section 3, complete the insurance section by checking whether coverage is required and describing it if so, and choose how the agreement ends in the term section. Fill in the governing law blank with the state whose law should apply, then review every blank before downloading and signing.

When to use a hold harmless agreement

Typical situations include hiring a contractor to work on your property, renting out a venue or equipment, allowing an event or class to take place at your facility, letting a third party use your vehicle or animals, and volunteer or recreational activities that carry physical risk.

The agreement works alongside insurance rather than replacing it. An indemnity promise is only as good as the indemnitor's ability to pay, which is why the template includes an optional insurance requirement with a certificate obligation.

Common mistakes to avoid

A few recurring errors undermine otherwise sound agreements.

• Describing the activity so broadly that the indemnitor unintentionally takes on unrelated risks, or so narrowly that the real risk falls outside it.
• Choosing broad form indemnity without checking whether your state enforces it for your kind of contract.
• Skipping the insurance section when the indemnitor has no realistic ability to pay a claim out of pocket.
• Failing to give prompt written notice of a claim, which the defense clause requires.
• Assuming the agreement protects against the indemnitee's own gross negligence or willful misconduct; the template excludes those, as courts generally do.