Indemnity Agreements Legal Forms

Popular - An Indemnity Agreement is an agreement whereby one party agrees to protect another party against certain future losses or claims. Indemnity Agreements will memorialize this understanding and will also set out some of the basic terms of the indemnification (e.g. indemnification procedures, notice, etc.). These agreements are also commonly called Hold Harmless Agreements, and are commonly found in insurance transactions, leases, certain joint venture transactions, strategic partnerships and easements (arrangements where one party seeks to use another’s property).

There are situations where an Indeminity or Hold Harmless Agreements would not apply, because it would violate public policy. Exempting a common carrier from all liability would be unenforceable as a violation of public policy for instance.An Indemnity Agreement is an agreement whereby one party agrees to protect another party against certain future losses or claims. Indemnity Agreements will memorialize this understanding and will also set out some of the basic terms of the indemnification (e.g. indemnification procedures, notice, etc.). These agreements are also commonly called Hold Harmless Agreements, and are commonly found in insurance transactions, leases, certain joint venture transactions, strategic partnerships and easements (arrangements where one party seeks to use another’s property). There are situations where an Indeminity or Hold Harmless Agreements would not apply, because it would violate public policy. Exempting a common carrier from all liability would be unenforceable as a violation of public policy for instance.

Those who are beneficiaries under these agreements should be aware that the presence of this agreement is not a blanket protection from liability. There are exemptions from Indemnity Agreements even where a third party is involved. Generally, Indemnification Agreements would not be enforceable in the face of acts of willful injury, fraud, gross negligence and avoidance of the law.

When enforcing an indemnity agreement, courts will look to the intention of the parties. In the past, courts have examined liability when the indemnifying party suffers damage due to the negligence of the Indemitee. In order to shift this responsibility, the courts adopted a “clear and unequivocal test.” To be enforceable, the language had to expressly state the intent of the Indemnitor to indemnify the Indemnitee against the consequences of the Indemnitee’s negligent actions.

Attorney prepared

Our forms are kept up-to-date and accurate by our lawyers

Unlike other sites, every document on FindLegalForms.com is prepared by an attorney, so you can be sure that you are getting a form that is accurate and valid in your state.

Valid in your state

Our forms are guaranteed
to be valid in your state

Our team works tirelessly to keep our products current. As the laws change in your state, so do our forms.

Instant download

Download your form in
a format you can use

After you place your order, your forms will be available for immediate download. You can save the file for later use or print it immediately. We make all formats available to you at no extra charge.

Free eSignature

Sign your form online, free with any form purchase

We now provide a free Electronic Signature Service to all of our visitors. There are no hidden charges or subscription fees, it's just plain free.

Over 1,300,000 satisfied customers

In over 10 years of creating and selling legal forms, our focus has never changed: providing our customers high quality legal products, low prices and an experience that takes some confusion out of the law.

60-Days Money Back

Try our forms with no risk

If you are unhappy with your form purchase for any reason at all, contact us within 60 days and we will refund 100% of your money back.