An indemnity agreement is an agreement whereby one party agrees to protect another party against certain future losses or claims. For example, suppose Party X would like to enter into a contract with Party Y to build a playground, but Party Y is hesitant because of the potential future liability of such an endeavor. In this case, Party X may chose to indemnify Party Y against any future claims that may arise due to Party Y’s participation in the contract. Party Y is protected and Party X gets the participation of Party Y. 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.)

Among others, this form includes the following key provisions:

• Indemnification: Identifies the action that is being indemnified from any future claims.


• Indemnification Procedures: Sets forth the procedure for the indemnification


• Severability: A severability provision states that if any part of the agreement is unenforceable, the rest of the agreement will remain enforceable to the extent allowed


• Binding Effect: This provision binds anyone involved in the agreement to the terms of the agreement

This attorney-prepared packet contains:

1. Instructions and Checklist for the Indemnity Agreement;


2. Information about the Indemnity Agreement; and


3. The Indemnity Agreement (the “Agreement”)


State Law Compliance: Designed for use in Idaho