The “hold harmless” language just means that you’ve agreed to pay it on her behalf and that, if you don’t and she gets sued or incurs any other manner of financial consequence as a result of your failure to pay, you’re responsible. You can also be found in …
Term Definition Hold Harmless; Hold Harmless Agreement - a phrase used to describe an agreement by which one person agrees to assume full liability for an obligation and protect another from any loss or expense from that obligation. Application in Divorce Same as Indemnification. A hold harmless agreement is contractual
Feb 20, 2008 · A "hold harmless" clause, or an indemnification clause, whether in a document related to a divorce or otherwise, is a common contractual provision which generally says that A will hold B harmless...
Nov 26, 2012 · A hold harmless provision is an arrangment where if a creditor comes after you, or your ex-spouce, for a debt you both owe but only one of you has taken responsibility for in the divorce, the party relieved of the debt in the divorce has a …
The Divorce Encyclopedia Term Definition Hold Harmless; Hold Harmless Agreement - a phrase used to describe an agreement by which one person agrees to assume full liability for an obligation and protect another from any loss or expense from that obligation.
A hold harmless agreement protects business owners from being sued when someone suffers damage, bodily injury, or financial loss on business property or while a service is being provided.
Enforceability of Hold Harmless Agreements The general answer is yes, that these documents signing away your right to sue for negligence are legally enforceable.Jan 16, 2020
An apartment lease may have a hold harmless clause stating that the landlord is not responsible for any damage caused by the tenant. A homeowner hiring a roofer might request a hold harmless clause to protect against a lawsuit if the roofer falls off the roof.
A hold harmless clause is used as a release of liability in a contract that protects one party from injury or property damage caused by another party. By signing the clause, the other party is agreeing not to hold business owners legally responsible for the risks involved in certain services.
The prevailing interpretation is that “hold harmless” and “indemnify” are synonymous. However, under the minority view, “hold harmless” requires payment of both actual losses and potential liabilities, while “indemnify” protects against incurred losses only.Jul 24, 2020
The agreement must include provisions to neglect any claims, damages, losses, expenses, or any other cause of action to the contractor if any problem or dispute arises in the construction project. Hold harmless agreement protections vary depending on the jurisdictions in which they are being executed.Oct 5, 2020
In the United States, a hold harmless agreement is a clause typically included in construction contracts, in order not to hold one party liable for the acts of the other. It can be a unilateral or reciprocal agreement and is commonly provided by a subcontractor to the main contractor.Jan 30, 2021
A save harmless clause, also known as a hold harmless clause, is a clause in a contract where one party promises not to hold the other party responsible if the other party causes some type of harm to the first party when performing the contract.
Hold harmless clauses can be reciprocal or unilateral. If the clause is reciprocal, both parties agree not to hold the other liable for damages, losses or liabilities. With unilateral clauses, one party agrees not to hold the other responsible for damages or injuries incurred.
Often found in oil and gas operations, the mutual hold harmless means that each party agrees to pay for damage to their own property and injury to their own personnel, including any consequential losses.
A hold harmless clause is a legal statement that an individual or enterprise will not be held liable for the risk, danger, injury, or damages to another party. 13 min read. 1.
The distinction between indemnity clauses and hold harmless clauses varies from state to state. Many legal professionals behave as though these terms are similar, but there are subtle differences that lead some professionals to favor one over the other.
Contractors: Contractors may require a hold harmless clause from those purchasing their services. For example, a contractor may agree to perform a service for a home renovation project on the condition that if any piece of his work causes harm later, he will not be held liable financially or legally.
A hold harmless agreement may not always protect from liability. The reality is that some states and nations do not respect such clauses, and even where they are respected, such clauses can generally be argued 45against if they are worded too vaguely. It would be simple to attach a hold harmless clause to anything one does, but the clause can only be enforced if the company or individual gives a fair assessment of the risk involved and all parties are aware and prepared. These concepts should be made explicit with detailed language.
A Solution. It is generally best to include both terms for maximum clarity. You can also add extra wording, just in case, to show what the indemnifying person is protecting.
In general, such an agreement is relative to the state in which it is written, as different areas perceive a hold harmless agreement in different lights. Sometimes, the contract will protect the contractor from major companies or parties not even associated with the agreement.
Either way, a hold harmless clause can prove useful in a number of scenarios and cases. It can be used in many business transactions, even between a doctor and patient. However, since there are many caveats worldwide, you should seek the advice of legal counsel when drafting the agreement.