Can I write my own hold harmless agreement?

Asked by: Sebastian Gaylord  |  Last update: September 17, 2025
Score: 4.8/5 (44 votes)

Individuals can create HHAs as well. You might want to create one if you are a homeowner who will have contractors or other types of non-familiar guests in your home. Otherwise, as the property owner, you could be held liable for injuries that occur at your home.

Does a hold harmless agreement need to be notarized?

Hold Harmless Agreement Signing Requirements

Both the indemnitee and indemnifier must sign the Hold Harmless Agreement in the presence of a witness to make it legally binding. Notarization is usually not necessary.

How do you write a hold harmless statement?

I further hereby AGREE TO INDEMNIFY AND HOLD HARMLESS THE RELEASEES from any loss, liability, damage or cost, including court costs and attorney's fees, that they may incur due to my participation in said activity, WHETHER CAUSED BY NEGLIGENCE OF RELEASEES or otherwise.

What is a hold harmless agreement for a homeowner?

In California, hold harmless agreements are enforceable if they use express contractual language that shifts the risks of certain specified circumstances. Doing so creates an express contractual obligation to indemnify.

Is a hold harmless agreement legally binding?

In most cases, a hold harmless agreement is binding and legally enforceable. Business owners should include specific language in their contract, stipulating a release of liability from lawsuits that occur as a result of negligence.

What Is A Hold Harmless?

17 related questions found

What are the three types of hold harmless agreements?

The most commonly used types of hold harmless agreement clauses are the “broad,” “intermediate,” and “limited” form hold harmless clauses. Limited Form Hold Harmless Agreement—Where Party A holds Party B harmless for suits arising out of Party A's sole negligence.

What is the hold harmless rule?

The Medicare hold harmless provision limits the annual rise in Medicare Part B premiums deducted from Social Security benefits. Due to this provision, premium increases are limited to no more than the cost of living increase provided to the beneficiary in a given year.

What is the legal wording for not accepting responsibility?

The no-responsibility disclaimer is also known as a “disclaimer of liability” — or “no-liability disclaimer” — because it refers to a lack of legal obligation on the part of you or your business. These terms are used interchangeably, and posted disclaimers are sometimes labeled differently within the document.

Who signs a hold harmless agreement?

Hold Harmless Agreement:

An agreement whereby the first party (the indemnitor) agrees to hold a second party (the indemnitee) harmless from tort liability arising out of the indemnitor's negligent act or omission.

What is the difference between a waiver and a hold harmless agreement?

A hold harmless agreement differs in that it shifts liability. While a waiver of subrogation is protection from liability, it doesn't shift the liability as a hold harmless agreement does.

Can I make my own hold harmless agreement?

Never create any type of hold harmless agreement for your business without consulting an attorney. When you are required to sign one in the context of business relationships, have your lawyer or insurance agent read it over before you add your signature. Not all HHAs will hold up in court.

What is a hold harmless agreement for handyman?

The indemnity clause or hold harmless agreement in the construction industry is signed by subcontractors and handed over to the independent contractor or the property owner to protect its work. Such agreements limit the risks of third-party heading to the court.

What is another word for hold harmless?

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.

What is the wording for the hold harmless agreement?

The Seller shall protect, defend, indemnify and hold the Purchaser and the Issuer and their respective assigns and their attorneys, accountants, employees, officers and directors harmless from and against all losses, costs, liabilities, claims, damages and expenses of every kind and character, as incurred, resulting ...

Do all agreements need to be notarized?

Generally, contracts don't need to be notarized, as the signed contract itself is legally binding. However, if a potential legal dispute arises between the parties, having the contract notarized can be very beneficial. Having a notary will provide proof of the parties entering into the contract.

What is a hold harmless agreement for real estate showing?

HOLD HARMLESS AGREEMENT: CLIENT agrees to hold any and all real estate agents involved in the purchase of the property to be inspected harmless and keep them exonerated from all loss, damage, liability or expense occasioned or claimed by reasons of acts or neglects of the INSPECTOR or his employees or visitors or of ...

Why would you need a hold harmless agreement?

A hold harmless clause is commonly added to contracts. The idea is to protect the company and transfer some of the company's liability to you in return for the business they are sending to you. The clause requires that you protect the company with whom you are contracting if they are sued.

How to write an indemnity agreement?

How to Write an Indemnity Agreement
  1. Consider the Indemnity Laws in Your Area. ...
  2. Draft the Indemnification Clause. ...
  3. Outline the Indemnification Period and Scope of Coverage. ...
  4. State the Indemnification Exceptions. ...
  5. Specify How the Indemnitee Notifies the Indemnitor About Claims. ...
  6. Write the Settlement and Consent Clause.

What is the difference between indemnify and hold harmless?

Where “indemnity” is an offensive right to seek indemnification, “hold harmless” is a defensive right not to be bothered by the other party seeking indemnification. This difference is best illustrated in Queen Villas Homeowners Ass'n v.

Can you write your own disclaimer?

Luckily, you can learn how to write a legal disclaimer for your business on your own. A legal disclaimer is a statement intended to protect the services, information, and property (both physical and intellectual) of your business or organization.

How do you write a letter of no responsibility?

Use easy-to-understand words, not use any complex legal terms. Clearly state which part of your business the disclaimer applies, like products, services, or information. Mention what you are not responsible for, such as damages, mistakes, or missing information.

What is it called when you don t take responsibility for your own actions?

irresponsible. Add to list Share. /ˌˈɪ(r)rəˌspɑnsəbəl/ /ɪrəˈspɒnsɪbəl/ If you're irresponsible, you're careless about the consequences of your actions.

Who is protected in a hold harmless agreement?

A hold harmless clause is used to protect the service provider in a contract from being held liable for damages or losses sustained by the party using those services.

What is a hold harmless clause an example of?

For example, leases may include a hold harmless clause in which the tenant agrees not to sue the landlord if they are injured due to the landlord's failure to maintain the premises. These clauses are illegal in most residential tenancies , but may be upheld in commercial settings.

What is the hold harmless improvement measure?

The hold harmless provision for individual measures proposal states that if a contract demonstrated statistically significant decline (at the 0.05 significance level) on an attainment measure for which they received 5 Stars during both the current contract year and the prior contract year, then this measure will be ...