How do I draft an indemnity agreement?

Asked by: Ms. Albertha Metz II  |  Last update: June 6, 2025
Score: 4.9/5 (67 votes)

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 an example of indemnity?

One practical example is an agent-principal business relationship. When the principal refuses to accept the goods that the agent supplies him, the agent can sell them to others; however, if the agent sustains a loss while selling, the principal is obligated to pay for it.

What is the standard indemnity wording?

Company agrees to protect, defend, [hold harmless,] and indemnify (collectively “Indemnify” and “Indemnification”) [ABC], its subsidiaries, and its and their respective successors, assigns, directors, officers, employees, agents, [stockholders (in the case of a privately held company),] and affiliates (collectively, “ ...

Does an indemnity agreement need to be notarized?

The Indemnity Agreement must be signed in front of a notary to finalize the adoption.

What is an indemnity form template?

An indemnity form is a crucial tool for managing risk and protecting against potential liabilities. By clearly defining the scope of coverage, legal liability, and period of indemnity, these forms help ensure that businesses and individuals are safeguarded from unforeseen losses or damages.

HOW TO DRAFT INDEMNITY CLAUSES?

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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 a letter of indemnity sample?

dated ................... which has been lost, destroyed or mislaid, I hereby undertake and engage for myself, my Executors, Administrators and Assigns, to hold the said Company, and the Directors and Officers thereof, harmless and indemnified against all suits, actions, proceedings, changes, damages, demands, costs, ...

Who can write a letter of indemnity?

It is typically written by a third party, such as an insurance company or a bank, and clearly defines the terms and obligations that both parties must meet. Should either party not meet its commitments, they will be required to financially compensate the damaged party.

How to prepare an indemnity?

A well-structured indemnity agreement should include the following:
  1. Identification of parties. ...
  2. Scope of indemnification. ...
  3. Duration. ...
  4. Legal obligations. ...
  5. Exclusions: Clearly state what is not covered by the agreement.
  6. Consequences of breach. ...
  7. Jurisdiction.

How to write a hold harmless agreement?

What should be included in your hold harmless agreement.
  1. Name and address of the person signing.
  2. Name and address of the person or business being held harmless.
  3. Date of the creation of the agreement.
  4. Date that the agreement is effective.
  5. The location and a description of the protected events.

What is a good indemnity clause?

For a mutual indemnity clause, the contract could state that “each party agrees to indemnify, defend, and hold harmless each other for and from any loss or liability arising from the party's breach of the contract.” Here the breach of contract is the indemnification event.

What is indemnity format?

(At present not less than Rs.80/- stamp paper) This deed of Indemnity executed by …….………………………… hereinafter referred to as 'Indemnifier' which expression shall, unless repugnant to the context or meaning thereof, include its successors, administrators, representative and assignees in favour of M/s.

What is an example of an indemnity clause in an agreement?

Each party shall indemnify, defend, and hold harmless the other party, its affiliates, and their respective officers, directors, employees, and agents from and against any and all claims, damages, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or related to any breach of this ...

How to write an indemnity bond?

I/We hereby give an Undertaking cum Indemnity Bond as hereinafter appearing. I/We hereby agree and undertake that my/our Firm is not under any penal action such as Demotion, Suspension, Blacklisting, De-registration etc. by any Government, Semi Government and Government Undertakings etc.

What are the rules of indemnity?

( ACT NO. IX OF 1872 ) 124. A contract by which one party promises to save the other from loss caused to him by the conduct of the promisor himself, or by the conduct of any other person, is called a "contract of indemnity".

What are three common types of indemnity plans?

The three most common types of fixed indemnity health insurance are accident fixed indemnity, critical illness coverage and hospital indemnity plans.

What is an example of an indemnity contract?

For example, A promises to deliver certain goods to B for Rs. 2,000 every month. C comes in and promises to indemnify B's losses if A fails to so deliver the goods. This is how B and C will enter into contractual obligations of indemnity.

What are the requirements for an indemnity agreement?

How Do You Create an Indemnification Agreement?
  • Named Parties and Contractual Relationship. ...
  • Governing Law and Jurisdiction. ...
  • Indemnification Clause. ...
  • Scope of Coverage. ...
  • Exceptions. ...
  • Notice and Defense of a Claim. ...
  • Settlement and Consent Clause. ...
  • Enforcement.

What is an indemnity agreement form?

An indemnity agreement is a contract that protects one party of a transaction from the risks or liabilities created by the other party of the transaction. Hold harmless agreement, no-fault agreement, release of liability, or waiver of liability are other terms for an indemnity agreement.‌

What is an example of a letter of indemnity?

This Letter of Indemnity is issued on [Date] by [Issuer's Name], hereinafter referred to as “Indemnifier” to [Recipient's Name]. The Indemnifier agrees to indemnify and hold harmless [Recipient's Name] against any and all claims, losses, and expenses arising from [specific action/situation].

Who pays for indemnity?

Although either party can foot the bill, it is usually the seller who is expected to cover the cost. The reason for this is simple: they wish to sell their property and without the necessary protection in place, the buyer is well within their rights to pull out of the purchase altogether.

Where do I get a letter of indemnity?

If you gave us your mortgage provider details when you were setting up your policy, a letter of indemnity would be included in the policy pack sent to you. Remember, if you gave us an email address your documents may have been sent to you by email.

What is a standard indemnity form?

An indemnity form also limits the person's contractual and delictual liability. This means that a person indemnifies another person from liability by giving up his/her right to sue that person when s/he suffers damages, loses something or gets injured.

What are the risks of a letter of indemnity?

Using letters of indemnity may give rise to risks which are uninsured and / or uninsurable, and to obligations which may be unenforceable or which may not be worth the paper they are written on.

What is the short form indemnification agreement?

In the indemnification agreement, the corporation agrees to reimburse the director or officer for losses incurred in legal proceedings related to their service as a corporate director or officer to the maximum extent permitted by law.