Hold Harmless / Indemnity Agreement — Step 1 of 10 — Online Contracts UK
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🛡️ Hold Harmless / Indemnity Agreement
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Indemnified Party
ℹ️ Hold Harmless Agreements — Legal background

A hold harmless agreement (also called an indemnity agreement) goes further than a waiver — the indemnifying party actively agrees to defend and compensate the other party if claims arise. This is common in contractor relationships, property access licences, and business partnerships.

  • Cannot exclude liability for death or personal injury due to own negligence (UCTA 1977)
  • Consumer contexts: Unfair Contract Terms Act 1977 and Consumer Rights Act 2015 restrict these
  • Mutual vs one-way: define who is indemnifying whom
  • Insurance: the indemnifying party should have adequate insurance to back the indemnity
  • Specify which losses are covered — unlimited indemnities are risky

Legal reference: Unfair Contract Terms Act 1977; Consumer Rights Act 2015; Contracts (Rights of Third Parties) Act 1999

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