Indemnification Agreement Template

What Is the Purpose of an Indemnity Agreement?

An Indemnity Agreement allows the injured party (indemnitee) to claim compensation or reimbursement for the losses they suffered from the party that is liable to make up for these damages (the indemnifier). Once you agree to indemnify someone in writing, you confirm that you are ready to take responsibility for the losses and injuries listed in the agreement. This contract only extends to the person or entity that signed the agreement, their representatives who act on their behalf, and people under their control - subordinates and employees.

Sometimes, this document is confused with a similar form - a Hold Harmless Agreement. These names and concepts are often used interchangeably, and the contract is even called a "Hold Harmless and Indemnity Agreement". However, the former document has a broader coverage - it also protects the non-breaching party from liabilities. It is recommended to draft both documents to cover all possible incidents.

How to Make an indemnity Agreement?

Follow these steps to draft an Indemnification Agreement Form:

1. Identify the parties to the agreement by their names (business names) and addresses. Add contact information of the parties.
2. Indicate the purpose of the document and determine the scope of indemnity. Negotiate a compromise with the other party and find a middle ground that will satisfy both of you.
3. List instances that will trigger the indemnity. If the scope you have defined only provides for particular instances in which the other party will have to indemnify you, state all of them.
4. Mention liability insurance - experienced companies from various industries choose to buy liability insurance to cover negligent actions, omissions, and errors.
5. Negotiate the limit of damages. You can include the maximum amount of damages for which the indemnifying party will bear responsibility.
6. State the amount of consideration (usually, it is a sum of money) that secures your contract.
7. Disclose all the risk for which the indemnifying party may become liable - this ensures both parties they are equally informed about the agreement they are signing.
8. Include exclusions to the contract. Typically, if the damage was caused by the indemnitee's fault or negligence, there will be no indemnification.
9. Sign the document. In some cases, only the party that indemnifies the other can sign the agreement, however, it is recommended to obtain two signatures so that everybody is on the same page. You can appear in front of a notary public to add an extra level of protection to your contract.

Looking for something else? Check out these related files:

• Release of Liability Form;
• Independent Contractor Agreement;
• Subcontractor Agreement.