Recent Answers to Indemnification Law Questions
Is it legally binding for a service provider to include a clause in their Service Legal Agreement that limits their liability for any damages caused by their services?
Indemnification
Contract of Service
California
I am currently in the process of hiring a service provider to handle some critical tasks for my business, and I have obtained their Service Legal Agreement. Upon reviewing the agreement, I noticed that there is a clause which limits the liability of the service provider for any damages that may occur as a result of their services. I understand that no one can guarantee absolute protection against all possible risks, but I am concerned about the potential consequences if their services were to cause significant damage. Is it legally binding for the service provider to include such a clause, and would I have any recourse in the event of significant damages?
Dolan W.
Hello! I'm sorry you're dealing with this. These indemnification clauses are normal. However, they aren't bulletproof. If the person is grossly negligent, you can argue that the limitation should be limited in that case. Moreover, if someone is injured, it is likely they will sue the provider, and not you! Happy trails!
Indemnity clause in business partnership agreement?
Indemnification
Business Partnership Agreement
North Carolina
I am in the process of forming a business partnership with a colleague, and we are currently in the process of drafting a contract. We both have agreed on most of the terms, but I am unsure about the indemnity clause. I am not sure what should be included in this clause and I want to ensure that both parties are protected in the event of a dispute.
N'kia N.
Indemnity clauses (also known as "indemnification clauses") are rather common in business contracts, including formal Partnership Agreements. The general purpose of an indemnity clause is to protect the indemnified party against a claim, including a lawsuit, by a third party or another party. While the clause might not be extremely detailed, the terms and conditions of an indemnity clause should clearly and accurately reflect the parties' understanding and intent. Someone who has questions or concerns about an indemnity clause, including in a Partnership Agreement, should consider consulting with a knowledgeable attorney before signing.
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