Recent Answers to Hold Harmless Agreement Law Questions
Is a hold harmless agreement enforceable in situations where the person signing it is not aware of the risks involved?
Sports Bar
Hold Harmless Agreement
Maryland
I recently attended a sports event where I was required to sign a hold harmless agreement before participating. However, I later found out that there were certain risks involved in the activity that were not disclosed to me prior to signing. I am now wondering if the hold harmless agreement is still enforceable in this situation, as I was not fully aware of the potential dangers and consequences.
Sara S.
Hi, It depends on the hold harmless agreement language, subrogation language (if any) what you were aware of and not before signing, as well as why you were unaware of certain risks. The duty to disclose may not have been incumbent on the venue if the sports event carried risks apparent to anyone.
Can a hold harmless agreement protect me from liability if someone is injured on my property?
Business
Hold Harmless Agreement
California
I recently purchased a property with a large backyard that I plan to rent out for events such as weddings and parties. I want to ensure that I am protected from any potential lawsuits or liability if someone were to get injured during an event. I have heard about hold harmless agreements and I am wondering if having guests sign this agreement would effectively protect me from any legal consequences in the event of an injury. I want to make sure I am taking all necessary precautions to protect myself legally.
Dolan W.
Hello! Yes. A hold harmless agreement can be an effective tool to limit your liability if someone is injured on your property during an event. When crafted correctly, these agreements require guests or renters to assume responsibility for any risks associated with the event and release you from liability for injuries or damages. However, the protection offered by a hold harmless agreement is NOT absolute, as courts may view them differently depending on the jurisdiction and circumstances surrounding the injury. For example, if an injury occurs due to gross negligence or intentional misconduct on your part, such as ignoring known hazards or failing to address unsafe conditions, courts are likely to find that a hold harmless agreement does not protect you. For instance, if there is a broken step on your property that you knew about but didn’t fix, and someone is injured, the agreement might not shield you from liability. Having guests sign a hold harmless agreement is a smart step, but it should ideally be part of a broader strategy. Best of luck! Dolan
Hold harmless agreement for international supplier?
Business Contracts
Hold Harmless Agreement
New York
I am buying supplements from a manufacturer outside the USA. I want to make a hold harmless agreement for the manufacturer.
Jane C.
It is possible to make a hold harmless agreement. It gets a little complicated to enforce when the supplier is outside of the United States.