ContractsCounsel Logo

Hold Harmless Settlement Agreement

Clients Rate Lawyers on our Platform 4.9/5 Stars
based on 9,865 reviews
No Upfront Payment Required, Pay Only If You Hire.
Home Types of Contracts Hold Harmless Settlement Agreement

Jump to Section

A hold harmless settlement agreement is a contract where one party releases the other from liability, claims, damages, or losses from an event or transaction. The purpose of a hold harmless agreement is to protect one party from liability or responsibility for any harm or injury that may occur during the agreement.

Under California law, a hold harmless agreement must be in writing and signed by the parties involved to be enforceable. The agreement must clearly state the risks or liabilities being waived and the scope of the hold harmless provision.

Essentials of a Hold Harmless Settlement Agreement

In California, a hold harmless settlement agreement is a legally binding contract that must meet certain requirements to be enforceable. The following are some of the essentials of a hold harmless settlement agreement in California:

  • Clear Language

    The agreement must be written unambiguously, clearly defining the scope of the hold harmless provision and the risks or liabilities being waived.

  • Consideration

    The agreement must be supported by valid consideration, which means both parties must receive some benefit in exchange for agreeing to the hold harmless provision.

  • Signature

    The agreement must be signed by all parties involved in the transaction, including any third parties who may be affected by the agreement.

  • Lawful Purpose

    The agreement must have a lawful purpose and cannot be used to waive liability for intentional misconduct, gross negligence, or violations of the law.

  • Public Policy

    The agreement cannot violate or contradict California law.

  • Understanding

    Each party must clearly understand the terms of the agreement, and the agreement must be entered voluntarily and without coercion.

Overall, a hold harmless settlement agreement can be useful for protecting parties from liability in California. Still, ensuring the agreement is properly drafted and meets all the legal requirements for enforceability is important. It's recommended that parties seek legal advice before entering into such an agreement to ensure that their rights and interests are fully protected.

Examples of a Hold Harmless Settlement Agreement

  • Construction Project

    A construction project typically involves multiple parties, including contractors, subcontractors, and property owners. In this case, a hold harmless agreement may protect each party from liability for injuries or damages that may occur during the project.

    For example, the property owner may agree to hold the contractor harmless from any claims arising from accidents on the job site. In contrast, the contractor may agree to hold the property owner harmless from any claims arising from construction defects.

  • Real Estate Transaction

    In a real estate transaction, a hold harmless agreement may protect the buyer or seller from legal claims that may arise from defects or issues with the property. For example, the seller may agree to hold the buyer harmless from any claims arising from environmental issues or zoning violations. In contrast, the buyer may agree to hold the seller harmless from any claims arising from title defects.

  • Event Liability

    When hosting an event, such as a concert or festival, a hold harmless agreement may be used to protect the event organizer from liability for injuries or damages that may occur during the event. For example, the event organizer may agree to hold the venue owner harmless from any claims arising from accidents on the premises. In contrast, the venue owner may agree to hold the event organizer harmless from any claims arising from property damage.

In all of these examples, a hold harmless settlement agreement protects parties from liability and provides clarity and protection in legal transactions. It's important to consult with a qualified attorney to ensure the agreement is properly drafted and meets all of the legal requirements for enforceability.

Meet some lawyers on our platform

Chris D.

9 projects on CC
View Profile

Benjamin E.

98 projects on CC
View Profile

Danny J.

4 projects on CC
View Profile

Bryan B.

242 projects on CC
View Profile

Key Terms

  • Hold Harmless Clause: This provision in the agreement states that one party agrees to protect and indemnify the other party against any legal claims or damages that may arise from a specific event or situation.
  • Indemnification: It is compensating or reimbursing someone for loss, damage, or injury. In a hold harmless agreement, one party agrees to indemnify the other for any losses or damages arising from the specific event or situation.
  • Waiver of Liability: This provision in the agreement states that one party waives their right to sue or seek damages from the other party for any losses or damages that may arise from the specific event or situation.
  • Mutual Hold Harmless: This is an agreement between two parties in which both parties agree to hold each other harmless from any legal claims or damages that may arise from a specific event or situation.
  • Third-Party Beneficiary: This is a person or entity that is not a party to the agreement but may benefit from it. In this hold harmless agreement, a third-party beneficiary, such as an insurer or subcontractor, may be protected from legal claims or damages as a result of the agreement.

Conclusion

If you want free pricing proposals from vetted lawyers that are 60% less than typical law firms, you can click here to get started. By comparing multiple proposals for free, you can save the time and stress of finding a quality lawyer for your business needs.

How ContractsCounsel Works
Hiring a lawyer on ContractsCounsel is easy, transparent and affordable.
1. Post a Free Project
Complete our 4-step process to provide info on what you need done.
2. Get Bids to Review
Receive flat-fee bids from lawyers in our marketplace to compare.
3. Start Your Project
Securely pay to start working with the lawyer you select.

Meet some of our Hold Harmless Settlement Agreement Lawyers

Kelynn P. on ContractsCounsel
View Kelynn
5.0 (1)
Member Since:
August 29, 2023

Kelynn P.

Attorney
Free Consultation
Washington, DC
6 Yrs Experience
Licensed in OH
Cleveland State School of Law

Kelynn was born and raised in Cleveland, Ohio. She attended Spelman College in Atlanta, Georgia where she earned a Bachelor of Arts in Philosophy, and thereafter returned to Cleveland for law school . She earned her Juris Doctor at Cleveland State University - Cleveland Marshall College of Law. She primarily practices insurance defense and civil litigation. She has also practiced in a variety of other areas including family law, contract disputes, contract review, complex civil litigation, medical malpractice, products liability, and mass tort.

Laura B. on ContractsCounsel
View Laura
4.0 (4)
Member Since:
October 6, 2023

Laura B.

Attorney
Free Consultation
Oakland, CA
3 Yrs Experience
Licensed in CA
UC Davis School of Law

I received my undergraduate degree from Columbia University and my JD from UC Davis School of Law. I specialize in drafting, reviewing, and litigating contracts, general civil litigation, restraining orders, and family law. I have helped entrepreneurs form their business entities and grow their small businesses. This area of my practice has focused heavily on YouTubers, podcasters, and individuals creating unique online platforms. In the family law context, I have helped my clients petition for and obtain custody of their children and modify existing custody arrangements.

Austin R. on ContractsCounsel
View Austin
Member Since:
August 22, 2023

Austin R.

Attorney
Free Consultation
Texas
2 Yrs Experience
Licensed in TX
St Mary's University School of Law

Howdy', I've done employment contracts, software development contracts, and everything else including automotive financing deals and even booth agreements for hair and beauty salons.

Ryan C. on ContractsCounsel
View Ryan
Member Since:
August 26, 2023

Ryan C.

Founder & Managing Attorney
Free Consultation
Denver, Colorado
17 Yrs Experience
Licensed in CO
University of California, Davis

Ryan Clement, the Principal Attorney at Business and Technology Legal Group (www.businessandtechlawyers.com), has been a Colorado licensed attorney for almost 20 years and has extensive experience in all matters related to corporate law, software and technology law, intellectual property, data privacy and security, business startups/formation, commercial transactional matters, general business counsel, compliance, and litigation. Ryan graduated with high honors from the University of California, Santa Barbara before attending the University of California, Davis School of Law and graduating in 2004. Post-law school, he completed an esteemed two-year judicial clerkship at the Second Judicial District Court of Nevada. In 2007, Ryan Clement became a licensed attorney in private practice, working at several prestigious law firms before forming and operating his own successful law firm in 2012 at the age of only 31. This keen business acumen and entrepreneurial drive was the impetus behind Ryan’s desire to practice business and technology law, ultimately forming the foundation of Business and Technology Legal Group. In addition to his top-tier legal credentials, Ryan also holds a Master of Business Administration (MBA) degree from the University of Colorado, Denver, and has over a decade of experience working in the software industry at Fortune 500 and publicly traded companies. This vast experience in the technology and software sector, combined with his many years as an attorney provides the intersection of legal, technical, and business skill sets that sets Ryan apart from the crowd of business and technology attorneys in the market.

Veronica B. on ContractsCounsel
View Veronica
Member Since:
August 27, 2023

Veronica B.

Attorney
Free Consultation
Haddonfield, NJ
36 Yrs Experience
Licensed in NJ, PA
Widener University School of Law

I am fully licensed attorney in New Jersey & Pennsylvania. Practicing law for 29+ yrs, I've tried over civil 120 jury trials; as Plaintiff & Defendant. My success rate is 85%. People need a practical, common sense approach to solving legal issues. I have assisted in establishing 226 businesses in over 22 countries, my experience runs gamut of reviewing commercial contracts for completeness & legal protection for the parties. I have procured & drafted contracts & agreements for municipalities, charitable organizations, start ups & more. I manage 3 LLC's in Florida. Wills & Estates is another practice area. The best way to get to know me & my legal services is to reach out & start a conversation.

Steven G. on ContractsCounsel
View Steven
Member Since:
August 29, 2023

Steven G.

Attorney
Free Consultation
Cleveland, Ohio
15 Yrs Experience
Licensed in OH
Case Western Reserve University

I am an experienced transactional and trial attorney that litigates throughout Ohio. I have successfully tried numerous jury trials for clients from business disputes to those charged with offenses ranging from domestic violence to aggravated murder. My cases have been featured in the media, both television and print.

Eddy M. on ContractsCounsel
View Eddy
Member Since:
August 30, 2023

Eddy M.

Business Lawyer
Free Consultation
San Diego and Taipei
30 Yrs Experience
Licensed in CA
University of Michigan Law School

I'm a seasoned corporate lawyer with industry expertise in online games, media & entertainment and general commercial matters, gained from servicing clients from seed-stage startups to multi-nationals. I started my career at a Wall Street law firm before taking on in-house roles with games and media companies. I also have considerable management experience, building and managing teams and businesses. Through my experience across different industries and roles, I have worked on and am an expert on multi-million dollar transactions for large companies (M&A, joint ventures) as well as routine day-to-day matters for small businesses (NDAs, vendor services agreements, commercial leases, employment contracts). But no matter the size of the company or project, the constants that I bring to every client are: providing outstanding client service, finding practical solutions, and abiding by the highest standards of ethics and integrity.

Find the best lawyer for your project

Browse Lawyers Now

How It Works

Post Your Project

Get Free Bids to Compare

Hire Your Lawyer

Business lawyers by top cities
See All Business Lawyers
Hold Harmless Settlement Agreement lawyers by city
See All Hold Harmless Settlement Agreement Lawyers
related contracts
See More Contracts
other helpful articles

Quick, user friendly and one of the better ways I've come across to get ahold of lawyers willing to take new clients.

View Trustpilot Review

Contracts Counsel was incredibly helpful and easy to use. I submitted a project for a lawyer's help within a day I had received over 6 proposals from qualified lawyers. I submitted a bid that works best for my business and we went forward with the project.

View Trustpilot Review

I never knew how difficult it was to obtain representation or a lawyer, and ContractsCounsel was EXACTLY the type of service I was hoping for when I was in a pinch. Working with their service was efficient, effective and made me feel in control. Thank you so much and should I ever need attorney services down the road, I'll certainly be a repeat customer.

View Trustpilot Review

I got 5 bids within 24h of posting my project. I choose the person who provided the most detailed and relevant intro letter, highlighting their experience relevant to my project. I am very satisfied with the outcome and quality of the two agreements that were produced, they actually far exceed my expectations.

View Trustpilot Review

How It Works

Post Your Project

Get Free Bids to Compare

Hire Your Lawyer

Want to speak to someone?

Get in touch below and we will schedule a time to connect!

Request a call

Find lawyers and attorneys by city