However, the phrase “indemnify and hold harmless” is a situation where the use of both provides additional protection. Your lawyer or lawyer can advise you on the right language. You should always have a lawyer or soliciter to review your disclaimer before giving it to your employees for use. There are two different types of “harmless” clauses – reciprocal and unilateral. In most waiver situations, you would use a one-sided clause where one party agrees not to hold the other party liable. In some contractual situations, a reciprocity clause is used, but it is not as relevant for waivers of liability. It can be confusing when you are trying to determine whether you want to use the phrase “indemnify” or “indemnify and hold harmless” in your disclaimer. Many lawyers joke that most of the time, double-barreled phrases like “identify and indemnify” or “terms and conditions” actually only say the same thing twice. We don`t always read or understand the waivers we sign, but business owners need to refresh themselves. Making sure your waiver is fully enforceable can make a big difference in the event of a lawsuit! Waivers, authorizations, and indemnification clauses are used to reduce exposures and claims against Dartmouth College. You should always have a lawyer or lawyer to review your disclaimer to make sure it is enforceable. However, it is important to understand the details of your company`s waivers.
Legal language is complex, but it helps to have a basic understanding of what your clients or clients are signing. As a general rule, the phrase “keep unharmed” appears in a indemnification clause or as a separate clause to indicate that the person signing the waiver agrees not to make the company or organization liable for the damages. In case of violation or deterioration of their property, the signatory would keep the company unharmed. Note, however, that using a waiver of liability with a indemnification clause does not replace commercial liability insurance. Customers who sign a indemnification clause can continue to sue you. These waiver clauses and statements do not protect your business from gross negligence or intentional acts. A waiver is the voluntary waiver of a known right and is executed prior to an activity. Exceptions are required for participants in volunteer activities that include physical activity or sports, exposure to the elements, laboratory exposure, etc. Waivers must be signed by participants and returned to the sponsors of an activity. The general exemptions used by Dartmouth are as follows (depending on your browser, you may need to download to get the PDF to fill out): Versions are not enforceable in all states.
For example, in some States, it has been found that waivers of responsibility are contrary to public policy. In other states, the applicability of a release for the jury is a question of fact.