Does A Hold Harmless Agreement Stand Up In Court

In order to increase the likelihood of execution, any discharge agreement should be adapted to the reasonable risks expected from the event. For example, it has long been known that participants in a baseball game may be hit by a baseball. In fact, this type of risk-taking is directly in the nature of the event, and a provision that protects the host of the baseball game is likely applicable. Alternatively, lightweight language, very broad to include risks that are not related to participation in a baseball game, is less likely to be implemented. Many legal commentators have taken into consideration the importance of «keeping compensated and without damage» and recommended dropping the «harmless» part of this verse. Some commentators have also proposed that the exemption applies only to third-party rights and not to direct rights between parties. Your conclusions have largely reflected each other – make your determination on compensation more clear, to say exactly what you mean. This contribution will provide specific design techniques to achieve this goal, at least in the M&A context. Sometimes courts discuss «known and unknown risks» as well as the risks inherent in an activity. If your company offers high-risk services or allows others to participate in risky activities on your land, a harmless deal may also be a good idea.

In fact, whenever you`re working on a project with another party or if another party is using your equipment, it`s probably in your best interest to strike a compensation agreement. A liability agreement may not always protect against liability….