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Facts about the Hold Harmless Agreement Texas PDF template

In the state of Texas, people have the option to use a hold harmless agreement to avoid potential legal hassles. The agreement is a legally binding contract that releases either one or both involved parties from the ability to make a legal claim while in the state of Texas.

What Is a Hold Harmless Agreement Texas Used For?

This type of agreement is generally struck between two contracted parties. Both of the involved parties must provide a signature on the form. The purpose of the contract is to release at least one party from the risk that legal claims will be filed. In some cases, both parties will be released.

In its most common inception, a hold harmless agreement will be used for one party to contractually agree that they won’t take any legal actions against the other party regarding expenses, losses, or damages that result because of activity between them. A transaction can also count as an activity. The contract will outline the activity or transaction during which legal action cannot be taken by the other party.

Oftentimes, you’ll see hold harmless agreements implemented during construction contracts. The contract clause releases one of the parties from consequences or liabilities that might arise due to actions taken by the other party. When these circumstances arise, usually the subcontractor is the one providing the agreement to the contractor, builder, or other relevant professional to ensure that all of the subcontractor’s work is free from liability claims.

The provisions outlined in the agreement help to minimize the party’s risk of facing a lawsuit. They also permit the parties involved to file an indemnity claim should their subcontractor or subcontractor’s employees be injured while working.

Who Would Use a Hold Harmless Agreement Texas?

As previously mentioned, this type of agreement is a popular contract clause with construction contracts. There are other instances in which this agreement could also be used. For any person who lets another individual onto their property, or hires that individual to provide services, a hold harmless agreement protects both parties from legal liability. The other party won’t be able to sue you if they become injured on your property, and you won’t be able to sue them if you become injured in their work space.

The main goal of the form is to protect individuals, entities, and businesses from legal responsibility when an action occurs due to normal physical risk. Any business must take physical precautions to protect its employees, but this agreement is a form of legal protection as well. It’s important to note that a release of liability form doesn’t cover any injuries that are the direct result of negligence.

When Should a Hold Harmless Agreement Texas PDF Form Be Used?

You’ll want to use this agreement if you meet any of the following circumstances:

  • You are concerned about another individual taking legal action against you because of your actions
  • Another person is using your property or facility, and you want to avoid liability should the person become injured or cause damages
  • An individual or company is providing a service to you, possibly on your property, and you do not want to be legally responsible if, somehow, a third party becomes injured
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What Are the Consequences for Not Using a Hold Harmless Agreement Texas PDF Form?

If you fail to fill out this agreement, you could be legally responsible for any damages and injuries that occur in an area. This is especially risky for contractors, construction workers, and any other job that involves hard physical labor. As the risk of injury is a big part of the job, it’s important to have legal protection against being sued for compensation.

How to Fill Out a Hold Harmless Agreement Texas PDF Form

There are a number of different details you’ll need to gather as you fill out the form. Make sure you know the following:

  • Definition of any relevant terms
  • A failure to defend clause
  • Any indemnification terms
  • A claim notice
  • Any indemnification exceptions along with their authorization code
  • An assumption of defense clause
  • An explanation of liability
  • General provisions included in the contract
  • Any payments transferred between the two parties
  • The liability insurance information for all involved parties
  • The consent and settlement terms that each involved party has put forth
  • Any notes about expenses
  • Any further notices that haven’t been recorded yet
  • The duration that the contract will last for
  • The rights and responsibilities of each of the parties involved
  • The jurisdiction the work is taking place in
  • Any necessary amendments that are proposed after review
  • An agreement to cooperate with each other and the governing law
  • The means by which the agreement will be enforced

You’ll need to be sure that you include the name of the party receiving liability protection, along with their address. If both parties are receiving protection, note both names and addresses. The specific individual who signs the agreement will be referred to as the individual who signs on the protected party’s behalf. You should give the name and address of whatever party or parties are providing the liability protection.hold-harmless-agreement-texas

Quick Questions

You might know it as a release of liability form. You might also know it as a liability waiver.

No. It’s a contractual form drawn up between two parties for whatever particular purposes they have. Each form will vary depending on the circumstances, events, or services being provided.

After you’ve written out all of the relevant information, it is always helpful to have an attorney double check the legality of the form. They’ll be able to close any accidental loopholes with the legal language, as well as point out any potential gray areas you’ve strayed into with your terms. Attorneys help smooth the contract law process so all parties can get on the same page as soon as possible.

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