The term save harmless, also known as hold harmless, refers to an agreement in which one party agrees to protect another party from any harm or financial loss. This includes covering any debts, lawsuits, or claims that may arise from a contract or the performance of that contract. Essentially, it is a commitment to indemnify the other party against specific risks or liabilities.
Save harmless clauses are commonly used in various legal contexts, including:
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Here are a couple of examples of abatement:
Example 1: A contractor agrees to save harmless a property owner from any injuries that occur on the job site. This means if someone gets hurt, the contractor will cover any legal costs or settlements.
Example 2: A tenant signs a lease that includes a save harmless clause, stating they will protect the landlord from any claims arising from their actions on the property. (hypothetical example)
Examples of state differences (not exhaustive):
| State | Variation |
|---|---|
| California | Save harmless clauses are often scrutinized in liability waivers. |
| Texas | Enforcement may vary based on the specific wording and context. |
| New York | Courts may limit the scope of indemnity in certain situations. |
This is not a complete list. State laws vary and users should consult local rules for specific guidance.
| Term | Definition | Key Difference |
|---|---|---|
| Indemnity | Compensation for harm or loss. | Indemnity may not always involve a contractual agreement. |
| Hold Harmless | Similar to save harmless; often used interchangeably. | Hold harmless may have broader applications beyond contracts. |
If you encounter a save harmless clause in a contract:
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| Attribute | Details |
|---|---|
| Typical Use | Contracts, leases, insurance agreements |
| Enforceability | Varies by state and specific wording |
| Common Risks Covered | Injuries, property damage, legal claims |
It means to indemnify or protect another party from harm or financial loss.