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Contractor Indemnity Agreement for New Zealand

Contractor Indemnity Agreement Template for New Zealand

A comprehensive legal document governed by New Zealand law that establishes the indemnification obligations between a principal organization and a contractor. The agreement outlines specific circumstances under which the contractor agrees to protect, defend, and compensate the principal organization against various claims, losses, or damages arising from the contractor's work or services. It incorporates key provisions compliant with New Zealand legislation, including the Contract and Commercial Law Act 2017 and the Health and Safety at Work Act 2015, while establishing clear procedures for claims handling and dispute resolution.

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Contractor Indemnity Agreement

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What is a Contractor Indemnity Agreement?

The Contractor Indemnity Agreement serves as a critical risk management tool in business relationships where organizations engage independent contractors or service providers. This document is essential in the New Zealand business environment where companies need to clearly define liability allocation and risk transfer mechanisms. It becomes particularly important when contractors perform high-risk activities, handle sensitive information, or work on critical projects. The agreement must comply with New Zealand legal requirements, including the Contract and Commercial Law Act 2017, Fair Trading Act 1986, and Health and Safety at Work Act 2015. It typically includes detailed provisions about the scope of indemnity, claim procedures, insurance requirements, and duration of obligations, providing both parties with clarity and legal certainty in their business relationship.

What sections should be included in a Contractor Indemnity Agreement?

1. Parties: Identifies and provides full legal details of all parties to the agreement, including the indemnifier and the indemnitee

2. Background: Outlines the context of the contractor relationship and the purpose of the indemnity agreement

3. Definitions: Defines key terms used throughout the agreement, including 'Indemnified Parties', 'Claims', 'Losses', and specific terms relevant to the contractor's work

4. Scope of Indemnity: Clearly defines what is covered by the indemnity, including specific risks, losses, and circumstances

5. Indemnification Obligations: Details the specific obligations of the contractor to indemnify, defend, and hold harmless the other party

6. Exclusions and Limitations: Specifies what is not covered by the indemnity and any caps or limitations on the indemnity obligation

7. Notice and Claims Procedure: Outlines the process for notifying and handling indemnification claims

8. Duration: Specifies how long the indemnity obligations remain in effect

9. Insurance Requirements: Details the insurance coverage the contractor must maintain to support the indemnity obligations

10. General Provisions: Standard contract clauses including governing law, jurisdiction, and interpretation

What sections are optional to include in a Contractor Indemnity Agreement?

1. Mutual Indemnification: Include when both parties are providing reciprocal indemnities to each other

2. Intellectual Property Indemnity: Include when the contractor's work involves creation or use of intellectual property

3. Environmental Indemnity: Include when the contractor's work could impact environmental matters

4. Data Protection and Privacy: Include when the contractor has access to personal or sensitive data

5. Subcontractor Provisions: Include when the contractor may engage subcontractors

6. Force Majeure: Include when certain events beyond parties' control should affect indemnity obligations

7. Alternative Dispute Resolution: Include when parties want to specify mediation or arbitration for indemnity disputes

What schedules should be included in a Contractor Indemnity Agreement?

1. Schedule 1: Scope of Services: Detailed description of the contractor's services and responsibilities

2. Schedule 2: Insurance Requirements: Specific details of required insurance policies, coverage limits, and terms

3. Schedule 3: Claim Procedures: Detailed procedures for making and responding to indemnification claims

4. Schedule 4: Excluded Claims: Specific list of claims or circumstances excluded from the indemnity

5. Appendix A: Key Personnel: List of key personnel covered by or authorized under the indemnity agreement

6. Appendix B: Form of Notice: Template for formal notices required under the agreement

Authors

Alex Denne

Head of Growth (Open Source Law) @ tiktok成人版 | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Jurisdiction

New Zealand

Cost

Free to use
Relevant legal definitions







































Clauses






























Relevant Industries

Construction

Information Technology

Professional Services

Manufacturing

Engineering

Healthcare

Mining

Energy

Transportation

Telecommunications

Consulting

Real Estate Development

Environmental Services

Financial Services

Relevant Teams

Legal

Procurement

Risk Management

Operations

Finance

Compliance

Human Resources

Commercial

Project Management

Contract Administration

Relevant Roles

Legal Counsel

Contract Manager

Procurement Manager

Risk Manager

Project Manager

Operations Director

Chief Financial Officer

Compliance Officer

Human Resources Director

Commercial Manager

General Manager

Chief Operating Officer

Business Development Manager

Contractor Relations Manager

Industries








Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks, 聽Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination, 聽Severance Pay, Governing Law, Entire Agreemen

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