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Indemnification And Hold Harmless Affidavit Template for United States

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Key Requirements PROMPT example:

Indemnification And Hold Harmless Affidavit

"I need an Indemnification and Hold Harmless Affidavit for my construction company to protect us from liability when allowing subcontractors to use our heavy machinery on the new hospital project starting January 2025, with specific focus on equipment-related accidents and damages."

Document background
The Indemnification and Hold Harmless Affidavit is commonly used in situations where one party needs to formally declare responsibility for potential risks while protecting another party from liability. This document is particularly relevant in business transactions, property transfers, or professional services where risk allocation is crucial. It must be properly executed according to U.S. state and federal requirements, including notarization. The affidavit typically includes specific details about the scope of indemnification, the parties involved, and any limitations or exclusions to the indemnification provisions.
Suggested Sections

1. Identification of Parties: Full legal names and addresses of the indemnifying and indemnified parties

2. Background: Context and circumstances necessitating the affidavit

3. Definitions: Key terms used in the affidavit

4. Indemnification Scope: Specific details of what is being indemnified against

5. Hold Harmless Provisions: Specific provisions regarding holding the party harmless

6. Attestation: Sworn statement of truth and accuracy

7. Notarization Block: Space for notary verification

Optional Sections

1. Insurance Requirements: Details of required insurance coverage when specific insurance requirements are part of the indemnification

2. Duration: Time period for which indemnification applies when the indemnification is time-limited

3. Exclusions: Specific exclusions from indemnification when certain risks or circumstances are explicitly excluded

Suggested Schedules

1. Schedule A - Specific Assets: List of specific assets covered by indemnification

2. Schedule B - Excluded Claims: Detailed list of claims explicitly excluded from indemnification

3. Schedule C - Insurance Certificates: Copies of relevant insurance certificates

Authors

Alex Denne

Head of Growth (Open Source Law) @ tiktok³ÉÈ˰æ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

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Industries

Contract Law: Includes state-specific contract laws, Uniform Commercial Code (if applicable), Statute of Frauds requirements, and general contract enforceability principles

Tort Law: Encompasses state-specific tort laws regarding indemnification, comparative and contributory negligence rules, and assumption of risk doctrine

State-Specific Indemnification Laws: Covers anti-indemnification statutes, limitations on scope of indemnification, requirements for express negligence, and public policy restrictions

Liability Laws: Addresses limitations on liability, restrictions on waiver of rights, and exceptions for gross negligence and willful misconduct

Statute of Limitations: Includes time limits for bringing claims, notice requirements, and survival periods for various types of claims

Industry-Specific Regulations: Covers special requirements for certain industries, professional liability considerations, and regulatory compliance requirements

State-Specific Affidavit Requirements: Details notarization requirements, witness requirements, and filing requirements specific to the state jurisdiction

Federal Laws: Encompasses federal regulations affecting indemnification, interstate commerce considerations, and federal preemption issues

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,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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