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Hold Harmless Agreements

Discussion in 'Lawn Mowing' started by Green Star, Jan 14, 2002.

  1. Green Star

    Green Star LawnSite Member
    Messages: 3

    I picked up bid specifications from a small city today for lawn maintenance and snow/ice removal. The bid requires a
    "Hold Harmless Agreement", even though I question the validity of these in court, does anybody have a sample of this statement?

  2. MONTE

    MONTE LawnSite Senior Member
    Messages: 793

    I have never heard of it! I am bidding on some parks and schools and have not heard any mention of it.
  3. It's like an affidavid stating that you are liable for all and any damages.

    I used them before I had workmens comp ins.
  4. fshrdan

    fshrdan LawnSite Member
    Messages: 142

    aka Indemnification Clause
    this means that you as the contractor won't hold the client responsible for any damages. for instance, if one of your crew members takes a spill on an icy sidewalk and breaks a wrist, you're not going to turn around and sue the client. Most commercial clients like to have these in place. They can be short and simple or longwinded, depending on the ego of the lawyer who wrote it...
  5. fshrdan

    fshrdan LawnSite Member
    Messages: 142

    Here's a sample of one on a contract for a Condo Association:

    Contractor shall indemnify and hold harmless the Association, its Board of Directors and unit owners from any and all injuries, damages, cause of omissions, or negligence on the part of the Contractor, its agents, subcontractors, employees, or others acting on behalf of Contractor, in performance of its obligations under this Agreement.

    Hope this helps.
  6. JimLewis

    JimLewis LawnSite Fanatic
    Messages: 6,872

    Yah....what fshrdanqwertyui said....

    No, really. That's correct though.

    Only thing I'd add is that these really just prevent frivelous lawsuits. You basically agree not to hold them harmless for any spills, trips, etc. you make on their property. But if they, for instance, left a bunch of nails in the lawns and you ran over them with your mower and got injured, no judge in the land is gonna throw your case out just because of this agreement. So you're pretty safe signing it. It just means you won't sue them for stupid accidents that aren't really a result of their negligence.
  7. Atlantic Lawn

    Atlantic Lawn LawnSite Senior Member
    Male, from Outer Banks NC
    Messages: 949

    It's actualy one of the more realistic statementS or clauses written by an attorney !
  8. HBFOXJr

    HBFOXJr LawnSite Bronze Member
    Messages: 1,712

    Funny, I always thought they got the client off the hook so you could take the whole hit in a lawsuit.

    I used to scratch them out or wouldn't sign them. I used to do a lot of things. I had an attitude. I'm the seller and your the buyer and we'll use MY contract.
  9. Green Star

    Green Star LawnSite Member
    Messages: 3

    I assumed workman's comp would show that we would take away responsibility, but I completely understand the reasoning behind the use of the "HHA".

    Thanks alot for the input!!


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