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Hold harmless indemnification agreement template

By Vinay Koshy ยท Last updated

A hold harmless indemnification agreement is a contract where one party won't hold the other responsible for claims from a set job, and often covers its costs. Contractors, property owners and event hosts use it. In Louisiana, a hold harmless clause that in advance excludes or limits liability for causing physical injury to the other party is null [1].

This free hold harmless agreement template is a general starting point, not legal advice, so read the state rules below before you use it.

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What does a hold harmless indemnification agreement contain?

A hold harmless indemnification agreement contains 8 parts: the parties, the covered work, the hold harmless clause, the indemnity scope, exclusions, insurance, the governing state and signatures. Each sample hold harmless agreement on this site uses this order.

  1. Parties: the indemnifying party, who gives the promise, and the protected party, who gets it.
  2. Covered activity or work: the job, event or use of property that the agreement covers.
  3. Hold harmless clause: the promise not to hold the protected party responsible for claims from that activity.
  4. Indemnity scope: the claims, costs and losses that the indemnifying party agrees to cover.
  5. Exclusions: the claims that the agreement does not cover.
  6. Insurance: the insurance that each party keeps for the work, if any.
  7. Governing state: the state whose rules apply to the agreement.
  8. Signatures: the names, signatures and dates of both parties.

How to fill out a hold harmless agreement

You fill out a hold harmless agreement in 5 steps: name the parties, describe the work, set the scope, pick the state, then sign. Each step matches a part of the template.

  1. Write the full name of the indemnifying party and the protected party. On a construction job, the contractor is often the indemnifying party.
  2. Describe the work or activity. Give the address, the dates and the type of work.
  3. Set the scope of the indemnity. List the claims and costs that it covers, then list any exclusions.
  4. Pick the governing state. Use the state where the work or activity happens.
  5. Sign and date the agreement. Give each party a copy.

State rules that change this form

In Louisiana, a clause that in advance excludes or limits a party's liability for causing physical injury to the other party is null [1], and in Montana a sport or recreation waiver has to state the known inherent risks and carry a set jury-trial statement in bold type [3]. The list below gives each state's rule and its source.

If your state is not in this list, talk to a lawyer in your state before you use the form.

Who needs to sign

Both parties sign the hold harmless agreement: the indemnifying party, who gives the promise, and the protected party, who gets it, so that the agreement is mutual. Each party keeps a signed copy.

Can you sign a hold harmless agreement online?

Yes, a hold harmless indemnification agreement can be signed online, as long as each signer adopts the e-signature with the intent to sign [6]. Online signing on Okayform is in early access, so today you print this template and sign it on paper.

Under federal ESIGN law, a signature, contract or record in a transaction that affects interstate commerce can't be denied legal effect only because it is electronic [5]. An electronic signature is a sound, symbol or process attached to a record and adopted by a person with the intent to sign it [6].

Where a rule asks for a contract in writing, an electronic record of it can be denied legal effect if it can't be retained and accurately reproduced for later reference [7]. Keep each signed copy in a form that you can store and print again.

In Louisiana, an electronic signature or record is attributable to a person if it was that person's act [8]. That act can be shown in any manner, including by showing that a security procedure worked to identify the signer [9].

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Frequently asked questions

Are hold harmless agreements legally binding?

A hold harmless agreement is a contract between the parties who sign it. In Louisiana, a clause that in advance excludes or limits a party's liability for causing physical injury to the other party is null [1]. Read the state rules on this page and talk to a lawyer in your state before you rely on the form.

What is an example of a hold harmless clause?

A typical clause says that the indemnifying party will not hold the protected party responsible for claims that come from the named work or activity. It often adds that the indemnifying party will cover the protected party's costs for those claims. In this template, the clause sits after the description of the work and before the indemnity scope and exclusions.

How does indemnification work?

In this agreement, one party promises to cover the other party's costs for claims that come from a set activity or job. The indemnity scope says which claims and costs the promise covers, and the exclusions say which claims it does not cover. Both parties then sign and date the agreement, and each party keeps a signed copy.

What are the three types of indemnification?

The sources on this page do not set out 3 types of indemnification, so this page does not name them. In this template, you set the scope of the indemnity and any exclusions yourself. Write down the claims and costs that the promise covers, then list the claims it does not cover, and talk to a lawyer in your state about the right scope.

When do you need a construction hold harmless agreement?

Contractors and property owners often use a construction hold harmless agreement before work starts on a site. It records which party covers claims that come from the work, and which claims are excluded. Fill it out before the job starts, give the address, dates and type of work, and have both parties sign and keep a copy.

Sources

These are the primary sources behind every legal statement on this page, with the date each one was checked.

  1. Louisiana Civil Code, clauses that exclude or limit liability (Louisiana State Legislature), https://www.legis.la.gov/Legis/Law.aspx?d=109260, fetched 2026-10-27
  2. Louisiana Civil Code, clauses that exclude or limit liability (Louisiana State Legislature), https://www.legis.la.gov/Legis/Law.aspx?d=109260, fetched 2026-10-27
  3. Montana Code Annotated 27-1-753, https://archive.legmt.gov/bills/2015/mca/27/1/27-1-753.htm, fetched 2026-10-27
  4. Montana Code Annotated 27-1-753, https://archive.legmt.gov/bills/2015/mca/27/1/27-1-753.htm, fetched 2026-10-27
  5. 15 U.S.C. 7001, Electronic Signatures in Global and National Commerce Act, https://www.govinfo.gov/content/pkg/USCODE-2023-title15/html/USCODE-2023-title15-chap96-subchapI-sec7001.htm, fetched 2026-10-27
  6. 15 U.S.C. 7006, Electronic Signatures in Global and National Commerce Act definitions, https://www.govinfo.gov/content/pkg/USCODE-2023-title15/html/USCODE-2023-title15-chap96-subchapI-sec7006.htm, fetched 2026-10-27
  7. 15 U.S.C. 7001, Electronic Signatures in Global and National Commerce Act, https://www.govinfo.gov/content/pkg/USCODE-2023-title15/html/USCODE-2023-title15-chap96-subchapI-sec7001.htm, fetched 2026-10-27
  8. La. R.S. 9:2609, Louisiana Uniform Electronic Transactions Act, https://www.legis.la.gov/legis/Law.aspx?d=107135, fetched 2026-10-27
  9. La. R.S. 9:2609, Louisiana Uniform Electronic Transactions Act, https://www.legis.la.gov/legis/Law.aspx?d=107135, fetched 2026-10-27

Related templates

Use these related templates instead of, or alongside, the hold harmless agreement when the job needs a different form.

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