Hold Harmless Clause Service Agreement

A “hold harmless clause” is a legal provision that protects one party from any liability or damages resulting from the actions of another party. In a service agreement, a hold harmless clause typically states that one party (the service provider) will not be held responsible for any harm or damage that may result from the other party`s (the client`s) use of the service.

The purpose of a hold harmless clause is to protect the service provider from liability that may arise from the client`s use of the service. For example, if a client uses a service to create a website and the website contains copyrighted material, the service provider may be held liable for copyright infringement. However, if the service agreement contains a hold harmless clause, the service provider would not be held responsible for the client`s actions.

It is important to note that a hold harmless clause does not absolve the service provider of all liability. The clause typically only protects the service provider from liability that may arise from the client`s use of the service. The service provider may still be held liable for any negligent or intentional actions on their part.

When drafting a hold harmless clause for a service agreement, it is important to ensure that the language is clear and specific. The clause should clearly state what actions the service provider will be held harmless for and what actions may still result in liability. The clause should also be reviewed by legal counsel to ensure that it is legally enforceable.

In conclusion, a hold harmless clause is an important legal provision that can protect service providers from liability that may result from a client`s use of their service. When drafting a service agreement, it is important to include a hold harmless clause and ensure that the language is clear and specific. Legal counsel should also review the clause to ensure that it is legally enforceable.