The Liability Hold Harmless Agreement is a critical risk management tool used in Australian business operations where one party seeks to protect itself from potential claims, losses, or damages arising from specified activities or relationships. This document is particularly relevant in situations involving property use, service provision, or business relationships where clear risk allocation is essential. The agreement must comply with Australian federal and state legislation, including the Competition and Consumer Act 2010 and relevant state-based Civil Liability Acts. It's commonly used in commercial, construction, and service-based industries where parties need to clearly define their risk exposure and protection levels. The document includes specific provisions for indemnification, insurance requirements, and compliance with Australian legal principles regarding liability limitations.
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1. Parties: Identifies and defines all parties to the agreement, including their legal names, addresses, and any relevant registration numbers
2. Background: Explains the context and purpose of the agreement, including the relationship between the parties and the activities covered
3. Definitions: Defines key terms used throughout the agreement for clarity and consistency
4. Scope of Agreement: Clearly outlines the activities, timeframe, and circumstances covered by the hold harmless provisions
5. Indemnification Provisions: Details the specific indemnification obligations, including what risks are being assumed and by whom
6. Exclusions: Specifies what circumstances or types of liability are not covered by the hold harmless provisions
7. Duration: Specifies how long the hold harmless provisions remain in effect
8. Governing Law and Jurisdiction: Specifies that Australian law governs the agreement and nominates the relevant jurisdiction for disputes
9. Execution: Formal signing section including date and witness provisions
1. Insurance Requirements: Used when specific insurance coverage is required to support the indemnification obligations
2. Third Party Rights: Include when the agreement needs to address rights of third parties who may be affected by the hold harmless provisions
3. Dispute Resolution: Add when parties want to specify particular dispute resolution procedures before litigation
4. Severability: Include when parties want to ensure that if any provision is found invalid, the rest of the agreement remains enforceable
5. Force Majeure: Add when parties want to address how unforeseen circumstances affect the hold harmless obligations
6. Confidentiality: Include when the activities covered by the agreement involve confidential information
7. Assignment: Add when there's a need to control whether parties can transfer their rights or obligations under the agreement
1. Schedule 1 - Covered Activities: Detailed list of activities, operations, or circumstances covered by the hold harmless provisions
2. Schedule 2 - Insurance Requirements: Specific details of required insurance coverage, including types, amounts, and conditions
3. Schedule 3 - Specific Risks: Itemized list of specific risks or liabilities being addressed
4. Appendix A - Defined Terms: Extended definitions of technical or complex terms used in the agreement
5. Appendix B - Notice Requirements: Detailed procedures for giving notices under the agreement, including contact information
Authors
Relevant legal definitions
Clauses
Relevant Industries
Construction
Real Estate
Events and Entertainment
Manufacturing
Professional Services
Healthcare
Education
Retail
Transportation and Logistics
Sports and Recreation
Mining and Resources
Technology Services
Property Management
Facilities Management
Relevant Teams
Legal
Risk Management
Compliance
Operations
Commercial
Contracts Administration
Property Management
Facilities Management
Business Development
Insurance
Health and Safety
Corporate Affairs
Relevant Roles
Risk Manager
Legal Counsel
Compliance Officer
Contract Manager
Operations Director
Project Manager
Facility Manager
Business Development Manager
Commercial Director
Property Manager
Insurance Manager
Safety Officer
General Counsel
Chief Legal Officer
Chief Risk Officer
Operations Manager
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