A hold harmless agreement, sometimes called an indemnity or a release, says who takes on the risk of an activity and who won't be blamed for it. People use one when someone borrows equipment, uses property, joins an event or volunteers. This template keeps it plain and fair.
What it is
A hold harmless agreement is a written promise about risk. One side agrees to take responsibility for certain claims or losses and not to hold the other side responsible for them. It can be one-way, where one person covers the risks of the activity, or mutual, where each side covers what it causes itself. It is not a magic shield. Courts generally won't enforce a release for gross negligence, recklessness or intentional harm, and many places limit what these agreements can do, especially in construction work and when a minor is involved. It doesn't replace insurance either. This template always leaves out what can't be given up, and it doesn't offer the broad form that tries to make one party cover the other's own negligence.
What to include
- Who is being protected and who is signing.
- A clear description of the activity, the place and the dates.
- The risks you know about.
- Who covers which losses, one-way or mutual.
- What is not covered, including gross negligence and intentional acts.
- Insurance, if it applies.
- A parent or guardian signature, if a minor is involved.
- A promise to tell each other about claims.
- A statement that the signer has read and understood it.
- Signatures, with the date.
How to fill it in
- Name the person being protected and the person signing.
- Describe the activity, the place and the dates.
- List the risks you know about.
- Choose mutual or one-way. Mutual is the default and the safer choice.
- Tick what is included, and add insurance if it applies.
- Say whether a minor is involved or whether the work is construction, and read the checks.
- Check the preview, download the file, sign it and keep a copy each.
Common mistakes
- Trying to cover the other party's gross negligence or intentional acts.
- Describing the activity too vaguely.
- Not naming the risks.
- Using a one-way release for construction work, where many places limit them.
- Relying on a release for a child without a parent or guardian.
- Treating the agreement as a substitute for insurance.
- Not giving the signer time to read it.
- Copying a very broad form from somewhere without checking local law.
One-way or mutual?
One-way
- The signing party covers the risks of the activity.
- The protected party stays responsible for gross negligence and intentional acts.
- Common for borrowing property or joining an activity.
Mutual
- Each party covers what it causes itself.
- Fairer.
- Easier to defend.
- The default here.
Frequently asked questions
What is a hold harmless agreement?
It is a written promise about risk. One party agrees to take responsibility for certain claims or losses and not to hold the other responsible for them. Some are one-way and some are mutual.
Is a hold harmless agreement enforceable?
Often, if it is clear and follows local law, but not always. Courts generally won't enforce one that tries to cover gross negligence, recklessness or intentional harm, and the rules differ by state.
Does it replace insurance?
No. It can shift responsibility between the parties, but it doesn't pay for losses the way insurance does. Many people use both.
What is the difference between one-way and mutual?
In a one-way agreement the signing party covers the risks of the activity. In a mutual one, each party covers claims caused by its own negligence or acts. Mutual is usually fairer and easier to defend.
Can a minor sign?
A minor usually can't be bound by a release. A parent or guardian can sign too, but releases for children are often hard to enforce, and some places don't allow them. Ask a local lawyer.
Are hold harmless clauses limited in construction?
Yes. Many states have laws that limit or void clauses making one party cover the other's own negligence in construction contracts. This template doesn't use the broad form, and it switches to the mutual form when you say the work is construction.
Do I need a witness or a notary?
Not always, but some places or parties prefer one. You can add either block.
Further reading
Independent publishers, not official sources.
Last reviewed October 5, 2026
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This page gives general information and a template. It is not legal advice.
Quicklet provides general document templates, not legal advice. Laws vary by location.