The Hold Harmless Agreement For Use Of Property is a crucial risk management tool in the United States property landscape, designed to protect property owners while facilitating the temporary use of their property by other parties. This document becomes necessary when any individual or entity wishes to use another's property for specific purposes, such as events, temporary storage, or business activities. The agreement defines the scope of property use, establishes clear liability boundaries, and includes specific indemnification provisions that comply with state and federal regulations. It's particularly important in today's litigious environment where property owners need robust protection against potential claims while maintaining their property's utility and value. The document typically requires customization based on specific state laws, property type, intended use, and the parties involved.
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1. Parties: Identifies and defines all parties to the agreement, including the property owner (indemnified party) and the user/occupant (indemnifying party)
2. Background: Explains the context and purpose of the agreement, including brief description of the property and intended use
3. Definitions: Defines key terms used throughout the agreement, including 'Property', 'Indemnification', 'Claims', and other relevant terms
4. Grant of Use: Specifies the permitted use of the property, including any restrictions or limitations
5. Term and Termination: Defines the duration of the agreement and conditions for early termination
6. Indemnification: Core hold harmless provisions detailing the scope of indemnification and protection provided to the property owner
7. Insurance Requirements: Specifies required insurance coverage to be maintained by the user/occupant
8. Property Condition: Describes the condition of the property and any 'as-is' provisions
9. Rules and Regulations: Basic rules for property use and maintenance responsibilities
10. Governing Law: Specifies the jurisdiction and applicable law governing the agreement
11. Entire Agreement: Standard clause confirming the agreement represents the complete understanding between parties
1. Security Deposit: Include when requiring a security deposit for property use
2. Fee Schedule: Include when there are fees associated with the property use
3. Equipment Use: Include when the agreement covers use of specific equipment or facilities within the property
4. Alterations: Include when the user may need to make temporary or permanent changes to the property
5. Special Events: Include when the property will be used for specific events or gatherings
6. Environmental Matters: Include when there are environmental concerns or responsibilities
7. Access and Security: Include when specific access protocols or security measures are required
8. Subletting/Assignment: Include when addressing whether the user can transfer their rights to others
9. Force Majeure: Include when needing to address unforeseeable circumstances
10. Dispute Resolution: Include when specifying particular methods for resolving disputes
1. Schedule A - Property Description: Detailed description of the property, including address, boundaries, and included facilities
2. Schedule B - Permitted Uses: Comprehensive list of authorized activities and uses for the property
3. Schedule C - Insurance Requirements: Detailed insurance specifications including types, coverage amounts, and provider requirements
4. Schedule D - Property Rules: Complete set of rules and regulations for property use
5. Appendix 1 - Property Condition Report: Documentation of property condition at agreement commencement
6. Appendix 2 - Safety Procedures: Required safety protocols and emergency procedures
7. Appendix 3 - Contact Information: List of emergency contacts and key personnel for both parties
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