Hold Harmless Contract Template for New Zealand

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Key Requirements PROMPT example:

Hold Harmless Contract

"I need a Hold Harmless Contract for my outdoor adventure company operating in Auckland, protecting us from liability related to customer participation in rock climbing and hiking activities, with specific coverage for equipment use and weather-related risks."

Document background
The Hold Harmless Contract serves as a critical risk management tool in New Zealand's business and legal landscape. It is commonly used when one party wishes to be protected from liability arising from specific activities, events, or circumstances. This document is particularly valuable in situations involving property use, service provision, construction projects, or event organization where risk transfer is necessary. The agreement must comply with New Zealand's legal framework, including the Contract and Commercial Law Act 2017, Fair Trading Act 1986, and relevant consumer protection legislation. Hold Harmless Contracts are essential when parties need to clearly define risk allocation, establish indemnification obligations, and create legally binding protection against potential claims or losses.
Suggested Sections

1. Parties: Identifies and defines all parties to the agreement, including full legal names and addresses

2. Background: Provides context for the agreement, describing the relationship between parties and the purpose of the hold harmless arrangement

3. Definitions: Defines key terms used throughout the agreement for clarity and legal certainty

4. Scope of Agreement: Clearly outlines what activities, events, or circumstances are covered by the hold harmless provisions

5. Indemnification Provisions: Details the specific hold harmless obligations, including what risks are being assumed and by whom

6. Duration: Specifies how long the hold harmless provisions will remain in effect

7. Limitations of Liability: Outlines any limits on the hold harmless obligations and specifies what isn't covered

8. Governing Law: Specifies that New Zealand law governs the agreement and how disputes will be resolved

9. Execution: Formal signing section with date and signature blocks for all parties

Optional Sections

1. Insurance Requirements: Specifies any insurance obligations of either party to support the hold harmless provisions - include when specific insurance coverage is required

2. Notice Requirements: Details how and when parties must notify each other of relevant events or claims - include for complex agreements or when timing is critical

3. Force Majeure: Addresses how unforeseeable circumstances affect the hold harmless obligations - include when external factors could significantly impact obligations

4. Assignment: Specifies whether rights under the agreement can be transferred - include when parties might need to transfer rights

5. Severability: Ensures remainder of agreement stays valid if some provisions are found unenforceable - include in complex agreements

6. Confidentiality: Protects sensitive information shared between parties - include when confidential information will be exchanged

Suggested Schedules

1. Schedule 1: Specific Activities Covered: Detailed list of activities, events, or circumstances covered by the hold harmless provisions

2. Schedule 2: Insurance Requirements: Detailed specifications of required insurance coverage, limits, and providers

3. Schedule 3: Excluded Risks: Specific listing of risks or circumstances explicitly excluded from the hold harmless provisions

4. Appendix A: Notice Forms: Standard forms or templates for required notices under the agreement

5. Appendix B: Related Agreements: References to or copies of related agreements that affect the hold harmless provisions

Authors

Alex Denne

Head of Growth (Open Source Law) @ Genie AI | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Relevant Industries

Construction

Events and Entertainment

Professional Services

Real Estate

Manufacturing

Sports and Recreation

Healthcare

Education

Retail

Transportation and Logistics

Property Management

Technology Services

Relevant Teams

Legal

Risk Management

Operations

Compliance

Contract Administration

Project Management

Business Development

Facility Management

Safety and Security

Commercial Operations

Insurance Administration

Relevant Roles

Risk Manager

Legal Counsel

Contract Administrator

Operations Manager

Project Manager

Facility Manager

Compliance Officer

Business Development Manager

Property Manager

Event Coordinator

Construction Manager

Safety Officer

Insurance Coordinator

General Manager

Commercial Director

Industries
Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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Hold Harmless Contract

A New Zealand-governed agreement that protects one party from legal liability for specified risks by transferring responsibility to another party.

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