Hold Harmless And Indemnity Agreement Template for South Africa

Create a bespoke document in minutes,  or upload and review your own.

4.6 / 5
4.8 / 5

Let's create your Hold Harmless And Indemnity Agreement

Thank you! Your submission has been received!
Oops! Something went wrong while submitting the form.

Get your first 2 documents free

Your data doesn't train Genie's AI

You keep IP ownership of your information

Key Requirements PROMPT example:

Hold Harmless And Indemnity Agreement

"I need a Hold Harmless and Indemnity Agreement for my construction company (BuildRight Contractors Ltd) to protect us from liability when subcontractors work on our residential development projects in Cape Town, with the agreement to be effective from March 2025."

Document background
The Hold Harmless and Indemnity Agreement is a crucial risk management tool in South African business and legal practice, designed to allocate and manage potential risks between contracting parties. This document is commonly used in situations where one party wishes to be protected from potential claims, losses, or damages arising from specific activities or circumstances. The agreement must comply with South African law, including the Consumer Protection Act, common law principles, and constitutional requirements. It typically includes detailed provisions on the scope of indemnification, claims procedures, liability limitations, and enforcement mechanisms. The document is particularly valuable in commercial transactions, construction projects, property dealings, and service agreements where risk allocation is a critical consideration.
Suggested Sections

1. Parties: Identification of the indemnifier and indemnitee, including full legal names, registration numbers for companies, and physical addresses

2. Background: Context of the agreement, relationship between parties, and general purpose of the indemnification

3. Definitions: Detailed definitions of key terms used throughout the agreement, including 'Indemnified Events', 'Losses', and 'Claims'

4. Scope of Indemnity: Detailed description of what risks, activities, or circumstances are covered by the indemnification

5. Indemnification Obligations: Specific obligations of the indemnifier, including financial responsibilities and duty to defend

6. Duration: Period during which the indemnity remains valid and any survival provisions

7. Claims Procedure: Process for notifying and handling claims, including timeframes and required documentation

8. Limitations of Liability: Any caps on liability and exclusions from the indemnity coverage

9. General Provisions: Standard contractual provisions including governing law, jurisdiction, and entire agreement clause

Optional Sections

1. Insurance Requirements: Details of required insurance coverage to support the indemnity, used when specific insurance policies must be maintained

2. Third Party Rights: Provisions regarding the rights of third parties under the agreement, used when third party beneficiaries are involved

3. Contribution and Subrogation: Rights of contribution between parties and subrogation rights, used in complex multi-party arrangements

4. Specific Exclusions: Detailed list of excluded events or circumstances, used when certain risks need to be explicitly carved out

5. Security Provisions: Requirements for security or collateral to support the indemnity, used in high-value or high-risk situations

6. Alternative Dispute Resolution: Mediation or arbitration procedures, used when parties prefer alternative dispute resolution to litigation

Suggested Schedules

1. Schedule A - Indemnified Activities: Detailed list of specific activities, operations, or circumstances covered by the indemnity

2. Schedule B - Excluded Events: Comprehensive list of specifically excluded events or circumstances

3. Schedule C - Claims Procedure: Detailed procedure for making and processing claims, including required forms and documentation

4. Appendix 1 - Insurance Requirements: Specific insurance requirements including types of coverage, minimum limits, and required endorsements

5. Appendix 2 - Contact Information: List of key contacts and their details for claim notifications and correspondence

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

Clauses
Relevant Industries

Construction

Real Estate

Manufacturing

Events and Entertainment

Professional Services

Healthcare

Transportation and Logistics

Mining and Resources

Retail

Technology

Sports and Recreation

Education

Financial Services

Agriculture

Relevant Teams

Legal

Risk Management

Compliance

Operations

Contract Administration

Corporate Governance

Business Development

Project Management

Facilities Management

Insurance

Health and Safety

Relevant Roles

Legal Counsel

Risk Manager

Compliance Officer

Contract Manager

Chief Legal Officer

Chief Risk Officer

Business Development Manager

Operations Director

Project Manager

Property Manager

Facility Manager

Events Coordinator

Construction Manager

Safety Officer

Insurance Manager

Corporate Secretary

General Counsel

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

Find the exact document you need

Reciprocal Hold Harmless Agreement

A South African law-governed agreement establishing mutual indemnification obligations between parties to protect against claims and losses arising from their respective activities.

find out more

Hold Harmless And Indemnity Agreement

A South African law-governed agreement where one party agrees to protect another from specified losses, damages, or legal claims.

find out more

Subcontractor Hold Harmless Agreement

A South African law-governed agreement establishing subcontractor liability assumptions and indemnification obligations to protect the main contractor's interests.

find out more

Mutual Hold Harmless Agreement

A South African law-governed Mutual Hold Harmless Agreement establishing reciprocal indemnification obligations between parties.

find out more

Hold Harmless Agreement For Trustee

A South African legal document that protects trustees from personal liability while performing their fiduciary duties under South African trust law.

find out more

Download our whitepaper on the future of AI in Legal

By providing your email address you are consenting to our Privacy Notice.
Thank you for downloading our whitepaper. This should arrive in your inbox shortly. In the meantime, why not jump straight to a section that interests you here: https://www.genieai.co/our-research
Oops! Something went wrong while submitting the form.

Genie’s Security Promise

Genie is the safest place to draft. Here’s how we prioritise your privacy and security.

Your documents are private:

We do not train on your data; Genie’s AI improves independently

All data stored on Genie is private to your organisation

Your documents are protected:

Your documents are protected by ultra-secure 256-bit encryption

Our bank-grade security infrastructure undergoes regular external audits

We are ISO27001 certified, so your data is secure

Organizational security

You retain IP ownership of your documents

You have full control over your data and who gets to see it

Innovation in privacy:

Genie partnered with the Computational Privacy Department at Imperial College London

Together, we ran a £1 million research project on privacy and anonymity in legal contracts

Want to know more?

Visit our Trust Centre for more details and real-time security updates.