You can create an Indemnity Agreement by completing LawDepot’s questionnaire. Using our template ensures you complete the following necessary steps:
1. State who the agreement is protecting
State if the Indemnity Agreement will protect your party or the other party.
2. State your location
States and territories in India may have differing indemnity laws. Select your state or territory, and we’ll tailor your Indemnity Agreement to meet the laws and regulations of your location.
You can use LawDepot’s Indemnity Agreement template in:
- Andaman and Nicobar Islands
- Andhra Pradesh
- Arunachal Pradesh
- Assam
- Bihar
- Chandigarh
- Chhattisgarh
- Dadra and Nagar Haveli
- Dadra and Nagar Haveli and Daman and Diu
- Daman and Diu
- Goa
- Gujarat
- Haryana
- Himachal Pradesh
- Jammu and Kashmir
- Jharkhand
- Karnataka
- Kerala
- Ladakh
- Lakshadweep
- Madhya Pradesh
- Maharashtra
- Manipur
- Meghalaya
- Mizoram
- Nagaland
- National Capital Territory of Delhi
- Odisha
- Puducherry
- Punjab
- Rajasthan
- Sikkim
- Tamil Nadu
- Telangana
- Tripura
- Uttar Pradesh
- Uttarakhand
- West Bengal
3. Outline the terms you wish to include
You may include any of the following terms in your Indemnity Agreement:
- Indemnity insurance: The indemnifier should obtain liability insurance if they don’t have the resources to cover all the foreseeable liabilities under the agreement. You should weigh the cost of insurance against the protection it provides to determine if insurance coverage is reasonable for your contract.
- Indemnification against criminal proceedings: Provide basic protection against civil lawsuits or criminal proceedings. Indemnification for a criminal proceeding is only available if the indemnitee has no reason to believe their conduct was unlawful.
- Confidentiality clause: Ensure outside parties can’t access confidential or proprietary information within the agreement.
- Monetary limit: Specify the maxiumum monetary amount of indenification (protection) for each claim or action. Otherwise, the amount of indemnification could be unlimited.
4. Describe the subject of the indemnity
Choose the category that best describes the subject of your Indemnity Agreement:
- Service: Provides indemnity relating to the provision of services in a contract. For example, a construction company may seek indemnity for its workers from any damage they unintentionally cause to a property while providing a service.
- Activity: Provides indemnity for a range of activities like hosting events, borrowing dangerous equipment, or providing thrill-seeking entertainment (e.g., bungee jumping). Choose this category if you’re unsure which one is best for you.
- Transaction: Protects sellers and renters against liability for any issue concerning goods that are being sold or rented. This category also applies to landlords and tenants in a Lease Agreement.
Include the indemnitee’s name, address, and whether they are an individual or company in the agreement.
The agreement can cover multiple indemnitees if they’re intimately related, such as spouses or business partners. However, if the indemnitees are working individually, they will each need an Indemnity Agreement.
Include the indemnifier’s name, address, and whether they are an individual or company in the agreement.
If there are multiple indemnifiers, they will be jointly and individually liable for any claim or damages. This means each indemnifier is responsible for the entire claim or damages.
7. Outline any additional clauses
Include any additional terms or conditions that your Indemnity Agreement doesn't already cover (e.g., a surety).
8. Provide the signing details
State the agreement’s execution date. The execution date is the day the parties sign the agreement.
It isn't legally necessary to have witnesses sign the document, but it might be a good idea to do so if you need to submit your Indemnity Agreement to a bank or other institution.