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Harmless Agreement for Australia

Harmless Agreement Template for Australia

This document is a legally binding Hold Harmless Agreement governed by Australian law, designed to protect one party from liability, claims, or damages related to specified activities or circumstances. It incorporates relevant provisions from Australian contract law and consumer protection legislation, including the Australian Consumer Law (ACL) and state-specific Civil Liability Acts. The agreement establishes clear terms for indemnification, defines the scope of protection, and includes necessary provisions for enforceability under Australian jurisdiction.

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What is a Harmless Agreement?

The Hold Harmless Agreement serves as a risk management tool widely used in Australian business and personal contexts to protect one party from potential liability arising from specified activities or relationships. This document is particularly relevant when one party wishes to transfer risk to another party who agrees to assume that risk. The agreement must comply with Australian federal and state legislation, including the Competition and Consumer Act 2010 and relevant state-based Civil Liability Acts. It typically includes detailed provisions about the scope of indemnification, duration of protection, notice requirements for claims, and specific limitations or exclusions. The Hold Harmless Agreement is commonly used in situations involving property use, service provision, events, construction projects, or any scenario where risk transfer is necessary for business operations.

What sections should be included in a Harmless Agreement?

1. Parties: Identifies and defines the Indemnifier and Indemnitee with their full legal names and details

2. Background: Explains the context and purpose of the agreement, including the relationship between the parties

3. Definitions: Defines key terms used throughout the agreement, including 'Indemnified Activities', 'Claims', and 'Losses'

4. Indemnification: Core section detailing the scope of indemnification, what losses are covered, and the extent of protection

5. Release: Explicit release of liability for specified activities or circumstances

6. Duration: Specifies how long the indemnification and release provisions remain in effect

7. Limitations: Details any limitations on the indemnification obligation

8. Notice Requirements: Procedures for notifying parties of claims or potential claims

9. Governing Law: Specifies that Australian law governs the agreement and identifies relevant jurisdiction

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

What sections are optional to include in a Harmless Agreement?

1. Insurance Requirements: Required when specific insurance coverage must be maintained by either party

2. Dispute Resolution: Include when parties want to specify particular dispute resolution procedures

3. Severability: Include when parties want to ensure remaining provisions survive if some are found invalid

4. Assignment: Include when transfer of rights needs to be restricted or permitted

5. Force Majeure: Include for activities that might be affected by circumstances beyond parties' control

6. Confidentiality: Include when sensitive information will be shared in relation to indemnified activities

What schedules should be included in a Harmless Agreement?

1. Schedule A - Indemnified Activities: Detailed description of activities, events, or circumstances covered by the indemnification

2. Schedule B - Insurance Requirements: Specific insurance types, coverage amounts, and provider requirements

3. Schedule C - Excluded Claims: List of specific claims or circumstances explicitly excluded from indemnification

4. Appendix 1 - Risk Assessment: Documentation of identified risks and mitigation measures

5. Appendix 2 - Safety Procedures: Relevant safety procedures or protocols related to indemnified activities

Authors

Alex Denne

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

Jurisdiction

Australia

Publisher

Ƶ

Document Type

Sales Agreement

Sector

Sales

Cost

Free to use
Relevant legal definitions





























Clauses
























Relevant Industries

Construction

Real Estate

Events and Entertainment

Sports and Recreation

Education

Healthcare

Manufacturing

Professional Services

Property Management

Retail

Technology

Transportation and Logistics

Relevant Teams

Legal

Risk Management

Compliance

Operations

Facilities Management

Contract Administration

Business Development

Property Management

Events Management

Safety and Security

Insurance

Corporate Affairs

Relevant Roles

Legal Counsel

Risk Manager

Compliance Officer

Operations Manager

Project Manager

Facility Manager

Contract Administrator

Business Development Manager

Property Manager

Event Coordinator

Safety Officer

General Manager

Chief Legal Officer

Chief Risk Officer

Insurance Manager

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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