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Hold Harmless Certificate Template for New Zealand

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Key Requirements PROMPT example:

Hold Harmless Certificate

"I need a Hold Harmless Certificate for my construction company operating in Auckland, to protect us from liability when subcontractors use our equipment on building sites from January 2025, with specific focus on protecting against property damage claims."

Document background
The Hold Harmless Certificate serves as a risk management tool in New Zealand business and commercial relationships. It is commonly used when one party needs protection from potential liability arising from specific activities, property use, or service provision. This document is particularly relevant in situations where there are inherent risks that need to be clearly allocated between parties. The certificate must be drafted in compliance with New Zealand law, including consideration of the Contract and Commercial Law Act 2017, Fair Trading Act 1986, and the unique aspects of New Zealand's ACC scheme. It typically includes specific details about the scope of protection, activities covered, duration, and any limitations or exclusions. The Hold Harmless Certificate is essential in various contexts, from construction projects to event management, and should be customized to address the specific risks and circumstances of each situation.
Suggested Sections

1. Parties: Identifies and provides full legal names and details of all parties involved in the agreement

2. Background: Explains the context and purpose of the hold harmless arrangement

3. Definitions: Defines key terms used throughout the certificate

4. Scope of Indemnification: Clearly outlines what activities, circumstances, or situations are covered by the hold harmless provision

5. Indemnification Terms: Details the specific obligations of the indemnifying party and the extent of protection provided

6. Limitations and Exclusions: Specifies what is not covered by the hold harmless provision, including statutory exceptions

7. Duration: Specifies how long the hold harmless protection will remain in effect

8. Governing Law: Confirms that New Zealand law governs the agreement

9. Execution: Signature block and execution requirements

Optional Sections

1. Insurance Requirements: Details any insurance requirements for either party - used when specific insurance coverage is required to support the indemnification

2. Notice Requirements: Specifies how and when notices of claims or incidents should be communicated - used in more formal or high-risk arrangements

3. Dispute Resolution: Outlines the process for resolving disputes - recommended for higher-value or complex arrangements

4. Assignment: Addresses whether the rights and obligations can be assigned to other parties - used when transfer of rights might be relevant

5. Severability: Ensures that if any provision is found invalid, the rest of the agreement remains valid - recommended for complex agreements

6. Force Majeure: Addresses circumstances beyond parties' control - used when long-term or ongoing activities are covered

Suggested Schedules

1. Schedule 1 - Protected Activities: Detailed list of specific activities covered by the hold harmless provision

2. Schedule 2 - Covered Locations: List of specific properties or locations to which the hold harmless provision applies

3. Schedule 3 - Excluded Risks: Detailed list of specific risks or circumstances explicitly excluded from coverage

4. Appendix A - Insurance Certificates: Copies of relevant insurance certificates if required

5. Appendix B - Safety Procedures: Relevant safety procedures or protocols that must be followed, if applicable

Authors

Alex Denne

Head of Growth (Open Source Law) @ tiktok³ÉÈ˰æ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Relevant legal definitions






























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Relevant Industries

Construction

Real Estate

Events and Entertainment

Professional Services

Manufacturing

Retail

Healthcare

Education

Transportation

Logistics

Facilities Management

Sports and Recreation

Relevant Teams

Legal

Risk Management

Operations

Compliance

Property Management

Facilities

Contract Administration

Health and Safety

Insurance

Project Management

Relevant Roles

Risk Manager

Legal Counsel

Contract Administrator

Project Manager

Operations Manager

Facility Manager

Event Coordinator

Property Manager

Compliance Officer

Insurance Manager

Business Development Manager

Health and Safety 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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