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Personal Indemnification Agreement for the United States

Personal Indemnification Agreement Template for United States

A Personal Indemnification Agreement is a legally binding document under U.S. law where one party (indemnitor) agrees to protect another party (indemnitee) from specific losses, damages, or liabilities. This agreement outlines the scope of protection, claims process, and obligations of both parties. It is governed by state-specific contract and indemnification laws, with particular attention to public policy limitations and statutory requirements regarding enforceability.

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Personal Indemnification Agreement

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What is a Personal Indemnification Agreement?

Personal Indemnification Agreements are crucial risk management tools used when individuals need to protect themselves or others from potential financial losses or legal liabilities. These agreements are commonly used in business relationships, board memberships, or professional services contexts where personal liability exposure exists. Under U.S. law, a Personal Indemnification Agreement must comply with state-specific requirements and typically includes detailed provisions about covered events, claim procedures, and limitations of protection. It's essential when personal assets need protection or when standard insurance coverage is insufficient.

What sections should be included in a Personal Indemnification Agreement?

1. Parties: Identification of indemnitor and indemnitee with full legal names and addresses

2. Background: Context and purpose of the indemnification agreement

3. Definitions: Key terms used throughout the agreement including 'Claims', 'Losses', 'Indemnified Events'

4. Scope of Indemnification: Specific circumstances and events covered by the indemnification

5. Indemnification Process: Procedures for making claims and providing notice

6. Term and Termination: Duration of the agreement and circumstances for termination

What sections are optional to include in a Personal Indemnification Agreement?

1. Insurance Requirements: Specific insurance coverage requirements that must be maintained by the indemnitor

2. Subrogation Rights: Rights of insurers to pursue third parties for claims paid under the agreement

3. Defense Obligations: Specific obligations regarding legal defense costs and procedures

What schedules should be included in a Personal Indemnification Agreement?

1. Schedule A - Covered Events: Detailed list of specific events or circumstances covered by indemnification

2. Schedule B - Insurance Requirements: Detailed insurance requirements including coverage types and limits

3. Appendix A - Notice Requirements: Specific procedures and timeframes for providing notice of claims

Authors

Alex Denne

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

Jurisdiction

United States

Document Type

Release Agreement

Cost

Free to use
Clauses

























Industries

State Contract Laws: Fundamental state-specific contract laws including Statute of Frauds requirements and state-specific enforcement provisions that vary by jurisdiction

State Indemnification Statutes: Specific state limitations on indemnification, requirements for valid indemnification clauses, and applicable anti-indemnification statutes

Public Policy Limitations: Legal restrictions on indemnifying against intentional wrongdoing, gross negligence, and provisions that may be void against public policy

Federal Laws: Relevant federal regulations including securities laws, tax implications, and federal consumer protection laws that may impact the agreement

Statute of Limitations: State-specific time limits for bringing claims and enforcement of the indemnification agreement

Liability Laws: State-specific rules regarding contributory negligence, comparative negligence principles, and joint and several liability

Insurance Laws: State insurance regulations, relationship with existing insurance coverage, and subrogation rights that may affect the agreement

Uniform Commercial Code: Relevant UCC provisions, particularly Article 2, and commercial transaction requirements if applicable to the indemnification context

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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