005 Phenomenal Hold Harmless Agreement Template Sample
As an attorney, I often counsel clients to use a hold_harmless agreement template when negotiating a settlement with a company. My belief is that the template is simply too simple and easy to misuse for any number of reasons.
First, I believe that the hold_harmless agreement template should have specific terms listed in the document that will entitle a client to receive any benefit received from the agreement. Why?
First, clients do not need to learn about their rights by reading the hold_harmless agreement template. They can look it up in the CBA and be aware of their rights. It is, after all, the contract and should be read over carefully and covered in depth.
Second, as an attorney, I encourage my clients to be aware of any company that offers a hold_harmless agreement template. I feel that there should be certain standards of confidentiality set forth in the agreement. There should not be any provisions that give a party the right to have the documents exposed to public view or reviewed by others without the knowledge of the client.
Third, I also believe that the templates should state clearly in the document that the client has the right to inspect and view the document before signing it. The parties should also agree that the client has the right to have the agreement reviewed by a third party, such as a professional accountant, before signing the agreement.
Now, how can the hold harmless agreement template be improved to better serve our clients? In my opinion, the template should have specific provisions that outline the types of information the client may receive from the agreement. Additionally, it should include a provision that the client has the right to be able to inspect and review the contract before signing it.
As an example, I would be interested in seeing a hold_harmless agreement template that included the following language: "You have the right to inspect and review the underlying documentation prior to you entering into this agreement." That language would give me the assurance that I was making a very informed decision, with the necessary information available to me, and that the client was aware of their rights.
Third, another idea that would greatly improve the hold_harmless agreement template is to include a provision that states that the agreement is non_binding. This would allow the client to have the opportunity to become even more informed about the situation and could save a great deal of heartache and time later on down the road. I realize that this would put a damper on any type of negotiations, but it is always best to be extra careful in these situations.
Many clients refuse to use a hold_harmless agreement template because they feel it is too simple. That is not the case. By providing the client with the right provisions, the template will increase the chances of a successful settlement and minimizes the chance of a failed one.
Lastly, it is also important that the hold_harmless agreement template is easily customizable. This will allow a client to not only customize the agreement but change it at any time, with any changes that the client deems necessary.
Most importantly, it is vital that a hold harmless agreement template is clearly outlined in the document itself. The client should be aware of the possible outcomes before signing the document and should be kept informed throughout the process.
As a final thought, I feel strongly that the hold_harmless agreement template should have clear, specific, and prominent definitions of the different terms that are contained within it. If a client does not understand a term, it should be crystal clear to them and not be left to interpretation at the eleventh hour.
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