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Hold Harmless
A 'hold harmless' clause is a promise in a contract that one person will not sue the other for certain losses or damages.
What it actually is
It is a contractual provision that shifts liability from one party to another, typically where one party agrees to indemnify or protect the other against specified claims or losses. In a court case, it appears as part of a written agreement, such as a lease, waiver, or settlement, and can be used as a defense if the suing party agreed to hold the defendant harmless.
Why it matters in your case
If you signed a contract with a hold harmless clause, you may have given up your right to sue for certain injuries or losses, which could limit your claims or strengthen the other party's defense. The court will enforce the clause according to its plain language, so it can determine whether your case can proceed or be dismissed.
The common misunderstanding
Many people mistakenly think a hold harmless clause means they are completely immune from any lawsuit, but it only covers the specific risks or losses described in the clause. It does not protect against gross negligence or intentional wrongdoing in many states, and its scope depends on the exact wording.
Get the actual rule
Definitions are orientation; rules are authority
This page explains the concept. When it matters to your case, read the rule that governs it in your court — we hold Texas, federal and Washington court rules word for word, and every state's official resources are on the state pages. If someone cites a case at you, check that it exists first.
Related
Terms that travel with this one
General explanation, not legal advice, and not specific to any state — procedures and deadlines vary by jurisdiction and court. If you can get a lawyer or free legal aid, do: every real option.