Save Harmless Definition and Legal Meaning

On this page, you'll find the legal definition and meaning of Save Harmless, written in plain English, along with examples of how it is used.

What is Save Harmless?

(v) Save Harmless is the act of protecting somebody from harm or loss of any type specified in the agreement, by saving him from such losses or indemnifying the loss suffered by him.

History and Meaning of Save Harmless

Save Harmless is a legal term that has been in use for many decades. It is a common provision in contracts, especially those involving services or goods, in which one party agrees to protect the other party from any harm or loss that could occur as a result of the contract. Save Harmless can also be referred to as a hold harmless agreement. It is typically used to shift or allocate risk from one party to another, with one party agreeing to indemnify the other party in the event of a specified loss.

Examples of Save Harmless

  1. An auto mechanic may ask a customer to sign a Save Harmless agreement before working on the car. The agreement would state that the mechanic is not responsible for any damages that may occur while the car is being repaired.

  2. A landlord might require a tenant to sign a Save Harmless agreement before moving in, stating that the tenant will not hold the landlord responsible for any injuries that might happen in the rental property.

  3. A contractor may ask a client to sign a Save Harmless agreement before starting a project, stating that the client will not hold the contractor responsible for any delays or unfinished work.

Legal Terms Similar to Save Harmless

  1. Indemnification - Indemnification is similar to Save Harmless in that it involves one party agreeing to protect another party from loss or harm, but the term is often used in a broader context.

  2. Waiver- A waiver is the intentional and voluntary relinquishment of a known right or claim. It is used to give up a right or claim in advance, often in exchange for something else, such as a lower price.

  3. Exculpatory Clause - An exculpatory clause is a provision in a contract that attempts to relieve one party from liability for their own negligence or wrongful acts. It is controversial because it can be seen as an attempt to shift responsibility away from the party at fault.