Indemnity Agreement (Australia)

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Indemnity Agreement for use in Australia.

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An indemnity agreement entered between two parties requires one party to protect another party against anticipated losses, claims, or lawsuits that may occur in the future. As an example, Party A would like hire Party B to construct a playground, but Party B is reluctant due to the possibility of suffering future liability because of such an enterprise. In this situation, Party A may select to indemnify Party B against any future claims and lawsuits that may originate due to Party B's performance in the agreement.

This Indemnity Agreements is designed to protect Party B and helps Party A to have Party B participate in the contract. This document will record this understanding between the parties and will also lay out the various basic terms of the indemnification (e.g. indemnification procedures, notice, etc.)

These are some of the following important provisions of the Australian Indemnity Agreement:
  • Indemnification: Identifies the certain action that is being indemnified from any future claims and lawsuits;
  • Procedures for Indemnification: Enumerates the indemnification procedures;
  • Severability: If any part of the agreement is determined to be unenforceable, the remaining provisions will stay enforceable to the extent allowed;
  • Binding Effect: All parties involvedĀ  in the agreement will be bound to the terms of the agreement.
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This lawyer prepared packet includes:
  1. Instructions and Checklist for the Indemnity Agreement;
  2. Information about the Indemnity Agreement; and
  3. The Indemnity Agreement for Australia.
Law Compliance: This form complies with the laws of the states and territories of Australia.
This is the content of the form and is provided for your convenience. It is not necessarily what the actual form looks like and does not include the information, instructions and other materials that come with the form you would purchase. An actual sample can also be viewed by clicking on the "Sample Form" near the top left of this page.
 
 
Indemnity Agreement
(Australia)

 

 

This Indemnity Agreement (this “Agreement”) is entered into as of ____________________, 20___ by and between ________________________________________ (“Indemnifier”) and _____________________ ________________________________________ (“Indemnitee”).
Indemnifier and Indemnitee may collectively be referred to as the “Parties.
 
 
1.  INDEMNIFICATION:  For good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Indemnifier hereby expressly agrees to indemnify and hold harmless Indemnitee, its successors or assigns against all suits, actions, claims, demands, or damages that arise from the following: ___________________________________________________________________________
______________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________ [insert a description of the activity or contract that the Indemnitee is being indemnified for. Be specific or the indemnification may be too broad.]
 
2.  INDEMNIFICATION PROCEDURES:  
 
A.   Notice.  In the event that Indemnitee receives notice of any asserted or impeding claim where Indemnitee believes indemnification would be sought under this Agreement, Indemnitee shall promptly give notice to Indemnifier of the claim.
 
B.   Option to Defend.    In the event Indemnifier shall be obligated to indemnify Indemnitee under this Agreement, Indemnifier shall be entitled to assume the defence of any such claim, with counsel approved by the Indemnitee (which approval shall not be unreasonably withheld) upon the delivery to Indemnitee of written notice of its election to do so.  After delivery of such notice, approval of such counsel by Indemnitee and the retention of such counsel by Indemnifier, Indemnifier will not be liable to Indemnitee under this Agreement for any fees of counsel subsequently incurred by Indemnitee with respect to the same claim; however, Indemnitee shall have the right to employ its own counsel in any such claim at its own expense.
 
C.   Duplication of Payments.  Indemnifier shall not be liable under this Agreement if Indemnitee has otherwise actually received payment (e.g. under any insurance policy, etc.) of the amounts otherwise indemnifiable under this Agreement.
 
3.  SEVERABILITY: If any part or parts of this Agreement shall be held unenforceable for any reason, the remainder of this Agreement shall continue in full force and effect. If any provision of this Agreement is deemed invalid or unenforceable by any court of competent jurisdiction, and if limiting such provision would make the provision valid, then such provision shall be deemed to be construed as so limited.
 
4.  BINDING EFFECT: The covenants and conditions contained in this Agreement shall apply to and bind the parties and the heirs, legal representatives, successors and permitted assigns of the Parties.
 
5.  ENTIRE AGREEMENT: This Agreement constitutes the entire agreement between the Parties and supersedes any prior understanding or representation of any kind preceding the date of this Agreement. There are no other promises, conditions, understandings or other agreements, whether oral or written, relating to the subject matter of this Agreement. This Agreement may be modified in writing and must be signed by both the Indemnifier and Indemnitee.
 
6.  GOVERNING LAW: This Agreement shall be governed by and construed in accordance with the laws of the State of ___________________________________.
 
7.  NOTICE:  Any notice required or otherwise given pursuant to this Agreement shall be in writing and mailed certified return receipt requested, postage prepaid, or delivered by overnight delivery service:
 
a.   If to Indemnifier:
__________________________________________________
__________________________________________________
__________________________________________________
 
b.   If to Indemnitee:
__________________________________________________
__________________________________________________
__________________________________________________
 
8. WAIVER: The failure of either party to enforce any provisions of this Agreement shall not be deemed a waiver or limitation of that party's right to subsequently enforce and compel strict compliance with every provision of this Agreement.
 
 
 
 
 
 
 
 
[Remainder of Page Intentionally Left Blank]
 
IN WITNESS WHEREOF, the parties have caused this Agreement to be executed the day and year first above written.
 
 
INDEMNIFIER:               INDEMNITEE:            
 
___________________________________      _________________________________
 
___________________________________      _________________________________
(Name)                  (Name)
___________________________________      _________________________________
(Position)                  (Position)
 
 
 
 
 
 
 
 
 
 
 
Number of Pages9
DimensionsDesigned for Letter Size (8.5" x 11")
EditableYes (.doc, .wpd and .rtf)
UsageUnlimited number of prints
Product number#33540
This is the content of the form and is provided for your convenience. It is not necessarily what the actual form looks like and does not include the information, instructions and other materials that come with the form you would purchase. An actual sample can also be viewed by clicking on the "Sample Form" near the top left of this page.
 
 
Indemnity Agreement
(Australia)

 

 

This Indemnity Agreement (this “Agreement”) is entered into as of ____________________, 20___ by and between ________________________________________ (“Indemnifier”) and _____________________ ________________________________________ (“Indemnitee”).
Indemnifier and Indemnitee may collectively be referred to as the “Parties.
 
 
1.  INDEMNIFICATION:  For good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Indemnifier hereby expressly agrees to indemnify and hold harmless Indemnitee, its successors or assigns against all suits, actions, claims, demands, or damages that arise from the following: ___________________________________________________________________________
______________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________ [insert a description of the activity or contract that the Indemnitee is being indemnified for. Be specific or the indemnification may be too broad.]
 
2.  INDEMNIFICATION PROCEDURES:  
 
A.   Notice.  In the event that Indemnitee receives notice of any asserted or impeding claim where Indemnitee believes indemnification would be sought under this Agreement, Indemnitee shall promptly give notice to Indemnifier of the claim.
 
B.   Option to Defend.    In the event Indemnifier shall be obligated to indemnify Indemnitee under this Agreement, Indemnifier shall be entitled to assume the defence of any such claim, with counsel approved by the Indemnitee (which approval shall not be unreasonably withheld) upon the delivery to Indemnitee of written notice of its election to do so.  After delivery of such notice, approval of such counsel by Indemnitee and the retention of such counsel by Indemnifier, Indemnifier will not be liable to Indemnitee under this Agreement for any fees of counsel subsequently incurred by Indemnitee with respect to the same claim; however, Indemnitee shall have the right to employ its own counsel in any such claim at its own expense.
 
C.   Duplication of Payments.  Indemnifier shall not be liable under this Agreement if Indemnitee has otherwise actually received payment (e.g. under any insurance policy, etc.) of the amounts otherwise indemnifiable under this Agreement.
 
3.  SEVERABILITY: If any part or parts of this Agreement shall be held unenforceable for any reason, the remainder of this Agreement shall continue in full force and effect. If any provision of this Agreement is deemed invalid or unenforceable by any court of competent jurisdiction, and if limiting such provision would make the provision valid, then such provision shall be deemed to be construed as so limited.
 
4.  BINDING EFFECT: The covenants and conditions contained in this Agreement shall apply to and bind the parties and the heirs, legal representatives, successors and permitted assigns of the Parties.
 
5.  ENTIRE AGREEMENT: This Agreement constitutes the entire agreement between the Parties and supersedes any prior understanding or representation of any kind preceding the date of this Agreement. There are no other promises, conditions, understandings or other agreements, whether oral or written, relating to the subject matter of this Agreement. This Agreement may be modified in writing and must be signed by both the Indemnifier and Indemnitee.
 
6.  GOVERNING LAW: This Agreement shall be governed by and construed in accordance with the laws of the State of ___________________________________.
 
7.  NOTICE:  Any notice required or otherwise given pursuant to this Agreement shall be in writing and mailed certified return receipt requested, postage prepaid, or delivered by overnight delivery service:
 
a.   If to Indemnifier:
__________________________________________________
__________________________________________________
__________________________________________________
 
b.   If to Indemnitee:
__________________________________________________
__________________________________________________
__________________________________________________
 
8. WAIVER: The failure of either party to enforce any provisions of this Agreement shall not be deemed a waiver or limitation of that party's right to subsequently enforce and compel strict compliance with every provision of this Agreement.
 
 
 
 
 
 
 
 
[Remainder of Page Intentionally Left Blank]
 
IN WITNESS WHEREOF, the parties have caused this Agreement to be executed the day and year first above written.
 
 
INDEMNIFIER:               INDEMNITEE:            
 
___________________________________      _________________________________
 
___________________________________      _________________________________
(Name)                  (Name)
___________________________________      _________________________________
(Position)                  (Position)
 
 
 
 
 
 
 
 
 
 
 
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