Certificate of Indemnification

CavalierPhoto

Hey all,

There is a property that my wife and I would like to photograph before the developer turns it into a shopping center. We've spoken to a representative of the developer and asked permission to be on the property. The representative told us that they would have no problem as long as we could provide them with a Certificate of Indemnification.

Has anyone here had to use one? Is there a resource where I could find a generic version (did the google thing and found some contractor samples that kinda worked but not really)?

Might be kinda useful to have one on hand if we ever run into the same situation again.

Angelo

CavalierPhoto wrote:

Hey all,

There is a property that my wife and I would like to photograph before the developer turns it into a shopping center. We've spoken to a representative of the developer and asked permission to be on the property. The representative told us that they would have no problem as long as we could provide them with a Certificate of Indemnification.

Has anyone here had to use one? Is there a resource where I could find a generic version (did the google thing and found some contractor samples that kinda worked but not really)?

Might be kinda useful to have one on hand if we ever run into the same situation again.

Your insurance agent should be able to provide one.

CavalierPhoto

Thanks Angelo,

I've heard that was a possibility and we're exploring that.

I've also been told that since this is a developer that we're dealing with that they may also have one as well.

Plus, I hear that we may be able to put one together that will suffice. Basic language releases the property owner from any damage to us or our equipment.

dangin

try this.

Icebear

Uhhh . . . no
That's not an indemnification agreement.

dangin

Icebear wrote:

That's not an indemnification agreement.

you're right, it's a release as noted by the filename and title of the document. however if you look at section 5:

... Production Company agrees to indemnify and hold harmless Grantor from any against any and all liabilities, damages and claims of third parties arising from Production Company’s use hereunder of the property (unless such liabilities, damages or claims arise from breach of Grantor’s warranty as set forth in the immediately following sentence); and from any physical damage to the Property proximately caused by Production Company, or any of its employees, representatives or agents. Grantor warrants that is has the right and authority to enter into this Agreement and to grant the rights granted by Grantor herein. Grantor agrees to indemnify and hold harmless Production Company from and against any and all claims relating to breach of its aforesaid warranty.


it sounds like pretty generic but usable indemification clause to me. besides, CavalierPhoto should have a coverage release of some sort from the property owners so that he can display the images without getting hassled in the future. it's likely that they're asking for an indemnification statement because they're worried about the photographers suing them if they get injured on the site. it's in my opinion, and the law classes i've taken don't make me a lawyer, but i think the above statement addresses that basic concern.

Icebear

Well maybe
But that paragraph seems to address third party claimants, and not the "production company" as a claimant. Ya know, most of those releases and indemnification agreements ain't worth spit anyway. Courts bend over backwards to give any plaintiff his day in court. That being said, if it gets you on site, it served its purpose .

CavalierPhoto

That's pretty much the gyst...

dangin wrote:

you're right, it's a release as noted by the filename and title of the document. however if you look at section 5:

... Production Company agrees to indemnify and hold harmless Grantor from any against any and all liabilities, damages and claims of third parties arising from Production Company’s use hereunder of the property (unless such liabilities, damages or claims arise from breach of Grantor’s warranty as set forth in the immediately following sentence); and from any physical damage to the Property proximately caused by Production Company, or any of its employees, representatives or agents. Grantor warrants that is has the right and authority to enter into this Agreement and to grant the rights granted by Grantor herein. Grantor agrees to indemnify and hold harmless Production Company from and against any and all claims relating to breach of its aforesaid warranty.


it sounds like pretty generic but usable indemification clause to me. besides, CavalierPhoto should have a coverage release of some sort from the property owners so that he can display the images without getting hassled in the future. it's likely that they're asking for an indemnification statement because they're worried about the photographers suing them if they get injured on the site. it's in my opinion, and the law classes i've taken don't make me a lawyer, but i think the above statement addresses that basic concern.

Thanks dangin,

The language in that section is definitely generic enough to be able to use for an indemnification certificate. Of course it all kinda becomes moot because the developer of the property had one for us to use.

EDIT: to post the following:
This is what they're version looked like:

"<NAMES> hereby agree to indemnify and hold harmless <COMPANY NAME(s)> its affiliates, officers, employees, and representatives from and against any losses, costs, damages and expenses resulting from claims for bodily injury or property damage arising out of the access we were granted to the property known as <PROPERTY NAME> located at <PROPERTY ADDRESS>."

They also had a spot for our signatures and a place for a notary to sign as well.