Film Locations Glossary
Hold harmless agreement
What is a hold harmless agreement?
Also called hold harmless clause.
A hold harmless agreement is the clause by which a production accepts responsibility for claims arising from its activity at a location, so the property owner is not left carrying them.
It usually travels with the additional insured status and the certificate of insurance as a set. Owners' lawyers negotiate its scope hardest on high-value properties and on anything involving stunts or effects.
Example
A stunt fall on a private staircase means the owner wants indemnity for anything arising from it. The production's insurer accepts, names the owner as additional insured, and the hold harmless clause is negotiated with a carve-out for the owner's own negligence.
Figures are illustrative, chosen to show the mechanics rather than to quote market rates.
Where you'll see it
A clause inside the location agreement, negotiated hardest on stunt and effects locations.
Common mistake
Signing an uncapped, unqualified indemnity to get a location. It should be capped at the policy limit and exclude the owner's own negligence, or the production is insuring risks it cannot control.
Related questions
- What does a hold harmless agreement do?
- It makes the production responsible for claims arising from its activity at the location, so the property owner is not left carrying them.
- Does it replace insurance?
- No. It works alongside the liability policy and the additional insured endorsement. A promise without a policy behind it is worth very little to an owner.