How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Ray Your Own Question
Ray
Ray, Lawyer
Category: Legal
Satisfied Customers: 38377
Experience:  30 years in civil, probate, real estate, elder law
8534270
Type Your Legal Question Here...
Ray is online now
A new question is answered every 9 seconds

What does this sentence mean: As an independent consultant

Customer Question

What does this sentence mean:
As an independent consultant we agree to mutually indemnify each other for all conduct and activity.
Submitted: 1 year ago.
Category: Legal
Expert:  Ray replied 1 year ago.

Hi and welcome to JA. Ray here to help you today.

It means if either are sued for something that occurred here that involved both of you that both are liable and that the other party would reimburse the party sued here.

Usually this is even more one sided the consultant agrees to reimburse and hold harmless, this is really pretty evenly written.You can usually negotiate it out here or at least try if you want to.

I appreciate the chance to help you today.Please let me know if you have more follow up.Thanks again.

Expert:  Ray replied 1 year ago.

Pretty standard among consultant agreements, here is more information.

http://www.camillericlarke.com/EnvironmentalNews/newsView.asp?NewsId=4096815

Customer: replied 1 year ago.
Thank you Ray. So is there any protection from one party suing the other here - not a third party?
Expert:  Ray replied 1 year ago.

This really only comes into play if there is a third party suit you both agree to be equally liable and it has to involve something you were both involved in as well.Again this is fairly written and not nearly as oppressive as it could be here.

Customer: replied 1 year ago.
if the other party in this agreement decides to sue here, there is nothing preventing them from doing so?
Customer: replied 1 year ago.
There is nothing that can prevent the other party from suing the partner?
Expert:  Ray replied 1 year ago.

No but you both agree to be equally liable so recovery for either one would be equally liable.It assigns 50-50% fault so for instance any suit would would be reduced by 50%.This really is for suits or claims by third parties here and thats what it is used for.

Customer: replied 1 year ago.
Ok, is there any way that if the contract is terminated that this is not in effect?
Expert:  Ray replied 1 year ago.

Only if you add such language.

As an independent consultant we agree to mutually indemnify each other for all conduct and activity. The parties agree that such indemnification ends in the event he contract is terminated on the date of termination.

Something like that-- it is negotiable.

Expert:  Ray replied 1 year ago.

If you can leave a positive rating when we are done it is always much appreciated.