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Needs some help understanding an indemnity clause. The first

on is the one I...
Needs some help understanding an indemnity clause. The first on is the one I submitted to them. The second is what they sent back. As a bar, wouldn't an indemnity clause for them be null and void? They could be held responsible for the outcome, say if someone left their bar inebriated and were to cause an accident. I am not sure why they would need protection.

1. The Bar shall indemnify, save and hold harmless sports league, its subsidiaries, parents, affiliates, partners,
agents, officers, managers, directors, employees, members, volunteers, participants, attorneys, heirs, successors, and assigns,
from and against any and all claims, actions, demands, damages, judgments, and expenses (including reasonable attorneys' fees
and expenses), and liabilities of every kind and character whatsoever, which may arise by reason of (i) any act or omission by the
bar or any of its affiliates, partners, officers, directors, employees, participants, volunteers, owners or agents having actual
or apparent authority, or patrons of the bar while on or off the premises owned or controlled by the bar (including players or
participants in the affiliated Sports League), or (ii) the inaccuracy or breach of any of the covenants, representations and warranties
made by the bar in this Agreement. The provisions of this Section shall survive the termination of this Agreement.

2.Both Parties agree to mutually indemnify and hold harmless each other, including each parties affiliates, owners, partners, officers, managers, directors, employees and agents from any and all claims, causes of action, demand, damages, judgments and expenses, including reasonable attorneys’ fees and expenses, which arise out of or relate to (i) any act or omission by Both Parties or any of each parties affiliates, owners, partners, officer, directors, employees and agents (ii) acts or omissions by either parties patrons, participants or players while on bar premises, or resulting from alcohol served to patrons, including players or participants in sponsored sports league, or (iii) the breach of any obligations in this Agreement. The provisions of this section shall survive the termination of this Agreement
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5/10/2013
MDLaw
MDLaw, Attorney
Category: Business Law
Satisfied Customers: 6,135
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Are you asking if such a clause is enforceable?


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Customer reply replied 4 years ago

I am just not sure what advantage they get by including themselves in the clause.

Customer reply replied 4 years ago

And what rights, if any, I would be losing by amending the contract.

In your version, you are asking them to essentially not sue you for anything, including breach of contract. All they have done is made that mutual, which is a very common request, and make it so that you cannot sue them either for acts or omissions or breaches. The very first thing that we lawyers usually do in contracts when we see that the indemnification or any other similar clause is one-sides is to rewrite it to make it mutual.

Please let me know if this has answered your question or whether you need any additional information, Thad. If you do not need any additional information, please leave me a positive rating as that is the only way that we experts get compensated for the time and expertise required to assist you. If you do need additional information, please hit the REPLY or CONTINUE button. Thanks!
MDLaw
MDLaw, Attorney
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Satisfied Customers: 6,135
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Hi Thad,
It appears that you asked an additional question while I was writing. To answer your second question, you would lose the right to sue them for any of the acts or omissions listed.

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Category: Business Law
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