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We provide safety training and consulting and have signed…

Customer Question
Good morning. We provide...

Good morning. We provide safety training and consulting and have signed contracts. We now have a client that is about to sign a contract with us but requested that we remove the indemnification clause. Should we re write without that? We have an E & O Policy in place. Thank you.

Lawyer's Assistant: What state are you in? It matters because laws vary by location.

CA

Lawyer's Assistant: Has anything been filed or reported?

There is no case. We have yet to enter into a contract for a year and they want us to remove the indemnification clause.

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

We carry our own E & O Policy

Submitted: 7 months ago.Category: Legal
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Answered in 3 minutes by:
1/7/2018
Lawyer: Olivia Kent, Attorney replied 7 months ago
Olivia Kent
Olivia Kent, Attorney
Category: Legal
Satisfied Customers: 4,700
Experience: Partner at Kent Law Group, LLC
Verified

Hello and welcome to JustAnswer. My name is ***** ***** I'm an attorney. Please note this site is for general information for educational purposes only and does not constitute legal advice. Communicating with an expert on this site does not establish an attorney-client relationship. You might be offered a phone call, but you are under no obligation to accept; the phone call requests don’t come from me - they’re offered by the site - but if you do want a phone call I’d be happy to do that as well.

Essentially, you need to do a cost-benefit analysis - in your head or on paper - as to whether it's "worth it" to you to risk removing the indemnification clause. Basically, that clause is meant to protect you against having to lay out a ton of money to defend yourself in the event something happens with your training. How broad your indemnification clause is could also make a difference. They may be willing to sign it if it is less broad - but, again, you have to decide whether that's "worth it" to you. Please let me know if I've answered your question. If I have, could you please take a moment to submit a rating so that I receive credit for working with you. If you have any follow up questions I would be *happy* to answer them. Experts only get credit for the time and effort we spend on our answers if you rate positively - 5 stars is definitely appreciated but not required! It DOES NOT cost you anything at all to submit a rating; it just allows me to get credit for helping you - otherwise I get no credit at all. You CAN still ask follow up questions after rating. There may be a lag between your question and my answer; this is because I'm either not at my computer or helping someone else but I assure you I will ALWAYS come back and answer your question.

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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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