hold harmless
Hold harmless refers to a contractual provision in which one party agrees not to hold another party liable for certain losses, damages, or claims that may arise from the performance of the contract. Such clauses are commonly included in agreements to allocate risk between the parties. Hold harmless provisions often appear in leases, construction contracts, and service agreements. For example, a lease may include a clause in which a tenant agrees not to hold the landlord responsible for certain injuries or damages occurring on the premises.
The enforceability of hold harmless clauses varies by jurisdiction and by the type of contract involved. Many states restrict or prohibit such provisions in residential leases or other consumer agreements, particularly when they attempt to waive liability for a party’s own negligence. In commercial contracts, however, courts are more likely to enforce hold harmless provisions when the language clearly allocates risk between the parties.
[Last reviewed in March of 2026 by the Wex Definitions Team]
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