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CONTRACTS

What does indemnification mean in a contract?

SHORT ANSWER

It means one party agrees to cover the other’s losses or legal costs from certain claims. A broad indemnity clause can make you responsible for problems that aren’t your fault — read it carefully.

Indemnification is one of the most consequential clauses in any contract, and one of the most overlooked. It shifts risk: you agree to compensate the other party for specified losses, damages, or legal costs — often arising from claims related to your work or products. The danger is scope. A narrow, mutual indemnity (each covers losses they cause) is reasonable. A broad one-sided clause can obligate you to cover the other party’s costs even for things outside your control, including their own partial fault. Always check what triggers indemnity, whether it’s mutual, and whether there’s a cap on your exposure.

What to do, in order

  1. Find the indemnification clause — often near liability terms.
  2. Identify exactly what losses you’d be responsible for.
  3. Check whether it’s mutual or one-sided against you.
  4. Look for a cap on your total indemnity exposure.
  5. Narrow overly broad language before signing.

Common questions

Is an indemnification clause bad?

Not inherently — a mutual, narrow indemnity is normal. The risk is a broad, one-sided clause making you liable for losses beyond your control or fault.

Should indemnification be mutual?

Ideally yes — a mutual clause where each party covers losses they cause is fairer than one where only you indemnify the other side.

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Main AI explains documents and general legal rights in clear terms. It is not a law firm and does not provide legal advice. Laws vary by state and change over time — verify specifics for your jurisdiction, and consult a licensed professional for advice on your situation.