Contracts and Agreements

Contracts may contain “hold harmless and indemnification” language which may hold one party responsible for the negligence of another.  The University should not assume unnecessary liabilities in a contract.  For this reason, all significant contracts for services, affiliation agreements or leases of premises should be reviewed by the Office of Risk Management.

Indemnification Policy

Any person who was or is a party or is threatened to be made a party to any threatened, pending or completed action, suit or proceeding by reason of the fact that he or she is or was an employee or agent of the University shall be indemnified by the University against expenses (including attorney’s fees), judgments, fines and amounts paid in settlement actually and reasonably incurred in connection therewith.  Indemnification will be granted if the employee or agent acted in good faith and in a manner reasonably believed to be in or not opposed to the best interests of the University and, with respect to any criminal action or proceeding, had no reason to believe his or her conduct was unlawful.

Releases of Liability

Signed releases of liability are recommended if the University sponsors an event or activity that is voluntary and/or potentially dangerous, or when outside groups use University facilities.  Such releases are signed by either the participating organization or by individual participants (or their parents, in the case of minors). These releases reduce the University’s liability and shift responsibility to the participant.  Contact Risk Management for assistance in drafting appropriate release forms.