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Indemnity Agreement
"I need an indemnity agreement for an insurance policy covering up to $500,000 in damages, with a 2-year term, including clauses for subrogation rights and exclusions for intentional misconduct."
What is an Indemnity Agreement?
An Indemnity Agreement is a legal promise where one party agrees to protect another from financial losses, damages, or legal claims. In Saudi business practice, these agreements commonly follow Shariah-compliant principles and must align with the Kingdom's Commercial Courts Law.
Companies operating in Saudi Arabia use these agreements to manage risk, especially in construction, oil and gas, and financial services. The indemnifying party typically covers costs like legal fees, settlement payments, and damages that arise from specific events or business activities. Many Saudi corporations require these agreements before entering major contracts, particularly when dealing with international partnerships or high-value projects.
When should you use an Indemnity Agreement?
Use an Indemnity Agreement when entering business relationships that carry significant risks in Saudi Arabia. Common scenarios include construction projects where contractors need protection from worksite accidents, manufacturing partnerships where product defects could lead to claims, or service contracts where errors might result in financial losses.
These agreements are particularly important for joint ventures under Saudi commercial law, especially when dealing with high-value assets or complex operational risks. Companies operating in regulated sectors like banking, healthcare, or petrochemicals need these agreements to protect against regulatory penalties, third-party claims, and unexpected liabilities that could impact their business operations.
What are the different types of Indemnity Agreement?
- Hold Harmless Indemnity Agreement: Provides complete protection from all liability, commonly used in construction and property management.
- Mutual Indemnification Agreement: Both parties agree to protect each other, ideal for business partnerships and joint ventures.
- Personal Indemnification Agreement: Covers individual liability protection, often used by corporate officers or consultants.
- Tax Indemnification Agreement: Specifically addresses tax-related liabilities and obligations under Saudi tax regulations.
- Parental Indemnity Form: Used for activities involving minors, common in educational and recreational settings.
Who should typically use an Indemnity Agreement?
- Construction Companies: Frequently use Indemnity Agreements to protect against worksite accidents and project delays in major Saudi development projects.
- Corporate Legal Departments: Draft and review agreements to ensure Shariah compliance and alignment with Saudi commercial laws.
- Financial Institutions: Require these agreements for large transactions and investment partnerships in the Kingdom.
- Oil and Gas Companies: Implement comprehensive indemnification for contractors and subcontractors in high-risk operations.
- Government Contractors: Need these agreements when engaging in public infrastructure projects or providing services to Saudi government entities.
- Insurance Companies: Review and validate agreements to ensure proper risk coverage and compliance with Saudi insurance regulations.
How do you write an Indemnity Agreement?
- Party Details: Gather full legal names, commercial registration numbers, and authorized signatories of all involved parties.
- Risk Assessment: Identify specific risks, potential losses, and liability scope to be covered under Saudi law.
- Duration Terms: Define the agreement's start date and end conditions, considering Shariah-compliant timeframes.
- Financial Limits: Specify maximum indemnification amounts and any exclusions in Saudi Riyals.
- Compliance Check: Ensure alignment with Saudi Commercial Courts Law and relevant industry regulations.
- Documentation: Collect supporting documents like commercial licenses and board approvals.
- Digital Template: Use our platform to generate a customized, legally-sound agreement that meets all Saudi legal requirements.
What should be included in an Indemnity Agreement?
- Party Identification: Full legal names, addresses, and commercial registration details of indemnifier and indemnitee.
- Scope Definition: Clear description of covered risks and obligations under Shariah principles.
- Compensation Terms: Specific financial limits and payment mechanisms in Saudi Riyals.
- Duration Clause: Clear start date and termination conditions aligned with Saudi contract law.
- Governing Law: Explicit reference to Saudi Commercial Courts Law and applicable regulations.
- Force Majeure: Provisions for unforeseen events according to Islamic principles.
- Dispute Resolution: Specified Saudi court jurisdiction or approved arbitration procedures.
- Signature Block: Space for authorized signatories with official company stamps.
What's the difference between an Indemnity Agreement and an Affidavit and Indemnity Agreement?
An Indemnity Agreement differs significantly from an Affidavit and Indemnity Agreement in both scope and legal function within Saudi Arabia's legal framework. While both documents deal with protection against losses, they serve distinct purposes and are used in different contexts.
- Legal Structure: An Indemnity Agreement focuses purely on risk transfer and protection, while an Affidavit and Indemnity Agreement combines sworn statements with protection provisions.
- Evidentiary Value: The affidavit component adds a sworn testimony element, making it stronger for court proceedings under Saudi law.
- Usage Context: Standard Indemnity Agreements are common in business transactions, while Affidavit and Indemnity Agreements are typically used when formal declarations are needed alongside protection.
- Verification Requirements: Affidavit versions require notarization or official authentication, while basic Indemnity Agreements often don't need this extra step under Saudi commercial practice.
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