Free New Mexico Hold Harmless Agreement Form

New Mexico Hold Harmless Agreement

This Hold Harmless Agreement ("Agreement") is entered into on this ______ day of ____________, 20__, by and between ___________________________ ("Promisor") and ___________________________ ("Promisee"), collectively referred to as the "Parties".

WHEREAS, the Promisor agrees to indemnify and hold the Promisee harmless from any loss, liability, damage, or costs that may incur regarding the activity, service, or use of property located in the State of New Mexico, and;

WHEREAS, the Parties wish to set forth the terms and conditions upon which such promises of indemnity shall be made. This Agreement will be governed by and construed in accordance with the laws of the State of New Mexico, without regard to any principles of conflicts of law.

NOW, THEREFORE, in consideration of the foregoing, and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties agree as follows:

1. Indemnification. The Promisor agrees to hold harmless, indemnify, and defend the Promisee (including the Promisee's officers, agents, and employees) from and against any and all claims, losses, liabilities, damages, judgments, penalties, costs, and expenses (including reasonable attorney’s fees) attributable to any act or omission of the Promisor, or their agents, employees, or contractors in connection with the Promisor's activities or use of the specified property or services within New Mexico.
2. Scope of Agreement. This Agreement is intended to provide a broad indemnification and includes any liability or claim resulting from personal injury, death, and property damage caused in whole or in part by any act, error, omission, or negligence of the Promisor or anyone for whom the Promisor is legally responsible.
3. Exceptions. The indemnity provided herein shall not apply to any loss, damage, or injury that is attributed to the willful misconduct or gross negligence of the Promisee or their agents or employees.
4. Duration. This Agreement shall commence on the effective date as first above written and will continue in effect until terminated by either party upon thirty (30) days’ written notice to the other party.
5. Insurance. The Promisor agrees to obtain and maintain, at its own expense, any necessary insurance coverage that is adequate to fulfill its obligations under this Agreement. Proof of such insurance, listing the Promisee as an additional insured, shall be provided to the Promisee upon request.
6. Governing Law and Jurisdiction. This Agreement shall be governed by and construed in accordance with the laws of the State of New Mexico. Any legal action or proceeding arising under or relating to this Agreement shall be brought exclusively in the courts located in New Mexico, and the Parties hereby consent to the jurisdiction and venue of such courts.
7. Entire Agreement. This Agreement contains the entire understanding between the Parties and supersedes all prior and contemporaneous agreements, negotiations, and discussions between the Parties relating to the subject matter hereof. Amendment or modification of this Agreement shall be effective only if made in writing and signed by both Parties.

IN WITNESS WHEREOF, the Parties have executed this Agreement as of the date first above written:

Promisor's Signature: ___________________________

Date: ___________________

Promisee's Signature: ___________________________

Date: ___________________