Lease Agreement Question

[Tracy Liggett]

Have a question about the legality of the Indemnification/Liability clauses. I'm just getting started and may take on a few houses as a property manager.

From several example lease contacts, I've seen an indemnification section. The example below is from @Brandon Turner's example contract from his book.

"Landlord shall not be held liable for any act by, or injury or damage to any person on or about the Premises. Tenant shall indemnify, defend, and hold Landlord harmless from all injury, loss, claim or damage to any person or property while on the Premises, or arising in any way out of Tenant's use or occupancy of the Premises."

Sounds great, but then I read in the Kansas Residential Landlord & Tenant Act: 58-2547. Same; prohibited terms and conditions; damages.

(a) No rental agreement may provide that the tenant or landlord: ...

(4) agrees to the exculpation or limitation of any liability of either party arising under law or to indemnify either party for that liability or the costs connected therewith, except that a rental agreement may provide that a tenant agrees to limit the landlord's liability for fire, theft or breakage with respect to common areas of the dwelling unit.

(b) A provision prohibited by subsection (a) included in a rental agreement is unenforceable. If a landlord deliberately uses a rental agreement containing provisions known by such landlord to be prohibited, the tenant may recover actual damages sustained by such tenant.

So, in your opinion, is the indemnification clause legal?