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Updated about 4 years ago, 11/01/2020

User Stats

139
Posts
67
Votes
Curt Bixel
  • Rental Property Investor
  • Columbus OH (columbus, oh)
67
Votes |
139
Posts

Is this clause typical, or should I be concerned?

Curt Bixel
  • Rental Property Investor
  • Columbus OH (columbus, oh)
Posted

I am considering putting a duplex under management by a short term rental company.  The contract they sent me contains the following clause:

b) Indemnify, defend, and hold harmless the Agent, and all persons in the Agent's firm, regardless of responsibility, from all costs, expenses suits, liabilities, damages, attorneys fees, and claims of every type, including, but not limited to, those arising out of injury or death of any person, or damage to any real or personal property of any person, including the Owner, for:

1. Any repairs performed by the Owner or by others hired directly by the Owner; or

2. Those relating to the management, leasing, rental, security deposit, or operation of the Property by the Agent, or any person in the Agent's company, or the performance or exercise of any of the duties, powers, or authorities granted to the Agent;

This sub-section, and all rights to the Agent’s indemnification, shall be considered void if the Agent exemplifies any willful acts of gross negligence;

Is this pretty standard language for a contract?

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