What is the difference between a hold harmless agreement and a waiver of subrogation?
These are two different types of agreements. About the only thing you can say they have in common is that they are agreements. A hold harmless agreement example would be if you were selling me your business and along with the sale of the business I was taking responsibility for paying some bills that you had incurred for the business. You did not want to be responsible for those bills after the sale. The sale agreement would include language whereby I would “hold you harmless” for the payment of those bills. If I failed to pay those bills, and the creditor came after you for payment and you ended up having to pay, you would have legal recourse through the court system to come after me for reimbursement of the money you had to pay out. A waiver of subrogation is more often used in insurance contracts but may also be used in business agreements. Subrogation is the right you have, in essence, transferred to someone else to sue on your behalf. For example, if you are the victim of a car ac
