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View Full Version : Hold Harmless Agreement for Gun Sales ??


eltee
08-19-2008, 9:14 AM
Does anyone have a boilerplate Hold Harmless / Indemnification Form for buyers of firearms? I know every legal document can be, and usually is, challenged but I am still interested in a hold harmless agreement that I can have a buyer sign when he/she buys a firearm or ammo from me.

Just something that indicates the buyer will abide by all laws, use the firearm/ammo in a safe and legal manner, acknowledges that firearms and ammo misuse can and will cause injury/death, and assumes all responsibility, accountability and liability once possession is taken.

THANKS for any help or leads.

Rhys898
08-19-2008, 9:54 AM
INDEMNITY AGREEMENT

FOR VALUE RECEIVED, the undersigned jointly and severally agree to indemnify and save harmless __________________________ ("Indemnitees") and their successors and assigns, from any claim, action, liability, loss, damage or suit, arising from the following:

__________________________________________________ _____________
__________________________________________________ _____________
__________________________________________________ _____________
__________________________________________________ _____________

In the event of any asserted claim, the Indemnitees shall provide the undersigned reasonably timely written notice of same, and thereafter the undersigned shall at its own expense defend, protect and save harmless Indemnitees against said claim or any loss or liability thereunder.

In the further event the undersigned shall fail to so defend and/or indemnify and save harmless, then in such instance the Indemnitees shall have full rights to defend, pay or settle said claim on their behalf without notice to the undersigned and with full rights to recourse against the undersigned for all fees, costs, expenses and payments made or agreed to be paid to discharge said claim.

Upon default, the undersigned further agree to pay all reasonable attorney's fees necessary to enforce this agreement.

This agreement shall be unlimited as to amount or duration.

This agreement shall be binding upon and inure to the benefit of the parties, their successors, assigns and personal representatives.


Signed this _____ day of__________. 20____.

Witnessed:



______________________________ ______________________________
Witness First Party



______________________________ ______________________________
Witness Second Party

bwiese
08-19-2008, 10:36 AM
I don't think it's necessary - or it won't stop anything if something did happen.

Remember that gun sales in CA are mediated by a CA-licensed FFL dealer, with the dealer being an agent for the state of California.

If you're that worried, get an umbrella insurance policy.

hawk1
08-19-2008, 10:57 AM
Does anyone have a boilerplate Hold Harmless / Indemnification Form for buyers of firearms? I know every legal document can be, and usually is, challenged but I am still interested in a hold harmless agreement that I can have a buyer sign when he/she buys a firearm or ammo from me.

Just something that indicates the buyer will abide by all laws, use the firearm/ammo in a safe and legal manner, acknowledges that firearms and ammo misuse can and will cause injury/death, and assumes all responsibility, accountability and liability once possession is taken.

THANKS for any help or leads.

They'll still sue your ***. :TFH:

Prowler
08-19-2008, 11:00 AM
I don't think it's necessary - or it won't stop anything if something did happen.

Remember that gun sales in CA are mediated by a CA-licensed FFL dealer, with the dealer being an agent for the state of California.

If you're that worried, get an umbrella insurance policy.

I would use the Hold Harmless Agreement and any other written and fully-executed disclosure by the Buyer and Seller, and would have additional liability insurance. This is a smart move and well worth it.

eltee
08-19-2008, 2:30 PM
Rhys898...THANK YOU.
Others: yes, I've had an umbrella/all perils addition to my homeowner's policy for decades.
Thanks all.

mikehaas
08-20-2008, 10:04 AM
In 2005 NRA passed federal legislation that protects the industry from reckless lawsuits - S.397 "Protection of Lawful Commerce in Arms Act". I imagine this is probably of interest if you are worried about such events.

http://www.nraila.org/Issues/factsheets/read.aspx?ID=170