Translation agreement and insurance clause
Thread poster: Ana Ramirez

Ana Ramirez  Identity Verified
United States
Local time: 21:33
English to Spanish
+ ...
Jul 7, 2006

I am signing an agreement with a partner for translation services. The insurance company has asked me to include the following paragraph as mandatory.


(b) Indemnification & Hold Harmless. To the fullest extent permitted by and in compliance with applicable law, Vendor agrees to protect, defend, indemnify and hold harmless the from and against all damages, liability, losses, claims, suits, actions, administrative proceedings, regulatory proceedings/hearings, judgments and expenses, subrogation’s (of any party involved in the subject of this Contract), attorneys’ fees, court costs, defense costs or other injury or damage (collectively “Damages”), whether actual, alleged or threatened, resulting from injury or damages of any kind whatsoever to any business, entity or person (including death), or damage to property (including destruction, loss of, loss of use of resulting without injury damage or destruction) of whatsoever nature, arising out of or incident to in any way, performance of the terms of this Contract including, without limitation, by Vendor, its subcontractor(s), Vendor’s or its subcontractor’s (s’) employees and agents, assigns, and those designated by Vendor to perform the work or services encompassed by the Contract. Except as expressly indicated in this Agreement or otherwise expressly agreed in writing; in no event will either party be liable to the other for any special, incidental, or consequential damages under this Agreement. Vendor agrees to pay all damages, costs and expenses of the Indemnified Parties in defending any action arising out of the aforementioned acts or omissions.

My partner is concern about the implication of this paragraph and he says that at the moment of a mistake we both have to share the responsibility. No body, (not even the insurance company) has been able to clarify the implication of this paragraph.

Does anybody know? should translator accept this kind of agreement?
Any advice or past experience to illustrate the case would be greatly appreciated.

Thanks,
Ana


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xxxPRen  Identity Verified
Local time: 21:33
French to English
+ ...
Ana, you'll have to Jul 7, 2006

consult a practising attorney - proz.com members aren't allowed to provide legal interpretations unless they are practising attorneys themselves.

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Steffen Walter  Identity Verified
Germany
Local time: 03:33
Member (2002)
English to German
+ ...
Not quite, Paula Jul 7, 2006

Paula Rennie wrote:
consult a practising attorney - proz.com members aren't allowed to provide legal interpretations unless they are practising attorneys themselves.


See my comment in the "freelance contract" thread:
http://www.proz.com/post/378502#378502

Steffen


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xxxPRen  Identity Verified
Local time: 21:33
French to English
+ ...
Mmmhmm. Jul 7, 2006

See reply: http://www.proz.com/post/378502#378502

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Ana Ramirez  Identity Verified
United States
Local time: 21:33
English to Spanish
+ ...
TOPIC STARTER
common practice Jul 13, 2006

Thank you for your response. I was not looking for legal advice. I was more interested on knowing if this is a common practice among translator and translation agencies. I understand if there is a rule about it. No problem.
Best Regards,


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Translation agreement and insurance clause

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