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What is Indemnification?

Researched by the BeforeSigning editorial teamLast reviewed: 2026-05-10

Quick answer

An indemnification clause shifts liability — one party agrees to cover losses, damages, or legal fees the other party incurs from specified events.

An indemnification clause shifts liability — one party agrees to cover losses, damages, or legal fees the other party incurs from specified events. They are one of the highest-dollar clauses in any contract.

Examples

  • A vendor indemnifies a customer against IP infringement claims arising from the vendor's product.
  • A contractor indemnifies the owner against injury claims on the jobsite.
  • A mutual indemnification where each party covers losses caused by their own breach.

Why this matters

BeforeSigning flags one-sided indemnities, uncapped exposure, and duty-to-defend language that can bankrupt a small company.

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Frequently asked questions

What is Indemnification?

An indemnification clause shifts liability — one party agrees to cover losses, damages, or legal fees the other party incurs from specified events. They are one of the highest-dollar clauses in any contract.

When does Indemnification matter?

BeforeSigning flags one-sided indemnities, uncapped exposure, and duty-to-defend language that can bankrupt a small company.

What's an example of Indemnification?

A vendor indemnifies a customer against IP infringement claims arising from the vendor's product. A contractor indemnifies the owner against injury claims on the jobsite. A mutual indemnification where each party covers losses caused by their own breach.

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