WeConservePA has updated its guide, Indemnity Agreements and Liability Insurance: Protection From Claims Brought by Third Parties.
First published in 2014, this legal guidance for land trusts and other conservation nonprofits was reviewed and updated by WeConservePA’s Executive Director Andy Loza, Communications Specialist Robert Campbell, and new Director of Conservation Law (and member of the PA Bar) Justin Hollinger.
An individual or organization’s risk of being held liable for personal injury or property damage may be shifted to another party who agrees to accept the risk and who holds liability insurance or sufficient assets to back up the acceptance of the risk. A release agreement guards against a successful lawsuit by the person signing the release; an indemnity agreement, in contrast, ensures that if some other person sues, the indemnifying party will be responsible for handling the claim.
The guide explores liability through a number of different lenses, and relates to other WeConservePA guidance such as: Guide to Pennsylvania’s Recreational Use of Land and Water Act; Reducing Liability Associated with Public Access; Release of Liability Form.