Legal Question in Civil Litigation in California

Re: Hold Harmless Agreement

First, the corporate bylaws should be reviewed, preferably by a competent attorney. Do the bylaws contain indemnification and/or hold harmless provisions protecting officers? Are those provisions drafted so as to be enforceable in a court of law? If not, does the church wish to amend the bylaws? Second, does the church have insurance coverage that covers these types of matters? Third, regarding having parishioners, counselees, or church members date and sign an exculpatory clause before you provide financial advice, such clauses are frequently subject to legal attack and claims of unenforceability. Therefore, legal counsel and advice is vital if you wish to consider using such a document and before using same. Lastly, if you are an officer and member at a Christian church, considerations of including a Christian mediation and/or arbitration clause pursuant to 1 Corinthians 6:1-8 should be considered. If you wish to discuss these matters, please feel free to contact me. The information provided in this response is informational and general only. The subject matter and applicable law in all legal areas is in a constant state of change. No legal advice is given and no attorney/client or other relationship is established or intended.

Re: Hold Harmless Agreement

What Form? One that is properly drafted to take into account the laws, liabilities, issues, facts and needs of all the parties. You are certainly not going to get a document appropriate to your needs, that will be enforceable someday in the future when you get sued, without getting good legal advice. Feel free to contact if you decide to do so.