protection
Indemnification
Definition
A contractual obligation where one party agrees to compensate the other for losses, damages, or legal costs arising from specified events—typically the indemnifying party's own actions, misrepresentations, or breaches of the agreement.
For Creators
One-sided indemnification clauses that require only the creator to indemnify the brand are common and dangerous. You could be on the hook for the brand's legal costs if your content is ever challenged. Push for mutual indemnification so the brand equally covers you.
For Brands
Creator indemnification protects the brand from third-party IP claims, false advertising allegations, or FTC enforcement actions arising from creator misconduct. Ensure the clause covers attorneys' fees and is not limited to third-party claims.
⚠ Red Flag Warning
Unilateral indemnification requiring only the creator to defend and hold harmless the brand—with no reciprocal obligation—leaves creators exposed to the brand's own legal problems.
Sample Contract Language
“Each party shall indemnify, defend, and hold harmless the other party and its officers, directors, and employees from and against any third-party claims, damages, losses, and reasonable attorneys' fees arising from such party's breach of this Agreement or infringement of any third-party intellectual property rights.”
Appears in 5 contracts
Browse related contracts →Contracts containing this term
Endorsement Agreement (Shaquille O'Neal / Papa John's 2022)
Papa John's International / PJMF · March 15, 2022 · EDGAR
Professional Services Agreement / Brand Ambassador (CBD Products)
Tauriga Sciences Inc. (Delaware) · September 24, 2020 · EDGAR
Brand Ambassador Agreement (Jillian Michaels / Giggles N' Hugs v1)
Giggles N' Hugs, Inc. (Nevada) · February 28, 2017 · EDGAR
Brand Ambassador Agreement (Jillian Michaels / Giggles N' Hugs v2)
Giggles N' Hugs, Inc. (Nevada) · 2018 · EDGAR
License Agreement (Cardi B / Whipshots)
Whipshots, LLC (Wyoming) · September 14, 2021 · EDGAR