If you enjoy having parties in your backyard but the thought of someone getting injured is stressful, a legal agreement to protect your interests may be just what you need.

Quality pool builders, like Sunflower Pool and Patio, want to ensure that your beautiful new patio and pool last for years to come without any problems. So, doing everything possible to protect your property and your family from unexpected accidents is a priority. But how do you do that? A hold harmless release agreement is one way.

By having homeowners sign a hold harmless release agreement, you can make them aware that they assume all the risks of contractors working on their properties. This is especially important as most contractors don’t want to bare full responsibility when accidents or unforeseen circumstances occur. Additionally, one study showed that a hold harmless release agreement could protect your assets if someone files a lawsuit against you in connection to the work being done on your property. The agreement can even cover things like the cost of replacing a cut power line left exposed during construction.

Perhaps you want to ensure that strangers don’t try to take advantage of the work being done. Adding a hold harmless release agreement-with additional clauses banning filming or photography of the work site without prior authorization-can help protect your images as well.

Contractors, architects, and other professionals performing work on your home should also have insurance coverage for your protection should someone ever be seriously injured at the job site. In most cases, a building contractor would not be protected from liability under your homeowner’s policy, and a hold harmless release agreement would therefore be recommended. This means that the risk of injury by a homeowner is on the owner’s insurer, not the contractor’s liability coverage.

When you have a pool or patio installed, you are likely already at risk to some degree as pools may increase the chances of injury to children or others on the property, sometimes through no fault of yours. A hold harmless release agreement can relieve some or all of the pain that might fall on you should someone get hurt.

The following scenarios may also apply to you, in which case, you will need a hold harmless release agreement:

With homeowners in mind, Sunflower Pool and Patio likes to provide the added protection by recommending a hold harmless release agreement. Our customers often face the difficult choice of whether to buy their children a lovely swimming pool that adds value to their property or put them at risk of being sued by a neighbor who may claim that their child was injured while swimming in your pool. In general, these lawsuits, while unlikely, may include allegations of owner negligence. Make it clear with your hold harmless release agreement that all risks are assumed by the property owner, including neighbors and their children. When properly drafted, a hold harmless release agreement may protect you in case of premises liability issues, held by the mandates of common law. (California Civil Code sec. 2782)

If you do not require a hold harmless release agreement, you may find yourself facing the following risks:

At Sunflower Pool and Patio, most of our clients are professional people who have considerable assets. Without a shielding hold harmless release agreement, if a neighbor, a guest at a family gathering or one of your children’s friends was injured in some way at your home because of your new pool, they may decide to sue you for compensation. The decision to add this barrier to your pool investment is most assuredly worth the peace you’ll enjoy daily.