For example, if an athlete promotes a product that later faces lawsuits (e.g., a supplement that turns out to be unsafe), this clause determines who is responsible for any legal or financial issues.
Example Contract Language:
Indemnification:
- Company agrees to be solely responsible for, defend, hold harmless and indemnify Athlete from and against third party claims, demands, suits, losses, damages, and expenses thereof (including reasonable attorney’s fees) resulting from this Agreement, including: (i) Company's negligent acts or omissions; (ii) a material breach of this Agreement by Company; (iii) any Company’s advertising, promotion or publicity proven to utilize false, misleading or deceptive advertising, or any unpermitted usage of Athlete’s NIL; and (v) any violation of applicable law, rule or regulation by Company in performing its obligations hereunder.
- Athlete agrees to defend, hold harmless and indemnify Company, from and against any third party claims, demands, suits, losses , damages, and expenses thereof (including reasonable attorney’s fees) arising out of, or in any way connected to: (i) any negligent actions or omissions of Athlete in the performance of the services under this Agreement; and (ii) any material breach of this Agreement by the Athlete.