Indemnity

===Without negotiations===
When a contract is {{em|not}} negotiable ([[adhesion contract]]), the wording often lets the indemnitee decide what to spend on legal costs and bill the indemnitor.<ref name="qmul2" /> Most clauses are quite broad.<ref name="qmul2">{{Cite web |last1=Bradshaw |first1=Simon |last2=Millard |first2=Christopher |last3=Walden |first3=Ian |date=2 September 2010 |title=Contracts for Clouds: Comparison and Analysis of the Terms and Conditions of Cloud Computing Services |url=https://www.claydesk.com/wp-content/uploads/2013/10/contracts-for-clouds-comparison-and-analysis.pdf |archive-url=https://ghostarchive.org/archive/20221009/https://www.claydesk.com/wp-content/uploads/2013/10/contracts-for-clouds-comparison-and-analysis.pdf |archive-date=2022-10-09 |url-status=live |location=Rochester, NY |publisher=Queen Mary University of London{{Snd}} Cloud Legal Project}}</ref><ref name="phillips">{{Cite book |last=Phillips |first=Andelka M. |title=2015 IEEE Security and Privacy Workshops |chapter=Genomic Privacy and Direct-to-Consumer Genetics: Big Consumer Genetic Data -- What's in that Contract? |date=2015 |location=San Jose, CA |publisher=[[IEEE]] |pages=60–64 |doi=10.1109/SPW.2015.19 |isbn=9781479999330 |hdl=2262/77428 |s2cid=14504403 |hdl-access=free}}</ref> The following are examples of indemnity requirements from a range of businesses. The last one, Angie's List, limits issues to the user's fault, but decisions and costs are still controlled by the indemnitee (Angie's List).
* "The yacht owner shall indemnify, defend, and hold harmless the marina from any costs, expenses, damages, and against all claims, demands, loss, lawsuits, including judgments and attorney fees for damages to property, injury or life to third parties resulting or arising from the yacht owner's use of the yacht." The lawyer for a boat owners' group interpreted that as meaning: "By signing a marina contract with such provisions, you may find yourself responsible for costs not covered by your insurance policy&nbsp;... What it means is that if your guest is injured at the marina, even if it's the marina's fault, you agree that you will defend the marina against the claim and pay any damages for which the marina is deemed responsible."<ref name="boatus">{{cite journal |url=http://www.boatus.com/magazine/2015/april/marina-contract.asp | title=What's Really In Your Marina Contract? |author1=Fort, Charles |author2=Raul Chacon, Esq. |journal=BoatUS Magazine |date=April 2015}}</ref>
* "You agree to indemnify and hold Uber&nbsp;... harmless from any and all claims&nbsp;... in connection with: (i) your use of the Services&nbsp;..."<ref name="TOS-Uber">{{cite web|url=https://www.uber.com/legal/usa/terms |title=Uber Terms and Conditions |date=2 January 2016 |website=[[Uber]] |access-date=19 February 2018 }}</ref>
* "Occupant shall indemnify and hold Owner [Public Storage] and Owner's Agents harmless from any loss incurred by Owner and Owner's Agents in any way arising out of Occupant's use of the Premises or the Property including, but not limited to, claims of injury or loss by Occupant's visitors or invitees."<ref name="TOS-PS">{{cite web|url=https://www.publicstorage.com/SiteData/RentalAgreements/NJ.pdf |archive-url=https://ghostarchive.org/archive/20221009/https://www.publicstorage.com/SiteData/RentalAgreements/NJ.pdf |archive-date=2022-10-09 |url-status=live |title=Public Storage Lease/Rental Agreement for New Jersey |access-date=19 February 2018 }}</ref>
* "You agree to defend, hold harmless and indemnify edX [founded by Harvard and MIT]&nbsp;... against any third-party claims&nbsp;... in any way related to your use of the Site&nbsp;..."<ref name="TOS-edX">{{cite web|url=https://www.edx.org/edx-terms-service |date=22 October 2014 |title=edX adopted amended Terms of Service |website=Edx.org |access-date=19 February 2018 }}</ref>
* "You agree that you will indemnify and hold harmless NPR&nbsp;... from any and all claims&nbsp;... arising from&nbsp;... (2) your use of the NPR Services, (3) the User Materials you have Submitted on or through the NPR Services, or (4) NPR's publication, distribution or use of such User Materials&nbsp;..."<ref name="TOS-NPR">{{cite web |url=https://www.npr.org/about-npr/179876898/terms-of-use |title=NPR Terms of Use |date=29 June 2015 |website=[[National Public Radio]] |access-date=19 February 2018 }}</ref>
* "If you are using our Services on behalf of a business, that business accepts these terms. It will hold harmless and indemnify Google&nbsp;... from any claim, action or proceedings arising from or related to the use of the Services&nbsp;..."<ref name="TOS-Google">{{cite web|url=https://www.google.com/policies/terms/ |title=Google Terms of Service |date=14 April 2014 |access-date=19 February 2018 }}</ref>
* "Upon request by Bank of America or its Affiliates, you agree to defend, indemnify and hold harmless Bank of America&nbsp;... from all liabilities, claims and expenses, including attorneys fees, that arise from&nbsp;... third party claims arising from your use of the Sites. Bank of America and its Affiliates reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you. Notwithstanding the foregoing, you are not required to indemnify Bank of America or its Affiliates for its own violations of applicable laws."<ref name="TOS-BoA">{{cite web |url=http://corp.bankofamerica.com/business/bi/terms-and-conditions |title=Terms and Conditions for Bank of America Corporation Websites |website=[[Bank of America]] |access-date=19 February 2018 |archive-date=28 May 2012 |archive-url=https://web.archive.org/web/20120528191543/http://corp.bankofamerica.com/business/bi/terms-and-conditions |url-status=dead }}</ref>
* "You agree to indemnify, defend and hold harmless Verizon Parties from and against all losses&nbsp;... related to claims made by any third-party due to or arising out of (a) Submitted Material&nbsp;... (b) your use of the Sites or Resources&nbsp;... Verizon reserves the right to assume the defense and control of any matter subject to indemnification by you, in which event you will cooperate with Verizon in asserting any available defenses."<ref name="TOS-VZ">{{cite web|url=https://www.verizon.com/about/terms-conditions/terms-of-use |title=Verizon Terms & Conditions for websites |website=[[Verizon]] |date=10 December 2015 |access-date=19 February 2018 }}</ref>
* "You agree to indemnify, defend and hold harmless Angie's List&nbsp;... against all losses&nbsp;... arising from: (a) any violation of this Agreement by You; (b) the inaccurate or untruthful Content or other information provided by You to Angie's List or that You submit, transmit or otherwise make available through the Service; or (c) any intentional or willful violation of any rights of another or harm You may have caused to another. Angie's List will have sole control of the defense of any such damage or claim."<ref name="TOS-AL">{{cite web|url=http://my.angieslist.com/AngiesList/ALUserAgreement.aspx |title=Angie's List Membership Agreement{{Snd}} item 26 |date=9 May 2014 |website=[[Angie's List]] |access-date=19 February 2018 }}</ref>