Are the indemnification clauses in Online agreements virtually never enforced?

Asked over 1 year ago - New York, NY

Does the following clause from an online agreement mean I have to pay all their legal fees if there was ever any litigation even if I did nothing wrong, and are these clauses (in online agreements) virtually never enforced?

By publishing and making available for sale Cover Images through Your account, You authorize the Company to make Your Cover Images available for sale on the Company Template Marketplace and/or on its Partners' sales channels. Company shall not be held liable for any damage caused by Your Cover Images and is to be held harmless in the event of any litigation resulting from its use by Customers, which includes being absolved of any and all legal fees.

Governing law. The laws of the Province of British Columbia govern these Terms and Conditions

Attorney answers (3)

  1. Alan James Brinkmeier

    Contributor Level 20

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    Answered . That's what it says

  2. Eric Edward Rothstein

    Contributor Level 20

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    Answered . It is an indemnification and hold harmless clause. I don't know how often a company tries to enforce them and I don't know British Columbia law. Assuming a company did go after someone they would still have to collect and their ability to do that would depend on the person's assets.

    I am a former federal and State prosecutor and have been doing criminal defense work for over 16 years. I was... more
  3. Jayson Lutzky

    Pro

    Contributor Level 20

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    Answered . Post for a lawyer in British Columbia, Canada, since that is the choice of law selected and not NY.

    If this answer is helpful, then please mark the helpful button. If this is the best answer, then please indicate... more

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Business contracts

A contract is an agreement voluntarily entered into by two or more parties that is intended to create legal obligations between them.

Business

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