Vital and Worthless: How Indemnity Clauses Mean Everything and Nothing to the TCPAWorld All at the Same Time

Hi all, Chris Deatherage here, the newly-deemed Duke of the TCPAWorld. A lot of you folks know me from the industry, but don’t worry I’m not going to bore you with my background or life story. Instead, I’m going to bore you with the following disclaimer:

This is NOT legal advice and does NOT establish an attorney-client relationship between you, me, or the Troutman Firm. The following is only my opinion on the subject matter discussed.

Now that the disclaimer is out of the way, I bet you’re asking yourself why you should bother reading this post. The answer to that is simple. I’m about to discuss everyone’s favorite 15 letter word, indemnification. Have I piqued your interest? Well, hopefully by the end of this post I’ll have convinced you that an indemnification clause is both a vital contractual provision and worthless garbage… I swear those aren’t contradictory statements. Just stick with me as we briefly explore the struggle between contractual provisions trying to account for hypothetical situations and the harsh realities of the business world. By the end I promise it will make more sense.