Contracting professionals: We bet you know only too painfully well that indemnity clauses are often sticking points in negotiations about contracts involving information technology, be it software, SaaS, AI, or related offerings.

And how sometimes, it seems the contracting parties are talking past each other, neither perhaps really understanding the other’s objections, proposed alternative language, goals.

Let us help.

ARTICLES: Industry thought leader David Tollen frequently publishes insightful, short blogs about technology contracting topics, including indemnities. These are available to you free, on our website (www.techcontracts.com). Here are just some examples:

• The Over-Use of Indemnities

• Should the Limit of Liability Cover Indemnities?

• Don’t Grant a Fault-Based Indemnity

And, you can watch a recording (from April 2025) of David discussing indemnities and limitations of liability with Adam Stofsky (CEO of Briefly), on LinkedIn here: https://www.linkedin.com/posts/briefly-inc_-activity.

TRAINING: In our popular course, “The Indeminar: Indemnities in IT Contracts,” David Tollen explains and demystifies these terms – in a practical, readily actionable way. It is available now, in our On-Demand library, or next live (with Q&A) November 13, 2025. Either way, students receive the slides, certificates, and California CLE. (See below for more information about CLE.)

Topics include:

• Indemnities in general, important vocabulary, “mutual” indemnities

• Intellectual property (IP) indemnities, including typical (and troubling) exceptions

• Data incident indemnities

• Thorny, little-known issues involving “cause”-based indemnities

• Limits of liability, and limits (or not) on indemnity obligations

 

On the fence, and wish you could see a bit of the training before committing your or your company’s hard-earned resources?

• A free sample lesson from the course currently available in our On-Demand library is available to view here.
• In this lesson, “Some Key Concepts and Vocabulary,” David Tollen explains terms the parties may throw around without really understanding (at least in the context of their contract), like “hold harmless,” “indemnify,” “mutual.”

 

Whether you’re a legal professional, business owner, or anyone involved in deal-making, understanding indemnities is crucial for protecting your interests and ensuring smooth transactions. For your convenience, The Indeminar is available:

• On-Demand: c. 1 hour 20 minutes; access for 100 days after purchase, $299.

• Live Webinar: c. 1 hour 45 minutes on November 13, 2025; live Q&A (via chat feature); access to recording for 30 days after; $399.

To see our (frequently updated) catalog of other courses available, please see here. We currently offer:

1. Short On-Demand courses of 1 to 2 hours on a variety of other Focused Topics, including

• Artificial Intelligence Contracts: Drafting and Negotiating;
• Data Terms in AI and Cloud Services Contracts;
• IP Terms in Contracts About AI, the Cloud, and On-Premise Software;
• IT Professional Services Contracts: Typical Terms and Mistakes in Contracts for Implementation, Customization, and More;
• Key Liability Terms in Contracts about AI, the Cloud, and Other Software;
• Top 6 Mistakes in SaaS, AI, and Other Cloud Agreements

 

2. A comprehensive, c. 8 hour Tech Contracts Master Class, available On-Demand now, or next live in the Fall of 2025.

3. Customized offerings for teams.  

Questions? Most can be answered from our website (www.techcontracts.com). But if not, please reach out to [email protected].

Some fine print: Tech Contracts Academy®, LLC is not a law firm, and does not provide legal services. Our publications and courses are intended for general informational purposes only; they are not legal advice. Course participation is subject to our Terms of Use, available for review via each course’s sales page prior to purchase. Course details are subject to change, and may differ as between the On-Demand and live Master Classes.

Continuing Legal Education (CLE):

• California: Tech Contracts Academy is an approved CLE multiple activity provider (MAP). Your CA CLE credit is “participatory” for attending live webinars, “self-study” for watching on-demand courses and recordings of webinars. Credit is “general” unless a subfield is also identified on a course’s sales page. 
•  Other Jurisdictions: We provide a certificate and other resources that may assist students seeking credit outside California. (Jurisdictions differ on whether students may self-report or apply individually and, if so, what’s required.)
•  Please see here for more details about our CLE.