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A recruitment agency who is acting as the company for a client has asked me to sign a contract with the following clause (see LIABILITY AND INDEMNITY below), I’m a bit worried about it because I normally go through an umbrella company who cover things like liability and indemnity and related eg insurance.
My question is are they trying to make me as the temporary worker liable and should this be covered by insurance? Many thanks in anticipation of help ...
14. LIABILITY AND INDEMNITY The Temporary Worker agrees to fully indemnify and hold the Company, the Client and End User harmless from and against all Losses arising from or in connection with:
14.1 any loss or destruction caused by the Temporary Worker of, or refusal to return, any property of the Company and Client (and End User where applicable). The Temporary Worker must return any and all such property by the End Date or earlier if requested by the Company or the Client/End User;
14.2 any breach of clause 10 (Intellectual Property), including but not limited to any claim by any third party that the use or possession of the Work Results infringes the IPR of the Client or a third party;
14.3 any breach of any warranty given or failure to comply with any of the representations and/or undertakings by the Temporary Worker including, unfair or constructive dismissal, redundancy payments, pension, bonuses (discretionary or guaranteed) and other related benefits other than any entitlement in accordance with the AWR;
14.4 any breach of clause 11 (Confidentiality) and/or clause 13 (Anti-Bribery), including but not limited to disclosure of any confidential information or personal data by the Temporary Worker;
14.5 any negligent, wrongful or fraudulent act or omission of the Temporary Worker including a failure to give notice(s) or perform the obligations in accordance with the Agreement;
14.6 the Temporary Worker submitting a fraudulent timesheet or fraudulent information in relation to the Assignment;
14.7 death or personal injury to any person caused by the Temporary Worker in connection with the Agreement (except, for the avoidance of doubt, to the extent that this is caused by the negligence of the Company or Client/End User);
14.8 any breach of the Temporary Worker’s obligations under or pursuant to the Agreement not already referred to in this clause 1
My question is are they trying to make me as the temporary worker liable and should this be covered by insurance? Many thanks in anticipation of help ...
14. LIABILITY AND INDEMNITY The Temporary Worker agrees to fully indemnify and hold the Company, the Client and End User harmless from and against all Losses arising from or in connection with:
14.1 any loss or destruction caused by the Temporary Worker of, or refusal to return, any property of the Company and Client (and End User where applicable). The Temporary Worker must return any and all such property by the End Date or earlier if requested by the Company or the Client/End User;
14.2 any breach of clause 10 (Intellectual Property), including but not limited to any claim by any third party that the use or possession of the Work Results infringes the IPR of the Client or a third party;
14.3 any breach of any warranty given or failure to comply with any of the representations and/or undertakings by the Temporary Worker including, unfair or constructive dismissal, redundancy payments, pension, bonuses (discretionary or guaranteed) and other related benefits other than any entitlement in accordance with the AWR;
14.4 any breach of clause 11 (Confidentiality) and/or clause 13 (Anti-Bribery), including but not limited to disclosure of any confidential information or personal data by the Temporary Worker;
14.5 any negligent, wrongful or fraudulent act or omission of the Temporary Worker including a failure to give notice(s) or perform the obligations in accordance with the Agreement;
14.6 the Temporary Worker submitting a fraudulent timesheet or fraudulent information in relation to the Assignment;
14.7 death or personal injury to any person caused by the Temporary Worker in connection with the Agreement (except, for the avoidance of doubt, to the extent that this is caused by the negligence of the Company or Client/End User);
14.8 any breach of the Temporary Worker’s obligations under or pursuant to the Agreement not already referred to in this clause 1
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