This analysis describes what Kajabi's agreement states, permits, or reserves. It does not constitute a legal determination about enforceability. Regulatory applicability and practical outcomes may vary by jurisdiction, enforcement context, and individual circumstances. Read our methodology
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The Indemnifying Party will have the sole right to conduct the defense of any Claim for which the Indemnifying Party is responsible hereunder, provided that the Indemnifying Party may not settle any Claim without the Indemnified Party's prior written approval unless...
giving the defending party the right to fully control the defense and settlement of the Claim provided, however, that any settlement unconditionally releases Customer Parties or Smartsheet Parties subject to the Claim of all liability...
The Indemnifying Party shall not, without the relevant applicable Indemnified Parties' prior written consent, agree to any settlement on behalf of such Indemnified Parties which includes either the obligation to pay any amounts, or any admissions of liability...
"You also agree to protect and indemnify Kajabi, its affiliates, and its personnel from any claims, costs, or legal fees resulting from your use of a Third Party Service or dealings with a third party provider.Excerpt from Kajabi's Terms of Use
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The clause states: “You also agree to protect and indemnify Kajabi, its affiliates, and its personnel from any claims, costs, or legal fees resulting from your use of a Third Party Service or dealings with a third party provider.”
ConductAtlas has identified this type of provision across 224 platforms. See the full comparison.
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