Nevada voids the indemnity clause a shipper puts in front of you
New carriers sign what they are handed, and the clause most often handed to them is an indemnity. Nevada legislated about that clause, and the statute has no federal counterpart.
NRS 706.298.1 provides that, except as the section otherwise provides and notwithstanding any other provision of law, a provision, clause, covenant or other agreement contained in, collateral to or affecting a contract concerning motor carrier transportation “that purports to indemnify, defend or hold harmless, or has the effect of indemnifying, defending or holding harmless, a promisee from or against any liability for loss or damage resulting from the negligent or intentional acts or omissions of the promisee is against the public policy of this State and is void and unenforceable.”
The definitions decide how far that reaches, and they are broad. A contract concerning motor carrier transportation covers transportation of property for compensation or hire by a motor carrier; entrance onto property by a motor carrier for the purpose of loading, unloading or transporting property for compensation or hire; and a service incidental to either, including without limitation storage of property. So a dock access agreement and a warehousing arrangement are inside the section, not only a freight contract.
Promisee is defined at NRS 706.298.3(b) as a party to such a contract with a promisor, and any agent, employee or independent contractor of the promisee or of any other person who is directly responsible to the promisee — and the term expressly does not include the motor carrier that is a party to the contract, or the carrier’s own agents, employees or independent contractors directly responsible to it. The protection runs one way, toward the carrier.
There is one carve-out and it is specific. NRS 706.298.2 excepts agreements providing for the interchange, use or possession of intermodal chassis or other intermodal equipment, naming without limitation the Uniform Intermodal Interchange and Facilities Access Agreement administered by the Intermodal Association of North America. A carrier that signs into intermodal interchange is outside the shelter for that agreement. The section was added by the 2013 Legislature and read on September 3, 2026.