Pool Liability Addendum

[Randy730]

We host a home with a Pool where we state in the home manual and check in instructions, the rules for the use of the pool. I was wondering if other pool owners go beyond this by having a liability addendum for guest to sign? I'm sure its in our best interest to have this but was wondering what other pool owners are doing to protect ourselves?

[Alicia753 · Accepted solution]

Hi @Randy730 ,

Having a liability addendum for guests to sign when using amenities like a pool is indeed a prudent measure. This kind of addendum typically outlines the rules of usage, reiterates safety guidelines, and clearly states that guests are using the pool at their own risk, which can help protect you as the host from certain liabilities.

Here are some steps and considerations other pool owners often take to enhance safety and reduce liability:

Liability Waiver/Addendum: Many pool owners include a specific waiver or addendum in their rental agreement that guests must sign before using the pool. This document generally outlines safety precautions and transfers some of the liability risks to the users.

House Rules and Manual: Continue to clearly state pool rules and guidelines in your house manual and check-in instructions. Make sure these are easily accessible and visibly posted near the pool area as well.

Safety Features and Equipment: Ensure that the pool area is equipped with safety features such as non-slip surfaces, adequate fencing, pool covers, and lifesaving equipment. Regular maintenance checks are crucial to ensure all safety equipment is in good working condition.

Regular Maintenance: Keep the pool and surrounding area in excellent condition. Regular maintenance not only pertains to water cleanliness and chemical balance but also to the physical condition of ladders, diving boards, and pool edges.

Insurance: Check with your insurance provider to ensure that your homeowner’s policy includes coverage for guests using your pool. Some policies may require additional liability coverage for pool owners.

Educate Your Guests: Provide guests with a brief orientation if possible, especially for families with children, on the safe use of the pool. This can include aspects like no diving rules, keeping the pool area gate closed, and not swimming alone.

Emergency Information: Make sure that clear instructions in case of an emergency are available and include local emergency numbers, the nearest hospital location, and a basic first aid guide.

Seeing what measures other hosts have implemented and consulting with a legal professional can provide further personalized advice tailored to your specific situation and local regulations.

This can help ensure you're well protected while offering a great experience to your guests.

I hope this helps!

All the best,

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[Rebecca]

Hi @Alicia753 👋

Me again! It's lovely to see you joining in conversations!  I just wanted to remind you that if you type "@" and then the username, this will tag the member that you're replying to. This ensures that they get a notification that you've replied to them specifically 🤗

I hope this helps to keep the conversation flowing, and if you've got any questions, just ask. Have a wonderful day! 🌼

[Randy730]

@Alicia753 Really appreciate the detail you provided in your message! This is great insight and I'm sure all of us with pools found your reply valuable! Can you share some examples of the addendum and even house rules you are currently using? This would be a great resource for all of us with Pools. Many Thanks!

[Marie8425]

@Randy730 

Just was on the Arizona news this week.  In an Airbnb rental a 7 year old guest was found in the pool and rushed to the hospital.  Especially in Arizona for private residence pools there arfe many accidental drownings.  Our state laws actually have certain mandates if renting a house with a pool to someone with minors because so many accidents to prevent accidents like if no pool fence then patio doors require a special higher lock be installed so a small child can't just open

[Jonathan2534]

Hi @Randy730 ,

Yes it's worth having guests E-sign a waiver.  I have a pool and have not set this up yet.

I did  place a waiver into the rules section of my listing. I was told by Airbnb that anything within that particular section is legally binding, I have not verified that with a lawyer yet. 

A waiver and release is also shown in the house description section, and is printed in my homes handbook. I had guests book time before I could implement a way for them to sign a waiver, I'm looking into if I can ask them to do it after booking.

[Rebecca]

Hi there @Jonathan2534 👋

It's lovely to see you joining in conversations on the Community Center! I just wanted to pop by and share that if you type "@" and then the username, this will tag the member that you're replying to. This ensures that they get a notification that you've replied to them specifically 🤗

I hope this helps to keep the conversation flowing, and if you've got any questions, just ask. Have a wonderful day! 🌼

[Randy730]

Thanks @Jonathan2534  for taking the time to reply. Great guidance and much appreciated. Did you set up your rental in an LLC? I am looking into this as well.

[Randy730]

One other thing. Can you share a copy of the liability addendum you are planning to use for your property? This could be a great reference for those of us in the same boat. Many Thanks.

[Jonathan2534]

Hi @Randy730 , this is what's in my House Rules section. It's a combination of two leases I've used with brokers in the past. The broker lease is longer. I took that parts that apply to pools, and waivers to protect myself. Read my note after this post. 

CONDITION OF THE PREMISES: The Premises shall be delivered to Guest in clean condition, Guest shall return the Premises in the same condition as delivered to Guest. Guest agrees to make no alterations to the Premises or the furniture contained therein, including, without limitation, material moving of furniture, or removal to storage of any of Home Owner's furnishings. Home Owner shall use its best efforts to ensure the operation of all amenities in the Property, such as internet access, cable TV access or pool as applicable. Home Owner shall not be held responsible for such items failure to work, but will make every effort to correct any issues as reported as quickly as possible. Guest acknowledges that use of amenities such as pools, spas, fireplaces, decks, and the like may be potentially dangerous and involve potential risks if improperly used, particularly with regard to children and such use is at the Guest’s own risk. Guest shall use the Property for residential purposes only and in a careful manner to prevent any damage or loss to the Property and keep the Property in clean and sanitary condition at all times. Guest and any additional permitted guests shall refrain from loud noise and shall not disturb, annoy, endanger, or inconvenience neighbors, nor shall Guest use the Property for any immoral, offensive or unlawful purposes, nor violate any law, association rules or ordinance, nor commit waste or nuisance on or about the Property.

LIABILITY: Home Owner is not liable for loss, expense or damage to any person or property unless it is due to Home Owner’s gross negligence. Guest must pay for damages suffered and money spent by Home Owner relating to any claim arising from any act or neglect of Guest, Guest's family, employees, guests, and invitees. Guest shall be responsible for the cost and expense of repair or any cost relating to any claim arising from any act or neglect of Guest, but shall make no repair without first obtaining the express authorization of the Home Owner.

INDEMNIFICATION: Guest hereby indemnifies and holds Home Owner/ Host harmless from and against any liability, damage, expense, judgment, claim or other loss, including reasonable attorney’s fees, arising from Guest's default, or use and occupancy of the Premises, unless caused by Home Owner's gross negligence. Further, Guest acknowledges and agrees that it will faithfully and diligently supervise each and every minor that is at, near or in the swimming pool, and trampoline. Guest acknowledges that pool safety devices are not sufficient to prevent injury or death to someone not adequately supervised at, in or near the pool area. Guest shall be responsible for any of Guest’s, (or guests’ or invitees’) safety and possessions at the Premises.

GUEST OVER STAY: If guests hold over in occupancy of the premises after the expiration of the term, the guests shall become a tenant at sufferance only, at a rental rate of $3,000 per day ( or Pro Rated ), and otherwise subject to the terms and conditions of this lease, so far as applicable, and shall be liable for all damages sustained by the landlord on account of such holding over including lost profits.

RELEASE: Guest hereby waives and releases any claims against the Property owner and their successors, assigns, employees or representatives, officially or otherwise, for any injuries or death that may be sustained by Guest on or near or adjacent to the Property, including any common facilities, activities or amenities. Guest agrees to use any such facilities or amenities entirely at the Guest’s own initiative, risk and responsibility. By electronically accepting this agreement, guest agrees to abide by the above conditions and hereby swear the information provided upon booking is true. Guest agrees to the terms of this agreement and has read and understands the cancellation policy and give operator permission to charge credit card accordingly.

[Jonathan2534]

I did read through ALL the Airbnb legal terms. It takes a while. 

If you want to have a guest sign a waiver, or lease you need to disclose it to them before booking, and you must send it to the guest through the message system. ABB tells guests they are under no obligation to sign anything. So if you want them to sign during check-in you're out of luck if they say no. 

Since ABB blocks links it makes it difficult to send it for signing online. I still plan on calling ABB customer service and asking for a way to do this. At the least I want to send the waiver and release part. As far as I can tell you're totally exposed if someone decides to sue for any reason, ABB is not going to defend you.