Post a liability waiver form on AirBnB site for river property

[Tj3]

I have a place on a river with canoes and kayaks. It is a lovely place for outdoorsmen, but there are about 100 ways to get hurt, bitten or drowned if you don't know what you're doing or aren't keeping an eye on your kids. I would like to post a liability waiver form of my own before the renters arrive. Is this possible? any suggestions?

[Clare0]

@Tj3 You might want to check with Airbnb on this, but my first blush thought was to include this language in your House Rules and asking guests to read and agree to the liability waiver before accepting a reservation.  Don't know whether it's enforceable or not and whether Airbnb would back you up in the event of a lawsuit.  Or, alternatively, you can tell prospective guests in your House Rules that you will require them to sign a liability waiver upon arrival.  Most people would want to read it before accepting though.  

I'd be interested to know what you find out!

[Colleen32]

I just added a House Rule that they must agree to a liability waiver that will be emailed to them immediately upon booking.   I don't know yet if it will impact my booking rate or occupancy. But I've decided if they can't agree to a waiver, then I don't want to host them. I have kayaks, swimming and 60 acres of hiking.

[Clare0]

@Colleen32 you can do this providing that you clearly disclose (top of the house rules list so guests don't have to click on "More") the terms of the waiver in your listing.  This way, a guest can decide whether to book or not based on your terms. 

If your guest is unaware of your waiver terms prior to booking, they can request that you cancel which I'm sure you would not want to do.  

Here's the Airbnb link on this: 

https://www.airbnb.com/help/article/465/can-hosts-ask-guests-to-sign-a-contract

[Colleen32]

Great idea, Clare!  The waiver paragraph is too long for the House Rules, but I can easily add the waiver to my description!  The House Rules can just refer to that paragraph!  Thanks!

[Ashley169]

Hi Colleen.... Thanks for the info here! I have 200 acres of land that has waterfalls and hiking trails and was needing info on liability. Would you mind sending me a message on to what form you send to your guest?

Thank you,

Ashley 

[Colleen32]

Hi Ashley, your place sounds lovely. While my top priority is safety, my guests' convenience is a close second.  So here is what I've done, which seems to be working.

1) I obtained a liability policy from Proper Insurance specifically for my Airbnb listing.  The agent, Ashley, went through my listing photographs and description very thoroughly and asked all the appropriate questions before giving me the rate.

2) Because I trust Airbnb's vetting process and I know that guests have to upload personal documents just to obtain an Airbnb account, I didn't want my guests to have to sign any additional things.  Since guests have to agree to the House Rules before booking, I decided to make one of my House Rules "Guests agree to read, understand and adhere to the Liability Waiver at the end of my listing Description."  The liability waiver is too long to fit in the House Rules.  The last paragraph of my Description reads:

Liability Waiver:
You understand that swimming, hiking and the use of kayaks is at your own risk and that special risks may be involved with swimming, hiking and using the kayaks. You accept full responsibility for any bodily injury arising from swimming, hiking and use of the kayaks and hold owner harmless. You understand there are potential dangers that swimming, hiking and the use of kayaks may present to children who are not carefully supervised, as well as the danger to any person swimming, hiking or using the kayaks if a person has health risks, or if a person swims, hikes or uses the kayaks while intoxicated or using any kind of drugs or medication, or while pregnant. You agree to be fully and solely responsible for any accidents you may incur. You understand the risks discussed above and agree that you will assume all responsibility for yourself and for the consequences of those in your party. You agree to waive any claim whatsoever against owner for accidents or claims arising from swimming, hiking or using the kayaks. All Airbnb Guests in my party acknowledge and agree that they have read and understand this waiver and they acknowledge that confirming below constitutes a binding and enforceable contract between Airbnb Guests and Airbnb Host.

And finally, I had to purchase a "Swim at your own Risk" sign and lifesaver ring and hang them prominently at my dock.

Proper gave me two weeks to mount the sign and lifesaver and email them a photograph as proof.

I hope this helps.  I actually feel much better with these things in place and my Proper Insurance policy.

Maybe you can see my listing in Kingston, TN.  River Ridge Estate. 

Thanks!

[Jessica586]

So you don't have them sign a seperate waiver upon arrival? I'm trying to work through this as well. 1/2 acre pond - primarily used for fishing. I've put up signs and lifesaver ring as well.

[Colleen32]

No, they don't sign anything. The Airbnb guests are supposed to adhere to all House Rules, and since my last house rules is that they must agree to my Liability Waiver in my Description, I believe I'm covered. They can always say they didn't read it, but I could always say they should not have checked in without adhering to my house rules, which is an Airbnb rule. All of my guests have been courteous!

[Fred13]

Hmm Just a thought @Colleen32. I wonder if such 'heavy' information serves to spook possible guest unnecessarily because it ~may~ give the impression to many that it is indeed a 'dangerous' place. Fear is 'popular' today, as is a shirking of personal responsibility. Perhaps...

   Mentioning that 'considering it is an outdoor-oriented place we do ~have~ a liability waiver form". Soft presentation and pre-warning, note the word 'have' not 'have to sign'.

   Personally upon arrival I would have them sign one, in this way the potential hustle that 'I didnt see the warning' is eliminated. Claiming ignorance is also most popular.

   I would also 'examine' closely the liability form itself that you are using, oftentimes they are written way 'over-the-top' by super-uptight lawyers that see a lawsuit behind every tree. They may be versed in law, but oftentimes know squat about ~business~ though most fancy themselves 'brilliant' on the subject. Like the old joke goes among true business people, if want to kill a business deal, all one have to do is show up with a lawyer.

   This is what I do, having gone to law-school, but in business all my life - I combine the login (lodging) form AND tight Liability Form all in one, signature at the bottom of the ONE page; in 300 guests not one has refused nor even make a comment about signing it, I guess they take it as part of the 'deal'.

   Good luck

[Matt3203]

Hi Fred, we're new to this. Can you help us understand what is in your login(lodging form please?  Any chance you have one to share? 

[Jonathan1321]

Great info! Would you mind sharing your  login (lodging) form AND tight Liability Form ?

[Maria3268]

I see this is a very old post!!!

However now I'm in the same position. Not sure if this worked out for you guys?

I have to have the waiver, sign for swimming at your own risk plus lifesaver ring. I purchased the sign from Home Depot is plastic now looking for aluminum one.

[Jonathan1321]

Great info! Is the waiver the same? Have you changed it since 2017? Have you changed the way they acknowledge the waiver such as wet signature or is it still on your listings?

[Jade303]

How do I add the liability waiver to my listing, so guest can read it and acknowledge it when booking?