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?

[Matt786]

A view from the customer perspective - a host has asked me to sign a waiver which removes their responsibility for anything and everything including negligence.  This type of waiver has no place on Airbnb and I wish that Airbnb would take steps to ensure the legality and standards of host waivers.   Here's the language "The undersigned hereby agrees to hold the cabin owner harmless against any and all claims, damages or causes of action for damages arising from injury to persons or property, or loss of life sustained in or about the cabin by any person or persons whatsoever.  The undersigned further agrees that the owners shall not be liable for any personal injuries or damages to any goods, wares or property regardless of how such injuries or damages may be caused, or whether resulting from acts of negligence."

[Casita-By-The-Texas-Bay0]

I think there is nothing wrong with a waiver. 

Hosts are not "big hotel chains" with corporate lawyers. Host asking you to sign a waiver just want to assure the guest is not going to try to blame the host for things that may happen during the course of their visit.

[Matt786]

Thanks for your insights Casita.   A few thoughts.  Airbnb gives every host $1M in insurance.  This removes a lot of the risks for hosts.   Second, it's hard to swallow an agreement where if your negligence causes my death you have no liability but if my negligence breaks your TV you want $500.   Third, the courts have found that such waivers have to be specific about the risks you are accepting so I don't think this waiver is enforceable.   I have reached out to a lawyer and will let you know.

[Lisa723]

@Matt786 Airbnb's host insurance is not to be relied on. Many hosts who counted on it have been burned. Also, your host's insurance company may require this waiver. In any case, if you don't want to sign it you should probably just book elsewhere.

[Bridget332]

Personally, I would Never rely upon AirBnBs 1M Coverage! Always Double Triple Protect Yourself & Your Guest's!! To The Point About 1M AirBnB Coverage..... GoodLuck 2 You In "THE FIGHT"  If You Ever Find Yourself In The Position To Be Making A Claim On AirBnBs 1M Coverage!!! 🙄 🤦‍♀️ 

[Matt786]

I got a response from the attorney.   He says that the waiver as written is not enforceable. 

"The law does not allow someone to waive their duty of care, such as to remediate or correct any dangerous conditions. If the renter is injured due to, for example, bad electrical wiring, a faulty stove or heating system, bad ventilation, loose steps, etc., the owner would be liable. The owner cannot protect himself from conditions in/on his property or his own actions."

[James3358]

@Matt786   Yeah, exempting the host's own negligence does go too far and is likely not enforceable.

However, keep in mind that hosts are not hotel chains. A single accident or injury could result in personal bankruptcy and loss of our property. It's not unreasonable to have a liability waiver as part of the house rules. Clearly, this one goes too far (exempting negligence) but a standard waiver should be part of every host's house rules. People today do some dumb $hit. Just look at Instagram and TikTok. If a guest dies trying to jump off the roof into the swimming pool for a TikTok video, I shouldn't have to lose all my worldly possessions.

[Christina994]

Did the waver affect your hosting business?

Can we see what your waiver looks like?
My husband is a Disabled Vet & we just want to safeguard ourselves, from someone who might fall on our property. As you know, there’s people who will actually hurt themselves, or they were injured prior & lawsuit happy.

Any suggestions, or feedback is greatly appreciated, as we are new to this & doing this for a extra income.

Thanks 

[Colleen32]

Hi Christina,

No, the waiver did not affect my bookings.  The waiver is quite long, written by my insurance company who insisted that: 1) it be in my Airbnb Description (I put it in my listing The Space because it didn't fit in Description), and 2) my House Rules must state that before booking, the Guest must agree to the Liability waiver that's in my Listing Description.  

I'v had no trouble so far, but I keep everything maintained very well.  Also, I have $300k liability coverage for any guest who rides the waive runner.

I realize that there are people who like to make money by suing, but they can do that without even being a guest, just by trespassing.  I choose to take the risk so that I can offer my guests a fabulous stay filled with new experiences.

[Melissa1845]

@Colleen32 , we are in the same boat of our insurance requiring a waiver. How do you get guests to sign this? Do you send them an email?

Thanks!

[Colleen32]

Hi Melissa,

This is how I've been handling it for years.

Airbnb requires Guests to agree to all House Rules, so I have a House Rule that states: "11) Guests agree to read, understand and adhere to the Liability Waiver at the end of my listing Description."

Then I have a long liability waiver at the end of the listing description.  It's too long to fit in the Description box, so I had to drop it into "The Space" box, but it shows up in the Description for guests who are looking.

I've never had a problem, and if I do have one in the future, I can say that guests agreed to the House Rules before booking, as required by Airbnb.  So, they actually don't sign anything, I'm relying on their agreement with Airbnb to adhere to my House Rules.

Here it is:

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 your party acknowledge and agree that they have read and understand this waiver and they acknowledge that booking constitutes a binding and enforceable contract between Airbnb Guests and Airbnb Host.

[James3358]

Question @Colleen32 : Why not just put the waiver in the House Rules, which guests explicitly agree to follow?

[Adi27]

Hi @Colleen32 , thanks for this input on waivers.

Do you also provide the kayaks and other water sports equipment? I have two canoes and two kayaks. I am debating whether I should provide them to guests. Even with the liability waiver, I can be sued if they claim the boats and life jackets were not properly maintained / functional.

[Stephanie2841]

Thanks Colleen32. I’m just setting up my first STR . It’s on the water and with kayaks. I’m trying to decide what to do  and where to put the info. Your comment was very helpful . Thanks so much!

[Blanco-River0]

From my understanding, a person cannot waive the rights of another person.   Which means the primary cannot "sign" or "agree via Airbnb" for the other guests.    That does make sense.  So your waiver just covers the primary.     Anyone know otherwise about this?