Pool Liability Waiver

[Natasha5]

Hi-

We are renting out our house on Airbnb and we have an in-ground swimming pool.  I'm wondering if we need to have guests sign a liability waiver stating that if something happens to them in our pool that we aren't liable for their safety.  Does anyone else have experience with this?

I rented a house at the beach that came with a golf cart and the owners made me sign a waiver for that.  Surely it's the same for a pool?

Thanks!

[Tania646]

Ask your lawyer but I think the answer is YES.

Gates with locks, signage, VGB compliance, safety rings, depth markers, land more are generally all required once you make your property available to the public.

[Adrian64]

I called Airbnb recently asking this exact question. (Since I am a super host they had given me a number to call.) They said that I can definitely do a waiver for use of my pool, that I would not be held liable for any incidents in regards to the pool. I asked if they could put this in writing for me, and they sent me the following in an email:

 **[Private conversation removed in line with the Community Center Guidelines]

[Janet188]

Hello,

We are new to hosting and we also have a pool and hot tub and would like to protect ourselves. Where can I find a Pool liability waiver form and which liability insurance do you suggest for Texas? I read about peers.org but couldn't find a workable link, I saw Loyd's but would like more options. 

Thank you,

Janet

[Jen8629]

Janet did you find a homeowners policy that would cover renting your house with the pool?

[Tania646]

Note:  Airbnb did not say you would not be held liable.  They said you could SAY that in your listing description. If there is an accident, be sure that the attorney will try to defeat that.

Although Airbnb provides some protection under AirCover, I think you'd be better off with your own insurance policy.

Getting insurance, AirCover, adding language in your listing are not substitutes for operating your pool safely.

[Charles287 · Accepted solution]

Having been in the pool/spa industry for over 30 years, I'll put my 2 cents in...

As for the liability waiver... I seriously doubt that AIRBNB's waiver will cover a host if the pool or spa is not VGB Act (2007) compliant and does not meet the requirements established for restricted access, ie fenced, gated.  You may also be required to meet ADA requirements for pools and swim spas.

If you are not familiar with the VGB Act, here is a link to explain it. 
https://en.wikipedia.org/wiki/Virginia_Graeme_Baker_Pool_and_Spa_Safety_Act

Pools and Spas built before 2007 ARE NOT COMPLIANT, unless you have specifically upgraded to meet the safety requirements established in that ruling.  This involves replacing non-compliant equipment, drains, suction fittings with VGB approved ones that prevent entrapment.

The VGB Act was made enforceable in 2009. So if your spa or pool was installed prior to 2009, I strongly advise having a professional inspect it to insure it meets compliance.

Otherwise, you are inviting a potential risk, that most insurance companies will not support.

Understand that while homeowners with older spas or pools are not required to upgrade for personal use, Your spa or pool can no longer considered for personal use, when you open your home up to public use in a rental situation.

Keep in mind that in all public use spas or pools, the local, county or state health agencies are involved in insuring that health and safety regulations are being met. While you might not consider yourself liable for health and safety with regards to your pool or spa, it only takes 1 guest or tenant who contracts any number of diseases from using your facilities to make your litigation issues wipe out any waivers. You are responsible for the health and safety of your guests. Since pools and spas are potential breeding grounds for a multitide of pathogens, it is important to insure that the water is properly treated, by someone who understands the process.

Signage is a must!  You have to provide safety rules, capacity notices and appropriate contact information near the pool or spa.  If not than once again the waiver is useless.  Yes, you might be to protect yourself against thinks like irresponsible behaviour, like drinking alcohol and then drowning in the spa, but these days, stupidity seems better protected than ever before.

Beyond that I guess the best response is cover your ass and hope you never have to litigate.

[Kate435]

My name is Kate and I am a Health Inspector in Wisconin.  Charles is correct and for most states a license is required to rent out your home to short term rentals.  If you have a pool or whirlpool then you need a license for that as well.  There are state codes that outline the requirements for these licenses.  In Wisconsin it is $126.00 for a lodging license for the year.   You should contact your local or state health department to check on requirements.  We are here to help you through the licensing process.  Educate yourselves before there is a lawsuit.  You are running a business.  When money is exchanged you are liable, regardless of any waiver.  

[Sandra126]

I can add something too: where I am you must have an automatic digital chemical reader/dispenser. You cannot do it by hand. It is very expensive to install, ten years ago when I was considering it is was several thousand dollars. Otherwise the pool is not legal for the public, but each country/state will have their own rules. This can also fail however, a while back four guests in an accommodation ended up in hospital with chemical burns as the spa system had failed and overdosed. So I would do a manual reading as well...

if you read the air message it says ''they will help''. Note HELP. Not PAY.

[Logan11]

We just returned from a lighthouse point rental in Florida where the gates were not locked, it was waterfront with no safety net around the pool and a horrific drop from a grassy area to cement or into the dark canal leading to the ocean.  The step out of the house onto the cement by the pool is oversized and not expected, in addition the pool lights didn't work at night.  The floors were like glass when wet - the house is a horrific nightmare for families.  Instead of relaxing, all you are going to do is fear about losing someone.  We asked for our money back due to the owner being, I suspect, either bi-polar or at the very least unhinged.  She is refusing, we are taking it further.  Please check the pictures very closely, we did not have children but the slick marble in the showers without anything to hold on to created some issues for us besides the tumbling off the large step down to the pool.  Beautiful home housed some nasty secrets.

[Erika395]

I guess you're the reason why waiver and insurance would be necessary....

[Christine1]

@Erika395, it's not clear who your comment is directed at. 

Regards Christine 

[Sofia280]

I decided to update my property by adding a pool and I am going crazy with the same safety concerns. I trust is a plus, but I am concern with the safety of the guest, special kids. Can someone advise me some good "Pool Rules" examples? I want to make sure I don’t missed any relevant information to the guests. Thanks a lot.   

[Cormac0]

@Natasha

it would appear a pool is an accident waiting to happen on the short-term rental scene, for warned is for armed.

In hope your nightly rate is a sufficient reward relative to the risk your taking.

[Abbi8]

Each state / territory / country will have different rules regarding renting out rooms & or your house.

Public pools vs rental pools: I am no expert regarding this but do know that hotels clearly have different legal obligations (for example requiring life guards etc) to public pools. So while Charles is very accurate about public pool requirements I think private rentals will be more akin to hotels in your state / territory / country or have their own regulations entirely. Try googling something like your state / territory/ country and home rental/leasing  pool regulations. 

For example below is a government link for NSW (Australia) 

https://www.olg.nsw.gov.au/sites/default/files/Leasing%20a%20property%20with%20a%20pool%20-%20Fact%2...

someone above also suggested putting your pool rules in the house rules, if your state / country has specific pool regulations then why not add that to your house rules. The guest must read and agree to comply with the house rules to proceed with booking which as I understand it is the equivalent to an online signed waiver. 

[Mark211]

Two things:  Never, ever rely on Airbnb's insurance coverage.  Two, airbnb is in the business of renting as many places as possible. They will happily encourage you to do stupid stuff. Nuance is not their forte.