Hot tub Waiver?

[Robert-Fleitzand-Carol0]

Hello community, My insurance company is asking my guests to sign a hot tub waiver.  Anyone else get this, is there a way to incorporate the waiver into the air b and b site?

[Sandra126]

Depending on local laws the use of hot tubs and pools can be problematic and I think a waiver would be good if it will stand up legally. I used to have a pool which I wanted to allow guests to use, but the only way to do so legally (and within insurance limits) was to add a digital chemical dispenser, one that gave daily readings. You could not add chemicals by hand and do a manual readout. This made me not want to let guest use the pool at all since the cost to install was several thousand. This law came because of someone dying from swimming in a motel pool if I remember correctly. But chemical dispensers fail, an accommodation with a hot tub near me had 4 guests admitted to hospital with severe chemical burns as the expensive machine generously dispensed with all it had to give.

So if they want a waiver, I think Brilliant Idea! Check your local laws before allowing hot tub use.

[Steve143]

Hello @Robert-Fleitzand-Carol0,

This may come under what Airbnb describe as a contract.

They say that a host may ask a guest to sign a contract.

Airbnb's policy on it is outlined at the link below.

can-hosts-ask-guests-to-sign-a-contract

[Robert-Fleitzand-Carol0]

Is there a way to get a digital waiver signed through the air b and b service?  Like by agreeing to rent to the place they also agree to xyz?

[Paul449]

I just got the same from my insurance company. they want me to insert a hot tub waiver into the rental agreement for my vacation rental on vrbo. They would not suggest words that wold do this. Anyone have an example that would be a good waiver statement?

[Cynthia-and-Chris1]

@Paul449  I found this online - you could modify it to your specifications.  You can find others by searching "Hot Tub Waiver Template"

http://www.alakecabin4u.com/docs/release_and_waiver_of_liability_and_indemnity.pdf

[Aysha-and-Ren0]

Hot tub liability waiver and rules posting.

Hi Airbnb community, after looking at these ideas, I edited other "dangerous activity liability and release documents that I found on line, and formed my own. I am posting the verbiage. Edit as you see fit.... or comment please to help me make it better...  This is for the hot tub in our house.

                            RELEASE & WAIVER OF LIABILITY AND INDEMNITY AGREEMENT for HOT TUB USE

IN CONSIDERATION OF the risk of injury that exists while SOAKING IN the HOT TUB (hereinafter the “Activity”); and

IN CONSIDERATION OF my desire to participate in said Activity and being given the right to participate in same;

I HEREBY, for myself, personal representatives, executors, administrators, assigns, guests, children, heirs, and next of kin, (hereinafter collectively, “Releasor,” “I” or “me”, which terms shall also include Releasor’s parents or guardian if Releasor is under 18 years of age), knowingly and voluntarily enter into this WAIVER AND RELEASE OF LIABILITY and hereby waive any and all rights, claims or causes of action of any kind arising out of my participation in the Activity; and

I HEREBY release and forever discharge XXXX - our names, located at XXXXX - our address Washington DC 20001, (hereinafter “Aysha and Ren”) their affiliates, managers, members, agents, attorneys, staff, volunteers, heirs, representatives, predecessors, successors and assigns (collectively “Releasees”), from any physical or psychological injury that I may suffer as a result, direct or indirect, of my participation in the Activity.

I HEREBY acknowledge that upon entering the hot tub area, I will continuously thereafter, thoroughly inspect such area. My continued presence constitutes an acknowledgment that I have inspected this area and find and accept such areas as being safe and reasonably suited for the purposes of the Activity. I further agree and warrant that if, at any time, I feel or think anything to be unsafe, I and all guests will immediately leave the area and advise Aysha and Ren.

I am voluntarily participating in the Activity and I am participating entirely at my own risk. I am aware of the associated HOT TUB RISKS which may include but are not limited to drowning, heat exhaustion, heat stroke, skin/ear/bladder/lung or other infections, chemical burns or irritations, physical/psychological injury, pain, suffering, illness, disfigurement, disability, economic or emotional loss, paralysis or death.  I understand that these injuries or outcomes may arise from my own or others’ negligence, including that of Aysha and Ren, or from the conditions at the Activity location.  Nonetheless, I assume all related risks, both known and unknown to me, of my participation in this activity. Some of the known risks and precautions are noted below and I have read and understand these:                                                     ______

• Pregnant women, children and those with heart disease ARE NOT ALLOWED IN THIS HOT TUB._____
• If you are taking medication of any kind, or being treated for diabetes, low or high blood pressure, strokes, epilepsy, weakened immune system or other conditions, or are a frail elderly person, consult your physician prior to use of the hot tub. ______
• It is advised to limit your soak in the hot tub to no more than 15 minutes at a time. If you overheat and faint, you can drown. ______
• Shower when you get out to rinse off the hot tub chemicals.                                                               ______
• Keep your head, arms and upper chest out of the water to avoid overheating. Get out if you feel dizzy, overheated, nauseous, or unwell. ______
• Stay hydrated before getting into the hot tub.                                                                                            ______
• Check the chemical strip yourself before getting in to be sure the pH and chlorine levels are at the recommended levels. If not, or if the water looks murky or slimy, don’t get in. Alert us. ______
• Check the temperature. Do not get in if over 104˚. _____
• DO NOT DRINK ALCOHOL or USE DRUGS before or during hot tub use.                                            _____
• Please KEEP the hot tub CLEAN and CLEAR: Shower before you get in to get off most particles, oils, cosmetics and hair and skin products. No shoes, street clothes, pets or glass containers in or around the hot tub. Do not eat, or drink, or use soap and shampoo while INSIDE the hot tub. Do not urinate or spit into tub. And please, no “adult activity” while inside the hot tub. _____
• Don’t get in tub if you have open sores or wounds, or cuts, or diarrhea. _____
• Close the lid when you are finished. _____  
• Do Not sit, lay or stand on the hot tub cover – it will collapse into the hot tub. _____  
• Be careful when getting out so you don’t slip and fall. _____

I FURTHER AGREE to INDEMNIFY, DEFEND AND HOLD HARMLESS the releasees against any and all claims, suits or actions of any kind whatsoever for liability, damages, compensation or otherwise brought by me or anyone on my behalf, including attorney’s fees and any related costs.

I FURTHER ACKNOWLEDGE that Releasees are not responsible for errors, omissions, acts or failures to act of any party or entity involving this Activity on behalf of the Releasees.  In the event that I should require medical care or treatment, I authorize Aysha and Ren to provide all emergency medical care deemed necessary, including, but not limited to, first aid, CPR, use of an AED, emergency transport, and sharing of medical information with emergency personnel. I further agree to assume all costs involved and agree to be financially responsible for any costs incurred as a result of such treatment. I am aware and understand that I should carry my own health insurance.

I hereby acknowledge that I have carefully read this “waiver and release” and fully understand that it is a release of liability. I expressly agree to release and discharge Aysha and Ren and their Releasees from any and all claims or causes of action and I agree to voluntarily give up or waive any right that I otherwise have to bring a legal action against Aysha and Ren for personal injury or property damage. To the extent that statute or case laws does not prohibit releases for ordinary negligence, this release is also for such negligence on the part of Aysha and Ren and Releasees.

I agree that this Release shall be governed for all purposes by District of Columbia law, without regard to any conflict of law principles. This Release supersedes any and all previous oral or written promises or other agreements. This waiver and release of liability shall remain in effect for the duration of my participation in the Activity, during this initial and all subsequent events of participation.

In the event that any damage to equipment or facilities occurs as a result of my or my family’s, guests, or agents willful actions, neglect or recklessness, I acknowledge and agree to be held liable for any and all costs associated with ay such actions of neglect or recklessness.

In the event that any provision contained within this Release shall be deemed to be severable or invalid, or if any term, condition, phrase or portion of this agreement shall be determined to be unlawful or otherwise unenforceable, the remainder of this agreement shall remain in full force and effect.

Print name_____________________________________   Sig________________________  Date_________

Print name_____________________________________   Sig________________________  Date_________

HOT TUB RULES  (to be posted) 

• NO Pregnant women, children and those with heart disease
• ASK your doctor before getting in if you take medicines or have medical condition
• Don’t get in tub if you have open sores or wounds, or cuts, or diarrhea
• SHOWER off particles, oils, cosmetics, hair gels, etc…before getting in
• CHECK the chemical strip and temperature (104 degrees or less) yourself
• No drugs or alcohol use before or during
• No pets, pee, or procreation allowed in the tub
• Limit your soak to 15 minutes at a time
• Keep your head, arms and upper chest out of the water to avoid overheating
• Stay hydrated before getting into the hot tub
• Get out if you feel dizzy, overheated, nauseous, or unwell                                  
• Close the lid when you are finished     
• Do Not sit, lay or stand on the hot tub cover

Be careful when getting out so you don’t slip and fall  

[Sarah3150]

This is great info - thank you!  I am a newer rental owner and our insurance is requiring that we include similar limited liability language in relation to our hot tub as well.  I am just curious if you posted the agreement in the house rules, or if you sent to the renter and have then physically sign and return the hard copy to you?

Thanks!

[Bri9590]

Did you ever get a response to this question? I'm wondering the same thing.

[Autumn12]

Do you have them physically sign the paperwork? I can house 9 people....so is that 9 separate waivers? Or do you post in house rules?

[Rebekah89]

Does anyone have non refundable hot tub deposit? We keep having small things break. Jets, cover parts Lifts, speakers. Can’t always pinpoint who did it. 

[Carter50]

I was wondering the same thing.  I just had my first guest and knew something was up when they texted me and asked where the garden hose was.  When I returned to the house, the hot tub water was so dirty you couldn't see the bottom.  I had to drain and clean the tub (500 gallons).  Good thing I didn't have back to back guests.  For now I'm going to add a security deposit in case this happens again and I am adding a security camera to the hot tub area for proof of misuse.

[Jen7304]

Depends on where you live, not sure if legally you can put a camera by the hot tub/ pool area.