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]

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?    

[Robin4]

@Christina994 

Christina, if an 'accident' happens on your property (within the boundaries of your insured space)  the public liability section of your household insurance policy will cover you, provided your insurer accepts paid rental risks!

There are two potential issue here....

1/..... Many insurers will not extend their insurance coverage to paid rental guests and as soon as they find out that STR is taking place in their insured space they will cancel their cover!

2/.....Insurance coverage is only offered withing the perimeter of the insured space. What this means is a guest can injure themselves on a piece of your equipment on your property but if they, for example, take pushbikes that you may have offered out onto public property, roadways, parks there will be no insurance coverage. The same goes for trail bikes, kayaks, jetskis....anything that can be used in a public space! 

And as @Matt786 mentioned, Damage Waivers will not stand up in a court of law. Unless you can provide professional certification it can be argued that the piece of equipment was not maintained in a fit state for use.

My strongest advice is, don't offer anything to guests that can be used outside the property, don't even allow them to take your dog for a walk! And make sure you have an insurance policy that covers what paying guests might do while they are on your property! Don't think just because you have a household policy that you are automatically covered.....you may not be!

And thirdly, do not expect that Airbnb are going to be your fairy god mother when something goes wrong. In some instances they may accept some form of responsibility but in many instances they don't. What Airbnb offers is a marketing tool, it is not an insurance policy, it is an adjudicated system and is open to individual interpretation! It does not necessarily cover a defined set of events.

Sorry I know that sounds bleak but, when responsibility come knocking most businesses will duck for cover!

Cheers........Rob

[Fred13]

Hey all, trust this finds you in the best of health, spirit and happiness in hosting. I haven't posted in ages, but just happened to be bopping the Internet and checked into this forum, and stumbled on this thread.

I can't speak for all countries, but having gone to law school and being originally an American (lived in the US till 10 years ago), my impression on this issue is - too often the common mentality in the US, is that everyone and any event can can possibly 'qualify' to be either a victim or transfer personal responsibility on someone else; IF they look hard enough or find a lawyer (you got 1.3 million to choose from which means the  highest lawyer-per-capita in the world), to 'invent' a reason. That is why you constantly hear of 'frivilous' lawsuits or absurd ones in the US; to me they are like a lottery and one may get lucky.

I am in Belize and run an island surrounded by water, so I do have my guests sign a waiver and have ~signs~ in my place explicitly stating "Swim and Use Equipment at Your Own Risk'. Every other hotel/tour business here does the same thing, especially because their clientele is mostly Americans and Belize doesn't feel they must 'cover' what should fall under individual responsibility, starting with common sense. IF that would not suffice to eliminate my personal responsibility, I wouldn't be in the STR business in the first place. Regardless, I have always worked 'backwards' in Belize and even when I was in the US.

Meaning, anything that could cause a legal 'problem' should be eliminated or not provided in the first place. I provide kayaks, but would never consider jet skis, who can go 15x the speed and thus 50x the  inherent risk of a slow-moving kayak. Btw, the fact they use the equipment in public places vs. in one's own place I don't think has any legal bearing; in my case, I do not own the ocean which guests have to share with others, so hard to control where they use it.

Remember - 'Nothing Has To Be'. Nothing., when you really think about it. Take good care all and happy hosting. 😉