Waivers are a crucial part of managing risk in any hotel offering on-premise activities.
By ensuring that guests understand the risks involved and agree to participate under these conditions, hotels can provide safer and more enjoyable experiences while protecting themselves from potential liabilities.
Why are Waivers Important?
- Liability Protection: They help protect the hotel from legal claims or lawsuits if a participant is injured or experiences a loss during an activity.
- Risk Awareness: They ensure that participants are informed of the potential risks involved in an activity, promoting a greater awareness of safety.
- Clear Communication: They establish clear communication between the hotel and participants about the responsibilities and expectations regarding safety and behaviour.
When Should a Hotel Use Waivers?
Waivers should be used for any on-premise activities where there is a potential risk of injury, loss, or damage. This includes, but is not limited to:
- Physical Activities:
- Fitness Classes: Yoga, aerobics, or any exercise classes offered in the hotel gym.
- Sports Facilities: Use of the tennis courts, swimming pool, or golf course.
- Adventure Activities: Rock climbing, zip-lining, or water sports such as kayaking or jet skiing.
- Equipment Rentals:
- Bicycles: Guests renting bicycles for on-premise or nearby use.
- Water Sports Equipment: Surfboards, paddleboards, or snorkelling gear.
- Special Events:
- Themed Events: Parties, festivals, or other events where physical activities or unusual conditions might be present.
- Workshops and Classes: Culinary classes, craft-making sessions, or any other interactive sessions that involve tools, sharp objects, or hazardous materials.
- Spa and Wellness Services:
- Spa Treatments: Particularly those involving heat, pressure, or equipment like saunas or hot tubs.
- Massage Therapy: Especially if it involves deep tissue or other intense techniques.
- Children’s Activities:
- Kids’ Clubs: Organized activities for children which may involve physical play, arts and crafts, or water play.
- Supervised Play Areas: Any area where children are allowed to engage in physical activities under supervision.
Best Practices for Using Waivers
- Ensure Clarity: The waiver should be written in clear, simple language that is easy to understand.
- Customize for Each Activity: Tailor the waiver to the specific risks of each activity rather than using a generic form for everything.
- Provide Adequate Time: Allow participants ample time to read and understand the waiver before signing.
- Consult Legal Counsel: Work with legal professionals to ensure your waiver complies with local laws and is enforceable.