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Release and Waiver of Liability

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Proud Texan

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Do any of you require a Release and Waiver of Liability to be signed? I just found that a neighboring Inn has one and that seemed rather extreme. Isn't this what our liability insurance is for? My lawyer told me that you can still be sued even if you have such a waiver.
Guests age 18 and over MUST sign a liability form and children under 18 must be named and listed properly below.
Please be aware that in being a Guest at [Name of Inn] Bed & Breakfast, you do so at your own risk.
Please sign this Release From Liability, thereby indicating that you agree to release and hold harmless [Name of Inn] Bed & Breakfast, its owners, agents, and other guests from any liability.
Release From Liability
I, the undersigned (hereinafter the Guest) hereby irrevocably & unconditionally release & hold harmless from liability [Name of Inn], its owners, agents, and other guests (all four groups hereinafter known as Releasees) from any & all liabilities, claims, actions, damages, costs, or expenses of any nature whatsoever whether in law or equity, known or unknown, occurring during, caused by, relating to, or arising in any way from my participation at [Name of Inn] Bed & Breakfast.
I understand that attending a facility in the country may involve participation in physical activities both indoors and outdoors, and certain exposure to wildlife. With these, and all related activities, there is a certain element of risk. By accepting this waiver, I hereby acknowledge that my participation is at my own risk, and that I assume all responsibilities for any and all aspects of participation by both myself and any children who might accompany me. This waiver applies to any and all activities participated in at [Name of Inn] Bed & Breakfast.
I understand that this Release from Liability irrevocably & unconditionally releases and holds harmless all Releasees from any financial or other liability for any injury, bodily harm, sickness, illness, or loss of life that I as a Guest or my family member or friend may suffer and from any economic harm or loss of property occurring during, caused by, relating to, or arising in any way out of staying at [Name of Inn] Bed & Breakfast.
I, the undersigned, have read this Release from Liability & understand all of its terms; I have executed it voluntarily, with full knowledge of its significance, & intend to be legally bound by it. Children here with me and named below are my responsibility and under 18 while here at [Name of Inn] Bed & Breakfast. My signature includes them in coverage of this release form.
 

EmptyNest

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We never did, but do you have to sign something like that at a hotel???? I never have. Never been anywhere I was asked to sign something like that and if I would have been, I doubt seriously that I would have signed it...would you????
 

Copperhead

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This is hardly proper IMHO. If I saw that, I would move on to another. Yes your lawyer is correct, a waiver does not prevent you from being sued but what it does is prevents some from seeking professional advise.
 

gillumhouse

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The insurance company said I need to get anyone using a bike to sign a waiver - BUT it is not worth the paper it is printed on. Anyone can sue for anything any time. I would never ask a guest to sign such a thing as a guest as in my mind it would trigger a response of what do I have to look out for or plant the seed in the mind of a person with a "sue history". I have a cousin that I would not want to stay in my inn - all are safe as she only went to local hotels with pools for vacations and she can no longer travel period.
 

Copperhead

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The insurance company said I need to get anyone using a bike to sign a waiver - BUT it is not worth the paper it is printed on. Anyone can sue for anything any time. I would never ask a guest to sign such a thing as a guest as in my mind it would trigger a response of what do I have to look out for or plant the seed in the mind of a person with a "sue history". I have a cousin that I would not want to stay in my inn - all are safe as she only went to local hotels with pools for vacations and she can no longer travel period..
gillumhouse said:
The insurance company said I need to get anyone using a bike to sign a waiver - BUT it is not worth the paper it is printed on. Anyone can sue for anything any time. I would never ask a guest to sign such a thing as a guest as in my mind it would trigger a response ....
Just make sure that your insurance company will still cover you for this liability if you do not have a waiver - some do in very fine print. Ours reqires one for bikes, boats, etc. and we decided not to go that avenue. We point to those that do those things and yes they all have a waiver, they say without one, they do not have liability ins., and without that, are out of business...
 

gillumhouse

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The insurance company said I need to get anyone using a bike to sign a waiver - BUT it is not worth the paper it is printed on. Anyone can sue for anything any time. I would never ask a guest to sign such a thing as a guest as in my mind it would trigger a response of what do I have to look out for or plant the seed in the mind of a person with a "sue history". I have a cousin that I would not want to stay in my inn - all are safe as she only went to local hotels with pools for vacations and she can no longer travel period..
gillumhouse said:
The insurance company said I need to get anyone using a bike to sign a waiver - BUT it is not worth the paper it is printed on. Anyone can sue for anything any time. I would never ask a guest to sign such a thing as a guest as in my mind it would trigger a response ....
Just make sure that your insurance company will still cover you for this liability if you do not have a waiver - some do in very fine print. Ours reqires one for bikes, boats, etc. and we decided not to go that avenue. We point to those that do those things and yes they all have a waiver, they say without one, they do not have liability ins., and without that, are out of business...
.
I meant not as a checking in guest for the waiver. Bikes & other stuff is different.
 

Morticia

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We never did, but do you have to sign something like that at a hotel???? I never have. Never been anywhere I was asked to sign something like that and if I would have been, I doubt seriously that I would have signed it...would you????.
The only release I've ever signed was for the pool at HGI. To inform me it was 'at my own risk'.
 

swirt

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We have a bit of a waiver on our registration form. It just says that if they use the lake that it is at their own risk as there is no lifeguard available. It is more of a notice than a waiver. But they sign it along with the other policies.
Hard to say how well it would actually hold up in court...I imagine that would have more to do with the skill of the lawyers.
I think if someone dove in off our dock and conked their head on a rock in the lake, they would have a hard time suing us because anything below the high water mark is considered state property. Essentially when a person puts in a dock on this lake, they are in effect donating it to the state of NY.
However, if a board on the dock broke and someone fell through and hurt themselves, they'd probably have a pretty good case against us.
 

Breakfast Diva

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Sounds to me like this B&B may be running without any insurance. Could that be possible? Are they legitimately licensed as a B&B?
I would never ask or sign that release.
Like others, I was also informed by my insurance company that waivers are useless.
 

Breakfast Diva

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Your case is really different. I wouldn't have any problem signing something to stay with you and also having your guests sign, it does force them to be more aware of their surroundings.
 

Iris

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This is hardly proper IMHO. If I saw that, I would move on to another. Yes your lawyer is correct, a waiver does not prevent you from being sued but what it does is prevents some from seeking professional advise..
Copperhead said:
This is hardly proper IMHO. If I saw that, I would move on to another. Yes your lawyer is correct, a waiver does not prevent you from being sued but what it does is prevents some from seeking professional advise.
I agree completely. And yes, that IS what liability insurance is for. If I saw that I would be suspicious
 

Sanctuary

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I have a few paragraphs as part of my registration/reservation form. My B&B waiver is less intense than my charter waiver since B&B does not involve running any engines which increase the risk of injuries due to grounding, engine/turbo fires, collision, etc.
While my circumstances are a little different than most, my main reason for using these is because I want people to KNOW beforehand that, for example, they are sleeping on top of nearly 800 gallons of fuel (although diesel won't explode or ignite with ease, but if a fire starts, fiberglass can be a hard fire to put out), that the boat does move from time to time (so understand that there is a risk of falling if you're not paying attention), and that if you swim off the back of the boat and become injured by some form of marine life, that I warned you it was out there, etc. Yes, all of this may seem to be the obvious, but folks play dumb later on when they want to sue you. I have a duty to warn (but not to take you to raise) and I want their initials on a paper that confirm that I told them so that I don't hear, later on, "I didn't know THAT!" When drafting my waivers, I did make a conscious effort to make them short, sweet, and to the point, making note of the big things that not everyone might realize, such as the "sleeping on top of 800 gallons of fuel" thing.
Yes, you can be sued at any time for anything, but having a signed waiver helps you to assert your assumption of the risk defense. These waivers won't stop or prevent lawsuit, but they can, depending on the law in your state, help you hold your position later on when you have to defend a claim. I had a career in the legal field (personal injury/medical malpractice, both prosecution and defense) before this one... :) I've seen it all!
 

Proud Texan

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Sounds to me like this B&B may be running without any insurance. Could that be possible? Are they legitimately licensed as a B&B?
I would never ask or sign that release.
Like others, I was also informed by my insurance company that waivers are useless..
Breakfast Diva said:
Sounds to me like this B&B may be running without any insurance. Could that be possible? Are they legitimately licensed as a B&B?
I would never ask or sign that release.
Like others, I was also informed by my insurance company that waivers are useless.
I do know that they allow horses on site without insurance.
Our only requirement was that we have a "NO SWIMMING" and "FISH AT YOUR OWN RISK" signs placed near our pond.
 
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