I need a waiver for my long term and short term tenants and their guests and my neighbors who like to use my pool and jacuzzi.

Question Details: I do not want to be sued for their accidents on my property and think they will take extra care to be safe knowing they are responsible for themselves.

Asked 9/20/2009 under Insurance Law | 218 View(s) | More Legal Topics

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As much as it pains a lawyer to say you don't need a lawyer ever, this is something you can easily draw up yourself: you just need to identify the risks you want to protect against, then write up language that the guests take those risks on themselves. Then you and they both sign and date. Also put up a sign by the pool or jacuzzi to the same effect--very prominent, reiterating that people who use it do so at their own risk. This will not be ironclad--it's almost impossible to make an ironclad waiver of risk--but will afford considerble protection.

For example, and just as an example, you might have a sign by a jacuzzi saying: "Using a jacuzzi can be risky, including risks posed by exposure to high temperatures and the risk of slipping and falling. Anyone using this jacuzzi does so at their own risk and unconditionally releases property owner from any and all liability or responsibility for any injuries or damage they, their belongings, or their guests may suffer." Plain english is all you need, and, as stated, you'd also have a typed up "form" version for known guests or tenants to sign.

You'd certainly still be liable for problems from improper maintenace, etc., but at least you should -be able to protect yourself from an overweight, out-of-shape person having a heartattack owing to the heat.

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