While you might not consider yourself liable for health and safety with regards to your pool or spa, it only takes 1 guest or tenant who contracts any number of diseases from using your facilities to make your litigation issues wipe out any waivers. Keep in mind that in all public use spas or pools, the local, county or state health agencies are involved in insuring that health and safety regulations are being met. Understand that while homeowners with older spas or pools are not required to upgrade for personal use, Your spa or pool can no longer considered for personal use, when you open your home up to public use in a rental situation. Otherwise, you are inviting a potential risk, that most insurance companies will not support. So if your spa or pool was installed prior to 2009, I strongly advise having a professional inspect it to insure it meets compliance. The VGB Act was made enforceable in 2009. This involves replacing non-compliant equipment, drains, suction fittings with VGB approved ones that prevent entrapment. Pools and Spas built before 2007 ARE NOT COMPLIANT, unless you have specifically upgraded to meet the safety requirements established in that ruling. If you are not familiar with the VGB Act, here is a link to explain it. You may also be required to meet ADA requirements for pools and swim spas. I seriously doubt that AIRBNB's waiver will cover a host if the pool or spa is not VGB Act (2007) compliant and does not meet the requirements established for restricted access, ie fenced, gated. Having been in the pool/spa industry for over 30 years, I'll put my 2 cents in.Īs for the liability waiver.
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