Episode 080 – What's in Our Hot Tub Release - Not Legal Advice

Michelle reads what's in her Hot Tub Release that made her insurance company happy.  While this is not legal advice and her attorney has yet to go over the document for her yet, it may be a good starting point for you if you own a short-term rental with a hot tub.

Click the picture below to get a copy of our Release 

 

Transcript of this Episode:

Hi, this is Michelle, the master of money mindset, and you are listening to BNB dash boss podcast.

 

And in today's podcast, we are going to do the follow-up to last week's episode of the hubs talking about hot tubs, right? So how we added this hot tub, and now we've got this new release that we have to have signed by our. When you go through all that stuff, please listen to the last episode because when you get a hot tub, there are going to be a lot of things that you have to do.

You're going to have to look at the city ordinances and your state ordinances when it comes to having a hot tub on your property. So for instance, we had to raise the height of our fence. I think we had a five foot fence. We had to raise it to a six foot fence. We had to change the locks so that they closed automatically and that they locked securely.

We had to have a self-closing door between the house and the hot tub. And, you know, those were some things that we had to do, uh, per law. And then there were things that we had to do with our insurance company. The insurance company was concerned mostly. We would have regular cleanings between guests and we had to prove that so we could have made like a cleaning schedule ourselves and had one of us go do it.

Obviously, this is in Tucson. So I would have my partner do it because he lives a couple of blocks away. So instead of doing it that way, We just opted for having a professional cleaning company do it. So we've hired a pool cleaning company, not the easiest thing to do because in some areas, and especially where we called around, they did not do hot tubs that were above ground free standing.

They only did them when they're attached to a pool. And this was a standalone in a much smaller area. But what I did, if you listened to last week's episode, what I did was I called. A bunch of the places. And when they said, no, we don't do that. I said, Hey, could you leave my number and my name for your texts for your pool?

And those guys, they can give me a call back if they're interested in making some money on the side. And I actually had the owner of, one of the companies call me and said, yeah, we'll do it. And we'll do it for like 90 bucks a month. So he's going to do a weekly cleaning. We picked our Dave that almost everybody access, which was a Monday.

So as people check out on Monday mornings, we can have. Guy go in and do our cleanings. And if we have to, we can hire him. We have in our contract to, if we wanted to have him, let's say somebody checked out on a Friday night, then we would call him and he could do an extra little cleaning on Friday. But like, let's say they want to shock it or do something with the chemicals or something.

When somebody leaves whatever they do, then they can do that on that extra day. And I forget what he charged us for extra ones, like 30 bucks or something. That's in our contract too. So if we want to have extra ones, that's in there also in our rules for what we give, and you're going to hear that we added in, you know, please don't go in the hot tub 24 hours after it's been serviced because the chemicals are going to be quite harsh as soon as it's been serviced.

So if there's ever a day where somebody checked out and they check back in, we're going to ask them, please don't enter that hot tub until the next. That doesn't seem to be a problem. People sign the release and, and everything is okay. Now you've got to add into your house rules and add this right away that unless they sign this document and give it back to you before they check in that they're breaking the house rules.

And that their reservation will be immediately canceled and they will not get a refund. So make sure you put that into your house rules, that they have to sign the hot tub release. You know, that way it's part of your house rules. And if it's part of your house rules and somebody won't do it, then Airbnb or whoever you're using, they're going to stand with you and say, you're not following their house rules or house rules set.

Stays very clearly that if you don't sign this release form, that you can't stay there and that you're breaking the house rules and that if you break the house rules, they can cancel and they will not have to give you a refund. So it's all in the house rules there. Make sure you add that in. Okay. Then you recreate your hot tub release.

So let's get into the hot tub release agreement. And if you listened last week, you know, this is a hodgepodge right now. It is a hodgepodge of everything that we had to have in there. Everything we thought we had to have in. Everything that we thought our attorney would make us put in there and everything that our insurance company made us put in there.

Okay. So it just, it looks to me, this document looks unorganized, but I sent it over to Carolina and she hasn't gotten back to us yet. And I told her there was really no hurry. We've got this signed by the next few guests. So we don't have a new guest checking in until December who hasn't signed this. And so just get it to me corrected, you know, what I need to have corrected by December.

And so she's going to send it back to me. If there's any major updates, she's probably just going to rearrange it and just put better verbiage in it. So I want you to take this document that you create and do the same thing. Take it to your attorney. This is not legal advice. It's literally what we've done.

And I just want you to, you know, have a general idea, but take it to your attorney. It needs to be taken to an attorney. Your attorney needs to go over it, just make sure you have your assets covered. Okay. So in our agreement we have on the top and obviously, you know, the title is in their agreement and release of claims for use of the hot tub.

And you can put the name of the property of the vacation rental property, or you can have a short-term rental property, but we have the name and then it says located at, and then the address, the next sentence is in bold print. And we said the primary guest and in quotations, the person making reservations and the stain as a guest of, and then it's got our names, right?

Must sign this release before receiving entry into the. It applies to the primary guest, as well as any and all registered and invited an uninvited guest that they have regardless of the reservation status and or age. So basically we're saying, you know, if somebody goes to a bar and picks up somebody and they bring them back, it's going to apply to them.

They invited the. All guests accept all liability and greed to use extreme caution and care during their stay at property, you can put the address, you can put the name, whatever, okay. They assume all liabilities and waive any and all rights from the owner of the property and business. Renting the property in terms of the hot tub and safety of the hot tub, the guests alone are responsible for any persons, including minor child.

Being injured or harmed in any way, including death or drowning. The owner promises to have the hot tub in good working condition and to keep the hot tub chemically balanced, the property uses a weekly survey. By a local pool company to maintain the chemicals and cleanliness of our hot tub and to keep it in proper running condition.

When a guest departs, we shock the hot tub to get it ready for the next guest. It is normal to see white particles in the water, which is the bromide sanitizer. The hot tub should not be used for 24 hours after a chemical treatment. We've got that in bold and red. And that actually has a little signature.

We put this into DocuSign and in DocuSign you can put areas where people have to initial this area. We put that they have to initial by the hot tub should not be used for 24 hours. After chemical treatment, guests will be notified if this affects the use of their stay via the message center inside their booking platform.

The guests agree to use the hot tub in a proper. And in quotations, basically sitting in it and enjoying it and quote, and to pay for any and all repair charges for damages caused by the guests and or the guests, family members, gas and or invitees. So if they break it, they bought it. Sorry. Okay. On the next page, the guests further agree that all above mentioned, persons will follow these hot tub rules.

Rule number one, be cleaned before entering the hot tub, shower and clean your feet before each use. When entering the hot tub, wash off all lotions and sun protection, along with any hair products, rule number two, don't add anything to the hot tub, no oils, no soaps, no bubble bath, no other liquids or any other type of harmful material shall be added to or used in the hot.

Rule number three, no glass products whatsoever are allowed in or around the hot tub. Please keep your drinks and bottles away from the hot tub rule. Number four, do not use the hot tub while under the influence or impaired. These increase your risk of drowning and or accidents. Rule number five, no children in the hot tub.

This rule is imperative for two reasons. The number one cause of death for children in the state of Arizona is drowning. Also children's body. Temperatures can not regulate the extreme temperatures of a hot tub. Hot tubs are dangerous for kids in every way. And then in bold on that role, supervise your children at all times during your stay rule, number six, keep the cover on the hot tub at all times when not in use.

Carefully remove and replace cover. So as not to damage it, do not set anything on the cover. Then we've got underneath that notices and other guidelines to be aware of these are bullet pointed and there are five of them. First bullet point, you're using hot tub at your own risk and that's in bold second bullet point.

Pregnant women persons with heart disease, diabetes, or high blood pressure problems and elderly people should not use a hot tub or spa without doctor's permission. Bullet 0.3 hot tub. Temperatures cannot by law exceed 104 degrees bullet 0.4, never use a hot tub or spa alone bullet 0.5 limit time in the hot tub or spa.

No more than 15 minutes. Those are the regulations by the. That we have to put in there. So on the next page, if any items such as soaps, bath products, food, alcohol, et cetera, are found in the hot tub. The renter will be charged a cleaning fee of a hundred dollar minimum. If the renter or above-mentioned person or persons damage, the hot tub, the booking guests accepts full responsibility and will pay for all damages and repairs.

Damage to the hot tub cover will result in a $500 replacement charge. Cover should remain on the hot tub at all times when not in use renter agrees that there will be no horseplay in the hot tub, as well as not sit on, jump in or misuse the hot tub or its cover in any manner. Renter authorizes owners to charge their credit card for any of the above mentioned charges.

No checks will be accepted for damages to the hot tub or hot tub cover. We do not charge an extra fee for the hot tub. Renter agrees that if they choose not to use the hot tub, no money will be refunded to them. Renter agrees that within 60 minutes of arrival, renter will report any problems with the hot tub too.

And then we put our boots on the ground guy and his phone numbers, and that will have a signature thing. All the rules. I think we put a little initial here, initial here, initial here on all the rules too. So the renter further agrees to defend, identify and hold harmless, Airbnb or other booking platforms.

The property managers and the properties owners and employees from any, and all claims damages, liabilities, or losses whatsoever arising out of, or in any way associated with the renter's use of the hot tub, including, but not limited to death, personal injury or property damage. Staying in this property with a private hot tub, involves risks.

Everyone on the premises accepts those risks and the risk for minors in their care. The agreement and release are hereby incorporated into and made a part of any other grievement between the renter and owner managers of the property in the event. Legal action is commenced. To interpret or enforce the terms of this agreement, all costs, whether incurred during litigation or trial or on appeal will be paid for by the renter slash guests, by signing this document, the renter acknowledges and represents that he or she has read the terms here of and understands the legal effect of his or her signature.

All right. And then the next page is. The eyes. I know this, this was a weird one because he had to make it so that like, instead of just like, yeah, yeah, these are the rules. And we just signed off on them. They wanted us to have something where they could say, I have read this. I acknowledge us, blah, blah, blah.

So this is that page. This is what we're calling the I page. So I have read and agree with the terms of this agreement. I also recognize and fully understand certain things, including colon, no live card will be on duty. My use of the hot tub and having a hot tub onsite involves certain risks, including the risk of injury resulting from possible male function of pool equipment.

The risk of injury resulting from chirping or falling on wet or over obstacles in the area and the risk of injury. I recognize and fully understand that the above list is not a complete or exhaustive list of all the possible risks. The list only provides examples of types of risks that I am assuming by staying at the property.

I hereby agree to the conditions below I fully intend and choose to give up all my legal rights as stated. Number one to waive any and all claims that I have, or may have in the future against the owners, managers, employers, agents, and representatives here in referred to, as the releases related to my stay and the use of the hot tub.

Number two, to release the releases from any and all liability for any loss, damage, injury, expense, or other costs that I may incur, or that my next of kin may suffer. In connection with my stay and use of the hot tub. Number three, to hold harmless and identify the release, ease from any and all liability to the property or personal injury to any third party resulting from my stay and use of the hot tub.

Number four, that I am over the age of 18. Number five that this waiver release and agreement is fully effective and shall be effective and binding upon me and my heirs. Next of kin executor's administrators and assignees are anyone else authorized act on my behalf or on the behalf of my estate, I will follow all rules and guidelines.

I have read and understood this document. I am aware that by signing this document, I am waiving certain legal rights that I may have against the release C's and I fully agree to do so. And then you've got the name of the booking guest, their signature, their date of birth, and the date signed. Now, when you use DocuSign.

Each of these spaces, you just put like a little, each slide. I go thing here that says print name or signature, or it has date of birth. You have to put just text. Because the only date that it really does is the date it was signed. And then the date it was signed is going to be the date signed. So that's pretty easy.

And then the last thing says, I am fully aware that the high water temperature in a hot tub or spa will accelerate drowsiness. If a person has consumed alcohol or is taking drugs, increasing the risk of drowning and then their initials are going to go there. And that's it. That's the hodgepodge. That is the hodgepodge of the hot tub agreement.

So now we've given this secure leader and Carolee does going to add in some special, you know, verbiage in a legal verbiage and she's going to cover our butts. The most important thing is making sure that the document has that, you know, because when you book it, you only get one person's. And Airbnb is not going to let us ask for a list of guests.

So we wanted to, but they're not going to, but instead we had to have some kind of verbiage in there that said anybody that the guests has in the, to the property, right? So it's the booking guests, their guests, their children, the members of their family, their spouse, their boyfriend, their girlfriend is like anybody they invited in.

To that hot tub. We have no idea who that is. So it's hard to make somebody sign for the responsibility, but the guest is a green to be responsible for any, and all people getting into that hot. And that's what we need to make sure happens is that they're agreeing to be in charge of every person getting into that hot tub and being responsible for them and taking all the liability off of us.

So if they have their friends come over and they all get super drunk and they all fall asleep in a hot. It's not our fault and that's not on us. They knew the danger is going into this. So we would just want them to be aware. You know, it's fun to have a hot tub, but it's pretty much just there to sit and relax in and enjoy, you know, just enjoy it.

It's not a toy, like, and it's definitely not a swimming pool for young kids. So hopefully they don't treat it that way. So next week I want to give you an update on party prevention. Because it's in our state, they have really locked down the parties and we need to really start taking actions. So we're going to tell you what we've been doing and just kind of get into it.

If, if you want to talk about some vain or you've got some, 2 cents to add in something that you do, you know, whatever we would love to hear from you is so just email me at Michelle at BNB dash. B O S s-boss.com. So M I C H E L L [email protected]. And send me any requests that you have that we talk about or discuss if I'm missing the subject that you're really interested in.

You're like, I wonder what her perspective is on this, or maybe some of my friends, if you want to know what Carolina's does perspective. Maria's perspective, any of the people that we've had on here, we've got a lot of friends who have BnBs, obviously, so we can get Chris on there if you're out in California, because he's got all the California stuff being covered and we can cover any of that for you.

Or if you've got some advice for people, if you've been doing this for a while and you're like, Hey, you know what, here's what I did in that case. Or here's what I would do. I would love to hear your perspective on it. Hear your questions. So please. Feel free to email me and give us your questions or comments.

Anytime. Anytime there are welcome. God bless you. Have a great day.