Waivers are sometimes dismissed as not worth the paper they are written on, but when properly written and used, they are an important risk management tool for campgrounds and RV resorts. The key is making sure your waiver is customized to your operations, activities, and the state where your property operates rather than copied from the internet.
Electronic waivers are generally preferred over paper waivers. They are easier to store for the required time period and are less likely to be lost or destroyed. Electronic systems can help verify who signed the document through timestamps and IP tracking. They can also allow guests to read the waiver in different languages and adjust font size, which improves understanding and reduces the likelihood of legal disputes.
Waivers can hold up in court if they are valid and properly written. The correct person must sign the waiver, or a parent or legal guardian if the participant is a minor. The waiver must clearly explain the assumed risks associated with campground and resort activities such as campfires, hiking trails, playgrounds, water features, bike rentals, and recreational equipment. The document must also comply with state specific laws, which is why working with an attorney familiar with recreational businesses is important.
Waivers can also be used to collect guest contact information, but campgrounds and RV resorts must protect that data. Medical information should not be collected on a waiver. If personal contact information is collected, the business becomes responsible for protecting that information in the event of a data breach.
If a waiver does not clearly state how long it applies, it may not be enforceable later. A best practice is to have guests sign a waiver each time they visit or check in, especially when activities or risks may change over time.
Waivers can also document guest acknowledgment of safety policies, such as helmet use for rentals or campground safety rules. These acknowledgments should be clearly separated from the legal waiver section and include their own initials or signature so there is no confusion about what the guest is agreeing to.
For campgrounds and RV resorts, waivers are one part of a larger risk management strategy. Working with your insurance advisor and attorney to review your waiver regularly can help prevent costly mistakes and protect your organization.
By Nathaniel Johnson, Granite Insurance
