The Hotel Liability Waiver is an essential document for accommodation providers operating in Australia's hospitality sector. This document should be implemented when guests check in or prior to using specific hotel facilities or services. It serves to clearly communicate the allocation of risks and responsibilities between the hotel and its guests, while ensuring compliance with Australian Consumer Law, state-specific civil liability acts, and relevant hospitality regulations. The waiver covers various aspects including personal injury, property damage, use of facilities, and participation in hotel activities. It is designed to protect the hotel's interests while maintaining fairness and transparency for guests, and includes specific provisions that reflect Australian legal requirements regarding liability limitations and consumer rights.
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1. Parties: Identification of the hotel operator/owner and the guest signing the waiver
2. Background: Brief context explaining the purpose of the waiver and the nature of hotel services
3. Definitions: Key terms used throughout the document including 'Services', 'Premises', 'Property', and 'Liability'
4. Acknowledgment of Risks: Guest's confirmation of understanding the inherent risks of using hotel facilities and services
5. Waiver of Liability: Core waiver provisions detailing what liability is being waived, subject to legal limitations
6. Indemnification: Guest's agreement to indemnify the hotel for certain losses or damages
7. Medical Authorization: Consent for emergency medical treatment if necessary
8. Property and Valuables: Limitations of liability regarding guest property and available safekeeping options
9. Governing Law: Specification of Australian law and jurisdiction
10. Execution: Signature blocks and date of execution
1. Specific Activity Waivers: Additional waivers for specific facilities like pools, gyms, or spas - include when hotel offers these facilities
2. Child Supervision: Additional provisions regarding responsibility for supervising minors - include when hotel permits minor guests
3. Special Events: Specific provisions for events or activities organized by the hotel - include when hotel offers such services
4. COVID-19 Provisions: Specific acknowledgments and waivers related to pandemic risks - include during relevant public health situations
5. Photography Release: Consent for hotel to use guest images - include if hotel takes photos at events or for marketing
6. Electronic Signing Consent: Provisions for electronic execution - include if waiver may be signed digitally
1. Schedule A - Specific Risks: Detailed list of specific risks associated with hotel facilities and services
2. Schedule B - House Rules: Specific hotel rules and policies that guests must acknowledge
3. Schedule C - Facility Terms: Specific terms and conditions for use of various hotel facilities
4. Appendix 1 - Emergency Procedures: Overview of emergency procedures and guest responsibilities
5. Appendix 2 - Insurance Coverage: Summary of relevant insurance coverage and exclusions
Relevant legal definitions
Clauses
Relevant Industries
Hospitality
Tourism
Accommodation Services
Hotels and Resorts
Serviced Apartments
Leisure and Recreation
Event Management
Travel and Tourism
Relevant Teams
Legal
Operations
Front Office
Guest Relations
Risk Management
Compliance
Security
Events
Facilities Management
General Management
Relevant Roles
Hotel Manager
General Manager
Operations Manager
Front Office Manager
Risk Management Officer
Compliance Officer
Legal Counsel
Guest Relations Manager
Facilities Manager
Security Manager
Events Manager
Property Manager
Hospitality Director
Chief Operating Officer
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