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Updated about 2 years ago on . Most recent reply

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STR and Hold harmless agreements

Estelle Egilsrud
Posted

Hello, 

I am renting my house to folks from abroad over Christmas through VRBO for 2 weeks. I have a pool and the families have small children. The pool does not have a fence. Shall I have them sign a hold harmless agreement for extra protection?

Thanks

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Collin Hays
#2 Short-Term & Vacation Rental Discussions Contributor
  • Property Manager
  • Gatlinburg, TN
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Collin Hays
#2 Short-Term & Vacation Rental Discussions Contributor
  • Property Manager
  • Gatlinburg, TN
Replied

If the pool doesn't have a fence around it, that's a slam dunk gross negligence claim, and as a result, your insurance company will likely not cover it.  Then the claim falls to you.  And in a case of gross negligence, punitive and/or exemplary damages can be as much as 4X actual damages.

Translated:  If a child, or even an adult, is seriously injured or worse in your pool with no fence, they will come after every penny that you've got.  

Forget a hold harmless.  Install a fence or don't rent the house.

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SMOKY MOUNTAIN FALLS INC.

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