[MA] Can I use a release of liability waiver for a short-term rental arrangement?
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Correct—the general release will work. That said, it is recommended to have a lease to protect all your interests. You at least want a written contract outlining the terms of the agreement.
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We are renting a garage loft to a friend of a friend for six weeks and wanted to check that the draft liability waiver I created covers us from being sued for any injuries or occurrences while they are staying.
I understand your concern about liability. Can you tell me more about the specific language used in the draft liability waiver you created? Have you consulted with a lawyer to review the waiver and ensure it provides adequate protection for you in case of any incidents?
Here is the text:
GENERAL RELEASE OF LIABILITY (WAIVER)
THE PARTIES. This General Release of Liability (“Release”) made on the undersigned date below is by and between:
Releasor: ____________________________
Mailing Address: _________________________________________________
Releasee: ____________________________
Mailing Address: _________________________________________________
RELEASE OF LIABILITY. Under the terms of this Release and sufficiency of which is hereby acknowledged, the Releasor hereby releases and forever discharges the Releasee for the following activities:
Injury and/or distress while renting garage loft premises at _________________________________________________.
RELEASE. Therefore, under the terms of this Agreement and sufficiency of which is hereby acknowledged, do hereby release and forever discharge the Releasee, including their agents, employees, successors and assigns, and their respective heirs, personal representatives, affiliates, successors and assigns, and any persons, firms or corporations liable or who might be claimed to be liable... from any claims... relating to any injuries and damages... both person and property... that may develop in the future... related to the liability.
This Release shall be binding upon the undersigned and their respective heirs, executors, administrators, personal representatives, successors, and assigns.
Is there anything else the lawyer should know before I connect you?
Nothing else. Thanks.
Thank you for choosing AskaLawyer! My name is Jessica, and I am a licensed attorney who will be assisting you. I’m reviewing your question now. Is this in addition to a rental agreement?
We don't have a separate rental agreement, as it’s only for six weeks and it’s a friend of a friend.
Okay, yes—you want a six-week lease agreement outlining all the rental terms, including an indemnification clause waiving liability, in addition to this general release. The general release looks correct.
So the general release will cover us in case the tenant falls, burns, or has some other injury while renting and decides to sue for some reason, correct? Or should we include an indemnification clause as well? I don't want to get into multiple documents for a short-term, friend-of-a-friend arrangement.
Correct—the general release will work. That said, it is recommended to have a lease to protect all your interests. You at least want a written contract outlining the terms of the agreement.
Many thanks—completing the short-term rental agreement now.
I hope I was able to help resolve your issue! If you have any other questions, feel free to ask. Reach out anytime!
