[TX] How do I make a contract for renting my swimming pool to a friend?
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Thanks for that information. In Texas, you can certainly require your friend to sign a written agreement before allowing use of your pool and property. What you're describing is essentially a liability waiver and assumption of risk agreement. While no contract can guarantee full protection from liability, especially in cases of gross negligence or willful misconduct, a properly worded waiver can significantly reduce your exposure to legal claims.
Here are a few key provisions you would want to include:
- Assumption of Risk – A clear statement that the person using the pool understands the risks associated with swimming and being around a pool (including injury or death) and voluntarily assumes those risks.
- Waiver of Liability – A clause stating that you and your property are not liable for any injuries, deaths, or damages that occur during use of the pool or backyard area.
- Indemnification – Language that requires your friend to cover any legal or financial costs that may arise from claims made by anyone in their group.
- Property Damage Clause – Language making your friend responsible for any damage to furniture, equipment, or the pool area.
- Restricted Access – A statement that access is limited to the backyard and certain designated areas only.
- Acknowledgment and Signature – A final section where your friend signs and acknowledges understanding and agreement to all terms.
If minors will be present, that adds another layer of risk. Parents or guardians would typically need to sign on behalf of their children, and even then, liability waivers are not always enforceable as to minors in Texas.
Also, it’s a good idea to check with your homeowner’s insurance carrier before proceeding. Some policies may have exclusions for liability arising from use of a pool by non-residents or for commercial-like activities, even if informal.
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Hello, a friend of mine wants to rent out my pool and invite some of their friends. I’m okay with that; however, I want her to sign a contract stating she does not hold me or my property liable should an accident or death occur during the time they are on my property. Is there such a form? Thank you.
I understand your concern about liability when renting out your pool. Have you already discussed the specific terms you want included in the contract with your friend?
We just talked about it. They are strictly to stay out in the backyard and use the furniture and things like that. They can also use our BBQ pit.
Are there any local laws or regulations regarding pool rentals that you are aware of?
No
Is there anything else the lawyer should know before I connect you? Rest assured they’ll be able to help with your liability concerns.
I just do not want the liability should something happen to anyone while they are on my property using my pool. They are also responsible should they break or destroy any of the property or items. Thanks.
Hello. My name is Richard, and I have been a licensed attorney for over 25 years and hope to be of assistance. Please be advised that this website is for information purposes only, and I cannot formally represent customers of this website or perform actual legal services on your behalf.
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What state are you in?
Thank you. I live in Texas.
Thanks for that information. In Texas, you can certainly require your friend to sign a written agreement before allowing use of your pool and property. What you're describing is essentially a liability waiver and assumption of risk agreement. While no contract can guarantee full protection from liability, especially in cases of gross negligence or willful misconduct, a properly worded waiver can significantly reduce your exposure to legal claims.
Here are a few key provisions you would want to include:
- Assumption of Risk – A clear statement that the person using the pool understands the risks associated with swimming and being around a pool (including injury or death) and voluntarily assumes those risks.
- Waiver of Liability – A clause stating that you and your property are not liable for any injuries, deaths, or damages that occur during use of the pool or backyard area.
- Indemnification – Language that requires your friend to cover any legal or financial costs that may arise from claims made by anyone in their group.
- Property Damage Clause – Language making your friend responsible for any damage to furniture, equipment, or the pool area.
- Restricted Access – A statement that access is limited to the backyard and certain designated areas only.
- Acknowledgment and Signature – A final section where your friend signs and acknowledges understanding and agreement to all terms.
If minors will be present, that adds another layer of risk. Parents or guardians would typically need to sign on behalf of their children, and even then, liability waivers are not always enforceable as to minors in Texas.
Also, it’s a good idea to check with your homeowner’s insurance carrier before proceeding. Some policies may have exclusions for liability arising from use of a pool by non-residents or for commercial-like activities, even if informal.
So will it be okay for me to draw up a general contract with the above-mentioned information, plus the addition of minors?
Yes, that is correct.
Thank you!
No problem, and best of luck.
