A Trampoline Liability Waiver Addendum is a legal contract incorporated into a Lease Agreement that allows a tenant to use a trampoline on the rental property with their agreement to take certain precautionary measures, release the landlord from any liability, and accept full responsibility for any damages or injuries to anyone that result from the trampoline and its use.
Why Use a Trampoline Liability Waiver Addendum?
The use of trampolines has grown over the years, resulting in more landlords asking whether they should have a waiver when allowing a tenant to use a trampoline on their rental property. There are two primary situations in which this specific type of waiver is needed:
- Rental Property Has a Trampoline – Some landlords rent out their property “as is” and keep it fully furnished. This may include certain outdoor items as well to attract tenants such as a playset or trampoline.
- The Tenant wants to Bring a Trampoline to the Property – A prospective tenant may want to bring a trampoline they own onto the rental property when they begin their lease term. Or a current tenant wants to buy one to use at the rental property.
While this waiver is only needed in a very limited situation, it is essential whenever a trampoline is located on a rental property. Here are some reasons why landlords should include this specific waiver in these situations:
- Notifies the Tenant of the Risk Involved – The use of trampolines poses a risk of serious injury. It is important to use this waiver to document those risks so that the tenant is fully aware before using a trampoline on the rental property.
- Reduce the Chance of Injuries – Trampolines can cause anything from minor injuries to broken bones, paralysis, and concussions. The waiver can provide certain precautions and maintenance required of the tenant. Requiring certain preventive and proactive measures can help reduce the chance of someone getting injured while using the trampoline.
- Responsibility and Liability – Due to the danger involved, it is an unnecessary additional risk for the landlord to take without ensuring some legal protection. Having a waiver places the responsibility and liability of injuries or lawsuits with the tenant.
- Insurance – Many homeowners’ insurance policies do not cover trampoline injuries. If an injury occurs on a trampoline without a waiver, a landlord may be liable without having any of the normal protections provided by insurance.
What to Include in a Trampoline Liability Waiver Addendum
A Trampoline Liability Waiver Addendum does not stand on its own. Rather, it becomes a part of and is incorporated into the lease agreement. The addendum should only address trampoline use and include the following:
- Type of Addendum – The heading and opening should state that this is a Trampoline Liability Waiver
- Date the waiver is being signed and goes into effect
- Landlord’s name
- Landlord’s business address
- Tenant’s name
- Tenant’s rental property address
- Date of the original lease agreement
- Introductory information about the addendum and the original lease agreement it is incorporating
- Use – This section should state that the tenant is permitted by the landlord to use a trampoline on the rental property subject to the terms and conditions of the waiver
- Inherent Risk – This section is an acknowledgment by the tenant of the risks involved with using a trampoline
- Assumption of Risk – The tenant agrees to assume all risks associated with using a trampoline
- Release – In this section, the tenant will specifically release the landlord and other related parties from any damages or injuries resulting from the trampoline
- Precautions – This section informs the tenant that they are responsible for taking certain precautions for the safety of any people using or around the trampoline
- Inspection and Maintenance – This section requires the tenant to inspect and maintain the trampoline to ensure there are no defects that could lead to injury
- Indemnification – For this clause, the tenant explicitly agrees to be responsible for any costs or damages that result from the trampoline and any potential lawsuits
- Unsupervised Use – This section makes clear that it is not the landlord’s responsibility to supervise the use of the trampoline
- Governing Law – The law of the lease agreement will also apply to this waiver
- Landlord’s signature and date
- Tenant’s signature and date
Just like with the original lease agreement, both parties should have a signed copy of this addendum. The addendum is now part of the lease agreement and should be kept with it.
If a tenant refuses to sign a Trampoline Liability Waiver with the original lease agreement a landlord can deny renting to them or restrict them from having or using a trampoline on the rental property. If a tenant decides to use a trampoline after refusing to sign the waiver, a landlord may have to protect themselves and their property by evicting the tenant.
Should a Landlord Allow a Trampoline?
Before a landlord agrees to allow a tenant to use a trampoline on their property they should consider whether it’s a wise decision. There are some important factors to consider when deciding whether to allow trampoline use on a rental property. Those include:
- Increased Chance of Injury – Statistically, there is a greater chance of there being an injury at the property if a trampoline is used. These chances increase if young children will live at the property. Beyond a waiver, there is not much a landlord can do to ensure that the trampoline is being used safely and under adult supervision.
- Liability – Even with a signed waiver, it does not mean that an injured party will not attempt to include the landlord in any lawsuit. Depending on the terms of the waiver and the state in which the rental property is located, the landlord may still end up liable for damages resulting from the use of the trampoline.
- Insurance – Allowing a trampoline will likely result in one of two things for a landlord’s insurance. First, trampoline use may be explicitly excluded from a landlord’s homeowner’s or renter’s insurance coverage. Second, it may be covered and cause the insurance premiums to increase significantly.
If, after considering these factors, a landlord decides to prohibit the use of a trampoline on their property, it is good practice to explicitly include this prohibition in the Lease Agreement to avoid any ambiguity.
