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Journal of Hospitality & Tourism Research
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Exculpatory Clauses: Legal Environment and Implications for the Hospitality Industry

Alvin Stauber

Florida State University

Jane Boyd Ohlin

Florida State University

Offering recreational amenities for guests is one way in which hotel operators compete for guests and increased revenues. Unfortunately, accidents and injuries to guests sometimes result from engaging in such activities. While certain risks may be curtailed through prudent operation and maintenance of equipment, operators may be able to insulate themselves from liability in certain instances through the use of exculpatory clauses. This article reviews the legal environment of exculpatory clauses as it relates to recreational activities and considers the implications for the lodging industry. It addresses, as well, limitation of liability for injuries resulting from the use of recreational equipment and services which are offered apart from the limited services traditionally associated with room rentals. In many instances, exculpatory clauses remain a legitimate method to reduce the risk of liability associated with many types of amusement and recreational activities offered by the hospitality industry.

Key Words: Key Words: exculpatory clauses • recreational activities, liability • negligence • public policy • waiver.

Journal of Hospitality & Tourism Research, Vol. 17, No. 2, 77-92 (1994)
DOI: 10.1177/109634809401700208
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