Host Liability at a Books, Brunches & Booze Meet-Up
The issue of host liability involves many different considerations, and whether or not a host has liability in any given situation depends very much on the specific facts of that situation. But there are some general points that can help a host determine their potential liability.
Every member has agreed to our Terms of Service, which contains in Section 6 a release by that member of hosts for any liability related to a chapter or Meet-Up/event. However, our Terms of Service is an agreement between Books, Brunches & Booze and each member and is not an agreement directly between a host and a member.
A host may want to have members sign a release or waiver so that there is an agreement directly with members. Also, members bringing guests is prohibited. If a member brings guests who are not members of Books, Brunches & Booze® to a Meet-Up/event, those guests will not have agreed to our Terms of Service and therefore will not have agreed to this release.
Additionally, the release in our Terms of Service is general in nature and does not address any specific situation. If a host is using any Books, Brunches & Booze® platform for chapters or Meet-Ups/events that involve high-risk or unique activities, a host should consider a release or waiver that specifically addresses those activities.
Liability of a host can also be dependent on whether the host is an individual or a legal entity. More specifically, the "amount" of liability doesn't change, but "who" is liable may change. If the chapter or Meet-Up/event is being organized by an entity, the entity may have the liability and the person that organized the chapter or Meet-Up/event through that entity may have limited personal liability, or no liability at all, depending on the type of entity.
As a host, can I create my own liability release form or waiver?
Also, a host’s liability may depend on how they characterize their skills and experience with respect to the group or event and what role they assume in connection with an event. For example, a host that holds themselves out as an expert mountaineer and assumes the role of guiding a hiking group up a mountain may be subject to different liability if that host does not hold themselves out as an expert.
Note: This is general information that does not address any specific situation and is not for the purpose of providing legal advice. Also, the laws regarding liability vary from state to state. You should consult a lawyer for advice about your specific situation.