Why is documentation so important in this industry? You must keep records to help us help you. Without them, it may be your word against the claimant’s if something was to go wrong. In this day and age, when you are forced to defend yourself in court (even if you have done nothing wrong) simple documentation should not be considered a hassle, but a tool. There are documents required by law that you must have, like pool water results; and there are also documents which you should be keeping for evidence that you are on top of the daily operation of your business, like a maintenance or complaint log.

What should be documented? The simple answer is most everything you do in your RV Park or campground should be documented. If this seems ridiculous or overkill, remember that as a prudent business owner the courts will ask if there is any documentation to support your position. If documentation is lacking, your verbal testimony is on par with the claimant’s (and juries will sympathize with an injured party).

Registration Waiver: This is for anyone staying overnight in your park. One person per group should be signing this waiver. A registration waiver is not the same as a site contract or lease agreement. The registration waiver is just for short term guests (staying for a night, the weekend or the week), where issues of state residency laws do not apply. Common legal wording (you should always have an attorney notarize any document which is signed by someone) is similar to the following:

I HAVE READ & AGREE TO COMPLY WITH ALL CAMPGROUND RULES & REGULATIONS LISTED IN THIS AGREEMENT, OR AS POSTED INTHE OFFICE AND/OR ON THE GROUNDS OR OTHERWISE STATED BY THE CAMPGROUND MANAGEMENT OR STAFF.

Lease Agreement: How long someone can stay at your park and be considered seasonal, part time or a full time resident is all state specific. Your lease agreement must be applying state law or it may be thrown out in court. The best way to handle this is to either contact your state association, or retain a lawyer who specializes in leases or dwelling contracts. Unless the whole contract is legally sound, the court will not allow it to be used as evidence. It’s shocking how many landlords (this is what you are if you are leasing or renting a site space, apartment, mobile trailer, house, park model, etc.) don’t use a lease agreement at their business.

MSDS Sheet: A Material Safety Data Sheet is a document that explains how to store, handle and respond to emergencies with hazardous chemicals. For example, what to do if you have a propane or chlorine leak. It is federal code that if you fill propane tanks or have a pool that uses chlorine or bromine, you must have the respective MSDS sheet on file. (See THE SOURCE-Fall 2008)

Activity Waivers: If you are renting boats (or the use is for free), you should have the guests sign a liability waiver. No children without an adult. Same goes with bikes, and you should make sure it says helmets required. There is so much disagreement as to whether a signed activity waiver will hold up in court. Think of it this way: bungee jumping, climbing walls and rafting companies all require a signed waiver. If you are renting or sponsoring anything which can be surmised as a physical activity, why not protect yourself by explaining the hazards of the activity and defining the rules? Having a signed activity waiver, at the least, will not hurt you in court.

Visitor Registration: More and more parks are requiring visitors to sign in when they are visiting a guest in your park. Keep in mind that you are just as liable for visitors as you are paying guests. It would be prudent to give them a copy of your rules and have their signature confirm that they have read, understand and agree to these rules.

Pet Agreement: This is an excellent way to control the pet issue in your park. The guest signs a waiver which details the rules and regulations for pets.

Pool & Hot Tub Water Results: Keeping pool and hot tub water results is mandatory. Some counties will require testing the water two or three times a day depending on use. Some owners and managers are not aware that you must keep these results on file, for up to three years. Some pools have been closed immediately after it was discovered by the authority that has jurisdiction that pool water results were not being kept, regardless that there was no problem to begin with.

Drinking Water Results: It may surprise some to know that some campgrounds and RV parks are not required to sample their drinking water. The absolute only reason is because the county or region where the business is located does not have the funds to search out or inspect every water system. However, one of the most extreme cases of legal liability for any entity serving the public, like a campground, is tainted water. Most often, no one is aware that the water is contaminated until after a guest or guests show symptoms (often, a small animal like a cat or dog will have kidney problems after drinking the water, which can be an indication that the water servicing the business is tainted).

Pool Use Agreement: Some hotels use this form to control their guest(s) when they use the pool. Since pools remain the greatest exposure in this industry, and the largest financial settlements usually deal with pool related matters, using a pool use agreement is another way to control the issue of pool use.

Cabin Checklist: Cabins also means cottage, trailer, park model, dwelling, or mobile home. The most important details here are that the smoke detector and fire extinguisher (if they can cook in any unit) are checked and it’s documented on a regular basis.

Maintenance Log: Keeping detailed records of all the great things you do in your park can be admitted as evidence of “due care” in your park, especially keeping records on your bike and boat rentals, as well as tree and pool maintenance.

Complaint Log: It’s sometimes your word against the claimant’s in court. If you do not have good records detailing issues or problems in your park, how you handled them and rectified the issue, then when you get up in court to support yourself, you may be a step away from looking totally unprofessional. Remember, in some ways, you’re guilty until proven otherwise. A complaint log is a legal document and should be treated as one. Write down only the facts.

In conclusion, it’s not only the specific claim that the courts will be scrutinizing, but in general, many times lawsuits are lost because it could not be proven unequivocally that the park takes the safety of their guest wholeheartedly. Annual record keeping and good documentation through the years will deny any prosecutor who attempts to say you didn’t care. Documentation, when needed, is a viable legal tool in your favor.