A primary focus of the Whakaari investigation was whether guests were fully aware of the potential risks in undertaking the activity. Regardless of the outcome, this has set the benchmark for the expectation of what good business practice looks like. The premise of the charges was that customers must be made aware of any potential risks prior to making a commitment to undertake the activity.
Risk disclosure statements have been made mandatory under the revised Adventure Activity Regulations. What’s the difference between a risk disclosure statement and a Waiver? The HSWA states you are not able to contract out of your obligations, so any form of health and safety waiver simply isn’t valid. Waiver forms can still be used to mitigate liability for loss or damage to property, disrupted travel arrangements etc.
Of course, the realm of risk extends beyond adventure activity operators. Activities, like freedom kayak rentals, courtesy kayaks, water-based activities, paragliding, skydiving etc. can all be high risk activities yet don’t require an audit. Inherent risks also exist within transportation, attractions, and accommodation. While these risks may be less conspicuous than those in the adventure sector, hazards are present in settings such as pools, spa pools, saunas, ponds, rivers, streams, icy conditions, and busy entryways etc., and of course on the road.
People look through different lenses and don’t always see risk the same way, what is obvious to one person, another is blissfully unaware of. Risk disclosures make your guests aware they also have a role to play, and these are risks they need to be mindful of.
Demonstrating you take the welfare of your guests seriously is a great selling point and something that should be front and centre. Writing a risk disclosure statement is a fairly simple process. The consequences of not having one if something goes wrong could be catastrophic.
Good practice
- Keep it simple – write in plain language, don’t get carried away with legislation speak and health and safety jargon.
- Look through the lens of your guests. Consider your audience. Do you need to have it translated into other languages.
- Provide an aerial view of general risks, guests don’t need to see your entire risk register.
- Consider the most serious risks in your operation.
- Consider if there are additional risks to persons with medical conditions, e.g. heart conditions, mobility issues etc.
- Ensure your statement is clearly visible on your website, booking engine and other relevant marketing collateral. This avoids the “had I known that I wouldn’t have booked” conversation. You also have an obligation under the Fair Trading Act to ensure all of the terms and conditions are made available prior to entering a contract.
- Included your risk disclosure statement as a separate item in your terms and conditions on your booking engine. This ensures discover-ability.
- Are there any risks in the area you may feel morally obliged to inform guests of? These might include dangerous beaches, walks, cycle tracks or roads etc.