QUESTION

How can I avoid liability and be safe from law suits as a tour guide?

Asked on Aug 02nd, 2013 on Entertainment Law - Nebraska
More details to this question:
If I am paid (by the traveller) to guide them as a group of people on a kayak/snorkel/camping week long trip in the Bahamas and I am not affiliated with a company, what are my legal responsibilities and liabilities? Is a waiver enough to protect me? Do I need to get insurance and what kind of insurance is necessary? My boyfriend and I would like to start a company but we want to run a couple trips to see if it is worth it.
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3 ANSWERS

Susan Marie Basko
You should hire a lawyer to find out what licenses and insurance are required by the Bahamas. Most likely the Bahamas requires such businesses to be licensed and to be paying taxes of various sorts to the Bahamas. Also keep in mind that the Bahamas may not allow you to work there, or may not allow you to run a tourist business there. I suppose you would need a work visa from the Bahamas. Have you inquired into getting one? In most nations, even a short time of working requires a work visa. So that should be your first point of contact. Then there may also be licensing required in the U.S., since you will be getting your customers in the U.S. Depending on the state, there may be very strict requirements for a travel or tourism business. Some states require such businesses to put up a special bond, since there have been so many problems with fly-by-night tourism companies. You will really be operating a two-nation company, even for the first few trial runs. You will also need insurance. You need to check the laws of the Bahamas as well as of the U.S. states where you will be operating. Then you need to check with several really excellent insurance companies, tell them your plans, and buy insurance. You will probably want a lawyer to write up a waiver for you, but whether it will hold in the Bahamas as well as in the U.S. is so questionable. It is very difficult to make such waivers hold, especially when someone has died, been injured, gotten sick, or been left stranded. If you want to try out such work, one way to do this may be to check with existing companies in the Bahamas and see if you can get a job. Or check with one of those tour organizer companies and see if you can connect on up with them. The U.S. citizens that I have known who have run such tourism businesses have done so in U.S. states, such as Hawaii or Alaska, or in U.S. territories, such as Puerto Rico or the Virgin Islands, which are St. Thomas, St.Croix, and St. John. It may be significantly easier for a U.S. citizen to get proper licensing and insurance in the Virgin Islands than in the Bahamas.
Answered on Aug 05th, 2013 at 2:15 PM

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Theodore M. Roe
I recommend a LLC (limited liability company). Without some sort of liability limiting entity structure you would be personally liable. Also absolutely you should have insurance!
Answered on Aug 05th, 2013 at 10:27 AM

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Acquisitions Attorney serving Lincoln, NE at Jayne L. Sebby
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You would be liable for everything. Not only would you need an extensive waiver from all of the participants, you would need significant liability insurance and probably a number of licenses and permits since you won't be doing this in the U.S. Talk to a number of people and companies who offer something similar about how they operate their businesses before you start your own.
Answered on Aug 05th, 2013 at 10:27 AM

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