Source: Robin Roth, Senior Contracts Editor, Conferon, Inc.
E-Specs: December 17, 2001

Have you ever wondered why there is a clause in hotel contracts stating the parties’ compliance with the Americans with Disabilities Act? One would think that since this Act is a federal law, it would go without saying that each party would comply. The reason that the clause is needed is that the Preamble to the Act states that each party’s obligations may be specified by contract. Here is the actual language from the Preamble:

"…[A]llocation of responsibility as between the parties for taking readily achievable measures to remove barriers and to provide auxiliary aids and services both in common areas and within places of public accommodation may be determined by the lease or other contractual relationships between the parties…. As between the landlord and tenant, the extent of responsibility for particular obligations may be, and in many cases probably will be, determined by contract…. [T]he landlord would generally be held responsible for making readily achievable changes and providing auxiliary aids and services in common areas and for modifying policies, practices, or procedures applicable to all tenants, and the tenant would generally be responsible for readily achievable changes, provision of auxiliary aids, and modification of policies within its own place of public accommodation."

The term "landlord" is defined as the entity that "owns the building that houses a place of public accommodation." Ensuring that a suitable ADA clause is included in every hotel contract is not an issue of superfluous legalese; it is a contractual best practice.

(Note: This information is not intended to be "legal advice." A qualified attorney should be consulted to review all contract issues.)