share
by Jonathan T. Howe, Esq. | February 01, 2012

According to M&C's legal expert, Jonathan T. Howe, Esq., adding the following clauses (or similar wording) to your contract will ensure that all your bases are covered when it comes to complying with the Americans With Disabilities Act.
 
0.01 Compliance by HOTEL. To the extent it is readily achievable, HOTEL shall be responsible for complying with the public accommodations requirements of the Americans with Disabilities Act ("ADA") not otherwise allocated to the ORGANIZATION in this agreement, as required to accommodate ORGANIZATION's programs and attendees including: (i) the "readily achievable" removal of physical barriers to access to the meeting rooms (e.g., speakers' platform and public address systems), sleeping rooms and common areas (e.g., restaurants, rest rooms and public telephones); (ii) the provision of auxiliary aids and services where necessary to ensure that no disabled individual is treated differently by HOTEL than other individuals (e.g., braille room service menus or reader); and (iii) the modification of HOTEL's policies, practices and procedures applicable to all guests and/or groups as necessary to provide goods and services to disabled individuals (e.g., emergency procedures and policy of holding accessible rooms for hearing and mobility impaired open for disabled until all remaining rooms are occupied); and website/reservation system to be in compliance with ADA.

0.0.2 Compliance by ORGANIZATION. ORGANIZATION shall be responsible for complying with the following public accommodations requirements of ADA: (i) the "readily achievable" removal of physical barriers within the meeting rooms utilized by ORGANIZATION which ORGANIZATION would otherwise create (e.g., set-up of exhibits in an accessible manner) and not controlled or mandated by HOTEL; (ii) the provision of auxiliary aids and services where necessary to ensure effective communication of ORGANIZATION's program to disabled participants (e.g., braille or enlarged print handouts, interpreter or simultaneous videotext display); and (iii) the modification of ORGANIZATION's policies, practices and procedures applicable to participants as required to enable disabled individuals to participate equally in the program.

0.0.3  Mutual Cooperation in identifying special needs. ORGANIZATION shall attempt to identify in advance any special needs of disabled registrants, faculty and guests requiring accommodation by HOTEL, and will notify HOTEL of such needs for accommodation as soon as they are identified to ORGANIZATION. Whenever possible, ORGANIZATION shall copy HOTEL on correspondence with attendees who indicate special needs as covered by ADA. HOTEL shall notify ORGANIZATION of requests for accommodation which it may receive otherwise than through ORGANIZATION to facilitate identification by ORGANIZATION of its own accommodation obligations or needs as required by ADA.