ADA Website Compliance Program
Part 2: Member Video Program
The California Hotel & Lodging Association (CHLA) is committed to providing its members with the necessary resources and support to navigate the complexities of website ADA compliance.
As part of this commitment, CHLA is excited to announce a new member benefit – online ADA accessibility services – in partnership with Accessible Crew, LLC. Accessible Crew, website ADA accessibility experts. Accessible Crew is endorsed by CHLA and Stillman & Associates, the law firm that handles many of these cases for CHLA members.
Fight back against serial lawsuits by having video proof of your website’s accessibility to defend against plaintiffs citing purported ADA violations.
- ADA Website accessibility is required by law
- Screen reader software (“SRS”) users currently make up the majority of serial ADA lawsuits
- Accessibility widgets are no substitute for proper code and often conflict with SRS
- Most ADA serial website cases involve companies already using accessibility widgets
- Websites are often updated with new content and require monitoring and documentation of their accessibility
A new member benefit available through the ADA accessibility program is called Snapvid. Accessible Crew is offering to CHLA members for a limited time, an introductory rate of $750 (20% off) for archived visual documented proof of your website manually (not automated tools as many “consultants” use, which often yield inaccurate results) using SRS to access the goods and services of their website. This benefit is currently available to all CHLA members. All videos or exposure of any barriers will be protected against discovery.
Don’t let a complaint letter be the first time you learn about ADA website accessibility. Play it smart, have proof in your back pocket, and protect your business now.
Not sure of the website accessibility of your site? Sign up for our audit first.
The Service >The Service
Having documented video proof is a powerful way of refuting claims brought by serial plaintiffs for alleged ADA website accessibility issues. While the voluntary WCAG 2.2 guidelines are considered “best practices” for website accessibility, they are not required by law, and noncompliance with WCAG 2.2 does not mean that your website violates the ADA. What is required by law according to the ADA is that website deficiencies should not impair or impede access to the goods and services offered by a business’ physical location through its website.
Accessible Crew will record access to your website using SRS, demonstrate that nothing about the website impairs or impedes access of those goods and services of the physical location (such as making a room reservation, for example) and create an archived video quarterly to have proof of accessibility. The videos will be stored by Accessible Crew and will be available upon request as proof should your business be targeted by serial lawsuit plaintiffs and firms. Our terms will protect against any discovery of of the results of our investigation. All quarterly dates required for future recordings will be determined by the date of the original successful recorded video.
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CHLA has partnered with Accessible Crew, a premiere ADA website accessibility company, to create this member benefit program. Sign-up now for our hassle-free program to have the crew join your team!
If you need assistance signing up or have questions about the program, please reach out to us with your questions at contact@accessiblecrew.com.
Terms
Accessible Crew, LLC agrees to provide a link to a video proof of accessibility to the Client, a member of either California Hotel & Lodging Association (CHLA) or California Association of Boutique & Breakfast Inns (CABBI), to defend against future serial complaints of purported ADA website accessibility. This work will be performed on a limited basis, focusing on key areas of the website, and booking engine that are most likely to impact accessibility.
The Client acknowledges and agrees that services will be retained and only commence when payment of $750.00 and signing of this agreement are received, and when the Client provides the required onboarding information, including the website URL.
The Client acknowledges and agrees that they are receiving a discounted rate for this assessment as a member of CHLA or CABBI. If it is found that the Client is not an active member of CHLA or CABBI, they will be invoiced an additional $200.00 which represents the non-discounted rate of $950.00 for stated service.
If barriers are found in the process of recording a success video, any additional charges to correct those barriers will be communicated to the client before proceeding. Once any barriers are addressed, the recording of the website accessibility according to the ADA will proceed.
Accessible Crew, LLC will provide the Client with a signed and dated statement expressing that the website and booking engine are accessible to individuals with disabilities to the best of Accessible Crew, LLC’s professional opinion. This statement will list the features and interactivity that were deemed accessible using assistive technologies such as screen reader software in combination with keyboard control when attempting to book a guest room, access location and contact information of the facility, review on-site restaurant(s), spa(s), or shop(s) operating hours and or menus, and make dining reservations if offered. If the CHLA member is a business other than a hotel, access to what is deemed as goods and services will be communicated at the time of recording.
Accessible Crew, LLC makes no guarantees that these “proof of accessibility” videos will prevent a lawsuit or any other legal action against the Client or guarantee any particular outcome. However, the documented video proof will help the Client defend businesses against baseless allegations,help defending against any future legal action related to website accessibility and will help minimize the risk of receiving a complaint letter.
Video(s) demonstrating Accessible Crew, LLC’s anaylsis of the website will be password protected, archived on Dropbox, available only to the member, us and counsel. The videos are not searchable by the public and can only be accessed if the end-user has the actual, full URL of the video. Accessible Crew, LLC, is not responsible for any links shared or published on the internet or in electronic communications outside of its control. Accessible Crew, LLC, is not required to notify the Client if video(s) are no longer available at the provided link.
Client acknowledges that any reports or videos generated for Client will be prepared pursuant to the request and review of attorney Philip H. Stillman as part of the CHLA ADA Defense Program and as such will be deemed to be protected by the attorney-client privilege and work product doctrine.
This agreement is for a limited scope of work and does not establish any ongoing obligation or relationship between Accessible Crew, LLC, and the Client other than as set forth herein. Any additional work beyond the scope of this agreement will require a separate agreement between the two companies.
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