The Legal Do's And Don'ts of Opening a Bathhouse

Thinking about opening a bathhouse or adding sauna and cold plunge experiences to your spa? The growth of thermal bathing and contrast therapy is creating exciting opportunities, but it also brings legal, operational, safety, and insurance risks that spa and wellness operators need to understand. In this episode of StarrCast Podcast, host Lisa Starr speaks with MacKenzie Boling, Esq. of Longevity Law and Adam Wilkins of NFP, an Aon company, about what owners should consider before opening, expanding, or adding thermal bathing experiences. MacKenzie approaches risk from the legal and operational side, while Adam focuses on insurance coverage and broader business exposures. Their conversation goes well beyond slips and falls. They explore regulatory classification and permitting, professional liability, waterborne illness exposure, waivers and informed consent, marketing claims, staff training, guest supervision, and the risks of introducing new wellness modalities before standards and insurance coverage are fully understood. For spa and wellness operators, the message is clear: risk management should begin early. Understanding your classification, aligning your marketing with your actual practices, building strong operating procedures, and reviewing your insurance coverage can help protect both the guest experience and the long-term durability of the business. What You’ll Learn: Why regulatory classification, permitting, and water-vessel requirements should be addressed before construction or opening Why general liability insurance may not cover every exposure in a bathhouse or contrast therapy business How professional liability and waterborne illness coverage may fit into an operator’s insurance strategy Why marketing claims, waivers, informed consent, and operational practices need to align What spa owners should consider before adding sauna, cold plunge, breathwork, red light therapy, IV therapy, or other wellness modalities Timestamps / Chapters: 00:00 – Why bathhouse growth is raising new questions about risk 07:47 – What are the biggest risks for bathhouse operators? 10:02 – Is general liability insurance enough? 18:44 – Can your marketing increase your legal responsibility? 29:14 – How much protection does a waiver really provide? 36:13 – What happens when a spa adds sauna or cold plunge? 43:48 – How do new wellness modalities affect insurance? 46:31 – What should operators ask their insurance broker now? Meet the Guests: MacKenzie Boling, Esq. of Longevity Law conducts immersive risk reviews for bathhouses, saunas, thermal bathing programs, pop-ups, and pre-opening projects, examining areas including operational compliance, staff training, the physical environment, and the guest journey. Her professional background also includes criminal defense law, massage therapy, and sauna master training. Adam Wilkins is a property and casualty insurance broker with NFP, an Aon company, who works with businesses involving alternative wellness and medicine, including hot and cold exposure. His approach encourages owners to understand their broader business risks rather than viewing insurance as a simple policy purchase. One of the most useful questions an operator can ask an insurance broker is: What exposures do I currently have that are not insured but might be insurable? And from an operational perspective, MacKenzie recommends auditing the business through the eyes of a first-time guest, including marketing, social media, FAQs, claims, and SOPs. As bathhouses, contrast therapy studios, and thermal bathing experiences continue to expand, strong operating standards and thoughtful risk management will be essential to creating safe guest experiences and viable wellness businesses for years to come. Subscribe to StarrCast Podcast for more conversations about the business of spa and wellness: https://act-3-agency.link/wb-subscrib...