What are the examples of businesses that do not typically have or need a liability waiver, but may want to consider including a coronavirus-specific waiver or language when dealing with clients in the new normal?
As mentioned before, it should be any business that has a person-to-person contact. The list is very comprehensive. However, most important is how your Waiver is worded. It needs to be simple, so everyone who reads it can understand what you're asking them to sign, yet comprehensive enough that it includes the pandemic.
It would be most useful to hire someone who has experience in writing waivers, so that the wording does not contain loopholes which can be damaging to you or your business in case of a claim.
Its treading on thin ice with the pandemic coming back over and over again with variants, but you must try and be careful about it.
Hi Folks, liability waivers must be carefully crafted to achieve the desired result. As others have said, it may not be necessary for some businesses to provide liability waivers, yet perfectly logical and smart for other businesses. The issue at hand is an assumption of risk. The waiver essentially tells the customer that they are assuming the risk of contracting the virus when they enter your business. You can see how this in and of itself must be done well if you want any customers. My advice, hire an experienced attorney if you are considering a liability waiver or just to discuss whether you should or should not have a liability waiver. Look to your industry's trade groups and any advice they are giving in this area as well, still discuss with your attorney. As some have said, there are industries, such as the real estate industry that lives on forms and disclosures that have already incorporated COVID-19 disclosures. The key thing is, as we open, we business owners have the responsibility to provide reasonable protections, policies and procedures for our employees, vendors and customers. Those who do this well will likely do well. Think about turning lemons into lemonade. Let the creativity begin - how about logo face masks, what great advertising, spread the work, not the virus!
A somewhat related topic is the clauses in your insurance policies regarding force majeure (acts of god over which you have no control). Most liability policies have a force majeure clause - go read yours. Many , if not most policies do not include pandemics or epidemics directly in the clause. The clauses typically call out flood, tornadoes, hurricanes and the like. There will be arguments going forward if your Business Interruption Insurance would be triggered by the force majeure clause in your contract. Try to follow this online as there are a number of positions being thrown about for consideration. The insurance company will fight paying out given their tremendous financial exposure. One of the challenges is the government shut down is what caused your business interruption, not the virus directly. The government shut down is not a force majeure in the traditional definition. The virus was the causative element resulting in the shut down. In the law, this is a rather significant distinction. We all need to see how this plays out.
I have created a liability waiver and a few forms for clients to sign before notarizing their estate planning documents. And I let them take care of arranging for the notary services in an effort to remove myself from any liability. But since this is unchartered territory, we don't know if anything will hold up in court. All we can do is our best to be safe, follow CDC guidelines and CYA.
This is a relevant question that has become more of an interest because of COVID-19! The actual clause in contracts is Force Majeure. I recommend you google Force Majeure to get a better understanding of what circumstances would eliminate either party having to perform. In view of COVID-19, I recommend that many business that do have such a provision in a contract seek to amend it to specifically add "pandemics". Those that do not have such a provision or no contract at all should consult with an attorney.
We are using Covid addendums on all residential real estate deals right now in northern Illinois. That is not per se a liability waiver but it is used to protect the parties against unforeseen delays caused by the pandemic.
As Jim Jenkins pointed out, a plaintiff would have a difficult time proving causation, but it is possible. The science exists to provide such proof, but I would imagine it is expensive.
More businesses that are vulnerable: physicians' offices (I was required to sign an assumption of risk type document recently), hospitals, hair salons, and many others.
Answers (1-10)
As mentioned before, it should be any business that has a person-to-person contact. The list is very comprehensive. However, most important is how your Waiver is worded. It needs to be simple, so everyone who reads it can understand what you're asking them to sign, yet comprehensive enough that it includes the pandemic.
It would be most useful to hire someone who has experience in writing waivers, so that the wording does not contain loopholes which can be damaging to you or your business in case of a claim.
Its treading on thin ice with the pandemic coming back over and over again with variants, but you must try and be careful about it.
Hi Folks, liability waivers must be carefully crafted to achieve the desired result. As others have said, it may not be necessary for some businesses to provide liability waivers, yet perfectly logical and smart for other businesses. The issue at hand is an assumption of risk. The waiver essentially tells the customer that they are assuming the risk of contracting the virus when they enter your business. You can see how this in and of itself must be done well if you want any customers. My advice, hire an experienced attorney if you are considering a liability waiver or just to discuss whether you should or should not have a liability waiver. Look to your industry's trade groups and any advice they are giving in this area as well, still discuss with your attorney. As some have said, there are industries, such as the real estate industry that lives on forms and disclosures that have already incorporated COVID-19 disclosures. The key thing is, as we open, we business owners have the responsibility to provide reasonable protections, policies and procedures for our employees, vendors and customers. Those who do this well will likely do well. Think about turning lemons into lemonade. Let the creativity begin - how about logo face masks, what great advertising, spread the work, not the virus!
A somewhat related topic is the clauses in your insurance policies regarding force majeure (acts of god over which you have no control). Most liability policies have a force majeure clause - go read yours. Many , if not most policies do not include pandemics or epidemics directly in the clause. The clauses typically call out flood, tornadoes, hurricanes and the like. There will be arguments going forward if your Business Interruption Insurance would be triggered by the force majeure clause in your contract. Try to follow this online as there are a number of positions being thrown about for consideration. The insurance company will fight paying out given their tremendous financial exposure. One of the challenges is the government shut down is what caused your business interruption, not the virus directly. The government shut down is not a force majeure in the traditional definition. The virus was the causative element resulting in the shut down. In the law, this is a rather significant distinction. We all need to see how this plays out.
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I’d make any Convid-19 waiver as simple as practicable without terrifying my customers/clients.
I have created a liability waiver and a few forms for clients to sign before notarizing their estate planning documents. And I let them take care of arranging for the notary services in an effort to remove myself from any liability. But since this is unchartered territory, we don't know if anything will hold up in court. All we can do is our best to be safe, follow CDC guidelines and CYA.
This is a relevant question that has become more of an interest because of COVID-19! The actual clause in contracts is Force Majeure. I recommend you google Force Majeure to get a better understanding of what circumstances would eliminate either party having to perform. In view of COVID-19, I recommend that many business that do have such a provision in a contract seek to amend it to specifically add "pandemics". Those that do not have such a provision or no contract at all should consult with an attorney.
It would be businesses such as perhaps hair salons, nail salons, perhaps even service companies that go to homes such as AC repair, plumbers etc.
Other businesses that do typically have waivers should update it to include the coronavirus and other types of viruses.
Restaurants also should perhaps at the time that someone puts their name in they could be required to sign before being seated.
Any business that has person-t0-person contact should have the waiver.
Hair salon, Bar, Restaurant
We are using Covid addendums on all residential real estate deals right now in northern Illinois. That is not per se a liability waiver but it is used to protect the parties against unforeseen delays caused by the pandemic.
As Jim Jenkins pointed out, a plaintiff would have a difficult time proving causation, but it is possible. The science exists to provide such proof, but I would imagine it is expensive.
More businesses that are vulnerable: physicians' offices (I was required to sign an assumption of risk type document recently), hospitals, hair salons, and many others.