COVID-19 and waiver forms


Does CV19 now need to be included on your waiver form? Yes.

Waiver forms or Liability Release forms not only create a legal contract limiting or removing a client's ability to sue an operator, it also plays an important role in educating clients on the inherent risks of an activity. If we expect a client to assume the risks, then we need to take steps to educate them on those risks.

Our pre-CV waivers would likely not be construed by the courts to encompass a risk such as a socially transmitted and virulent virus. Now, CV is a known and inherent risk of assembling social groups, which adventure operators do.

For this upcoming season and while CV is still influencing social and policy decisions, it would be worth explicitly listing it on your waiver form as an inherent and assumed risk. In doing so, any potential damage or injury due to a clients' CV exposure during your trips would now be covered (and the operator protected) under the waiver. In the future, transmittable virus or disease will stay on your waiver in a more generic version.

What would this look like?

ASSUMPTION OF RISK
I am aware that XXX Activities involve many risks, dangers and hazards including, but not limited to: accidents which occur during transportation or travel to and from the activities; accidents which occur during XXX, such XXX, XXX, XXX, exposure to COVID-19 or other contagious virus or disease; negligence of other individuals, negligence of other parties participating in XXX Activities and NEGLIGENCE ON THE PART OF XXX TO SAFEGUARD AND PROTECT ME FROM THE RISKS, DANGERS AND HAZARDS OF ACTIVITIES.  I FREELY ACCEPT AND FULLY ASSUME ALL RISKS, DANGER AND HAZARDS ASSOCIATED WITH XXX ACTIVITIES AND THE POSSIBILITY OF PERSONAL INJURY, DEATH, PROPERTY DAMAGE OR LOSS RESULTING THEREFROM... etc.

my waiver blurb: I'm not a lawyer, but I do spend  a lot of time in the waiver world helping out adventure operators! Get input from your lawyer if you are squeamish about inserting a couple of commas in your waiver form...