Liability Waivers In The COVID-19 Age

 Tuesday, August 11, 2020

 CLM Magazine

Many businesses, schools, and event centers use waivers and hold-harmless agreements as a type of security blanket or an extra layer of protection from injury claims.

In the COVID-19 age, these same locales still want the security of a waiver or a hold-harmless agreement; however, as many claims professionals know, waivers may not always be enforceable.

For example, prior to President Trump’s Tulsa rally on June 20, 2020, the event’s registration page had the following waiver language participant hopefuls were required to click in order to obtain a ticket:

By clicking “register” below, you are acknowledging that an inherent risk of exposure to COVID-19 exists in any public place where people are present. By attending the [r]ally, you and any guests voluntarily assume all risks related to exposure to COVID-19 and agree not to hold Donald J. Trump for President, Inc.; BOK Center; ASM Global; or any of their affiliates, directors, officers, employees, agents, contractors, or volunteers liable for any illness or injury.

While this language may be a comfort blanket for the campaign and event organizers, it also demonstrates how many waivers do not meet the requirements that must be satisfied to be enforceable in Oklahoma and other locales.
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