The following
waiver of liability and indemnity agreement is designed to limit liability
related to COVID-19 for customers or persons who enter a business’s premises
and utilize its services. However, it is unknown the extent to which any court
in any jurisdiction will enforce liability waivers in a pandemic. Moreover,
state laws can vary greatly concerning the enforceability of liability waivers
and the enforcement of waivers depends on a number of factors specific to the circumstances of their use and the nature of the harm alleged. A company cannot
rely on the use of this
waiver of liability and indemnity agreement to guarantee it will be enforceable
for any business activity in which you engage in any jurisdiction. Keep in mind
that your company will be held to a standard of care concerning COVID-19 whether or not you utilize this
waiver. It is recommended that
each company conduct a specific analysis of the best ways to limit the
company’s liability and tailor this waiver of liability and indemnity agreement
to the company’s business and the relevant jurisdiction.