Businesses begin requiring customers to sign liability waivers

MONTEREY COUNTY, Calif. (KION) More businesses are reopening each week as the coronavirus pandemic continues, but there are some new rules customers will have to follow to use services and it isn't without risk.

Some businesses, like gyms, are requiring patrons to sign liability waivers, which basically means you won’t sue if you come in and contract the 
virus.

So what happens if you sign the waiver and contract COVID-19? Who bears the responsibility?

The answer is it depends. Attorney Paul Rovella said businesses have a 
responsibility to create a safe environment for customers, but a customer 
could share responsibility for contracting the virus if they don’t follow 
safety guidelines.

“Two things could be equally true. If a customer comes in and they refuse to wear a mask, they could share responsibility for any injury they incur
while they’re there. Just as much, if not possibly more, than the business 
owner who’s trying to implement these measures,” said Rovella who is managing partner at JRG Attorneys at Law.

California health club In-Shape updated their liability policy to address 
COVID-19.

Signing a liability waiver is pretty standard in some industries, especially at places like gyms, but now other businesses, like salons, are having customers and employees sign them during the pandemic.

Rovella said the waiver could be effective if written correctly and signed.
But it will be challenging to litigate.

“What’s going to be difficult I think is for a consumer or a customer to 
establish they contracted coronavirus or COVID-19 at a particular location 
or time,” Rovella said.

While it may limit or prevent liability, there are some possible repercussions.

“If you’re at a gym and you have membership dues and a member refuses to sign, you may have to refund those membership dues," Monterey County Business Council President and CEO Kimbley Craig said. "It scares customers away. You know, they don’t want to sign a liability waiver.”

All in all, Craig said a business shouldn’t substitute a safe work environment for a waiver.

"Ultimately, it’s the responsibility of the employer to ensure that they 
have a safe workplace. That’s what’s really most important,” Craig told KION.

Before going to businesses that are reopening, the health department 
recommends considering the risks and if the trip is essential, especially if 
you have underlying health conditions.