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The COVID-19 pandemic has taken all of us into uncharted waters. After the unprecedented near nationwide shutdown, businesses are in various stages of reopening. The ability to reopen is often necessary for the very survival of a business. At the same time, a business may have valid concerns that an employee or customer could contract the virus while on the premises, and sue. In an effort to avoid costly litigation, some businesses are requiring workers and customers to sign a liability waiver or release.

Are Waivers the New Normal?

Just as social distancing and wearing a mask in public are now more mainstream, signing a liability waiver or explicitly acknowledging the associated risks before returning to work or entering a business may also become commonplace.

In mid-July, Walt Disney World Resort begins a phased reopening of its theme parks. Its webpage currently warns: "By visiting … you voluntarily assume all risks related to exposure to COVID-19 … an extremely contagious disease that can lead to severe illness and death."

Similarly, to register for the Trump campaign's recent Make America Great Again rally in Tulsa, Oklahoma, registrants had to click through a disclaimer, which stated in part: "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 rally, 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. … liable for any illness or injury."