In an effort to flatten New York State's infection and hospitalization rate due to the COVID-19 pandemic, Governor Andrew Cuomo signed an executive order in March 2020, mandating statewide lockdown measures. Those measures appear to have been largely effective, allowing New York to begin a phased re-opening. But as many businesses resume activities, their operations in the "new normal" bear little semblance to pre-COVID-19 existence.

With COVID-19 continuing to linger in the northeast, and the possibility of a resurgence this winter, businesses seeking to reopen find themselves in unchartered territory, facing uncertain risk and potential liability. To minimize that risk—specifically, liability relating to COVID-19 exposure—many businesses, especially those that provide services requiring physical interaction with customers or clients, have begun insisting that patrons sign waivers as a condition to either entering the business establishment and/or availing themselves of the business' services.