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Visitor COVID-19 Infection Waiver of Liability Form

As long as COVID-19 remains a threat, you run the risk of being sued by individuals or groups who claim they contracted the virus at your facility as a result of your inadequate safety measures. One way to limit liability is by having visitors sign a form agreeing to waive their rights to sue you for COVID-19 infections before entering the building. Although there’s no guarantee that a court would enforce such a waiver, the model below uses fairly conservative language that has been found to be enforceable in other situations. Caveat: The inclusion of the phrase purporting to waive the visitor’s right to insulate you against your own negligence in Sections 3 and 4 is fairly risky and you may want to talk to counsel about whether to use it in your own waiver.