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-   -   Covid Liabilty Waiver (https://www.bbq-brethren.com/forum/showthread.php?t=285042)

HBMTN 08-31-2020 09:08 PM

Covid Liabilty Waiver
 
I've been reading up on Covid Waivers and read through several of them and drafted my own from what I've read and thought I'd share it with you all and you might consider adding one to your contract. If anyone has great info to add or a better one feel free to share. NOTE: this was not drafted or reviewed by an attorney but snibbetts taken here and there from other waivers that were probably drafted by an attorney. Use at your own risk.

The World Health Organization has declared Corona Virus Covid-19 a global pandemic. By signing below the client agrees they are at least 18 years of age and fully competent and aware of the risks and hereby release, waive and discharge (YOUR BUSINESS NAME HERE) it’s board, officers and independent contractors, affiliates, employees, representatives, successors and assigned from any and all liabilities, claims, demands, actions, and cause of action what so ever, directly or indirectly arising out of or related to any loss, damage, injury or death, that may be sustained by client related to COVID-19 from service provided by (YOUR BUSINESS NAME HERE). Client agrees to indemnify, defend and hold harmless (YOUR BUSINESS NAME HERE) from any and all costs, expenses, damages, lawsuits, and or liabilities arising whether directly or indirectly from or related to any and all claims made by or against any of the released party due to injury, loss, or death due to COVID-19 from this event.

ynotfehc 09-21-2020 10:40 AM

As the caterer, how would we be responsible if an attendee of an event hosted by someone else gets covid19? I'm not the host of the event. Its been documented that surface transmission is minimal to non-existent. Unless a member of your catering staff is the source, but if we take proper prevention steps and health checks, then I just don't see much liability for us. Or am I missing something?

InThePitBBQ 09-21-2020 02:21 PM

Per my attorneys, especially given the nature of some of the well to do collegiate alumni clientele we cater to for large fall football events plan on getting drug over the sharp edge of the courthouse steps if anyone attending the event in any capacity gets sick.

It's on you and the host, 100% ~until there is a *cure* or *vaccine* to provide a measure of liability insulation.

If Wide Load Aunt Betty claims she picked up the Covid on her 4th trip through the serving line for pulled pork, it's on you to prove she didn't pick it up off your service table.

If Wide Load fails to provide supporting docs in court to show she got herself vaccinated once it's made available and or willfully refused a mandatory vaccination then onus is on her and you walk away.

This is why everything is closed or in partial shutdown mode at this point.

HBMTN 09-23-2020 03:22 PM

Per my attorney - you can be sued for anything at any time. For instance, if our cateriing company serves abc at a wedding and a guest of the event goes out and gets into a car accident later that night after drinking and kills someone. The family of the deceased will hire an attorney who will then sue everyone possible, the caterer, bartenders, party host, venue, drunk driver and whom else they think could play a role. all sued parties then must hire an attorney to try to get out of the lawsuit and each party will pay those attorneys $$$ to get them out of it. This waiver states that if this happens, the host of the party (who signed our catering agreement) will be covering all of our expenses/liabilty to do so should they arrise due to COVID. It's better to be safe than sorry and if you look around the country there are many of these waivers popping up on food establishments and venues, university kitchens, etc. It's just one extra step of CYA if you feel you don't need it then that is cool too.

Twigg 09-24-2020 08:10 PM

You will still be sued and need an attorney to enforce that clause. And it could be a tough battle if you are accused of negligence and the validity of the clause questioned.

You may, or may not, get money back in the end, but you would have to pay upfront.

just sayin'

HBMTN 09-25-2020 07:43 PM

Quote:

Originally Posted by Twigg (Post 4384439)
You will still be sued and need an attorney to enforce that clause. And it could be a tough battle if you are accused of negligence and the validity of the clause questioned.

You may, or may not, get money back in the end, but you would have to pay upfront.

just sayin'

Agreed there is a reasonable chance you'd have to pay and not get reimbursed. Without the clause though that chance is 100% should it happen. Just trying to help those who would like to cover their rear a little better is all.

ashleypaul 10-27-2020 04:43 AM

Thanks for the thread. My friend was looking for related information:grin:


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