You may have started to notice waivers cropping up when you attend various institutions or activities. You may as a business have created a COVID waiver for people to read and sign prior to entering your place of business. These waivers essentially highlight any risks involved in attending or participating in an activity and that if you participate it is at your own risk.

Are COVID waivers enforceable?

Even if waivers are signed, are they actually enforceable?  Additional questions come to the surface, for example, did everyone who signed the waiver understand what they were signing and agreeing to?  How can you ensure people who signed the waiver understood what they were signing?

If waivers are not enforceable and COVID is going to be in our communities for quite some time, how can we protect ourselves from liability as a business owner and how can we protect ourselves as users of a business or service?

SMP Law encourages a few SiMPle suggestions to follow:

• Before participating in an activity or attending a business, do a little research. Call and find out what their safety protocols are and ensure they are actually following the protocols before you attend.

• As a business owner, ensure you have strict safety protocols and you and your staff are adhering to the protocols diligently. This will develop trust with your customers/clients and will ensure those who enter your business stay safe and healthy.

• Check out online reviews of businesses you frequent. COVID protocols are being reviewed online regularly and will give you a good idea of how a business is handling the pandemic and your safety.

• If you have a specific request, do not hesitate to ask. What might not have been feasible before may have changed in this time of COVID.  Businesses have adapted to a wide variety of new practices to ensure quality service and safety.

• Protect yourself. This applies to both businesses and individuals.  Keep up to date on the latest safety protocols and implement them, either as a business or an individual.  Every city has resources specifically allocated to COVID updates and safety.  Google public health in your city and you will find a plethora of resources.

SMP Law is always here to help if you have any questions. Contact us anytime at SMP Law to help SiMPlify your legal matter at 905-565-9494 or email info@smplaw.ca if you have any questions or would like to book an appointment to meet and discuss your situation and how we can help.

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