This document can be used as a release form / COVID-19 Liability Disclaimer / Waiver / Declaration for Use of Premises by a licensee to release the venue owner/licensor from any liability from COVID-19 relating to the use of premises for public gathering.
A robust disclaimer/waiver agreement typically includes different sections aimed at protecting the venue owner/licensor against legal claims from the licensee/attendees:
Safety Protocol - sets out the safety measures required by the licensor on the licensee and the attendees - health screening, face-covering, social distancing, and sanitization;
Acknowledgement - acknowledgement by the licensee and attendees that they have no COVID-19 symptoms, have not travelled or been in touch with any person with COVID-19 in the past 14 days;
Disclaimer of Liability - the licensee and attendees will assume all COVID-19 risks for themselves and their family members. The licensee/attendees covenant not to sue the licensor and indemnify the licensor against any COVID-19 claims.
Property / Venue owner may wish to set out a COVID-19 safety protocol/disclaimer for a licensee who wishes to hold a public gathering and seek waivers/disclaimers/indemnities from the licensee for assuming the COVID-19 risk and to hold the licensor harmless from risk.
For such a disclaimer/waiver to be effective, it should be in the form of an agreement between two parties — such as the licensor and the licensee — limiting one party’s future legal rights against the other.
This licensee is also required to ask the attendees to provide a written declaration that requires the acknowledgement or signature of the attendees.
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