Tool: Model Visitors’ Waiver of COVID-19 Infection Liability Form

As long as COVID-19 remains a threat, you run the risk of being sued by patients, vendors, guests and other visitors (“visitors”) who claim they contracted the virus at your lab facility as a result of your inadequate safety measures. One way to limit liability is having visitors sign a form agreeing to waive their rights to sue you for COVID-19 infections before entering the lab. Although there’s no guarantee that a court would enforce such a waiver, the Model Form below uses fairly conservative language that has been found to be enforceable in other situations. Caveat: The inclusion of the phrase purporting 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.