What if one of your participants exposes another participant to COVID-19? And that participant blames you?

We strongly recommend curling rinks update their waivers and forms before permitting individuals to participate in the sport of curling. Here is why.

All of the information in this section is copied and pasted from a blogpost on the Sport Law & Strategy Group website published on May 20th, 2020 and available here:

https://sportlaw.ca/returning-to-participation-under-covid-19-updating-your-waivers-and-forms/

BACKGROUND

The frst part is a waiver backgrounder / primer. For some curling rinks, this may be the frst time you are looking at waivers. Why does it say what it says? Should you use a template? Can a minor sign a waiver? We answer those questions in a helpful refresher of waiver basics.

The second part is about COVID-19. What should your waiver now include? Who needs to sign it? Should you have a separate ‘return to play’ protocol or does a waiver suffice?

IMPORTANTLY, one general reminder for everyone is that a minor cannot sign a contract that is not a beneft to them and therefore cannot sign a liability waiver. Also, and equally as important, a parent cannot sign a contract restricting their minor child’s rights (which is what waivers do – limit their right to sue). This means that organizations can have adult participants sign a waiver but must use a different type of document for minor participants, such as an ‘assumption of risk’ form. This form still describes the physical and legal risks related to participation but does not limit the minor’s right to sue. A parent/guardian can sign this form and indicate their consent of the potential harm to their child.

WAIVER PRIMER

A waiver is a legal contract signed by a participant who, in exchange for the opportunity to participate, gives up their right to seek legal recourse in the event of an injury. This includes injuries that occur as a result of the organization’s negligence or inherent risks associated with the activity. The participant signs a waiver and accepts not only the physical risks of the sport – but the legal risks as well. The participant essentially waives their basic legal right to be compensated for an injury caused by your organization’s negligence. A waiver should have the following features:

• Clear application to participants over the age of majority;

• A warning that the individual signing the waiver will waive their right to sue;

• Defnition of the rink and the individuals who are being protected;

• References to releasing the organization from liability and claims related to the organization’s own negligence;

• Comprehensive description of curling-specifc physical risks;

• Signature of the participant.