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Each week, PactSafe will discuss and post about specific standardized agreements and how they can be turned into one-click contracts. Last week, we covered Terms of Service. This week, we're focusing on the COVID-19 Liability Waiver: what it is, why its typically signing method isn't ideal, and how it can be turned into a one click contract on the PactSafe platform.
Liability waivers are legal contracts that a person intending to participate in an activity is often required to agree to before participating. The waiver has the participant acknowledge the inherent risks associated with the activity and agree to not hold the service provider responsible for injuries sustained as a result of ordinary negligence. Acceptance of the waiver or hold harmless agreement removes the legal liability from the business and/or persons responsible for it. Liability waivers are generally found to be enforceable, but do not extend to gross negligence.
Businesses have been busy working on plans to re-open amid COVID-19. They’ve updated sanitation protocols, implemented social distancing requirements and screen employees for symptoms. However, as much about how the virus spreads is still unknown and therefore uncontrollable, businesses are considering asking participants in their activities to sign additional waivers related to the possible risk of contracting the coronavirus.
Related: COVID-19 Test Informed Consent Form
Waivers are signed by a person, or parent/legal guardian of a minor, intending to participate in activity like a fitness class or sports competition.
Traditionally people signing waivers sign them with pen and paper or via e-signature on PDF right before participating in the event.
Asking a participant to sign a waiver on the spot doesn’t give participants much time to consider the risk, and as COVID-19 is known to be an airborne virus, signing it when they’re already at the venue largely defeats the purpose of such a waiver.
A one click contract is like any other contract, but it’s presented in a way that allows the person signing it to do so by simply clicking on it. With very few exceptions, any contract can be signed with a single click on a website, from a phone, in an email — anywhere you meet your customers digitally, you can deliver a 1-click contract.
Service providers create a standardized waiver detailing the risk of contracting coronavirus. They can then send the link out via text message or email to any and all participants to accept before the arrive to the venue in person.
Service providers are able to track acceptance of waivers against class or competition registrants in advance of an event. If they see somebody has yet to sign the waiver they’re able to send an email or text message to the contract in a matter of moments.
1-click contracts are absolutely binding. Also known as “clickwraps,” courts have enforced millions of contracts accepted by a single click. PactSafe’s platform was built to help ensure 1-click contracts are created in compliance with all the best practices established in 1000’s of court cases over the past 20+ years.
Learn more about how PactSafe powers contactless, one click contract; check out our Contactless Contract and Policy Kit.