Mask Mandates Are Dropping — Should Your Gym Update Its Waiver and Liability Forms?

New Jersey, Connecticut, Delaware, Oregon, and California have all announced plans to drop their indoor mask mandates in the past two weeks — including for gyms and fitness facilities.

After nearly two years of mask requirements, capacity limits, and COVID-specific protocols, the regulatory landscape is shifting fast. For gym owners, this is welcome news. But it also creates a practical question that too many facilities are ignoring.

What should you do about the COVID-related waivers, signage, and liability forms you’ve been using?

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Don’t rip everything down overnight

The temptation is to toss the waivers, pull down the signs, and pretend it’s 2019 again. That’s a mistake, and here’s why.

Some of your members still expect safety measures. Abruptly dropping all COVID protocols may alienate members who are immunocompromised or simply cautious. A thoughtful transition retains members. A sudden one loses them.

Your waiver still has value — just not in its current form. Even without a mandate, a member who contracts a respiratory illness at your facility could still file a claim. A signed acknowledgment of risk remains a useful defense tool.

And local rules may still apply. State mandates are dropping, but some cities and counties are maintaining their own requirements. Make sure you know what applies at your specific address.

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What to update

Your waiver language

If your waiver specifically references mask mandates or government-imposed requirements, it’s outdated. Shift the language from compliance-focused to risk-acknowledgment-focused.

Out: “Members must wear masks per state order.”

In: “Member acknowledges the inherent risk of communicable illness in indoor fitness environments and voluntarily assumes that risk.”

This broader language doesn’t depend on any specific government policy. It holds up regardless of what mandates come or go.

Your signage

Remove outdated capacity limit signs and mandate-specific language. Replace with evergreen health messaging: “If you are feeling unwell, please stay home and return when you are feeling better.”

Your staff training

Staff who were trained to enforce mask rules need updated guidance. What should they do if a member asks about current COVID policies? What if a member complains about another member coughing? Clear, simple guidance prevents confrontations and potential incidents.

Your cleaning protocols

This is the one thing you should not scale back. Enhanced cleaning protocols are a net positive for your business regardless of COVID. Clean facilities reduce illness, improve member satisfaction, and demonstrate the standard of care that protects you in any liability claim.

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The insurance angle

Your general liability policy doesn’t change because a mask mandate was lifted. What matters to your insurer — and to any court evaluating a claim — is whether you acted reasonably.

That means having policies that reflect current conditions. Training staff on those policies. Documenting your safety measures. Maintaining a clean, well-ventilated facility.

If you haven’t reviewed your insurance coverage since the pandemic began, you’re overdue. Your business has changed — membership levels, revenue, staffing, services offered. Your coverage should reflect where you are today, not where you were in March 2020.

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The transition matters

The end of mask mandates is a milestone, not a finish line. COVID liability will continue to be a factor in the fitness industry for years as cases work through the courts.

The facilities that will be best protected are the ones that made thoughtful transitions, kept good documentation, and maintained proper coverage throughout.

Need help updating your policies or reviewing your coverage? Contact SFIC or call us at (800) 844-0536.