Post-Pandemic Liability: Do COVID Waivers Still Protect Your Facility?

Most states have officially ended their COVID emergency declarations. Capacity limits are gone. Mask mandates have fallen in state after state. The fitness industry is roaring back.

But walk into many gyms today and you’ll find the same pandemic-era waiver sitting at the front desk — referencing emergency orders that expired months ago, safety protocols that no longer exist, and government mandates that were lifted last year.

The question facility owners should be asking: does this waiver still protect me?

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The honest answer

Probably less than you think.

COVID waivers were drafted in a hurry during an unprecedented crisis. Courts have not yet broadly ruled on their enforceability, but the legal landscape is taking shape — and it doesn’t favor stale documents.

What still helps

A waiver that clearly states the inherent risks of indoor fitness activity — including the risk of communicable illness — still has value. Language where the member voluntarily assumes the risk of participating in group activities in an indoor environment is generally sound legal footing.

Waivers that are clearly written, conspicuously presented, and signed without pressure hold up better than those buried in a stack of paperwork.

What hurts you

References to emergency declarations that have expired make your waiver look neglected. Language that attempts to release you from negligence related to COVID safety is unlikely to hold up in most jurisdictions.

And here’s the one that should concern you most: waivers that reference specific protocols you’re no longer following — temperature checks, six-foot spacing, mandatory masks — can be used against you. A plaintiff’s attorney will argue that your own documents prove you weren’t meeting the standard of care you set for yourself.

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What to do now

Fold it into your standard waiver

Rather than maintaining a separate COVID waiver, incorporate communicable illness language into your standard liability waiver. One document. Current language. Clean and simple.

This normalizes the risk acknowledgment and ensures it stays relevant as conditions continue to evolve. A standalone COVID waiver will feel increasingly outdated with each passing month.

Remove every expired reference

Go through the document line by line. Any reference to a specific emergency order, a specific variant, a specific government mandate — take it out. Replace with general language about communicable illness risk in shared indoor fitness environments.

Have an attorney review it

Every state has different rules about waiver enforceability. Some states won’t enforce liability waivers at all. Others will enforce them only if they meet specific requirements. An attorney who knows your state’s law should review your updated language before you put it in front of members.

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Focus on what actually protects you

Waivers are one tool in your risk management toolbox. They’ve never been bulletproof, and they shouldn’t be your primary line of defense. The things that actually protect your facility are more fundamental.

Reasonable safety measures. Clean facilities, good ventilation, a clear sick-member policy. These demonstrate that you take member safety seriously.

Consistent enforcement. Whatever your current policies are, follow them. Every time. With every member.

Documentation. Cleaning schedules, incident reports, staff training records. If a claim arises two years from now, your documentation will matter more than the waiver.

Proper insurance. The financial backstop when everything else fails. Waivers get challenged. Insurance pays claims.

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The claims are coming

It may take years, but COVID-related claims against fitness facilities will work their way through the courts. Members who believe they contracted COVID at a gym. Employees who allege workplace exposure. These cases are being filed now.

The facilities that will be best positioned to defend themselves are the ones that kept reasonable safety measures in place, maintained good records, updated their legal documents as conditions changed, and carried adequate insurance throughout.

Don’t wait for a claim to find out whether your 2020 waiver is still worth the paper it’s printed on.

Contact SFIC to discuss your coverage, or call us at (800) 844-0536.