"Voluntarily take responsibility for illness or death" - US Open clause causes a stir
The preparations for the US Open (August 31 to September 13, 2020) are in full swing. Now a waiver agreement regarding possible lawsuits has surfaced on Twitter.
by Florian Goosmann
last edit: Aug 09, 2020, 05:33 pm
The US Tennis Association is doing pretty much everything to make the US Open 2020 corona-safe. The current regulations , including: A player hotel for the participants and their (limited) escort, no spectators on the grounds of the Billie Jean Tennis Center as well as regular tests and "social distancing" wherever possible.
However, it is also clear that you want to stay away from possible claims for damages - should you still get COVID-19 infections despite all precautions. A corresponding waiver, which is apparently supposed to be signed by the players, has now appeared on Twitter - and ensures that you take a closer look.
Among other things, it states that one must be aware of all dangers when entering the facilities around the USTA National Tennis Center, as well as on the way there. And undertake to comply with all health and safety requirements, both those of the association and the state and local requirements.
Better read the fine print this time
You also have to be aware of the risks that would result from the pandemic - from personal infection as well as from others. "I voluntarily take full responsibility for all risks (...), including serious illness, injury or death that I suffer or others who come into contact with me as a result of my presence in the facilities", it also says - followed from a waiver ("to the fullest extent that is legally possible") to sue all listed participating organizations.
Also: "I understand that this is a waiver of liability and I agree that it will last forever."
Some players and stakeholders have already shared the statement on Twitter. Dual specialist Wesley Koolhof commented, "Maybe I should start reading more disclaimers from now on."
Lawsuit against the US Open - there was something ...
The US Open were only involved in a court case in recent years: Genie Bouchard slipped on liquid soap in the locker room in 2015, suffered a concussion and had to cancel her round of 16 match against future finalist Roberta Vinci. As a result, Bouchard was also absent several times. The US association was accused, among other things, of having destroyed video recordings as evidence.
The story ended in 2018 with an agreement , and nothing became official about the amount of financial compensation. However, it should have been at least in the mid-single-digit million range.