Category Archives: COVID-19 related updates

COVID-19 Release and Waiver of Liability Participant Waivers

Update: April 7, 2020

 

The COVID-19 Release and Waiver of Liability in both English and Spanish is written specifically for CFSA General Liability Risk Pool Members. If CFSA does not provide your fairgrounds’ General Liability Coverage, please contact your insurance carrier or legal counsel as you may deem appropriate, so that they can adapt the waiver to your coverage; please do not use this document without that review. We are sharing this document with everyone in the fair industry out of a spirit of cooperation and support of the entire Network of California Fairs because are all in this together.

 

For CFSA General Liability Risk Pool Members, those who must sign the waiver include, but are not limited to, the following individuals entering the grounds for fairground-related activities:
  • All volunteers, including fair board members
  • Horse boarders
  • Anyone working your junior livestock auction activity including any aspect of alternative auction activities (e.g., grading, health exams, transport)
  • All livestock exhibitors, parents, and leaders even if they do not leave their vehicles.
  • Any service members picking up or dropping off equipment
 Individuals that do not need to sign the waiver include:
  • Fairground employees
  • Anyone working for the agency contracted to provide COVID-19 emergency services on your fairgrounds.
 Please retain the signed waivers either in hard copy or scanned to a digital file for 36 months from the date of signature.
 If you have specific questions about the waivers, please contact the following CFSA staff members:
  • General Liability Claims Manager Mark Stone, (916) 263-6171 (not available on Fridays)
  • Risk Analyst Mario Castagnola, (916) 263-6145
  • Risk Department Manager Tom Amberson, (916) 263-6180

Why are waivers, in general, so important? 
CFSA’s Memorandum of Coverage for the General Liability Risk Sharing Program provides protection for participant liability as long as your fair makes a good faith effort to obtain participant liability release waiver forms from all participants in athletic team; equestrian, motorized, or rodeo events; as well as other hazardous participant activities taking place on your fairgrounds.

Make sure every participant signs a waiver form BEFORE being permitted to participate in the event or activity. By signing a participant waiver form, the participant is agreeing to assume any and all risks of bodily injury, including death, or property damage that may arise out of the hazardous nature of the event or activity in which they’re participating. We realize your fair might not have the staff to take on this task.  If a vendor is running a hazardous activity on your fairgrounds (such as a mechanical bull), make sure the vendor knows it is their responsibility to have participants sign a liability release waiver. You can even ask that the vendor turns in the signed waivers to the office at the end of each day.

You may use CFSA’s approved Release and Waiver of Liability Agreement form or the form required by the insurance company of the contractor/renter.

Please note: Signed waiver forms for fair sponsored events/activities must be kept on file at your fair for at least three years as they may be needed later in the event of a claim or lawsuit.

If you have any questions regarding participant liability or the use of either the COVID-19 or regular waiver forms, please contact Mario Castagnola, CFSA’s Risk Analyst, at (916) 263-6145 or mcastagnola@cfsa.org.

COVID-19 Release of Liability Waiver Frequently Asked Questions

Frequently Asked Questions regarding the CFSA COVID-19 Release
and Waiver of Liability Agreement (“COVID-19 Liability Waiver”):

1. Is the COVID-19 Liability Waiver form issued on April 7, 2020, the
new CFSA Release and Waiver of Liability form or is it just for
COVID-19?
The April 7, 2020 document is for use only for activities on your
fairgrounds during the COVID-19 pandemic and should be used
until all governmental agency restrictions are lifted.

2. In general, who must sign this waiver?
CFSA recommends that any individual entering the fairgrounds
on a voluntary basis to participate in a fair-related activity
should be required to sign the waiver.

3. In general, who does not have to sign the waiver?
a. Any individual on the fairgrounds in a professional capacity
either through a written agreement/contract with the fairgrounds
or through the individual’s employer (i.e. UPS, Fed Ex, USPS,
COVID-19 emergency response, fairground lessee).
b. Any patient or person receiving services from an agency using
the fairgrounds in response to COVID-19.

4. Do RV Park tenants need to sign the waiver?
a. If you have a pre-existing written agreement with the RV Park
renter, probably not. CFSA would like to review your RV Park
rental agreements to be sure. Please send your RV Park rental
agreement form to Mario Castagnola at mcastagnola@cfsa.org
for review.
b. While CFSA discourages any member fairground from
accepting new RV Park renters during the COVID-19
pandemic, if you do allow new renters, those renters should
each sign a COVID-19 Liability Waiver.

5. Do horse boarders need to sign a waiver?
If the boarders are coming to the fairgrounds routinely to care for their animals, CFSA requests that they sign a waiver one time to cover all of their visits during the pandemic, especially if your fairgrounds is also serving as a COVID-19 response facility.

6. Do contractors doing a job walk as part of the construction bidding process need to sign a waiver?
No, unless the waiver has been made part of the bid specifications.

7. Do fair board members have to sign the waiver?
No, as long as they are on the fairgrounds in their capacity as a member of the board.

8. Do the waivers have to be signed in person, onsite?
a. The ideal answer is yes; however, recognizing the conditions presented by COVID-19, the following are alternative valid methods to obtain signed waivers:
i. Email the waiver form to the individual with a specific identification number that the individual needs to put next to their signature. No identification number can be used more than once. The individual can scan and email the signed waiver with the identification number back to the fair.
ii. The individual can print the waiver form from the fairground’s website, fill out and sign the form, and when they arrive on the fairgrounds, staff shoots a short video of the individual acknowledging that this is their waiver bearing their signature.
b. Recommended methods for obtaining signed waivers onsite:
i. All fairgrounds’ staff/volunteers handling waivers wear gloves and masks.
ii. Waivers are handed to one person at a time, preferably in their vehicle.
iii. Guests fill out the waiver in sight of fairgrounds’ staff/volunteer with 6-foot social distance maintained at all times.
iv. Guests deposit signed waivers in a drop box.
v. Drop box is not opened by fair staff for a minimum of five days; forms are collected from the drop box by fair staff wearing gloves.

9. What if individuals who are entering the fairgrounds on a voluntary basis to participate in a fair-related activity refuse to sign the waiver?
CFSA strongly recommends that you refuse the individual entry onto the fairgrounds in this circumstance.

Important Note: Save all signed waiver forms and copies of all documentation related to the waivers, including all related emails and video recordings. Keep both a paper copy (if possible) and a digital copy of the signed waivers and any related emails, along with a digital copy of any videos, for at least three years after government restrictions are lifted.

Revenue Protection Program Update: Notarization not required on Proof of Loss Forms in 2020

Because the health and safety of our members is of the utmost importance to us, CFSA is waiving the requirement to have your signature on the Sworn Statement in Proof of Loss notarized when submitting your Revenue Protection Program claim in 2020. If you have any questions please contact Mario Castagnola, CFSA risk analyst, at (916) 263-6145 or mcastagnola@cfsa.org.

CFSA remains active and ready to assist our program members through these difficult times. Please do not hesitate to call upon us.

Additional Resources:
Proof of Loss Form
Revenue Protection Program Insurance Alert, March 11, 2020

April 2020 New CEO Orientation Postponed

Woman holding a date book.In light of mass gathering restrictions due to the COVID-19 pandemic, the April 1 and 2 New Fair CEO Orientation has been postponed. We will keep you posted on the orientation’s new dates. In the meantime, stay safe!  

Hosted by California Fair Services Authority (CFSA), California Construction Authority (CCA), Western Fairs Association (WFA) and CDFA’s Fairs & Expositions (F&E) Branch, the 2020 New CEO Orientation kicks off with a day at the Fair Services Building in Sacramento, home to CFSA, CCA and WFA. You’ll meet agency staff and get an overview of each agency’s responsibilities. You’ll also learn about the resources available to you from CFSA, CCA and WFA, and how CFSA, CCA,  WFA and F&E work together on conferences, conventions, training opportunities, and more.

You’ll spend Thursday downtown at the CDFA offices, meeting with staff from F&E. You’ll enjoy a continental breakfast followed by a  Welcome  from CDFA Deputy Secretary Arturo Barajas, and informative sessions on everything from an overview of F&E and California State Rules to Financial Reporting and Board Relations.

As we get closer to the orientation’s dates (about the second week of March), you’ll receive a full agenda along with a short registration form, hotel suggestions and directions to the Fair Services Building and CDFA’s headquarters.

 If you’re not sure you qualify as a new CEO, if you missed the orientation last year and would like to attend this year, or if you would like a refresher course on the resources available to you and your fairgrounds, please contact Melissa Thurber, CFSA Communications, at mthurber@cfsa.org for a registration form and event details. There is no cost to participate in the orientation. Everyone is welcome!

 

Questions? Please contact Rebecca Desmond, CFSA’s Executive Director, at 916/263-6161 or rdesmond@cfsa.org.