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11 Miss. Sports L. Rev. 81 (2022)
Liability Waivers: Rethinking the Impact on Sports and Recreational Activities

handle is hein.journals/missisp11 and id is 82 raw text is: LIABILITY WAIVERS:
Ivy E. Painter
Pre-injury liability waivers now hold a new rank of relevancy
with collegiate sports teams following the outbreak of COVID-19
(COVID).1     The constant demonstrations of uncertainty by
collegiate sports teams are complicated debates about conducting
regular-season games throughout the spring of 2020.2 Although
colleges and universities still shoulder massive liability dealing
with students during COVID, there is an associated higher risk
when athletes contract the virus during university-related
participatory sports.3 Surprisingly, some schools appear to believe
that the simple solution is to have players sign liability waivers,4
allow players to assume all the risks associated with the sport, and
waive    any    potential   COVID-related     claims.5   However,
Congressional power players' viewpoints seem to differ on liability
In June of 2020, United States (U.S.) Senators Richard
Blumenthal (Blumenthal) and Cory Booker (Booker) wrote a letter
to the National Collegiate Athletic Association (NCAA)6 urging the
NCAA to prohibit member colleges and universities from requiring
1 See Annette Lopez & Christopher Hood, Fair or Foul?: College Sports and COVID-
19 Liability Waivers, Boies Schiller Flexner (June 29, 2020), https://www.bsfllp.com/ne
2 Id.
a Id.
4 Id.
5 Id.
6 See Richard Blumenthal & Cory A. Booker, NCAA Revokes COVID-19 Liability
Waivers for College Athletes in Response to Blumenthal & Booker Demand, Richard
Blumenthal (Aug. 5, 2020), https://www.blumenthal.senate.gov/newsroom/press/release
and-booker-demand (advocating for student-athletes' scholarships to be honored during
the COVID pandemic if opting not to play).


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