The United States Tennis Association has requested players to sign a eye-opening waiver if they wish to participate in the US Open later this month.
A copy of the two-page document has leaked on social media with doubles player Wesley Koolhof also posting a copy on his Twitter account. In it, players must agree to take full responsibility for the risks there could be posed at the event in light of the COVID-19 pandemic and not sue officials should anything happen to them. Including serious illness and even death during the event. One of the controversial clauses in the contract is that they want players to take full responsibility for their outcomes even if there was evidence of negligence from the National Tennis Center.
“I voluntarily assume full responsibility for any risks of loss or personal injury, including serious illness, injury or death, that may be sustained by me or others who come into contact with me, as a result of my presence in the facilities, whether caused by the negligence of the NTC (National Tennis Center) or otherwise,” the contract reads.
Further on, it outlines that those who sign the contract ‘waive forever’ discharge and covenant to sue a series of organisations related to the tournament. In a case of death, this clause also states that family members are also not allowed to sue. Stating that it is the players choice to enter the event.
The waiver states that it is ‘valid forever’ unless there is a subsequent legal challenge to the waiver that annuals the entire contract or parts of it. Interestingly, should a player decide to take legal action for whatever reason, it outlines that they must do it in private. Furthermore, it prohibits the possibility of collective action being taken against the tournament.
“I agree that all controversies and claims between me and any of the releases arising out of or relating to this waiver or my presence at the facilities during the COVID-19 pandemic must be pursued on an individual basis only. By signing this waiver, I waive my right to commence, or be a party to, any class actions or collective claims against the Releases,” the waiver outlines.
The waiver comes amid a growing list of players who have pulled out of the event over travel and safety fears due to the pandemic. Former champions Rafael Nadal and Stan Wawrinka will instead stay in Europe. On the women’s Tour Ash Barty, Kiki Bertens and Elina Svitolina have all withdrawn. There is also still to be confirmation from Simona Halep and Novak Djokovic about their plans for the event.
So far there have been few public comments from the world of tennis regarding the waiver. World No.17 doubles player Koolhof wrote ‘Maybe I should start reading more waivers from now on’ on Twitter. Meanwhile, Sandra Zaniewska, who is the coach of Alize Cornet, commented ‘is the USTA going to do anything about this inappropriate waiver?’
In February 2018 the USTA reached a settlement with Canadian player Eugenie Bouchard after she slipped over and suffered a concussion at the venue three years prior. The jury at the trial concluded that the degree of fault was 75% towards the USTA, who reached a private settlement worth millions. Although the exact figure was never disclosed to the public.
The US Open will get underway on August 31st.
The full waiver
