These documents are samples created from a number of the documents related to the COVID-19 pandemic that are currently circulating. However, these documents have not been reviewed by a lawyer for adequacy, sufficiency, enforceability or even appropriateness for particular circumstances. They do not constitute legal advice and are intended solely for informational purposes. You should have any legal document your business plans to use reviewed by an attorney who is familiar with the specific circumstances of your business.
01
BUSINESS NAME
RELEASE, WAIVER AND ASSUMPTION OF RISK RELATING TO VIRUS, AND AGREEMENT TO ARBITRATE
In consideration of the [Business Name] (the “Business”) permitting me to enter upon Business property [and to participate in Business activities] as the Business re-opens after the California and City and County of Los Angeles stay-at-home orders have been put in effect, and recognizing the risks of doing so, including but not limited to the risk of illness, disability and death from exposure to the SARS-CoV-2 and other coronaviruses (collectively, the “Virus”), I, by my signature below, for myself and on behalf of the minor children who are currently accompanying me (“my Children”) if any, and each of my heirs, agents legal representatives and assigns, hereby agree as follows:
- Protection of Others.a. I agree to comply with the Business’s rules regulations and procedures and any additional rules and procedures issued in connection with the pandemic, including but not limited to those which may require social distancing and the wearing of facemasks, and to require my Children to do so as well.b. I consent to having my temperature taken as a condition to entering or remaining at the Business. I acknowledge and agree that the Business maintains the right to deny entry to the Business facilities or participation in Business activities if the result of the temperature check indicates a potential of exposure to the Virus.c. I will not, and will not permit my Children or guests to, come onto Business property if I or they have any symptoms of the Virus, if I or they have contracted the Virus and have not fully recovered from the Virus, or if I or they have knowledge of any exposure to the Virus within the prior 14 days or are for any reason subject to any recommended self-quarantine or isolation. [I agree to immediately notify the Business if I or my Children contract the Virus and specifically authorize the Business to disclose such information to all of its employees, members and/or third persons that I or they may have come into contact with at the Business’s property.]d. I acknowledge that I shall be subject to removal from the Business premises [and prohibited from further patronage of the business] if I do not comply with any of the provisions in this Section 1.
- Assumption of Risk, Waiver and Release.a. I acknowledge the contagious nature of the Virus and voluntarily assume the risk that I and my Children may be exposed to or infected by the Virus at the Business and that such exposure or infection may result in personal injury, illness, permanent disability, and death.b. I release, hold the Business harmless against, and give up any and all claims, causes of action, loss or damages (“Released Claims”) I or my Children, now or in the future ,have against the Business, its successors, officers, directors, members, employees, agents, representatives, attorneys, insurers and assigns (hereafter referred to as the “Released Parties”) arising from or relating to the Virus, including, but not limited to, any and all claims, causes of action, loss or damages I or my Children, now or in the future, have for bodily injury, emotional or psychological injury, property damage/loss or death due to the negligence (active or passive) of any of the Released Parties, and specifically including (but not limited to): (i) exposure or potential exposure to the Virus; (ii) the negligent acts or omissions of the Business, and/or the Released Parties related to or arising out of the Virus or efforts to protect against the Virus; (iii) illness, physical injury, bodily injury, or death, arising out of the Virus; and (iv) exposure to any individuals either on Business property or in the Business’s premises, who have the Virus, or to property that may hold or contain the Virus.
- [ Agreement to Arbitrate. I each agree that any claim, grievance, demand, cause of action or dispute of any kind whatsoever (“Dispute”) arising out of, in connection with or in relation to the Virus shall be settled by arbitration before a single JAMS arbitrator and conducted in Los Angeles, California under JAMS Comprehensive Arbitration Rules & Procedures found at www.jamsadr.com rules, with enforcement of any resulting award governed by applicable California Code of Civil Procedure sections 1285-1288.8 (copies of which will be provided on request.) The arbitrator, and not any federal, state, or local court or agency, shall have the exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability, or formation of this Agreement, including, but not limited to, any claim that all or any part of this Agreement is void or voidable. If any provision in this document is held to be illegal or invalid, such provision shall be deemed severed and deleted; neither such provision nor its severance and deletion shall affect the remaining provisions of this document. Each of us has carefully read and understands the above and agrees to all its provisions. Excepting the agreement to arbitrate, which supersedes any prior conflicting agreements, the provisions of this document are in addition to, and do not supersede any documents I have provided or may in the future provide to the Business.]
02
Dear [Creditor],
I hope you are staying healthy and keeping well during this time.
As you might imagine, the COVID-19 pandemic has had a negative impact on our finances this year. The pandemic and subsequent government shutdowns have had a severe impact on our operations here at [business name] and our income has suffered.
Due to these financial setbacks, we are concerned that we will not be able to [pay our _____ bill] [meet the payment schedule we previously agreed upon]. However, we hope to remain in good standing with you. We would like to
[request that you [waive] [delay] [reduce] our obligation to pay _______________________,] [OR]
[discuss our payment obligations and deadlines with the hope that we can find terms that will enable us to adjust our payments to a manageable level during the pandemic but will allow us to stay in business.]
Our hope is that such an arrangement will enable us to [resume payments at normal levels once circumstances improve.] [OR] [repay our deferred obligations as circumstances improve.] We understand that you are also operating a business and probably have your own challenges during these times. Still, we hope we can find an arrangement that works for both of us.
We want to be clear that we would not write this letter if we had the resources to meet our obligations. We can assure you that COVID-19 has been the direct cause of our financial circumstances, and we have every reason to believe that our circumstances will improve if we can manage this crisis.
We look forward to [discussing this with you further] [OR] [your response]. Thank you for your continued understanding and support.
Best regards,
[Insert name and contact information here]
03. RESIDENTIAL TENANT SAMPLE
Re: [Insert address of property for which tenant cannot pay rent]
Dear [Landlord],
I hope you are well. I am writing to inform you that until further notice, I am unable to pay [some of/any of] the rent relating to the property mentioned above due on [date] due to financial impacts related to COVID-19. [Optional – “I am only able to pay [amount] until further notice.”] I have been affected by the COVID-19 pandemic due to the following reasons: [list reasons here – possible reasons may be found at this link]. I understand that I may not be required to provide documentation, but have attached supporting documents to further support my claim. [Possible documents to attach may be found at this link.] Please note that these documents are to be kept confidential and only used to verify my loss of income is due to COVID-19.
As I am sure you are aware, the Chair of the Los Angeles County Board of Supervisors enacted a temporary eviction moratorium on commercial and residential evictions on March 19, 2020 in response to the COVID-19 crisis. The current LA County moratorium will be in effect from March 19, 2020 to September 30, 2020 and may be extended upon review of the Board on a month-to-month basis. Based upon the County protections, I understand that my rent is not being waived and that as a residential tenant under the County moratorium, I will have twelve (12) months following the end of the moratorium period to pay back any amount due.
[*Since some cities have imposed ordinances that allow additional time beyond what the County mandates. It is recommended that tenants making use of the County moratorium also research local ordinances for the city in which they are located to understand their specific rights within their locality and make modifications to this sample letter as needed. A spreadsheet with more detailed information about city-specific requirements may be found here. If applicable, the following language may be included:
Optional, included ONLY if applicable: In addition to the Los Angeles County moratorium, the subject property is located in the City of _________, which has imposed an extended deadline beyond the County moratorium period. Because of this, we will have ____________ months after the end of the [Local Emergency Period] to pay rent.]
Thank you for understanding and cooperation.
Sincerely,
[Tenant]
*[Please check here to see if the city where the property is located has its own moratorium which extends further the time to pay back rent. If so, click on the link to the appropriate city and include the relevant information in the section above.]
04. COMMERCIAL TENANT SAMPLE
Re: [Insert address of property for which tenant cannot pay rent]
Dear [Landlord],
I hope you are well. I am writing to inform you that until further notice, I am unable to pay [some of/any of] the rent relating to the property mentioned above due on [date] due to financial impacts related to COVID-19. [Optional – “I am only able to pay [amount] until further notice.”] I have been affected by the COVID-19 pandemic due to the following reasons: [list reasons here – possible reasons may be found at this link]. I understand that I may not be required to provide documentation, but have attached supporting documents to further support my claim. [Possible documents to attach may be found at this link.] Please note that these documents are to be kept confidential and only used to verify my loss of income is due to COVID-19.
As I am sure you are aware, the Chair of the Los Angeles County Board of Supervisors enacted a temporary eviction moratorium on commercial and residential evictions on March 19, 2020 in response to the COVID-19 crisis. The current moratorium will be in effect from March 19, 2020 to September 30, 2020 and may be extended upon review of the Board on a month-to-month basis. Based upon the County protections, I understand that my rent is not being waived and that [as a commercial tenant with more than 10 and less than 100 employees, under the County moratorium, I will have six (6) months] [OR] [as a commercial tenant with 9 or fewer employees, under the County moratorium, I will have twelve (12) months] following the end of the moratorium period to pay back any past due rent in equal payments unless prior arrangements are made with [you / the property owner].
[*Since some cities have imposed ordinances that allow additional time beyond what the County mandates. It is recommended that tenants making use of the County moratorium also research local ordinances for the city in which they are located to understand their specific rights within their locality and make modifications to this sample letter as needed. If applicable, the following language may be included:
Optional, include ONLY if applicable: In addition to the Los Angeles County moratorium, the subject property is located in the City of _________, which has imposed an extended deadline beyond the County moratorium period. Because of this, we will have ____________ months after the end of the [Local Emergency Period] to pay rent.
Thank you for understanding and cooperation.
Sincerely,
[Tenant]
*[Please check here to see if the city where the property is located has its own moratorium which extends further the time to pay back rent. If so, click on the link to the appropriate city and include the relevant information in the section above.
05
Coming soon.