Yesterday, Governor Brian Kemp signed Senate Bill 359, which enables some protection for businesses during the COVID-19 pandemic. Businesses can post either a sign at their entrance or issue any receipt or proof of purchase for entry, including but not limited to an electronic or paper ticket or wristband, to a person upon entry that states they are entering the business at their own risk. The ticket and poster MUST have specific language, which is in bold in the excerpt below. We have created files for a ticket and a poster that you can print and use for your restaurant. (If you would rather create your own poster, here's a helpful hint for font size: one inch = 72 point)

NOTE: This is not and should not be considered blanket amnesty for businesses. This protection will not help if proven that something happened because of a business’ “gross negligence, willful and wanton misconduct, reckless infliction of harm, or intentional infliction of harm.” You should continue to follow the Governor’s Executive Order and guidelines from the Georgia Department of Public Health and Centers for Disease Control. In addition, you can show your commitment to safety by signing up for the Georgia Safety Promiseand have your employees complete FREE COVID-19 training, THRIVE Georgia. 

Excerpt from SB 359 Pertaining to Businesses Other Than Healthcare Facilities

51-16-3

(a) Except for gross negligence, willful and wanton misconduct, reckless infliction of harm, or intentional infliction of harm, in an action involving a COVID-19 liability claim against an individual or entity for transmission, infection, exposure, or potential exposure of COVID-19 to a claimant on the premises of such individual or entity, there shall be a rebuttable presumption of assumption of the risk by the claimant when: 

(1) Any receipt or proof of purchase for entry, including but not limited to an electronic or paper ticket or wristband, issued to a claimant by the individual or entity for entry or attendance, includes a statement in at least ten-point Arial font placed apart from any other text, stating the following warning:

'Any person entering the premises waives all civil liability against this premises owner and operator for any injuries caused by the inherent risk associated with contracting COVID-19 at public gatherings, except for gross negligence, willful and wanton misconduct, reckless infliction of harm, or intentional infliction of harm, by the individual or entity of the premises.'; or

(2) An individual or entity of the premises has posted at a point of entry, if present, to the premises, a sign in at least one-inch Arial font placed apart from any other text, a written warning stating the following:

'Warning

Under Georgia law, there is no liability for an injury or death of an individual entering these premises if such injury or death results from the inherent risks of contracting COVID-19. You are assuming this risk by entering these premises.'

(b) The provisions in this Code section shall not be construed so as to limit or restrict the immunities from liability provided in Code Section 51-16-2; further failure to participate as provided in subsection (a) of this Code section shall in no way limit or restrict the immunities from liability provided in Code Section 51-16-2 nor shall such failure to participate be admissible.