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Extreme COVID-19 waiver at USO could give second thoughts to Novak Djokovic & other stars

Novak Djokovic at the US Open
Novak Djokovic at the US Open

The COVID-19 waiver for the US Open 2020 has come to light, and many believe its severity might give second thoughts to all the participating players - including World No. 1 Novak Djokovic.

The waiver form will have to be signed by every player before they enter the tournament. And while there has been no official confirmation or statement regarding its exact legal ramifications, the extreme clauses in the form would send a shiver down the spine of anyone reading it.

Will Novak Djokovic and other top players agree to sign the waiver form?

Novak Djokovic had previously expressed his displeasure at the rules and conditions introduced by the USTA for this year’s US Open. While they have since relented on the entourage limit, the organizers seem to have gone a step backwards with this new waiver form.

The Serb is yet to confirm his participation in the US Open, and there are now fresh doubts about whether he will agree to be a part of it.

Novak Djokovic at the 2019 US Open
Novak Djokovic at the 2019 US Open

Filing lawsuits for mishaps or untoward incidents is quite commonplace in the United States of America. And the USTA seems keen on avoiding any such potential lawsuits from players or their families if they were to fall prey to COVID-19.

They have shifted the entire burden of safety on the players by inserting the following clause:

"I voluntarily assume full responsibility for any risks including death, that may be sustained by me or by 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 Centre) or otherwise.”

Is the risk a bit too much now for Novak Djokovic?
Is the risk a bit too much now for Novak Djokovic?

Novak Djokovic and his family have already endured a tough time in the aftermath of the controversial Adria Tour. Many are now questioning whether the Serb will want to invite more stress upon himself by signing such a loaded waiver form.

The language used in the form doesn't allow too much leeway for family members either, as the following clause shows:

“I understand this is a release of liability and agree that it is valid forever. It is my express intent that this waiver binds: (i) the members of my family and spouse, if I am alive and, (ii) my heirs, assigns and personal representatives, if I am deceased.”
Novak Djokovic
Novak Djokovic

As the President of the Player Council, it is likely that Novak Djokovic will be discussing this over with his colleagues. If they decide to go against the waiver, it could lead to more top players pulling out after the likes of Rafael Nadal, Stan Wawrinka, Fabio Fognini and Gael Monfils.

Novak Djokovic following in their footsteps could possibly be the final nail in the coffin of the American Grand Slam, which will also miss the presence of Roger Federer.

The waiver will not only ensure that the USTA is not held responsible for any ill-occurrences, but will also render the existing ATP/WTA insurance schemes null and void. Needless to say, the risk of taking part in this year’s US Open will increased manifold upon signing the form.

The problem now for Novak Djokovic is on two fronts - one as the President of the Player Council, and another as a player. With just about three weeks to go for the US Open, we could expect a decision from the World No. 1 very soon.

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