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PSA: Disney Coronavirus Policy Says Guests “Assume All Risks” For Exposure

davidvel

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This would not at all be binding in California. They must not be negligent, and take all reasonable measures to ensure safety. This will e the most difficult, and potentially costly, issue as the country reopens, unless some uniform legislation is put in place.
 

pedro47

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Will Disney due anything to ensure the villa have been sanitize before the next guest occupy the guest room?
 
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turkel

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Makes sense to me.

They didn’t say they wouldn’t try to mitigate risk, but buyer beware is a totally reasonable response.
 

sfwilshire

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I don't know if the statement is legally binding, but I don't blame them for making it. Some people that catch the virus before during or after a WDW visit would file a lawsuit. They have good lawyers who probably recommended that action. I don't think it means they will do anything less to keep guests safe.

Sheila
 

PeterS

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Interesting.... What if you bought an annual pass under the original agreement and half way through the year (when they reopen) they change the agreement to excuse themselves of liability? If you don't agree with the new terms... would they refund the balance?
This could be interesting....
 

Monykalyn

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I don't know if the statement is legally binding, but I don't blame them for making it. Some people that catch the virus before during or after a WDW visit would file a lawsuit. They have good lawyers who probably recommended that action. I don't think it means they will do anything less to keep guests safe.

Sheila
Disney is really safety focused, so I do have faith that they will still do all to keep guests as safe as possible. Unfortunately there is always a percentage who go looking for a fight and how they can milk a situation so don't blame Disney for explicitly stating this.
Interesting.... What if you bought an annual pass under the original agreement and half way through the year (when they reopen) they change the agreement to excuse themselves of liability? If you don't agree with the new terms... would they refund the balance?
This could be interesting....
No the agreement on the AP is vague enough that they can pretty much do anything. We activated our passes in January-currently the company is offering refund for days closed (paid in full passes) or suspending monthly payments. If you don't do the refund or suspension then days will be added to your passes expiration date the number the parks are closed. Up over 60+ days now. In Shanghai they are not "reactivating" passes (starting up countdown to expiration date) with the park at limited capacity-which is a fine gesture actually. I hope they can do something like that here when the parks open as doubtful they will be full capacity. Universal studios is offering nearly the same offer as well.
 

Tank

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Nobody should be responsible except yourself
If you go anywhere you could get sick -anywhere.
travel at your own risk! We are all going to have to do this sooner or later.
Businesses can only do so much, should be no lawsuits allowed IMHO.

Just because doors are opening doesn’t mean one should go, But they will be lined up just like the bars and restaurants where this last weekend. Can’t possibly clean everything properly, they can only due so much.
 
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Talent312

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The world is full of risks and hazards to which everyone is subject.
If you dine out and the seating is LT 6' apart, that's a visible risk you take.
If you go to a theme park where there are thousands, that's on you.

OTOH, if they do not warn and sanitize common objects, that's on them.
.
 

PeterS

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The world is full of risks and hazards to which everyone is subject.
If you dine out and the seating is LT 6' apart, that's a visible risk you take.
If you go to a theme park where there are thousands, that's on you.

OTOH, if they do not warn and sanitize common objects, that's on them.
.
Fully agree... people have to estimate their own risk and act upon it as they see fit....

I raised the question about annual passes as the risks have changed and if now you no longer want to the parks at all, should you get a refund?
Say you bought/activated a pass on 1/1/2020 and planned multiple trips over the year and besides the initial Jan visit, you have cancelled all the other trips and no longer want to accept the new risks. Just the way airlines/cruises/tour companies are being pressed to give refunds rather than credits... does that apply to advance use park tickets? Also if you bought an annual pass and now because of reduced admission, you can't get a "reserved spot" to get into the park... again, this is not what you originally bought which was a pass that gave you 365 days of use... This may be easier for Disney to fight as all tickets are subject to capacity restrictions, but it does raise another argument for refunds.

I think the Shanghai idea of not reactivating the pass until your next trip/usage is a great way around it... if a pass was only used for 3 months before the stoppage, you have a pass with 9 months to go but only starts on your next use/reactivation. If you decide to rebook your multiple trips 12-18 months later, you pickup right where you left off... That seems to be the fairest way.... We will see....
 

cbyrne1174

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I think a lawsuit is fair for employees that are expected to go back to work indoors where people aren't required to wear face masks. They can't stay on unemployment if they're called back in and wearing a face mask is literally a piece of cloth that reduces transmission by over 90% when both parties wear one. Mandatory face masks should be a standard everywhere. It's no different than "no shirt, no shoes, no service". Only in 'Merica where "freedom" = selfish reckless behavior. I've been teaching my 5 year to wear a facemask. She wore one at the park and when we went and got food. She has no problem with it, so I don't see why grown ass adults have such a problem.
 
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Here's the problem with filing a lawsuit because a visitor caught Covid-19. The Disney lawyers will argue that there is no way to determine they got it at any Disney parks. Let's say a person stayed 7 days at a DVC resort or hotel, and only ventured out to the parks and did not go out of the Disney property. Even then, the corporation could say they were exposed by a fellow visitor at the hotel/DVC and not the parks. Maybe they left the property, went to a grocer or restaurant. Essentially, the exact point of contracting the virus is hard to pinpoint. And, when was the person tested negative and then tested positive?

TS
 

sfwilshire

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I think the Shanghai idea of not reactivating the pass until your next trip/usage is a great way around it... if a pass was only used for 3 months before the stoppage, you have a pass with 9 months to go but only starts on your next use/reactivation. If you decide to rebook your multiple trips 12-18 months later, you pickup right where you left off... That seems to be the fairest way.... We will see....
That would certainly be the most customer friendly answer and might encourage people to keep buying annual passes, even if no vaccine is found. Many of us are going to be very hesitant to start visiting the parks immediately. It might reduce revenue in the short term, but keeping some of your most loyal customers happy so they keep spending their money in your parks in the future would make it a smart business decision. Even if they aren't getting admission money out of you right away, most guests spend a lot on food and merchandise.

Sheila
 

TravelTime

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I do not think that anyone should be able to sue a business or individual just because they caught covid. The only exception I would make is if there is intent or clear negligence.
 

davidvel

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Here's the problem with filing a lawsuit because a visitor caught Covid-19. The Disney lawyers will argue that there is no way to determine they got it at any Disney parks. Let's say a person stayed 7 days at a DVC resort or hotel, and only ventured out to the parks and did not go out of the Disney property. Even then, the corporation could say they were exposed by a fellow visitor at the hotel/DVC and not the parks. Maybe they left the property, went to a grocer or restaurant. Essentially, the exact point of contracting the virus is hard to pinpoint. And, when was the person tested negative and then tested positive?

TS
I do not think that anyone should be able to sue a business or individual just because they caught covid. The only exception I would make is if there is intent or clear negligence.
Which is why the strict reopening regulations need to be in place. It's basically impossible to prove where you cought it, which builds in an almost perfect defense for public attractions. They can do nothing and claim "sorry, you got it somewhere else and can't prove otherwise," which provides no incentive to institute preventative measures.

Regulations, either imposed, or self-imposed, are necessary to instill public confidence in these places, and make them as safe as reasonably possible.
 

PeterS

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In Shanghai they are not "reactivating" passes (starting up countdown to expiration date) with the park at limited capacity-which is a fine gesture actually. I hope they can do something like that here when the parks open as doubtful they will be full capacity. Universal studios is offering nearly the same offer as well.
I think the Shanghai idea of not reactivating the pass until your next trip/usage is a great way around it... if a pass was only used for 3 months before the stoppage, you have a pass with 9 months to go but only starts on your next use/reactivation. If you decide to rebook your multiple trips 12-18 months later, you pickup right where you left off... That seems to be the fairest way.... We will see....
I misread your post about Shanghai reactivating passes.... you said not until they are at full capacity... I thought it was on next visit...
On the Shanghai site it has the same options as WDW, you can just get it extended by the length of the shutdown or keep the same expiration date and get a refund for the lost time. I couldn't find the part of not reactivating until full capacity but when I called Disney about how the refund would work, they said, they have no formal procedures yet because they can't set an amount until the parks reopen and they know the exact amount of time the park is closed.
We shall see how this plays out....
 

Monykalyn

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I misread your post about Shanghai reactivating passes.... you said not until they are at full capacity... I thought it was on next visit...
On the Shanghai site it has the same options as WDW, you can just get it extended by the length of the shutdown or keep the same expiration date and get a refund for the lost time. I couldn't find the part of not reactivating until full capacity but when I called Disney about how the refund would work, they said, they have no formal procedures yet because they can't set an amount until the parks reopen and they know the exact amount of time the park is closed.
We shall see how this plays out....
I read the passes on Shanghai not restarted on a Disney board. Hope it’s true, if I recall it was from someone who actually has a pass to Shanghai who said that. So maybe they got emails or something?
And with Universal opening up I guess the passes will restart in spite of limited capacity and restrictions there...
 

Karen G

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Disney's PSA seems just like notices one sees in restrooms at restaurants that serve alcohol:

"Drinking alcohol at any time during pregnancy can cause serious health problems for your baby" or something along that line.

All kinds of businesses have similar statements or signs. I know that prior to even starting an exercise class people are warned to check with their doctor or
not to try certain activities if one has a heart condition, etc. I think it's just part of doing business today and even before the virus attacked.
 

dago

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Seems reasonable to me. There is a risk to anything we do. That disclaimer is a CYA. As mentioned in other posts, we all have to assume some risks and some people are always looking to blame someone else for their mistakes in judgement. There is no implication that Disney is not taking the necessary precautions.
 
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