Dear CFMTA/FCAPM Members,
Recently, many Canadian provinces and territories have begun to relax some of the restrictions put in place to reduce the spread of COVID-19. As a result, many of you have or will resume providing face-to-face music lessons. Given the inherent risks associated with face-to-face lessons, the CFMTA is of the view that it would be prudent to obtain a waiver and release from your program participants and/or their parent or guardian prior to participating in further lessons. The waiver applies to COVID-19 and other viral and infectious diseases including SARS, MERS etc (the “Diseases”). The purpose of a waiver and release is twofold: for participants and/or their parent/guardian to acknowledge they are voluntarily assuming the risk of contracting various Diseases while attending lessons; and to waive their right to pursue legal action should they contract any Disease while attending your premises. The CFMTA has retained legal counsel to draft a form of waiver for the exclusive use of our individual members, a copy of which is attached below.
The legal advice obtained by the CFMTA has cautioned that this type of waiver and release may not be legally enforceable given the law in Canada suggests that a minor lacks the capacity to sign a contract of this nature. In some instances, for example in British Columbia, provincial law does not permit a parent/guardian to bind a minor to an agreement that waives the minor’s right to sue. In the circumstances, if a minor contracts a Disease while attending a face-to-face lesson there is no guarantee that a signed waiver and release will provide a complete defense should the minor ultimately choose to pursue legal action. That said, the advice we have received suggests that obtaining a waiver and release is the proper measure to take in the circumstances.
The risks and effects of COVID-19 are still not well understood. In choosing to resume providing your services, please be mindful that various Diseases have been shown to have a higher transmission rate through singing and the use of musical instruments compared to simply speaking. Please ensure you are well informed and up-to-date with respect to Provincial and Territorial health and safety guidelines and protocols such that you are taking every precaution to mitigate the transmission of Diseases, especially COVID-19.
Click here to access the Waiver / Release (please note this is a password protected page) HINT: same password to access any members file