How to create a liability waiver comes down to three jobs: choose the sections your activity needs, write each one in plain language, and put the result into a form customers can sign on their own phone or a front-desk tablet. Most waivers share a common structure, but the wording that courts accept varies by state, so a local lawyer should review your final draft.
Not legal advice. This article explains common waiver sections and e-signature rules in general terms. Rules differ by state and by activity, so talk to a local attorney (a lawyer licensed in your state) before you rely on any waiver.
What is a liability waiver and why does the wording matter?
A liability waiver (also called a release or an exculpatory agreement) is a document in which a customer acknowledges the risks of an activity and agrees to give up certain claims against the business. Courts in many states have upheld waivers that are clear and specific, while some states limit them or treat them with suspicion, so the exact words and the state both matter.
Two places to read more about that variation:
- Recreation Law collects waiver and release case law by state, including states that are less friendly to releases.
- A 2003 Michigan Bar Journal article reviews release cases from several states in outdoor water sports. It is older analysis, so talk to a local attorney about your state.
Waivers that involve children are handled differently in many states. Our guide to the liability waiver for minors covers who signs, and you should talk to a local attorney about your state's rules for anyone under 18.
What sections do most liability waivers include?
Most liability waivers include the same core sections: a title and the parties, a description of the activity, an assumption-of-risk clause, a release of liability, and a signature block with a date. Lawyers often add more, and which ones apply depends on your business and your state.
- Title and parties. A clear name such as "Participation Agreement and Release," plus your business's legal name, so the signer knows what they are reading and who it is with.
- Description of the activity. Say in plain words what the customer will be doing, whether that is a class, a rental, a tattoo session or a party. Vague descriptions leave gaps.
- Assumption of risk. A section where the signer acknowledges that the activity has inherent risks and chooses to take part anyway. Specific, activity-based language usually reads better than a generic paragraph.
- Release of liability. The part where the signer agrees to give up certain claims. How far a release can go varies by state.
- Indemnification (optional). Some waivers ask the signer to cover certain costs if their actions lead to a claim. Whether to include it, and how, is a question for your lawyer.
- House rules and acknowledgments. Your own rules, with a checkbox showing the signer read them.
- Optional add-ons. An emergency contact, a photo or video release, a marketing opt-in, or health questions the customer chooses to answer.
- Governing state and severability. Short clauses naming which state's law applies and saying that if one part fails, the rest can stand. Lawyers word these carefully.
- Electronic consent, signature and date. For an online waiver, a statement that the signer agrees to sign electronically, then the signature and the date.
- Title and your business's legal name
- Plain-language description of the activity
- Assumption-of-risk section written for your activity
- Release of liability, reviewed by a local attorney
- House rules with a required acknowledgment
- Optional: emergency contact, photo release, marketing opt-in
- Governing state and severability clauses
- Electronic consent, signature and date
What do the legal terms in a waiver and e-signature rules mean?
The main federal e-signature law, the E-SIGN Act, says a signature, contract or record can't be denied legal effect, validity or enforceability solely because it is in electronic form. That rule appears in 15 U.S.C. 7001 (Cornell Law School), which also says the Act does not change other legal requirements.
A few plain-English pointers from the same statute:
- Definitions. The Act defines "electronic signature," "electronic record" and "transaction" in 15 U.S.C. 7006 (Cornell Law School), which is a good short read if you want the exact terms.
- Consumer consent. Section 7001(c) sets out what a business tells a consumer when it asks for consent to electronic records, including the right to a paper copy and the right to withdraw consent.
- Record retention. Section 7001(d) says a retention requirement can be met with an electronic record that accurately reflects the information and stays accessible and reproducible.
Most states have also adopted a state e-signature law, often the Uniform Electronic Transactions Act. The Uniform Law Commission publishes that uniform act, and the National Conference of State Legislatures tracks state law changes. For a longer walk through both, see are online waivers legally binding.
An electronic signature being valid is a separate question from whether the waiver's wording will be upheld in your state. The first is about format; the second is about content and state law.
How to create a liability waiver online without starting from scratch?
To create a liability waiver online, start from a template, an existing waiver, or a short description of your business, then edit it in a builder and publish a link, QR code or kiosk. Online Waiver Software gives you three ways to get a first draft, all included on every plan:
- 16 starter templates covering fitness, yoga, tattoo, climbing, escape rooms, trampoline parks, axe throwing, paintball, dog daycare, horseback riding, kayak and paddleboard, scuba, indoor playgrounds, summer camps, salons and spas, and races and events.
- Import your waiver by uploading a PDF or Word file, or pasting your wording, which becomes an editable draft. See import your waiver or use AI.
- Build with AI, where you describe your business in a sentence or two and AI drafts a waiver for you to review and edit.
Starter templates and drafts are samples, not legal advice, so have a lawyer review your waiver before you rely on it. You can also start with the free waiver template or browse waiver software by industry.
- Pick a starting pointChoose a starter template, import your old waiver, build with AI, or send your file to the team to set up.
- Edit in the builderDrag blocks into order, add your own questions and house rules, and watch the live phone preview update.
- Add the consent and signature stepsKeep the electronic-consent screen, choose a drawn or typed signature, and add your business's signature if you want it.
- Get a lawyer's reviewShare the draft with a local attorney and revise the wording they flag.
- Test on a real phoneScan the QR code to preview the draft on your own phone and sign a test copy.
- Publish and sharePublish the waiver, then share the link or QR code, email it, or set up a kiosk tablet at the front desk.
What does a worked example look like for a climbing gym?
A climbing gym would map each waiver section to a builder block and then add its own questions. The example below is only an illustration of structure, not suggested legal wording.
- Title and parties: the gym's name in the heading, plus its business signature on the review step.
- Activity description: a short paragraph naming climbing, bouldering and any classes or birthday parties.
- Assumption of risk: the assumption-of-risk block, edited to reflect the gym's activities.
- Release: release language supplied or approved by the gym's lawyer.
- House rules: a scroll box with a required checkbox.
- Extras: an emergency contact, an optional photo release, and a marketing checkbox kept separate from the waiver.
- Signature: a drawn or typed signature, with the consent-to-sign-electronically screen first.
The builder also lets you set a minimum age, require a signer photo or an ID scan, and choose how often returning customers re-confirm. See the climbing gym page for more.
Why build the waiver online instead of on paper?
An online waiver is easier to search, version and keep than a stack of paper, and the customer can sign on their own device. The comparison below is general, not about any one tool.
| Feature | Paper waivers | Digital waivers |
|---|---|---|
| Finding a signed copy | Search through folders or boxes | Search by name, email or phone |
| Which version was signed | Tracked by hand, if at all | Each signing keeps the version it was signed on |
| Missing or unclear entries | Found after the fact | Required fields checked as the customer goes |
| Customer's own copy | Photocopy on request | Confirmation email and downloadable PDF |
| Storage | Physical space and manual disposal | Chosen retention period |
What should you check before you publish?
Before you publish, check the wording with a lawyer, the signing page on a real phone, how long you will keep records, and how the form handles privacy and accessibility.
- Lawyer review. Ask a local attorney about the release, indemnification, governing-state and minor-related wording.
- Accessibility. The ADA.gov site explains how accessibility obligations can apply to businesses; ask a lawyer how they apply to your online forms. The builder offers a larger text size and per-step screens.
- Privacy. The Federal Trade Commission publishes guidance on privacy, data security and children's data. Link your own privacy policy on the signing pages, and decide whether you want to collect optional details like date of birth.
- Retention. Choose how long signed waivers are kept (1, 3, 5 or 10 years) after asking your lawyer or insurer what period suits you. The Insurance Information Institute has business liability insurance basics.
- Test. Sign a test copy, check the PDF, and confirm the confirmation email reads clearly.
Online Waiver Software is free for 25 signed waivers a month, with paid plans from $15 a month. See features and pricing, and read the liability disclaimer.
Frequently asked questions
Can I use a free template as my liability waiver?
A template can be a useful starting draft, but it is a sample, not legal advice. Have a local attorney review it for your state and activity before you rely on it.
How long should a liability waiver be?
There is no set length. Clear, plain-language sections that cover your actual activity tend to work better than very long, generic text, and a lawyer can tell you what your state expects.
Does an online waiver need a different structure than a paper one?
The core sections are usually the same. Many online waivers add an electronic-consent step. The E-SIGN Act sets out formal consent steps when a law requires information to be given to a consumer in writing, so ask your lawyer whether that applies to you.
Do I need to name my state in the waiver?
Many waivers include a governing-state clause, but whether and how to word it is a question for a local attorney.
Sources
- 15 U.S.C. 7001, General rule of validity (Cornell Law School)
- 15 U.S.C. 7006, Definitions (Cornell Law School)
- Uniform Law Commission
- National Conference of State Legislatures
- Michigan Bar Journal: Release of Liability Forms, multi-state review of outdoor water-sports releases (August 2003)
- Recreation Law
- ADA.gov
- Federal Trade Commission
- Insurance Information Institute