If you run a trampoline park, climbing gym, tour company, camp or rental shop in the United States, you have probably wondered whether a waiver signed on a phone or tablet counts the same as one signed on paper. This guide covers the federal and state e-signature laws, what makes an electronic signature hold up, and what those laws mean for your liability waivers.
This guide is general information about US law, with links to the statutes and cases, so you and your attorney can look into anything that applies to your business.
The short answer. Yes. Under the federal ESIGN Act and state electronic transaction laws, a signature can't be denied legal effect just because it is electronic, so an e-signed waiver counts as signed in every state. What the waiver does for your business is set by each state's courts and legislature: courts in many states enforce clearly written waivers for recreational activities, while a few states void or sharply limit them.
US E-Signature Law at a Glance
| Federal law | Electronic Signatures in Global and National Commerce Act (ESIGN), 15 U.S.C. 7001 et seq. |
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| State law | Uniform Electronic Transactions Act (UETA) in 49 states plus D.C.; New York uses its own Electronic Signatures and Records Act |
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| What counts as a signature | Any electronic sound, symbol or process attached to or logically associated with a record and adopted with the intent to sign |
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| Main exclusions | Wills and testamentary trusts, family law matters, most of the UCC, court documents, certain cancellation and default notices |
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| Consumer consent rules | Only apply when a law requires information to be given to a consumer in writing |
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| Waiver enforceability | State law. Many states enforce clear recreational waivers; a few void them or limit them sharply |
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Are Electronic Signatures Legal in the US?
Yes. The federal ESIGN Act says that for transactions in or affecting interstate or foreign commerce, a signature, contract or other record "may not be denied legal effect, validity, or enforceability solely because it is in electronic form" (15 U.S.C. 7001(a)). The same subsection says a contract can't be denied effect solely because an electronic signature or record was used to form it.
States have their own layer. Every state except New York has adopted a version of the Uniform Electronic Transactions Act (UETA). Illinois was the most recent, replacing its older Electronic Commerce Security Act with UETA in 2021. New York's Electronic Signatures and Records Act does the same job there. In practice, ESIGN and the state acts point the same way: electronic signatures are as valid as handwritten ones for ordinary business contracts.
What Counts as a Valid Electronic Signature
ESIGN defines an electronic signature as "an electronic sound, symbol, or process, attached to or logically associated with a contract or other record and executed or adopted by a person with the intent to sign the record" (15 U.S.C. 7006(5)). A drawn signature, a typed name or a click on a clearly labeled button can all qualify. What matters is intent and the link to the document.
UETA adds an attribution rule: an electronic signature is attributable to a person "if it was the act of the person," which can be shown in any manner, including through the security procedures used (for example, Colorado's version at C.R.S. 24-71.3-109). That is why a good record of who signed, when and from what device is so useful if a signature is ever challenged.
ESIGN does not force anyone to use electronic records. It says it does not "require any person to agree to use or accept electronic records or electronic signatures" (15 U.S.C. 7001(b)(2)), so a guest who refuses to sign on a screen can be offered paper.
When ESIGN's Consumer Consent Rules Apply
ESIGN has a detailed consumer consent process: the consumer affirmatively consents, is told about the right to paper copies and to withdraw consent, is told the hardware and software requirements, and consents in a way that shows they can access the electronic records (15 U.S.C. 7001(c)(1)). These rules apply only when "a statute, regulation, or other rule of law requires that information relating to a transaction" be provided to a consumer in writing. They are not a general requirement for every e-signature, and ESIGN does not require an "opt-out clause."
A liability waiver is usually a contract you ask a customer to sign, not a disclosure a law requires you to deliver in writing, so these steps generally don't come into play. If a law in your industry requires a written notice to customers, check whether that notice triggers them.
Documents ESIGN Doesn't Cover
Under 15 U.S.C. 7003, ESIGN's general rule does not apply to wills, codicils and testamentary trusts; adoption, divorce and other family law matters; most of the Uniform Commercial Code (Articles 2 and 2A and a few sections are covered); court documents; certain notices (utility cancellation, default or foreclosure on a primary residence, cancellation of health or life insurance, product recalls); and documents that must accompany hazardous materials. None of these touch an ordinary activity waiver.
Record Keeping and Evidence
Where a law requires a contract or record to be in writing, ESIGN allows its legal effect to be denied if the electronic version can't be "retained and accurately reproduced for later reference" by the people entitled to it (15 U.S.C. 7001(e)). Even where no writing is required, you will want the same thing in practice: a complete copy of what the person agreed to, their signature, and when and how they signed.
What This Means for Liability Waivers
An e-signed waiver is valid as a signed contract in every state. That settles the signature question. What the waiver does for you after an injury is a matter of state law.
What a Signed Waiver Does
In every state, a signed form does useful work beyond any release: it is evidence of the risks and rules you explained and the guest acknowledged, it collects medical information, emergency contacts and parent consent before anyone takes part, and in some states it carries the warning an inherent-risk statute requires in written contracts (Louisiana's farm animal statute is one example). How much the record matters in a given case depends on the facts.
How States Treat Releases of Negligence
- Many states enforce clear waivers for recreational activities. Courts there often look for plain language and conspicuous terms, and some require the waiver to mention negligence expressly.
- Minors vary the most. Colorado lets a parent release a child's prospective negligence claims by statute (C.R.S. 13-22-107), but not claims for willful, wanton, reckless or grossly negligent conduct. Other states handle parental waivers very differently, so check the guide for your state.
- Gross negligence and intentional harm generally can't be waived.
- Some states void releases by statute. New York's General Obligations Law 5-326 makes waivers of negligence void for pools, gyms and places of amusement or recreation that charge a fee. Louisiana Civil Code article 2004 nullifies clauses that in advance exclude or limit liability for causing physical injury.
- Some void them by case law. Virginia's Supreme Court held in Hiett v. Lake Barcroft Community Ass'n (1992) that a pre-injury release of liability for personal injury caused by negligence is void as against public policy.
Our state guides explain what applies where, for example Colorado, Florida, Illinois and Louisiana. See the full list in our state-by-state guide. Because the rules differ so much, it is worth having a local attorney review your waiver for the states where you operate.
How WaiverFile Helps US Businesses
WaiverFile doesn't draft waivers, and the wording of your agreement is a job for you and your attorney. Once your agreement is written, WaiverFile makes it easy for every guest to sign it and keeps a complete, easy-to-find record of each one:
- Sign anywhere. Customers sign before they arrive from their own phone or computer, using a link sent by email or SMS, a QR code or your website, or on-site at a tablet kiosk. The WaiverFile Venue app works offline. Waivers are built into online booking, so guests sign as part of booking and you see each guest's waiver status at check-in.
- Your agreement, laid out your way. Use the editor's formatting options (bold, capitals, font size), initial boxes inside the agreement text and required checkboxes for the rules and terms you choose, so each one has its own acknowledgment.
- A record of what was signed. Each signed waiver stores the signature, the answers, the date and time, and for online signing the IP address and device used. Add an optional photo of each signer or of an ID with the tablet camera, and email the customer a copy.
- Medical questions with extra protection. Required questions capture health conditions and emergency contacts. HIPAA features, available on HIPAA-enabled plans, add extra encryption, a choice of which staff see health information, a log of who viewed it, health details kept out of emails, and a Business Associate Agreement.
- Families on one form. A parent or guardian can sign for themselves and their children, adding each child by name and date of birth. Minors are flagged at check-in.
- Records you can produce. Search any waiver in seconds instead of digging through boxes of paper, or download them in bulk as a ZIP file for any date range.
Start with one of our free waiver templates, or set up a free account and try it with your own form.
Sources and Further Reading
General information, not legal advice. WaiverFile is not a law firm, and this article is not legal advice. Laws change and courts decide each case on its own facts, so have a local attorney review your waiver.
Published February 1, 2021 · Updated November 4, 2026