Are Online Waivers Legal in Alabama?

If you run a racetrack, trampoline park, outfitter, gym, stable or event in Alabama, this guide explains what a signed waiver does for you there. It covers Alabama's electronic signature law, how Alabama courts have treated liability waivers, what changes when the participant is a child, and the activity laws that call for written warnings.

This guide is general information about Alabama law, with links to the statutes and cases, so you and your attorney can look into anything that applies to your business.

Waiver Law in Alabama at a Glance

Are Electronic Signatures Legal in Alabama?

Yes. Alabama adopted the Uniform Electronic Transactions Act, codified at Ala. Code 8-1A-1 and following. Section 8-1A-7 says a record or signature may not be denied legal effect solely because it is electronic, and that if a law requires a signature, an electronic signature satisfies it. The federal ESIGN Act (15 U.S.C. 7001) says the same for transactions in interstate commerce. A waiver signed on a phone, computer or tablet counts as signed, with the same weight as the paper version.

Are Liability Waivers Enforceable in Alabama?

Generally yes, for ordinary negligence in voluntary activities. In Barnes v. Birmingham International Raceway (Ala. 1989), a driver injured during a race sued after signing pre-race releases. The Alabama Supreme Court held the releases were valid as to his negligence claims, noting that racing is a voluntary undertaking of a hazardous activity and that Barnes signed knowing the dangerous nature of road racing.

There is an important limit. In Morgan v. South Central Bell Telephone Co. (Ala. 1985), the court adopted the rule from the California case Tunkl v. Regents of the University of California: exculpatory clauses affecting the public interest are invalid. Morgan struck down a clause in a telephone company contract because the company provided an important, regulated public service. Optional recreation, like racing, climbing or a trampoline park, is a different kind of transaction from a utility, which is why Barnes came out the other way.

Clarity matters too. Alabama courts read releases like other contracts, and Alabama decisions have refused to enforce releases that are ambiguous about which claims they discharge. The motocross release quoted in the Monster Mountain case below, for example, expressly covered loss "whether caused by the negligence of the releasees or otherwise."

Wanton and Willful Conduct

Barnes drew a firm line here. The court overruled an earlier decision (Young v. City of Gadsden, 1985) to the extent it allowed releases of wanton conduct, and held that pre-race releases, although valid as to negligent conduct, are invalid and contrary to public policy as to wanton or willful conduct. Under Alabama law, wantonness involves knowledge that injury is likely to result, while negligence is inadvertent.

Waivers for Minors in Alabama

A child's own signature on a contract is generally voidable in Alabama, as in most states, and Alabama requires court approval before a parent can settle a child's injury claim after the fact.

In J.T. ex rel. Thode v. Monster Mountain, LLC (M.D. Ala. 2010), a minor was injured at a motocross park after an adult, authorized by his parents, signed the park's release on his behalf. The federal court, applying Alabama law because no Alabama court had decided the issue, held that "a parent may not bind a child to a pre-injury liability waiver in favor of a for-profit activity sponsor." It reasoned that it would be illogical to let a parent release a child's claims before an injury when a parent cannot settle them afterward without a judge's approval. The court noted that courts elsewhere that enforced parent-signed waivers involved school or community-sponsored activities, and it left open whether a separate indemnity promise by the parents could be enforced against the parents themselves.

A federal trial court decision doesn't bind Alabama's state courts, and the Alabama Supreme Court hasn't ruled. Until it does, a for-profit business can't count on a parent's signature to stop a child's own negligence claim. The parent's form still matters: it's the record that a parent was told the risks and rules and approved the child taking part.

Alabama Activity Laws

• Equine activities (Ala. Code 6-5-337). Limits liability of equine sponsors and professionals for the inherent risks of equine activities, but not for willful or wanton conduct, intentional injury, or certain known dangers. Sponsors and professionals must post a specific warning sign (letters at least one inch high), and every written contract for services, instruction or rentals must include the warning in clearly readable print.
• Agritourism (Ala. Code 6-5-347). Limits liability for inherent risks of agritourism activities, but the protection does not apply unless the operator posts the statutory "WARNING" notice in one-inch letters at the main entrance or place of payment.

More Than a Release

A signed agreement does other work for Alabama businesses too:

• A record of the risks you explained. In Ex parte Barran (Ala. 1998), the Alabama Supreme Court described assumption of risk as requiring the plaintiff's knowledge and appreciation of the risk and voluntary exposure to it, and held it can be decided by the court when the facts are clear. A signed form describing the activity's risks is evidence of what the guest knew. How much it matters depends on the facts.
• The equine contract warning. For horse businesses, 6-5-337 requires the statutory warning in every written contract for services, instruction or rentals, so the agreement each rider signs is a natural place for it. The posted signs are required too.
• Rules, medical information and consent. The form is where guests accept your rules and where you collect health conditions, emergency contacts, parent consent and photo consent before anyone takes part.

Points to Raise With Your Attorney

WaiverFile doesn't draft waivers, and the wording of your agreement is a job for you and your attorney. Based on the cases and statutes above, these are points worth raising:

• Voluntary participation. Barnes emphasized that the plaintiff chose a hazardous recreational activity and signed knowing its dangers.
• What the release covers. Alabama courts have refused to enforce ambiguous releases; the Monster Mountain release expressly named the releasees' negligence.
• Wanton conduct. Barnes held releases of wanton or willful conduct invalid.
• Who signs for children. Monster Mountain turned on an adult signing for a minor, and the court left open parent indemnity promises.
• Statutory warnings. The exact wording, sign size and contract requirements of 6-5-337 and 6-5-347, if they apply to you.

How WaiverFile Helps Alabama Businesses

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:

• Your agreement, laid out your way. Add the text you and your attorney prepared and use the editor's formatting options (bold, capitals, font size) to lay it out as written.
• Acknowledgments where you want them. Add initial boxes inside the agreement text and required checkboxes for the risks, rules and clauses you choose.
• A record of what was signed. Each signed waiver stores the signature, the answers, and the date and time, plus the IP address and device for online signing. Add a photo of each signer or their ID if you like.
• Families on one form. A parent or guardian signs for themselves and adds each child by name and date of birth, and minors are flagged at check-in.
• Medical questions. Required questions collect health conditions and emergency contacts before guests arrive. HIPAA features add extra protection for health information.
• Sign anywhere. Guests sign ahead by email, text, QR code or your website, or on a tablet on-site, and the Venue app works offline. Waivers are built into online booking, so you see each guest's status at check-in.
• Records you can produce. Search any waiver in seconds, email signers a copy, or download waivers in bulk as a ZIP file for any date range.

Start with one of our free waiver templates, review it with your attorney, and set up a free account to start collecting signatures.

Sources and Further Reading

• Ala. Code 8-1A-7 (Alabama Uniform Electronic Transactions Act)
• 15 U.S.C. 7001 (federal ESIGN Act)
• Barnes v. Birmingham International Raceway, Inc., 551 So. 2d 929 (Ala. 1989)
• Morgan v. South Central Bell Telephone Co., 466 So. 2d 107 (Ala. 1985)
• Ex parte Barran, 730 So. 2d 203 (Ala. 1998) (assumption of risk)
• J.T. ex rel. Thode v. Monster Mountain, LLC, 754 F. Supp. 2d 1323 (M.D. Ala. 2010)
• Ala. Code 6-5-337 (equine activities)
• Ala. Code 6-5-347 (agritourism)
• Jeremy W. Richter, "Are Pre-Injury Releases and Waivers Enforceable in Alabama?" (2018), on ambiguity and release interpretation

Published November 4, 2026