Are Online Waivers Legal in Colorado?

Colorado is one of the more waiver-friendly states, which matters for its ski areas, outfitters, climbing gyms, rafting companies, farms and youth programs. This guide covers electronic signatures in Colorado, how Colorado courts test a liability waiver, the statute that lets parents sign for their children, and two recent Colorado Supreme Court decisions every waiver user should know about.

This guide is general information about Colorado 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 Colorado at a Glance

Are Electronic Signatures Legal in Colorado?

Yes. Colorado's Uniform Electronic Transactions Act, C.R.S. 24-71.3-101 and following, provides in section 24-71.3-107 that a record or signature may not be denied legal effect solely because it is electronic, and that an electronic signature satisfies any law requiring a signature. The federal ESIGN Act (15 U.S.C. 7001) does the same for interstate transactions.

Colorado's highest court has treated online waivers as ordinary contracts. In Litterer v. Vail Summit Resorts, Inc., 2026 CO 65 (decided September 21, 2026), a snowboarder electronically signed an online waiver while buying an Epic Pass. The court found he assented to it: he electronically signed a form that warned him to read carefully before signing, then used the pass. It added that "one generally cannot avoid contractual obligations by claiming they did not read the contract."

Are Liability Waivers Enforceable in Colorado?

Generally yes. Colorado courts say exculpatory agreements are disfavored and get close scrutiny, but they are not void as against public policy for recreational services. The test comes from Jones v. Dressel (Colo. 1981), where the court upheld a skydiving operation's waiver after a customer was hurt in the crash of the plane carrying skydivers. Courts weigh four factors:

1. the existence of a duty to the public;
2. the nature of the service performed;
3. whether the contract was fairly entered into; and
4. whether the intention of the parties is expressed in clear and unambiguous language.

Recreational businesses usually do well on the first three factors, because they are not essential public services and customers choose to take part. Most disputes are about the fourth. In Chadwick v. Colt Ross Outfitters, Inc. (Colo. 2004), the court enforced a guided hunt release that never used the word "negligence," explaining that the specific terms "negligence" and "breach of warranty" are not invariably required. Courts look at whether the agreement is free of legal jargon, not overly long or complicated, and unlikely to confuse a reader about what is being released.

Willful and Wanton Conduct, and Statutory Duties

Jones says that "in no event will such an agreement provide a shield against a claim for willful and wanton negligence," and Chadwick repeats the point. When a release is broad enough to cover willful conduct, Colorado courts have read it narrowly instead of throwing out the whole agreement.

The bigger recent change is Miller v. Crested Butte, LLC, 2024 CO 30. A teenager was badly hurt after falling from a chairlift. Her father had signed releases. The Colorado Supreme Court held, as a matter of first impression, that the ski area could not use private release agreements to absolve itself of liability for violating the statutory and regulatory duties in the Ski Safety Act and the Passenger Tramway Safety Act, so the negligence per se claim could go forward. At the same time, the court held the releases were valid under the Jones factors and barred the separate ordinary negligence claim. A clear waiver still covers ordinary negligence in Colorado, but after Miller it can't be counted on to excuse breaking a safety statute or regulation.

Waivers for Minors in Colorado

In Cooper v. Aspen Skiing Co., 48 P.3d 1229 (Colo. 2002), the Colorado Supreme Court held that a parent could not release a child's future negligence claims. The legislature responded with C.R.S. 13-22-107, which expressly states that Cooper does not reflect Colorado's public policy. The statute provides:

• A parent of a child may, on behalf of the child, release or waive the child's prospective claim for negligence (13-22-107(3)).
• A parent may not waive the child's claim for a willful and wanton act or omission, a reckless act or omission, or a grossly negligent act or omission (13-22-107(4)).
• "Child" means anyone under 18, and "parent" includes guardians, legal custodians and certain other responsible persons.

The legislative declaration explains that parents' choices should be respected "so long as the decision is voluntary and informed," and a federal court applying the statute (Squires v. Goodwin, D. Colo. 2011) looked at whether the mother who signed had enough information to make an informed decision. Miller shows that a parent-signed release can bar a child's ordinary negligence claim in Colorado, while still leaving claims based on statutory safety duties.

Colorado Activity Laws

• Ski Safety Act of 1979 (C.R.S. 33-44-101 to -114) and Passenger Tramway Safety Act (C.R.S. 12-150-101 to -120). These set duties for ski areas and lifts. After Miller, violations of those duties cannot be released by waiver.
• Equine and llama activities (C.R.S. 13-21-119). Limits liability for the inherent risks of these activities, with exceptions including willful or wanton disregard for safety. Equine and llama professionals must post the statutory warning in letters at least one inch high, and every written contract for services, instruction or rentals must contain the warning in clearly readable print. In Chadwick, the lower court noted that the outfitter's agreement contained the warnings the statute requires.
• Agricultural recreation and agritourism (C.R.S. 13-21-121). Limits liability for the inherent risks of agritourism activities, with exceptions for known faulty equipment, gross negligence or willful or wanton disregard for safety, and intentional injury. The statute provides for notice of the inherent risks either by a statement signed by the participant or by prominently displayed signs with the statutory warning in black letters at least one inch high.

More Than a Release

A signed agreement does other work for Colorado businesses too:

• Agritourism notice. Under 13-21-121, a statement signed by the participant is one of the two ways the statute describes for giving notice of the inherent risks, so a farm's signed agreement can carry that notice for every guest.
• The equine and llama contract warning. Section 13-21-119 requires the statutory warning in written contracts for services, instruction or rentals, alongside the posted signs.
• Informed parents. The minors statute speaks of a "voluntary and informed" parental decision. A parent's form that describes the risks and rules is evidence of what the parent was told, and how much it matters depends on the facts.
• Rules, medical information and consent. The form is where guests accept your rules and where you collect health conditions, emergency contacts 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:

• Plain, readable language. Chadwick looked at jargon, length and whether a reader could be confused about what is released.
• A clear description of the activity. In Chadwick, the agreement tied the release to the contracted-for hunt.
• A fair, voluntary signing for an activity the guest chose.
• Informed parents, under the statute's "voluntary and informed" standard.
• Scope. Litterer shows broad catch-all wording can reach existing claims, and Miller shows the limits for statutory safety duties.
• Statutory warnings for equine, llama and agritourism operators, in the exact form the statutes describe.

How WaiverFile Helps Colorado 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:

• A record of assent. 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.
• Your agreement, laid out your way. Add the text you and your attorney prepared, including any statutory warning it contains, 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.
• Families on one form. A parent or guardian signs for themselves and their children, adding each child by name and date of birth. Minors are flagged at check-in.
• Medical questions. Required questions collect health conditions and emergency contacts. 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 at trailheads and put-ins. Waivers are built into online booking, with 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 our generic waiver template, review it with a Colorado attorney in light of Miller and Litterer, and set up a free account to start collecting signatures.

Sources and Further Reading

• C.R.S. 24-71.3-107 (Colorado Uniform Electronic Transactions Act)
• 15 U.S.C. 7001 (federal ESIGN Act)
• C.R.S. 13-22-107 (parents waiving a child's negligence claims)
• Jones v. Dressel, 623 P.2d 370 (Colo. 1981)
• Chadwick v. Colt Ross Outfitters, Inc., 100 P.3d 465 (Colo. 2004)
• Miller v. Crested Butte, LLC, 2024 CO 30, 549 P.3d 228
• Litterer v. Vail Summit Resorts, Inc., 2026 CO 65 (Colorado Judicial Branch opinion PDF)
• C.R.S. 13-21-119 (equine and llama activities)
• C.R.S. 13-21-121 (agricultural recreation and agritourism)

Published November 1, 2020 · Updated November 4, 2026