This guide is for Delaware gyms, gymnastics programs, trampoline parks, motocross tracks, stables, camps and tour operators who want to know where they stand. It covers Delaware's electronic signature law, how Delaware courts treat liability waivers, what happens when a parent signs for a child, and the state's equine statute.
This guide is general information about Delaware 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. Delaware courts enforce a waiver that clearly releases the business from its own negligence, and the Delaware Supreme Court upheld a gym's waiver on that basis in 2016. Electronic signatures count the same as ink. Courts there read the wording strictly: waivers that never mention the business's negligence have failed, and a waiver that mentions only negligence hasn't been read to cover reckless conduct.
Waiver Law in Delaware at a Glance
| Electronic signatures | Valid. Delaware Uniform Electronic Transactions Act, 6 Del. C. ch. 12A, plus the federal ESIGN Act. |
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| Waivers of negligence | Enforced if clear and unequivocal, not unconscionable and not against public policy (Ketler v. PFPA, 2016). Trial courts look for language releasing the business's own negligence. |
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| Parents signing for minors | Trial courts have applied parent-signed waivers where the parent's authority was not challenged. No Delaware Supreme Court ruling. |
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| Activity laws to know | Equine activity statute, 10 Del. C. 8140, with a required warning on signs and in contracts. |
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| Recklessness and intentional harm | A release that mentioned only negligence did not bar claims of reckless conduct (Lynam v. Blue Diamond, Del. Super. 2016). |
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Are Electronic Signatures Legal in Delaware?
Yes. Delaware adopted the Uniform Electronic Transactions Act at Title 6, Chapter 12A of the Delaware Code. Section 12A-107 provides that "a record or signature may not be denied legal effect or enforceability solely because it is in electronic form," and that "if a law requires a signature, an electronic signature satisfies the law." The federal ESIGN Act (15 U.S.C. 7001) adds the same rule for interstate transactions. In a 2026 Delaware case discussed below, one of the waivers had been "electronically accepted" by the parent; the court's problem with it was the wording, not the electronic format.
Are Liability Waivers Enforceable in Delaware?
Generally yes, when the wording is right. The leading case is Ketler v. PFPA, LLC, 132 A.3d 746 (Del. 2016), where a Planet Fitness member sued over an injury at the gym. The Delaware Supreme Court held that a release of future negligence is enforceable if it is clear and unequivocal, not unconscionable, and not contrary to public policy. The membership agreement said the gym would not be liable for any injury "resulting from the negligence of Planet Fitness or anyone on Planet Fitness' behalf."
On each point, the court sided with the gym:
- Clear and unequivocal. The release expressly covered the gym's own negligence.
- Not unconscionable. The member "was free to accept the Planet Fitness membership or not." A party who can walk away has a meaningful choice.
- Not against public policy. The court noted that no Delaware statute bears on the validity of a release of prospective negligence.
The Wording Has to Reach the Business's Negligence
Delaware trial courts apply a "crystal clear and unequivocal" standard, and they are strict about it. In Slowe v. Pike Creek Court Club, Inc. (Del. Super. Ct. 2008), a waiver failed because it was "devoid of any language indicating that the waiver would cover acts of negligence" by the club.
A recent example: in McGinnis v. Gold Medal Gymnastics Academy, LLC, C.A. No. N25C-12-324 FJJ (Del. Super. Ct. Mar. 5, 2026), a nine-year-old was hurt on the uneven bars. The parties presented two waivers the mother had signed in July 2024, one of them accepted electronically. Both described the risks of gymnastics, and one said the gym "will not accept responsibility for injuries." The court held that neither waiver released the gym, because neither had language exonerating the gym from injuries caused by its own negligence, and it contrasted them with the Ketler wording.
Recklessness
In Lynam v. Blue Diamond LLC (Del. Super. Ct. Oct. 4, 2016), a 13-year-old motocross rider collided with a shipping container placed near the track. The release his father signed expressly covered the defendants' negligence, and the court treated it as covering ordinary negligence. But the release did not mention reckless conduct, so the court held it did not clearly release recklessness claims, and those went forward. The court did not decide whether a release could ever cover recklessness. The 2026 McGinnis order cited Lynam for the point that even a valid waiver there would not apply to the claims based on reckless conduct.
Waivers for Minors in Delaware
Delaware has no statute on parent-signed waivers, and the Delaware Supreme Court has not decided whether a parent can release a child's future claims. The trial court decisions so far are encouraging but limited:
- In Hong v. Hockessin Athletic Club (Del. Super. Ct. 2012), parents signed a health club waiver that listed their three children. A three-year-old fell from indoor playground equipment, and the court enforced the waiver against the negligence claim. The parent's authority to sign for the child was not raised.
- In Lynam (2016), the father's release for the 13-year-old was treated as releasing ordinary negligence, and his authority to sign was not challenged.
- In McGinnis (2026), the court did not reach the parent-authority question because the wording failed first.
So in Delaware the question is unsettled, with trial courts so far applying well-worded parent-signed waivers when no one challenged the parent's authority.
Delaware Activity Laws
Delaware's equine activity statute, 10 Del. C. 8140, says equine activity sponsors and professionals are not liable for injuries resulting from the inherent risks of equine activities, such as an animal's unpredictable behavior, surface conditions and collisions. It does not protect against faulty tack the provider knew or should have known about, failing to make reasonable efforts to match rider and horse, known latent dangers without conspicuous warning signs, willful or wanton conduct, or intentional injury.
Equine professionals must post signs with the statutory warning in red and white, with letters at least 1 inch high, and every written contract for instruction or rental of a horse or equipment must contain the warning "in clearly readable print":
Required warning. "Under Delaware law, an equine professional is not liable for an injury to or the death of a participant in equine activities resulting from the inherent risks of equine activities, pursuant to 10 Delaware Code ยง 8140."
More Than a Release
A signed agreement does other work for Delaware businesses too:
- The equine contract warning. Section 8140 requires the warning in every written contract for instruction or rental, so the agreement each rider signs is where it belongs. The posted signs are required too.
- A clear record of which form applies. In McGinnis, the parties disagreed about which of two signed waivers governed. A dated record of each signer and the exact form version they saw avoids that question.
- A record of the risks and rules. A form describing the activity's risks and your rules, with the guest's acknowledgment, is evidence of what they were told. How much it matters depends on the facts.
- Medical information and consent. Health conditions, emergency contacts, parent consent and photo consent, collected before the activity.
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 statute above, these are points worth raising:
- The business's own negligence, in words. Ketler was enforced because it named "the negligence of Planet Fitness." The courts in Slowe and McGinnis faulted waivers that did not.
- Recklessness. Lynam read a negligence-only release as not covering reckless conduct, and left open whether any release could.
- A real choice. Ketler noted the member was free to walk away.
- Who and what the waiver covers, including the people and activities released, and which version each person signed.
- The equine warning in contracts, if 8140 applies to you.
How WaiverFile Helps Delaware 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 release and each rule 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 once for themselves and each child, listed 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. 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.
Browse our free waiver templates, review one with a Delaware attorney, and set up a free account to start collecting signatures.
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 October 1, 2020 · Updated November 4, 2026