Are Online Waivers Legal in Florida?

Florida is full of trampoline parks, dive shops, airboat tours, water sports rentals, camps, farms and family attractions, and many of their guests are kids. This guide covers Florida's electronic signature law, how Florida courts treat adult waivers, the statute for parents signing for children, and the state's equine, agritourism and motorsport rules.

This guide is general information about Florida 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 Florida at a Glance

Are Electronic Signatures Legal in Florida?

Yes. Florida's Uniform Electronic Transaction Act is F.S. 668.50. It says a record or signature "may not be denied legal effect or enforceability solely because the record or signature is in electronic form," and that "if a provision of law requires a signature, an electronic signature satisfies such provision." The federal ESIGN Act (15 U.S.C. 7001) applies the same rule to interstate transactions.

Are Liability Waivers Enforceable in Florida?

Generally yes, for adults. In Sanislo v. Give Kids the World, Inc., 157 So. 3d 256 (Fla. 2015), the Florida Supreme Court resolved a split among the district courts of appeal. It held that an exculpatory clause is not ambiguous and unenforceable "simply because it does not contain express language releasing a defendant from liability for his or her own negligence or negligent acts."

The court also restated the general test. Public policy disfavors exculpatory clauses, but unambiguous ones are enforceable unless they contravene public policy. They are enforced "where the intention to be relieved from liability was made clear and unequivocal and the wording was so clear and understandable that an ordinary and knowledgeable person will know what he or she is contracting away." The opinion also noted the view that "the better practice" is to state the word negligence somewhere in the release.

Gross Negligence and Intentional Harm

In Theis v. J & J Racing Promotions, 571 So. 2d 92 (Fla. 2d DCA 1990), a racing release that used the word "negligence" without limitation was read "to encompass all forms of negligence, simple or gross." The court noted that intentional torts are not covered by such clauses. Other contexts may come out differently, and Florida's motorsport statute (below) defines negligence to exclude gross negligence, recklessness and willful conduct, so it's safest not to count on a waiver for more than ordinary negligence.

Waivers for Minors in Florida

In Kirton v. Fields, 997 So. 2d 349 (Fla. 2008), a 14-year-old died riding an ATV at a commercial motor sports park. The Florida Supreme Court held that "a parent does not have the authority to execute a pre-injury release on behalf of a minor child when the release involves participation in a commercial activity." It left room for school-run and community-sponsored activities, noting Gonzalez v. City of Coral Gables, 871 So. 2d 1067 (Fla. 3d DCA 2004), which upheld a release for a city fire rescue explorer program. Earlier, in Global Travel Marketing, Inc. v. Shea, 908 So. 2d 392 (Fla. 2005), the court had upheld a parent's agreement to arbitrate a child's claims.

The 2010 Statute: F.S. 744.301(3)

The Legislature responded in 2010. Under F.S. 744.301(3), parents may waive in advance a child's claims against a commercial activity provider for injuries "resulting from an inherent risk in the activity." The statute defines inherent risk as dangers "characteristic of, intrinsic to, or an integral part of the activity" that remain even when the provider uses due care. It includes the provider's failure to warn of an inherent risk, and the risk that the child or another participant (not the provider or its staff) acts negligently.

The statute sets a strict format. To be enforceable, the waiver must include a specific "NOTICE TO THE MINOR CHILD'S NATURAL GUARDIAN" in uppercase type at least 5 points larger than, and clearly distinguishable from, the rest of the text. The notice tells the parent they are giving up "your child's right and your right to recover" for injuries from the natural risks of the activity, and that they have the right to refuse to sign. If the waiver complies and waives no more than the statute allows, there is a rebuttable presumption that it is valid and that the injury arose from an inherent risk.

A commercial provider's parent-signed waiver does not reach the provider's own negligence beyond inherent risks. For noncommercial providers, the statute preserves whatever the common law allows. Florida's motorsport statute has its own rules for minors at motorsport events.

More Than a Release

A signed agreement does other useful work in Florida:

• A record of your warnings and rules. Since 2023, a claimant found more than 50 percent at fault for their own harm cannot recover damages in most negligence cases (F.S. 768.81(6)). A signed acknowledgment of the risks and rules is evidence of what the guest was told; how much it matters depends on the facts.
• Statutory notices. Stables can give the equine warning in a signed document instead of a sign (F.S. 773.04). Agritourism operators need posted signs and the warning in their written contracts to claim immunity (F.S. 570.89).
• Arbitration. Florida courts have enforced arbitration clauses in a trampoline park's participant agreement (Urban Air) and in a travel contract a parent signed for a child (Shea).
• Medical information and consent. Health conditions, emergency contacts and photo consent, collected before the activity.

Florida Activity Laws

• Equine activities (F.S. ch. 773). Sponsors and professionals are not liable for injuries from inherent risks of equine activities. Under F.S. 773.04, they must post a warning sign in black letters at least 1 inch high near where the activity begins, or give participants a written document to sign with the warning: "Under Florida law, an equine activity sponsor or 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."
• Agritourism (F.S. 570.89). Operators must post the statutory warning at the entrance and at the activity site in black letters at least 1 inch high, and written contracts for services, instruction or equipment rental must contain the warning in clearly readable print. Without both, the operator can't claim the statute's immunity.
• Closed-course motorsport (F.S. 549.09). Operators may require a liability release for posted nonspectator areas. The release must be printed in 8-point type or larger and, if signed by more than one person, the release form must appear on each page or side signed. "Negligence" under the statute does not include gross negligence, recklessness or willful and wanton conduct.

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 statutes and cases above, these points are worth raising:

• Language an ordinary person can follow. Sanislo asked whether an ordinary, knowledgeable person would know what they were giving up, and called naming negligence "the better practice."
• For children, the exact 744.301(3) notice, with your business name, in the required type size.
• Equine, agritourism or motorsport wording and type size, if those statutes apply to you.
• An arbitration clause, if you want one. The clause in Urban Air was read to cover personal injury on the premises.

How WaiverFile Helps Florida 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 the way it was written.
• A checkbox or initials where you want them. Initial boxes inside the agreement text and required checkboxes for the rules, risks and clauses you choose.
• Families on one form. A parent or guardian signs for themselves and adds each child by name and date of birth. Minors are flagged at check-in.
• Health and emergency details. Required questions collect medical information and emergency contacts. HIPAA features add extra protection for health information.
• 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 the signer or their ID if you like. Search any waiver in seconds, or download them in bulk as a ZIP file for any date range.
• Tourists sign ahead. Send a link by email, text or QR code, sign as part of online booking, or use a tablet that works offline in the WaiverFile Venue app. Multiple languages are supported.

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

Sources and Further Reading

• Florida Uniform Electronic Transaction Act, F.S. 668.50
• Federal ESIGN Act, 15 U.S.C. 7001
• Sanislo v. Give Kids the World, Inc., 157 So. 3d 256 (Fla. 2015)
• Theis v. J & J Racing Promotions, 571 So. 2d 92 (Fla. 2d DCA 1990)
• Urban Air Jacksonville, LLC v. Hinton, No. 5D2024-1487 (Fla. 5th DCA 2025)
• Kirton v. Fields, 997 So. 2d 349 (Fla. 2008) (discusses Global Travel Marketing, Inc. v. Shea, 908 So. 2d 392 (Fla. 2005))
• F.S. 744.301(3) (parent waivers for minors)
• F.S. 768.81 (comparative fault)
• F.S. 773.04 (equine warning notice)
• F.S. 570.89 (agritourism warning signs and contracts)
• F.S. 549.09 (motorsport nonspectator liability release)

Published November 11, 2020 · Updated November 4, 2026