Are Online Waivers Legal in Hawaii?

In Hawaii, a business providing recreational activities to the public stays liable for its own negligence by statute (HRS 663-1.54), so a waiver isn't a way to rule out negligence claims there. The same statute is what gives a signed release its job in Hawaii: it protects the operator from claims for the activity's inherent risks when the patron voluntarily signs a written release, if the operator first fully disclosed those risks and took reasonable steps on fitness and instruction. A signed agreement also records rider ability for Hawaii's equine law, and at motorsports facilities a separate statute makes a signed release enforceable against a participant's negligence claims (for a minor, it requires a parent's or guardian's written signature). This guide covers each of these, how Hawaii treats injury releases, and how to get the most from the agreement your guests sign.

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

What a Signed Waiver Does in Hawaii

Are Electronic Signatures Legal in Hawaii?

Yes. Hawaii adopted the Uniform Electronic Transactions Act as HRS chapter 489E. Section 489E-7 provides that "a record or signature shall 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 et seq.) says the same for transactions in interstate commerce, which covers many bookings made by visitors from the mainland. A form signed on a phone, computer or tablet counts as signed, and it carries the same weight as the paper version.

What a Signed Waiver Does for Hawaii Businesses

It Is the Release HRS 663-1.54 Recognizes

Under HRS 663-1.54(b), owners and operators of recreational activities "shall not be liable for damages for injuries to a patron resulting from inherent risks associated with the recreational activity if the patron participating in the recreational activity voluntarily signs a written release waiving the owner or operator's liability for damages for injuries resulting from the inherent risks." The statute then says "no waiver shall be valid unless":

1. the operator "first provides full disclosure of the inherent risks associated with the recreational activity"; and
2. the operator "takes reasonable steps to ensure that each patron is physically able to participate in the activity and is given the necessary instruction to participate in the activity safely."

Whether a risk is inherent is for the judge or jury. An inherent risk is one a reasonable person would understand as part of the activity, that exists despite the operator's reasonable care and is generally beyond its control, and that doesn't result from the operator's negligence, gross negligence or wanton acts. The official notes to the statute describe King v. CJM Country Stables, 315 F. Supp. 2d 1061 (D. Haw. 2004), a horseback riding case, where the release's validity depended on whether a horse bite was an inherent risk, and that was a question of fact. So a signed release in Hawaii is the record of the risks you disclosed and the patron's agreement, and the disclosure, fitness and instruction steps sit alongside it.

It Records Rider Ability for the Equine Law

Hawaii's equine law (HRS 663B-2) creates a presumption that an injury in an equine activity "was not caused by the negligence" of the sponsor or professional if it "was caused solely by the inherent risk and unpredictable nature of the equine." The presumption doesn't help a sponsor who failed to make reasonable and prudent efforts to determine the participant's ability to engage safely in the activity or to manage the particular horse "based on the participant's representations of the participant's ability," or who failed to reasonably supervise the activity. Signed answers about riding experience and ability are a record of those representations. In Courbat v. Dahana Ranch, Inc., 111 Hawai'i 254 (2006), the Hawaii Supreme Court held that if the guide failed to reasonably supervise the ride, the presumption would not apply.

It Protects Motorsports Facilities

HRS 663-10.95 gives motorsports facilities a stronger rule. A waiver and release signed by a participant in a motorsports event "shall be valid and enforceable against any negligence claim for personal injury of the participant." The statute also says:

• if both the participant and a witness sign, the release is valid even if the participant claims not to have read or understood it;
• signing creates a presumption that the signer read and understood the document, and the release "shall be construed as an express assumption of risk";
• it isn't enforceable against a minor "unless executed in writing by a parent or legal guardian";
• it doesn't cover gross negligence, willful and wanton conduct, or intentional acts by another participant or the facility's employees or agents; and
• it applies only if the facility carries general liability insurance of at least $1,000,000 for spectators and $500,000 for participants, per claim.

It Gives Notice Before Guests Pay

In Courbat, a couple prepaid a horseback tour through a booking agent and were handed the waiver at check-in. The Hawaii Supreme Court held the waiver would bar simple negligence claims unless the failure to tell them about it before they paid was a deceptive practice, and sent that question back for trial. The opinion doesn't discuss HRS 663-1.54. Sharing the agreement when guests book is one way to tell them about it early.

It Collects Medical Information and Consent

A signed form is where you collect health conditions, emergency contacts, consent to emergency treatment and photo consent before anyone takes part. For businesses covered by HRS 663-1.54, fitness questions are also part of the reasonable steps the statute describes. For families, the parent's form is the record that a parent or guardian approved the child's participation.

How Hawaii Treats Injury Releases

HRS 663-1.54(a) applies to "any person who owns or operates a business providing recreational activities to the public, such as, without limitation, scuba or skin diving, sky diving, bicycle tours, and mountain climbing." Those businesses "shall exercise reasonable care to ensure the safety of patrons and the public, and shall be liable for damages resulting from negligent acts or omissions." The statute was enacted in 1997, and the version on the Hawaii Legislature's site shows no amendments since. The Connecticut Supreme Court, surveying other states in Hanks v. Powder Ridge (2005), described it the same way: recreational providers in Hawaii are liable for simple negligence as well as gross negligence.

In Courbat, the Hawaii Supreme Court also limited a broad waiver to simple negligence: it "does not protect the Ranch against its own gross negligence or willful misconduct." We didn't find a Hawaii statute or appellate decision on whether a parent can release a child's claims for activities outside motorsports, so treat that as unsettled. Because HRS 663-1.54 changes how a standard mainland waiver works, it's worth having a Hawaii attorney adapt your agreement.

What Makes a Hawaii Waiver Work Harder

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 are points worth raising with your attorney when preparing a Hawaii agreement:

• A full, specific disclosure of your activity's inherent risks, since HRS 663-1.54 makes it a condition of a valid release.
• Questions about fitness and ability, and a record that each patron received the safety instruction.
• For equine activities, questions that capture each rider's own description of their ability.
• For motorsports facilities, the statute's signature, witness and insurance conditions.
• Telling customers about the agreement before they pay, as Courbat highlights.
• A clear record of who signed, when, and which version of the form they saw.

How WaiverFile Helps Hawaii 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 agreement 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. The wording and format are up to you.
• A checkbox or initials where you want them. Add initial boxes inside the agreement text and required checkboxes for the risks, rules and clauses you choose, such as a checkbox confirming the safety briefing.
• A record of what was signed. Each signed form 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.
• Fitness, experience and medical questions. Required questions capture health conditions, riding or diving experience and emergency contacts before guests arrive. HIPAA features add extra protection for health information.
• Families on one form. A parent adds each child by name and date of birth, and minors are flagged at check-in.
• Sign when they book. Waivers are built into online booking, so guests see and sign the agreement as part of booking, and you see each guest's status at check-in. Guests can also sign by email, text, QR code or your website, or on a tablet at the dock or trailhead, and the Venue app works offline. Forms can be offered in multiple languages for international visitors.
• Records you can produce. Search any waiver in seconds, or download them in bulk as a ZIP file for any date range.

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

Sources and Further Reading

• HRS 489E-7 (Uniform Electronic Transactions Act, legal recognition)
• 15 U.S.C. 7001 (federal ESIGN Act)
• HRS 663-1.54 (recreational activity liability, with case notes including King v. CJM Country Stables, 315 F. Supp. 2d 1061 (D. Haw. 2004))
• HRS 663B-2 (equine activities, rebuttable presumption)
• HRS 663-10.95 (motorsports facilities, waiver of liability)
• Courbat v. Dahana Ranch, Inc., 111 Hawai'i 254, 141 P.3d 427 (2006)
• Hanks v. Powder Ridge Restaurant Corp., 276 Conn. 314 (2005) (describing HRS 663-1.54)

Published October 1, 2020 · Updated November 4, 2026