Are Online Waivers Legal in Indiana?

This guide is for Indiana gyms, camps, trampoline parks, farms, stables, race events, youth leagues and other activity businesses. It explains whether online waivers are legal in Indiana, the wording rule Indiana courts apply to releases, and what Indiana law says about parents signing for children.

This guide is general information about Indiana 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 Indiana at a Glance

Are Electronic Signatures Legal in Indiana?

Yes. Under Ind. Code 26-2-8-106, part of Indiana's Uniform Electronic Transactions Act, a record or signature "may not be denied legal effect or enforceability solely because it is in electronic form," and an electronic signature satisfies a law that requires a signature. The federal ESIGN Act (15 U.S.C. 7001) says the same for interstate transactions. Indiana courts regularly review online waivers: the release in Brooks was part of an online application, and the camp release in Larky was accepted with an electronic signature during online registration. Indiana's agritourism statute also says its contracts and releases may be electronic records signed electronically (Ind. Code 34-31-9-13).

Are Liability Waivers Enforceable in Indiana?

Yes, with a strict wording requirement. "In the absence of legislation to the contrary, it is not against public policy in Indiana to enter into a contract that exculpates one from the consequences of his own negligence" (Avant v. Community Hospital, 2005). But "to ensure a party's knowing and willing acceptance of this harsh burden," Indiana courts require that exculpatory clauses "specifically and explicitly refer to the negligence of the party seeking release from liability."

Three decisions show how this works:

• Brooks v. USA Track & Field, Inc. (Ind. Ct. App. 2024). A heptathlete challenged the waiver and indemnity agreement she signed as part of her online application to compete at the 2021 Olympic Trials. The court asked two questions: does the agreement define negligence as an area of application in clear and unequivocal terms, and does it clearly cover the organization's own negligence? It answered yes to both and upheld the agreement, which expressly excluded gross negligence and willful misconduct. The Indiana Supreme Court took the case and, on December 17, 2025, decided it on a procedural issue, but it "summarily affirmed" the Court of Appeals' analysis of the waiver, which keeps that part as Court of Appeals authority.
• Inherent risks. A release that does not mention the business's negligence can still bar claims for injuries from risks inherent in the activity. In Wabash County YMCA v. Thompson (2012), a form without negligence language still barred a claim from sliding into a base in softball, because that was a risk inherent in the game.
• Larky v. Camp Livingston, Inc. (Ind. Ct. App. Mar. 10, 2025). A mother e-signed a camp registration releasing the camp from all responsibility "regardless of how such injury or harms arise, and regardless of who is at fault." The court held that was not enough: the release never specifically referred to the camp's own acts, so it did not release the camp from its own negligence. "The Camp could have very easily drafted the provision in question to specifically and explicitly release the Camp from liability for its own acts."

The word "negligence" itself is not strictly required, since the concept can be conveyed "specifically and explicitly through other language."

Gross Negligence, Recklessness and Intentional Harm

We did not find an Indiana appellate decision squarely holding whether a release can cover gross negligence or willful misconduct. The releases in Brooks expressly carved those out, and the Indiana Supreme Court noted that a gross negligence claim "would have survived" the ruling on that agreement. It's safest to plan on a waiver covering ordinary negligence only.

Waivers for Minors in Indiana

In Wabash County YMCA v. Thompson, 975 N.E.2d 362 (Ind. Ct. App. 2012), a mother signed a form for her daughter to play in a YMCA-run summer softball league. The daughter argued that Indiana requires court approval before a parent can release a minor's claim. The court disagreed, noting that the court-approval statute (Ind. Code 29-3-9-7) governs post-injury settlements, and concluded "the release form is valid." The case involved a community youth league, and the court cited an Ohio decision about nonprofit sports. We found no Indiana decision on releases signed by parents for a for-profit business, and the Indiana Supreme Court has not addressed the issue.

A 2026 memorandum decision (not binding precedent) repeated that "a parent may execute a pre-injury release on behalf of their child," but still reversed judgment for a YMCA. The YMCA offered only a short affidavit that the father had agreed to agreements posted at a web link, and he swore he never saw or signed them. The court said clickwrap assent to unspecified agreements behind a hyperlink requires a "case-specific and nuanced analysis." The takeaway is the value of a record of exactly what each parent saw and signed.

More Than a Release

A signed agreement does other useful work in Indiana:

• Agritourism protection. Indiana's agritourism law limits a provider's liability for inherent risks if the provider posts the statutory warning sign or has a signed contract or release showing the participant received the written warning (Ind. Code 34-31-9-12). Any written contract or release must contain the warning in clearly readable print, and it may be signed electronically (34-31-9-13).
• Inherent risks. As Wabash County YMCA shows, a signed form can bar claims for risks inherent in the activity.
• A record of your warnings and rules. A signed acknowledgment is evidence of what each guest was 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.

Indiana Activity Laws

• Agritourism (Ind. Code 34-31-9). The sign goes in a clearly visible location at the main entrance to the activity, in black letters at least one inch high. The protection has exceptions, including known dangers not disclosed, failing to properly train employees, willful or wanton disregard for safety, and intentional injury (34-31-9-11).
• Equine activities (Ind. Code 34-31-5). The law limits liability for inherent risks of horse activities, but under Ind. Code 34-31-5-3 the chapter "does not apply unless" the sponsor or professional posts and maintains a warning sign at the site, in black letters at least one inch high, with the wording set by statute.

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:

• Negligence named as an area of application, as the Brooks court looked for.
• Release of the business's own negligence, and that of its employees and agents. The court in Larky faulted "regardless of who is at fault" as not specific enough.
• Whether to carve out gross negligence and willful misconduct, as the agreement upheld in Brooks did.
• Proof that this person saw and accepted this document. The 2026 YMCA decision faulted a bare link to "agreements."
• The agritourism warning, if that law applies to you.

How WaiverFile Helps Indiana 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:

• The full agreement, signed. Signers see and sign the agreement itself, not a link to terms posted somewhere else. Use the editor's formatting options (bold, capitals, font size) to lay out the text you and your attorney prepared.
• A checkbox or initials where you want them. Initial boxes inside the agreement text and required checkboxes for the clauses and rules 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 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.
• 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.
• Sign anywhere. Guests sign ahead by email, text, QR code or your website, during online booking, or on a tablet at the door. The Venue app works offline.

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

Sources and Further Reading

• Ind. Code 26-2-8-106 (Uniform Electronic Transactions Act)
• ESIGN Act, 15 U.S.C. 7001
• Brooks v. USA Track & Field, Inc., 247 N.E.3d 1 (Ind. Ct. App. 2024)
• Brooks v. USA Track & Field, Inc., No. 25S-PL-103 (Ind. Dec. 17, 2025)
• Larky v. Camp Livingston, Inc., No. 24A-CT-1529 (Ind. Ct. App. Mar. 10, 2025)
• Wabash County YMCA v. Thompson, 975 N.E.2d 362 (Ind. Ct. App. 2012)
• Jean-Claude v. YMCA of Greater Indianapolis, No. 26A-CT-127 (Ind. Ct. App. Aug. 20, 2026) (memorandum decision)
• Ind. Code 34-31-9-11 (agritourism, exceptions)
• Ind. Code 34-31-9-12 (agritourism, sign or signed contract or release)
• Ind. Code 34-31-9-13 (agritourism contracts and releases, electronic signatures)
• Ind. Code 34-31-5-3 (equine activity warning signs)

Published October 1, 2020 · Updated November 4, 2026