Are Online Waivers Legal in Iowa?

This guide is for Iowa racetracks, gyms, trampoline parks, stables, farms and pumpkin patches, camps and event organizers. It covers whether online waivers are legal in Iowa, how the Iowa Supreme Court treats liability releases, the important limit on waivers for children, and the notice rules in Iowa's farm and animal activity laws.

This guide is general information about Iowa 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 Iowa at a Glance

Are Electronic Signatures Legal in Iowa?

Yes. Iowa Code 554D.108 says "a record or signature shall not be denied legal effect or enforceability solely because it is in electronic form," and "if a law requires a signature, an electronic signature satisfies the law." The federal ESIGN Act (15 U.S.C. 7001) gives the same protection for transactions in interstate commerce. An e-signed waiver is treated as a signed contract; the questions that matter are about what it says and who signed it.

Are Liability Waivers Enforceable in Iowa?

Generally, yes. In Huber v. Hovey, 501 N.W.2d 53 (Iowa 1993), a man paid to enter the pit area of a county fairground racetrack and signed a "Release and Waiver of Liability and Indemnity Agreement." A wheel came off a race car, tore through a fence and hit him. The Iowa Supreme Court held the release barred his claims against the driver, the track lessee and the fairground owners and operators. Key points from the decision:

• Not against public policy. "We have repeatedly held that contracts exempting a party from its own negligence are enforceable, and are not contrary to public policy." The Court rejected the argument that racetracks have a nondelegable duty that cannot be waived.
• Not reading it is no excuse. He said he felt rushed by the line behind him and signed without reading. The Court said failure to read a contract will not invalidate it, absent fraud or mistake.
• Clear coverage of negligence. The release named the releasees and covered injury "whether caused by the negligence of the releasees or otherwise." The Court found it unambiguous.
• Spectators, too. The Court saw no legal difference between a spectator and a participant who signs to enter a restricted area. The Court noted the risk in that case was not unusual or exceptional.
• Only the people named. An insurance broker that was not identified in the release was not protected by it.

Huber also matters for families and couples. His wife's separate loss of consortium claim was not barred, because "one spouse's signature on a release is not imputed to the other spouse." Each adult's own claims are waived only by that adult's own signature.

Gross Negligence, Recklessness and Intentional Harm

The Iowa decisions we reviewed involved ordinary negligence and did not decide whether a release can cover gross negligence or reckless or intentional conduct. Courts in many states refuse to enforce releases for that kind of conduct, so it's wise not to rely on a waiver for it in Iowa.

Waivers for Minors in Iowa

In Galloway v. State, 790 N.W.2d 252 (Iowa 2010), a mother signed releases so her 14-year-old daughter could go on an educational field trip run by Upward Bound, a youth outreach program organized by the University of Northern Iowa and the State. The girl was injured on the trip. The Iowa Supreme Court held: "preinjury releases executed by parents purporting to waive the personal injury claims of their minor children violate public policy and are therefore unenforceable."

The Court reasoned that the same public policy that protects children from improvident decisions by parents in other settings applies here, and noted it found "no reason to believe opportunities for recreational, cultural, and educational activities for youths have been significantly compromised" in states following that rule. The ruling covered a government and university program, not just commercial businesses. The Court invited the legislature to adopt a different rule if it disagreed; we did not find a later Iowa statute doing so.

Galloway did not decide whether a parent can release the parent's own claims arising from a child's injury, so that is a question for your attorney. A parent who participates alongside the child signs as an adult for their own participation.

More Than a Release

A signed agreement does other useful work in Iowa:

• Farm and animal notices. Iowa's agricultural tourism defense is available only if the visitor received the statutory notice, which must also appear in 12-point boldface in any written contract and in any written waiver signed and dated by the visitor (Iowa Code 673A.6). The domesticated animal law requires its warning, which tells participants they are "assuming inherent risks," plus a risk disclaimer in any written contract with participants (673.3).
• Each adult's own claims. Huber shows that each adult's signature covers that adult's claims, so a form every adult signs matters.
• A record of your warnings and rules. For families, the parent's form is evidence of the safety information they received and the rules they agreed to; 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.

Iowa Activity Laws

• Agricultural tourism (Iowa Code chapter 673A, enacted 2021). It's an affirmative defense that an agricultural tourism farmer or professional isn't liable as provided in the act (673A.5), but only if the visitor received the statutory notice of the inherent risk of farming before the injury (673A.6). The notice must be posted in a conspicuous location where visitors first enter, in black letters at least one inch high, and included in any written contract. It tells visitors they are "assuming liability for any hazard" they may encounter, including the inherent risk of farming and "disregarding written or verbal instructions."
• Domesticated animal activities (Iowa Code chapter 673). The law protects people who offer activities with horses, farm animals and similar animals from liability for inherent risks. Under Iowa Code 673.3, a domesticated animal professional must post and maintain a clearly visible sign, in black letters at least one inch high, with a warning that begins "Under Iowa law, a domesticated animal professional is not liable..." A written contract with participants must contain the same notice in clearly readable print plus a longer statutory disclaimer listing risks such as bucking, biting, stumbling, rearing and trampling. The protection does not apply to claims caused by an act committed intentionally, recklessly, or under the influence of alcohol or drugs, among other exceptions in Iowa Code 673.2.

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:

• Clear negligence language. The Huber release applied whether injury was caused by the releasees' negligence "or otherwise."
• Everyone you want protected, named. The broker left out of the Huber release wasn't covered.
• Visible signing cues. The Huber form had "I have read this release" printed in red above each signature line.
• A signature from each adult, since a spouse's separate claims weren't waived by the other's signature.
• How the form handles children and the parent's own claims after Galloway.
• The statutory notices, in the required format, if you offer farm or animal activities.

How WaiverFile Helps Iowa 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:

• Every adult signs. Each adult in a group can sign their own waiver from their phone before arrival, by email, text, QR code or your website, during online booking, or on a tablet at the door. The Venue app works offline at farms and rural sites.
• 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 and risks 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, so staff know which participants are children.
• 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.

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

Sources and Further Reading

• Iowa Code 554D.108 (Uniform Electronic Transactions Act, legal recognition)
• ESIGN Act, 15 U.S.C. 7001
• Huber v. Hovey, 501 N.W.2d 53 (Iowa 1993)
• Galloway v. State, 790 N.W.2d 252 (Iowa 2010)
• Iowa Code 673A.5 (agricultural tourism, limitation on liability)
• Iowa Code 673A.6 (agricultural tourism, notice required)
• Iowa Code chapter 673 (domesticated animal activities)

Published September 2, 2020 · Updated November 4, 2026