Kentucky courts enforce a release of negligence when its wording makes the intent unmistakable, and the state's farm animal and agritourism laws add protection for businesses that give the statutory warnings. This guide is for Kentucky trampoline parks, horse farms and stables, agritourism venues, gyms, cave and adventure tours and event organizers. It covers electronic signatures, the test Kentucky courts apply to releases, the Kentucky Supreme Court's 2019 ruling on waivers for children, and the other work a signed agreement does for your business.
This guide is general information about Kentucky 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. Kentucky courts enforce a release of negligence when the wording is clear and unmistakable, and electronic signatures count the same as ink. Courts read releases strictly, using a four-part test from Hargis v. Baize (2005). Since 2019, a parent's signature doesn't release a child's own claim against a for-profit business, but the signed form still records the family's consent, the rules and the warnings, and for farm animal activities a parent's signature on the statutory warning has its own effect.
Waiver Law in Kentucky at a Glance
| Electronic signatures | Valid under Kentucky's Uniform Electronic Transactions Act (KRS 369.101 to 369.120) and the federal ESIGN Act. |
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| Waivers of negligence | Enforced when the release clearly covers the business's own negligence through one of four routes set out in Hargis v. Baize (Ky. 2005). Courts read them strictly. |
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| Gross negligence and intentional harm | Hargis says a release of negligence "whether ordinary or gross" is "not invalid per se," but a release can't excuse breaking a safety statute. |
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| Parents signing for minors | For farm animal activities, a parent's signed contract with the statutory warning counts as a waiver of inherent-risk claims (KRS 247.4027). Otherwise, a parent's waiver doesn't bar a child's claim against a for-profit business (Miller v. House of Boom, 2019); nonprofits were left open. |
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| Activity laws to know | Farm animal activities (KRS 247.401 to 247.4029) and agritourism (KRS 247.800 to 247.810) protect businesses that post signs and put the warning in their contracts. |
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Are Electronic Signatures Legal in Kentucky?
Yes. KRS 369.107 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) covers interstate transactions the same way. An online waiver carries the same weight as a paper one; in Kentucky, the questions that matter are about the wording.
Are Liability Waivers Enforceable in Kentucky?
Yes, when they are written clearly enough. In Hargis v. Baize, 168 S.W.3d 36 (Ky. 2005), the Kentucky Supreme Court said an exculpatory contract for negligence "is not invalid per se," but such contracts "are disfavored and are strictly construed against the parties relying upon them." The wording must be "so clear and understandable that an ordinarily prudent and knowledgeable party to it will know what he or she is contracting away; it must be unmistakable."
The Court said a pre-injury release will be upheld only if:
- it explicitly expresses an intention to exonerate by using the word "negligence"; or
- it clearly and specifically indicates an intent to release a party from liability for a personal injury caused by that party's own conduct; or
- protection against negligence is the only reasonable construction of the contract language; or
- the hazard experienced was clearly within the contemplation of the provision.
The release in Hargis failed all four: it never used the word negligence, did not explicitly release the business for injuries caused by its own conduct, and could reasonably be read as covering something else.
The setting can matter too. In Coughlin v. T.M.H. International Attractions, 895 F. Supp. 159 (W.D. Ky. 1995), a federal court refused to enforce a cave tour release, finding no public interest in encouraging commercial caving by validating releases and an evident public interest in the physical safety of citizens. The court also noted the Kentucky appellate rule that a release can be against public policy if the parties have unequal bargaining power.
Gross Negligence, Recklessness and Intentional Harm
Hargis described exculpatory contracts for negligence, "whether ordinary or gross," as not invalid per se, so Kentucky doesn't automatically void a release because gross negligence is alleged. The same opinion held that "a party cannot contract away liability for damages caused by that party's failure to comply with a duty imposed by a safety statute." Hargis did not address intentional harm, and because releases are read strictly, a court is unlikely to read one as covering more than it clearly says.
Waivers for Minors in Kentucky
In Miller v. House of Boom Kentucky, LLC, 575 S.W.3d 656 (Ky. 2019), a federal court asked the Kentucky Supreme Court whether a pre-injury liability waiver signed by a parent for a child is enforceable. A child had been hurt at a for-profit trampoline park in Louisville. The Court held "such a waiver is unenforceable under the specific facts of this case," noting that eleven of twelve jurisdictions that had looked at parent waivers for for-profit businesses held them unenforceable. It found that Kentucky's policies favoring youth recreation and volunteer immunity "do not apply when dealing with a commercial entity."
Miller was limited to for-profit businesses. The Court discussed, but did not decide, how releases for schools, nonprofits and community programs should be treated, and we found no later Kentucky decision settling that question.
Farm animal activities have their own statutory rule. Under KRS 247.4027(2)(a), if a participant "or parent or guardian of a minor" knowingly signs a contract containing the statutory warning before the activity, the contract is deemed a waiver of claims arising out of farm animal activities, except as to acts of negligence by the sponsor, professional or others covered by KRS 247.402(2). It reaches inherent risks, not the business's own negligence.
More Than a Release
A signed Kentucky agreement does more than release claims:
- Farm animal protection. The statutory immunity for farm animal activities is only available to sponsors and professionals who post the signs and put the warning in their written contracts (KRS 247.4027(4)). A participant's or parent's signature on that contract also counts as a waiver of inherent-risk claims, and it stays valid until revoked in writing.
- Agritourism protection. Agritourism immunity likewise depends on the posted warning and on the warning appearing in written contracts (KRS 247.8091).
- A record of the warnings. A form that lists the activity's specific hazards, with the guest's acknowledgment, is evidence of what they were told. It also speaks to the fourth Hargis route, whether the hazard was "clearly within the contemplation" of the release. How much it matters depends on the facts.
- Rules, medical information and consent. Guests agree to your rules, and you collect health conditions, emergency contacts, consent to emergency treatment and photo consent before anyone takes part. For families, the parent's form records that a parent approved the child's participation.
Kentucky Activity Laws
- Farm animal activities (KRS 247.401 to 247.4029). Sponsors and professionals must post signs near stables, corrals or activity areas in black letters at least one inch high, and every written contract for services, instruction or rental must contain the statutory warning in clearly readable print. Failure to comply prevents a business from invoking the statute (KRS 247.4027(4)).
- Agritourism (KRS 247.800 to 247.810). Agritourism professionals must post the statutory warning at the entrance and at the activity site, and include it in written contracts. The warning says there is no liability for injuries resulting exclusively from inherent risks "and in the absence of negligence." Without the signs and notices, the immunity in KRS 247.809 is not available (KRS 247.8091).
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 statutes above, these are points worth raising when preparing a Kentucky agreement:
- How the release refers to negligence. The Hargis court faulted the release for never using the word negligence or referring to the business's own conduct, the first two of its four routes.
- The specific hazards of your activity. The fourth Hargis route asks whether the hazard was clearly within the contemplation of the release.
- Bargaining power and the type of activity. Coughlin weighed public safety and noted the unequal-bargaining-power rule.
- The statutory warnings. Farm animal and agritourism protections depend on the exact warning text in signs and contracts.
- Youth programs. How your form for families should work after Miller, and whether your organization is for-profit or nonprofit.
How WaiverFile Helps Kentucky 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 rules, risks and clauses you choose, so each one has its own acknowledgment.
- 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.
- Experience and medical questions. Required questions capture riding experience, health conditions and emergency contacts before guests arrive. HIPAA features add extra protection for health information.
- Families on one form. A parent or guardian signs for themselves and adds each child by name and date of birth, and minors are flagged at check-in.
- Sign anywhere. Guests sign ahead by email, text, QR code or your website, or on a tablet at the door, and the Venue app works offline at farms and caves. Waivers are built into online booking, so you see each guest's status at check-in.
- 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 Kentucky with your 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 November 13, 2020 · Updated November 4, 2026