Are Online Waivers Legal in Minnesota?

Minnesota courts enforce releases of ordinary negligence for voluntary activities like gyms and fitness classes, and the Minnesota Supreme Court enforced one as recently as 2025. Two Supreme Court cases since 2022 show exactly where the line is, so even a recent waiver may be worth a second look. This guide is for Minnesota gyms, fitness studios, inflatable and play centers, outfitters, event organizers and rental businesses. It covers electronic signatures, negligence releases, minors, the statutes that limit releases, and what else a signed agreement does.

This guide is general information about Minnesota 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 Minnesota at a Glance

Are Electronic Signatures Legal in Minnesota?

Yes. Minnesota adopted the Uniform Electronic Transactions Act in 2000 as chapter 325L. Minn. Stat. 325L.07 says a record or signature may not be denied legal effect solely because it is electronic, and an electronic signature satisfies a law requiring a signature. The federal ESIGN Act (15 U.S.C. 7001 et seq.) applies the same rule nationally. A waiver signed on a phone or at a front-desk tablet is signed.

Are Liability Waivers Enforceable in Minnesota?

Yes, when they meet a strict test. The starting point is Schlobohm v. Spa Petite, Inc., 326 N.W.2d 920 (Minn. 1982). A health spa member was hurt on a weight machine. Her contract released the spa for "acts of active or passive negligence." The Minnesota Supreme Court said exculpatory clauses are "not favored in the law," are "strictly construed against the benefited party," and won't be enforced if they are ambiguous or purport to release intentional, willful or wanton acts. It then applied a two-part public policy test: (1) was there a disparity of bargaining power, and (2) is the service public or essential? A voluntary gym membership was neither, so the release was enforced.

Recent Supreme Court Cases

• Lund v. Calhoun Orange, Inc., 20 N.W.3d 871 (Minn. 2025). A fitness studio member suffered cardiac arrest during a class. His one-page intake form, in smaller type, waived "all claims" and, in the next sentence, agreed to indemnify the studio "from all acts of active or passive negligence." The court called it a close case, but held that reading the two sentences together, the form clearly and unequivocally covered the studio's own negligence, and it barred the ordinary negligence claims. (A separate willful and wanton negligence claim went to a jury, which found for the studio.)
• Justice v. Marvel, LLC, 979 N.W.2d 894 (Minn. 2022). A mother signed a release before her 7-year-old played at an inflatable party center. It released the business from "any and all claims." The boy fell and hit his head on a carpeted concrete floor, and sued after turning 18. The court held the release unenforceable against his negligence claim because it did not specifically reference the business's own conduct or otherwise clearly express that the business was being released from liability for its own negligence.

Read together, these cases show that Minnesota courts have not required a specific "magic word," but broad language without a reference to the business's own negligence has failed.

Minn. Stat. 604.055: Greater Than Ordinary Negligence

Since 2013, an agreement for "a consumer service, including a recreational activity," that purports to release liability for conduct that constitutes "greater than ordinary negligence" is "against public policy and void and unenforceable." The void part is severable, so a release can still be enforced for ordinary negligence and for risks inherent in the activity. The statute does not apply to claims against the state or municipalities.

Waivers for Minors in Minnesota

The Minnesota Supreme Court has not decided whether a parent can release a child's claims. In Justice v. Marvel, the Court of Appeals had held that "a parent generally has authority, on behalf of a minor child, to enter into an agreement that includes an exculpatory clause" (965 N.W.2d 335 (Minn. App. 2021)), and that a valid release binds the child after turning 18. The Supreme Court reversed on the wording of the release without addressing parental authority, and declined the request to vacate the parts of the Court of Appeals decision it did not reach. A dissenting opinion would have held that parents have that authority.

So the Court of Appeals' statement stands for now, but it isn't the final word, and two limits are clear:

• Commercial inflatables. Minn. Stat. 184B.20, subd. 5(b) says "a waiver of liability signed by or on behalf of a minor for injuries arising out of the negligence of the owner or the owner's employee or designee is void." It covers inflatables in regular for-profit use at a permanent facility open to the public or available for private parties. (In Justice, the waiver predated the statute.) Owners must also carry specified liability insurance and register with the Department of Labor and Industry.
• Greater than ordinary negligence. Section 604.055 expressly includes a minor and anyone authorized to sign on the minor's behalf.

More Than a Release

A signed Minnesota agreement does more than release negligence claims:

• Inherent risks. Section 604.055 keeps a release enforceable for risks inherent in the activity, even where another part is void. A form that describes those risks is evidence of what each guest was told. How much it matters depends on the facts.
• Rules and consent at inflatable parks. Even where 184B.20 voids a minor's negligence waiver, the parent's form records consent to the child's participation, agreement to your rules, and emergency contacts.
• Livestock events by nonprofits. Minn. Stat. 604A.12 gives nonprofit organizations immunity for inherent risks of livestock activities, with a notice requirement for sponsors.
• Medical information. In Lund, the waiver was part of an intake form. Health conditions, emergency contacts and consent to treatment can be collected on the same form, before the activity.

Minnesota Activity Laws

• Inflatable amusement equipment (Minn. Stat. 184B.20). Besides the minors rule above, it sets fall protection, supervision, insurance and registration requirements for commercial inflatables.
• Livestock activities (Minn. Stat. 604A.12). Gives nonprofit organizations, and people donating services, animals or facilities to them, immunity for inherent risks of livestock activities such as horse events, with exceptions and a notice requirement for sponsors. It applies to activities not performed for profit, so it does not cover a for-profit riding stable.

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 Minnesota agreement:

• Reference to the business's own negligence. The court in Justice faulted "any and all claims" wording for not referring to the business's own conduct; in Lund, a reference to "active or passive negligence" in the next sentence was enough.
• Willful, wanton or intentional conduct. Section 604.055 makes a release of greater than ordinary negligence void, and plaintiffs in Lund pleaded it.
• Type size and layout. Lund survived despite small type, but the court called it a close case.
• Voluntary activity. The Schlobohm public policy test looks at bargaining power and whether the service is essential.
• Youth programs and inflatables. How your family form should work given the open parental question and 184B.20.

How WaiverFile Helps Minnesota 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, and unlimited forms make it simple to switch to a revised version.
• 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.
• Health and intake questions. Required questions capture health conditions and emergency contacts before guests arrive. HIPAA features add extra protection for health information.
• Families on one form. A parent 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 front desk, and the Venue app works offline. 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 Minnesota with your attorney, and set up a free account to start collecting signatures.

Sources and Further Reading

• Minn. Stat. 325L.07 (Uniform Electronic Transactions Act, legal recognition)
• 15 U.S.C. 7001 (federal ESIGN Act)
• Schlobohm v. Spa Petite, Inc., 326 N.W.2d 920 (Minn. 1982)
• Lund v. Calhoun Orange, Inc., 20 N.W.3d 871 (Minn. 2025)
• Justice v. Marvel, LLC, 979 N.W.2d 894 (Minn. 2022)
• Faegre Drinker, "Minnesota: Parentally Signed Exculpatory Waivers Are Binding After Adulthood" (2021, on the Court of Appeals decision)
• Minn. Stat. 604.055 (waivers of greater than ordinary negligence void)
• Minn. Stat. 184B.20 (inflatable amusement equipment, minors' waivers)
• Minn. Stat. 604A.12 (livestock activities)

Published November 4, 2026