Montana law has long treated contracts that excuse a business from its own negligence as against public policy, so a generic waiver template does little here. But Montana changed its law in 2015 for sports and recreation, and in 2025 for horseback riding and other equine activities: a written waiver that meets the statute's requirements can now cover ordinary negligence and inherent risks. A signed agreement also records the inherent risks participants assume by law, the rules they agreed to follow, and the health and emergency information you need. This guide covers each of these for Montana outfitters, guides, rafting companies, gyms, climbing walls, ranches, stables and event organizers, along with how Montana treats injury releases outside the statutes.
This guide is general information about Montana 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 Montana
| Electronic signatures | Valid under Montana's Uniform Electronic Transactions Act (MCA 30-18-106) and the federal ESIGN Act. |
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| Sport and recreation waivers | Since 2015, MCA 27-1-753 allows a written waiver for a "sport or recreational opportunity" covering ordinary negligence and inherent risks, if it states the known inherent risks and contains a required statement in bold type. |
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| Equine waivers | Since 2025, MCA 27-1-727 sets parallel requirements for equine waivers (known inherent risks, a bold statement), and a compliant one isn't subject to the general ban. |
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| A record of inherent risks | By statute, participants assume the inherent risks of a sport or recreational opportunity (MCA 27-1-753(1)). A signed list of those risks is evidence of what each guest was told. |
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| Rules and the guest's own care | Equine participants must act safely by statute (27-1-727(2)), and a guest's own negligence reduces or can bar recovery (27-1-702). Signed rules are evidence of what you asked of them. |
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| Medical information and consent | Health conditions, emergency contacts, parent consent and photo consent, collected before the activity. |
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| Waivers outside the statutes | Generally void under MCA 28-2-702 (Miller v. Fallon County, Mont. 1986). Even compliant waivers "may still be challenged on any legal grounds," don't reach gross negligence or willful conduct, and Montana has no ruling on parents signing for children. |
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Are Electronic Signatures Legal in Montana?
Yes. MCA 30-18-106, part of Montana's Uniform Electronic Transactions Act, says a record or signature "may not be denied legal effect or enforceability solely because it is in electronic form," and that an electronic signature satisfies a law requiring a signature. The federal ESIGN Act (15 U.S.C. 7001 et seq.) says the same for transactions in interstate commerce. A waiver signed on a phone, computer or tablet counts as signed, with the same weight as paper.
What a Signed Waiver Does for Montana Businesses
It Can Release Ordinary Negligence for Sports and Recreation
In 2015 the legislature amended MCA 27-1-753 (Ch. 410, Laws of 2015). It now says the law "does not prohibit a written waiver or release entered into prior to engaging in a sport or recreational opportunity for damages or injuries resulting from conduct that constitutes ordinary negligence or for risks that are inherent in the sport or recreational opportunity." To qualify, the waiver must:
- state the known inherent risks of the sport or recreational opportunity; and
- contain this statement in bold type: By signing this document you may be waiving your legal right to a jury trial to hold the provider legally responsible for any injuries or damages resulting from risks inherent in the sport or recreational opportunity or for any injuries or damages you may suffer due to the provider's ordinary negligence that are the result of the provider's failure to exercise reasonable care.
A waiver executed in compliance with the section "is not prohibited by or subject to the provisions of 28-2-702," the general rule discussed below, though it "may still be challenged on any legal grounds." MCA 27-1-752 defines "sport or recreational opportunity" broadly: team sports, bicycling, hiking, swimming, boating, mountain climbing, river floating, whitewater rafting, kayaking, target shooting, hunting, fishing, backcountry trips, dude ranching, agritourism "and any similar recreational activity," among others.
It Can Do the Same for Equine Activities
Equine activity was left out of the 2015 change, because MCA 27-1-754 keeps it under its own statute. In 2025 the legislature passed HB 768 (Ch. 720, Laws of 2025), adding a waiver rule to MCA 27-1-727. A waiver for equine activities must state the known inherent risks of equine activities and contain a bold statement like the one above, referring to equine activities. A compliant equine waiver is not subject to 28-2-702 and, like the recreation version, "may still be challenged on any legal grounds."
It Records the Inherent Risks Guests Assume
Under MCA 27-1-753(1), a person who takes part in a sport or recreational opportunity "assumes the inherent risks" of it, "whether those risks are known or unknown," and the provider isn't required to eliminate them. Inherent risks are dangers that are "characteristic of, intrinsic to, or an integral part of" the activity and "cannot be prevented by the use of reasonable care" (27-1-752). Equine sponsors and professionals likewise aren't liable for injuries resulting from the inherent risks of equine activities (27-1-727(1)), with exceptions. A signed agreement describing your activity's risks is evidence of what each guest was told before taking part. How much it matters depends on the facts.
It Records Your Rules and the Guest's Own Responsibilities
Montana's equine statute says a participant "shall act in a safe and responsible manner at all times" and be aware of the inherent risks (27-1-727(2)). More generally, under MCA 27-1-702 a person's own negligence reduces the damages they can recover, and bars recovery if it's greater than the negligence of those they sue. Your agreement is where guests accept your rules: age and weight limits, required gear, following guide instructions. If a guest ignores them, the signed rules are evidence of what they agreed to do.
It Collects Medical Information and Consent
A signed form is where you collect health conditions, allergies, riding or paddling experience, emergency contacts, consent to emergency treatment and photo consent, before anyone takes part. For the equine statute, honest answers about ability also matter: the immunity doesn't apply if a provider failed to make reasonable efforts to determine a participant's ability "based on the participant's representations" (27-1-727(3)).
How Montana Treats Injury Releases
The general rule is MCA 28-2-702. Except as provided in 27-1-753, contracts that aim "to exempt anyone from responsibility for the person's own fraud, for willful injury to the person or property of another, or for violation of law, whether willful or negligent, are against the policy of the law." In Miller v. Fallon County, 721 P.2d 342 (Mont. 1986), the Montana Supreme Court read "violation of law" broadly: a party "cannot contractually exculpate itself from liability for willful or negligent violations of legal duties, whether they be rooted in statutes or case law." That's why Montana was long grouped with states where releases of negligence don't work, and why a waiver that doesn't meet 27-1-753 or 27-1-727 is still likely to fail.
The statutory waivers have limits of their own:
- Still open to challenge. Both statutes say a waiver "may still be challenged on any legal grounds." We found no Montana Supreme Court decision applying either waiver provision, so how strictly courts will read them is untested.
- Ordinary negligence only. The statutes cover ordinary negligence and inherent risks. They don't reach gross negligence, and 28-2-702 still voids attempts to exempt anyone from fraud or willful injury. The equine immunity also doesn't apply to faulty tack the provider failed to inspect or maintain, known latent dangers on the land, willful or wanton disregard for safety, or intentional injury (27-1-727(3)).
- Equipment claims. The recreation statutes don't apply to claims based on the design, manufacture, provision or maintenance of equipment (27-1-753(4)).
- Activities with their own statutes. MCA 27-1-754 says sections 27-1-751 to 27-1-753 don't apply to duties, liability or immunity under other statutes, including skiing, snowmobiling, off-highway vehicles, firearms and hunter safety instruction, rodeo and amusement rides. Whether the 27-1-753 waiver rule reaches those activities is unclear.
- Minors. Neither statute mentions parents signing for children, and we found no Montana appellate decision on whether a parent can waive a child's claims. A parent's signature still records consent, the risks the parent was told about, and medical and emergency details.
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 above, these are points worth raising when preparing a Montana agreement:
- Whether your activity is a "sport or recreational opportunity" under 27-1-752, an equine activity under 27-1-727, or one of the activities carved out by 27-1-754.
- The known inherent risks of your specific activity, stated in the agreement, and the statutory statement in bold type, as each statute requires.
- Keeping the release to ordinary negligence and inherent risks, since that's what the statutes allow.
- Separate agreements for different activities (a float trip and a trail ride, say), so each lists its own risks.
- Questions about experience and ability for riders, and a plan for minors given the open question on parent signatures.
- A clear record of who signed, when, and which version of the form they saw.
How WaiverFile Helps Montana 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, so each one has its own acknowledgment.
- A form for each activity. Unlimited forms let you keep a rafting agreement, a trail ride agreement and a general rules acknowledgment separate.
- 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 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 trailhead, and the Venue app works offline where there's no signal. 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 Montana 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 4, 2026