Are Online Waivers Legal in Nebraska?

Nebraska courts take signed releases seriously. The Nebraska Supreme Court has enforced them for a motorcycle race track and, in 2023, for a university athletics program, and it holds people to documents they had the chance to read. This guide is for Nebraska race tracks, gyms, trampoline parks, paintball fields, camps, stables, farms and event organizers. It covers e-signatures, how Nebraska courts read releases, the age-19 rule for minors, and the equine and agritourism laws that rely on written warnings.

This guide is general information about Nebraska 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 Nebraska at a Glance

Are Electronic Signatures Legal in Nebraska?

Yes. Nebraska adopted the Uniform Electronic Transactions Act at Neb. Rev. Stat. 86-612 to 86-643. Section 86-634 says 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 requiring a signature. Section 86-636 adds that an electronic signature is attributable to a person if it was their act, which can be shown "in any manner," including the security procedure used. The federal ESIGN Act (15 U.S.C. 7001) provides the same baseline. A waiver signed on a phone, computer or tablet counts as signed.

Are Liability Waivers Enforceable in Nebraska?

Generally yes, for ordinary negligence. Two Nebraska Supreme Court decisions frame the rule.

Mayer v. Howard (1985)

In Mayer v. Howard, 220 Neb. 328, 370 N.W.2d 93 (1985), a motorcycle racer was hurt at a track and sued the owner. He had signed releases that covered injury "whether caused by the negligence of the releasees or otherwise" and acknowledged that racing was "very dangerous." The court affirmed summary judgment for the track owner. It said courts "should be cautious in holding contracts void on the ground that the contract is contrary to public policy," treated the documents as an express assumption of the risk, and held that "in the absence of fraud one who signs an instrument without reading it... cannot avoid the effect of his signature."

Sinu v. Concordia University (2023)

In Sinu v. Concordia University, 313 Neb. 218 (2023), a soccer recruit was hurt by a resistance band during a mandatory team workout. A month before moving to Nebraska, he and his mother had signed an "Assumption of Risk and Waiver of Liability Release." The court enforced it and affirmed summary judgment for the university. Key points:

• A release must be "so clear and understandable that an ordinary and knowledgeable party will know what he or she is contracting away."
• This release didn't use the word "negligence," but the court held its broad language, releasing "any and all claims" for personal injury from participation, covered ordinary negligence because that was the only reasonable reading. The court distinguished indemnity clauses, where it has required more specific language.
• There was no disparity in bargaining power: the form told the signer to see an attorney with any questions, he had it a month before he arrived, and he could have played elsewhere.
• Releases in the recreational sports context "do not implicate the public interest."

Even so, a release that names negligence, like the ones in Mayer, leaves less room for argument, and a release can still fail if it's ambiguous or the circumstances show unequal bargaining power.

Gross Negligence and Willful Misconduct

In New Light Co. v. Wells Fargo Alarm Services, 247 Neb. 57, 525 N.W.2d 25 (1994), the court held that an alarm contract's exculpatory clause did not affect claims "based upon gross negligence or willful and wanton misconduct." Sinu repeated that "public policy prevents a party from limiting its damages for gross negligence or willful and wanton misconduct." In Sinu the plaintiffs tried to add gross negligence claims, and the court agreed with the trial court that the amendment would be futile on the evidence in that case.

Waivers for Minors in Nebraska

Under Neb. Rev. Stat. 43-2101, "all persons under nineteen years of age are declared to be minors," though a person 18 or older who is not a ward of the state may "enter into a binding contract." In Sinu, the release asked for a parent's signature for anyone "18 years of age or younger," the 18-year-old and his mother both signed, and the court enforced it against both of their claims.

For younger children, we found no Nebraska appellate decision on whether a parent can release a child's own injury claim before an injury. A parent's signature still records the parent's permission, the rules and risks they accepted, and the child's medical and emergency information.

Nebraska Activity Laws

• Equine activities (Neb. Rev. Stat. 25-21,249 to 25-21,253). Sponsors and professionals are not liable for injuries resulting from the inherent risks of equine activities. Section 25-21,253 requires equine professionals to post the statutory warning near stables, corrals or arenas (the word "WARNING" at least three inches high, the rest at least one inch) and says every written contract for professional services, instruction, or rental of equipment, tack or a horse "shall contain in clearly readable print" the same warning. The protection does not cover negligence, faulty tack from failing to inspect or maintain it, failing to assess a rider's ability, unposted known latent dangers, willful or wanton conduct, or intentional injury (25-21,252).
• Agritourism (Nebraska Agritourism Promotion Act, Neb. Rev. Stat. 82-601 to 82-607). An owner is not liable for injuries resulting from an inherent risk of agritourism activities on the premises (82-604, with exceptions in 82-605). An owner who charges a fee keeps that protection only by doing at least one of two things: posting the statutory warning at or near the entrance, or including it "in any written contract" with each participant (82-606).
• Recreation Liability Act (Neb. Rev. Stat. 37-729 to 37-736). Limits a landowner's duty to people using land for recreation for free. It doesn't apply where the owner charges for entry (37-734), so paid businesses usually rely on their own agreements.

More Than a Release

A signed Nebraska agreement does more than release claims:

• A record of the risks. Mayer treated the racer's signed acknowledgment that racing was "very dangerous" as an express assumption of the risk. A signed description of your activity's risks is evidence of what the guest was told, and how much it matters depends on the facts.
• Statutory warnings. For agritourism, the warning in each participant's written contract is one of the two ways a fee-charging owner keeps the statute's protection. For equine professionals, the warning belongs in every written contract as well as on posted signs.
• Rules and responsibility. Guests agree to your rules, age limits and equipment terms in writing.
• Medical information and consent. Health conditions, emergency contacts, parent permission and photo consent, collected before the activity.

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 with a Nebraska attorney:

• How the release describes what is covered. The Mayer releases named negligence; the Sinu release didn't, and the court still found it clear from the document as a whole.
• A clear title and a chance to read. The Sinu court noted the large boldface title, the advice to see an attorney, and the month the athlete had before he arrived.
• Who signs for 18-year-olds. The Sinu form required a parent's signature for anyone 18 or younger.
• For equine and agritourism activities, the exact statutory warning in your written contracts.
• Indemnity clauses, which the Sinu court said it reads differently from releases and did not rule on.

How WaiverFile Helps Nebraska 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:

• Time to read. Guests sign ahead from their own phone or computer by email, text, QR code or your website, or on a tablet at the door. The Venue app works offline at rural sites, and waivers are built into online booking with each guest's status at check-in.
• 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 as written, including any statutory warning.
• Acknowledgments where you want them. Initial boxes inside the agreement text and required checkboxes for the rules, risks and clauses you choose.
• Families and ages. A parent or guardian signs for themselves and their children on one form, adding each child by name and date of birth, and minors are flagged at check-in.
• Medical questions. Required questions collect health conditions and emergency contacts. HIPAA features add extra protection for health information.
• A record of each signature. 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. Search any waiver in seconds, or download them in bulk as a ZIP file for any date range.

Start with our generic waiver template, review it with your attorney, and set up a free account to start collecting signatures.

Sources and Further Reading

• Neb. Rev. Stat. 86-634 (UETA, legal recognition of electronic signatures)
• Neb. Rev. Stat. 86-636 (attribution of electronic signatures)
• Federal ESIGN Act, 15 U.S.C. 7001
• Mayer v. Howard, 220 Neb. 328, 370 N.W.2d 93 (1985)
• Sinu v. Concordia University, 313 Neb. 218 (2023), No. S-21-959
• New Light Co. v. Wells Fargo Alarm Services, 247 Neb. 57, 525 N.W.2d 25 (1994)
• Neb. Rev. Stat. 43-2101 (age of majority)
• Neb. Rev. Stat. 25-21,252 (equine activities, exceptions)
• Neb. Rev. Stat. 25-21,253 (equine activities, required warning)
• Neb. Rev. Stat. 82-606 (agritourism, required warning)
• Neb. Rev. Stat. 37-734 (Recreation Liability Act, exceptions)

Published November 4, 2026