New Jersey's Supreme Court has enforced a gym's waiver against an adult member's negligence claim, and it has held that a parent's agreement to arbitrate a child's claims is valid. New Jersey also draws firm lines: waivers are read narrowly, they don't reach reckless or grossly negligent conduct, and a parent can't waive a child's injury claims at a commercial recreation facility. This guide is for New Jersey gyms, trampoline parks, skate parks, climbing gyms, stables, camps and other activity businesses, and covers each of these points.
This guide is general information about New Jersey 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. New Jersey courts enforce a clear waiver of ordinary negligence for adults when it is tied to the risks of the activity, and electronic signatures count the same as ink. A parent can agree to arbitrate a child's claims, but a parent's waiver of a child's injury claims at a commercial recreation facility is unenforceable. Waivers don't cover reckless or grossly negligent conduct.
Waiver Law in New Jersey at a Glance
| Electronic signatures | Valid under the New Jersey Uniform Electronic Transactions Act (N.J.S.A. 12A:12-1 to -26) and the federal ESIGN Act. |
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| Waivers of negligence | Generally enforced for adults when clear and tied to the activity's risks (Stelluti v. Casapenn Enterprises, 2010). Broad premises-wide waivers have been rejected (Walters v. YMCA, 2014). |
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| Arbitration | A parent's agreement to arbitrate is "valid and enforceable" against a child's tort claims (Hojnowski, 2006). The clause must explain the signer is giving up the right to go to court (Atalese, 2014). |
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| Activity laws to know | Ski Act, Roller Skating Rink Safety and Fair Liability Act, Equine Activities Liability Act. |
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| Parents signing for minors | A parent's pre-injury release of a child's claims arising from a commercial recreational facility is unenforceable (Hojnowski v. Vans Skate Park, 2006). |
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| Gross negligence and recklessness | Outside a waiver. A club "could not exculpate itself from such reckless or gross negligence" (Stelluti). |
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Are Electronic Signatures Legal in New Jersey?
Yes. New Jersey adopted the Uniform Electronic Transactions Act in 2001 (P.L.2001, c.116), codified at N.J.S.A. 12A:12-1 to -26. Section 12A:12-7 says "a record or signature may 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) says the same for transactions in interstate commerce. A waiver signed on a phone, computer or tablet counts as signed.
Are Liability Waivers Enforceable in New Jersey?
The leading case is Stelluti v. Casapenn Enterprises, LLC, 203 N.J. 286 (2010). A new gym member was hurt when the handlebars of a spin bike came loose during a class, and the gym relied on the waiver she signed when she joined. The New Jersey Supreme Court enforced the waiver against her negligence claim.
The court used a four-part test (from Gershon v. Regency Diving Center, 368 N.J. Super. 237 (App. Div. 2004)). Courts ask whether the agreement:
- adversely affects the public interest;
- involves a party under a legal duty to perform;
- involves a public utility or common carrier; or
- grew out of unequal bargaining power or is otherwise unconscionable.
The court weighed the interests of health clubs and their patrons and concluded a limited waiver for the risks of using equipment and taking part in activities was acceptable. It also said a club must meet "a standard of care congruent with the nature of their business."
Waivers That Go Too Far
New Jersey courts read waivers narrowly. In Walters v. YMCA, 437 N.J. Super. 111 (App. Div. 2014), a member slipped on steps at the facility. The waiver covered "any personal injuries or losses sustained ... while on any YMCA premises." The court said that, applied literally, the clause "would eviscerate the common law duty of care owed by defendant to its invitees," and refused to enforce it for a fall that could have happened in any business. It also said ambiguities "should be resolved in favor of holding a tortfeasor accountable."
Gross Negligence and Recklessness
Stelluti drew a clear line. If a club's staff "had been aware of a piece of defective exercise equipment and failed to remedy the condition or to warn adequately of the dangerous condition, or if it had dangerously or improperly maintained equipment," the club "could not exculpate itself from such reckless or gross negligence." A waiver works alongside inspecting and maintaining equipment, not in place of it.
Waivers for Minors in New Jersey
In Hojnowski v. Vans Skate Park, 187 N.J. 323 (2006), a 12-year-old was hurt at a commercial skate park. The New Jersey Supreme Court held that "a parent's execution of a pre-injury release of a minor's future tort claims arising out of the use of a commercial recreational facility is unenforceable." Two other parts of the decision matter for businesses:
- Arbitration. The court held that "a parent's agreement to arbitrate is valid and enforceable against any tort claims asserted on a minor's behalf," because arbitration only changes where a claim is heard. In Atalese v. U.S. Legal Services Group, 219 N.J. 430 (2014), the court said an arbitration clause must explain "in some general and sufficiently broad way" that the person is giving up the right to bring claims in court or have a jury decide.
- What the court left open. The court noted that published decisions upholding parental waivers elsewhere involved "non-commercial ventures, such as volunteer-run or non-profit organizations." It did not decide that question for New Jersey, and it did not decide whether the release barred the parents' own claims.
New Jersey Activity Laws
New Jersey has three inherent-risk statutes that separate the risks a participant accepts from the duties the operator keeps: the Ski Act (N.J.S.A. 5:13-1 to -11), the Roller Skating Rink Safety and Fair Liability Act (N.J.S.A. 5:14-1 to -7), and the Equine Activities Liability Act (N.J.S.A. 5:15-1 to -12). In Hubner v. Spring Valley Equestrian Center (2010), the state Supreme Court described the equine act as a "complete bar" for injuries from inherent risks, with exceptions that courts read narrowly. These statutes protect operators who meet their own statutory duties.
More Than a Release
For New Jersey businesses that serve families, much of the agreement's value doesn't depend on the release:
- Arbitration for every signer. Hojnowski enforced a parent's agreement to arbitrate a child's claims, so a clearly worded arbitration clause can apply to the families you serve, not only adults.
- A record of the risks and rules. A signed description of your activity's risks and rules, with an acknowledgment of each, is evidence of what each guest and parent was told. How much it matters depends on the facts.
- Inherent-risk statutes. For skiing, skating and riding, the statutes already allocate inherent risks to participants; the agreement is a place to describe those risks 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 above, these are points worth raising with a New Jersey attorney:
- The scope of the release. Stelluti enforced a waiver for the risks of exercise; the court in Walters faulted one stretched to cover any injury anywhere on the premises.
- Clear, unambiguous wording, since ambiguity is read against the business.
- An arbitration clause that says plainly the signer is giving up the right to go to court, as Atalese requires, with its own acknowledgment.
- How the agreement handles children, given Hojnowski, and whether your program is commercial or nonprofit.
- Inspection and maintenance records, since known defects and poor maintenance can be reckless or gross negligence.
How WaiverFile Helps New Jersey 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 text you and your attorney prepared and use the editor's formatting options (bold, capitals, font size) to lay it out as written.
- Separate acknowledgments. Initial boxes inside the agreement text and required checkboxes let a signer acknowledge the sections you choose, such as the activity risks or an arbitration clause.
- 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.
- Medical questions. Required questions collect health conditions and emergency contacts. HIPAA features add extra protection for health information.
- 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. Waivers are built into online booking, with each guest's status at check-in.
- 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 one of our free waiver templates, review it 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