New Mexico courts can enforce a clearly written waiver for recreational activities, and in 2024 the Court of Appeals enforced a parent's electronically signed waiver of a child's negligence claims at a gymnastics academy. Horseback riding is the main exception. This guide is for New Mexico gyms, gymnastics and dance studios, outfitters, ranches, ski and bike shops, camps and other activity businesses. It covers e-signatures, the two-step test New Mexico courts apply, the riding rule, and the 2024 decision on parents signing for children.
This guide is general information about New Mexico 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 Mexico courts can enforce a clear, conspicuous waiver of negligence for recreational activities, and electronic signatures count the same as ink. In 2024 the Court of Appeals enforced a parent's e-signed waiver for a child's gymnastics program. The state Supreme Court has refused to enforce waivers for horseback riding, and courts weigh each waiver against a public policy test.
Waiver Law in New Mexico at a Glance
| Electronic signatures | Valid under the New Mexico Uniform Electronic Transactions Act (NMSA 1978 14-16-1 et seq.) and the federal ESIGN Act. Peck (2024) enforced an e-signed waiver. |
|---|
| Waivers of negligence | Enforceable "in limited circumstances": strictly construed, clear and conspicuous, and passing the Tunkl public policy factors (Berlangieri v. Running Elk, 2003). |
|---|
| Parents signing for minors | Enforced for a gymnastics program in Peck v. G-Force Gymnastics Academy (Ct. App. 2024). |
|---|
| Activity laws to know | Equine Liability Act (NMSA 42-13-1 to -5); Ski Safety Act (NMSA 24-15-1 to -14). |
|---|
| Horseback riding | Releases for equine recreational activities are not enforced, on public policy grounds (Berlangieri). |
|---|
| Gross negligence and recklessness | Not squarely decided by New Mexico appellate courts. |
|---|
Are Electronic Signatures Legal in New Mexico?
Yes. New Mexico's Uniform Electronic Transactions Act, NMSA 1978 14-16-7, 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) adds the same rule for interstate transactions.
New Mexico courts have dealt with an e-signed waiver directly. In Peck v. G-Force Gymnastics Academy (2024), the parent "electronically signed" the enrollment contract. The court noted the original "was an electronic document, which was read and signed by Parent electronically," and because print size "is readily adjustable on a computer," small type on the printed copy was not "a significant impediment."
Are Liability Waivers Enforceable in New Mexico?
The leading case is Berlangieri v. Running Elk Corp., 2003-NMSC-024, 134 N.M. 341. A guest at a lodge fell during a guided trail ride after signing a release that covered negligence. The New Mexico Supreme Court kept "the general rule that liability releases for personal injury may be enforced in limited circumstances," and said "we do not think that it is appropriate to invalidate all recreational releases." Courts take two steps.
Step 1: Is the Release Clear?
Releases are "construed strictly against the drafter." As the Court of Appeals summarized Berlangieri in 2024, the terms must be clear enough for someone with no legal training, must tell the patron the types of risks involved, and must not rely only on legal terms. Context matters, and courts look at "the placement of that language within the document to determine whether it is conspicuous enough."
Step 2: Does Public Policy Allow It?
If the release is clear, courts apply the six factors from the California case Tunkl v. Regents of the University of California. These ask, among other things, whether the business is the kind suited to public regulation, whether it provides an essential service, whether it has a decisive bargaining advantage, and whether the customer is placed under the business's control. The factors are guidance, not a simple balancing test.
The Horseback Riding Exception
In Berlangieri, the Supreme Court found that "the policy generally expressed in the Equine Liability Act and other factors trigger the public policy exception," and held that "liability releases for equine recreational activities represent another exceptional case where public policy dictates that they not be enforced." For stables, outfitters and ranches offering rides, the Equine Liability Act, not a release, is the main legal protection.
Gross Negligence and Recklessness
The cases we reviewed involved ordinary negligence, and we did not find a New Mexico appellate decision that squarely decides whether a release can cover gross negligence or reckless conduct.
Waivers for Minors in New Mexico
In Peck v. G-Force Gymnastics Academy, 2024-NMCA-067, a parent signed a waiver for her 10-year-old's advanced gymnastics program. Two years later the child was hurt landing a vault. The Court of Appeals held the waiver clear (the agreement named the business's negligence and included an agreement "not to sue") and concluded that "public policy in New Mexico allows parents to weigh the benefit to their child of participation in a recreational activity against the risk of personal injury." It applied the Tunkl factors rather than adopting the rule of the many states that bar parental waivers, and said any broader limit on parental waivers "must come from our Legislature." According to the case history on vLex, the New Mexico Supreme Court denied review in September 2024.
Keep the scope in mind: Peck is a Court of Appeals decision, one judge dissented, and it involved a gymnastics program, not horseback riding, where Berlangieri still controls.
New Mexico Activity Laws
- Equine Liability Act (NMSA 42-13-1 to -5). As described in Berlangieri, it protects operators from liability for injuries that result from "the behavior of equine animals," while keeping them liable for things like tack they knew or should have known was faulty, failing to assess a rider's ability, and reckless conduct.
- Ski Safety Act (NMSA 24-15-1 to -14). Sets duties for ski areas and skiers.
The Peck court noted that these are the only two recreational activities the Legislature has addressed by statute, and neither separately addresses parental waivers.
More Than a Release
A signed New Mexico agreement does more than release claims:
- A record of the risks. New Mexico's test asks whether the agreement told the patron the types of risks involved. In Peck, the court found the agreement's description of gymnastics risks (motion, inversion, height, rotation, "serious bodily injury") was enough to cover an ankle injury from a vault landing. A signed risk description is evidence of what the guest was told, and how much it matters depends on the facts.
- Parent consent for kids' programs. After Peck, a parent's agreement can be more than a permission slip for recreational programs outside riding.
- Riding programs. Even where a release won't hold, the agreement records the rider's stated experience, which matters because the Equine Liability Act keeps operators responsible for assessing a rider's ability.
- 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 Mexico attorney:
- Plain language a layperson understands. The Peck agreement released claims "caused or alleged to be caused in whole or in part by the negligence of the 'releasees' or otherwise."
- A description of the specific risks of your activity.
- Titles and placement that make the release conspicuous. The Peck court pointed to the bolded "Waiver/Release" and "Parental Consent" headings, and called the agreement "overly long and repetitive."
- How the Tunkl factors apply to your business, including how much control you have over participants.
- For horseback riding, what the Equine Liability Act requires of you, since a release is not enforced.
How WaiverFile Helps New Mexico 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, with headings where you want them.
- Acknowledgments where you want them. Initial boxes inside the agreement text and required checkboxes for the risks, rules and clauses you choose.
- 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.
- Experience and medical questions. Required questions collect riding experience, 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 on-site, and the Venue app works offline at trailheads and remote sites. 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