The North Dakota Supreme Court has enforced clear releases for a charity road race and for a park district's after-school program, where the release was signed by a parent. A state statute sets the outer limit: contracts can't exempt anyone from their own fraud or willful injury. This guide is for North Dakota gyms, park and recreation programs, race organizers, outfitters, stables, camps and rental shops. It covers e-signatures, the two leading cases, the statute, and what is and isn't settled about parents signing for children.
This guide is general information about North Dakota 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. North Dakota courts enforce a clear and unambiguous release of negligence, and electronic signatures count the same as ink. The Supreme Court has enforced a parent-signed release for a child's park district program, though no one argued the parent's authority to sign, so that question isn't settled. By statute, a release can't cover fraud or willful injury.
Waiver Law in North Dakota at a Glance
| Electronic signatures | Valid under the North Dakota Uniform Electronic Transactions Act (N.D.C.C. chapter 9-16) and the federal ESIGN Act. |
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| Waivers of negligence | Enforced when clear and unambiguous (Reed v. University of North Dakota, 1999; Kondrad v. Bismarck Park District, 2003). |
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| Parents signing for minors | A parent's release was enforced against a child's claim in Kondrad, but the parent's authority to sign for the child was not raised or decided. |
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| Activity laws to know | Equine activity liability limits (N.D.C.C. chapter 53-10), including a duty to post warnings of known latent dangers. |
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| Fraud and willful injury | N.D.C.C. 9-08-02: contracts exempting a party from its own fraud, willful injury, or violation of law are against public policy. |
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Are Electronic Signatures Legal in North Dakota?
Yes. North Dakota's Uniform Electronic Transactions Act is chapter 9-16 of the Century Code. Section 9-16-06 says "a record or signature may not be denied legal effect or enforceability solely because the record or signature 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. A waiver signed on a phone, computer or tablet counts as signed.
Are Liability Waivers Enforceable in North Dakota?
Generally yes, when the wording is clear. Two North Dakota Supreme Court decisions set the tone.
Reed v. University of North Dakota (1999)
In Reed v. University of North Dakota, 1999 ND 25, 589 N.W.2d 880, a university hockey recruit was injured running a charity 10-kilometer road race that was a mandatory part of the team's preseason conditioning. His entry form said, "I am entering this event at my own risk and assume all responsibility for injuries I may incur as a direct or indirect result of my participation." The court enforced the release against the race sponsor. It found the language "clearly and unambiguously evidences an intent to exonerate" the sponsor, found it supported by consideration, and rejected a public policy challenge, noting that any pressure to run came from the university, not the race sponsor.
The court also read the release in light of the state statute: exoneration for "any claims" and "all responsibility" was "limited to negligent acts as a matter of law." Broad wording covered negligence and was not stretched to cover willful conduct.
Kondrad v. Bismarck Park District (2003)
In Kondrad v. Bismarck Park District, 2003 ND 4, 655 N.W.2d 411, a child was hurt in a bicycle accident during a park district after-school program, and his mother sued for negligent supervision. The court said "the law does not favor contracts exonerating parties from liability," but "the parties are bound by clear and unambiguous language evidencing an intent to extinguish liability." It held the agreement the mother signed "clearly and unambiguously exonerates the Park District" for injuries allegedly caused by its negligence, and affirmed summary judgment.
Fraud, Willful Injury and Violations of Law
N.D.C.C. 9-08-02 says: "All contracts which have for their object, directly or indirectly, the exempting of anyone from responsibility for that person's own fraud or willful injury to the person or property of another, or violation of law, whether willful or negligent, are against the policy of the law." The Kondrad court described this as preventing a party from "contractually exonerating itself from liability for willful acts." A release can address ordinary negligence, not willful injury or fraud.
The statute also mentions a "violation of law, whether willful or negligent." We did not find a North Dakota decision applying that clause to a recreation release, but it could matter if a claim is based on breaking a safety law.
Waivers for Minors in North Dakota
Kondrad is the closest North Dakota case. The release signed by the mother waived "all claims that I, my insurer, or my child/ward may have against the Park District," and the court enforced it against the child's claim. The court did not decide whether a parent has the authority to release a child's future claims, because no one argued that issue, and the case involved a public park district program, not a commercial business. So the question is open, though in the closest North Dakota case the court enforced the parent's release as written.
North Dakota Activity Laws
Chapter 53-10 of the Century Code limits the liability of equine activity sponsors and professionals for injuries to participants. The protection does not apply in several situations, including when the operator provided equipment or tack that caused the injury, failed to make reasonable efforts to match the rider and the horse, acted with "willful or wanton disregard for the safety of the participant," or intentionally caused the injury. It also does not cover injuries from a dangerous latent condition on land or a facility the operator controls if the operator knew or should have known of it and "a warning sign has not been conspicuously posted."
More Than a Release
A signed North Dakota agreement also does work beyond the release:
- A record of the risks. The Reed entry form had the runner accept the event "at my own risk." A signed description of your activity's risks and rules, with an acknowledgment of each, is evidence of what each guest was told. How much it matters depends on the facts.
- Parent consent. For youth programs, the parent's form records permission to participate, pickup authorization and the rules the family accepted, and Kondrad shows the court enforcing a clear parental release when it went unchallenged.
- Rider ability. The equine statute expects reasonable efforts to match rider and horse, so honest answers about experience are worth collecting.
- Medical information and consent. Health conditions, emergency contacts 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 North Dakota attorney:
- Clear and unambiguous release language. Both Reed and Kondrad turned on it.
- How the release is tied to the activity, such as participation in the race in Reed.
- The limits in N.D.C.C. 9-08-02, including the "violation of law" clause.
- Consideration and voluntariness. In Reed, the court found the runner gave up his right to sue in exchange for permission to run, and the race sponsor did not compel him to sign.
- How the agreement handles children, since the parent's authority question is open.
How WaiverFile Helps North Dakota 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.
- Acknowledgments where you want them. Initial boxes inside the agreement text and required checkboxes for the rules, risks 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 experience, health conditions and emergency contacts, and signers can upload documents. 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 for events and rural locations. 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