Are Online Waivers Legal in Oregon?

Oregon's waiver law changed in 2026. A new statute, Senate Bill 1517, lets recreation, sport and fitness operators require a clear written release of ordinary negligence, after more than a decade in which the 2014 Bagley v. Mt. Bachelor decision made broad releases hard to enforce. This guide covers electronic signatures in Oregon, what the new law allows and excludes, what it means for children, the other work a signed agreement does, and how Bagley still applies to older claims.

This guide is general information about Oregon 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 Oregon at a Glance

Are Electronic Signatures Legal in Oregon?

Yes. Oregon adopted the Uniform Electronic Transactions Act in ORS chapter 84. ORS 84.019 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) says the same for interstate commerce. SB 1517 calls for a "written release" that the signer "voluntarily signs," and ORS 84.019 says an electronic record satisfies a law requiring a writing and an electronic signature satisfies a law requiring a signature.

Are Liability Waivers Enforceable in Oregon?

Senate Bill 1517 (2026)

SB 1517 received final legislative approval in March 2026. Governor Kotek signed it on April 7, 2026, and because it carried an emergency clause it took effect that day as Oregon Laws 2026, chapter 132. In the sources we checked it had not yet been given an ORS section number, so it is cited by chapter. Its key points, from the enrolled text:

• Who is covered. An "operator" that offers, or provides a facility for, a "sport, fitness or recreational activity," defined broadly as an indoor or outdoor activity with elements of inherent risk. The list includes hunting, fishing, swimming, boating, rafting, biking, camping, skiing, climbing, equestrian and rodeo activities, hiking, team and individual sports, outfitter guiding, ocean and water sports, motorized recreation, athletic or fitness competitions, fitness activities and training.
• What a release can do. The operator may require the participant (or a parent or guardian for a minor) to release claims for injuries from ordinary negligence arising out of the activity, or out of volunteering to maintain the facilities, if the signer voluntarily signs a clear and unambiguous written release that discloses the risks and waives liability for injuries from those risks.
• Overbroad releases. A release broader than the statute allows is read down to those limits rather than thrown out.
• Inherent risk. Whether a risk is inherent to the activity is a question of law for the judge.
• What it cannot release. Gross negligence, reckless conduct, willful misconduct and intentional torts; negligence per se; claims about maintenance or inspection of safety equipment the operator supplies; negligent safety-related training of staff; abuse or assault; negligent hiring, training or supervision where the employee's conduct was gross negligence or worse; and claims involving vehicles (cars, buses, vans, snowmobiles, snow cats, ATVs and side-by-sides, including transport to the activity), unless the participant uses the vehicle as part of the activity itself.
• Timing. The law applies to releases signed before, on or after April 7, 2026, but only for claims that arise on or after that date.

The law is new, and we found no Oregon appellate decision interpreting it yet. How courts read "clear and unambiguous" and "disclosing risks" will matter.

Bagley v. Mt. Bachelor (2014), for Older Claims

In Bagley v. Mt. Bachelor, Inc., 356 Or 543, 340 P.3d 27 (2014), a season-pass holder was paralyzed on a terrain park jump. He had signed a release covering all claims except intentional acts. The Oregon Supreme Court held that enforcing it would be unconscionable, weighing the whole transaction:

• Procedural factors. The release was a take-it-or-leave-it condition of entry for a consumer, with no way to negotiate or pay more for protection, and similar releases were used across Oregon's limited number of ski areas.
• Substantive factors. The resort, not its patrons, had the expertise and opportunity to control the hazards and could spread the cost of insurance; it served large numbers of the public; and the injury was serious. The court also pointed to the public policy behind the skier statutes and premises liability.

The court said releases are "not favorites of the courts but neither are they automatically voided." In practice, its factors made broad recreational releases difficult to enforce, which is what SB 1517 responded to. Bagley still governs claims that arose before April 7, 2026.

Waivers for Minors in Oregon

Before 2026, Oregon had no clear rule on whether a parent could release a child's claims. SB 1517 answers it for covered activities: an operator may require "a parent or guardian on behalf of a participant ... who is under 18 years of age" to sign the release, on the same terms and with the same exceptions as an adult release.

More Than a Release

A signed Oregon agreement does other work too:

• Equine releases. Oregon's equine law (ORS 30.691) limits liability for inherent risks, but ORS 30.693 removes that protection if a sponsor or professional failed to make reasonable efforts to judge a rider's ability. Under ORS 30.693(2), the protection still applies to an adult participant in that situation if the adult knowingly signs a release before riding, training, driving, grooming or riding as a passenger.
• Agritourism notices. ORS 30.673 limits an agri-tourism professional's liability for inherent risks only if it gives the notice required by ORS 30.677: on signs at the entrance and activity locations, and in every written contract with a participant.
• A record of the risks. SB 1517 itself turns on a release "disclosing risks." A signed description of your activity's risks and rules is evidence of what each guest was told; how much it matters depends on the facts.
• Medical information and consent. The form is where you collect health conditions, emergency contacts and parent consent before anyone takes part.

Oregon Activity Laws

Oregon's skier statutes, ORS 30.970 to 30.990, provide that a skier accepts the inherent risks of skiing that are reasonably obvious, expected or necessary (ORS 30.975). SB 1517 says it does not limit or modify those sections. The equine and agritourism laws above each have their own exceptions; ORS 30.693, for example, also removes equine protection where the sponsor provided equipment or tack without a reasonable and prudent inspection and that caused the injury, and for known latent dangers without conspicuous warning signs.

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 and cases above, these are points worth raising when preparing an Oregon release:

• SB 1517 requires a "clear and unambiguous" written release.
• The release must disclose the risks of the activity and waive liability for injuries from those risks, so the description of your activity's actual hazards matters.
• The signer must sign voluntarily, and a record of who signed, when and which version they saw is part of the picture.
• A release broader than the statute is read down to its limits, and some claims can't be released at all.
• For claims before April 7, 2026, the Bagley factors (adhesion, bargaining power, who controls the risk and the public's interest in safety) still apply.

How WaiverFile Helps Oregon 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. Unlimited forms make it simple to roll out an updated version.
• 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 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.
• Parents and kids 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 capture 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 at the door, and the Venue app works offline at remote sites. 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, review it with your attorney, and set up a free account to start collecting signatures.

Sources and Further Reading

• ORS 84.019 (Oregon Uniform Electronic Transactions Act)
• 15 U.S.C. 7001 (federal ESIGN Act)
• Senate Bill 1517 (2026), enrolled text
• SB 1517 measure history (Oregon Laws 2026, chapter 132)
• Bagley v. Mt. Bachelor, Inc., 356 Or 543, 340 P.3d 27 (2014)
• ORS 30.691 (equine activities, limits on liability)
• ORS 30.693 (equine exceptions and adult release)
• ORS 30.673 (agri-tourism, limits on liability)
• ORS 30.677 (agri-tourism notice on signs and in contracts)
• ORS 30.975 (skiers assume inherent risks)
• OPB, "Bill would make liability waivers more enforceable in Oregon" (2025), background on the debate

Published November 4, 2026