Are Online Waivers Legal in Quebec?

Quebec's Civil Code doesn't let anyone exclude or limit liability for bodily or moral injury, so in Quebec a waiver isn't a way to rule out injury claims, for adults or children. A signed participant agreement still does important work for Quebec trampoline parks, climbing gyms, tour operators, camps, gyms and rentals. Quebec operators are judged on whether they were at fault, and courts look closely at whether the risks were disclosed and the activity was run safely. The signed agreement is evidence of what each participant was told, it can bear on the participant's own share of fault, it's how participants accept your rules, and it collects the health and consent information you need. This guide covers each of these, how Quebec treats injury releases, and the French-language rules that apply to the form itself.

This guide is general information about Quebec law, with links to the laws and cases, so you and your lawyer can look into anything that applies to your business.

What a Signed Waiver Does in Quebec

Are Electronic Signatures Legal in Quebec?

Yes. Quebec's Act to establish a legal framework for information technology says any medium may be used unless the law requires a specific one (s. 2), and that a document's legal value is neither increased nor diminished solely because of the medium chosen, as long as its integrity is ensured (s. 5). Under s. 39, a signature can be affixed by any process that meets article 2827 of the Civil Code: "the affixing by a person, to a writing, of his name or a mark distinctive to him which he regularly uses to signify his consent." A signature on a technology-based document can be set up against the signer if the integrity of the document is ensured and the link between the signature and the document was established when signing and maintained since. A form signed on a phone, computer or tablet counts as signed.

What a Signed Waiver Does for Quebec Businesses

It Records That the Risks Were Disclosed

In recent decisions, Quebec courts have described an operator's duty of safety as an obligation of means, not of result: the operator must act reasonably, not prevent every accident, and participants accept the normal, foreseeable risks of the activity. A December 2022 bulletin from the Quebec firm Robinson Sheppard Shapiro summarizes two Superior Court decisions that show how this works:

• Lalancette c. F3 Sports (Québec inc.), 2022 QCCS 3997: a 23-year-old fractured his tibia jumping from a podium onto a trampoline into foam cubes. The facility had shown safety videos throughout its operations, and he had signed a release acknowledging the activities could cause severe injuries or death. The claim was dismissed: the court found no fault, and the injury came from an inherent risk that had been disclosed to him.
• Climo c. ASN Canada FIA, 2022 QCCS 3538: an 18-year-old kart racer was badly hurt when his kart hit hay bales that lacked the plastic wrapping the regulations required. The defendants were held liable, because the acceptance of risk extends only to the normal risk reasonably foreseeable in the circumstances, and this was an abnormal one.

The signed document in Lalancette didn't work as a waiver. It was evidence that the risks had been explained, and the outcome turned on whether the operator ran its activity safely. How much a signed acknowledgment matters in a given case depends on the facts.

It Can Bear on the Participant's Own Fault

Article 1477 of the Civil Code says a victim's assumption of risk "does not entail renunciation of his remedy," but it also recognizes that accepting a risk "may be considered imprudent having regard to the circumstances." Under article 1478, liability is shared in proportion to the seriousness of each person's fault, and "the victim is included in the apportionment when the injury is partly the effect of his own fault." A signed record of your safety rules and instructions is evidence of what the participant was asked to do, which matters if they ignored it.

It Brings Your Rules to the Participant's Attention

Your agreement is where participants accept the rules that keep everyone safe: age and height limits, required gear, following staff instructions. Waiver forms are usually contracts of adhesion, and the Civil Code sets rules for them: an external clause referred to but not shown is null unless it was expressly brought to the participant's attention (art. 1435), and a clause that is illegible or incomprehensible to a reasonable person can be null (art. 1436). Showing the rules in the form itself, with an acknowledgment of each, is a record that they were brought to the participant's attention.

It Collects Medical Information and Consent

A signed form is where you collect health conditions, allergies, emergency contacts, consent to emergency treatment, pickup authorization and photo consent, before anyone takes part. The age of majority in Quebec is 18 (art. 153), so for younger participants the parent's form is the record that a parent or guardian consented and was told the risks and rules.

How Quebec Treats Injury Releases

Article 1474 of the Civil Code sets the rule. A person "may not in any way exclude or limit his liability for bodily or moral injury caused to another," and may not exclude or limit liability for material (property) injury caused through intentional or gross fault. Because the article bars the clause itself, careful wording doesn't change the result, and the article makes no exception for a parent signing for a child. Article 1477 adds that a victim's assumption of risk doesn't waive their remedy.

For consumers, the Consumer Protection Act goes further. Section 10 prohibits "any stipulation whereby a merchant is liberated from the consequences of his own act or the act of his representative," and s. 261 says no one can contract out of the Act. For most activity businesses, that also rules out limiting liability to customers for property damage. Section 11.1 prohibits clauses that oblige a consumer to arbitrate or bar class actions, so the arbitration clauses some U.S. businesses use don't carry over to Quebec consumers. Abusive clauses in consumer contracts and contracts of adhesion can be annulled or reduced (art. 1437).

That's why Quebec agreements focus on disclosing risks, rules, health information and consent, rather than a release of injury claims. A waiver template written for another province or state isn't a good fit as is, and it's worth having a Quebec lawyer adapt your agreement.

French-Language and Online Booking Rules

• French first. Section 55 of the Charter of the French Language, as amended by Bill 96 (2022, c. 14), says contracts of adhesion and related documents must be drawn up in French. Since June 1, 2023, the parties can be bound by a version in another language only if the French version was given to the customer first and the customer expressly chose the other language, and you can't charge for the French version. The rule doesn't apply to a contract used in relations with persons outside Quebec. Under s. 204.18, contract provisions that contravene the Charter and cause injury may be annulled on the application of the injured person.
• Online sales. If customers book online, the booking may be a distance contract under the Consumer Protection Act (s. 54.1), and s. 54.7 requires the merchant to send the consumer a copy of the contract within 15 days in a form that can easily be kept and printed.

Points to Raise With Your Lawyer

WaiverFile doesn't draft waivers, and the wording of your agreement is a job for you and your lawyer. Based on the laws and cases above, these are points worth raising when preparing a Quebec agreement:

• A plain description of the activity's normal risks, so the participant's informed acceptance of them is on record.
• Your rules and safety instructions shown in the form itself, not just referred to, with an acknowledgment of each (arts. 1435, 1436).
• A French version presented first, and an express choice by the customer if they want English.
• Any charge for lost or damaged equipment. The Consumer Protection Act requires costs to be precisely indicated in the contract (s. 12) and prohibits stipulated fixed penalties (s. 13).
• Evidence beyond the form that safety measures were in place: briefings, videos, supervision, equipment checks. In Climo, the problem was an abnormal risk, not the paperwork.
• A clear record of who signed, when, and which version and language of the form they saw.

How WaiverFile Helps Quebec Businesses

Once your agreement is written, WaiverFile makes it easy for every participant to sign it and keeps a complete, easy-to-find record of each one:

• French and English forms. WaiverFile supports multiple languages, so you can offer your French agreement alongside an English version.
• Your agreement, laid out your way. Add the agreement text you and your lawyer prepared, and use the editor's formatting options (bold, capitals, font size) to lay it out the way it was written. The wording and format are up to you.
• A checkbox or initials where you want them. Add initial boxes inside the agreement text and required checkboxes for the risks and rules 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.
• Health questions and consent. Required questions capture health conditions and emergency contacts before participants arrive. HIPAA features add extra encryption, staff access controls and a log of who viewed health information.
• Copies for participants. Email each participant a copy of the signed form, or print it.
• Families on one form. A parent adds each child by name and date of birth, and minors are flagged at check-in.
• Sign anywhere. Participants sign ahead by email, text, QR code or your website, or on a tablet at the door. 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, adapt it for Quebec with your lawyer, and set up a free account to start collecting signatures.

Sources and Further Reading

• Act to establish a legal framework for information technology, CQLR c C-1.1, ss. 2, 5, 39
• Civil Code of Québec, arts. 153, 1435-1437, 1474, 1477, 1478, 2827
• Consumer Protection Act, CQLR c P-40.1, ss. 10, 11.1, 12, 13, 54.1, 54.7, 261
• Charter of the French Language, CQLR c C-11, ss. 55, 204.18
• Gowling WLG, "Bill 96's 'French First' Rule Takes Effect" (2023)
• Robinson Sheppard Shapiro, "Assumption of Risks in Sports: Two Recent Superior Court Decisions" (2022), summarizing Lalancette c. F3 Sports, 2022 QCCS 3997, and Climo c. ASN Canada FIA, 2022 QCCS 3538

Published November 4, 2026