Are Online Waivers Legal in Rhode Island?

Rhode Island businesses that run boat clubs, riding stables, gyms, camps, skate parks or tours often ask whether a signed waiver will actually protect them. Rhode Island has less case law on recreational waivers than most states, so this guide sticks to what the statutes and cases show: electronic signatures, the strict way Rhode Island courts read release language, what a signed agreement does beyond a release, and the questions Rhode Island courts haven't answered yet.

This guide is general information about Rhode Island 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 Rhode Island at a Glance

Are Electronic Signatures Legal in Rhode Island?

Yes. Rhode Island adopted the Uniform Electronic Transactions Act in 2000, at R.I. Gen. Laws chapter 42-127.1. Section 42-127.1-7 says a record or signature may not be denied legal effect solely because it is electronic, and that an electronic signature satisfies a law requiring a signature. The federal ESIGN Act (15 U.S.C. 7001) gives the same protection in interstate commerce. A waiver signed on a phone, tablet or computer is treated as signed.

Are Liability Waivers Enforceable in Rhode Island?

Rhode Island courts do not treat exculpatory clauses as automatically void, but they read them narrowly. In Corrente v. Conforti & Eisele Co., 468 A.2d 920 (R.I. 1983), the Rhode Island Supreme Court enforced a construction contract clause that expressly covered claims caused by the contractor's own negligence, stressing that the businesses dealt at arm's length. In Dower v. Dower's Inc., 100 R.I. 510, 217 A.2d 437 (1966), it refused to enforce lease language because it was "general, rather than specific," and did not "unequivocally and explicitly" cover the landlord's own negligence. The court noted it was not holding such clauses against public policy.

Rhode Island trial courts apply the same approach. In Lasky v. MSI Boat Club, LLC (R.I. Super. 2022), the court confirmed an arbitration award enforcing a boat club's membership release; the arbitrator had examined the release's wording, capitalization and underlining, and the time the member had to review it, against the Dower standard. A release can still fail if it doesn't clearly address negligence: in Brown v. Wakefield Fitness Center, Inc. (R.I. Super. 1994), a gym release that spoke to the consequences of the member disregarding the center's rules did not bar his negligence claim, because such clauses are strictly construed against the party seeking protection.

Consumer product settings are less friendly. In Ruzzo v. LaRose Enterprises, 748 A.2d 261 (R.I. 2000), a customer was shocked by a rented power drain snake. Even though he had signed a rental form releasing the company "whether or not" it was negligent, the court held that manufacturers, sellers or lessors who put a defective product into the stream of commerce cannot disclaim liability for personal injuries caused by their own negligence. That holding concerned products, not recreational services.

We did not find a Rhode Island Supreme Court decision deciding whether a signed release bars a negligence claim by a participant in a recreational activity, so no one can say with confidence how that court would rule.

Gross Negligence and Intentional Harm

The Rhode Island Supreme Court has not squarely addressed releases of gross negligence or recklessness in a case we found. In Kramer v. HTX Helicopters, LLC (R.I. Super. 2023), a lease clause that clearly covered the airport corporation's own negligence did not bar claims for intentional torts because it did not explicitly mention them, reflecting the same strict reading.

More Than a Release

Because the release question is thin in Rhode Island, the other things a signed agreement does carry real weight:

• A record of what each guest knew. In Kennedy v. Providence Hockey Club, Inc., 119 R.I. 70, 376 A.2d 329 (1977), the Rhode Island Supreme Court held that the comparative negligence statute does not diminish assumption of the risk as a defense, and it applies a subjective standard keyed to what the particular plaintiff "in fact sees, knows, understands and appreciates." A signed description of your activity's specific risks is evidence of what that guest was told. How much it matters depends on the facts.
• The equine warning. Every written contract an equine professional makes for services, instruction or rental must contain the statutory warning in clearly readable print (R.I. Gen. Laws 4-21-4).
• Rules, medical information and consent. The form records the rules each guest accepted, health conditions, emergency contacts and, for families, a parent's consent to the child's participation.

Waivers for Minors in Rhode Island

We found no Rhode Island appellate decision on whether a parent can waive a child's claims before an injury. Courts in many states refuse to enforce such waivers against the child, while the signing parent's own claims are often treated differently. Until Rhode Island courts decide the question, plan on a parent's signature possibly not barring the child's own claim.

Rhode Island Activity Laws

Rhode Island's equine law (R.I. Gen. Laws 4-21-2) says equine activity sponsors and professionals are not liable for injuries from the inherent risks of equine activities unless they are shown to have failed to exercise due care under the circumstances. Section 4-21-4 requires equine professionals to post a warning sign, in black letters at least one inch high, near the activity, and to include the same warning in written contracts as described above. Chapter 41-8 sets duties for ski area operators (for example, marking maintenance equipment) and for skiers, who must ski within their ability.

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. Because Rhode Island law here is thin, a local attorney's review is especially worthwhile. Based on the cases above, these are points worth raising:

• Since Dower, general catch-all wording has not been enough to cover a party's own negligence; the clause enforced in Corrente said so expressly.
• The court in Kramer would not stretch a clause to cover claims it did not name.
• In Lasky, the review focused on the wording, capitalization and underlining, and the time given to read the agreement.
• In Brown, a release aimed at rule violations did not reach the gym's own negligence.
• Kennedy's subjective standard looks at what the particular guest knew, which makes it worth discussing how specifically your agreement describes the risks of your activity.

How WaiverFile Helps Rhode Island 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.
• 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.
• Time to read before arrival. Guests can sign ahead from their own phone or computer by email, text, QR code or your website, or on a tablet at the door. The Venue app works offline.
• 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.
• 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 capture health conditions and emergency contacts. HIPAA features add extra protection for health information.
• Records you can produce. Waivers are built into online booking, with each guest's status at check-in. 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

• R.I. Gen. Laws 42-127.1-7 (Rhode Island Uniform Electronic Transactions Act)
• 15 U.S.C. 7001 (federal ESIGN Act)
• Corrente v. Conforti & Eisele Co., 468 A.2d 920 (R.I. 1983)
• Dower v. Dower's Inc., 100 R.I. 510, 217 A.2d 437 (1966)
• Ruzzo v. LaRose Enterprises, 748 A.2d 261 (R.I. 2000)
• Lasky v. MSI Boat Club, LLC (R.I. Super. Ct. 2022)
• Brown v. Wakefield Fitness Center, Inc., No. 87-606 (R.I. Super. Ct. July 13, 1994)
• Kramer v. HTX Helicopters, LLC (R.I. Super. Ct. 2023)
• Kennedy v. Providence Hockey Club, Inc., 119 R.I. 70, 376 A.2d 329 (1977) (assumption of risk)
• R.I. Gen. Laws 4-21-2 (equine activities, general rule)
• R.I. Gen. Laws 4-21-4 (equine warning signs and contracts)
• R.I. Gen. Laws 41-8-2 (duties of skiers)

Published November 4, 2026