Are Online Waivers Legal in South Carolina?

From paintball fields and racetracks to horseback trail rides and farm attractions, South Carolina activity businesses rely on waivers every day. This guide covers what South Carolina law says about electronic signatures, how its courts have treated liability waivers, the other work a signed agreement does, what is still open for children, and the activity laws that require specific warning language in your contracts.

This guide is general information about South Carolina 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 South Carolina at a Glance

Are Electronic Signatures Legal in South Carolina?

Yes. South Carolina adopted the Uniform Electronic Transactions Act in Title 26, Chapter 6 of its Code. Section 26-6-70 says a record or signature must not be denied legal effect solely because it is electronic, a contract must not be denied effect because an electronic record was used to form it, and an electronic signature satisfies a law requiring a signature. The federal ESIGN Act (15 U.S.C. 7001) says the same for interstate commerce. A waiver signed on a phone, computer or tablet is treated as signed.

Are Liability Waivers Enforceable in South Carolina?

Often, yes, when they are clear. In Huckaby v. Confederate Motor Speedway, Inc., 276 S.C. 629, 281 S.E.2d 223 (1981), a driver who raced often at the track signed a "waiver and release" form on entering the speedway and was hurt that evening when his car hit a guardrail. The South Carolina Supreme Court held his negligence claim was barred, quoting the view that if voluntary agreements like this were not upheld, "no one would be willing to undertake to sponsor a sporting event." In Maybank v. BB&T Corp., 416 S.C. 541, 787 S.E.2d 498 (2016), the court repeated that it has generally upheld exculpatory clauses, citing Huckaby and McCune.

At the same time, the courts are strict. Since Pride v. Southern Bell Telephone & Telegraph Co., 244 S.C. 615, 138 S.E.2d 155 (1964), they have said these clauses "tend to induce a want of care," are not favored, and are strictly construed against the party relying on them. A clause will not be read to cover a party's own negligence without explicit language clearly showing that intent. Maybank adds that a court may refuse to enforce a clause that violates public policy or is unconscionable.

Two Court of Appeals decisions show both sides:

• Upheld: In McCune v. Myrtle Beach Indoor Shooting Range, Inc., 364 S.C. 242, 612 S.E.2d 462 (Ct. App. 2005), a paintball player lost sight in one eye when a loose rental mask lifted. Her signed release covered injuries "whether caused by the negligence of the releasees or otherwise," except gross negligence and wanton misconduct. The court held the release was voluntary, unambiguous and not against public policy, because paintball is a voluntary activity.
• Not upheld: In Fisher v. Stevens, 355 S.C. 290, 584 S.E.2d 149 (Ct. App. 2003), a wrecker crew member at a speedway fell from a truck. His release named "vehicle owners" and "drivers," which the court read as racing terms of art that did not include the wrecker's owner and driver. A clause releasing "any persons in any restricted area" was so broad that it was void as against public policy.

Gross Negligence and Intentional Harm

We did not find a South Carolina appellate decision squarely holding whether a release can cover gross negligence. In McCune, the court stressed that the release did not bar a gross negligence claim and said its ruling should not be read as leaving injured participants with no claim at all in dangerous recreational activities, citing other states that refuse to enforce releases of gross negligence.

More Than a Release

A signed South Carolina agreement does other work too:

• A record of the risks. In Davenport v. Cotton Hope Plantation, 333 S.C. 71, 508 S.E.2d 565 (1998), the South Carolina Supreme Court held that a plaintiff who knowingly encounters a risk created by the defendant's negligence is not barred from recovery unless the fault arising from that choice is greater than the defendant's negligence. The court described express assumption of risk, an advance agreement like the one in Huckaby, and primary implied assumption of risk as compatible with comparative negligence. A signed description of your activity's risks is evidence of what each guest was told; how much it matters depends on the facts.
• Statutory warnings. The equine and agritourism laws below require their warning in written contracts, so the signed agreement is part of how those businesses keep the statutes' protection.
• 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 South Carolina

We found no South Carolina appellate decision on whether a parent can release a child's injury claims before an accident. Courts in many other states refuse to enforce these against the child, while sometimes holding the signing parent to their own release. Until South Carolina courts decide the question, plan on a parent's signature protecting you mainly against the parent's own claims.

South Carolina Activity Laws

• Equine activities (S.C. Code 47-9-710 to -730). Sponsors and professionals are not liable for injuries from the inherent risks of equine activity, with exceptions for faulty tack they provided, failing to assess a rider's ability, known dangerous conditions, willful or wanton conduct and intentional injury. Section 47-9-730 requires posted signs with a set warning in black letters at least one inch high, and the same warning in written contracts. Without them, the immunity isn't available.
• Agritourism (S.C. Code 46-53-10 to -50). Section 46-53-50 requires at least one sign with a set warning, and written contracts with participants must include the warning in clearly legible boldface, twelve-point type. Failing to comply prevents the business from using the statute's assumption-of-risk defense and immunity.

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 South Carolina reads releases strictly, these points from the cases and statutes above are worth raising:

• The release upheld in McCune said "whether caused by the negligence of the releasees or otherwise."
• The court in Fisher faulted a release whose terms of art didn't cover the people the business meant to protect, and held a catch-all clause void as overbroad.
• Courts pointed to the optional nature of racing and paintball.
• The McCune court noted that the release left gross negligence claims open.
• For equine and agritourism businesses, the exact statutory warning in the required format belongs in the written contract.

How WaiverFile Helps South Carolina 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. Use unlimited forms for different activities.
• 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.
• 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 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. 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

• S.C. Code Title 26, Chapter 6 (South Carolina Uniform Electronic Transactions Act; see 26-6-70)
• 15 U.S.C. 7001 (federal ESIGN Act)
• Huckaby v. Confederate Motor Speedway, Inc., 276 S.C. 629, 281 S.E.2d 223 (1981)
• McCune v. Myrtle Beach Indoor Shooting Range, Inc., 364 S.C. 242, 612 S.E.2d 462 (Ct. App. 2005)
• Fisher v. Stevens, 355 S.C. 290, 584 S.E.2d 149 (Ct. App. 2003)
• Maybank v. BB&T Corp., 416 S.C. 541, 787 S.E.2d 498 (2016)
• Davenport v. Cotton Hope Plantation Horizontal Property Regime, 333 S.C. 71, 508 S.E.2d 565 (1998) (assumption of risk)
• S.C. Code 47-9-710 to -730 (equine liability immunity and warnings)
• S.C. Code 46-53-10 to -50 (agritourism liability and warnings)

Published November 4, 2026