Are Online Waivers Legal in South Dakota?

Racetracks, hunting outfitters, riding stables, farm attractions, gyms and event organizers across South Dakota use waivers, and many wonder whether they actually hold up. This guide covers what South Dakota law says about electronic signatures, how the South Dakota Supreme Court has treated releases, the other work a signed agreement does, what is still open for children, and two activity laws with sign and contract requirements.

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

Are Electronic Signatures Legal in South Dakota?

Yes. In 2000 South Dakota enacted the Uniform Electronic Transactions Act provisions now found in SDCL chapter 53-12. SDCL 53-12-13 says no record or signature may be denied legal effect solely because it is electronic, 53-12-14 says the same for contracts formed with electronic records, and 53-12-16 says an electronic signature satisfies a law requiring a signature. The chapter applies to transactions where the parties have agreed to deal electronically, which can be shown by their conduct (53-12-8), such as a customer choosing to sign online. The federal ESIGN Act (15 U.S.C. 7001) adds the same rule for interstate commerce.

Are Liability Waivers Enforceable in South Dakota?

Generally yes. In Holzer v. Dakota Speedway, Inc., 2000 SD 65, 610 N.W.2d 787, a volunteer pit crew member was struck by a wheel that came off a race car. He had signed the track's pre-race release. The South Dakota Supreme Court affirmed summary judgment for the speedway and its insurer, holding:

• No public policy bar for voluntary recreation. Holzer was not compelled to be in the pit area and could have watched from the grandstand. The public interest that can void a release usually involves essential services such as public utilities, common carriers, hospitals or employment, not optional recreation.
• The release was clear and knowing. The release had a clear and unambiguous statement immediately before the signature line, and the accident was within its scope.
• Racing releases are typical. The court followed its earlier decision in Lee v. Beauchene, 337 N.W.2d 827 (S.D. 1983), which enforced a release signed by a stock car driver.

A release can still fail on presentation or scope. In Johnson v. Rapid City Softball Ass'n, 514 N.W.2d 693 (S.D. 1994), a player signed a team roster with release language printed at the bottom, below all the signatures, and the coach told players it was the roster they needed to sign. The court said a release must be fairly and knowingly made and reversed summary judgment, because whether she knew she was signing a release was a question of fact. In Wimmer v. Top Gun Guide Service, 421 F. Supp. 3d 849 (D.S.D. 2019), a federal court applying South Dakota law held that a duck hunting release did not cover a hunter struck by a guide's ATV while setting up decoys before legal shooting hours, because that injury was outside the activity and risks the release contemplated.

Gross Negligence and Intentional Harm

Holzer, quoting Lee, says releases construed to cover willful negligence or intentional torts are not valid and are against public policy. South Dakota treats gross, willful, wanton or reckless conduct as acting with a conscious realization that injury is probable, not merely possible. SDCL 53-9-3 also declares contracts exempting anyone from responsibility for their own fraud, willful injury to another, or violation of law against public policy. In Holzer, the release still applied because there was no evidence of willful, wanton or reckless conduct.

More Than a Release

A signed South Dakota agreement does other work too:

• Agritourism protection. SDCL 20-9-16.1, added in 2022, says the exception in SDCL 20-9-16(2) for owners who charge a fee doesn't apply to injuries resulting from the inherent risks of an agritourism activity. That lets a fee-charging owner keep the chapter's landowner liability limits for those risks, but only if the owner posts the statutory warning at or near the entrance and includes the same warning in a written contract with the paying participant.
• The equine warning. SDCL 42-11-5 requires the equine warning in written contracts for services, instruction or rental of tack or horses.
• A record of the risks. A signed description of your activity's risks and rules is evidence of what each guest was told before taking part. How much it matters depends on the facts.
• Medical information and consent. The form is where you collect health conditions, emergency contacts and, for families, a parent's consent to the child's participation.

Waivers for Minors in South Dakota

We found no South Dakota appellate decision on whether a parent can release a child's injury claims before an accident, or a statute addressing it. Courts in many other states refuse to enforce such waivers against the child, though some hold the signing parent to their own release. Until South Dakota decides the question, plan on a parent's signature protecting you mainly against the parent's own claims.

South Dakota Activity Laws

• Equine activities (SDCL chapter 42-11). Under SDCL 42-11-2, equine activity sponsors, equine professionals and others are not liable for injuries resulting from the inherent risks of equine activities. SDCL 42-11-3 lists exceptions, such as providing faulty tack or failing to assess a rider's ability. SDCL 42-11-5 requires each equine professional to post a warning sign with set language, in black letters at least one inch high, near stables, corrals, race tracks or arenas, and to include the warning in written contracts. The South Dakota Supreme Court noted in Holzer that this law reflects a legislative direction toward limited liability for inherently dangerous sports.
• Agritourism (SDCL 20-9-16.1). The warning begins "WARNING-Under South Dakota law, an owner of property, including lands and waters, who charges individuals an admission price or fee to participate in an agritourism activity..." and explains the inherent risks the participant assumes, including the participant's own negligence.

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 when preparing a South Dakota agreement:

• The court in Johnson faulted release language tucked into a roster, below the signatures.
• A clear statement right above the signature was decisive in Holzer and missing in Johnson.
• A dissent in Holzer criticized a single multi-signature sheet in small print and suggested individual releases would be more meaningful.
• In Holzer, the accident was "clearly contemplated by" the release; in Wimmer, it wasn't.
• For equine and agritourism businesses, the statutory warning belongs in the written contract.

How WaiverFile Helps South 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:

• One signer, one form. Each person signs their own waiver instead of a shared sheet, with the agreement text you and your attorney prepared, laid out with the editor's formatting options (bold, capitals, font size).
• 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 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 rural venues. Waivers are built into online booking, so you see each guest's status at check-in.
• Records you can produce. Optional email copy to each customer, searchable records instead of boxes of paper, and bulk download 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

• SDCL 53-12-16 (electronic signature satisfies signature requirement)
• SDCL 53-12-13 (electronic records and signatures not denied legal effect)
• 15 U.S.C. 7001 (federal ESIGN Act)
• Holzer v. Dakota Speedway, Inc., 2000 SD 65, 610 N.W.2d 787
• Lee v. Beauchene, 337 N.W.2d 827 (S.D. 1983)
• Johnson v. Rapid City Softball Ass'n, 514 N.W.2d 693 (S.D. 1994)
• Recreation Law, discussion of Wimmer v. Top Gun Guide Service, 421 F. Supp. 3d 849 (D.S.D. 2019)
• SDCL 53-9-3 (contracts against public policy)
• SDCL 42-11-2 (equine activities)
• SDCL 42-11-5 (equine warning signs and contracts)
• SDCL 20-9-16.1 (agritourism warning signs and contracts, SL 2022, ch 57)

Published November 4, 2026