Are Online Waivers Legal in Tennessee?

If you run a trampoline park in Nashville, a climbing gym in Chattanooga or a rafting outfit on the Ocoee, you have probably heard that waivers "don't hold up anyway." In Tennessee that isn't right: courts can and do enforce clear releases, and they have shown what a well-built agreement looks like. This guide covers whether online waivers count as signed, how Tennessee courts decide whether to enforce a release, what changes when the participant is a child, and what else a signed agreement does for you.

This guide is general information about Tennessee 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 Tennessee at a Glance

Are Electronic Signatures Legal in Tennessee?

Yes. Tennessee adopted the Uniform Electronic Transactions Act at Tenn. Code Ann. 47-10-101 et seq. Section 47-10-107 says a record or signature "may not be denied legal effect or enforceability solely because it is in electronic form," and that if a law requires a signature, an electronic signature satisfies it. The federal ESIGN Act (15 U.S.C. 7001) says the same for transactions in interstate commerce. A waiver signed on a phone, computer or tablet is a signed waiver. Whether its terms are enforceable is a separate question, covered next.

Are Liability Waivers Enforceable in Tennessee?

Tennessee courts can and do enforce pre-injury releases of ordinary negligence, and they look closely at the agreement. The leading case is Copeland v. HealthSouth/Methodist Rehabilitation Hospital, LP, 565 S.W.3d 260 (Tenn. 2018). A patient signed a release before a medical transport company drove him to an appointment, and he was hurt getting into the van. The Tennessee Supreme Court held that release unenforceable and used the case to restate the test for all exculpatory agreements.

Under Copeland, courts consider the totality of the circumstances and weigh three non-exclusive factors:

1. Relative bargaining power of the parties. Did the signer have a real choice, or was the service something they needed?
2. Clarity of the language. The court said the language should be "clear, unambiguous, and unmistakable" about what the signer is giving up, so that an ordinary person knows what they are contracting away. It also criticized language so broad that it would release a business from liability "for any injury for any reason."
3. Public policy and public interest. Some services matter enough to the public that courts will not let providers contract out of liability.

Copeland involved medical transportation, which weighed heavily against enforcement. Recreational and fitness settings are usually a different picture. In Torres v. YMCA Foundation of Middle Tennessee (No. M2024-00720-COA-R3-CV), a memorandum opinion, the Court of Appeals enforced a gym membership waiver under the Copeland factors. According to a law firm summary of the decision, the court found the waiver clearly labeled, prominently placed and written in understandable terms, and held that "facilities" covered the shower and locker areas where the member was hurt.

Gross Negligence, Recklessness and Intentional Harm

Copeland is direct on this point: a party "may not, for public policy reasons, exempt itself from liability for gross negligence, reckless conduct, or intentional wrongdoing." A waiver can only reach ordinary negligence. In Torres, the court noted that a gross negligence theory raised for the first time in response to summary judgment, rather than in the complaint, was not enough to get around the waiver.

Waivers for Minors in Tennessee

In Childress v. Madison County, 777 S.W.2d 1 (Tenn. Ct. App. 1989), the Court of Appeals held that a parent cannot release a child's claims against a third party. Nearly 30 years later, a trampoline park asked the court to change that rule. In Blackwell v. Sky High Sports Nashville Operations, LLC, 523 S.W.3d 624 (Tenn. Ct. App. 2017), a mother signed a "Customer Release of Liability and Assumption of Risk" before her son played trampoline dodgeball. The court followed Childress and held that a parent may not waive liability on behalf of a minor, so the son's claim could go forward. The Tennessee Supreme Court itself has not ruled on the question.

Blackwell also shows that a parent's signature still matters for the parent's own claims. The mother dismissed her individual claims after the trial court indicated they were barred by the release, and the Court of Appeals limited the child to pre-majority medical expenses he paid or was legally obligated to pay. So the parent's release may cover the parent's own claims, including medical bills the parent pays, while the child keeps the right to sue for the child's own injuries.

Tennessee Activity Laws

• Equine activities. Equine professionals are not liable for injuries from the inherent risks of equine activities, with exceptions such as faulty tack, failing to assess a rider's ability, willful or wanton conduct and intentional harm (Tenn. Code Ann. 44-20-104). Section 44-20-105 requires posted signs and requires written contracts for services, instruction or rentals to include a specific warning that begins "Under Tennessee Law, an equine professional is not liable..." in clearly readable print.
• Agritourism. Agritourism professionals get limited liability for injuries resulting solely from the inherent risks of agritourism activities if the statutory warning is posted (Tenn. Code Ann. 43-39-102). The protection does not cover reckless disregard, gross negligence, willful or wanton misconduct, failure to disclose known dangers, inadequate employee training or intentional harm.

More Than a Release

A signed agreement does useful work in Tennessee beyond the release itself:

• A record of your warnings. A form that describes the activity's risks and your safety rules, with the guest's acknowledgment of each, is evidence of what they were told before they took part. How much it matters in a given case depends on the facts.
• The equine contract warning. If you use written contracts for riding instruction, services or rentals, section 44-20-105 requires the statutory warning in them, and a signed agreement is a natural place for it, with a copy for every rider.
• The parent's own claims. For minors, the parent's signature may cover the parent's own claims, as Blackwell suggests.
• Rules, medical information and consent. Guests agree to your rules, and you collect health conditions, emergency contacts, consent to emergency treatment and photo consent before anyone takes part.

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 above, these are points worth raising, especially if you serve minors or offer something close to an essential service:

• The label. The court in Torres pointed to a waiver that was clearly titled and set apart from other terms.
• Plain, specific language. Copeland asks whether an ordinary person would know what they are giving up, and it criticized catch-all language releasing "any injury for any reason."
• Scope. Torres turned on whether "facilities" covered the place the injury happened, so the activities and areas the release covers are worth a close look.
• Bargaining power. Copeland weighed whether the signer had a real choice. Optional recreation is a different setting from a service people need.
• Gross negligence. Copeland says it can't be released, so a release can't be relied on for it.
• The record. Who signed, when, and which version of the form they saw.

How WaiverFile Helps Tennessee 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, including headings that set the release apart. 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 rules, risks and paragraphs 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 adds each child by name and date of birth, so the parent's own agreement, medical information and emergency contacts are captured together, and minors are flagged at check-in.
• Medical questions. Required questions capture health conditions and emergency contacts before guests arrive. 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, send guests an email copy, or download signed waivers in bulk as a ZIP file for any date range. Forms are encrypted in transit and at rest, and you choose which staff can see them.

Start with one of our free waiver templates, adapt it for Tennessee with your attorney, and set up a free account to start collecting signatures.

Sources and Further Reading

• Tenn. Code Ann. 47-10-107 (Uniform Electronic Transactions Act, legal recognition of electronic signatures)
• 15 U.S.C. 7001 (federal ESIGN Act)
• Copeland v. HealthSouth/Methodist Rehabilitation Hospital, LP, 565 S.W.3d 260 (Tenn. 2018)
• Childress v. Madison County, 777 S.W.2d 1 (Tenn. Ct. App. 1989)
• Blackwell v. Sky High Sports Nashville Operations, LLC, 523 S.W.3d 624 (Tenn. Ct. App. 2017)
• Torres v. YMCA Foundation of Middle Tennessee, No. M2024-00720-COA-R3-CV (Tenn. Ct. App., memorandum opinion), case summary at JD Supra
• Tenn. Code Ann. 44-20-104 (equine activities, exceptions)
• Tenn. Code Ann. 44-20-105 (equine warning signs and contract notice)
• Tenn. Code Ann. 43-39-102 (agritourism limited liability)

Published November 4, 2026