Tag Archives: electronic waiver

A Good Approach to Electronic Waivers in New York State

By Doyice Cotten

This electronic waiver case was discussed briefly a couple of weeks ago. Here it is examined in more detail.

A frequent question is “Are electronic waivers as good as paper waivers?” or “Are electronic waivers enforceable?” The answer seems to be “yes” for both questions. The writer has read electronic waivers in several states and has yet to find one that fails because it is electronic; in fact,

Electronic or Online Waivers: How Good Are They?

 

By Doyice Cotten

 The preferred form of waiver usage in recreation and sport businesses is quickly becoming electronic (waiver available on a computer, tablet, or online). I am asked whether electronic waivers are as valid and effective as paper waivers.  Today, such waivers are in widespread use and there is no question as to their validity. This writer has found no cases in which a waiver has failed simply because it was not a paper waiver.

Colorado Court Enforces an On-line Waiver

By Doyice Cotten

Berenson (Berenson v. USA Hockey, Inc., 2013), an amateur hockey player, played in an amateur hockey league for several years. She was required by the league to complete the standard player registration on the USA Hockey website annually. To complete the registration, she had affirm her agreement to the terms by inserting her initials on the webpage with a liability waiver and release. She subsequently sustained injuries during a USA Hockey-sponsored game and sued USA Hockey.

Electronic Waivers – More Cases

By Doyice Cotten and Mary Cotten

We have previously addressed the question “Do online electronic waivers work?” (see Online Waiver Agreements: Not Worth the Paper They’re (Not) Written On?, Online Waivers/Electronic Signatures in NY,  and Waivers: Do Electronic Signatures Work?). There have been at least three recent cases addressing the issue.

Two Florida cases addressed the issue. In Hinely v. Florida Motorcycle Training, Inc. (2011 Fla.