Are electronic waivers legally binding?
Published October 28, 2026 · Based on the federal statute text
Yes, in the US a waiver signed electronically is as valid as one signed on paper. The federal ESIGN Act and every state's electronic transactions law say a signature can't be refused legal effect just because it's electronic. But e-signing doesn't make a waiver enforceable on its own: the waiver still has to meet your state's rules for waivers, and you need a record showing who signed, when, and what they agreed to.
What federal law says
The Electronic Signatures in Global and National Commerce Act (ESIGN, 2000) covers transactions in interstate commerce, which includes most customer agreements. Its core rule is in 15 U.S.C. 7001(a): a signature, contract or other record "may not be denied legal effect, validity, or enforceability solely because it is in electronic form," and a contract may not be denied effect "solely because an electronic signature or electronic record was used in its formation."
ESIGN defines an electronic signature broadly, in 15 U.S.C. 7006(5): "an electronic sound, symbol, or process, attached to or logically associated with a contract or other record and executed or adopted by a person with the intent to sign the record." A drawn signature on a phone and a typed name both qualify when the person means to sign.
What state law says
Every state except New York has adopted the Uniform Electronic Transactions Act (UETA), which gives electronic signatures and records the same effect as paper ones. New York has its own Electronic Signatures and Records Act to the same effect. UETA also says a signature is attributable to a person "if it was the act of the person," which can be shown in any manner. In practice that means being able to show who signed.
What makes an electronic waiver hold up
The statutes point to four things worth being able to show:
- Consent to sign electronically. The signer agreed to do this electronically, and could have asked for paper.
- Intent to sign. A clear act of signing (drawing a signature or adopting a typed name) after reading the waiver, not a pre-ticked box.
- The signature tied to that exact waiver. The signed copy shows the full text the person agreed to, so nobody can argue they signed something else.
- A record you can reproduce later. ESIGN requires a retained record to "accurately" reflect the agreement and stay "capable of being accurately reproduced for later reference" (15 U.S.C. 7001(d)). Plus details that link the signature to the person: name, email, time, IP address and device.
What e-signing can't fix
An electronic signature only answers "did this person sign it?" Whether the waiver is enforceable is a separate question, decided by your state's law on waivers and by what the waiver says. Of the 50 states and DC, 34 generally enforce a clearly written waiver of ordinary negligence, 15 enforce them with limits, and 2 heavily restrict them. See waiver enforceability by state and what a liability waiver should include.
The same goes for minors: e-signing doesn't change whether a parent can waive a child's claims in your state. See waivers for minors.
One open question for some businesses: ESIGN has a separate consumer-disclosure process for records that a law requires to be given to consumers in writing. A voluntary liability waiver usually isn't one of those, but some state rules for tattoo, body art or medical consent may be. If you work in those fields, ask a lawyer in your state.
How WaiverPad records an online signature
WaiverPad's online waivers ask each signer to agree to sign electronically and to confirm they've read the waiver, then to draw or type their signature. The signed PDF ends with an audit page recording the signer's details, the consent wording they accepted, the time, IP address and device, and the exact version of the waiver text. A SHA-256 fingerprint of the file is kept so any later change shows. How online waivers work or start free.
Questions
Is a waiver signed on a phone or tablet as valid as a paper one?
It can be. Federal law says a signature or contract "may not be denied legal effect, validity, or enforceability solely because it is in electronic form" (15 U.S.C. 7001(a)). The waiver still has to meet your state's rules for waivers, exactly as a paper one would.
Does a typed name count as a signature?
It can. ESIGN defines an electronic signature as "an electronic sound, symbol, or process" attached to or associated with a record and adopted "with the intent to sign the record" (15 U.S.C. 7006(5)). What matters is the intent to sign, so the signer should clearly adopt the typed name as their signature.
Can a parent sign an online waiver for a child?
Electronic signing doesn't change the rules on minors. Whether a parent can waive a child's own claims depends on the state, and several states refuse to enforce those waivers, signed on paper or online.
How long should I keep signed online waivers?
At least as long as a claim could be brought, which depends on your state's statute of limitations, and longer for minors in many states. ESIGN also requires a retained electronic record to stay accurate and capable of being reproduced later.
Important
This page is general information, not legal advice, and WaiverPad is not a law firm. Have your waiver and how you collect it reviewed by a lawyer licensed in your state.