This information is for general educational purposes only and does not constitute legal advice. Consult a licensed attorney in Montana for specific guidance.
Key points about Montana waiver law
Montana generally disfavors pre-injury liability waivers under MCA 28-2-702
Montana law voids agreements that exempt from responsibility for fraud, willful injury, or violation of law
Some recreational waivers may still be enforceable depending on circumstances
Assumption of risk remains a valid defense separate from waivers
Drafting considerations for Montana
Focus on assumption of risk rather than release of liability
Document the participant's knowledge of inherent risks
Consult a Montana attorney before relying on a waiver
Consider using a detailed risk acknowledgment form instead
Frequently asked questions
Are liability waivers enforceable in Montana?
Montana is one of the more restrictive states. MCA 28-2-702 voids contracts that exempt from responsibility for fraud, willful injury, or violation of law. However, some courts have enforced waivers in limited recreational contexts. Consult a local attorney.
Can I use a digital waiver in Montana?
Yes, digital signatures are valid in Montana under UETA and the federal ESIGN Act. However, the enforceability of the waiver's substance (not the signature method) is where Montana law is restrictive.
What should I use instead of a waiver in Montana?
Consider a detailed assumption of risk and risk acknowledgment form. While a waiver may have limited enforceability, documenting that participants understood and accepted the inherent risks is still valuable.
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