This information is for general educational purposes only and does not constitute legal advice. Consult a licensed attorney in Oregon for specific guidance.
Key points about Oregon waiver law
IMPORTANT: Following the Oregon Supreme Court's decision in Bagley v. Mt. Bachelor, Inc. (2014), recreational liability waivers are effectively unenforceable in Oregon. Legislative reform efforts have not yet passed.
The court found recreational waivers unconscionable as adhesion contracts
Oregon is the only western state where recreational liability waivers are effectively unenforceable
Legislative reform (ORCA bills) has been introduced but has not passed as of 2026
Drafting considerations for Oregon
Understand that recreational liability waivers are not reliable legal protection in Oregon
Focus on assumption of risk acknowledgments and comprehensive risk disclosure
Document safety procedures and staff training thoroughly
Consult an Oregon attorney — the legal landscape may change if reform legislation passes
Frequently asked questions
Are liability waivers enforceable in Oregon?
Effectively no for recreational activities. The Oregon Supreme Court held in Bagley v. Mt. Bachelor, Inc. (2014) that recreational liability waivers are unconscionable as adhesion contracts. Legislative reform efforts (ORCA bills) have been introduced but have not passed as of 2026. Assumption of risk acknowledgments and risk disclosure forms remain valuable alternatives.
Can I use a digital waiver in Oregon?
Yes. Oregon adopted UETA and recognizes electronic signatures under the federal ESIGN Act. However, the substantive enforceability of recreational liability waivers is severely limited under current Oregon case law.
What should Oregon recreation businesses use instead?
Focus on assumption of risk acknowledgments, comprehensive risk disclosure forms, and thorough documentation of safety procedures and staff training. While waivers are not reliable protection, documenting participant awareness of risks supports other legal defenses.
Create ESIGN-compliant waivers for Oregon
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