This information is for general educational purposes only and does not constitute legal advice. Consult a licensed attorney in Texas for specific guidance.
Key points about Texas waiver law
Texas strongly enforces liability waivers under the fair notice doctrine
The waiver must satisfy the 'express negligence' doctrine — specifically mentioning negligence
Explicitly use the word 'negligence' per the express negligence doctrine
Use conspicuous formatting (bold, caps, or larger text for key terms)
Comply with the fair notice doctrine: the waiver must be conspicuous enough that a reasonable person would notice it
Include specific activity and risk descriptions
Frequently asked questions
Are liability waivers enforceable in Texas?
Yes. Texas strongly enforces liability waivers under two key doctrines: the express negligence doctrine (must specifically mention negligence) and the fair notice doctrine (must be conspicuous).
Can I use a digital waiver in Texas?
Yes. Texas adopted UETA (Tex. Bus. & Com. Code 322) and recognizes electronic signatures under the federal ESIGN Act.
What is Texas's express negligence doctrine?
Texas requires that a waiver explicitly mention 'negligence' to release from negligence claims. General release language without the word 'negligence' is insufficient.
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