Generally enforceable

Texas Liability Waiver Requirements

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

Texas waiver law at a glance

Texas strongly enforces liability waivers under the fair notice doctrine

The waiver must satisfy the 'express negligence' doctrine — specifically mentioning negligence

Texas follows modified comparative negligence (51% bar)

Waivers must be conspicuous and clear

Drafting

Drafting considerations for Texas

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

FAQ

Frequently asked

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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