By Michael D. Ponce, Certified Civil Trial Specialist
Founder, Ponce Law | Proudly serving Sumner County, Davidson County, Rutherford County, Robertson County, Wilson County, Cheatham County, Montgomery County, Williamson County, and communities across Tennessee and beyond
Outdoor and recreational activities are a big part of life in Middle Tennessee—but they often come with weather-related risks. Rain, ice, lightning, extreme heat, and sudden storms can quickly turn a fun outing into a dangerous situation.
From trampoline parks and skate centers to zip lines, festivals, and ski facilities, many businesses require participants to sign liability waivers before taking part. Families frequently ask whether those waivers actually hold up under Tennessee law—especially when a child is injured.
The short answer: it depends. Who was hurt, how the injury happened, and the type of conduct involved all matter when courts decide whether a waiver is enforceable.
A liability waiver—sometimes called a release or exculpatory agreement—is a contract where a participant agrees not to sue a business if they’re injured during an activity.
Tennessee courts generally allow waivers in recreational settings, but they are not automatically valid in every case. Courts closely examine the circumstances surrounding the injury and the wording of the agreement itself.
They can be. Waivers signed by adults may be enforceable for claims involving ordinary negligence, depending on the situation.
The Tennessee Supreme Court addressed this issue in Copeland v. HealthSouth/Methodist Rehabilitation Hospital, LP, 565 S.W.3d 260 (Tenn. 2018). Under Copeland, courts consider the totality of the circumstances, including the relative bargaining power of the parties, the clarity and specificity of the waiver language, and whether enforcement would violate public policy.
Even when an adult signs a waiver, courts may refuse to enforce it if the agreement is vague, overly broad, buried in fine print, or presented on a take-it-or-leave-it basis—particularly when public interest or essential services are involved. Tennessee courts have long been cautious in these situations, as reflected in Olson v. Molzen, 558 S.W.2d 429 (Tenn. 1977).
Generally, no. Tennessee courts have consistently held that a parent or guardian cannot waive a minor child’s pre-injury personal injury claims.
Leading cases include Childress v. Madison County, 777 S.W.2d 1 (Tenn. Ct. App. 1989), and Blackwell v. Sky High Sports Nashville Operations, LLC, 523 S.W.3d 624 (Tenn. Ct. App. 2017). As a result, businesses generally cannot rely on a parent’s pre-injury signature alone to bar a child’s personal injury lawsuit.
While a child controls their own personal injury claim, parents may have separate claims related to a child’s injury—most commonly for medical expenses incurred before the child reaches adulthood. These claims are governed by Tennessee Code Annotated § 20-1-105.
In many adult recreational settings, yes. Clear and unambiguous waivers may bar claims for ordinary negligence when the Copeland factors are satisfied.
No. Tennessee law does not allow parties to contract away liability for gross negligence, recklessness, or intentional misconduct. The Tennessee Supreme Court made this clear in Adams v. Roark, 686 S.W.2d 73 (Tenn. 1985).
Many waivers attempt to shift responsibility for weather-related risks to participants. While an adult may assume certain obvious risks associated with rain, snow, or heat, a waiver does not excuse unsafe operations, ignored safety protocols, or conduct that goes beyond ordinary negligence—especially when weather conditions increase the danger.
Tennessee’s Recreational Use Statute, Tennessee Code Annotated §§ 70-7-101 through 70-7-105, limits liability for landowners who allow recreational use of property without charge. The statute does not protect against injuries caused by gross negligence or willful or wanton conduct.
Many commercial operations—such as trampoline parks, skate centers, and other fee-based recreational facilities—do not qualify for this immunity.
If you or your child was injured during a weather-related recreational activity, do not assume a signed waiver ends your case. Tennessee law provides strong protections for injured children and limits what businesses can contract away. Key questions include who was injured, whether safety rules were followed, and whether the conduct went beyond ordinary negligence. Contact our team at Ponce Law today to learn more about your legal rights and options.
