In Montana, your rafting waiver should be drafted with this in mind. Below is what Montana law says, what it means for your waiver, and where to get it reviewed.
Montana Code § 28-2-702 voids contracts that exempt a party from responsibility for their own negligence — except a waiver that complies with § 27-1-753.
To be enforceable, a recreation waiver must state the known inherent risks AND contain the statute's required warning in bold typeface (see below).
Even a compliant waiver does not cover claims based on the design, manufacture, provision, or maintenance of equipment — or gross negligence / willful conduct.
Montana requires this exact warning, in bold, for a recreation waiver to be enforceable:
By signing this document you may be waiving your legal right to a jury trial to hold the provider legally responsible for any injuries or damages resulting from risks inherent in the sport or recreational opportunity or for any injuries or damages you may suffer due to the provider's ordinary negligence that are the result of the provider's failure to exercise reasonable care.
Reproduce the wording exactly and in bold typeface. Without it, the waiver is void by default.
Montana's recreation-waiver statute is silent on minors and no case squarely resolves it — do not assume a parent-signed minor waiver is enforceable.
Use the exact statutory bold warning and list the inherent risks, or the waiver is void by default. Keep equipment-maintenance practices strong because those claims survive. Confirm with a Montana attorney.
Start from our whitewater rafting waiver template, then add Montana's required wording. Always have a Montana attorney review the final document.
Montana statutes and case-law summaries behind this page. Laws change — verify the current position with a licensed attorney.
However your state treats waivers, you still need every guest's signature on file. EquipDash sends your Montana waiver after each booking, captures the signature with a timestamp and IP address, and stores it against the booking — so you always have a clean, dated record.
MONTANA WAIVER FAQ
General guidance for operators. For your specific situation, consult a licensed Montana attorney.
Contact UsMontana voids exculpatory contracts by default, but a recreation statute allows a sport/recreational waiver to cover inherent risks and the provider's ordinary negligence — but only if it includes the exact bold-typeface warning the statute requires. This is general information, not legal advice — confirm with a Montana attorney.
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