Is an electronic signature valid?

Yes. Electronic signatures are legally binding under the federal ESIGN Act (15 U.S.C. ch. 96) and state UETA laws where adopted, provided the signature meets intent, consent, attribution, and retention criteria.

When is notarization required?

Notarization is rarely required for liability waivers, but state or contract-specific rules may require it in particular contexts. Check state law or obtain local counsel if the waiver covers property interests or statutory rights.

Do waivers eliminate all liability?

No. Most jurisdictions do not allow waivers to cover gross negligence, intentional torts, or certain statutory rights. Courts will scrutinize clarity and reasonableness of release language when enforcement is contested.

Minors generally cannot sign enforceable waivers; a parent or legal guardian must sign for a minor. Some states impose additional restrictions on releasing claims on behalf of minors.

How long should signed waivers be kept?

Retain waivers for the active relationship plus a reasonable post-termination period—commonly seven years—and longer if tied to tax, healthcare, or potential claims. HIPAA and IRS rules may impose minimum retention periods.

Can I use a third-party eSignature provider?

Yes. Use a provider that supports secure storage, an auditable completion certificate, and any required compliance (e.g., HIPAA with a BAA). Ensure the provider preserves timestamp, IP, and signer authentication evidence.

Electronic Signature
Templates
Miscellaneous
Prone Liability Waiver

Prone Liability Waiver

This template is fully customizable. Edit the text, fill out the fields, and send it for signature. Give it a try!

PRONE LIABILITY WAIVER AND SERVICE AGREEMENT

Parties

Provider Name: Provider Address:

Participant Name: Participant Address:

Recitals

WHEREAS, Provider operates a program that includes exercises, manual assistance, positioning, or therapeutic procedures requiring the participant to be in the prone (face-down) position; and

WHEREAS, Participant desires to receive such services and acknowledges that being placed in, maintaining, or moving from the prone position involves inherent risks including but not limited to respiratory compromise, neck or spine strain, soft tissue injury, falls, or aggravation of pre-existing conditions; and

NOW, THEREFORE, in consideration of the mutual covenants contained herein and other good and valuable consideration, the parties agree as follows.

Scope of Work

Description of Services

Assumption of Risk and Waiver

Participant acknowledges and understands that engaging in activities that require the prone position involves inherent and unforeseeable risks which may result in bodily injury, permanent disability, or death. Participant voluntarily assumes all risks associated with the services, whether known or unknown, foreseeable or unforeseeable.

Participant hereby releases, waives, discharges, and covenants not to sue Provider, its officers, employees, agents, and contractors from any and all liability, claims, demands, actions, or causes of action for injury or loss arising out of or related to the services provided under this Agreement, to the fullest extent permitted by law.

Representations and Warranties

Participant represents that Participant has disclosed all relevant medical history, current medications, recent surgeries, spinal, respiratory, neurologic, or cervical conditions, and any other condition that may increase risk while in the prone position. Participant certifies that they have obtained any necessary medical clearance to participate.

Medical Conditions (list any known conditions)

Payment Terms

Total Fee Payment Schedule Late Payment

Term and Termination

Effective Date: Termination Date:

Notice Period for Termination

Either party may terminate this Agreement for cause if the other party materially breaches any obligation and fails to cure within the notice period set forth above. Termination by Provider for nonpayment shall be effective upon written notice if payment is not made within the agreed payment schedule plus any cure period provided.

Confidentiality

Each party agrees to maintain the confidentiality of the other party's proprietary or personal information disclosed in connection with the services, including medical records, assessments, and personal contact information. Confidential information shall not be disclosed except as required by law or with the prior written consent of the disclosing party.

Indemnification

Participant agrees to indemnify, defend, and hold harmless Provider and its affiliates, officers, employees, and agents from and against any and all claims, liabilities, damages, losses, or expenses (including reasonable attorneys' fees) arising out of Participant’s negligence, willful misconduct, or breach of this Agreement.

Governing Law

This Agreement shall be governed by and construed in accordance with the laws of the state in which Provider's principal place of business is located, without regard to that state’s conflict of laws principles.

Entire Agreement

This Agreement constitutes the entire agreement between the parties with respect to the subject matter herein and supersedes all prior and contemporaneous agreements, proposals, or representations, written or oral. Any amendment must be in writing and signed by both parties.

Acknowledgment and Certifications

By signing below, Participant certifies that Participant has read this Agreement carefully, fully understands its terms, and is signing voluntarily. Participant acknowledges that no guarantees or promises have been made regarding the outcome of the services.

Participant Initials (acknowledging key risks) Consent for Emergency Care

In the event Participant becomes incapacitated, Participant authorizes Provider to obtain emergency medical treatment and agrees to be responsible for associated costs.

I authorize emergency medical care if reasonably necessary and agree to pay related expenses.

Acknowledgment of Receiving Notice on Prone Position Risks I acknowledge that I have received verbal and/or written notice of the specific risks associated with prone positioning and understand those risks.

Miscellaneous Provisions

If any provision of this Agreement is held to be invalid or unenforceable, the remainder of the Agreement shall remain in full force and effect. Waiver of any breach shall not constitute a waiver of any subsequent breach.

Participant

Print Name:

Signature:

Date:

Provider

Print Name:

By:

Date:

What a Prone Liability Waiver Is and When It Applies

A Prone Liability Waiver is a written release used to document a participant's informed acknowledgment of risks and voluntary agreement to assume liability when engaging in activities that involve the prone position or related risk exposures. Typical uses include physical therapy sessions, athletic training, fitness classes, wellness treatments, or any supervised activity where lying face-down increases the chance of injury. The waiver clarifies participant responsibilities, identifies known hazards, and limits the host's legal exposure to the extent permitted by applicable state law while preserving emergency care obligations and safety protocols.

Why a Prone Liability Waiver Matters

A clear waiver documents informed consent, allocates risk, and sets expectations between provider and participant while preserving records that support defense in the event of a claim. Well-drafted waivers can reduce dispute frequency and clarify emergency procedures.

Who Typically Completes This Waiver

Organizations and individuals who supervise activities involving prone positioning should collect signed waivers before participation.

Fitness studios and personal trainers who run prone-based exercises such as core or back-strengthening classes.
Physical therapists and rehabilitation clinics supervising manual therapy or prone-position treatments.
Wellness and alternative therapy providers using prone positioning for massage, osteopathy, or myofascial release.

Proper collection and storage of the signed waiver protect both the participant and the provider by recording consent and relevant health disclosures.

Primary Signers | Authorized Representatives

Participant

The individual receiving the service must sign to confirm understanding and acceptance of risks. If the participant is a minor, an authorized parent or guardian must sign on their behalf and provide proof of guardianship.

Provider Representative

A facility representative or instructor should sign to confirm delivery of required disclosures and adherence to safety protocols. For organizations, a designated staff member's signature documents that the participant received any screening or safety instructions.

Core Elements Every Prone Liability Waiver Should Include

A practical waiver balances clarity with enforceability: it identifies parties, lists foreseeable risks, obtains informed consent, states assumptions of risk, includes an indemnity or release clause where permitted, and specifies jurisdictional governing law.

Parties Identified

Full legal names for the participant and provider; include business entity type and contact information to eliminate ambiguity in enforcement or notice.

Risk Disclosure

Concise list of common prone-related risks (e.g., breathing difficulty, neck strain, skin pressure injuries) plus a catch-all for other injuries reasonably foreseeable.

Assumption of Risk

A clear statement that the signer knowingly accepts the specified risks and consents to participate despite them; avoid overly broad legalese that courts may find unconscionable.

Release and Indemnity

If permitted in the jurisdiction, language releasing the provider from liability for ordinary negligence and a limited indemnity clause for third-party claims arising from the participant's conduct.

Medical Disclosures

Space for the participant to list relevant conditions, medications, or limitations that could affect prone positioning and to authorize emergency care if needed.

Signature and Date

A dated signature line for the participant (or guardian) and the provider representative; include printed name and witness lines where required by state law.

Essential Data Fields to Capture

Participant Name: Full legal name

Date of Birth: MM/DD/YYYY

Emergency Contact: Name and phone number

Medical Conditions: Relevant diagnoses/limitations

Consent Statement: Affirmative assent to participate

Signature Block: Signer name, signature, date

Step-by-Step: Completing the Prone Liability Waiver

Follow these four steps to collect a compliant, usable waiver prior to participation.

01

Step 1: Pre-screen the participant and explain risks verbally
02

Step 2: Provide the waiver and allow time for questions
03

Step 3: Obtain signature and date (in-person or electronically)
04

Step 4: Store the signed waiver and note retention triggers

Where Signed Waivers Should Be Sent or Filed

Identify the correct routing so signed waivers are preserved and available when needed for incident response or legal review.

Onsite File: Place original physical waivers in a secure, labeled folder at the facility
Electronic Records: Upload signed PDFs to a secure document system with audit trail
Participant Copy: Provide a dated copy to the participant for their records
Incident Folder: If an event occurs, move relevant waivers to a restricted incident file

Configuring an Online Waiver Workflow

Typical online workflows include fields, authentication, and routing; configure each element to preserve intent and attribution.

Field	Configuration
Signature Field	Required; capture timestamp and IP
Authentication	Email link or SMS code; consider 2FA for high-risk services
Conditional Fields	Show medical-disclosure fields only if participant indicates health concerns
Storage	Archive signed PDFs with searchable metadata

Technical Considerations for eSigning and Submission

Ensure the signing platform supports legal requirements for electronic signatures, secure storage, and audit trails before collecting waivers.

File Formats: PDF, DOCX supported
Integrations: Connects to Google Drive, Box, NetSuite
Authentication: Email, SMS, KBA options

Legal Risks of an Incomplete or Improper Waiver

Voidable Release: Courts may refuse to enforce overly broad or unconscionable releases

HIPAA Exposure: Improper PHI handling can trigger HIPAA penalties

Ineffective Consent: Missing signature, wrong signer, or poor authentication can negate consent

Statutory Limits: Some states bar releases for gross negligence or intentional harm

Data Loss: Poor storage practices risk evidence loss for defense

Insurance Gaps: Insurers may deny coverage if waiver practices violate policy terms

Common Mistakes to Avoid

Using overly broad legal terms that a court may find unconscionable or ambiguous
Failing to obtain a dated signature or allowing signers to backdate or alter the form
Collecting health details without HIPAA safeguards or a Business Associate Agreement
Storing signed waivers in unsecured locations without audit trails

Timelines and Processing Expectations

Set clear internal deadlines for collection, review, and storage so waivers are obtained before participation and are available if incidents occur.

Pre-Activity Collection:

Waiver signed before first session or at check-in

Review:

Staff must review and flag medical disclosures same day

Storage:

Upload signed copy within 48 hours to the records system

Retention Review:

Annual audit to delete or archive per retention schedule

Incident Response:

Move copies to incident folder within 24 hours after any reportable event

Key Milestones from Intake to Incident Handling

Track these sequential milestones so waivers support day-to-day operations and emergency response steps.

01

Intake

Collect waiver and screening before participation

02

Verification

Confirm signature and ID where required

03

Record Upload

Save signed PDF and metadata to the secure system

04

Incident Archive

If an incident occurs, place relevant documents in a restricted access folder

Real-World Use Cases

Two example scenarios illustrate how waivers are applied and stored in practice.

Case Study 1

A physical therapy clinic requires a prone-position waiver for spinal mobilization sessions and screens for recent surgeries.

The clinic saves signed waivers to the patient's electronic chart during intake.
When a patient reported post-treatment discomfort, the clinic produced the signed waiver and screening notes, which supported clinical follow-up and limited exposure during the subsequent review.

Case Study 2

A boutique fitness studio collects waivers online for classes that include prone core work and requires a health disclosure.

Instructors review disclosures before class and flag concerns.
After a participant reported a flare-up, the studio’s record of a dated electronic waiver and the instructor’s pre-class note helped clarify assumptions of risk and informed the insurance notification process.

Comparison: eSignature Options for Collecting Waivers

Select a platform that supports audit trails, secure storage, and any required compliance such as HIPAA. signNow is listed first for comparison consistency; competitor pricing reflects typical annual billing tiers.

	signNow	DocuSign	Adobe Sign	PandaDoc	HelloSign
Starting Price	$8/user/mo	$15/user/mo	$14/user/mo	$19/user/mo	$15/user/mo
Free Trial	Yes, 7-day free trial	No	No	Yes, limited	Yes, limited
Bulk Send	Yes	Yes	Yes	Yes	No
Audit Trail	Yes	Yes	Yes	Yes	Yes
HIPAA Compliant	Yes	Yes	Yes	No	No

Frequently Asked Questions About the Prone Liability Waiver

Answers address common concerns about enforceability, signatures, and recordkeeping for waivers.

Need help? Contact support

Is an electronic signature valid?
Yes. Electronic signatures are legally binding under the federal ESIGN Act (15 U.S.C. ch. 96) and state UETA laws where adopted, provided the signature meets intent, consent, attribution, and retention criteria.
When is notarization required?
Notarization is rarely required for liability waivers, but state or contract-specific rules may require it in particular contexts. Check state law or obtain local counsel if the waiver covers property interests or statutory rights.
Do waivers eliminate all liability?
No. Most jurisdictions do not allow waivers to cover gross negligence, intentional torts, or certain statutory rights. Courts will scrutinize clarity and reasonableness of release language when enforcement is contested.
What about minors?
Minors generally cannot sign enforceable waivers; a parent or legal guardian must sign for a minor. Some states impose additional restrictions on releasing claims on behalf of minors.
How long should signed waivers be kept?
Retain waivers for the active relationship plus a reasonable post-termination period—commonly seven years—and longer if tied to tax, healthcare, or potential claims. HIPAA and IRS rules may impose minimum retention periods.
Can I use a third-party eSignature provider?
Yes. Use a provider that supports secure storage, an auditable completion certificate, and any required compliance (e.g., HIPAA with a BAA). Ensure the provider preserves timestamp, IP, and signer authentication evidence.

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