- What exact agreement applied to the visit?
- Which promises concern risks, release, or indemnity?
- Who accepted the terms, and which people or entities are named?
- What records show the terms and acceptance process?
- What filing date may apply to the particular claim?
Indiana's rule for commercial recreation waivers
Indiana appellate authority recognizes exculpatory agreements and permits parties, absent prohibitive legislation, to allocate responsibility for conduct that otherwise would be negligent. But a clause intended to shift the harsh burden of the protected party's own negligence must specifically and explicitly refer to the negligence of the party seeking protection.
A key current decision is Brooks v. USA Track & Field, Inc.. The Indiana Court of Appeals analyzed the athlete's agreement in two steps: whether it clearly defined negligence as an area of application, and whether it clearly and unequivocally covered USATF's own negligence. The court held that the agreement satisfied both inquiries. Read the official Court of Appeals opinion[1].
The Indiana Supreme Court later granted transfer, which ordinarily vacates the Court of Appeals opinion, but it expressly summarily affirmed the Court of Appeals' treatment and analysis of the summary-judgment orders concerning enforceability. Under Indiana Appellate Rule 58(A)(2), a summarily affirmed portion is considered Court of Appeals authority. The Supreme Court separately held that Trial Rule 15(A) does not apply after final judgment. Read the official Supreme Court opinion[2].
Read the agreement's separate promises
When interpreting a written contract, Brooks directs courts to examine the language expressing the parties' rights and duties and, if possible, to read the entire contract together and give it meaning.
What does the assumption-of-risk section actually describe? What claims does the release or covenant not to sue address? Does an indemnity paragraph impose a different promise? Who is included in the agreement's definition of protected parties? Does the operative text address that party's own conduct?
What other premises questions may matter beyond the contract? What broader background appears on the firm's Fort Wayne premises-liability page?
Compare the incident with the contract language
In Brooks, the court examined text listing specific and unknown risks, connecting those risks to actions or inactions of participants and organizers, and identifying conduct excluded from the agreement. The court read those provisions with the agreement as a whole. That analysis concerned the language before the court.
For a trampoline park, zip line, climbing wall, ropes course, or indoor adventure course, what event does the available information describe? What risks does the operative agreement list? What person or entity does each clause name? What does the text say about acts or omissions? What wording addresses release, assumption, or indemnity?
The table below is an organizational prompt, not a list of facts that establishes fault or defeats an agreement:
| Question | Records to look for | Point to clarify |
|---|---|---|
| Which terms governed the visit? | Is there a PDF, linked page, receipt, email, or screenshot? | What wording and version appeared? |
| What sequence was reported? | Are original photographs, video, or an incident report available? | What happened before and after the event? |
| What instructions were provided? | Are names, orientation material, posted rules, or witnesses known? | What was communicated before participation? |
| What item or area was involved? | Is its location or identifying information recorded? | Which part of the activity is in question? |
| What followed? | Which dated medical, work, or expense records exist? | What information was recorded and when? |
What general organization ideas may help? See the firm's articles on witness statements and documenting an injury claim.
Signer, participant, and protected parties
Who made the reservation? Whose name appears as participant? Who clicked or signed? Which person or entity invokes the agreement? Are those answers shown by the same record?
When a child was injured, who accepted the agreement, for whom, and what rights does the text address? What do the exact agreement and signer records show?
What additional information may be relevant when a child was injured? The firm's child-accident page provides related general background.
Electronic waivers and assent
Indiana Code section 26-2-8-106 says a record or signature may not be denied legal effect or enforceability solely because it is electronic, and a contract may not be denied legal effect or enforceability solely because an electronic record was used in its formation. It also says an electronic record can satisfy a legal writing requirement and an electronic signature can satisfy a legal signature requirement. Where can the current official Indiana Code, Title 26[3] be reviewed?
Who used the account or device? What terms appeared before the electronic step? What action indicated acceptance? Are timestamps, checkbox text, confirmation messages, or account records available?
Practical organization questions
These are practical prompts, not propositions attributed to discovery rules:
- Can the agreement and every incorporated page be saved in the format available?
- Are the ticket, reservation, receipt, and account records together?
- Can a factual timeline be written without guessing?
- Are original photographs and videos retained without alteration?
- Are witness names and direct contact information recorded?
- Should a specific written request identify video, incident records, or an involved item to retain?
- Are medical, employment, and out-of-pocket expense records organized?
Can available information be preserved without moving equipment, entering a restricted area, or attempting an unsafe investigation?
Indiana's general two-year limitation wording
Indiana Code section 34-11-2-4 provides that an action for injury to person or character generally must be commenced within two years after the cause of action accrues. Where can the current official Indiana Code, Title 34[4] be reviewed?
What claim is being considered? When did it accrue? Who are the claimant and proposed defendant? Could age, governmental-notice requirements, or another fact change the required timing? What date should be confirmed rather than assumed? What additional general background appears in the firm's guide to Indiana accident-claim deadlines?
Frequently Asked Questions
Does signing a trampoline-park waiver mean I have no Indiana claim?
The title alone does not decide the issue. Indiana's rule requires the operative clause to specifically and explicitly refer to the negligence of the party seeking protection when that party seeks protection from its own negligence.
Must an Indiana waiver use the word “negligence”?
Not necessarily. Brooks explains that other language may define negligence clearly and unequivocally in context, but the agreement must also clearly cover the protected party's own negligence.
Can an electronic signature be enforced?
Indiana law does not deny a signature, record, or contract legal effect solely because it is electronic. What do the available records show about the person, terms, and acceptance step?
Does a parent's signature resolve every claim involving a child?
No categorical answer is stated here. Who signed, for whom, what does the agreement say, and whose claim is at issue?
How long do I have to file?
Indiana Code section 34-11-2-4 states the general two-year wording for an action for injury to person or character, measured from accrual. What date and any additional requirement apply to the particular facts?
Would a review of the actual agreement and available records be useful? You may request a consultation with Delventhal Law Office.
This article provides general information, not legal advice.
