“Well, your heart is in the right place!” Isn’t that what they say when your well-meaning but ultimately misunderstood actions land you in hot water? Honest, hardworking, salt of the earth, golf club owners will often operate on an ‘old school’, ‘people are essentially good’ methodology. And while that’s good for customer service, how good is that for managing risk?
Do your patrons fully understand the risks of golf?
Even if we update the saying to ‘your waiver is in the right place’, is that even true? Do your patrons fully understand the risks of golf? And if they do, are you sure they can’t sue you for things beyond your control? Is a waiver enough? These burning questions can take golf course owners down a gopher hole and still not produce the right combination of risk management. This blog will try and unravel some of the mystery behind what a waiver is, what it isn’t, and how to ensure your club has what you need.
We’re Not Liable!
A waiver is just one piece of the puzzle. Many golf course owners assume that having a patron sign a “we’re not liable” type of form automatically means they’re protected—but in effective consent is more nuanced. There’s a big difference between informed consent, a signed waiver, and a signed digital waiver. Knowing how they work can be the difference between true legal protection and a time-consuming lawsuit.
Let’s break it down.
What Is Informed Consent?
Informed consent is a buzz phrase for a reason. It means that a person fully understands the risks of an activity before choosing to participate. It’s a concept that applies in many areas of life, such as medicine, sports, and recreational activities, including golf.
What Informed Consent Looks Like in Golf
Here are some examples of helping your patron, member, student, understand the risks.
- A golf pro explains ALL the risks of an activity (e.g., "Swinging clubs can be dangerous—stand clear.”, or "Don't tee off from someone's face!"
- A staff member informs a player about ALL potential course hazards (e.g., "The back nine has steep terrain—watch your footing.", or "Do not go in the pond to get your ball!"
- And the most common but often least effective, posted signage warns players about potential dangers (e.g., “Golf carts must remain on paths near water hazards.”, or "No Carts Past this Point", or "Steep Grade - One Way Only!")
The Problem with Relying Only on Informed Consent
While informed consent is important, it’s spotty, sporadically applied, and hard to track. Even if you and your club does it perfectly; even if a golfer verbally acknowledges they understand the risks, they can still sue you after the inevitable mishap, because there’s no proof they agreed not to hold your course responsible.
Solution? You need a signed waiver.
How a Signed Waiver Protects Your Golf Course
A signed waiver is a legally binding document where the participant acknowledges ALL the known risks and agrees not to hold you liable for their own injuries or damages. When done well, they prove that the golfer knew the risks and voluntarily agreed to them.
- releases you from liability in case of injuries or accidents.
- includes indemnification clauses, meaning the golfer agrees to handle their own legal and financial responsibilities.
A waiver is not informed consent, and informed consent is not a waiver. But a well written waiver will do the trick. The content of your waiver must satisfy ‘informed consent’.
Help!
Help with the language around what a waiver should say is surprisingly available. Check with your insurance company, or with your golf membership organization, or your favorite eGolf Waiver platform even has templates.
Now that you’re thinking about using the waiver to prove informed consent you’re on the right track. You’ve decided that you’ll print waivers and you’ve instituted a policy to have your staff get them signed. You’ll protect your club, and you’re all good, right? Well…not exactly.
Potential Issues with Physical Waivers
Paper waivers are probably better than nothing. Unfortunately, paper, often with an illegible scrawl that a pharmacist couldn’t decipher, is a very demanding and fragile medium.
- It needs to be filed,
- It can easily be lost or damaged over time, and
- It can be hard to find again.
The Best Solution
A signed digital waiver such as the eGolf Waiver from Guru Collective, is an electronic version of a legal waiver that can be signed online, on a tablet, or via an app. It uses and identification system, and records names and other essential personal data for your club’s database. It also captures a digital signature that’s easy to file and find if you need it. In fact, there are many advantages.
Benefits of Digital Waivers for Golf Course Owners
✅ Legally binding – As long as it meets electronic signature laws.
✅ Easier to store – No paper clutter or lost documents.
✅ Quick access– Instantly retrieve signed waivers if a legal issue arises.
✅ More convenient for patrons – They can sign before arriving, reducing check-in delays.
✅ Captures Contact data for all participants – not just the person renting the golf cart!
✅ Flags Challenging Customers - and allows for notes on their file.
Final Thoughts
Informed Consent is important but it’s not enough on its own. A Waiver including informed consent provides strong legal protection. A Signed Digital Waiver is really the best option—secure, trackable, and easy to access if needed. And saving money on cart damages, or legal battles, and saving time on dealing with incidents will do your heart good!
Want to find out more? Cost? Get a product walk-through? Protection is within reach!
