Posted on September 2, 2015

FareHarbor Integration

We’re happy to announce that Smartwaiver is now integrated with FareHarbor, a popular online booking solution for tour and activity companies. If you’re a FareHarbor client your customers will now be able to sign your smart waiver as part of the online booking process. On the backend, your team will be able to track and manage your signed waivers within your FareHarbor account.

The Customer’s View
Immediately after a customer books an activity online they will receive a confirmation email that directs them to sign the waiver as a next step in the booking process.


Once signed, the document is automatically added to the customer’s booking invoice.

Your View
On the FareHarbor manifest you will be able to see whether the waiver has been signed or not, as well as the number of people listed on the participant’s waiver. You will also have the option of opening the signed document as a PDF or view it in the Smartwaiver Waiver Console.


Give it a Try!
Linking your Smartwaiver and FareHarbor account takes just a few minutes. Head on over to the FareHarbor Support page for more information.

Posted on July 10, 2015

Update 8/10/15: This position has been filled.

Exciting times here at Smartwaiver headquarters. We've seen explosive growth over the past few years and are now hoping to accelerate our success with the addition of an Outbound Sales Manager. We're looking for a passionate, customer-focused sales pro who is excited to spread the good Smartwaiver word and help companies from all industries ditch their old, archaic waiver-managing ways.

Smartwaiver Headquarters

Because this is a new position, the person in this role will have the unique opportunity to directly shape the growth of an exciting SaaS tech company. And bonus: they'll get to do it in beautiful Bend, Oregon!

If you or someone you know would like to join our smart, dedicated team please visit our Jobs Page to apply.

Posted on June 22, 2015

One of the most useful features of Smartwaiver is the ability to view and manage your smart  waivers across multiple devices.  Whether you're on a desktop computer, tablet or your smartphone using the Waiver Console app, you’re never more than a click away from your signed waivers.

And now, thanks to wearable technology, you can even be notified when a smart waiver is signed from your smartwatch! This is welcome news for those who like to keep tabs on their business away from the office or when a smartphone might be out of reach.

All you need to do to make the magic happen is download the Waiver Console app to your smartphone or tablet, and enable Notifications in the Settings. With Notifications enabled and your smartwatch and smartphone/tablet synced, you’ll start receiving a pop-up message on your Apple Watch or Android Wear device, alerting you each time a participant signs and submits a smart waiver. That’s a whole lot of smart!

Wearable Technology and Smartwaiver 

Posted on April 25, 2015

As a professor of sports law at Syracuse University and a lead editor of the book, “Law for Recreation and Sports Managers”, attorney John Wolohan knows a thing or two about release of liability waivers. Below, Mr. Wolohan briefly explains some of the basics of waiver law and the benefits of using digital smart waivers.

Professor John WolohanThe Waiver Basics
John Wolohan, J.D.

While it is undeniable that electronic waivers, signed by an adult, can be an effective tool in protecting sport and recreation providers from negligence liability, some organizations may still have questions about what a waiver is and the benefits of going digital.

Before considering electronic waivers, it is important  to understand how the courts have traditionally viewed waivers.  Basically, a waiver is a contract in which a person agrees to relinquish his or her right to sue the service provider in any event the participant is injured due to the provider’s simple negligence.

When reviewing the legality of waivers, therefore, the courts will apply fundamental contract principals.  As such, it should be noted that depending on the jurisdiction and how well the waiver is written, the majority of courts will uphold the legality of the electronic waiver.  In addition to contract law, it should be noted that electronic waivers and other electronic contracts are also governed by two additional laws: the Electronic Signatures in Global and National Commerce Act (E-SIGN), at the national level, and the Uniform Electronic Transactions Act (UETA) at the state level.

E-SIGN, which was signed into law by President Clinton in 2000, is designed to give legal protection to online or electronic contracts and give them the same weight as paper transactions. In addition to clarifying the legality of online or electronic contracts, E-SIGN also clarifies what constitutes an electronic signature.  Under E-SIGN “the term “electronic signature” means an electronic sound, symbol, or process, attached to or logically associated with a contract or other record and executed or adopted by a person with the intent to sign the record”

And while clicking on or checking a box to accept the terms of the waiver may be protected by the courts, the “smart waiver,” by allowing the user/participant to actually sign the form electronically provides even stronger legal protection in the courts' eyes. With the user/participant’s signature as evidence, it is clear that the individual signed the document and understood what he or she was signing.

Electronic Waivers

Another benefit of digital smart waivers is that the waivers make it simple to include a statement concerning which jurisdiction or state laws will apply in the case of a lawsuit.  The reason this is so important with online or electronic waivers is because you do not want to be defending a lawsuit in an out of state court.  A real possibility in today’s electronic age, since most state courts are willing to exercise jurisdiction over out-of state and international businesses if they believe that the business, by purposely soliciting commercial activity from out of state participants, has sufficient commercial activity within the state to make jurisdiction reasonable.

The following checklist is designed specifically for sport and recreation administrators, but should be followed when writing any type of waiver. Important to note: when drafting your waiver the language should always be reviewed by an attorney familiar with your industry and state laws.

  • The waiver should be clearly titled and descriptive (e.g., Waiver & Release of Liability);
  • The waiver should use clear and easy to understand language;
  • The waiver should not contain any fraudulent statements;
  • The waiver should clearly and unambiguously state that the signer is releasing the service provider from liability for injuries resulting from the ordinary negligence of the provider;
  • The waiver should contain some statement denoting consideration (e.g., “In consideration for being allowed to participate in . . ., the signer agrees to . . . .);”
  • The waiver should specifically identify the parties who are relinquishing their rights and the parties who are protected by the waiver;
  • The waiver should be no longer than one page and all substantive terms should be visible and complete without hyperlinks to additional terms (Smartwaiver does not allow hyperlinks so you’re covered there);
  • The user should not be allowed to click on the accept button without being allowed the opportunity to review the entire agreement;
  • The reader should have the opportunity to read the document at their own pace and should have the ability to browse through and to view all the terms of the agreement;
  • The waiver should have a statement indicating that the signer read the entire statement.

Again, if you have any questions about the legal language in your waiver, be sure to consult your legal adviser. If you have any questions about formatting your waiver and converting it into a smart waiver, contact the Smartwaiver Team.

- Attorney John T. Wolohan ( is a professor of sports law at Syracuse University.

Posted on March 14, 2015

One of the most frequent comments we hear from our users is: “We love using Smartwaiver, but we would love it even more if it were integrated with our CRM.”  

Well, we would love it if Smartwaiver were integrated with your CRM too! That’s why we developed an extensive API; a set of code rules that programmers can use to create a direct integration between Smartwaiver and other web-based software programs. 

Smartwaiver Integration

Several software companies have done some pretty great things with the Smartwaiver API, like:

  • Automatically creating new customer records in their CRM after the waiver is signed
  • Automatically transfering photos taken from Auto Photo Capture 
  • Importing Smartwaiver Check-in information into their CRM

Our friends over at Burble Software, a dropzone management solution for skydiving facilities, have been using Smartwaiver’s API and webhooks to streamline the online reservation process for both jumpers and businesses.  

The set up for the business couldn't be easier. Dropzones need to simply copy the unique API key from their Smartwaiver account and paste it into their Burble account settings.

Burble Software and Smartwaiver

Once the two are set up to talk to each other, the information from Smartwaiver is immediately sent to Burble after a waiver is signed and then attached to a current or future reservation. The dropzone can then view the status of the jumper’s waiver in their Burble account.

Smartwaiver and Burble

The integration provides a seamless experience for the customer signing the waiver and makes it easier for the staff to keep track of the waiver in their reservation system. 

You Too Can Have a Direct Integration
If you use a web-based CRM or POS that you think could be enhanced with a direct Smartwaiver integration, take a couple minutes to contact your software company. Email, call, tweet, post your request and simply let them know that having your smart waivers directly integrated with their software would make your life a whole lot better. Feel free to copy and paste the language below.

"Hi.  Our company uses Smartwaiver for online digital waivers. It would greatly benefit our company to see a direct integration between you and Smartwaiver.  Please contact Jim at to get an integration started."

If you are a software company wanting to use our RESTful API and need some help setting it up, shoot us an email to let us know. We’re happy to help in any way we can.

Hi, I'm Jim.
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