Provides that an operator may require a person who engages in a sport, fitness or recreational activity in various ways to release the operator from claims for ordinary negligence.
SB 1593 would change Oregon law governing liability waivers for sport, fitness, and recreational activities. The bill authorizes an “operator” of such activities or facilities to require participants age 18 or older, or a parent/guardian for minors, to sign a release waiving claims for ordinary negligence arising from participation, equipment rental, facility use, or volunteering related to those activities. It also defines the types of activities covered broadly, including outdoor recreation, winter sports, climbing, equestrian activities, fitness training, and similar inherently risky pursuits.
The bill preserves liability for more serious misconduct. It expressly prohibits waivers of claims based on willful or wanton conduct, reckless conduct, or gross negligence, and it requires broader releases to be construed within those limits. The measure also applies retroactively to releases executed before, on, or after the effective date, except where a final judgment has already been entered. It includes an emergency clause, making it effective upon passage, and it also directs the Oregon Business Development Department to study recreation commerce and report back to the Legislature by December 15, 2026.
If enacted, SB 1593 would override existing Oregon law to make recreational liability waivers enforceable for ordinary negligence, which would affect operators of recreation, fitness, tourism, and related facilities, as well as participants and parents/guardians signing on behalf of minors. The bill would likely reduce exposure to negligence claims for businesses and nonprofits offering activities with inherent risk, while leaving claims for gross negligence and intentional or reckless misconduct intact. It also would apply to existing releases, subject to the final-judgment exception, and would require state-level study and reporting on recreation commerce by the Oregon Business Development Department.
The available voting history suggests the bill had at least some support in committee, passing a Senate committee vote 5-0 with amendments and a request to move the measure to Rules. The bill text itself frames the measure as pro-business, pro-tourism, and supportive of public access to recreation and fitness opportunities. No committee transcript excerpts are provided, so the broader debate cannot be directly measured here, but the committee action indicates the measure was not overtly divisive at that stage.
The main point of contention is the enforceability of liability waivers in Oregon, especially whether participants should be able to waive ordinary-negligence claims against recreation and fitness operators. Supporters argue that unenforceable waivers increase insurance costs, discourage providers, and put small businesses, nonprofits, and underserved communities at a disadvantage. Opponents or critics, if any, would likely focus on consumer protection, participant safety, and whether people should be able to waive negligence claims in activities involving inherent risk. The bill also raises a secondary issue about retroactive application to existing releases, though it preserves already final judgments.