Tag Archives: arbitration agreement

Is an Arbitration clause in an unenforceable waiver enforceable in NJ?

By Doyice Cotten

In Hojnowski v. Vans Skate Park (2006), The New Jersey Supreme Court ruled that parental waivers of liability (those signed by parents on behalf of their minor child) are not enforceable in New Jersey. In that same decision, it also ruled that parental arbitration agreements (those signed by parents on behalf of their minor child) are enforceable. The rationale in these decisions has been that a liability waiver, if enforced, takes away the rights of the minor for compensation for loss;

Is an Arbitration Clause in a Waiver a Possible Answer to Liability in Connecticut?

By Doyice Cotten

The plaintiff, Rita Lorentz, voluntarily signed a waiver of liability (containing an arbitration clause) when she took her children to a Sky Zone trampoline park. While there, she went to the restroom, slipped in a puddle, fell suffering injury, and subsequently sued the company, HJ & Edward Enterprises, LLC d/b/a Sky Zone (Lorentz v. HJ & Edwards Enterprises, LLC., 2020.

The agreement called for binding arbitration before an arbitrator;

How Long does a Waiver Last?

  By Doyice Cotten

In a 2018 New Jersey waiver case (Weed v Sky N.J., LLC, 2018 N.J. Super. Unpub. LEXIS 410), the primary issue revolved around the enforceability of an arbitration agreement included in the liability waiver. There were two important questions addressed. First, what is the duration of a waiver (and the arbitration agreement)? And second, who can sign a waiver on behalf of a minor.

Under New Jersey law, it is well established that parental waivers (a waiver signed on behalf of a minor by a parent or a legal guardian) are unenforceable.

The ABCs of Arbitration Agreements in Waivers of Liability  for Sport, Recreation, & Fitness Providers

 The sport, recreation, and fitness provider has long made use of liability waivers for protection from liability for provider negligence. There is a growing trend toward the inclusion of an arbitration agreement within the waiver; however, there is considerable controversy regarding the wisdom of this inclusion. Here, the authors address some of the pros and cons of the arbitration agreement that the provider and his or her counsel should consider in deciding the issue. It may well be that the choice will vary somewhat depending upon the nature of the business entity and the state in which the business is located.

California Court Rules on Waiver/Arbitration Clause Ambiguity Controversy

By Doyice Cotten

Many parties who suffer injuries after having signed a liability waiver still file suit and challenge the waiver in an attempt to collect damages. One of the most common allegations in the challenge is that the waiver is unenforceable because of ambiguity. In a 2012 health club case, a client was injured during a basketball game (Finley v. Club One, Inc., 2012 Cal. App. Unpub. LEXIS 2444).

Interestingly,

Settling Disputes without Going to Court – Mediation & Arbitration

By Doyice J. Cotten

An agreement to mediate and/or arbitrate any grievance against a provider can be included in the membership agreement or the liability waiver. The following language is one example of language that can be used in the agreement. Another version of this article was published earlier by Fitness Management magazine.

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If there is any dispute over $500 between you and California Fitness, both parties agree to submit it to binding arbitration,