By Doyice Cotten
Ten years ago, electronic waivers were the exception; now, they are the rule. A New York court recently ruled that an arbitration agreement in a Tough Mudder waiver was not enforceable (Scotti v. Tough Mudder Inc., 2019). In the discussion, the court gave an excellent update on the enforceability of electronic waivers and pointed out some “landmines” of which providers need to be aware.
Electronic Waiver Fundamentals
The court provided some fundamentals that one should know about electronic waivers.