By Doyice Cotten
Reese Sayre was four years old when her father took her to a trampoline park. On entering, he signed an electronic agreement in which he agreed to arbitration in the event Reese was injured. The agreement stated that the father was waiving his child’s right to bring a claim in court against the park’s owners,
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.
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,
By Doyice Cotten
The Kentucky Supreme Court is the latest court to record an opinion regarding the enforcement parental waivers (a waiver signed by the parent of a child releasing the activity provider from liability for subsequent injury suffered by the child).
By Doyice Cotten
Graciela Quiroz and her sixteen-year-old son went to Jumpstreet for trampolining. Before jumping, she signed a pre-injury waiver of liability “Jumpstreet, LLC Release and Parent/Guardian Waiver of Liability and Assumption of Risk.” After signing the waiver,
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.
By Doyice Cotten
Often both a husband and a wife attend a sport, recreation, or fitness facility to participate. The business has a requirement that everyone signs a waiver before participating. Is there a problem if one of the couple signs his or her own waiver and then signs the waiver of the spouse?
By Doyice Cotten
Families often visit recreational facilities and are required to sign waivers of liability in order to participate. Sometimes the father signs on behalf of the wife; sometimes the wife signs on behalf of the husband.
By Doyice Cotten
Quite often I get a request by a service provider to take a look at their waiver and tell them if I think it is adequate. So I thought many readers might like to see how a court looks at a waiver to determine if it is enforceable.