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The arbitration clause in a waiver does not withstand from a prior agreement or a signature from a non-custodial adult.

July 1, 2018
Weed v. Sky NJ, 2018 N.J. Super . Unpub. LEXIS 410

The court denied a trampoline park’s motion to compel arbitration. Although a waiver limiting a cause of action to arbitration had been previously signed by a custodial adult, that waiver did not apply to a second date of attendance for a different event at the same park. The signature of a mother of the minor’s friend on a waiver on the second attendance was not enough to waive the right to jury trial. The first agreement provided no language that it would remain valid and applicable to all future visits. The second agreement had no precedent for the contention that an unrelated person could bind the plaintiff to an arbitration clause. The court’s denial was affirmed.

 

Case Law Alerts, 3rd Quarter, July 2018

Case Law Alerts is prepared by Marshall Dennehey Warner Coleman & Goggin to provide information on recent developments of interest to our readers. This publication is not intended to provide legal advice for a specific situation or to create an attorney-client relationship. Copyright © 2018 Marshall Dennehey Warner Coleman & Goggin, all rights reserved. This article may not be reprinted without the express written permission of our firm.

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