Liability waivers with binding arbitration provisions for minors are unenforceable if a non-guardian signs for the minor.
A minor visited a trampoline park with a friend’s parent who signed a liability waiver containing an arbitration provision for the minor. The minor sustained injuries at the park during this visit. The court determined that a non-guardian cannot bind a minor to an arbitration provision contained in a liability waiver. Recreational and leisure facilities that utilize waivers with arbitration clauses for minors should know that only a minor’s parent or guardian can bind the child to the arbitration provision.
Case Law Alerts, 2nd Quarter, April 2018
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