Businesses Beware, Not All Waivers Are Created Equal

AG
Archer & Greiner P.C.
Contributor
Archer & Greiner is now Archer. But what matters most is what remains the same. Our new name still represents an unwavering commitment to delivering large-firm expertise with small-firm attention—no matter the size of the client. It’s a philosophy that’s helped us grow into one of the largest and most trusted law firms in the Mid-Atlantic region, serving businesses and individuals throughout the region and in a growing number of other states and jurisdictions. With a network of regional offices from Delaware to New York, Archer has more than 175 lawyers practicing in all major legal disciplines including corporate, labor, commercial litigation, family, real estate and many more.
New Jersey businesses which require waivers from their patrons may need to rethink their practices to ensure that those waivers are always enforceable.
United States Litigation, Mediation & Arbitration
To print this article, all you need is to be registered or login on Mondaq.com.

New Jersey businesses which require waivers from their patrons may need to rethink their practices to ensure that those waivers are always enforceable. Earlier this month, the New Jersey Appellate Division in Gayles by Gayles v. Sky Zone Trampoline Park, held that businesses cannot rely on parents to sign waivers for other people's children.

In Sky Zone, a parent invited several of her minor son's friends to celebrate his birthday at Sky Zone Trampoline Park. The parent drove her son and his friends to the facility and upon arrival signed an agreement on behalf of all the minors in the group, purportedly waiving their right to seek redress for injuries occurring on the premises. While playing on the trampolines, one of the children fractured his leg. The minor friend's parent sued Sky Zone in court. Sky Zone moved for summary judgment, arguing the court should dismiss the claim because the executed waiver required the parent's claim instead to go to arbitration. The trial judge disagreed and allowed the friend's parent to move forward with the claim in court. Sky Zone appealed the trial judge's decision, and the New Jersey Appellate Division affirmed. The Appellate Division found Sky Zone could not enforce the waiver because the parent who executed the agreement did not possess authority under any set of circumstances to act on behalf of someone else's child.

The Sky Zone case will likely have serious implications for businesses who rely on waivers to shield them from liability, particularly when minors are involved. In light of this decision, businesses must take certain steps and establish proper procedures to ensure the protections intended by these waivers are fully enforceable.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

Businesses Beware, Not All Waivers Are Created Equal

United States Litigation, Mediation & Arbitration
Contributor
Archer & Greiner is now Archer. But what matters most is what remains the same. Our new name still represents an unwavering commitment to delivering large-firm expertise with small-firm attention—no matter the size of the client. It’s a philosophy that’s helped us grow into one of the largest and most trusted law firms in the Mid-Atlantic region, serving businesses and individuals throughout the region and in a growing number of other states and jurisdictions. With a network of regional offices from Delaware to New York, Archer has more than 175 lawyers practicing in all major legal disciplines including corporate, labor, commercial litigation, family, real estate and many more.
See More Popular Content From

Mondaq uses cookies on this website. By using our website you agree to our use of cookies as set out in our Privacy Policy.

Learn More