Many trampoline and adventure parks use electronic check-in systems that present guests with terms before participation.
Those documents may contain several different provisions. They should be read and evaluated as actual legal documents rather than reduced to the simple statement, "I signed a waiver."
What might be in the document?
Depending on the operator, a participant agreement may contain language addressing:
- Assumption of risk
- Release of liability
- Indemnity
- Arbitration
- Jury-trial waivers
- Venue or forum selection
- Rules of participation
- Parent or guardian consent
- Photography or media permissions
The presence of one of these provisions does not tell you, by itself, how it applies to a particular incident.
When a child is injured
Laws vary from state to state. Generally speaking, when a child is injured, courts do not enforce a liability waiver signed by a parent or guardian on the child's behalf. Some states, however, do enforce arbitration clauses signed by a parent or guardian in cases involving a child's injury.
Preserve the actual version
The wording matters.
If you received the agreement by email, keep the email and attachment. If you checked in electronically, preserve reservation information, screenshots, confirmation messages, or other records showing the date and manner of check-in.
If the injured person was a child, preserve information identifying who completed the check-in process.
Why the facts matter
Questions involving waivers and arbitration can depend on the document, the parties, the type of claim, and the law that governs the dispute.
For that reason, it is usually more useful to review the actual agreement than to rely on a general rule found online.
Do not assume the document ends the inquiry
People sometimes decide not to ask a lawyer about a serious injury because they remember clicking "I agree."
That can be an important fact, but it should not substitute for an individualized review of the document and the incident.
If you have the agreement, send or bring it with you when you contact us. If you do not have it, we can begin with the information you do have.