(Philadelphia, PA.) (March 5, 2025)- Owners of amusement parks and other entities which utilize forum selection provisions in participation agreements are watching an important case pending before the Supreme Court of Pennsylvania. The case could have significant implications for parental rights in the state and focuses on whether parents possess the authority to waive their child's right to a jury trial when signing participation agreements and opt for arbitration as the forum for any claim which arises from recreational activities that involve some inherent risk, such as trampoline parks.
The appeal, brought by the trampoline park and its parent company, challenged lower court rulings that found this agreement to arbitrate unenforceable as to a child. During oral arguments before the Supreme Court, several Justices questioned WSHB partner Andy Kessler whether such agreements improperly strip minors of their constitutional right to a jury trial. The Justices noted that Pennsylvania law typically requires court approval for decisions involving a child's legal claims given that such claims remain open until the child reaches adulthood.
Arguing for the Appellant, Kessler emphasized that parents possess a competing, equally important constitution right to raise their children as they see fit and that the law presumes that the parents act in the child's best interest. He further asserted that parents routinely make binding financial, medical, and other legal decisions on behalf of their children. "When it comes to property interests, such as money, parents are legally able to open joint bank accounts and manage their children's financial affairs under the assumption that they act in their best interest," Kessler stated. "The same reasoning should apply here, where parents agree to arbitration rather than litigation as a means of resolving disputes."
The Justices explored potential modifications to the participation agreement, with some suggesting that while the arbitration provision might be enforceable, other clauses--such as those waiving claims against the business--could be problematic. Kessler acknowledged that the participation agreements could be revised, stating, "If the Court finds that certain provisions are enforceable while others are not, the agreement can be modified accordingly to ensure compliance with Pennsylvania law,"
The case has drawn attention from businesses across the Commonwealth and legal experts alike, as the Supreme Court's ruling could impact these types of agreements across various industries, including sports, recreational activities, and amusement parks. While some Justices expressed concerns about protecting a child's right to a jury trial, others noted that waivers are commonplace and essential for businesses operating in inherently risky environments.
A decision from the Supreme Court of Pennsylvania is expected in the next year.
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