Urban Air Once Again Moves to Compel Arbitration
We have had quite a few cases involving Urban Air franchises. An Illinois court held that a mother could bind her daughter, who was injured at an Urban Air amusement park, to an arbitration agreement. A Texas court allowed a different Urban Air venue to compel arbitration of a claim by another injured child where the child’s mother had signed an arbitration agreement on a previous visit to the venue but had not agreed to arbitrate matters relating to the visit on which the child was injured.
This case brings a new wrinkle. John Hinton was injured at an Urban Air park in Jacksonville, Florida when he slipped on a wet spot in the restroom. His argument was that he signed an arbitration agreement in connection with his child’s participation in the activities at the amusement park. He did not agree to arbitrate his own claims that did not involve any of the amusements on offer.
The trial court agreed, denying Urban Air’s motion to compel arbitration. On appeal in Urban Air Jacksonville, LLC v. Hinton, Florida’s Fifth District Court of Appeal reversed.
An arbitration, after the manner of Edward Gorey, image by DALL-E
That seems correct. The arbitration clause is broad, applying to:
ANY DISPUTE OR CLAIM ARISING OUT OF OR RELATING TO THIS AGREEMENT, BREACH THEREOF, THE PREMISES, ACTIVITIES, PROPERTY DAMAGE (REAL OR PERSONAL), PERSONAL INJURY (INCLUDING DEATH), OR THE SCOPE, ARBITRABILITY, OR VALIDITY OF THIS ARBITRATION AGREEMENT (DISPUTE) SHALL BE BROUGHT BY THE PARTIES IN THEIR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE CAPACITY, AND SETTLED BY BINDING ARBITRATION BEFORE A SINGLE ARBITRATOR ADMINISTERED BY THE AMERICAN ARBITRATION ASSOCIATION (AAA).
The trial court thought that the agreement related only to Mr. Hinton’s child’s participation in activities at Urban Air, and Mr. Hinton’s injury was not covered by the agreement but was only incidental to it. However, the agreement defines “Participant” broadly: “Collectively and severally, Adult Participant and Child Participant, their heirs, successors, and assigns are hereinafter referred to as the Participant. . . . “
The agreement covers all activities at the venue, including any “portion of the premises,” and it covers injuries from “slipping, falling, or tripping.” Resistance is futile. That said, I’m not sure what this plaintiff has to fear from arbitration.