HOUSTON - A release with an arbitration clause signed during a visit to Pearland Urban Air is still valid after leaving and coming back on a later date, according to the 14th Court of Appeals.
Court records show Abigail Cerna and her minor son visited Urban Air, an indoor trampoline park, on Aug. 30, 2020. She signed a release and indemnification agreement on her son’s behalf, which contained an arbitration clause.
A few months later, Cerna and her son visited Urban Air again on Nov. 21, 2020. However, this time, Cerna did not sign a new agreement. During the visit, her son allegedly “jumped on a trampoline and cut his foot on a metal object,” states the 14th Court’s Feb. 8 opinion.
Cerna sued Urban Air for negligence and the company moved to compel arbitration, which was denied by the trial court.
On appeal, Urban Air argued that it proved a valid arbitration agreement exists and that Cerna’s claims on behalf of her son come within the agreement’s scope.
Justices found that the trial court erred when it denied the motion to compel arbitration on the ground that Urban Air and Cerna never entered into a valid arbitration agreement that is binding on the son.
“We hold that Urban Air proved conclusively the existence of a valid agreement containing an arbitration clause,” the opinion states.
“We reverse the trial court’s order denying Urban Air’s motion to compel arbitration and remand the case to the trial court for entry of orders compelling the parties to arbitration and staying the litigation proceedings pending completion of the arbitration.”
Appeals case No. 14-23-00090-CV