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Guide  |  Trampoline Park Litigation

Can you sue a trampoline park if you signed a waiver? In many situations, yes.

Parks use waivers to convince injured families there is nothing to be done. We are the firm that won a $15.6 million arbitration award in a trampoline park case that had one. Here is how these documents actually work, when they fail, and what to do next.

The waiver is the beginning of the analysis, not the end.

A signed waiver does not automatically end a trampoline park injury claim. Whether it holds is never a simple yes or no. It depends on a detailed analysis of the law of the state where the case is filed. It depends on the language of the waiver. And it depends on the facts surrounding it.

Every trampoline park requires a waiver, and every park's insurance company treats that document as the end of the conversation. That is what it is designed for. The first thing many injured guests hear, sometimes before they have left the building, is that they signed away their rights at the front desk.

The document is real. Its power is routinely overstated. Waivers are contracts and contracts have rules. They must be clear. They can only cover what the law allows. They only bind the people who actually agreed to them. When a serious injury happens because a park cut corners or concealed what it knew, the analysis has barely started when the waiver comes out of the filing cabinet.

What does a trampoline park waiver actually say?

Most trampoline park waivers do three things at once, and it helps to see them separately.

First, a release: language stating that the guest gives up the right to sue the park, and often a list of affiliated companies, for injuries at the facility. Second, an assumption-of-risk recital: a statement that jumping is dangerous and the guest accepts those dangers. Third, increasingly, an arbitration clause: an agreement that any dispute will be decided in private arbitration rather than by a jury.

Each piece has its own limits. The release only reaches the parties and conduct it lawfully covers. The assumption of risk only covers risks a guest could actually know about or reasonably appreciate. And the arbitration clause changes where a claim is decided, not whether it has merit.

Excerpt of the release section of a trampoline park waiver with the language releasing all liabilities highlighted
The release languageThe release section of the waiver from our Collins case with the key language highlighted. It purports to release all liability even for negligence. It did not end the case.

When do trampoline park waivers fail?

There is no master list. What follows are five ways we have attacked waivers in our own trampoline park cases.

1. The conduct went beyond ordinary negligence

In most states, a waiver cannot excuse gross negligence, recklessness, or willful misconduct. A park that ignores known hazards, skips inspections it knows are needed, or keeps a dangerous attraction running is not describing the ordinary risk of bouncing; it is describing conduct many courts will not let a form absolve. Where the line sits varies by state, which is exactly why these cases deserve evaluation rather than assumptions.

2. The danger was known to the park and hidden from you

A guest can accept a known risk. A guest cannot accept a hidden one. When the companies behind an attraction know it has hurt people before and say nothing to the families lining up to use it, the waiver does not answer for that silence. This principle was at the center of our Collins case, where the evidence showed the attraction that paralyzed our client had already proven dangerous at another park before it was installed.

3. The injured person was a child

Many states restrict a parent's ability to sign away a child's injury claims, and courts scrutinize these agreements closely. In 2025, the Pennsylvania Supreme Court held that trampoline park participation agreements and arbitration provisions signed by one parent were not enforceable against the injured minors or the non-signing parents in the circumstances before it. The rules differ state to state, but the pattern is consistent: children's claims are the place waivers fail most often.

4. The language was overbroad, unclear, or against public policy

Waivers are construed against the companies that drafted them. Documents that try to release everything, everywhere, forever, or that bury their terms, or that conflict with a state's public policy, can fail on their own words. The park chose the language. The park lives with its defects.

5. The right person did not sign

A waiver binds the people who agreed to it. When the signature on the form belongs to someone else, or when the person hurt was not the person who signed, enforceability becomes a genuine question rather than a foregone conclusion. Who signed, for whom, and with what authority is one of the first things we examine in every file.

These five are not the whole arsenal. Which arguments apply is never a simple yes or no. It takes a detailed analysis of the law of the state where the case is filed. It takes a close read of the waiver's language. It takes the facts surrounding the document and the injury. The best chance of overcoming a waiver belongs to the patron or the referring lawyer who retains counsel steeped in this law with a history of defeating these documents. We have that history. We have gotten justice for patrons who signed waivers at large franchise parks and at independent parks alike.

Five ways we have attacked waivers. There are more. Whether one fits your case takes a review not a guess.

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Does the arbitration clause kill the case?

No. An arbitration clause changes the forum, not the merits.

Parks route claims into arbitration because they believe the private forum favors them: no jury, less publicity, a faster clock. What arbitration does not do is make evidence disappear. A claim that is fully investigated and fully prepared can be won there, and ours was. We prepared the Collins matter the way we prepare a jury trial, and the arbitrator entered a $15.6 million award, with a finding that there had been a systemic failure to bring necessary information to the patron.

There is also a reason the forum does not worry us: arbitration is a specialty of this firm. Humphrey, Farrington & McClain has handled more than 1,000 arbitrations since 2020, work that has produced more than $100 million in awards for our clients. That experience builds something no waiver can take away: a working knowledge of the arbitrators themselves, how they run their proceedings, what evidence they credit, and how to try a case to the person actually deciding it. When a park's paperwork moves your claim into arbitration, it is moving the claim into the forum where we do much of our work.

From the Arbitration Award  |  September 14, 2023
"I conclude that there was a systemic failure to bring necessary information to the patron, and that given the recognized risk of serious injury, the failure to timely implement those changes resulted in the injuries to Mr. Collins."
Arbitrator's Award in the Collins arbitration
Case Account The Collins arbitration: how a signed waiver became a $15.6 million award →

What should you do if you were seriously hurt after signing a waiver?

Do not accept the park's answer about your rights. Act immediately. The evidence that beats a waiver disappears fast.

The argument against a waiver is built from proof: the surveillance video, the inspection and maintenance logs, the staffing and training records, the prior incident reports, and the franchisor's file on the attraction. Some parks keep video for only a matter of weeks. Get medical care, keep the waiver and your receipts, photograph what you can, and contact us before you give any statement to the park's insurer. Once we are retained, we put the park on notice and send the preservation demands ourselves. We know what to demand because we have demanded it before.

Waiver Questions

Common questions about trampoline park waivers.

Is a trampoline park waiver a contract?

Yes. A waiver is a contract, and it is read like one. That cuts both ways: parks rely on the document, but the ordinary rules of contract law apply to it, including requirements of clear language, defenses to enforcement, and limits imposed by state law and public policy. A waiver is only as strong as its words, its signer, and the facts it is asked to cover.

Does a waiver protect a trampoline park from gross negligence?

In most states, no. Courts generally refuse to enforce waivers against claims involving gross negligence, recklessness, or willful misconduct, even where the same waiver would cover ordinary negligence. The line between ordinary and gross negligence is state-specific and fact-intensive, which is one reason these cases deserve careful evaluation rather than assumptions.

I signed the waiver electronically before we arrived. Does that change anything?

Electronic signatures are generally valid, so signing online does not by itself defeat a waiver. But enforceability still turns on the same questions as a paper waiver: what the document says, who signed it, and what caused the injury. How the terms were presented online can also matter in some cases.

Someone else signed the waiver for me. Am I bound by it?

Not necessarily. Who signed, and on whose behalf, is one of the first questions in any waiver dispute. Courts have declined to enforce agreements against people who did not sign them in a range of circumstances, including cases involving minors and non-signing parents. It is a fact-specific question worth answering before anyone concludes there is no case.

Can the equipment manufacturer rely on the waiver I signed with the park?

Often the analysis is very different for a manufacturer. The waiver is an agreement between the guest and the parties it names, and claims against the companies that designed, built, or sold a dangerous attraction may proceed on product liability theories that the park's paperwork does not reach. This is one of the reasons trampoline park cases need to be investigated beyond the local operator.

How long do I have to challenge a waiver and bring a claim?

Deadlines vary by state and by the type of claim, and different rules can apply to children's claims. The practical deadline is much shorter than any statute: surveillance video and maintenance records can disappear within weeks. Have the case evaluated immediately so preservation demands go out while the evidence still exists.

Told you have no case because you signed a waiver?

That is the park's answer. Get ours. We accept a small number of serious trampoline park injury cases each year, and the consultation is free, confidential, and with a lawyer.

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For referring and co-counsel attorneys

Waiver and arbitration issues are where most firms step away from trampoline park cases. They are where we start. If you have a client with a serious trampoline park injury, call Tim Kingsbury at (816) 836-5050.

(816) 836-5050

Past results afford no guarantee of future results. Every case is different and must be judged on its own merits.

Published by
Tim Kingsbury, trial attorney at Humphrey, Farrington & McClain
Tim Kingsbury Trial Attorney, Humphrey, Farrington & McClain, P.C.

Tim Kingsbury is a trial attorney at Humphrey, Farrington & McClain whose practice focuses on serious injury litigation against trampoline and adventure parks. He represents injured people directly and works with referring counsel on trampoline park cases in states across the country.

Page published September 1, 2026. Last updated September 4, 2026.

More From This Practice

Sources

  1. Arbitrator's Award in the Collins arbitration (September 14, 2023).
  2. Supreme Court of Pennsylvania, 2025 decision addressing enforceability of trampoline park participation agreements and arbitration provisions against injured minors and non-signing parents.
  3. Additional background on trampoline park safety, regulation, and injury data: see the sources listed on our trampoline park injury page.
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