What Sky Zone's Participation Agreement Says — and What Three Courts Decided
A participation agreement, often called a release, is a document a guest signs before entering. It may try to limit the operator's liability for injuries, require disputes to go to arbitration instead of court, or both. Arbitration is a private way of resolving disputes outside the court system, decided by an arbitrator rather than a judge or jury.
The version of Sky Zone's agreement quoted by the Pennsylvania Supreme Court contained this language:
"I understand that by agreeing to arbitrate any dispute as set forth in this section, I am waiving my right, and the right(s) of the minor child(ren) above, to maintain a lawsuit against [Sky Zone] and the other Releasees for any and all claims covered by this Agreement. By agreeing to arbitrate, I understand that I will NOT have the right to have my claim determined by a jury, and the minor child(ren) above will NOT have the right to have claim(s) determined by a jury."
That Pennsylvania version also said claims "SHALL BE BROUGHT WITHIN ONE YEAR OF ITS ACCRUAL (i.e., the date of the alleged injury)." The New Jersey version said one year "FOR AN ADULT AND WITHIN THE APPLICABLE STATUTE OF LIMITATIONS FOR A MINOR." Courts decided what parts of these documents could be enforced, and the three results differ.
| State and decision | Who signed | Arbitration outcome |
|---|
| Pennsylvania, Nos. 24 EAP 2023 and 25 EAP 2023 (2025) | One parent, for a minor | Not enforceable against the minor or the non-signing parent |
| West Virginia, No. 20-0344 (2021) | The minor himself | No valid, enforceable arbitration agreement after he disaffirmed |
| New Jersey, Docket No. A-1861-20 (2022) | An adult, for himself | Valid and enforceable; claims sent to arbitration |
Pennsylvania (2025): a parent signed for a child
In Nos. 24 EAP 2023 and 25 EAP 2023, decided September 25, 2025, the Supreme Court of Pennsylvania considered an agreement one parent had signed on behalf of a minor. It held the arbitration provision was not enforceable against the injured minor or against the parent who did not sign, finding that "parents are without authority to bind a minor child to an agreement to arbitrate." The Court affirmed the Superior Court's orders.
The Court limited its ruling. It decided the arbitration provision only: the release of liability was "outside of the scope of this appeal," and the Court did not reach the agreement's attempt to shorten the time to bring a claim. Two Justices filed an opinion concurring in part and dissenting in part. This is Pennsylvania law only.
West Virginia (2021): a minor signed for himself
In memorandum decision No. 20-0344, filed February 19, 2021, the Supreme Court of Appeals of West Virginia dealt with a release the record showed was signed by the minor himself, not a parent. It applied the long-standing West Virginia rule that "[c]ontracts by minors are generally not void, but voidable only, and may be ratified or disaffirmed after majority." Because the minor disaffirmed the release, its arbitration clause and its delegation provision on reaching adulthood, the Court found "no error in the circuit court's determination that there was no valid, enforceable arbitration agreement between the parties." It also rejected an equitable estoppel argument. This is West Virginia law only.
New Jersey (2022): an adult signed for himself
In Docket No. A-1861-20, decided May 16, 2022 and approved for publication, the Superior Court of New Jersey, Appellate Division addressed an adult who placed a check mark next to an arbitration provision contained in an agreement he signed to enter a trampoline park. The court held the provision "valid and enforceable" and called its language "a clear and unambiguous waiver of plaintiff's right to a jury trial and to pursue his claims in a court of law." It remanded for an order compelling him to arbitrate his personal-injury claims against the Sky Zone defendants. This is New Jersey law only.
What the three rulings do and do not mean
No one of these decisions is the rule everywhere. A ruling that a dispute goes to arbitration is not a ruling that a claim is barred, and a ruling that arbitration cannot be forced is not a ruling that a release is invalid. What a participation agreement does in any other state depends on that state's law and the facts, including who signed, their age and what the document said. The Urban Air release decisions show courts weighing similar questions about another operator's paperwork.
For a reader holding a signed kiosk form, the practical points are who actually signed it, how old the injured person was, and whether a copy of the agreement can be obtained. Those are the facts these courts looked at first.