Does the Arbitration Clause in an Urban Air Release Apply to You? What Three State Courts Decided
Arbitration is a private dispute-resolution process outside of court, in which a neutral arbitrator decides the dispute. Arbitrability is the question of whether a particular dispute must go to arbitration rather than to court. The releases in the Texas and Missouri cases contain this clause, as the Supreme Court of Missouri's opinion reproduces it:
"Any dispute or claim arising out of or relating to this Agreement, breach thereof, the Premises, Activities, property damages (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) per its Commercial Industry Arbitration Rules in effect at the time the demand for arbitration is filed."
In the Supreme Court of Texas, No. 24-0273, opinion delivered May 23, 2025, a parent signed the release on a first visit. The clause sends disputes over "the scope, arbitrability, or validity" of the arbitration agreement to arbitration. Whether the release also covered a later visit was a scope question, so an arbitrator decides it, not a court. The Court affirmed and remanded for an order compelling arbitration, and it stated that it expressed "no opinion" on whether the release covered the later visit.
In the Florida Fifth District Court of Appeal, Case No. 5D2024-1487, decided July 11, 2025, an adult patron had accepted the agreement. It sends personal-injury claims to arbitration and covers "use of any portion of the Premises," not only the listed activities. The court held that the claim had "a significant relationship" to the agreement and had to be arbitrated, so it reversed and remanded for an order compelling arbitration. The opinion states it is "not final until disposition of any timely and authorized motion" under Florida's appellate rules.
In the Supreme Court of Missouri, No. SC100512, opinion issued March 4, 2025, a parent had signed the release for a minor. The release sends disputes over its "scope, arbitrability, or validity" to arbitration. That delegation clause was not specifically challenged, so the challenges to the signer's authority and to whether the release reached beyond the day it was signed go to the arbitrator, not a court. The Court vacated the order refusing arbitration and remanded for an order compelling it. It wrote that nothing in its opinion "should be taken as suggesting how the arbitrator should rule," and it decided neither challenge.
None of the three courts ruled on the release of liability or on whether the injury claim had merit, and each ruling is that state's law only. These rulings settled where a dispute is heard, not who was at fault. For a reader, the state where the incident happened and the document that was signed are the two facts that determine whether any of them bears on a claim.