Amusement Park Riders Beware
Before you sign a waiver, prior to boarding a ride at an amusement park, or a ski resort, etc., be aware that according to one Pennsylvania judge, the waiver is a binding contract. The same holds true if your spouse signs on your behalf.
Judge Arthur Zulick of the Monroe County Court of Common Pleas, ruled in favor of Camelback Mountain Adventures, when a visitor claimed she was injured while riding the Mountain Coaster. The rider did not sign the Camelback written release and indemnification form, but her husband did, and Judge Zulick ruled that his signature was enough to make the waiver hold up.
The last paragraph of the waiver states: “I have read and understand the above release, agreement not to sue, and acknowledgment of risks, and am voluntarily signing below, manually or electronically, with the intent to be legally bound by this contract with the consent of my spouse (if any) and understand that I may be giving up rights of my child and spouse to sue as well as giving up my own right to sue. I further agree that if any part of this contract is determined to be unenforceable, all other parts shall be given their full force and effect.”
The waiver also misspelled the word indemnify as “imdemnify” but the judge wasn’t buying that argument either, citing that the misspelling was not and could not be taken to be ambiguous language