Quiroz v. Jumpstreet, LLC

The case of Quiroz v. Jumpstreet, LLC involved a Texas appellate court’s examination of liability waiver enforceability in the context of a trampoline park. While not a haunted attraction case, the decision has direct implications for waiver drafting and enforcement in immersive entertainment venues, including haunted attractions and escape rooms.

The court analyzed several critical elements of waiver enforceability: whether the waiver language was clear and unambiguous, whether it specifically addressed the type of injury that occurred, whether the waiver was prominently displayed and actually signed by the patron, and whether the waiver complied with statutory requirements applicable to recreational activities. The court enforced the waiver but identified several elements that, if missing or poorly drafted, could render a waiver unenforceable.

For haunt operators, the Jumpstreet decision provides practical guidance on waiver language and presentation. Waivers must be clearly written, prominently displayed (not buried in fine print), specific about the types of risks and injuries covered, actually signed by the patron (not just available but unsigned), and compliant with state statutory requirements. Many states have adopted recreational activity liability waiver statutes that establish specific language requirements and presentation standards. A poorly drafted waiver—even if signed—may be struck down as unenforceable. The lesson is that waiver drafting requires care, specificity, and compliance with applicable state requirements. A generic waiver copied from another state’s form may not provide adequate protection.