Santiago v. Philly Trampoline Park, LLC

The case of Santiago v. Philly Trampoline Park, LLC examined waiver enforcement in Pennsylvania and provides important guidance for all entertainment venue operators, including haunted attractions and escape rooms. The court addressed several critical questions about how waivers must be drafted, presented, and executed to be enforceable.

First, the court emphasized that waivers must be clearly written in plain language, not obscured by excessive legal jargon or hidden in dense fine print. Second, the patron must actually sign the waiver or provide affirmative consent to its terms; a waiver available at the entrance but unsigned provides no protection. Third, the waiver must specifically address the type of injury that occurred—a general liability release may not protect against specific risks if not clearly enumerated.

For haunt operators, Santiago provides practical guidance: design your waiver specifically for your attraction, clearly identifying the risks patrons will encounter. Use plain language. Present the waiver prominently and require affirmative signature or digital consent. Do not assume that having a waiver on file provides protection; it must be properly executed by the patron. Additionally, state-specific requirements apply; a waiver that complies with Missouri law may not meet Pennsylvania requirements. Operators should consult with legal counsel to ensure their waivers are drafted for the specific state(s) where they operate and that they comply with that state’s requirements for waiver enforceability.