Having Fun Is Not as Hard When You Have an Arbitration Clause: The Current Benefits and Possible Changes to the Arbitration Agreements of Amusement Parks and Recreational Resorts for Consumers

Authors

Cynthia Spitzer, Benjamin N. Cardozo School of Law

Abstract

This Note will evaluate options that are more favorable for consumers to bring their injury claims against amusement parks and recreational resorts when the route for resolution is limited by an agreement. For instance, the option of an arbitration agreement would be more preferable when faced with only the option of a liability waiver. However, with possible future changes of consumer contracts from the FAIR Act, opt-in provision, or mandatory arbitration imposed on the corporations, the route for resolution can drastically change and improve the realm of possibility for consumers of amusement parks and recreational resorts.

Disciplines

Banking and Finance Law | Consumer Protection Law | Contracts | Dispute Resolution and Arbitration | Human Rights Law | Law

Recommended Citation

Cynthia Spitzer, Having Fun Is Not as Hard When You Have an Arbitration Clause: The Current Benefits and Possible Changes to the Arbitration Agreements of Amusement Parks and Recreational Resorts for Consumers, 26 Cardozo J. Conflict Resol. 521 (2025).
Available at: https://larc.cardozo.yu.edu/cjcr/vol26/iss3/6