The New Jersey Appellate Division issued two SkyZone-arbitratoin cases in a single day. In this one, the Court addressed the enforceability of an arbitration provision in an agreement signed by a fifteen-year-old minor to gain access to the commercial trampoline park. The Court held that the arbitration provision was not enforceable because New Jersey has a long-recognized the “infancy defense,” which holds that a person can disaffirm a contract he or she entered before reaching the age of majority and avoid being bound by the terms of the contract. Furthermore, SkyZone did not present sufficient evidence to use the estoppel exception to the infancy defense. Thus, the arbitration clause in the trampoline’s part terms of use was voidable at the minor’s election.
