📋 Overview

You've received a demand letter claiming a guest was injured at your trampoline park or indoor recreation facility. The signed waiver is your primary defense, but assumption of risk and other doctrines provide additional protection.

⚠ Locate the Waiver

The signed waiver is your most critical defense document. Locate and preserve it immediately, whether digital or paper.

🕒 Preserve Footage

Security camera footage is essential. Most systems overwrite within 7-30 days. Issue immediate preservation order.

💰 Inherent Risk Activity

Trampolining is an inherent risk activity. Guests who participate voluntarily assume the risks of falls, collisions, and landing injuries.

Common Trampoline Park Injury Claims

  • Broken bones - Ankle, wrist, and leg fractures from falls and landings
  • Spinal injuries - Failed flips, landing on head/neck
  • Collision injuries - Multiple jumpers on same trampoline
  • Foam pit injuries - Landing on hidden objects or other jumpers
  • Wall injuries - Contact with trampoline court edges
  • Dodgeball injuries - Impact injuries during games

Legal Services Pricing

  • 📄 Demand letter: Flat fee $450
  • ⏱ Extended negotiation: $240/hr
  • 📊 Contingency: 33-40% for strong claims

📝 Waiver Defense

Trampoline parks require signed waivers for good reason - they are the primary legal defense against injury claims.

Waiver Enforceability

Courts in most states enforce properly drafted trampoline park waivers because:

  • Trampolining is a voluntary recreational activity
  • Participants choose to engage knowing the risks
  • Waivers are signed before participation
  • The activity is not a public necessity
  • There is no unequal bargaining power

💡 California Waiver Law

California enforces exculpatory agreements for recreational activities where: (1) the release is clear and unambiguous, (2) the activity is recreational and voluntary, and (3) the release does not violate public policy. (See Tunkl v. Regents, Civil Code 1668.)

What Waivers Protect Against

  • Ordinary negligence claims
  • Injuries from normal trampoline use
  • Collisions with other jumpers
  • Falls and landing injuries
  • Contact with equipment during normal use

What Waivers Do NOT Protect Against

  • Gross negligence - Reckless disregard for safety
  • Intentional misconduct - Deliberate harm
  • Equipment defects - Broken or defective trampolines
  • Fraud - Misrepresentation of safety
  • Statutory violations - Failure to meet safety codes

⚠ Minor Waivers

For minor injuries, ensure the waiver was signed by a parent or legal guardian. In California, parental waivers are generally enforceable for recreational activities. Verify the signatory's relationship to the minor and their legal authority to sign.

🛡 Additional Defense Strategies

Beyond the signed waiver, multiple legal doctrines protect trampoline park operators.

Primary Assumption of Risk

Trampolining involves inherent risks that cannot be eliminated without destroying the activity. Jumping, landing, falling, and contact with other jumpers are fundamental to the experience. Guests who voluntarily participate assume these inherent risks.

When to use: All injuries from normal trampoline activity including falls, collisions, and landing injuries.

Contributory/Comparative Negligence

If the injured guest was violating rules - double-bouncing, attempting stunts beyond their ability, ignoring capacity limits, or jumping while intoxicated - their own negligence caused or contributed to the injury.

When to use: Guest was performing prohibited stunts, ignoring staff instructions, or violating posted rules.

ASTM F2970 Compliance

Demonstrating compliance with ASTM F2970 Standard Practice for trampoline park operations establishes that the facility met industry safety standards. This includes court design, padding, supervision ratios, and signage requirements.

When to use: All claims - compile documentation showing compliance with industry standards.

Adequate Warnings

Posted rules and warnings, safety briefings, and the waiver itself all establish that guests were fully informed of the risks. This supports both the waiver defense and assumption of risk.

When to use: Document all posted warnings, safety videos shown, and verbal instructions given.

Proper Supervision

Maintaining appropriate staff-to-guest ratios and having trained court monitors demonstrates reasonable care. Document supervisor positions, training records, and intervention protocols.

When to use: Claims alleging inadequate supervision - show staffing met ASTM/IATP guidelines.

🚨 High-Risk Claims

  • Spinal injuries - Catastrophic damages; verify all protocols followed
  • Equipment failure - Must show proper maintenance and inspection
  • Staff negligence - Actions outside waiver protection
  • Child injuries - Verify parental waiver properly signed

🔍 Evidence to Preserve

Strong documentation is essential for defending trampoline park claims.

Critical Documents

  • Signed waiver - The most important document; locate immediately
  • Waiver timestamp and IP (digital) - Proof of when/how signed
  • Surveillance footage - All cameras covering the incident area
  • Incident report - Staff documentation of what happened
  • First aid records - Treatment provided on-site

Facility Documentation

  • Daily equipment inspection logs
  • Trampoline maintenance and replacement records
  • Staff training and certification records
  • Supervisor schedules and positions for that day
  • Photos of posted warning signs and rules
  • Safety briefing video (if shown to guests)

Witness Information

  • Court monitor who witnessed the incident
  • Front desk staff who processed the waiver
  • Other guests who may have witnessed events
  • First aid responders

💡 Digital Waiver Systems

If you use a digital waiver system, retrieve the complete record including IP address, timestamp, device information, and the exact version of waiver language that was signed. This metadata can defeat claims that the waiver was forged or that the guest didn't read it.

📝 Sample Response Letters

Waiver Defense Response
Re: Demand Letter dated [DATE] - [GUEST NAME] We dispute liability for the injuries alleged in your demand letter. ENFORCEABLE WAIVER Prior to entering our facility, your client signed a Waiver and Release of Liability on [DATE] at [TIME]. This waiver clearly stated: [Quote key waiver language regarding assumption of risk and release of liability] Your client acknowledged understanding these risks and voluntarily chose to participate. This waiver is enforceable under California law as: 1. The release language is clear and unambiguous 2. Trampolining is a voluntary recreational activity 3. The agreement was signed before participation 4. There was no unequal bargaining power The injuries described in your letter arise from inherent risks of trampolining that your client expressly assumed. ASSUMPTION OF RISK Additionally, under primary assumption of risk doctrine, your client assumed the inherent risks of this recreational activity including falls, collisions, and landing injuries. These risks are fundamental to trampolining and cannot be eliminated. This claim is barred by the signed waiver and assumption of risk. We deny all liability. [FACILITY NAME]
Comparative Fault Defense
Re: Demand dated [DATE] - Guest Misconduct We dispute liability for your client's injuries on [DATE]. In addition to the enforceable waiver your client signed, our investigation reveals that your client's own conduct caused this injury: VIOLATION OF POSTED RULES Our facility has clear rules prohibiting [describe violation - e.g., "double-bouncing," "attempting flips without training," "having multiple jumpers on a single trampoline beyond capacity limits"]. Surveillance footage from [TIME] shows your client [describe the misconduct observed]. Our court monitor [NAME] had previously instructed your client to [describe warning given]. Your client disregarded this instruction. SUPERSEDING CAUSE Your client's violation of clearly posted rules and staff instructions was the sole proximate cause of the injury. This supersedes any alleged negligence on our part. Combined with the enforceable waiver, this claim is denied in its entirety. [FACILITY NAME]
Safety Compliance Defense
Re: Response to Demand dated [DATE] We dispute liability for the alleged incident and provide the following information regarding our safety compliance: WAIVER Your client signed an enforceable Waiver and Release on [DATE] acknowledging the inherent risks of trampolining and releasing our facility from liability. ASTM F2970 COMPLIANCE Our facility operates in full compliance with ASTM F2970 Standard Practice for Trampoline Courts: - Court design meets all padding and clearance requirements - Supervision ratios exceeded standard on the date in question - All required warning signage was posted and visible - Daily equipment inspections were completed and documented - Staff were trained and certified per IATP guidelines EQUIPMENT MAINTENANCE The trampoline involved in this incident: - Passed daily inspection on [DATE] - Was last professionally serviced on [DATE] - Had no reported defects or concerns prior to this incident Our facility met or exceeded all applicable safety standards. Combined with the enforceable waiver and your client's voluntary assumption of inherent risks, this claim is denied. [FACILITY NAME]

🚀 Next Steps

Step 1: Locate Waiver

Find and preserve the signed waiver - this is your primary defense document.

Step 2: Preserve Footage

Issue litigation hold for all security camera footage from the incident date.

Step 3: Notify Insurance

Report the claim to your general liability carrier immediately.

Step 4: Legal Review

Have attorney assess waiver validity and prepare formal response.

Need Professional Assistance?

Get expert help defending against trampoline park injury claims.

Schedule Consultation - $450

Resources

  • ASTM F2970: Standard Practice for Trampoline Courts
  • IATP: International Association of Trampoline Parks
  • California Civil Code 1668: Exculpatory contract limitations
  • Tunkl v. Regents: Waiver enforceability factors