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Individual who permits third party to by a ticket and present the ticket for admittance to an event on his behalf is bound by term requiring arbitration

               Ashton Mott purchased a ticket for WrestleMania 38 for himself and his uncle Marvin Jackson.

               While purchasing the ticket online, Mott was required  to agree to arbitrate disputes.  

               After Mott purchased the tickets, he stored them on his phone, and presented both his ticket and Jackson’s ticket to the attendant when they entered the stadium.

               Jackson maintains a pyrotechnic blast at the beginning of the performance caused him to lose most of his hearing in his left car.  He sued in Texas state court alleging negligence causing his hearing loss. 

               Responding to a  Motion to Compel Arbitration, Jackson argued the arbitration agreement is unenforceable against him because Mott did not have actual or apparent authority to act on Jackson’s behalf agreeing to arbitration of disputes.

               Applying traditional agency principles, the court held Mott did act as Jackson’s agent when Jackson allowed him to present the ticket on his behalf for admittance to the stadium.  Accordingly, Jackson was bound by the agreement to arbitrate.

Marvin Jackson v World Wresting Entertainment, Incorporated, No 23-10491 (Fifth Circuit, March 8, 2024).

 
 
 

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