When you buy or use tickets for a concert, game, or event, you are not just buying entry. You are usually agreeing to a set of legal terms and conditions. Those terms often include limits on liability, waivers of claims, and requirements that disputes be resolved in arbitration instead of court.
A recent South Florida case involving the Miami Dolphins shows just how real those terms can be.
The Case in Plain English
In Miami Dolphins, Ltd. v. Engwiller, a fan was injured during a Dolphins game and sued the team and stadium for negligence. She never bought the ticket herself. Her mother accepted the electronic ticket through the team’s website and presented it on her phone to get everyone into the stadium.
The ticket terms, which were linked on the login page but never separately clicked, required arbitration in Miami and limited how claims could be brought.
The trial court initially refused to enforce those terms. The Third District Court of Appeal reversed and compelled arbitration.
Why the Court Enforced the Terms
Three points from the decision matter for businesses and consumers alike.
First, ticket terms are contracts.
Courts routinely enforce arbitration clauses and liability limitations tied to tickets. If the terms are properly presented, they are binding.
Second, even “browsewrap” agreements can be enforced.
This was not a clickwrap agreement where the user had to check a box. It was closer to a browsewrap agreement. The court still enforced it because the hyperlink to the terms was conspicuous, clearly labeled, and placed directly next to the login button. That was enough to put a reasonable user on notice.
Third, using the ticket ratified the agreement.
The injured fan never personally agreed to the terms. But once she allowed her mother to present the ticket for entry, she ratified the agreement. By accepting the benefit of admission, she accepted the conditions attached to the ticket. Agency and ratification principles applied, even without prior authorization.
The Takeaway
If you are a business, this case is a reminder that well-drafted online terms matter. Placement, clarity, and structure can determine whether your arbitration clause or liability waiver is enforced.
If you are a consumer, it is a reminder that clicking through — or even just showing up — can carry legal consequences you never saw coming.
Hopkins PA is based in South Florida and regularly advises businesses on drafting enforceable online terms, ticketing agreements, and arbitration provisions.
For consumers and businesses, we also review contracts before you sign them, so you understand the risks instead of learning about them in court.
If you want stronger agreements. Or fewer surprises. Contact Hopkins PA.