In Tampa HCP, LLC v. Bachor, Case No. 2D11-505 (Fla. 2nd DCA Oct. 26, 2011), the court determined that an arbitration agreement executed by the personal representative of an assisted living facility resident was not unconscionable and that the personal representative had knowingly and voluntarily waived the right to trial by jury. The personal representative executed the two-page arbitration agreement as part of the assisted living facility’s admission packet. The agreement did not contain any limitations on damages, discovery, appellate rights or any other limitations. It provided that the personal representative had the right to review the agreement with a lawyer, and that signing the agreement was not a precondition to admission to the facility. Furthermore, the personal representative had the right to rescind the agreement within three days of executing it.
The court concluded there was no evidence that the personal representative was tricked into signing the agreement or that the agreement had to be signed in order for the facility to grant admission to the individual. In addition, the personal representative could have rescinded the agreement within three days of signing it, but failed to do so. Thus, the court held that the totality of the circumstances reflected that the personal representative had a meaningful opportunity to review the arbitration agreement, to obtain guidance, and to accept or reject the terms of the arbitration agreement.