Plaintiff’s attorney registered to use defendant’s website, agreeing to its arbitration clause, before accessing the website’s picture of plaintiff and then filing suit for plaintiff, alleging that defendant’s commercial use of her picture violated Ohio’s right of publicity law. This decision reverses denial of defendant’s motion to compel arbitration, finding there are unresolved questions of fact as to whether the attorney-client (agent-principal) relationship had already been formed before the attorney agreed to the arbitration clause, and, if not, whether plaintiff ratified the attorney’s acting for her by knowingly accepting the benefits of his agreement to the clause and consequent access to her picture. The defendant didn’t waive the right to seek discovery on these issues by first moving to compel arbitration and requesting discovery only if the motion weren’t granted without it.