Many of us have been there.  Our children are excited to attend a friend’s birthday party at a recreational facility with trampolines, rock climbing, or obstacle courses.  In order to attend, you are asked to sign a waiver of liability for your child.  If you don’t, your child cannot participate in the party activities.  As a parent, it can be a difficult and uncomfortable decision – do you waive your right to take legal action if your child is seriously injured as a result of the facilities negligence in, for example, maintaining their equipment or staffing properly, or do you tell your child they cannot attend the party?

Good news! As of October 1, the law regarding these waivers has changed. Governor Wes Moore signed Senate Bill 452 during the 2024 legislative session, declaring that contracts waiving liability for negligence of recreational facilities are void and unenforceable as against public policy. This means moving forward, consumers will no longer be asked to sign their rights away in order to use a recreational facility. 

The new legislation only applies to “commercial recreational facilities” and is meant to include recreational facilities, athletic facilities and amusement parks. Gyms and swimming pools are included under “recreational facilities”, however hotel clubs and health club agreements are not subject to the new law. 

The attorneys at O’Brien Law have many combined years of expert experience in premises liability.  If you have suffered an injury due to unsafe or dangerous conditions in a recreational facility, it will be important to find legal representation after receiving medical attention.  Enlisting the help of an attorney will ensure that your rights are protected and you receive the compensation you deserve. Contact us to learn more.