Waivers for Recreational Facilities and Maryland Premises Liability Law

Maryland’s Senate Bill 452 makes liability waivers at commercial recreational facilities unenforceable for injuries caused by ordinary negligence. That means a waiver you signed at a gym, trampoline park, or swimming pool can no longer block your injury claim the way it used to.

If you were hurt at a gym, pool, or trampoline park in Maryland, you may already have been told the waiver you signed means you have no case. Many people accept that at face value and never look into whether the facility was actually negligent, or whether the waiver they signed is still enforceable at all.

Before this law changed, that assumption was often correct. A signed waiver could completely block a valid injury claim, even when a facility’s own carelessness caused the harm, leaving injured people with no way to recover their medical bills or lost income. Many people still do not realize the rules changed, and facilities are not exactly rushing to tell them.

Understanding this new law is the first step to knowing where you actually stand. In this article, you will discover how the new law works, which facilities it covers, and how a Maryland premises liability attorney can help you pursue the compensation you are entitled to.

What Is a Liability Waiver?

A liability waiver is a legal contract you sign before using a facility or joining an activity, agreeing not to sue the business if you get hurt. You have likely signed one at a gym, a trampoline park, or before a fitness class without reading every line.

These agreements go by different names but work the same way. Here are the key terms you are most likely to encounter:

• Waiver: You give up your right to sue the business for injuries that happen during the activity.
• Exculpatory clause: Contract language that releases a business from responsibility for its own negligence, meaning its own careless conduct.
• Assumption of risk: A statement where you acknowledge that the activity carries inherent dangers and you agree to participate anyway.
• Indemnification clause: A provision requiring you to reimburse the business for any legal costs if it gets sued because of something you did.

Prior to October 1st, 2024, signing one of these documents in Maryland could completely eliminate your right to file an injury claim, even when the facility was clearly responsible. A major change in state law now limits how far these waivers can reach.

What Changed in Maryland Law on Recreational Waivers?

On October 1, 2024, Maryland’s Senate Bill 452 (SB 452) went into effect and changed how liability waivers work at recreational businesses. Under this law, liability waivers at commercial recreational facilities are void and unenforceable for injuries caused by ordinary negligence. Void means the agreement has no legal effect, it is treated as if you never signed it.

Here is what that shift looks like in practice:

• Before SB 452: A signed waiver was a powerful defense for businesses. If you got hurt because of a facility’s carelessness, a waiver could block your lawsuit entirely and leave you with no way to recover compensation.
• After SB 452: Waivers that attempt to excuse a facility’s ordinary negligence are now against public policy, meaning courts will not enforce them.
• What has not changed: Waivers for gross negligence and intentional misconduct were already unenforceable in Maryland before this law passed, and that remains true.

Maryland lawmakers passed this law because many people sign waivers without fully understanding they are giving up legal rights, often right before an activity without time to read the fine print.

Ordinary negligence means failing to use reasonable care, leaving a wet floor unmarked, skipping equipment inspections, or ignoring a known safety hazard. Gross negligence is far more reckless, such as a deliberate disregard for someone’s safety.

A facility can still ask you to sign a waiver when you arrive. But they can no longer use that signature to avoid accountability when their negligence causes an injury.

Which Recreational Facilities Are Covered?

The law applies to commercial recreational facilities, commercial athletic facilities, and amusement attractions. It specifically names gymnasiums and swimming pools, but the scope extends well beyond just those two examples.

You can generally expect the new rules to apply at places like:

• Gyms, health clubs, and fitness centers open to the paying public
• Indoor and outdoor swimming pools
• Trampoline parks and adventure parks
• Indoor rock climbing gyms
• Amusement parks and water parks
• Go-kart tracks, paintball arenas, and similar recreational venues
• Commercial sports complexes and athletic facilities

The key distinction is whether the business is commercial, meaning it charges for access and is open to the general public. A residential community pool or a private members-only club may not fall under this law.

Covered by the New Law	Generally Not Covered
A for-profit gym or fitness center	A private, invite-only club
A public swimming pool	A residential community pool
A ticketed amusement park	A free public park or playground
A commercial trampoline park	A school-sponsored athletic program
A for-profit indoor climbing gym	A nonprofit recreation center

Which Contracts Are Excluded from the New Law?

While SB 452 applies broadly, three specific types of situations fall outside its protections.

• Hotels and lodging establishments may be excluded under the law unless a recreational facility on the property is open to the general public. A hotel pool available only to guests may not be subject to the new rules.
• State and local government entities that lease land or a facility to a recreational business are not subject to the new waiver restrictions themselves.
• Adult health club service agreements are regulated under a separate Maryland statute and are specifically carved out of SB 452’s coverage.

If you are unsure whether the facility where you were hurt falls under this law, an attorney can review the details of your situation and tell you exactly where you stand.

How Does This Affect Maryland Premises Liability Claims?

Premises liability is the legal principle that holds property owners and businesses responsible when someone gets hurt because of an unsafe condition on their property. When a facility knows about a hazard and fails to fix it, they can be held legally accountable for the injuries that result.

Before SB 452, a signed waiver was often the first thing a facility would use to dismiss your injury claim. With that defense now gone for covered facilities, the legal focus shifts entirely to whether the business failed to keep you reasonably safe.

To succeed in a premises liability claim, you generally need to prove four things:

• Duty: The facility owed you a reasonable standard of care as a visitor or paying customer.
• Breach: The facility fell below that standard through careless action or by ignoring a known problem.
• Causation: That failure directly caused your injury.
• Damages: You suffered real harm, such as medical expenses, lost wages, or pain and suffering.

If your claim succeeds, you may be able to recover compensation for past and future medical bills, lost income while you recover, and payment for the pain and suffering the injury caused. The strength of your case depends on how clearly the facility’s negligence can be shown and how well documented your losses are.

Maryland follows a strict legal rule called contributory negligence, meaning that if you are found even 1% at fault for your own injury, you may be completely barred from recovering any compensation. This is one of the strictest standards in the country, and it makes how you document the incident from the very beginning extremely important.

Common examples of recreational facility negligence that can support a valid claim include:

• A gym fails to inspect equipment, and a machine breaks during normal use
• A pool deck stays wet after cleaning with no warning signs in place
• A climbing gym continues using a harness that is past its safe service life
• A trampoline park does not enforce weight or capacity limits, leading to a preventable collision

In the premises liability claims John Leppler has handled since SB 452 took effect, the facilities that fight hardest are the ones that never documented their own equipment inspections. A gym or climbing gym with no maintenance log is in a much weaker position now that its waiver can no longer do the work of shutting down the claim.

Do Parental Waivers for Minors Still Work?

Before SB 452, Maryland courts generally allowed parents to sign waivers on their children’s behalf, and those waivers could be used to block a child’s injury claim. That is no longer true for injuries at covered commercial recreational facilities.

Under the new law, a waiver a parent signs on a child’s behalf is unenforceable when a covered facility’s negligence caused the injury. Your child’s right to seek compensation is protected regardless of what you agreed to at the front desk.

Parental waivers may still hold up in settings that fall outside SB 452’s reach, such as school-sponsored events or nonprofit youth programs that do not qualify as commercial recreational facilities. Because the law is still relatively new, how courts apply it in borderline situations is still developing, and an attorney can help you understand where your case stands.

Attorney John Leppler has seen firsthand how differently Maryland courts are treating parental waivers since this law changed, particularly for injuries at trampoline parks and youth sports facilities in the Baltimore area. Parents are often surprised to learn that a waiver they signed for their child no longer ends the conversation the way it once did.

What Steps Protect Your Injury Claim?

If you are hurt at a recreational facility in Maryland, the steps you take immediately after the incident can directly affect your ability to recover compensation. Evidence disappears quickly, and delays can seriously weaken your case.

Report the Incident

Tell a manager or staff member about your injury right away and ask them to create an official incident report. Request a copy or note the report number before you leave the property.

Get Medical Care

See a doctor as soon as possible, even if the injury feels minor at first. A timely medical record creates a documented link between the incident at the facility and your injury, which is one of the most critical pieces of evidence in a claim.

Preserve Evidence

Use your phone to photograph the hazardous condition, your visible injuries, and the surrounding area. Save any receipts, tickets, or wristbands, and collect the names and contact information of anyone who witnessed what happened.

Avoid Quick Settlements

Do not give a recorded statement to an insurance adjuster or accept an early settlement offer before speaking with an attorney. Initial offers from insurers are almost always far below what your claim is actually worth.

Contact Leppler Injury Law

John Leppler can determine whether the facility is covered under the new law, preserve evidence before it disappears, and handle all communications with the insurance company while you focus on getting better.

Injured at a Maryland Recreational Facility?

If you or a family member was hurt at a gym, pool, amusement park, or similar facility, you may have significantly stronger legal protections today than before October 1, 2024. Contact Leppler Injury Law for a free consultation to discuss the details of your situation. John Leppler works on a contingency fee basis, which means you owe him nothing unless he recovers compensation for you.

FAQs

Does the New Law Apply to Waivers Signed Before It Took Effect?

The law applies to injuries that occur on or after October 1, 2024, regardless of when the waiver was originally signed.

Are School Programs or Nonprofits Considered Recreational Facilities under the New Law?

No, the law specifically targets commercial, for-profit facilities, so most school programs, nonprofit organizations, and community recreation groups fall outside its coverage.

Do Arbitration or Indemnity Clauses in a Waiver Still Apply?

SB 452 only voids the clauses that release a facility from liability for its own negligence, so other contract provisions, such as mandatory arbitration or indemnification requirements, may still be enforceable.

Can You Recover Damages If You Were Partly at Fault for the Accident?

Because Maryland follows the contributory negligence rule, being found even slightly at fault can completely bar you from recovering any damages, which is why having an attorney evaluate your claim early is so important.

How Long Do You Have to File a Personal Injury Claim in Maryland?

The statute of limitations, the legal deadline to file a lawsuit, for most personal injury claims in Maryland is three years from the date of the injury, though certain exceptions may apply.