EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
[Brackets] indicate matter deleted from existing law.
*sb0642*
SENATE BILL 642
D3 5lr1612
By: Senators Gallion, Folden, and Bailey
Introduced and read first time: January 25, 2025
Assigned to: Judicial Proceedings
A BILL ENTITLED
AN ACT concerning 1
Courts – Prohibited Liability Agreements – Indoor Trampoline Parks 2
FOR the purpose of altering a provision of law that makes unenforceable a provision of a 3
contract or agreement limiting liability for injury caused by negligence or other 4
wrongful acts to apply the unenforceability only to contracts or agreements relating 5
to the use of an indoor trampoline park rather than the use of a recreational facility; 6
and generally relating to liability agreements and indoor trampoline parks. 7
BY repealing and reenacting, with amendments, 8
Article – Courts and Judicial Proceedings 9
Section 5–401.2 10
Annotated Code of Maryland 11
(2020 Replacement Volume and 2024 Supplement) 12
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 13
That the Laws of Maryland read as follows: 14
Article – Courts and Judicial Proceedings 15
5–401.2. 16
(a) [(1) In this section, “recreational facility” means a commercial recreational 17
facility, a commercial athletic facility, or an amusement attraction. 18
(2) “Recreational facility” includes: 19
(i) Gymnasiums; and 20
(ii) Swimming pools. 21
2 SENATE BILL 642
(3) “Recreational facility” does not include: 1
(i) A lodging establishment, as defined in § 15–201 of the Business 2
Regulation Article, unless the lodging establishment owns, maintains, or operates a 3
recreational facility that is available for use by the general public; or 4
(ii) A unit of State or local government that leases land or facilities 5
to a recreational facility. 6
(b) This section does not apply to a health club services agreement, as defined in 7
§ 14–12B–01 of the Commercial Law Article, for services to be rendered for an adult. 8
(c)] Any provision in a contract or agreement relating to the use of [a recreational 9
facility] AN INDOOR TRAMPOLINE PARK that purports to limit the [recreational facility’s] 10
INDOOR TRAMPOLINE PA RK’S liability, or release the [recreational facility] INDOOR 11
TRAMPOLINE PARK from or indemnify or hold harmless the [recreational facility] 12
INDOOR TRAMPOLINE PA RK against liability, for injury caused by or resulting from the 13
negligence or other wrongful act of the [recreational facility] INDOOR TRAMPOLINE PA RK 14
or its agents or on–duty employees is against public policy and is void and unenforceable. 15
[(d)] (B) This section may not be interpreted to affect, extend, or limit the 16
liability of a governmental entity for a tort or other claim subject to Title 12, Subtitle 1 of 17
the State Government Article or Subtitle 3 of this title. 18
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 19
October 1, 2025. 20