Maryland 2025 Regular Session

Maryland Senate Bill SB642 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1
2	2
3	3	EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
4	4	[Brackets] indicate matter deleted from existing law.
5	5	sb0642
6	6
7	7	SENATE BILL 642
8	8	D3 5lr1612
9	9
10	10	By: Senators Gallion, Folden, and Bailey
11	11	Introduced and read first time: January 25, 2025
12	12	Assigned to: Judicial Proceedings
13	13
14	14	A BILL ENTITLED
15	15
16	16	AN ACT concerning 1
17	17
18	18	Courts – Prohibited Liability Agreements – Indoor Trampoline Parks 2
19	19
20	20	FOR the purpose of altering a provision of law that makes unenforceable a provision of a 3
21	21	contract or agreement limiting liability for injury caused by negligence or other 4
22	22	wrongful acts to apply the unenforceability only to contracts or agreements relating 5
23	23	to the use of an indoor trampoline park rather than the use of a recreational facility; 6
24	24	and generally relating to liability agreements and indoor trampoline parks. 7
25	25
26	26	BY repealing and reenacting, with amendments, 8
27	27	Article – Courts and Judicial Proceedings 9
28	28	Section 5–401.2 10
29	29	Annotated Code of Maryland 11
30	30	(2020 Replacement Volume and 2024 Supplement) 12
31	31
32	32	SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 13
33	33	That the Laws of Maryland read as follows: 14
34	34
35	35	Article – Courts and Judicial Proceedings 15
36	36
37	37	5–401.2. 16
38	38
39	39	(a) [(1) In this section, “recreational facility” means a commercial recreational 17
40	40	facility, a commercial athletic facility, or an amusement attraction. 18
41	41
42	42	(2) “Recreational facility” includes: 19
43	43
44	44	(i) Gymnasiums; and 20
45	45
46	46	(ii) Swimming pools. 21
47	47	2 SENATE BILL 642
48	48
49	49
50	50	(3) “Recreational facility” does not include: 1
51	51
52	52	(i) A lodging establishment, as defined in § 15–201 of the Business 2
53	53	Regulation Article, unless the lodging establishment owns, maintains, or operates a 3
54	54	recreational facility that is available for use by the general public; or 4
55	55
56	56	(ii) A unit of State or local government that leases land or facilities 5
57	57	to a recreational facility. 6
58	58
59	59	(b) This section does not apply to a health club services agreement, as defined in 7
60	60	§ 14–12B–01 of the Commercial Law Article, for services to be rendered for an adult. 8
61	61
62	62	(c)] Any provision in a contract or agreement relating to the use of [a recreational 9
63	63	facility] AN INDOOR TRAMPOLINE PARK that purports to limit the [recreational facility’s] 10
64	64	INDOOR TRAMPOLINE PA RK’S liability, or release the [recreational facility] INDOOR 11
65	65	TRAMPOLINE PARK from or indemnify or hold harmless the [recreational facility] 12
66	66	INDOOR TRAMPOLINE PA RK against liability, for injury caused by or resulting from the 13
67	67	negligence or other wrongful act of the [recreational facility] INDOOR TRAMPOLINE PA RK 14
68	68	or its agents or on–duty employees is against public policy and is void and unenforceable. 15
69	69
70	70	[(d)] (B) This section may not be interpreted to affect, extend, or limit the 16
71	71	liability of a governmental entity for a tort or other claim subject to Title 12, Subtitle 1 of 17
72	72	the State Government Article or Subtitle 3 of this title. 18
73	73
74	74	SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 19
75	75	October 1, 2025. 20