NJ A5272

Health club services contracts would be prohibited from including clauses that limit the health club's liability for injuries caused by negligence of the owner, operator, or their agents and employees

The bill codifies the dissenting opinion from Justice Albin in Pulice v. Green Brook Sports & Fitness (2018), which argued such liability waivers should be void as against public policy

Violations would constitute unlawful practices under New Jersey's Consumer Fraud Act, with penalties of up to $10,000 for a first offense and $20,000 for subsequent offenses

Additional enforcement mechanisms include cease and desist orders from the Attorney General, punitive damages, and treble damages plus costs awarded to injured parties

The law would take effect on the first day of the ninth month following enactment