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SB 642

Relating to: creating a landlord fire prevention grant program, granting rule-making authority, and making an appropriation. (FE)

2025-2026 Regular Session Introduced by Dora Drake and 5 co-sponsors

The bill narrows liability-waiver rules to apply only to indoor trampoline parks, voiding such provisions only for those facilities.

Failed to pass pursuant to Senate Joint Resolution 1
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Bill Summary · SB 642

SB 642 — Courts: Prohibited Liability Agreements — Indoor Trampoline Parks

Status: Hearing scheduled 2/11 at 1:00 p.m.
Introduced: February 20, 2025
Sponsor(s): Senators Gallion, Folden, Bailey (et al.)
Key citation changed: Md. Courts & Judicial Proceedings § 5‑401.2
Effective date in bill: October 1, 2025

Purpose / Intent

The bill narrows an existing 2024 statute (Chapter 941 / § 5‑401.2) that declared certain liability‑limiting provisions in contracts void as against public policy. Under current law that prohibition applies broadly to a defined class of “recreational facilities.” SB 642 would limit the prohibition so it applies only to contracts or agreements relating to the use of an indoor trampoline park.

Key provisions

  • Repeals the statute’s prior definition of “recreational facility” and the existing exemption for health‑club services agreements.
  • Replaces each reference to a “recreational facility” in § 5‑401.2 with the specific term “indoor trampoline park.”
  • Retains the provision that the statute must not be interpreted to affect, extend, or limit the liability of governmental entities under the Maryland Tort Claims Act and related local tort‑claims law.
  • Sets the bill’s effective date as October 1, 2025.

In effect, the bill would make void and unenforceable only those contract provisions that attempt to limit or release liability (or indemnify/hold harmless) an indoor trampoline park for injuries caused by its negligence or wrongful acts. Similar provisions tied to other types of recreational or athletic facilities (e.g., gymnasiums, swimming pools, amusement attractions) would no longer be covered by § 5‑401.2.

Who would be affected

  • Indoor trampoline parks: continue to be covered by the statute — agreements that purport to waive or limit the park’s negligence‑based liability would remain void.
  • Other recreational facility operators (gyms, pools, amusement attractions, private athletic facilities): would be excluded from § 5‑401.2’s blanket ban and therefore could rely on liability‑limiting contract language to the extent permitted by other law and court precedent.
  • Consumers / patrons of non‑trampoline recreational facilities: may see a change in the enforceability of liability waivers they sign.
  • Small businesses: fiscal note highlights a potentially meaningful effect on small businesses that become exempt from the existing statutory prohibition (i.e., many recreational facilities other than indoor trampoline parks).

Fiscal and operational impact

  • Maryland Department of Legislative Services fiscal note: assuming the existing statute does not change State/local government liability and State/local governments do not own or operate indoor trampoline parks, the bill is not expected to materially affect State or local expenditures or revenues.
  • Small business impact: may be meaningful for businesses newly exempted from the prior prohibition (could affect litigation risk and contract practices).

Background / context

  • Chapter 941 of 2024 (SB 452) created § 5‑401.2, making waivers and liability‑limiting provisions unenforceable when tied to a “recreational facility.” That statute included gymnasiums and swimming pools, and excluded certain lodging establishments and governmental leasing arrangements.
  • SB 642 narrows that protection to a single commercial activity — indoor trampoline parks — reversing the prior, broader rule.

Procedural note

  • Introduced Feb 20, 2025; hearing scheduled in Judicial Proceedings on February 11 (1:00 p.m.). Fiscal note prepared by the Department of Legislative Services accompanies the bill.

Compiled from official sources — confirm details with the bill’s official record.

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