This bill amends existing law regarding health club services contracts by explicitly prohibiting these contracts from limiting the liability of health clubs for injuries caused by the negligence of their owners, operators, or employees. The new legal language inserted into the law states that a health club services contract shall not limit the liability of the health club to a buyer for injuries resulting from such negligence. This change is intended to align with judicial opinions that argue such limitations are against public policy, specifically referencing Justice Albin's dissent in the case of Pulice v. Green Brook Sports & Fitness.

Additionally, the bill establishes that any violation of this provision would be considered an unlawful practice under the consumer fraud act, subjecting violators to monetary penalties, cease and desist orders, and potential punitive damages. The penalties include a fine of up to $10,000 for a first offense and up to $20,000 for subsequent offenses, along with the possibility of treble damages and costs awarded to the injured party. The bill is set to take effect on the first day of the ninth month following its enactment.

Statutes affected:
Introduced: 56:8-42