This bill amends existing law to prohibit health club services contracts from limiting the liability of health clubs for injuries caused by the negligence of the owner, operator, or their agents and employees. Specifically, it adds a new provision stating that a health club services contract shall not limit liability for such injuries. This change is intended to align with judicial opinions that argue such limitations are against public policy, as highlighted in the dissenting opinions of Justice Albin in the cases of *Pulice v. Green Brook Sports & Fitness* and *Stelluti v. Casapenn*.

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