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 their owners, operators, or employees. Specifically, it introduces new legal language stating 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 the dissenting opinion of Justice Albin in the case of *Pulice v. Green Brook Sports & Fitness*, which argued that such liability limitations are void as they go against public policy.

Additionally, the bill establishes that violations of this provision would be considered unlawful practices under the consumer fraud act, subjecting offenders to monetary penalties of up to $10,000 for first offenses and $20,000 for subsequent offenses. The Attorney General would also have the authority to issue cease and desist orders, and injured parties could be awarded punitive damages, treble damages, and costs. The bill is set to take effect on the first day of the ninth month following its enactment.

Statutes affected:
Introduced: 56:8-42