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 a new provision stating that such contracts cannot restrict liability for injuries resulting from negligence, thereby reinforcing consumer protection in the health club industry. This change is intended to align with judicial opinions that argue against the validity of contracts that limit liability for negligence, as highlighted in the dissenting opinions of notable court cases.

Additionally, the bill establishes that any violation of this provision would be considered an unlawful practice under the New Jersey Consumer Fraud Act, subjecting violators to monetary penalties, cease and desist orders, and potential punitive damages. The penalties include fines of up to $10,000 for first offenses 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