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 inserts a provision 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 contracts limiting liability for negligence are void as against public policy.

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 of up to $10,000 for a first offense and up to $20,000 for subsequent offenses. The Attorney General would also have the authority to issue cease and desist orders, assess punitive damages, and award treble damages and costs to injured parties. The bill is set to take effect on the first day of the ninth month following its enactment.

Statutes affected:
Introduced: 56:8-42