Commencing October 1, 2024, Maryland nullified liability waivers for recreational facilities, because such waivers violate public policy.  See Courts & Judicial Proceedings section 5-401.2.  It is common for recreational facilities to require participants or their parents to sign a waiver to release the facility for any negligence or wrongful act that results in injury.  For example, a stable that offers horse riding lessons or trail rides can no longer claim that the rider assumed the risk of injury caused by the stable’s negligence by having signed a liability waiver.  Patent cases of negligence by the stable would include: (a) not providing a helmet to the rider; (b) not properly securing the saddle to the horse; and (c) assigning a beginner rider on a horse that is known to buck.

Note that the new law excludes lodging establishments that operate a recreational facility that is available for use by the general public as well as health clubs.  

The language of the new statute states: “Any provision in a contract or agreement relating to the use of a recreational facility that purports to limit the recreational facility’s liability, or release the recreational facility from or indemnify or hold harmless the recreational facility against liability, for injury caused by or resulting from the negligence or other wrongful act of the recreational facility or its agents or on-duty employees is against public policy and is void and unenforceable”.