§ 5-401.2

Maryland § 5-401.2

• Jurisdiction: Maryland
• Article gcj: Courts and Judicial Proceedings
• Title: 5

Text

(a) (1) In this section, “recreational facility” means a commercial recreational facility, a commercial athletic facility, or an amusement attraction.

(2) “Recreational facility” includes:

(i) Gymnasiums; and

(ii) Swimming pools.

(3) “Recreational facility” does not include:

(i) A lodging establishment, as defined in § 15–201 of the Business Regulation Article, unless the lodging establishment owns, maintains, or operates a recreational facility that is available for use by the general public; or

(ii) A unit of State or local government that leases land or facilities to a recreational facility.

(b) This section does not apply to a health club services agreement, as defined in § 14–12B–01 of the Commercial Law Article, for services to be rendered for an adult.

(c) 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.

(d) This section may not be interpreted to affect, extend, or limit the liability of a governmental entity for a tort or other claim subject to Title 12, Subtitle 1 of the State Government Article or Subtitle 3 of this title.