Are liability waivers enforceable in Maryland?

Maryland voids pre-injury waivers of ordinary negligence at commercial recreational facilities, commercial athletic facilities and amusement attractions, including gyms and swimming pools, under a statute that took effect October 1, 2024 (Courts and Judicial Proceedings section 5-401.2, enacted as SB 452). The statute exempts lodging establishments and health-club services agreements with adults, and outside the covered settings Maryland still enforces a clear waiver of ordinary negligence, subject to its long-standing bars on gross negligence, reckless or intentional conduct, grossly unequal bargaining power and transactions affecting the public interest. For a covered facility, a signed waiver still documents informed consent and assumption of risk, but it will not bar a claim for ordinary negligence.

What makes a Maryland waiver stronger

Wherever you operate, the same fundamentals decide whether a release does its job. The language should be clear and conspicuous rather than buried in fine print. It should name the specific risks of your service, not just “all claims,” so the signer is genuinely informed. And it should be signed by an adult who had a real chance to read it, with the document governed by Maryland law.

Waivers for minors in Maryland

If you serve anyone under 18, have a parent or legal guardian sign on the minor’s behalf. States vary widely on whether a parent can waive a child’s own claims, so treat a minor waiver as one layer of protection alongside good safety practices and insurance, and confirm the current rule with a Maryland attorney.

Popular waivers for Maryland businesses

Whatever the local rules, the document still needs to fit your service. Common ones include med spa, fitness, recreation, and wellness waivers, each of which you can customize for Maryland.

Important

This page is general information, not legal advice, and WaiverPad is not a law firm. Waiver law changes and turns on the facts. Have any waiver reviewed by an attorney licensed in Maryland before you rely on it.