Are liability waivers enforceable in Maryland?
Short answer (October 2026): Enforced with limits. 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). Leading authority: Md. Code, Courts & Judicial Proceedings § 5-401.2, Md. Code Ann., Cts. & Jud. Proc. § 5-401.2 (eff. Oct. 1, 2024).
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 does not apply to lodging establishments that do not operate a recreational facility open to the general public, or to 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.
Key authorities
- Md. Code, Courts & Judicial Proceedings § 5-401.2, Md. Code Ann., Cts. & Jud. Proc. § 5-401.2 (eff. Oct. 1, 2024)
- Wolf v. Ford, 335 Md. 525, 644 A.2d 522
Checked against the source text in October 2026. Laws change, so confirm the current rule with a Maryland attorney.
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. Waivers are available for recreation, wellness, med spa, fitness, water sports, events & classes, pet services, beauty, salon, tattoo & piercing, and youth & community businesses, 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.
Maryland waivers, answered
Are liability waivers enforceable in Maryland?
Enforced with limits. 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 does not apply to lodging establishments that do not operate a recreational facility open to the general public, or to 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. The leading authority is Md. Code, Courts & Judicial Proceedings § 5-401.2, Md. Code Ann., Cts. & Jud. Proc. § 5-401.2 (eff. Oct. 1, 2024).
Can a parent sign a liability waiver for a minor in Maryland?
A parent or legal guardian should sign for anyone under 18. 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.
Where can I get a liability waiver for a Maryland business?
WaiverPad has 185 activity-specific waivers and consent forms across 11 industries at $5 to $10 each, and in 10 industries every waiver comes as one PDF for $29. Enter your business address in Maryland, and the governing-law clause applies the law of the state you operate in. You preview the document free before paying, and customers can also sign it online, free for up to 10 signed waivers a month.
Get a waiver customized for Maryland
WaiverPad has 185 ready-to-use waivers and consent forms across 11 industries at $5 to $10 each. In 10 of those industries you can also get every waiver as one PDF for $29. Pick your service, set your state to Maryland, and the governing-law clause references the state you operate in. You preview the finished document before paying and download a signable PDF in under 60 seconds. Browse waivers by industry →