S 1388 New Jersey Senate · 2026-2027 Regular Session

Prohibits health club services contracts from limiting liability for injuries caused by negligence of health club.

This bill (S 1388) prohibits health club contracts from including clauses that limit the club’s liability for injuries caused by the club’s negligence (Section 1(l)). It directly affects health club customers who suffer injuries due to the club’s or its staff’s negligent actions. The key provision makes any contractual attempt to waive such liability unenforceable, ensuring customers can seek compensation for negligence-related harm. Violations would be treated as consumer fraud under New Jersey law, potentially resulting in fines up to $20,000 per offense. The bill codifies prior court rulings rejecting such liability waivers as against public policy.

Bill status passed 3 of 5 stages cleared

Introduction

Jan 2026

Committee Review

Feb 2026

Senate Passage

Feb 2026

General Assembly Passage

Governor

Introduced Jan 13, 2026 Last action Feb 24, 2026

Maddy AI version diff · 1 comparison

What changed between versions

Technical Review Of Prefiled Bill → Introduced · 3 edits · Jan 13, 2026

MINOR

The bill moved from a technical review stage to an introduced version. The primary substantive addition is a new STATEMENT section at the end of the bill that clarifies the purpose (prohibiting health clubs from limiting liability for their own negligence), cites the judicial dissents it seeks to codify, and specifies enforcement penalties including fines up to $10,000 for a first offense and $20,000 for subsequent offenses under the consumer fraud act. The operative bill text itself is unchanged.

ENFORCEMENT

A new STATEMENT section was added specifying that violations are unlawful practices under the consumer fraud act (C.56:8-1 et seq.), punishable by up to $10,000 for a first offense and up to $20,000 for subsequent offenses, with additional remedies including cease and desist orders, punitive damages, treble damages, and costs.

SCOPE

The STATEMENT clarifies the bill's purpose: prohibiting health club services contracts from limiting the health club's liability to a buyer for injuries caused by or resulting from the negligence of the owner, operator, or their agents or employees.

TECHNICAL

Minor formatting and status changes: header changed from 'S1388 TR' to 'S1388', status line updated from 'As reported by the Senate Commerce Committee with technical review' to 'Introduced Pending Technical Review by Legislative Counsel', and slight wording adjustment in the effective date clause removing 'date of' before 'enactment.'

Floor votes

How they voted

This bill passed the Senate by voice vote (no roll call recorded).

Full legislative history

Actions timeline

Total actions

Key actions

Committee

Feb 24, 2026

Committee

Received in the Assembly, Referred to Assembly Judiciary Committee

lower

Feb 24, 2026

Upper · Passed

Passed by the Senate (37-0)

upper

Jan 13, 2026

Introduced

Introduced in the Senate, Referred to Senate Commerce Committee

upper

2 primary · 1 co-sponsor