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Limited enforceability

Maryland Liability Waiver Requirements

This information is for general educational purposes only and does not constitute legal advice. Consult a licensed attorney in Maryland for specific guidance.

Key points

Maryland waiver law at a glance

IMPORTANT: As of October 1, 2024, Maryland law (SB 452, codified at Md. Code §5-401.2) makes liability waivers for commercial recreational facilities void and unenforceable as against public policy.
The law specifically covers gymnasiums, swimming pools, commercial athletic facilities, and amusement attractions
This is a recent statutory change — waivers signed before October 2024 may still be governed by prior law
Assumption of risk and risk acknowledgment forms remain valid tools for documenting participant awareness

Drafting

Drafting considerations for Maryland

Understand that recreational facility waivers are now void under Maryland law
Focus on assumption of risk and detailed risk disclosure forms instead
Document safety procedures and inherent risk warnings thoroughly
Consult a Maryland attorney about the new statute's applicability to your specific facility

FAQ

Frequently asked

Are liability waivers enforceable in Maryland?
No, for commercial recreational facilities. As of October 1, 2024, Maryland law (SB 452, codified at Md. Code §5-401.2) makes liability waivers for commercial recreational facilities void and unenforceable as against public policy. This covers gymnasiums, swimming pools, commercial athletic facilities, and amusement attractions. Assumption of risk and risk acknowledgment forms remain valid alternatives.
Can I use a digital waiver in Maryland?
Yes. Maryland adopted UETA and recognizes electronic signatures under the federal ESIGN Act. WaiverDrop's digital waivers are fully compliant. However, the substantive enforceability of recreational facility waivers is now prohibited under Maryland law.
What should Maryland recreational businesses use instead?
Focus on assumption of risk acknowledgment forms and detailed risk disclosure documents. While liability waivers for recreational facilities are now void, documenting that participants understood the inherent risks supports other legal defenses.

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