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Limited enforceability

Massachusetts Liability Waiver Requirements

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

Key points

Massachusetts waiver law at a glance

IMPORTANT: Massachusetts General Laws Chapter 93, Section 80 explicitly prohibits health club contracts from containing any waiver of liability claims. This covers gyms, fitness centers, martial arts studios, and similar facilities.
Including a waiver in a health club contract is a per se violation of the Massachusetts Consumer Protection Act (Ch. 93A)
For non-health-club recreational activities, waivers may be enforceable under careful drafting
Massachusetts courts apply the Henningsen doctrine and scrutinize waivers closely

Drafting

Drafting considerations for Massachusetts

Health club and gym liability waivers are explicitly illegal under Massachusetts law
Including such a waiver can void the entire contract under consumer protection law
For non-gym recreational businesses, consult a Massachusetts attorney about whether your waiver would be enforced
Focus on assumption of risk and detailed participant agreements instead

FAQ

Frequently asked

Are liability waivers enforceable in Massachusetts?
For health clubs and gyms, no. Massachusetts General Laws Ch. 93, §80 explicitly prohibits health club contracts from containing waiver provisions. Including one violates the Consumer Protection Act. For other recreational businesses, waivers may be enforceable if carefully drafted, but courts apply strict scrutiny.
Can I use a digital waiver in Massachusetts?
Yes. Massachusetts adopted UETA and recognizes electronic signatures under the federal ESIGN Act. WaiverDrop's digital waivers are legally valid. However, health club liability waivers are prohibited regardless of format.
What should Massachusetts gyms and fitness businesses use?
Do not include liability waivers in health club contracts — it is illegal under Massachusetts law. Instead, use assumption of risk acknowledgment forms and detailed participant agreements that document the inherent risks of the activity without attempting to waive liability.

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