Almost every gym, trampoline park, climbing gym, and recreational facility in New Jersey makes you sign a liability waiver before you can participate. When you’re then injured, the facility waves that waiver and says you signed away your right to sue. Is that true? In New Jersey, the answer is “sometimes” — and the exceptions are exactly where many injured people still have a case.
What New Jersey courts have said
The leading case is Stelluti v. Casapenn Enterprises, 203 N.J. 286 (2010), where the New Jersey Supreme Court enforced a fitness-club waiver against a member injured during a spin class. The Court held that a private recreational facility can require members to waive claims for ordinary negligence — the routine risks inherent in exercise and recreation.
Where a waiver may not save the facility
Even with a signed waiver, an injured person may still have a claim where the facility’s conduct goes beyond ordinary negligence:
- Grossly negligent maintenance — ignoring a known, serious hazard (broken equipment kept in service, a dangerous condition reported repeatedly).
- Reckless operation — dangerously overcrowded trampoline courts, no supervision where it’s plainly required.
- Defective equipment — which can support a product-liability claim against the maker, separate from the facility’s waiver.
- Defects in the waiver itself — ambiguous language, or a waiver that overreaches what the law allows.
Waivers and children
Waivers signed by a parent on behalf of a minor raise special concerns. New Jersey courts have been more skeptical of enforcing such waivers to bar a child’s own injury claim, because a parent generally cannot bargain away a minor’s rights. A child injured at a trampoline park or recreational facility may have a claim even though a parent signed paperwork — an important point for families.
It’s still a premises case underneath
Behind the waiver question is ordinary premises liability — the facility’s duty to keep its property reasonably safe. The waiver narrows, but doesn’t always eliminate, that duty. Comparative negligence can also come into play, reducing rather than barring a recovery.
Injured after signing a waiver? Don’t assume you have no case
A signed waiver is not the end of the story — especially where the facility’s conduct crossed into gross negligence, or where a child was hurt. If you were injured at a gym, trampoline park, or recreational facility in New Jersey, we’ll look past the waiver to what actually happened. The consultation is free.
Part of our complete guide: For every related New Jersey offense, claim, and defense in one place, see our NJ Personal Injury Guide.