IHRSA Supports Gym Liability Waivers & Testifies Against SB 291

On March 29, IHRSA Vice President of Government Affairs Mike Goscinski testified before the Maryland Senate Judicial Proceedings Committee raising concerns about Senate Bill 291. This legislation, as drafted, would eliminate the use of liability waivers for health and fitness businesses throughout the state.

Mike pointed out that if passed in its current form, the bill would severely restrict, if not eliminate, the liability insurance coverage market for health clubs, gyms, and studios in Maryland, impacting some 700 facilities serving more than one million consumers and 30,000 employees.

He also highlighted that in earlier testimony about the legislation, the risk addressed by its authors appeared to be large-scale public facilities such as indoor recreation and pool facilities for birthday parties and other public events. Mike noted that gyms and studios are not open to children without meeting an age requirement or parental supervision, typically involve a signed acknowledgement of physical activity with risks, and are restricted to the general public, unlike other facilities. He further addressed that the bill exempts public pools, gyms, and other facilities while singling out private facilities.

“Enactment of the bill without revision would cause the small, independent clubs throughout the state to close or require price increases that make their health benefits inaccessible for many communities they are specifically designed to serve,” he said.

Read Mike’s full testimony below. You can also watch the entire hearing, including testimony from Mike and other industry representatives from Maryland—Justin Drummond, COO of PF Growth Partners, Mark Miller, COO of Merritt Clubs, and Keith Rawlings, Owner of The Arena Club.

IHRSA VP of Government Relations Full Testimony on SB 291

Mr. Chairman, members of the committee, thank you for the opportunity to testify today.

My name is Michael Goscinski, vice president of government affairs for the Global Health & Fitness Association, and I urge your opposition to SB 291 in its current form—eliminating the use of liability waivers for health and fitness businesses throughout the state.

As written, the legislation places the industry at risk of unrestricted litigation exposure and opens the door to frivolous sue-and-settle actions. This ultimately leads to increased operating costs for clubs and studios and will put upward pressure on affordable access to physical activity—which, as you know, significantly benefits mental and physical health.

Maryland health clubs and studios are as diverse as the communities they serve—ranging from small studios and low-cost national chains to premium regional and national brands.

Statewide, some 700 facilities serve more than 1.1 million residents and employ nearly 30,000 Marylanders. Many are coaches, trainers, class leaders, and other artists who do this work part-time, during school, for extra family income, or to support a career passion.

Our members appreciate the bill's intent of protecting [consumer] safety and are good actors, providing safe environments for customers to pursue a healthy lifestyle.

Unfortunately, this bill does not take into account private membership organizations that establish an acknowledgment of physical activity with risks and are not open to the general public for free use or for many of the types of use referenced in earlier testimony and hearings.

Further, the bill exempts these activities on government property which is unfair given the wide array of gym and studio-type facilities and classes offered by local governments across the state.

Enactment of the bill without revision would cause the small, independent clubs throughout the state to close or require price increases that make their health benefits inaccessible for many communities they are specifically designed to serve.

After years of inactivity and impact from COVID-19—when the industry faced decimating losses due to closures and Marylanders were unable to utilize the industry's benefits—we urge you not to compound the impacts on mental and physical health by removing affordable access to the industry through this bill.

We have prepared proposed amendment language for your consideration.

I look forward to answering your questions.

Stay Involved With IHRSA Advocacy Efforts

Advocacy is at the forefront of IHRSA’s mission—having a strong, unified voice on Capitol Hill gives the health and fitness industry the best opportunity to fight harmful legislation, influence policies that encourage physical activity and health club use, and promote our vital public health contributions. Together we're working on creating a healthier world and ensuring our industry remains part of the solution.

If you're a gym owner or operator, or even a fitness professional aiming to make waves, get involved in our advocacy efforts and stay in the know! Email Mike at mike.goscinski@ihrsa.org to find out where you can start.