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Senate Commerce Committee Statement — Senate Bill No. 1388 (New Jersey, February 12, 2026)

Summary

This is the Senate Commerce Committee Statement to Senate, No. 1388, State of New Jersey, dated February 12, 2026. The committee reports favorably Senate Bill No. 1388, which prohibits health club services contracts from limiting the health club's liability to a buyer for injuries caused by negligence of the owner or operator, or an agent or employee. The statement says the bill is intended to codify Justice Albin's dissent in Pulice v. Green Brook Sports & Fitness. A violation would be an unlawful practice under the consumer fraud act, punishable by a monetary penalty of not more than $10,000 for a first offense and not more than $20,000 for any subsequent offense.

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“Senate Commerce Committee Statement — Senate Bill No. 1388 (New Jersey, February 12, 2026).” Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/2026-02-12-scm-s1388-s1-610eb31fcd/, SHA-256 db49540c3523ac1ea0c9bcfeceef02ebb6b72d47d5d8dc6c870123835bf53d55.

Full text

     SENATE COMMERCE COMMITTEE

                    STATEMENT TO

                  SENATE, No. 1388

 STATE OF NEW JERSEY
                  DATED: FEBRUARY 12, 2026

    The Senate Commerce Committee reports favorably Senate Bill
No. 1388.
    This bill prohibits health club services contracts from limiting
the liability of the health club to a buyer for injuries caused by or
resulting from the negligence of the owner or operator, or an agent
or employee of the owner or operator, of the health club.
    This bill is intended to codify Justice Albin’s dissent in the case
of Pulice v. Green Brook Sports & Fitness, 236 N.J. 1 (2018); see
also Stelluti v. Casapenn, 203 N.J. 286 (2010) (Albin, J., dissenting)
(arguing that a contract limiting a health club’s liability from its
own negligence is void as against public policy).
    A violation of this bill would be an unlawful practice pursuant
to the consumer fraud act, P.L.1960, c.39 (C.56:8-1 et seq.), and is
punishable by a monetary penalty of not more than $10,000 for a
first offense and not more than $20,000 for any subsequent offense.
In addition, violations can result in cease and desist orders issued
by the Attorney General, the assessment of punitive damages, and
the awarding of treble damages and costs to the injured party.
    This bill was pre-filed for introduction in the 2026-2027 session
pending technical review. As reported, the bill includes the changes
required by technical review, which has been performed.

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