A clause in an exercise class sign up sheet states that the instructor shall be held blameless in the event of injury, even if caused by the instructor's negligence. Is this waiver permitted under Maryland law?
1 Answer from Attorneys
Yes, it is. The theory is that since there are many options available to consumers where they can engage in these activities, they have sufficient "bargaining power" to find an exercise facility that doesn't require this release. In practice, they probably all do, so the court that ruled this way a few years back made a horrendous decision in my opinion.