§ 5-326. Agreements exempting pools, gymnasiums, places of public\namusement or recreation and similar establishments from liability for\nnegligence void and unenforceable. Every covenant, agreement or\nunderstanding in or in connection with, or collateral to, any contract,\nmembership application, ticket of admission or similar writing, entered\ninto between the owner or operator of any pool, gymnasium, place of\namusement or recreation, or similar establishment and the user of such\nfacilities, pursuant to which such owner or operator receives a fee or\nother compensation for the use of such facilities, which exempts the\nsaid owner or operator from liability for damages caused by or resulting\nfrom the negligence of the owner, operator or person in charge of such\nestablishment, or their agents, servants or employees, shall be deemed\nto be void as against public policy and wholly unenforceable.\n
N.Y. Gen. Oblig. Law § 5-326
Agreements exempting pools, gymnasiums, places of public amusement or recreation and similar establishments from liability for negligence..
Applied in 18 court decisions — leading case McDonald, E. v. Whitewater Challengers, Inc. (2015)
Most recently applied in Fritz v. Walden Playboys M.C. Inc. (June 2023)
2014-09-22
How often courts cite this section
Court decisions citing this, by year. The dip in the last several years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the most recent years, so recent citations are undercounted.
Official source: NYS Open Legislation (New York State Senate). Reproduced from public-domain New York statutes; confirm against the official source for the current text. Not legal advice.