Under the bill, if a participant makes a claim against an operator for an injury
resulting from an activity occurring at a trampoline park, the operator may raise
compliance with the operator's responsibilities, the assumption of risks inherent to
trampoline activities as described in the bill, or any failure by a participant to comply
with the participant's responsibilities as a defense that the court or jury can consider
under existing comparative negligence standards.
For further information see the state fiscal estimate, which will be printed as
an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB836,1
1Section
1. 101.122 of the statutes is created to read:
AB836,3,2
2101.122 Trampoline park safety.
(1) Definitions. In this section:
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(a) “Commercial trampoline" means a device that incorporates a trampoline
4bed and is used for recreational jumping, springing, bouncing, acrobatics, or
5gymnastics in a trampoline park.
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(b) “Emergency response plan" means a written plan of action for the
7reasonable and appropriate contact, deployment, and coordination of services,
8agencies, and personnel to provide the earliest possible response to an injury or
9emergency.
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(c) “Operator" means a person who owns, manages, or controls or who has the
11duty to manage or control the operation of a trampoline park.
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(d) “Participant" means an individual who uses a trampoline park.
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(e) “Trampoline bed" means the flexible surface of a trampoline on which a user
14jumps or bounces.
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(f) “Trampoline court" means an area of a trampoline park comprising either
16of the following:
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1. Multiple commercial trampolines.
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2. At least one commercial trampoline and at least one associated foam or
19inflatable bag pit.
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1(g) “Trampoline park" means a place of business that offers the recreational use
2of a trampoline court for a fee.
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3(2) License required. (a) Except as provided in sub. (3), no person may operate
4a trampoline park without holding an annual license issued by the department.
5Subject to ss. 440.12 and 440.13, the department shall issue or renew a license if the
6applicant pays the fee required under s. 101.19 (1g) (ar) and submits a copy of the
7certificate of insurance required under sub.(4).
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(b) The department shall promulgate rules establishing requirements and
9procedures for applying for annual licenses issued or renewed under par. (a).
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10(3) Exemptions. This section does not apply to any of the following:
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(a) A playground operated by a school, city, village, town, or county if all of the
12following are satisfied:
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1. The playground is an incidental amenity.
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2. The school, city, village, town, or county does not primarily derive revenue
15from operating the playground for a fee.
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(b) A gymnastics, dance, cheer, or tumbling facility that satisfies any of the
17following:
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1. The majority of activities at the facility are based in training or rehearsal and
19not recreation.
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2. The facility derives at least 80 percent of revenues through supervised
21instruction or classes.
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3. The student-coach or student-instructor ratio is based on age, skill level,
23and number of students.
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(c) Equipment used exclusively for exercise, an inflatable ride, or an inflatable
25bounce house.
AB836,5,1
1(4) Insurance. An operator of a trampoline park shall do all of the following:
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(a) Maintain insurance providing liability coverage of at least $1,000,000 in the
3aggregate and $500,000 per incident to cover injuries to participants arising out of
4any negligence or misconduct by the operator or the trampoline park's staff in the
5construction, maintenance, or operation of the trampoline park.
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(b) Maintain a certificate of insurance demonstrating compliance with par. (a).