If you own a Texas gym or martial arts studio, chances are a customer has tried to weasel out of their Texas gym membership agreement by claiming an Act of God has occurred.
For example, if you’ve had to close temporarily because of the COVID-19 coronavirus pandemic or the damage caused by the February 2021 statewide power outages, it might be considered an Act of God like a tornado strike.
However, that doesn’t automatically mean a member can cancel their contract and walk away from you.
Under the state Health Spa Act, a customer can cancel their membership agreement if you (1) permanently close and (2) don’t reopen at another facility within 10 miles.
Other than that, an Act of God rarely lets a member unilaterally walk away unless there’s something specific in the membership agreement that says they can.
A well-drafted gym membership agreement or martial arts contract will contain a “force majeure” clause that covers Act of God situations. However, if an experienced Texas business lawyer prepared it for you, chances are that provision will favor you as the owner (not the member) when an Act of God occurs.
