3 Texas Gym Membership Agreements Every Owner Needs

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Texas Gym Membership Agreements Every Owner NeedsDo you own a Texas fitness center or a martial arts studio? There are three Texas gym membership agreements you’ll want to have to protect yourself.

1. Standard Membership Contract. This contract is standard only in the sense that you’ll have it signed by members when they join. Yet it’s customized on the front end by an experienced business lawyer to protect you.

Related Article – 7 Things You Must Include In A Texas Gym Membership Contract

What you need will vary based on various factors, including:

  • activities at your facility
  • types of memberships
  • payment methods
  • whether minors can be members or guests

In most cases, this agreement must follow the Texas Health Spa Act so that it’s enforceable.

Related Article: Texas Health Spa Act Security Requirements For Gyms And Martial Arts Studios

2. Waiver, Release of Liability & Assumption of Risk Agreement. This agreement must contain provisions to protect you from liability when a member injures himself. And for other losses too (e.g. theft of personal items).

And you’ll want a variation of this agreement for non-members. This protects you when they use your facility on a trial basis or as guests of a member.

3. Media Release. Members and non-member guests should sign a media release. This release lets you use video, photos, etc. taken of them at your facility for marketing, etc.

Related Article – Does A Texas Martial Arts Contract Have To Comply With The Health Spa Act?

Where To Get Help With Texas Gym Membership Agreements

Do you need any of these three Texas gym agreements? Or do you want your agreements reviewed for compliance with state law?

It’s time for you to talk with Business Contracts Lawyer Mike Young. Schedule your phone consultation today.

How To Modify A Software Development Agreement

By | Software Agreements, Software Lawyer | No Comments

How To Modify A Software Development AgreementAmit wanted to modify a software development agreement to reflect requests his client had made to change the project’s scope of work (SOW).

Of course, Amit had told the client there would be more costs because of the extra work he’d have to do. And the client wanted a quick turnaround. So Amit charged a premium for working nights and weekends to meet the deadline.

Yet Amit never found the time to change the software contract to cover the new work and fees.

When the project ended, the client refused to pay for the extra work. It would have cost more for Amit to sue the client than the amount owed. And he didn’t have anything in writing to prove the client had agreed to pay more.

Now Amit could have avoided this problem.

Are you a software developer? Or do you own a business that outsources app development?

Then it makes sense to use an agreement that lets you easily revise the contract to reflect changes in the SOW.

Need help with your app development contract?

Or do you want to modify a software development agreement…but you don’t know how? It’s time to talk with Software Lawyer Mike Young. You’ll want to book a phone consultation today.

Terminate A Contract: What’s The Best Way?

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Terminate A Contract: What’s The Best WayIf you want to terminate a contract, how do you go about doing it?

Here are three steps you’ll want to take…

1. Identify why you want to end the agreement. Did the other party breach the contract? Or do you want to not renew it (or end it early) for other reasons?

2. Follow the instructions. An agreement should have provisions that specify how to end the contractual relationship. These provisions often vary based on the reason for termination.

For example, before you end for breach of contract, the agreement may require you to give the other party notice. And the party may have an opportunity to cure the breach.

And if there’s an auto-renewal provision? The contract should tell you when and how to give notice you want to end the agreement rather than renew for a new term.

3. Document notification. Keep proof that you provided notice of termination.

What if you’re required to mail the notice? Use a postal option that provides proof of delivery to the other party (e.g. a signature by the recipient).

Or if the contract provides for notice by email? Be sure to keep copies of the other party’s acknowledgement they received the notice.

Do you need business contracts reviewed or a new agreement prepared? It’s time to talk with Business Lawyer Mike Young.

SaaS License Agreement Is Not The Same As A Downloadable App’s EULA

By | Software Agreements, Software Lawyer | No Comments

SaaS License Agreement Not Downloadable EULATim decided to convert his downloadable application into a cloud-based software-as-a-service (SaaS) app. But Tim didn’t use a SaaS license agreement. Instead, he gave the same end user license agreement (EULA) he’d used for the downloadable version.

Related Article: Software Development Legal Protection

Unfortunately, the EULA didn’t protect Tim’s intellectual property rights in the new SaaS. So Tim ended up in court suing customers to protect his application.

“If you’re selling a software-as-a-service on a cloud-based platform, you should be using a SaaS license agreement to protect your legal rights.” – Software Attorney Mike Young

Related Article: Software Licensing Agreement – Legal Issues Involving Dishonesty

Tim should have retained an experienced software attorney. And converted the EULA into the SaaS license he needed.

Related Article: Can Your Software Licensor Compete Against You?

Are you selling software-as-a-service applications? Do you know what type of license you’re granting to customers?

If you need help, it’s time to talk with Software Lawyer Mike Young about your options.

Texas Health Spa Act Security Requirements For Gyms And Martial Arts Studios

By | Business Contracts, Business Lawyer | No Comments

Texas Health Spa Act Security Requirements For Gyms And Martial Arts StudiosMany Texas gyms and martial arts studios post security with the Secretary of State’s Office because of the Texas Health Spa Act.

A popular form of security because of cost is a surety bond. The amount of the bond will range between $20,000 and $50,000. The number depends upon the membership prepayments collected.

Related Article – Does A Texas Martial Arts Contract Have To Comply With The Health Spa Act?

Or the owner can provide a certificate of deposit (CD) instead.

Of course, there are exceptions under the Act to the security rule.

Related Article – 7 Things You Must Include In A Texas Gym Membership Contract

Do you need help* complying with the Health Spa Act’s requirements?

Let’s talk. Schedule a phone consultation with Business Contracts Lawyer Mike Young today.


* We do not represent individual members in disputes because we focus on protecting owners of Texas martial arts studios and gyms.