When Should Your Texas Gym Get A Waiver & Release Of Liability Signed?

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Many Texas gym owners mistakenly believe that it’s unimportant when a Waiver & Release of Liability form is signed as long as eventually it gets done.

However, that’s simply not the case if you want to prevent expensive and time-consuming lawsuits.

Before a guest or member uses your facilities, he should sign a waiver and release.

What if the guest or member is under the age of 18? You’ll want a parent or legal guardian to sign the waiver and release on behalf of the child.

Don’t jeopardize your Texas gym by procrastinating on this issue. Because you don’t want to get financially destroyed in a personal injury or wrongful death lawsuit by someone who didn’t assume the risks of working out in your gym.

Of course, there are other things you should do to reduce your liability exposure. This includes complying with the state’s health spa act and biometrics law.

To learn more about protecting your Texas gym, click here.

Do You Write Your Own Business Contracts?

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If you create your own business contracts, unless you’re experienced business lawyer, chances are you’re creating a bunch of legal risks for your company with each deal.

Because most people who don’t actively practice business don’t know how to identify all of the important issues that must be covered in a commercial agreement…and they don’t know how to write the contract’s terms and conditions in a way that’s legally binding either.

Equally important, there are some things you never put in a business contract. Not only can these items expose your company to civil liability…but they can even be a crime.

Would you perform heart surgery on yourself? Of course not.

Because the risks to your health are too great.

The same is true of being your own business lawyer. If you don’t have the knowledge and experience to do it right, the down side to getting things wrong is an unacceptable risk.

If you need help preparing or revising contracts for your company, it’s time to speak with an experienced business lawyer.

Are The Right People Signing Your Business Contracts?

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A frequent mistake I see in business agreements is that the wrong people are signing them. The consequences of this issue can be expensive.

Here’s why…

If a contract signatory doesn’t have signing authority from the entity he represents, that company may not be legally bound to perform the agreement.

Even if there is signing authority, business contract signature lines are often screwed up so that it’s unclear in what capacity the person is signing.

For instance, if Sheila Jones signs her name on behalf of her company but neither her business nor her title is identified as part of the signature, one can make a strong argument that the signature was in a personal capacity (with personal liablity!) instead of as an authorized company representative.

Then there’s the missing signatory to a business contract. There are several common variations of this type of mistake. For instance, a person might sign in one capacity but fail to sign a second time in a different capacity. Because it’s common for a person to need to sign once as an individual (e.g., personal guarantee) and a second time as an authorized signatory (eg., President) of his company that’s a party to the agreement.

Then there’s the missing spouse consent problem. This frequently occurs in the sale of a business. For example, Mary Smith signs an agreement to sell her company. However, because her husband John may have a marital interest in the business (even if he doesn’t have equity titled in his name), the company’s buyer will want the husband to sign off his consent to the sale.

If you need help with your company agreements, it’s probably time to talk with an experienced business contracts lawyer like Attorney Mike Young.

Will Your Texas Gym Be Sued Because Of Missing Legal Documents?

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I recently went to a gym for a trial workout. Although it was a great experience, the gym owner dropped the ball by not having me sign anything as a guest.

At a minimum, I should have been required to read and sign a liability waiver and release so that it would be almost impossible to successfully sue if I was injured as a gym guest.

Now if you’re a Texas gym owner, there’s even more paperwork you’ll want signed by your gym members. For example, you’ll want them to sign a contract that complies with the state’s health spa act and biometrics law.

Now there are some pretty stiff penalties for violating Texas law as a gym owner. This can include criminal prosecution and even having all of your gym membership contracts being declared void and unenforceable.

In short, it doesn’t take much to land in a briar patch if you don’t take the time to protect your Texas gym legally.

If you need help with your Texas gym legal documents for guests and members, it’s time to set up a phone consult with Attorney Mike Young.

Is It Time To Update Your LLC Operating Agreement?

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When you own or co-own a limited liability company (LLC), you enjoy a lot of flexibility running the business if you have the right operating agreement in place.

Unfortunately, what was good for your company when you set up the LLC often isn’t ideal (and even harmful) as circumstances change.

Because new circumstances will change your priorities. These can include:

* adding or removing members (owners)

* getting married or divorced

* having kids

* succession planning (who will run the business when you retire?)

* changing the company’s business model

* electing to be treated like a different entity in order to reduce taxes paid

And if there are multiple members, you’ll want to make sure there’s a “Texas shootout” or other buyout provision in the LLC’s operating agreement that makes it easy for owners to leave without destroying the company in lawsuits.

An experienced business lawyer can fix your operating agreement so it makes sense based on existing circumstances while planning for the future.