Are You Using Void Texas Gym Contracts With Your Members?

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Many Texas gym owners use illegal membership agreements and don’t even know it.

How does this happen? The gym contracts are void because they violate the Texas Health Spa Act (the “Act”).

Section 702.311 of the Act provides that a Texas gym membership agreement is void if:

(1) the contract doesn’t comply with the Act;

(2) the seller does not hold a certificate of registration issued under the Act at the time of contract; or

(3) the member enters into the agreement in reliance on false, fraudulent, or misleading information wilfully provided by, or a false, fraudulent, or misleading representation, notice, or advertisement wilfully made by, the seller or the gym owner or operator.

Most gym owners and staff are honest so the third scenario is rarely the issue.

However, it is very common for a Texas gym contract not to include the provisions required by the Act (the first scenario) and/or the gym owner fails to properly register with the State of Texas (the second scenario).

Now what would happen to your gym if members suddenly decided not to pay? How long could your gym survive?

There are, of course, other legal requirements a Texas gym owner needs to comply with, including the state’s biometrics law.

So, if you’re a Texas gym owner who needs help with your membership contracts and other gym legal documents, it’s time to set up a phone consultation with Attorney Mike Young.

Are You Running Your Texas Gym Illegally?

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Some Texas gym owners are breaking state law and don’t even know it.

Why is this important?

First, if your Texas gym contract violates the state’s health spa act, the agreement is unenforceable if any member who signed it wants to walk away.

Second, you could be sued by the state attorney general for violating the law.

Third, you could also be in legal hot water if you’re violating Texas’ biometrics law with your data collection and retention practices.

Now that’s all in addition to your potential civil liability for not having the right releases and waivers in place for guests and members (both adults and children).

Don’t work hard to build up a successful Texas gym only to see it destroyed because you didn’t obey the law.

To get help protecting your Texas gym, set up a phone consultation with Business Lawyer Mike Young.

How Many Liability Waivers Does Your Texas Gym Need?

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texas gym liability waiverWhen you own a Texas gym, you’ll want to have signed liability waivers to reduce the danger of getting sued for personal injuries that occur at your facility. Yet you don’t know how many types of liability waivers you need.

General Rule

Although it varies by facility, a general rule of thumb is to have two different liability waivers: one that’s designed for gym members; and the second one is for gym guests to sign. Although it’s theoretically possible to use only one liability waiver for both gym members and guests, it’s typically not a good idea because there are different issues to address for these gym facility users.

Children as Members or Guests

What about gyms that permit minors (under age 18) to use their facilities? Should a separate youth waiver be used? As a practical matter the member and guest liability waivers can be designed to be used for both adults and children…with a parent or legal guardian signing on behalf of the child. So, there’s really no need to create additional liability waivers just for kids.

Avoid the Dangers Created by Generic Waivers

One common mistake many attorneys make is giving a generic liability waiver to a gym client to use. These types of waivers are often unenforceable, i.e., the gym owner can still be liable.

Your Texas gym liability waivers should be specifically designed to address recent court decisions about the enforceability of such waivers. Courts tend to protect the consumer (e.g., the gym member or guest) instead of business owner, particularly if there’s been a personal injury. This means it’s important to use waivers that have been crafted specifically for protecting you as a Texas gym owner.

Do You Need Help With Your Texas Gym Legal Documents?

If you need liability waivers for your Texas gym or help complying with the Texas Health Spa Act so that your gym membership agreements are enforceable, schedule a phone consultation with Business Lawyer Mike Young today.