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Texas Gym Membership Contracts

Texas gym membership contracts a.k.a. membership agreements.

Does Your Texas Gym Membership Contract Authorize Text Messaging?

By Business Contracts, Business Lawyer
texas gym membership contract

When you own a Texas gym, you’ll want to comply with applicable state and federal laws. And that includes the Texas Health Spa Act, state biometrics law, and laws covering commercial email so that you don’t illegally spam members.

But what about texting a member’s cell phone?

Many gym owners fail to get the member consent to receive text messages.

So, how do you fix this? There are two options.

1. The easiest way to get consent is to include specific legal language in the gym membership agreement that’s signed by each member. If you have a contract that’s missing this language, it’s easy for an experienced Texas business lawyer to update the contract to include it.

2. You can also get each member to sign a separate text messaging consent agreement. This is more cumbersome than including the consent in the membership contract. Yet it makes sense to use a separate consent form for members who have already signed membership agreements that don’t include the consent.

Need help getting this issue fixed? The first step is to set up a phone consultation with Business Lawyer Mike Young.

Texas Gym Membership Agreements: Can Members Legally Stop Paying You?

By Business Contracts, Business Lawyer
texas gym membership contract

When I speak with Texas gym owners, a common question that comes up is…

“What happens when a gym member decides to quit paying?”

Too often the answer to that question depends upon whether the gym owner is complying with the Texas Health Spa Act.

Why?

Because if you own a Texas gym and are violating this particular law, your membership contracts are void. Don’t just take my word for it. Here’s the language from the actual law. 

The membership “contract is void if:

(1)  the contract or an assignment of the contract does not comply with this chapter;

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

(3)  the purchaser enters into the contract 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 health spa owner or operator.”

Although there are sleazy sales tactics out there that violate the third provision, most Texas gym owners screw up by (1) not using a membership agreement that complies with the law and/or (2) not properly registering their gym with the state (Health Spa Act registration is separate from setting up a Texas corporation or limited liability company).

So, what’s this mean?

If you’ve had 250 gym members sign void contracts all of them can walk away at any time and quit paying you. And they’ll probably tell other members to do the same thing.

What would you do if even 20% of your members decided to quit and walk? And you couldn’t enforce your agreements to get paid?

Don’t put yourself in this position. Comply with applicable law…and that include the state’s health spa act, biometrics law, and other legal requirements for owning and operating a gym in the Lone Star State.

If you need help bringing your Texas gym into legal compliance, the first step is to set up a phone consultation with Business Lawyer Mike Young.

Texas Gym Month-To-Month Memberships

By Business Lawyer

Should your Texas gym only offer month-to-month memberships? Or should you include longer terms (e.g., one-year gym memberships)?

As a practical matter, this is more of a business judgment decision than a legal issue. However, it’s probably one of the most important ones you’ll make.

Here’s why…

When the COVID-19 coronavirus lockdowns hit, per Texas Governor Greg Abbott’s executive orders, many of the gyms that only had month-to-month members closed permanently. Because few of their members returned after the restrictions were lifted.

In many cases, less then 10% returned. And you can’t pay the rent, let alone make a profit, with so few gym members showing up.

Although month-to-month members can play an important source of recurring income to your gym, as a practical matter, those who initially commit to a longer-term membership agreement show greater loyalty. Even if their contracts convert to monthly after an annual term, they’re likely to stick around.

There are many reasons for this, including friendships built with the gym owner, staff, and other members…plus a sense of community.

Of course, you have legal issues that also have to be handled. For example, compliance with the Texas Health Spa Act and the state’s biometrics law. That’s in addition to reducing liability exposure for personal injuries.

If you need help with your Texas gym membership contracts, liability waivers, and other gym legal docs (e.g., trainer agreements), it’s time to schedule a phone consultation with Business Lawyer Mike Young.

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

By Business Contracts, Business Lawyer

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.

Texas Gym Membership Contracts And Peeping Toms

By Business Contracts, Business Lawyer

texas gym membership contracts peeping tomsA woman has sued a Houston gym because a man recorded video of her showering at the fitness facility. Will the gym owner be liable for the conduct of someone else committing an illegal act on the premises? Perhaps. One thing is clear — if you own a gym (or martial arts studio) in the Lone Star State, there are certain things you can do to limit your legal liability exposure by having the right Texas gym membership contracts in place.

Types Of Texas Gym Membership Contracts

In fact, there are at least three business contracts every Texas gym owner should use to reduce legal risks. See 3 Texas Gym Membership Agreements Every Owner Needs.

In addition to limiting liability for the misconduct of others, your gym contracts should also comply with the state’s Health Spa Act. You can learn more about this by reading 7 Things You Must Include In A Texas Gym Membership Contract.

Where To Get Help With Your Gym’s Legal Agreements?

If you own a Texas gym and need help with your contracts, set up a phone consultation with Business Lawyer Mike Young today.

Related Resource: Click here to learn more about how we can help you and your Texas gym