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.

Does The Texas Health Spa Act Apply To Pickleball Clubs?

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texas pickleball clubDo you have a Texas pickleball club that sells memberships? And a physical facility for your club (leased or owned)? Then chances are you’re going to have to comply with the Texas Health Spa Act if your club is based in the Lone Star State.

Why The Health Spa Act Applies To Pickleball Clubs

Under the Health Spa Act, a “health spa” is a business that sells or offers to sell memberships for instruction in or use of facilities for a physical exercise program.

Now, what’s a facility?

A “facility” means a physical building with equipment and other improvements. For example, if you have a building with pickleball courts that you’ve leased space for your club.

Related Article: Texas Health Spa Act Security Requirements

And if you’re using a physical facility like this for your pickleball club and you’re selling memberships, you need to take a look at the State Health Spa Act. Because there are some certain requirements that may need to comply with so that your membership agreements are valid.

What Happens If You Don’t Comply With The Spa Act For Your Texas Pickleball Club?

If you violate the Texas Health Spa Act, your pickleball membership contracts may be void on their face.

In other words, no matter what’s signed by the pickleball club member, even if it looks legitimate as a contract, it’s void and not enforceable against that member because the Act has not been followed.

So, what should you do?

1. Retain an experienced Texas business lawyer who understands how to comply with the Texas Health Spa Act and Texas’ biometrics law.

2. Get your pickleball club properly registered with the state.

3. Make sure that you have a membership agreement, waivers, and media releases you need to protect your club.

Texas Personal Trainer Contract: Employee Or Independent Contractor?

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Texas Personal Trainer Contract: Employee Or Independent Contractor?In addition to meeting the requirements of the Texas Health Spa Act, fitness center owners in the Lone Star State need to make sure they’re using the right Texas personal trainer contract.

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

It may appear simple to treat all of your trainers as independent contractors. However, that’s not the case.

Why?

Because if you disguise an employee as an independent contractor in your Texas personal trainer contract, you’re assuming costly legal risks that could bankrupt your fitness business.

The Label You Use Isn’t Enough To Protect You

You’ve probably heard the expression, “If it looks, walks, and acts like a duck, it’s probably a duck.” That’s true even if you call the duck a “flamingo.”

The same is true for a Texas gym personal trainer. If you’re treating a trainer as an employee, calling him or her a “contractor” won’t change that fact.

How Much Control Do You Have In The Texas Personal Trainer Contract?

The key issue is control.

For example, if you’re telling your fitness workers they must train your gym members at certain hours, attend staff meetings, take set lunch times, 15-minute work breaks, and two weeks of annual vacation, chances are you’ve got an employee instead of an independent contractor.

Related Article: 3 Texas Gym Membership Agreements Every Owner Needs

Micromanaging the work done, providing the equipment to do it, and referring to “hiring” and “firing” personal trainers are also factors that can be considered when determining whether you’ve got an employee who is improperly classified as a contractor.

What If You’ve Misclassified Your Personal Trainers?

So, what can happen if your Texas personal trainer contract misclassifies a worker as an independent contractor instead of an employee?

You can be liable for many things, including…

  • Back taxes and penalties
  • Contributions to Social Security and Medicare
  • Unemployment compensation
  • Workers’ compensation
  • Death or injury caused by the worker in the scope of employment

And you’ll likely find your business being audited by the U.S. Internal Revenue Service (IRS).

What’s The Solution?

Have an experienced Texas business contracts lawyer review what your fitness trainers do for your gym. Based on the facts, the right Texas personal trainer contract can be prepared for each of your workers….either an employment agreement or an independent contractor agreement can be prepared to protect you and your gym.

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

 

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

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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.

Related Resource: Click here to learn more about how we can help you


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

 

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

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Texas Martial Arts Contract Agreement And Health Spa Act ComplianceBiggest Texas Martial Arts Contract Mistake

One of the most common legal mistakes made in the Lone Star State by instructors is to have students sign a Texas martial arts contract that violates the state’s Health Spa Act. This is important because a contract that violates the Act is void, can lead to lawsuits, and result in penalties.

There are two reasons this mistake is made.

First, most martial arts center owners don’t know the law even exists.

Second, of those owners who do know about the law, they incorrectly believe it only applies to Texas gym membership agreements.

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

Although there are exceptions to the Health Spa Act, simply being a martial arts studio, center, or dojo isn’t one of them.

How The Health Spa Act Applies

Under the Act, a “‘health spa‘ means a business that offers for sale, or sells, memberships that provide the members instruction in or the use of facilities for a physical exercise program.” Tex. Occ. Code § 702.003(4).

The Act also states “‘facilities’ means the equipment, physical structures, improvements, including improvements to leasehold premises, and other tangible property, including saunas, whirlpool baths, gymnasiums, running tracks, swimming pools, shower areas, racquetball courts, martial arts equipment, and exercise equipment, that are located at a health spa and used to conduct the business of the health spa.” Tex. Code § 702.003(3).

According to Dallas Contracts Lawyer Mike Young, based on his experience dealing with the issue for martial arts center owners, the Texas Secretary of State’s Registration Division considers martial arts centers to be within the Act.

Getting Help With Your Martial Arts Center Membership Agreement

Do you own a martial arts center in the Lone Star State? Are you unsure if your Texas martial arts contract complies the law? Schedule a telephone consultation with Attorney Young today to get help.

IMPORTANT: Attorney Young represents owners of Texas martial arts centers and gyms.

Do not contact us if you are a member trying to get out of your contract.

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