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texas health spa act

Are Your Texas Gym Membership Contracts Valid?

By Business Contracts, Business Lawyer
texas gym closed by the state of texas government

When you own a Texas gym, you must comply with state law covering such businesses. And, if you provide membership financing options, you also have to comply with federal law that protects consumers.

The biggest mistake Texas gym owners make is failing to comply with the state’s health spa act. If you break this law, among other things, your membership contracts aren’t enforceable. Plus you can end up getting sued by the Texas Attorney General and end up paying penalties.

Then there’s the state’s biometrics law. Even if you’re not collecting biometrics (e.g., eye scans) for gym access and purchases, there’s a good chance that any mobile app you use for the gym members will have access to facial recognition or fingerprint data.

Of course, even if your membership agreements are valid, they can still be missing important terms and conditions designed to protect you as the gym owner.

And then there’s related Texas gym membership documents. These include media releases and waivers of liability.

Now if you need help with your Texas gym’s legal documents, the first step is to set up a phone consultation with Business Lawyer Mike Young.

Do You Know The #1 Reason Texas Gyms Go Bankrupt?

By Business Contracts, Business Lawyer

If you own a Texas gym or martial arts studio, there’s one thing you can do to dramatically improve your chances of staying in business.

Continuity.

Let me explain…

If you own a Texas gym or dojo, chances are you’re a skilled technician. And you view what you do through that lens.

Yet it’s a poor business model designed to leave profit to chance. If you’re in the right location and a roaring economy, you can stay afloat despite this flawed model.

Then something happens. Your landlord jacks up the rent, disaster strikes (e.g., a pandemic), or the economy tanks. Members disappear faster than water down the drain. And you’re forced to close.

Think this won’t happen to you? It happened to many Texas gyms and martial arts studios during and after COVID-19. They “temporarily” shut down and never reopened.

To financially succeed, you need continuity.

And that comes from long-term membership contracts that generate steady cash flow. Ideally most membership agreements will be 1-3 years in length with renewal provisions that comply with the Texas Health Spa Act.

If your business model is either “no contract” or “month-to-month” with cancel at any time, you’re sitting on a ticking time bomb, not a cash cow. 

Because your members will disappear at the least inconvenience (e.g., a temporary COVID shutdown). And won’t return.

So, what’s the “down side” to long-term membership contracts? 

It forces you to act like a business owner instead of a technician with an expensive hobby. 

If that’s too much, consider either freelance training others or working for someone who owns a successful gym or dojo so you don’t have the responsibilities. 

Now if you’re serious about succeeding as an owner, and you need help with your membership agreements, let’s talk. Schedule a phone consultation with Texas Business Lawyer Mike Young.

Does Your Texas Gym Membership Cancelation Policy Violate State Law?

By Business Contracts, Business Lawyer
texas gym membership contract

When you own a Texas gym, it’s important to make sure you comply with state law, particularly the Texas Health Spa Act.

For example, if you have a firm “no early termination” policy, and your gym is covered by the Act, then you’re probably breaking the law.

Why?

Because the Texas law makes it mandatory in some circumstances to let the member end the agreement early.

Not only that, there are certain disclosures you must make in the gym membership contract about membership cancelation rights.

What happens if you violate the Texas Health Spa Act? Every one of your gym contracts can be void.

How long would you stay in business if all your members could walk away today because their membership agreements are unenforceable?

And if there are enough member complaints, you risk a lawsuit from the Texas Attorney General’s Office too for violating the law. Can you afford that?

Now if you’re a Texas gym owner and you need help with your membership contract, it’s time to schedule a phone consultation with Business Lawyer Mike Young. Note that Attorney Young only represents Texas gyms and their owners (not gym members).

3 Mistakes Texas Martial Arts Dojo Owners Make

By Business Contracts, Business Lawyer
texas martial arts dojo

When you own a Texas martial arts dojo, you want to make sure you comply with state law so you don’t lose everything in a lawsuit or government investigation.

Here are three common mistakes made by Texas dojo owners…

Mistake #1 – Violating The Texas Health Spa Act.

If you don’t comply with state’s Health Spa Act, every one of your members’ contracts could be void. And that’s in addition to other penalties you could face for violating the law.

How would you be able to stay in business if you couldn’t enforce your membership agreements?

Mistake #2 – Wrong Waivers & Releases

Most liability waivers Texas gyms and martial arts studios use are (a) at least partially unenforceable and (b) don’t cover everything you need as an owner for protection.

What this means is an increased risk of getting sued for personal injuries or intellectual property rights by a guest or member…and losing that lawsuit.

Mistake #3 – Treating Employees As Independent Contractors

Whether an instructor or someone working at the front desk, it’s a mistake to disguise an employee as an independent contractor in order to save time or money.

Because if you get caught, you can end up paying additional employee compensation, unemployment and worker’s compensation, plus penalties.

Do you need help protecting your Texas martial arts dojo by putting the right legal documents in place? If so, it’s time to schedule a phone consultation with Business Lawyer Mike Young.

Are You Running Your Texas Gym Illegally?

By Internet Lawyer

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.