If you’re offering corporate gym memberships in the Lone Star State, be sure the right person is signing the Texas gym corporate membership agreement.
Don’t assume that only the company should sign the agreement just because it’s paying for the employee to use your fitness center.
Here’s why…
The Texas Health Spa Act and the state’s biometrics law are targeted to protecting the individual (not corporations who employ them).
In addition, a well-drafted gym membership agreement covers many issues involving individual behavior, liability, and assumption of risk.
There are also documents related to a gym membership contract that you’ll want the individual user to sign (e.g., waivers, releases, etc.). The corporate employer can’t sign on their behalf.
Yes, some Texas corporate gym memberships require a binding contract between the gym owner and the corporation whose employees will be using the facility. But that’s in addition to the membership agreement and other legal documents signed by each participating employee. It doesn’t replace those documents.
Just don’t assume the corporate employer assumes the role of each individual user when it comes to the legal protection you need. Because you could be using an unenforceable Texas gym corporate membership agreement if it violates state law. And you’ll risk government fines even if you didn’t intend to do anything wrong.
An experienced Texas business lawyer can prepare the right type of contracts and ancillary legal documents you need to protect yourself and your gym when selling corporate memberships.
