Skip to main content

Does Your Texas Gym Collect Member Biometrics?

By September 25, 2019June 9th, 2020Business Contracts, Business Lawyer

texas gym member biometrics collectionDo you own a fitness center in the Lone Star State? Then you’ll want to know about state law protecting Texas gym member biometrics.

4 Biometric Identifiers

There are four types of biometric data protected by Texas law:

(1) fingerprint;
(2) retina or iris scan;
(3) voiceprint; and
(4) record of hand or face geometry.

3 Popular Texas Gym Member Biometrics Uses

Some Texas fitness facilities are using biometrics for one or more of these member services:

(1) providing late night access to the gym when there aren’t employees working;
(2) tracking member location and fitness activities; and
(3) enabling members to easily make purchases of clothing, sports drinks, etc.

How Does State Law Protect Texas Gym Member Biometrics?

Texas law requires gym owners to notify members that biometric identifiers will be collected/used and obtain member consent to do so. The data must be kept confidential, cannot be sold to third parties, and has to be promptly destroyed when it’s no longer needed (e.g. membership ends).

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

What About Gym Employees and Non-Member Guests?

The Texas biometrics law also covers collection and use of employee and guest data too. However, it’s relatively rare that fitness centers collect biometric identifiers from guests.

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

Do You Need Legal Help?

Of course, in addition to state biometrics laws, there’s also the Texas Health Spa Act that gym owners have to be concerned about.

If you own a Texas gym and need help with your membership agreements, waivers, or releases, 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


Mike Young, Esq.

Author Mike Young, Esq.

Mike Young has been practicing business and technology law since 1994 and is an angel investor in startups. He's been an entrepreneur since 1988. To get legal help from Attorney Young, click here now or call 214-546-4247 to schedule a phone consultation.

More posts by Mike Young, Esq.