Although the state’s spa law applies to most gyms and martial arts studios in the Lone Star State, there are a few Texas Health Spa Act exemptions. Your fitness center or dojo may be exempted from compliance if it:
- Is approved as a tax exempt organization by the IRS;
- Is a private club that’s owned and operated by its members;
- Only teaches dance or aerobic exercise;
- Is dedicated to providing physical rehab for injuries and disease;
- The activity is authorized by license issued by the State of Texas;
- The activity is sanctioned or conducted per the state’s Education Code; or
- Your facility is a government hospital or clinic.
As a practical matter, few for-profit ventures qualify for one of these Texas Health Spa Act exemptions except dance studios, aerobics centers, and the like.