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.
Fortunately, an experienced Texas business lawyer can help you comply with the state law, including registration, meeting security requirements, and having the right membership contracts in place.
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