Do you have a Texas pickleball club that sells memberships? And a physical facility for your club (leased or owned)? Then chances are you’re going to have to comply with the Texas Health Spa Act if your club is based in the Lone Star State.
Why The Health Spa Act Applies To Pickleball Clubs
Under the Health Spa Act, a “health spa” is a business that sells or offers to sell memberships for instruction in or use of facilities for a physical exercise program.
Now, what’s a facility?
A “facility” means a physical building with equipment and other improvements. For example, if you have a building with pickleball courts that you’ve leased space for your club.
Related Article: Texas Health Spa Act Security Requirements
And if you’re using a physical facility like this for your pickleball club and you’re selling memberships, you need to take a look at the State Health Spa Act. Because there are some certain requirements that may need to comply with so that your membership agreements are valid.
What Happens If You Don’t Comply With The Spa Act For Your Texas Pickleball Club?
If you violate the Texas Health Spa Act, your pickleball membership contracts may be void on their face.
In other words, no matter what’s signed by the pickleball club member, even if it looks legitimate as a contract, it’s void and not enforceable against that member because the Act has not been followed.
So, what should you do?
1. Retain an experienced Texas business lawyer who understands how to comply with the Texas Health Spa Act and Texas’ biometrics law.
2. Get your pickleball club properly registered with the state.
3. Make sure that you have a membership agreement, waivers, and media releases you need to protect your club.