Gym and health club contracts are notoriously stringent and difficult to break, and have often been the subject of class action lawsuits and other litigation. But like other properly-executed contracts, gym and health club contracts are generally enforceable unless they are unconscionable as a matter of law (this is rare) or include provisions that are prohibited by law. Most states have specific laws (statutes) that limit the terms that may be included in gym and health club contracts—and if such a contract does not comply with the state’s laws, it is likely void and unenforceable—at least in part.
In Texas, gym and health club contracts are regulated under the Texas Health Spa Act, which is designed to protect consumers from unfair business practices. The Act requires health spas to register with the Texas Secretary of State and to adhere to specific contract provisions. For example, contracts must not exceed a term of three years and must include a right to cancel within three days of signing the contract, among other consumer rights. Additionally, the Act mandates that health spas maintain a performance bond or other financial security to protect members in case the gym closes or fails to provide the contracted services. If a gym or health club contract violates these statutory requirements, it may be considered void and unenforceable. However, if the contract is compliant and does not contain any unconscionable terms, it is generally enforceable like other contracts. Consumers who believe their gym contract is unfair or illegal may wish to consult with an attorney to explore their legal options.
