Cancelling a gym membership in Texas: your rights

Health Spa Act

Tex. Occ. Code ch. 702 (§§ 702.001–702.558)

Change your mind after signing

A member may cancel and receive a full refund by sending, not later than midnight of the third business day after the contract date, written notice of cancellation, with proof of payment, by certified mail to the certificate holder's home office (Tex. Occ. Code § 702.307(a)). The spa must refund the payments not later than the 30th day after the date it receives the notice (§ 702.307(b)). The contract must print this right, with the home office address, in at least 10-point conspicuous type (§ 702.304(a)(2)). A receipt from the spa counts as proof of payment (§ 702.309).

If you become disabled or ill

A member who becomes totally and permanently disabled after the contract is entered into may cancel and get a refund of unearned payments by sending written notice of cancellation by certified mail to the certificate holder's home office; the spa may require reasonable proof of the disability (Tex. Occ. Code § 702.308(b)). Refund is due not later than the 30th day after the notice is received (§ 702.308(c)); unearned payments are computed month-by-month under § 702.252 using the cancellation date (§ 702.308(d)).

If the member dies

If the member dies after the contract is entered into, the member's estate may cancel by written notice by certified mail to the home office and receive a refund of unearned payments; the spa may require reasonable proof of death; refund within 30 days after notice is received (Tex. Occ. Code § 702.308(b)-(c)).

How notice can be given

Each statutory cancellation is by written notice sent by certified mail to the certificate holder's home office (Tex. Occ. Code §§ 702.307(a), 702.308(a)-(b)). For the 3-business-day cancellation and for cancellations because the spa closed, relocated, or failed to provide advertised services, the notice must be accompanied by proof of payment (§§ 702.307(a), 702.308(a)). The 3-day rule turns on sending the notice by the deadline; the 30-day refund period runs from the spa's receipt of the notice. The statute does not provide for email, phone or online cancellation.

Limits on contracts

Contract term may not exceed three years; a contract financed through a retail installment contract or note may not require payments or financing for more than five years after the contract date (Tex. Occ. Code § 702.303(a)-(b)). If the spa is unusable for 30 or more consecutive days because of an event beyond the owner's control, each affected member's term must be extended by the closure period (§ 702.303(c)). Overlapping contracts between the same seller and purchaser are treated as one contract (§ 702.303(d)). The contract must be in writing and signed by the purchaser, and it is the entire agreement (§ 702.301).

Other rules

Scope: a 'health spa' is a business that sells memberships providing instruction in, or use of facilities for, a physical exercise program. Excluded: organizations tax-exempt under Internal Revenue Code § 501 et seq.; member-owned private clubs; entities operated exclusively to teach dance or aerobic exercise or to provide injury- or disease-related physical rehabilitation; persons acting under a state-issued license; school activities under the Education Code; and hospitals or clinics run by state, federal, or local government (Tex. Occ. Code § 702.003(4)). Spa closing or moving (not the member moving): a member may cancel with a refund of unearned payments, by certified mail with proof of payment, if the spa closes and fails to provide alternative facilities not more than 10 miles away, relocates more than 10 miles, or fails to provide advertised services (§ 702.308(a)). For a closure or relocation, a member may also file a claim against the spa's bond or other security with the Texas Secretary of State; the claim must be received within 90 days after the Secretary first posts the closure notice online (§§ 702.251, 702.254). Operators must register annually with the Secretary of State (§§ 702.101, 702.104) and post $20,000–$50,000 security unless exempt (§§ 702.151, 702.202). Prepayments for unopened spas must be escrowed, with full-refund rights if the spa does not open on time (§§ 702.352, 702.355). A contract is void if it does not comply with the chapter or the seller was unregistered (§ 702.311); waivers are void (§ 702.401); a violation is a deceptive trade practice under Bus. & Com. Code § 17.46 (§ 702.403); members may sue for actual damages, equitable relief, punitive damages and attorney's fees (§§ 702.501, 702.503). The Secretary of State is a filing officer only and does not resolve disputes or decide refunds. Currency: the official statute page (Texas Legislative Council, last modified April 2026) shows no amendment to chapter 702 after 2011; SB 1835 (88th Leg., 2023), which proposed new cancellation-notice requirements, did not pass.

Good to know

Texas's Health Spa Act specifically names certified mail to the spa's home office (whose address must be printed in the contract) for every statutory cancellation: the 3-business-day cancellation, cancellation after the spa closes, moves more than 10 miles or fails to provide advertised services, and cancellation on the member's death or total and permanent disability. The Act has no right to cancel because the member moves away; the distance rules concern the spa closing or relocating. The Texas Secretary of State keeps registrations and bonds and accepts closure claims, but says it cannot regulate spa business practices or decide refunds; complaints about violations go to the Attorney General.

Putting it in writing

Whatever the law says, a written notice you can prove is the safest way to cancel. A letter sent by USPS Certified Mail with a return receipt shows when your notice was mailed and delivered, and who signed for it.

Sources

1. Tex. Occ. Code ch. 702 (Texas Constitution and Statutes, Texas Legislative Council): § 702.307(a) (official, 2026-10-11)
2. Tex. Occ. Code § 702.307(b): refund timing (official, 2026-10-11)
3. Tex. Occ. Code § 702.308(b): death or disability (official, 2026-10-11)
4. Tex. Occ. Code § 702.308(a)(2): spa relocation (official, 2026-10-11)
5. Tex. Occ. Code § 702.303(a): term limit (official, 2026-10-11)
6. Tex. Occ. Code § 702.003(4): exemptions (official, 2026-10-11)
7. Tex. Occ. Code § 702.309: proof of payment (official, 2026-10-11)
8. Texas Secretary of State: Frequently Asked Questions for Health Spas (official, 2026-10-11)
9. Texas Secretary of State: Frequently Asked Questions for Health Spas (role of the Secretary) (official, 2026-10-11)
10. Texas Legislature Online: SB 838, 89th Leg. (R) bill history (subscription service contracts) (official, 2026-10-11)
11. Texas Legislature Online: HB 2859, 89th Leg. (R) bill history (official, 2026-10-11)
12. Texas Legislature Online: HB 860, 89th Leg. (R) bill history (official, 2026-10-11)
13. Texas Legislature Online: SB 1835, 88th Leg. (R) bill history (health spa cancellation; not enacted) (official, 2026-10-11)

This page explains the law in plain words. It is not legal advice and may not cover every case; laws change, so check the official text or ask a lawyer about your situation. CancelSent is not a law firm and does not give legal advice. We prepare, print and mail the letter you sign, as your mailing service. Whether and when a gym cancels depends on your agreement and the law where you live.