HFA’s State of the States 2026: US Fitness Policy Update & Compliance Guide
Posted: February 11, 2026 in HFA
State of the States 2026
WASHINGTON, D.C. – As the US health and fitness sector continues to grow, diversify and evolve, so too does the policy environment that shapes how gyms, health clubs, studios and other fitness businesses operate. It is for this reason that the Health & Fitness Association (HFA) has developed the State of the States report: a definitive, state-by-state guide to the US fitness industry’s legislative and regulatory landscape. State of the States is designed to help operators, policymakers and industry stakeholders better understand the regulatory environment, market conditions and key policy developments that affect fitness businesses nationwide. These insights allow the sector to track year-over-year changes, anticipate emerging policy risks, support advocacy campaigns and ensure compliance with state-level requirements.
Report highlights
More than 160 fitness-relevant bills were considered in 2025
21 bills were enacted into law, with many more eligible for carryover into 2026
Consumer protection, pricing transparency, and auto-renewal policies dominated legislative activity
Growing focus on biometric data, click-to-cancel rules, and health and sanitation standards
Only eight states did not consider new legislation in any of the policy areas tracked, underscoring how actively state policymakers are engaging with issues that affect fitness businesses.
Scope
The report is structured in two complementary parts. The first half offers a year-in-review analysis of state legislative and regulatory developments, highlighting enacted laws, significant proposals, and emerging policy trends affecting fitness facilities.
The second half functions as a compliance reference tool. Comparative tables provide a standardized, cross-state summary of major operator requirements, allowing readers to quickly identify areas of alignment or difference across states. Together, these tables consolidate complex statutory and regulatory obligations into an accessible format designed to support rapid compliance checks, multi-state planning, and internal risk assessment.
Areas of Legislative Activity Tracked:
- Advertising & Transparency Requirements;
- Click-to-Cancel and Auto-Renewal Restrictions;
- Consumer Protection and Membership Practices;
- Fitness-Related Tax Policy;
- Geolocation & Biometric Data Collection Restrictions;
- Health and Sanitation Requirements;
- Liability Waivers;
- Personnel & Accessibility Requirements;
- Treatment of Independent Contractors.
Compliance Areas Covered:
- AED Liability Requirements;
- Automatic Renewal Restrictions;
- Bonding/Escrow Requirements;
- Click to Cancel;
- Cold Spa and Sauna Temperature Regulations;
- Cold Spa Lifeguard and Sanitation Compliance;
- Collection of Customer Location Data for Check-in Purposes;
- Collection of Fingerprint Scans for Barcode Entry;
- Compliance with Auto-Expire Provisions;
- Cooling-Off Period;
- Credit/Debit Card Collection Prohibition for Free Trial Enrollment;
- Disclosure and Affirmative Consent for Monthly or Annual Membership;
- Does the State Sales Tax Apply to Non-profit Fitness Memberships?;
- Free Trial Restrictions;
- Immediate Cancellation or Immediate Halting Charges Language;
- Liability Waiver Ban;
- Price Transparency and Total Price Advertising Requirements;
- Property Tax on Publicly-Funded Facilities;
- Refund Timelines;
- Required Cancellation Methods;
- Service Animal Access Requirements – Emotional Support Animals;
- State mandates for fitness instructors or personal trainers to hold specific licenses or certifications;
- State mandates on accessible design (beyond ADA);
- State Sales Tax on Fitness Facility Memberships;
- Stricter-than-Federal Franchise Disclosure Obligations;
- Treatment of Independent Contractors;
- Youth Access & Age Restrictions.
Methodology
Research for this report is based on publicly available state legislative, regulatory, and rulemaking sources. The Health & Fitness Association partnered with Stateside Associates, a state government affairs firm with more than 30 years of experience, to conduct a comprehensive review of statutes, regulations, legislative activity, and rulemaking, supplemented by HFA’s internal policy tracking.
