Mass. Gen. Laws » Part I Title XV Chapter 93
Massachusetts General Laws

Mass. Gen. Laws ch. 93, § 85 (2026)

Void and unenforceable contracts for health club services

✓ current as of July 2026
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Section 85. Any contract for health club services which does not comply with the applicable provisions of this chapter shall be void and unenforceable as contrary to public policy. Any waiver by the buyer of the provisions of this chapter shall be deemed void and unenforceable by the seller as contrary to public policy.

Notes of Decisions
Cited in 5 cases (1 in the last 5 years), 1986–2023 · leading case: Ruiz v. Bally Total Fitness Holding Corp., 496 F.3d 1 (1st Cir. 2007).
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Ruiz v. Bally Total Fitness Holding Corp., 496 F.3d 1 (1st Cir. 2007). “See Mass. Gen. Laws ch. 93, § 85 (“Any contract for health club services which does not comply with the applicable provisions of this chapter shall be void and unenforceable as contrary to public policy.”
Ruiz v. Bally Total Fitness Holding Corp., 447 F. Supp. 2d 23 (D. Mass. 2006). “See also Mass. Gen. Laws ch. 93, § 85 (declaring waivers of Health Club Act provisions void and unenforceable).”
North Am. Consol., Inc. v. Kopka, 644 F. Supp. 191 (D. Mass. 1986). “…of the provisions of this Chapter shall be deemed void and unenforceable by the Seller as contrary to public policy.” Mass.Gen.Laws c. 93, § 85.”
Yevgenia Albats Town Sports Int'l, Inc. d/b/a Boston Sports Club, & Another (Mass. Super. Ct. 2023). · cites it 2× “Declaratory Judgment Count IV of the amended complaint seeks a declaratory judgment of the rights of the parties under the form contract, and a declaration that the contract is "void and unenforceable·· pursuant to G.L c. 93, § 85. That statute provides. in part, that "[a]ny…”
Holiday Universal, Inc. v. Haber, 1990 Mass. App. Div. 69 (Mass. Dist. Ct., App. Div. 1990). · cites it 2× “93, §80 and was, therefore, void and unenforceable pursuant to G.L c. 93, § 85. 1 The alleged offensive provision of the contract states: Member fully understands and agrees that in participating in one or more of the fitness programs, or using the facilities maintained by…”
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