Do you sell memberships or trials in Massachusetts?
Quick answer
Do you sell memberships, free trials or add fees in Massachusetts? Since September 2, 2025 you must show the full price with every required fee, tell people when a trial will start charging, let them cancel as easily as they joined, and send a renewal reminder 5 to 30 days before the cancel deadline on longer plans. The Attorney General can seek up to $5,000 for each violation. Rule: 940 CMR 38.00.
Last verified October 15, 2026 against the official text. Not legal advice.
If you run a gym, yoga or pilates studio, martial arts or dance school, salon or spa with memberships, tutoring center, coworking space, or any Massachusetts business with free trials or auto-renewing plans, 940 CMR 38.00 is already enforceable.
You need all-in pricing on every offer that shows a price, clear trial and negative-option disclosures before acceptance, a cancel path that is at least as easy as sign-up, and written notices in the statutory windows — including the 5–30 day renewal notice for terms longer than 31 days.
This kit lays those duties out in plain words, with the rule quoted word for word, blank notice and sign wording, a renewal-window calculator, and cancel / fee-audit logs.
- ✓Plain-English checklist with 940 CMR 38.00 quoted word for word
- ✓All-in price lines for memberships, class packs and enrollment fees
- ✓Trial-offer box with calendar cancel-by and first-charge dates
- ✓Auto-renewal terms for online, paper and front-desk sign-ups
- ✓5–30 day renewal notice, monthly charge notice, trial-ending reminder, cancel confirmation
- ✓Front-desk “How to cancel” sign, phone/voicemail script, staff rules
- ✓Excel calculator for each member’s notice window, cancel log and fee audit
- ✓Official mass.gov / malegislature URLs and verified $5,000 AG civil-penalty figure
Blank templates from the public law. Not legal advice, and it does not decide whether a fee is part of Total Price, whether 940 CMR 38.06 exempts you, or cover the Massachusetts health club contract statute (M.G.L. c. 93, §§ 78–89). Covers 940 CMR 38.00 (enforceable September 2, 2025) with verified M.G.L. c. 93A §4 wording. English only.
- ✓Instant download after payment
- ✓Official sources listed in the kit
- ✓12-month re-download access
- ✓Secure checkout by Stripe
Frequently asked questions
When did Massachusetts 940 CMR 38.00 take effect?
Issued March 14, 2025 (Mass. Register #1543). 940 CMR 38.09 states the rule shall apply to acts committed or practices in force as of September 2, 2025. The AG press release and updated guidance confirm businesses must comply by September 2, 2025.
Does it apply to my monthly membership?
Yes. For a Negative Option Feature that is 31 days or less, 940 CMR 38.05(6) requires either the written notice under 38.05(4), or written notice at least as frequently as the consumer is charged that Clearly and Conspicuously discloses the amount charged at auto renewal and how to cancel.
My members sign up at the front desk. Do I need online cancellation?
For in-person sales, 940 CMR 38.05(3)(b)3 requires cancel via Internet or telephone (compliant with 38.05(3)(b)1–2), plus, where practical, an in-person method similar to sign-up. The mechanism must be at least as easy to access and use as the initiation method (38.05(3)(a)). If they enrolled online, Internet cancel must be available through the same website or web-based application.
Can I still charge an enrollment or admin fee?
Yes, but it must sit inside the Total Price you advertise when it is a mandatory fee (940 CMR 38.03 definition; 38.04 disclosure duties). Nature and purpose of such fees must be disclosed Clearly and Conspicuously. This kit does not decide whether a particular fee is mandatory.
What is the civil penalty for a violation?
A violation of 940 CMR 38.00 is an unfair or deceptive act or practice under M.G.L. c. 93A §2. Under M.G.L. c. 93A §4, if the court finds a person employed a method, act or practice which he knew or should have known to be in violation of section two, the court may require such person to pay to the commonwealth a civil penalty of not more than five thousand dollars for each such violation, and also the reasonable costs of investigation and litigation, including reasonable attorneys’ fees. Private actions may also be available under c. 93A §9. This kit does not decide whether a particular practice is a violation.
Doesn't the AG have free templates?
The AG publishes FAQ guidance and related materials. The only sample notice template in that guidance is for insurance renewals. There are no official gym, studio, salon, or membership sign-up, front-desk sign, or renewal-notice templates. This kit provides blank business templates; it is not issued by the AG.
Is this legal advice?
No. This page and the kit are general information and blank templates built from the public law. They are not legal advice, are not tailored to your business, and buying a kit does not create a lawyer-client relationship. For your own situation, ask a Massachusetts licensed attorney.
Official sources
- 940 CMR 38.00 — Unfair and Deceptive Fees (mass.gov regulation page)
- Official PDF: 940 CMR 38.00 (Mass. Register #1543, 3/14/2025)
- AG guidance with respect to unfair and deceptive fees (FAQ)
- AG press release: businesses must comply by September 2
- M.G.L. c. 93A §4 — Actions by attorney general; civil penalty
- M.G.L. c. 93A §9 — Private actions
Law text checked against the official sources above on October 15, 2026 (saved official PDF/TXT plus malegislature.gov §4). General information, not legal advice; laws change, so check the current official text before you rely on it.
Who wrote this and how it was checked
Written and maintained by Astor Ventures. We publish template kits built from public law; we are not a law firm, and no attorney has reviewed this page.
- Last verified: , against the official 940 CMR 38.00 PDF, AG guidance PDF, and M.G.L. c. 93A §4 on malegislature.gov.
- Next scheduled check: if the CMR or c. 93A citation is amended, or within 12 months.
- Found an error? Email [email protected] and we will correct the page and the kit.