The Potential Impact of the PHIT Act and GYMS Act on the USA's Fitness Industry

The fitness industry in the United States stands on the brink of significant transformation with the potential passing of two federal bills: the PHIT Act and the GYMS Act. Both pieces of legislation aim to address the financial and operational challenges faced by fitness businesses and consumers alike. Here’s how these acts could reshape the fitness landscape and strategies for maximizing revenue potential.
Hilary McGuckin
Hilary McGuckin
May 23rd, 2024
The Potential Impact of the PHIT Act and GYMS Act on the USA's Fitness Industry

The fitness industry in the United States stands on the brink of significant transformation with the potential passing of two federal bills: the PHIT Act and the GYMS Act. Both pieces of legislation aim to address the financial and operational challenges faced by fitness businesses and consumers alike. Here’s an in-depth look at how these acts could reshape the USA's fitness landscape, their positive and negative impacts, and strategies for fitness operators to maximize their revenue potential.

Understanding the PHIT Act: An Overview

What is the PHIT Act?

The Personal Health Investment Today (PHIT) Act is a legislative proposal designed to make physical fitness more affordable and accessible to Americans. The act aims to amend the Internal Revenue Code to allow the use of pre-tax medical accounts, such as Health Savings Accounts (HSAs) and Flexible Spending Accounts (FSAs), for fitness-related expenses. These expenses include gym memberships, fitness equipment, and participation fees for sports leagues. The act sets annual caps of $1,000 for individuals and $2,000 for families.

Key Provisions of the PHIT Act

  • Eligibility: Allows expenses related to physical fitness, including gym memberships, fitness equipment, and sports league fees, to be paid from HSAs and FSAs.

  • Annual Caps: Limits the amount that can be spent on these fitness expenses to $1,000 per year for individuals and $2,000 for families.

  • Tax Benefits: Provides a tax benefit by allowing these expenditures to be made with pre-tax dollars, effectively reducing the overall cost to consumers.

When Was the PHIT Act Proposed?

The PHIT Act was reintroduced in the U.S. House of Representatives (H.R. 1582) and the Senate (S. 786) in March 2023. The reintroduction aims to revive and advance the legislative efforts initially made in previous sessions of Congress.

Who Proposed the PHIT Act?

The PHIT Act was introduced by a bipartisan group of lawmakers committed to promoting health and wellness through increased access to physical fitness opportunities. Key sponsors include:

  • House of Representatives: U.S. Representative Ron Kind (D-WI) and U.S. Representative Mike Kelly (R-PA).

  • Senate: U.S. Senator John Thune (R-SD) and U.S. Senator Chris Murphy (D-CT).

Legislative Journey and Decision Timeline

The PHIT Act has garnered significant bipartisan support, with numerous co-sponsors in both the House and the Senate. The legislative process involves several critical steps:

  1. Committee Review: After introduction, the bill was referred to the House Committee on Ways and Means and the Senate Committee on Finance. These committees review the bill, hold hearings, and may suggest amendments.

  2. House and Senate Votes: If the committees approve the bill, it moves to the floor of the House and Senate for debate and voting. It must pass in both chambers.

  3. Reconciliation: If there are differences between the House and Senate versions, a conference committee reconciles them before final approval.

  4. Presidential Approval: Once both chambers pass the final version, it is sent to the President for signature or veto.

When Will the Final Decision Be Made?

As of May 2024, the PHIT Act is still pending in Congress. The timeline for the final decision depends on the legislative calendar and priorities. The bill requires further legislative action, including potential hearings and votes in both the House and the Senate. If the bill progresses smoothly through these stages, it could be enacted within the current or subsequent congressional session.

The PHIT Act: Making Fitness More Affordable

The Personal Health Investment Today (PHIT) Act, if enacted, would allow individuals to use pre-tax medical accounts, such as Health Savings Accounts (HSAs) and Flexible Spending Accounts (FSAs), to cover fitness-related expenses. This includes gym memberships, fitness equipment, and participation fees for sports leagues. The proposed caps are $1,000 per year for individuals and $2,000 for families.

Positive Impacts for Consumers:

  1. Increased Affordability: By allowing the use of HSAs and FSAs for fitness expenses, the PHIT Act would effectively reduce the cost of maintaining a healthy lifestyle. This financial relief could lead to higher participation rates in fitness activities.

  2. Promoting Preventative Health: Making fitness more accessible can encourage preventative health measures, potentially reducing long-term healthcare costs for individuals and the healthcare system overall.

Negative Impacts for Consumers:

  1. Complexity and Compliance: Navigating the rules and compliance requirements for using HSAs and FSAs might be challenging for some consumers, potentially leading to confusion and misuse.

  2. Limited Immediate Impact: While the financial benefits are significant, the immediate out-of-pocket costs still need to be managed until reimbursements are processed.

Positive Impacts for Fitness Businesses:

  1. Increased Memberships: The financial incentives provided by the PHIT Act could lead to a surge in gym memberships and class enrollments as fitness becomes more affordable for a larger segment of the population.

  2. Revenue Growth: With more consumers able to spend on fitness-related activities, fitness businesses could see a substantial increase in revenue.

Negative Impacts for Fitness Businesses:

  1. Initial Implementation Costs: Fitness centers might incur costs associated with updating their billing systems and training staff to manage HSA and FSA payments.

  2. Variable Participation: The impact of the act might vary based on consumer awareness and adoption, leading to inconsistent revenue boosts across different regions and demographics.

Understanding the GYMS Act: An Overview

What is the GYMS Act?

The Gym Mitigation and Survival (GYMS) Act is a legislative proposal aimed at providing financial relief to gyms and fitness facilities that were severely impacted by the COVID-19 pandemic. The act proposes a $30 billion fund to support these businesses, covering expenses such as payroll, rent, mortgage payments, utilities, and worker protection expenditures.

Key Provisions of the GYMS Act

  • Financial Support: Establishes a $30 billion fund to provide grants to gyms and fitness facilities.

  • Eligible Expenses: Grants can be used for payroll, rent, mortgage payments, utilities, worker protection expenditures, and other operating costs.

  • Relief Focus: Targets businesses that have been significantly affected by pandemic-related restrictions and closures.

When Was the GYMS Act Proposed?

The GYMS Act was introduced in the U.S. House of Representatives in early 2021 and reintroduced with continued advocacy and updates in subsequent sessions of Congress to reflect ongoing needs and economic conditions.

Who Proposed the GYMS Act?

The GYMS Act was introduced by a bipartisan group of lawmakers who recognized the severe financial strain faced by the fitness industry due to the COVID-19 pandemic. Key sponsors include:

  • House of Representatives: U.S. Representatives Mike Quigley (D-IL) and Brian Fitzpatrick (R-PA).

  • Senate: Efforts to gain Senate support have been ongoing, with various senators expressing backing for the initiative.

Legislative Journey and Decision Timeline

The GYMS Act has received significant support, including over 140 co-sponsors in the House of Representatives and backing from several senators. The legislative process involves several critical steps:

  1. Committee Review: After introduction, the bill is referred to relevant committees in the House and Senate, such as the House Committee on Small Business. These committees review the bill, hold hearings, and may suggest amendments.

  2. House and Senate Votes: If the committees approve the bill, it moves to the floor of the House and Senate for debate and voting. It must pass in both chambers.

  3. Reconciliation: If there are differences between the House and Senate versions, a conference committee reconciles them before final approval.

  4. Presidential Approval: Once both chambers pass the final version, it is sent to the President for signature or veto.

When Will the Final Decision Be Made?

As of May 2024, the GYMS Act has not yet been enacted into law. The timeline for the final decision depends on several factors, including legislative priorities and negotiations within Congress. The bill requires further legislative action, including potential hearings, debates, and votes in both the House and the Senate. Advocacy efforts continue to lobby for its inclusion in future relief packages and economic support measures.

The GYMS Act: Providing Financial Relief

The Gym Mitigation and Survival (GYMS) Act proposes a $30 billion fund to support gyms and fitness facilities severely impacted by the COVID-19 pandemic. This would include grants to cover expenses such as payroll, rent, mortgage payments, utilities, and worker protection expenditures.

Positive Impacts for Consumers:

  1. Sustained Access to Fitness Facilities: Financial support for gyms ensures that consumers continue to have access to local fitness facilities, crucial for maintaining community health and wellness.

  2. Improved Services: The financial aid can help gyms invest in better equipment and services, enhancing the overall consumer experience.

Negative Impacts for Consumers:

  1. Potential for Increased Costs: Some gyms might use the financial relief to cover past losses, which could lead to increased membership fees or service costs in the future as they stabilize their operations.

Positive Impacts for Fitness Businesses:

  1. Operational Stability: The GYMS Act would provide the much-needed financial support to help fitness businesses recover from the economic impacts of the pandemic, ensuring their continued operation.

  2. Job Retention: By covering payroll and other expenses, the act would help fitness facilities retain staff, preserving jobs in the industry.

Negative Impacts for Fitness Businesses:

  1. Dependency on Grants: Some businesses might become overly reliant on the financial support provided by the GYMS Act, potentially delaying necessary operational adjustments and innovations for long-term sustainability.

Strategies for Fitness Operators to Maximize Revenue Potential

To fully capitalize on the potential benefits of the PHIT and GYMS Acts, fitness operators in the United States should consider the following strategies:

  1. Educate Consumers: Run educational campaigns to inform members about how they can use their HSAs and FSAs for fitness expenses. This can help increase participation and membership renewals. (More on this below!)

  2. Simplify Payment Processes: Invest in seamless billing systems that can easily handle HSA and FSA payments, ensuring a smooth experience for consumers.

  3. Enhance Service Offerings: Use the financial relief from the GYMS Act to upgrade facilities, expand class offerings, and improve overall service quality. This can help attract new members and retain existing ones.

  4. Diversify Revenue Streams: Explore additional revenue streams such as virtual fitness classes, wellness programs, and retail sales of fitness equipment and apparel.

  5. Strengthen Community Engagement: Foster a strong community presence through local events, partnerships with healthcare providers, and active social media engagement to build a loyal customer base.

By strategically leveraging the potential benefits of the PHIT and GYMS Acts, fitness operators in the United States can enhance their service offerings, attract new members, and secure a more stable financial future.

"The PHIT Act and GYMS Act represent significant strides forward for the fitness industry and consumers in America. By making fitness more accessible and affordable, these legislative efforts can help increase participation in physical activities, which is essential for improving public health. For the fitness industry, these acts could lead to increased memberships, engagement, and revenue as more people are incentivized to invest in their health and wellness. At Keepme, we believe these initiatives will drive growth and innovation, enabling us to better support gyms and their members in achieving their fitness goals."

Ian Mullane - Keepme CEO & Founder
Ian Mullane
Keepme CEO & Founder

Leveraging Marketing Automation for Revenue Maximization in the Wake of the PHIT and GYMS Acts

To maximize revenue potential, supercharge fitness retention and increase the ROI of gym member acquisition strategies, fitness operators should look to harness the power of marketing automation through email and SMS. Here’s how:

1. Educational Campaigns

Objective: Inform consumers about the benefits and implications of the PHIT and GYMS Acts.

Email Automation Strategy:

  • Welcome Series: Prepare a series of automated emails for new members explaining how they can use HSAs and FSAs for fitness expenses under the PHIT Act.

  • Educational Content: Send weekly newsletters with detailed information about the PHIT and GYMS Acts, eligibility criteria, and step-by-step guides on how to use pre-tax medical accounts.

  • Webinars and Workshops: Promote educational webinars or in-person workshops through email invitations, educating members on navigating the new financial opportunities.

SMS Automation Strategy:

  • Quick Tips: Send concise, actionable SMS tips on how to claim fitness-related expenses using HSAs and FSAs.

  • Reminders: Schedule automated SMS reminders for upcoming webinars or workshops, ensuring high participation rates.

2. Simplified Payment Processes

Objective: Ensure a smooth and hassle-free experience for consumers using HSAs and FSAs.

Email Automation Strategy:

  • Guided Instructions: Provide detailed instructions on how to set up and manage HSA and FSA payments via email.

  • Support Emails: Send automated follow-up emails offering assistance and answering FAQs about payment processes.

SMS Automation Strategy:

  • Step-by-Step Assistance: Offer SMS support for setting up payments, providing direct links to instructional resources.

  • Confirmation Messages: Send automated SMS confirmations once HSA or FSA payments are processed, reassuring gym members of successful transactions.

3. Enhanced Service Offerings

Objective: Utilize financial relief from the GYMS Act to upgrade facilities and expand service offerings.

Email Automation Strategy:

  • Announcements: Use email campaigns to announce new equipment, classes, or facility upgrades funded by the GYMS Act relief.

  • Member Feedback: Send automated surveys to gather member feedback on desired upgrades and new service offerings.

SMS Automation Strategy:

  • Instant Updates: Notify members via SMS about new classes, equipment arrivals, or facility improvements.

  • Special Offers: Send exclusive offers or discounts on new services and classes to encourage trial and adoption.

4. Diversified Revenue Streams

Objective: Explore additional revenue streams such as virtual fitness classes, wellness programs, and retail sales.

Email Automation Strategy:

  • Product Launches: Automate emails to announce new virtual classes, wellness programs, or retail products.

  • Subscription Plans: Promote membership packages that include access to virtual classes and wellness programs through automated email campaigns.

SMS Automation Strategy:

  • Exclusive Deals: Send SMS alerts with exclusive discounts on retail products or bundled service packages.

  • Event Promotions: Use SMS to promote upcoming virtual classes or wellness events, driving higher attendance and participation.

5. Strengthened Community Engagement

Objective: Foster a loyal customer base through community events, partnerships, and active engagement.

Email Automation Strategy:

  • Community Newsletters: Regularly send automated newsletters highlighting community events, success stories, and partnership initiatives.

  • Event Invitations: Automate email invitations for local events, charity runs, and community challenges to increase engagement.

SMS Automation Strategy:

  • Event Reminders: Send automated SMS reminders for community events and challenges.

  • Engagement Campaigns: Launch SMS campaigns encouraging members to share their fitness journeys and success stories, fostering a sense of community.

Implementation Tips

  1. Segmentation: Use customer segmentation to tailor email and SMS content to different member groups based on their interests, activity levels, and preferences.

  2. Personalization: Leverage personalization in both email and SMS to address members by name and offer customized content relevant to their fitness goals.

  3. Automation Tools: Utilize robust marketing automation platforms like Mailchimp, ActiveCampaign, or Klaviyo for email, and tools like Twilio or SimpleTexting for SMS campaigns.

By strategically implementing marketing automation through email and SMS, fitness operators can effectively educate consumers, streamline payment processes, enhance service offerings, diversify revenue streams, and strengthen community engagement. These efforts will position fitness businesses to fully leverage the potential benefits of the PHIT and GYMS Acts, driving increased memberships and sustained revenue growth.