Terms & Conditions for Anytime Fitness Mobile Application
Last modified October 18, 2022
By accepting these Terms and Conditions you agree that you have read and understand and agree to comply in full with these terms and conditions.
The words “user,” “you” and “your” mean you and “Anytime Fitness,” “Club,” “we,” “our,” and “us” refer to Anytime Fitness Franchisor, LLC d/b/a Anytime Fitness and its officers, directors, employees, affiliates, volunteers, agents and authorized representatives including independent contractors.
Assumption of Risk, Release, Waiver of Liability. Using the Anytime Fitness Mobile Application, participating in live streamed or online fitness classes or attempting fitness exercises or movements shown in the Anytime Fitness Mobile Application involves the risk of injury to you, whether you or someone else causes it. Specific risks vary from one activity to another and the risks range from minor injuries or disease, to major injuries, such as catastrophic injuries including death. In consideration of your participation in the activities offered by Anytime Fitness via the Anytime Fitness Mobile Application, you understand and voluntarily accept this risk and agree that Anytime Fitness, its officers, directors, employees, affiliates, volunteers, agents and it’s authorized representatives including independent contractors will not be liable for any injury, including, without limitation, personal, bodily, or mental injury, disease, economic loss or any damage to you, your spouse, guests, unborn child, or relatives resulting from any negligence of Anytime Fitness or anyone on Anytime Fitness’ behalf or anyone using the Anytime Fitness Mobile Application whether related to exercise or not. Further, you understand and acknowledge that Anytime Fitness does not manufacture fitness or other equipment and you understand and acknowledge that Anytime Fitness is providing recreational services and may not be held liable for defective products. You further expressly agree that this Release of Liability and Assumption of Risk is intended to be as broad and inclusive as permitted by law, but does not release, discharge, or waive any claims arising from reckless or intentional acts.
User’s Health Warranty. User represents that he / she is in good health and has no disability, impairment, injury, disease, or ailment, preventing him or her from engaging in active or passive exercise or which could cause increased risk of injury or adverse health consequences as a result of exercise. Anytime Fitness recommends you have a medical examination by a physician before commencing any exercise program, and especially for Users who are at risk, including but not limited to elderly or pregnant Users, or Users unaccustomed to physical exertion, or who have physical limitations, a history of high blood pressure, heart problems or other chronic illnesses, or Users who have a history of heart disease.
Medical Disclaimer. User has been informed and acknowledges that Anytime Fitness, nor it’s authorized representatives make no claims as to medical results that can or may be obtained through use of the Anytime Fitness Mobile Application. Anytime Fitness has neither suggested nor will it suggest any medical treatment to Users. Only licensed medical professionals are qualified to give medical advice. User is instructed not to act on the advice given by Anytime Fitness or it’s authorized representatives unless such advice has been verified by User’s licensed professional physician.
User Code of Conduct. At the sole discretion of Anytime Fitness, User’s use of the Anytime Fitness Mobile Application may be revoked or suspended at any time if in the judgment of Anytime Fitness (a) User posts content, comments or otherwise acts in a manner inconsistent with established standards of conduct; (b) User has otherwise behaved in a manner contrary to the best interests of Anytime Fitness or any of Anytime Fitness’ members or employees; (c) User has instituted any type of legal action against Anytime Fitness, including but not limited to civil actions, arbitrations and/or mediations; and/or (d) Anytime Fitness has instituted any type of legal action including, but not limited to civil actions, arbitrations and/or mediations against User.
Anytime Fitness may refuse to post or remove any posts, comments or other content at any time and for any reason, in the exercise of it’s sole discretion.
Grant of Unlimited, Irrevocable License in Posted Content. If you choose to post photos, videos, comments or other content via the Anytime Fitness Mobile Application (“Posted Content”), you understand that your name, any interaction you may have via social media, and your image will be visible to other users. Therefore, you hereby represent and agree as follows:
- You consent to Anytime Fitness’ use of Posted Content, including your photographic and videotaped likeness, and or your voice in any manner and in Anytime Fitness’ sole discretion.
- You hereby grant an irrevocable, worldwide, unconditional license in the Posted Content and authorize Anytime Fitness to use and reuse the Posted Content, your name, photograph and/or video likeness, voice, biographical information and any reproduction or simulation thereof, in any form of media or technology now known or hereafter developed (including, but not limited to, film, video, and digital or other electronic media), including the sale, publication, display, advertising, and trade of the video, for whatever purposes the Anytime Fitness deems necessary relating to Anytime Fitness’ business, and in connection with these matters you hereby release Anytime Fitness from any and all liability associated therewith. You shall have no right of approval, no claim to compensation, and no claim arising out of any use or alteration of.
You expressly agree that this release and the above consents are intended to be as broad and inclusive as permitted by applicable law. If any portion of the release from liability or the consents is deemed by an arbitrator or court of competent jurisdiction to be invalid, then the remainder of this agreement shall remain in full force and effect.
This agreement applies to any person acting for you, on your behalf or acquiring rights through you including but not limited to your heirs, assigns, personal representatives, and any other next of kin. You understand that Anytime Fitness is relying on this agreement in agreeing to allow your use of the Anytime Fitness Mobile Application.
Member Referrals. By participating in any referral programs (e.g., refer or invite a friend, invite a friend, sharing a guest pass, etc.), you agree to comply with all applicable legislation including the Telephone Consumer Protection Act (TCPA), Washington’s Commercial Electronic Mail Act (CEMA), Florida’s Telemarketing Act, as amended, the Controlling the Assault of Non-Solicited Pornography.