Anytime Fitness, LLC

End User License Agreement

Last modified July 13, 2017

IMPORTANT – READ CAREFULLY PRIOR TO PURCHASING, INSTALLING OR DOWNLOADING THE ANYTIME FITNESS APP.

This End User License Agreement (“Agreement”) is a legal agreement between Anytime Fitness, LLC, located at 111 Weir Drive, Woodbury, Minnesota 55125 United States (“Anytime Fitness”), and you (a person referred to herein as the “End User”) for a software product made available by Anytime Fitness either by purchase or for free from the Apple, Inc. (“Apple”) “App Store” (the “Software”), and any updates to the Software that may be made available by Anytime Fitness (“Updates,” and together with the Software, the “App”), pursuant to which the End User may obtain or request certain services from Anytime Fitness or an Anytime Fitness® health and fitness club through the App (the “Services”).

This Agreement is between Anytime Fitness and the End User only.  As between End User and Anytime Fitness, Anytime Fitness is solely responsible for the App and Services.  Apple is not a party to this Agreement; however, Apple and its subsidiaries are third party beneficiaries of this Agreement.  As such, once the End User accepts this Agreement, Apple shall have the right (and will be deemed to have accepted the right) to enforce this Agreement against the End User.

By making acceptance of this Agreement in the manner provided prior to or while purchasing, installing, or downloading the App, the End User agrees to be bound by the terms of this Agreement.  If the End User does not agree to the terms of this Agreement, do not purchase, install, download, or use the App.

The End User’s use of the App and Services are governed by the Anytime Fitness Privacy Policy available for review at http://www.anytimefitness.com/privacy, as it may be updated from time to time, including without limitation End User’s consent to Anytime Fitness’s collection and processing of End User’s personal information and to being contacted via text, notifications, badges, and other messaging through the App and/or your mobile device.

1. OWNERSHIP

Anytime Fitness (or its licensor) is and shall be the exclusive owner of all right, title, and interest in and to the App and the content in the Services; including without limitation, any and all patents, copyrights, trademarks and service marks, trade secrets, and all other proprietary rights of any kind whatsoever related to or used in the App or such content.  Use of the App does not in any respect whatsoever constitute a grant of any license or other right to use or exploit any of the proprietary rights related to the App or Services, except as expressly granted to the End User in this Agreement.

The End User shall not modify, remove, or obscure any proprietary notices contained in or on the App or any screen images related to the App.

The End User shall not distribute, reverse engineer, translate, decompile, or disassemble the App; and the End User shall not in any other manner attempt to access or learn the source code related to the App.

2. LICENSE

Subject to the provisions of this Agreement, Anytime Fitness grants the End User a personal, limited, revocable, non-exclusive, non-sublicensable, and non-transferable license to: (i) install and use the App, in object code format only, on an Apple-branded product that is operated through the use of an Apple iOS operating system (the “iOS Product”), provided however, such use may be made only on an iOS Product that the End User owns or controls, and only to the extent permitted by the “Usage Rules” set forth in the App Store “Terms of Service;” and (ii) to use the Services available through the App, for End User’s personal use only.

The End User shall not make any copies of the App.  The End User shall comply with any applicable agreements or terms of service when using the App or Services.

The terms of this Agreement apply to all upgrades and updates to the App, unless such upgrade or update is accompanied by a separate license, in which case the terms of that license will govern.  Anytime Fitness reserves the right to add or remove features or functions of the App and/or the Services.  End User’s use of the App is voluntary and End User may uninstall the App at any time.  However, by uninstalling the App, the End User’s will be unable to access to the Services provided by the App.

The App and any underlying technology may not be exported by you outside the United States in a manner that is prohibited by applicable export laws and regulations.  By installing or using the App, the End User assumed responsibility for compliance with the foregoing. The End User represents and warrants that (i) he/she is not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) he/she is not listed on any U.S. Government list of prohibited or restricted parties.

3. DISCLAIMER OF WARRANTIES AND LIMITATIONS ON LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE APP AND THE SERVICES ARE PROVIDED “AS IS, WITH ALL DEFECTS.”  TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE APP AND THE SERVICES ARE PROVIDED TO THE END USER WITHOUT WARRANTY OF ANY KIND WHATSOEVER, EITHER EXPRESSED OR IMPLIED, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.  TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ANYTIME FITNESS EXPRESSLY DISCLAIMS ANY REPRESENTATIONS OR WARRANTIES THAT (I) THE APP OR SERVICES WILL OPERATE IN AN ERROR‑FREE OR UNINTERRUPTED MANNER; (II) THE APP OR SERVICES WILL BE FREE OF VIRUSES OR OTHER HARMFUL ELEMENTS; (III) THE APP OR SERVICES WILL SATISFY THE END USER’S REQUIREMENTS; (IV) THE APP IS COMPATIBLE WITH SYSTEMS, PRODUCTS, OR SERVICES PROVIDED BY THIRD PARTY PERSONS OR ORGANIZATIONS; (V) THE RESULTS OBTAINED FROM THE USE OF THE APP OR SERVICES WILL BE EFFECTIVE, ACCURATE, OR RELIABLE; (VI) THE APP OR SERVICES WILL PREVENT THE UNAUTHORIZED DISCLOSURE OF, UNAUTHORIZED USE OF, UNAUTHORIZED ACCESS TO, MISAPPROPRIATION OF, LOSS OF, OR ALTERATION OF ANY DATA OR INFORMATION; OR (VII) ANY ERRORS OR DEFECTS IN THE APP OR SERVICES WILL BE CORRECTED.  TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ANYTIME FITNESS DISCLAIMS ANY REPRESENTATION OR WARRANTY THAT THE USE OF THE APP OR SERVICES WILL SATISFY, OR ENABLE THE END USER TO SATISFY, THE REQUIREMENTS OF ANY GOVERNMENT AGENCY, ASSOCIATION, OR OTHER ORGANIZATION.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ANYTIME FITNESS SHALL NOT BE LIABLE FOR ANY INCIDENTAL, CONSEQUENTIAL, INDIRECT, OR PUNITIVE DAMAGES ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR USE OF THE APP OR SERVICES.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE END USER’S SOLE AND EXCLUSIVE REMEDY FOR ANY  DISPUTE WITH ANYTIME FITNESS RELATED TO THIS AGREEMENT, THE APP OR SERVICES SHALL BE UNINSTALLING THE APP AND CEASING USE OF THE APP AND SERVICES.  IN THE EVENT A COURT AWARDS DIRECT DAMANGES DESPITE THE FOREGOING, SUCH DAMAGE SHALL NOT EXCEED THE LESSER OF $5.00 OR THE AMOUNT PAID BY THE END USER FOR THE APP.

Certain  local laws may not allow limitations on implied warranties or the exclusion or limitation of certain damages.  If these laws apply to the End User, some or all of the disclaimers, exclusions, or limitations in this Agreement may not apply to the End User, and the End User might have additional rights.

4. ACKNOWLEDGEMENTS AND APPLE DISCLAIMERS

Anytime Fitness and the End User acknowledge that Anytime Fitness, and not Apple, is responsible for addressing any claims, to the extent permitted under this Agreement, of the End User or any third party relating to the App or Services or the End User’s possession and/or use of the App or Services, including without limitation (i) product liability claims; (ii) any claim that the App or Services fail to conform to any applicable legal or regulatory requirement, and (iii) any claims arising under consumer protection or similar legislation.

Anytime Fitness and the End User acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App or Services.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, APPLE SHALL HAVE NO LIABILITY OF ANY KIND WHATSOEVER WITH RESPECT TO THE APP OR SERVICES.

5. TERM AND TERMINATION

The term of this Agreement shall commence on the date the End User makes acceptance of this Agreement and, unless terminated as specified below, shall continue for so long as the End User uses the App or Services.

The End User shall have the right to terminate this Agreement at any time by uninstalling the App.

Anytime Fitness may, in its sole discretion, terminate this Agreement and/or the Services without cause at any time.  In addition, the End User’s license to the App may, at Anytime Fitness’s discretion, expire when new versions of the App are released.

End User’s license to the App and Anytime Fitness’s obligations under this Agreement will automatically terminate if End User fails to comply with any term of this Agreement.  No notice will be required from Anytime Fitness to effectuate such termination.  End User will receive no refunds upon termination.

Upon termination of this Agreement, all of the End User’s rights to use the App and Services shall terminate immediately; the End User shall remove the App from his/her iOS Product; and the End User shall provide Anytime Fitness with written certification that the aforementioned actions have been taken.

6. INDEMNIFICATION

The End User and his/her heirs, representatives, successors and assigns shall indemnify, defend, and hold harmless Anytime Fitness and its successors and assigns from and against in respect of any and all claims, demands, losses, costs, expenses, obligations, liabilities, damages, recoveries and deficiencies, including interest, penalties and reasonable attorneys’ fees, that Anytime Fitness may incur or suffer, which arise, result from, or relate to End User’s use of the App or Services or this Agreement.

7. INFRINGEMENT CLAIMS

Anytime Fitness and the End User acknowledge that, in the event of any third party claim that the App or the End User’s possession and use of the App infringes that third party’s intellectual property rights, Anytime Fitness, and not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim.

8. GENERAL

Anytime Fitness shall not be in breach of this Agreement in the event it is unable to perform any of its obligations under this Agreement as a result of natural disaster, fire, weather, war, terrorism, emergency conditions, labor strife, the inoperability of the Internet, technical difficulties of Anytime Fitness, Apple, or any third party, any updates or other changes to the iOS Product, the inability to obtain supplies, or other reasons or conditions beyond its reasonable control.

This Agreement has been prepared in English, and English is the controlling language with respect to all matters concerning this Agreement.  Any and all notices or communications related to this Agreement must be in English.

Injunctive or other equitable relief shall be a remedy available to Anytime Fitness in the event of a breach of any provision of this Agreement by the End User; but such remedy shall not be the exclusive remedy available to Anytime Fitness.

Regardless of any statute or law to the contrary, any claim or cause of action End User may have that arises out of or is related to this Agreement must be filed within two (2) years after such claim or cause of action arose or be forever barred.

For any questions, complaints, or claims about the App, the End User should contact Anytime Fitness as follows:
Anytime Fitness, LLC
‎111 Weir Drive,
Woodbury, Minnesota 55125 ‎
United States
Email: privacy@anytimefitness.com
Telephone: +1 (651) 438-5000

The provisions of this Agreement, which, by their terms, require performance after the termination of this Agreement, or have application to events that may occur after the termination of this Agreement, shall survive the termination of this Agreement.

The End User shall not, without the prior written consent of Anytime Fitness, assign his/her rights or delegate his/her duties under this Agreement.

The waiver of any provision or the breach of any provision of this Agreement by Anytime Fitness shall not be effective unless made in writing.  Any waiver by Anytime Fitness of any provision or the breach of any provision of this Agreement shall not operate as or be construed to be a continuing waiver of the provision or the breach of the provision.

This Agreement shall be governed by the laws of the State of Minnesota (without regard to its choice of law principles or rules) in the United States and the applicable laws of the United States.  For the purpose of resolving conflicts related to or arising out of this Agreement, the parties expressly agree that venue shall be in the federal and state courts located in Hennepin County in the State of Minnesota in the United States, and, in addition, the parties hereby expressly consent to the exclusive jurisdiction of the federal and state courts in the State of Minnesota in the United States.  The parties specifically disclaim application of the United Nations Convention on the International Sale of Goods, 1980.

In the event any portion of this Agreement shall be held to be invalid, the same shall not affect in any respect whatsoever the validity of the remainder of this Agreement, and the portion of this Agreement held to be invalid shall be construed and given lawful effect in a manner that will best achieve the intent and objective of such portion of this Agreement.

This Agreement sets forth the entire understanding between the parties with respect to the subject matter hereof, there being no terms, conditions, warranties, or representations other than those contained in this Agreement, and shall supersede any prior agreements between the parties with respect to the subject matter hereof.  Anytime Fitness may revise this Agreement at any time without notice, and any continued use of the App or Services following the date on which changes to this Agreement are published on Apple’s “App Store” or within the App shall constitute the End User’s acceptance of all such changes.

4813-5615-4145, v.  5

IMPORTANT – READ CAREFULLY PRIOR TO PURCHASING, INSTALLING OR DOWNLOADING THE ANYTIME FITNESS APP.

This End User License Agreement (“Agreement”) is a legal agreement between Anytime Fitness, LLC, located at 111 Weir Drive, Woodbury, Minnesota 55125 United States (“Anytime Fitness”), and you (a person referred to herein as the “End User”) for a software product made available by Anytime Fitness either by purchase or for free from the Apple, Inc. (“Apple”) “App Store” (the “Software”), and any updates to the Software that may be made available by Anytime Fitness (“Updates,” and together with the Software, the “App”), pursuant to which the End User may obtain or request certain services from Anytime Fitness or an Anytime Fitness® health and fitness club through the App (the “Services”).

This Agreement is between Anytime Fitness and the End User only.  As between End User and Anytime Fitness, Anytime Fitness is solely responsible for the App and Services.  Apple is not a party to this Agreement; however, Apple and its subsidiaries are third party beneficiaries of this Agreement.  As such, once the End User accepts this Agreement, Apple shall have the right (and will be deemed to have accepted the right) to enforce this Agreement against the End User.

By making acceptance of this Agreement in the manner provided prior to or while purchasing, installing, or downloading the App, the End User agrees to be bound by the terms of this Agreement.  If the End User does not agree to the terms of this Agreement, do not purchase, install, download, or use the App.

The End User’s use of the App and Services are governed by the Anytime Fitness Privacy Policy available for review at http://www.anytimefitness.com/privacy, as it may be updated from time to time, including without limitation End User’s consent to Anytime Fitness’s collection and processing of End User’s personal information and to being contacted via text, notifications, badges, and other messaging through the App and/or your mobile device.

1. OWNERSHIP

Anytime Fitness (or its licensor) is and shall be the exclusive owner of all right, title, and interest in and to the App and the content in the Services; including without limitation, any and all patents, copyrights, trademarks and service marks, trade secrets, and all other proprietary rights of any kind whatsoever related to or used in the App or such content.  Use of the App does not in any respect whatsoever constitute a grant of any license or other right to use or exploit any of the proprietary rights related to the App or Services, except as expressly granted to the End User in this Agreement.

The End User shall not modify, remove, or obscure any proprietary notices contained in or on the App or any screen images related to the App.

The End User shall not distribute, reverse engineer, translate, decompile, or disassemble the App; and the End User shall not in any other manner attempt to access or learn the source code related to the App.

2. LICENSE

Subject to the provisions of this Agreement, Anytime Fitness grants the End User a personal, limited, revocable, non-exclusive, non-sublicensable, and non-transferable license to: (i) install and use the App, in object code format only, on an Apple-branded product that is operated through the use of an Apple iOS operating system (the “iOS Product”), provided however, such use may be made only on an iOS Product that the End User owns or controls, and only to the extent permitted by the “Usage Rules” set forth in the App Store “Terms of Service;” and (ii) to use the Services available through the App, for End User’s personal use only.

The End User shall not make any copies of the App.  The End User shall comply with any applicable agreements or terms of service when using the App or Services.

The terms of this Agreement apply to all upgrades and updates to the App, unless such upgrade or update is accompanied by a separate license, in which case the terms of that license will govern.  Anytime Fitness reserves the right to add or remove features or functions of the App and/or the Services.  End User’s use of the App is voluntary and End User may uninstall the App at any time.  However, by uninstalling the App, the End User’s will be unable to access to the Services provided by the App.

The App and any underlying technology may not be exported by you outside the United States in a manner that is prohibited by applicable export laws and regulations.  By installing or using the App, the End User assumed responsibility for compliance with the foregoing. The End User represents and warrants that (i) he/she is not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) he/she is not listed on any U.S. Government list of prohibited or restricted parties.

3. DISCLAIMER OF WARRANTIES AND LIMITATIONS ON LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE APP AND THE SERVICES ARE PROVIDED “AS IS, WITH ALL DEFECTS.”  TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE APP AND THE SERVICES ARE PROVIDED TO THE END USER WITHOUT WARRANTY OF ANY KIND WHATSOEVER, EITHER EXPRESSED OR IMPLIED, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.  TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ANYTIME FITNESS EXPRESSLY DISCLAIMS ANY REPRESENTATIONS OR WARRANTIES THAT (I) THE APP OR SERVICES WILL OPERATE IN AN ERROR‑FREE OR UNINTERRUPTED MANNER; (II) THE APP OR SERVICES WILL BE FREE OF VIRUSES OR OTHER HARMFUL ELEMENTS; (III) THE APP OR SERVICES WILL SATISFY THE END USER’S REQUIREMENTS; (IV) THE APP IS COMPATIBLE WITH SYSTEMS, PRODUCTS, OR SERVICES PROVIDED BY THIRD PARTY PERSONS OR ORGANIZATIONS; (V) THE RESULTS OBTAINED FROM THE USE OF THE APP OR SERVICES WILL BE EFFECTIVE, ACCURATE, OR RELIABLE; (VI) THE APP OR SERVICES WILL PREVENT THE UNAUTHORIZED DISCLOSURE OF, UNAUTHORIZED USE OF, UNAUTHORIZED ACCESS TO, MISAPPROPRIATION OF, LOSS OF, OR ALTERATION OF ANY DATA OR INFORMATION; OR (VII) ANY ERRORS OR DEFECTS IN THE APP OR SERVICES WILL BE CORRECTED.  TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ANYTIME FITNESS DISCLAIMS ANY REPRESENTATION OR WARRANTY THAT THE USE OF THE APP OR SERVICES WILL SATISFY, OR ENABLE THE END USER TO SATISFY, THE REQUIREMENTS OF ANY GOVERNMENT AGENCY, ASSOCIATION, OR OTHER ORGANIZATION.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ANYTIME FITNESS SHALL NOT BE LIABLE FOR ANY INCIDENTAL, CONSEQUENTIAL, INDIRECT, OR PUNITIVE DAMAGES ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR USE OF THE APP OR SERVICES.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE END USER’S SOLE AND EXCLUSIVE REMEDY FOR ANY  DISPUTE WITH ANYTIME FITNESS RELATED TO THIS AGREEMENT, THE APP OR SERVICES SHALL BE UNINSTALLING THE APP AND CEASING USE OF THE APP AND SERVICES.  IN THE EVENT A COURT AWARDS DIRECT DAMANGES DESPITE THE FOREGOING, SUCH DAMAGE SHALL NOT EXCEED THE LESSER OF $5.00 OR THE AMOUNT PAID BY THE END USER FOR THE APP.

Certain  local laws may not allow limitations on implied warranties or the exclusion or limitation of certain damages.  If these laws apply to the End User, some or all of the disclaimers, exclusions, or limitations in this Agreement may not apply to the End User, and the End User might have additional rights.

4. ACKNOWLEDGEMENTS AND APPLE DISCLAIMERS

Anytime Fitness and the End User acknowledge that Anytime Fitness, and not Apple, is responsible for addressing any claims, to the extent permitted under this Agreement, of the End User or any third party relating to the App or Services or the End User’s possession and/or use of the App or Services, including without limitation (i) product liability claims; (ii) any claim that the App or Services fail to conform to any applicable legal or regulatory requirement, and (iii) any claims arising under consumer protection or similar legislation.

Anytime Fitness and the End User acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App or Services.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, APPLE SHALL HAVE NO LIABILITY OF ANY KIND WHATSOEVER WITH RESPECT TO THE APP OR SERVICES.

5. TERM AND TERMINATION

The term of this Agreement shall commence on the date the End User makes acceptance of this Agreement and, unless terminated as specified below, shall continue for so long as the End User uses the App or Services.

The End User shall have the right to terminate this Agreement at any time by uninstalling the App.

Anytime Fitness may, in its sole discretion, terminate this Agreement and/or the Services without cause at any time.  In addition, the End User’s license to the App may, at Anytime Fitness’s discretion, expire when new versions of the App are released.

End User’s license to the App and Anytime Fitness’s obligations under this Agreement will automatically terminate if End User fails to comply with any term of this Agreement.  No notice will be required from Anytime Fitness to effectuate such termination.  End User will receive no refunds upon termination.

Upon termination of this Agreement, all of the End User’s rights to use the App and Services shall terminate immediately; the End User shall remove the App from his/her iOS Product; and the End User shall provide Anytime Fitness with written certification that the aforementioned actions have been taken.

6. INDEMNIFICATION

The End User and his/her heirs, representatives, successors and assigns shall indemnify, defend, and hold harmless Anytime Fitness and its successors and assigns from and against in respect of any and all claims, demands, losses, costs, expenses, obligations, liabilities, damages, recoveries and deficiencies, including interest, penalties and reasonable attorneys’ fees, that Anytime Fitness may incur or suffer, which arise, result from, or relate to End User’s use of the App or Services or this Agreement.

7. INFRINGEMENT CLAIMS

Anytime Fitness and the End User acknowledge that, in the event of any third party claim that the App or the End User’s possession and use of the App infringes that third party’s intellectual property rights, Anytime Fitness, and not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim.

8. GENERAL

Anytime Fitness shall not be in breach of this Agreement in the event it is unable to perform any of its obligations under this Agreement as a result of natural disaster, fire, weather, war, terrorism, emergency conditions, labor strife, the inoperability of the Internet, technical difficulties of Anytime Fitness, Apple, or any third party, any updates or other changes to the iOS Product, the inability to obtain supplies, or other reasons or conditions beyond its reasonable control.

This Agreement has been prepared in English, and English is the controlling language with respect to all matters concerning this Agreement.  Any and all notices or communications related to this Agreement must be in English.

Injunctive or other equitable relief shall be a remedy available to Anytime Fitness in the event of a breach of any provision of this Agreement by the End User; but such remedy shall not be the exclusive remedy available to Anytime Fitness.

Regardless of any statute or law to the contrary, any claim or cause of action End User may have that arises out of or is related to this Agreement must be filed within two (2) years after such claim or cause of action arose or be forever barred.

For any questions, complaints, or claims about the App, the End User should contact Anytime Fitness as follows:
Anytime Fitness, LLC
‎111 Weir Drive,
Woodbury, Minnesota 55125 ‎
United States
Email: privacy@anytimefitness.com
Telephone: +1 (651) 438-5000

The provisions of this Agreement, which, by their terms, require performance after the termination of this Agreement, or have application to events that may occur after the termination of this Agreement, shall survive the termination of this Agreement.

The End User shall not, without the prior written consent of Anytime Fitness, assign his/her rights or delegate his/her duties under this Agreement.

The waiver of any provision or the breach of any provision of this Agreement by Anytime Fitness shall not be effective unless made in writing.  Any waiver by Anytime Fitness of any provision or the breach of any provision of this Agreement shall not operate as or be construed to be a continuing waiver of the provision or the breach of the provision.

This Agreement shall be governed by the laws of the State of Minnesota (without regard to its choice of law principles or rules) in the United States and the applicable laws of the United States.  For the purpose of resolving conflicts related to or arising out of this Agreement, the parties expressly agree that venue shall be in the federal and state courts located in Hennepin County in the State of Minnesota in the United States, and, in addition, the parties hereby expressly consent to the exclusive jurisdiction of the federal and state courts in the State of Minnesota in the United States.  The parties specifically disclaim application of the United Nations Convention on the International Sale of Goods, 1980.

In the event any portion of this Agreement shall be held to be invalid, the same shall not affect in any respect whatsoever the validity of the remainder of this Agreement, and the portion of this Agreement held to be invalid shall be construed and given lawful effect in a manner that will best achieve the intent and objective of such portion of this Agreement.

This Agreement sets forth the entire understanding between the parties with respect to the subject matter hereof, there being no terms, conditions, warranties, or representations other than those contained in this Agreement, and shall supersede any prior agreements between the parties with respect to the subject matter hereof.  Anytime Fitness may revise this Agreement at any time without notice, and any continued use of the App or Services following the date on which changes to this Agreement are published on Apple’s “App Store” or within the App shall constitute the End User’s acceptance of all such changes.

4813-5615-4145, v.  5

IMPORTANT – READ CAREFULLY PRIOR TO PURCHASING, INSTALLING OR DOWNLOADING THE ANYTIME FITNESS APP.

THESE TERMS AND CONDITIONS DO NOT AFFECT YOUR LEGAL RIGHTS AS A CONSUMER (I.E. WHERE YOU ARE ACTING FOR PURPOSES THAT ARE WHOLLY OR MAINLY OUTSIDE OF YOUR TRADE, BUSINESS, CRAFT OR PROFESSION). YOU CAN OBTAIN FURTHER INFORMATION ABOUT YOUR LEGAL RIGHTS BY CONTACTING THE CITIZENS ADVICE BUREAU (HTTPS://WWW.CITIZENSADVICE.ORG.UK/  OR CALL 03454 04 05 06).

This End User License Agreement (“Agreement”) is a legal agreement between Anytime Fitness, LLC, located at 111 Weir Drive, Woodbury, Minnesota 55125 United States (“Anytime Fitness”), and you (a person referred to herein as the “End User”) for an Anytime Fitness brand software product available for free from the Apple, Inc. (“Apple”) “App Store” (the “Software”), and any updates to the Software that may be made available by Anytime Fitness (“Updates,” and together with the Software, the “App”), pursuant to which the End User may obtain or request certain services from Anytime Fitness or an Anytime Fitness® health and fitness club through the App (the “Services”). 

This Agreement is between Anytime Fitness and the End User only.  As between the End User and Anytime Fitness, Anytime Fitness alone is responsible for the App and Services.  Apple is not a party to this Agreement; however, Apple and its subsidiaries will be third party beneficiaries of this Agreement.  This means that, once the End User accepts this Agreement, Apple will have the right to enforce the terms of this Agreement against the End User.

By installing or downloading the App or otherwise accepting this Agreement prior to or while purchasing, installing, or downloading the App, the End User agrees to be bound by the terms of this Agreement.  The terms include in particular the privacy policy referred to in the paragraph below and the limitations on liability in 3 below. If the End User does not agree to the terms of this Agreement, do not purchase, install, download, or use the App.  

The End User’s use of the App and Services is governed by the Anytime Fitness Privacy Policy available for review at http://www.anytimefitness.com/privacy, as it may be updated from time to time, including (amongst other things) the End User’s consent to Anytime Fitness’s collection and processing of End User’s personal information and to being contacted via text, notifications, and other messaging through the App and/or your mobile device.  Certain information of the End User will be made available to the App.  Some of the Services may be provided by Anytime Fitness’s affiliates and you consent to this. When you request support from Anytime Fitness for the App or the Services, you are agreeing that Anytime Fitness or its affiliates may temporarily access your account for the Services solely for the purpose of providing the requested support

Anytime Fitness may make changes to this Agreement at any time. Anytime Fitness will notify the End User and the End User may end this Agreement before the changes take effect (and, in these circumstances, may have the right to receive a refund of any price paid for the App and Services to the extent that they have not been provided– see 3 below). The End User will be considered to have accepted all such changes if he/she continues to use the App or Services following the date on which changes to this Agreement are published on Apple’s “App Store” or within the App.

1. OWNERSHIP

Anytime Fitness (or its licensor) owns the App and the content in the Services, including all intellectual property rights in each of them anywhere in the world. This includes (amongst other things) patents, copyright, trademarks and service marks, trade secrets, and all other proprietary rights of any kind whatsoever related to or used in the App or such content.  Rights in the App and Services are licensed (not sold) to End-User, and End-User has no rights in, or to, the App or Services other than the right to use each of them in accordance with the terms of this Agreement.

The End User agrees not to modify, remove, or obscure any proprietary notices (for example copyright notices) contained in or on the App or any screen images related to the App.

Except as expressly set out in this Agreement or allowed by law, the End User will not distribute, reverse engineer, translate, decompile, or disassemble the App; and the End User will not in any other manner attempt to access or learn the source code related to the App.

2. LICENCE

Anytime Fitness grants the End User a revocable, non-exclusive, non-transferable licence subject to the terms of this Agreement to: (i) install and use the App, in object code format only, on an Apple-branded product that is operated through the use of an Apple iOS operating system (the “iOS Product”) except that such use may be made only on an iOS Product that the End User owns or controls, and only to the extent permitted by the “Usage Rules” set out in the App Store “Terms of Service;” and (ii) and to use the Services available through the App, for End User’s personal use only.

The End User will comply with the App Store “Terms of Service” when using the App or Services.

The End User is not permitted to rent, lease, sub-license, loan, translate, merge, adapt, vary or modify the App.

The End User is not permitted to make any copies of the App except where such copying is incidental to normal use of the App, or where it is necessary for the purpose of back-up or operational security.

The terms of this Agreement apply to all upgrades and updates to the App, unless such upgrade or update is accompanied by a separate licence, in which case the terms of that licence will apply.

Anytime Fitness reserves the right to add or remove features or functions, or otherwise modify, the App and/or the Services (but, in certain circumstances, the End User may be entitled to a refund of any price paid for the App and Services to the extent that they have not been provided– see 3 below). End User’s use of the App is voluntary and End User may uninstall the App at any time.  However, by uninstalling the App, the End User’s will be unable to access to the Services provided by the App.

The End User agrees to comply with all technology control or export laws and regulations that apply to the technology used or supported by the App or any Service. By accepting these terms, installing or using the App, the End User confirms that for so long as he/she uses the App or Services (i) he/she is not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) he/she is not listed on any U.S. Government list of prohibited or restricted parties.

3. DISCLAIMER OF WARRANTIES AND LIMITATIONS ON LIABILITY

ANYTIME FITNESS’ LIABILITY

Anytime Fitness is under a legal duty to supply products that are in conformity with this Agreement. Nothing in the terms of this Agreement will affect the End User’s legal rights.

Anytime Fitness does not in any case exclude or limit in any way its liability to the End User where it would be unlawful to do so. This includes liability for (i) death or personal injury resulting from its negligence; (ii) fraud or fraudulent misrepresentation; (iii) breach of the End User’s legal rights in relation to the App or Services (including the right to receive products which are: as described and match information Anytime Fitness provided to the End User and any sample or model seen or examined by the End User; of satisfactory quality; fit for any particular purpose made known to Anytime Fitness; supplied with reasonable skill and care); or (iv) any other liability that cannot be excluded or limited by English law.

The requirement for the App to be of “satisfactory quality” does not necessarily mean that the App must be completely error free or that all errors or defects in the App or Services will be corrected. It will be assessed taking into account factors such as the price paid.

If defective digital content which Anytime Fitness has supplied damages a device or digital content belonging to the End User and this is caused by Anytime Fitness’ failure to use reasonable care and skill, Anytime Fitness will either repair the damage or pay the End User compensation. However, Anytime Fitness will not be liable for damage which the End User could have avoided by following Anytime Fitness’ advice (including to apply an update offered) or for damage which was caused by the End User failing to correctly follow installation instructions or to have in place the minimum system requirements advised by Anytime Fitness.

The End User may be entitled to a refund of any price paid by the End User for the App and/or Services to the extent that they have not been provided (up to a maximum of $5.00) and/or compensation under applicable law in each of the following circumstances:

(i) if Anytime Fitness terminates this Agreement and this is not due to the End User’s fault; or

(ii) if the End User ends his/her use of the App and Services because he/she does not accept a change that Anytime Fitness makes to (a) the terms of this Agreement, or (b) to the functionality, features of the App or the Services so that they no longer meet the description advertised to the End User before he/she downloaded the App. This will not apply in the case that Anytime Fitness makes changes to reflect changes in relevant laws and regulatory requirements or to implement minor technical adjustments and improvements, for example to address a security threat, which Anytime Fitness may do at any time without notice.

END USER ACKNOWLEDGMENTS

By accepting the terms of this Agreement, the End User acknowledges that the App has not been developed to meet his/her individual requirements, and that it is therefore the End User’s responsibility to ensure that the facilities and functions of the App as described to the End User by Anytime Fitness meet his/her requirements.

Anytime Fitness only supplies the App and Services for domestic and private use. The End-User agrees not to use the App and Services for any commercial, business or resale purposes. Anytime Fitness has no liability to the End-User for any loss of profit, loss of business, business interruption, or loss of business opportunity.

Anytime Fitness does not guarantee that the results obtained from the use of the App or Services will be effective, accurate, or reliable or that; the use of the app or services will satisfy, or enable the end user to satisfy, the requirements of any government agency, association, or other organisation.

Anytime Fitness will collect, maintain, utilise and disclose the End User’s information only as required by law and as described in its privacy policy (http://www.anytimefitness.com/privacy). As discussed further in the privacy policy, Anytime Fitness cannot guarantee against any loss, misuse, unauthorised disclosure, or alteration or destruction of data or personal information.

You may have been given access to the App by virtue of your membership of an Anytime Fitness health club in the United Kingdom or the Republic of Ireland.  Neither Anytime Clubs UK Limited (incorporated in England with company no. 7030617), as master franchisee of Anytime Fitness health clubs in the United Kingdom and the Republic of Ireland nor the owner of the Anytime Fitness health club of which you are a member (either of both of such persons being referred to in this Agreement as “Anytime UK”) is a party to this Agreement and neither of such persons makes any commitment to you, whether under this Agreement or any other agreement, as to your use of the App.

4. ACKNOWLEDGEMENTS AND DISCLAIMERS REGARDING APPLE

Anytime Fitness and the End User acknowledge that Anytime Fitness, and not Apple, is responsible for addressing any claims of the End User or any third party that may be made under this Agreement relating to the App or Services or the End User’s possession and/or use of the App or Services, including (amongst other things) (i) product liability claims; (ii) any claim that the App or Services fail to conform to any applicable legal or regulatory requirement, and (iii) any claims arising under consumer protection or similar legislation.

Anytime Fitness and the End User acknowledge that Apple has no obligation whatsoever to provide any maintenance and support services with respect to the App or Services.

Anytime Fitness and the End User acknowledge that, in the event of any third party claim that the App or the End User’s possession and use of the App infringes that third party’s intellectual property rights, Anytime Fitness, and not Apple, will be solely responsible for the investigation, defence, settlement and discharge of any such intellectual property infringement claim.

THE END USER ACKNOWLEDGES THAT APPLE IS NOT A PARTY TO THIS AGREEMENT AND, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, APPLE SHALL HAVE NO LIABILITY OF ANY KIND WHATSOEVER WITH RESPECT TO THE APP OR SERVICES.

5. DURATION AND TERMINATION

This Agreement will commence (and the End User and Anytime Fitness will be bound by its terms) on the date the End User accepts the terms of the Agreement and, unless the Agreement is terminated in accordance with its terms, will continue for so long as the End User uses the App or Services.

The End User will have the right to terminate this Agreement at any time by uninstalling the App.

Anytime Fitness may, without requiring the consent of the End User, terminate this Agreement and/or the Services without cause (including where the End User is not at fault) at any time.  In addition, the End User’s licence to the App may, at Anytime Fitness’ discretion, expire when new versions of the App are released. In both of these circumstances, the End User may have a right to a refund of any price paid for the App and/or Services to the extent that these have not been provided– see 3 above.

End User’s license to the App and Anytime Fitness’s or its affiliates’ obligations under this Agreement will automatically terminate if End User fails to comply with any material term of this Agreement. In these circumstances Anytime Fitness may prevent the End User from accessing the App and Services and may require the End User to delete the App. Anytime Fitness will not be required to notify the End User of such termination and the End User will receive no refunds in the event of termination in these circumstances.

Upon termination of this Agreement, all of the End User’s rights to use the App and Services will terminate immediately; the End User must remove the App from his/her iOS Product; and the End User must confirm to Anytime Fitness in writing (to the contact details in 7 below) that these actions have been taken.

6. LEGAL RIGHT TO CANCEL

As a consumer the End User has a right provided by law to cancel his/her order for the App with Anytime Fitness for any reason (including if the End User changes his/her mind) during a 14-day cancellation period (“Cancellation Period”) which starts on the day when Anytime Fitness accepts the order. However, once the End User has started to download the App, the End User will lose this right to cancel the order.

To cancel the order during the Cancellation Period, the End User must clearly communicate to Anytime Fitness the decision to cancel before the Cancellation Period has expired. The End User may use the model cancellation form at the end of these terms but this is not mandatory.  This cancellation form only applies to the App.

7. CONTACT DETAILS

For any questions, complaints, or claims about the App, the End User should contact Anytime Fitness as follows:

Anytime Fitness, LLC
‎111 Weir Drive,
Woodbury, Minnesota 55125 ‎
United States
Email: privacy@anytimefitness.com
Telephone: +1 (651) 438-5000

8. GENERAL

Anytime Fitness will not be responsible (and will not be in breach of this Agreement) in the event it is unable to perform any of its obligations under this Agreement as a result of an event beyond its reasonable control which will include the following (so long as it is beyond Anytime Fitness’ reasonable control) natural disaster, fire, weather, war, terrorism, emergency conditions, labour strife, the inoperability of the Internet, technical difficulties of Anytime Fitness or its affiliates, Apple, or any third party, any updates or other changes to the iOS Product, the inability to obtain supplies. ANYTIME FITNESS THEREFORE DOES NOT GUARANTEE THAT THE APP OR SERVICES WILL OPERATE IN AN UNINTERRUPTED MANNER.

This Agreement has been prepared in English, and English is the controlling language with respect to all matters concerning this Agreement.  Any and all notices or communications related to this Agreement must be in English.

The End User acknowledges that Anytime Fitness may be able to apply to court for an injunction in the event of a breach of any provision of this Agreement by the End User; but this will not prevent Anytime Fitness from exercising any other remedy that it may have.

The End User is requested to notify Anytime Fitness of any fault or damage, shortcomings or complaints as soon as reasonably possible.

The provisions of this Agreement, which, by their terms, require performance after the termination of this Agreement, or have application to events that may occur after the termination of this Agreement, will survive the termination of this Agreement.

The End User may only transfer his/her rights or obligations under this Agreement to another person if Anytime Fitness agrees to this in writing.

If Anytime Fitness does not insist immediately that the End User does anything that he/she is required to do under this Agreement, or if Anytime Fitness delays in taking steps against the End User in respect of him/her breaking this Agreement, that will not mean that the End User does not have to do those things and it will not prevent Anytime Fitness taking steps against the End User at a later date.

Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.

These terms are governed by English law and you can bring legal proceedings in respect of the App or Services in the English courts. If you live in (i) Scotland you can alternatively bring legal proceedings in the Scottish courts; or (ii) Northern Ireland you can alternatively bring proceedings in the Northern Irish courts.

To minimise any disagreement between the End User and Anytime Fitness, the End User should request that anything agreed outside of these terms is put in writing.

_______________________________________________________________

Model cancellation form

To: Anytime Fitness, LLC, ‎111 Weir Drive, Woodbury, Minnesota 55125 ‎United States; Telephone: Telephone: +1 (651) 438-5000; Email: privacy@anytimefitness.com

I/We [*] hereby give notice that I/We [*] cancel my/our [*] contract for the supply of the following Anytime Fitness mobile application.

Ordered on

Name of consumer(s)

Address of consumer(s)

Signature of consumer(s) (only if this form is notified on paper)

Date

[*] Delete as appropriate.

RIDER 1

You may have been given access to the App by virtue of your membership of an Anytime Fitness health club in the United Kingdom or the Republic of Ireland.  Neither Anytime Clubs UK Limited (incorporated in England with company no. 7030617), as master franchisee of Anytime Fitness health clubs in the United Kingdom and the Republic of Ireland nor the owner of the Anytime Fitness health club of which you are a member (either of both of such persons being referred to in this Agreement as “Anytime UK”) is a party to this Agreement and neither of such persons makes any commitment to you, whether under this Agreement or any other agreement, as to your use of the App.

IMPORTANT – READ CAREFULLY PRIOR TO PURCHASING, INSTALLING OR DOWNLOADING THE ANYTIME FITNESS APP.

THESE TERMS AND CONDITIONS DO NOT AFFECT YOUR LEGAL RIGHTS AS A CONSUMER (I.E. WHERE YOU ARE ACTING FOR PURPOSES THAT ARE WHOLLY OR MAINLY OUTSIDE OF YOUR TRADE, BUSINESS, CRAFT OR PROFESSION). YOU CAN OBTAIN FURTHER INFORMATION ABOUT YOUR LEGAL RIGHTS BY CONTACTING THE CITIZENS ADVICE BUREAU (HTTPS://WWW.CITIZENSADVICE.ORG.UK/  OR CALL 03454 04 05 06).

This End User License Agreement (“Agreement”) is a legal agreement between Anytime Fitness, LLC, located at 111 Weir Drive, Woodbury, Minnesota 55125 United States (“Anytime Fitness”), and you (a person referred to herein as the “End User”) for an Anytime Fitness brand software product available for free from the Apple, Inc. (“Apple”) “App Store” (the “Software”), and any updates to the Software that may be made available by Anytime Fitness (“Updates,” and together with the Software, the “App”), pursuant to which the End User may obtain or request certain services from Anytime Fitness or an Anytime Fitness® health and fitness club through the App (the “Services”). 

This Agreement is between Anytime Fitness and the End User only.  As between the End User and Anytime Fitness, Anytime Fitness alone is responsible for the App and Services.  Apple is not a party to this Agreement; however, Apple and its subsidiaries will be third party beneficiaries of this Agreement.  This means that, once the End User accepts this Agreement, Apple will have the right to enforce the terms of this Agreement against the End User.

By installing or downloading the App or otherwise accepting this Agreement prior to or while purchasing, installing, or downloading the App, the End User agrees to be bound by the terms of this Agreement.  The terms include in particular the privacy policy referred to in the paragraph below and the limitations on liability in 3 below. If the End User does not agree to the terms of this Agreement, do not purchase, install, download, or use the App.  

The End User’s use of the App and Services is governed by the Anytime Fitness Privacy Policy available for review at http://www.anytimefitness.com/privacy, as it may be updated from time to time, including (amongst other things) the End User’s consent to Anytime Fitness’s collection and processing of End User’s personal information and to being contacted via text, notifications, and other messaging through the App and/or your mobile device.  Certain information of the End User will be made available to the App.  Some of the Services may be provided by Anytime Fitness’s affiliates and you consent to this. When you request support from Anytime Fitness for the App or the Services, you are agreeing that Anytime Fitness or its affiliates may temporarily access your account for the Services solely for the purpose of providing the requested support

Anytime Fitness may make changes to this Agreement at any time. Anytime Fitness will notify the End User and the End User may end this Agreement before the changes take effect (and, in these circumstances, may have the right to receive a refund of any price paid for the App and Services to the extent that they have not been provided– see 3 below). The End User will be considered to have accepted all such changes if he/she continues to use the App or Services following the date on which changes to this Agreement are published on Apple’s “App Store” or within the App.

1. OWNERSHIP

Anytime Fitness (or its licensor) owns the App and the content in the Services, including all intellectual property rights in each of them anywhere in the world. This includes (amongst other things) patents, copyright, trademarks and service marks, trade secrets, and all other proprietary rights of any kind whatsoever related to or used in the App or such content.  Rights in the App and Services are licensed (not sold) to End-User, and End-User has no rights in, or to, the App or Services other than the right to use each of them in accordance with the terms of this Agreement.

The End User agrees not to modify, remove, or obscure any proprietary notices (for example copyright notices) contained in or on the App or any screen images related to the App.

Except as expressly set out in this Agreement or allowed by law, the End User will not distribute, reverse engineer, translate, decompile, or disassemble the App; and the End User will not in any other manner attempt to access or learn the source code related to the App.

2. LICENCE

Anytime Fitness grants the End User a revocable, non-exclusive, non-transferable licence subject to the terms of this Agreement to: (i) install and use the App, in object code format only, on an Apple-branded product that is operated through the use of an Apple iOS operating system (the “iOS Product”) except that such use may be made only on an iOS Product that the End User owns or controls, and only to the extent permitted by the “Usage Rules” set out in the App Store “Terms of Service;” and (ii) and to use the Services available through the App, for End User’s personal use only.

The End User will comply with the App Store “Terms of Service” when using the App or Services.

The End User is not permitted to rent, lease, sub-license, loan, translate, merge, adapt, vary or modify the App.

The End User is not permitted to make any copies of the App except where such copying is incidental to normal use of the App, or where it is necessary for the purpose of back-up or operational security.

The terms of this Agreement apply to all upgrades and updates to the App, unless such upgrade or update is accompanied by a separate licence, in which case the terms of that licence will apply.

Anytime Fitness reserves the right to add or remove features or functions, or otherwise modify, the App and/or the Services (but, in certain circumstances, the End User may be entitled to a refund of any price paid for the App and Services to the extent that they have not been provided– see 3 below). End User’s use of the App is voluntary and End User may uninstall the App at any time.  However, by uninstalling the App, the End User’s will be unable to access to the Services provided by the App.

The End User agrees to comply with all technology control or export laws and regulations that apply to the technology used or supported by the App or any Service. By accepting these terms, installing or using the App, the End User confirms that for so long as he/she uses the App or Services (i) he/she is not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) he/she is not listed on any U.S. Government list of prohibited or restricted parties.

3. DISCLAIMER OF WARRANTIES AND LIMITATIONS ON LIABILITY

ANYTIME FITNESS’ LIABILITY

Anytime Fitness is under a legal duty to supply products that are in conformity with this Agreement. Nothing in the terms of this Agreement will affect the End User’s legal rights.

Anytime Fitness does not in any case exclude or limit in any way its liability to the End User where it would be unlawful to do so. This includes liability for (i) death or personal injury resulting from its negligence; (ii) fraud or fraudulent misrepresentation; (iii) breach of the End User’s legal rights in relation to the App or Services (including the right to receive products which are: as described and match information Anytime Fitness provided to the End User and any sample or model seen or examined by the End User; of satisfactory quality; fit for any particular purpose made known to Anytime Fitness; supplied with reasonable skill and care); or (iv) any other liability that cannot be excluded or limited by English law.

The requirement for the App to be of “satisfactory quality” does not necessarily mean that the App must be completely error free or that all errors or defects in the App or Services will be corrected. It will be assessed taking into account factors such as the price paid.

If defective digital content which Anytime Fitness has supplied damages a device or digital content belonging to the End User and this is caused by Anytime Fitness’ failure to use reasonable care and skill, Anytime Fitness will either repair the damage or pay the End User compensation. However, Anytime Fitness will not be liable for damage which the End User could have avoided by following Anytime Fitness’ advice (including to apply an update offered) or for damage which was caused by the End User failing to correctly follow installation instructions or to have in place the minimum system requirements advised by Anytime Fitness.

The End User may be entitled to a refund of any price paid by the End User for the App and/or Services to the extent that they have not been provided (up to a maximum of $5.00) and/or compensation under applicable law in each of the following circumstances:

(i) if Anytime Fitness terminates this Agreement and this is not due to the End User’s fault; or

(ii) if the End User ends his/her use of the App and Services because he/she does not accept a change that Anytime Fitness makes to (a) the terms of this Agreement, or (b) to the functionality, features of the App or the Services so that they no longer meet the description advertised to the End User before he/she downloaded the App. This will not apply in the case that Anytime Fitness makes changes to reflect changes in relevant laws and regulatory requirements or to implement minor technical adjustments and improvements, for example to address a security threat, which Anytime Fitness may do at any time without notice.

END USER ACKNOWLEDGMENTS

By accepting the terms of this Agreement, the End User acknowledges that the App has not been developed to meet his/her individual requirements, and that it is therefore the End User’s responsibility to ensure that the facilities and functions of the App as described to the End User by Anytime Fitness meet his/her requirements.

Anytime Fitness only supplies the App and Services for domestic and private use. The End-User agrees not to use the App and Services for any commercial, business or resale purposes. Anytime Fitness has no liability to the End-User for any loss of profit, loss of business, business interruption, or loss of business opportunity.

Anytime Fitness does not guarantee that the results obtained from the use of the App or Services will be effective, accurate, or reliable or that; the use of the app or services will satisfy, or enable the end user to satisfy, the requirements of any government agency, association, or other organisation.

Anytime Fitness will collect, maintain, utilise and disclose the End User’s information only as required by law and as described in its privacy policy (http://www.anytimefitness.com/privacy). As discussed further in the privacy policy, Anytime Fitness cannot guarantee against any loss, misuse, unauthorised disclosure, or alteration or destruction of data or personal information.

You may have been given access to the App by virtue of your membership of an Anytime Fitness health club in the United Kingdom or the Republic of Ireland.  Neither Anytime Clubs UK Limited (incorporated in England with company no. 7030617), as master franchisee of Anytime Fitness health clubs in the United Kingdom and the Republic of Ireland nor the owner of the Anytime Fitness health club of which you are a member (either of both of such persons being referred to in this Agreement as “Anytime UK”) is a party to this Agreement and neither of such persons makes any commitment to you, whether under this Agreement or any other agreement, as to your use of the App.

4. ACKNOWLEDGEMENTS AND DISCLAIMERS REGARDING APPLE

Anytime Fitness and the End User acknowledge that Anytime Fitness, and not Apple, is responsible for addressing any claims of the End User or any third party that may be made under this Agreement relating to the App or Services or the End User’s possession and/or use of the App or Services, including (amongst other things) (i) product liability claims; (ii) any claim that the App or Services fail to conform to any applicable legal or regulatory requirement, and (iii) any claims arising under consumer protection or similar legislation.

Anytime Fitness and the End User acknowledge that Apple has no obligation whatsoever to provide any maintenance and support services with respect to the App or Services.

Anytime Fitness and the End User acknowledge that, in the event of any third party claim that the App or the End User’s possession and use of the App infringes that third party’s intellectual property rights, Anytime Fitness, and not Apple, will be solely responsible for the investigation, defence, settlement and discharge of any such intellectual property infringement claim.

THE END USER ACKNOWLEDGES THAT APPLE IS NOT A PARTY TO THIS AGREEMENT AND, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, APPLE SHALL HAVE NO LIABILITY OF ANY KIND WHATSOEVER WITH RESPECT TO THE APP OR SERVICES.

5. DURATION AND TERMINATION

This Agreement will commence (and the End User and Anytime Fitness will be bound by its terms) on the date the End User accepts the terms of the Agreement and, unless the Agreement is terminated in accordance with its terms, will continue for so long as the End User uses the App or Services.

The End User will have the right to terminate this Agreement at any time by uninstalling the App.

Anytime Fitness may, without requiring the consent of the End User, terminate this Agreement and/or the Services without cause (including where the End User is not at fault) at any time.  In addition, the End User’s licence to the App may, at Anytime Fitness’ discretion, expire when new versions of the App are released. In both of these circumstances, the End User may have a right to a refund of any price paid for the App and/or Services to the extent that these have not been provided– see 3 above.

End User’s license to the App and Anytime Fitness’s or its affiliates’ obligations under this Agreement will automatically terminate if End User fails to comply with any material term of this Agreement. In these circumstances Anytime Fitness may prevent the End User from accessing the App and Services and may require the End User to delete the App. Anytime Fitness will not be required to notify the End User of such termination and the End User will receive no refunds in the event of termination in these circumstances.

Upon termination of this Agreement, all of the End User’s rights to use the App and Services will terminate immediately; the End User must remove the App from his/her iOS Product; and the End User must confirm to Anytime Fitness in writing (to the contact details in 7 below) that these actions have been taken.

6. LEGAL RIGHT TO CANCEL

As a consumer the End User has a right provided by law to cancel his/her order for the App with Anytime Fitness for any reason (including if the End User changes his/her mind) during a 14-day cancellation period (“Cancellation Period”) which starts on the day when Anytime Fitness accepts the order. However, once the End User has started to download the App, the End User will lose this right to cancel the order.

To cancel the order during the Cancellation Period, the End User must clearly communicate to Anytime Fitness the decision to cancel before the Cancellation Period has expired. The End User may use the model cancellation form at the end of these terms but this is not mandatory.  This cancellation form only applies to the App.

7. CONTACT DETAILS

For any questions, complaints, or claims about the App, the End User should contact Anytime Fitness as follows:

Anytime Fitness, LLC
‎111 Weir Drive,
Woodbury, Minnesota 55125 ‎
United States
Email: privacy@anytimefitness.com
Telephone: +1 (651) 438-5000

8. GENERAL

Anytime Fitness will not be responsible (and will not be in breach of this Agreement) in the event it is unable to perform any of its obligations under this Agreement as a result of an event beyond its reasonable control which will include the following (so long as it is beyond Anytime Fitness’ reasonable control) natural disaster, fire, weather, war, terrorism, emergency conditions, labour strife, the inoperability of the Internet, technical difficulties of Anytime Fitness or its affiliates, Apple, or any third party, any updates or other changes to the iOS Product, the inability to obtain supplies. ANYTIME FITNESS THEREFORE DOES NOT GUARANTEE THAT THE APP OR SERVICES WILL OPERATE IN AN UNINTERRUPTED MANNER.

This Agreement has been prepared in English, and English is the controlling language with respect to all matters concerning this Agreement.  Any and all notices or communications related to this Agreement must be in English.

The End User acknowledges that Anytime Fitness may be able to apply to court for an injunction in the event of a breach of any provision of this Agreement by the End User; but this will not prevent Anytime Fitness from exercising any other remedy that it may have.

The End User is requested to notify Anytime Fitness of any fault or damage, shortcomings or complaints as soon as reasonably possible.

The provisions of this Agreement, which, by their terms, require performance after the termination of this Agreement, or have application to events that may occur after the termination of this Agreement, will survive the termination of this Agreement.

The End User may only transfer his/her rights or obligations under this Agreement to another person if Anytime Fitness agrees to this in writing.

If Anytime Fitness does not insist immediately that the End User does anything that he/she is required to do under this Agreement, or if Anytime Fitness delays in taking steps against the End User in respect of him/her breaking this Agreement, that will not mean that the End User does not have to do those things and it will not prevent Anytime Fitness taking steps against the End User at a later date.

Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.

These terms are governed by English law and you can bring legal proceedings in respect of the App or Services in the English courts. If you live in (i) Scotland you can alternatively bring legal proceedings in the Scottish courts; or (ii) Northern Ireland you can alternatively bring proceedings in the Northern Irish courts.

To minimise any disagreement between the End User and Anytime Fitness, the End User should request that anything agreed outside of these terms is put in writing.

_______________________________________________________________

Model cancellation form

To: Anytime Fitness, LLC, ‎111 Weir Drive, Woodbury, Minnesota 55125 ‎United States; Telephone: Telephone: +1 (651) 438-5000; Email: privacy@anytimefitness.com

I/We [*] hereby give notice that I/We [*] cancel my/our [*] contract for the supply of the following Anytime Fitness mobile application.

Ordered on

Name of consumer(s)

Address of consumer(s)

Signature of consumer(s) (only if this form is notified on paper)

Date

[*] Delete as appropriate.

RIDER 1

You may have been given access to the App by virtue of your membership of an Anytime Fitness health club in the United Kingdom or the Republic of Ireland.  Neither Anytime Clubs UK Limited (incorporated in England with company no. 7030617), as master franchisee of Anytime Fitness health clubs in the United Kingdom and the Republic of Ireland nor the owner of the Anytime Fitness health club of which you are a member (either of both of such persons being referred to in this Agreement as “Anytime UK”) is a party to this Agreement and neither of such persons makes any commitment to you, whether under this Agreement or any other agreement, as to your use of the App.