Terms & Conditions
AnytimeFitness
Website Terms of Use
Welcome to the Anytime Fitness website (“Site”). The Site is operated by and hosted by Anytime Fitness, LLC on behalf of Anytime Clubs UK Limited (“Anytime Fitness”) for its franchise business operated in the United Kingdom.
Anytime Fitness is registered in England and Wales under company number 07130617 and has its registered office at Victoria House, 50-58 Victoria Road, Farnborough, GU14 7PG. Anytime Fitness’ VAT number is 990527201.
Anytime Fitness is pleased to make the Site available for your use and benefit. The Site is directed to people residing in the United Kingdom. Anytime Fitness does not represent that content available on or through the Site is appropriate for use or available in other locations.
By using the Site you agree to be bound by and comply with these Terms of Use. If you do not agree to these Terms of Use, you must immediately log off and not use the Site.
These Terms of Use apply to your access to and use of the Site and do not alter in any way the terms and conditions of any other agreement you may have with Anytime Fitness. If you breach these Terms of Use, your authorisation to use the Site automatically terminates and you must immediately discontinue use of the Site.
The Site is made available free of charge. Anytime Fitness does not guarantee that the Site, or any content on it, will always be available or be uninterrupted. Anytime Fitness may suspend or withdraw or restrict the availability of all or any part of the Site for business and operational reasons at any time.
1. COLLECTION OF VISITOR INFORMATION ON THIS SITE
1.1 These Terms of Use refer to the following additional terms, which also apply to your use of the Site:
- Our Privacy Policy, which explains how Anytime Fitness collects, uses and stores your personal data.
- Our Cookie Policy, which sets out information about cookies on the Site.
1.2 To access and use certain services available through the Site, you may be required to register with Anytime Fitness through a login/registration page or download the AF App and you must agree to be bound by any additional applicable terms and conditions governing the services
2. SITE CONTENT AND INTELLECTUAL PROPERTY
2.1 All content, software, and technology included on the Site or used in the operation of the Site is the owned or licensed property of Anytime Fitness or its content, software, and technology suppliers (“Anytime Content”).
2.2 All intellectual property rights related to the Anytime Content, including without limitation, copyright, patents, trade secrets, trade dress, publicity rights, character rights, titles, and artistic and moral rights are the owned or licensed property of Anytime Fitness. Any use of these rights, including for commercial purposes, without the prior written permission of Anytime Fitness is strictly prohibited.
2.3 Anytime Fitness grants you permission to view and use Anytime Content solely in connection with your own personal, non-commercial use of the Site.
2.4 The trade marks, service marks, trade dress, and “look and feel” (“Trade Marks”) used and displayed on the Site are registered and unregistered Trade Marks of Anytime Fitness and its licensors. You are not permitted to use the Trade Marks without the approval of Anytime Fitness.
2.5 If you print off, copy, download, share or repost any part of the Site in breach of these Terms of Use, your right to use the Site will cease immediately and you must, at Anytime Fitness’ option, return or destroy any copies of the materials you have made.
2.6 You agree that you are solely responsible for any content that you make available on or send through the Site (“User Content”) by any means, including any upload, post, use, transmission, or communication (including by e-mail) (each, a “Post”). Although Anytime Fitness has no obligation to screen, edit or monitor any Post of the User Content or user conduct on the Site, Anytime Fitness reserves the right, and has absolute discretion, to remove, screen or edit any Post of User Content and to monitor any user conduct on the Site at any time and for any reason without notice. Your Post and User Content may be available on the Site for a limited period of time, as determined by Anytime Fitness in its sole discretion.
2.7 When you Post any User Content to the Site, you grant Anytime Fitness a worldwide, non-exclusive, royalty-free, transferable licence:
- to use, reproduce, distribute, prepare derivative works of, display, and perform the User Content in connection with the service provided by the Site and across different media including to promote the Site forever; and
- for other users, partners or advertisers to use the User Content for their own purposes or in accordance with the functionality of the Site forever.
3. ACCURACY
3.1 Information on the Site may contain typographical errors, inaccuracies, or omissions in relation to services, pricing, locations, descriptions, information, and other matters. Anytime Fitness reserves the right to correct any errors, inaccuracies, or omissions and to discontinue, change or update information at any time without prior notice. If Anytime Fitness discovers price errors, they will be corrected on Anytime Fitness’s systems, and the corrected price will apply to your order or membership option.
4. DO NOT RELY ON INFORMATION ON THIS SITE
4. 1 The Anytime Content on the Site is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on the Site.
4.2 Although Anytime Fitness makes reasonable efforts to update the information on the Site, it makes no representations, warranties or guarantees, whether express or implied, that the Anytime Content on the Site is accurate, complete or up to date. The Site is provided on as “as is” basis and may contain defects.
4.3 Where the Site contains links to other sites and resources provided by third parties, these links are provided for your information only. Such links should not be interpreted as approval by us of those linked websites or information you may obtain from them. Anytime Fitness has no control over the contents of those sites or resources and any access by you to those sites is at your own risk.
4.4 Anytime Fitness does not guarantee that the Site will be secure or free from bugs or viruses. You are responsible for configuring your information technology, computer programs and platform to access the Site. Any access to the Site is at your own risk and you should use your own virus protection software.
5. OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU
5. 1 Anytime Fitness does not exclude or limit in any way its liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by its negligence or the negligence of its employees, agents or subcontractors and for fraud or fraudulent misrepresentation.
5.2 Different limitations and exclusions of liability will apply to liability arising as a result of the supply of any services to you and they will be set out in your membership agreement with your club.
5.3 If you are a consumer and using this Site:
- Anytime Fitness only provides the Site for domestic and private use. You agree not to use the Site for any commercial or business purposes, and Anytime Fitness shall have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
- If defective digital content that Anytime Fitness has supplied damages a device or digital content belonging to you and this is caused by Anytime Fitness’ failure to use reasonable care and skill, Anytime Fitness will either repair the damage or pay you compensation. However, Anytime Fitness will not be liable for damage that you could have avoided by following its advice to apply an update offered to you free of charge or for damage that was caused by you failing to correctly follow installation instructions or to have in place the minimum system requirements advised by Anytime Fitness.
5.4 If you are a business and using this Site:
- Anytime Fitness excludes all implied conditions, warranties, representations or other terms that may apply to the Site or any content on it.
- Anytime Fitness will not be liable to you for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:
- use of, or inability to use, the Site; or
- use of or reliance on any Anytime Content displayed on the Site.
- In particular, Anytime Fitness will not be liable for:
- loss of profits, sales, business, or revenue;
- business interruption;
- loss of anticipated savings;
- loss of business opportunity, data, goodwill or reputation; or
- any indirect or consequential loss or damage.
5.5 You agree to indemnify, defend, and hold Anytime Fitness and its successors and assigns harmless from and against and in respect of any and all third party claims, demands, losses, costs, expenses, obligations, liabilities, damages, recoveries, and deficiencies, including interest, penalties, and reasonable attorneys’ fees that Anytime Fitness incurs or suffers which relate to your use of the Site, your failure to perform any of your obligations under these Terms of Use, or your breach of any of your representations or warranties made under these Terms of Use.
6. PROHIBITED ACTIVITIES AND WEBSITE USER OBLIGATIONS
6.1 As a visitor or user of the Site you shall not:
- use the Site in violation of any applicable law or regulation;
- Post any User Content or information that:
- is false, inaccurate, or subject to any disclosure restrictions;
- is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, or could otherwise be considered to be objectionable by Anytime Fitness;
- that infringes or otherwise violates any patent, copyright, trademark, or any other intellectual property rights;
- contains software viruses or any other corrupt computer code, files or programs that impair the use of any computer software or hardware or telecommunications equipment;
- impersonate or use the identity of another person or organization, or falsely state or otherwise misrepresent your affiliation with a person or organization;
- engage in any activities or manipulate identifying material to misrepresent the origin of User Content;
- Post any unsolicited or unauthorized advertising or promotional materials, including without limitation, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation;
- interfere with or otherwise limit the use of the Site by other users; or collect, compile, or store personal information about other users of the Site;
- disrupt or interfere with the operation of the Site by overloading or exceeding the capacity of the Site or the systems resources; accounts; usernames and passwords; servers; or networks connected to or accessible through the Site or any affiliated or linked sites;
- disrupt or interfere with the security of, or otherwise cause harm to, the Site or the systems resources; accounts; usernames and passwords; servers; or networks connected to or accessible through the Site or any affiliated or linked sites;
- misuse the Site by knowingly introducing viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful, or otherwise harmfully interacting with the Site or any part of it;
- attempt to gain unauthorised access to the Site, the server on which the Site is stored or any server, computer or database connected to the Site or any other equipment or network connected with the Site;
- interfere with, damage or disrupt any software used in the provision of the Site or any equipment or network or software owned or used by any third party on which this Site relies in any way;
- attack the Site via a denial-of-service attack or a distributed denial-of-service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. Anytime Fitness will report any such breach to the relevant law enforcement authorities and it will co-operate with those authorities by disclosing your identity to them;or
- use the Site for commercial purposes.
6.2 In the event of a breach of any of the restrictions set out above at section 6.1, your right to use the Site will cease immediately.
7. NO TEXT OR DATA MINING, OR WEB SCRAPING
7. 1 You shall not conduct, facilitate, authorise or permit any text or data mining or web scraping in relation to the Site or any services provided via, or in relation to, the Site for any purpose, including the development, training, fine-tuning or validation of AI systems or models. This includes using (or permitting, authorising or attempting the use of):
- Any "robot", "bot", "spider", "scraper" or other automated device, program, tool, algorithm, code, process or methodology to access, obtain, copy, monitor or republish any portion of the Site or any data, content, information or services accessed via the same.
- Any automated analytical technique aimed at analysing text and data in digital form to generate information or develop, train, fine-tune or validate AI systems or models which includes but is not limited to patterns, trends and correlations.
8. PROHIBITION ON USE OF THE SITE WITH AI SYSTEMS
8.1 You shall not use, and Anytime Fitness does not consent to the use of, the Site, or any data published by, or contained in, or accessible via, the Site or any services provided via, or in relation to, the Site for the purposes of developing, training, fine-tuning or validating any AI system or model.
9. CHANGES TO TERMS OF USE
9.1 Anytime Fitness may revise these Terms of Use at any time without notice. Any use of the Site following the date on which changes to these Terms of Use are published on the Site shall constitute your acceptance of all such changes.
10. YOUR ACCOUNT
10.1 If you are a registered user the Site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer. You agree to accept responsibility for all activities that occur under your account or password. Anytime Fitness reserves the right, without notice and in its sole discretion, to refuse or restrict access or service, terminate accounts, or remove or edit Anytime Content.
10.2 You authorise Anytime Fitness and any payment processing service provider it may engage to charge your credit card, or to debit or process payment through any other offered means, for any products or services you purchase through your use of the Sites. You represent and warrant that you are the only one who will make payments in connection with the Site, and you shall be responsible for any and all uses of your credit card, debit card, or any other payment means used in or under your name.
11. MISCELLANEOUS
11.1 English has been used in the preparation of these Terms of Use, and English shall be the controlling language with respect to these Terms of Use and their interpretation.
11.2 Any failure by Anytime Fitness to enforce any provision of these Terms of Use shall not be construed as a waiver of any provision or the right to enforce any rights under these Terms of Use.
11.3 If you are a consumer, these Terms of Use, their subject matter and their formation, are governed by English law. Anytime Fitness and you both agree that the courts of England and Wales will have exclusive jurisdiction, except that if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are a resident of Scotland, you may also bring proceedings in Scotland.
11.4 If you are a business, these Terms of Use, their subject matter and their formation (and any non-contractual disputes or claims) are governed by English law. Anytime Fitness and you both agree to the exclusive jurisdiction of the courts of England and Wales.
11.5 If any part of these Terms of Use is held to be invalid, it shall not invalidate the other provisions of these Terms of Use.
12. CONTACT AND QUESTIONS
12.1 Any and all questions, comments, suggestions, and similar materials or information that you send or submit to Anytime Fitness or a third party provider on the Site, by a Post or otherwise (collectively, “Submissions”), shall become Anytime Fitness’s property; and you hereby transfer, sell, and assign to Anytime Fitness all of your right, title, and interest in and to any such Submissions, including without limitation, any and all related patent, copyright, trademark, and other intellectual property rights. Anytime Fitness has no obligation of any kind whatsoever to maintain any confidentiality with respect to any such Submissions. Anytime Fitness shall be free to use them for any purpose whatsoever without providing you notice or receiving your consent, and without restriction or compensation.
12.2 For questions or comments related to the Site or these Terms of Use, please email gdpr@anytimefitness.
