Text Messaging Terms
AnytimeFitness.com
Please read these Text Messaging Terms (“Terms”) carefully. By submitting your telephone number or otherwise agreeing to receive text messages from Anytime Fitness Franchisor® LLC (“Anytime Fitness,” “we” or “us”), you agree to be bound by these Terms, Anytime Fitness's websites' Terms of Use, Anytime Fitness's Privacy Notice, and any other applicable terms and conditions related to your participation in Anytime Fitness's text messaging service ("SMS Service"). If you do not agree with these Terms, you must immediately cease using the SMS Service and opt out, as described below. We may update or amend these Terms, at any time, and such amendments will be effective upon posting of the updated Terms on the Anytime Fitness website. WE DO NOT ENDORSE OR MAKE ANY REPRESENTATIONS ABOUT ANY SERVICES, INCLUDING ANY TEXT MESSAGING SERVICES, THAT MAY BE OFFERED BY THIRD PARTIES AND/OR INDEPENDENTLY OWNED AND OPERATED FRANCHISEES.
Note: These Terms are subject to the DISPUTE RESOLUTION PROVISION of the Anytime Fitness Website Terms of Use THAT REQUIRES INDIVIDUAL ARBITRATION, AND YOU ARE NOT ALLOWED TO BRING YOUR CLAIMS IN COURT, OTHER THAN ON INDIVIDUAL BASIS IN SMALL CLAIMS COURT. PLEASE SEE THE SECTION, “DISPUTE RESOLUTION,” of the Anytime Fitness Website Terms of Use for more details.
When You Opt In
By opting in, you confirm that you are the subscriber to the relevant phone number or the customary user of that number on a family or business plan, that you are eighteen years or older and that you are authorized to opt in to our SMS Service. You agree that our SMS Service may use text messages sent from an automated system, an autodialer, an automated system for the selection and/or dialing of telephone numbers, an automatic telephone dialing system and/or any other type of system, software, hardware, or machines (no matter how they may be named or classified, and whether used alone or in conjunction with one another) that may use an automated procedure or process for sending messages, to the telephone number associated with your mobile device. Upon opting in you may receive one or more welcome messages or administrative messages, including confirmation of your desire to opt into receiving text messages from Anytime Fitness and its franchisees.
Types of Messages
Once you have opted into receiving text messages from us, we (and/or our franchisees) may send you messages concerning appointment confirmations and reminders, important club updates, exclusive offers and promotions, customer support and related communications. You acknowledge and agree that these text messages may contain personal information about you and that whoever has access to your mobile device or carrier will be able to see this information. You further acknowledge that the text messages sent through the SMS Service are not encrypted, which presents some security risk.
Opting Out
You can stop receiving text messages from Anytime Fitness at any point, and your consent to receive text messages from Anytime Fitness is not required and is not a condition to purchase any goods or services. If you wish to opt out of receiving text messages, or no longer agree to these Terms, directly reply to any text message received under these Terms with “STOP.” You may receive an additional text message confirming your decision to opt-out. You understand that the text message SMS Service may not recognize and respond to unsubscribe requests that contain words or phrases other than “Stop,” as described above and, agree that Anytime Fitness and its service providers will have no liability for failing to honor such requests. If you subsequently wish to resume receiving text messages, you just need to opt in again through the process described above.
Message Frequency
The number of messages you receive per month will depend on your preferences and the nature of our communication. Anytime Fitness reserves the right to increase or decrease this frequency at any point. We also reserve the right to change the short code or phone number from which messages are sent and we will notify you when we do so.
Costs
Anytime Fitness does not charge for the SMS Service; however, your mobile carrier’s message and data rates may apply. Please check with your mobile carrier for details about your pricing plan and the charges for sending and receiving text messages. You are solely responsible for any costs related to or associated with your receipt of text messages.
Supported Carriers
Not all mobile devices or handsets may be supported and our messages may not be deliverable in all areas. Anytime Fitness, its service providers and the mobile carriers supported by the SMS Service are not liable for delayed or undelivered messages. Based on information available to us, the SMS Service is able to deliver messages to the following mobile phone carriers: AT&T, Boost Mobile, T-Mobile®, U.S. Cellular®, Verizon, and Mint Mobile.
Privacy
We value your privacy. Please review our Privacy Notice, which explains how we use information that you submit to Anytime Fitness.
Disclaimer of Warranties
THE SMS SERVICE IS PROVIDED TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OF ANY KIND, AND ANYTIME FITNESS HEREBY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT. ANYTIME FITNESS DOES NOT MAKE ANY REPRESENTATION OR WARRANTY WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE SMS SERVICE. WITHOUT LIMITING THE FOREGOING, ANYTIME FITNESS WILL NOT BE LIABLE FOR ANY DELAYS IN THE RECEIPT OF ANY TEXT MESSAGES, AS DELIVERY IS SUBJECT TO THE EFFECTIVE TRANSMISSION FROM YOUR CARRIER AND/OR NETWORK OPERATOR. THE ABOVE EXCLUSIONS MAY NOT APPLY IN JURISDICTIONS THAT DO NOT ALLOW THE EXCLUSION OF CERTAIN IMPLIED WARRANTIES.
Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ANYTIME FITNESS SHALL NOT BE LIABLE TO YOU FOR ANY DAMAGES RESULTING FROM YOUR USE, OR INABILITY TO USE, THE SMS SERVICE OR ANY TEXT MESSAGE CONTENT, NOR FOR ANY INDIRECT, EXTRAORDINARY, EXEMPLARY, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING LOSS OF DATA, REVENUE, PROFITS, USE OR OTHER ECONOMIC ADVANTAGE) HOWEVER ARISING (WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE), EVEN IF ANYTIME FITNESS KNOWS OR HAS BEEN ADVISED THAT THERE IS A POSSIBILITY OF SUCH DAMAGE. YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE SMS SERVICE AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE THEREOF (INCLUDING any OF OUR FRANCHISEES). YOU UNDERSTAND THAT WE DO NOT MAKE ANY ATTEMPT TO VERIFY THE STATEMENTS OF USERS OF THE SMS SERVICE. YOU AGREE TO TAKE REASONABLE PRECAUTIONS IN ALL COMMUNICATIONS AND INTERACTIONS WITH ANY PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SMS SERVICE, PARTICULARLY IF YOU MEET OFFLINE OR IN PERSON.
Governing Law and Exclusive Jurisdiction
These Terms are governed by the laws of the State of Minnesota, without reference to its conflicts of laws principles. Any suit to enforce these Terms, to the extent such suit is excluded from the dispute resolution and arbitration provisions of the Anytime Fitness Website Terms of Use, MUST be brought exclusively in the United States District Court for District of Minnesota or, if there is no federal jurisdiction over the action, in the courts of the State of Minnesota located in Minneapolis. You hereby submit to the personal jurisdiction of such courts and waive any venue objection.