A. TERMS AND CONDITIONS

1. MEMBER, by executing this Agreement, does hereby join the CLUB and such membership entitles the MEMBER to use the facilities. The MEMBER is entitled to use the facility only and shall be required to use his/her own athletic equipment and clothes. The MEMBER may also be charged for purchases through the use of their key or account number.

2. MEMBER must present upon entering the CLUB his /her membership card. MEMBER agrees that they may be denied access to the CLUB without his/her membership card.

3. MEMBER agrees to abide by all membership regulations of the CLUB and comply with the stated and customary rules for participation and use of equipment.

4. MEMBER agrees that he/she shall not engage in any type of commercial or business activity inside the facilities. MEMBER shall not act as a trainer for any other MEMBER or guests and any acts which constitute such business activities are strictly forbidden. If the MEMBER engages in such commercial or business activities MEMBER’s membership shall be subject to immediate cancellation and the balance of the contract declared due and payable in full immediately.

5. MEMBER agrees that MEMBER shall abide by the CLUB dress code at all times while in the facility and will not wear denims or any trousers/shorts that have denim type seams or reverts. MEMBER’s are not allowed to enter the CLUB in flipflops or bare feet.

6. MEMBER agrees that he/she shall not use loud or profane language inside the CLUB premises, nor shall he/she molest, badger, assault or harass other CLUB MEMBERs, guests or employees. If the MEMBER engages in such behavior, his/her membership shall be subject to immediate cancellation, and the balance of the contract declared due and payable in full immediately.

7. MEMBER understands that the CLUB prohibits the use of any drugs or steroids and the MEMBER agrees not to use any drugs or steroids on the CLUB premises. The CLUB or its employees do not promote the use of any kind of drugs or steroids. MEMBER acknowledges and is aware that steroids can cause numerous physical, mental, and emotional problems relating to physical maturity and growth and may cause heart disease, strokes, liver dysfunction, sterility and infertility, and many other adverse health problems. MEMBER recognizes and acknowledges that there are serious criminal and civil penalties for the illegal possession, sale, use, trading, or exchange of drugs and steroids.

8. The MEMBER acknowledges that they are aware of the inherent risks of injury or ill health resulting from use of the services of the Club and any other Anytime Fitness® facility under this Agreement and from participation in exercise generally. In consideration of participation in activities within the Club and any other Anytime Fitness® facility, the Member agrees to that they shall participate in all activities at their own risk and responsibility whether supervised or not by staff. The MEMBER agrees to release and hold harmless the Club and any other Anytime Fitness® facility from and against all actions in respect of any incident arising out of injury, loss, damage or death caused to the MEMBER in any way what so ever in their usage of the Club and any other Anytime Fitness® facility.

9. MEMBER agrees to abide by all CLUB policies, follow the directions of the employees and staff regarding safety and securities issues, and to treat the staff, employees and other MEMBERS with courtesy.

10. MAINTENANCE OF FACILITIES: The CLUB may be temporarily closed for periods of up to 2 (two) weeks each year for maintenance purposes.

11. MEMBERSHIP FREEZE POLICY: If you have an annual membership (i.e. 12-month, etc.) you may freeze time on your membership for medical reasons. Membership can be frozen. Freezes can be from 30 to 60 days. A MEMBER may freeze his/her membership only maximum twice during the membership tenure. We may ask for documentation like medical records and prescriptions to verify your situation. While your membership is frozen, the Minimum Term will be extended for the same time as the freeze period. Direct debit payments that falls in the freeze period will also be frozen (expect the freeze fee). Freeze fee of RS 500/- (Rupees Five Hundred only) will be applicable while you freeze your membership.

B. PAYMENT OBLIGATIONS

1. MEMBER agrees to pay monthly dues on time, including notifying the CLUB promptly if there are any changes to his/her banking or credit/debit card information used for automatic payment changes, or to be charged a decline payment fee and/or a late fee per delinquent payment.

2. The MEMBER shall provide necessary details and agrees to monthly auto debit from their account for the payment of the membership fees to the Club.

3. MEMBER agrees to pay all costs of collection incurred by the holder of this Agreement if this account becomes due for more than 60 days.

4. MEMBER agrees to continue to fulfill the financial obligation of this Agreement, except as allowed below

5. Unless cancelled as provided in this Agreement, MEMBER will be responsible for all payments due and owing to the CLUB, even if MEMBER does not use the CLUB’s facilities and services. However, in the event of death or disability, the liability for fees will stand terminated as on the date of death or disability. If the CLUB becomes temporarily unavailable due to an unforeseen event such as fire, flood, loss of lease etc we will extend the MEMBER’s membership privileges for the period the facilities were unavailable.

6. If the MEMBER violates this Agreement and the terms contained therein or any of the rules and regulations for use of the facility, the CLUB may suspend the MEMBER and he/she shall not be entitled to a credit for any payment dues or other fees due or paid pursuant to this Membership Agreement. In the event the MEMBER continues to violate the terms of this Agreement or the rules and regulations governing the facility, the MEMBER’s membership may be terminated by the CLUB, and the balance of the contract declared due and payable in full immediately.

7. MEMBER agrees that his/her failure to use the CLUB facilities shall not release the MEMBER from the obligation to make all payments required by the terms of this Membership Agreement.

8. DEFAULT AND LATE PAYMENTS: Should you default on any payment obligation as called for in this Agreement, the CLUB will have the right to declare the entire remaining balance due and payable and you agree to pay allowable interest , and all costs of collection, including but not limited to collection agency fees, court costs and attorney fees. A default occurs when any payment due under this Agreement is more than 10 (ten) days late. Should any monthly payment be due for more than 10 (ten) days, then the MEMBER will be charged a late fee. An additional service fee will be charged for any cheque, draft, credit card or order returned for insufficient funds or any other reason. If the MEMBER is paying monthly dues by Electronic Funds Transfer (EFT), the CLUB’s Designated Billing Company reserves the right to debit via EFT, all amounts owed by the MEMBER including any and all late fees and service fees.

9. GST/ SERVICE TAX: Notwithstanding any other provisions of this Agreement, you understand and agree that the amount of your monthly membership dues is based on current GST rates and the same could vary during your membership, the CLUB has the right to adjust the monthly membership as per the varied GST rates. If you have requested the privilege of paying your monthly dues by pre-authorized electronic funds transfer, the monthly amount so transferred will be adjusted to reflect any varied GST rate.

10. RIGHT TO CHANGE DESIGNATED BILLING COMPANY: The CLUB hereby reserves the right to change the Designated Billing Company at their discretion and without warning to any MEMBER. If such a change is made, the full terms and conditions of this Agreement will continue to apply, and you agree to authorize the new Designated Billing Company to continue debiting your account.

11. NOTICE: In no case shall the liability of the Club towards the Member exceed the amount paid by the Member to the Club

C. CANCELLATION AND/OR TERMINATION OF THE MEMBERSHIP

1. Membership fee is non-refundable.

2. The CLUB retains the right to cancel or suspend the membership of any person for any reason. If such cancellation or suspension is made due to violation of the CLUB policies, violation of terms of this contract, or due to damage rendered by the MEMBER or their guests, in addition to the financial obligations under this Agreement you shall also be liable for a payment of Rs. 2500/- (Rupees Two Thousand and Five Hundred only) as cancellation fees. In case you are responsible for any damage to the Club, its facility or its equipment, you will be responsible for the repair or replacement or payment of damages as estimated by the Club.

3. If the CLUB goes out of business or moves its facilities more than 5 km from its present location. MEMBER may cancel his/her membership by written notice. Any cancellation under this subsection will receive a pro-rata refund of any prepayments. Any payments due prior to cancellation taking effect will still be due and payable. Your account must be current before any cancellation will take effect. To cancel for any of the above reasons, the MEMBER must send or deliver a written notice to the CLUB or to the Designated Billing Company.

4. Cancellation prior to the expiry of the Minimum Term Expiry Date : Cancellation prior to the expiry of the Minimum Term Expiry Date: You may cancel and/or terminate your membership due to medical or relocation reasons prior to the expiry of the Minimum Term Expiry Date subject to loss of advance paid for 11th and 12th month.

5. Cancellation after the Minimum Term Expiry Date: You can cancel your membership after the Minimum Term by giving us a written notice at least 7 (seven) days before the recurring date e.g. If you provide notice on the 18th of January and your recurring date is 1st of February then you can use January and you won’t be charged from February. In case you request for cancellation on the 25th of January, you will still be charged on 1st of February.
D.TRANSFER OF MEMBERSHIP
1.Membership is non-transferable.

2. In certain circumstances and as per our discretion, the CLUB may allow your Membership to be transferred to a non-member in case your account is up to date, and the person you transfer to: is eligible to become a MEMBER; is able to take up your Membership (for example, if you have a corporate Membership); signs a new Agreement to become a MEMBER for at least the balance of the Fixed Term; agrees that that the provisions of Clause E (Reciprocity) will also apply to them; and pays membership fees for at least the balance of the Fixed Term or enters into a Direct Debit Payment Agreement if the fees is to be paid periodically by direct debit; and pays applicable other fees such as a keyfob fee and a joining fee. If you wish to transfer your membership, you should inform us of the request to transfer atleast 7 (seven) days in advance to the recurring date. A transfer fee of Rs. 2000 (Rupees Two Thousand) + taxes shall be payable and must be paid at the time of application once authorised.

3. The transferee will not be charged for any sums already paid by the earlier MEMBER as the original MEMBER.

4. If our transfer policy given herein is changed, we will use our reasonable efforts to give MEMBERS prior notice of the change.

E. RECIPROCITY

1. Within your membership you have the option to use other Anytime Fitness clubs. You shall have the option to use and/or access to other Anytime Fitness® Clubs 30 (thirty) days after the date of signing of this Agreement.

2. Your Membership may be transferred to another Club if: over a period of consecutive 60 (sixty) days the MEMBER uses another Club a minimum of 4 (four) times in such period AND use that Club at least 50% of the time in such period; OR over 3 (three) consecutive 30 (thirty) day periods, you use another Club at least once in each of these periods, and 100% of your visits are at the other Club. The CLUB reserves the sole and absolute discretion to transfer your membership to the new CLUB and you will be required to pay the membership dues of the new CLUB which may vary from the membership fees payable under this Agreement.

3. If over a period of 60 (sixty) days, the Master Franchisor of Anytime Fitness in India determines that MEMBER primarily uses another Anytime Fitness® facility more than this CLUB, MEMBER may be transferred to that facility upon written notice/ email to MEMBER, and MEMBER will then be required to pay the membership dues of that facility which may vary from the dues payable under this Agreement

F. SAFETY NOTICES

1. This facility is under 24-hour recorded video surveillance, which may be retained by the CLUB for subsequent review and the MEMBER access card usage is logged.

2. MEMBER may not bring in guests at any time without the prior written consent of the facility staff. Furthermore, if this policy is violated, then at the sole discretion of the facility management, the MEMBER may be charged a guest fee and/or have their membership suspended or canceled, the balance of the contract declared due and payable in full immediately, and be assessed a penalty of up to Rs. 5,000/- (Rupees Five Thousand only). MEMBER may not allow anyone else use their access card and must alert the CLUB immediately if it is lost or stolen. Violating this policy carries the same penalties as violating the guest policy.

3. MEMBER who do not have their key access card will not be allowed into the facility during non-staffed hours, nor should they enter the facility during unstaffed hours.

4. Personal training services provided in this facility may be provided either by employees of the CLUB or by independent contractors operating their own business who are retained by the CLUB. Regardless, all payments for personal training services are to be made to the CLUB, who will pay the trainers as the services are provided.

5. MEMBER has access to a free orientation to the facility and the proper use of all equipment. It is the MEMBER’s responsibility to request this orientation.

6. It is the MEMBER’s responsibility to wipe down all equipment after each use and re-rack the weights they use.

7. MEMBER is required to use the safety features of the equipment. If you are unsure of how to use a machine, you should obtain instructions from the staff or personal trainers.

8. Horseplay, vulgar language, abuse of the equipment, working out while intoxicated, or other inappropriate behavior will not be tolerated and may result in the suspension or cancellation of the MEMBER’s membership and the balance of the contract being declared due and payable in full immediately.

9. Cell phones are not permitted in the cardio area. Photography and/or videography are not allowed anywhere in the CLUB.

10. Age Requirements – Persons under the age of 16 are not permitted in the CLUB.

G. MISCELLANIOUS

1. This Agreement may not be amended or modified except by an instrument in writing executed by the parties mutually hereto.

2. Arbitration: All disputes (except small claims under 10,000) will be settled by binding arbitration before a sole arbitrator chosen under the Indian Arbitration Act, 1996. The arbitration will take place in the city in which this club is located unless agreed otherwise. The decision of the arbitrator will be final and binding on all parties and may be enforced by a judgment entered upon the arbitration award by any court in India.

3. Should this Agreement be placed in the hands of an attorney for the violation of any provision contained herein, the parties agree the CLUB shall be entitled to recover all costs and expenses resulting therefrom, including the attorney’s fees.

4. The parties hereby agree that the whole Agreement between the parties relating to the subject matter hereof is contained in this Agreement and shall supersede any prior understandings, arrangements, commitments, or undertakings of the parties, whether written or oral, express or implied.

5. The CLUB retains the right to modify these policies without warning. Reasonable rules and regulations may be posted in the Membership Guide or the CLUB from time to time and all MEMBERs shall be subject to strict compliance therewith. The most current copy of the Membership Guide can be found at the CLUB or at the CLUB’s website.

6. MEMBER authorizes their club or any other agency appointed by the Club for the purpose of billing\promotions\collection to contact them by e-mail or telephone or SMS.