A. TERMS AND CONDITIONS
1. The 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
3. The 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. The MEMBER agrees that he/she shall not engage in any type of commercial or business activity inside the facilities. The 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. The 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. MEMBERS are not allowed to enter the CLUB in flipflops or bare feet.
6. The 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 behaviour, his/her membership shall be subject to immediate cancellation, and the balance of the contract declared due and payable in full immediately.
7. The 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. The 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. The 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 death or ill health resulting from the 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 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 whatsoever in their usage of the Club and any other Anytime Fitness® facility.
9. The MEMBER agrees to abide by all CLUB policies, follow the directions of the employees and staff regarding safety and security 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 a maximum of 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. fall in the freeze period will also be frozen (except the freeze fee).) will be applicable while you freeze your membership.
12. Communication: The Member hereby agrees to be communicated directly or via third-party applications for surveys, feedback, or advertisements by Anytime Fitness India.
B. PAYMENT OBLIGATIONS
1. The 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 declined 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. The 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. The MEMBER agrees to continue to fulfill the financial obligation of this Agreement, except as allowed below
5. Unless canceled as provided in this Agreement, the MEMBER will be responsible for all payments due and owing to the CLUB, even if the 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. The 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 30 Days 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 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.
