Your gym experience is of the utmost importance to us. Was something a little off last time you stopped in for a workout? Feel like sharing a little victory or a major milestone? Please let us know by completing the form below.
Introduction
This website (Website) is operated by Anytime Australia Pty Ltd ABN 11 131 035 491 (Anytime Australia). By using or accessing this Website, you agree to these terms and conditions. If you don’t agree to these terms & conditions, please don’t use or access this Website. Anytime Australia may change these terms and conditions from time to time, so you should check these terms and conditions regularly.
Your physical condition
You acknowledge the risks and dangers associated with the strenuous exercise that forms part of the content and services, which include, but are not limited to serious bodily injury, death or other damage or injury. You assume all such risks and responsibility for damages, liabilities, losses or expenses which you may incur as a result of your participation.
Each time you use this Website, you must ensure you are in good physical condition and know of no medical or other reason why you should not exercise. If unsure, you should not use the Website until you have sought appropriate medical guidance and been given the go-ahead.
You agree to give us all relevant personal health and fitness information both before and during the course of any exercise program or other activity. You also agree to complete our Pre-Exercise Questionnaire upon our request. In some cases, responses you give will require that you get medical guidance before exercising. You acknowledge that pre-exercise or other screening is no substitute for medical advice and does not guarantee against injury or death.
You promise that information you give us will be true and accurate and not misleading in any way. You must not use the Website if you are suffering from any illness, disease, injury or other condition that could be a risk to your health or safety or that of other members and others. We may suspend or cancel your account if we have reason to suspect that you have not complied with this paragraph or these terms & conditions more generally.
Anytime Australia and its affiliates make no guarantee, warranty, representation or promise of any health outcomes associated with your use of the Website, including but not limited to weight-loss, weight gain or other changes in body composition or your health or wellbeing more generally.
Eligibility
For safety and security reasons you must be at least 18 years old to register for this Website. However, if you are 16 or 17 years of age, and both you and your parent or guardian agree to the Special Conditions for 16-17 Year Olds (which are for your protection and may be found at afuat.mercerbell-staging.com.au), you may register. Your account may be immediately cancelled if you break one of the Special Conditions for 16-17 Year Olds.
We have the right to refuse to deal with you, at any time, at our sole discretion, including the suspension or termination of your account, if we believe that you may or will bring our reputation, those individuals who represent us in the market place and our other users into disrepute or otherwise will interfere with other parties’ rights to have reasonable use of and access to the Website or to the contents and components of the Website or are in any way in breach of these terms and conditions.
Your use of this Website
You must not:
use this Website (including by posting content) in a manner that violates a law or regulation of any country or may cause harm, distress or loss to any person;
disrupt, interfere with, reverse engineer or compromise the security of this Website or any software or hardware used in connection with this Website; or
restrict, inhibit or interfere with any other user’s use or enjoyment of this Website.
You acknowledge and agree that your account registration nor your acceptance of these terms & conditions provides you with access to products and services provided at or through any physical Anytime Fitness club located worldwide.
Fees and payment
There are no fees to access the free portion of the Website.
Privacy
All personal information that you supply in connection with this Website will be collected, used, disclosed and managed by Anytime Australia according to the terms of its Privacy Policy, a copy of which is available on this Website. You consent to Anytime Australia dealing with your personal information in accordance with its Privacy Policy. You also agree to use this Website in accordance with any other policies that we publish on this Website from time to time.
Your personal information may be: transferred to and stored out of Australia, including to a country that does not have the same level of privacy protection as Australia; and disclosed to and used by Anytime Fitness clubs, including overseas clubs, for the purpose of providing services to you. You consent to the transfer and storage of your personal information outside Australia, and to the disclosure and use of your personal information to clubs inside and outside Australia. You can access our privacy policy at afuat.mercerbell-staging.com.au/privacy.
You must tell us promptly if you change your contact or payment details or if there is a change to other relevant personal information, including anything that may affect health or safety.
You understand that photos, films, videos or audio recordings may be taken of subscribers for promotional purposes. Your permission will first be obtained if this is done. By registering your account, you agree to allow your image, recording or likeness to be used for any legitimate purpose by us or our affiliates and you assign your rights in any of these materials to Anytime Fitness LLC.
Intellectual property rights
Anytime Australia and its licensors own the intellectual property rights (including copyright and trade marks) in respect of this Website and its contents. You must not copy, modify, transmit or adapt this Website or its contents or otherwise infringe the intellectual property rights of Anytime Australia or its licensors without Anytime Australia prior written consent.
If you post any content on this Website, you grant Anytime Australia a non-exclusive, perpetual, irrevocable, world-wide, royalty-free licence to use, publish, reproduce and modify that content for any purpose. You warrant that you own the intellectual property rights in any content you post on this Website and that it does not infringe any third party’s intellectual property rights.
Links
This Website may from time to time contain hyperlinks to websites operated by third parties (Linked Sites). Linked Sites are not under the control of Anytime Australia. Anytime Australia is not responsible for, and does not control or approve, the contents or operation of any Linked Site. Your use of a Linked Site is subject to the terms and conditions of the Linked Site. Any personal information that you provide to a Linked Site will be subject to the privacy policy and practices (if any) of the operator of the Linked Site.
Cookies
During your use of this Website, Anytime Australia may issue and request cookies to and from your computer or mobile device. By using this Website you authorise Anytime Australia to issue and request such cookies.
Warranties and limitations
To the extent permitted by law:
all statutory and implied guarantees, warranties and conditions of any kind in connection with this Website and its contents are expressly disclaimed. Anytime Australia does not exclude any statutory or implied guarantee, condition or warranty which cannot be lawfully excluded;
Anytime Australia does not warrant that your access to this Website will be uninterrupted or that this Website will operate error free, that any defects will be corrected or that this Website and their servers are free of computer viruses, trojans, spyware and other harmful material;
Anytime Australia does not warrant that it will be able to prevent any unlawful, harmful or inappropriate use, modification or alteration of this Website, or that it will give notice of such use, modification or alteration;
Anytime Australia does not warrant or make any representations about the correctness, accuracy, currency, completeness, reliability, quality or otherwise of this Website or its contents. Your use of this Website and the information on it is at your own risk; and
this Website and its contents are provided on an “as is” basis without any warranties of any kind. Anytime Australia may change this Website or limit or terminate your access to this Website at any time without notice.
Some laws imply terms, conditions and guarantees into agreements such as these terms and conditions that cannot be excluded. If Anytime Australia breaches a non-excludable term, condition or guarantee, it will be liable for that breach. However, if Anytime Australia is allowed to limit its liability for that breach under the relevant law, Anytime Australia’s liability will be limited to supplying the same services again or paying the cost of having the services supplied by someone else (at Anytime Australia’s option).
Anytime Australia makes no representation that the content of this Website complies with the laws of any country outside Australia. If you access this Website from outside Australia, you do so at your own risk and you are responsible for ensuring compliance with all laws in the place where you are located.
Limitation of liability
To the extent permitted by law and without limiting any non-excludable consumer rights you may have, Anytime Australia and its affiliates (including but not limited to Anytime Fitness LLC) will not be liable for any direct, indirect, incidental, special, consequential or punitive loss or damage, loss of profits, revenue, expectation, business, savings, data or unavailability of systems or any other loss whatsoever, whether arising under contract, statute, tort (including negligence) or otherwise, in connection with this Website, or any use of or access to, or any inability to use or access, this Website.
You will hold Anytime Australia and its affiliated companies (including but not limited to Anytime Fitness LLC) harmless against any claims, proceedings losses, liabilities, costs or other expenses (including legal costs) incurred by them in connection with, whether directly or indirectly, your breach of these terms and conditions, your use or access of this Website or any violation by you of any applicable law or these terms and conditions.
Inconsistency
In the event of any inconsistency between these terms and conditions and our Privacy Policy, the terms of our Privacy Policy prevail to the extent of the inconsistency.
Force Majeure
Anytime Australia, Anytime Fitness LLC and their affiliates will not be responsible for any delay in preforming their obligations under these terms & conditions due to causes beyond their reasonable control.
Termination
You may terminate your free account at any time.
Applicable law
By using this Website, you agree that any claim or dispute arising in connection with these terms and conditions, or your use of this Website, will be resolved in accordance with the law applying in the State of New South Wales and under the exclusive jurisdiction of the courts of New South Wales and of the Commonwealth of Australia.
These terms and conditions were last updated in May 2020.
These offers are available at participating clubs only. Try us for free is valid up to a maximum of 7 consecutive days, unless otherwise stated in writing by the participating club.
Offer valid for first time guests who are local residents or workers 18 years & older only, (photo ID required). Offer subject to satisfactory completion of pre-exercise screening & to standard temporary/guest membership terms. Not valid with any other offers. Not redeemable for cash. Not transferrable. Only valid at participating clubs. Limit 1 offer per person. Where the trial pass permits use outside staffed hours, a refundable deposit may be payable for an access card. Further provisions may apply. Contact the participating club for details.
No cash value; may not be sold. Not valid with any other offer. Personal information of guests will be managed in accordance with the Anytime Fitness privacy statement.
Initial Joining Fee
Metropolitan Clubs $99
Regional Clubs $99
Access Card Fee
Metropolitan Clubs $69.95
Regional Clubs $69.95
12 Month Agreement
Metropolitan Clubs $815.40 ($67.95 per month)
Sydney Metropolitan Clubs $851.40 ($70.95 per month)
Regional Clubs $779.40 ($64.95 per month)
Total Cost (Recommended)
Metropolitan Clubs $984.35
Sydney Metropolitan Clubs $1020.35
Regional Clubs $948.35
These prices are recommended only. Each club sets its own pricing so prices will vary. Usual membership terms and conditions apply. Ask your local club for details of its scheduled offers, pricing and other terms. See Find a Gym page.
The individual set forth below (‘Participant’) voluntarily desires to participate in the ‘AF Challenge’ (‘Challenge’) on the Challenge Date(s) set forth below hosted by the participating Anytime Fitness gyms across Australia. Participant understands and agrees to the Terms and Conditions (‘Terms’) set forth below:
Challenge Date(s): 28 September 2020 – 22 November 2020
Participant: The individual participating in this Challenge.
The following Terms apply to the Challenge promoted by Anytime Australia Pty Ltd (ABN: 11 131 035 491) (‘Anytime Australia’) and hosted by participating Anytime Fitness Clubs across Australia (‘Anytime Fitness Club’).
Phase 2- Become a National Winner
20. On or about 22 November 2020, Participants will be given the opportunity to enter to become a national winner.
21. Participant may elect to go into the draw to be a national winner. To enter to become a Nation Winner Participants must submit themselves via the online entry form found on the portal at afuat.mercerbell-staging.com.au/challenge by no later than 30 November 2020. They will be required to fill out all the information on the form. For the avoidance of doubt, a Participant cannot win the Challenge unless they go into the draw to be a national winner and have completed all minimum obligations as set out in item 10, above.
22. Participant acknowledges that if participating in Phase 2 of the Challenge, they remain bound by items 1- 13, above, of these Terms.
23. Participants acknowledge and agree that failure to comply with minimum obligations as set out in item 10, above will result in disqualification from the Challenge and will no longer be eligible to be a national winner.
24. Any disqualification will not entitle Participants to recover any fees or charges paid in connection with the Challenge.
25. Anytime Australia will select 1 national male winner and 1 national female winner from the complete submissions on week commencing 7 December 2020 at Collective Wellness Group: Level 2/71 Longueville Rd Lane Cove NSW 2066 at 12:00pm AEST (‘Challenge Winners’). The Challenge Winners will be selected based on the best responses, as determined by Anytime Fitness in its sole discretion, provided via the online entry form. Anytime Australia’s decision is final, and no discussions will be entered into with respect to the decision.
26. The Challenge Winners agree to their photograph, name, Anytime Fitness Club, and any of the information and photographs provided in the online entry form being used by Anytime Australia and Anytime Fitness Clubs for promotional purposes including in written and/or video testimonials, statements, advertisements, social media posts and articles.
27. The Challenge Winners will be notified by phone and/or email on week commencing 14 December 2020.
28. The Challenge Winners will be announced on Anytime Australia Pty Ltd social media accounts including Anytime Australia Facebook and Anytime Australia Instagram on week commencing 14 December 2020.
29. The National Prize:
a) $5,000 cash for 1 male Challenge Winner and $5,000 cash for 1 female Challenge Winner. For the avoidance of doubt, there will be 1 national male Challenge Winner and 1 national female Challenge Winner.
b) The Prize is not transferrable and can only be claimed by each named Challenge Winner.
30. To the extent permitted by law, Anytime Fitness Clubs, Anytime Australia, Anytime Fitness LLC and any of their representatives, exclude all liability for any personal injury or any loss or damage, whether direct, indirect, special or consequential, arising in any way out of the awarding or use of the Prize. The Group accepts no responsibility for any tax implications arising from the Prize. The Challenge Winners should seek independent financial advice as to such implications.