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.
 

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.

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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.

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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.

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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.

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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.

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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.

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Privacy

We value your privacy. Please review our Privacy Notice, which explains how we use information that you submit to Anytime Fitness.

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How We Use Information

In addition to the purposes and uses described above, we use information in the following ways:

• To identify you when you visit our websites or any of our locations.

• To provide products and services or to process returns or refunds.

• To process payments (using a third-party payment processing vendor).

• To create and manage your account and/or membership.

• To improve our websites, mobile applications, services, and product offerings.

• To conduct analytics and research.

• To communicate with you, such as to respond to and/or follow-up on your requests, inquiries, issues, or feedback.

• To send you electronic communications you have requested, such as text messages, push notifications, notifications through our mobile application or through your mobile device.

• To send marketing and promotional materials including information relating to our products, services, sales, or promotions, or those of our business partners. For the avoidance of doubt, we do not send any marketing and/or promotional materials to users based on their Google Fit™ and/or Apple Health™ data, nor do we process Google Fit™ or Apple Health™ user information for any reason other than to improve the functionality of the application.

• To develop and display content and advertising tailored to your interests and preferences.

• To detect and protect against malicious, deceptive, fraudulent, or illegal activity, including violation of our policies and terms and conditions, security incidents, and harm to the rights, property, or safety of our company and our users, employees, or others.

• To debug, identify and repair errors that impair existing intended functionality of our website and services.

• To comply with our legal or regulatory obligations, to establish or exercise our rights, and to defend against a legal claim.

• For internal administrative purposes, as well as to manage our relationships.

• For such other purposes as you may consent (from time to time).

 

Although the sections above describe our primary purpose in collecting your information, in many situations we have more than one purpose. For example, if you complete an online purchase, we may collect your information to perform our contract with you, but we also collect your information as we have a legitimate interest in maintaining your information after your transaction is complete so that we can quickly and easily respond to any questions about your order. As a result, our collection and processing of your information is based in different contexts upon your consent, our need to perform a contract, our obligations under law, and/or our legitimate interest in conducting our business. To the extent we maintain and use personal information in a deidentified form, we will not attempt to reidentify the information, except for the purpose of determining whether our deidentification processes satisfy our legal obligations.

 

How We Share Information

In addition to the specific situations discussed elsewhere in this Privacy Notice, we may disclose personal information in the following situations:

 

• Affiliates and Acquisitions. We may share email (not SMS) information with our corporate affiliates (e.g., parent company, sister companies, subsidiaries, joint ventures, or other companies under common control). If another company acquires, or plans to acquire, our company, business, or our assets, we will also share information with that company, including at the negotiation stage. Anytime may share email information but not phone or text information with its affiliates, franchisees and/or their authorized designees.

• Franchisees and Business Partners. We may share information with our franchisees, or other business partners with whom we collaborate or work with to provide specific services to you.

• Other Disclosures without Your Consent. We may disclose information in response to subpoenas, warrants, or court orders, or in connection with any legal process, or to comply with relevant laws or regulations. We may also disclose your information in order to establish or exercise our rights, to defend against a legal claim, to investigate, prevent, or take action regarding possible illegal activities, suspected fraud, safety of person or property, or a violation of our policies.

• Partner Promotion. We may offer contests, sweepstakes, or other promotions with third-party partners. If you decide to enter a contest, sweepstakes, or promotion that is sponsored by a third-party partner, the information that you provide will be shared with us and with them. Their use of your information is not governed by this Privacy Notice.

• Service Providers. We may share your information with service providers. Among other things service providers may help us to maintain our website and/or mobile applications, conduct analytics, administer surveys, provide technical support, process payments, assist with customer services, and manage direct marketing programs on our behalf.

• Other Disclosures with Your Consent. We may disclose your information to other third parties when we have your consent or direction to do so.

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