aussupport@clubwise.

com MEMBER COPY (Page 1)

Membership Agreement

IMPORTANT NOTICE
The Anytime Fitness® chain comprises a network of independently owned and operated fitness Clubs, including our Club.
This is an Agreement under which you agree to become a Member of our Club. It is made up of this Important Notice, the Details
section, the attached Terms and any other document attached or referred to, including our Club Rules, our privacy policy and the Special
Conditions for 16-17 Year Olds (if applicable).

When you sign this Agreement you are entering into a legally binding contract with us.
This Agreement sets out your rights to use our Facilities and Services and the responsibilities you have to comply with as a Member.
These responsibilities, including payment of Membership Fees, do not depend on how often you use our Facilities and Services.
What is set out in this Agreement overrides any statements made by you or us before you signed it so you should read through it fully to
make sure it reflects your expectations. If you are unsure whether any particular statements that you have relied on are part of this
Agreement, or if you have any queries regarding this Agreement, please ask us before you sign.
Words in Bold type and capitalised first letters are defined in clause 1 of the attached Terms.

THIS AGREEMENT IS SUBJECT TO A 7 DAY COOLING OFF PERIOD

TYPE OF AGREEMENT
You must choose the type of agreement you wish to have by ticking and initialing the relevant box below:

Fixed Term Agreement: A Fixed Term Agreement ends when the Minimum Term ends. You will need a new agreement if you want to keep
using Facilities and Services after this and a new joining fee may apply. If you opt for a Fixed Term Agreement we may require that you pre-pay
the Membership Fees for the whole Agreement.
Your initials

Direct Debit Information: If an automatic direct debit arrangement is in place, your Membership Fees will continue to be debited from your account until
you or we cancel the arrangement by advising your bank or credit provider. If you end this Agreement or stop the automatic debit arrangement in a way
not described in this Agreement, you may be liable for damages for breach of contract. You should, however, cancel any direct debit authorisation when
your Agreement lawfully ends.

SUMMARY OF SOME KEY TERMS

Some of the key terms of this Agreement are summarised below. You must refer to the noted clause or provision for full details:
Cooling Off: You can cancel this Agreement within 7 days from the Start Date by giving us written notice. (See Details and clause 3).
Your Safety: You agree to give us all relevant health and fitness information before or during any exercise. Each time you use the Facilities and Services,
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 seek
medical guidance (see clause 5).
Access and Reciprocity: When you join our Club you can access and use our Club and our Facilities and Services. After the first 31 days, you will also be
able to access and use all other Clubs (see clause 2).
Membership Transfer and Assignment of this Agreement: As a broad rule, if you use another Club more than our Club, (using the criteria set out in this
Agreement) your Membership and this Agreement will be transferred from our Club to the Club you visit the most. If this happens, the Fees, including your
Membership Fees, may change (see clause 8).
Putting Your Membership On Hold: In any 12 month period you can usually ‘freeze’ your Agreement twice for up to 3 months for both periods combined.
If we agree, you may freeze your Agreement more than this time for travel, medical or hardship reasons but must give us proof. The minimum freeze
period is one billing period (or 2 weeks if you have pre-paid your Membership Fees). Your Membership will be extended by the freeze period. A weekly
Freeze Fee of up to $2.50 may apply (see clause 9).
Cancelling in the Minimum Term for Medical Reasons: You can cancel your Membership in the Minimum Term if you contract a serious illness or a
permanent physical incapacity which is confirmed by a doctor we reasonably agree to and you pay the Administration Fee which is the same as your
Membership Fees for 30 days (see clause 10).
Cancelling in the Minimum Term for Other Reasons: You can cancel for your convenience if you pay the Cancellation Fee which is the higher of 50% of the
balance due for the Minimum Term or a sum equal to 30 days Membership Fees (see clause 10). You can also cancel on notice of 30 days if you relocate
more than 15 km away from any Club and give us proof (see clause 10).
Cancelling an Ongoing Agreement After the Minimum Term: You may cancel on 30 days written notice (see clause 10).
Not Enough Money in Account When Fees Are Due: Your bank or credit provider may charge you a fee for overdrawing your account. Our third-party Biller
also charges the Biller's Administration Fee. (see the Details and clause 13).
Your initials
 CLUB COPY (Page 1)

Membership Agreement

IMPORTANT NOTICE
The Anytime Fitness® chain comprises a network of independently owned and operated fitness Clubs, including our Club.
This is an Agreement under which you agree to become a Member of our Club. It is made up of this Important Notice, the Details
section, the attached Terms and any other document attached or referred to, including our Club Rules, our privacy policy and the Special
Conditions for 16-17 Year Olds (if applicable).

When you sign this Agreement you are entering into a legally binding contract with us.
This Agreement sets out your rights to use our Facilities and Services and the responsibilities you have to comply with as a Member.
These responsibilities, including payment of Membership Fees, do not depend on how often you use our Facilities and Services.
What is set out in this Agreement overrides any statements made by you or us before you signed it so you should read through it fully to
make sure it reflects your expectations. If you are unsure whether any particular statements that you have relied on are part of this
Agreement, or if you have any queries regarding this Agreement, please ask us before you sign.
Words in Bold type and capitalised first letters are defined in clause 1 of the attached Terms.

THIS AGREEMENT IS SUBJECT TO A 7 DAY COOLING OFF PERIOD

TYPE OF AGREEMENT
You must choose the type of agreement you wish to have by ticking and initialing the relevant box below:
Fixed Term Agreement: A Fixed Term Agreement ends when the Minimum Term ends. You will need a new agreement if you want to keep
using Facilities and Services after this and a new joining fee may apply. If you opt for a Fixed Term Agreement we may require that you pre-pay
the Membership Fees for the whole Agreement.
Your initials

Direct Debit Information: If an automatic direct debit arrangement is in place, your Membership Fees will continue to be debited from your account until
you or we cancel the arrangement by advising your bank or credit provider. If you end this Agreement or stop the automatic debit arrangement in a way
not described in this Agreement, you may be liable for damages for breach of contract. You should, however, cancel any direct debit authorisation when
your Agreement lawfully ends.

SUMMARY OF SOME KEY TERMS

Some of the key terms of this Agreement are summarised below. You must refer to the noted clause or provision for full details:
Cooling Off: You can cancel this Agreement within 7 days from the Start Date by giving us written notice. (See Details and clause 3).
Your Safety: You agree to give us all relevant health and fitness information before or during any exercise. Each time you use the Facilities and Services,
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 seek
medical guidance (see clause 5).
Access and Reciprocity: When you join our Club you can access and use our Club and our Facilities and Services. After the first 31 days, you will also be
able to access and use all other Clubs (see clause 2).
Membership Transfer and Assignment of this Agreement: As a broad rule, if you use another Club more than our Club, (using the criteria set out in this
Agreement) your Membership and this Agreement will be transferred from our Club to the Club you visit the most. If this happens, the Fees, including your
Membership Fees, may change (see clause 8).
Putting Your Membership On Hold: In any 12 month period you can usually ‘freeze’ your Agreement twice for up to 3 months for both periods combined.
If we agree, you may freeze your Agreement more than this time for travel, medical or hardship reasons but must give us proof. The minimum freeze
period is one billing period (or 2 weeks if you have pre-paid your Membership Fees). Your Membership will be extended by the freeze period. A weekly
Freeze Fee of up to $2.50 may apply (see clause 9).
Cancelling in the Minimum Term for Medical Reasons: You can cancel your Membership in the Minimum Term if you contract a serious illness or a
permanent physical incapacity which is confirmed by a doctor we reasonably agree to and you pay the Administration Fee which is the same as your
Membership Fees for 30 days (see clause 10).
Cancelling in the Minimum Term for Other Reasons: You can cancel for your convenience if you pay the Cancellation Fee which is the higher of 50% of the
balance due for the Minimum Term or a sum equal to 30 days Membership Fees (see clause 10). You can also cancel on notice of 30 days if you relocate
more than 15 km away from any Club and give us proof (see clause 10).
Cancelling an Ongoing Agreement After the Minimum Term: You may cancel on 30 days written notice (see clause 10).
Not Enough Money in Account When Fees Are Due: Your bank or credit provider may charge you a fee for overdrawing your account. Our third-party Biller
also charges the Biller's Administration Fee. (see the Details and clause 13).
Your initials
 MEMBER COPY (Page 2)

DETAILS
Anytime Fitness Club Company Name ABN/ACN
“Us” “Our”
Trading Name

Address State

E Mail

Name ID (eg. Licence)

Member
"You" "Your" Address

E Mail Phone

Birth Date Gender

Emergency Contact Phone

Minimum Term
Start Date If our Club is open, the date you sign this Agreement (unless we agree to a later date). Otherwise, the date
our Club opens provided we have given you prior notice of that date. If we have not given you prior notice,
the Start Date is the day you are notified that our Club has opened.
Cooling Off End 7 days after the Start Date (ending at 11.59 pm on that day)

Fees Membership Fee for Minimum Term $

Other Joining Fee $

Fob Key Fee $
Other (if applicable) $
Total Fees Payable for the Minimum Term $
Other Fees Administration Fee A sum equal to 30 days Membership Fees
Cancellation Fee The higher of 50% of the balance due for the Fixed Term
or a sum equal to 30 days Membership Fees
Billers Administration Fee $7.50
Freeze Fee (per week) $2.50 (Maximum)
Guest Fee (per visit) $30 (Maximum)
Pro Rata Fee (initial) $
Pro Rata Fee (at Agreement end) $
Tailgate Fee $60 (Maximum)
Other - eg exercise consultation $
Payment of Membership
Upfront pre-payment for Minimum Term Periodic payment by direct debit
Fees (Please choose)
Direct Debit Payment
Each fortnight - in advance (subject to availability) Each month (in advance)
Period (Please choose)
Direct Debit Amount (May
$ Each fortnight (subject to availability) $ Every month
vary on Membership transfer
or after Minimum Term)
SIGNING PART
I/we have read through this Agreement in full and understand my/our obligations under it.

By signing here, I/we agree to be bound by the provisions of this Agreement.

16 and 17 Year Olds: You may join some "Approved Clubs" as long as you agree to follow the Special Conditions for 16-17 Year Olds. You promise
you have read and understand these and will act in accordance with them. Your parent or guardian must also co-sign this Agreement, your
Pre-Exercise Questionnaire and the Special Conditions for 16-17 Year Olds.

Member signature Date

By co-signing below, the parent or guardian of a 16 or 17 year old agrees to this Agreement, agrees to accept personal responsibility to ensure the 16 or 17
year old complies with it, and also agrees to rectify any failure of the 16 or 17 year old to comply with it.

Parent/guardian signature Date

Name and ID Relationship

Office Use Only
All signing persons have read through Agreement Pre-exercise Questionnaire completed 16-17 year old requirements completed (if applicable)

ID Shown and Details have been completed ACL exclusion clause signed for VIC Orientation completed
 CLUB COPY (Page 2)

DETAILS
Anytime Fitness Club Company Name ABN/ACN
“Us” “Our”
Trading Name

Address State

E Mail

Name ID (eg. Licence)

Member
"You" "Your" Address

E Mail Phone

Birth Date Gender

Emergency Contact Phone

Minimum Term
Start Date If our Club is open, the date you sign this Agreement (unless we agree to a later date). Otherwise, the date
our Club opens provided we have given you prior notice of that date. If we have not given you prior notice,
the Start Date is the day you are notified that our Club has opened.
Cooling Off End 7 days after the Start Date (ending at 11.59 pm on that day)

Fees Membership Fee for Minimum Term $

Other Joining Fee $

Fob Key Fee $
Other (if applicable) $
Total Fees Payable for the Minimum Term $
Other Fees Administration Fee A sum equal to 30 days Membership Fees
Cancellation Fee The higher of 50% of the balance due for the Fixed Term
or a sum equal to 30 days Membership Fees
Billers Administration Fee $7.50
Freeze Fee (per week) $2.50 (Maximum)
Guest Fee (per visit) $30 (Maximum)
Pro Rata Fee (initial) $
Pro Rata Fee (at Agreement end) $
Tailgate Fee $60 (Maximum)
Other - eg exercise consultation $
Payment of Membership
Upfront pre-payment for Minimum Term Periodic payment by direct debit
Fees (Please choose)
Direct Debit Payment
Each fortnight - in advance (subject to availability) Each month (in advance)
Period (Please choose)
Direct Debit Amount (May
$ Each fortnight (subject to availability) $ Every month
vary on Membership transfer
or after Minimum Term)

SIGNING PART
I/we have read through this Agreement in full and understand my/our obligations under it.

By signing here, I/we agree to be bound by the provisions of this Agreement.

16 and 17 Year Olds: You may join some "Approved Clubs" as long as you agree to follow the Special Conditions for 16-17 Year Olds. You promise
you have read and understand these and will act in accordance with them. Your parent or guardian must also co-sign this Agreement, your
Pre-Exercise Questionnaire and the Special Conditions for 16-17 Year Olds.

Member signature Date

By co-signing below, the parent or guardian of a 16 or 17 year old agrees to this Agreement, agrees to accept personal responsibility to ensure the 16 or 17
year old complies with it, and also agrees to rectify any failure of the 16 or 17 year old to comply with it.

Parent/guardian signature Date

Name and ID Relationship

Office Use Only
All signing persons have read through Agreement Pre-exercise Questionnaire completed 16-17 year old requirements completed (if applicable)

ID Shown and Details have been completed ACL exclusion clause signed for VIC Orientation completed
 TERMS

1. DEFINITIONS Replacement Fob Fee: the amount payable under clause 5.2(d) as set out in the
Details.
Administration Fee: the Fee payable under clause 10.3 (b) as set out in the
Details. Start Date: when this Agreement starts as set out in the Details.
Agreement: this Agreement as described in the Important Notice. Special Conditions for 16-17 Year Olds: the special conditions set out in the
document headed “Special Conditions for 16-17 Year Olds” and referred to in
Anytime Australia: Anytime Australia Pty Ltd, ACN 131 035 491 which is the
clause 4.
Australian Anytime Fitness franchisor.
Staffed Hours: the times a Club is staffed. These times may not be fixed and will
Anytime Fitness LLC: Anytime Fitness LLC of Minnesota USA which owns the
also vary from Club to Club.
Anytime Fitness system, trademark and other intellectual property.
Approved Club: a Club that has been approved by Anytime Australia to offer Tailgate Fee: the Fee you will be charged if you allow another person to access a
memberships to 16 and 17 year olds. Club without permission.
ACL: means the Australian Consumer Law in the CCA. Terms: the part of this Agreement described as the “Terms”.
Biller: Our third party biller, Debitsuccess Pty Ltd, A.B.N 32 095 551 581. 2. JOINING, ACCESS AND RECIPROCITY
Biller’s Administration Fee: the Fee charged by the Biller under clause 13.3(b) as 2.1 When you join our Club, you will need to give us information noted in the
set out in the Details. Details and provide us with photographic identification. If you join under a
Cancellation Fee: the Fee payable under clause 12.6 as set out in the Details. particular offer, such as a corporate offer, you will also need to give us proof
that you are eligible for that offer.
CCA: the Competition and Consumer Act 2010 (Cth).
Club: an Anytime Fitness club. 2.2 On joining we will give you a Fob Key or access card that will let you access and
use our Club and the Facilities and Services.
Club Rules: the rules that are referred to in clause 5.6.
2.3 After the first 31 days, you will also be able to access and use all other Clubs
Details: the part of this Agreement described as the “Details”.
under the provisions of this Agreement provided that you continue to be a
Direct Debit Amount: what you agree to pay by direct debit each Direct Debit Member and your Membership has not been suspended.
Payment Period as set out in the Details.
3. COOLING OFF
Direct Debit Payment Agreement: the periodic billing agreement you enter into
3.1 If you change your mind after joining, you have 7 days to cool off or cancel your
with our third party Biller for periodic billing services.
Membership starting on the Start Date. To be effective, you must let us know in
Direct Debit Payment Period: the frequency of your direct debit payments as set writing at any time during this 7 day cooling off period. Your written
out in the Details. cancellation can be given to us personally, by post or by e mail.
Essential Term: a term of this Agreement that is so important you would not 3.2 If you cancel your Membership under clause 3.1, we will charge you the Fob
have signed the Agreement without it, for example, a requirement that the Key Fee and fees for any services or products already supplied but the Joining
Facilities and Services are available 24 hours a day 7 days a week (subject to Fee and Membership Fees will be refunded.
clause 18, clause 20.1 and the Special Conditions for 16 and 17 Year Olds). If 4. MINIMUM AGE
there is a disagreement as to whether a term is an Essential Term, the matter
4.1 For safety and security reasons you must be at least 18 years old to become a
will be reasonably determined by Anytime Australia.
Member. However, if you are 16 or 17 years of age, and both you and your
Facilities and Services: includes Club premises and all exercise areas, bathrooms,
parent or guardian agree to the Special Conditions for 16-17 Year Olds (which
equipment, weights, benches, machines, mats and any programs, products,
are for your protection), you may join us if we are an Approved Club.
classes and services that you may use (excluding services referred to in clause
14). 4.2 Your Membership may be immediately cancelled if you break one of the Special
Conditions for 16-17 Year Olds.
Fees: fees that apply under this Agreement as set out in the Details and referred
5. HEALTH AND SAFETY AND ACCEPTABLE CONDUCT
to in clause 12.
Fixed Term Agreement: an agreement which automatically ends at the end of 5.1 Your physical condition
the Minimum Term. (a) When you sign this Agreement and each time you use the Facilities and
Services, you must ensure you are in good physical condition and know of no
Fob Key: the access key that allows you to access Clubs.
medical or other reason why you should not exercise. If unsure, you should not
Fob Key Fee: the Fee payable under clause 12.4 as set out in the Details.
use the Facilities and Services until you have sought appropriate medical
Guest Fee: the Fee payable under clause 5.5 as set out in the Details. guidance and been given the go-ahead.
Important Notice: the part of this Agreement described as this. (b) You agree to give us all relevant personal health and fitness information both
Joining Fee: the Fee payable under clause 12.2 as set out in the Details. before and during the course of any exercise program or other activity. You also
agree to complete our Pre-Exercise Questionnaire. In some cases, responses
Member: a Club member.
you give will require that you get medical guidance before exercising. You
Membership: another word used to refer to this Agreement. acknowledge that pre-exercise or other screening is no substitute for medical
Membership Fees: the Fees you pay to access the Facilities and Services as advice and does not guarantee against injury or death.
referred to under clause 12 and set out in the Details. (c) You promise that information you give us will be true and accurate and not
Minimum Age: the minimum age to become a Member and use the Facilities misleading in any way.
and Services and referred to in clause 4. (d) You must not use the Facilities and Services if you are suffering from any illness,
Minimum Term: the minimum term as set out in the Details. disease, injury or other condition that could be a risk to your health or safety or
that of other Members and others.
Ongoing Agreement: an agreement that continues on an ongoing basis after the
Minimum Term until terminated under clause 10. (e) We may suspend or cancel your Membership if we have reason to suspect that
you have not complied with clause 5.1.
Pre-Exercise Questionnaire: the questionnaire or other screening we may
require you to answer before using the Facilities and Services.
Pro Rata Fee: the Fee/s that may be applicable under clause 12.3 and set out in
the Details.
5.2 Your Fob Key 6.2 Emergencies
(a) You will need your Fob Key (or access card) to access Clubs and must swipe this (a) Clubs have an emergency phone, panic buttons and security lanyards for safety
each time you use the Facilities and Services. and security reasons and to alert a security company in emergencies, for example,
(b) If you lose or forget your Fob Key (or access card) you may access a Club during if you are, or feel, threatened or need medical help. You must understand how
Staffed Hours if you show photo ID to Club staff but this will be at the emergency apparatus works and agree to use it only in an emergency.
discretion of the Club. You should not ask or expect another person to let you (b) If you deliberately use emergency apparatus inappropriately, you agree to pay for
into a Club at any time. any costs, loss or damages incurred because of this inappropriate use.
(c) You must not let anyone else into a Club without the approval of Club staff or (c) Clubs may also have an emergency or crisis response procedure displayed which
let anyone else use your Fob Key (or access card). If you break this term, you must be followed in emergencies.
may be charged the Tailgate Fee and/or your Membership may be suspended Be cautious
6.3
or cancelled.
You must be cautious when entering, leaving a Club and using the Club and you
(d) If your Fob Key (or access card) is lost or stolen you must let us know must wear security lanyards when appropriate, for example, if exercising alone or
immediately and get a replacement in 14 days or you may be refused Club outside Staffed Hours.
access. A Replacement Fob Key Fee will apply.
6.4 Following Directions
5.3 Orientation
You agree to follow any reasonable direction of Club staff relating to health,
You may be required to participate in a Member orientation to familiarise you safety or security matters or related matters.
with the Facilities and Services before you use them.
7. PRIVACY
5.4 Proper use of equipment
7.1 Your personal information
You promise to take care to use the Facilities and Services safely and properly.
From when you apply for Membership, you will need to provide us with, and we
If you are ever not sure how to operate any equipment properly, you agree to
will have access to personal information about you, including information relating
ask Club staff first.
to your health and finances. Your personal information may be:
5.5 Guests
(a) transferred to and stored out of Australia, including to a country that does not
You may bring a guest into a Club but only if they register with Club staff, pay a have the same level of privacy protection as Australia; and
Guest Fee and meet our other reasonable conditions. For example, they will
(b) disclosed to and used by other Clubs, including overseas Clubs, for the purpose of
need to be the Minimum Age, show photo ID, complete the Pre-Exercise
allowing you access to Clubs and providing services to you (for example so that we
Questionnaire and other standard forms.
can confirm your Membership if you visit our global facilities).
5.6 Club Rules
7.2 General consent
(a) Club Rules apply to everyone using the Facilities and Services. They are usually
By signing this Agreement, you consent to us collecting, using, disclosing and
displayed in the Club.
dealing with your personal information in accordance with our privacy policy. In
(b) Club Rules form part of this Agreement so you must make sure you read, particular, you consent to the transfer and storage of your personal information
understand and follow them at all times. outside Australia, and to the disclosure and use of your personal information to
(c) If you break any of the Club Rules we will respond in a way we consider fair other Clubs inside and outside Australia. You can access our privacy policy at
and appropriate. For example, in less serious cases, we may give you a warning www.anytimefitness.com.au/privacy.
but in serious cases or where you have repeatedly broken Club Rules we may Up to date contact information
7.3
suspend or cancel your Membership. If your breach causes us or another
You must tell us promptly if you change your contact or payment details or if there
person costs, loss or damages, you agree to pay for these.
is a change to other relevant personal information, including anything that may
5.7 Illegal performance enhancing or other illicit substances affect health or safety.
You acknowledge that the distribution or use of illegal or performance 7.4 Consent to use your image
enhancing drugs is prohibited and promise that you will not use or distribute
You understand that photos, films, videos or audio recordings are sometimes
these substances in or near a Club.
taken of Members for promotional purposes. Your permission will first be
5.8 Commercial activity obtained if this is done. By signing this Agreement, you agree to allow your image,
You acknowledge that engaging in any commercial or business activities in the recording or likeness to be used for any legitimate purpose by us or by Anytime
Club, such as offering training services or selling goods in the Club is prohibited Australia and you assign your rights in any of these materials to Anytime Fitness
unless we grant you written permission to do so. If we do give you written LLC.
permission, we can revoke this at any time. Other
7.5
5.9 Action for risky or inappropriate conduct As noted in clause 6.1, CCTV camera recording is used in Clubs (except in
(a)
If you behave in a risky or seriously inappropriate way, for example, if you bathrooms).
threaten or harass others, damage equipment, distribute or use illicit (b) Members and guests are not allowed to take photos and/or videos in Clubs unless
substances, or train other Members without our authorisation, appropriate specific permission is granted by the Club.
action will be taken. For example, your Membership may be immediately TRANSFER
8.
suspended or cancelled (with a Cancellation Fee potentially applying), you may
8.1 Your Membership may be transferred to another Club if:
be banned from joining any Club and/or we may refer the matter to
appropriate authorities. If your conduct causes us or another person costs, loss (a) over 2 consecutive 30 day periods you use another Club a minimum of 4 times in
or damages you agree to pay for these. each period AND use that Club at least 50% of the time in each period; OR
6. SECURITY (b) over 3 consecutive 30 day periods, you use another Club at least once in each of
these periods, and 100% of your visits are at the other Club.
6.1 24 Hour CCTV cameras
Club premises have CCTV security cameras recording 24-hours a day (except in
bathrooms) and may have remote video guarding services. This system is used
for security purposes but does not guarantee against harm. You should contact
the Club if you have questions on this.
8.2 If your Membership is transferred to another Club, your Fees, including any 10.3 Cancelling for medical reasons
ongoing Membership Fees, may be varied to reflect the Fees applicable in You can cancel your Membership at any time by telling us in writing if you cannot
(a)
the other Club. use the Facilities and Services because you contract a serious illness or a
8.3 If your Membership is transferred to another Club in another state or permanent physical incapacity during the term of your Membership. This must be
country, you may be required to sign a new Agreement compliant with the confirmed in writing by a doctor or other medical professional we reasonably
laws of that state or country. agree to and you agree that we may contact the doctor or other professional for
Your Membership may be transferred to another person who is not a verification purposes.
8.4
current Member but only if we agree, your account is up to date, and the (b) If you cancel under clause 10.3(a), we can charge you the Administration Fee.
person you transfer to: You will also be liable for Fees incurred, i.e. your Membership Fees for the time
(a) is eligible to become a Member; you were a Member (calculated on a pro rata basis), the Joining Fee, the Fob Key
Fee and Fees for services already supplied.
(b) is able to take up your Membership (for example, if you have a corporate
Membership); 10.4 Cancelling for your convenience in the Minimum Term

(c) signs a new agreement to become a Member for at least the balance of the During the Minimum Term, you can cancel your Membership at any time by
Minimum Term; telling us in writing and paying a Cancellation Fee.

(d) agrees that that the provisions of clause 2 regarding access and reciprocity 10.5 Other ways you can cancel this Agreement in the Minimum Term
will also apply to them; and You can also cancel your Membership in the following ways and without paying a
pays Membership Fees for at least the balance of the Minimum Term, or Cancellation Fee:
(e)
enters into a Direct Debit Payment Agreement if these Fees are to be paid (a) When prior notice is NOT required
periodically by direct debit; and You may cancel without giving us prior notice if:
(f) pays applicable other Fees such as a Fob Key Fee and a Joining Fee. we break an Essential Term and have not fixed this in a reasonable time of you
(i)
8.5 If our transfer policy (in clause 8.1) is changed, we will use our reasonable asking us in writing;
efforts to give Members prior notice of the change. you become bankrupt and give us proof (such as supporting documents) to our
(ii)
9. PUTTING YOUR MEMBERSHIP ON HOLD reasonable satisfaction;

9.1 You may temporarily suspend or freeze your Membership for any reason if (iii) we change this Agreement in a way that adversely affects you (this does not
your account is up to date and, if you have a Fixed Term Agreement, it has include a variation of Fees in the case of a transfer of Membership); or
more than 2 weeks left. In any 12 month period you may freeze your you become entitled to cancel under consumer laws.
(iv)
Membership 2 times for up to 3 months for both periods combined.
(b) When prior notice is required
9.2 We may agree to freeze your Membership for more than the period noted
You may cancel by giving us 30 days written notice if you relocate more than 15
in clause 9.1 for travel, medical or hardship reasons but you must give us
km from a Club and you give us proof to our reasonable satisfaction.
proof (such as supporting documents) to our reasonable satisfaction.
(c) Applicable Fees
9.3 The Freeze Fee usually applies during any freeze period.
If you cancel your Membership under clause 10.5(a) or (b), you will be liable for
9.4 While your Membership is frozen, the Minimum Term will be extended for
Fees incurred, i.e. your Membership Fees for the time you were a Member
the same time as the freeze period. Direct debit payments that fall in the
(calculated on a pro rata basis), the Joining Fee, the Fob Key Fee and Fees for
freeze period will also be frozen (except the Freeze Fee).
services already supplied. These Fees are not refundable except in very limited
10. WHEN YOU CAN END THIS AGREEMENT circumstances related to clauses 10.5(a) (i) and (iv).
10.1 Notice 11. WHEN WE CAN END THIS AGREEMENT
If you need to notify or tell us anything in writing under this clause: In addition to our other rights under this Agreement, we may cancel your
11.1
(a) you can give this to us in person, by e mail or post; Membership if you breach any obligation under this Agreement that can’t be
it would be useful (but not required) if you complete any standard fixed or if you breach an obligation that can be fixed but you do not fix it in a
(b)
documentation we may have such as a cancellation form and provide your reasonable time.
Membership number (if you know it); 11.2 If we cancel your Membership under clause 11.1, you will be liable for Fees
if you do not use our standard documentation, your notice must include incurred, i.e. your Membership Fees for the time you were a Member (calculated
(c)
your name, Club, address, phone, email, ID details and signature and explain on a pro rata basis), the Joining Fee, the Fob Key Fee and Fees for services
why you wish to cancel; and already supplied. We may also charge a Cancellation Fee and recover costs, loss
or damages caused by your breach.
(d) you must also attach any required proof such as a medical certificate.
11.3 You promise you are not bankrupt or insolvent and are able to pay applicable
10.2 Cancelling your Membership on or after end of the Minimum Term Fees at the time of signing. You agree that you will tell us promptly if you believe
(a) If this is a Fixed Term Agreement, you do not need to do anything, as your you will be unable to pay your Membership Fees for an extended period. We may
Membership will end when the Minimum Term ends. We may contact you cancel your Membership if you become bankrupt or insolvent.
before your Agreement ends to discuss renewal. If you chose to renew your
11.4 If we cancel your Membership under clause 11.3 you will be liable for Fees
Membership or sign a new agreement before the Minimum Term ends, a
incurred, i.e. your Membership Fees for the time you were a Member (calculated
Joining Fee will not apply.
on a pro rata basis), the Joining Fee, the Fob Key Fee and Fees for services
(b) If this is an Ongoing Agreement, it will continue after the Minimum Term already supplied.
unless you tell us in writing at any time (but at least 30 days) before the end
12. FEES
of the Minimum Term that you wish to cancel your Membership. If you tell
us before the end of the Minimum Term but it is less than 30 days before, 12.1 General
your Membership will continue for another 30 days before it ends. (a) The Fees you have to pay are set out in the Details. Some rights and obligations
If this is an Ongoing Agreement and it has continued beyond the Minimum that apply in relation to particular Fees are set out in this clause.
(c)
Term, you can cancel any time by giving us at least 30 days prior written (b) If you do not make any payment when it is due, your Membership may be
notice. suspended and you could be refused access to Clubs and to Facilities and Services
until all outstanding amounts have been paid.

(c) Your Membership may also be terminated if any Fees remain unpaid for an
extended period. You will still be liable for all unpaid amounts. A Cancellation Fee
may also apply.
12.2 Joining Fee 13.2 Authority to deduct Fees

We will charge you the Joining Fee to cover the set up costs for your By nominating a credit or debit account, you authorise our Biller, to deduct from
Membership. This is not refundable except in very limited circumstances that account all Fees and other charges you are responsible for under this
related to clauses 3 and 10.5(a) (i) and (iv). Agreement. You must keep your account details up to date.

12.3 Pro-Rata Fee 13.3 Late or rejected direct debit payments (Also see clause 12.7)

If you pay by direct debit and your Start Date begins after the first day of (a) You must ensure there is enough money in your nominated account on the usual
the relevant Direct Debit Payment Period, you will only be charged the payment, or the next working day if that falls on a day when banks do not process
applicable portion of the Direct Debit Amount. The same applies if you payments.
have a Fixed Term Agreement and the Direct Debit Payment Period ends (b) If there is not enough money in your nominated account on the usual payment day,
after the last day of the Agreement. or there is another reason that your account was unable to be debited (except one
12.4 Fob Key Fee within the Biller’s control), you will be charged the Biller’s Administration Fee. This
will be added to your next debit amount. Prior arrears may also be included.
This is the Fee charged to buy a Fob Key. This is not refundable except in
very limited circumstances related to clauses 3 and 10.5(a) (i) and (iv). If (c) You authorise our Biller to deduct any unpaid arrears outstanding on your account.
you need a replacement Fob Key, a Replacement Fob Key Fee will apply. (d) Your bank or credit provider may charge you a fee for overdrawing your account if
12.5 Membership Fees you do not have enough money in your account when payment is due.
(a) If this is a Fixed Term Agreement you can pre-pay your Membership Fees 14. OTHER SERVICES
(pay them up front) when you sign this Agreement, or you can elect to pay 14.1 There may be other services, including personal training services, offered at Clubs
by equal periodic instalments provided this option is available in our Club. by us, contractors, licensees and others which are offered separately and/or in
(b) If this is an Ongoing Agreement, you must pay Membership Fees addition to services provided under this Agreement. You will need to pay applicable
periodically in advance until your Agreement ends. fees directly to the providers of the services and agree to separate terms and
conditions.
12.6 Cancellation Fee
14.2 We are not responsible for these third party provided services including fees or any
(a) A Cancellation Fee is payable if you want to cancel your Membership for
associated costs claims or refunds, unless they are provided by us.
your convenience in the Minimum Term. It is an amount equal to 50% of
the balance of your Membership Fees for remainder of the Minimum 15. CHANGES TO YOUR AGREEMENT
Term or a sum equal to 30 days Membership Fees (whatever is the higher). 15.1 We may sometimes make changes to this Agreement, including our Club Rules. If
(b) A Cancellation Fee may (at our reasonable discretion) also be payable by we do this, we will try to do this fairly and by giving you a chance to cancel your
you if your Membership is ended by us under clause 5.9, clause 11.1 or Membership if you are adversely affected by the change and do not agree to it.
clause 12.1(c). 15.2 We will make reasonable efforts to tell you of any change in advance and when it
12.7 If you do not pay a Fee when due will take effect. Subject to other Terms, the effective date will generally be at least
30 days from the date we tell you about the change unless it is not practical for us
(a) If you do not pay a Fee or other amount you owe when due, we can
to tell you at this time. Your Membership will be amended from the effective date.
suspend your Membership until all amounts have been paid. This is in
addition to our other rights under this Agreement, including those under 15.3 You cannot cancel under this clause in the case of a transfer of your Membership
clause 11.1. Other consequences may also apply with respect to late or or if we have to make the change to comply with a law or a direction of a relevant
rejected direct debit payments (see clause 13.3). authority.

(b) Fees and charges continue to accrue during a suspension under clause 16. OUR LIABILITY TO YOU
12.7(a). 16.1 Statutory guarantees
12.8 Fee increases (a) Under the ACL we guarantee that the services we supply:
(a) During the Minimum Term: (i) are provided with due care and skill;
(i) your Membership Fees will not be increased (except in the case of a are reasonably fit for any purpose you have told us you are using the services for
(ii)
transfer of your Membership (see clause 12.8 (c)); or told us you wish to achieve; and/or
(ii) other Fees may, however, be varied. (iii) are supplied in a reasonable time.
(b) After the Minimum Term, all Fees may be increased. (b) Under certain legislative provisions, however, we can ask you to accept some
(c) If your Membership is transferred to another Club, your Membership Fees limitations to the ACL guarantees.
(and other Fees) may be varied to reflect those which are applicable at the (c) If you sign this Agreement, you agree, to the extent allowed by section 139A of the
other Club even if your Membership is transferred in the Minimum Term. CCA, to exclude or modify our liability to you for death or injury from our failure to
(d) We will make reasonable efforts to tell you of any Fee changes. comply with ACL guarantees.

If your Fees are varied, you authorise any debits from your nominated (d) This exclusion does not apply if your death or injury is caused by our “reckless
(e)
account to also be varied. conduct” (as defined in the CCA).

12.9 Refunds and the Credit Code 16.2 State based notices: Victoria Only

We can deduct all Fees and charges that you must pay under this The ACL Exclusion Notice: “Warning Under the ACL and Fair Trading Act 2012”
Agreement from any refund we give you. applies if attached to this Agreement and signed by you.

13. DIRECT DEBIT 16.3 Other implied terms

13.1 Direct Debit Payment Agreement Nothing in this Agreement excludes, restricts or modifies any terms, conditions,
(a) warranties, guarantees, rights or remedies which cannot lawfully be excluded,
If you pay any Fees, including ongoing Membership Fees, by direct debit,
restricted or modified. Otherwise, unless expressly included in this Agreement, all
then this will be through our Biller (not us).
implied terms, conditions, warranties, guarantees, rights or remedies that can be
(b) You will be provided with a copy of Direct Debit Payment Agreement of lawfully excluded are excluded. In particular, but subject to clause 16.1 and 16.2,
the Biller which applies to any direct debit services. The Direct Debit we are not liable for death or injury caused by our negligence or breach of implied
Payment Agreement, which we are not a party to, is entirely separate to terms that services will be provided with reasonable care and skill at common law.
this Agreement. This does not exclude our liability for reckless conduct.
16.4 Loss of property 19.2 If you are uncomfortable about approaching, or do not wish to approach
You promise not to unnecessarily bring valuables into a Club and agree that Club staff, or are not happy with the response given, you may send a
it is not the obligation of the Club to look after unattended property. complaint to the head office of Anytime Australia by e mail to
[email protected].
17. YOUR RESPONSIBILITY FOR DAMAGE
19.3 Complaints will be dealt with in accordance with the Anytime Fitness
You agree to pay for any loss or damage to the Club or the Facilities and
complaints policy.
Services caused by you or your guests through a wilful, wrongful or
negligent act or as a result of your, or their, breach of this Agreement. 20. GENERAL LEGAL MATTERS

18. CLUB CLOSURES 20.1 Unexpected events

(a) We may need to close our Club for a period of time, for example, due to an We are not responsible if Members cannot use our Club because of an
emergency, or if required by a court order or by law. event caused by a natural force (such as a fire or a flood) or a road or
building closure or something similar beyond our reasonable control. If this
(b) We may close our Club up to 14 days in any 30 day period under clause
continues for more than 30 days, then either you or we may cancel this
18(a) and keep charging Membership Fees.
Agreement immediately by written notice. No Fee will apply.
(c) If we close the Club for between 15 and 30 days under clause 18(a) in any
20.2 Severability
30 day period, clause 18(e) applies.
If a court decides that any part of this Agreement is or becomes illegal,
(d) We may also close the Club for up to 30 consecutive days if it is being
void or unenforceable, that part is deleted and this does not invalidate the
refurbished or relocated.
rest of this Agreement.
(e) If we close the Club under clause 18(c) or 18(d) we may keep charging
20.3 Waiver
Membership Fees if you are able and willing to use another Club. If you are
not able or willing to use another Club we will freeze your Membership at If we do not enforce our rights under this Agreement at any time, it does
no cost to you and extend your Agreement for a time equal to the closed not mean that we may not do so in future.
period. 20.4 Entire agreement

(f) We will try, but cannot promise we will be able, to tell you about any Club You agree that we have not made any representations or promises that
closures in advance. you have relied that are not in this Agreement.

19. COMPLAINTS AND FEEDBACK 20.5 Applicable law

19.1 If you have any concerns about the Facilities and Services or anything else The law of the state/territory set out in the Details applies to this
in relation to your Membership, you should first raise it with Club staff. Agreement.

To view these terms online, please visit www.anytimefitness.com.au/membershipagreement

-END-
[email protected] MEMBER COPY (Page 1)

Membership Agreement

IMPORTANT NOTICE
The Anytime Fitness® chain comprises a network of independently owned and operated fitness Clubs, including our Club.
This is an Agreement under which you agree to become a Member of our Club. It is made up of this Important Notice, the Details
section, the attached Terms and any other document attached or referred to, including our Club Rules, our privacy policy and the Special
Conditions for 16-17 Year Olds (if applicable).

When you sign this Agreement you are entering into a legally binding contract with us.
This Agreement sets out your rights to use our Facilities and Services and the responsibilities you have to comply with as a Member.
These responsibilities, including payment of Membership Fees, do not depend on how often you use our Facilities and Services.
What is set out in this Agreement overrides any statements made by you or us before you signed it so you should read through it fully to
make sure it reflects your expectations. If you are unsure whether any particular statements that you have relied on are part of this
Agreement, or if you have any queries regarding this Agreement, please ask us before you sign.
Words in Bold type and capitalised first letters are defined in clause 1 of the attached Terms.

THIS AGREEMENT IS SUBJECT TO A 7 DAY COOLING OFF PERIOD

TYPE OF AGREEMENT
You must choose the type of agreement you wish to have by ticking and initialing the relevant box below:

Ongoing Agreement: This Agreement continues after the Minimum Term until either you or we terminate it in the way set out in the Terms.
Your Fees may increase after the Minimum Term expires.
Your initials

Direct Debit Information: If an automatic direct debit arrangement is in place, your Membership Fees will continue to be debited from your account until
you or we cancel the arrangement by advising your bank or credit provider. If you end this Agreement or stop the automatic debit arrangement in a way
not described in this Agreement, you may be liable for damages for breach of contract. You should, however, cancel any direct debit authorisation when
your Agreement lawfully ends.

SUMMARY OF SOME KEY TERMS

Some of the key terms of this Agreement are summarised below. You must refer to the noted clause or provision for full details:
Cooling Off: You can cancel this Agreement within 7 days from the Start Date by giving us written notice. (See Details and clause 3).
Your Safety: You agree to give us all relevant health and fitness information before or during any exercise. Each time you use the Facilities and Services,
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 seek
medical guidance (see clause 5).
Access and Reciprocity: When you join our Club you can access and use our Club and our Facilities and Services. After the first 31 days, you will also be
able to access and use all other Clubs (see clause 2).
Membership Transfer and Assignment of this Agreement: As a broad rule, if you use another Club more than our Club, (using the criteria set out in this
Agreement) your Membership and this Agreement will be transferred from our Club to the Club you visit the most. If this happens, the Fees, including your
Membership Fees, may change (see clause 8).
Putting Your Membership On Hold: In any 12 month period you can usually ‘freeze’ your Agreement twice for up to 3 months for both periods combined.
If we agree, you may freeze your Agreement more than this time for travel, medical or hardship reasons but must give us proof. The minimum freeze
period is one billing period (or 2 weeks if you have pre-paid your Membership Fees). Your Membership will be extended by the freeze period. A weekly
Freeze Fee of up to $2.50 may apply (see clause 9).
Cancelling in the Minimum Term for Medical Reasons: You can cancel your Membership in the Minimum Term if you contract a serious illness or a
permanent physical incapacity which is confirmed by a doctor we reasonably agree to and you pay the Administration Fee which is the same as your
Membership Fees for 30 days (see clause 10).
Cancelling in the Minimum Term for Other Reasons: You can cancel for your convenience if you pay the Cancellation Fee which is the higher of 50% of the
balance due for the Minimum Term or a sum equal to 30 days Membership Fees (see clause 10). You can also cancel on notice of 30 days if you relocate
more than 15 km away from any Club and give us proof (see clause 10).
Cancelling an Ongoing Agreement After the Minimum Term: You may cancel on 30 days written notice (see clause 10).
Not Enough Money in Account When Fees Are Due: Your bank or credit provider may charge you a fee for overdrawing your account. Our third-party Biller
also charges the Biller's Administration Fee. (see the Details and clause 13).
Your initials
 CLUB COPY (Page 1)

Membership Agreement

IMPORTANT NOTICE
The Anytime Fitness® chain comprises a network of independently owned and operated fitness Clubs, including our Club.
This is an Agreement under which you agree to become a Member of our Club. It is made up of this Important Notice, the Details
section, the attached Terms and any other document attached or referred to, including our Club Rules, our privacy policy and the Special
Conditions for 16-17 Year Olds (if applicable).

When you sign this Agreement you are entering into a legally binding contract with us.
This Agreement sets out your rights to use our Facilities and Services and the responsibilities you have to comply with as a Member.
These responsibilities, including payment of Membership Fees, do not depend on how often you use our Facilities and Services.
What is set out in this Agreement overrides any statements made by you or us before you signed it so you should read through it fully to
make sure it reflects your expectations. If you are unsure whether any particular statements that you have relied on are part of this
Agreement, or if you have any queries regarding this Agreement, please ask us before you sign.
Words in Bold type and capitalised first letters are defined in clause 1 of the attached Terms.

THIS AGREEMENT IS SUBJECT TO A 7 DAY COOLING OFF PERIOD

TYPE OF AGREEMENT
You must choose the type of agreement you wish to have by ticking and initialing the relevant box below:

Ongoing Agreement: This Agreement continues after the Minimum Term until either you or we terminate it in the way set out in the Terms.
Your Fees may increase after the Minimum Term expires.
Your initials

Direct Debit Information: If an automatic direct debit arrangement is in place, your Membership Fees will continue to be debited from your account until
you or we cancel the arrangement by advising your bank or credit provider. If you end this Agreement or stop the automatic debit arrangement in a way
not described in this Agreement, you may be liable for damages for breach of contract. You should, however, cancel any direct debit authorisation when
your Agreement lawfully ends.

SUMMARY OF SOME KEY TERMS

Some of the key terms of this Agreement are summarised below. You must refer to the noted clause or provision for full details:
Cooling Off: You can cancel this Agreement within 7 days from the Start Date by giving us written notice. (See Details and clause 3).
Your Safety: You agree to give us all relevant health and fitness information before or during any exercise. Each time you use the Facilities and Services,
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 seek
medical guidance (see clause 5).
Access and Reciprocity: When you join our Club you can access and use our Club and our Facilities and Services. After the first 31 days, you will also be
able to access and use all other Clubs (see clause 2).
Membership Transfer and Assignment of this Agreement: As a broad rule, if you use another Club more than our Club, (using the criteria set out in this
Agreement) your Membership and this Agreement will be transferred from our Club to the Club you visit the most. If this happens, the Fees, including your
Membership Fees, may change (see clause 8).
Putting Your Membership On Hold: In any 12 month period you can usually ‘freeze’ your Agreement twice for up to 3 months for both periods combined.
If we agree, you may freeze your Agreement more than this time for travel, medical or hardship reasons but must give us proof. The minimum freeze
period is one billing period (or 2 weeks if you have pre-paid your Membership Fees). Your Membership will be extended by the freeze period. A weekly
Freeze Fee of up to $2.50 may apply (see clause 9).
Cancelling in the Minimum Term for Medical Reasons: You can cancel your Membership in the Minimum Term if you contract a serious illness or a
permanent physical incapacity which is confirmed by a doctor we reasonably agree to and you pay the Administration Fee which is the same as your
Membership Fees for 30 days (see clause 10).
Cancelling in the Minimum Term for Other Reasons: You can cancel for your convenience if you pay the Cancellation Fee which is the higher of 50% of the
balance due for the Minimum Term or a sum equal to 30 days Membership Fees (see clause 10). You can also cancel on notice of 30 days if you relocate
more than 15 km away from any Club and give us proof (see clause 10).
Cancelling an Ongoing Agreement After the Minimum Term: You may cancel on 30 days written notice (see clause 10).
Not Enough Money in Account When Fees Are Due: Your bank or credit provider may charge you a fee for overdrawing your account. Our third-party Biller
also charges the Biller's Administration Fee. (see the Details and clause 13).
Your initials
 MEMBER COPY (Page 2)

DETAILS
Anytime Fitness Club Company Name ABN/ACN
“Us” “Our”
Trading Name

Address State

E Mail

Name ID (eg. Licence)

Member
"You" "Your" Address

E Mail Phone

Birth Date Gender

Emergency Contact Phone

Minimum Term
Start Date If our Club is open, the date you sign this Agreement (unless we agree to a later date). Otherwise, the date
our Club opens provided we have given you prior notice of that date. If we have not given you prior notice,
the Start Date is the day you are notified that our Club has opened.
Cooling Off End 7 days after the Start Date (ending at 11.59 pm on that day)

Fees Membership Fee for Minimum Term $

Other Joining Fee $

Fob Key Fee $
Other (if applicable) $
Total Fees Payable for the Minimum Term $
Other Fees Administration Fee A sum equal to 30 days Membership Fees
Cancellation Fee The higher of 50% of the balance due for the Fixed Term
or a sum equal to 30 days Membership Fees
Billers Administration Fee $7.50
Freeze Fee (per week) $2.50 (Maximum)
Guest Fee (per visit) $30 (Maximum)
Pro Rata Fee (initial) $
Pro Rata Fee (at Agreement end) $
Tailgate Fee $60 (Maximum)
Other - eg exercise consultation $
Payment of Membership
Upfront pre-payment for Minimum Term Periodic payment by direct debit
Fees (Please choose)
Direct Debit Payment
Each fortnight - in advance (subject to availability) Each month (in advance)
Period (Please choose)
Direct Debit Amount (May
$ Each fortnight (subject to availability) $ Every month
vary on Membership transfer
or after Minimum Term)
SIGNING PART
I/we have read through this Agreement in full and understand my/our obligations under it.

By signing here, I/we agree to be bound by the provisions of this Agreement.

16 and 17 Year Olds: You may join some "Approved Clubs" as long as you agree to follow the Special Conditions for 16-17 Year Olds. You promise
you have read and understand these and will act in accordance with them. Your parent or guardian must also co-sign this Agreement, your
Pre-Exercise Questionnaire and the Special Conditions for 16-17 Year Olds.

Member signature Date

By co-signing below, the parent or guardian of a 16 or 17 year old agrees to this Agreement, agrees to accept personal responsibility to ensure the 16 or 17
year old complies with it, and also agrees to rectify any failure of the 16 or 17 year old to comply with it.

Parent/guardian signature Date

Name and ID Relationship

Office Use Only
All signing persons have read through Agreement Pre-exercise Questionnaire completed 16-17 year old requirements completed (if applicable)

ID Shown and Details have been completed ACL exclusion clause signed for VIC Orientation completed
 CLUB COPY (Page 2)

DETAILS
Anytime Fitness Club Company Name ABN/ACN
“Us” “Our”
Trading Name

Address State

E Mail

Name ID (eg. Licence)

Member
"You" "Your" Address

E Mail Phone

Birth Date Gender

Emergency Contact Phone

Minimum Term
Start Date If our Club is open, the date you sign this Agreement (unless we agree to a later date). Otherwise, the date
our Club opens provided we have given you prior notice of that date. If we have not given you prior notice,
the Start Date is the day you are notified that our Club has opened.
Cooling Off End 7 days after the Start Date (ending at 11.59 pm on that day)

Fees Membership Fee for Minimum Term $

Other Joining Fee $

Fob Key Fee $
Other (if applicable) $
Total Fees Payable for the Minimum Term $
Other Fees Administration Fee A sum equal to 30 days Membership Fees
Cancellation Fee The higher of 50% of the balance due for the Fixed Term
or a sum equal to 30 days Membership Fees
Billers Administration Fee $7.50
Freeze Fee (per week) $2.50 (Maximum)
Guest Fee (per visit) $30 (Maximum)
Pro Rata Fee (initial) $
Pro Rata Fee (at Agreement end) $
Tailgate Fee $60 (Maximum)
Other - eg exercise consultation $
Payment of Membership
Upfront pre-payment for Minimum Term Periodic payment by direct debit
Fees (Please choose)
Direct Debit Payment
Each fortnight - in advance (subject to availability) Each month (in advance)
Period (Please choose)
Direct Debit Amount (May
$ Each fortnight (subject to availability) $ Every month
vary on Membership transfer
or after Minimum Term)

SIGNING PART
I/we have read through this Agreement in full and understand my/our obligations under it.

By signing here, I/we agree to be bound by the provisions of this Agreement.

16 and 17 Year Olds: You may join some "Approved Clubs" as long as you agree to follow the Special Conditions for 16-17 Year Olds. You promise
you have read and understand these and will act in accordance with them. Your parent or guardian must also co-sign this Agreement, your
Pre-Exercise Questionnaire and the Special Conditions for 16-17 Year Olds.

Member signature Date

By co-signing below, the parent or guardian of a 16 or 17 year old agrees to this Agreement, agrees to accept personal responsibility to ensure the 16 or 17
year old complies with it, and also agrees to rectify any failure of the 16 or 17 year old to comply with it.

Parent/guardian signature Date

Name and ID Relationship

Office Use Only
All signing persons have read through Agreement Pre-exercise Questionnaire completed 16-17 year old requirements completed (if applicable)

ID Shown and Details have been completed ACL exclusion clause signed for VIC Orientation completed
 TERMS

1. DEFINITIONS Replacement Fob Fee: the amount payable under clause 5.2(d) as set out in the
Details.
Administration Fee: the Fee payable under clause 10.3 (b) as set out in the
Details. Start Date: when this Agreement starts as set out in the Details.
Agreement: this Agreement as described in the Important Notice. Special Conditions for 16-17 Year Olds: the special conditions set out in the
document headed “Special Conditions for 16-17 Year Olds” and referred to in
Anytime Australia: Anytime Australia Pty Ltd, ACN 131 035 491 which is the
clause 4.
Australian Anytime Fitness franchisor.
Staffed Hours: the times a Club is staffed. These times may not be fixed and will
Anytime Fitness LLC: Anytime Fitness LLC of Minnesota USA which owns the
also vary from Club to Club.
Anytime Fitness system, trademark and other intellectual property.
Approved Club: a Club that has been approved by Anytime Australia to offer Tailgate Fee: the Fee you will be charged if you allow another person to access a
memberships to 16 and 17 year olds. Club without permission.
ACL: means the Australian Consumer Law in the CCA. Terms: the part of this Agreement described as the “Terms”.
Biller: Our third party biller, Debitsuccess Pty Ltd, A.B.N 32 095 551 581. 2. JOINING, ACCESS AND RECIPROCITY
Biller’s Administration Fee: the Fee charged by the Biller under clause 13.3(b) as 2.1 When you join our Club, you will need to give us information noted in the
set out in the Details. Details and provide us with photographic identification. If you join under a
Cancellation Fee: the Fee payable under clause 12.6 as set out in the Details. particular offer, such as a corporate offer, you will also need to give us proof
that you are eligible for that offer.
CCA: the Competition and Consumer Act 2010 (Cth).
Club: an Anytime Fitness club. 2.2 On joining we will give you a Fob Key or access card that will let you access and
use our Club and the Facilities and Services.
Club Rules: the rules that are referred to in clause 5.6.
2.3 After the first 31 days, you will also be able to access and use all other Clubs
Details: the part of this Agreement described as the “Details”.
under the provisions of this Agreement provided that you continue to be a
Direct Debit Amount: what you agree to pay by direct debit each Direct Debit Member and your Membership has not been suspended.
Payment Period as set out in the Details.
3. COOLING OFF
Direct Debit Payment Agreement: the periodic billing agreement you enter into
3.1 If you change your mind after joining, you have 7 days to cool off or cancel your
with our third party Biller for periodic billing services.
Membership starting on the Start Date. To be effective, you must let us know in
Direct Debit Payment Period: the frequency of your direct debit payments as set writing at any time during this 7 day cooling off period. Your written
out in the Details. cancellation can be given to us personally, by post or by e mail.
Essential Term: a term of this Agreement that is so important you would not 3.2 If you cancel your Membership under clause 3.1, we will charge you the Fob
have signed the Agreement without it, for example, a requirement that the Key Fee and fees for any services or products already supplied but the Joining
Facilities and Services are available 24 hours a day 7 days a week (subject to Fee and Membership Fees will be refunded.
clause 18, clause 20.1 and the Special Conditions for 16 and 17 Year Olds). If 4. MINIMUM AGE
there is a disagreement as to whether a term is an Essential Term, the matter
4.1 For safety and security reasons you must be at least 18 years old to become a
will be reasonably determined by Anytime Australia.
Member. However, if you are 16 or 17 years of age, and both you and your
Facilities and Services: includes Club premises and all exercise areas, bathrooms,
parent or guardian agree to the Special Conditions for 16-17 Year Olds (which
equipment, weights, benches, machines, mats and any programs, products,
are for your protection), you may join us if we are an Approved Club.
classes and services that you may use (excluding services referred to in clause
14). 4.2 Your Membership may be immediately cancelled if you break one of the Special
Conditions for 16-17 Year Olds.
Fees: fees that apply under this Agreement as set out in the Details and referred
5. HEALTH AND SAFETY AND ACCEPTABLE CONDUCT
to in clause 12.
Fixed Term Agreement: an agreement which automatically ends at the end of 5.1 Your physical condition
the Minimum Term. (a) When you sign this Agreement and each time you use the Facilities and
Services, you must ensure you are in good physical condition and know of no
Fob Key: the access key that allows you to access Clubs.
medical or other reason why you should not exercise. If unsure, you should not
Fob Key Fee: the Fee payable under clause 12.4 as set out in the Details.
use the Facilities and Services until you have sought appropriate medical
Guest Fee: the Fee payable under clause 5.5 as set out in the Details. guidance and been given the go-ahead.
Important Notice: the part of this Agreement described as this. (b) You agree to give us all relevant personal health and fitness information both
Joining Fee: the Fee payable under clause 12.2 as set out in the Details. before and during the course of any exercise program or other activity. You also
agree to complete our Pre-Exercise Questionnaire. In some cases, responses
Member: a Club member.
you give will require that you get medical guidance before exercising. You
Membership: another word used to refer to this Agreement. acknowledge that pre-exercise or other screening is no substitute for medical
Membership Fees: the Fees you pay to access the Facilities and Services as advice and does not guarantee against injury or death.
referred to under clause 12 and set out in the Details. (c) You promise that information you give us will be true and accurate and not
Minimum Age: the minimum age to become a Member and use the Facilities misleading in any way.
and Services and referred to in clause 4. (d) You must not use the Facilities and Services if you are suffering from any illness,
Minimum Term: the minimum term as set out in the Details. disease, injury or other condition that could be a risk to your health or safety or
that of other Members and others.
Ongoing Agreement: an agreement that continues on an ongoing basis after the
Minimum Term until terminated under clause 10. (e) We may suspend or cancel your Membership if we have reason to suspect that
you have not complied with clause 5.1.
Pre-Exercise Questionnaire: the questionnaire or other screening we may
require you to answer before using the Facilities and Services.
Pro Rata Fee: the Fee/s that may be applicable under clause 12.3 and set out in
the Details.
5.2 Your Fob Key 6.2 Emergencies
(a) You will need your Fob Key (or access card) to access Clubs and must swipe this (a) Clubs have an emergency phone, panic buttons and security lanyards for safety
each time you use the Facilities and Services. and security reasons and to alert a security company in emergencies, for example,
(b) If you lose or forget your Fob Key (or access card) you may access a Club during if you are, or feel, threatened or need medical help. You must understand how
Staffed Hours if you show photo ID to Club staff but this will be at the emergency apparatus works and agree to use it only in an emergency.
discretion of the Club. You should not ask or expect another person to let you (b) If you deliberately use emergency apparatus inappropriately, you agree to pay for
into a Club at any time. any costs, loss or damages incurred because of this inappropriate use.
(c) You must not let anyone else into a Club without the approval of Club staff or (c) Clubs may also have an emergency or crisis response procedure displayed which
let anyone else use your Fob Key (or access card). If you break this term, you must be followed in emergencies.
may be charged the Tailgate Fee and/or your Membership may be suspended Be cautious
6.3
or cancelled.
You must be cautious when entering, leaving a Club and using the Club and you
(d) If your Fob Key (or access card) is lost or stolen you must let us know must wear security lanyards when appropriate, for example, if exercising alone or
immediately and get a replacement in 14 days or you may be refused Club outside Staffed Hours.
access. A Replacement Fob Key Fee will apply.
6.4 Following Directions
5.3 Orientation
You agree to follow any reasonable direction of Club staff relating to health,
You may be required to participate in a Member orientation to familiarise you safety or security matters or related matters.
with the Facilities and Services before you use them.
7. PRIVACY
5.4 Proper use of equipment
7.1 Your personal information
You promise to take care to use the Facilities and Services safely and properly.
From when you apply for Membership, you will need to provide us with, and we
If you are ever not sure how to operate any equipment properly, you agree to
will have access to personal information about you, including information relating
ask Club staff first.
to your health and finances. Your personal information may be:
5.5 Guests
(a) transferred to and stored out of Australia, including to a country that does not
You may bring a guest into a Club but only if they register with Club staff, pay a have the same level of privacy protection as Australia; and
Guest Fee and meet our other reasonable conditions. For example, they will
(b) disclosed to and used by other Clubs, including overseas Clubs, for the purpose of
need to be the Minimum Age, show photo ID, complete the Pre-Exercise
allowing you access to Clubs and providing services to you (for example so that we
Questionnaire and other standard forms.
can confirm your Membership if you visit our global facilities).
5.6 Club Rules
7.2 General consent
(a) Club Rules apply to everyone using the Facilities and Services. They are usually
By signing this Agreement, you consent to us collecting, using, disclosing and
displayed in the Club.
dealing with your personal information in accordance with our privacy policy. In
(b) Club Rules form part of this Agreement so you must make sure you read, particular, you consent to the transfer and storage of your personal information
understand and follow them at all times. outside Australia, and to the disclosure and use of your personal information to
(c) If you break any of the Club Rules we will respond in a way we consider fair other Clubs inside and outside Australia. You can access our privacy policy at
and appropriate. For example, in less serious cases, we may give you a warning www.anytimefitness.com.au/privacy.
but in serious cases or where you have repeatedly broken Club Rules we may Up to date contact information
7.3
suspend or cancel your Membership. If your breach causes us or another
You must tell us promptly if you change your contact or payment details or if there
person costs, loss or damages, you agree to pay for these.
is a change to other relevant personal information, including anything that may
5.7 Illegal performance enhancing or other illicit substances affect health or safety.
You acknowledge that the distribution or use of illegal or performance 7.4 Consent to use your image
enhancing drugs is prohibited and promise that you will not use or distribute
You understand that photos, films, videos or audio recordings are sometimes
these substances in or near a Club.
taken of Members for promotional purposes. Your permission will first be
5.8 Commercial activity obtained if this is done. By signing this Agreement, you agree to allow your image,
You acknowledge that engaging in any commercial or business activities in the recording or likeness to be used for any legitimate purpose by us or by Anytime
Club, such as offering training services or selling goods in the Club is prohibited Australia and you assign your rights in any of these materials to Anytime Fitness
unless we grant you written permission to do so. If we do give you written LLC.
permission, we can revoke this at any time. Other
7.5
5.9 Action for risky or inappropriate conduct As noted in clause 6.1, CCTV camera recording is used in Clubs (except in
(a)
If you behave in a risky or seriously inappropriate way, for example, if you bathrooms).
threaten or harass others, damage equipment, distribute or use illicit (b) Members and guests are not allowed to take photos and/or videos in Clubs unless
substances, or train other Members without our authorisation, appropriate specific permission is granted by the Club.
action will be taken. For example, your Membership may be immediately TRANSFER
8.
suspended or cancelled (with a Cancellation Fee potentially applying), you may
8.1 Your Membership may be transferred to another Club if:
be banned from joining any Club and/or we may refer the matter to
appropriate authorities. If your conduct causes us or another person costs, loss (a) over 2 consecutive 30 day periods you use another Club a minimum of 4 times in
or damages you agree to pay for these. each period AND use that Club at least 50% of the time in each period; OR
6. SECURITY (b) over 3 consecutive 30 day periods, you use another Club at least once in each of
these periods, and 100% of your visits are at the other Club.
6.1 24 Hour CCTV cameras
Club premises have CCTV security cameras recording 24-hours a day (except in
bathrooms) and may have remote video guarding services. This system is used
for security purposes but does not guarantee against harm. You should contact
the Club if you have questions on this.
8.2 If your Membership is transferred to another Club, your Fees, including any 10.3 Cancelling for medical reasons
ongoing Membership Fees, may be varied to reflect the Fees applicable in You can cancel your Membership at any time by telling us in writing if you cannot
(a)
the other Club. use the Facilities and Services because you contract a serious illness or a
8.3 If your Membership is transferred to another Club in another state or permanent physical incapacity during the term of your Membership. This must be
country, you may be required to sign a new Agreement compliant with the confirmed in writing by a doctor or other medical professional we reasonably
laws of that state or country. agree to and you agree that we may contact the doctor or other professional for
Your Membership may be transferred to another person who is not a verification purposes.
8.4
current Member but only if we agree, your account is up to date, and the (b) If you cancel under clause 10.3(a), we can charge you the Administration Fee.
person you transfer to: You will also be liable for Fees incurred, i.e. your Membership Fees for the time
(a) is eligible to become a Member; you were a Member (calculated on a pro rata basis), the Joining Fee, the Fob Key
Fee and Fees for services already supplied.
(b) is able to take up your Membership (for example, if you have a corporate
Membership); 10.4 Cancelling for your convenience in the Minimum Term

(c) signs a new agreement to become a Member for at least the balance of the During the Minimum Term, you can cancel your Membership at any time by
Minimum Term; telling us in writing and paying a Cancellation Fee.

(d) agrees that that the provisions of clause 2 regarding access and reciprocity 10.5 Other ways you can cancel this Agreement in the Minimum Term
will also apply to them; and You can also cancel your Membership in the following ways and without paying a
pays Membership Fees for at least the balance of the Minimum Term, or Cancellation Fee:
(e)
enters into a Direct Debit Payment Agreement if these Fees are to be paid (a) When prior notice is NOT required
periodically by direct debit; and You may cancel without giving us prior notice if:
(f) pays applicable other Fees such as a Fob Key Fee and a Joining Fee. we break an Essential Term and have not fixed this in a reasonable time of you
(i)
8.5 If our transfer policy (in clause 8.1) is changed, we will use our reasonable asking us in writing;
efforts to give Members prior notice of the change. you become bankrupt and give us proof (such as supporting documents) to our
(ii)
9. PUTTING YOUR MEMBERSHIP ON HOLD reasonable satisfaction;

9.1 You may temporarily suspend or freeze your Membership for any reason if (iii) we change this Agreement in a way that adversely affects you (this does not
your account is up to date and, if you have a Fixed Term Agreement, it has include a variation of Fees in the case of a transfer of Membership); or
more than 2 weeks left. In any 12 month period you may freeze your you become entitled to cancel under consumer laws.
(iv)
Membership 2 times for up to 3 months for both periods combined.
(b) When prior notice is required
9.2 We may agree to freeze your Membership for more than the period noted
You may cancel by giving us 30 days written notice if you relocate more than 15
in clause 9.1 for travel, medical or hardship reasons but you must give us
km from a Club and you give us proof to our reasonable satisfaction.
proof (such as supporting documents) to our reasonable satisfaction.
(c) Applicable Fees
9.3 The Freeze Fee usually applies during any freeze period.
If you cancel your Membership under clause 10.5(a) or (b), you will be liable for
9.4 While your Membership is frozen, the Minimum Term will be extended for
Fees incurred, i.e. your Membership Fees for the time you were a Member
the same time as the freeze period. Direct debit payments that fall in the
(calculated on a pro rata basis), the Joining Fee, the Fob Key Fee and Fees for
freeze period will also be frozen (except the Freeze Fee).
services already supplied. These Fees are not refundable except in very limited
10. WHEN YOU CAN END THIS AGREEMENT circumstances related to clauses 10.5(a) (i) and (iv).
10.1 Notice 11. WHEN WE CAN END THIS AGREEMENT
If you need to notify or tell us anything in writing under this clause: In addition to our other rights under this Agreement, we may cancel your
11.1
(a) you can give this to us in person, by e mail or post; Membership if you breach any obligation under this Agreement that can’t be
it would be useful (but not required) if you complete any standard fixed or if you breach an obligation that can be fixed but you do not fix it in a
(b)
documentation we may have such as a cancellation form and provide your reasonable time.
Membership number (if you know it); 11.2 If we cancel your Membership under clause 11.1, you will be liable for Fees
if you do not use our standard documentation, your notice must include incurred, i.e. your Membership Fees for the time you were a Member (calculated
(c)
your name, Club, address, phone, email, ID details and signature and explain on a pro rata basis), the Joining Fee, the Fob Key Fee and Fees for services
why you wish to cancel; and already supplied. We may also charge a Cancellation Fee and recover costs, loss
or damages caused by your breach.
(d) you must also attach any required proof such as a medical certificate.
11.3 You promise you are not bankrupt or insolvent and are able to pay applicable
10.2 Cancelling your Membership on or after end of the Minimum Term Fees at the time of signing. You agree that you will tell us promptly if you believe
(a) If this is a Fixed Term Agreement, you do not need to do anything, as your you will be unable to pay your Membership Fees for an extended period. We may
Membership will end when the Minimum Term ends. We may contact you cancel your Membership if you become bankrupt or insolvent.
before your Agreement ends to discuss renewal. If you chose to renew your
11.4 If we cancel your Membership under clause 11.3 you will be liable for Fees
Membership or sign a new agreement before the Minimum Term ends, a
incurred, i.e. your Membership Fees for the time you were a Member (calculated
Joining Fee will not apply.
on a pro rata basis), the Joining Fee, the Fob Key Fee and Fees for services
(b) If this is an Ongoing Agreement, it will continue after the Minimum Term already supplied.
unless you tell us in writing at any time (but at least 30 days) before the end
12. FEES
of the Minimum Term that you wish to cancel your Membership. If you tell
us before the end of the Minimum Term but it is less than 30 days before, 12.1 General
your Membership will continue for another 30 days before it ends. (a) The Fees you have to pay are set out in the Details. Some rights and obligations
If this is an Ongoing Agreement and it has continued beyond the Minimum that apply in relation to particular Fees are set out in this clause.
(c)
Term, you can cancel any time by giving us at least 30 days prior written (b) If you do not make any payment when it is due, your Membership may be
notice. suspended and you could be refused access to Clubs and to Facilities and Services
until all outstanding amounts have been paid.

(c) Your Membership may also be terminated if any Fees remain unpaid for an
extended period. You will still be liable for all unpaid amounts. A Cancellation Fee
may also apply.
12.2 Joining Fee 13.2 Authority to deduct Fees

We will charge you the Joining Fee to cover the set up costs for your By nominating a credit or debit account, you authorise our Biller, to deduct from
Membership. This is not refundable except in very limited circumstances that account all Fees and other charges you are responsible for under this
related to clauses 3 and 10.5(a) (i) and (iv). Agreement. You must keep your account details up to date.

12.3 Pro-Rata Fee 13.3 Late or rejected direct debit payments (Also see clause 12.7)

If you pay by direct debit and your Start Date begins after the first day of (a) You must ensure there is enough money in your nominated account on the usual
the relevant Direct Debit Payment Period, you will only be charged the payment, or the next working day if that falls on a day when banks do not process
applicable portion of the Direct Debit Amount. The same applies if you payments.
have a Fixed Term Agreement and the Direct Debit Payment Period ends (b) If there is not enough money in your nominated account on the usual payment day,
after the last day of the Agreement. or there is another reason that your account was unable to be debited (except one
12.4 Fob Key Fee within the Biller’s control), you will be charged the Biller’s Administration Fee. This
will be added to your next debit amount. Prior arrears may also be included.
This is the Fee charged to buy a Fob Key. This is not refundable except in
very limited circumstances related to clauses 3 and 10.5(a) (i) and (iv). If (c) You authorise our Biller to deduct any unpaid arrears outstanding on your account.
you need a replacement Fob Key, a Replacement Fob Key Fee will apply. (d) Your bank or credit provider may charge you a fee for overdrawing your account if
12.5 Membership Fees you do not have enough money in your account when payment is due.
(a) If this is a Fixed Term Agreement you can pre-pay your Membership Fees 14. OTHER SERVICES
(pay them up front) when you sign this Agreement, or you can elect to pay 14.1 There may be other services, including personal training services, offered at Clubs
by equal periodic instalments provided this option is available in our Club. by us, contractors, licensees and others which are offered separately and/or in
(b) If this is an Ongoing Agreement, you must pay Membership Fees addition to services provided under this Agreement. You will need to pay applicable
periodically in advance until your Agreement ends. fees directly to the providers of the services and agree to separate terms and
conditions.
12.6 Cancellation Fee
14.2 We are not responsible for these third party provided services including fees or any
(a) A Cancellation Fee is payable if you want to cancel your Membership for
associated costs claims or refunds, unless they are provided by us.
your convenience in the Minimum Term. It is an amount equal to 50% of
the balance of your Membership Fees for remainder of the Minimum 15. CHANGES TO YOUR AGREEMENT
Term or a sum equal to 30 days Membership Fees (whatever is the higher). 15.1 We may sometimes make changes to this Agreement, including our Club Rules. If
(b) A Cancellation Fee may (at our reasonable discretion) also be payable by we do this, we will try to do this fairly and by giving you a chance to cancel your
you if your Membership is ended by us under clause 5.9, clause 11.1 or Membership if you are adversely affected by the change and do not agree to it.
clause 12.1(c). 15.2 We will make reasonable efforts to tell you of any change in advance and when it
12.7 If you do not pay a Fee when due will take effect. Subject to other Terms, the effective date will generally be at least
30 days from the date we tell you about the change unless it is not practical for us
(a) If you do not pay a Fee or other amount you owe when due, we can
to tell you at this time. Your Membership will be amended from the effective date.
suspend your Membership until all amounts have been paid. This is in
addition to our other rights under this Agreement, including those under 15.3 You cannot cancel under this clause in the case of a transfer of your Membership
clause 11.1. Other consequences may also apply with respect to late or or if we have to make the change to comply with a law or a direction of a relevant
rejected direct debit payments (see clause 13.3). authority.

(b) Fees and charges continue to accrue during a suspension under clause 16. OUR LIABILITY TO YOU
12.7(a). 16.1 Statutory guarantees
12.8 Fee increases (a) Under the ACL we guarantee that the services we supply:
(a) During the Minimum Term: (i) are provided with due care and skill;
(i) your Membership Fees will not be increased (except in the case of a are reasonably fit for any purpose you have told us you are using the services for
(ii)
transfer of your Membership (see clause 12.8 (c)); or told us you wish to achieve; and/or
(ii) other Fees may, however, be varied. (iii) are supplied in a reasonable time.
(b) After the Minimum Term, all Fees may be increased. (b) Under certain legislative provisions, however, we can ask you to accept some
(c) If your Membership is transferred to another Club, your Membership Fees limitations to the ACL guarantees.
(and other Fees) may be varied to reflect those which are applicable at the (c) If you sign this Agreement, you agree, to the extent allowed by section 139A of the
other Club even if your Membership is transferred in the Minimum Term. CCA, to exclude or modify our liability to you for death or injury from our failure to
(d) We will make reasonable efforts to tell you of any Fee changes. comply with ACL guarantees.

If your Fees are varied, you authorise any debits from your nominated (d) This exclusion does not apply if your death or injury is caused by our “reckless
(e)
account to also be varied. conduct” (as defined in the CCA).

12.9 Refunds and the Credit Code 16.2 State based notices: Victoria Only

We can deduct all Fees and charges that you must pay under this The ACL Exclusion Notice: “Warning Under the ACL and Fair Trading Act 2012”
Agreement from any refund we give you. applies if attached to this Agreement and signed by you.

13. DIRECT DEBIT 16.3 Other implied terms

13.1 Direct Debit Payment Agreement Nothing in this Agreement excludes, restricts or modifies any terms, conditions,
(a) warranties, guarantees, rights or remedies which cannot lawfully be excluded,
If you pay any Fees, including ongoing Membership Fees, by direct debit,
restricted or modified. Otherwise, unless expressly included in this Agreement, all
then this will be through our Biller (not us).
implied terms, conditions, warranties, guarantees, rights or remedies that can be
(b) You will be provided with a copy of Direct Debit Payment Agreement of lawfully excluded are excluded. In particular, but subject to clause 16.1 and 16.2,
the Biller which applies to any direct debit services. The Direct Debit we are not liable for death or injury caused by our negligence or breach of implied
Payment Agreement, which we are not a party to, is entirely separate to terms that services will be provided with reasonable care and skill at common law.
this Agreement. This does not exclude our liability for reckless conduct.
16.4 Loss of property 19.2 If you are uncomfortable about approaching, or do not wish to approach
You promise not to unnecessarily bring valuables into a Club and agree that Club staff, or are not happy with the response given, you may send a
it is not the obligation of the Club to look after unattended property. complaint to the head office of Anytime Australia by e mail to
[email protected].
17. YOUR RESPONSIBILITY FOR DAMAGE
19.3 Complaints will be dealt with in accordance with the Anytime Fitness
You agree to pay for any loss or damage to the Club or the Facilities and
complaints policy.
Services caused by you or your guests through a wilful, wrongful or
negligent act or as a result of your, or their, breach of this Agreement. 20. GENERAL LEGAL MATTERS

18. CLUB CLOSURES 20.1 Unexpected events

(a) We may need to close our Club for a period of time, for example, due to an We are not responsible if Members cannot use our Club because of an
emergency, or if required by a court order or by law. event caused by a natural force (such as a fire or a flood) or a road or
building closure or something similar beyond our reasonable control. If this
(b) We may close our Club up to 14 days in any 30 day period under clause
continues for more than 30 days, then either you or we may cancel this
18(a) and keep charging Membership Fees.
Agreement immediately by written notice. No Fee will apply.
(c) If we close the Club for between 15 and 30 days under clause 18(a) in any
20.2 Severability
30 day period, clause 18(e) applies.
If a court decides that any part of this Agreement is or becomes illegal,
(d) We may also close the Club for up to 30 consecutive days if it is being
void or unenforceable, that part is deleted and this does not invalidate the
refurbished or relocated.
rest of this Agreement.
(e) If we close the Club under clause 18(c) or 18(d) we may keep charging
20.3 Waiver
Membership Fees if you are able and willing to use another Club. If you are
not able or willing to use another Club we will freeze your Membership at If we do not enforce our rights under this Agreement at any time, it does
no cost to you and extend your Agreement for a time equal to the closed not mean that we may not do so in future.
period. 20.4 Entire agreement

(f) We will try, but cannot promise we will be able, to tell you about any Club You agree that we have not made any representations or promises that
closures in advance. you have relied that are not in this Agreement.

19. COMPLAINTS AND FEEDBACK 20.5 Applicable law

19.1 If you have any concerns about the Facilities and Services or anything else The law of the state/territory set out in the Details applies to this
in relation to your Membership, you should first raise it with Club staff. Agreement.

To view these terms online, please visit www.anytimefitness.com.au/membershipagreement

-END-
[email protected] MEMBER COPY (Page 1)

Membership Agreement - ACT

IMPORTANT NOTICE
The Anytime Fitness® chain comprises a network of independently owned and operated fitness Clubs, including our Club.
This is an Agreement under which you agree to become a Member. It is made up of this Important Notice, the Details section, the
attached Terms and any other document attached or referred to including our Club Rules, our privacy policy and the Special Conditions for
16-17 Year Olds (if applicable).

When you sign this Agreement you are entering into a legally binding contract with us.
This Agreement sets out your rights to use our Facilities and Services and the responsibilities you have as a Member. These responsibilities,
including payment of Membership Fees, do not depend on how often you use our Facilities and Services.
What is set out in this Agreement overrides any statements made by you or us before you sign it so you should read through it fully to
make sure it reflects your expectations. If you are unsure whether any particular statements that you have relied on are part of this
Agreement, or if you have any queries regarding this Agreement, please ask us before you sign.
Words in Bold type and capitalised first letters are defined in clause 1 of the attached Terms.

THIS AGREEMENT IS SUBJECT TO A 7 DAY COOLING OFF PERIOD

TYPE OF AGREEMENT
You must choose the type of agreement you wish to have by ticking and initialing the relevant box below:
Fixed Term Agreement: A Fixed Term Agreement ends when the Minimum Term ends. You will need a new agreement if you want to
keep using Facilities and Services after this and a new joining fee may apply. If you opt for a Fixed Term Agreement we may require that
you pre-pay the Membership Fees for the whole Agreement.
Your initials
Direct Debit Information: If an automatic direct debit arrangement is in place, your Membership Fees will continue to be debited from your account
until you or we cancel the arrangement by advising your bank or credit provider. If you end this Agreement or stop the automatic debit arrangement in
a way not described in this Agreement, you may be liable for damages for breach of contract. You should, however, cancel any direct debit
authorisation when your Agreement lawfully ends.

SUMMARY OF SOME KEY TERMS

Some of the key terms of this Agreement are summarised below. You must refer to the noted clause or provision for full details:
Cooling Off: You can cancel this Agreement within 7 days from the Start Date by giving us written notice. (see Details and clause 3).
Your Safety: You agree to give us all relevant health and fitness information before or during any exercise. Each time you use the Facilities and Services,
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 seek
medical guidance. (see clause 5).
Access and Reciprocity: When you join our Club you can access and use our Club and our Facilities and Services. After the first 31 days, you will also be
able to access and use all other Clubs (see clause 2).
Membership Transfer and Assignment of this Agreement: As a broad rule, if you use another Club more than our Club, (using the criteria set out in this
Agreement) your Membership and this Agreement will be transferred from our Club to the Club you visit the most. If this happens, the Fees, including your
Membership Fees, may change (see clause 8).
Putting Your Membership On Hold: In any 12 month period you can usually ‘freeze’ your Agreement twice for up to 3 months for both periods combined.
If we agree, you may freeze your Agreement more than this for travel, medical or hardship reasons but must give us proof. A minimum freeze period may
apply and a weekly Freeze Fee may also be charged. Your Membership will usually be extended by the period your Agreement is frozen for (see clause 9).
Cancelling in the Minimum Term for Medical Reasons: You can cancel your Membership in the Minimum Term if you contract a serious illness or a
permanent physical incapacity which is confirmed by a doctor we reasonably agree to and you pay the Administration Fee which is the same as your
Membership Fees for 30 days (see clause 10).
Cancelling in the Minimum Term for Other Reasons: You can cancel for your convenience if you pay the Cancellation Fee which is the higher of 50% of the
balance due for the Minimum Term or a sum equal to 30 days Membership Fees (see clause 10). You can also cancel on notice of 30 days if you relocate
more than 15 km away from any Club and give us proof (see clause 10).

Cancelling an Ongoing Agreement After the Minimum Term: You may cancel on 14 days written notice (see clause 10).

Not Enough Money in Account When Fees Are Due: Your bank or credit provider may charge you a fee for overdrawing your account. Our third-party Biller
also charges the Biller's Administration Fee. (see the Details and clause 13).
Your initials
 CLUB COPY (Page 1)

Membership Agreement - ACT

IMPORTANT NOTICE
The Anytime Fitness® chain comprises a network of independently owned and operated fitness Clubs, including our Club.
This is an Agreement under which you agree to become a Member. It is made up of this Important Notice, the Details section, the
attached Terms and any other document attached or referred to including our Club Rules, our privacy policy and the Special Conditions for
16-17 Year Olds (if applicable).

When you sign this Agreement you are entering into a legally binding contract with us.
This Agreement sets out your rights to use our Facilities and Services and the responsibilities you have as a Member. These responsibilities,
including payment of Membership Fees, do not depend on how often you use our Facilities and Services.
What is set out in this Agreement overrides any statements made by you or us before you sign it so you should read through it fully to
make sure it reflects your expectations. If you are unsure whether any particular statements that you have relied on are part of this
Agreement, or if you have any queries regarding this Agreement, please ask us before you sign.
Words in Bold type and capitalised first letters are defined in clause 1 of the attached Terms.

THIS AGREEMENT IS SUBJECT TO A 7 DAY COOLING OFF PERIOD

TYPE OF AGREEMENT
You must choose the type of agreement you wish to have by ticking and initialing the relevant box below:
Fixed Term Agreement: A Fixed Term Agreement ends when the Minimum Term ends. You will need a new agreement if you want to
keep using Facilities and Services after this and a new joining fee may apply. If you opt for a Fixed Term Agreement we may require that
you pre-pay the Membership Fees for the whole Agreement.
Your initials
Direct Debit Information: If an automatic direct debit arrangement is in place, your Membership Fees will continue to be debited from your account
until you or we cancel the arrangement by advising your bank or credit provider. If you end this Agreement or stop the automatic debit arrangement in
a way not described in this Agreement, you may be liable for damages for breach of contract. You should, however, cancel any direct debit
authorisation when your Agreement lawfully ends.

SUMMARY OF SOME KEY TERMS

Some of the key terms of this Agreement are summarised below. You must refer to the noted clause or provision for full details:
Cooling Off: You can cancel this Agreement within 7 days from the Start Date by giving us written notice. (see Details and clause 3).
Your Safety: You agree to give us all relevant health and fitness information before or during any exercise. Each time you use the Facilities and Services,
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 seek
medical guidance. (see clause 5).
Access and Reciprocity: When you join our Club you can access and use our Club and our Facilities and Services. After the first 31 days, you will also be
able to access and use all other Clubs (see clause 2).
Membership Transfer and Assignment of this Agreement: As a broad rule, if you use another Club more than our Club, (using the criteria set out in this
Agreement) your Membership and this Agreement will be transferred from our Club to the Club you visit the most. If this happens, the Fees, including your
Membership Fees, may change (see clause 8).
Putting Your Membership On Hold: In any 12 month period you can usually ‘freeze’ your Agreement twice for up to 3 months for both periods combined.
If we agree, you may freeze your Agreement more than this for travel, medical or hardship reasons but must give us proof. A minimum freeze period may
apply and a weekly Freeze Fee may also be charged. Your Membership will usually be extended by the period your Agreement is frozen for (see clause 9).
Cancelling in the Minimum Term for Medical Reasons: You can cancel your Membership in the Minimum Term if you contract a serious illness or a
permanent physical incapacity which is confirmed by a doctor we reasonably agree to and you pay the Administration Fee which is the same as your
Membership Fees for 30 days (see clause 10).
Cancelling in the Minimum Term for Other Reasons: You can cancel for your convenience if you pay the Cancellation Fee which is the higher of 50% of the
balance due for the Minimum Term or a sum equal to 30 days Membership Fees (see clause 10). You can also cancel on notice of 30 days if you relocate
more than 15 km away from any Club and give us proof (see clause 10).

Cancelling an Ongoing Agreement After the Minimum Term: You may cancel on 14 days written notice (see clause 10).
Not Enough Money in Account When Fees Are Due: Your bank or credit provider may charge you a fee for overdrawing your account. Our third-party Biller
also charges the Biller's Administration Fee. (see the Details and clause 13).

Your initials
 MEMBER COPY (Page 2)

DETAILS
Anytime Fitness Club Company Name ABN/ACN
“Us” “Our”
Trading Name

Address State
E Mail

Member Name ID (eg. Licence)

"You" "Your"
Address

E Mail Phone

Birth Date Gender

Emergency Contact Phone

Minimum Term
Start Date If our Club is open, the date you sign this Agreement (unless we agree to a later date). Otherwise, the date our Club
opens - provided we have given you prior notice of that date. If we have not given you prior notice, the Start Date is
the day you are notified that our Club has opened.

Cooling Off End 7 days after the Start Date (ending at 11.59 pm on that day)

Fees Membership Fee for Minimum Term $

Other Joining Fee $
Fob Key Fee $
Other $
Total Fees Payable for the Minimum Term $

Other Fees Administration Fee A sum equal to 30 days Membership Fees

Cancellation Fee The higher of 50% of the balance due for the Minimum
Term or a sum equal to 30 days Membership Fees
Billers Administration Fee $7.50
Freeze Fee (per week) $2.50 (Maximum)
Guest Fee (per visit) $30 (Maximum)
Pro Rata Fee (initial) $
Pro Rata Fee (at Agreement end) $
Tailgate Fee $60 (Maximum)
Other - eg exercise consultation $

Payment of Membership
Upfront pre-payment for Minimum Term Periodic payment by direct debit
Fees (Please choose)
Direct Debit Payment
Each fortnight - in advance (subject to availability) Each month (in advance)
Period (Please choose)
Direct Debit Amount (May vary on
$ Each fortnight (subject to availability) $ Each month
Membership transfer or after Minimum Term)

SIGNING PART
I/we have read through this Agreement in full and understand my/our obligations under it.

By signing here, I/we agree to be bound by the provisions of this Agreement.

16 and 17 Year Olds: You may join some "Approved Clubs" as long as you agree to follow the Special Conditions for 16-17 Year Olds. You promise you
have read and understand these and will act in accordance with them. Your parent or guardian must also co-sign this Agreement, your Pre-Exercise
Questionnaire and the Special Conditions for 16-17 Year Olds.

Member signature Date

By co-signing below, the parent or guardian of a 16 or 17 year old agrees to this Agreement, agrees to accept personal responsibility to ensure the 16 or 17 year
old complies with it, and also agrees to rectify any failure of the 16 or 17 year old to comply with it.

Parent/guardian signature Date

Name and ID Relationship

Office Use Only
All signing persons have read through Agreement Pre-Exercise Questionnaire completed 16-17 year old requirements completed (if applicable)

ID Shown and Details have been completed Acknowledgement signed for ACT Orientation completed
 CLUB COPY (Page 2)

DETAILS
Anytime Fitness Club Company Name ABN/ACN
“Us” “Our”
Trading Name

Address State
E Mail

Member Name ID (eg. Licence)

"You" "Your"
Address

E Mail Phone

Birth Date Gender

Emergency Contact Phone

Minimum Term
Start Date If our Club is open, the date you sign this Agreement (unless we agree to a later date). Otherwise, the date our Club
opens - provided we have given you prior notice of that date. If we have not given you prior notice, the Start Date is
the day you are notified that our Club has opened.

Cooling Off End 7 days after the Start Date (ending at 11.59 pm on that day)

Fees Membership Fee for Minimum Term $

Other Joining Fee $
Fob Key Fee $
Other $
Total Fees Payable for the Minimum Term $

Other Fees Administration Fee A sum equal to 30 days Membership Fees

Cancellation Fee The higher of 50% of the balance due for the Minimum
Term or a sum equal to 30 days Membership Fees
Billers Administration Fee $7.50
Freeze Fee (per week) $2.50 (Maximum)
Guest Fee (per visit) $30 (Maximum)
Pro Rata Fee (initial) $
Pro Rata Fee (at Agreement end) $
Tailgate Fee $60 (Maximum)
Other - eg exercise consultation $

Payment of Membership
Upfront pre-payment for Minimum Term Periodic payment by direct debit
Fees (Please choose)
Direct Debit Payment
Each fortnight - in advance (subject to availability) Each month (in advance)
Period (Please choose)
Direct Debit Amount (May vary on
$ Each fortnight (subject to availability) $ Each month
Membership transfer or after Minimum Term)

SIGNING PART
I/we have read through this Agreement in full and understand my/our obligations under it.

By signing here, I/we agree to be bound by the provisions of this Agreement.

16 and 17 Year Olds: You may join some "Approved Clubs" as long as you agree to follow the Special Conditions for 16-17 Year Olds. You promise you
have read and understand these and will act in accordance with them. Your parent or guardian must also co-sign this Agreement, your Pre-Exercise
Questionnaire and the Special Conditions for 16-17 Year Olds.

Member signature Date

By co-signing below, the parent or guardian of a 16 or 17 year old agrees to this Agreement, agrees to accept personal responsibility to ensure the 16 or 17 year
old complies with it, and also agrees to rectify any failure of the 16 or 17 year old to comply with it.

Parent/guardian signature Date

Name and ID Relationship

Office Use Only
All signing persons have read through Agreement Pre-Exercise Questionnaire completed 16-17 year old requirements completed (if applicable)

ID Shown and Details have been completed Acknowledgement signed for ACT Orientation completed
 TERMS

1. Replacement Fob Fee: the amount payable under clause 5.2(d) as set out in the
DEFINITIONS
Details.
Administration Fee: the Fee payable under clause 10.3 (b) as set out in the
Start Date: when this Agreement starts as set out in the Details.
Details.
Special Conditions for 16-17 Year Olds: the special conditions set out in the
Agreement: this Agreement as described in the Important Notice.
document headed “Special Conditions for 16-17 Year Olds” and referred to in
Anytime Australia: Anytime Australia Pty Ltd, ACN 131 035 491, which is the
clause 4.
Australian Anytime Fitness franchisor.
Staffed Hours: the times a Club is staffed. These times may not be fixed and will
Anytime Fitness LLC: Anytime Fitness LLC of Minnesota USA which owns the
also vary from Club to Club.
Anytime Fitness system, trademark and other intellectual property.
Tailgate Fee: the Fee you will be charged if you allow another person to access a
Approved Club: a Club that has been approved by Anytime Australia to offer
Club without permission.
memberships to 16 and 17 year olds.
Terms: the part of this Agreement described as the “Terms”.
ACL: means the Australian Consumer Law in the CCA.
2. JOINING, ACCESS AND RECIPROCITY
Biller: Our third party biller, Debitsuccess Pty Ltd, A.B.N 32 095 551 85.
2.1 When you join our Club, you will need to give us information noted in the
Biller’s Administration Fee: the Fee charged by the Biller under clause 13.3(b) as
Details and provide us with photographic identification. If you join under a
set out in the Details.
particular offer, such as a corporate offer, you will also need to give us proof
Cancellation Fee: the Fee payable under clause 12.6 as set out in the Details. that you are eligible for that offer.
CCA: the Competition and Consumer Act 2010 (Cth). 2.2 On joining we will give you a Fob Key or access card that will let you access and
Club: an Anytime Fitness club. use our Club and the Facilities and Services.

Club Rules: the rules that are referred to in clause 5.6. 2.3 After the first 31 days, you will also be able to access and use all other Clubs
under the provisions of this Agreement provided that you continue to be a
Details: the part of this Agreement described as the “Details”.
Member and your Membership has not been suspended.
Direct Debit Amount: what you agree to pay by direct debit each Direct Debit
3. COOLING OFF
Payment Period as set out in the Details.
3.1 If you change your mind after joining, you have 7 days to cool off or cancel your
Direct Debit Payment Agreement: the periodic billing agreement you enter into
Membership starting on the Start Date. To be effective, you must let us know in
with our third party Biller for periodic billing services.
writing at any time during this 7 day cooling off period. Your written
Direct Debit Payment Period: the frequency of your direct debit payments as set cancellation can be given to us personally, by post or by e mail.
out in the Details.
3.2 If you cancel your Membership under clause 3.1, we will charge you the Fob
Essential Term: a term of this Agreement that is so important you would not Key Fee and fees for any services or products already supplied but the Joining
have signed the Agreement without it, for example, a requirement that the Fee and Membership Fees will be refunded.
Facilities and Services are available 24 hours a day 7 days a week (subject to
4. MINIMUM AGE
clause 18, clause 20.1 and the Special Conditions for 16 and 17 Year Olds). If
there is a disagreement as to whether a term is an Essential Term, the matter 4.1 For safety and security reasons you must be at least 18 years old to become a
will be reasonably determined by Anytime Australia. Member. 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
Facilities and Services: includes Club premises and all exercise areas, bath
are for your protection), you may join us if we are an Approved Club.
rooms, equipment, weights, benches, machines, mats and any programs,
products, classes and services that you may use (excluding services referred to in 4.2 Your Membership may be immediately cancelled if you break one of the Special
clause 14). Conditions for 16-17 Year Olds.

Fees: fees that apply under this Agreement as set out in the Details and referred 5. HEALTH AND SAFETY AND ACCEPTABLE CONDUCT
to in clause 12. 5.1 Your physical condition
Fixed Term Agreement: an agreement which automatically ends at the end of (a) When you sign this Agreement and each time you use the Facilities and
the Minimum Term. Services, you must ensure you are in good physical condition and know of no
Fob Key: the access key that allows you to access Clubs. medical or other reason why you should not exercise. If unsure, you should not
use the Facilities and Services until you have sought appropriate medical
Fob Key Fee: the Fee payable under clause 12.4 as set out in the Details.
guidance and been given the go-ahead.
Guest Fee: the Fee payable under clause 5.5 as set out in the Details.
(b) You agree to give us all relevant personal health and fitness information both
Important Notice: the part of this Agreement described as this. before and during the course of any exercise program or other activity. You also
Joining Fee: the Fee payable under clause 12.2 as set out in the Details. agree to complete our Pre-Exercise Questionnaire. In some cases, responses
you give will require that you get medical guidance before exercising. You
Member: a Club member.
acknowledge that pre-exercise or other screening is no substitute for medical
Membership: another word used to refer to this Agreement. advice and does not guarantee against injury or death.
Membership Fees: the Fees you pay to access the Facilities and Services as (c) You promise that information you give us will be true and accurate and not
referred to under clause 12 and set out in the Details. misleading in any way.
Minimum Age: the minimum age to become a Member and use the Facilities (d) You must not use the Facilities and Services if you are suffering from any illness,
and Services and referred to in clause 4. disease, injury or other condition that could be a risk to your health or safety or
Minimum Term: the minimum term as set out in the Details. that of other Members and others.
Ongoing Agreement: an agreement that continues on an ongoing basis after the (e) We may suspend or cancel your Membership if we have reason to suspect that
Minimum Term until terminated under clause 10. you have not complied with clause 5.1.
Pre-Exercise Questionnaire: the questionnaire or other screening we may
require you to answer before using the Facilities and Services.
Pro Rata Fee: the Fee/s that may be applicable under clause 12.3 and set out in
the Details.
5.2 Your Fob Key 6.2 Emergencies
(a) You will need your Fob Key (or access card) to access Clubs and must swipe this (a) Clubs have an emergency phone, panic buttons and security lanyards for safety
each time you use the Facilities and Services. and security reasons and to alert a security company in emergencies, for example,
(b) If you lose or forget your Fob Key (or access card) you may access a Club during if you are, or feel, threatened or need medical help. You must understand how
Staffed Hours if you show photo ID to Club staff but this will be at the emergency apparatus works and agree to use it only in an emergency.
discretion of the Club. You should not ask or expect another person to let you (b) If you deliberately use emergency apparatus inappropriately, you agree to pay for
into a Club at any time. any costs, loss or damages incurred because of this inappropriate use.
(c) You must not let anyone else into a Club without the approval of Club staff or (c) Clubs may also have an emergency or crisis response procedure displayed which
let anyone else use your Fob Key (or access card). If you break this term, you must be followed in emergencies.
may be charged the Tailgate Fee and/or your Membership may be suspended Be cautious
6.3
or cancelled.
You must be cautious when entering, leaving a Club and using the Club and you
(d) If your Fob Key (or access card) is lost or stolen you must let us know must wear security lanyards when appropriate, for example, if exercising alone or
immediately and get a replacement in 14 days or you may be refused Club outside Staffed Hours.
access. A Replacement Fob Key Fee will apply.
6.4 Following Directions
5.3 Orientation
You agree to follow any reasonable direction of Club staff relating to health,
You may be required to participate in a Member orientation to familiarise you safety or security matters or related matters.
with the Facilities and Services before you use them.
7. PRIVACY
5.4 Proper use of equipment
7.1 Your personal information
You promise to take care to use the Facilities and Services safely and properly.
From when you apply for Membership, you will need to provide us with, and we
If you are ever not sure how to operate any equipment properly, you must ask
will have access to personal information about you, including information relating
Club staff before you use it.
to your health and finances. Your personal information may be:
5.5 Guests
(a) transferred to and stored out of Australia, including to a country that does not
You may bring a guest into a Club but only if they register with Club staff, pay a have the same level of privacy protection as Australia; and
Guest Fee and meet our other reasonable conditions. For example, they will
(b) disclosed to and used by other Clubs, including overseas Clubs, for the purpose of
need to be the Minimum Age, show photo ID, complete the Pre-Exercise
allowing you access to Clubs and providing services to you (for example so that we
Questionnaire and other standard forms.
can confirm your Membership if you visit our global facilities).
5.6 Club Rules
7.2 General consent
(a) Club Rules apply to everyone using the Facilities and Services. They are usually
By signing this Agreement, you consent to us collecting, using, disclosing and
displayed in the Club.
dealing with your personal information in accordance with our privacy policy. In
(b) Club Rules form part of this Agreement so you must make sure you read, particular, you consent to the transfer and storage of your personal information
understand and follow them at all times. outside Australia, and to the disclosure and use of your personal information to
(c) If you break any of the Club Rules we will respond in a way we consider fair other Clubs inside and outside Australia. You can access our privacy policy at
and appropriate. For example, in less serious cases, we may give you a warning www.anytimefitness.com.au/privacy.
but in serious cases or where you have repeatedly broken Club Rules we may Up to date contact information
7.3
suspend or cancel your Membership. If your breach causes us or another
You must tell us promptly if you change your contact or payment details or if there
person costs, loss or damages, you agree to pay for these.
is a change to other relevant personal information, including anything that may
5.7 Illegal performance enhancing or other illicit substances affect health or safety.
You acknowledge that the distribution or use of illegal or performance 7.4 Consent to use your image
enhancing drugs is prohibited and promise that you will not use or distribute
You understand that photos, films, videos or audio recordings are sometimes
these substances in or near a Club.
taken of Members for promotional purposes. Your permission will first be
5.8 Commercial activity obtained if this is done. By signing this Agreement, you agree to allow your image,
You acknowledge that engaging in any commercial or business activities in the recording or likeness to be used for any legitimate purpose by us or by Anytime
Club, such as offering training services or selling goods in the Club is prohibited Australia and you assign your rights in any of these materials to Anytime Fitness
unless we grant you written permission to do so. If we do give you written LLC.
permission, we can revoke this at any time. Other
7.5
5.9 Action for risky or inappropriate conduct (a) As noted in clause 6.1, CCTV camera recording is used in Clubs (except in
If you behave in a risky or seriously inappropriate way, for example, if you bathrooms).
threaten or harass others, damage equipment, distribute or use illicit (b) Members and guests are not allowed to take photos and/or videos in Clubs unless
substances, or train other Members without our authorisation, appropriate specific permission is granted by the Club.
action will be taken. For example, your Membership may be immediately TRANSFER
8.
suspended or cancelled (with a Cancellation Fee potentially applying), you may
8.1 Your Membership may be transferred to another Club if:
be banned from joining any Club and/or we may refer the matter to
appropriate authorities. If your conduct causes us or another person costs, loss (a) over (2) consecutive 30 day periods you use another Club a minimum of 4 times in
or damages you agree to pay for these. each period AND use that Club more than 50% of the time in each period; OR
6. SECURITY (b) over (3) consecutive 30 day periods, you use another Club at least once in each of
these periods, and 100% of your visits are at the other Club.
6.1 24 Hour CCTV cameras
Club premises have CCTV security cameras recording 24-hours a day (except in
bathrooms) and may have remote video guarding services. This system is used
for security purposes but does not guarantee against harm. You should contact
the Club if you have questions on this.
8.2 If your Membership is transferred to another Club, your Fees, including any 10.3 Cancelling for medical reasons
ongoing Membership Fees, may be varied to reflect the Fees applicable in (a) You can cancel your Membership at any time by telling us in writing if you cannot
the other Club. use the Facilities and Services because you contract a serious illness or a
8.3 If your Membership is transferred to another Club in another state or permanent physical incapacity during the term of your Membership. This must be
country, you may be required to sign a new Agreement compliant with the confirmed in writing by a doctor or other medical professional we reasonably
laws of that state or country. agree to and you agree that we may contact the doctor or other professional for
verification purposes.
8.4 Your Membership may be transferred to another person who is not a
current Member but only if we agree, your account is up to date, and the (b) If you cancel under clause 10.3(a), we can charge you the Administration Fee.
person you transfer to: You will also be liable for Fees incurred, i.e. your Membership Fees for the time
you were a Member (calculated on a pro rata basis), the Joining Fee, the Fob Key
(a) is eligible to become a Member;
Fee and Fees for services already supplied.
(b) is able to take up your Membership (for example, if you have a corporate
10.4 Cancelling for your convenience in the Minimum Term
Membership);
During the Minimum Term, you can cancel your Membership at any time by
(c) signs a new agreement to become a Member for at least the balance of the
telling us in writing and paying a Cancellation Fee.
Minimum Term;
10.5 Other ways you can cancel this Agreement in the Minimum Term
(d) agrees that that the provisions of clause 2 regarding access and reciprocity
will also apply to them; and You can also cancel your Membership in the following ways and without paying a
Cancellation Fee:
(e) pays Membership Fees for at least the balance of the Minimum Term, or
enters into a Direct Debit Payment Agreement if these Fees are to be paid (a) When prior notice is NOT required
periodically by direct debit; and You may cancel without giving us prior notice if:
(f) pays applicable other Fees such as a Fob Key Fee and a Joining Fee. (i) we break an Essential Term and have not fixed this in a reasonable time of you
8.5 If our transfer policy (in clause 8.1) is changed, we will use our reasonable asking us in writing;
efforts to give Members prior notice of the change. (ii) you become bankrupt and give us proof (such as supporting documents) to our
9. PUTTING YOUR MEMBERSHIP ON HOLD reasonable satisfaction;

9.1 You may temporarily suspend or freeze your Membership for any reason if (iii) we change this Agreement in a way that adversely affects you (this does not
your account is up to date and, if you have a Fixed Term Agreement, it has include a variation of Fees in the case of a transfer of Membership); or
more than 2 weeks left. In any 12 month period you may freeze your (iv) you become entitled to cancel under consumer laws.
Membership 2 times for up to 3 months for both periods combined.
(b) When prior notice is required
9.2 We may agree to freeze your Membership for more than the period noted
You may cancel by giving us 30 days written notice if you relocate more than 15
in clause 9.1 for travel, medical or hardship reasons but you must give us
km from a Club and you give us proof to our reasonable satisfaction.
proof (such as supporting documents) to our reasonable satisfaction.
(c) Applicable Fees
9.3 The Freeze Fee usually applies during any freeze period.
If you cancel your Membership under clause 10.5(a) or (b), you will be liable for
9.4 While your Membership is frozen, the Minimum Term will be extended for
Fees incurred, i.e. your Membership Fees for the time you were a Member
the same time as the freeze period. Direct debit payments that fall in the
(calculated on a pro rata basis), the Joining Fee, the Fob Key Fee and Fees for
freeze period will also be frozen (except the Freeze Fee).
services already supplied. These Fees are not refundable except in very limited
10. WHEN YOU CAN END THIS AGREEMENT circumstances related to clauses 10.5(a) (i) and (iv).
10.1 Notice 11. WHEN WE CAN END THIS AGREEMENT
If you need to notify or tell us anything in writing under this clause: 11.1 In addition to our other rights under this Agreement, we may cancel your
(a) you can give this to us in person, by e mail or post; Membership if you breach any obligation under this Agreement that can’t be
fixed or if you breach an obligation that can be fixed but you do not fix it in a
(b) it would be useful (but not required) if you complete any standard
reasonable time.
documentation we may have such as a cancellation form and provide your
Membership number (if you know it); 11.2 If we cancel your Membership under clause 11.1, you will be liable for Fees
incurred, i.e. your Membership Fees for the time you were a Member (calculated
(c) if you do not use our standard documentation, your notice must include
on a pro rata basis), the Joining Fee, the Fob Key Fee and Fees for services
your name, Club, address, phone, email, ID details and signature and explain
already supplied. We may also charge a Cancellation Fee and recover costs, loss
why you wish to cancel; and
or damages caused by your breach.
(d) you must also attach required proof such as a medical certificate.
11.3 You promise you are not bankrupt or insolvent and are able to pay applicable
10.2 Cancelling your Membership on or after end of the Minimum Term Fees at the time of signing. You agree that you will tell us promptly if you believe
(a) If this is a Fixed Term Agreement, you do not need to do anything, as your you will be unable to pay your Membership Fees for an extended period. We may
Membership will end when the Minimum Term ends. We may contact you cancel your Membership if you become bankrupt or insolvent.
before your Agreement ends to discuss renewal. If you chose to renew your 11.4 If we cancel your Membership under clause 11.3 you will be liable for Fees
Membership or sign a new agreement before the Minimum Term ends, a incurred, i.e. your Membership Fees for the time you were a Member (calculated
Joining Fee will not apply. on a pro rata basis), the Joining Fee, the Fob Key Fee and Fees for services
(b) If this is an Ongoing Agreement, it will continue after the Minimum Term already supplied.
unless you tell us in writing at any time (but at least 14 days) before the end 12. FEES
of the Minimum Term that you wish to cancel your Membership. If you tell
12.1 General
us before the end of the Minimum Term but it is less than 14 days before,
your Membership will continue for another 14 days before it ends. (a) The Fees you have to pay are set out in the Details. Some rights and obligations
that apply in relation to particular Fees are set out in this clause.
(c) If this is an Ongoing Agreement and it has continued beyond the Minimum
Term, you can cancel any time by giving us at least 14 days prior written (b) If you do not make any payment when it is due, your Membership may be
notice. suspended and you could be refused access to Clubs and to Facilities and Services
until all outstanding amounts have been paid.
(c) Your Membership may also be terminated if any Fees remain unpaid for an
extended period. You will still be liable for all unpaid amounts. A Cancellation Fee
may also apply.
12.2 Joining Fee 13.2 Authority to deduct Fees

We will charge you the Joining Fee to cover the set up costs for your By nominating a credit or debit account, you authorise our Biller, to deduct from
Membership. This is not refundable except in very limited circumstances that account all Fees and other charges you are responsible for under this
related to clauses 3 and 10.5(a) (i) and (iv). Agreement. You must keep your account details up to date.

12.3 Pro-Rata Fee 13.3 Late or rejected direct debit payments (Also see clause 12.7)

If you pay by direct debit and your Start Date begins after the first day of (a) You must ensure there is enough money in your nominated account on the usual
the relevant Direct Debit Payment Period, you will only be charged the payment, or the next working day if that falls on a day when banks do not process
applicable portion of the Direct Debit Amount. The same applies if you payments.
have a Fixed Term Agreement and the Direct Debit Payment Period ends (b) If there is not enough money in your nominated account on the usual payment day,
after the last day of the Agreement. or there is another reason that your account was unable to be debited (except one
12.4 Fob Key Fee within the Biller’s control), you will be charged the Biller’s Administration Fee. This
will be added to your next debit amount. Prior arrears may also be included.
This is the Fee charged to buy a Fob Key. This is not refundable except in
very limited circumstances related to clauses 3 and 10.5(a) (i) and (iv). If (c) You authorise our Biller to deduct any unpaid arrears outstanding on your account.
you need a replacement Fob Key, a Replacement Fob Key Fee will apply. (d) Your bank or credit provider may charge you a fee for overdrawing your account if
12.5 Membership Fees you do not have enough money in your account when payment is due.
(a) If this is a Fixed Term Agreement you can pre-pay your Membership Fees 14. OTHER SERVICES
(pay them up front) when you sign this Agreement, or you can elect to pay 14.1 There may be other services, including personal training services, offered at Clubs
by equal periodic instalments provided this option is available in our Club. by us, contractors, licensees and others which are offered separately and/or in
(b) If this is an Ongoing Agreement, you must pay Membership Fees addition to services provided under this Agreement. You will need to pay applicable
periodically in advance until your Agreement ends. fees directly to the providers of the services and agree to separate terms and
conditions.
12.6 Cancellation Fee
14.2 We are not responsible for these third party provided services including fees or any
(a) A Cancellation Fee is payable if you want to cancel your Membership for
associated costs claims or refunds, unless they are provided by us.
your convenience in the Minimum Term. It is an amount equal to 50% of
the balance of your Membership Fees for remainder of the Minimum 15. CHANGES TO YOUR AGREEMENT
Term or a sum equal to 30 days Membership Fees (whatever is the 15.1 We may sometimes make changes to this Agreement, including our Club Rules. If
higher). we do this, we will try to do this fairly and by giving you a chance to cancel your
(b) A Cancellation Fee may (at our reasonable discretion) also be payable by Membership if you are adversely affected by the change and do not agree to it.
you if your Membership is ended by us under clause 5.9, clause 11.1 or 15.2 We will make reasonable efforts to tell you of any change in advance and when it
clause 12.1(c). will take effect. Subject to other Terms, the effective date will generally be at least
12.7 If you do not pay a Fee when due 30 days from the date we tell you about the change unless it is not practical for us
to tell you at this time. Your Membership will be amended from the effective date.
(a) If you do not pay a Fee or other amount you owe when due, we can
suspend your Membership until all amounts have been paid. This is in 15.3 You cannot cancel under this clause in the case of a transfer of your Membership
addition to our other rights under this Agreement, including those under or if we have to make the change to comply with a law or a direction of a relevant
clause 11.1. Other consequences may also apply with respect to late or authority.
rejected direct debit payments (see clause 13.3). 16. OUR LIABILITY TO YOU
(b) Fees and charges continue to accrue during a suspension under clause 16.1 Statutory guarantees
12.7(a).
(a) Under the ACL we guarantee that the services we supply:
12.8 Fee increases
(i) are provided with due care and skill;
(a) During the Minimum Term:
(ii) are reasonably fit for any purpose you have told us you are using the services for
(i) your Membership Fees will not be increased (except in the case of a or told us you wish to achieve; and/or
transfer of your Membership (see clause 12.8 (c));
(iii) are supplied in a reasonable time.
(ii) other Fees may, however, be varied.
(b) Under certain legislative provisions, however, we can ask you to accept some
(b) After the Minimum Term, all Fees may be increased. limitations to the ACL guarantees.
(c) If your Membership is transferred to another Club, your Membership (c) If you sign this Agreement, you agree, to the extent allowed by section 139A of the
Fees (and other Fees) may be varied to reflect those which are applicable CCA, to exclude or modify our liability to you for death or injury from our failure to
at the other Club even if your Membership is transferred in the Minimum comply with ACL guarantees.
Term.
(d) This exclusion does not apply if your death or injury is caused by our “reckless
(d) We will make reasonable efforts to tell you of any Fee changes. conduct” (as defined in the CCA).
(e) If your Fees are varied, you authorise any debits from your nominated 16.2 Other implied terms
account to also be varied.
Nothing in this Agreement excludes, restricts or modifies any terms, conditions,
12.9 Refunds and the Credit Code warranties, guarantees, rights or remedies which cannot lawfully be excluded,
We can deduct all Fees and charges that you must pay under this restricted or modified. Otherwise, unless expressly included in this Agreement, all
Agreement from any refund we give you. implied terms, conditions, warranties, guarantees, rights or remedies that can be
lawfully excluded are excluded. In particular, but subject to clause 16.1, we are not
13. DIRECT DEBIT
liable for death or injury caused by our negligence or breach of implied terms that
13.1 Direct Debit Payment Agreement services will be provided with reasonable care and skill at common law. This does
(a) If you pay any Fees, including ongoing Membership Fees, by direct debit, not exclude our liability for reckless conduct.
then this will be through our Biller (not us).

(b) You will be provided with a copy of Direct Debit Payment Agreement of
the Biller which applies to any direct debit services. The Direct Debit
Payment Agreement, which we are not a party to, is entirely separate to
this Agreement.
 19.2 If you are uncomfortable about approaching, or do not wish to approach
16.3 Loss of property
Club staff, or are not happy with the response given, you may send a
You promise not to unnecessarily bring valuables into a Club and agree
complaint to the head office of Anytime Australia by email to
that it is not the obligation of the Club to look after unattended property.
[email protected].
17. YOUR RESPONSIBILITY FOR DAMAGE
19.3 Complaints will be dealt with in accordance with the Anytime Fitness
You agree to pay for any loss or damage to the Club or the Facilities and complaints policy.
Services caused by you or your guests through a wilful, wrongful or 20. GENERAL LEGAL MATTERS
negligent act or as a result of your, or their, breach of this Agreement.
20.1 Unexpected events
18. CLUB CLOSURES
We are not responsible if Members cannot use our Club because of an
(a) We may need to close our Club for a period of time, for example, due to
event caused by a natural force (such as a fire or a flood) or a road or
an emergency, or if required by a court order or by law.
building closure or something similar beyond our reasonable control. If this
(b) We may close our Club up to 14 days in any 30 day period under clause continues for more than 30 days, then either you or we may cancel this
18(a) and keep charging Membership Fees. Agreement immediately by written notice. No Fee will apply.
(c) If we close the Club for between 15 and 30 days under clause 18(a) in any 20.2 Severability
30 day period, clause 18(e) applies.
If a court decides that any part of this Agreement is or becomes illegal,
(d) We may also close the Club for up to 30 consecutive days if it is being void or unenforceable, that part is deleted and this does not invalidate the
refurbished or relocated. rest of this Agreement.
(e) If we close the Club under clause 18(c) or 18(d) we may keep charging 20.3 Waiver
Membership Fees if you are able and willing to use another Club. If you
If we do not enforce our rights under this Agreement at any time, it does
are not able or willing to use another Club we will freeze your
not mean that we may not do so in future.
Membership at no cost to you and extend your Agreement for a time
20.4 Entire Agreement
equal to the closed period.
You agree that we have not made any representations or promises that
(f) We will try, but cannot promise we will be able, to tell you about any Club
you have relied that are not in this Agreement.
closures in advance.
19. 20.5 Applicable law
COMPLAINTS AND FEEDBACK
19.1 The law of the state/territory set out in the Details applies to this
If you have any concerns about the Facilities and Services or anything else
Agreement.
in relation to your Membership, you should first raise it with Club staff.

To view these terms online, please visit www.anytimefitness.com.au/membershipagreement

-END-
 ACKNOWLEDGEMENT UNDER THE ACT FAIR TRADING (FITNESS INDUSTRY) CODE OF
PRACTICE 2009 FOR A PERIODIC BILLING AGREEMENT*

I acknowledge that unless I provide written notice of termination of my Membership prior to

the end of the fixed term of my Periodic Billing Agreement**. I will still be liable for my

Membership Fees until 14 days after I have provided written notice of termination to the

Fitness Centre***. I understand that the Fitness Centre must respond to its receipt of a

written notice within 7 days

Signature Date

* known in this Agreement as an Ongoing Agreement

** known in this Agreement as the Minimum Term

*** known in this Agreement as the Club.

[email protected] MEMBER COPY (Page 1)

Membership Agreement - ACT

IMPORTANT NOTICE
The Anytime Fitness® chain comprises a network of independently owned and operated fitness Clubs, including our Club.
This is an Agreement under which you agree to become a Member. It is made up of this Important Notice, the Details section, the
attached Terms and any other document attached or referred to including our Club Rules, our privacy policy and the Special Conditions for
16-17 Year Olds (if applicable).

When you sign this Agreement you are entering into a legally binding contract with us.
This Agreement sets out your rights to use our Facilities and Services and the responsibilities you have as a Member. These responsibilities,
including payment of Membership Fees, do not depend on how often you use our Facilities and Services.
What is set out in this Agreement overrides any statements made by you or us before you sign it so you should read through it fully to
make sure it reflects your expectations. If you are unsure whether any particular statements that you have relied on are part of this
Agreement, or if you have any queries regarding this Agreement, please ask us before you sign.
Words in Bold type and capitalised first letters are defined in clause 1 of the attached Terms.

THIS AGREEMENT IS SUBJECT TO A 7 DAY COOLING OFF PERIOD

TYPE OF AGREEMENT
You must choose the type of agreement you wish to have by ticking and initialing the relevant box below:
Ongoing Agreement: This Ongoing Agreement or a "Periodic Billing Agreement" continues after the Minimum Term until either you or we
terminate it in the way set out in the Terms. Your Fees may increase after the Minimum Term expires.

Your initials
Direct Debit Information: If an automatic direct debit arrangement is in place, your Membership Fees will continue to be debited from your account
until you or we cancel the arrangement by advising your bank or credit provider. If you end this Agreement or stop the automatic debit arrangement in
a way not described in this Agreement, you may be liable for damages for breach of contract. You should, however, cancel any direct debit
authorisation when your Agreement lawfully ends.

SUMMARY OF SOME KEY TERMS

Some of the key terms of this Agreement are summarised below. You must refer to the noted clause or provision for full details:
Cooling Off: You can cancel this Agreement within 7 days from the Start Date by giving us written notice. (see Details and clause 3).
Your Safety: You agree to give us all relevant health and fitness information before or during any exercise. Each time you use the Facilities and Services,
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 seek
medical guidance. (see clause 5).
Access and Reciprocity: When you join our Club you can access and use our Club and our Facilities and Services. After the first 31 days, you will also be
able to access and use all other Clubs (see clause 2).
Membership Transfer and Assignment of this Agreement: As a broad rule, if you use another Club more than our Club, (using the criteria set out in this
Agreement) your Membership and this Agreement will be transferred from our Club to the Club you visit the most. If this happens, the Fees, including your
Membership Fees, may change (see clause 8).
Putting Your Membership On Hold: In any 12 month period you can usually ‘freeze’ your Agreement twice for up to 3 months for both periods combined.
If we agree, you may freeze your Agreement more than this for travel, medical or hardship reasons but must give us proof. A minimum freeze period may
apply and a weekly Freeze Fee may also be charged. Your Membership will usually be extended by the period your Agreement is frozen for (see clause 9).
Cancelling in the Minimum Term for Medical Reasons: You can cancel your Membership in the Minimum Term if you contract a serious illness or a
permanent physical incapacity which is confirmed by a doctor we reasonably agree to and you pay the Administration Fee which is the same as your
Membership Fees for 30 days (see clause 10).
Cancelling in the Minimum Term for Other Reasons: You can cancel for your convenience if you pay the Cancellation Fee which is the higher of 50% of the
balance due for the Minimum Term or a sum equal to 30 days Membership Fees (see clause 10). You can also cancel on notice of 30 days if you relocate
more than 15 km away from any Club and give us proof (see clause 10).

Cancelling an Ongoing Agreement After the Minimum Term: You may cancel on 14 days written notice (see clause 10).

Not Enough Money in Account When Fees Are Due: Your bank or credit provider may charge you a fee for overdrawing your account. Our third-party Biller
also charges the Biller's Administration Fee. (see the Details and clause 13).
Your initials
 CLUB COPY (Page 1)

Membership Agreement - ACT

IMPORTANT NOTICE
The Anytime Fitness® chain comprises a network of independently owned and operated fitness Clubs, including our Club.
This is an Agreement under which you agree to become a Member. It is made up of this Important Notice, the Details section, the
attached Terms and any other document attached or referred to including our Club Rules, our privacy policy and the Special Conditions for
16-17 Year Olds (if applicable).

When you sign this Agreement you are entering into a legally binding contract with us.
This Agreement sets out your rights to use our Facilities and Services and the responsibilities you have as a Member. These responsibilities,
including payment of Membership Fees, do not depend on how often you use our Facilities and Services.
What is set out in this Agreement overrides any statements made by you or us before you sign it so you should read through it fully to
make sure it reflects your expectations. If you are unsure whether any particular statements that you have relied on are part of this
Agreement, or if you have any queries regarding this Agreement, please ask us before you sign.
Words in Bold type and capitalised first letters are defined in clause 1 of the attached Terms.

THIS AGREEMENT IS SUBJECT TO A 7 DAY COOLING OFF PERIOD

TYPE OF AGREEMENT
You must choose the type of agreement you wish to have by ticking and initialing the relevant box below:
Ongoing Agreement: This Ongoing Agreement or a "Periodic Billing Agreement" continues after the Minimum Term until either you or we
terminate it in the way set out in the Terms. Your Fees may increase after the Minimum Term expires.

Your initials
Direct Debit Information: If an automatic direct debit arrangement is in place, your Membership Fees will continue to be debited from your account
until you or we cancel the arrangement by advising your bank or credit provider. If you end this Agreement or stop the automatic debit arrangement in
a way not described in this Agreement, you may be liable for damages for breach of contract. You should, however, cancel any direct debit
authorisation when your Agreement lawfully ends.

SUMMARY OF SOME KEY TERMS

Some of the key terms of this Agreement are summarised below. You must refer to the noted clause or provision for full details:
Cooling Off: You can cancel this Agreement within 7 days from the Start Date by giving us written notice. (see Details and clause 3).
Your Safety: You agree to give us all relevant health and fitness information before or during any exercise. Each time you use the Facilities and Services,
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 seek
medical guidance. (see clause 5).
Access and Reciprocity: When you join our Club you can access and use our Club and our Facilities and Services. After the first 31 days, you will also be
able to access and use all other Clubs (see clause 2).
Membership Transfer and Assignment of this Agreement: As a broad rule, if you use another Club more than our Club, (using the criteria set out in this
Agreement) your Membership and this Agreement will be transferred from our Club to the Club you visit the most. If this happens, the Fees, including your
Membership Fees, may change (see clause 8).
Putting Your Membership On Hold: In any 12 month period you can usually ‘freeze’ your Agreement twice for up to 3 months for both periods combined.
If we agree, you may freeze your Agreement more than this for travel, medical or hardship reasons but must give us proof. A minimum freeze period may
apply and a weekly Freeze Fee may also be charged. Your Membership will usually be extended by the period your Agreement is frozen for (see clause 9).
Cancelling in the Minimum Term for Medical Reasons: You can cancel your Membership in the Minimum Term if you contract a serious illness or a
permanent physical incapacity which is confirmed by a doctor we reasonably agree to and you pay the Administration Fee which is the same as your
Membership Fees for 30 days (see clause 10).
Cancelling in the Minimum Term for Other Reasons: You can cancel for your convenience if you pay the Cancellation Fee which is the higher of 50% of the
balance due for the Minimum Term or a sum equal to 30 days Membership Fees (see clause 10). You can also cancel on notice of 30 days if you relocate
more than 15 km away from any Club and give us proof (see clause 10).

Cancelling an Ongoing Agreement After the Minimum Term: You may cancel on 14 days written notice (see clause 10).
Not Enough Money in Account When Fees Are Due: Your bank or credit provider may charge you a fee for overdrawing your account. Our third-party Biller
also charges the Biller's Administration Fee. (see the Details and clause 13).

Your initials
 MEMBER COPY (Page 2)

DETAILS
Anytime Fitness Club Company Name ABN/ACN
“Us” “Our”
Trading Name

Address State
E Mail

Member Name ID (eg. Licence)

"You" "Your"
Address

E Mail Phone

Birth Date Gender

Emergency Contact Phone

Minimum Term
Start Date If our Club is open, the date you sign this Agreement (unless we agree to a later date). Otherwise, the date our Club
opens - provided we have given you prior notice of that date. If we have not given you prior notice, the Start Date is
the day you are notified that our Club has opened.

Cooling Off End 7 days after the Start Date (ending at 11.59 pm on that day)

Fees Membership Fee for Minimum Term $

Other Joining Fee $
Fob Key Fee $
Other $
Total Fees Payable for the Minimum Term $

Other Fees Administration Fee A sum equal to 30 days Membership Fees

Cancellation Fee The higher of 50% of the balance due for the Minimum
Term or a sum equal to 30 days Membership Fees
Billers Administration Fee $7.50
Freeze Fee (per week) $2.50 (Maximum)
Guest Fee (per visit) $30 (Maximum)
Pro Rata Fee (initial) $
Pro Rata Fee (at Agreement end) $
Tailgate Fee $60 (Maximum)
Other - eg exercise consultation $

Payment of Membership
Upfront pre-payment for Minimum Term Periodic payment by direct debit
Fees (Please choose)
Direct Debit Payment
Each fortnight - in advance (subject to availability) Each month (in advance)
Period (Please choose)
Direct Debit Amount (May vary on
$ Each fortnight (subject to availability) $ Each month
Membership transfer or after Minimum Term)

SIGNING PART
I/we have read through this Agreement in full and understand my/our obligations under it.

By signing here, I/we agree to be bound by the provisions of this Agreement.

16 and 17 Year Olds: You may join some "Approved Clubs" as long as you agree to follow the Special Conditions for 16-17 Year Olds. You promise you
have read and understand these and will act in accordance with them. Your parent or guardian must also co-sign this Agreement, your Pre-Exercise
Questionnaire and the Special Conditions for 16-17 Year Olds.

Member signature Date

By co-signing below, the parent or guardian of a 16 or 17 year old agrees to this Agreement, agrees to accept personal responsibility to ensure the 16 or 17 year
old complies with it, and also agrees to rectify any failure of the 16 or 17 year old to comply with it.

Parent/guardian signature Date

Name and ID Relationship

Office Use Only
All signing persons have read through Agreement Pre-Exercise Questionnaire completed 16-17 year old requirements completed (if applicable)

ID Shown and Details have been completed Acknowledgement signed for ACT Orientation completed
 CLUB COPY (Page 2)

DETAILS
Anytime Fitness Club Company Name ABN/ACN
“Us” “Our”
Trading Name

Address State
E Mail

Member Name ID (eg. Licence)

"You" "Your"
Address

E Mail Phone

Birth Date Gender

Emergency Contact Phone

Minimum Term
Start Date If our Club is open, the date you sign this Agreement (unless we agree to a later date). Otherwise, the date our Club
opens - provided we have given you prior notice of that date. If we have not given you prior notice, the Start Date is
the day you are notified that our Club has opened.

Cooling Off End 7 days after the Start Date (ending at 11.59 pm on that day)

Fees Membership Fee for Minimum Term $

Other Joining Fee $
Fob Key Fee $
Other $
Total Fees Payable for the Minimum Term $

Other Fees Administration Fee A sum equal to 30 days Membership Fees

Cancellation Fee The higher of 50% of the balance due for the Minimum
Term or a sum equal to 30 days Membership Fees
Billers Administration Fee $7.50
Freeze Fee (per week) $2.50 (Maximum)
Guest Fee (per visit) $30 (Maximum)
Pro Rata Fee (initial) $
Pro Rata Fee (at Agreement end) $
Tailgate Fee $60 (Maximum)
Other - eg exercise consultation $

Payment of Membership
Upfront pre-payment for Minimum Term Periodic payment by direct debit
Fees (Please choose)
Direct Debit Payment
Each fortnight - in advance (subject to availability) Each month (in advance)
Period (Please choose)
Direct Debit Amount (May vary on
$ Each fortnight (subject to availability) $ Each month
Membership transfer or after Minimum Term)

SIGNING PART
I/we have read through this Agreement in full and understand my/our obligations under it.

By signing here, I/we agree to be bound by the provisions of this Agreement.

16 and 17 Year Olds: You may join some "Approved Clubs" as long as you agree to follow the Special Conditions for 16-17 Year Olds. You promise you
have read and understand these and will act in accordance with them. Your parent or guardian must also co-sign this Agreement, your Pre-Exercise
Questionnaire and the Special Conditions for 16-17 Year Olds.

Member signature Date

By co-signing below, the parent or guardian of a 16 or 17 year old agrees to this Agreement, agrees to accept personal responsibility to ensure the 16 or 17 year
old complies with it, and also agrees to rectify any failure of the 16 or 17 year old to comply with it.

Parent/guardian signature Date

Name and ID Relationship

Office Use Only
All signing persons have read through Agreement Pre-Exercise Questionnaire completed 16-17 year old requirements completed (if applicable)

ID Shown and Details have been completed Acknowledgement signed for ACT Orientation completed
 TERMS

1. Replacement Fob Fee: the amount payable under clause 5.2(d) as set out in the
DEFINITIONS
Details.
Administration Fee: the Fee payable under clause 10.3 (b) as set out in the
Start Date: when this Agreement starts as set out in the Details.
Details.
Special Conditions for 16-17 Year Olds: the special conditions set out in the
Agreement: this Agreement as described in the Important Notice.
document headed “Special Conditions for 16-17 Year Olds” and referred to in
Anytime Australia: Anytime Australia Pty Ltd, ACN 131 035 491, which is the
clause 4.
Australian Anytime Fitness franchisor.
Staffed Hours: the times a Club is staffed. These times may not be fixed and will
Anytime Fitness LLC: Anytime Fitness LLC of Minnesota USA which owns the
also vary from Club to Club.
Anytime Fitness system, trademark and other intellectual property.
Tailgate Fee: the Fee you will be charged if you allow another person to access a
Approved Club: a Club that has been approved by Anytime Australia to offer
Club without permission.
memberships to 16 and 17 year olds.
Terms: the part of this Agreement described as the “Terms”.
ACL: means the Australian Consumer Law in the CCA.
2. JOINING, ACCESS AND RECIPROCITY
Biller: Our third party biller, Debitsuccess Pty Ltd, A.B.N 32 095 551 85.
2.1 When you join our Club, you will need to give us information noted in the
Biller’s Administration Fee: the Fee charged by the Biller under clause 13.3(b) as
Details and provide us with photographic identification. If you join under a
set out in the Details.
particular offer, such as a corporate offer, you will also need to give us proof
Cancellation Fee: the Fee payable under clause 12.6 as set out in the Details. that you are eligible for that offer.
CCA: the Competition and Consumer Act 2010 (Cth). 2.2 On joining we will give you a Fob Key or access card that will let you access and
Club: an Anytime Fitness club. use our Club and the Facilities and Services.

Club Rules: the rules that are referred to in clause 5.6. 2.3 After the first 31 days, you will also be able to access and use all other Clubs
under the provisions of this Agreement provided that you continue to be a
Details: the part of this Agreement described as the “Details”.
Member and your Membership has not been suspended.
Direct Debit Amount: what you agree to pay by direct debit each Direct Debit
3. COOLING OFF
Payment Period as set out in the Details.
3.1 If you change your mind after joining, you have 7 days to cool off or cancel your
Direct Debit Payment Agreement: the periodic billing agreement you enter into
Membership starting on the Start Date. To be effective, you must let us know in
with our third party Biller for periodic billing services.
writing at any time during this 7 day cooling off period. Your written
Direct Debit Payment Period: the frequency of your direct debit payments as set cancellation can be given to us personally, by post or by e mail.
out in the Details.
3.2 If you cancel your Membership under clause 3.1, we will charge you the Fob
Essential Term: a term of this Agreement that is so important you would not Key Fee and fees for any services or products already supplied but the Joining
have signed the Agreement without it, for example, a requirement that the Fee and Membership Fees will be refunded.
Facilities and Services are available 24 hours a day 7 days a week (subject to
4. MINIMUM AGE
clause 18, clause 20.1 and the Special Conditions for 16 and 17 Year Olds). If
there is a disagreement as to whether a term is an Essential Term, the matter 4.1 For safety and security reasons you must be at least 18 years old to become a
will be reasonably determined by Anytime Australia. Member. 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
Facilities and Services: includes Club premises and all exercise areas, bath
are for your protection), you may join us if we are an Approved Club.
rooms, equipment, weights, benches, machines, mats and any programs,
products, classes and services that you may use (excluding services referred to in 4.2 Your Membership may be immediately cancelled if you break one of the Special
clause 14). Conditions for 16-17 Year Olds.

Fees: fees that apply under this Agreement as set out in the Details and referred 5. HEALTH AND SAFETY AND ACCEPTABLE CONDUCT
to in clause 12. 5.1 Your physical condition
Fixed Term Agreement: an agreement which automatically ends at the end of (a) When you sign this Agreement and each time you use the Facilities and
the Minimum Term. Services, you must ensure you are in good physical condition and know of no
Fob Key: the access key that allows you to access Clubs. medical or other reason why you should not exercise. If unsure, you should not
use the Facilities and Services until you have sought appropriate medical
Fob Key Fee: the Fee payable under clause 12.4 as set out in the Details.
guidance and been given the go-ahead.
Guest Fee: the Fee payable under clause 5.5 as set out in the Details.
(b) You agree to give us all relevant personal health and fitness information both
Important Notice: the part of this Agreement described as this. before and during the course of any exercise program or other activity. You also
Joining Fee: the Fee payable under clause 12.2 as set out in the Details. agree to complete our Pre-Exercise Questionnaire. In some cases, responses
you give will require that you get medical guidance before exercising. You
Member: a Club member.
acknowledge that pre-exercise or other screening is no substitute for medical
Membership: another word used to refer to this Agreement. advice and does not guarantee against injury or death.
Membership Fees: the Fees you pay to access the Facilities and Services as (c) You promise that information you give us will be true and accurate and not
referred to under clause 12 and set out in the Details. misleading in any way.
Minimum Age: the minimum age to become a Member and use the Facilities (d) You must not use the Facilities and Services if you are suffering from any illness,
and Services and referred to in clause 4. disease, injury or other condition that could be a risk to your health or safety or
Minimum Term: the minimum term as set out in the Details. that of other Members and others.
Ongoing Agreement: an agreement that continues on an ongoing basis after the (e) We may suspend or cancel your Membership if we have reason to suspect that
Minimum Term until terminated under clause 10. you have not complied with clause 5.1.
Pre-Exercise Questionnaire: the questionnaire or other screening we may
require you to answer before using the Facilities and Services.
Pro Rata Fee: the Fee/s that may be applicable under clause 12.3 and set out in
the Details.
5.2 Your Fob Key 6.2 Emergencies
(a) You will need your Fob Key (or access card) to access Clubs and must swipe this (a) Clubs have an emergency phone, panic buttons and security lanyards for safety
each time you use the Facilities and Services. and security reasons and to alert a security company in emergencies, for example,
(b) If you lose or forget your Fob Key (or access card) you may access a Club during if you are, or feel, threatened or need medical help. You must understand how
Staffed Hours if you show photo ID to Club staff but this will be at the emergency apparatus works and agree to use it only in an emergency.
discretion of the Club. You should not ask or expect another person to let you (b) If you deliberately use emergency apparatus inappropriately, you agree to pay for
into a Club at any time. any costs, loss or damages incurred because of this inappropriate use.
(c) You must not let anyone else into a Club without the approval of Club staff or (c) Clubs may also have an emergency or crisis response procedure displayed which
let anyone else use your Fob Key (or access card). If you break this term, you must be followed in emergencies.
may be charged the Tailgate Fee and/or your Membership may be suspended Be cautious
6.3
or cancelled.
You must be cautious when entering, leaving a Club and using the Club and you
(d) If your Fob Key (or access card) is lost or stolen you must let us know must wear security lanyards when appropriate, for example, if exercising alone or
immediately and get a replacement in 14 days or you may be refused Club outside Staffed Hours.
access. A Replacement Fob Key Fee will apply.
6.4 Following Directions
5.3 Orientation
You agree to follow any reasonable direction of Club staff relating to health,
You may be required to participate in a Member orientation to familiarise you safety or security matters or related matters.
with the Facilities and Services before you use them.
7. PRIVACY
5.4 Proper use of equipment
7.1 Your personal information
You promise to take care to use the Facilities and Services safely and properly.
From when you apply for Membership, you will need to provide us with, and we
If you are ever not sure how to operate any equipment properly, you must ask
will have access to personal information about you, including information relating
Club staff before you use it.
to your health and finances. Your personal information may be:
5.5 Guests
(a) transferred to and stored out of Australia, including to a country that does not
You may bring a guest into a Club but only if they register with Club staff, pay a have the same level of privacy protection as Australia; and
Guest Fee and meet our other reasonable conditions. For example, they will
(b) disclosed to and used by other Clubs, including overseas Clubs, for the purpose of
need to be the Minimum Age, show photo ID, complete the Pre-Exercise
allowing you access to Clubs and providing services to you (for example so that we
Questionnaire and other standard forms.
can confirm your Membership if you visit our global facilities).
5.6 Club Rules
7.2 General consent
(a) Club Rules apply to everyone using the Facilities and Services. They are usually
By signing this Agreement, you consent to us collecting, using, disclosing and
displayed in the Club.
dealing with your personal information in accordance with our privacy policy. In
(b) Club Rules form part of this Agreement so you must make sure you read, particular, you consent to the transfer and storage of your personal information
understand and follow them at all times. outside Australia, and to the disclosure and use of your personal information to
(c) If you break any of the Club Rules we will respond in a way we consider fair other Clubs inside and outside Australia. You can access our privacy policy at
and appropriate. For example, in less serious cases, we may give you a warning www.anytimefitness.com.au/privacy.
but in serious cases or where you have repeatedly broken Club Rules we may Up to date contact information
7.3
suspend or cancel your Membership. If your breach causes us or another
You must tell us promptly if you change your contact or payment details or if there
person costs, loss or damages, you agree to pay for these.
is a change to other relevant personal information, including anything that may
5.7 Illegal performance enhancing or other illicit substances affect health or safety.
You acknowledge that the distribution or use of illegal or performance 7.4 Consent to use your image
enhancing drugs is prohibited and promise that you will not use or distribute
You understand that photos, films, videos or audio recordings are sometimes
these substances in or near a Club.
taken of Members for promotional purposes. Your permission will first be
5.8 Commercial activity obtained if this is done. By signing this Agreement, you agree to allow your image,
You acknowledge that engaging in any commercial or business activities in the recording or likeness to be used for any legitimate purpose by us or by Anytime
Club, such as offering training services or selling goods in the Club is prohibited Australia and you assign your rights in any of these materials to Anytime Fitness
unless we grant you written permission to do so. If we do give you written LLC.
permission, we can revoke this at any time. Other
7.5
5.9 Action for risky or inappropriate conduct (a) As noted in clause 6.1, CCTV camera recording is used in Clubs (except in
If you behave in a risky or seriously inappropriate way, for example, if you bathrooms).
threaten or harass others, damage equipment, distribute or use illicit (b) Members and guests are not allowed to take photos and/or videos in Clubs unless
substances, or train other Members without our authorisation, appropriate specific permission is granted by the Club.
action will be taken. For example, your Membership may be immediately TRANSFER
8.
suspended or cancelled (with a Cancellation Fee potentially applying), you may
8.1 Your Membership may be transferred to another Club if:
be banned from joining any Club and/or we may refer the matter to
appropriate authorities. If your conduct causes us or another person costs, loss (a) over (2) consecutive 30 day periods you use another Club a minimum of 4 times in
or damages you agree to pay for these. each period AND use that Club more than 50% of the time in each period; OR
6. SECURITY (b) over (3) consecutive 30 day periods, you use another Club at least once in each of
these periods, and 100% of your visits are at the other Club.
6.1 24 Hour CCTV cameras
Club premises have CCTV security cameras recording 24-hours a day (except in
bathrooms) and may have remote video guarding services. This system is used
for security purposes but does not guarantee against harm. You should contact
the Club if you have questions on this.
8.2 If your Membership is transferred to another Club, your Fees, including any 10.3 Cancelling for medical reasons
ongoing Membership Fees, may be varied to reflect the Fees applicable in (a) You can cancel your Membership at any time by telling us in writing if you cannot
the other Club. use the Facilities and Services because you contract a serious illness or a
8.3 If your Membership is transferred to another Club in another state or permanent physical incapacity during the term of your Membership. This must be
country, you may be required to sign a new Agreement compliant with the confirmed in writing by a doctor or other medical professional we reasonably
laws of that state or country. agree to and you agree that we may contact the doctor or other professional for
verification purposes.
8.4 Your Membership may be transferred to another person who is not a
current Member but only if we agree, your account is up to date, and the (b) If you cancel under clause 10.3(a), we can charge you the Administration Fee.
person you transfer to: You will also be liable for Fees incurred, i.e. your Membership Fees for the time
you were a Member (calculated on a pro rata basis), the Joining Fee, the Fob Key
(a) is eligible to become a Member;
Fee and Fees for services already supplied.
(b) is able to take up your Membership (for example, if you have a corporate
10.4 Cancelling for your convenience in the Minimum Term
Membership);
During the Minimum Term, you can cancel your Membership at any time by
(c) signs a new agreement to become a Member for at least the balance of the
telling us in writing and paying a Cancellation Fee.
Minimum Term;
10.5 Other ways you can cancel this Agreement in the Minimum Term
(d) agrees that that the provisions of clause 2 regarding access and reciprocity
will also apply to them; and You can also cancel your Membership in the following ways and without paying a
Cancellation Fee:
(e) pays Membership Fees for at least the balance of the Minimum Term, or
enters into a Direct Debit Payment Agreement if these Fees are to be paid (a) When prior notice is NOT required
periodically by direct debit; and You may cancel without giving us prior notice if:
(f) pays applicable other Fees such as a Fob Key Fee and a Joining Fee. (i) we break an Essential Term and have not fixed this in a reasonable time of you
8.5 If our transfer policy (in clause 8.1) is changed, we will use our reasonable asking us in writing;
efforts to give Members prior notice of the change. (ii) you become bankrupt and give us proof (such as supporting documents) to our
9. PUTTING YOUR MEMBERSHIP ON HOLD reasonable satisfaction;

9.1 You may temporarily suspend or freeze your Membership for any reason if (iii) we change this Agreement in a way that adversely affects you (this does not
your account is up to date and, if you have a Fixed Term Agreement, it has include a variation of Fees in the case of a transfer of Membership); or
more than 2 weeks left. In any 12 month period you may freeze your (iv) you become entitled to cancel under consumer laws.
Membership 2 times for up to 3 months for both periods combined.
(b) When prior notice is required
9.2 We may agree to freeze your Membership for more than the period noted
You may cancel by giving us 30 days written notice if you relocate more than 15
in clause 9.1 for travel, medical or hardship reasons but you must give us
km from a Club and you give us proof to our reasonable satisfaction.
proof (such as supporting documents) to our reasonable satisfaction.
(c) Applicable Fees
9.3 The Freeze Fee usually applies during any freeze period.
If you cancel your Membership under clause 10.5(a) or (b), you will be liable for
9.4 While your Membership is frozen, the Minimum Term will be extended for
Fees incurred, i.e. your Membership Fees for the time you were a Member
the same time as the freeze period. Direct debit payments that fall in the
(calculated on a pro rata basis), the Joining Fee, the Fob Key Fee and Fees for
freeze period will also be frozen (except the Freeze Fee).
services already supplied. These Fees are not refundable except in very limited
10. WHEN YOU CAN END THIS AGREEMENT circumstances related to clauses 10.5(a) (i) and (iv).
10.1 Notice 11. WHEN WE CAN END THIS AGREEMENT
If you need to notify or tell us anything in writing under this clause: 11.1 In addition to our other rights under this Agreement, we may cancel your
(a) you can give this to us in person, by e mail or post; Membership if you breach any obligation under this Agreement that can’t be
fixed or if you breach an obligation that can be fixed but you do not fix it in a
(b) it would be useful (but not required) if you complete any standard
reasonable time.
documentation we may have such as a cancellation form and provide your
Membership number (if you know it); 11.2 If we cancel your Membership under clause 11.1, you will be liable for Fees
incurred, i.e. your Membership Fees for the time you were a Member (calculated
(c) if you do not use our standard documentation, your notice must include
on a pro rata basis), the Joining Fee, the Fob Key Fee and Fees for services
your name, Club, address, phone, email, ID details and signature and explain
already supplied. We may also charge a Cancellation Fee and recover costs, loss
why you wish to cancel; and
or damages caused by your breach.
(d) you must also attach required proof such as a medical certificate.
11.3 You promise you are not bankrupt or insolvent and are able to pay applicable
10.2 Cancelling your Membership on or after end of the Minimum Term Fees at the time of signing. You agree that you will tell us promptly if you believe
(a) If this is a Fixed Term Agreement, you do not need to do anything, as your you will be unable to pay your Membership Fees for an extended period. We may
Membership will end when the Minimum Term ends. We may contact you cancel your Membership if you become bankrupt or insolvent.
before your Agreement ends to discuss renewal. If you chose to renew your 11.4 If we cancel your Membership under clause 11.3 you will be liable for Fees
Membership or sign a new agreement before the Minimum Term ends, a incurred, i.e. your Membership Fees for the time you were a Member (calculated
Joining Fee will not apply. on a pro rata basis), the Joining Fee, the Fob Key Fee and Fees for services
(b) If this is an Ongoing Agreement, it will continue after the Minimum Term already supplied.
unless you tell us in writing at any time (but at least 14 days) before the end 12. FEES
of the Minimum Term that you wish to cancel your Membership. If you tell
12.1 General
us before the end of the Minimum Term but it is less than 14 days before,
your Membership will continue for another 14 days before it ends. (a) The Fees you have to pay are set out in the Details. Some rights and obligations
that apply in relation to particular Fees are set out in this clause.
(c) If this is an Ongoing Agreement and it has continued beyond the Minimum
Term, you can cancel any time by giving us at least 14 days prior written (b) If you do not make any payment when it is due, your Membership may be
notice. suspended and you could be refused access to Clubs and to Facilities and Services
until all outstanding amounts have been paid.
(c) Your Membership may also be terminated if any Fees remain unpaid for an
extended period. You will still be liable for all unpaid amounts. A Cancellation Fee
may also apply.
12.2 Joining Fee 13.2 Authority to deduct Fees

We will charge you the Joining Fee to cover the set up costs for your By nominating a credit or debit account, you authorise our Biller, to deduct from
Membership. This is not refundable except in very limited circumstances that account all Fees and other charges you are responsible for under this
related to clauses 3 and 10.5(a) (i) and (iv). Agreement. You must keep your account details up to date.

12.3 Pro-Rata Fee 13.3 Late or rejected direct debit payments (Also see clause 12.7)

If you pay by direct debit and your Start Date begins after the first day of (a) You must ensure there is enough money in your nominated account on the usual
the relevant Direct Debit Payment Period, you will only be charged the payment, or the next working day if that falls on a day when banks do not process
applicable portion of the Direct Debit Amount. The same applies if you payments.
have a Fixed Term Agreement and the Direct Debit Payment Period ends (b) If there is not enough money in your nominated account on the usual payment day,
after the last day of the Agreement. or there is another reason that your account was unable to be debited (except one
12.4 Fob Key Fee within the Biller’s control), you will be charged the Biller’s Administration Fee. This
will be added to your next debit amount. Prior arrears may also be included.
This is the Fee charged to buy a Fob Key. This is not refundable except in
very limited circumstances related to clauses 3 and 10.5(a) (i) and (iv). If (c) You authorise our Biller to deduct any unpaid arrears outstanding on your account.
you need a replacement Fob Key, a Replacement Fob Key Fee will apply. (d) Your bank or credit provider may charge you a fee for overdrawing your account if
12.5 Membership Fees you do not have enough money in your account when payment is due.
(a) If this is a Fixed Term Agreement you can pre-pay your Membership Fees 14. OTHER SERVICES
(pay them up front) when you sign this Agreement, or you can elect to pay 14.1 There may be other services, including personal training services, offered at Clubs
by equal periodic instalments provided this option is available in our Club. by us, contractors, licensees and others which are offered separately and/or in
(b) If this is an Ongoing Agreement, you must pay Membership Fees addition to services provided under this Agreement. You will need to pay applicable
periodically in advance until your Agreement ends. fees directly to the providers of the services and agree to separate terms and
conditions.
12.6 Cancellation Fee
14.2 We are not responsible for these third party provided services including fees or any
(a) A Cancellation Fee is payable if you want to cancel your Membership for
associated costs claims or refunds, unless they are provided by us.
your convenience in the Minimum Term. It is an amount equal to 50% of
the balance of your Membership Fees for remainder of the Minimum 15. CHANGES TO YOUR AGREEMENT
Term or a sum equal to 30 days Membership Fees (whatever is the 15.1 We may sometimes make changes to this Agreement, including our Club Rules. If
higher). we do this, we will try to do this fairly and by giving you a chance to cancel your
(b) A Cancellation Fee may (at our reasonable discretion) also be payable by Membership if you are adversely affected by the change and do not agree to it.
you if your Membership is ended by us under clause 5.9, clause 11.1 or 15.2 We will make reasonable efforts to tell you of any change in advance and when it
clause 12.1(c). will take effect. Subject to other Terms, the effective date will generally be at least
12.7 If you do not pay a Fee when due 30 days from the date we tell you about the change unless it is not practical for us
to tell you at this time. Your Membership will be amended from the effective date.
(a) If you do not pay a Fee or other amount you owe when due, we can
suspend your Membership until all amounts have been paid. This is in 15.3 You cannot cancel under this clause in the case of a transfer of your Membership
addition to our other rights under this Agreement, including those under or if we have to make the change to comply with a law or a direction of a relevant
clause 11.1. Other consequences may also apply with respect to late or authority.
rejected direct debit payments (see clause 13.3). 16. OUR LIABILITY TO YOU
(b) Fees and charges continue to accrue during a suspension under clause 16.1 Statutory guarantees
12.7(a).
(a) Under the ACL we guarantee that the services we supply:
12.8 Fee increases
(i) are provided with due care and skill;
(a) During the Minimum Term:
(ii) are reasonably fit for any purpose you have told us you are using the services for
(i) your Membership Fees will not be increased (except in the case of a or told us you wish to achieve; and/or
transfer of your Membership (see clause 12.8 (c));
(iii) are supplied in a reasonable time.
(ii) other Fees may, however, be varied.
(b) Under certain legislative provisions, however, we can ask you to accept some
(b) After the Minimum Term, all Fees may be increased. limitations to the ACL guarantees.
(c) If your Membership is transferred to another Club, your Membership (c) If you sign this Agreement, you agree, to the extent allowed by section 139A of the
Fees (and other Fees) may be varied to reflect those which are applicable CCA, to exclude or modify our liability to you for death or injury from our failure to
at the other Club even if your Membership is transferred in the Minimum comply with ACL guarantees.
Term.
(d) This exclusion does not apply if your death or injury is caused by our “reckless
(d) We will make reasonable efforts to tell you of any Fee changes. conduct” (as defined in the CCA).
(e) If your Fees are varied, you authorise any debits from your nominated 16.2 Other implied terms
account to also be varied.
Nothing in this Agreement excludes, restricts or modifies any terms, conditions,
12.9 Refunds and the Credit Code warranties, guarantees, rights or remedies which cannot lawfully be excluded,
We can deduct all Fees and charges that you must pay under this restricted or modified. Otherwise, unless expressly included in this Agreement, all
Agreement from any refund we give you. implied terms, conditions, warranties, guarantees, rights or remedies that can be
lawfully excluded are excluded. In particular, but subject to clause 16.1, we are not
13. DIRECT DEBIT
liable for death or injury caused by our negligence or breach of implied terms that
13.1 Direct Debit Payment Agreement services will be provided with reasonable care and skill at common law. This does
(a) If you pay any Fees, including ongoing Membership Fees, by direct debit, not exclude our liability for reckless conduct.
then this will be through our Biller (not us).

(b) You will be provided with a copy of Direct Debit Payment Agreement of
the Biller which applies to any direct debit services. The Direct Debit
Payment Agreement, which we are not a party to, is entirely separate to
this Agreement.
 19.2 If you are uncomfortable about approaching, or do not wish to approach
16.3 Loss of property
Club staff, or are not happy with the response given, you may send a
You promise not to unnecessarily bring valuables into a Club and agree
complaint to the head office of Anytime Australia by email to
that it is not the obligation of the Club to look after unattended property.
[email protected].
17. YOUR RESPONSIBILITY FOR DAMAGE
19.3 Complaints will be dealt with in accordance with the Anytime Fitness
You agree to pay for any loss or damage to the Club or the Facilities and complaints policy.
Services caused by you or your guests through a wilful, wrongful or 20. GENERAL LEGAL MATTERS
negligent act or as a result of your, or their, breach of this Agreement.
20.1 Unexpected events
18. CLUB CLOSURES
We are not responsible if Members cannot use our Club because of an
(a) We may need to close our Club for a period of time, for example, due to
event caused by a natural force (such as a fire or a flood) or a road or
an emergency, or if required by a court order or by law.
building closure or something similar beyond our reasonable control. If this
(b) We may close our Club up to 14 days in any 30 day period under clause continues for more than 30 days, then either you or we may cancel this
18(a) and keep charging Membership Fees. Agreement immediately by written notice. No Fee will apply.
(c) If we close the Club for between 15 and 30 days under clause 18(a) in any 20.2 Severability
30 day period, clause 18(e) applies.
If a court decides that any part of this Agreement is or becomes illegal,
(d) We may also close the Club for up to 30 consecutive days if it is being void or unenforceable, that part is deleted and this does not invalidate the
refurbished or relocated. rest of this Agreement.
(e) If we close the Club under clause 18(c) or 18(d) we may keep charging 20.3 Waiver
Membership Fees if you are able and willing to use another Club. If you
If we do not enforce our rights under this Agreement at any time, it does
are not able or willing to use another Club we will freeze your
not mean that we may not do so in future.
Membership at no cost to you and extend your Agreement for a time
20.4 Entire Agreement
equal to the closed period.
You agree that we have not made any representations or promises that
(f) We will try, but cannot promise we will be able, to tell you about any Club
you have relied that are not in this Agreement.
closures in advance.
19. 20.5 Applicable law
COMPLAINTS AND FEEDBACK
19.1 The law of the state/territory set out in the Details applies to this
If you have any concerns about the Facilities and Services or anything else
Agreement.
in relation to your Membership, you should first raise it with Club staff.

To view these terms online, please visit www.anytimefitness.com.au/membershipagreement

-END-
 ACKNOWLEDGEMENT UNDER THE ACT FAIR TRADING (FITNESS INDUSTRY) CODE OF
PRACTICE 2009 FOR A PERIODIC BILLING AGREEMENT*

I acknowledge that unless I provide written notice of termination of my Membership prior to

the end of the fixed term of my Periodic Billing Agreement**. I will still be liable for my

Membership Fees until 14 days after I have provided written notice of termination to the

Fitness Centre***. I understand that the Fitness Centre must respond to its receipt of a

written notice within 7 days

Signature Date

* known in this Agreement as an Ongoing Agreement

** known in this Agreement as the Minimum Term

*** known in this Agreement as the Club.

[email protected] MEMBER COPY (Page 1)

Membership Agreement - South Australia

IMPORTANT NOTICE
The Anytime Fitness® chain comprises a network of independently owned and operated fitness Clubs, including our Club.
This is an Agreement under which you agree to become a Member of our Club (or to renew your Membership). It is made up of this
Important Notice, the Details section, the attached Terms and any other document attached or referred to, including our Club Rules, our
privacy policy and the Special Conditions for 16-17 Year Olds, if applicable.
When you sign this Agreement you are entering into a legally binding contract with us.
This Agreement sets out your rights to use the Facilities and Services and the responsibilities you have as a Member. These responsibilities,
including payment of Membership Fees, do not depend on how often you use the Facilities and Services.
What is set out in this Agreement overrides any statements made by you or us before you sign it so you should read through it fully to make
sure it reflects your expectations. If you are unsure whether any particular statements that you have relied on are part of this Agreement, or
if you have any queries regarding this Agreement, please ask us before you sign.
Words in Bold type and capitalised first letters are defined in clause 1 of the attached Terms.

THIS AGREEMENT IS SUBJECT TO A 7 DAY COOLING OFF PERIOD

TYPE OF AGREEMENT
You must choose the type of agreement you wish to have by ticking and initialing the relevant box below:
Fixed Term Agreement: A Fixed Term Agreement automatically ends when the Fixed Term ends. You will need to sign a new agreement if
you want to keep using the Facilities and Services after the Fixed Term ends. If you opt for a Fixed Term Agreement we may require that you
pre-pay the Membership Fees for the whole Agreement
Your initials
Direct Debit Information: If an automatic direct debit arrangement is in place, your Membership Fees will continue to be debited from your account until you or
we cancel the arrangement by advising your bank or credit provider. If you end this Agreement or stop the automatic debit arrangement in a way not described
in this Agreement, you may be liable for unpaid Fees or damages for breach of contract. You should, however, cancel any direct debit authorisation for payment
when your Agreement lawfully ends.

SUMMARY OF SOME KEY TERMS

Cooling Off: You can cancel this Agreement within 7 days from the Start Date by giving us written notice (see Details and clause 3).
Your Safety: Each time you use the Facilities and Services, 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 seek medical guidance (see clause 5.1).

Access and Reciprocity: When you join our Club you can access and use our Club and our Facilities and Services. After the first 31 days of your Membership,
you will also be able to access and use all other Clubs (see clause 2).
Membership Transfer and Assignment of this Agreement: As a broad rule, if you use another Club more than our Club, (using the criteria set out in this
Agreement) your Membership and this Agreement will be transferred from our Club to the Club you visit the most. If this happens, the Fees, including your
Membership Fees, may change (see clause 8).
Putting Your Membership on Hold: In any period of 12 months you can usually ‘freeze’ your Agreement twice for up to 3 months for both periods combined.
If we agree, you may freeze your Agreement more than this for travel, medical or hardship reasons but must give us proof. A minimum freeze period may
apply and a weekly Freeze Fee may also be charged. Your Membership will usually be extended by the period your Agreement is frozen for (see clause 9).
Cancelling for Medical Reasons or Relocation: You can cancel your Membership if you contract a permanent physical incapacity or serious illness as confirmed
by a doctor we reasonably agree to and you pay the Administration Fee. You can also cancel on 30 days written notice if you relocate more than 15 km away
from a Club and supply proof (see Details and clause 10).
Cancelling a Fixed Term Agreement for your Convenience: You can cancel for your convenience if you pay the Cancellation Fee which is the higher of 50% of
the balance due or a sum equal to 30 days Membership Fees (see clause 10).
Cancelling a Periodic Agreement: You may cancel during any Supply Period by giving us written notice. The cancellation will take effect at the End Time. The
End Time is the end of that Supply Period if your notice was given at least 14 days before. Otherwise, the End Time is the end of the next Supply Period. You
can cancel the Agreement with earlier effect but you will still be liable for Membership Fees on the basis that it was cancelled at the End Time. (see clause 10).
Not Enough Money in Account when Fees are Due: Your bank or credit provider may charge you a fee for overdrawing your account. Our third-party Biller
also charges the Biller’s Administration Fee (see the Details and clause 13).

Your initials
 CLUB COPY (Page 1)

Membership Agreement - South Australia

IMPORTANT NOTICE
The Anytime Fitness® chain comprises a network of independently owned and operated fitness Clubs, including our Club.
This is an Agreement under which you agree to become a Member of our Club (or to renew your Membership). It is made up of this
Important Notice, the Details section, the attached Terms and any other document attached or referred to, including our Club Rules, our
privacy policy and the Special Conditions for 16-17 Year Olds, if applicable.
When you sign this Agreement you are entering into a legally binding contract with us.
This Agreement sets out your rights to use the Facilities and Services and the responsibilities you have as a Member. These responsibilities,
including payment of Membership Fees, do not depend on how often you use the Facilities and Services.
What is set out in this Agreement overrides any statements made by you or us before you sign it so you should read through it fully to make
sure it reflects your expectations. If you are unsure whether any particular statements that you have relied on are part of this Agreement, or
if you have any queries regarding this Agreement, please ask us before you sign.
Words in Bold type and capitalised first letters are defined in clause 1 of the attached Terms.

THIS AGREEMENT IS SUBJECT TO A 7 DAY COOLING OFF PERIOD

TYPE OF AGREEMENT

You must choose the type of agreement you wish to have by ticking and initialing the relevant box below:
Fixed Term Agreement: A Fixed Term Agreement automatically ends when the Fixed Term ends. You will need to sign a new agreement if
you want to keep using the Facilities and Services after the Fixed Term ends. If you opt for a Fixed Term Agreement we may require that you
pre-pay the Membership Fees for the whole Agreement
Your initials
Direct Debit Information: If an automatic direct debit arrangement is in place, your Membership Fees will continue to be debited from your account until you or
we cancel the arrangement by advising your bank or credit provider. If you end this Agreement or stop the automatic debit arrangement in a way not described
in this Agreement, you may be liable for unpaid Fees or damages for breach of contract. You should, however, cancel any direct debit authorisation for payment
when your Agreement lawfully ends.

SUMMARY OF SOME KEY TERMS

Cooling Off: You can cancel this Agreement within 7 days from the Start Date by giving us written notice (see Details and clause 3).
Your Safety: Each time you use the Facilities and Services, 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 seek medical guidance (see clause 5.1).

Access and Reciprocity: When you join our Club you can access and use our Club and our Facilities and Services. After the first 31 days of your Membership,
you will also be able to access and use all other Clubs (see clause 2).
Membership Transfer and Assignment of this Agreement: As a broad rule, if you use another Club more than our Club, (using the criteria set out in this
Agreement) your Membership and this Agreement will be transferred from our Club to the Club you visit the most. If this happens, the Fees, including your
Membership Fees, may change (see clause 8).
Putting Your Membership on Hold: In any period of 12 months you can usually ‘freeze’ your Agreement twice for up to 3 months for both periods combined.
If we agree, you may freeze your Agreement more than this for travel, medical or hardship reasons but must give us proof. A minimum freeze period may
apply and a weekly Freeze Fee may also be charged. Your Membership will usually be extended by the period your Agreement is frozen for (see clause 9).
Cancelling for Medical Reasons or Relocation: You can cancel your Membership if you contract a permanent physical incapacity or serious illness as confirmed
by a doctor we reasonably agree to and you pay the Administration Fee. You can also cancel on 30 days written notice if you relocate more than 15 km away
from a Club and supply proof (see Details and clause 10).
Cancelling a Fixed Term Agreement for your Convenience: You can cancel for your convenience if you pay the Cancellation Fee which is the higher of 50% of
the balance due or a sum equal to 30 days Membership Fees (see clause 10).
Cancelling a Periodic Agreement: You may cancel during any Supply Period by giving us written notice. The cancellation will take effect at the End Time. The
End Time is the end of that Supply Period if your notice was given at least 14 days before. Otherwise, the End Time is the end of the next Supply Period. You
can cancel the Agreement with earlier effect but you will still be liable for Membership Fees on the basis that it was cancelled at the End Time. (see clause 10).
Not Enough Money in Account when Fees are Due: Your bank or credit provider may charge you a fee for overdrawing your account. Our third-party Biller
also charges the Biller’s Administration Fee (see the Details and clause 13).

Your initials
 MEMBER COPY (Page 2)
DETAILS

Anytime Fitness Club Company Name ABN/ACN

“Us” “Our”
Trading Name

Address State
E Mail

Name ID (eg. Licence)

Member
"You" "Your" Address

E Mail Phone

Birth Date Gender

Emergency Contact Phone

Supply Period/Fixed Term 12 months for Fixed Term Agreement but 1 month for supply period for Periodic Agreements
If our Club is open, the date you sign this Agreement (unless we agree to a later date). Otherwise, the date our
Start Date
Club opens - provided we have given you prior notice of that date. If we have not given you prior notice, the
Start Date is the day you are notified that our Club has opened.

Cooling Off End 7 days after the Start Date (ending at 11.59 pm on that day)

Membership Fee for Supply Period/Fixed Term $

Fees
Other Joining Fee $
Fob Key Fee $
Other $
Total $
Other Fees Administration Fee A sum equal to 30 days Membership Fees
Cancellation Fee The higher of 50% of the balance due for the Fixed Term
or a sum equal to 30 days Membership Fees

Billers Administration Fee $7.50

Freeze Fee (per week) $2.50 (Maximum)
Guest Fee (per visit) $30.00 (Maximum)
Pro Rata Fee (initial) $
Pro Rata Fee (end) $
Tailgate Fee $60.00 (Maximum)
Other - eg exercise consultation $

Payment of Membership Pre-payment for Supply

Periodic payment by direct debit
Fees (Please choose) Period/Fixed Term

Direct Debit Payment Each fortnight -in advance Each month - in advance
Period (Please choose) (subject to availability)

Periodic Direct Debit Each fortnight (subject to

$ $ Each month
Amount (May vary on Membership availability)
transfer or after Minimum Term)

SIGNING PART
I/we have read through this Agreement in full, understand my/our obligations under it and agree to be bound by it

I/we agree to be bound by the provisions of this Agreement

16 and 17 Year Olds: You may join an “Approved Club” as long as you agree to follow the Special Conditions for 16-17 Year Olds. You promise you
have read and understand these and will act in accordance with them. Your parent or guardian must also co-sign this Agreement, your Pre-Exercise
Questionnaire and the Special Conditions for 16-17 Year Olds

Member signature Date

By co-signing below, the parent or guardian of a 16 or 17 year old agrees to this Agreement, agrees to accept personal responsibility to ensure the 16
or 17 year old complies with it, and also agrees to rectify any breaches by the 16 or 17 year old.

Parent/guardian signature Date

Name and ID Relationship

Office Use Only

All signing persons have read the Agreement ID shown and Details have been completed Orientation completed
Pre-Exercise Questionnaire Completed ACL Exclusion clause signed for SA 16-17 year old requirements completed
 CLUB COPY (Page 2)
DETAILS

Anytime Fitness Club Company Name ABN/ACN

“Us” “Our”
Trading Name

Address State
E Mail

Name ID (eg. Licence)

Member
"You" "Your" Address

E Mail Phone

Birth Date Gender

Emergency Contact Phone

Supply Period/Fixed Term 12 months for Fixed Term Agreement but 1 month for supply period for Periodic Agreements

If our Club is open, the date you sign this Agreement (unless we agree to a later date). Otherwise, the date our
Start Date
Club opens - provided we have given you prior notice of that date. If we have not given you prior notice, the
Start Date is the day you are notified that our Club has opened.

Cooling Off End 7 days after the Start Date (ending at 11.59 pm on that day)

Fees Membership Fee for Supply Period/Fixed Term $

Other Joining Fee $
Fob Key Fee $
Other $
Total $

Other Fees Administration Fee A sum equal to 30 days Membership Fees

Cancellation Fee The higher of 50% of the balance due for the Fixed Term
or a sum equal to 30 days Membership Fees
Billers Administration Fee $7.50
Freeze Fee (per week) $2.50 (Maximum)
Guest Fee (per visit) $30.00 (Maximum)
Pro Rata Fee (initial) $
Pro Rata Fee (end) $
Tailgate Fee $60.00 (Maximum)
Other - eg exercise consultation $

Payment of Membership Pre-payment for Supply

Periodic payment by direct debit
Fees (Please choose) Period/Fixed Term

Direct Debit Payment Each fortnight -in advance Each month - in advance
Period (Please choose) (subject to availability)

Periodic Direct Debit Each fortnight (subject to

$ $ Each month
Amount (May vary on Membership availability)
transfer or after Minimum Term)

SIGNING PART
I/we have read through this Agreement in full, understand my/our obligations under it and agree to be bound by it
I/we agree to be bound by the provisions of this Agreement

16 and 17 Year Olds: You may join an “Approved Club” as long as you agree to follow the Special Conditions for 16-17 Year Olds. You promise you
have read and understand these and will act in accordance with them. Your parent or guardian must also co-sign this Agreement, your Pre-Exercise
Questionnaire and the Special Conditions for 16-17 Year Olds

Member signature Date

By co-signing below, the parent or guardian of a 16 or 17 year old agrees to this Agreement, agrees to accept personal responsibility to ensure the 16
or 17 year old complies with it, and also agrees to rectify any breaches by the 16 or 17 year old.

Parent/guardian signature Date

Name and ID Relationship

Office Use Only

All signing persons have read the Agreement ID shown and Details have been completed Orientation completed
Pre-Exercise Questionnaire Completed ACL Exclusion clause signed for SA 16-17 year old requirements completed
 TERMS

1. DEFINITIONS Periodic Agreement: an agreement that continues on a periodic basis from

Supply Period to Supply Period until terminated under clause 10.
Administration Fee: the Fee payable under clause 10.4 (b) as set out in the
Details. Pre-Exercise Questionnaire: the questionnaire or other screening we may
require you to answer before using the Facilities and Services.
Agreement: this Agreement as described in the Important Notice.
Pro Rata Fee: the Fee/s that may be applicable under clause 12.3 and set out in
Anytime Australia: Anytime Australia Pty Ltd, ACN 131 035 491, which is the
the Details.
Australian Anytime Fitness franchisor.
Replacement Fob Fee: the amount payable under clause 5.2(d) as set out in the
Anytime Fitness LLC: Anytime Fitness LLC of Minnesota USA which owns the
Details.
Anytime Fitness system, trademark and other intellectual property.
Start Date: when this Agreement starts as set out in the Details.
Approved Club: a Club that has been approved by Anytime Australia to offer
memberships to 16 and 17 year olds. Special Conditions for 16-17 Year Olds: the special conditions set out in the
document headed “Special Conditions for 16-17 Year Olds” and referred to in
ACL: means the Australian Consumer Law in the CCA.
clause 4.
Biller: Our third party biller, Debitsuccess Pty Ltd, A.B.N 32 095 551 581.
Staffed Hours: the times a Club is staffed. These times may not be fixed and will
Biller’s Administration Fee: the Fee charged by the Biller under clause 13.3(b) also vary from Club to Club.
as set out in the Details.
Supply Period: the minimum term of a Periodic Agreement, as set out in the
Cancellation Fee: the Fee payable under clause 12.6 as set out in the Details. Details, which is ordinarily a period of 1 month.
CCA: the Competition and Consumer Act 2010 (Cth). Tailgate Fee: the Fee you will be charged if you allow another person to access a
Club: an Anytime Fitness club. Club without permission.

Club Rules: the rules that are referred to in clause 5.6. Terms: the part of this Agreement described as the “Terms”.

Details: the part of this Agreement described as the “Details”. 2. JOINING, ACCESS AND RECIPROCITY

Direct Debit Amount: what you agree to pay by direct debit each Direct Debit 2.1 When you join our Club, you will need to give us information noted in the
Payment Period as set out in the Details. Details and provide us with photographic identification. If you join under a
particular offer, such as a corporate offer, you will also need to give us proof
Direct Debit Payment Agreement: the periodic billing agreement you enter
that you are eligible for that offer.
into with our third party Biller for periodic billing services.
2.2 On joining we will give you a Fob Key or access card that will let you access and
Direct Debit Payment Period: the frequency of your direct debit payments as
use our Club and the Facilities and Services.
set out in the Details.
2.3 After the first 31 days, you will also be able to access and use all other Clubs
End Time: for the purposes of providing notice for the cancellation of a
under the provisions of this Agreement provided that you continue to be a
Periodic Agreement, the End Time is the end of a Supply Period where notice
Member and your Membership has not been suspended.
is given at least 14 days before the end of that Supply Period. Otherwise, the
End Time is the end of the next Supply Period. 3. COOLING OFF

Essential Term: a term of this Agreement that is so important you would not 3.1 If you change your mind after joining, you have 7 days to cool off or cancel your
have signed the Agreement without it, for example, a requirement that the Membership starting on the Start Date. To be effective, you must let us know in
Facilities and Services are available 24 hours a day 7 days a week (subject to writing at any time during this 7 day cooling off period. Your written
clause 18, clause 20.1 and the Special Conditions for 16 and 17 Year Olds). If cancellation can be given to us personally, by post or by e mail.
there is a disagreement as to whether a term is an Essential Term, the matter 3.2 If you cancel your Membership under clause 3.1, we will charge you the Fob
will be reasonably determined by Anytime Australia. Key Fee and fees for any services or products already supplied but the Joining
Facilities and Services: includes Club premises and all exercise areas, bath Fee and Membership Fees will be refunded.
rooms, equipment, weights, benches, machines, mats and any programs, 4. MINIMUM AGE
products, classes and services that you may use (excluding services referred to For safety and security reasons you must be at least 18 years old to become a
4.1
in clause 14). Member. However, if you are 16 or 17 years of age, and both you and your
Fees: fees that apply under this Agreement as set out in the Details and parent or guardian agree to the Special Conditions for 16-17 Year Olds (which
referred to in clause 12. are for your protection), you may join us if we are an Approved Club.
Fixed Term: the Fixed Term of a Fixed Term Agreement, as set out in the 4.2 If you are a 16 or 17 year old, your Membership may be immediately cancelled
Details, which is for a maximum period of 12 months. if you break one of the Special Conditions for 16-17 Year Olds.
Fixed Term Agreement: an agreement which automatically ends at the end of 5. HEALTH AND SAFETY AND ACCEPTABLE CONDUCT
the Fixed Term.
5.1 Your physical condition
Fob Key: the access key that allows you to access Clubs.
(a) When you sign this Agreement and each time you use the Facilities and
Fob Key Fee: the Fee payable under clause 12.4 as set out in the Details. Services, you must ensure you are in good physical condition and know of no
Guest Fee: the Fee payable under clause 5.5 as set out in the Details. medical or other reason why you should not exercise. If unsure, you should not
use the Facilities and Services until you have sought appropriate medical
Important Notice: the part of this Agreement described as this.
guidance and been given the go-ahead.
Joining Fee: the Fee payable under clause 12.2 as set out in the Details.
(b) You agree to give us all relevant personal health and fitness information both
Member: a Club member. before and during the course of any exercise program or other activity. You also
Membership: another word used to refer to this Agreement. agree to complete our Pre-Exercise Questionnaire. In some cases, responses
you give will require that you get medical guidance before exercising. You
Membership Fees: the Fees you pay to access the Facilities and Services as
acknowledge that pre-exercise or other screening is no substitute for medical
referred to under clause 12 and set out in the Details.
advice and does not guarantee against injury or death.
Minimum Age: the minimum age to become a Member and use the Facilities
and Services and referred to in clause 4.
(c) You promise that information you give us will be true and accurate and not 6. SECURITY
misleading in any way. 6.1 24 Hour CCTV cameras
(d) You must not use the Facilities and Services if you are suffering from any Club premises have CCTV security cameras recording 24-hours a day (except in
illness, disease, injury or other condition that could be a risk to your health or bathrooms) and may have remote video guarding services. This system is used for
safety or that of other Members and others. security purposes but does not guarantee against harm. You should contact the
(e) We may suspend or cancel your Membership if we have reason to suspect that Club if you have questions on this.
you have not complied with clause 5.1. Emergencies
6.2
5.2 Your Fob Key (a) Clubs have an emergency phone, panic buttons and security lanyards for safety
(a) You will need your Fob Key (or access card) to access Clubs and must swipe this and security reasons and to alert a security company in emergencies, for example,
each time you use the Facilities and Services. if you are, or feel, threatened or need medical help. You must understand how
(b) If you lose or forget your Fob Key (or access card) you may access a Club during emergency apparatus works and agree to use it only in an emergency.
Staffed Hours if you show photo ID to Club staff but this will be at the (b) If you deliberately use emergency apparatus inappropriately, you agree to pay for
discretion of the Club. You should not ask or expect another person to let you any costs, loss or damages incurred because of this inappropriate use.
into a Club at any time. (c) Clubs may also have an emergency or crisis response procedure displayed which
(c) You must not let anyone else into a Club without the approval of Club staff or must be followed in emergencies.
let anyone else use your Fob Key (or access card). If you break this term, you Be cautious
6.3
may be charged the Tailgate Fee and/or your Membership may be suspended
You must be cautious when entering, leaving a Club and using the Club and you
or cancelled.
must wear security lanyards when appropriate, for example, if exercising alone or
(d) If your Fob Key (or access card) is lost or stolen you must let us know outside Staffed Hours.
immediately and get a replacement in 14 days or you may be refused Club
6.4 Following Directions
access. A Replacement Fob Key Fee will apply.
You agree to follow any reasonable direction of Club staff relating to health,
5.3 Orientation
safety or security matters or related matters.
You may be required to participate in a Member orientation to familiarise you
7. PRIVACY
with the Facilities and Services before you use them.
7.1 Your personal information
5.4 Proper use of equipment
From when you apply for Membership, you will need to provide us with, and we
You promise to take care to use the Facilities and Services safely and properly.
will have access to personal information about you, including information relating
If you are ever not sure how to operate any equipment properly, you agree to
to your health and finances. Your personal information may be:
ask Club staff before you use it.
(a) transferred to and stored out of Australia, including to a country that does not
5.5 Guests
have the same level of privacy protection as Australia; and
You may bring a guest into a Club but only if they register with Club staff, pay a
(b) disclosed to and used by other Clubs, including overseas Clubs, for the purpose of
Guest Fee and meet our other reasonable conditions. For example, they will
allowing you access to Clubs and providing services to you (for example so that we
need to be the Minimum Age, show photo ID, complete the Pre-Exercise
can confirm your Membership if you visit our global facilities).
Questionnaire and other standard forms.
7.2 General consent
5.6 Club Rules
(a) By signing this Agreement, you consent to us collecting, using, disclosing and
Club Rules apply to everyone using the Facilities and Services. They are usually
dealing with your personal information in accordance with our privacy policy. In
displayed in a Club.
particular, you consent to the transfer and storage of your personal information
(b) Club Rules form part of this Agreement so you must make sure you read, outside Australia, and to the disclosure and use of your personal information to
understand and follow them at all times. other Clubs inside and outside Australia. You can access our privacy policy at
(c) If you break any of the Club Rules we will respond in a way we consider fair www.anytimefitness.com.au/privacy.
and appropriate. For example, in less serious cases, we may give you a warning 7.3 Up to date contact information
but in serious cases or where you have repeatedly broken Club Rules we may
You must tell us promptly if you change your contact or payment details or if there
suspend or cancel your Membership. If your breach causes us or another
is a change to other relevant personal information, including anything that may
person costs, loss or damages, you agree to pay for these.
affect health or safety.
5.7 Illegal performance enhancing or other illicit substances
7.4 Consent to use your image
You acknowledge that the distribution or use of illegal or performance
You understand that photos, films, videos or audio recordings are sometimes
enhancing drugs is prohibited and promise that you will not use or distribute
taken of Members for promotional purposes. Your permission will first be
these substances in or near the Club.
obtained if this is done. By signing this Agreement, you agree to allow your image,
5.8 Commercial activity recording or likeness to be used for any legitimate purpose by us or by Anytime
You acknowledge that engaging in any commercial or business activities in the Australia and you assign your rights in any of these materials to Anytime Fitness
Club, such as offering training services or selling goods in the Club is prohibited LLC.
unless we grant you written permission to do so. If we do give you written Other
7.5
permission, we can revoke this at any time.
(a) As noted in clause 6.1, CCTV camera recording is used in Clubs (except in
5.9 Action for risky or inappropriate conduct bathrooms).
If you behave in a risky or seriously inappropriate way, for example, if you (b) Members and guests are not allowed to take photos and/or videos in Clubs unless
threaten or harass others, damage equipment, distribute or use illicit specific permission is granted by the Club.
substances, or train other Members without our authorisation, appropriate TRANSFER
8.
action will be taken. For example, your Membership may be immediately
8.1 Your Membership may be transferred to another Club if:
suspended or cancelled (with a Cancellation Fee potentially applying), you may
be banned from joining any Club and/or we may refer the matter to (a) over 2 consecutive 30 day periods you use another Club a minimum of 4 times in
appropriate authorities. If your conduct causes us or another person costs, loss each period AND use that Club at least 50% of the time in each period; OR
or damages you agree to pay for these. (b) over 3 consecutive 30 day periods, you use another Club at least once in each of
these periods, and 100% of your visits are at the other Club.
8.2 If your Membership is transferred to another Club, your Fees, including any (b) You can cancel the Periodic Agreement with earlier effect than the End Time but
periodic or ongoing Membership Fees, may be varied to reflect the Fees you will still be liable for Membership Fees to the End Time, unless we agree
applicable in the other Club. If your Membership Fees are increased we will otherwise.
use our reasonable efforts to give you prior notice of the change unless it is
(c) If you have paid Membership Fees in advance that extend beyond the End Time,
not practicable to do so.
you will be entitled to a refund of those Fees on cancellation of the Periodic
8.3 If your Membership is transferred to another Club in another state or country, Agreement.
you may be required to sign a new Agreement compliant with the laws of that
10.4 Cancelling for medical reasons
state or country.
(a) You can cancel your Fixed Term or Periodic Agreement at any time by telling us
8.4 Your Membership may be transferred to another person who is not a current
in writing if you cannot use the Facilities and Services because you contract a
Member but only if we agree, your account is up to date, and the person you
serious illness or a permanent physical incapacity during the term of your
transfer to:
Agreement. This must be confirmed in writing by a doctor or other medical
(a) is eligible to become a Member; professional we reasonably agree to and you agree that we may contact the
(b) is able to take up your Membership (for example, if you have a corporate doctor or other professional for verification .
Membership); (b) If you cancel under clause 10.4(a), we can charge you the Administration Fee.
(c) signs a new agreement to become a Member for at least the balance of the You will also be liable for Fees incurred, i.e. your Membership Fees for the time
Fixed Term/Supply Period; you were a Member (calculated on a pro rata basis), the Joining Fee, the Fob Key
Fee and Fees for services already supplied.
(d) agrees that that the provisions of clause 2 regarding access and reciprocity will
also apply to them; and 10.5 Cancelling a Fixed Term Agreement for convenience

pays Membership Fees for at least the balance of the Fixed Term/ Supply You can cancel your Agreement at any time during the Fixed Term by telling us in
(e)
Period, or enters into a Direct Debit Payment Agreement if these Fees are to writing and paying a Cancellation Fee.
be paid periodically by direct debit; and 10.6 Other ways you can cancel
(f) pays applicable other Fees such as a Fob Key Fee and a Joining Fee. You can also cancel your Agreement in the following ways and without paying a
8.5 If our transfer policy (in clause 8.1) is changed, we will use our reasonable Cancellation Fee:
efforts to give Members prior notice of the change. (a) When prior notice is NOT required

9. PUTTING YOUR MEMBERSHIP ON HOLD You may cancel without giving us prior notice if:

9.1 You may temporarily suspend or freeze your Membership for any reason if (i) we break an Essential Term and have not fixed this in a reasonable time of you
your account is up to date and, if you have a Fixed Term Agreement, it has asking us in writing;
more than 2 weeks left. In any 12 month period you may freeze your (ii) you become bankrupt and give us proof (such as supporting documents) to our
Membership 2 times for up to 3 months for both periods combined. reasonable satisfaction;
9.2 We may agree to freeze your Membership for more than the period noted in (iii) we change this Agreement in a way that adversely affects you (this does not
clause 9.1 for travel, medical or hardship reasons but you must give us proof include a variation of Fees in the case of a transfer of Membership); or
(such as supporting documents) to our reasonable satisfaction.
(iv) you become entitled to cancel under consumer laws.
9.3 The Freeze Fee usually applies during any freeze period.
(b) When prior notice is required
9.4 While your Membership is frozen, the Fixed Term/Supply Period will be
You may cancel by giving us 30 days written notice if you relocate more than 15
extended for the same time as the freeze period. Direct debit payments that
km from a Club and you give us proof to our reasonable satisfaction.
fall in the freeze period will also be frozen (except the Freeze Fee).
(c) Applicable Fees
10. WHEN YOU CAN END THIS AGREEMENT
If you cancel your Agreement under clause 10.6(a) or (b), you will be liable for
10.1 Notice
Fees incurred, i.e. your Membership Fees for the time you were a Member
If you need to notify or tell us anything in writing under this clause: (calculated on a pro rata basis), the Joining Fee, the Fob Key Fee and Fees for
(a) you can give this to us in person, by e mail or post; services already supplied. These Fees are not refundable except in very limited

(b) it would be useful (but not required) if you complete any standard circumstances related to clauses 10.6(a) (i) and (iv).
documentation we may have such as a cancellation form and provide your 11. WHEN WE CAN END THIS AGREEMENT
Membership number (if you know it);
11.1 In addition to our other rights under this Agreement, we may cancel your
(c) if you do not use our standard documentation, your notice must include your Membership if you breach any obligation under this Agreement that can’t be
name, Club, address, phone, email, ID details and signature and explain why fixed or if you breach an obligation that can be fixed but you do not fix it in a
you wish to cancel; and reasonable time.
(d) you must also attach required proof such as a medical certificate. 11.2 If we cancel your Membership under clause 11.1, you will be liable for Fees
10.2 Cancelling a Fixed Term Agreement at the end of the Fixed Term incurred, i.e. your Membership Fees for the time you were a Member (calculated
If this is a Fixed Term Agreement, you do not need to do anything, as your on a pro rata basis), the Joining Fee, the Fob Key Fee and Fees for services
Membership will end when the Fixed Term ends. We may contact you before already supplied. We may also charge a Cancellation Fee and recover costs, loss
your Membership ends to discuss renewal. If you choose to renew your or damages caused by your breach.
Membership by signing a new agreement before the Fixed Term ends, a 11.3 You promise you are not bankrupt or insolvent and are able to pay applicable
Joining Fee will not apply. Your Membership cannot be renewed more than Fees at the time of signing. You agree that you will tell us promptly if you believe
90 days before the end of the Fixed Term. you will be unable to pay your Membership Fees for an extended period. We may
10.3 Cancelling a Periodic Agreement cancel your Membership if you become bankrupt or insolvent.

(a) If this is a Periodic Agreement, you may cancel during any Supply Period by 11.4 If we cancel your Membership under clause 11.3 you will be liable for Fees
giving us written notice. The cancellation will take effect at the End Time but incurred, i.e. your Membership Fees for the time you were a Member (calculated
subject to clause 10.3(b) on a pro rata basis), the Joining Fee, the Fob Key Fee and Fees for services
already supplied.
 FEES
12. 12.9 Refunds and the Credit Code
General
12.1 We can deduct all Fees and charges that you must pay under this Agreement from
The Fees you have to pay are set out in the Details. Some rights and any refund we give you.
(a)
obligations that apply in relation to particular Fees are set out in this clause.
13. DIRECT DEBIT
If you do not make any payment when it is due, your Membership may be
(b) 13.1 Direct Debit Payment Agreement
suspended and you could be refused access to Clubs and to Facilities and
Services until all outstanding amounts have been paid. (a) If you pay any Fees, including ongoing Membership Fees, by direct debit, then this
will be through our Biller (not us).
Your Membership may also be terminated if any Fees remain unpaid for an
(c) (b)
extended period. You will still be liable for all unpaid amounts. A Cancellation You will be provided with a copy of Direct Debit Payment Agreement of the Biller
Fee may also apply. which applies to any direct debit services. The Direct Debit Payment Agreement,
which we are not a party to, is entirely separate to this Agreement.
Joining Fee
12.2 13.2 Authority to deduct Fees
We will charge you the Joining Fee to cover the set up costs for your
Membership. This is not refundable except in very limited circumstances By nominating a credit or debit account, you authorise our Biller, to deduct from
related to clauses 3 and 10.6(a) (i) and (iv). that account all Fees and other charges you are responsible for under this
Agreement. You must keep your account details up to date.
Pro-Rata Fee
12.3 13.3 Late or rejected direct debit payments (Also see clause 12.7)
If you pay by direct debit and your Start Date begins after the first day of the
relevant Direct Debit Payment Period, you will only be charged the applicable (a) You must ensure there is enough money in your nominated account on the usual
portion of the Direct Debit Amount. The same applies if you have a Fixed payment, or the next working day if that falls on a day when banks do not process
Term Agreement and the Direct Debit Payment Period ends after the last day payments.
of the Agreement. (b) If there is not enough money in your nominated account on the usual payment day,
Fob Key Fee or there is another reason that your account was unable to be debited (except one
12.4 within the Biller’s control), you will be charged the Biller’s Administration Fee. This
This is the Fee charged to buy a Fob Key. This is not refundable except in very
will be added to your next debit amount. Prior arrears may also be included.
limited circumstances related to clauses 3 and 10.6(a) (i) and (iv). If you need a
replacement Fob Key, a Replacement Fob Key Fee will apply. (c) You authorise our Biller to deduct any unpaid arrears outstanding on your account.

Membership Fees (d) Your bank or credit provider may charge you a fee for overdrawing your account if
12.5
you do not have enough money in your account when payment is due.
If this is a Fixed Term Agreement you can pre-pay your Membership Fees (pay
(a)
them up front) when you sign this Agreement, or you can elect to pay by 14. OTHER SERVICES
equal periodic instalments provided this option is available in our Club. 14.1 There may be other services, including personal training services, offered at Clubs
If this is an Periodic Agreement, you must pay Membership Fees periodically by us, contractors, licensees and others which are offered separately and/or in
(b)
in advance until your Agreement ends. addition to services provided under this Agreement. You will need to pay applicable
fees directly to the providers of the services and agree to separate terms and
Cancellation Fee
12.6 conditions.
A Cancellation Fee is payable if you want to cancel a Fixed Term Agreement
(a) for your convenience in the Fixed Term. 14.2 We are not responsible for these third party provided services including fees or any
associated costs claims or refunds, unless they are provided by us.
A Cancellation Fee may (at our reasonable discretion) also be payable by you
(b) 15. CHANGES TO YOUR AGREEMENT
if your Membership is ended by us under clause 5.9, clause 11.1 or clause
12.1(c). 15.1 We may sometimes make changes to this Agreement, including our Club Rules. If
we do this, we will try to do this fairly and by giving you a chance to cancel your
If you do not pay a Fee when due
12.7 Membership if you are adversely affected by the change and do not agree to it.
If you do not pay a Fee or other amount you owe when due, we can suspend
(a) 15.2 We will make reasonable efforts to tell you of any change in advance and when it
your Membership until all amounts have been paid. This is in addition to our
will take effect. Subject to other Terms, the effective date will generally be at least
other rights under this Agreement, including those under clause 11.1. Other
30 days from the date we tell you about the change unless it is not practical for us
consequences may also apply with respect to late or rejected direct debit
to tell you at this time. Your Membership will be amended from the effective date.
payments (see clause 13.3).
Fees and charges continue to accrue during a suspension under clause 12.7(a). 15.3 You cannot cancel under this clause in the case of a transfer of your Membership
(b) or if we have to make the change to comply with a law or a direction of a relevant
Fee increases authority.
12.8
During the Fixed Term or any Supply Period: 16. OUR LIABILITY TO YOU
(a)
your Membership Fees will not be increased (except in the case of a transfer 16.1 Statutory guarantees
(i)
of your Membership (see clause 12.8 (c));
(a) Under the ACL we guarantee that the services we supply:
other Fees may, however, be varied.
(ii) (i) are provided with due care and skill;
After the Fixed Term or any Supply Period, all Fees may be increased.
(b) (ii) are reasonably fit for any purpose you have told us you are using the services for
If your Membership is transferred to another Club, your Membership Fees or told us you wish to achieve; and/or
(c)
(and other Fees) may be varied to reflect those which are applicable at the
(iii) are supplied in a reasonable time.
other Club even if your Membership is transferred in the Fixed Term or any
Supply Period. (b) Under certain legislative provisions, however, we can ask you to accept some
limitations to the ACL guarantees.
We will make reasonable efforts to tell you of any Fee changes. Subject to
(d)
clause 8.2, if your Membership Fees are to be increased, an e mail will be sent (c) If you sign this Agreement, you agree, to the extent allowed by section 139A of the
to you at least 2 weeks before the increase. CCA, to exclude or modify our liability to you for death or injury from our failure to
comply with ACL guarantees.
If your Fees are varied, you authorise any debits from your nominated account
(e)
to also be varied. (d) This exclusion does not apply if your death or injury is caused by our “reckless
conduct” (as defined in the CCA).
16.2 State based notices: South Australia only (f) We will try, but cannot promise we will be able, to tell you about any Club
The ACL Exclusion Notice (South Australia): "Recreational Services exclusion, closures in advance.
restriction or modification of rights under the ACL (SA)" applies if it is attached 19. COMPLAINTS AND FEEDBACK
to this Agreement and signed by you. 19.1 If you have any concerns about the Facilities and Services or anything else
16.3 Other implied terms in relation to your Membership, you should first raise it with Club staff.

Nothing in this Agreement excludes, restricts or modifies any terms, 19.2 If you are uncomfortable about approaching, or do not wish to approach
conditions, warranties, guarantees, rights or remedies which cannot lawfully Club staff, or are not happy with the response given, you may send a
be excluded, restricted or modified. Otherwise, unless expressly included in complaint to the head office of Anytime Australia by e mail to
this Agreement, all implied terms, conditions, warranties, guarantees, rights [email protected].
or remedies that can be lawfully excluded are excluded. In particular, but 19.3 Complaints will be dealt with in accordance with the Anytime Fitness
subject to clause 16.1 and 16.2, we are not liable for death or injury caused by complaints policy.
our negligence or breach of implied terms that services will be provided with 20. GENERAL LEGAL MATTERS
reasonable care and skill at common law. This does not exclude our liability
20.1 Unexpected events
for reckless conduct.
We are not responsible if Members cannot use our Club because of an
16.4 Loss of property
event caused by a natural force (such as a fire or a flood) or a road or
You promise not to unnecessarily bring valuables into a Club and agree that it building closure or something similar beyond our reasonable control. If this
is not the obligation of the Club to look after unattended property. continues for more than 30 days, then either you or we may cancel this
17. YOUR RESPONSIBILITY FOR DAMAGE Agreement immediately by written notice. No Fee will apply.
You agree to pay for any loss or damage to the Club or the Facilities and 20.2 Severability
Services caused by you or your guests through a wilful, wrongful or negligent If a court decides that any part of this Agreement is or becomes illegal,
act or as a result of your, or their, breach of this Agreement. void or unenforceable, that part is deleted and this does not invalidate the
18. CLUB CLOSURES rest of this Agreement.
(a) We may need to close our Club for a period of time, for example, due to an 20.3 Waiver
emergency, or if required by a court order or by law. If we do not enforce our rights under this Agreement at any time, it does
(b) We may close our Club up to 14 days in any 30 day period under clause 18(a) not mean that we may not do so in future.
and keep charging Membership Fees.
20.4 Entire Agreement
(c) If we close the Club for between 15 and 30 days under clause 18(a) in any 30 You agree that we have not made any representations or promises that
day period, clause 18(e) applies. you have relied that are not in this Agreement.
(d) We may also close the Club for up to 30 consecutive days if it is being 20.5 Applicable law
refurbished or relocated.
The law of the state/territory set out in the Details applies to this
(e) If we close the Club under clause 18(c) or 18(d) we may keep charging Agreement.
Membership Fees if you are able and willing to use another Club. If you are
not able or willing to use another Club we will freeze your Membership at no
cost to you and extend your Agreement for a time equal to the closed period.

To view these terms online, please visit www.anytimefitness.com.au/membershipagreement

-END-
 ACL Exclusion Notice

Recreational Services exclusion, restriction or modification of rights under the ACL (SA)

Under sections 60 and 61 of the Australian Consumer Law (SA), if a person in trade or commerce supplies you with
services (including recreational services*), there is:

• a statutory guarantee that those services will be rendered with due care and skill; and

• a statutory guarantee that those services, and any product resulting from those services, will be reasonably fit for the
purpose for which the services are being acquired (as long as that purpose is made known to the supplier); and

• a statutory guarantee that those services, and any product resulting from those services, will be of such a nature, and
quality, state or condition, that they might reasonably be expected to achieve the result that the consumer wishes to
achieve (as long as that wish is made known to the supplier or a person with whom negotiations have been conducted
in relation to the acquisition of the services).

Excluding, restricting or modifying your rights

Under section 42 of the Fair Trading Act 1987, the supplier of recreational services is entitled to ask you to agree to
exclude, restrict or modify his or her liability for any personal injury suffered by you or another person for whom or on whose
behalf you are acquiring the services (a third party consumer).

If you sign this form, you will be agreeing to exclude, restrict or modify the Fitness Business’ liability with the result that
compensation may not be payable if you or the third party consumer suffer personal injury**.

Important

You do not have to agree to exclude, restrict or modify your rights by signing this form.

The supplier may refuse to provide you with the services if you do not agree to exclude, restrict or modify your rights by
signing this form.

Even if you sign this form, you may still have further legal rights against the supplier.

A child under the age of 18 cannot legally agree to exclude, restrict or modify his or her rights.

A parent or guardian of a child who acquires recreational services for the child cannot legally agree to exclude, restrict
or modify the child's rights.

Agreement to exclude, restrict or modify

your rights:
I agree that the liability of the Fitness Business for any personal injury that may result from the supply of the recreational
services that may be suffered by me (or a person for whom or on whose behalf I am acquiring the services) is-

(a) excluded;
(b) restricted:
(c) modified as set out below:

Signature Date

Signature of witness: Witness details:

Definitions

* Recreational services are services that consist of participation in:

• a sporting activity or similar leisure-time pursuit; or
• any other activity that involves a significant degree of physical exertion or risk
and is undertaken for the purposes of recreation, enjoyment or leisure.

** Personal injury is bodily injury and includes mental and nervous shock and death.

Further information: Further information about your rights can be found at www.ocba.sa.gov.au
adelaide.jamesplace@anyti MEMBER COPY (Page 1)

Membership Agreement - South Australia

IMPORTANT NOTICE
The Anytime Fitness® chain comprises a network of independently owned and operated fitness Clubs, including our Club.
This is an Agreement under which you agree to become a Member of our Club (or to renew your Membership). It is made up of this
Important Notice, the Details section, the attached Terms and any other document attached or referred to, including our Club Rules, our
privacy policy and the Special Conditions for 16-17 Year Olds, if applicable.
When you sign this Agreement you are entering into a legally binding contract with us.
This Agreement sets out your rights to use the Facilities and Services and the responsibilities you have as a Member. These responsibilities,
including payment of Membership Fees, do not depend on how often you use the Facilities and Services.
What is set out in this Agreement overrides any statements made by you or us before you sign it so you should read through it fully to make
sure it reflects your expectations. If you are unsure whether any particular statements that you have relied on are part of this Agreement, or
if you have any queries regarding this Agreement, please ask us before you sign.
Words in Bold type and capitalised first letters are defined in clause 1 of the attached Terms.

THIS AGREEMENT IS SUBJECT TO A 7 DAY COOLING OFF PERIOD

TYPE OF AGREEMENT
You must choose the type of agreement you wish to have by ticking and initialing the relevant box below:
Periodic Agreement: A Periodic Agreement, or an ongoing agreement, is an agreement which will continue from Supply Period to Supply
Period until you or we terminate it in the way set out in the Terms. The Supply Period under this Agreement is a period of one month.

Your initials
Direct Debit Information: If an automatic direct debit arrangement is in place, your Membership Fees will continue to be debited from your account until you or
we cancel the arrangement by advising your bank or credit provider. If you end this Agreement or stop the automatic debit arrangement in a way not described
in this Agreement, you may be liable for unpaid Fees or damages for breach of contract. You should, however, cancel any direct debit authorisation for payment
when your Agreement lawfully ends.

SUMMARY OF SOME KEY TERMS

Cooling Off: You can cancel this Agreement within 7 days from the Start Date by giving us written notice (see Details and clause 3).
Your Safety: Each time you use the Facilities and Services, 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 seek medical guidance (see clause 5.1).

Access and Reciprocity: When you join our Club you can access and use our Club and our Facilities and Services. After the first 31 days of your Membership,
you will also be able to access and use all other Clubs (see clause 2).
Membership Transfer and Assignment of this Agreement: As a broad rule, if you use another Club more than our Club, (using the criteria set out in this
Agreement) your Membership and this Agreement will be transferred from our Club to the Club you visit the most. If this happens, the Fees, including your
Membership Fees, may change (see clause 8).
Putting Your Membership on Hold: In any period of 12 months you can usually ‘freeze’ your Agreement twice for up to 3 months for both periods combined.
If we agree, you may freeze your Agreement more than this for travel, medical or hardship reasons but must give us proof. A minimum freeze period may
apply and a weekly Freeze Fee may also be charged. Your Membership will usually be extended by the period your Agreement is frozen for (see clause 9).
Cancelling for Medical Reasons or Relocation: You can cancel your Membership if you contract a permanent physical incapacity or serious illness as confirmed
by a doctor we reasonably agree to and you pay the Administration Fee. You can also cancel on 30 days written notice if you relocate more than 15 km away
from a Club and supply proof (see Details and clause 10).
Cancelling a Fixed Term Agreement for your Convenience: You can cancel for your convenience if you pay the Cancellation Fee which is the higher of 50% of
the balance due or a sum equal to 30 days Membership Fees (see clause 10).
Cancelling a Periodic Agreement: You may cancel during any Supply Period by giving us written notice. The cancellation will take effect at the End Time. The
End Time is the end of that Supply Period if your notice was given at least 14 days before. Otherwise, the End Time is the end of the next Supply Period. You
can cancel the Agreement with earlier effect but you will still be liable for Membership Fees on the basis that it was cancelled at the End Time. (see clause 10).
Not Enough Money in Account when Fees are Due: Your bank or credit provider may charge you a fee for overdrawing your account. Our third-party Biller
also charges the Biller’s Administration Fee (see the Details and clause 13).

Your initials
 CLUB COPY (Page 1)

Membership Agreement - South Australia

IMPORTANT NOTICE
The Anytime Fitness® chain comprises a network of independently owned and operated fitness Clubs, including our Club.
This is an Agreement under which you agree to become a Member of our Club (or to renew your Membership). It is made up of this
Important Notice, the Details section, the attached Terms and any other document attached or referred to, including our Club Rules, our
privacy policy and the Special Conditions for 16-17 Year Olds, if applicable.
When you sign this Agreement you are entering into a legally binding contract with us.
This Agreement sets out your rights to use the Facilities and Services and the responsibilities you have as a Member. These responsibilities,
including payment of Membership Fees, do not depend on how often you use the Facilities and Services.
What is set out in this Agreement overrides any statements made by you or us before you sign it so you should read through it fully to make
sure it reflects your expectations. If you are unsure whether any particular statements that you have relied on are part of this Agreement, or
if you have any queries regarding this Agreement, please ask us before you sign.
Words in Bold type and capitalised first letters are defined in clause 1 of the attached Terms.

THIS AGREEMENT IS SUBJECT TO A 7 DAY COOLING OFF PERIOD

TYPE OF AGREEMENT

You must choose the type of agreement you wish to have by ticking and initialing the relevant box below:
Periodic Agreement: A Periodic Agreement, or an ongoing agreement, is an agreement which will continue from Supply Period to Supply
Period until you or we terminate it in the way set out in the Terms. The Supply Period under this Agreement is a period of one month.

Your initials
Direct Debit Information: If an automatic direct debit arrangement is in place, your Membership Fees will continue to be debited from your account until you or
we cancel the arrangement by advising your bank or credit provider. If you end this Agreement or stop the automatic debit arrangement in a way not described
in this Agreement, you may be liable for unpaid Fees or damages for breach of contract. You should, however, cancel any direct debit authorisation for payment
when your Agreement lawfully ends.

SUMMARY OF SOME KEY TERMS

Cooling Off: You can cancel this Agreement within 7 days from the Start Date by giving us written notice (see Details and clause 3).
Your Safety: Each time you use the Facilities and Services, 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 seek medical guidance (see clause 5.1).

Access and Reciprocity: When you join our Club you can access and use our Club and our Facilities and Services. After the first 31 days of your Membership,
you will also be able to access and use all other Clubs (see clause 2).
Membership Transfer and Assignment of this Agreement: As a broad rule, if you use another Club more than our Club, (using the criteria set out in this
Agreement) your Membership and this Agreement will be transferred from our Club to the Club you visit the most. If this happens, the Fees, including your
Membership Fees, may change (see clause 8).
Putting Your Membership on Hold: In any period of 12 months you can usually ‘freeze’ your Agreement twice for up to 3 months for both periods combined.
If we agree, you may freeze your Agreement more than this for travel, medical or hardship reasons but must give us proof. A minimum freeze period may
apply and a weekly Freeze Fee may also be charged. Your Membership will usually be extended by the period your Agreement is frozen for (see clause 9).
Cancelling for Medical Reasons or Relocation: You can cancel your Membership if you contract a permanent physical incapacity or serious illness as confirmed
by a doctor we reasonably agree to and you pay the Administration Fee. You can also cancel on 30 days written notice if you relocate more than 15 km away
from a Club and supply proof (see Details and clause 10).
Cancelling a Fixed Term Agreement for your Convenience: You can cancel for your convenience if you pay the Cancellation Fee which is the higher of 50% of
the balance due or a sum equal to 30 days Membership Fees (see clause 10).
Cancelling a Periodic Agreement: You may cancel during any Supply Period by giving us written notice. The cancellation will take effect at the End Time. The
End Time is the end of that Supply Period if your notice was given at least 14 days before. Otherwise, the End Time is the end of the next Supply Period. You
can cancel the Agreement with earlier effect but you will still be liable for Membership Fees on the basis that it was cancelled at the End Time. (see clause 10).
Not Enough Money in Account when Fees are Due: Your bank or credit provider may charge you a fee for overdrawing your account. Our third-party Biller
also charges the Biller’s Administration Fee (see the Details and clause 13).

Your initials
 MEMBER COPY (Page 2)
DETAILS

Anytime Fitness Club Company Name ABN/ACN

“Us” “Our”
Trading Name

Address State
E Mail

Name ID (eg. Licence)

Member
"You" "Your" Address

E Mail Phone

Birth Date Gender

Emergency Contact Phone

Supply Period/Fixed Term 12 months for Fixed Term Agreement but 1 month for supply period for Periodic Agreements
If our Club is open, the date you sign this Agreement (unless we agree to a later date). Otherwise, the date our
Start Date
Club opens - provided we have given you prior notice of that date. If we have not given you prior notice, the
Start Date is the day you are notified that our Club has opened.

Cooling Off End 7 days after the Start Date (ending at 11.59 pm on that day)

Membership Fee for Supply Period/Fixed Term $

Fees
Other Joining Fee $
Fob Key Fee $
Other $
Total $
Other Fees Administration Fee A sum equal to 30 days Membership Fees
Cancellation Fee The higher of 50% of the balance due for the Fixed Term
or a sum equal to 30 days Membership Fees

Billers Administration Fee $7.50

Freeze Fee (per week) $2.50 (Maximum)
Guest Fee (per visit) $30.00 (Maximum)
Pro Rata Fee (initial) $
Pro Rata Fee (end) $
Tailgate Fee $60.00 (Maximum)
Other - eg exercise consultation $

Payment of Membership Pre-payment for Supply

Periodic payment by direct debit
Fees (Please choose) Period/Fixed Term

Direct Debit Payment Each fortnight -in advance Each month - in advance
Period (Please choose) (subject to availability)

Periodic Direct Debit Each fortnight (subject to

$ $ Each month
Amount (May vary on Membership availability)
transfer or after Minimum Term)

SIGNING PART
I/we have read through this Agreement in full, understand my/our obligations under it and agree to be bound by it

I/we agree to be bound by the provisions of this Agreement

16 and 17 Year Olds: You may join an “Approved Club” as long as you agree to follow the Special Conditions for 16-17 Year Olds. You promise you
have read and understand these and will act in accordance with them. Your parent or guardian must also co-sign this Agreement, your Pre-Exercise
Questionnaire and the Special Conditions for 16-17 Year Olds

Member signature Date

By co-signing below, the parent or guardian of a 16 or 17 year old agrees to this Agreement, agrees to accept personal responsibility to ensure the 16
or 17 year old complies with it, and also agrees to rectify any breaches by the 16 or 17 year old.

Parent/guardian signature Date

Name and ID Relationship

Office Use Only

All signing persons have read the Agreement ID shown and Details have been completed Orientation completed
Pre-Exercise Questionnaire Completed ACL Exclusion clause signed for SA 16-17 year old requirements completed
 CLUB COPY (Page 2)
DETAILS

Anytime Fitness Club Company Name ABN/ACN

“Us” “Our”
Trading Name

Address State
E Mail

Name ID (eg. Licence)

Member
"You" "Your" Address

E Mail Phone

Birth Date Gender

Emergency Contact Phone

Supply Period/Fixed Term 12 months for Fixed Term Agreement but 1 month for supply period for Periodic Agreements

If our Club is open, the date you sign this Agreement (unless we agree to a later date). Otherwise, the date our
Start Date
Club opens - provided we have given you prior notice of that date. If we have not given you prior notice, the
Start Date is the day you are notified that our Club has opened.

Cooling Off End 7 days after the Start Date (ending at 11.59 pm on that day)

Fees Membership Fee for Supply Period/Fixed Term $

Other Joining Fee $
Fob Key Fee $
Other $
Total $

Other Fees Administration Fee A sum equal to 30 days Membership Fees

Cancellation Fee The higher of 50% of the balance due for the Fixed Term
or a sum equal to 30 days Membership Fees
Billers Administration Fee $7.50
Freeze Fee (per week) $2.50 (Maximum)
Guest Fee (per visit) $30.00 (Maximum)
Pro Rata Fee (initial) $
Pro Rata Fee (end) $
Tailgate Fee $60.00 (Maximum)
Other - eg exercise consultation $

Payment of Membership Pre-payment for Supply

Periodic payment by direct debit
Fees (Please choose) Period/Fixed Term

Direct Debit Payment Each fortnight -in advance Each month - in advance
Period (Please choose) (subject to availability)

Periodic Direct Debit Each fortnight (subject to

$ $ Each month
Amount (May vary on Membership availability)
transfer or after Minimum Term)

SIGNING PART
I/we have read through this Agreement in full, understand my/our obligations under it and agree to be bound by it
I/we agree to be bound by the provisions of this Agreement

16 and 17 Year Olds: You may join an “Approved Club” as long as you agree to follow the Special Conditions for 16-17 Year Olds. You promise you
have read and understand these and will act in accordance with them. Your parent or guardian must also co-sign this Agreement, your Pre-Exercise
Questionnaire and the Special Conditions for 16-17 Year Olds

Member signature Date

By co-signing below, the parent or guardian of a 16 or 17 year old agrees to this Agreement, agrees to accept personal responsibility to ensure the 16
or 17 year old complies with it, and also agrees to rectify any breaches by the 16 or 17 year old.

Parent/guardian signature Date

Name and ID Relationship

Office Use Only

All signing persons have read the Agreement ID shown and Details have been completed Orientation completed
Pre-Exercise Questionnaire Completed ACL Exclusion clause signed for SA 16-17 year old requirements completed
 TERMS

1. DEFINITIONS Periodic Agreement: an agreement that continues on a periodic basis from

Supply Period to Supply Period until terminated under clause 10.
Administration Fee: the Fee payable under clause 10.4 (b) as set out in the
Details. Pre-Exercise Questionnaire: the questionnaire or other screening we may
require you to answer before using the Facilities and Services.
Agreement: this Agreement as described in the Important Notice.
Pro Rata Fee: the Fee/s that may be applicable under clause 12.3 and set out in
Anytime Australia: Anytime Australia Pty Ltd, ACN 131 035 491, which is the
the Details.
Australian Anytime Fitness franchisor.
Replacement Fob Fee: the amount payable under clause 5.2(d) as set out in the
Anytime Fitness LLC: Anytime Fitness LLC of Minnesota USA which owns the
Details.
Anytime Fitness system, trademark and other intellectual property.
Start Date: when this Agreement starts as set out in the Details.
Approved Club: a Club that has been approved by Anytime Australia to offer
memberships to 16 and 17 year olds. Special Conditions for 16-17 Year Olds: the special conditions set out in the
document headed “Special Conditions for 16-17 Year Olds” and referred to in
ACL: means the Australian Consumer Law in the CCA.
clause 4.
Biller: Our third party biller, Debitsuccess Pty Ltd, A.B.N 32 095 551 581.
Staffed Hours: the times a Club is staffed. These times may not be fixed and will
Biller’s Administration Fee: the Fee charged by the Biller under clause 13.3(b) also vary from Club to Club.
as set out in the Details.
Supply Period: the minimum term of a Periodic Agreement, as set out in the
Cancellation Fee: the Fee payable under clause 12.6 as set out in the Details. Details, which is ordinarily a period of 1 month.
CCA: the Competition and Consumer Act 2010 (Cth). Tailgate Fee: the Fee you will be charged if you allow another person to access a
Club: an Anytime Fitness club. Club without permission.

Club Rules: the rules that are referred to in clause 5.6. Terms: the part of this Agreement described as the “Terms”.

Details: the part of this Agreement described as the “Details”. 2. JOINING, ACCESS AND RECIPROCITY

Direct Debit Amount: what you agree to pay by direct debit each Direct Debit 2.1 When you join our Club, you will need to give us information noted in the
Payment Period as set out in the Details. Details and provide us with photographic identification. If you join under a
particular offer, such as a corporate offer, you will also need to give us proof
Direct Debit Payment Agreement: the periodic billing agreement you enter
that you are eligible for that offer.
into with our third party Biller for periodic billing services.
2.2 On joining we will give you a Fob Key or access card that will let you access and
Direct Debit Payment Period: the frequency of your direct debit payments as
use our Club and the Facilities and Services.
set out in the Details.
2.3 After the first 31 days, you will also be able to access and use all other Clubs
End Time: for the purposes of providing notice for the cancellation of a
under the provisions of this Agreement provided that you continue to be a
Periodic Agreement, the End Time is the end of a Supply Period where notice
Member and your Membership has not been suspended.
is given at least 14 days before the end of that Supply Period. Otherwise, the
End Time is the end of the next Supply Period. 3. COOLING OFF

Essential Term: a term of this Agreement that is so important you would not 3.1 If you change your mind after joining, you have 7 days to cool off or cancel your
have signed the Agreement without it, for example, a requirement that the Membership starting on the Start Date. To be effective, you must let us know in
Facilities and Services are available 24 hours a day 7 days a week (subject to writing at any time during this 7 day cooling off period. Your written
clause 18, clause 20.1 and the Special Conditions for 16 and 17 Year Olds). If cancellation can be given to us personally, by post or by e mail.
there is a disagreement as to whether a term is an Essential Term, the matter 3.2 If you cancel your Membership under clause 3.1, we will charge you the Fob
will be reasonably determined by Anytime Australia. Key Fee and fees for any services or products already supplied but the Joining
Facilities and Services: includes Club premises and all exercise areas, bath Fee and Membership Fees will be refunded.
rooms, equipment, weights, benches, machines, mats and any programs, 4. MINIMUM AGE
products, classes and services that you may use (excluding services referred to For safety and security reasons you must be at least 18 years old to become a
4.1
in clause 14). Member. However, if you are 16 or 17 years of age, and both you and your
Fees: fees that apply under this Agreement as set out in the Details and parent or guardian agree to the Special Conditions for 16-17 Year Olds (which
referred to in clause 12. are for your protection), you may join us if we are an Approved Club.
Fixed Term: the Fixed Term of a Fixed Term Agreement, as set out in the 4.2 If you are a 16 or 17 year old, your Membership may be immediately cancelled
Details, which is for a maximum period of 12 months. if you break one of the Special Conditions for 16-17 Year Olds.
Fixed Term Agreement: an agreement which automatically ends at the end of 5. HEALTH AND SAFETY AND ACCEPTABLE CONDUCT
the Fixed Term.
5.1 Your physical condition
Fob Key: the access key that allows you to access Clubs.
(a) When you sign this Agreement and each time you use the Facilities and
Fob Key Fee: the Fee payable under clause 12.4 as set out in the Details. Services, you must ensure you are in good physical condition and know of no
Guest Fee: the Fee payable under clause 5.5 as set out in the Details. medical or other reason why you should not exercise. If unsure, you should not
use the Facilities and Services until you have sought appropriate medical
Important Notice: the part of this Agreement described as this.
guidance and been given the go-ahead.
Joining Fee: the Fee payable under clause 12.2 as set out in the Details.
(b) You agree to give us all relevant personal health and fitness information both
Member: a Club member. before and during the course of any exercise program or other activity. You also
Membership: another word used to refer to this Agreement. agree to complete our Pre-Exercise Questionnaire. In some cases, responses
you give will require that you get medical guidance before exercising. You
Membership Fees: the Fees you pay to access the Facilities and Services as
acknowledge that pre-exercise or other screening is no substitute for medical
referred to under clause 12 and set out in the Details.
advice and does not guarantee against injury or death.
Minimum Age: the minimum age to become a Member and use the Facilities
and Services and referred to in clause 4.
(c) You promise that information you give us will be true and accurate and not 6. SECURITY
misleading in any way. 6.1 24 Hour CCTV cameras
(d) You must not use the Facilities and Services if you are suffering from any Club premises have CCTV security cameras recording 24-hours a day (except in
illness, disease, injury or other condition that could be a risk to your health or bathrooms) and may have remote video guarding services. This system is used for
safety or that of other Members and others. security purposes but does not guarantee against harm. You should contact the
(e) We may suspend or cancel your Membership if we have reason to suspect that Club if you have questions on this.
you have not complied with clause 5.1. Emergencies
6.2
5.2 Your Fob Key (a) Clubs have an emergency phone, panic buttons and security lanyards for safety
(a) You will need your Fob Key (or access card) to access Clubs and must swipe this and security reasons and to alert a security company in emergencies, for example,
each time you use the Facilities and Services. if you are, or feel, threatened or need medical help. You must understand how
(b) If you lose or forget your Fob Key (or access card) you may access a Club during emergency apparatus works and agree to use it only in an emergency.
Staffed Hours if you show photo ID to Club staff but this will be at the (b) If you deliberately use emergency apparatus inappropriately, you agree to pay for
discretion of the Club. You should not ask or expect another person to let you any costs, loss or damages incurred because of this inappropriate use.
into a Club at any time. (c) Clubs may also have an emergency or crisis response procedure displayed which
(c) You must not let anyone else into a Club without the approval of Club staff or must be followed in emergencies.
let anyone else use your Fob Key (or access card). If you break this term, you Be cautious
6.3
may be charged the Tailgate Fee and/or your Membership may be suspended
You must be cautious when entering, leaving a Club and using the Club and you
or cancelled.
must wear security lanyards when appropriate, for example, if exercising alone or
(d) If your Fob Key (or access card) is lost or stolen you must let us know outside Staffed Hours.
immediately and get a replacement in 14 days or you may be refused Club
6.4 Following Directions
access. A Replacement Fob Key Fee will apply.
You agree to follow any reasonable direction of Club staff relating to health,
5.3 Orientation
safety or security matters or related matters.
You may be required to participate in a Member orientation to familiarise you
7. PRIVACY
with the Facilities and Services before you use them.
7.1 Your personal information
5.4 Proper use of equipment
From when you apply for Membership, you will need to provide us with, and we
You promise to take care to use the Facilities and Services safely and properly.
will have access to personal information about you, including information relating
If you are ever not sure how to operate any equipment properly, you agree to
to your health and finances. Your personal information may be:
ask Club staff before you use it.
(a) transferred to and stored out of Australia, including to a country that does not
5.5 Guests
have the same level of privacy protection as Australia; and
You may bring a guest into a Club but only if they register with Club staff, pay a
(b) disclosed to and used by other Clubs, including overseas Clubs, for the purpose of
Guest Fee and meet our other reasonable conditions. For example, they will
allowing you access to Clubs and providing services to you (for example so that we
need to be the Minimum Age, show photo ID, complete the Pre-Exercise
can confirm your Membership if you visit our global facilities).
Questionnaire and other standard forms.
7.2 General consent
5.6 Club Rules
(a) By signing this Agreement, you consent to us collecting, using, disclosing and
Club Rules apply to everyone using the Facilities and Services. They are usually
dealing with your personal information in accordance with our privacy policy. In
displayed in a Club.
particular, you consent to the transfer and storage of your personal information
(b) Club Rules form part of this Agreement so you must make sure you read, outside Australia, and to the disclosure and use of your personal information to
understand and follow them at all times. other Clubs inside and outside Australia. You can access our privacy policy at
(c) If you break any of the Club Rules we will respond in a way we consider fair www.anytimefitness.com.au/privacy.
and appropriate. For example, in less serious cases, we may give you a warning 7.3 Up to date contact information
but in serious cases or where you have repeatedly broken Club Rules we may
You must tell us promptly if you change your contact or payment details or if there
suspend or cancel your Membership. If your breach causes us or another
is a change to other relevant personal information, including anything that may
person costs, loss or damages, you agree to pay for these.
affect health or safety.
5.7 Illegal performance enhancing or other illicit substances
7.4 Consent to use your image
You acknowledge that the distribution or use of illegal or performance
You understand that photos, films, videos or audio recordings are sometimes
enhancing drugs is prohibited and promise that you will not use or distribute
taken of Members for promotional purposes. Your permission will first be
these substances in or near the Club.
obtained if this is done. By signing this Agreement, you agree to allow your image,
5.8 Commercial activity recording or likeness to be used for any legitimate purpose by us or by Anytime
You acknowledge that engaging in any commercial or business activities in the Australia and you assign your rights in any of these materials to Anytime Fitness
Club, such as offering training services or selling goods in the Club is prohibited LLC.
unless we grant you written permission to do so. If we do give you written Other
7.5
permission, we can revoke this at any time.
(a) As noted in clause 6.1, CCTV camera recording is used in Clubs (except in
5.9 Action for risky or inappropriate conduct bathrooms).
If you behave in a risky or seriously inappropriate way, for example, if you (b) Members and guests are not allowed to take photos and/or videos in Clubs unless
threaten or harass others, damage equipment, distribute or use illicit specific permission is granted by the Club.
substances, or train other Members without our authorisation, appropriate TRANSFER
8.
action will be taken. For example, your Membership may be immediately
8.1 Your Membership may be transferred to another Club if:
suspended or cancelled (with a Cancellation Fee potentially applying), you may
be banned from joining any Club and/or we may refer the matter to (a) over 2 consecutive 30 day periods you use another Club a minimum of 4 times in
appropriate authorities. If your conduct causes us or another person costs, loss each period AND use that Club at least 50% of the time in each period; OR
or damages you agree to pay for these. (b) over 3 consecutive 30 day periods, you use another Club at least once in each of
these periods, and 100% of your visits are at the other Club.
8.2 If your Membership is transferred to another Club, your Fees, including any (b) You can cancel the Periodic Agreement with earlier effect than the End Time but
periodic or ongoing Membership Fees, may be varied to reflect the Fees you will still be liable for Membership Fees to the End Time, unless we agree
applicable in the other Club. If your Membership Fees are increased we will otherwise.
use our reasonable efforts to give you prior notice of the change unless it is
(c) If you have paid Membership Fees in advance that extend beyond the End Time,
not practicable to do so.
you will be entitled to a refund of those Fees on cancellation of the Periodic
8.3 If your Membership is transferred to another Club in another state or country, Agreement.
you may be required to sign a new Agreement compliant with the laws of that
10.4 Cancelling for medical reasons
state or country.
(a) You can cancel your Fixed Term or Periodic Agreement at any time by telling us
8.4 Your Membership may be transferred to another person who is not a current
in writing if you cannot use the Facilities and Services because you contract a
Member but only if we agree, your account is up to date, and the person you
serious illness or a permanent physical incapacity during the term of your
transfer to:
Agreement. This must be confirmed in writing by a doctor or other medical
(a) is eligible to become a Member; professional we reasonably agree to and you agree that we may contact the
(b) is able to take up your Membership (for example, if you have a corporate doctor or other professional for verification .
Membership); (b) If you cancel under clause 10.4(a), we can charge you the Administration Fee.
(c) signs a new agreement to become a Member for at least the balance of the You will also be liable for Fees incurred, i.e. your Membership Fees for the time
Fixed Term/Supply Period; you were a Member (calculated on a pro rata basis), the Joining Fee, the Fob Key
Fee and Fees for services already supplied.
(d) agrees that that the provisions of clause 2 regarding access and reciprocity will
also apply to them; and 10.5 Cancelling a Fixed Term Agreement for convenience

pays Membership Fees for at least the balance of the Fixed Term/ Supply You can cancel your Agreement at any time during the Fixed Term by telling us in
(e)
Period, or enters into a Direct Debit Payment Agreement if these Fees are to writing and paying a Cancellation Fee.
be paid periodically by direct debit; and 10.6 Other ways you can cancel
(f) pays applicable other Fees such as a Fob Key Fee and a Joining Fee. You can also cancel your Agreement in the following ways and without paying a
8.5 If our transfer policy (in clause 8.1) is changed, we will use our reasonable Cancellation Fee:
efforts to give Members prior notice of the change. (a) When prior notice is NOT required

9. PUTTING YOUR MEMBERSHIP ON HOLD You may cancel without giving us prior notice if:

9.1 You may temporarily suspend or freeze your Membership for any reason if (i) we break an Essential Term and have not fixed this in a reasonable time of you
your account is up to date and, if you have a Fixed Term Agreement, it has asking us in writing;
more than 2 weeks left. In any 12 month period you may freeze your (ii) you become bankrupt and give us proof (such as supporting documents) to our
Membership 2 times for up to 3 months for both periods combined. reasonable satisfaction;
9.2 We may agree to freeze your Membership for more than the period noted in (iii) we change this Agreement in a way that adversely affects you (this does not
clause 9.1 for travel, medical or hardship reasons but you must give us proof include a variation of Fees in the case of a transfer of Membership); or
(such as supporting documents) to our reasonable satisfaction.
(iv) you become entitled to cancel under consumer laws.
9.3 The Freeze Fee usually applies during any freeze period.
(b) When prior notice is required
9.4 While your Membership is frozen, the Fixed Term/Supply Period will be
You may cancel by giving us 30 days written notice if you relocate more than 15
extended for the same time as the freeze period. Direct debit payments that
km from a Club and you give us proof to our reasonable satisfaction.
fall in the freeze period will also be frozen (except the Freeze Fee).
(c) Applicable Fees
10. WHEN YOU CAN END THIS AGREEMENT
If you cancel your Agreement under clause 10.6(a) or (b), you will be liable for
10.1 Notice
Fees incurred, i.e. your Membership Fees for the time you were a Member
If you need to notify or tell us anything in writing under this clause: (calculated on a pro rata basis), the Joining Fee, the Fob Key Fee and Fees for
(a) you can give this to us in person, by e mail or post; services already supplied. These Fees are not refundable except in very limited

(b) it would be useful (but not required) if you complete any standard circumstances related to clauses 10.6(a) (i) and (iv).
documentation we may have such as a cancellation form and provide your 11. WHEN WE CAN END THIS AGREEMENT
Membership number (if you know it);
11.1 In addition to our other rights under this Agreement, we may cancel your
(c) if you do not use our standard documentation, your notice must include your Membership if you breach any obligation under this Agreement that can’t be
name, Club, address, phone, email, ID details and signature and explain why fixed or if you breach an obligation that can be fixed but you do not fix it in a
you wish to cancel; and reasonable time.
(d) you must also attach required proof such as a medical certificate. 11.2 If we cancel your Membership under clause 11.1, you will be liable for Fees
10.2 Cancelling a Fixed Term Agreement at the end of the Fixed Term incurred, i.e. your Membership Fees for the time you were a Member (calculated
If this is a Fixed Term Agreement, you do not need to do anything, as your on a pro rata basis), the Joining Fee, the Fob Key Fee and Fees for services
Membership will end when the Fixed Term ends. We may contact you before already supplied. We may also charge a Cancellation Fee and recover costs, loss
your Membership ends to discuss renewal. If you choose to renew your or damages caused by your breach.
Membership by signing a new agreement before the Fixed Term ends, a 11.3 You promise you are not bankrupt or insolvent and are able to pay applicable
Joining Fee will not apply. Your Membership cannot be renewed more than Fees at the time of signing. You agree that you will tell us promptly if you believe
90 days before the end of the Fixed Term. you will be unable to pay your Membership Fees for an extended period. We may
10.3 Cancelling a Periodic Agreement cancel your Membership if you become bankrupt or insolvent.

(a) If this is a Periodic Agreement, you may cancel during any Supply Period by 11.4 If we cancel your Membership under clause 11.3 you will be liable for Fees
giving us written notice. The cancellation will take effect at the End Time but incurred, i.e. your Membership Fees for the time you were a Member (calculated
subject to clause 10.3(b) on a pro rata basis), the Joining Fee, the Fob Key Fee and Fees for services
already supplied.
 FEES
12. 12.9 Refunds and the Credit Code
General
12.1 We can deduct all Fees and charges that you must pay under this Agreement from
The Fees you have to pay are set out in the Details. Some rights and any refund we give you.
(a)
obligations that apply in relation to particular Fees are set out in this clause.
13. DIRECT DEBIT
If you do not make any payment when it is due, your Membership may be
(b) 13.1 Direct Debit Payment Agreement
suspended and you could be refused access to Clubs and to Facilities and
Services until all outstanding amounts have been paid. (a) If you pay any Fees, including ongoing Membership Fees, by direct debit, then this
will be through our Biller (not us).
Your Membership may also be terminated if any Fees remain unpaid for an
(c) (b)
extended period. You will still be liable for all unpaid amounts. A Cancellation You will be provided with a copy of Direct Debit Payment Agreement of the Biller
Fee may also apply. which applies to any direct debit services. The Direct Debit Payment Agreement,
which we are not a party to, is entirely separate to this Agreement.
Joining Fee
12.2 13.2 Authority to deduct Fees
We will charge you the Joining Fee to cover the set up costs for your
Membership. This is not refundable except in very limited circumstances By nominating a credit or debit account, you authorise our Biller, to deduct from
related to clauses 3 and 10.6(a) (i) and (iv). that account all Fees and other charges you are responsible for under this
Agreement. You must keep your account details up to date.
Pro-Rata Fee
12.3 13.3 Late or rejected direct debit payments (Also see clause 12.7)
If you pay by direct debit and your Start Date begins after the first day of the
relevant Direct Debit Payment Period, you will only be charged the applicable (a) You must ensure there is enough money in your nominated account on the usual
portion of the Direct Debit Amount. The same applies if you have a Fixed payment, or the next working day if that falls on a day when banks do not process
Term Agreement and the Direct Debit Payment Period ends after the last day payments.
of the Agreement. (b) If there is not enough money in your nominated account on the usual payment day,
Fob Key Fee or there is another reason that your account was unable to be debited (except one
12.4 within the Biller’s control), you will be charged the Biller’s Administration Fee. This
This is the Fee charged to buy a Fob Key. This is not refundable except in very
will be added to your next debit amount. Prior arrears may also be included.
limited circumstances related to clauses 3 and 10.6(a) (i) and (iv). If you need a
replacement Fob Key, a Replacement Fob Key Fee will apply. (c) You authorise our Biller to deduct any unpaid arrears outstanding on your account.

Membership Fees (d) Your bank or credit provider may charge you a fee for overdrawing your account if
12.5
you do not have enough money in your account when payment is due.
If this is a Fixed Term Agreement you can pre-pay your Membership Fees (pay
(a)
them up front) when you sign this Agreement, or you can elect to pay by 14. OTHER SERVICES
equal periodic instalments provided this option is available in our Club. 14.1 There may be other services, including personal training services, offered at Clubs
If this is an Periodic Agreement, you must pay Membership Fees periodically by us, contractors, licensees and others which are offered separately and/or in
(b)
in advance until your Agreement ends. addition to services provided under this Agreement. You will need to pay applicable
fees directly to the providers of the services and agree to separate terms and
Cancellation Fee
12.6 conditions.
A Cancellation Fee is payable if you want to cancel a Fixed Term Agreement
(a) for your convenience in the Fixed Term. 14.2 We are not responsible for these third party provided services including fees or any
associated costs claims or refunds, unless they are provided by us.
A Cancellation Fee may (at our reasonable discretion) also be payable by you
(b) 15. CHANGES TO YOUR AGREEMENT
if your Membership is ended by us under clause 5.9, clause 11.1 or clause
12.1(c). 15.1 We may sometimes make changes to this Agreement, including our Club Rules. If
we do this, we will try to do this fairly and by giving you a chance to cancel your
If you do not pay a Fee when due
12.7 Membership if you are adversely affected by the change and do not agree to it.
If you do not pay a Fee or other amount you owe when due, we can suspend
(a) 15.2 We will make reasonable efforts to tell you of any change in advance and when it
your Membership until all amounts have been paid. This is in addition to our
will take effect. Subject to other Terms, the effective date will generally be at least
other rights under this Agreement, including those under clause 11.1. Other
30 days from the date we tell you about the change unless it is not practical for us
consequences may also apply with respect to late or rejected direct debit
to tell you at this time. Your Membership will be amended from the effective date.
payments (see clause 13.3).
Fees and charges continue to accrue during a suspension under clause 12.7(a). 15.3 You cannot cancel under this clause in the case of a transfer of your Membership
(b) or if we have to make the change to comply with a law or a direction of a relevant
Fee increases authority.
12.8
During the Fixed Term or any Supply Period: 16. OUR LIABILITY TO YOU
(a)
your Membership Fees will not be increased (except in the case of a transfer 16.1 Statutory guarantees
(i)
of your Membership (see clause 12.8 (c));
(a) Under the ACL we guarantee that the services we supply:
other Fees may, however, be varied.
(ii) (i) are provided with due care and skill;
After the Fixed Term or any Supply Period, all Fees may be increased.
(b) (ii) are reasonably fit for any purpose you have told us you are using the services for
If your Membership is transferred to another Club, your Membership Fees or told us you wish to achieve; and/or
(c)
(and other Fees) may be varied to reflect those which are applicable at the
(iii) are supplied in a reasonable time.
other Club even if your Membership is transferred in the Fixed Term or any
Supply Period. (b) Under certain legislative provisions, however, we can ask you to accept some
limitations to the ACL guarantees.
We will make reasonable efforts to tell you of any Fee changes. Subject to
(d)
clause 8.2, if your Membership Fees are to be increased, an e mail will be sent (c) If you sign this Agreement, you agree, to the extent allowed by section 139A of the
to you at least 2 weeks before the increase. CCA, to exclude or modify our liability to you for death or injury from our failure to
comply with ACL guarantees.
If your Fees are varied, you authorise any debits from your nominated account
(e)
to also be varied. (d) This exclusion does not apply if your death or injury is caused by our “reckless
conduct” (as defined in the CCA).
16.2 State based notices: South Australia only (f) We will try, but cannot promise we will be able, to tell you about any Club
The ACL Exclusion Notice (South Australia): "Recreational Services exclusion, closures in advance.
restriction or modification of rights under the ACL (SA)" applies if it is attached 19. COMPLAINTS AND FEEDBACK
to this Agreement and signed by you. 19.1 If you have any concerns about the Facilities and Services or anything else
16.3 Other implied terms in relation to your Membership, you should first raise it with Club staff.

Nothing in this Agreement excludes, restricts or modifies any terms, 19.2 If you are uncomfortable about approaching, or do not wish to approach
conditions, warranties, guarantees, rights or remedies which cannot lawfully Club staff, or are not happy with the response given, you may send a
be excluded, restricted or modified. Otherwise, unless expressly included in complaint to the head office of Anytime Australia by e mail to
this Agreement, all implied terms, conditions, warranties, guarantees, rights [email protected].
or remedies that can be lawfully excluded are excluded. In particular, but 19.3 Complaints will be dealt with in accordance with the Anytime Fitness
subject to clause 16.1 and 16.2, we are not liable for death or injury caused by complaints policy.
our negligence or breach of implied terms that services will be provided with 20. GENERAL LEGAL MATTERS
reasonable care and skill at common law. This does not exclude our liability
20.1 Unexpected events
for reckless conduct.
We are not responsible if Members cannot use our Club because of an
16.4 Loss of property
event caused by a natural force (such as a fire or a flood) or a road or
You promise not to unnecessarily bring valuables into a Club and agree that it building closure or something similar beyond our reasonable control. If this
is not the obligation of the Club to look after unattended property. continues for more than 30 days, then either you or we may cancel this
17. YOUR RESPONSIBILITY FOR DAMAGE Agreement immediately by written notice. No Fee will apply.
You agree to pay for any loss or damage to the Club or the Facilities and 20.2 Severability
Services caused by you or your guests through a wilful, wrongful or negligent If a court decides that any part of this Agreement is or becomes illegal,
act or as a result of your, or their, breach of this Agreement. void or unenforceable, that part is deleted and this does not invalidate the
18. CLUB CLOSURES rest of this Agreement.
(a) We may need to close our Club for a period of time, for example, due to an 20.3 Waiver
emergency, or if required by a court order or by law. If we do not enforce our rights under this Agreement at any time, it does
(b) We may close our Club up to 14 days in any 30 day period under clause 18(a) not mean that we may not do so in future.
and keep charging Membership Fees.
20.4 Entire Agreement
(c) If we close the Club for between 15 and 30 days under clause 18(a) in any 30 You agree that we have not made any representations or promises that
day period, clause 18(e) applies. you have relied that are not in this Agreement.
(d) We may also close the Club for up to 30 consecutive days if it is being 20.5 Applicable law
refurbished or relocated.
The law of the state/territory set out in the Details applies to this
(e) If we close the Club under clause 18(c) or 18(d) we may keep charging Agreement.
Membership Fees if you are able and willing to use another Club. If you are
not able or willing to use another Club we will freeze your Membership at no
cost to you and extend your Agreement for a time equal to the closed period.

To view these terms online, please visit www.anytimefitness.com.au/membershipagreement

-END-
 ACL Exclusion Notice

Recreational Services exclusion, restriction or modification of rights under the ACL (SA)

Under sections 60 and 61 of the Australian Consumer Law (SA), if a person in trade or commerce supplies you with
services (including recreational services*), there is:

• a statutory guarantee that those services will be rendered with due care and skill; and

• a statutory guarantee that those services, and any product resulting from those services, will be reasonably fit for the
purpose for which the services are being acquired (as long as that purpose is made known to the supplier); and

• a statutory guarantee that those services, and any product resulting from those services, will be of such a nature, and
quality, state or condition, that they might reasonably be expected to achieve the result that the consumer wishes to
achieve (as long as that wish is made known to the supplier or a person with whom negotiations have been conducted
in relation to the acquisition of the services).

Excluding, restricting or modifying your rights

Under section 42 of the Fair Trading Act 1987, the supplier of recreational services is entitled to ask you to agree to
exclude, restrict or modify his or her liability for any personal injury suffered by you or another person for whom or on whose
behalf you are acquiring the services (a third party consumer).

If you sign this form, you will be agreeing to exclude, restrict or modify the Fitness Business’ liability with the result that
compensation may not be payable if you or the third party consumer suffer personal injury**.

Important

You do not have to agree to exclude, restrict or modify your rights by signing this form.

The supplier may refuse to provide you with the services if you do not agree to exclude, restrict or modify your rights by
signing this form.

Even if you sign this form, you may still have further legal rights against the supplier.

A child under the age of 18 cannot legally agree to exclude, restrict or modify his or her rights.

A parent or guardian of a child who acquires recreational services for the child cannot legally agree to exclude, restrict
or modify the child's rights.

Agreement to exclude, restrict or modify

your rights:
I agree that the liability of the Fitness Business for any personal injury that may result from the supply of the recreational
services that may be suffered by me (or a person for whom or on whose behalf I am acquiring the services) is-

(a) excluded;
(b) restricted as set out below:
(c) modified as set out below:
Signature Date

Signature of witness: Witness details:

Definitions

* Recreational services are services that consist of participation in:

• a sporting activity or similar leisure-time pursuit; or
• any other activity that involves a significant degree of physical exertion or risk
and is undertaken for the purposes of recreation, enjoyment or leisure.

** Personal injury is bodily injury and includes mental and nervous shock and death.

Further information: Further information about your rights can be found at www.ocba.sa.gov.au