As captured on ; terms may have changed since.
Reviewed fields
For each field: the reviewer's category, then the words of the captured document. Where the category is silent, no provision on that field was extracted from the captured text, and nothing is quoted. Every category, with its count, is listed on the data page.
Delegation clause (who decides whether the clause is enforceable)
Reviewed category: silent
No provision on this field was extracted from the captured text.
Company’s fee promise
Reviewed category: no-promise-arbitrator-may-award-costs
If you succeed on your Claim in any multiple or mass case filing, the arbitrator may award you costs in any amount that would place you in an equal position as you had been in if you filed your Claim individually.
Fee or cost shifting against the consumer
Reviewed category: frivolous-or-rule-11-only
The arbitrator shall award attorney’s fees and costs, including the expenses of the arbitration, to the prevailing party if the arbitrator finds that the non-prevailing party asserted frivolous or bad faith defenses or claims.
Pre-filing requirement
Reviewed category: mandatory-condition-precedent
Before initiating an arbitration, you must first send, by certified mail or a nationally recognized courier service like Fedex or UPS, a written Notice of Dispute (“Notice”) addressed to: Legal Department, 111 Weir Drive, Woodbury, MN 55125 (“Notice Address”). The Notice must (i) describe the nature and basis of the Claim; and (ii) set forth the specific relief sought. If the you and we do not reach an agreement to resolve the Claim within 60 days after the Notice is received, you may commence an arbitration proceeding with the AAA by submitting the Notice of Dispute to the AAA and initiating the arbitration and sending a copy, by certified mail or courier service, of the initiated arbitration to the Notice Address.
Mass-arbitration terms
Reviewed category: mass-filing-fee-terms
If the AAA determines that your Claim is part of a filing of multiple or mass case filings, then you agree that the AAA Supplementary Rules for Multiple Case Filings apply and you further agree not to oppose any motion by us for an order requiring you to initially advance all filing fees and arbitrator costs.
Small-claims carve-out
Reviewed category: available-standard-carve-out
The sole exception is that you and we retain the right to pursue in small claims court any Claim that is within that court’s jurisdiction and proceeds on an individual basis.
Opt-out
Reviewed category: silent
No provision on this field was extracted from the captured text.
Unilateral modification
Reviewed category: continued-use-is-acceptance
Anytime Fitness may revise these Terms of Use at any time without notice. Any use of the Sites following the date on which changes to these Terms of Use or the Privacy Policy are published on the Sites shall constitute your acceptance of all such changes.
Scope
Reviewed category: broad-plus-survives-termination
this agreement applies to Claims involving any of Anytime Fitness’s staff, agents, subsidiaries, affiliates, employees, board of directors, parents, franchisees, predecessors, successors, and assigns, each of which is an intended third-party beneficiary of this agreement. This agreement shall survive the termination of any other contractual or non-contractual relationship between us and you, including any membership relationship you may have with a franchisee.
Confidentiality of the arbitration
Reviewed category: proceeding-confidential
The parties agree that the arbitration proceedings and results are confidential and, except as required by law, neither party nor the arbitrator may disclose the existence, content, or results of any arbitration conducted pursuant to this agreement without the prior written consent of the parties.
Shortened limitations period
Reviewed category: notice-deadline-1-year
Unless prohibited by applicable law, any Claim must be submitted to us in a Notice of Dispute within one (1) year from the occurrence of the facts giving rise to such Claim.
Severability if the class waiver is struck
Reviewed category: whole-clause-void-if-class-waiver-struck
With the exception of subparts (d) and (e) above (the class action waiver and mass action rules), if any part of this arbitration provision is held to be invalid, unenforceable, or illegal, then the balance of this arbitration provision shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting provision were not in it. If, however, subpart (d) or (e) above (the class action waiver and mass action rules) is held to be invalid, unenforceable or illegal, then the entirety of this arbitration provision shall be null and void, and neither you nor us shall be entitled to arbitrate their dispute.
Counsel or representation restrictions
Reviewed category: silent
No provision on this field was extracted from the captured text.
Mass-arbitration numeric trigger
Reviewed category: provider-rules-deferral
If the AAA determines that your Claim is part of a filing of multiple or mass case filings, then you agree that the AAA Supplementary Rules for Multiple Case Filings apply