20.02.2013 Views

ANYTIME FITNESS FRANCHISE DISCLOSURE DOCUMENT

ANYTIME FITNESS FRANCHISE DISCLOSURE DOCUMENT

ANYTIME FITNESS FRANCHISE DISCLOSURE DOCUMENT

SHOW MORE
SHOW LESS

You also want an ePaper? Increase the reach of your titles

YUMPU automatically turns print PDFs into web optimized ePapers that Google loves.

M. Photographs. We will have the right to photograph and make video or digital recordings<br />

of your Anytime Fitness Center premises and your employees at all reasonable times. We will have the<br />

right to use all photographs and videotapes of your Anytime Fitness Center for such purposes as we deem<br />

appropriate, including, but not limited to, use in training, advertising, marketing and promotional<br />

materials, and as evidence in any court or arbitration proceeding, to the extent the consent of any of your<br />

employees or others is required for our use of these photographs and videotapes for commercial purposes,<br />

you will use your best efforts to obtain these consents. Neither you nor your employees will be entitled to<br />

any right to be compensated by us, our advertising agencies, or other Anytime Fitness franchisees for any<br />

use of such photographs or videotapes.<br />

N. Ownership ofInformation. All of the information we or our affiliates obtain from you or<br />

about your Anytime Fitness Center or its customers ("the Information") and all revenues we derive from<br />

the Information will be our property. However, you may at any time during or after the term of this<br />

Agreement use, to the extent lawful and at your sole risk and responsibility, any information that you<br />

acquire from third parties in operating your Anytime Fitness Center, such as customer data. The<br />

Information (except for information you provide to us or our affiliates with respect to you and your<br />

affiliates, including your respective officers, directors, shareholders, partners or equity members of your<br />

entity) will become our property which we may use for any reason as we deem necessary or appropriate<br />

in our discretion.<br />

O. Manual. You will operate your Anytime Fitness Center in accordance with the Manual, a<br />

copy of which you will have on loan from us. You will treat the Manual as confidential, and will use all<br />

reasonable efforts to maintain the Manual as secret and confidential. You will use the Manual only in the<br />

operation of your Anytime Fitness Center. The Manual will remain our sole property. We may from time<br />

to time revise the contents of the Manual. You agree to comply with each new or changed standard. You<br />

will insure that your copy of the Manual is kept current with revisions that we send to you from time to<br />

time. In the event of any dispute as to the contents ofthe Manual, the terms of the master copy ofthe<br />

Manual maintained by us will control.<br />

P. Access; Reciprocitv. You agree to abide by the Anytime Fitness Reciprocity Policy as<br />

modified from time to time. This policy will likely prohibit you from selling any membership that does<br />

not provide full reciprocity benefits to all your members, and a means of accessing other Anytime Fitness<br />

centers on a 24-hour basis (typically through a key fob). This may require you, among others, to transfer<br />

members from your club to another club based on the current Anytime Fitness Reciprocity Policy. Apart<br />

from allowing membership reciprocity, you will not permit persons who are not members of your<br />

Anytime Fitness Center access to your fitness facilities, except on an introductory basis not to exceed<br />

thirty (30) consecutive calendar days.<br />

Q. Visits. A representative of ours may make visits to your Anytime Fitness Center to<br />

ensure compliance with all required standards, specifications and procedures. Our representative will be<br />

allowed to inspect the condition and operation of your Anytime Fitness Center and all areas of your<br />

Anytime Fitness Center at any time during your business hours. Such inspections may include, without<br />

limitation, conducting any type of audit or review necessary to evaluate your compliance with all required<br />

payments, standards, specifications or procedures. We may, from time to time, make suggestions and<br />

give mandatory instructions with respect to your operation of your Anytime Fitness Center, as we<br />

consider necessary or appropriate to ensure compliance with the then-current quality standards of the<br />

System and to protect the goodwill and image of the System. You expressly agree that these visit will not<br />

imply that you are in compliance with your obligations under this Agreement or under the law or that we<br />

waive our right to require strict compliance with the terms of this Agreement or the Manual.<br />

Furthermore, such visits will not create any responsibility or liability in our part. If you request that we<br />

make additional visits to your Anytime Fitness Center, you will pay the fees we establish for such visits.<br />

FA 12/09 12

Hooray! Your file is uploaded and ready to be published.

Saved successfully!

Ooh no, something went wrong!