Workshops Agreement | Weight Watchers® Canada

PLEASE READ THE FOLLOWING TERMS AND CONDITIONS RELATING TO YOUR ACCESS TO WORKSHOPS CAREFULLY.

1. Scope of Agreement

Unless otherwise indicated, this Workshops Agreement (“Agreement”) applies to (i) your attendance at WW Workshops and/or use of any other offline services (together, “Workshops”) offered by the Workshop service provider identified during the applicable Workshop ("Service Provider"). For purposes of this Agreement, "WW," "we," "us," or "our" means WW Canada, ULC or its affiliates together with the Service Provider (collectively, "WW Canada"). Communications concerning Workshops should be sent to 1415 Joshua's Creek Drive, suite 200 Oakville ON, L6H 7L9, 1-800-651-6000. This Agreement is specifically directed to residents of Canada.
By attending a Workshop, you accept and agree to be bound and abide by this Agreement, and you acknowledge our Privacy Policy. If you do not agree to this Agreement or the Privacy Policy, you must not attend a Workshop. By attending a Workshop, you represent and warrant that (a) you are at least 18 years old and of legal age to form a binding contract with us and (b) you do not have an active diagnosis of bulimia nervosa or anorexia nervosa. If you do not meet all of these requirements, you must not attend a Workshop.
In addition to the applicable terms set forth herein, access to any Workshops shall be subject to additional terms and conditions which may be made available to you by the Service Provider (the "WW Studio Terms and Conditions").

2. Binding Agreement

We reserve the right, in our sole discretion, to change, add or remove provisions of this Agreement at any time. You should check this Agreement periodically for changes. By attending Workshops, including after any changes are posted to this Agreement or you are otherwise notified of such changes, you agree to this Agreement and accept those changes, whether or not you have reviewed them. If you do not agree to this Agreement, you should not attend a Workshop.

3. Your License

Unless otherwise specified, we grant you a non-exclusive, non-transferable, limited right to access and use the material provided in your Workshops, for your personal, non-commercial use, provided that you comply fully with the provisions of this Agreement. You agree not to assign, transfer or sublicense your rights.
If you do not comply with this Agreement at any time, we reserve the right to cancel or terminate your access to Workshops without prior notice. In our sole discretion and without prior notice or liability, we may discontinue or modify any aspect of the Workshops, including, but not limited to, (i) restricting the time the Workshops are available, (ii) restricting the amount of access permitted, and (iii) restricting or terminating anyone's right to access Workshops.
Further, you agree that we shall not be liable to you or any third party for any termination or cancellation of your access to the Workshops.

4. Relationship between Service Provider and WW International

Your Service Provider is a subsidiary or franchisee of WW International, Inc., licensed to use its brand and intellectual property in Workshops.

5. Disclaimer of Warranty

PLEASE NOTE THAT NO ADVICE OR INFORMATION OBTAINED BY YOU FROM WW PERSONNEL SHALL CREATE ANY WARRANTY NOT EXPRESSLY PROVIDED FOR IN THIS AGREEMENT.

6. Limitation of Liability

YOU EXPRESSLY UNDERSTAND AND AGREE THAT WE SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, OR ANY OTHER DAMAGES WHATSOEVER, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), ARISING OUT OF OR RESULTING FROM (A) ACCESS TO, OR THE INABILITY TO ACCESS, WORKSHOPS; (B) THE USE OF ANY PRINTED MATERIAL; OR (C) UNAUTHORIZED ACCESS TO, USE OF OR ALTERATION OF YOUR DATA.
IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE WORKSHOPS, ANY PROVISION OF THIS AGREEMENT, OR ANY PRACTICE OR POLICY OF OURS (INCLUDING WITHOUT LIMITATION ANY CHANGE IN CONTENT), YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE PARTICIPATION IN THE WORKSHOPS. IF ANY PORTION OF THIS LIMITATION OF LIABILITY IS FOUND TO BE INVALID, LIABILITY IS LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.

7. Indemnification

You agree to indemnify, hold harmless and, at our option, defend us and our officers, directors, employees, stockholders, agents and representatives from any and all third party claims, liability, damages and/or costs (including, but not limited to, reasonable attorney's fees and expenses) arising from your violation of this Agreement or the terms in our other policies and agreements that you agree to be bound by, your use of any information obtained from the Workshops, or the infringement or use by you of any intellectual property or other rights of any person or entity.

8. Governing Law and Choice of Forum

This Agreement shall be governed by and construed in accordance with the laws of the Province of Ontario, without giving effect to any principles of conflicts of law.

9. Miscellaneous Terms

If any provision of this Agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions. This Agreement and any WW Studio Terms and Conditions, are the entire agreement between you and us relating to the subject matter herein.
We may assign our rights and obligations under this Agreement. This Agreement will inure to the benefit of our successors, assigns and licensees. You agree that if we do not exercise or enforce any legal right or remedy under this Agreement (or which we would have under any applicable law), that will not be construed as a waiver of our rights.

10. Choice of Language

The parties hereto confirm that it is their wish that this Agreement, as well as other documents relating hereto including notices, have been and shall be drawn up in the English language only. Les parties aux présentes confirment leur volonté que cette convention de même que tous les documents, y compris tout avis qui s'y rattache, soient rédigés en langue anglaise.